house, democratic congressman richie neal, is facing a quite strong challenge from the mayor of holyoke, massachusetts, a young rising star named alex morse. so eyes on both of those democratic primary races tomorrow in massachusetts. but that's going to do it for us tonight. see you again tomorrow night. now it's time for "the last first look is up next. a new look at the back-and-forth between joe biden and president trump. also the president is set to travel to kenosha, wisconsin, today despite pleas from local leaders to stay away. the president's pandemic adviser is urging from inside and outside the government.

good morning, everybody. it is tuesday, september 1st. yes, we are well into september. i'm yasmin vossoughian. amid the backdrop of violent protests that have escalated across the country in recent days, former vice president joe biden has launched a new attack against the president. during a visit to battleground pennsylvania yesterday, biden gave a blistering speech accusing trump of sowing chaos and division. he directly challenged trump's claim that americans will not be safe if democrats win in decemb november condemned the violence seen in major cities. >> i want to make smb something very clear. rioting is not protesting, looting is not protesting, setting fires is not protesting. none of this is protesting. it's lawlessness, plain and

simple, and those who do it should be prosecuted. >> you know me. you know my heart. you know my story, my family's story. ask yourself, do i look like a radical socialist with a soft spot for rioters? really? i want a safe america, safe from covid, safe from crime and looting, safe from racially motivated sly lens, safe from bad cops. let me be crystal clear. safe from four more years of donald trump. >> but look. if donald trump wants to ask the question who'll keep you safer as president, let's answer that question. first, some simple facts. when i was vice president , violent crime fell 15% in this country. we did it without chaos and

disorder. >> this is the sitting president of the united states of america. he's supposed to be protecting this country, but instead he's rooting for chaos and violence. the simple truth is donald trump failed to protect america, so now he's trying to scare america. >> donald trump has been a toxic president for our nation for four years, poisoning how we talk to one another, poisoning how we treat one another, poisoning the values this nation has always held dear, poisoning our very democracy. now in just a little over 60 days, we have a decision to make. will we rid ourselves of this toxin or will we make a permanent part -- make it a permanent part of our nation's character? >> meanwhile the president criticized joe biden for not specifically condemning violence

from the far left even as trump himself defended violence himself from his own supporters including kyle rittenhouse, who is charged with shooting and killing two protesters in wisconsin last week. >> i noticed you did not mention that your supporters were also in portland this weekend firing paint ball guns at people, firing pepper spray. >> i understand they had large numbers of people that were supporters, but that was a peaceful protest, and paint as a defensive mechanism, paint is not bullets. >> do you condemn the defensive actions of those like kyle rittenhouse? >> we look at all of it that. was an interesting situation. you saw the same tape as i saw. he was trying to get away from them, i guess, it looks like. then he fell, and they very

violently attacked him. something we're looking at right now and it's under investigation, but i guess he was in very big trouble. he probably would have been killed, but it's under investigati investigation. >> okay. so here is what the president said about the use of excess everybody force by some police officers. >> we don't want to have -- when somebody makes a mistake, he chokes or in some cases you have bad cops who we have to stake care of. in other cases, they choke. they have a quarter of a second, a quarter of a second to make a decision, and sometimes they make the wrong decision. if they make the wrong decision, you know if they make the wrong decision in the other direction, they're probably dead. so they choke sometimes. and that goes on the evening news for weeks. >> shooting a guy in the back that many times, i mean,

couldn't you have done something different, couldn't you have wrestled him? you know, in the meantime, he might have been going for a weapon there. there's a whole big thing there. they choke. just like in a golf tournament. >> you're not comparing it to golf because the meade can dia >> i'm saying they choke. >> all of this is happening, all of this is said by the president as he's preparing for a visit to kenosha today. the president also responded to joe biden's speech on twitter yesterday, accusing his rival of, quote, blaming the police far more than he is blaming the rioters, anarchists, agitators, and looters for the unrest in american cities. the president later continued that criticism during a news conference. >> the violent rioters share joe biden's same talking points and same agenda for our nation, and

even his strange speech he made today in pittsburgh, he didn't mention the fact -- and he didn't mention the far left. he didn't mention the far left or from what i saw, i don't believe he mentioned the word "antifa." antifa is a criminal organization. he mostly seemed to blame the police and law enforcement. he went on point after point after point. he even talked about those on the right, but he didn't talk about those on the left. and those on the left are the problem and antifa is the problem. the rioters and joe biden are both on the side of the radical left. >> so in response, biden doubled down on his position against violence, laying out the further contrast between him and the president in a statement saying in part this -- tonight the president declined

to rebuke violence. he wouldn't even repudiation one of his supporters who is charged with murder because of his attacks on others. he is too weak, too scared of the hatred he has stirred. so once again, i urge the president to join me in saying that while peaceful protest is a right -- a necessity, violence is wrong, period. joining me now for the "washington examiner," david mark. there is so much that we hit on, david, and a lot of back-and-forth. pretty astounding to see the president essentially defending the actions of kyle rittenhouse who killed two protesters who were unarmed and then obviously attacking joe biden after he made his speech today coming out. what do you make of this back-and-forth between joe biden

and donald trump? is this just a precursor we're going to see over the next 60 days? and it seems certain after joe biden's speech yesterday, he's stepping out of the shadow or out of his home to get more front and center and to deal with a lot of the attacks he's getting from the president. >> right. this was the first realtime back-and-forth exchange between president trump and democratic nominee joe biden that we've seen this entire election cycle. it's been slow in getting going, but, yes, absolutely. this is a preview of what we're going to see these next 63 days or so. it's not clear how much joe biden is going to get out on the trail. i think he kind of felt compelled to after getting pounded by trump for several y days over the weekend, and these growing images of violence in kenosha, wisconsin, portland, oregon, et cetera. i think we're going to see him a lot more. i thought he was basically

pitch-perfect in rebutting president trump. what we know is the president then came out, gave a news conference, and later in the evening put out another statement through his campaign going up against biden. so sormt of message from bide season getting at the president and it's hitting hard. >> i feel like three there's a lot of handwriting on the joe biden side wanting him to step out considering the president is having nightly press conferences as he wants, he loves rallies with folks in the crowd, not much for social distancing. it seems from my understanding biden is going to be out on the trail more so. let's talk about these self-defense arguments. i talked about them earlier. the president essentially defending kyle rittenhouse. you have to have some

supporters, some of his base cringing at that notion. how do you see this playing out with trump's voting base? >> there was a time not too long ago when a president would not weigh in on a criminal matter. i realize we're long past that with this administration, but it's always dicey to weigh in when you haven't seen all the evidence, you're not a juror in the case, but clearly the president is sending a signal to his base of supporters vigilanteism is okay because he was on the right side of things. maybe kyle rittenhouse was threatened within an inch of his life. we don't know that. he's been charged with the crimes. that's to be determined in a court of law. but this is something that -- those are facts that don't really matter to the president's base, and they just want to see

supporting this guy no matter whalt. >> i want to just reiterate two were killed by rittenhouse despite the president saying rittenhouse was being threatened although rittenhouse was the one carrying a long gun. david mark, thank you very much. still ahead, iowa an appeals judge rejects the case of michael flynn. we're going to talk about all of it with legal analyst danny cevallos when we come back. llos when we come back when our daughter and her kids moved in with us...

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former white house counsel don mcgahn to testify in the mueller investigation. it was ruled congress has not filed a lauchlt judge judith rogers consented the investigative power including the thought to compel authority. the decision is coming just three weeks after the full d.c. circuit court of appeals held that congress did, in fact, suffer injury with the administration's refusal to allow mcgahn to testify and therefore did have standing to sue. yesterday's ruling was the second time the circuit court panel nullified the s&p form against testimony. house speaker nancy pelosi has said the house will appeal to the full court. and in a second notable decision of the day, the d.c. circuit court of afeels declined to

dismiss the case against former national security adviser michael flynn and sent it back to the lower court. in an 8-2 decision t court declined to grant outride the justice department's motion to withdraw charges against flynn. it also declined to remove district court judge emmett sullivan from the case. the decision is freeing judge sullivan to decide the motion. he's likely to proceed with a hearing on the reasons behind the doj's kwft to drop charges against flynn after the former national security adviser pled guilty to lying the fbi twice. the case is expected to proside for several more months. joining me now, msnbc li s n sn analyst danny cevallos. great to see you this morning. >> good morning.

>> let's start with michael flynn. since this means the case is likely to go on for several more months, what happens if there's a change of administration and a challenge of the justice department with this motion still in the courts? >> arguely nothing. the executive branch headed by the president is nothing but a curious onlyric. the doj is sort of involved but even if there's an administration and new order is given, that's one way it could change. they could say, oh, never mind, we want to prosecute michael flynn. that could change things. but assuming the d oj decides to

do things. >> i want to break things down. how can they say the courts cannot ask its to enforce a subpoena? courts are asked to do this all the time. >> we have to talk about the house and the senate. the house has the power to issue s&ps. a big surprise to a lot of officials who assumed it existed. but the court pointed out way back when congress recognized that it lacked power to enforce the subpoenas, it enacted a statute in the '80s that gave

that power to the senate but not to the house, so the senate can go to court to seek to enforce the subpoenas t house can only issue them. if i didn't have the power to go to the courts to enforce it, a subpoena isn't worth the paper it's written on for the most part. >> look at you. tv in the mornings, subpoenas in the afternoon. danny cevallos, thank you as always. doing your job, my friend. still ahead, everybody. university of alabama athletes along with koich nick saban march for change in tuscaloosa. that story and more coming up next. n tuscaloosa that story and more coming up next

hundreds of students, athletes, coaches, and staff at the university of alabama marched against social justice and police brutality yesterday. they held signs and wore shirts

that read "black lives matter." the short distance walk on campus started at the melmore facility. saban said the decision to walk was made as a team and that he is very proud and supportive of how students were conveying their message on social inequality. the demonstration by saban and university students comes after marches by other universities as well. let's switch gears here. let's get a first look at your weather with nbc meteorologist bill karins. good morning, bill, what have you got? >> good morning. the start of fall, hurricane season, it's usually a big transition movement our attention is still focused on the south. still have 300,000 people without power in louisiana and

texas with hurricane laura. it's brutally hot. we continue that today. you have to feel bad for the recovery effort, people returning to their homes to see what's left. you have 27 million people impacted by the heat advisories. at one point yesterday lake charles felt like 109 degrees with the heat index. today it's going to feel like 106. look at corpus christi, 114, san antonio, 112. it's been very hot and very humid in areas of texas and louisiana. not much better on wednesday. we're slightly trending in the right direction. it's really not until the end of the week where i wouldn't call it refreshing but at least in the mid-90s, it will be around 90 in other areas. oklahoma and arkansas, a lot of lightning with storms. we have a flash flood warning for the ft. smith, arkansas,

area. even dallas sim pathed by a flash flood watch. locally 4 to 5 inches of rain. it will be welcome. we don't want flash flooding problems, of course. we'll see cloudy drizzly conditions in areas of the mid-atlantic. the recovery effort, very difficult in those conditions in louisiana. >> all right. thank you, bill. we're going to preview the president's trip to kenosha despite local leaders asking him not to come. also, house lawmakers prepare to subpoena the postmaster general for documents related to mail delays. the latest in the escalating confrontation between congress and the postal service. that is next. congress and the postal service that is next

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welcome back, everybody. i'm yasmin vossoughian. we're going to begin this half hour as the president going against the wishes of the wisconsin officials who believe his visit will incytoviolence is still set for a trip to kenosha today. here's what the president said yesterday about his decision to come and the presence of the national guard in the airy. >> it could increase enthusiasm and increase love and respect for our country, and that's why i'm going, because they did a fantastic job. as soon as i called and told them let's go, the whole problem stopped. that was what? six days ago? >> meanwhile trump said he had

plarned to meet with the family of jacob blake, but their attorney claims they have yet to be personally contacted. >> they wanted me to speak, but they wanted to have lawyers involved, and i thought that was inappropriate, so i didn't do that. but i did speak with the pastor of the family who's a fine man, a wonderful man. i think we had a great talk, and i may at some point, you know, do that, but they did have a lawyer that wanted to be on the phone, and i said, no, that's inappropriate, but i just gave my best regards. but, again, i spoke with the pastor. >> so a white house official confirms that president trump was referring to julia jackson, j of jacob blake's brother. local officials are disagreeing and trump's claims seem to distort the role of the national guard deployment. trump tweeted this. if i didn't insist on having the

national guard ak thectivate an into question know shenosha, th would be no kenosha right now. also there could have been great death and injury. paul knapp said the process is actually a governor-to-governor contact through the emergency management assistance, meaning the president is usually a bystander when it comes to deployment of the national guard. tony evers also pushed back saying he himself had ordered troops before trump suggested it. evers ordered 500 members of the national guard to restore peace on the streets of kenosha.

of the 175 people who were arrested until sunday 1rks, 102 from places outside of kenosha, wisconsin, include 4g 4 cities. i want to turn to the latest. it was announced yesterday there will be a subpoena of the postmaster general if necessary. maloney said louis dejoy withheld akpaepg documentation from the committee when testifying last week and declined the request for him to submit it at a later day. yesterday she repeated the request for documents and concluded with the following. if there are any questions about whether you are legally authorized to produce these documents, please let the committee know, and we will issue a subpoena to resolve these doubts and compel their production.

the postal service responded by saying, quote, it was surprised and confused by maloney's message and issued a statement which read in part this. we will continue to cooperate and we will fully intend to comply with our obligations under the law. dejoy also declined to voluntarily is up mitt to a request of documents to the senate during the august 21st testimony before the homeland security and governmental affairs committee. joining me once again, political editor for the "washington examiner" david mark. what are you hearing with reaction to the escalating tensions between the postal service and the potential s&p issued to dejoy by carolyn maloney, chairman of the house oversight committee? >> house democrats mean business. what i'm hearing is they intend

to follow through on the subpoenas, on anything court-rea littled, if they have to go to court to try to drag out these documents which, after all, are from a public agency. the problem for house democrats is political. it may take time. just like some of the other subpoena cases we were discussing earlier. this could go on for months and months and could get pulled past the election on november 3rd. but democrats want to prevent any kind of slowdown of mail that would do with absentee ballots, anything that would delay the counting of ballots. they may be in a tough position to expedite this because they don't set the court schedule. >> i mean, you talk about the time. i think that's one of the most important parts of this conversation is the fact we're 60 days from a presidential election which may impact the decisions louis dejoy has made

since he has been in his position. so i think the big question here is what are democrats looking to gain by subpoenaing some of these documents when we have 60 days left until this election? what could actually change to assure americans that we have a free and fair election on november 3rd? >> it's a pressure tactic. house democrats on the committee and the entire house probably know that this is not going to get resolved by election day, but the thinking is if you keep up the litigation f you make it clear to the postmaster general there are real penalties involved, particularly if there's a new administration that comes in and may prosecute some cases, the thinking, the hope is that -- that compels him to move more quickly and comply as they would like. there's no assurance of it. but that's about the maximum leverage they have, and they're trying to play it for all its

worth. >> i have a sense it's going to be an uphill battle considering dejoy didn't seem very forthcoming during his testimony either. "washington examiner's" david mark. good to see you. still ahead, why president trump claims he, quote, inherited dr. anthony fauci, a top medical adviser is pushing the administration to adopt a controversial new strategy to combat the coronavirus pandemic. those details are coming up next. your first look at "morning joe" is back in a moment. your first " is back in a moment. when the murray's started using gain ultra flings

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well. he said keep it open for china, and he admits it. i get along with him very well but every once in a while i say,

where did that come from. i inharlted him. he was part of this huge piece of machine. i didn't put him in charge. he's been here for 40 years. >> since '84. >> okay. he's been here for many, many years. you inherit a lot of people. it's part of the machinery. you have some you love, some you don't. i like him. i don't agree with him often, but i like him. >> that was trump on fox news after he was asked if he would put anthony fauci in charge once again. meanwhile a top coronavirus white house adviser is pushing the administration to adopt a controversial herd immunity strategy. acourting to the "washington post," scott atlas is advocating for a model used in sweden. the administration has already begun to implement some policies

onng to current and former officials as well as experts, particularly when it comes to testing. at la atlas joined the white house last month as an adviser. it hasn't escaped the deep economic problems resulting from this pandemic and the model has been heavily criticized by public health officials. according to the "post," this is drawing concerns from experts inside and outside of government saying, quote, the method could lead to hundreds of thousands if not millions of lost american lives. shortly after the "post" published the report, atlas released a statement in part saying this. there is no policy of the president or the administration of achieving herd immunity. there never has been any such policy recommended to the president or to anyone else from me.

it's been shown that coronavirus cases, hospitalizations, and deaths have increased at a faster rate among children and teenagers than among adults. according to "the new york times," the latest data from aap say it's less than adults. since the beginning of the summer, every state in the united states increased the number of young people who tested positive for the coronavirus as a share of all these cases. in late may, 5% of the country's cases were documented in minors, but by august 20th, that number had risen on more than 9%. all right. let's switch gears again and get a check of your weather with nbc

meteorologist bill karins. as a lot of schools have been opening in the northeast, some with varying schedules, a couple days on, a couple days off, it's troubling, these numbers, when it comes to children. >> yeah. and for the parents that are sending their children to these schools and to the colleges. i want to talk about that because it's very timely with what i've been researching with some of the maps and graphs i've put together for you. let's start with the big picture. deaths on monday, 512. typically mondays are our lowest numbers. we'll see if that happens. you see at the very end of the orange line, the trend has been slowly down. not fast, but very slow. as far as new cases yesterday, a little lower than the 7-day average. roughly about 10,000 more so than the peak, still, that we saw in april. here's the interesting part. i do the state by state. i look at these every day to see

if anything glaringly jumps off the page at me. look at missouri in third there. they've only had 85,000 total cases. yesterday they reported 2,233. that was a record total. broke the record of 400. i went and looked a little deeper into it. they have a surge going on at the university of missouri. they've had 300 new cases reported just in the last three days in boone county, columbia, missouri. that's definitely a story to keep an eye on. we do have a tropical depression off the carolina coast. we call them fish storms because they're heading harmlessly out to sea. it will hit no one. if we get a storm, it's an "n" name, n-a-n-a.

not nana, but nana. a lot of people got a kick out of that. it looks like we have a surge going on at the university of missouri. >> that's why a lot of college campuses decided to be completely online. thank you, bill. still ahead, we're going to go ahead to cnbc business to see what drove august. back in a moment. s to see what drove august. back in a moment te. it removes up to 95% of surface stains. and strengthens enamel. from the number one toothpaste brand in america. crest. a lot goes through your mind. with fidelity wealth management, your dedicated adviser can give you straightforward advice and tailored recommendations. that's the clarity you get with fidelity wealth management. and tailored recommendations. i'm a verizon engineer, and i'm part of the team building the most powerful 5g experience for america. it's 5g ultra wideband, and it's already

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time now for business where wall street posted its best august since the 1980s. cnbc's julianna tatelbaum joins us from london. it's been quite a month on wall street. how are things shaping up today? >> it certainly has. we look back at the month of

august, the dow seeing its best august since 1984. we look at the gains over the course of the month. those tech stocks that have continued to outperform the broader market. so one of the big questions moving forward is of the questi forward is whether that trend will continue, investors buying more and more of the tech stocks and leaving behind lesser loved stocks in the market. this week the focus shifts to the jobs market. on friday we're due to get the unemployment report. we'll get a sense of how the labor market is holding up as the stimulus continues to support parts of the market. that's a question for investors as well. i want to highlight one stock in particular, zoom shares have soared after revenue quadrupled from last year. zoom raised its full year guidance, new customer sup

subscriptions delivered 81% of the revenue growth. the company averaged 180 million users in the quarter up 4,700% year over year. so shares rose as much as 25% in extended trade and zoom shares are up 369% since the beginning of year. yasmin. >> i had said over and over again that had i known, i should have vinneinvested in zoom in l march. i would be in a good position now, wouldn't i? let's talk about airlines, you have a lot of major airlines dropping those terrible change fees, what are oftentimes topping off at 200, $250 just to change a flight that costs more than the actual flight you bought in the first place.

what more do you have on this? >> that's right. and no doubt this is part of the airline industry's effort to coax people back to air travel as they remain concerned around coronavirus and what it means to travel, so united announced the change on sunday and delta and american followed suit in the afternoon. most of the change fees cost upwards of $200, so a major change if you are comfortable to get back in a plane. >> julianna tatelbaum live from london for us, thank you. up next a look at axios' 1 big thing. and coming up on "morning joe," as the shooting of protesters in kenosha, wisconsin inflames the ongoing gun debate, senator chris murphy joins the conversation. "morning joe" is moments away. e conversation "morning joe" is moments away.

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it's got to be tide. welcome back, everybody. joining me now with a look at axios a.m., political reporter for axios and my friend hans nichols. so good to see you this morning.

give us axios' 1 big thing today that you guys are calling red mirage. >> that's right. get used to this concept because it is going to be coursing throughout our politics for the next two months. here's what it means. we go to bed on election night and donald trump has a huge victory, a red victory but it's just a mirage because all the mail-in ballots haven't been tabulated. my colleague interviewed the ceo of hawk fish, a democratic firm, but they're looking at the numbers and calculating this out and they're thinking if say 15% of the votes that come in on election day are mail in and they only counted 15%, trump could have a 400 vote victory in the electoral college but four days later if the mail-in ballots get counted that victory goes away. and the concern the democrats have is that there's going to be

a great deal of uncertainty about the results. it's going to look like donald trump won. we know donald trump is talking about how mail in votes can't be trusted but it's going to ultimately be the mail-in votes that get joe biden over the top. there's a great deal of concern. it comes down to different voting behavior. republicans aren't as concerned about coronavirus they'll be voting in person, democrats are and they'll be relying on mail-in ballots. this is going to be a big issue for the next two months. potentially even longer. yasmin. >> so, you know, i've been up late nights sometimes thinking about this. because i wonder, first, what are the predictions about how long it'll actually take to count all the votes after november 3rd, especially with all the mail-in ballots. and then, who's going to be the adult in the room to calm the american public to make them understand we have to wait?

because we certainly know, having seen how this president is over the next four years, it's not going to be him. he's not going to be on the podium saying listen, we have to wait for the votes to see who wins. who's tasked with that responsibility? >> it's 2020, there are no more adults in the room. everyone has their competing narratives, their competing i ideologies. republicans will be with the idea between donald trump looks like they won the election night they think joe biden and the democrats should concede immediately. it's really a failure in the system in that there's no umpire to call the balls and strikes, that's the way it is. and americans are going to have to get used to that ideas. as to the question of when will all the ballots be counted? define all. to get the ballots counted that could be further into november,

maybe even december. hawk fish is saying four days in you'll have about 75% of the ballots counted with but with each additional day you have more marginal returns but to get to the 100% certainly we may not know for several days, even weeks and that's what has democrats concerned. when you look at the -- i don't want to say the original sin -- but what democrats are still upset about is al gore's decision to concede in 2000, that's what these contested elections go back to. republicans say it's 1968 and nixon and kennedy. there'll be a lot of disputes on that, but democrats are not willing to concede on election night, in part because they think mail-in ballots will put them over, that's going to lead to uncertainty and potentially, i don't want to be overly dramatic here, potentially social unrest. >> a stressful couple of weeks

to say the least. >> i'll be reading axios a.m. in just a bit you too can sign up for the news leletter at signup.axios.com. that does it for me this morning. i'm yasmin vossoughian. "morning joe" starts now. i want to make something clear, rioting is not protesting, looting is not protesting, setting fires is not protesting. none of this is protesting p. it's lawlessness plain and simple. and those who do it should be prosecuted. >> you did not mention that your supporters were also in portland this weekend firing paint ball guns at people, pepper spray, so do you want to take the chance to condemn what your supporters did? >> i understand they had large number of peoples and that was a peaceful