floyd? >> yes, ma'am. >> okay. so, what stood out to you about what mr. floyd was saying when you saw him on the ground? >> when he kept saying "i can't breathe" and when he said "mama, they're killing me." "they're killing me." that's what i kept hearing "mama, i can't breathe they're killing me." he started saying my body's shutting down. >> and was it your voice somewhere in the middle of all this saying, get up and get in the car? was that you >> yes, ma'am. >> and why were you saying that? what were you trying to do at that point >> i was trying to help him. >> and how did he look to you

after this continued, when you said he was saying "mama" and "i can't breathe," how did he appear to you? >> he appeared to be in and out with foam running out of his mouth. >> and you said you saw foam running out of his mouth >> he had white foam around his mouth. >> and you said in and out what do you mean by that >> talking like. >> okay. >> i can't really describe it, but he was -- >> did you hear him talking at one point and then did he later stop talking >> i heard him keep trying to ask them to let him up so he can breathe and even i said to the offi officers, i said, the man said he can't breathe and he said if he can keep talking, he can breathe.

>> okay. is it okay with you if i play this clip? we'll keep playing it if you're ready for it. >> yes, ma'am. >> i can't breathe or nothing, man. mama, i can't do nothing my fate is gone. i can't do nothing please, please i can't breathe. >> get off the sidewalk, please, one side or the other, please. >> my face is bad. >> just leave him.

>> all right and you were describing, you said, a hog tie or saw an officer maybe going to get one did you ever see the officers use any kind of tie or other type of restraint for mr. floyd? >> no, they did not. >> okay. i'm going to take this individual row down. we're going to put up another one, but i'm just going to not play it. it's going to be exhibit 16. it's already admitted. if we could, just put that up on the screen yes, on the jury screen as well. i believe it's already been admitted into evidence so, this is exhibit 16, which is a video clip that is not playing. it's marked 8:20:05 is the timestamp. do you see where you were standing in this particular image? >> yes, ma'am.

>> can you just point yourself out? all right. and what do you see the officers doing from your perspective on the street >> i see the officer right there holding him down they got his knee on his neck, between his neck and back, holding him down the other officer, you really can't see around them but it looked like they were holding him, george floyd, down also. >> okay. so you talked about -- did you see three officers with mr. floyd? >> yes, ma'am. i see four officers all together but three officers are on mr. floyd. >> okay. and looking at this picture, can you tell which officer was which at this moment

this officer is mr. chauvin. i don't know the others. >> let's stop right there. when you say mr. chauvin, can you tell where mr. chauvin is in this picture or is it too hard to tell? can you press that again if you're trying to point to mr. chauvin? the officer you just identified with an arrow, is that the one you recognize as mr. chauvin >> yes, ma'am. >> there were two other officer s you described on top of him, is that right? >> yes, ma'am. >> and a fourth officer standing at the back of the truck, is that right >> yes, ma'am. >> if it's okay to you, i would like to play a little bit of this video. >> yes. >> are you ready for that? >> yes, ma'am.

this doesn't have audio but does that show you in the screen? >> yes, ma'am. >> at some point, do you step back in the frame? is that you walking off right there? >> yes, ma'am. >> we're going to fast forward a little bit during this time, you're watching what's going on, you're just not on the frame of this video, is that right >> yes, ma'am. >> moving forward to 8:21:30 we'll play a little back-to-back of this here. >> let him breathe at least, m man. >> do you see yourself back on the screen >> yes, ma'am. >> relax. >> i can't breathe

my face. i can't breathe. please, the knee on my neck. i can't breathe. >> get up and get in the car, man. >> i will. >> get up and get in the car. >> i can't move. >> i've been watching the whole thing. get up and get in the car. >> mama. mama i can't. >> you can't win you can't win, man. >> i'm through i'm through. >> you didn't listen. >> my stomach hurts. my neck hurts. everything hurts please, please i can't breathe, officer. >> his nose is bleeding.

come on now. >> look at his nose. >> your knee on his neck. >> you got your knee right on his neck. >> i cannot breathe. >> tough guy tough guy, huh tu guy not even resisting arrest, bro. >> stop it there, please someone in that clip says your knee on his neck, that's wrong, man, something like that was that you >> yes, ma'am. >> before that, there are some statements about you can't win, get up and get in the car. was that also you? >> yes, ma'am. >> again, is that what you were describing earlier, just trying to help with him could you describe what you were trying to do at that point >> basically what i'm saying, he can't win because like i said, once the police get the cuffs on you, you can't win so i'm trying to tell him just cooperate with him get up, if you can, get in the

car. go with them. >> and did he say i can't to you? >> yes, ma'am. >> did you understand him to be talking to you >> yes, ma'am. >> and when you were saying your knee on his neck, were you concerned in that moment >> yes, ma'am. >> and why was that? >> because he was saying, i can't breathe. my stomach hurt. he said things that made me believe he was in trouble. >> when you say in trouble, what do you mean by that? >> he's going to die. >> did you stay and i'm not going to keep playing this clip, you can take it down, but did you continue to watch what was going on >> yes, ma'am. >> and eventually did you see an

ambulance come >> yes, ma'am. >> at any point in time, did you see mr. chauvin or any of the officers give any medical attention, help give cpr, anything like that to mr. floyd? >> no, ma'am. >> and did you see mr. chauvin or any of the officers get off mr. floyd before the man's came? >> no, ma'am. >> and while you were watching that, did your concerns increase over time, the longer it went on >> yes, ma'am. >> and why was that? >> it grew because when the paramedics arrived for mr. floyd, i knew then in my mind and my instinct, it was over for

mr. floyd. he's dead. >> after the paramedics arrived and left the scene, did you have additional interaction with mr. chauvin? >> yes, i did. >> and prior to today, did we show you video clips of that interaction? >> yes, you did. >> and we marked those clips as exhibits 40 and 41 reviewing those two clips did they fairly and accurately show your interaction with mr. chauvin on may 25th, that date >> yes, they did. >> i offer exhibits 40 and 41. >> 40 and 41 i already received. >> your honor i would ask to

publish exhibit 40 and before we press play, one of these videos, exhibit 40, contains a composite, a video showing you as well as mr. chauvin's perspective from his body camera is that right? >> yes. >> all right let's play exhibit 40. and is that you walking down the street >> yes, ma'am. >> i know you. >> you know me. >> two weeks ago. >> yeah. i said get your foot off his

ne neck. >> so that can be -- we can pause it right there but that can be difficult to hear what was it that you were saying to mr. chauvin at that time? >> i can't recall, but in my mind i said to mr. chauvin, i think it was like five days ago, not for sure i know in my mind what i said to him. i think i said five days ago i told you the other day go home to your family safe, but the dead guy look at you as a maggot. >> okay. and so your interaction continued with him in these two -- over these two clips, is that right did he move his car at some point? >> that clip or another clip, yes, he did.

>> did you also have another conversation with him as well? >> i think so. >> and, initially, did you remark about his foot on his neck or something to that effect >> i can't recall. >> okay. but if it's there, it would be in the video >> yes, ma'am. >> some of these can be difficult to hear. can we put up exhibit 41, please >> can you advise, if still with you, they need to -- >> that's one person's opinion. >> no, no. >> to control this guy, because he's a sizeable guy. >> and get in the car. >> probably on something. >> i'm just saying, you know, you disrespect me, i'm going to d disrespect you you have a good night. you go home safe fo your family and let me do the same. >> there's a voice that's heard. there are two voices

which voice is yours >> the one when i told him i'm going to respect him at the end of the night, you go to your home family safe and i'll go home to my family safe. >> whose voice is the other voice? >> mr. chauvin. >> one was saying something to the respect of i don't respect what you did was that your voice or mr. chauvin's voice? >> my voice. >> was mr. chauvin's voice the other voice on that? >> yes. >> and what were you trying to do at that point in time when you were talking to mr. chauvin, why did you feel the need to talk to mr. chauvin? >> because what i watched was wrong. >> did you feel it was important to tell him that >> yes, ma'am. >> mr. nelson?

you are watching a sidebar moment there before the defense decides whether or not to re-examine, or examine, or cross examine charles mcmillan he just finished his testimony with the prosecution, very compelling to what he saw that day regarding george floyd and derek chauvin. meagan fitzgerald is outside the courthouse for us, joyce vance, former attorney and msnbc

contributor and host of cross conviction an emotional one that had to see a break. sorry, joyce, we'll have to jump in i apologize. i'm so sorry let's cross back into the courtroom. >> you may step down if you can take the bottle of water with you, that would be great. >> we're done? >> we're done. thank you for coming in. sidebar? >> joyce, i'm going to let you finish that. to tell our viewers what they saw there charles mcmillan has been dismissed and the defense decided not to cross examine him. i'll let you finish your

thoughts in evaluating this witness. >> mr. mcmillan was an incredibly credible witness, explaining conversations he had with george floyd and former officer chauvin. if i was the defense lawyer in this case, i would not have cross examined him he would only have done more damage to the defense, the kind of damage they took on cross examination from witnesses yesterday. apparently, they saw that, too and after conferring, they made a decision that they would not ask any questions of him. >> all right tiffany, your thoughts on what we saw play out with mr. mcmillan there very emotional testimony, having to relive that video one more time interestingly, he was one of the few people who had that engagement with the officers. >> ladies and gentlemen of the jury, counsel are going to confer on some of the ways we can streamline on the testimony coming up. it will be a productive break for them take 20 minutes.

we'll see you back here roughly around 2:40. thank you. >> all right so we have a 20-minute break until that trial resumes again tiffany, your thoughts on mr. mcmillan and his testimony >> you know, i have to say, ayman, it was very emotional i was emotional watching it. what i saw from him and heard from him was fear. and that fear is very intentional. i think we have to look at this trial in the context of american history and know that white supremacy was heavily populated in law enforcement in the early part of the century, because there was so much violence and vigilante violence in black communities, much like we see here and it got to the point where they had to have commissions and say it was okay to beat a black person it was okay to shoot a black person it was okay to kill a black person but you had to be wearing a badge while you did t when you saw mr. mcmillan pleading with jrge floyd to get up and get in

the car, it was not to indicate that mr. floyd did something wrong. it was out of fear it was out of saving his life. he wanted this man to be able to go home to his family and he, himself, wanted to go home to his family even though he just saw this officer kill somebody, his fear led him to say, hey, you and i don't have a problem i saw what happened. i want to go home to my family i want you to go home to your family this was not excusing law enforcement officer's behavior, it was out of fear and that fear is very intentional. so it's been heartbreaking to see this again, i think it's important that we remember that these incidents happen throughout american history there was no uptick in violence. it's just an uptick in recording this level of violence and murder and i have to tell you, ayman, it is emotionally draining to watch this trial and emotionally draining to have to talk about these types of incidents again and again and again and again.

>> megan, i'm not sure you can hear me. i wanted to get your thoughts today. so much of the trial, at least in the beginning part of the day, revealed some interesting details that we hadn't seen before particularly from the clerk who was one of the first people to engage with mr. floyd on that fateful day with that $20 bill that has been a very important detail walk us through the early morning revelations that led up to that point and why that's an important development in this trial. >> reporter: ayman, as you said, this is the first time that the jurors and any of us, really, had an opportunity to see the moment that george floyd went inside cup foods the jurors are seeing this while christopher martin, the clerk, the 19-year-old clerk, who as you mentioned, sold the pack of cigarettes to george floyd, was testifying we're seeing george floyd seemingly part of the prosecution's plan tohumanize

george floyd, as we watch him mill around the store. this witness here, christopher martin, testifying that he had a conversation with george floyd and in that moment, he said he thought that george floyd was high it took him a little bit of time to answer his question, but i think what really stands out here is this idea that george floyd's friend earlier in the day tried to purchase an item inside this store with fake bills, with counterfeit bills. and christopher martin testified that he didn't sell it to him because it looked like he was scheming fast forward a little bit into the day when george floyd goes to make that purchase of that pack of cigarettes and christopher martin's testimony was that he didn't believe that george floyd knew that the money he was spending, that $20 bill, was fake he went ahead and sold it to him. it was only after george floyd left to go back into his vehicle that he thought maybe i should tell my manager about this, or else that was going to have to come out of his paycheck

his manager then told him and another employee to go out and try to get george floyd to come back into the store. there were two attempts made, and george floyd did not come back into the store. but another moment that really stands out is when this 19-year-old clerk goes outside after seeing the commotion, and there's video that captures the moment of him watching george floyd on the ground with chauvin's knee on his neck he has his hands behind his hand, martin does. he then goes on to explain to the prosecution that he felt disbelief and he felt guilty because seemingly that this all started because of this fake $20 bill and him having to have his colleague call police on george floyd. ayman? >> one of the more powerful moments earlier today. we have a lot more analysis coming upafter this break. we're also going to touch base on another story president biden just

touching down in pittsburgh, pennsylvania a quick update in that story in the 20-minute break we have before the trial resumes don't go anywhere. keeping your oysters business growing has you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo [♪♪] when you have diabetes, managing your blood sugar is crucial. try boost glucose control. the patented blend is clinically shown to help manage blood sugar levels. boost glucose control products contain high quality protein and key nutrients to support immune health.

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we are following more breaking news this hour. right now, president biden just arriving in pittsburgh, pennsylvania, to lay out his ambitious effort to rebuild the economy. an hour from now, he will lay out a $2 trillion plan to fix the nation's crumbling fran structure to be paid for by an

increase in taxes. brian deese talked about why this is needed on cnbc this morning. watch. i apologize. we don't have that sound bite. we'll bring that back to you once we get that up. let's bring into the conversation nbc news correspondent monica alba in pittsburgh, traveling with the president. brian deese saying this plan is big and ambitious. talk about how big and ambitious it will be and whether or not it's likely to get some support. >> reporter: bigger, ayman, than the initial $1.9 trillion covid relief bill that was passed. the first few months of his station were about relief and rescue for the american people, and now they are pivoting to the recovery phase that's what he hopes to really outline in his remarks he has just landed here in pittsburgh and is on his way to

this training center and campus where he will talk about infrastructure as we've come to know it rebuilding roads and rail, airports, all of those kinds of things. he's also going to talk about what he frames as the human infrastructure, and trying to improve things like child care, health care and why all of these things go together it is a giant price tag of more than $2 trillion and this is also going to be in a couple of different phases today is the initial one and the rest of the details will come, we expect, in a joint address to congress next month, ayman. what's critical to remember here is that in order to really do this spending over the next eight years or so, the biden administration will have to raise the corporate tax rate from 21% to 28%. and there's already stiff opposition to that and raising taxes from the gop but the biden white house still says they're going to try to approach this the way they did with the american rescue plan. which is they're going to try to

go for bipartisanship because they believe it's popular in polling across the country then if they can't get that, they are prepared to explore ways in which they can go alone, perhaps through that budget reconciliation process that's something that remains to be seen, whether they can do it on infrastructure. white house deputy press secretary jean-pierre on air force one, was pressed on how this president will try to garner any republican support. she said he will be inviting lawmakers to the white house, having meetings and negotiations with him but again they're going to frame this for being essential for the american people, whether republican lawmakers get on board with it or not, ayman. >> live for us in pittsburgh, pennsylvania, where we're waiting for the president to disembark off that plane 53 million americans are fully vaccinated, but worldwide

only about seven doses for every 100 people have been administered, according to "the new york times." the big challenge, of course, will be to vaccinate enough of the global population to prevent new variants and other major outbreaks. joining me now is democratic congressman of massachusetts, jake offenclaus. talk to us about that. what would a plan like that actually include >> we need global scale. we're on track to reach herd immunity by the summer but huge swaths of the world aren't on track to reach them until 2023 that's the tinder for more variants to take effect. one, it will prevent those variants from emerging we're dealing with the brazil

variant, for example wee don't want to see others coming two, it will create good jobs in manufacturing and, three, it's going to prevent china from using vaccine diplomacy to extract concessions in our own back wrard and developing countries throughout the world this is an opportunity for the united states to reclaim moral leadership after four years of deprivations under donald trump. >> live pictures of president biden arriving in pittsburgh, you probably saw this recent wall street journal op -ed that talked about how the focus right now should be on europe and the united states. they make up about 10% of the world's population, but make up about 40% of its covid cases in that argument, there should not be a rush, so to speak, to get the vaccines rolled out to other developing parts of the world like africa, south america and elsewhere. what would you say to that, to the argument that right now the focus on vaccine rollout should

be on europe and the united states >> united states needs to vaccinate its own population first. that's an obligation we have to our own citizens we are on track to do that the president has said by may we'll have enough vaccines for all adults by summertime we'll be hitting herd immunity. at that point, what do we do with excess surplus? if we see europe hat has the highest, then let's start with europe this say global problem that will require a global solution this is no other country except the united states that can lead here. >> you've seen russia and china both reached agreements with other countries to supply them with doses of the covid-19 v vaccines you talked a little bit about what this means for the united states as an opportunity to re-engage with the international community. elaborate on that. what would that do for the united states to step up alongside russia and china to make sure these chris have the vaccine? >> 21st century foreign policy

will be built on countries that can tackle transportation and public health. rejoining the paris agreement is an important way that mern america stepping up. to do so in public health we have to take the lead on this plan do we want china constructing highways in brazil or do we want united states to build partner capabilities in brazil in exchange for vaccines there? instead of having extracted relationship between the chinese communist party and chris on our border, we could have a relationship of partnership and productive exchange. >> congressman jake auchincloss, thank you for your time this afternoon. appreciate it. we'll have more with our panel as well as continued coravege of the derek chauvin trial next msnbc reports after the break.

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welcome back, everyone we are awaiting the resumption of the trial of derek chauvin in the death of george floyd. joining the conversation, brittany patnik cunningham, msnbc contributor and former member of president obama's 21st century policing task force. brittany i would like to begin with you and apologize in advance if i have to interrupt you to go back to the courtroom.

i see a theme emerging today, and that is to humanize george floyd. the defense that this was a dangerous man and dangerous situation. certainly everyone that we saw come from the stand from that supermarket or store have tried to paint a different demeanor of george floyd. >> isn't it something that we have to spend so much time in 2021 to humanize not the perpetrator of a crime but the victim of a murder humanizing has been the theme of the prosecution thus far because, unfortunately, it has to be. we've already heard the idea that an angry mob or angry person is what caused derek chauvin, with all his training and the oath that he swore to act outside of himself or even

in the idea of what he was trained to do. we should be dealing with the fact and reckoning with the fact that that humanization has to be happening at all the theater of the courtroom continues to wreak havoc and cause violence and trauma for black communities and the reminder that we have to be humanized even when we are the ones who were murdered, that reminder is another form of trauma. >> i made this point earlier i notice that a lot of the witnesses brittany talked about the guilt, about the different things they could have all done, if they would not have called the police, if they would have put the $20 bill on their own tab, if they could have done more to prevent this and yet at the end of the day, it was only one officer's knee who was on the neck of george floyd for those 9:29 and nobody else should feel guilty about that. >> well, there are a couple of other people who should feel

guilty about it. it was the other officers who allowed derek chauvin to continue to do what he was doing. you are correct once again the people who are suffering from this consistent trauma and this repeated violence are the very people who were trying to figure out how to protect george fl floyd. but, unfortunately, there was little way that they could protect george floyd other than what they already did and actually go home to see their own families why? because blackness is weaponized in america they knew if they had physically intervened that they, too, could have met the same fate that, unfortunately, george floyd did. we are talking about people who have the utmost training, who get budgets that are grown over year after year, who increase the investment of that training, who are sworn to serve and protect our communities. those people should be held to the very highest standards, not civilians, teenagers, children who are walking by, going about their day. the fact that we are asking more of civilians, many of them black

themselves, than we are asking of police officers who are armed and dangerous in our communities tells us everything we need to know. >> joyce, quick question to you before we go back to the trial so far, day three of the testimony, day 15 of the trial, has the prosecution, so far in your assessment, created enough of an impression that what we witnessed by the police was alarming by anyone who was witnessing what was happening? from that 911 operator who watched it on that closed circuit security footage to the eyewitnesses who called the police on the police have they done enough so far to let everyone know that this was not a normal arresting procedure? >> this evidence is coming in, in a very compelling fashion and i'm forced to reflect on all of the people, like george floyd, who have experienced

violence where the prosecution didn't get the breaks that the prosecution has in this case they had an emt as a bystander they had a mixed martial arts fighter as a bystander they had mr. mcmillan who eloquently spoke about what led to the circumstances of mr. floyd's murder and so there's not really better evidence that you could ask for as prosecution in this part of the trial. what's coming, though, will be the fight over causation and this is where the defense will try to create reasonable doubt by talking about what led to mr. floyd's death because the evidence has come in the way it has come in, because the jury has seen the video, i think the defense has its work cut out for it and i'm beginning to feel cautiously optimistic that there will be a conviction in this case. >> megan, as much as you can, i know this is kind of always difficult to anticipate where the trial goes next.

what can you tell us about what is slated for rest of the day and the days ahead >> you know, ayman, unfortunately they're not putting forward who they're going to be hearing from, but we do know that at some point the prosecution is going to call the police chief, the minneapolis police chief who is going to take the stand but what we've seen over the last several days of testimony is that it becomes just even more emotional for these witnesses that take the stand. and then today, for the first time, we had an opportunity to kind of see an inside look at the toll that it's taking on at least one juror. it was just this morning when they showed that video inside cup foods that one of the jurors closest to the wall there tried to wave her hand to get the attention of the court, seemingly having to step out we now know that there was a stress-related incident with this juror the judge asking her if she's okay she said she's shaky, but thinks she's going to be okay and she hasn't slept since 2:00 a.m.

so certainly an idea, a glimpse into what this trial is like for at least one juror ayman? >> meagan fitzgerald, joyce vance, brittany packnett cunningham, stay with us we do want to pivot as we watch the situation in minneapolis, we want to look at a court proceeding taking place in michigan where a judge has ordered three men to stand trial in the alleged kidnapping plot against governor gretchen witmer last year. the attorney general of michigan, dana nessle. thank you for your time. i want to begin with the latest in this alleged kidnapping plot and the upcoming trial what more can you tell us about it >> well, you know, the state has charged eight people in regard to this event. there are another six people charged by federal authorities we've had preliminary examinations for three of these men. they have been bound over to trial on a number of charges

there will be another five defendants that go to preliminary exam in another county. >> what is the allegation specifically in terms of the extent of the plot that you have documented that you're going to make the case for? >> the allegations are that there was a concerted plot to kidnap and later to execute the governor and that there were a number of people involved and associated in this effort and that they engaged in domestic terrorist-like activity. they provided material support for a terrorist act. they engaged in gang-related activities and that they used firearms illegally to do so. there are a number of different counts against a number of different actors we feel comfortable and confident in our case. >> you recently testified, madam attorney general, before a congressional panel that michigan's laws may provide a model for changes that need to

be made on the federal level to address the rise of domestic extremism. what r are the most federal steps that you believe the government needs it take on? >> honestly, what we knee to be the case is that domestic terrorism actually poses a much greater threat to our nation now than international or foreign terrorism. we simply don't have the lawson the book to address it in michigan, we do, fortunately. we passed the michigan anti-terrorism act there are a number of components there that allow us to aggressively pursue those that seek to do harm to the united states government or government officials, or to engage in terrorist-like activity that is home grown here in our backyard. the federal authorities simply don't have the same authority to do that because they don't have domestic terrorism laws like we do here in this state. and i think that the nation needs to emulate what we have

here in michigan that allows us to pursue these types of activities bypassing something federally. >> you probably have also seen michigan congresswoman slotkin saying she's weighing whether the u.s. needs a domestic terrorism czar are you at all concerned that perhaps having these types of laws and a domestic terrorism czar might be rubbing up against civil liberties that are on the borderline of free speech, someone talking about doing something to the government is different than somebody actually doing something against the government. >> so i absolutely believe we have to have a measured approach we have a very large arab population here in michigan, in the metro detroit area what we saw post 9/11 were abuses by the federal government, and a lot of people who had nothing to do with terrific activity that were harassed by the government so we don't want to see that

again for sure we sure have to do something we have a problem here in michigan and across the united states with domestic terrorism the threat is real it's legitimate. and we are facing a lot of potentially very serious, catastrophic acts if we don't do something. i agree with congresswoman slotkin we to do something, put morme funding into this and we have to have more personnel. states like mine, we need more resources to be able to take care of the problem we have here in or state and states across the united states. >> michigan attorney general, thank you for your time. greatly appreciate it. >> thanks for having me. >> my pleasure. >> we're waiting for day three trial to resume in minneapolis meantime, next, new video if inside a border processing facility in texas. we'll take you thereiv le, right

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nbc news has learned the biden administration must decide by friday if it will disclose documents related to the trump administration's zero tolerance policy separating thousands of migrant children from the parents. it comes as the administration continues to face a growing challenge on the border. as of monday there were more than 17,000 uncompanied minors in hhs and customs border protection custody and yesterday the administration granted access to journalists in texas to a facility with capacity of 250 and housing 4,000, 3,000 of them children. joining me now from texas nbc news reporter da sha burns. what do we know about the fact it is holding so many people >> reporter: we have been standing out here reporting on what we have been hearing about

the conditions inside for weeks now but to actually see what that overcrowding looks like, to really understand what way over capacity means was striking. because you could see in that footage children packed in to plastic partitions, sleeping shoulder to shoulder on floor mats and then fants, the toddlers too dangerous to sleep in the pods so crowded so they sleep in playpens on the floor and this issomething we have been saying for week that is the images underscore. this is not a facility meant for children kids are not supposed to be in custody. the legal limit is 72 hours but at least 2,000 kids in this facility over that legal limit and what we heard from the border patrol agent there is that this is not what they were expecting. he said i'm a border patrol agent. i cannot sign up for this. i want you to hear from the

agent that gave the tour on the challenges here. >> hhs does not have the adequate beds to be able to take on all of these kids there's a reason that we're continuing to see an increase in numbers. probably 39 kids here over 15 days why that -- why that number is so high or why they have been here for 15 days or more it's out of my hands i don't have control. >> reporter: and even as we have been standing here we have seen buses with more families with more children coming in to this facility and that's where the bottleneck is seeing this influx but health and human services the agency that should be taking custody of these kids do have facilities appropriate for children where they can have access to educational materials, toys the things that kids need, they are scrambling to stand up

facilities to get the extra beds but not keeping pace with the numbers right now. >> dasha burns live for us in texas, thank you. let's cross back over to minneapolis and a new witness called to the stand as the trial resumes. jack rupert. >> can i take this off >> please. >> thank you >> thank you, your honor good afternoon is it officer ruble? >> lieutenant. >> what law enforcement agency are you with >> minneapolis police department. >> how long have you been employed by the minneapolis police department? >> just under 32 years >> you indicated that you are a lieutenant how long have you held this rank >> since 2000. >> before you talk a little bit about yourself, you understand that you have been called here as a foundation witness? >> yes, sir. >> your personal involvement in this case is somewhat limited and we're going to be offering various video evidence through

you. do you understand that >> yes. >> all right and so, what are your present duties with the minneapolis police department, lieutenant? >> i manage the police business technology unit. >> and what is that? >> myself and my staff basically manage the technology equipment, software, systems that officers use on patrol and investigations, anywhere they're doing their job. >> tell the jury a little bit about some of these systems and software and tools that you use. >> for example, we have a records management system where all of the police reports are kept and so, my staff manages that system with a software vendor. we use surveillance video, for example, cameras around the city manage accounts for that advise on where cameras should be and make sure the system is working. the city uses body cameras for patrol officers and

investigators. we manage that program and the video storage through a cloud based h based vendor and the policies are through my staff. >> fair 0 to say as a police department the department generates a lot of data? >> very much, yes. >> both written documents, video, audio and all of these things need to be collected and stored and be able to be retrieved in a way that can be associated with a case number. is that right? >> correct. >> before stepping into the business technology unit, i'd like you to share with the jury a little bit about your career at the minneapolis police department why when did you begin? >> i started in 1989 as a patrol officer. worked as a patrol officer for several years. was promoted to sergeant and worked as an investigator doing gang cases, gun trafficking and narcotics. was promoted to lieutenant in 2000 and as a lieutenant i've served as a patrol lieutenant supper

vising a shift of officers on the street at a couple of postings. served in this business technologyjob and i also was the manager of our tra teenlgic information center for eight years. >> and i'd like to for purposes of starting here focus on that assignment with the strategic information center so could you please describe for the jury what the strategic information center is? >> it's what we call the realtime crime center. so it's a facility where both sworn law enforcement officers and nonsworn analysts work doing -- i mean, monitoring the police radio, cameras, they're looking at calls for service and looking for ways to assist patrol officers in their job so that could be anything from hearing that a patrol officer is on the way to an address on a particularly high priority call,

looking up the history of that address and send information to an officer so they know more about it before they arrive and do a lot of assistance to investigations, looking for link and sis, trying to find suspects based on nicknames, all sorts of stuff but they do that seven days a week, 20 hours a day. >> fair to say like any other business things have changed a lot since 1989 when you started in law enforcement >> quite a bit. >> we have much more sophisticated surveillance tools and data storage tools is that right? >> yes. >> when did the strategic information center open? >> october of 2010. >> what was your involvement in the strategic information center >> i was on the design team that configured the way it was going to work. i was the initial and first manager of the center so i wrote the standard operating procedures, the policies sort of created it from the

ground up. along with some supervisors that worked for me. >> and you served to manage that center until when? >> april of 2018 >> and that's when you began your position with the business technology unit? >> yes. >> okay. within the strategic information center what i'd like you to focus on for the jury is the availability of surveillance video. throughout the city. can you talk a little bit about that >> so the city has a network of public safety cameras that are placed at strategic locations all over the city. there's roughly 250, maybe a little more than that now. typically in high traffic or areas where we expect to see a lot of activity. those are cameras are on 24/7. they're recorded all the time. and they can be monitored both at the strategic information center and from