only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ ♪ it's grilled cheese time. ♪ ♪ yeah, it's time for grilled cheese. ♪ ♪ after we make grilled cheese, ♪ ♪ then we're eating grilled cheese. ♪ ♪ because it's time. ♪ ♪ yeah. ♪ ♪ time for grilled cheese. ♪ i'm hallie jackson live on capitol hill. we have new details on what is in that speech which will include a nearly $2 trillion plan focusing on families. we're talking about free pre-k and community college. in the wake of the derek chauvin verdict, a major focus on racial justice and police reform. we're following new developments

on two deadly police confrontations. right now in north carolina a hearing on whether or not to release body cam video in the death of andrew brown. that is happening live as we speak. new body cam footage also in the bay area where the family of mario gonzalez is demanding answering. welcome to our special coverage ahead of president bide's address to a joint session of congress tonight. it is basically the back or the front yard of the capitol. it's where the president will be later on tonight. garrett haake here with me as well. i'm also joined by kristin welker. there will be an ambitious proposal called the american families plan. he will pivot to the current covid crisis and other priorities. there will also be history in the making.

vice president harris and house speaker nancy pelosi will be sitting behind the president, and that is the first time they're featuring two women there. first i want to go to shannon pettypiece. what are you hearing from your sources at the white house about what the president might try to do tonight to sell his plan to the american people? this is going to put pressure on the audience. you mentioned the american families plan. that will be a big focus. a $1.8 trillion price tag that includes free pre-k. free community college for everyone regardless of income. it extends the child tax credit and set up a plan, a paid leave plan for families that could get up to $4,000 a month for three months. and it taps the amount they have

to pay for childcare to 7%. the next big question is how is this all going to be paid for? they talk about increasing the tax on the wealthiest americans. raising that top tax bracket and include higher taxes on capitol capital gains. i know republicans have a trouble with price hike on anything. >> garrett, that seems like it would be a difficult question, but the way you're seeing republican opposition build it may be clear what direction some of this is heading in. >> i think although chuck schumer doesn't want to commit to going one way or the other, every day it looks more likely that either of these big plans have to pass through budget reconciliation. >> which, just to explain. >> that's the 50 vote threat hold that democrats can do

things that involve spending money with just 50 votes. >> but they would need all of the democrats to get on board with that. up until now it's been only joe manchin saying we're going to throw our weight around. there is 49 others saying they'll vote for it. so there is a very small margin for error. >> you'll be at the capitol tonight when the president drivers this address, it will not look like a state of the union like we have ever seen. it's not technically a state of the union, but even the room. the pomp and circumstance that you're used to seeing, very different. >> yes, about 10% of the capacity will be used with people in the room. just a few dozen lawmakers from both parties in the room. not the typical guests, the folks that stand up and waive. the first lady and the second

gentleman are the only guests involved, but not a middle class family that benefits from plan x able to stand up and wave to the audience. have you heard from democrats or republicans you're talking to about their expectations from the speech? what they want to hear and who is planning on being here? >> i think one of the things that have been interesting is we have been hearing that police reform will be a more significant part of the speech than we thought before. >> significant because he has been someone that has been critical in some of the reform efforts that have been pushed? >> absolute he is the republican pushing. and he is supposed to give the opposition peach at the end of this, so it is sort of his style, if you will. he will not go after the president on personal terms.

he is trying to paint what a conservative counter offer could look like, but he is right in the middle of this contentious negotiation. so what role he decides to play will be very interesting. >> nice to see you here in washington. good to be outside of the chamber for once. we have more, of course, covering the president's speech tonight. as we mentioned racial justice and police refort a big part of it. we're also watching two high pro file stories. right now in elizabeth city there is a hearing that involves whether or not to release body cam footage. then in the bay area you have one family calling for justice after 26-year-old mario gonzalez died while being restrained by police in alameda. let me start in elizabeth city where katie beck is.

what do we know about what is happening in the courtroom behind you there. we're not able to bring our cameras in to show the developments, but it could be very significant and a case that has a lot of elements on it right now. >> that's right, hallie. we will be able, at some point, to have video of what transpires in that courtroom. today is the one week anniversary since the killing of andrew brown. the judge will hear petitions on releasing that body cam footage. that has been a source of tension here, a source of mounting pressure in the community. calls for accountability for police has grown louder and louder over the course of the week. the judge will make a determination if an or all of that will be released to the public. so far the family and the attorneys of andrew brown have been able to view it.

at this point they are very eager to see what proceeded his death. what transpired between law enforcement and andrew brown, and the mechanics. north carolina law does not permit law enforcement to unilaterally release this video. they have a provision to put in place that require it's to go to a judge which is what we're seeing happen here today. this conversation with the judge, this hearing, should have been happening days ago. and at the pain of this community, people have been waiting and calling for that video to be released. so we should know within the hour what the decision is on that. catie, thank you, let me turn to jake ward. talk to me about the new footage just released there and what the family of mario gonzalez and police are saying about it. >> we have now seen the footage

of mario gonzalez. the 26-year-old had been called in by 911 as behaving in a disoriented manner on a residential street in alameda. and when police arrive they seem to engage him in a bit of conversation. within a few minutes they had hands on him. they tell him not to resist, and they put him down in a residential yard. he becomes nonresponsive and you can hear in the footage officers who do not draw any weapons, go go from a simple conversation to a hands on confrontation very quickly, they say make sure not to put pressure on his chest. they talk about rolling him over and then they're applying cpr when he becomes unresponsiveunr. first, this is the brother of mar owe gonzalez from the

interim chief in response to this incident, have a listen. >> i believe there has been accusations that there was pressure on mr. gonzalez's neck. i didn't see that, but i want the entire information to be born out before we make those kind of pronouncements. >> there are two parallel investigations taking place here. there s a ground breaking response. in this case this is a man with bottles of liquor, and it's not clear yet why those services were not brought out and why two officers respond instead.

at this point the mother of mario gonzalez is saying in a statement there is another way to deal with this, they did not have to kill my son. >> jake ward, live for us there in north carolina. thank you to you both. a lot to get to here on this show. for the first time now today we're hearing what happened inside the deliberations of the derek chauvin jury. talking a craig melvin about that process. craig will join us with his must see interview in just a moment. as president biden is calling on congress tonight to pass his families plan, we're talking with a congressman that is pushing for universal child care and whether or not the president's plan for that goes far enough. we have more on this special edition of "hallie jackson reports." reports.

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this morning just in the last hour or so we are getting our first look inside jury deliberations for the derek chauvin trial. you see mitchell on screen saying he felt a sense of civic duty to deliver the right outcome. >> we put our families, our jobs, and our days aside to serve justice. that's what the jury system is there for. >> craig melvin is joining us now. what a fascinating interview. our first peak behind the curtis on curtains. >> yeah, he is the first juror

to speak out since that guilty verdict. those guilty verdicts were handed down last week, and it was fascinating to hear him talk about the dynamics in that jury room. he said by and large all 12 jurors were pretty much on the same page with the exception of one. he didn't describe them as a hold out, said this juror wanted to make sure that all of the is has been dots and all of the ts had been crossed. he said they spent a fair amount of time on the language that the judge used in the jury instructions. they made sure they understood the instructions very well. he also said and we just showed a picture of dr. tobin there who is specializing in the mechanics of breathing. he said that dr. tobin was the most impactful of the evidence.

you probably remember that point where dr. tobin turned to the jurors and told them to feel their throats. one of the most surprising things that he said was that essentially he thought they probably could have come back even sooner than they did with the guilty verdict, take a listen. >> i think it should have been quicker. >> why do you think it should have been faster. >> i just thought the evidence was overwhelming. all of the time. >> what do you think he should get? >> we came up with the verdict,

we came up with the right verdict and it's time for the judge to do what he does. >> there is a fair amount of discussion about whether or not this jury was affected by the news cycle. of course the president weighing in before the verdict coming down. brandon mitchell saying they were not affected by that and they had not heard any of that. >> it is interesting i was going to ask you about forest what i found so interesting is they tried to keep that as separate as they could. really removed from that as much as possible throughout the deliberations. the president on the united states talking about this after

the jury was sequestered. >> they were acutely aware. according to this particular juror they were aware of it and not affected by it if that makes sense. >> we're going to see you later on at 11:00 eastern. and craig, thank you, you'll be coming down to our neck of the woods. a big exclusive. you'll see portions of that interview on the nightly news, and of course here on msnbc. we're excited to see that between craig and the president. can a school punish your kids for something they say off campus even if it is on social media? that's what the supreme court is taking up right now. and police reform front and

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you didn't know you were waiting for. let's get it... together. so we can be together. let's get to immunity. now's your moment to get vaccinated. not far from where we're standing i can see the supreme court out of the corner of my eye. they will hear a pretty important case that involves a student, snap chat, and a school. a girl was suspended from the cheerleading squad after she went online to express her

opinion. >> the school took issue with the language that she used in that post. pete williams is watching this for us. >> the court long said that students do have some free speech rights at school but they can be punished if what they say is substantially disruptive and that is really the question here. does that same rule apply to speech that comes from outside of the classroom. the school says that these days all sorts of students expression comes from outside of the classroom because students are constantly communicating with each other. but what brandi and her father say is that the schools can't

patrol speech that is off campus. that's the essence of the question. the supreme court's case came from 1969 where students were punished for wearing black arm bands to protest the vietnam war. and the supreme court said they can be punished only if it is substantially disruptive and the wearing of arm bands are not. so there is two ways brandi can win this case. they can say no, the schools can't patrol off campus speech. or they could say as crude as it was, it was not disruptive enough. >> pete williams there in the washington news room. hours from now here at the capital the president is set to roll out his next package.

it focuses on education and child care and here is what it includes. free universal pre school. it would accomplish a national paid leave program. extend the child tax credit for five years and make sure that low and middle income families do not propose more. people that make more than 400,000 a year, investors, big corporations, and republicans you're seeing it more and more opposing this saying the plan is just too big. a progressive democrat is encouraging the white house to go even bigger. i'm joined by one of those democrats live here in the capitol. congressman jones, thank you for being with us. bear with us, they're fixing some of the lights in advance of the speech tonight. a lot of construction behind us but we're all going to power through. let's talk about this plan here. you have been working with

senator warren and others on issues related to families. do you think this is a good starting point? and where does it fall short? >> it is certainly a good starting point. i stood here with senator warren and we introduced the universal child care and early learning act. it would cap the annual cost of household income and for families at or below 200% of the federal poverty line childcare would be free. so many people are living in childcare deserts and so many that don't have the ability to afford childcare. when daycare was too expensive my grandmother would take me to work with her to clean homes. what we want to see, what progressives and people beyond

progressives want to see is a ramping up of investment. >> there is a couple pieces to this. one of them is when you're talking about going bigger, right? going bigger than the president has, there are many republicans that say it is already too big, already big enough. do you think you could get members of the g.o.p. on board with your plan? >> they thought the american rescue plan was too big and it was popular to 80% of support among the american electorate at the time we passed it. >> so you drawing the distinction between lawmakers and republicans out in america. >> yes, unfortunately that is what we have to look to because we don't have enough republicans in the house and senate that will engage in good faith such that we can reasonably expect them to come on and overcome the filibuster that exists right now. i expect to do this through reconciliation. >> it's not just negotiation with republicans but in your own

party, too. where do talks with the white house stand as of this morning prepare you making progress? do you anticipate more happening after the speech? >> the great thing about separate branchs of government is that we have a say in what makes it on to congress. we're going to to have a discussion about child care as part of a hearing and i'm looking forward to that discussion. >> which, to me, seems like a polite way of saying when you talk about improving on a proposal let me ask where are you in there? >> i don't want to get out ahead of myself. i think there is an open mindedness. people are going to see the revenue raisers.

and doubling nearly the capital gains tax. or at least getting us closer in that direction, we should do more and indeed senator warren's proposal and my own would institute a wealth tax that more than provides funding requires to fund childcare and early learning in this country. >> we have reported on this issue, there are some democrats that want to see the democrats go further with the child care tax credit. as of late last night cowhite house -- white house officials seems inclined to do that. >> this is not a progressive issue. this is a progressive and moderate issue. we have more conservative member that's think that the child tax credit which recently will be having child poverty by cutting

it by 50% -- >> that's what the estimates say. >> absolutely we have expanded it, we made a cash advance, fully refundable. people will start getting their checks in and around the month of july. we should not be in the business of this congress or any future congress of having to reauthorize programs that are cutting child poverty in half. we need to fully end child poverty in this country and we need to go further than what the child tax credit did. >> quickly coming back, you said you want to use reconciliation to get some of this through. is it your consideration that you have enough support for. >> i think you will continue to see house democrats do what they need to do in the interest of the american people. there is an appetite to do that. >> less outside of the senate. >> there may be some challenges in the senate, but you know, i

think as people who have not yet read the tea leaves continue to understand that there is no effort on the part of the republican colleagues to engage in good faith, you will see people move closer to the idea of doing this through reconciliation like we did with the american rescue plan. >> i want to touch quickly on police reform. that we know based on reporting will be a big part of president biden's address to the nation. i spoke with a white house official with this recently and they promised to have the white house police commission. they backed away because they want the george floyd policing act. how do you rate his first 100 days on this issue. >> we must pass the george floyd politicaling act uncompromised. it is ending systemic racism. it is not by any stretch a

panacea, but it is a watershed moment and i'm happy to hear that congresswoman karen bass and senator tim scott are talking about how to move this forward in the senate on a bipartisan basis. but make no mistake, we should not be watering down the george floyd citizen and policing act if we can pass it through a reformation of the jim crowe relic of a filibuster in the united states. they now need to make sure that they deliver for those community that's have born the brunt of systemic racism and policing. >> congressman, we'll have to leave it there. it's lovely to see you outside on a day like today. thank you for joining us onset. coming up here on the show, the new outdoor mask guidance. what you need to know, whether you're vaccinated or not, and what dr. anthony fauci is

telling msnbc about it. and here is the president's first address to congress as we look down memory lane at speeches past. >> i'm here to deliver a message of unity and strength and it is deeply delivered from my heart. deeply delivered from my heart feeling sluggish or weighed down? it could be a sign that your digestive system isn't working at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic metamucil. support your daily digestive health. and try metamucil fiber thins. a great tasting and easy way to start your day.

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no decision yet, are we talking minutes or hours? >> i think minutes is reasonable, but we just heard from the county tour that just spoke about the preservation of evidence and the importance of how this body camera footage is released in terms of the off going investigation. he is asking them to with old the release of that body camera footage. that is what he is asking the judge to do. the judge indicated that he already viewed that footage and he know what's is on it. the state bureau of investigation is the holder of that video as part of their investigation. the judge had an opportunity to view it and knows what is on it. he did not say whether or not he will honor that request. but as i said we should know in

minutes an answer to that question. >> come back to us if there is a decision. thank you. turning now to the fight against covid. dr. anthony fauci using new mask giant to go out and get vaccinated. >> the risk of getting infekted if you're vaccinated and outdoors it is extremely low. you are could be out there just enjoying the environment which is really a big plus in getting people to get vaccinated. >> again, if you do, the cdc says you can go back to nearly all of your prepandemic outdoor action including maybe anchoring a show for msnbc. this is a big step, right?

talk about how this is being perceived. >> if you look at their graphic, it's a long collar coded risk. if you have, have not been vaccinated. here is the bottom line. if you have been vaccinated you can do everything outside that you were doing before the pandemic. you can walk the doog. you can go for a run, you can eat outside like they do here on the street here without the mask. if you have not yet been vaccinated, if you have not been vaccinated you can still go out and do everything but if you sit down and eat outside they urge the mask. and they are urging everyone regardless of vaccination status for your own protection and other they're encouraging mask

wearing. if it is indoor public event, wear your mask there as well. it is really pretty encouraging development, hallie. >> that's what we heard so much from dr. fauci that also weighed in on that pod cast with joe rogen. thank you for your time. thank you for joining us this morning. we're taking you around the country next to hear from voters that flipped blue. how do they feel the commander and chief is doing 100 days into his presidency? as we flash wac to speeches past, a look back at former president obama's first address to both houses of congress 12 years ago.

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biden first speech to congress. i have been out on assignment as you may have noticed, talking to voters to gauge their opinion on how the president is do. we want today look at people new to the democratic fold. people that voted republican in 2016, but flipped in 2020. we are hearing hesitancy from some, but overall praise for the president's personality. >> lifelong republican sandy orf voted for trump in 2016. >> there was no way i could vote for trump again. >> i really feel that joe biden had the temperament to help heal our country. >> how do you feel about him

now? >> i think he is trying very, very hard to unite the country. >> is there anything of the last 100 days of president biden that you have discomfort with? >> the situation at the border. he he just hasn't come up with the right solution to the problem yet. >> her view of the president, high marks on unity, hesitation on immigration, reflects how many americans feel 100 days in. our new nbc news polling shows seven in ten voters approve of how president biden is handling the pandemic and more than half say he is doing well on the economy and uniting the country. but only about three in ten voters approve of his work on immigration, with a record number of unaccompanied migrant children crossing the border, an issue relevant in arizona, a state that flipped blue in 2020, partly because of voters in maricopa county. >> i was probably build the wall

guy. that's obviously not been the answer. has it? >> larry lives there and had never voted for a democrat for president until november. >> i think biden is right in there trying to face this problem. and work with it. >> for joy, in oklahoma city, the president's pledge on refugees was partly why she voted for him after reluctantly backing donald trump four years earlier. did the trump presidency galvanize you to be more politically aware and politically involved? >> yeah. that's fair to say. >> last week, president biden first backtracked on a promise to raise the refugee limit, then after backlash, reconsidered. >> i do think we saw that we needed to keep the pressure up to ask him to keep his word and to keep his campaign promises when it comes to refugee resettlement. >> what scorecard would you give him? >> humanity had come back to the office of the president. >> again and again, new democratic voters like these cited president biden's

temperament as a big reason why they feel confident in his first 100 days. for a president who pledged unity -- >> turn division into unity. >> that is proving elusive. the mother/daughter joined our town hall in miami before the election. one voted for biden, the other did not. we checked back in with them. when you have aoc saying that he has exceeded her expectations, that makes me shudder. >> i think biden is doing a great job of bringing the drama down. >> a divided family reflecting a divided nation, with many still hoping for healing. >> i'm not convinced that it's impossible. but it's going to take time. it's going to take more time than 100 days. >> that's probably right. that 100 day mark hours away, a couple big things that will take time to get done. not just passing the $2 trillion

jobs plan but the american families plan we have been talking about, that investment in education and childcare. chris, good morning. it's good to see you on a windy morning in dallas. let me ask you, one of the guiding principles to understand the president's first 100 days, he is going big with the economic proposals. what did voters tell you about that? >> reporter: it's interesting. the challenge tonight is convincing the american people that going big is worth the billing price tag. i sat down with four voters, two republicans, two democrats, all part of our poll that we have been rolling out this week. the big question from skeptics was, how are we going to pay for it? take a listen. >> the government has one source of income. that's taxes. all of our roads need to be fixed. yes, infrastructure is highly

important. where does the money come from? >> if we all wave or flags and say how much we love this place, part of it is paying for stuff, which is sometimes voting yourself higher taxes. >> i think it makes sense. people say -- mostly agree, people have to pay their fair share. >> i don't have a problem with the rich getting richer. when the rich get richer, they take that money and invest it and give jobs. it used to be trickle down economics. >> reporter: it was largely discounted after the reagan era. >> maybe so. i have my job because of people having money. >> reporter: what do you think about a major initial identify -- initiative like the jobs plan? >> we can be better. >> reporter: it tells you about this divide. 59% like the plan. 44% like his taxes plan.

they need those taxes to pay for a lot of the go big plans. the sell job becomes critical tonight. back here on capitol hill, you have a senate confirmation hearing. we will have details about one nominee being talked about for a potential supreme court vacancy. we have more from the capitol hill when our special coverage continues here on msnbc. verizo. for the first time ever, new and current customers can trade in their old and damaged phones for up to $800 off our best 5g phones. because at verizon, the network is just the beginning. ♪ yum yum yum yum yum yum yum ♪ ♪ yum yum yum yum yum yum ♪ ♪ yum yum yum yum yuuum yum yum yum yum yum yum yuuum ♪

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we are back live outside the capitol with news on what's happening inside the building behind me. the senate judiciary committee is starting a long day of hearings on judicial nominees. this is the first batch of nominations that including one woman who has supreme court buzz. leigh ann caldwell is here with us. on the nominees issue, super interesting topic. tell us what's happening. >> reporter: let's take a step back. the trump administration remade the federal judiciary appointing more than a quarter of judges, making the judiciary more white, more male, more conservative and younger. democrats have their chance. president biden has nominated 11

nominees. the judiciary committee is hearing the testimony of five nominees today. not one of them is a white man. they are women or people of color, including one who would be the first muslim american on the court. there is one significant moment today as well, one of the people who is confirmed, mrs. brown-jackson -- >> a name familiar to court watchers. >> reporter: she's to replace garland on the d.c. circuit. she's someone who people are talking about, democrats around town, democrats on congress who would very likely be the nominee to replace perhaps the next supreme court opening, which could be justice breyer, which some democrats say could come as early as this year. >> in the conversations with democrats and your sources on the hill, is there a sense they are trying to counter or are glad to see the white house counter what the previous administration had done? that was a huge talking point

for republicarepublicans, even t were not fans of president trump. >> reporter: that was a huge priority. not necessarily for the president, but mitch mcconnell, who wanted a conservative judiciary. it has not always been a focus of democrats. they saw the challenges and what happened when they don't care about it. now they are focusing on it. >> reporter: leigh ann caldwell, thank you, outside capitol hill here. we are appreciative for watching this hour. our special coverage that will continue all day long right here on msbc, ahead of the president's speech to the nation tonight. in an hour, andrea mitchell will interview nancy pelosi. craig melvin picks up our coverage right now. ♪♪ good wednesday morning to you. craig melvin live from msnbc headquarters in new york city. right now, we are watching the white house. president biden is putting the finishing