be proactive about managing your symptoms by talking to your doctor about twice-daily xiidra. like i did. [inflammation] i prefer you didn't! xiidra. not today, dry eye. if it's wednesday, a massive debacle in the new york city high stakes mayoral race that could not come at a worse time as americans nationwide are already questioning the legitimacy of our elections. one of the race's top candidates will join me in a moment. the death toll is rising on day seven of the search and rescue effort in surfside, florida, the catastrophic collapse as local leaders scrambling to help and inspect the structural buildings in their nearby communities. and this breaking news has been circulating for about ten minutes now as we're coming on the air, bill cosby's sexual

assault conviction has been overturned by pennsylvania's supreme court. this means that the disgraced tv personality will soon be released from prison within minutes. we'll have the latest in a moment. welcome to wednesday. last day of june and the second quarter and feels like we are cleaning out a lot of the news headlines these days. new york city's election disaster could not have come at a more perilous moment, faith is being undermined by a single individual worried about indictments and clearly his amping up his crazy rhetoric, but that doesn't clear what happened in new york city what could have been a high-profile demonstration of rank choice voting and potential to make

elections more democratic has instead turned into a turned into a debacle, after the city's board of elections posted results showing a tight contest in the democratic primary. but then folks started noticing more than 130,000 votes had been added to those totals. pretty massive discrepancy for a count like this. as folks scramble to figure out what was going on, candidates began to reacting to the results, the front runner eric adams questioning them noting that the vote totals looked off like sour grapes because of the size of the lead had narrowed and then the board of elections took all the results down. a statement explaining 135,000 fake dummy ballots used to test their ability to conduct a ranked choice vote count, had been included in this. there are now a barrage of questions about whether the corrected results whenever they

come can be trusted considering the size and scope and the incompetence that has caused them. as i noted, former president has already put out two statements trying to seize on hit debacle as he continues to undermine the public's faith in elections in just about any state he decides is against him. so what now? new york has a giant mess on its hands to clean up with potentially major implication for the rest of the country. let's try to break this down and what happened. i'm joined by katie homan, reporter for the "wall street journal" and nbc news contributor dave wasserman of the cook political report who analyzes data particularly on election nights like nobody else. katie, what do we know today from the board of elections? this feels as opaque as ever as to what's going on with the vote count. >> yeah. we don't know much more than we did last night, and as you pointed out, these results came in and these were the preliminary votes of that

first -- the 11 rounds of ranked choice voting. this is preliminary. we will go through it next week and won't know until mid july. around 3:00 they came out and soon after candidates, those who were in the very bottom of the standings, noticed that there were irregularities, a lot of votes, some people picked up 400% more votes and it was confusing. the board of elections acknowledged there were irregularities and then they pulled everything. that's what we're dealing with. we're anticipating we're going to get more results this afternoon, hope it's correct as opposed to yesterday, and we don't know how these things happened. >> katie, i want to -- it's funny when these results came out the immediate reaction we nad our unit wait a minute, we don't -- today is -- yesterday was the last day to turn in absentee ballots. how are they coming up with any brie him nary ranked choice voting if they did not have

every first round ballot in hand to count? >> this is, believe it or not, given what we experienced yesterday, an effort at transparency to show the process through each step. we had the first preliminary results on primary night that were the first choices of voters did not include absentees. this is the incremental step, it's confusing, but the cool was transparency. of course, now it's completely been bungled and that's the opposite of what they wanted has happened because people are really concerned about this. this seems like a technical error but a humongous technical error that has huge problems and a lot of concern from voters and the public. >> dave wasserman, the bur in my bonnet on this is when they released the first round of results on election night, it seems to me they should put out

all the raw vote totals first, second, third, fourth, fifths choice that sort of thing, at least make it available for the media, the press, the public, to be able to essentially double czech the work the way normal elections are work. explain how they did it on election night and what information would you have wanted them to release to make you feel more comfortable we're getting an honest count? >> yeah. chuck, this is complex, but it's also inexcusable from new york city's board of elections. we've known there have been big problems with this patronage regime. however, i think there are three separate issues here. the first is 135,000 fake votes that were included in preliminary tallies released yesterday that were not cleared from their cache of their reporting system. second is what you pointed to, which is additional confusion stemming from calculating rank

choice votes before you have even all of the first choice votes in hand. we know at a minimum there are 125,000 absentee ballots that haven't been counted. the third issue, something that hasn't gotten as much attention, is if you dive into the precinct data there still are a lot of precincts showing far fewer votes tallied than were cast in the 2017 mayoral race, which was pretty on competitive. and there are strong signs even that new york city's precinct results page shows that not all scanners have been tallied from these precincts. it hasn't been transparent about how many election day votes have been tabulated and how many provisional ballots there are still outstanding. >> and these deadlines, dave, are -- we're not -- we haven't hit them all on provisionals, correct? yesterday was the last day you could turn in an absentee ballot or not turn in, it's the wrong

word, they could be received. on these provisionals, again, how do you eliminate somebody the way this count works if you don't know whether the person you're eliminating first is, indeed, the first person who should be eliminateed? >> that's exactly the problem. rank choice is new to the country, certainly to the country's largest city, and when an election is being conducted on this scale and the stakes this high it's essential that the election administration communicate clearly what's going on. releasing preliminary totals that could have the eliminated candidates in the wrong order by the time additional first choice votes are tabulated, only muddies those waters and really damages faith in the counting. >> all right. katie and dave, we have a lot we don't know and we're going to continue to try to find out that information but i'm joined now, appreciate both of you, joined

by one of the candidates in this race who is definitely got a lot of interest in the absentee ballot, votes counted correctly, as well as rank choice voting, katherine garcia. thank you for your time. first of all, right now, the vote totals that come out today if they put out revised totals, are you going to feel -- what kind of confidence level are you going to have those totals are correct? >> they will be correct for what they are but they will not include the absentee ballots, that is over 13% of the vote that's been cast that we are awater of and that could have real impact on the final rankings of this election. >> look, i followed this race closely. your campaign i think more than any other may do very well among the absentee ballot voters. my question is, it's your understanding, is it even fair

to count, to start doing the rank choice, before every absentee ballot that's going to be counted is accounted for? >> you know, i would have preferred that we waited until the entire vote was in, but this will give us some indicators of where it's going but it certainly will be not the final statement. i knew that we were all going to have patience through this process. not easy for people in new york city. but it's really important in this case. >> what kind of access and transparency do they -- does the board of elections give your campaigns. do you have a representative in the counting room and have they been briefing you or are you as in the dark as the rest of us. >> we have had people at precincts where the counting has been going on and particularly with the absentee vote and making sure that all voters have their vote counted.

but we were not aware of the test data and what was going on with the test data. >> and what was their explanation for messing up this test data? do you feel like you're getting the run around or do you feel like you're getting -- that maybe these folks at the board of elections are starting to eat some humble pie? >> they were relatively transparent that they just made a mistake and that they had left this test data in there before they put the real data in and ran the numbers you know, rank choice voting isn't that complicated to do once you have all the data, but certainly if you have information in that's not correct, then as going to be problematic. but it sounds like it was just human error and it reminds me of my fifth grade teacher, please double check your work. >> i feel like you are trying to be optimistic here that they're going to do this correctly, but

you know the history of the board of elections. it seems as if they won't acknowledge errors all the time. bill de blasio offered them $20 million to handle this new system. they refused the money. why is reforming the board of elections in new york city such a difficult task? >> you know, it is the system we have had for a long time, but there is legislation that is being carried by senator krueger and assembly woman rosic at the state level that would go a long way to professionalizing the board of elections and making it so that we really had folks accountable to all of us about getting it right the first time. i am confident that at the end of the day, we will see every vote counted and we are monitoring it closely. >> look, i feel like you may benefit from this ranked choice voting system, others may not. does this at all shake your

confidence in the idea of rank choice voting? do you think the idea is good and the execution was bad? or do you think this is going to create credibility problems for the system in general? >> the challenges was not related to rank choice voting, that was a human error, but rank choice voting does allow you to have a positive campaign and to talk about issues rather than trying to tear down your opponent. and so i was very pleased to have rank choice voting be part of this because it's the campaign i wanted to run was one where i got to talk about the things that were impacting new yorkers. we've got a lot of work to do. >> look, eric adams, one of the other top vote getters, a lot of us assumed this was going to examine down to yourself and mr. adams, he's, you know, obviously was not happy with how the board of elections handled this.

which ever one of you becomes mayor, if it is one of you two or let's not assume anything with maya wiley, do you feel you have extra work to do to restore confidence in new york city's democracy? >> i am hopeful that i will be the democratic nominee, but i certainly would not count out maya wiley or eric adams. it's going to be a close election. then we come together to make it so that we are putting what's in the city's interest first and i will certainly support whoever is the democratic nominee. >> all right. katherine garcia, waiting i guess you have to wait days, maybe weeks, to find out who won this nomination, appreciate you coming on and sharing your perspective with us. >> thank you so much for having me. coming up, we're going to have the latest on that breaking news we told you about at the top of the show involving bill cosby set to be released from prison today after the high

court in pennsylvania overturned his sexual assault conviction. i will speak to arm forespecial prosecutor in the case. the latest out of the surfside, florida, sadly the death toll rises. rises. ♪ ♪ when technology is easier to use... ♪ barriers don't stand a chance. ♪ that's why we'll stop at nothing to deliver our technology as-a-service. ♪

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welcome back. we are following the breaking news we mentioned at the top of the hour. bill cosby's sexual assault conviction has been overturned by the pennsylvania supreme court. the court found an agreement with a previous prosecutor prevented him from being charged in the case that put him in prison. cosby has been serving time at a state prison. a source tells craig melvin he could be out of court in hours and they are en route to pick him up. joining me is kristen gibbons, former special prosecutor herself in the cosby case and msnbc legal analyst. i got to start with this,

explain the previous agreement, the rationale that the pennsylvania supreme court used to overturn this, how unusual is this, and is this going to be something that many prosecutors kick themselves for wondering how it happened? >>. >> well, thanks for having me on to discuss this. unfortunately i have not gotten through the entirety of the 79-page opinion but what i can tell you from glancing at it, obviously it's playing a crucial role in the trial and the entirety of the investigation, while i 100% respect the supreme court, every justice on the supreme court, i can't tell you what the agreement said because i don't believe there was one. the court did say there was one. there was nothing written down and generally wherever it's a case of this type of nature, it

needs to be written and approved by a court. none of that occurred here. essentially what the supreme court is saying is that bill cosby should never have been arrested because there was a nonprosecutorial agreement in place that prohibited our office from prosecuting him in 2015. again, this was argued in the trial court who found there was no prosecution agreement. it was also the trial court's opinion was also affirmed by the superior court of pennsylvania, in other words the superior court, all of them found that trial court had, you know -- was right in his ruling, but the supreme court did overturn it. one thing i do want to emphasize is that what the court is saying is that we should have never went through with the trial. what the court is not saying is

that andrea constand was not credible. the jury still found that he sexually assaulted andrea constand. i understand that the conviction will not stand, but again, i want to emphasize, the jury found that bill cosby sexually assaulted andrea constand after administering [ inaudible ] to her. the reason i want to emphasize that for all of those survivors out there who found their peace and their justice, particularly the survivors of bill cosby, i hope that they are still able to find their peace because the court still -- the jury still found bill cosby guilty, even though that will not stand. >> all right. explain how the court in your opinion could have -- because you went through this prosecutorial agreement that they now say did exists, it had

been argued away it didn't exes -- exist and wasn't in writing, what is the -- what are they hanging their hat on? is it -- was it a verbal agreement? did the cosby attorney's words versus your office's words. this is what is confusing. >> sure. let me break it down a little bit factually. essentially what happened during the trial back in 2015, maybe 2016, there was something called a habeas hearing or due process type hearing and during that hearing, we as a commonwealth, put on a number of witnesses to establish that, in fact, there was no agreement between the prosecutor's office and the defendant that there would be no prosecution. but the defendant said that there was. what they pointed to was that, and this came out in testimony, was one that bruce castor, who

was the district attorney at the time, had told bill cosby that he was not going to prosecute him if there was -- if he participated or cooperated in a civil proceeding against andrea constand. now you should know that we also called her two civil attorneys to the stand and i, in fact, was the one that questioned them myself and the court heard testimony that that was never true, not something conveyed to cosby to their knowledge and contradicted bruce castor who told them that as well. we heard that from two witnesses. in addition to that, bruce castor testified his press release was an indication of that agreement not to prosecute. again, if you look at the press release, it does say, i will reconsider this opinion should the need arise. so not only was the -- were the two civil attorneys' testimony

contradictory, but his own press release as well. in addition to that, judge furman, who was his first assistant, and who was the district attorney at the time of cosby's arrest, was also not familiar with any nonprosecutorial agreement. that's really important because generally if the d.a. is going to make such as prosecution agreement, he's going to alert his first assistant. whether it be for a homicide or whether it be for a sexual assault case against a high-profile video like cosby. en and so that was also there, that was also released in testimony and that's why, you know -- in addition to that, you can kind of pull on your own news feeds and my colleague ryan cross examined cast or joined us

specifically an went on tv and said he could be prosecuted. not only -- the only time that bruce castor made that stance was at a time when he was running for office and he wanted to win against kevin steele. perhaps that was why, because he had to answer that question, probably as part of his political campaign, why didn't you -- why didn't you press charges against bill cosby when andrea constand made the report in 2005. perhaps that was his answer. but -- so those are kind of the pieces of evidence. >> how often -- i appreciate you laying it out. how often does a prosecutor get involved in a civil case? i mean, i just -- meaning, so castor, you know, why would the prosecutor's office get involved with trying to get cosby to participate in a civil case and dangle nonprosecution as an incentive to do that. how often does that happen? >> it's such a funny question

because the incredibility behind your question points to the answer, never. let me tell you why. one, as a prosecutor you respect the commonwealth, and so you can't say hey, mr. sexual predator, we're not going to let you off so that you can provide civil justice for one individual because that could be a prolific sexual offender. immunity agreements are given for things like if he's an eyewitness to a homicide or things like that so the commonwealth can be served, obtain a conviction against an individual who, you know, you need their testimony, but in this case there was no real give and take, right. you should know that his cooperation in a civil trial could not rise or fall with any prosecutorial agreement. the reason for that is, because if he decided in the civil round, and this is something we also put on as testimony in the

habeas hearing, if bill cosby decided he was not going to cooperate in the civil proceedings, then the court could either could compel him too and if he failed to cooperate, then an adverse instruction would be given to the jury. what that means is, the jury would be instructed by the court, mr. cosby failed to sit for his deposition, you can infer his liability. and the other thing i would want to point out is that, in fact, he didn't cooperate. they had to file several motions to compel which led to the unseeing of the deposition ultimately. we know that he didn't cooperate. >> kristen, i'm going to let you know. i appreciate you spending a couple minutes trying to explain -- unravel this for us from your perspective. really appreciate that, getting on the phone. i'm going to bring in our lead reporter on this now and, of course, our legal political analyst here at msnbc, ari melber who is host of "the beat" and ron allen with us.

ron, give me some tick-tock here. is bill cosby going to be released in hours? >> that's unclear at the moment. i don't know how quickly this is going to happen, but obviously this is something that cosby and his supporters have been fighting for for years, which is why they have appealed this all the way up to the pennsylvania supreme court. you know, we do know that he was so defiant in jail, in prison, that he wasn't participating in the treatment programs that were designated by the court that he had to because he did not want to admit publicly or privately or inference he was guilty of anything. while during his time in prison he has made that stand. but in terms of how quickly this will happen, we don't know. i do know that i think there will be a very negative and strong emotional reaction from women around the country who were -- who had accused cosby of

other crimes and that, as i'm reading the opinion, seems to be the central part of this decision by the supreme court that -- and cosby had maintained this all along that trial was not fair, that it wasn't fair to let other women speak out who -- whose claims against him in many cases were past the statute of limitations and there was that deposition he has signed in a previous agreement you were discussing a few minutes ago where it was cosby's understanding that this would not be used against him. apparently the supreme court agreed with him and it's this basic notion of fairness. we're in the process of reaching out to some of the other cosby accusers, but i can remember the day that the verdict came down, the first trial was deadlocked, second time he was convicted, there was such an outpouring of feeling of relief finally this happened, this iconic figure, america's dad, had been brought down and had been -- and after

not being able to -- he seemed untouchable for so long and again, this is the beginnings, early stages of the metoo movement and one of the first cases and there are other cases similar like the harvey weinstein conviction which also kind of followed the same pattern of other accusers stepping forward to buttress the case and to indicate and show that there was a pattern, a sexual predator pattern, if you will, which is what prosecutors have used and while this pertains to the pennsylvania case and cosby case only, i would imagine there are prosecutors and defense attorneys and judges scratching their heads trying to understand how this might impact matters in their jurisdictions. it's a really seminole day after what was thought to be a huge moment when he was convicted. >> right. now it looks like wow, another person with connections, wealth, fame, finds a way to get off on a technicality.

ari melber, i believe -- i know that he can't be retried. this is it at this point. i think you heard every bit of kristen's basically defense and i would say -- argue a bit defiant and disbelief about what happened here. this feels like the worst type of somebody gets off on a technicality simply because of a unclear understanding of a prosecutor's role in a civil case. >> yes. this is absolutely wild. this is one of those decisions that may be technically legally valid and we live with the rule of law in this country, but it is a wild and at times bizarre road to get to this point that mr. cosby, having been convicted and those convictions upheld, all along the way, until the

highest court now are completely canceled, vacated and he walks. it's wild. because it is unusually complicated, chuck, i would endeavor for our viewers, can i go through what the court's ruling is? >> do so. i mean i think at this point, in for a dime, in for a dollar, this whole thing is the more we learn, the more complicated this gets and you're like, it's going to make a lot of people lose faith in the system, i'll be frank with you, ari. >> this is very -- it's very tricky. i would use the word bizarre for where the court comes down. and so having said that, that would be my legal analysis or criticism. let me tell people what the court is saying here. i'm going to read from the opinion on the clearest parts. the court says, quote, cosby was compelled to give incriminating evidence and the result of that was what the d.a., this controversial d.a. you were discussing with the other

guests, what the d.a. intended, quote, cosby gave up his rights and constand, his accuser, won. end quote. that's the court saying that because of the deal reached by this original d.a., the accuser was able to win in civil court. that was the deal, so to speak. thus, the later criminal case is canceled. the headline legally, chuck, is the court today is not saying cosby didn't do it. the court is saying he reached a deal never to be charged for it. and i think everyone can understand how controversial that is. now again, reading from the decision, the court says d.a. castor induced cosbys's fortune of his fifth amendment's right as a way to aid constand, his accuser, and, quote, improve the chances she would win. the court saying you reach this deal, whether you like it or not a deal to stay out of criminal

court, but participate in civil court where everyone knew cosby might lose. this is the last quote i'm going to read here, chuck, the court saying today, quote, the d.a. forced cosby to participate against himself in the civil case in a way he wouldn't have been required to do if he maintained his fifth amendment privilege and that weakened his position, end quote. so all along the way, the court is saying, you have this history of this deal, both sides are supposed to uphold it, when you have elected d.a. races you were covering the elects in new york this hour. >> yeah. >> the d.a. up for election, a later d.a. says, i'm chucking the deal and this court is saying after all this no, the deal holds. the factual headline because i think people care more about the reality than the legal rules, is no one is saying cosby didn't do it. the court is saying he walks. >> very quickly, you think this has any impact on the prosecution on the surveys you

prosecution attempts against -- various prosecution attempts against harvey weinstein. >> not a drink legal link and you put your finger on it, we live in the rule of law and cover the rule of law. as you rightfully said, people will be justifiably outraged it seems like there's always a way to get around it. i would be surprised if any other person without a multimillion-dollar battery of lawyers could have gotten this outcome in the commonwealth and whether in other places there are other batteries of lawyers that are well funded it raises those questions. there's not a direct link in the nature because i don't believe weinstein had this kind of deal. >> sure. >> but, he, like cosby, has access to money and better lawyers and access to find a technicality. ari, you're going to have a lot more on this i'm guessing later in your hour. appreciate you spending a minute or two with my viewers. we're going to continue to monitor this breaking news. meanwhile we have another piece of breaking news in another legal case.

two representatives from the trump organization are telling nbc news that they do believe and they've been told to expect charges to be filed against at least one member of the former president's company tomorrow. cy vance has been investigating president trump's company for month and prosecutors have been looking into a wide range of allegations including falsifying business records, tax fraud and insurance fraud and an attorney for the trump family called the impending charges outrageous. the two trump officials expect charges to be for tax-related crimes. whether any individuals including trump organization cfo allen weisselberg will be charged tomorrow remains unclear. okay. up next, the latest on the death toll now rising in surfside, florida as rescue and search efforts continue after the condo collapse. we'll speak with the mayor of miami beach who shares the barrier island with surfside after this. barrier island with surfside after this

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but eventually, with spring comes rebirth. everything begins anew. and many of us realize a fundamental human need to connect with other like-minded people. welcome back to the world. viking. exploring the world in comfort... once again. new developments from surfside, florida, this afternoon, where the death toll has now risen to an official number of 16. there are 147 people still unaccounted for after the champlain towers south condo building partially collapsed one week ago. officials say search and rescue crews are working around the clock. here is surfside mayor charles birkitt. >> in all the days i've been going to the site three times a day i've never seen as many

assets in place on that site. we've got heavy, heavy equipment and it's actively lifting gigantic pieces of concrete out of that pile. we've got waves of first responders and rescue people all over the top of that mound, all over the side of that mound and i'm told underneath that mound. >> some families are frustrated by the lack of answers and slow pace of the search. no one has been reese cued alive since thursday morning shortly after the tower first collapsed. hope for survivors continue to dim. as president biden prepares to visit the disaster site tomorrow, officials in neftaly -- surfside are trying to figure out what went wrong and prevent it from happening again. miami beach and surfside share the same barrier island, miami beach the larger municipality on the barrier island. good to see you.

>> good to see you. this building was at our border, not just -- its south wall is on the border of our city, so we know it quite well. >> all right. so look, let's talk about what you're doing right now. and i know the county has ordered some review of any buildings in that 40-year-old range. i want to specifically focus on buildings built before hurricane andrew sitting on that barrier island under your jurisdiction. what is your plan for them? >> well with, we started within probably 24 hours of this building collapse, we've never had anything like that happen, so it's a once-in-a-lifetime event but you want to make sure there's not systemwide implications. we went to our 507 building that are commercial/residential in their 40 year e certification period, and we started to do immediately visual inspections. we've already done i think over 300 visual inspections for our

folks actually go to the site, look for spalling and other things that might indicate problems. we've also required all of those buildings, all 507 of them, within 21 days, to submit an inspection report from the certifiable sort of licensed professional having to do with electrical and structural issues. we want to make sure everybody in the 40-year recertification process has been doing what they need to do, so we're not waiting around. we're going to make sure that we're looking at all of the buildings that are in this. >> you know, mr. mayor, i'm being a dade county native. >> yeah. >> i called it dade county. i keep forgetting to call it miami-dade county, i think about when the regulations were written and the idea of a 40-year commitment written in the late '70s and it was a time we found out that the county wasn't very good at possibly a

bit too pro-developer, didn't have enough inspectors maybe to deal with the massive and quick developing going on across the county. are you confident the 40-year number is the correct number? should it be 10, 15, 20? 40 was sort of picked in the '70s. we've learned a lot more science about what salt -- the salty air can do to concrete and things like that. >> you are a hometown boy, so you know our community pretty well. that 40-year recertification is unique to south florida. the rest of the state doesn't really do it. you're right, everything is on the table. we're going to look at not simply the buildings, but we're going to look at our processes, bells and whistles, to see whether or not we're allowing some of the buildings to get extensions because of disasters, when hurricanes happen and things like that. we're going to look at everything because i think everything needs to be on the table. we should use this horrible tragedy to at least look at our processes to make sure we've got

what we need on the table. >> now let me ask a question from the perspective i imagine many homeowners are asking you, particularly if you own a place on miami beach, the insurance companies, we know how they may react and they may look at this and just decide across the board some may walk, not even write policies anymore. we've seen that happen before, sadly, in the state of florida or others may start gouging. how concerned are you this is going to maybe be used to make it harder to get insurance for your home in the state of florida, which is not an easy task? >> right. it's expensive already. you're right, but hopefully the insurance regulators will stop the gouging. with regard to insurability, as horrible and tragic and everybody in my community is one degree less of separation from those folks enduring this horrible moment down the street from us, but even so, i think we

are comfortable that, you know, we're going to figure out what happened and make sure that our buildings and processes are what they need to be to keep our buildings secured and more importantly our residents and visitors. >> of course then, you know, i know you've been look, you've been very outspoken about climate mitigation and preparing for what is a change in climate and now you throw this in there. i imagine and wonder if you think this is the correct course of action. developing on the barrier island will be and let me ask should be harder than ever? >> i have said this, our city sits on porous limestone, we are the canary in the mine shaft when it comes to sea level rise and those kind of climatic challenges. with the proper engineering approach and we've done this already we solve a lot of these problems. we are raising our roads and changing our pumping system,

hardening our building code and do more because of this incident, we'll take another strong look at it. we can, you know, we can get through this if we just don't kick the can down the road. i suspect what we're finding throughout all of the cities in the area are that maybe there has been too much kick the can down the road and we have to make sure with very exact precision that people are taking care of their properties. >> yeah. let's hope this is the proper wake-up call for everybody, particularly on all of these battles we have to make south florida a safe and livable community. miami beach mayor dan gelber, appreciate you coming on and sharing your perspective with us, sir. and we, of course, are keeping the rescue workers and the families in our thoughts. msnbc will continue to bring you any breaking news as it develops. coming up, we're going to turn to the big story in washington. the house is set to create a select committee to investigate the capitol, after the senate

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welcome back. later this afternoon we expect the official vote by the house to investigate the attack on the capitol on january 6th, and while we expect the vote to fall along party lines, and we did hear from adam kensinger who announced that he is going to vote for the committee, and he did vote to impeach donald trump, and also another member from iowa. five will be voting in consultation with kevin mccarthy and the implication is that perhaps the speaker has veto power over some of mccarthy's picks. so we are joined by the chair of the armed house committee, and for what it is worth, he is member of the last select major

committee when the republicans had a select committee on benghazi, and congressman smith, thank you for being here. >> thank you, chuck, i appreciate it. >> so let's start with this vote. how important do you think it is for the credibility of this committee for the speaker to appoint a republican, and do you believe that republican should be liz cheney? >> i don't know what specific republican it could be, and i could name some republicans that it shouldn't be, and as long as it is a republican who is willing to take it seriously, and sees what the challenge is, and gets to the bottom of the what we are trying to figure out what it is, and this has to be bipartisan, and in the aftermath of january 6th, there were republicans who were shocked and look, we have to figure this out, and the politic, and the politics of donald trump took over, and they all ran away from really getting to the bottom of where this mob came from and

why, and how we need to better protect ourselves from how to protect ourselves from this thing going forward and this select committee is going to help us going forward. >> and so this is going to allow republicans to say, hey, the democrats are in control, and you think that the speaker should have veto power over kevin mccarthy's pick, and if he wants to put matt gaetz or marjorie taylor green on there, isn't that more reflctive of him or anybody else? >> well, the select committee is to be more reflective of the republican party and not him. but, what motivated this group to have this mob attack, and we have had discussions can of this in the armed services committee to root out the extremism, and the republicans want to whitewash it and act like it

does not exist, so it would not help to have marjorie taylor green or matt gaetz to come in to blow it up would not be helpful. but there are many republicans who are honest and legitimate people to work with, an pick five of them and get to work on what we need to do here. >> and i want to move to what we are seeing come out of afghanistan. now, perhaps some will say, afghanistan was in a civil war before we got there, and should we be surprised that it is going to end up in a civil war after we leave, and then again, we have made all of the promises to try to, to try to leave afghanistan in a better place than we found it. doesn't appear we are going to do that. >> yeah, the civil war has never really stopped either. the fighting has been going on for a long time, and frankly the

u.s. forces were only, you know, protected from that fighting starting a year ago february when the trump administration got the tentative cease-fire with the taliban, and now it was not a cease-fire throughout afghanistan, but it was the taliban agreeing to not attack the forces, but the agreement to leave the first, but our troops would be in the middle of the civil war as they were for better than 15 years beforehand. so i guess, yes, this is a disappointing outcome. no way to sort of put lipstick on that. it is a very disappointing outcome, and we had hoped for a more stable afghanistan, but the u.s. military cannot create that more stable afghanistan, and that is what the military has proven and president biden has said that the u.s. military is not the solution, and the cost is too high to simply stay there

in the stalemate that we are in. more service members without a shadow of a doubt die in afghanistan if we decided not to leave. this is the right choice. the best of the series of very bad options. all right. i want to close with a bizarre story and i apologize if you don't know much about it, but the governor of south dakota is using a private donor to order and send 50 members of the south dakota national guard to the border. look, let's separate out the political decision that she is making, and it is obvious 2024 politics and sucking up, and all that, and how is this legal, and can you essentially use the national guard as a privately-funded militia, and i don't know how else to describe

this, but how else do you dekrib this? >> to say that people can use this u.s. military independent of what the secretary of chief believes they should be doing is unbelievably dangerous, and it is not unprecedented and john d. rockefeller back in the day tried to do it as well, but it is completely wrong. now i have not closely looked at the law to figure out whether or not definitively it is illegal, but if it is not illegal, it ought to be illegal. this is the national guard and the u.s. military being called up. granted called up under state authority, but it is still, and it is not a private militia and it should not be used as a private militia for any purpose, and so it is important story, and bizarre and odd, yes, but it is not one to be ignored and one to be standing up against as quickly as possible. >> are you going to call

hearings? >> i am not as fond as hearings as a lot people. because hearings don't solve problems, but i will be getting the secretary on this, and get the answers. if a hearing is helpful, yes, but on the armed services committee is that we will be putting the pressure on the secretary of defense and saying this is not going to be happening, and how do we make it stop. >> congressman adam smith, i went over my time, and democrat from washington state, thank you for coming on this hour. i owe geoff bennett some extra time, and we will be back here with more "meet the press daily." geoff bennett is back after the break. ily. geoff bennett is back after the break. when technology is easier to use... ♪ barriers don't stand a chance. ♪ that's why we'll stop at nothing to deliver our technology as-a-service.

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good to be with you. i'm geoff bennett and we begin this hour with breaking news out of pennsylvania. disgraced comedian bill cosby is going to be released out of prison to day after serving two yes