ere are hundreds of good-paying jobs, with most new workers hired from bayview-hunter's point. we don't just work at recology, we own it, creating opportunity and a better planet. now, that's making a difference. i'm amman mohyeldin in new york. a short time ago bill cosby was released from a pennsylvania prison after serving more than two years of his sentence on a day that the state supreme court overturned his conviction and barred him from being retried on charges he sexually assaulted a woman back in 2004. the court said a decision by a previous prosecutor not to charge him in that case should have prevented him from being charged. we're going to have much more on today's events in just a moment. now, all of this comes as two trump organization

representatives tell nbc news they have been told that charges could be filed against the company as soon as tomorrow. however, it's not yet clear if any individuals such as chief executive officer alan weisselberg will be charged. now, this news comes as the former president, former president donald trump, is about to make a speech at the u.s.-mexico border in which he's expected to attack the biden administration over its immigration policies. also at this hour, the house is debating a resolution to form a select committee to investigate the january 6th riot at the u.s. capitol. is 175 days after rioters stormed the building to try and stop congress from certifying joe biden as the winner of the 2020 presidential election. and we continue to follow developments from florida where the death toll from that partial collapse of a high rise condo building near miami has tragically risen to 16. rescuers continue to search for nearly 150 people still unaccounted for. but we begin this hour with the breaking news from earlier this

afternoon. bill cosby now freed from prison after the pennsylvania supreme court overturned his sexual assault conviction. the court said a prosecutor's decision not to charge bill cosby left the door open for him to make potentially incriminating statements that were used as testimony for a later conviction. the 83-year-old comedian has served more than two years of a three to ten-year sentence in state prison. the court ruled cosby cannot be retried on those same charges. joining me now, nbc news correspondent anne thompson and nbc news correspondent stephanie gosk and trial attorney and legal analyst ann bremer. anne thompson, i'll begin with you. walk us through this stunning decision from the state's highest court. i think it caught us by surprise. >> totally did. absolutely is stunning, the kind of decision that takes your breath away, but basically what the state supreme court said was back in 2005 the then district

attorney, a man named bruce castor, made an agreement with bill cosby not to prosecute him in the case of andria constand, and he did so for a couple of reasons. one, he found that she made inconsistent statements about what supposedly happened back in january of 2004, two, that it took her a year to come forward to make the accusations and, three, that there was -- that she met with him and called him in the year after, so those three things made bruce castor think he couldn't win this case in court so he made this agreement with cosby not to prosecute him so that then andria constand could go to civil court and sue bill cosby, and there bill cosby would not have his fifth amendment protection, and so that's exactly what happened. there was a civil suit, depositions were taken. eventually bill cosby settled

with andria constand for more than $3 million. then you fast forward to 2015. you've got a different district attorney there, and he -- first it was a woman and then it was a man. they look at this case and say we can prosecute, and they went forward and did that, and because of this agreement the prior agreement, the state supreme court said no, no, no. you can not do that. the other thing the state supreme court found was that the five women who -- the five additional women who testified in the -- in the second trial who gave this evidence of what they call bad acts to establish a pattern of abuse but drugging the women and then sexually assaulting them, the state supreme court found that that tainted the jury. now, we just got a statement from district attorney kevin steele who said that bill crosby

walks free today because his case was overturned on a procedural issue but that the state supreme court did not take issue with the facts of the case and the fact that the jury found him guilty of sexual assault. amman? >> speaking of some of those victims, there's been a lot of reaction coming in so far. one notable one, actress phylicia rashad who played claire huxtable on "the cosby show," finally a terrible wrong is being right. a miscarriage of justice is corrected. stephanie, i do want to talk about the accusers here. we are hearing from some of them. what has been their reaction learning that the man who they say sexually assaulted them is walking free today? >> well, there's a lot of shock. we know that andria constand who got these charges and her attorneys say right now they are not commenting, that they are

looking over this decision but at the moment they are not going to do interviews, but i want to back up a little bit to that timeline and those 2015 tharnlgs that were eventually brought against cosby, and they happened at a time when a number of women, dozens, in fact, were coming forward with stories and allegations of being sexually assaulted by bill cosby, and a lot of those stories were very similar and included what eventually the district attorney would call a pattern of bad behavior. one of those women over the course of the trial, said there was a trial in 2017 where there was a hung jury and then they retried him in 2018, and those alleged victims showed up at both of those trials. some of them and then going every single day. when the conviction was actually announced in 2018, there was an enormous amount of joy. many of those women said that justice was served not just for andria constand in that decision

but also for themselves, so you would have to imagine among the women who have not commented so far an incredible amount of shock and disappointment at today's event. >> ann brem, how unusual is it to have the supreme court step in on a high-profile case like this to overturn a jury conviction even if it is on a procedural matter? >> it's pretty rare and especially to be vacated like this where it can't be -- where he can't be retried. but this decision was basically compelled by the situation of the prosecutor making a promise and then having a subsequent prosecutor not honor that promise. so the office of the prosecutor said you're not going to be prosecuted that. same office was occupied by another prosecutor who should have followed through with that

promise and causes bill cosby not to assert his bill of rights. the first prosecutor said i'll tell him i won't prosecute and -- the court said it's all about due process. he gave up his fifth amendment rights and given a promise not to be prosecuted, and that wasn't honored, so that's really the gist of the opinion and the most important part of the opinion and, of course, we have the other acts of evidence, other bad acts and they didn't like that either. they said especially in sexual assault case, the character type of evidence is going too far. >> anne thompson, this was widely seen this, trial, this conviction was widely seen as a watershed moment in the me -- too moment and era and it had broader implications just for the discourse of justice for the wealthy and the powerful. can you reflect on that for a moment as someone who covered

this trial and somebody who covered this extensively and knowing what we know and the reaction that we're hearing from stephanie gosk and the other reporting that we have and the reaction coming in from -- from the alleged victims? >> well, amman, i think if you look at the trial of harvey weinstein which happened here in new york i believe they had four other women, the manhattan d.a., had four other women come and testify in that case, and so, again, you sort of see this repeated pattern of having women who are not accusing or whose cases have not been brought in a criminal way but testifying that they, too, were abused by this man, so that is -- that is certainly one ramification of what we saw with bill cosby, but we also have a statement from bill cosby from his spokesperson, a man named andrew wyatt, and i want to read it to you. he says, first of all, we want

to thank the pennsylvania supreme court. this is what we have been fighting for and this is justice and justice for black america. this is the justice mr. cosby has been fighting for. they saw the light. he waved his fifth amendment right and settled out of court. he was given a deal and had immunity. he should never have been channelled. i want to thank my attorneys, and so there is that statement, and i think what's going to get a lot of attention is his statement that this is justice for black america. >> and we've heard already some reaction with a lot of people taking offense to that statement. anne thompson and stephanie gosk, anne bremmer, thanks for starting us off this hour. joining me now on the phone is a former special prosecutor in the cosby case and msnbc legal analyst. it's good to have you with us. first of all, how much of a blow is this, not just to the alleged victims of bill cosby but to the broader movement to hold sexual

abusers accountable? this case, as i mentioned earlier, was certainly a watershed moment in the me, too movement. >> yeah. it's a huge blow, amman. it's a huge blow, i can't dispute that, and what it shows and i want to say that i respect the judge's decision. i don't agree with it obviously, but what it shows is that, you know, it highlights how agreements, whether it's a non-prosecutorial agreement or a non-disclosure agreement can really impair an individual's route or journey towards justice. this is as travesty of justice if a prosecutor is able to make those types of agreements. i don't necessarily agree with the way that the people have interpreted the decision, but holding that to the side i think -- i think that one of the things to highlight is that even though the conviction will not stand because the judge found that we should never have

arrested him, we should never have held the trial. those 12 jurors who were peers of william cosby and peers of andrea constand, looked cosby in his eye and said guilty, guilty, guilty. they found that he sexually assaulted andria constand, and i think that's really important, not only for survivors, but i think it's also important because, yes, this is a blow, but this sexual predator, yes, he gets to walk free. he was still found guilty. >> kristen, i know that this has just been a few hours since this news came out, but i'm curious when you kind of look back at some of the decisions you and the prosecution made collectively, do you have any regrets? would you have done it differently in any way now knowing and i know hindsight is now 20/20, but is there any way this moment could have been avoided when you still bring justice for the alleged victims of bill cosby?

>> i don't think that we -- i personally, i can't speak for kevin and all of our whole team, but i personally have no regrets, and i hope that moy co-prosecutors have no regrets either, and the reason is this, amman. when prosecutorial agreements are made, they are in writing, and they are approved by the court. that nonexistent in this case. number two, bruce castor would only have had the ability to -- to allow mr. cosby a non-prosecutorial agreement or any crimes that he admitted to within his jurisdiction, in other words, in montgomery county, pens -- pennsylvania. he made notes and incriminating remarks on anything that mr. castor had the ability to enter into a non-prosecutorial agreement and the other thing is

mr. castor has nothing to immunize mr. cosby in and when you look at it that way and the fact that all of the statements that mr. cosby made in his deposition regarding andria constand was exactly what he made to the police moments when he was interviewed, i don't agree with the fact that he made an agreement and waived his fifth amendment right to self-incrimination and he did. he made no incriminating statement in the jurisdiction by which bruce castor had the authority to immunize bill cosby. as i look back i have no regrets and that might be because because i honor and respect the decision of the justices, i have to respectfully disagree. >> all right. kristen gibbons fedden, thanks so much for your time. greatly appreciate it this afternoon. our other top story this hour right now, the house is voting on a select committee to investigate the january 6th

capitol riot. we'll be live on capitol hill with that and more. we're also keeping a close eye on the trump organization at this hour which could be hit with criminal charges less than 24 hours from now. we've got new details on that. you're watching "amman mohyeldin reports." watching ay"amman mohn reports. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ 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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defense secretary donald rumsfeld says that the former secretary of defense has passed away at age of 88. in a statement released by his family that in part reads it is with deep sadness that we share the news of the passing of donald rumsfeld, an american statesman and devoted husband, father, grandfather and great grandfather. at 88, he was surround by family in his beloved new mexico. the former secretary of defense, a controversial affirmative action and here is a look back at his life by my colleague peter alexander. >> reporter: as secretary of defense, donald rumsfeld launched america's wars in iraq and afghanistan, a mission that he prepared for his entire life. a fierce competitor in wrestling at princeton, a navy pilot and instructor, rumsfeld plunged into politics in 1962. elected to congress four times frill know. >> i, donald rumsfeld. >> reporter: rumsfeld was recruited by the nixon white house where he earned the reputation as an ambitious and

skillful political infighter and president nixon called him ruthless. he later became president ford's chief of staff and at 43 in 1975, the youngest u.s. secretary of defense in history. >> i, donald h. rumsfeld. >> 16 years later rumsfeld returned to the pentagon under president george w. bush, this time as the oldest secretary of defense. on 9/11 rumsfeld was at his desk when al qaeda attacked the u.s. and flew a plane into the pentagon. rumsfeld quickly seized almost total control of america's war on terror. launching air strikes in afghanistan in less than 30 days. and in 18 months the invasion of iraq, but u.s. claimed saddam hussein possesses weapons of mass destruction were soon proven false. >> is there any evidence to indicate that iraq has attempted to or is willing to supply terrorists with weapons of mass destruction? >> there are known knowns.

there are things we know we know. we also know that there are known unknowns, but there are also unknown unknowns the ones we don't know we don't know. it is the latter category that tend to be the difficult ones. >> reporter: as the war dragged on, rumsfeld himself came under fire, but president bush stood firmly behind him. >> i'm never disappointed in my secretary of defense. he's doing a fabulous job. >> reporter: still, rumsfeld started to lose the confidence of the troops. at one point he appeared to dismiss complaints their lightly armored vehicles did not protect them from deadly roadside bombs. >> as you know, you go to war with the army you have, not the army you might want or wish to have at a later time. >> reporter: ultimately rumsfeld was forced to resign in november 2006 but remained steadfast to the end. >> it may well be comforting to some to consider graceful exits from the agonies and indeed the ugliness of combat, but the enemy thinks differently.

>> reporter: but rumsfeld refused to quit. he and his wife joy started a foundation to promote leadership and public service at home and free political and economic systems in places like afghanistan. rumsfeld once said if you're not criticized, you may not be doing much. by that measure, he did quite a lot. peter alexander, nbc news, washington. >> that was my colleague peter alexander looking back at the life of the late secretary of defense donald rumsfeld. the house is now voting on whether to establish a select committee to investigate the january 6th riot at the u.s. capitol after senate republicans blocked a bill that would have established an independent commission. here's what house speaker nancy pelosi had to say when she spoke on the floor just moments ago. >> let all members do what is right and vote for this legislation. we will be judged by future generations as to how we value

our democracy. >> let's cross over to capitol hill and bring in nbc news correspondent garrett haake and anna palmer is here, an msnbc contributor. garrett, i'll begin with you. 35 house reap chance voted for an independent commission but very few republicans support a select committee. what has changed on that front? >> this is a different beast. in fact, a number of republicans who vote for the commission said they were doing so in the hopes that they who not end up with a select committee. the idea of the commission was for it to be bipartisan or really non-partisan with, you know, law enforcement types essentially conducting a proper investigation in that manner. the select committee will be staffed by lawmakers, more democrats than republicans. it will by its very nature be a political body though it will hopefully produce -- >> i'm so sorry to interrupt you. i'm going to jump into for a quick moment because we're getting live pictures of bill cosby who has now entered his home. we're looking at aerial pictures

from our affiliate there in pennsylvania. this was a short time ago after he was released from prison. we were following his car. we could see his vehicle. he just came out of the vehicle flashing the peace sign as he was escorted. this is what you're seeing is a tape playback of that moment earlier when bill cosby was escorted from that vehicle carrying him from a prison in pennsylvania to his home. quite a stunning day. this was a moment where bill cosby i think to a lot of people's surprise was released after the pennsylvania state supreme court overturned an earlier conviction on a procedural matter saying that the former convict, the former convict bill cosby was or had entered into an agreement with a previous prosecutor that essentially should not have allowed him or should have prevented him from facing charges. obviously, there's been some disagreement about that from some of the former prosecutors

that we're talking to just a short while ago, but you were just seeing there images of bill cosby returning to his home after he was released. we're going to continue to monitor developments in that story, bring you any reaction, both from the victims as well as anyone else involved. when it does, we'll certainly bring that to you as soon as possible. garrett, let me come back to you and apologize for interrupting you but we wanted to share that moment with our viewers. go ahead and talk about the disconnect between the republicans who supported initially an independent commission but those who are not supporting this select committee. >> that's all right. busy news day. i'll just conclude this thought with the idea that it was 35 republicans who supported the commission. right now we've got two republicans who have publicly said they will vote in favor of the select committee adam kinzinger and liz cheney, the two republican yay votes that you see up on the board right now, and the reality is that may be it for republican support for this body which means you'll

hear more from speaker pelosi about maybe as soon as after the vote today. we don't know who any of the members from either party will be who will be appointed to it. >> and even though they participated and when you look back to what democrats did, they viewed the select committee kroetd by republicans to investigate the 2012 attack on the u.s. consulate in benghazi, libya, as a partisan probe. are democrats worried about finding themselves subject to the same accusations by establishing this panel? >> if they aren't worried they probably should be. it's certainly going to be an attack that you're going to hear from republicans as this process moves forward. the big question will be, of course, not only does nancy pelosi actually appoint a republican lawmaker to the panel as has been suggested a lot of support for someone like liz cheney who voted in support of this, who has been very critical of the president, but also what does kevin mccarthy do?

as minority leader who does he appoint. i think there's expectation that he will have some members on the select committee because they will want to be able to, you know, answer and push back on democrats. those are the two big questions right now. what does kevin mccarthy do for house republicans and how does nancy pelosi -- which members go on it and i think that's really going to go to the core of how partisan is this, or does she try to make this a more non-partisan actual investigation? >> so, too, do you have any idea who nancy pelosi might put in charming of it or any confirmation from the speaker or those around her? >> nothing solid. there's been a lot of discussion about members who might want to be involved in this, members who have taken advantage of the different committees that have been investigating this in a piecemeal way and want to continue to press forward. there's been a lot of chatter

that bennie thompson, who chairs the house homeland security committee, could be appointed as the chair of this committee, congressman clyburn, the number three democrat, and i want to put a button on what anna said. the democrats believe that they will have protection from this committee being not being bipartisan because they tried to do the bipartisan committee first. >> garrett haake and anna palm, thanks so much for your insights. joining us now to join the conversation is retired capitol police officer butch jones. good to have you here with us. do you support a select committee and what should this panel be looking at even if it's not equally balanced between republicans and democrats? >> well, i'm glad to see that some members are voting to have

this committee. it's very necessary for them to have this committee because we really want to find out what happened on january the 6th. the if this had been myself, people like farrakhan, it could be no doubt that they would have had an independent committee to find out what happened but because some members of congress made statements prior to january 6th i think myself, this is my opinion, it's a cover-up. >> a cover-up by whom? >> by the republican party not willing to have an independent counsel or committee to find out exactly what happened. if we don't have that, we'll never find out what happened on january 6th or what caused the insurrection at the capitol on january 6th. >> what do you make so far of how the investigation into january 6th has proceeded when you look at var yours, you know, investigations and questions and

procedures that have already taken place? >> personally i think that's a joke. i think it's a joke because we're really not getting to the maine soars of what happened. i think for members of congress not to be -- the word i want to use is responsible. they don't have a check and balance. no one corrects congress. congress does what they want to do, show until we make them answer to us, we'll never find out what happened january 6th. >> what do you make of how your former department prepared for what happened on january the 6th and how they have dealt with the aftermath of the riot? do you think they have been adequate, forthcoming and has anyone or should anyone be held accountable for that? >> without a doubt. if i had been working on january 6th, i would have raised

questions about the security. i would have raised questions about backup. i would have raised questions why officers came in at regular shifts, who had the captain of the control unit come in and report at 3:00. they should have all been reporting at 9:00 that morning. they use it as a regular day. that i don't understand. >> butch jones, thanks so much for your time. greatly appreciate it, sir. >> thank you for having me. i want to go for a moment to one of our breaking news stories and that's the passing of the former defense secretary donald rumsfeld who died today at the age of 88. joining us now is the pentagon correspondent for us here at nbc news. it's great to talk to you. quite a legacy donald rumsfeld leaves behind. obviously depending on who you ask, a very controversial figure, but nonetheless one who has led america's military to at

least in the middle east into two very controversial and by some assessments disastrous wars both in iraq and afghanistan. bring us up to speed on the very latest. >> yeah, that's right. so, i mean, definitely there's -- no one would question the fact that donald rumsfeld is an historic figure in the u.s. not only was he the youngest secretary of defense and still in our nation's history and then he served as the oldest one. his second time here in the building is the one that he'll probably be most remembered for, aman, and that's because he was here not only the day that the plane crashed into this building on 9/11, and you may recall that there was video and photos of him helping woundeded out of the building. he was helping people out on strefrps, in the parking lots here, you know, really hands on on that day, and that sort of became the beginning of the everyday briefings where donald rumsfeld was the face of the post- 9/11 response. then -- and then, of course, the

u.s. moving into afghanistan and going into afghanistan there, the war there, but it was really the invasion of iraq in march of 2003 that i think a lot of people will remember him for and his involvement in that. he was one of the people, one of the architects of the u.s. involvement in iraq, one of the people who pushed the idea of weapons of mass destruction, that saddam hussein had those weapons of mass destruction and, of course, years later it became very clear that that was not the case. he had a tumultuous time other in the pentagon. he, of course, at the time was serving as george w. bush's secretary of defense until late 2005, excuse me late 2006 when he was asked to resign and was replaced by secretary of defense robert gates, former cia director. i've spoken to him, in failing health in recent days and we've been hearing about that. last time i saw him was about two years ago, and he had had a couple of recent surgeries, and it was clear that his health was failing, but because of that

i've been asking people, you know, who served with him, people in the military, civilians who worked with him what they really would see as his legacy and i was surprised. there are a lot of people who even worked with him and served with him, served with him here in the pentagon who now acknowledge that, you know, going into iraq, it had such a -- a -- an effect on the u.s. foreign policy, on u.s. national security, on the war in afghanistan which we're seeing draw out right now and end right now, and there are a lot of people who served closely with rumsfeld at the time who are saying and questioning why they went into iraq back in 2003, amman, so certainly an historic figure. as you mentioned, controversial definitely to the end. i will say as someone who covered him here at the pentagon, the briefings were always interesting. he was someone who loved to really engage in a back and forth with members of the press, and you would get your heart rate up when you were

questioning secretary of defense donald rumsfeld because you knew he was going to come back to you and you better have your facts ready and be prepared so, you know, donald rumsfeld passed away at age 88, ayman. >> it will raise a lot of interesting questions as well in terms of the legacy of the u.s. in the middle east because as you were mentioned the two wars, people in afghanistan and those in iraq still reeling from those disastrous decisions. hundreds of thousands of people killed and hundreds of thousands of refugees. thanks very much for that update. appreciate it. back here at home for survivors of the condo collapse in surfside, florida, stretches into the seventh day the death toll is rising, now at 16. 147 poem remain unaccounted for, this as reports reveal more warning signs prior to the tragedy. just weeks before the collapse, the president of the building's board wrote that structural

damage identified in a 2018 inspection, quote, has gotten significantly worse with the price to repair, you know, with the price to repairing it nearly doubling in those two years. joining us from surfside is nbc news correspondent alison barber. you've talked to some of the people involved in the search and rescue down there. what are they telling you about what the experience has been like for them? >> reporter: yeah. i spoke to a member of the miami-dade urban search-and-rescue team or florida task force one and just to kind of get a sense of what they are seeing right now, as you mentioned. this is day seven. the last time they were able to pull someone alive from the rubble was thursday morning. this is something that when i spoke to that rescuer, she says that she's been a firefighter with the department for 17 years. she has never seen anything like this. for rescuers this is challenging, tactically, logistically, physically and

emotionally because this is not just another disaster. these are very experienced rescuers, but this is different from the other ones because this is their community, too. listen to some of what she told us. >> the guys and gals that are working on that pile, there are times that they are breaking down. they break down sometimes on the pile itself because it is hard. it is hard when you're going through that pile and you suddenly find a toy and you suddenly find a picture of a family. all of these keeps reminding us that we are looking for people. we are looking for people's family members. we're looking for their loved ones. >> reporter: and the weather has just been awful throughout all of this. it's bad again today but the rescuers only stop working if there is lightning. they are still using hefley machinery, light machinery and hand work. they have dogs still going on that pile. using cameras to find any sort

of crevices or voids as they are referred to as well and they are using sonar technology to try to pick up any sorts of sounds. they have not gotten any sounds indicating human life since thursday. 147 people are still unaccounted for, amman, and there's no timetable for when this search effort could be done, but they say they just plan to keep going moving every piece of debris out of there until they are able to give closure to all of these families, whatever that might look like. amman. >> ellison barber, thank you. after the break we'll speak about congresswoman escobar's meeting with vice president harris when she visited the border last week. you're watching "amman mohyeldin reports."

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manhattan district attorney is expected to file criminal charges against the trump organization as soon as tomorrow afternoon. that's according to two representatives from the organization. jennifer wiles berks former daughter-in-law of longtime trump organization cfo alan weisselberg was asked about the charges today. watch. >> do you believe that the former president himself holds any liability here? >> absolutely, absolutely. i believe they will get the indictment. >> against him? >> yes, yes. >> nbc news investigative correspondent tom winter is following this story closely for us now. good to have you with us and welcome back. what more can you tell us about these charges, and what are they focused on? >> at this point we're trying to figure out how expansive this indictment and these charges are going to be tomorrow. we have not seen them yet. they have not been filed with the court and, of course, we don't expect as we've reported

to probably 2:00 p.m. to get our hands on them or at least understand the entire scope of this. trump through his representatives and his attorneys in the trump organization have suggested that this involves some of the things that jennifer weisselberg first told us about three or four months ago which is essentially the idea that benefits were paid out in the form of apartments or perhaps a vehicle, perhaps cash payments as well, that that was pushed out and that it wasn't properly accounted for within the trump organization. we have reason to believe it's going to be much more expansive than that, but as far as the specific charges we're not quite sure. some of the things they have been investigating. first off, misrepresentations to banks, misrepresentations to insurance companies and then, of course, aman, as you and i have discussed on numerous occasions, this idea that the manhattan's district attorney's office not only has the tax returns for donald trump and his businesses but also the underlying documents, so what types of

things have they learned as a result of going through that? they, of course, brought in a private consultant firm to be able to review those documents to make it searchable, to process it. they have got a team that's been dedicated to this, so i think the idea that tomorrow will be limited to just two or three different types of conduct is probably not going to be the case. i expect we'll be busy trying to understand the entire scope of this tomorrow. amman? >> we'll be waiting and following your reporting throughout the day. tom winter, greatly appreciate it. today former president donald trump is in texas visiting parts of the border wall between the u.s. and mexico. this trip comes as texas' republican governor greg abbott announced he's using $250 million in taxpayer dollars for a state effort to cop struct more border wall pick pentagon up on a key promise of the trump administration. joining me now is texas democratic congresswoman veronica escobar. congresswoman, thanks so much for joining us. i know at least some of the $250 million that the governor is

using was actually set aside for covid-19 relief. you wrote a letter to the treasury secretary janet yellen asking her to step in and block thissest. what can the treasury department do to stop this, and if the administration doesn't ability, what's the next step? >> reporter: thanks so much for having me on your program and, yes, unfortunately what we're seeing today is donald trump at the border with greg abbott, greg be a bolt who was completely abandoned any semblance of governing. you know, we're living through a heat wave in texas and everyone is worried about the electricity grid. he is trying to usurp funding that the members of the federal government, members of congress intended to go directly to people. he's using it for his political stunt, and they are unfortunately not chief political ploys. they are expensive political ploys. he's fighting for his political life, amend he is engaged in a culture war with donald trump,

the very person who created nothing but misery on the border over four years. >> i know that vice president kamala harris visited the border in el paso with you just last woke. tell us a little bit about that trip and how do you feel about it and what do you think the administration's takeaway from that was because as you very well know there's been some criticism about how the administration has been handling it, especially the fact how long it took for the vice president to get down to see the border situation firsthand. >> i'm very proud they will paso was the site of vice president harris' visit. my community has been the center of many of the abhorrent anti-immigrant policies for four years. we were the site of family separation. we were the site of remain in mexico. we were the site of some of the most horrific, unsanitary conditions from migrants that we have ever seen in a generation. at the same time, my community

has represented the best of what america has to offer. we have offered kindness and generosity and goodwill. we have treated migrants with humanity. she met with agents and met with migrants as well, migrant children and spoke with the very advocates and lawyers who have been dealing with these issues that start at the root cause. you know, what's happening with donald trump and greg abbott and in fact many of my republican colleagues who have abandoned their job today for this political stunt in south texas, they want americans to forgot about the failures of the trump administration. we finally have an administration, the biden administration, willing to look at this challenge that we have faced for decades. they are looking at it holistically. it starts with addressing root causes. we've also got to open up legal pathways. when we shut down legal pathways, we shouldn't be

shocked that people seek undocumented regular pathways. we've got to address the way we greet people at the nation's front door. we can do it safely and securely hand humanely. the trump administration of the past, greg abbott wants to keep reliving that over and over again so that texans forgot about his failures around covid and they forgot about his failures around the many deaths over the elect call grid. >> speaking of the former trump administration, let's talk about one of the more notorious days under his watch, january the 6th. today you had a vote on the january 6th committee. you had some members of the republican caucus skipping the vote to actually attend trump's event at border wall. what message do you think that sends? >> it's absolutely no coincidence that they would rather go hide out in south texas than acknowledge what happened on january 6th, and what happened on january 6th was that donald trump, their supreme leader, and in fact some and if not all of the members who are

in shout texas today, they helped fuel the big lie that caused a terrorist attack against not just our capitol but against our country, against our very democracy. these are the people that would rather erase that moment in history. they continue to fuel the big lie. i have to tell you, i'm really concerned about the way they are fueling xenophobia. we in el paso, texas know what happens when you have absolutely irresponsible dangerous people with a bullhorn and bully pulpit who are fueling hate against migrants. that's what they are doing today. they have chad wolf with them. they have stephen miller with them. they have people who should be prosecuted for crimes against humanity that ultimately the rhetoric that they used fueled a terrorist attack against my community. i am very concerned about their behavior and their dangerous rhetoric. >> all right. and while we were talking,

congresswoman, i've been told the committee to investigate the january 6th riot has been approved in the house, so a very important step, a milestone there, that this now is heading to reality. congresswoman veronica chaos in the new york city mayoral race after election officials posted incorrect vote counts in the democratic primary and then withdrew them. our own steve kornacki back with us to sort out what happened and given us the latest results. you're watching ayman mohyeldin reports. but we also bundle outdoor vehicles with home and auto to help people save more! [ laughs ] ♪♪ [ humming ] [ door creaks ] oh. [ soft music playing ] what are you all doing in my daydream? it's better than that presentation. a lot better.

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here in new york city the democratic mayoral primary is now clouded with confusion after an error in the tabulation has prompted officials to remove preliminary results from the election's website hours after posting them. here to break it all down for us our own steve kornacki. steve, help me make sense of this. how did this happen? give us a sense of what happens and when will we know the results? >> how did this happen is the question everyone wants an answer to and the new york city board of elections which, we have to say, has a history of making these vote tabulation processes overly complicated, overly drawnout and error strewn. they said there was an error yesterday when they were releasing an update on the results.

what they were trying to release was not the full results. it was an update. they've withdrawn it. what you see on the board right now are the numbers you saw a week ago. remember how this is all playing out in the democratic mayoral primary. what you see here are the votes of people, the first choice votes of people who went out and voted on primary day last week or who had voted early. there's ranked choice voting and mail-in voting in new york city. the things that we're waiting for, the sequence the new york city board of elections says this will play out, the first thing they're going to do, soon, they're going to play through with the votes we have right here -- they're going to play through all the different rounds of ranked choice voting where they take the lowest performing candidate. they reallocate the second choice votes. they run it again, lowest performing candidate gets

reallocated. they keep doing that until they have two candidates left and one them off one more time. those two candidates against each other. they will release some time maybe in the next few minutes, few hours, again, maybe tomorrow -- we're hearing all sorts of conflicting things. they're going to run through these numbers and so you how the ranked choice rounds would play out with these candidates. but keep in mind when you get those numbers in the near future. those are not going to be final numbers because there's also, as i mentioned, mail-in ballots, mail-in voting. about 15% of all the votes cast in this election will be cast by mail. there's 125,000 mail-in ballots. the deadline for those to get to officials was yesterday. they are not going to start incorporating those 125,000 mail-in ballots into these numbers and into those ranked choice rounds until next week. and they may not get through

them all next week. we're going to start to see what they've got next week. it may not be until the week after. we're talking july 12, july 13, somewhere in there. it may not be until the week after that that we start to get official results. again, the numbers that you see right here, some time in the next few hours, maybe the next 24 hours, you're going to see them run through all the different ranked choice rounds. whenever you see that, that's not final. you still have 125,000 mail-in votes that haven't been factored in and will not be factored in until the next update, ayman. >> all right, steve kornacki, trying to make some sense out of this for us. incredible. thank you, my friend. more now on one of our top breaking news stories this hour, the death of donald rumsfeld. former president george w. bush issuing a statement on his

passing saying a period that brought unprecedented challenges also brought out the best qualities in secretary rumsfeld, a man of intelligence, integrity and almost inexhaustible injury. he never paled before tough decisions and never flinched from responsibility. he brought needed and timely reforms to the department of defense along with a management style that stressed original thinking and accountability. as commander in chief i especially appreciated how he took his job personally and always looked out for the interests of our service men and women. he was a faithful steward of our armed forces in the united states of america is safer and better off for his service. that wraps up the hour for me. i'll see you back here tomorrow at 3:00 p.m. eastern. "deadline white house with nicolle wallace" right after this break. ace" right after this break

hi there, everyone. it's 4:00 in the east. just in the last hour the house of representatives vote largely on party lines to establish a select committee to investigate the january 6 attack on the capitol by trump supporters. there will be a lot of analysis on the politics of today's vote. right-wing spin will speak of its lack of credibility. don't follow that shiny object out the window. this is a powerful investigative body. it will have subpoena power just like the benghazi committee, the select committee will have power to get emails, records for