and long journeys across the world! but most importantly? they give us something to eat when we drink beer. planters. a nut above. with downy infusions, let the scent set the mood. feel the difference with downy. they give us something to eat when we drink beer. good to be with you on this labor day. i'm lindsey riser. for millions from new jersey to new orleans, today means digging out of a disaster on top of a disaster. in southern louisiana, hundreds of thousands remain without power in what feels like hundred degree heat. eight days, by the way, after hurricane ida. while they're slow but steady progress in new orleans, elsewhere the damage is so severe workers can't even get in yet to make a full assessment.

hampering efforts further, forecasters are warning of more rain. one to two inches an hour in the hardest hit areas with the risk of more flooding. and power company is warning it could be the end of the month or even october before the power comes on for some folks. of course, that's for people whose homes are even still standing. >> right now our government and our response capabilities are on life support. we rely on generated power. of course, to have generators, you have to have fuel. fuel is short because our refineries, two-thirds of our refinery tap capabilities were knocked out. >> and seven louisiana nursing homes have been forceded to close immediately after they evacuated nearly 850 elderly residents into one crowded warehouse. where the generators failed. the health department says at least seven people have died since that move. in the northeast, many are

just beginning to wrap their arms around the full scope of wreckage from the remnants of ida. a one in 500-year flood that clobbered it is yuz in towns in new york, pennsylvania, and new jersey. the mayors and congressmen of those states tour some of the damage. and president biden issued major disaster declaration for parts of new york and new jersey. he'll visit the region tomorrow. >> joining me from louisiana, nbc news national reporters vaughn hilliard. from new jersey, gabe gutierrez and from washington, nbc news white house correspondent kelly o'donnell. we're going to start with you. you're in louisiana. let's put up a map to give viewers a sense of where you r so the temperature, vaughn, it's about 90 degrees there. it feels like 100 with the humidity. i saw report earlier from you. there are ferrying fire trucks across the river because the bridge is gone. how is the response going?

>> yeah. you know, the temperatures have actually decreased significantly from this morning here. because of the overcast and it's rain throughout the morning here. it is bringing the temperatures down. but when you look at laffit, what you see when you go overhead, essentially is a swamp like atmosphere here. you can see the gentleman here driving through the rain waters that exist here. it is a mud swampy area here. this man with his ford was able to get through here. clearly knows the roads better than others around here. we actually just an hour ago watched a power line truck go right into the water. essentially they thought they were on the street but went right into the field tipping over here. and those are the situations which folks are dealing with here. this is an area. there is no levee to protect them. i just got off the phone with the mayor five minutes ago. he said, please, extend the levee over. of course, after hurricane katrina, the levee was extended.

but you see a community like this hit hardest than it's ever been hit before. [ no audio ] question marks of how do they even begin to clear out this water and this mud? you said, they are moving fire trucks over the national guard is via essentially a boat over to another town that is inaccessible by road, by bridge any longer here. this is a tough and long haul ahead here. people continue to try to clean up this mess but also they're dealing with the weather that is ever complicating this. >> thank you. gabe, we want to go to you now. i said you were in new jersey. you're actually in queens. you were in new jersey where that tornado hit. now you're east of manhattan here. talk to me about what you're seeing. i know in queens there were a lot of those illegally converted basement apartments which flooded and some people died.

>> hu, there lindsey. a tornado was in southern jersey in manville. the issue is flooding. we've been there for several days and have been documenting the destruction there. we just moved to queens and new york city which has seen 13 deaths so far. many of them in flooded basement apartments. actually some video just released by the nypd shows a heartbreaking scene. officers diving into one of those flooded apartments trying to rescue a family. they actually had to wait for specialized rescue teams because it was live electricity. there was rising water. and they had to wait until the fdny arrived sadly when they finally did, the family, three people had actually drowned. but here in this neighborhood, there was also lots of water, just came at a staggering rate. we actually just spoke and have here at the a woman that lives inside this building. and you actually barely survived the floodwaters as you were telling us earlier. what was it like and how much water came down so quickly?

>> it was frightening. i never experienced anything so frightening in my life. i really thought that i was going to die. i thought i was going to drown. the water was way above my head. about a foot and a half over my head. every time i went down to touch the ground, i, you know, really became shocked. i was in shock. >> and if you can just show us lindsey, she was showing ushgs the basement is right over there. and she was trapped inside and had to break that window. tell me -- >> there is a window that my son had to rescue me from. >> your son. >> my son. >> he actually came out and so -- when the water was rising, you had to shut doort to keep the water out. how terrifying was it to be down there and see that water rising so quickly? >> i can't even explain it. we had to remove the window entirely. the door would not open. there was no way to escape.

this was the only means of escape. and i was feeling nervous, afraid, anxious, all kinds of emotions at the same time. i really didn't know if i was going to make it. i really, for the first time in my life thought that i wasn't going to survive a situation. i've been through many situations, many ordeals. but nothing like this. >> and, you know, the mayor of new york city said that he things need to change. there needs to be an early warning system. there has to be better evacuation procedures for basement apartments like this. what do you think needs to happen in order to prevent this from happening again? >> i think the city needs to allow us to have two exits and two entrances in every home. that especially is located in a flood zone area. i think that these outrageous prices that they're charging to be able to put another door is -- has to stop. they have to allow us to do

this. just for the safety of our lives. >> thank you for speaking us with. i really appreciate it. lindsey, again, one of the residents here that had to struggle to make it out of that basement apartment. something that so many people here in new york city had to deal with. again, the full scope of the destruction is still being assessed here and the cleanup here and in new jersey is underway with the president set to visit this region tomorrow. >> kelly, the president is going to be visiting the region tomorrow. he's in delaware right now for the long weekend. what message is he going to bring to people like her? >> certainly after hearing and seeing evidence of that human drama and loss, that's what the president needs to see and needs to connect with. and the message he intents to bring one is of the federal government wk the people who

have been affected now and for a long time to come as they rebuild cleanup and try to put things back together. so that is the message we expect the president to offer. it is important to have that on the ground personal connection. he'll be in new york and new jersey. able to see both in person from a ground level as well as aerial tour of some of the damage and the scope of it. which i'm sure our colleagues who have been covering there, it's always so much more overwhelming when you're physically there. the pictures are dramatic. they never really do it justice. and so for the president and his team, that's important as well. today a very different feeling. the president has been at his home over the weekend in delaware. the holiday weekend obviously with work to do as well. he made a stop very different in nature. he stopped at an iebw union in will ming son where he was able to greet some of the union noebz day being labor day. and he's due back here at the white house later this evening.

lindsey? >> all right. kelly o'donnell, gabe gutierrez and vaughn hilliard, thank you. >> i want to welcome in craig fugate here. the craig, good to he soo you. thank you for being with us on this holiday. the in southern louisiana, the good news is the levees held. the bad news among other things, power grid really got decimated there. and few people are more knowledgeable than you are about how to respond to these type of things. how would you assess everything eight days in? >> well, we're about where i would expect us to be. and this is the hard part. search and rescue is complete in louisiana. it is getting the power back on. that is going to drive a lot of the response outside of the areas where you had significant damage to homes and businesses.

the devastation on that one scene is across much of the state closer to the gulf of mexico. those areas are going to take years to recover from. >> and in an interview with "the washington post," you said you never seen a summer with this many crisis. you give some concrete examples of what we need to change. you say coastal cities should develop alternative evacuation plans and build comfortable well equipped shelters, stronger levees and homes at the edge of forests can remain safer with flameproof building materials. you say it's expense itive. but it's a choice between spending now and spending more in the future. we have the massive infrastructure package. president biden and democrats want to spend now. but we saw massive investment after hurricanes katrina and sandy. so is what you're seeing so far in the package enough? you know, it won't be first down payment. i think people need to understand that this isn't just a communities that have been

hit. this is most every community has risks from extreme rainfall events. as to one single we're seeing climate that's happening now. the climate change has already changed. extreme rainfall events are occurring. but with tropical and nontropical systems. it's generally the one communities are least prepared for. we're seeing the wildfire problem off the scale. and think about it, everything we have felt this is based upon past extreme weather events. so we're having to change in real time as these vents occur. communities have damages but reduce the impact and help communities get back on their feet. but that means we have to change a lot of things we've been

doing. and it's not going to be easy. some places we may not be able to rebuild. some places it's going to be much more expensive to rebuild. i think this is where the federal government really has to work with the states on how do we pay for this so we don't create haves an have notes and create a situation where people are displaced because of lack of affordable housing and have to leave communities and we lose our workforce. >> that is an important point. craig, 30 seconds left with you. if these disasters continue at this pace, will fema be able to keep up? >> you know, fema will will keep going. it's not just fema. it's our states and federal partners. but the cost to the taxpayers continues to go up. >> yeah. >> and the infrastructure bill will help reduce future losses but this is not going away. >> we appreciate your time today. thank you so much. >> thanks for having me. >> still ahead, as the u.s. surpasses 40 million covid-19 cases, a new possibly vaccine

resistent variant emerged. also uncertain future. unemployment benefits expire today for seven million americans. how will they make ends meet as the delta variant stymies economic growth? and later, ripple effect. after texas passes a law effectively outlawing abortion, six other states could be ready to follow their lead. x other st to follow their lead dad, it's a video call. hold the phone in front of you. how's that? get...get mom. [ding] power e*trade gives you an award-winning app with 24/7 support when you need it the most. don't get mad. get e*trade and start trading today. hi, i'm pat and i'm 75 years old. we live in the mountains so i like to walk. i'm really busy in my life; i'm always doing something. i'm not a person that's going to sit too long. in the morning, i wake up and the first thing i do is go to my art studio. a couple came up and handed me a brochure on prevagen. i've been taking prevagen for about four years. i feel a little bit brighter

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turning to the coronavirus, with the delta variant running rampant, the u.s. passed 40 million cases of covid-19. of as cases climb, hospitalizations are up, too. oregon and idaho have joined a growing list of states running out of icu beds. and now health officials are keeping an eye on a new strain, the new variant. its not even tig concern in the u.s. it is said to be more resistant

to the vaccines. joining me to discuss is our medical contributor and former obama white house health policy director. doctor, thank you for joining us on this labor day. you know, we know delta is dominant. cases of the new variant have popped up. in california, texas, florida, here in new york. how concerned should we be about this new strain? >> yeah. lindsey, i'm always concerned when we see variants and there's a thought that world health organization talked about which is that this variant could evade immunity. the vaccines are effective. they still are effective, but a threat like a new variant is just what we don't want when we're trying to get the entire country vaccinated only to find a variant escaped that vaccine. it's concerning. but over 99% of cases are from the delta variant. >> are we seeing any signs that the outbreaks from delta can taper off? are we reaching a plateau? >> we are. and that's good news. it's amazing.

even though this variant is so much more infectious, it is holding. the we have a 40-60-day valley up and then a peak. and we're getting right into that time period. and we're seeing peaks and plateaus around the country. you mentioned oregon and idaho:we do have parts of the country where cases are going up. but overall, the growth from week to week is plateauing. and that signals the beginning of what we hope is the decrease, the x factor is labor day reopening and we know we're getting new cases. >> yeah, and football season and people just wanting to get back to normal. >> all of it. >> white house chief of staff reacted this weekend to a "new york times" report that health officials were urging the administration to slow down with boosters. let's listen. >> what we said was that we would be ready as of the 20 aj, the senior science team projection when the fda would clear the boosters. i would be absolutely clear. no one's going to get boosters until the fda says they're

approved until the cdc advisory committee makes a recommendation. >> you know, there seems to be a lot of confusion about boosters right now. why is that? should people that have been fully vaccinated feel they're protected? >> yeah. people who are fully vaccinated should feel like they're protected. i do. and i'm also exposed to people with covid-19 on a daily basis. >> you were one of the first to get one. >> yeah. i was. i'm very excited to get a booster by the way. but i got moderna. but, yeah, they are effective. they work. people vaccinated should have confidence in them. i think what ron is referencing on the heels of the trump administration where we saw very direct interference, even what we know of and a lot we don't know about, we're all very skeptical. the confusion comes from this duel message, get the vaccine, get the vaccine, trust the vaccine, by the way, there is data where you might need boosters. those are very confusing

messages. i think it points to the fact that i've never seen so much science emerging on a daily basis that has to be translated immediately into policy. the message is confusing. bottom line, get vaccinated. if you're not, and then if you are, get your boosters when it's the right time. but don't be scared. st your vaccines are holding up. the boost is so that we keep them holding up. not because they're not working right now. >> okay. great advice doctor. always good to see you. thank you for your time today. >> thanks. today 7.5 million americans are losing federal unemployment benefits. the federal financial life line put in place at the start of the pandemic is set to expire. even as this delta variant continues to surge. millions of struggling families are now wondering how they're going to make ends meet. but businesses are hoping it could spur a return to work at a time where a record 10 million jobs are open. economists warn that the hiring boost could be oversold and that the cuts could lead to as much as $8 billion in reduced

spending in the months ahead. joining me is our correspondent. what does the future look like for these families? >> well, i hear this word time and time again. uncertain. and that can be a very scary place to be in. now advocates for the stop the benefits will point to as you mentioned, the more than 10 million job openings across the country. and walking up and down the street in studio city, california, you'll find the help wanted signs in the windows. research we are the heritage foundation saying it's hard to justify having a program that is encouraging people not to work at the same time employers are struggling to keep their businesses going. some say the abrupt stop won't push people back to work. we saw 26 states end their federal benefits earlier this summer. and a study showed that only one out of every eight workers who lost benefits ended up getting a job. that is something we'll hear echoed from the unemployed and

then talking to some of those people, they'll say it's not that they don't want to work, they do. of one woman i spoke with says she got a part time job while trying to revive her small motivational speaking business, her husband, a master welder is about to face his third layoff. this pandemic continuing to stifle the opportunities. listen here. >> we don't ever accept it happening. months ago we were thriving. two earner home, household, both of us working successful, this pandemic has been a rude awaking are for all of us. has significantly altered the panel of her life in a way that we didn't anticipate. >> some xmests say this benefits will impact those losing the benefits themselves. it will will impact consumer spending. possibly millions of dollars worth. lundcy? >> emily, thank you so much for that reporting. still to come, how

supporters of of abortion rights plan to fight back against a texas abortion law that turns bystanders into bounty hunters. plus, a new statement from the justice department outlines how it plans to protect women seeking an abortion. that's next. o protect women seeking an abortion. that's next. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. trelegy for copd. ♪ birds flyin' high you know how i feel ♪ ♪ breeze drifting on by you know how i feel ♪ [man: coughing] ♪ it's a new dawn, it's a new day... ♪ no matter how you got copd it's time to make a stand. ♪ ...and i'm feelin' good ♪ start a new day with trelegy. no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier

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the justice department will not tolerate violence against anyone trying to get an abortion in texas as they look to challenge the state's new total

ban. attorney general said the doj will prioritize enforcement of a 1994 law that bans threats or intimidation against anyone seeking reproductive health services. will provide support when an abortion clinic or reproductive health center is under attack. we reached out to u.s. attorney's offices in texas and across the country to discuss enforcement authorities. they're considering introducing bills similar to the texas law. joining me now from austin is our roert. texas is home to a lot of big companies. we haven't seen a ton of bug corporate pushback to this. why is that? >> abortion is one of the most politically and emotionally charged issues in this country. del and american airlines, two of the biggest employers here in

texas were quick to speak out about those voting laws. but they've been quiet about sb 8, other big employers here, at&t, oracle, phillips 66, all declined to comment on this. these are companies that participate in international ail women's day. but hesitant to speak out about the reproductive rights. bumble and match, dating apps, they're female led and texas based this he came out against it and created a relief for employees. and lyft and uber, the ride share apps, lyft general counsel was on cnn this morning to talk about their decision to do that. let's listen to what she had to say. >> we were also hearing from drivers that are very concerned about what this means for them. are they under an obligation to monitor where the riders are going and why? and so we both want to come out strongly and support of a woman's right to choose. as well as make our drivers feel

okay. we did not want them income this untenable position of not knowing whether they're behavior is okay or not. >> she acknowledged this is a controversial decision. they may lose customers. they stand by it and say they think it's the right thing to do. lindsey? >> thank you for that reporting. and with me now is alexis johnson, the president and ceo of planned parent hood. talk about more what the biden administration and congress could be doing. >> yeah. absolutely. first of all, we welcome the department of justice's effort to protect producers and health centers in it texas. this provision is incredibly important. and, you know, as the president said, with his whole of government approach, you know, this is an administration who firmly believes and sports our ability to make decisions about

our own bodies. and pledging to use every tool at their disposal to prestore access to abortion is incredibly important right now. so we really welcome the department of justice and we believe that there could be more of that that the administration as well as congress can engage in now. >> they say money talks. what does it say to you. >> you know, i you this they may be silent from a corporate level. but i guarantee you their employees are having the conversations. and they'll be turning up energy inside. people understand that what is happening right now is unbelievably unconscionable. i really applaud the efforts of lyft and bumble of standing with their drivers. but also kind of recognizing the fact that this kind of law this law that empowered essentially vigilante justice not only doesn't protect people seeking access to abortion but it really

implicates everyone who works with them as well. so i do think that, you know, the more that corporations can use their bully pulpit and the more that people inside of those corporations can demand accountability and values from the people that they're working with, i think that will go a long way. >> we know this new law is forcing some women to become so-called abortion refugees, traveling in neighboring states. some have the tough reinstructions to seek an abortion. when we talked over the weekend, some clinics new mexico were booked for the next few weeks. how much worse do you see it getting? >> i mean, there is a provider response. planned parenthood and the many independent abortion providers. the abortion funds have understood that the implications of this law on largely low income women, largely black and brown women in the south in texas would be really so

challenged. so we're making sure that people have access to get out of state and of course it's only going to get worse. we're asking people to travel through a pandemic hundreds of miles outside of their, you know, of their homes. and, you know, we'll need to take off work. they will need to get chuld care. they will need to do every they can in order to identify another place. look, when this law went into effect, when this law assigned, there was a lot of confusion on the ground. we had a pausht who actually took a ride share from texas to l.a. we know what's not going to happen is people not seeking access to abortion and we're prepared to stand with patients and make sure they get to where they need to be. >> thank you so much for joining us today. >> up next, evacuated from

afghanistan. the first reports of americans fleeing by land. the taliban claims to have taken control of the whole country. as we approach 20 years since the september 11 attacks, a trial is set to resume for the alleged mastermind and four co-conspirators. stermind andur co-conspirators. like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you.

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this is a gamechanger, who dares to be fearless even when her bladder leaks. our softest, smoothest fabric keeping her comfortable, protected, and undeniably sleek. depend. the only thing stronger than us, is you. ncht the u.s. carried out the first evacuation from afghanistan since u.s. troops left the country a week ago. a senior state department official says four americans got out by land. they didn't say where they went. the taliban were aware and didn't try to stop them. this comes as the taliban is keeping several planes chartered to carry hundreds out of the northern city of the area from taking off. the taliban spokesman says they were grounded because the airport is not active. republican congressman says the taliban is holding people hostage. the white house denies that's the case.

some of the waiting to leave are teenage girls who work with a group called ascend. they coach young afghan women through athletic based leadership training. founder wants the u.s. to do more to help get them out. >> we heard nothing from u.s. government officials. i wish we heard something. we don't have a line in to know what the u.s. government is or isn't doing on our behalf. we're trying to be patient and hope and trust that our government will pull some kind of levers with these people that they have been negotiating with for a very long time in doha. >> joining me is retired four star general barry mccaffrey and former adviser to the supreme allied commander. there has to be some levers that can be pulled to get the people out. what should the u.s. government do? >> well, lindsey, the u.s. government is negotiating, obviously. you already mentioned that with the taliban. one of the things, of course, the biggest thing the taliban

wants is international recognition and with that some money. so we have leverage over the taliban. the u.s. government, the entire international community needs to tell the taliban if they do not open international airspace to planes, then the whole rest of the negotiation is off. i mean that needs to be done urgently. and then there is the second issue of getting people out which frankly i agree with your ascend of ceo, we need the u.s. government to get involved in getting planes in there and flying people out. there are a lot of more detailed reasons for that. but only governments can do this effectively and quickly and really have the money for it. >> general, let's turn to the report of four americans evacuated by land. how difficult is it to gefr over the border by land? >> i think it's chaotic here for the next six months to a year. my guess is that taliban will let u.s. passport soldiers out.

maybe they'll try to get something for them. but by and large, any americans remaining should -- we'll see them trickle out in various functions. i'm more pessimistic than evelyn who knows a lot about this subject. i can't imagine why the taliban will facilitate the loss of hundreds of thousands of their best educated citizens, particularly those with sensitive backgrounds who may have been intelligence officers or even the so-called -- will they actually approach a taliban, explain the credentials and working with americans and as mentioned ago, i don't think so. do i think what we're going to see is what we've seen in other situations in the coming years, millions will flee taliban and their oppressive regime. >> the bud enadministration will

do whatever they can to get them out. does that mean acknowledging them as a government. they have to recognize the taliban. that is clearly something that they're struggling with. we've heard various comments coming out of the white house to that effect. they need to negotiate something with them right now. they do control the airspace and airports at the moment. think don't want to let this however they don't doesn't want it to occur. they don't control the rank and file. and there will be events. and hundreds, personally hundreds of afghans. they're going transport. american citizens and a lot of government officials working

with patriotic and concerned american citizens have moved these people to safety. it costs money to keep them in safety. and they can certify people. but we promise the afghans, these people who have the visas, who are qualified for the visas and the paperwork is not done yet. we would help them come out and resettle in the west so that they wouldn't be killed out of revenge. we owe it to them. there are pregnant women in this group. one i know of who is 7 1/2 months pregnant. breech birth. p i heard another account of triplets being born very recently. i think overnight somewhere in hiding. so the situation is dire. and the u.s. government needs to use whatever leverage it has now. >> we know the secretaries of state and defense are in doha, qatar. there is no plans of meeting with the officials from the taliban. there are conflicting claims about who controls the province. it is believed to be the last one not under taliban control. the taliban claims to have captured it. there is this national

resistance front. that is led by the u.s. team after the september 11th attacks. he sweeted he is safe and the spokesperson tells nbc news he is still in afghanistan. how much trouble could this group potentially cause for the taliban? >> it's hard to say. in the last it rags of this internal giant tribal struggle between the rural taliban and the others, they held out permanently. i don't think it's going to happen this time. i think the taliban have such an irresistible force now embolden by the military equipment that fell into they're hands of the afghan security forces, it looks to me just from watching on the video feeds from the region,

they actually got it back already. these are 40 years of violence against russians and then against the karzai government. there are a lot of turmoil. this is not going to be a very responsive government. i don't think we have almost any leverage. the pakistanis do. the chinese do. we'll have to be support you have of the refugee outflow. that's our principle goal, it seems to me. >> general barry mccaffrey, thank you both for your expertise this afternoon. we appreciate it. >> 20 years after the worst terror attack in history, the five men accused of helping carry it out will finally face trial. why it took so long and what to expect. why it took so long and expect

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cuba. but the trial for some of the most high-profile accused terrorists is ongoing and is actually only just resuming this week. the defendants include khalid shaikh mohammed, the mastermind behind the operation. joining me is national security and intelligence couldn't ken dilanian and professor of alabama law school joyce vance is here. tell us more about the details of khalid shaikh mohammed and his role in the attack and why this trial has taken so long. >> reporter: there was a failure due to political opposition. they created from scratch and that's one of the reason for the delays. every rule is argued over for hours and days and weeks and we're in the ninth year of these

pretrial hearings. all the fbi agents and support personnel have to get on a military charter and the secrecy, defense lawyers say they still don't have access. ksm was the mastermind and has confessed to this. he said he planned 9/11 from a to z. he pitched it to bin laden and was captured in pakistan and taken to sites where he was tortured and water boarded a number of times and he confessed to involvement in all manner of terrorist attacks. and some of those confessions are under challenge because of the nature of the trem. he will be in the courtroom

tomorrow where i will be for these procedural hearings, but, look, the bottom line here is there is no end in sight, no trial date even set. it costs $13 million a year per prisoner to operate the prison. while president biden has talked about closing it, there's a $50 million expansion ongoing a few yards from where i'm standing. it doesn't look like it's going to close anytime soon. >> joyce, president biden, as ken mentioned, promised to close guantanamo bay. ken's reporting many of the prisoners there can neither be charged nor released. why is that the case? >> it's a very complicated situation because of the national security concerns. early in the obama administration then attorney general eric holder made the argument that these defendants should be charged in federal criminal court in manhattan or wherever else jurisdiction existed.

he argued the constitution and the rule of law were strong enough to deal with these situations. but that drew enormous opposition, some of it very practical. politicians on both sides of the aisle in new york were concerned using the federal courthouse in manhattan would turn it into a target for additional terrorist attacks. very concerned about traffic snarls in manhattan if that courthouse were used for that part of a proceeding. they were returned to the military tribunal process which, as ken explained, has to be built up from scratch. it was revamped during the obama administration. we're talking about processes that occurred decades ago. if you add to that the evidentiary concerns layered on top of this, now what defense

lawyers are able to see and that means there will be constitutional issues. that means there are many defendants whose situations still have to be evaluated. it's a big snarl at this point. >> whether a jury should hear that testimony. interviews after they were tortured. is there any legal precedence for this? >> so one of the big issues here is whether or not doj is able to -- i shouldn't say doj, whether the military tribunals are able to cure the interrogation procedures used in talking with these defendants while they were held at cia black sites.

they were reinterviewed in 2007 by clean teams months after they left custody, prosecutors have said that testimony should be admissible. they have argued they were conditioned through years in cia sites and through what they have characterized as torture have said they were conditioned to respond. >> thank you both so much for your time today. "deadline white house" is next. has plans built just for you whether you need a single line or lines for family members, you'll get great value on america's most reliable 5g network. like 2 lines of unlimited for just $27.50 a line. that's our everyday price. plus, our plans always come with unlimited talk, text and data included. so, switch to t-mobile and get 2 lines of unlimited for only $27.50 a line.

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with a fresh face for a fresh start. for a limited time get a 5th cartridge free. hi there, everyone. happy labor day. it's 4:00 in the east. with republicans now traipsing into the arms of the most extreme elements of the gop base with the law that all the bans of abortion in texas and turns neighbors and friends into bounty hunters, the question is this, what are democrats going to with their control of the u.s. house of representatives, the u.s. senate and the white house to protect reproductive freedoms not just for the women of texas but for all the women in this country? that is now the critical legacy making question for the party and for the biden administration as we head into the final months