>> so i picked the eagles to beat las vegas this past week, so i'm probably not the best person to ask. we'll see by the end of the year. >> it sounds like you're saying, eh, 51% chance, but i'm not going to put money on it. it's tough being an eagles fan, i get it. thank you, dr. offit, i appreciate it. msnbc coverage conditions right now with mr. geoff bennett. it is great to be with you. i'm geoff bennett. as we come on the air we're hearing for the first time directly from investigators in new mexico looking into that deadly shooting on the set of the alec baldwin movie "rust." we're still a ways off from any possible charges being filed but the news conference by the santa fe sheriff and district attorney was the first detailed

accounting of what happened in the moments before and after baldwin pulled the trigger, killing the director of photography and wounding the doctor. we know assistant director dave halls granted the gun from the cart, handed it to baldwin, and yelled "cold gun" indicating the weapon was safe. but the affidavit of a detective indicates the weapon was loaded instead. >> we have collected 600 items of evidence, these include but are not limited to three firearms, approximately 500 rounds of ammunition, and several pieces of clothing and accessories. we believe that we have in our possession the firearm that was fired by mr. baldwin. this is the firearm we believe discharged the bullet.

we also believe that we have the spent shell casing from the bullet that was fired from the gun. the actual lead projectile that was fired has been recovered from the shoulder of mr. souza. the projectile was recovered by medical personnel where he was being treated and turned over to the sheriff's office as evidence. we regard this specific spent casing and recovered projectile to be the live round that was fired from the revolver by mr. baldwin. we have recovered what we believe to be possible additional live rounds on set. >> much of the attention in recent days has focused not only on baldwin and that assistant director but also on the film's firearms specialists also known as an armorer. court records show the gun baldwin used was one of three that the armorer, hannah

gutierrez reed, had been set on a cart near were the scene was being rehearsed. joining us is msnbc's yasmin vossoughian and former u.s. attorney barbara mcquade. yasmin, what did the sheriff and d.a. have to say? >> nbc has obtained a copy of a search warrant. first and foremost are interviews with hannah gutierrez reed, the head armorer. she's only 24 years old, this is only the second job she's had as head armorer on set, her experience coming into question. the interview -- i'm reading

directly from my phone on this, i'm just getting this in -- she checked the dummies and ensured they were not hot rounds. the affiant learned the firearms were taken back and secured inside a safe on a prop truck on set. during lunch she stated the ammo was left on a cart on the set, not secured. gutierrez also advised the ammo was also kept inside the prop truck. there's a search warrant out, by the way, for the prop truck. she stated the firearms were pulled out of the safe and handed to her. she advised there were only a few people who had access to the combination safe. hannah advised she handed the gun to alec baldwin a couple of times and also handed it to dave halls. dave halls was also interviewed and he talks about the fact that he doesn't remember whether he saw hannah gutierrez spin the

drums, i guess i should say, spin the barrels of this gun to make sure there were no live rounds in the gun. so he admits maybe he wasn't as thorough with the security check as he should have been. now, two of the major headlines that we saw coming out of this press conference earlier today was in fact there was a live round in that gun. that was one of the questions that we had out there as to what actually killed the cinematographer, halyna hutchins, and we're learning it was in fact a live round. the second major headline was that there was more live rounds on the set. they recovered 500 ammunition on the set. then comes into question the culpability of this all. we heard the district attorney talk about the culpability of

gutierrez reed and baldwin. let's take a listen to the district attorney now, geoff. >> in reference to possible charges, it's too early right now in the investigation to comment on charges at this point. the investigation will continue and if the sheriff's office determines during our investigation a crime has occurred and probable cause exists, an arrest or arrests will be made and charges will be filed. otherwise we will complete our investigation and forward the whole investigation and evidence to the district attorney for review. >> if the facts in evidence and law support charges, then i will initiate prosecution at that time. i am a prosecutor that was elected in part because i do not make rash decisions and i do not rush to judgment. >> so that was the sheriff we

heard from first followed by the district attorney. there's three ongoing investigations at this moment, right? you have the investigation here ongoing in new mexico. you have the investigation coming from osha on a federal level. and you have an interim investigation being led by th "rust" production crew, they've obtained their own attorneys as well. we have a lot of answers today, it hasn't moved as fast as i thought it would be, considering all those involved, but still a lot of questions out there as this thing continues to develop. >> there's certainly a lot to unpack here. i've been reading through this search warrant here, yasmin, as you have been doing the same. lucky for us, we have barbara mcquade here to help us pick through some of these details. what do you make of what you heard from the d.a. and from yasmin's reporting? i'm still stuck on the fact that the sheriff said there were other live rounds on the set. the protocol for professional

hollywood sets is there should be no live rounds brought into an environment like that. >> yeah, based on what we've heard today, there are certainly some questions that remain to be answered that are really key. i think the sheriff and district attorney were proper in not rushing to judgment or giving opinions as to where the evidence will lead. as you say, geoff, somehow live rounds were on this movie set. we also see from the search warrant affidavit that the armorer said she checked the gun and the gun was stored in a safe until it was handled by individuals that they can't identify the chain of custody. how did that live round get into that gun? either the armorer made a mistake, she thought it was clear and it wasn't, or they have not even eliminated the possibility of sabotage, there was some disgruntled worker on this set, is it possible someone wanted to give alec baldwin or someone else a taste of their own medicine on how hard working

conditions were? we need to not make a judgment. >> walk us through, barb, some of the possible charges here and what investigators would need to prove in order to charge someone with that. >> and right now, of course, geoff, there is no evidence of sabotage, i don't think there's any evidence that this was an intentional act. it seems like an accidental act. there's a whole variety of conclusions. at the lowest end, it's a tragic accident, and no liability, criminal or civil, for anybody. there could be civil liability, which means an ordinary negligence, which means there was a duty of care and they breached it, that would be civil liability for whoever individually was involved or possibly also the production company that's responsible for the work of its employees. the higher charge would be a criminal charge. that requires a showing of gross negligence, that is, i had a very high duty of care, i was aware of a risk, and i proceeded

anyway. and so in a situation where you are dealing with firearms, something that is inherently dangerous, the level of care is much higher than dealing with, say, a bouquet of flowers or a ladder. it is a gun, so the standard of care is very high and a breach of the standard of care could, depending on the facts, could amount to a charge, what under new mexico is referred to as involuntary manslaughter. >> this gets a lot of attention because a hollywood actor is involved. there are so many other shootings that deserve scrutiny, unfortunately. good to have you with us, yasmin vossoughian and barbara mcquade. a major step by the fda, a key advisory panel giving the green light to covid-19 shots for kids ages 5 to 11. a unanimous vote with one

abstention that the vaccine's benefits outweigh any potential risks. the full fda and then the cdc could follow within days. we could be seeing shots in arms as early as next week. and we could learn more from the white house covid response team briefing which is happening this hour. joining us now are nbc news medical correspondent dr. john torres and cdc adviser and professor at vanderbilt university medical center, dr. william schaffner. it feels like almost a given that the fda and cdc will follow. are we looking at shots in arms as early as next week? >> geoff, you're right, this is a four-step process. we just went through the first step, the advisory panel. three more steps to go. the fda commissioner will probably sign off on it in the next few days or so. the cdc's advisory panel will meet, discuss who the shot should be given to, when it should be given, then the fda

director will sign off on that. if things go as expected, shots 5 to 11-year-olds should start happening. >> dr. schaffner, as you well know, in that 5 to 11-year-old age group, there have been 8,300 hospitalizations, a third of those requiring icu care, nearly 100 deaths. describe for us what a major step this will be in getting the upper hand on the pandemic, especially, you know, as families plan to gather for the holidays. >> geoff, as you have emphasized, although we have heard that -- and it's true, that children are less apt to be seriously affected than are older adults, it's not that they're unaffected. those numbers that you're giving are very serious. for those families, it was 100%, when their children died of covid. but there are many, many parents that are looking forward to this decision. they're ready to have those 5 to

11-year-olds vaccinated. there are other parents who will be holding back a little bit and waiting and trying to get more information and talking to their pediatricians, which is certainly what i suggest. talk to your pediatrician, family doctor, health care provider, to get good advice. >> so dr. torres, let's talk about the differences between the way adults were vaccinated and the way that kids will be, both in terms of the shots, the doses, and the places where they'll actually be vaccinated. as a parent, it's one thing, for me to stand in line at a stadium, at a mass vaccination site, but i can't imagine doing that with my kid. most parents are used to taking their kids into their pediatrician's office for vaccines. >> that's right, geoff. first, this pfizer vaccine is the same formulation as the vaccine i got when i got my pfizer shots back in january/february time frame but it's going to be a smaller dose. it's a third of the dosing, because children are smaller, their immune systems are different, and that's what they

found out in human trials. it will be the same thing but just a little bit different, a little bit less. it will be in different types of models so there won't be confusion between the adults and the children's dosing. as far as where they can get it, if you remember, back in january/february, when i got mine, mass vaccination centers. i know when i was a kid, i was scared of getting shots. and the last thing i wanted to do was to have my child wait in line for hours to get a shot and seeing everybody else getting shots. so instead what they're doing, and they've laid out the plans for this, they've laid the groundwork, having it in doctors' offices and pharmacies and not necessarily in these mass vaccination centers. the hope is by getting it out there it will be more convenient and readily available. >> what about kids who have already had covid, dr. torres? do they need to get the shot too in the same way adults would? >> that's one of the big debates that's been going on, both kids and adults who have gotten covid. what it comes down to is we don't really know, we know children get limited protection

but we don't know how long that protection lasts. we don't know how the antibodies are going to produce over time. getting them the vaccine, even if they've had covid, it gets them to a baseline in effectiveness, being able to keep covid at bay. so getting the vaccination is important even if they've had covid. >> and dr. schaffner, everybody knows how toddlers can easily pick up illnesses. what's the potential timeline for them getting access to this vaccine? >> geoff, those studies are under way. we're doing it in a staged fashion, first adults, then add adolescents, then children. we hope we'll have that information by winter and we can go ahead with them. but wait and see. each time, you want to see the science before you move ahead. >> this is certainly hopeful news, great to have the both of

you with us, dr. john torres and dr. william schaffner. ahead, we're live on the ground in virginia where a brand-new poll puts the governor's race at a dead heat. plus democrats have a plan to tax the super rich to pay for their social overhaul. but can you get you-know-who on board? >> i don't like the connotation that we're targeting different people. and later, planning your thanksgiving dinner? spoiler alert, it's going to cost you a lot more this year. stay with us. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need

to unveil them to the world. ♪ (sfx: video game vehicle noises, to unvhorns beeping,) world. (engines revving, cars hitting one another.) (sfx: continued vehicle calamity.) just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet.

(music) at aetna, we're putting all other medicare plans on notice. with coverage and services that may include a $0 monthly plan premium telehealth emergency coverage while you travel an over-the-counter allowance plus dental, vision and hearing. because the right medicare plan should make you feel... yeah, like that aetna medicare advantage plans medicare annual enrollment ends december 7th. call today to learn more.

moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving.

with less than a week to go in virginia's governor's raises a new poll puts the candidates in a dead heat. the poll from christopher newport university puts democrat terry mcauliffe just one point ahead of republican glenn youngkin, well within the poll's margin of error. last night president biden joe biden campaigned for mcauliffe, tying youngkin to donald trump. >> he won't stand next to trump now that the campaign is on. >> joining us is nbc's gary

grumbacher. i think we can say it has to do with the fact that the former president isn't campaigning with him in northern virginia especially. give us a sense of how youngkin's policy proposals stack up against donald trump's. >> reporter: hey there, geoff. it is a strategy of physical separation. that's really about it. you will not hear the name "donald trump" come out of glenn youngkin's mouth, like at the event here in roanoke, he didn't say "donald trump" once. but it was a lot of his policies, a lot of his ideas, we saw maga hats on supporters in the crowd. there were a number of rallying cries from the right and a number of ideas, donald trump and glenn youngkin are very similar people, of course, they

have both been in business, they're both successful businessmen, they're also also sort of considered political outsiders but not everyone is convinced this is a race about donald trump. here is what some folks had to say. >> i don't believe that he is -- is walking in trump's shadows. i believe he's his own. it's the democrats that are trying to make that association. and i encourage people to get out and look at the issues. >> reporter: now, with six days until election day, i had a chance to ask glenn youngkin about his closing message. it really has to do with the involvement of parents in their children's schools. of course the idea of critical race theory, which really started here in virginia, in loudoun county, he said it's really about the idea of getting big government out of virginians' lives. >> gary grumbach, thank you for

that report. nowhere in virginia has critical race theory been a louder issue in schools than at a school board meeting last night. to be clear, loudoun county schools do not teach critical race theory. >> reporter: good afternoon, geoff. in recent months loudoun county public school board meetings have been a battleground for everybody from mask mandates to trans gender bathroom policies and critical race theory. some parents say a sexual assault happened in a bathroom in a public school and school administrators covered it up to advance a transgender bathroom policy. others in the school community say a lot of this is disrupters from the outside who are trying

to affect an election. >> it started during the pandemic. it was covid, it was schools shutting down. and then it was virtual learning. and then next it was masks. and then all of a sudden, it was, what are we teaching our kids as it relates to diversity, equity, and inclusion, and renaming it something called critical race theory, something we never heard of before. and now it's reappropriating it for the next issue of the day. >> reporter: the superintendent of schools here has apologized to families and victims in this case and said there was no intent to deceive anyone but they will be reviewing their practices and policies in the future. in the meantime, election day is just six days away and virginia voters are being bombarded with ads from candidates on both sides, both of them using schools as a focus point. geoff? >> nbc's catie beck in loudoun county, virginia for us. ahead, a top democrat has a plan to tax the billionaires but

will joe manchin be on board? and in arizona, what do voters there think of their senator kyrsten sinema's role at the center of infrastructure negotiations? ture negotiations with less moderate-to-severe eczema why hide your skin if you can help heal your skin from within. with dupixent adults saw long-lasting, clearer skin and significantly less itch. don't use if you're allergic to dupixent. serious allergic reactions can occur including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines don't change or stop them without talking to your doctor. talk to your doctor about dupixent. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture.

a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. find your rhythm. des your happy place.keep more of what you earn. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. - oh...oh. - what's going on? - oh, darn! - let me help. lift and push and push! there... it's up there.

hey joshie... wrinkles send the wrong message. help prevent them with downy wrinkleguard. feel the difference with downy. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now get relief without a pill with tylenol dissolve packs. relief without the water.

house speaker nancy pelosi just sent a letter to democrats updating negotiations on the president's agenda. she wrote that democrats are, quote, close to an agreement on the priorities and the top line of the legislation. this all comes after senator ron wyden released a proposal that would have billionaires foot the bill for the party's social overhaul. the so-called billionaires income tax would target the highest earners and richest people in the country. only those who have over a billion dollars in assets or earn more than $100 million a year for three years straight would be affected. wyden says it would raise hundreds of millions of dollars each year. but one key democrat is expressing doubt. say it with us, joe manchin. >> i don't like the connotation that they're targeting different people. these people invested in society, created a lot of jobs,

give a lot to philanthropic pursuits. it's time we all pull together and row together. >> this proposal would affect fewer than a thousand americans and pay for programs that could potentially impact millions of people. joining me here in washington is nbc news digital senior political reporter jonathan allen and with us from capitol hill, punch bowl news founder jake sherman. jake, our team caught up with bernie sanders and asked him how these spending talks are going and his response is, every sensible revenue option seems to be destroyed. senator manchin's opposition to the billionaire tax didn't seem very specific. is this a red line for him, and if it is, is there any other way for the democrats to find the revenue? >> it's not just manchin who is skeptical of the billionaire tax. it's mark warner, who i spoke to earlier, who suggested that it would be an implicit endorsement

of the trump era tax cuts if democrats didn't raise tax rates, which is a very fair thing to say. he's running into the wall of kyrsten sinema who has suggested there will be no tax increases on anybody, no tax rate increases on anybody, as part of this plan. you're right, there are fewer and fewer revenue options here. i've talked to people at the white house and on capitol hill who have both said the billionaire tax is all but dead. they have to be very sensitive because of manchin. now they're talking about a high income surtax. they're talking about a couple of other proposals, i don't want to nail them down yet as they're still subject to negotiation. there are a lot of priorities that need to squeeze into a bill and so many revenue options are falling by the wayside. >> and john, you wrote this

morning it's not just the politics of this billionaire tax proposal, there's also this question of whether it's constitutional. unpack your reporting for us. >> absolutely. and one thing about what manchin said, it didn't sound that definitive to me either. there's a little wiggle room, it doesn't mean he would vote against it in the final package. there are really two questions. if you go back to the original constitution it says congress can only have taxes in a way that's proportional among the states. then the 16th amendment said they could do income taxes in addition to that. the question is for these unrealized gains of billionaires, financial assets, stocks, things like that, are they income before those assets have been acquired? so they're just carrying these on paper. the other question is can an income tax be conditional on someone's wealth. that's another constitutional question. none of this has been resolved by the supreme court yet.

one important thing to remember is the democratic leadership doesn't need for it to be constitutional to pass congress. for those trying to get the build back better deal done, if that's part of the revenue piece and it comes out later, it has come out because it already became law. >> our team was talking about this segment this morning, how we were going to talk about it here on the air, and i was reminded of what senator mitt romney had to say about this. let's play the sound and talk about it on the other side. >> you're going to tax people not when they sell something but just when they own it, and the value goes up. and what that means is people, the multibillionaires, will say, i don't want to invest in the stock market because as that goes up, i'm going to get taxed, so maybe i will instead invest in a ranch or in paintings or things that don't build jobs and create a stronger economy. >> i'm going to invest in a ranch or some paintings, it sounds like a good problem to have. is he right that as an unintended consequence, it could

remake the way of stock market works? >> no, i don't think so. i would love to have a wagner baseball card without paying taxes on it. what you might see here is some change in behavior, he's probably right about that. at the same time, the ability to watch stocks appreciate, especially if you're one of these folks who owns a company like amazon or apple, you're a big investor in apple, it's unthinkable that people will buy up land and stop investing in companies, particularly their own companies. so much of this wealth is generated by the stock that's held by the founders of these companies, they're not suddenly going to divest from their own companies, tank their own companies so they can have another ranch. >> or go by a monet or something. jake, as these talks have dragged on since may, june, july, what's the level of

frustration, level of exhaustion among the members you're speaking to? we know that president biden is fed up, because just on monday in newark he said, what are we doing, what in god's name are we doing, let's get this done. >> of course they're fed up. but this is incredibly complex. they're setting artificial deadlines to get this done. that makes it difficult. there's no reason they have to get it done this week besides the president wanting a talking point when he goes to europe and glasgow. we can't oversimplify this. john is right to a degree, and i've worked with john for a long time so i don't want to say he's wrong, he's right to a certain degree here. these people, these lawmakers, ron wyden and others, are dropping complex, untested tax proposals at the last minute, and it's understandable that people are saying, wait a second, this is untested. we know that raising rates is tested, that's what richie neal, the chairman of the ways and

means committee, said to me yesterday, we have a plan we know works, raise the rates back to what they were before donald trump cut them, and don't put this new proposal out a day before you want it, or three, five or seven days before you want it passed and say this is where we're going. i do want to say one other thing. there is a lot of concern not only about the constitutionality of the billionaire tax but also of the workability. closely held companies, private companies -- rich people already know how to hide their money. so you would have to assume -- >> and they do it well. >> right. so you have to assume if there's a incentive to buy art and ranches and keep it in other sort of illiquid assets, that people will do that. it's not something out of the realm of possibility that people say, i have $100 million, i'm going to buy a painting and it's going to appreciate and i'm not going to pay taxes on that. >> jake sherman, john allen, i appreciate the conversation, guys. democrats know they need to continue to work with senators

manchin and sinema. but are constituents in their home states as understanding? senator sinema has objected to many of the proposals so far, and her constituents are taking notice. nbc correspondent cal perry, what do the people of arizona have to say about their senator right now? >> reporter: i think people are differentiating. early this morning president biden was answering questions about what's happening with the bill. that's not happening with senator sinema, she hasn't had a town hall since she was elected. for that reason i think she's receiving a lot of criticisms on both sides of the political spectrum. i want to play for you some sound. heads up, the first two folks you'll hear from are democrats, the last is a republican. take a listen. >> we voted for her to not be

march martha mcsally, and that's how she's appearing. >> she either has a fantastic game plan and she'll pull it together in a john mccain maverick kind of way. but i don't really think so. and i hope she doesn't like really screw things up because that's the way it feels. >> i appreciate the fact that she is remaining independent, thinking about her constituents, is trying to be fiscally responsible. >> reporter: for democrats, the most optimistic view is the one you heard there, maybe she's being a foil and will get a better deal. she is against tax hikes, that will affect that reconciliation bill. so much of this, geoff, and you know this better than anybody else, is an unknown. we don't know what's in the final bill. you can count on a number of people in arizona saying, we'll

wait and see what's in the final bill before we look at what senator sinema did or didn't do. >> and senator sinema, as she was leaving a meeting with white house officials, reporters asked her how the talks were going. she said four words, "doing great, making progress." cal perry, appreciate you being with us. next hour, the chair of the congressional progressive caucus, congresswoman pramila jayapal, will join hallie jackson. coming up next, the investigation into the capitol riot. the lawyer who could be facing a subpoena and the advice he gave to donald trump. and later, on trial. more than four years after a far right rally in virginia turned deadly, its organizers are going to court. loud? the cloud would give us more flexibility, but we lose control. ♪ ♪ ♪ should i stay or should i go? ♪ and we need insights across our data silos, but how?

♪ if i go there will be trouble ♪ ♪ ♪ wait, we can stay and go. hpe greenlake is the platform that brings the cloud to us. ♪ should i stay or should i go now? ♪ ♪ ♪ do you struggle with occasional nerve aches in your hands or feet? or should i go now? ♪ try nervivenerve relief from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief.

instantly clear everyday congestion with vicks sinex saline. for fast drug free relief vicks sinex. instantly clear everyday congestion. and try vicks sinex children's saline. safe and gentle relief for children's noses. for people who are a little intense about hydration. neutrogena® hydro boost lightweight. fragrance-free. 48 hour hydration. for that healthy skin glow. neutrogena®. for people with skin.

turning now to the investigation into the capitol riot. nbc news has confirmed a development first reported by

"the washington post" that the january 6th committee is expected to subpoena a lawyer who advised former president trump and former vice president mike pence on how to overturn the election they lost. his name is john eastman, seen here at the rally ahead of the insurrection. he's a conservative lawyer who advised the trump legal team. now, he wrote this two-page memo outlining a scheme to get vp pence to refuse to certify the results of the election on january 6th. let's go to nbc's leigh ann caldwell on capitol hill. leigh ann, you confirmed this reporting for nbc. let's start with who eastman is and what the committee likely wants from him. >> reporter: hey, geoff. eastman, as you laid out, was a conservative lawyer who worked well, former president. he reportedly met with president trump and former vice president mike pence on january 4, just two days before january 6, to present his plan to mike pence for him to overturn the election

results and eventually declare donald trump as the victor. now, i'm told by a source that eastman is on the list of people to be subpoenaed. and he's on a very short -- on the very short list as well. that subpoena could come as early as mid-next week and perhaps even sooner. my source also told me eastman is obviously critical in their investigation because he would fall under the bucket of the categories that they're looking into, including the pressure campaign at the department of justice. and this source compared it to the committee talking to former acting attorney general rosen as well and former trump official at the department of justice donoghue. they say this will help complete a picture, get more information of what sort of pressure there was by the trump administration and his allies to pressure not only the former vice president but also the department of justice. and it's going to be a key piece of their investigation, geoff. >> it's a good point that you

make, leigh ann, because this committee is not just focused on the deadly violence of that day. they're also investigating what led up to it, right? >> absolutely. what led up to it, also their investigation starts really in the spring of 2020, when president trump started undermining the election results, before the election even took place. so it's not just about january 6th. it's about leading up to the election, election day, and after the election, until january 6. another thing they want to look into is who financed a lot of this stuff as well. that's a key component as well. >> leigh ann caldwell on top of it all for us, great reporting, thanks so much. a preview what have to expect for the january 6th defendants. it's been four years since the white supremacy rally in charlottesville turned violent. tomorrow opening arguments in a civil trial is set to begin. the rally's victims sued the

white nationalists who organized the rally, saying they planned the attacks on counterprotesters. ken dilanian is outside the courthouse in charlottesville. ken, what can we expect when opening statements get under way tomorrow? >> reporter: geoff, this is a case about the line between speech and violence. and the question of whether people urging violence in social media and internet chat rooms can be held accountable when that violence leads to real world injuries and suffering. some of these plaintiffs who filed this lawsuit were hurt in the clashes that occurred four years ago around this unite the right rally. they are alleging that the people who organized this rally and advocated violence online before the rally are responsible for their injuries and should pay damages. and they have a trove of evidence, five terabytes of evidence, including from the platform discord, of people talking about violence. let me just read an excerpt from

the complaint. the plaintiffs say, defendants posted imagery of the holocaust, slavery, jim crow, and fascism. they also brought with them armor, shields, and torches. the defendants say those weapons were there to defend themselves against counterprotesters and they say the speech urging violence was not to be taken seriously and was protected by the first amendment. that's what this jury, which was seated over the last three days, is going to decide. opening arguments in this trial begin tomorrow. >> ken, you said the plaintiffs in this want damages. are they putting a specific dollar amount on it? >> reporter: not that we've seen. but the whole purpose of this lawsuit is to essentially bankrupt some of these far right organizations, to make them pay a penalty. even before this case went to trial, that has worked in a sense. one of the defendants, richard spencer, has called this a financially crippling lawsuit. as you said, geoff, there are implications for january 6th,

because donald trump, steve bannon, rudy giuliani, they are all defendants in very similar lawsuits using the same 1871 ku klux klan law, arguing that they were responsible for some of the violence of january 6th even though they haven't been charged criminally. that's going to go forward in this case. the courthouse behind me will be a precedent for those january 6 lawsuits, geoff. >> ken dilanian in charlottesville, thank you very much. next, why you should prepare to pay more for your thanksgiving feast. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world.

♪ i've lost count of how many asthma attacks i've had. but my nunormal to unveiwith nucala?e world. fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection-site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. if you're on medicare, remember, the annual enrollment period is here. the time to choose your coverage... begins october 15th... and ends december 7th. so call unitedhealthcare... and take advantage of a wide choice of plans... including an aarp medicare advantage plan from unitedhealthcare. it can combine your hospital and doctor coverage with part d prescription drug coverage, and more,

all in one simple plan... for a low monthly premium or in some areas, no plan premium at all. take advantage of $0 copays on primary care doctor visits, virtual visits and lab tests. also get $0 copays on preventive dental care, $0 copays on routine hearing exams, and free yearly eye exams. plus, free designer frames and prescription lenses. now's the time to look at unitedhealthcare's variety of plans, and let us help find the one that works best for you. ask about ppo plans, too. they let you see any doctor who accepts medicare, without a referral. and pay in-network costs, at home or traveling, when you see doctors in the unitedhealthcare medicare national network. take advantage of $0 copays and deductibles on tier 1 and mail order tier 2 prescriptions. in fact, last year our medicare advantage plan members saved an average of over $9,000. and with renew active,

enjoy a free gym membership - with access to the largest gym network of any medicare advantage plan. as always, you can count on unitedhealthcare to help you get the care you need, when you need it. we can even help schedule appointments or find a specialist. enrollment ends december 7th. call unitedhealthcare or go online today. we make it easy to enroll, too. enjoy all the benefits of the only medicare advantage plans with the aarp name. take advantage now. ♪ say it's all right ♪ of the only medicare advantage plans with the aarp name. ♪ say it's all right, it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ now listen to the beat ♪ ♪ kinda pat your feet ♪ ♪ it's all right ♪ ♪ have a good time 'cause it's all right ♪

♪ oh, it's all right ♪ all right. so, here is our favorite story of the day. pop tarts are under fire and no we don't mean literally. kellogg is being hit with a $5 million lawsuit alleging its whole grain strawberry pop tarts. the lawsuit alleges that strawberry toaster pastries is false and misleading, quote, because it contains mostly nonstrawberry fruit ingredients. they also have pears and apple in the filling. now the plaintiff elizabeth russert of new york claims she would not have bought the strawberry pop tarts or willing to pay less than she did had she known the truth. that's why we stick to the brown sugar cinnamon ones. kellogg told nbc news it does not comment on pending litigation. while we're talking about

food, thanksgiving is likely going to have a higher price tag this year for lots of americans. for months now, we have been tracking trends of inflation and labor shortages across the country. and one thing is clear, higher demand and lower inventory are a recipe for a very, very expensive holiday season. nbc kerry sanders has more. >> hey, jeff, the good news is that the basket you need to prepare that thanksgiving dinner, well, there are plentiful supplies if you buy early. so, you might want to make a little room in the fridge. the bad news is, well, the surprise when you take a look at how much it all costs. this thanksgiving be prepared to fork over more dough for your feast. last year as people gathered in smaller numbers, thanksgiving prices were the cheapest in a decade. but now with higher demand and lower inventory, pound per pound, gluttony is going to cost more. >> perfect storm of multiple

issues at one time within the food system. >> reporter: the nation's food supply has been hit hard by transportation costs, labor shortages and inflation. the cost of turkey is set to surpass the all-time record by the end of the year. and in north carolina, it's almost twice the price to ship sweet potatoes from the farm to your table. this holiday season fan favorite canned cranberry sauce will also cost more. those cans are made of steel. the price of which is up more than 200%. extreme weather also wreaking havoc, droughts and hurricanes impacting sugar crops and refineries across the u.s. even your holiday cheer will be pricier. >> it's a bottle shortage. it's a label shortage. a cork shortage. everything. >> have people who are coming and i have to feed them no matter what. >> reporter: how do you make sure your family's feast doesn't break the bank? try making a turkey breast instead of a whole turkey. start your shopping early.

ask guests to bring their favorite thanksgiving dish and most importantly remember it's not what is on the table, but who's around it that matters most. that's a pretty good tip. bring something that will be added to the meal so everybody can share in it. bring something more than your appetite. geoff. >> some smart ideas there from nbc kerry sanders. thanks for spending the hour with us. my friend hallie jackson is here in the studio ready to bring you the next hour of msnbc reports. you're the best, hallie. to make sure you don't run out of meds here. and with amazon prime, get refills and free two-day shipping. who knew it could be this easy? your new pharmacy is amazon pharmacy. i'll also be needing some nail polish, a bottle of champagne, and a box of chocolates. ( doorbell ) boom! because i'm keeping it casual. ( blowing )

hi sabrina! hi jen! hi. so you're the scientist here. i just have to ask. does my aveeno® daily moisturizer really make my dry skin healthier in one day? it's true jen. really?! this nourishing prebiotic oat formula moisturizes to help prevent dry skin. one day? for real! wow! aveeno® healthy. it's our nature.™ i gotta say i'm still impressed. very impressed. new daily moisture for face. everything you love for your body now for your face. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! ( sighs wearily ) here, i'll take that! ( excited yell ) woo-hoo! ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) there is no place like home y'all! and nutrients to support immune health! and these people know that there is no place like wayfair. i never thought i'd buy a pink velvet sofa, but when i saw it, i was like 'ah'. and then i sat on it, and i was like 'ooh'.

ooh! stylish and napable. okay now. i can relate to this one. i'm a working mom with three boys. [ yelling ] wayfair is my therapy. amen, kim! yup! i'm hiding from my kids, as we speak. - oh...oh. - what's going on? - oh, darn! - let me help. lift and push and push! there... it's up there. hey joshie... wrinkles send the wrong message. help prevent them with downy wrinkleguard. feel the difference with downy.

this halloween, xfinity rewards is offering up some spooky-good perks. like the chance to win a universal parks & resorts trip to hollywood or orlando to attend halloween horror nights. or xfinity rewards members, get the inside scoop on halloween kills. just say "watch with" into your voice remote for an exclusive live stream with jamie lee curtis. a q&a with me! join for free on the xfinity app. our thanks your rewards. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪

as we're coming on the air this afternoon, new signals democrats may, may be closer to trying to hash out their differences on that big social spending bill. at least that's what they're saying. speaker pelosi just out with a letter to lawmakers setting up a key committee hearing for tomorrow and saying her conference is close to an agreement where she says there is progress and where there is not. then on the senate side, you have leader chuck schumer this morning saying an agreement is within arm's length, maybe we'd even get there by the end of the day. the white house sending top staffers to the hill to meet with the senator of negotiations joe manchin and kyrsten sinema. still hoping for a breakthrough before he heads overseas tomorrow. >> is getting a deal by t