ukraine off the table for admittance into nato. not anything we are going to do anytime soon but russia wants us to make a guarantee that obviously the biden administration -- >> they're not prepared to make it. you couple that with other global issues like north korea and afghanistan, you can see where this administration is right now. >> all right. that does it for us this morning. stephanie ruhle picks up the coverage right now. ♪♪ hi there, i'm stephanie ruhle, live at msnbc headquarters here in new york city. it is january 13th, let's get smarter. we start this morning with huge news on capitol hill. house minority leader kevin mccarthy saying he will not comply with the january 6th probe. explaining his decision just moments ago. >> this is a distraction. this committee is not a legitimate committee. they don't have a legislative purpose to this.

>> committee chair bennie thompson wants to know what mccarthy talked about with trump and trump's staffers as the riot was unfolding. there is a lot we don't know, but here is what we do know, mccarthy said himself that he spoke with trump on the phone during the riot and as nbc news reported last year, it did not go well. the sources telling us mccarthy was shaken up by what happened and the republican leader telling trump himself on the phone, who the f do you think you're talking to? well, things are changed. now mccarthy is slamming the committee's probe saying their probe is an abuse of power and do not forget exactly one year ago he publicly blamed the former president for the riot and he called on the house to censure trump. >> the president bears responsibility for wednesday's attack on congress by mob rioters. he should have immediately denounced the mob when he saw what was unfolding.

these facts require immediate action by president trump. accept his share of responsibility. >> yes, under that mask that was kevin mccarthy. let's go straight to leigh ann caldwell on capitol hill and glenn kirschner former federal prosecutor now an msnbc analyst and jeremy peters, "new york times" national politics reporter and the author of the new upcoming book with the devastating title "insurgency: how republicans lost their party and got everything they wanted." leigh ann, help me out here. we know what mccarthy said on january 6th and a week later on the house floor. he then went to visit trump at mar-a-lago and has been video silent since. nothing is going to change if he testifies. why do they want to do it? to compare and contrast the two? >> reporter: part of the reason they want to talk to him is to understand why he did make such an about-face on his position regarding the former president. they note that his speech on the

house floor that you just played part of that he also told his republican conference behind closed doors or on a conference call that president trump did tell him that he does bear some responsibility and then all of a sudden after he went to mar-a-lago a week later then the tone completely shifted. that's part of what the committee wants to hear from leader mccarthy is why. now, it's clear that they don't think that leader mccarthy was someone who contributed or promoted the violence that took place on that day, but they're trying to get in the head and get closer to the former president to understand the dynamics and to understand what sort of conversations happened. now, mccarthy had also said in the past a few months ago that if he were asked by the committee to cooperate that he, in fact, would. of course, he says last night that he's not going to, so his tune has also changed on that, and this has become a very, very political thing for republicans, especially as time goes on they

aren't realizing and admitting what actually happened on that day then they are moving further from reality and tying themselves to the former president because tink it is politically advantageous for them, steph. >> what's it going to be like, though, on the hill day to day at work? it's not like mccarthy is just some former trump ally. they are going after the next potential speaker of the house. what could the impact of that be? >> reporter: yeah, absolutely. i mean, mccarthy says that that's why they're going after him, because it is political and that they don't want him to be the next speaker of the house. liz cheney the vice chair on that committee says that mccarthy is hiding something and that he is part of the cover up. so, you know, this entire committee has become extremely political and that's how republicans and how leader mccarthy is looking at it. he also doesn't want it to hurt his chances to become speaker of the house and win back the majority because really this is

the only big headline that is probably pretty good for democrats at this point. >> glen, we know that mccarthy is rejecting the request for a voluntary interview. i remind our audience hillary clinton, she sat for 11 hours during her voluntary interview over benghazi, yet none of these big tough patriots they can't seem to show up, but if the committee subpoenas him, subpoenas sound really scary but they don't appear to be these days. steve bannon, he doesn't care. what's it going to look like for a sitting congressman, anything different? >> it's not going to be a good look for the house select committee if they decline to subpoena one of their own when they know, steph, we all know mark meadows has relevant information about donald trump's conduct on and around january 6. we know that because meadows himself went on the fox television network and he said three things that make him a direct and potentially

incriminating witness of donald trump. he said, i was the first one to call donald trump at the front end of the attack on the capitol. he said donald trump said he hadn't seen t that's a dubious claim, let's set that aside for a moment. then the third thing he said was i told him he needed to put out a statement to put a stop to it and he said he would. now, based on that information, that evidence, that makes kevin mccarthy a marquis witness against donald trump because he can prove donald trump knew about it, he was told on the front end of the three-hour attack he needed to put a stop to it, and for three hours, steph, we know donald trump let officers be assaulted, let the capitol be breached, let his angry mob destroy property and hunt for elected officials. that makes kevin mccarthy a marquis witness against donald trump. >> okay. >> and the house select committee has to move to the next stage and subpoena him if he refuses to come in and testify. >> but, glen, here is the issue, not a good look, doesn't amount

to anything. and lawmakers at this point couldn't give a hoot about not a good look. not a good look means nothing if there are no consequences. >> well, there are consequences, we know, because bannon is being prosecuted, we're waiting to see if meadows is going to be prosecuted. he's been referred for prosecution, we will see what happens next with the perrys and the jordans of this sad episode, but the other thing that the committee is doing is they're giving -- they're giving mccarthy the opportunity to be part of the cover up. liz cheney said it in her statement. you know, when you have information about the misconduct of somebody being investigated like donald trump and you steadfastly refuse to provide it to an investigative body, we have a term for that, steph, it's called a cover up and mccarthy is now making himself part of the cover up together with bannon and meadows and perry and jordan. >> okay. jeremy, mccarthy isn't cooperating because of a political calculation because

trump has a hold on the party. lindsey graham said last night that he won't support mitch mcconnell, who has been in power far longer than trump, if mcconnell can't work with trump. that is very, very different from lindsey graham's position after the capitol riot. how is it that donald trump who lost the white house, lost the house, lost the senate still has such a grip on the party, career republicans who have been in office for decades? >> in one word, fear. it's the fear that republican politicians have of their voters because their voters like donald trump in most cases a heck of a lot better than they like their average republican senator or congressman, and trump has managed to hold on to the party to his grip on the party for much longer than, i think, most historians, political experts, consultants would have expected time and time again he has defied expectations. i mean, let's not forget while

mccarthy's refusal to cooperate here may seem surprising to some, in a way it's just a reminder of how little has changed. yes, mccarthy came out in the moments after september -- i'm sorry, january 6th and seemed crest fallen, devastated, shocked and he gave that speech where he could tell the memory of the assault on the capitol was still fresh in his mind and it's shaken him, but it didn't take long for him to remember where his political bread is buttered and that is with the president of the united states. let's not forget the overriding concern here for mccarthy is also that he wants to be speaker and he's got agitators from his right in the house conference who are gunning for him and cooperating with this investigation would certainly jeopardize his path to being speaker. >> except mitch mcconnell was reelected, donald trump wasn't. could trump overplay his hand here calling mcconnell a loser, now sending far right candidates

to challenge his own party? we should remember joe biden didn't win with america voting for him, he won with america voting against trump. >> right. and i think, you know, there is a risk -- that's a really good point because trump does run the risk of really putting some distance between himself and his base. i think right now the trump base is actually further to the right than trump is on a lot of stuff. i mean, look, he got booed the other week when he told people to get their booster shots. i think there are certain ways like that in which he is out of step. how much that ultimately matters, you know, we'll see. this weekend he's going to arizona and he's holding a rally with exactly the type of candidates that you were just referring to, far right conservative pro-trump republicans who are vying for a number of offices from governor down ballot. so those races will be key

indicators of how strong he remains as a figure in the party. >> arizona where they brought in the cyber ninjas. they did an audit, audit, recount and still joe biden won. the big lie died there or should have. leigh ann, glen, jeremy, thank you. just a few hours from now president biden will head to his old stomping grounds on capitol hill to meet with senate democrats who may have figured out a way to actually get voting rights legislation on the floor by monday, but that is a far cry from actually getting it passed. let's find out where we are and bring in kelly o'donnell at the white house, senior capitol hill correspondent garrett haake and geoff bennett, chief washington correspondent for pbs news hour. kelly, what is the point of the president's visit to capitol hill today? we have to remember with the filibuster it is not all or nothing, there is a little wiggle room here. >> reporter: one of the most powerful things a president can do is use personal persuasion, look colleagues in the eye, these are some who served with

him when he was a senator, people he has worked with closely, certainly he is the head of the democratic party and when he has no direct power here he can't change the senate rules or enact legislation himself, going to their turf, going down pennsylvania avenue to visit with democratic senators in their weekly meeting, their luncheon, to have these conversations is the best joe biden is really do in terms of trying to close the deal, to make that final argument. he's used the bully pulpit in atlanta, he's been working the phones, he's trying to make the argument. now, there is a lot on the line for him politically, he is trying to make the case that this is an issue, voting rights protections, and there are a couple of different bills and how that will all happily leave for garrett to handle, but for the president it is also about a marker for what does his administration stand for, what is his legacy when it comes to defending democracy? he has linked it to the january 6th kind of conversation you

just had. our colleague, craig melvin, had a chance to sit down with vice president kamala harris and to talk about these issues and the challenges of trying to convince senate democrats to change the rules in order to get to voting rights. here is part of their conversation. >> why has the administration not been able to get senate democrats on board? >> we are not giving up. >> yeah, but the question was why has it taken this long? >> you're acting as though it's over. >> i mean -- >> it's not over. >> so it's going to happen by monday? >> i am saying it's not over and we don't give up. we don't give up and we will not give up. >> reporter: and from covering the white house and my time covering capitol hill there has been instances when a vote is called and a few surprises happen where people will look at the sweep of history and it might move a vote. that's the kind of thing that the white house is counting on now. steph? >> thinking back to john mccain

and the famous thumbs down. garrett, give us little details. how are they actually planning on bringing them to the floor? get technical for us. >> reporter: so when a piece of legislation is moving through the senate there's usually two opportunities to filibuster is, first on the vote to proceed to the legislation to even start debate and then another opportunity at the end of debate before you would have a final vote. democrats have come up with the functional equivalent of a legislative trick play to avoid that first filibuster. what they're doing is taking a bill that's already passed that has to do with nasa, of all things, stripping the language out of it, passing it through the house and sending it back to the senate as what's called a message. that let's democrats get around that first filibuster opportunity and bring these two voting rights bills now combined as one measure to the floor for open debate. it's a creative strategy to get on the bills as they say, to start debate, but it doesn't do anything to get around that 60-vote threshold to end debate and actually vote on them. that's where the rubber will

meet the road here and that's when we will see this debate on the actual changes to the rules as soon as democrats can get to it, it's looking like probably that's over the weekend. >> mr. bennett -- >> reporter: bipartisan group that is looking at making changes to the electoral -- basically change -- the law is written so that a future president couldn't try to inject himself or in the case of former president trump inject the president into that process to nullify a slate of electors. but you do have democrats and voting rights advocates who say that would do nothing to change the picture of voter suppression and subversion as they see it at the state level. sort of put this sort of threat to our democracy to quantify it you have 19 states that have passed 34 laws and that number is expected to grow over this election year. so there's that aspect of it,

but the voting experts i have talked to say the more nefarious parts of these bills are the voter sub investigation aspect that would effectively let partisans, elected republicans in this case to overturn what would normally be a free and fair election. in georgia, for instance, where the president was this past week the law has been changed to allow the republican-led legislature to oversee the state election board, turning what had been an apolitical nonpartisan process potentially into a political one. so the real fear is that if there is in the future another republican president who as president trump did would call a state election official and say, hey, find me 11,000 more votes, you could find potentially someone at the other end of that phone call who would be more inclined to do it. in part, because of the way that the laws have been changed but also because, steph, you have across the country now 15 republican candidates who question the validity of president biden's win in 2020 who are running to be secretary

of state. who would have control over these state and local elections. so that's a real picture of the threat that democrats see and it's one of the reasons why they're trying to use this mlk day holiday coming up to inject new urgency into this push, steph. >> they certainly need to. geoff bennett, welcome back. garrett, kelly, thank you all so much. still ahead, i have to talk about this because i need it explained. the great resignation has now hit the manufacturing industry and particularly hard. i want to know where are those workers going and what does it mean for factory towns? the co-chair of the house manufacturing caucus congressman tim ryan will be here. plus, in just over one hour president biden will make a major announcement regarding the federal response to hospitals overwhelmed by the latest covid-19 surge. the question is, will it be enough? those hospitals, their workers, they might not be sick but they are in crisis. not be sick but are in crisis.

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developing in the next hour, president biden will give an update on the government's response to the current covid surge. a white house official telling nbc news the president will announce the deployment of six federal medical teams. they will be sent next week to help overwhelmed hospitals in new york, new jersey, ohio, rhode island, michigan and new mexico. and the white house has named dr. tom inglesby to lead the government's covid-19 testing initiative. he is the former direct of johns hopkins center for health security. joining us now to discuss kate snow, the first national network correspondent to enter the cleveland clinic. i was watching every single spooed sows of hers yesterday. and dr. kavita patel. dr. patel, the president is speaking in the next hour deploying medical teams to help overwhelmed states. what else does he need to do?

>> we need to get boosters out to people, that has been shown to be a significant difference in people being hospitalized or critically ill and those who are able to say that this is a more mild illness. we're still woefully low. the second is pushing out therapeutics, we haven't gotten a lot of attention on this because we've been talking so much about testing. testing is important. you can't test out of covid but with so many people getting covid we have to be able to have access to early therapeutics, the monoclonal antibodies that work against omicron, these things are available but they are in short supply and unevenly distributed depending on what state you are in. >> what's even more important is getting vaccinated. across the world there are some european countries that have now made vaccinations mandatory if you want to take public transit, eat out and go to a show. in quebec adults who aren't vaccinated could be fined. that's driven up the numbers. we also know that in canada you need now to have vaccine proof if you want to go into a

cannabis shop or buy alcohol. that is certainly going to get younger people to get the shot. should the united states consider any of this? >> i do think the united states should. i know that we're seeing this kind of playing out city by city, county by county and that's probably how it's going to have to happen. i'd love to see it at a broader scale. people want to return back to a kind of a society where they can go to theaters, restaurants, feel confident. we are still seeing people -- you've seen the data with people making reservations. people are still eating, eating out, but you're seeing more and more people reluctant to participate, especially as you point out younger participants. this is important to just get everybody vaccinated and a reminder that we need that global push. the other countries are doing t we need to focus on the countries that still haven't been able to get shots in arms as well. >> kate, i need the video. take us inside the cleveland clinic icu. what did you learn? what did you see? >> reporter: yeah, so they gave us this access, stephanie, because they really want people

to see what's going on. they have 1,100 covid parents right now across their system, more than they have ever had, more than last winter when they had a spike. on top of that 5% of their workforce is out sick. so they're short-staffed as well. we got an inside look. take a look. >> how does the situation right now compare to last year? >> we have more patients, our patients are sicker, our teams are tired and exhausted, too. >> reporter: in a covid icu unit at the cleveland clinic's main campus 25 patients struggle to hang on. as soon as one recovers or dies, another moves in. >> we're seeing patients in their 20s and 30s and 40s. >> reporter: nurse tim washington came on at 7:00 a.m. >> first thing i did is look in the room to see if my patients were still there. >> reporter: still alive? >> still alive, right. >> reporter: and they are today. >> they are today. >> reporter: most patients here are on ventilators, 90% are unvaccinated. >> do you personally feel anger?

what do you feel? >> if i say i didn't feel anger i would be lying because this can be prevented with vaccinations. >> reporter: in the covid unit 73 year old ron is vaccinated but not boosted. he has an underlying medical condition. >> i'd say i was the last one to think that i would get it. >> reporter: what would you say to people who think that omicron is mild and it's no big deal? >> i'm willing to walk out the door and they can come and sit in here and see what it's like. >> reporter: stephanie, i have to tell you being there, look, i have not actually been into a covid icu before, i've done a lot of things but i hadn't been into an icu. we can't show you the faces of all the patients other than ron who agreed to talk to us. most of them can't talk. most of them are on ventilators and just seeing that with your own eyes, i wish i could express

to you how disturbing, upsetting, heartbreaking it is to see people who are still suffering and they're overloaded in that hospital and on top of that it's because in a lot of cases they didn't get vaccinated. >> 90% of the people in those beds are unvaccinated. those patients are suffering, but so are those hospital workers as well. dr. patel, what's it like for you to watch that? >> it hits close to home. i have had to experience it. i was fortunate to be able to go away after the holiday break and i came back early and also had to help staff some of the hospitals and clinics. i will be honest, stephanie, kate is exactly right, you can't really express the exasperation, the frustration and candidly it's now at a point where you're kind of numb, doing things because that's what you have to do and you're starting to lose a little bit of that empathy and compassion. that's probably the most distressing sign to me. the staff just feel beaten down

and don't really understand where or when a light might come at the end of the tunnel. we all thought a light would be there when we had vaccines, this is not a proof of vaccine failure it's a proof of our inability to accept that we have something that can prevent these illnesses as a country. >> the help is there, we just have to take it. thank you both so much. when we come back a story that is blowing my mind. the manufacturing industry used to be one of the gems of the american economy and the middle class. now workers are quitting faster than ever. a complete turn around to the story we've been telling you for decades. i will ask congressman tim ryan about this next. you for decades. decades. i llwi ask if there's a better treatment than warfarin that's a trail i want to take. eliquis. eliquis reduces stroke risk better than warfarin. and has less major bleeding than warfarin. about this next. eliquis has both. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding.

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reason, covered california. this way to health insurance. or fun. daring, or thoughtful. sensitive, or strong. progress isn't either or progress is everything. now to the latest on the great resignation. the most recent numbers show a record high 4.5 million people leaving their jobs in november, but one sector is getting hit much harder than the rest. nope, it's not hospitality and leisure, not restaurants, not travel. manufacturing. manufacturing has seen a nearly 60% jump in the number of people quitting compared to the beginning of 2020. far more than any other industry.

i need this one explained. let's bring in heather long, economic columnist for the "washington post" and adrian roberts, business reporter for the detroit free press. heather, manufacturing used to be the staple of the american middle class, the heart of blue-collar towns, donald trump, joe biden both ran on bringing these jobs back. now those workers are leaving. i don't even understand this. >> yeah, it's really surprised me, steph, but what -- there's a couple of factors going on. number one is you can't work from home in manufacturing, you have to show up on the factory floor, day after day, night after night. i talked to a woman in a factory in ohio who said it really bluntly, she was like, i'm really scared that i'm going to get covid. we're supposed to wear masks but it's not enforced. she said i pass 200 people in an hour in the factory and only 12 were wearing a mask properly. so there's definitely some covid concerns and some quitting over that. early retirements in particular.

but the other thing that's going on, and i think a lot of us have to revise our thinking about what a manufacturing job is. i have this chart in my column that really stunned a lot of people, i think, and it shows that the average pay in the manufacturing sector was higher than most other jobs from about 1976 to 2006. so you could earn about 10% more in a manufacturing job in the '80s and '90s. so of course people wanted to work there. but since 2006 it's really changed a lot in manufacturing and now the typical pay in manufacturing is close to 10% lower than the average. you've just seen this big surge in hiring and big increase in pay in sectors like warehouse and transportation. the average there is now $25 an hour. that's very competitive with manufacturing. so workers who aren't leaving manufacturing to retire early, are looking around and seeing other options like working in a

warehouse. >> why is that? is that because in those manufacturing towns in america those plants were the only jobs there were for years and years, so the employers kept ratcheting down what they were offering their workers? is that how that happened? >> yeah, it's a combination of factors. i think you're exactly right. all the power was really in the hands of the business executives for many years. partly there was a decline in unionization, partly there was a story of jobs going overseas to china and elsewhere. you know, you put all that together and it's this story of there were fewer and fewer manufacturing workers and so they were willing to get -- workers were willing to give a lot of concessions, they were willing to take a little bit lower pay or willing to take, you know, some reductions in benefits. one of the big stories that happened in the past decade after the great recession in 2008-2009 is there was this explosion of the two tiered pay

system and what that means is a lot of veteran workers in the manufacturing industry were still earning what we all think of as that good job, $30 an hour with really good benefits, but the new workers in the sector were coming in as temporary workers and they were earning a lot closer to $20 an hour, oftentimes were not getting the paid vacation days and were not getting those benefits in the same way. so that really saved a lot of companies costs, but workers understand that. if you can get a $20 an hour job at the factory versus $25 an hour at a warehouse, that may be a few minutes longer drive, you know, you're going to take the $25 an hour job. >> sure are. now finally that ceo worker pay disparity that has only been growing and growing over the years, now those workers are saying, we are not going to take it anymore. maybe some of that free cash flow, all these ceos are using from stock buy backs to help themselves and their shareholders, maybe now they're

going to focus on our workers. take us to detroit, compare the manufacturing industry in your city today to what it looked like just two years ago, before the pandemic. >> yeah, it's a pretty remarkable shift. i think growing up in metro detroit, these were great jobs that if you didn't have a college education you could go in, get health care benefits, and now in certain areas where there's a heavy manufacturing presence, you drive down the street and all you're seeing is help wanted signs. so i think -- and bigger picture, you know, michigan has a low labor force participation rate to begin with and we lost 265,000 workers that were either unemployed or they're out of the labor force entirely. so manufacturers have a real tough job on their hands in order to get these workers back and i'm hearing that even owners of smaller manufacturers, they're going on production line and they're working themselves or they're moving office personnel over to the line because they're just that short

staffed. >> amazing. adrian, heather, thank you both so much. i want to bring into this conversation ohio democratic congressman tim ryan, he is the co-chair of the house manufacturing caucus which he also co-founded nearly 20 years ago. he has seen it all. he's also currently running for u.s. senate. this is amazing. you and i have not had this conversation. do you think the industry itself, manufacturing, needs to do something different to bring people back? we are no longer in this situation where the local plant might be the town's only employer. people now have other options. >> yeah, no doubt about it, and i think the guests on your show, i think, put a nice spin on exactly what's going on here, but you also have got to look at the cultural issues over the last, like, 30 or 40 years, steph. we said as americans, which was really stupid, everybody has got to go to college. we've got to move away from these manufacturing jobs. everybody is going to be in the service sector. then we got rid of shop class in

our high schools and our joint vocational schools didn't get the funding that they needed. all of a sudden you say how come no one is going into manufacturing and it's really because we've poo-pooed these jobs for a long time and now you have the economics coming in as your guests articulated and i think it's all coming to a head now. we have to get these wages up, i think that's why i think unionization is important, maybe not across a lot of the sectors in the economy, but definitely around manufacturing to push these wages up so that you actually get people that will go, because when i travel the state, you know, these are tough jobs. i mean, they're hot in the summer, they're cold in the winter, they're noisy, they're dirty and, you know, it's tough. you're working six or seven days a week. i literally was on a picket line with some workers in ohio that literally were trying to negotiate thanksgiving and easter off because they were stealing all their vacation days. so that's how tough it's been for them. but if we can get the wages up

more people will move in and these businesses would actually be able to expand. >> so wages going up, that's not something the government could control or maybe should control right now, but is what we need this kind of cultural shift you are talking about, bring back vocational schools, honor vocational training and care about these jobs in a way that we did 30 or 40 years ago. >> absolutely. i mean, you want to talk about heroes and sheros, those moms and dads, many times single moms and single dads working in a manufacturing facility six or seven days a week, trying to figure out child care, trying to make ends meet, trying to come home and not be to exhausted you could actually do homework with your kids, these are the heroes, these are the working class heroes in our society and we need to honor that and i think that's why a lot of what we try to do down here is for them. the child tax credit, you know, you're getting an extra 250 or 500 bucks a month for your kids. that's why we want universal pre-k.

that's why we want child care expenses to be capped at 7%. it's for those manufacturing workers that are out there doing everything right. you know, paid family leave. like if you really want to help these people, you have to have governmental policies that go directly to them, but ultimately you have to get wages up, you have to respect this kind of work and the people who are doing it. that's the underlying problem, i think. >> tim, i learned how to use a hammer in shop class and how to create a budget in home ec. i've used those much more than i have ever used trigonometry. i am glad you brought it up. thank you for joining me this morning. coming up next, the latest in the investigation on the fatal shooting of the set "rust." the armorer revealing in a new lawsuit how she believes live rounds ended up in the gun and why she thinks she possibly could have prevented the tragedy. this is a tough story. how in the world did it happen? tragedy. this is a tough story. how in the world did it happen

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morning in the fatal shooting on the set of the movie "rust." attorneys for the woman in charge of the guns used in the film have now filed a new lawsuit. at the same time alec baldwin is pushing back on allegations that he is not cooperating with the investigation. miguel almaguer has the latest. >> reporter: it's been nearly three months since that fatal shooting on the movie set "rust" in new mexico. authorities are still pushing forward in their investigation, but now there's a new lawsuit assigning new blame. in a new lawsuit attorneys for 24-year-old "rust" armorer handy gutierrez reed say they now know how live rounds got on the western set. the complaint against pdq arm and prop owned by seth kenny alleges the company supplied the production with real bullets. the ammunition boxes failed to state a material fact. the contents contained both dummy and live ammunition which

were deceptively sold. >> the facts are a live round or multiple live rounds ended up in a box labeled as dummies. >> reporter: the court documents also provide the first detailed account of what gutierrez reed says she did in the hours leading up to the shooting that killed cinematographer halyna hutchins. saying gutierrez reed last checked that the bullets she loaded and took from a box labeled dummy rounds were not live 15 minutes before the shooting, but she was not inside the church when the firearm went off and would never have let baldwin point the weapon at helena. the documents also say baldwin did not respond to hannah's request on october 15th to schedule cross-draw training. baldwin has said he spent an hour and a half in safety instruction with gutierrez reed, but one weapons expert who reviewed the complaint tells nbc news based on how the weapon was handled both producers and gutierrez reed may bear some

responsibility. still, her attorneys further shift blame away from their client, writing, hannah relied upon and trusted that the prop house would only supply dummy prop ammunition or blanks, and described the set as a rushed and chaotic atmosphere that created a perfect storm for a safety incident. >> we have two people accidentally shot on a movie set. >> reporter: the filing says officers later found seven live rounds in the ammo box. the lawyer for seth kenney the guns and ammunition provider did not want to comment on the lawsuit. it all comes days after alec baldwin took to social media to defend himself after citing family privacy concerns for not yet turning over his cellphone to law enforcement who obtained a search warrant. >> any suggestion that i am not complying with requests or orders or demands or search warrants about my phone, that's [ bleep ]. that's a lie. >> reporter: this morning a

deadly shooting where no one accepts blame. we're told the police investigation could still take several more weeks. we have also reached out to alec baldwin and the production managers on the set of ruth. for now they have not yet released comment. back to you. >> thank you, miguel. up next, new developments in the matt gaetz sex trafficking investigation. his ex-girlfriend now involved, testifying before a grand jury. we've got the scoop. , testifying before a grand jury we've got the scoop.

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in-wash scent boosters. shop online for downy unstopables, including our new, lighter scent. this morning a new development into the investigation into congressman matt gaetz. his ex-girlfriend testifying before a federal grand jury yesterday behind closed doors. part of the investigation into whether or not gaetz paid to have sex with a 17-year-old girl. gaetz has not been charged and denying any wrongdoing saying he never paid for sex and never had sex with a minor when he was an adult. let's bring in the reporter who has the scoop on the story. mark caputo, one of the leading sexual abuse attorneys kristen gibbons. mark, there is nothing in florida politics that you do not

know, so it is no surprise you've got this. explain it to us. >> i went to the courthouse and see if went in and she did. gaetz's ex-girlfriend occupies an important role in the investigation of him. she was dating him in 2017 when he was alleged or suspected of having sex for money with a 17-year-old. she was also on the bahamas jaunt a number of months later in 2018 where there were a number of women whom are suspected having been paid for sex. it's against the law to transport someone across state lines for purposes of engaging in prostitution. and the third thing is then in 2020, when the investigation was gearing up, one of the women involved in this case was speaking to the ex-girlfriend of gaetz, they patched in matt on the three-way call, he was

giving them advice and suspected having given advice with obstructing justice and the girl friend is suspected of participating in this alleged scheme. she wanted immunity deal. i'll talk to you guys, you prosecutors but you have to give me immunity in case you want to charge me with obstruction of justice. it's inferred right knew she got that immunity deal. the lawyer for the ex-girlfriend is kind of an immunity deal master. he once got an immunity deal for a man who admitted to committing murder, prosecutors decided not to charge him in return for him showing them where the body was, a 17-year-old murder cold case but gives you the idea of the caliber lawyer she has. >> what needs to come out of the grand jury for the doj to indict him? >> sounds like they have a lot of evidence as now. december 2020, they seized all of their phones. they also have greenburg, and he

was there, a good witness for that, and they also have the victim. but again, there is a lot of credibility issues with greenburg, who is also a convicted liar, convicteded of crimes of dishonesty which the defense will inevitably use against him and the ex-girlfriend also was or is an adult entertainer. they may use that to discredit any testimony. the ex-girlfriend who was there doesn't seem to have a legitimate motive other than the bias that she may carry with regard to the immunity deal. she's going to be able to add the additional corroboration that is necessary for the doj to actually press charges against a sitting congressman, which charges likely will have to get approved by the highest, propts a.g. garland himself. i think her testimony kaeds

credible evidence. >> that is where we have, the stripper, the congressman and the liar. thank you at home for watching. i'm stephanie ruehl. don't go anywhere. jose diaz-balart will be here after the break. after the break. without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily or take longer for bleeding to stop. get help right away for unexpected bleeding, or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. ask your doctor about eliquis. y'all heard it here. if you wanna be fresh, you gotta refresh, like subway®. like the new baja steak & jack tender,

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