good morning. i'm peter alexander live at the white house. we are following a lot of fast-moving developments as russia's brutal assault on ukraine enters its second week. richard engel just spoke to ukraine's president zelenskyy. the mayor of the city of kherson confirmed that russian forces now control that city. it could make it easier for the russians to move west to try to capture the country's entire black sea coast, which could effectively cut off worldwide shipping to ukraine. this is intensifying the massive humanitarian crisis across europe. the white house now asking congress to provided $10 billion

in humanitarian and defense funding. the number of people fleeing ukraine has skyrocketed to 1 million. >> translator: in my heart it's painful. i'm missing ukraine already. i just want to cry. >> in just moments we're going to go to a warning, the situation in ukraine could get much worse, they say. plus the options president biden is weighing in preparation for potential dark days ahead and we're following significant new developments into the investigation of the attack on the capitol. now it's alleged that president trump and members of his campaign engaged in a, quote, criminal conspiracy. mark short was chief of staff for the former vice president mike pence. i'll ask him directly about

these claims and what he told the committee when he testified behind closed doors. right now we want to start with the latest in eastern europe. josh letterman is in brussels at nato headquarters. richard engel is in kyiv. he'll join us in a moment. he just spoke to the ukrainian president, president zelenskyy. at this moment i'm joined by general barry mccaffrey, retired four-star general, former gulf war division commander and for our sake fortunately an msnbc military analyst. european and u.s. officials warning the situation in ukraine is going to get a lot worse. the president in the state of the union said there were dark days ahead. what more are you hearing? >> peter, u.s. and european officials have been so impressed by the surprising resistance that the ukrainians have been able to mount up until now, keeping the russians from being able to take over most of the urban areas in the city, but they are warning that that

resistance may not be able to hold up in the medium to long term. in fact, they say they already see signs that the russians are regrouping after a first week in which their strategy in this war didn't seem to be paying off. the russians now bringing in more heavy armor, more heavy equipment in the region to try to blitz the ukrainians. they warn this is ultimately at the end of the day about crude military math. the russians have far more troops than the ukrainians have and far many more tanks and aircraft and other heavy equipment to use and ultimately the russians are most likely going to be able to grind in out and ultimately be victorious here barring some type of external or unexpected intervention. but these officials tell myself as well as courtney kube that they do not expect there is going to be a diplomatic

resolution that president putin will be able to accept here, unless there is some type of external intervention in this with one western senior intelligence official telling us that it's awesome how strong the ukrainians have been but that they're not going to pretend at the end of the day that's going to be enough, peter. >> and general mccaffrey, i want to bring you in here. in the setup to this conversation, we mentioned that this important city of kherson is in the hands of the russians. ukraine loses that key access point to the black sea as a ship building hub. it makes it a lot easier for the russians to advance. tell us what that means in terms of where we are in the conflict and how much of a complication that is for the ukrainian effort going forward. >> well, i think the bottom line is it indicates how bold up the russians are.

that's quite near crimea, as you know. it's taken them a week to capture that port. they still don't have mariupol completely, they don't have odessa, they don't have kyiv. it is astonishing. they've got a backed up parking lot of russian armor apparently running out of fuel, apparently having difficulty feeding their troops. the ukrainian minister of intelligence today said they are striking those columns using fighter jets and also artillery and missiles. so for the time being the russians are -- have had a bloody nose. the next step for them is are they willing to dive into the middle of kyiv and fight block by block? would it talk weeks for them to subdue the ukrainians with a humanitarian catastrophe already

occurring, intensifying? putin has bad options. he's in trouble. each day it's going to get worse. >> if i can, general, talk about those columns being struck right now, just to drill down on this, our colleague, lester holt, talked exclusively with the secretary of defense lloyd austin. he asked about this threat right now posed by that 40 mile convoy that was now outside kyiv. we understand that it's been stalled due to a series of different issues. here's part of what the defense secretary said to lester. take a listen. >> there's a lot of combat power that the russians still have available to them. so they have a number of options going forward. just based upon the combat power that we see that he has left, he can still do a number of things. >> reporter: so just to be clear here, what do you make of his response right there? and what, if anything, can the

ukrainians do to combat that convoy, effectively 40 miles of sitting ducks. do have they the offensive capability to do something about that? >> the secretary has enormous experience, very thoughtful, very careful on what he's saying. again, the ukrainians are stating that they are attacking that column. they only had around 20 turkish armed drones. one way to change the military calculus obviously would be to get u.s. or other nato -- nation armed drones into the ukrainians. tough to do, give them firing units, some training, plausible deniability we're doing it. that might change the nature of the battle. but, again, let me stress every advantage goes to the ukrainians if they elect to fight in the city of kyiv. it will devour russian infantry soldiers. it's an extremely tough

environment for russian armor to operate in, although i will tell you they're going to up the artillery support. if they do that, they'll be firing not 30 rounds a day but 5,000 to 15,000 rounds a day and they'll have to knock down much of the city. >> general, stay with us right now. you're speaking of kyiv. i want to go there to my colleague richard engel. we're always glad to see that you're safe. i want to ask you with your conversation with the ukrainian president zelenskyy. we want to listen to it and get some of your thoughts. here it is. >> reporter: richard engel from nbc news. you just mentioned that you want to talk to vladimir putin. he has so far not been willing to meet with you. do you have a message for him now that ukrainian cities are under attack, this city is under attack, a convoy is on its way here. is there a way to prevent this war from escalating even further

now? >> it's not about i want to talk with putin. i think i have to talk with putin. the world has to talk with putin because there are no other ways to stop this war. that's why i have to. >> as we see part of that conversation some reporters there with zelenskyy, i'm struck by the fact that this is someone who has said he is the number one target for the russians right now. nonetheless, the defiance that he's inviting reporters around the world to be with him in a secret place right now, what you took away from that conversation and how confident the ukrainians are in his security right now. >> reporter: so this was in a government part of the city, i'll leave it at that. it was a small group of reporters. it was a very intimate gathering. we were told about it pretty much at the last minute. there was extensive security getting into the room and we were asked not to film any of

the windows, doors, layout, things like that. he arrived, he was very relaxed. he brought his own chair into the room and he sat down just a few feet away from all of us and he gave us plenty of time. he is not a -- he clearly does not have a politician's background. he doesn't speak in sound bites. he gave long, thoughtful answers in primarily ukrainian, a little bit of russian and some english as well. he expressed flexibility. he said he's willing to negotiate. he wants to find a compromise with russia. he said there's plenty to talk about. they can talk about the russian language issue, they can talk about donbas, they can talk about security guarantees but they can't talk about what vladimir putin has talked about, which is total regime change and that this country becomes part of greater russia and the nation of ukraine no longer exists and putin has said the nation of ukraine is an historic anomaly and shouldn't exist and he said

from that there can be no compromise. he seemed determined, said he doesn't think he will ever leave kyiv. he gave no suggestion the ukrainians are working out any kind of surrender. he said they've been fighting hard and will continue to fight hard. one of the things he wanted to stress most about was the need for a no-fly zone. that is something zelenskyy has been arguing to world leaders so far to no avail. they want to deny the ability of russia to fly jets and carry out air strikes in the city but so far the biden administration and several other nato allies have said that's a nonstarter for now. >> reporter: top officials to the president saying that would require engaging russian jets in the airspace above ukraine, something the u.s. and its allies are not willing to do right now. richard, thank you for sharing that reporter with the present

president zelenskyy. we'll have more on "nightly news" tonight. to raff sanchez, we're learning details about the second round of talks between russia and ukraine in a richard was noting. one item of discussion was the potential for an immediate cease-fire. meanwhile moscow is now reporting nearly 500 casualties from this conflict. we're hearing different figures. two western officials are saying the number may be closer to 5,800, which would be several times more in the course of a week, several times more russians lost than the u.s. lost in the entirety of its decades-long war in afghanistan. what more are you hearing? >> reporter: that's right. this is the first time the kremlin has given the russian public any sense at all of how many young russian servicemen have been killed in vladimir putin answer war in ukraine. up to this point there has been

stoney silence. officials saying the real death tolls could be multiples higher. in moscow people are skeptical about the number they've been told. we've been getting reports of mothers and fathers getting disparaging messages. the ukrainian ambassador read out the final message to a russian soldier to his mother where he was killed. he said "mama we were told we would be welcomed as liberators and the ukrainian people are literally throwing their bodies in front of our tanks to stop them from advancing." the second round of talks has begun in belarus. the russian negotiators walked in in suits. the ukrainian negotiators were in sweat shirts, they were in

military fatigue like president zelenskyy at this press conference that richard attended. i will tell you expectations for a breakthrough here are not high. the kremlin has just put out a readout of a call that president putin had with president macron of france. it sounds like it was a pretty tense, fraught call. one of the things that president putin mentions is russia will not allow the ukrainians to play for time at the negotiating team and putin has every intent to reach of goal. >> adam smith today said on "morning joe" the u.s. is not sharing realtime intelligence with ukrainian forces.

he called that a fine line they're trying to walk. why not? shouldn't they -- >> it's hard to know what to make of that statement. i don't know that our intelligence is all that good. we have great overhead satellite systems but the ukrainians are more likely to know what's going on than we are in this case. back to that conversation with richard engel, though, a cease-fire, which would be a blessing to the civilian population would favor ukraine. time is president zelenskyy's al ally. to be blunt, i don't see how putin's military formations can even feed themselves in the current configuration they're in. i mean, this is astonishing lack of competence. so i hope they do get a

cease-fire. it would be a major step forward in favor of the brave ukrainians. >> stunning to look at those awful pictures from inside ukraine as reporters get a chance to scan that area and see the damage already caused and many fear it only going to get worse. we want to thank all of you. coming up here on this special edition of "white house reports", the bomb shell legal filing from the january 6 committee saying for the first time it believes president trump committed crimes after the 2020 election. we're also going to get new reaction from somebody who has already testified before the committee, mike pence's former chief of staff, mark short. he's going to join us live. and the timeline to get president biden's supreme court nominee confirmed as judge ketanji brown jackson meets with more senators as we speak. you are watching "white house reports." we're live here on msnbc. hway.

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you're watching "white house reports." quote, a criminal conspiracy to defraud the united states, that's what the january 6th select committee alleges that former president trump and members of his campaign engaged in in a new court filing. the legal brief is the most direct line the committee has tried to make between the former president and potential criminal activity in the 2020 election. we go to capitol hill right now for more on this. you'll walk us through what you know and what we're hearing from all parties that are being accused. >> reporter: peter, it's a pretty explosive allegation in a court filing last night this the attorney/client privilege does not apply between former president trump and the lawyer john eastman and the reason they say is the crime fraud exception. in other words, they suggest that donald trump was trying to

commit a crime or fraud and hired john eastman to help furtherance of that crime, to help him try to commit that crime or that fraud. now, eastman has responded in a statement or his attorneys i should say have responded in a statement early this morning. let's put it up on the screen. they hold to his position that communication between the two of them are protected by client confidences and that eastman has a responsibility to protect that. they look forward to responding in due course. now, nbc caught up with bennie thompson a little earlier today and asked specifically are they alleging that donald trump committed a crime here? he did not say specifically whether or not the committee is alleging that. he said he holds that the position in the brief. it could be a back door referral here. kicking it to the justice department, there's no way they wouldn't see that filing or at least have a sense that the committee believes that donald trump committed a crime here or a fraud as part of the january

6th attempt to overturn the election. >> thank you for that. with us right now is mark short. he was the chief of staff for former vice president mike pence. before that he was director of legislative affairs at the trump white house. mark, it's nice to see you. i appreciate you making time to talk to you about this. the committee as you've seen now alleged that the former president donald trump engaged in a potential conspiracy by trying to block congress from certifying the election. is that consistent with what you saw? >> peter, thanks for having me on. i'm not a lawyer. it seems to be a stretch there. i think as i shared on your network a couple weeks ago on sunday, i believe that the president was unfortunately given very poor advice from the legal team around the him and i think some of that now is unearthed in these emails that have become more public and the concerns of john eastman even encouraging greg jacob in the midst of the siege on the

capitol to advise the vice president to directly violate the electoral counteract. . i think some of concerns we expressed, unfortunately the very poor advice that the president was receiving has now become more apparent to more people. >> you said he got bad advice. was he getting advice to break the law? >> i don't know that. john eastman, that e-mail exchange is with john eastman and greg jacob. so at the time, you know, we were in a secure location having been evacuated by the secret service. he was talking to mitch mcconnell and mccarthy and pelosi and schumer talking about how do we get back in to do our work? meanwhile there was correspondent i wasn't privy to until after the 6th.

we had concern about the legal counsel the president was receiving. i think some of that is now more apparent for others as well. >> was the president told that jason miller, a top aide and adviser to the former president, sued after the election told president trump, quote, in pretty blunt terms that he was going to lose. so was the president told that? was he aware that, in effect, they were trying to overturn an election that he had lost? >> i don't know. i can't -- there's no way for me to have reason to not believe jason miller's sworn testimony that that's what the president's advice the president received or the facts that he was given by the campaign. >> did the vice president ever say that to him? and if not, why not? why didn't he say we lost? >> i think there were a lot of concerns that a lot of conservatives have, peter, about process and a lot of concerns we

had about electoral laws that were changed mid election, which should have been done by state legislatures. there's also a reality that there's a process for those complaints. you can ask for a recount or ask for litigation. >> on december 14th that had run its course. might have been the time the vice president might have said it? >> at that time joe biden is the duly elected president. there is no constitutional authority that would allow any one person to say i'm going to throw out these electors. obviously it's not been done in 230 years in our republic. that would say that kamala harris in 2004 could say i'm not going to accept electors from texas or wyoming. so of course from any limited government perspective, that rationale was really faulty.

it's what we conferred to the president's legal team. >> i think it's a very dangerous precedent for a committee to ask you to violate a communication privilege between the president and vice president about their personal conversations. i think for many of us, we've expressed our concerns about what transpired and have been open about what the vice president's position was. he wrote an open let to the -- letter to the public explaining that position. it does have a very partisan taint. >> liz cheney is on that committee and she voted with donald trump almost more than any republican in the house. she's one of the most respected republicans, despite her disagreements with donald trump out there. >> i appreciate it, peter. i'm very aware of liz cheney's

voting record. i also think it's unrealistic to say this isn't a partisan committee when you look at the fact that the very people who are prosecuting the case and saying that about the election and throwing out electors, there are people on that same committee who voted against vertification. others voted against certification of trump/pence in 2016 when there's no ed of fraud whatsoever in 2016 or 2004. that gives me concerns about a double standard. >> did president trump embolden vladimir putin? did donald trump embolden vladimir putin? >> i think you look at the record of what president trump did in actually bombing russian mercenaries and killing them in

syria, the sanctions he put on russians, kicking them out of american embassies. i think the record was a strong one against russia. the reality is the last time they bombed and took crimea was under the biden administration. i think they believe that there's weakness in this administration they did not see during the trump administration. >> the record should show that the president placed a hold on ukraine, $250 million aide and $141 million in aide through the state department. >> and the record should show -- >> the president has called on the biden administration to announce an embargo on russian oil and gas exports. should he do that? >> absolutely. it's an untenable position to say in essence america has

doubled its importation of russian oil. you now have $100 plus per barrel. in some way you're funding the fight against ukraine. the biden administration should allow america to become energy independent like it was during the trump/pence administration. when they cancelled the keystone pipeline and stopped renewing new permits, it makes us more dependent on foreign oil. >> the pipeline was only 8% completed when joe biden cancelled it. it would have taken years to do it. that oil that the tar sands still gets into the u.s. in different means of transportation. and -- just to complete, it goes to refineries doesn't mean it's going to the u.s. >> the federal regulatory commission has not approved other pipelines in the system. the biden administration cancelled oil production and new

oil leases in other parts of nationally owned property. they have had an agenda that has done everything they could to raise the price of oils are putting new fines and regulations on the epa on methane. they've done everything they can to rise the price of gasoline that americans are paying at the pump. there's plenty they can do. >> some freighters and shippers are already refusing to take russian oil, which does impact that, even in the absence of any embargo. the president has a cabinet meeting today. i understand today may be a birthday for you. happy birthday. thanks for making time for us. >> thanks for having me on. good to see you. >> next, what we know about confirmation hearings about supreme court nominee ketanji brown jackson now set to begin in less than three weeks and how that timetable compares to the court's other sitting justices. you are watching "white house reports." we are live on msnbc. on mbcsn

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president biden's supreme court nominee judge ketanji brown jackson is back on capitol hill. it is her second day of meetings with senators ahead of her con firmation hearings, which we now know are set to start on march 21st. those hearings are three weeks away. what happens between now and then? >> a whole lot of hearings on the hill. ketanji brown jackson yesterday met with chuck schumer, minority leader mcconnell, dick durbin and chuck grassley. all four of those meetings, the opening salvo as she takes to the hill and has conversations about who she is as a person, a lot of these conversations, a lot of these have been very personal about family, about values and then also the way that she views role of the court and her judicial ideology. a lot of those are questions that senators are going to have a chance to ask her as she meets

not just with democrats but with republicans. as i was talking to senator dick durbin yesterday, he said he still feels there could be a handful, in his words, of republicans who could come to the table and ultimately vote to confirm her. that's some of the meetings she's going to be having today, still meeting with the members of the judiciary committee. she met with senator leahy this morning and will meet with senator ben sass and later meeting with senator amy klobuchar. those meetings will continue until the point the confirmation hearings again. we'll hear opening statements and then we'll get into the q & a portion of it. it looks like those questions could last for about two days and then we'll hear closing statements. from the time she was nominated to the time the confirmation hearings start, we're seeing democrats make good on their promise to do an expedited

timeline here, akin to what we saw with justice amy coney barrett. there were just about 14 or 16 days there. compare that to judge jackson, from nomination to the start of hearings, it's about 24 days. democrats trying to do this in as timely a fashion as possible but also allowing senators to have the time that they need to meet with her, to digest her court opinions and to become experts on who this person is. >> judge jackson already receiving praise from both sides of the aisle for her intellect, her integrity and her carry. ali, nice to see you. thank you very. next right here for us, our team is live on poland's border with ukraine. what they are now hearing and seeing on the ground there as the u.n. says more than 1 million ukrainians have now fled their home country in the last week.

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you're watching "white house reports." the pictures are crushing, the stories heart breaking. we've learned more than a million people have fled ukraine in just the last week. mothers, grandparents, children, whole families, they are desperately seeking refugee -- to find safety as their situation in their country becomes more and more dangerous. here's one 16-year-old refugee told msnbc's alison barber. >> reporter: what do you want the world to know about what's happening in ukraine? >> well, i want to say that putin can go [ bleep ] himself. putin has a lot of weapons are mass destruction. i hope that they won't use this. >> i want to bring in ambassador

william taylor. he was the u.n. ambassador to ukraine under former president george w. bush. ambassador, as we've been hearing, 1 million people have fled ukraine. what do you think of the international response so far to help them and what more do you want to see? >> so, peter, the international response to the refugee crisis has been very impressive, i have to say. in particular the polish people have opened their arms and their homes. they have been supportive. this is, as you say, this is an amazing flow of people coming and the pols have been really, really supportive of these ukrainians. what else could we be doing? we need to provide weapons and ammunition to the ukrainians to allow them to defend themselves against the russians.

we can't put troops in there but they're fighting on our behalf. the ukrainians fighting against the russians who are attacking them but also attacking us. >> your years of service extend well beyond the service for j.w. bush. let me ask you about t.p.s., that news about a bipartisan group of senators calling on the biden administration to do the same for ukrainians. what do you make of those plans? is that something that should happen now or is that part of a long-term strategy? >> it should happen now. the people are coming across the border right now. they are being forced out of their homes. we see the shelling of civilian apartments, downtown cities, in kherson, in kyiv. so we're seeing the attacks on these civilians, which, as i said, peter, this is a war crime and they are fleeing war crimes.

>> the french president macron, we know he spoke to putin this morning and the french said their assessment here is that the worst is yet to come. i know what you make of that. you think we're already seeing awful things happening and can only get worse from here but from a diplomatic standpoint, what is the value of these interactions with vladimir putin at this point, these conversations between the ukrainians and russians at the belarusian border? >> they have the senior member of president zelenskyy's political party. they are seriously negotiating but it's not clear that the russians are. the russians have sent their former minister of culture to these conversations. the only person that matters on this decision in russia is clearly president putin and that

gets to your point about what message president macron or others can give him. the message is, mr. putin, you are totally isolated, your economy is being hammered and it's only going to get worse. your people don't support this war. you should stop this war right now, declare a cease-fire and pull your troops back. >> you know the people of ukraine and its leadership as well as anybody here. based on the conversations you're having right now, what are their immediate concerns? obviously they worry for their own safety but in terms of the humanitarian crisis that exist within that country, we're hearing from at many as 15,000 people in the underground subways there they're running out of resources as well. what can regular americans do to try to help those folks? >> so, peter, the first concern of ukrainians that i've talked to, yes, their immediate situation is terrible. they are concerned about their

land. they're concerned about their country. they want to maintain independence. they do not want to go back under the control of, influential of, the oppression of the russians. they do not want to go there. and they are very supportive of the strong stance that their president, president zelenskyy is taking in standing up to president putin. they are behind him. even the political parties, the opposition parties, they are supporting president zelenskyy. so that's the message and, yes, we can help again with weapons. we can also help by we can make contributions through the many nongovernmental organizations that are doing a lot of work to support the ukrainian people. >> like you i'm watching this very closely. my ancestors are from ukraine from kyiv and mariuopol. we appreciate your time and your expertise and we should note you

were also the ambassador under the obama administration and acting ambassador as part of the trump administration as well. we appreciate your time and expertise. next, inside president biden's election year pivot. you're watching a special edition of "white house reports." we're live on the north lawn only on msnbc. voltaren is a non-steroidal anti-inflammatory gel for powerful arthritis pain relief. voltaren, the joy of movement.

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so, this is our other position at the white house on "white house reports." and the president is going to go down stairs to the situation room. he was down stairs in the situation room earlier today. a little bit later, he'll meet with his cabinet. that meets behind us at the west wing. one of the questions obviously the cabinet is going to focus on with foreign leaders is what the u.s. can do beyond what's it's already done in terms of sanctions. and house speaker nancy pelosi is weighing in. >> this is significant. she's now saying she favors banning the inportation of are russian oil. for that's been one

of the hot button issues because the u.s. does bring in a lot of oil. one of the questions is if the u.s. were to stop that, what does it do to oil prices? it could drive prices higher. that means putin could sell the oil elsewhere, bringing in money to support at higher profit. it could have an immediate impact on consumers at home. there has been a push among a number of lawmakers and now with nancy pelosi and her big mega phone, precarering the administration by the factor of her saying it. that could changing the calculus a bit. you know the white house has been saying they want to have as little impact on the american consumer as possible. are and they want to take the biggest picture of how could they effect a pain for russia without hurting the american consumer. nancy pelosi's voice is significant. >> that's the case as we've heard. this is a case that's been challenging them. gas prices is where most

americans see right now. we talked about the cabinet meeting that will take place in the next couple of hours. the president will gather with his cabinet since the ukrainian crisis turned into a russian invasion. how has that complicated their effort to focus on what this president's priority is, which is to focus on the domestic agenda items. >> if putin hadn't taken the action, we would talk about how they'll do pieces of the president's agenda. today, of course, the cabinet plays a huge role. the defense secretary is at the elbow of the president, the treasury secretary, who's so crucial for enforcing sanctions. the energy secretary, when we're talking about oil. ukraine is casting a pole over all the decision making. the president is trying to project himself as the leader of the free world, trying bring together all of these leaders

around the world and talking to australia, japan and india. known as the quad, diplomats like to put a tag on things. speaking in the situation room again this morning on ukraine. the president's schedule is filled with ukraine and domestic agenda. >> finally, the president, aids, chief of staff says there's plenty more legislating to do before the midterms. but in real terms, how much more can they get done? >> some of it has to do with funding for are things like covid and ukraine. confirming the president's supreme court nominee and really, we're off to the races to the midterms. legislating in the traditional sense has a limited window. >> my co chief white house correspondent will be in the cabinet room when the president hosts the meeting a short time from now. nice to be with you in person. and "white house reports" back here tomorrow at 11:00 a.m. my colleague will be in the chair or standing up as we've

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