good day, everyone. this is "andrea mitchell reports" in washington. we are standing by for a potential ruling by a federal judge in louisiana that could block the biden administration from lifting title 14, the trump area pandemic restriction. the latest from the courthouse in a moment. covid cases are rising with booster rates lagging among older americans. president biden's chief medical advisor dr. anthony fauci joining me later. a shortage of babe formula has

parents stressed. in ukraine, another setback for russia's troops. reports they are withdrawing from the second largest city car key, amid the first war crimes trial of a russian soldier. the 21-year-old is accused of killing an unarmed 62-year-old ukrainian civilian. i will speaking to retired general david petraeus and ukraine's ambassador to the u.s. first, morgan chesky in louisiana and julia ainsley and nyu law school professor alyssa murray. morgan, what's happen agent the court? is this an injunction that was putting title 42 on hold? what's going to happen? >> andrea, all eyes on the courthouse in lafayette today. this is where a district judge is expected or could potentially

issue a ruling on the future of title 42. we know oral arguments began about an hour ago. right now, we are hearing from the plaintiff side. this is a side represented by deputy solicitor generals. they began this lawsuit that more than 20 other states have led. they are saying in part that the cdc should not have the authority to enact title 42 and that they have pointed to specific numbers that have been issued by the department of homeland security saying should title 42 be repealed on may 23rd, there could be an incredible surge of migrants across the border and they could anticipate as many as half a million individuals to come across on a monthly basis. we know that in the month of march alone, andrea, more than 200,000 migrants were apprehended by officials at the border.

one of the arguments here, andrea, is that they say that the president, through his mandates throughout the time of covid, with the one by one letting them up, they point to the fact that if they do this with title 42, it's hypocritical. their argument is because there are existing mandates that the biden administration has such as the one to be vaccinated for federal employees. here is what one representative had to say on the state of louisiana shortly before walking inside. >> all of the rationale is based on the threat that covid exists in the country. we don't see any basis to be removing the protections at the border if the president is going to maintain that it's still a threat inside the country. it's obviously still a threat at the border. >> we anticipate hearing from the department of justice who will be arguing on their behalf within just a few minutes. it remains to be seen if the

judge will issue a ruling today. we are told by representatives with louisiana attorney general that a decision may not come until next week. >> morgan chesky, thanks very much. julia, there are more than $1.8 million migrant blocked from crossing the border until title 42. some democrats on capitol hill want the order to stay in place. they report 170,000 people waiting in mexico to get in right now. >> that's right, andrea. that doesn't mention those who are in central america who may decide to come to the united states once title 42 lifts. it seems it's the idea that a policy is changing that would lead people to come even though in reality what this is is a return to the status quo. this will mean migrants who cross the border, if title 42 is lifted, would again an initial screening for asylum. if they pass, they are allowed to enter the country where they get a court date. they could look at waiting between two and four years

before they see a court. up until now, as many as half to sometimes some months 85% of migrants trying to cross the border have been told to wait in mexico. as you mentioned, there are 170,000 waiting in camps now. those can be terrible conditions where immigrants i have spoken to say that because they didn't -- they weren't legally authorized to work there, they were exploited. there have been issues of kidnapping, raping, torture, murder. i have heard a lot of these stories firsthand. there's a lot of suffering and anguish at the border. you have democrats worried if title 42 lifts, and they join republicans saying, if title 42 lifts, there could be a surge that would overwhelm the southern border, overwhelm communities there who would need to be responsible for sheltering and processing these people who would come. it's a tough issue here. we will have to see how this judge rules. if he does issue a preliminary

injunction, the next thing we will look at is, would the biden administration appeal or would keeping this in place help them, especially as they might be worried about a border surge ahead of the november midterms? >> julia ainsley, thanks so much. you have seen this all firsthand. alyssa murray, pick up the legal point. is this judge's ruling final? could it be challenged? >> it could be challenged. this is a district court judge in lafayette. the fact it's a district court judge in louisiana as opposed to a town on the border is quite notable. many of those in the administration are arguing that this is really an episode of forum shopping where red states are seeking hospitable situations to bring these. this was selected in the hopes this judge would be favorable. he could be appealed. this could go up to the fifth

circuit, very conservative. it's likely the administrationv. the supreme court has not been that hospitable to claims the biden administration made to roll back trump era policies. there's been discussion on this. this is just yet another episode in an unfolding series of challenges about whether or not the immigration policies of the prior administration must be continued by the current administration. >> we should point out that the majority, i think, of this surge is actually cuban americans. there's been a surge in that, partly because cuba will not take them back. the history there. as well as the controversy over welcoming ukrainians, at least to a certain point, and not welcoming people from south america and central america at the same border, at the southern border. very complex mess down there. thanks to you and our

correspondents. now to the growing shortage of baby formula that millions of americans are dealing with. more than 40% of the supply is now out of stock after the major producer shut down its michigan plant due to contamination. the white house is taking some new steps to cut red tape and crack down on price gouging. giving no time line for when parents can expect results. >> i've seen moms in the store crying. the formula aisle. they can't find their baby's formula. >> joining me now is blayne alexander. only 25% of infants consume just breast milk in the first six months of life. baby formula is something that's universally needed. parents need this back on the shelves. we should point out that the production facility was

particularly important for special needs children. right? they did special formulas that were very important. >> reporter: absolutely, andrea. i cannot underscore how much this is the topic of conversation among so many parents. so many parent groups, conversations with pediatricians. to put this into perspective, this is a size of a can of baby formula. when you look at something this size, the average three-month-old baby can go through this in less than a week. that's why this really is such a dire situation. that's also why there's growing pressure on the biden administration to do something to find some sort of a solution. we know president biden met yesterday with representatives from not only stores but manufacturers. they said the administration announced measures to try to fix this. cutting the red tape when it comes to supplying. upping imports. working with states to police potential price gouging. the biggest thing that so many

parents want to know is, when will this issue be resolved? when they see the baby formulah way. the administration doesn't have a time line. to that end, some lawmakers, including some democrats, some of the president's party, have urged him to invoke the defense production act. the war era measure that would allow him to have emergency powers to require some companies to produce certain goods. the white house said that's something they are looking at. a representative from one manufacturer says they are already running their plant 24/7. that's not something that's going to be a full solution. it's part of the issue. one thing i i want to say what parents can do. what parents should not do. pediatricians are warning, do not try to make your own formula. do not dilute formula. those are two things that could be harmful to your baby. instead, what you should do if you are run into shortages, look at some smaller stores rather than some of the big box stores.

there is some formula on the shelves, organic. that is much more pricey than what you would find normally. that's something that's a difficulty for a lot of parents. >> i know exactly -- you know what you are talking about as the mother of a 10-month-old. you are living this. as are so many parents. thank you. money matters. the white house says without more funding for covid vaccines and treatments, the country is left increasingly vulnerable. we will talk to dr. fauci about that and more. he is coming up next. this is "andrea mitchell reports" on msnbc. is "andrea ml is "andrea ml reports" on msnbc.an, "riders" , but "bikers"...is really cool. -seriously? -denied. can we go back to meeting at the rec center? the commute here is brutal. denied. how do we feel about getting a quote to see if we can save with america's number one motorcycle insurer? should flo stop asking the same question every time?

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with our everyday pricing. switch today. for the fourth consecutive day, there are more than 100,000 new confirmed coronavirus cases in the u.s. with numbers rising and immunity waning for those vaccinated already, the president and top white house doctors are urging congress to pass a covid-19 funding bill. it stalled in the senate. the administration warning we

could see 100 million new cases by the fall and winter without additional resources. joining us now is dr. fauci, director of the national institute of allergy and infectious diseases. thank you for being with us. it's great to see you again. >> thank you. good to be with you. >> so we have just passed this horrible, horrible landmark of 1 million people who have died, lost their lives. we hoped the pandemic would be over. more and more people are becoming infected with this subvariant. it's more contagious than the previous subvariant. do we have an accurate picture of how big this case rise is given a lot of people aren't testing anymore and home tests don't go reported? >> you are correct. we are going into an increase. we have now, as you mentioned correctly, for a couple of days in a row have been over 100,000

cases. not as high as it was at the very peak that we had several months ago. but we have to be very careful. one of the things we keep emphasizing, as you know, we have reached a terrible landmark in this outbreak of a million deaths, which is so tragic. many of those could have been avoided if we had had people who have gotten vaccinated who did not get vaccinated. one of the things we have to remember, as we see cases increase now in different regions of the country -- we believe it will continue that way. hopefully, it will reach a peak and turn around. the best way to blunt that is to get people vaccinated who are not vaccinated. because of the waning immunity, over time the protection diminishes over time to make sure that people who have been vaccinated with the initial

vaccine regimen get their booster shot when it becomes due for them. that's really very important. the difference in severity of disease and the need for hospitalization between unvaccinated people and people who are vaccinated and particularly those vaccinated and boosted is a major, major difference. we can avoid morbidity, avoid severe disease. we certainly can avoid many more deaths by getting people vaccinated. >> when you talk about the increase in the numbers of cases, you are seeing -- we see in the new york study i saw that something like three-quarters of the cases were of this new subvariant, which is more contagious. is that correct? is that happening across the country? >> yeah. each of the new subvariants of omicron -- you remember, when omicron bumped delta off the table, if you want to use that terminology -- the original was

more transmissible than delta. then you have variant, which was one even more transmissible, and now we have one that has a longer name, that's becoming more dominant. that's now about 42% of the cases in the country. we still have about 56% are the original. both of those are more transmissible than the original variants. that's the reason why we are seeing a combination of things and a conflation of immunity against immunity you recovered from as well as immunity by vaccines wanes over time. when you get a more transmissible virus like what we are experiencing now in different parts of the country, that's the reason you are going to see increases in cases. as you know, we pulled back on

many of the issues that would prevent infection, for example, many people are no longer wearing masks in indoor settings. particularly when you have crowded indoor settings. that leads to an increased risk of infection. all of those things coming together are explaining why we are seeing this uptick in infections over the last several weeks. >> let's talk about the covid funding. it has been cut in half. $10 billion. it's stuck in the senate. the foreign piece was completely cut out. much to the distress of a lot of people in the foreign aid community, usaid. if this is not approved, what do you say to the people on the hill who say there's covid money in the pipeline? >> that's not the case. >> it's different money, right? >> yeah, it is. we really do need the money

requested. we are entering into a situation where we will approach summer and the fall. we need money for vaccines, for boosters, for testing to get the most appropriate boost, to get more antivirals that we have as well as antivirals we need to develop that are better than the ones that we have. we can't do that if we don't get more resources. it really is unfortunate these are not coming forth for us. because we really do need them. true, we have been given a lot of money. the money has been well spent. i have been asked, you have been given a lot of money and we are still having a lot of infections and deaths. well, there would have been more infections and deaths if we didn't have it. we really do need to continue the stream of resources if we're going to meet the challenges which are unquestionably ahead of us. >> talk to me about what is the

progress for children under the age of 5. all my colleagues are asking me about their toddlers. give us some hope. >> well, i will try. the fact is, one of the things we have to make clear to people, the fda is not delaying the approval of vaccines for children under 5 years old. the fda needs to get from the companies all of the data together with the application for the emergency use authorization. when they do, when they have the opportunity, which they are doing as expeditiously as possible, to evaluate that data, they will come out with a determination as to the safety and efficacy for an eua. sometimes there's this misinterpretation that the fda somehow or other is delaying the decision about that. they are not. when they get the data they need and they evaluate it appropriately, there will be a decision. you can be sure that that will

be based on the best science and the evaluation of the safety and efficacy of these vaccines for children 5 years of age and younger. >> let me ask you about long covid. many americans are living with these symptoms for a long time. there don't seem to be any treatments. does the nih have plans to start clinical trials for treatment of this? >> absolutely. we are putting together large cohorts of people. first of all, i want to make the audience realize, it's a real problem. there's variable percentages. it ranges from anywhere from 5% to 20% to 30% of people who after they get over the acute phase from the lingering of signs and symptoms that for some people can be incapacitating. extreme fatigue, particularly upon moderate exercise, sleep disturbances, inability to concentrate and focus. it is real. we take it very seriously. we are putting together a number of cohorts to try and determine

what the underlying cause is, what the pathogenic neck nich p are. is there any intervention to slow it down or prevent it or, in fact, when people do get long covid, what we can do to treat it. it's a very high priority for us. >> thank you for all of that. great medical advice from dr. anthony fauci. thank you. >> good to be with you. thank you. stonewalled. one lone u.s. senator keeping funding for more weapons to ukraine at a critical phase of the war. the ukrainian ambassador to the u.s. joins us next. this is "andrea mitchell reports" on msnbc. reports" on msnbc. [bacon sizzles] ♪ [electronic music plays] ♪ woo! (woman) oh. oh! hi there.

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to ukraine in the u.s. thanks for being with us today. talk to me about the delay in funding. you were at the lunch, the republican caucus lunch on tuesday. one senator held it up. how serious is this? do you have enough weapons in the pipeline? >> thank you for having me. both lunches, republican and democrat. it was a shock, i have to say. everyone supports it. president supported it. the administration supported it. we had strong bipartisan support in the parliament. we saw how quickly it passed through the house. what is more important, there are so many safeguards in it that allows for control, that's transparent how this assistance is provided. it's very tragic, i have to say.

every day of delay is lives of ukrainians, lives of children, lives of women who have been killed, tortured, rape. i hope we will come back to it soon. they ask provide, especially from previous package, the u.s. did. we urgently need this support. >> as i understand, his objection, he wanted a special inspector general or some oversight, which is, i believe, built into the system. that would mean if it is added, if that is amended, then it has to go back to the house. you know the drill. it's going to take a while. this is a critical time in the war. >> time is of the essence. >> vital time. we will get to that in a second. i wanted to ask you about the war crimes case that began today in a kyiv court with a russian

soldier accused of i cankilling unarmed ukrainian civilian. how important is this first case? >> it's very important. justice, i think, is something that not only ukrainians need but the whole world. just recently we were talking about end of the world war ii and anniversary and how nazis, what they did, and take accountability for that. it's very important that all the russians that are doing this horrible crimes on a daily basis, hourly basis in ukraine, that there's justice in that. they all are held accountable. this is the first one. probably you would argue not the worst one. other cases we hear about, torture and rape of children, elderly. it's just hard even to describe. it's very important. we will not rest. we will bring everythinent transparent.

it's very important that all of them are tried and sentenced. >> let me get to the battlefield. can you confirm the reports that ukraine has pushed russian forces out of kharkiv? >> well, we are defending now a very long line in the east and in the south. our brave armed forces are trying to do everything possible not only to stop the russian forces but also to liberate and push back from as many villages and cities as possible, because, again, as we see, we know what happens there. in a way to save lives, we need to be as effective on the battlefield. >> the u.n. human rights chief says more than 1,000 bodies of civilians have been recovered in areas around kyiv that were previously occupied by russian forces, some were killed during the fighting, some executed, others died from stress, lack of medical attention. do you have the same numbers? do these match your numbers?

>> we are afraid it's going to be more. yes, we have liberated many areas and people who provide help are doing and working there. every day unfortunately, we find out new graves, we find out new places people tortured. unfortunately, any number we would name now is going to be an underestimate of the actual result of the horrible war crimes russians did in ukraine. >> that brings me to mariupol. the latest there is that your deputy prime minister posted that almost 170,000 residents who remained are starving. can you give us any more information about what's happening there? >> as you know, mariupol remains encircled and remained from the very beginning of this war. early on, it was the day six or seven, we had the first case of a baby dying from dehydration.

unexplainable. 95% is destroyed. shocking videos of how russian tanks in mariupol still are driving around destroying whatever is left. still shooting at anyone they can find there. of course, trying to take hold of the steel plant where our defenders are keeping the ukrainians. >> do you have a response to finland moving forward, sweden will follow on ascending to nato probably as soon as june? >> you know, we wish them quick and successful process. as you know, ukraine has in our constitution, our european transatlantic and also more than

60% of ukrainians, before the war, also supported the idea of ukraine being part of nato. i think this war that russia wagd proved russian is a threat. >> we hope that you continue in your successes there in ukraine. it's been extraordinary that you and your government, your president and his leadership have just won the hearts of the world. thank you very much. >> thank you. thank you. all the help to american people. a dark horse. an interview with the republican candidate for u.s. senate in pennsylvania who could upend the race. that's next. this is "andrea mitchell reports" on msnbc. s "andrea mitl s "andrea mitl reports" on msnbc. no wayyyy.

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with four days to go, pennsylvania's republican senate primary is up for grabs. a controversial candidate could pull off one of the biggest upsets of the year. kathy barnett, known for homophobic and anti-muslim comments could defeat two opponents. trump weighed in last night with a release saying barnett can't win in the general. but her rise has shaken the race and shocked republican senate leaders in washington who say she would be the weakest of the three in the general election campaign. that's what they think. joining us is dasha burns from pennsylvania where she had an exclusive interview with barnett. great you got this interview. talk to me about kathy barnett. she's rattled this election. >> reporter: rattled is the right word. this is a major twist in what

has already been an intense and heated race. a lot of people saw it as a two-man race for a long time. that's not the case anymore. it's a three-way dead heat. we first sat down with her earlier this year, back in february. when we were talking to her, she all but predicted this. she told me the media might look at these two wealthy guys from out of state. here i am on the ground. what i'm hearing in rooms with voters is that there's something different happening here. i will tell you, as i have been talking to voters, there has been a little bit of resistance to oz and mccormick. oz, despite the trump endorsement, people are still not sure and undecided. when we went to a barnette event last night where we get the sit down with her, there are voters saying, they are not undecided anymore. they are going to support her. people were sort of looking for that alternative option.

she has been able to get this momentum with a fraction of the money that these other two candidates have. she also has gained momentum with the latest leak from the supreme court with the roe v. wade opinion that was leaked. she has a personal story. her mother was raped when she was 11. barnette was born when her mother was 12. her campaign put out a moving video catering to the anti-abortion voters that i think was a part of this sort of momentum that she's gaining right now. she has a very staunch stance. anti-abortion, no exceptions. will be interesting to see how that plays out in november. however, you just said it, the former president endorsed oz. put out a statement saying she can't win. he had a caveat saying that he would support her if she pulled it off. we asked her about that statement for the president.

here is what she told us. >> the second paragraph, if she should get through, she's going to have a wonderful career. i will be there to support her, he said. we know that president trump does not mix words. he is a straight shooter. i look forward to working with the president. >> reporter: why do you think he said the first part? >> he made an endorsement. he is going to stick with that. >> reporter: we talked so many times about how pennsylvania might be the biggest test for trump yet. how much his influence still holds. right now, really it is anyone's game, anything could happen a few days from now. we will see what that means for the future of the republican party. >> dasha burns, thank you so much. great to see you out there. held hostage. two-time olympic gold medallist and wnba star brittney griner in a russian jail for another

month. her case may impact some future talks with moscow on the war, that coming up, with the former cia direct general petraeus. this is "andrea mitchell reports" on msnbc. israeli police moved in on a crowd of mourners at the funeral of the late journalist. they dropped her casket as police beat people with batons. it was chaos. israeli police say mourners incited the violence. the journalist was shot and killed this week while covering a military raid in the west bank. some say israeli forces fired the fatal shot. the israeli military has launched an investigation. palestinians have rejected the inquiry and launched their own. we will be right back.

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hearing. the judge extended her detention for another month. the state department said this week she was being held illegally. they were able to speak to her and confirmed she's doing as well as could be expected under what can only be described as difficult circumstances. she was detained at the airport after vape cartridges were allegedly found in her luggage. tensions are at an all-time high. russia is suffering setbacks on the battlefield much joining us now, david petraeus, the former cia director during the obama administration, four star general. thank you very much. good to see you. >> good to be with you. >> the biden administration says she's being wrongfully detained. what can the u.s. do? now that she's being wrongfully detained, that means that the u.s. hostage negotiators can get

into this. they were waiting to see if they would release her. >> they can. they will try to come to some kind of agreement, perhaps there will be some kind of deal. this has been done in the past. in fact, there was a successful release of was being held, and i think that's very possible. it just adds another layer of complication to the u.s.-russia relationship, at a time when russia is finding itself in a bit of a quagmire in ukraine, and experiencing enormous damage to their economy and financial system and putin's circle and the most talented russian citizens have left the country, and they don't want to live in the country anymore that is the pariah of the world. >> after weeks and weeks after trying to get the russians to take a call from the biden

administration, and finally they spoke for an hour, according to the pentagon, and there was back and forth communication. secretary austin stressed the need to keep the communication lines open and thinks that message was received -- it's highly unusual, you know better than i, that there was no communication up until now. how important is it that they are talking? >> russia is trying to maybe talk its way through what could be the end game. let's keep in mind that the individual probably most important in that equation is president zelenskyy of ukraine, who is seeing his forces strengthened enormously by 90 artillery pieces, and 90,000 rounds from ammunition just from the u.s. and also from uk and

other nato nations, and a variety of other military capabilities and supplies. they are on the camera offensive to the east of kharkiv, and it appears they could drive russian forces all the way across the russian border in the east. the question is, does that give president zelenskyy and his forces the sense they can go on the counter offenses elsewhere, and they can threaten the lines of the communication between the russian logistical hub and the russian forces that had been trying to push in from the east. the new focus of russian elements since they withdrew from kyiv and the north. i think that's the dynamic that we need to watch in the days and weeks that lie ahead, whether or not the ukrainians can, with the additional support from the

arsenals, with an "s" on the end of that, with democracy push the russians back and if so zelenskyy's objectives would continue to expand, i assume. the question would be, then, how far can they do that? and president putin did not declare mobilization during the celebration of the world war ii victory on monday, nor did he declare war and is still calling it a special operation. that's where we are, i think. president zelenskyy is the one really to watch because it's going to be his aspirations, i think, and the possibilities that the battlefield is presenting to him with the additional support from the u.s. and other nato countries. >> russia now says that it will retaliate if finland joins nato. they are now saying they are going to join and are being welcomed with open arms and the president spoke to the prime

ministers of sweden and finland and indicated strong bipartisan support. this will double the size of the border between russia and nato, and is there any way to predict what putin might do next? >> it will be provocative. the question is what real options does russia have. the last thing they need is to open up another military front. they can't even deal with the one that they have established with the invasion of ukraine. they are going to be fighting very, very hard with the forces they have available, with not much in the way of replacements for forces or weapons systems they are losing in substantial numbers. they have announced already they will cut off the electricity that russia flows into finland, and that will be the first of their action they will take, presumably, and then at the end of the day i think the military

options are relatively limited. i don't think you will see some kind of pre-emptive strike before finland is formally within nato, and it's important to note the uk prime minister has been there and he and the u.s. have provided assurances to finland between that time they apply and are accepted, and that's on the fast track process according to nato. >> do you think zelenskyy is looking to push russia back? >> there's certainly more, and there's never a commander that feels like they have enough, and we have been supplying extraordinary quantities of various weapon systems, and the challenge for the united states has been our artillery requires

a different caliber of ammunition than what he has, and if we enter into something different from what they have, we have to train them on it and provide them spare parts and so forth, and we also have to provide the ammunition. we provided 190,000 rounds of .155 howitzer ammunition. you have to get the eastern block nato countries to provide what they have, which can be more easily integrated into what the ukrainian military operates. >> we have to leave it there. it's always great to have your experience on all of this. thank you. that does it for this edition of "andrea reports," and chuck todd and "mtp daily" starts right after this message. d "mtp dailyt d "mtp dailyt after this message] ♪

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