the ukrainians here and now and push the russians back. >> retired u.s. general twitty, thank you very much. we appreciate it. big morning. that does it for us today. jose diaz-balart picks up the coverage right now. good morning. i'm jose diaz-balart. right now votes are still being tallied after a suspenseful election night. the battle is too close to call between dr. oz and david mccormick. lieutenant governor fetterman is the projected winner. sweeping every single county in the state. fetterman cast the vote from the hospital where he is still recovering after a stroke over the weekend and expected to make a full recovery.

his wife giselle gave an update on his condition earlier on "morning joe." >> he feels great. he wants to get out. they hold him longer but the surgery went great and on the way to a full recovery. >> democratic pennsylvania attorney general shapiro will go head to head with doug mastriano this november. in north carolina, incumbent republican congressman hawthorne lost his bid conceding to chuck head wards. let's start with nbc news national political correspondent steve kornacki at the big board. good morning. where do things stand for the senate in pennsylvania? >> yeah. good morning, jose. what a close one we got here.

mehmet oz, that is his statewide lead is .2%. just over 2,500 votes. to keep in mind, number one, it appears that the biggest source of outstanding votes in allegheny county where pittsburgh is. it's also david mrk cormick's home county and we think 6,000 or 7,000 uncounted votes. election day votes that have not been tallied so far. in allegheny county on the same day vote on the election day vote mccormick is outpacing oz 39-33%. if that holds there's the potential with that 6,000 or 7,000 uncounted votes and a potential for mccormick to make

gains. that would cut into that oz lead statewide and down closer to 2,000 votes. another place where we have outstanding votes is delaware county right there. outside of philadelphia. there are ten precincts in the county that have yet to release the election day votes. that's probably going to add up to a couple thousand votes. mccormick is leading slightly in delaware county and a possibility to get gains in delaware county. the big outstanding question here and i think settles this election it is the mail-in ballots. folks who either sent in the mail ballots a week or two weeks ago, some counties that said we have just been compiling the mail-in ballots and not going to

open or count them until today. the ballots cast a while ago. today they will be counted. also a number of mail-in ballots dropped off at the polls yesterday that just arrived in the mail yesterday. what's the upshot to that and add up to? we think there are probably -- always at risk writing on the board, the number is 30,000. we're starting to get a sense of the ballots dropped off yesterday. and now we think there may be about 30,000 uncounted mail-in ballots that today, tomorrow, sometime in the next couple days will be counted up and the key here is that on the mail votes, the vote by mail ballots mccormick is leading oz so far

on the mail ballots counted by 9 points. so that could be a significant pool of votes. if mccormick continues to do better with the mail-in vote than oz and at the rate that he has been doing so then that coupled with what we tell you in allegheny county and delaware could be enough for mckor manic to overtake oz and move back into first place gentleman that's the variable and the outstanding question and mccormick gets ahead by the small margin and oz is over mccormick, it's razor thin. keep in mind that if the final margin within .5% there is an outmattic recount provision.

it is very likely this is going to land well within the recount zone and no matter who finishes on top the candidate will have to survivor a recount. >> thank you. let's talk more with dasha burns live in pennsylvania outside philadelphia. antonio hilton and nbc news national political reporter henry gomez closely following the races with us. we're still waiting on the results of this nailbiter republican primary. how did they get there? >> reporter: we got here through millions and millions of dollars spent, a series of high profile endorsements and last-minute surge from a candidate that nobody expected and, here's why we have been focused on

pennsylvania so much. besides the importance of the senate seat it's been a microcosm of the conversations at a national level especially about the influence of donald trump. you could look at it in a couple ways. on one hand two third of republicans cast the ballot for a candidate that trump didn't endorse. i'm talking to voters here for months and most have been undecided and i had sensed a hesitation from them when it came to oz. they were confused why he was running in pennsylvania and a talk show host trying to get into politics. at the end of the day a lot of them did wind up voting for oz and because of trump. a couple quick anecdotes with conversations this morning. i was talking to bruce fine.

he was undecided, leaning bortas, a lifelong pennsylvanian real estate developer. he was very skeptical of oz. i asked him this morning what he did. he voted late last night and he said not what i expected and voted for oz saying at the end of the day there's a reason that trump endorsed him. sandra told me that she ended up voting for oz, she was skeptical until trump held that rally a week ago for oz. that started to push her in that direction and went for him. another gentleman from the east of pennsylvania, he wanted to go for jeff bortas and said he wanted someone who could win and he went for david mccormick.

this shows you how idiosyncratic voter behave is. trump got voters over the discomfort with oz and pulling them to his side in the end. so, so, so tight. >> no doubt about it. henry, let's switch to the pennsylvania governor's race. how concerned are they about mastriano? >> very concerned. trying for weeks to somehow stop mastriano once it became clear that he was the front-runner. the efforts by the second place candidate, consolidate the other candidates around him. a few of lower polling candidates dropped out last week and endorsed barletta but it was

too late. perhaps they underestimated him at first. he lost but he had trump's endorsement though it didn't help him win and a sense that the race would come back to a barletta type candidate and nevada happened and now seeing national republican establishment figures with concern with the race. to me a more telling reaction to mastriano's win is a statement from the republican governors association and the job to elect republican governors and almost always once there's a republican nominee they show great -- especially a battleground state like pennsylvania they show enthusiasm about the candidate. last night's response was extremely muted and basically said doug mastriano is the

nominee. not that we're excited and did not make a commitment to spend money on the race which is astounding when you consider how important pennsylvania is to republicans. and the real issue is the governor of pennsylvania picks a secretary of state to count the votes and a huge issue with former president trump. mastriano said he'd pick someone that took a hard look at the voter rolls. and that's what the stakes are. because it's a close state republicans are worried that he will stand too extreme to independent and moderate voters and shapiro is the statewide elected attorney general and has crossover appeal this is a fraught moment. >> indeed it is. breaking right now nbc news

projects stephen heidt in idaho. just coming in to the office here. antonio you spend the day yesterday in madison hawthorne's district. what did you learn? >> reporter: the warning signs were all there, jose. i spent the day in a republican county outside of a precinct talking to voters and every single one aware of the string of controversies that engulfed the 26-year-old congressman, trying to bring a gun through the irpt to calling the president of ukraine a thug to videos and photos of the congressman that leaked and appeared to disturb them. some on the sidewalk actively debating whether or not to support him. some words were immature. people wondering is he readily to lead. these are in some cases folks

who supported him and known he was a rising star on the right with the name recognition and the support of former president trump. take a listen to a conversation with a republican voter there. >> that and just some -- some silly things that he's done. you know? the speeding tickets, the knife at the school board. you every in a leadership position. you have to stand up. and you have to set an example. can't lead from behind and take responsibility for your actions. >> reporter: the voter who you just met there went with the gut and voting for cawthorn. so that was real lay warning sign for us and we heard folks

mention chuck edwards' name that trumping cawthorn last nigh. they said if he loses it is his own fault, jose. >> thank you so very much. also breaking news from ukraine. plus congress is now taking steps to ease the baby formula shortage. congresswoman kim schrier is live with what she is demanding from the fda. you're watching "jose diaz-balart reports." at chevron, we're working to find new ways forward, through investments and partnerships in innovative solutions. like renewable natural gas from cow waste, hydrogen-fueled transportation,

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looks like we're feeling good. bring on today with unbeatable business solutions from the most innovative company. comcast business. powering possibilities™. congress is taking steps to try and ease the baby formula shortage and figure out why it's so difficult for parents to find ibt. the house could vote as soon as tomorrow on a $28 million bill to boost the supply and prevent shortages. the same day fda commissioner will face tough questions on the issue from members of a house subcommittee and 150 house members signed a letter to president biden urging the government to do more to deal with the shortage. with us now is washington congresswoman kim schrier. first pediatrician elected to congress. it is great to see you. thank you for with us. in that letter the colleagues

ask for a quote review of any longstanding agency issues that may have led to warping signs missed prior to the recalls being necessary at a time of global supply chain instability. the recall was issued in february. how is it that there's no red flags at the thyme that that could end up being a problem? >> that's exactly what the question is. right? that when there's a recall in february and you know that there's only five factories in the entire country producing abbott formula and a big percentage comes from one factory in michigan why didn't we prepare for the shortage? supplies were already tight with supply chain issues and the pandemic. and then this is making things much more acute and families find empty shelves in the store and really tough for parents.

>> families have been having a tough time towards the end of february or march already families having tough time finding a formula. 90% of the baby formula is produced by the four companies. abbott, nestle, meade and perrigo. abbott produced 45% of all formula sold in the u.s. is there anything to do to increase the production of formula in our country? >> absolutely. the president always has the ability to enabout the defense production act and probably didn't really take that. the foresight they should have had back in february with this voluntary recall was to increase the production by a certain percent anticipating this would happen. i just want to emphasize that

formula kind of falls between nutrition and medicine. like most breast fed babies have a reliance on formula and touches virtually every baby in the country and they can't just switch to some other food. >> yeah. low income families are particularly affected. half of the baby formula that is purchased in the country is by low income families. i'm wondering as a doctor, it is not food. it is almost food and medicine at the same time. is there something that we could do to help the families that are right now having such difficult times? >> absolutely. we have early warning systems. we used to get the notifications at the practice running low on an antibiotic or something else

that we needed and using it carefully and should have the same system as something as critical for formula. we can talk about a strategic stockpile and certainly having the ability to ramp up, diversifying the supply chain and now import from foreign countries. >> congresswoman, thank you so much. we appreciate your voice. >> it is my pleasure. i would encourage families panicking talk with the pediatrician. there's a difference between a newborn and almost 1-year-old in terms of what they can eat. >> thank you. >> thank you. president biden had strong words yesterday in buffalo, new york, as they mourn ten black people killed in the racist mass shooting of the weekend. >> white supremacy is a poison. it's a poison.

running through our -- it really is. [ applause) running through our body politic and allowed to fester and grow in front of our eyes. no more. >> ron allen is in buffalo. good morning. how are people there coping with this? such difficult times. >> reporter: it is, jose. it is more subdued this morning as i just arrived here. fewer media and police here and investigators. later in the day crowds form at the memorial. the reality is settling in. there's anger, grief, frustration and feeling that nothing will happen as is the case of so many other mass shootings over the years. the families are coming to grips

with the lost loved ones being gone and understand the first homegoing services as some families call them in their faith happening this weekend. people are trying to get on with the lives. also a huge outpouring of support for the families and for others. this grocery store is shut down and you can't see it but there are makeshift food pantries set up trying to get fresh food to the residents of the area who need it and volunteers are there stepping up and talking to the volunteers and they say that they do this to help them feel like they're something positive in the midst of the horror. that's where we are. tomorrow the suspect appears in court. another moment in all this as we

take this one day at a time to try to move forward. jose? >> thank you so much. going live to ukraine and the forces that surrendered, their future is uncertain. out k. what goes on it. usually. and in it. mostly. here to meet those high standards is the walgreens health and wellness brand. over 2000 high quality products. rigorously tested by us. real world tested by you. and delivered to your door in as little as one hour. welcome to your world. your why. what drives you? what do you want to leave behind? what do you want to give back? what do you want to be remembered for?

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28 past the hour. following the multiple developments in the war in ukraine. a 21-year-old russian soldier pleaded gltd to charges that he killed a ukrainian civilian. and today sweden and finland submitted the application to join nato. now all 30 members of the alliance will weigh in on the application which is expected to take two weeks according to associated press. new video that i want to warn you about. it is disturbing. a missile strike hit a five-story building and seriously injured a 9-year-old boy. there he is being taken out. joining us from kharkiv is nbc news foreign correspondent matt bradley and with us is the co-founder and executive director of the anti-corruption

action center. what is the latest on the ground? >> reporter: yeah. what we have been seeing here is went around to the lib rated villages and towns and seeing destruction left over in the form of russian tanks sitting there clearly destroyed by the ukrainian forces who very quickly overwhelmed and probably surprised the russians. what's interesting about kharkiv is unlike like in kyiv where the russians abruptly withdrew here the ukrainians succeeded in beating back the russians so that means that they did a lot of damage against russian forces after the russians said they'd focus here and this before the bulk of the western military

weapons from london and washington made it to here in the eastern part of the country. the switchblade drones and how itsers and seen a shift in the the battle and places that the russians withdrawn from several weeks ago but the real story today is mariupol. that city that's been besieged by the russians for months now it looks as though -- well, we don't know exactly but looks like the final fighters came out of the steel plant. there are as many as 1,000. in what looks like a negotiated settlement. now the fate is unknown. as they heard from the russians there are plans to possibly consider declaring the far right

group that's incorporated into the russian armed forces as a terrorist organization and make them outlawed and that would mean that the soldiers who surrendered could be treated as prisoners and tried for crimes. jose? >> matt bradley, thank you so much. i want to speak with you about so many issues that we have had the opportunity to speak about epa this first war crimes trial of the war. a 21-year-old that pled guilty. he could face up to life in prison. is this the accountability you need to see and not just on one soldier? >> absolutely. and this kind of accountability has to face every single russian soldier and general who was ordering atrocities and crimes in ukraine. there are different wares to

hold them accountable. the prosecutions in ukraine. we ensure that they face fair trial and international criminal kosht. some of the most landmark cases to be tried by this court. since we spoke last time you met with senator mcconnell. what is it that you want the quite to do? >> i expect that the senate will finally pass the aid package. it is essential for ukrainian victory and within these aid package money are being dispensed swiftly on the nato modern weapons which ukraine is requesting now to go on counterattack and i pass to mitch mcconnell the list of priority weapons. this list is publicly available. president zelenskyy mentioned

the list a couple weeks ago and we need multilateral assistance. we need them to start taking over the occupied territories of ukraine by russians. you see from kharkiv that some of their villages are being occupied and ukraine armed forces entered but we can't retake control on the south of ukraine and control mariupol and according to public information about 100,000 people still in mariupol and camps which basically are places for or the killing, intimidation for ukraine civilians. we can't allow russians to stay long enough in the occupied

territories. russia is weak now and matter of weeks to receive weapons in order for the military to go on the counterattack. >> thank you very much for being with us. a programming note. andrea mitchell will talk to president zelenskyy's key adviser today at noon on msnbc. up next, the latest sign that the justice department is widening the investigation into the january 6 insurrection at the capitol. you are watching "jose diaz-balart reports" on msnbc. t. and the cutest boxed lunch we have ever seen. and you can find him right now on upwork.com when the world is your workforce, finding the perfect project manager, designer, developer, or whomever you may need...

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shaquille brewster joins us. what can you tell us about the plea? >> reporter: it was announced by the attorney general's office, the state prosecuting the case and this is an officer involved on the case as george floyd was being murdered. this is thomas lane. sources connected to the investigation, to this case said that lane will plead guilty to second-degree manslaughter. the state will drop the murder charge that he was facing. he was facing charging of aiding and abetting the murder of george floyd and then propose to the judge to serve a 36-month sentence. i want to read from the statement that we got from the attorney general just this morning. i am pleased thomas lane has accepted his responsibility for his role in george floyd's death. it is an important step toward healing the wounds. that again from keith ellison

the minnesota attorney general. this does come as a surprise because in the past couple months we heard in the pretrial proceedings that a plea deal was offered to the three other officers and rejected so this is coming as a bit of a surprise and we do know that two other officers on the scene as george floyd was murdered has not accepted a plea deal and that trial will begin in july. >> thank you so much. a new sign the justice department may be widening the investigation into the january 6 attack on the capitol. officials leading the investigation sent a letter to the house january 6 committee for transcripts. a justice department spokesman declined to comment but benny thomas said they're not ready to

hand over the triptds. >> we are conducting an investigation and if they want to come and talk they are perfectly welcome to come and talk and we have talked to them on other situations but we can't give them full access to the product. that would be premature at this point because we haven't completed our own work. >> with us now to talk about is nbc news justice reporter ryan riley. good morning. what's the transcript request tell us about the doj investigation? >> it is moving forward and the information the commit tee uncovered is of value to the department of justice. they can prosecute anyone that lied to congress in this investigation. as a result of the committee's -- congress' interview of russia interference in the 2020 election so it's a

big step forward with the request of the transcript. >> ryan, thank you so much. coming up with this latest rise in covid cases how worried should you be about being re-infected? will we be getting re-infected all the time? we'll ask a doctor that next. k t of lover's quarrel. no, no, no. they're both invested... in green energy. and also each other. digital tools so impressive, you just can't stop. what would you like the power to do? did you know you don't have to be 65 years old you just can't stop. to qualify which means you can start taking advantage of all these benefits right now. a $0 or low monthly plan premium. preventive and comprehensive dental coverage.

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47 past the hour. happening any moment biden administration officials give a press briefing about the rise in covid infections across the country. 46 states report an increase in cases as the u.s. is reporting more than 129,000 new cases on tuesday. joining us now an infectious disease physician. doctor, it is always a great pleasure to see you but after dealing with covid for more than two years some people are getting sick again. how often can people be reinfected with coronavirus? >> great question. this is going to be at the root of the innovation that we do in

the next phase of the pandemic to keep us safe from the virus so in a simplistic way when you recover from the virus or get the vaccine the body has antibody that is protect you and have memory cells to protect you and what we discovered is the apt bodies go down around four or five months and people get reinfection and the b-cells and t-cells provide really good protection against severe disease and hospitalizations in most people. what does that mean? that's why you see people who have had boosters get good protection from hospitalization and a greater disconnection between infection and hospitalizations and deaths in this phase. it poses a questions of if the antibodies continue to go down

what's the cost of the infection? some patients that get the infection get long covid and so we should do as scientists is next strategy to figure out new strategies of vaccinations that build on the success of the current vaccine to also try to prevent infections and work is being done on that regard. >> if the immunity from both booster of vaccines and getting is four to five months so six mos, a year after you have covid, is it pretty much the same as if you never got a vaccine? >> absolutely not. the vaccines that exist did a job of creating a barrier to severe disease. it is simply saying that if you become vulnerable to infection you still have currently for

people like me who have gotten three doses that the data shows the protection against hospitalization is over 80% which is really fantastic when you think about the vaccinations that we currently have but two things are happening. right. one is in certain pop populations, people who are older, they're seeing waning of immunity that might affect the severity of illness so that fourth booster is important for them. but, two, the virus itself is continuing to evolve, jose, because there's so much transmission all across the world. because it's evolving, the new variants are posing a new threat to us as well. so, when we control the infections, i think, and we come up with a new generation of vaccines we may be able to get around the infection question, but we're already protecting against severe disease and hospitalization, in the current generation that we have of

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54 past the hour. the biden administration moving

to ease sanctions on venezuela and nicolas maduro. the biden administration said the easiest of the sanctions to meant to encourage relations between the u.s.-back opposition and the regime of nicolas maduro. and chevron also negotiated its lease in venezuela. senator gone menendez criticizing the move calling it, quote, a strategy destined to fail. and going on to state, quote, united states should only consider recalibrating sanctions in response to concrete steps in negotiations. not cheap talk from a criminal dictator. the u.n. says venezuela's humanitarian crisis which includes rampant violence. no freedom of shortages or food has left to the replacement of 6 million venezuelans. and we're five days away from

the scheduled end of title 42, the covid trump-era policy. without hearing a claim for asylum. a judge set to decide whether the policy can be lifted. and the administration says it is prepping with homeland security secretary mayorkas visiting the territory yesterday. according to court documents, u.s. officials found more than 234,000 migrants at the border last month. in april. that surpasses the total which broke records by more than 10,000. in april, the lowest rate. nbc's morgan chesky is live in eagle pass, texas. five young morning from honduras were found dead inside a train in the mexican border, just across the border where where you are. what are you seeing and hear at the border these days? >> reporter: yeah, jose, good

morning, every trip we take to the u.s./mexico border, you walk away with a better picture of what's happening here. we are in eagle pass where you were just days ago in what has become one of the busiest crossings in the last weeks and months here. last time i was in his exact location i witnessed a group crossing under the bridge. and they were met by national guardsmen who essentially held them there some border patrol agents could arrive and take that group in custody. that group when they arrived were from cuba. there's a great increase from those from guatemala, honduras, venezuela. we're about to expect to dpa agents who aren't too far away from where we're standing, jose. they're working in connection with mexican authorities which we've seen patrolling the other side of the river here. in fact, you'll be able to see behind me in just a few seconds,

one of the boats patrolling the river here has been making its way back and forth, jose. and you can see this has become a common sight here up and down the rio grande, because of the anticipated surge with the end of title 42 on day 23rd. i should note that everyone we've spoken to up and down the border, whether in del rio, texas or here in the eagle pass, they do anticipate a number of people to come across when title 42 ends may 31st. that's not just in positions of authority. but also folks who live in these border towns, jose, they're very aware of the ongoing situation here. some are concerned that it will make things less safe for them as law enforcement resources are being diverted to the border to assist as needed. so, as it stands right now there is very much a feeling of a waiting game to see what happens, what decision that louisiana judge will make, in this title 42 lawsuit.

that was issued on behalf of arizona, missouri and louisiana. that was then joined by more than 20 other republican-led states. so, as it stands right now, we did hear from secretary mayorkas in a border visit yesterday, the south does say they anticipate a surge that is expected to plateau and then hopefully decrease. the key word there being hopefully, jose. as they revert back to pre-title 42 policies. and they would then take immigrants under custody under title 8. and if they're found to not have a valid asylum claims then expeditiously take them back across the border. jose. >> meanwhile, morgan, you witnessed day and night, men, women and children continue to cross that river right behind you and look for american

officials to hand themselves in. morgan chesky, thank you. i'm jose diaz-balart. thank you for the privilege of your time. katy tur is up with more news right now. good to be with you, i'm katy tur. it's 11:00 a.m. eastern, and 8:00 a.m. pacific. and right now in pennsylvania they're still counting votes. last night's primary came with some surprises and one big cliff-hanger. the most closely watched contest on the republican side. the primary for that open senate seat, is still too close to call. trump endorsed tv doctor mehmet oz and businessman david mccormick you see them here are neck and neck. on the other side, democrats are rallying behind lieutenant governor john fetterman not s