there's nothing she gained from doing this. so i always look at that as being a critical factor in how credible someone is. i also think that with regard to the disputed parts of her testimony as neal said it is a part of a bigger picture and with regard to the drive in the su what is not disputed is that trump wanted to join the violent mob at the capitol. this was someone who saw this group as his private army and he wanted to be the general who was leading the troops into congress. if that had happened we would not be analyzing the crimes he's liable for because he would have been arrested days after leaving office. in whisking him away the secret service actually gave him

plausible deniability and frankly a legal defense that he can now use. >> former fbi agent asha and neal, thank you. that does it for us this morning. jose diaz-balart picks up the coverage right now. good morning. i'm jose diaz-balart. right now we are awaiting decisions from the supreme court. just four cases to go for this session. including one on immigration that will decide whether a controversial trump era rule will stay in effect. and bombshell testimony. we are taking a deep dive into where the january 6 committee goes next after revelations of a witness to key conversations the morning of the insurrection. >> the president said something to the effect of i'm the f'g president. take me up to the capitol now. >> we will discuss more with

congresswoman norma torres. plus new details in the death of 51 people trying to migrate to the united states. what their deaths tell us about the risks people are willing to take to get to the united states. new today major moves from nato to counter russia's aggression. and a major development from abortion rights. a texas judge temporarily blocked a pre-roe abortion man in texas. what this means for patients and providers. ♪♪ we begin this morning with the intense fallout and some critical pushback after one of the most revealing days of the january 6 hearings. at the center of it, cassidy

hutchinson, former aide to mark meadows. she was present during the moments leading up to and during the january 6 attack on the capitol. the critical point she made under oath. the white house knew january 6 could turn ugly and didn't do anything about it even though the president knew some supporters were armed. consider this critical moment from the video testimony the committee played. >> the president said something to the effect of i don't f'g care that they have weapons. they're not here to take me. take the f'g maggs away. >> correspondent ali vitale, kay he svenner and joyce vance. ali, some of the points are

seeing some pushback but not the key points that the white house knew things could turn ugly and the committee is standing by the testimony. what do we know this morning? >> reporter: that's the central focus. the fact that as some of the details are disputed what happened in the perspective of the white house of pressing forward that central point remains undisputed but this morning what we are seeing is he said/she said. the secret service pushing back anonymously on the claims with the form ere president in the beast. so stunning for us listening the fact that the former president allegedly grabbing at the steering wheel and lunged at the chief of security there for the secret service in the beast when they told him he couldn't go to the capitol. that's something that the secret service is disputing anonymously. that cassidy hutchinson said on

the record in person yesterday and a dispute of the white house counsel and hutchinson and the note she may have written. they said that hershman wrote that note but hutchinson saying she wrote the note and her handwriting. the central premise and the committee saying in a statement that they found the testimony to be credible. also pointing the fact that both come to the same conclusion which is that whoever wrote the note and they believe it was hutchinson that the central premise that trump knew that he wasn't pushing back hard enough and then at the end of the select commit tee statement they say that any other witnesses to come forward should do so and sheds light on what the chairman said yesterday when he said that if anyone has new memories or newfound courage that the

committee still wants to hear from them and leads us into ginny thomas that they need more information before moving forward to sit down with them. jose? >> joyce, is there a concern that the denials and the discrepancies could damage her credibility? >> it could, jose. it is an unusual format for testifying witness credibility with a congressional hearing because there's no cross-examination. we don't have anyone in the moment trying to nail the witness down on the finer points so what we see now is cross-examination via anonymous comment about hutchinson's credibility. we don't know where that will end up. she was young, handled herself very well. she had every reason not to testify and she was there under

oath. that's all in her favor. when we have people coming forward anonymous not willing to testify under oath it is difficult to credit the suggestion that she is not fully truthful but i suspect we'll hear more and the testimony will be evaluated and see how well it holds up. >> she had a lot to say about trump's white house counsel. i want to play where she discussed the reservations about trump's desire to go to the capitol on the 6th of january. >> mr. cipollone and i had a brief private conversation where he said to me, we need to make sure that this doesn't happen. this would be legal laterible idea for us. >> what does it mean that people inside the president's inner circle acknowledged that they were in a legal danger zone?

>> that's a question that this committee should be able to ask pat cipollone. it's really when you think about it just a terrible abdication of responsibility for people like cipollone and mark meadows and the former vice president to refuse to testify in front of the this committee to have a full picture of events. cipollone was the white house counsel and the lawyer for the presidency, not the lawyer for the president. he may have some form of executive privilege that he is concerned about and he could deal with that by asking that it be waived or going to a court for an order and then testifying business they want to know what did he know? did he have conversations with the former president? if he made the statements and concerned about criminality he is not the person to engage in loose talk of that issue and

very important to note what he knew. he is the one who can tell the committee that. >> katie, talk about where the justice department could take this. trump's own attorney general bill barr told your paper yesterday quote the department is clearly looking into all this and there's a lot there. what do you think that means? >> i'm not sure what it means for bill barr but for the justice department there is a lot to look at in terms of everyday. this is new for the american people and not necessarily for the justice department. the department conducts the investigations privately. it doesn't say who the targets are and doesn't talk about the steps. the reason the public know that is the department is acting is because at some point it must do things that become public like issue warrants and subpoenas and

bring a witness before a grand jury and seems the stage that the justice department is operating in terms of looking at the scheme to send fake slates of electors to the congress. back in january of 2020 the inspector general horowitz said that he would be investigating those who may have tried to overturn the election and focused on clark. the justice department working with the inspector general's office seized information from clark's home phone and phone of mr. eastman. would the justice department charge donald trump? i won't predict that but looking at the calendar we are in an election year. i think it's unlikely to charge anybody, any leader of the

republican party right before the midterm elections. i don't think it's happening before the midterms if it doesn't happen by august. >> mick mulvaney reacted this morning. >> i have been defending the president. i have seen the same speech given. i see him accused trying the foment violence but after yesterday and he knew that there were guns on property and that he still encouraged people to go to the capitol that changes my mind. >> interesting. mulvaney's mind seems to be changing. is this something that maybe could have an impact on other people's minds? >> right. so i don't think this is going to have an impact on the justice department investigation. they try to draw in the facts to see if they show and can proof

that donald trump violated specific statutes of the u.s. criminal codes. however the question for the justice department and any prosecutor is what will a jury think. i think that until yesterday there was a really clear split and up in the air as to whether a jury would say donald ump nd a reae doubt tried to for example do something like incite the crowd. the testimony is interesting because she says that he wanted armed supporters to come into his area and he knew that they were armed and angry and said they can march to the capitol from here. we see almost what we have ner seen befores a look inside trump's state of mind and wanted people to go to the capitol and he did not mind that they were going armed and wanted to join them. it is the evidence that the department would want to present

to a jury to make that argument. >> yeah. the former president almost immediately said that he had not said that. is there a way to find other sources that could either confirm or not that statement? katie, ali, joyce, thank you. i want to bring in congresswoman norma torres from california. thank you for your time. when you heard yesterday's testimony what were you thinking? you were at the capitol that 6th of january. >> yes. nice to see you. yesterday's testimony was another gut punch to every single one us on the balcony face down crawling through rows and rows of seats to safety with hardly any officers in sight. as a former 911 dispatcher

listening to the radio traffic of officers screaming asking for help through that entire ordeal, what that tells me is every one of those republicans that have been identified aen the leadership, the gop leadership in the senate and congress were in on it. they knew that the president was trying to force the way into staying another four years. more and more to me it appears that this was something planned from day one after his first election way back in -- when he first won. they were planning the re-election. they knew they couldn't win with a candidate who was so grossly incompetent in being the president of the united states. every time he opened his mouth

it was violence. violence against immigrants and women and lgbtq community. anybody who would stand in his way and not agree with him. it was always turned on him why what i feel more badly about are those core workers that ran the election. these election workers, many of them -- minimum wage who have to put up with the gross incompetence of the law enforcement who was supposed to protect them. because the president unleashed this violence on them. >> congressman, the committee implied that some members of the trump orbit trying to influence witness testimony. if that is true what do you think should happen? >> if that is true i think the

clock is ticking and the department of justice needs to move on the people and gun to start making those arrests. we cannot wait for the election, the midterms to be here for justice. justice needs to happen right now. the receipts are there. the january 6 committee has already given all of the information. they need to move on this now. >> congresswoman, i want your thoughts if you would on this tragedy that happened in texas. 51 people lost their lives inside a trailer truck essentially just burned to death. why is this happening and is there anything that all of us should do?

>> absolutely. look. as an immigrant who came from central america at a very young age not by choice but because my parents sent me to the u.s. they didn't see a future for me in central america. what happened to these people is so tragic and the blame is on both sides of the border. these countries who continue to see their people leave by the thousands and die by the hundreds through that trajectory, that horrible path through mexico into the u.s. border, southern border, i think they are primary to blame but title 42 is another issue that stands in the way of saves lives. before title 42 many asylum seekers presented themselves at the border. these are the conditions, why i

left. help me. we continue to deny them an opportunity to seek asylum in the u.s. which is our law. it is international law, agreement that we have made and a responsibility as americans to hear the case at the very least. >> there's not been any movement in central america. for the quite to set up a process by which people in their countries can request asylum in the countries and going forward. there's a lot of lacking things and unfortunately as you know the people that pay the price sometimes ultimately are those that have no voice. >> yes. >> i thank you so much. >> thank you. >> i'm sorry. i thank you very much for being with us. ahead president biden meeting with nato leaders in madrid. we have the latest military

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we have breaking news out of the supreme court. let's get right to nbc's pete williams. what's the latest? >> i think this headline from the "daily oklahoma" newpaper says it all. the supreme court said that when someone commits a crime, when a nonindian commits a crime against a native american on reservation land only the federal government or tribal courts can handle that case. and that has been a subject that the state of oklahoma has fought against for two years saying the federal government is overwhelmed trying to prosecute cases and trying to get the jurisdiction back and today the supreme court gave that jurisdiction back to the state. the supreme court by a vote of

5-4 said that both the federal government and the state have concurrent jurisdiction with native american courts for crimes against native americans committed on reservation land by nonnative americans. this affected much of eastern oklahoma, part of tulsa. it was a very big deal for oklahoma and oklahoma has a pretty sizable victory here today. so we had four cases left before today, jose. we have two cases left including two of the most interesting cases of the term. the extent to which the biden administration can shut down the trump so-called migrant protection protocol, the remain in mexico policy for people trying to come into the u.s. through the southern border and how much authority the

environmental protection agency will have to curb greenhouse gas emissions. we will probably get the decisions tomorrow because the court said tomorrow is the last day. >> i'll speak with you tomorrow. >> you bet. we are learning more about the 51 people killed in what is believed to be the deadliest case of human smuggling in recent u.s. history. there's 22 people from mexico. seven from guatemala. two from honduras and many more yet to be identified. three people in custody. just moments ago the president of mexico claimed that the driver of the truck tried to pretend he was a survivor. nbc news did not independently confirm that claim. joining us now is morgan chesky.

the u.s. attorney said the migrants found in and around the tractor trailer? what more do we know? >> reporter: yeah. absolutely. a tragic scene. you mentioned the mexican president shedding new insight and said 16 survivors in san antonio hospitals like this one fighting to stay alive. they are in critical condition. as far as the condition that this truck and those victims were found in, we did have a chance to speak to the san antonio fire chief yesterday who described it as an appalling scene in that there were victims packed inside and outside the truck. whenever they first arrived. that call that they reacted to, responded to was that of people laying outside the truck and some too weak to move from being exposed to the temperatures on monday it hit 100 degrees here

in san antonio and that was on the outside. you can only imagine how hot it was on the inside of that truck and waiting to find out how long it had been sitting there in the heat before first responders arrived. 51 people killed as a result of this. the fire chief who has been in that role for more than a decade here in san antonio said it was one of the worst cases he's ever come across as they try to treat those still alive and bring in buses to take away the bodies from that scene. federal investigators of course have taken over this investigation. we are learning about the three individuals taken into custody. two are mexican nationals. we know the men were tracked down by using the license plate on that semitruck and tracing it to a san antonio home where they found these two individuals both

of whom who overstayed the visas to be in the united states and both in possession illegally of multiple firearms. that third individual as you mentioned identified by mexican officials as an american citizen at a san antonio hospital still recovering. yet to be known his involvement in this smuggling plot. jose? >> thank you so much. joining us is fernando garcia, founder of the network for human rights. you do so much work to assist those people who simply are looking for an opportunity at life, at new life through asylum cases and otherwise. we have victims from mexico, honduras and guatemala. tell me why this is so prevalent and almost mind boggling to

believe 51 people were in that trailer with no oxygen. no water. just left to die. >> jose, exactly. this is a very sad day for immigrants, immigrant communities and latinos. we need to be upset and we need to demand changes right now to what is happening at the border. we have been working for almost two decades at the border. there is a relationship between the increasing migrants dying at the border and the policies and strategies implemented by the quite government. title 42. telling people as they cross even some of them asylum seekers. trying to come legally into the country is returned to mexico. the deterrence policies are

dreckly responsible of people looking for remote ways, dangerous and deadly ways to come across. this will be a record year for migrants dying at the border. might sur pass the 1,000 migrants for this year. that's two or three a day dying. i think this is a sad and difficult situation. >> in this particular case, for example, it all indications that this truck picked up these people in the -- from crossing and then 150-mile plus journey in that essentially oven packed with people. is there a syndicate crime

circle making money off these people? >> this is the irony about the border policys. we see the increase of enforcement. that is good business for cartels because they are the only ones that have the resources to smuggle people and who actually do corruption acts of border agents or taken to the deadly ways to cross the border. there is no doubt now that criminal organizations are making profit and big business. you remember in the past bringing people to the united states was a mom and pop deal. now you need to pay thousands of dollars to the organizations that are bringing these immigrants in these conditions to the country. >> thank you. thank you for the extraordinary work that your organization does day in and day out for just

basic human rights and human dignity. i thank you for your time. >> thank you, jose. chilling video of the moment a russian missile struck a ukrainian mall. what russia claims really happened. y happened to give back to younger. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. it's still the eat fresh refresh, and now subway's refreshing their italians. like the new supreme meats, topped high with new italian-style capicola. that's one handsome italian. uh... thanks.

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learn more at viking.com we turn now to a major break through within nato with the expansion of the alliance now more likely. nato leaders have invited finland and sweden to join nato after turkey dropped its objection to the membership in light of russia's aggression in ukraine. meanwhile on the ground in ukraine stunning new video of the very moment of impact when a russian missile strikes a shopping mall filled with civilians. russia claims it was not the intended target and meant to strike a fuel depot. joining us from madrid is correspondent keir simmons and admiral james stavidis. he's the author of the new book "to risk it all."

keir, this comes as president biden is set to increase the u.s. military presence in europe, particularly in poland. >> reporter: that's absolutely right, jose. what we are seeing right now is nothing less here in madrid than a generational shift in nato's posture to russia. describing russia as a significant and direct threat. president biden announcing more forces coming into europe. for example, the 5th army corps will have a permanent headquarters in poland. . the idea to be careful to defend europe and not offend russia is swept aside. i asked about that earlier. does 300,000 nato troops on high aleft increase the risk of a conflict with russia or make

europe safer? >> make europe safer, of course. now russia is an aggressor in ukraine. russia attacks ukraine and russia, russia is a threat for europe but not only for europe whole nato. this is very clear situation now. >> reporter: jose, that 300,000 nato troops on high alert is another big number announced by the nato secretary-general today. not entirely clear where the troops will be or how the numbers add up. we'll wait to see how that displays itself if you like in the days ahead. >> admiral, turkey demanding that finland and sweden lift bans on armed sales to turkey. what do you make of that trade? >> i make it that the turks have decided to be pragmatic here.

i don't think they got everything they want but it was a good negotiation led by president biden, frankly. the big news, the real headline is adding sweden and finland. we are bringing new u.s. troops but here's a way to instantlytiy of conscription and high tech systems. they deployed with the nato troops. sweden, for example, manufactures very high-tech aircraft. this is a huge plus up for nato and a good day for the alliance. >> admiral, is there any concern that putin could react a certain way to this what appears to be an fatale compli?

>> they have to ratify the agreement so look for formal asession by the fall. there's nothing putin can do about this. it's nothing but a problem for him. it adds 830 miles of border. gives nato many more flanking options. opens up the arctic. both finland and sweden are arctic nations. it is clear that putin is breaking the faye lax in ukraine. he doesn't have the resources to take on this move. it creates real deterrence. >> i want to say that i just started to read the book and enjoying it very much. keir, i hope you get to enjoy madrid and late dinner somewhere

nice. >> see you guys -- >> reporter: very well. don't worry about that. >> good. up next, abortion clinics in legal fights across the country the stay open. we'll talk about what one is doing to help pregnant patients who need care. you are watching "jose diaz-balart reports." t reports. hmm... back to the miro board. dave says “feed it?” and dave feeds it. just then our hero has a breakthrough. "shoot it, camera, shoot a movie!" and so our humble team saves the day by working together. on miro. the unknown is not empty. it's a storm that crashes, and consumes, replacing thought with worry. but one thing can calm uncertainty.

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44 past the hour. now to the ongoing ripping effects of the u.s. supreme court's landmark decision which said there's no constitutional right to an abortion. a texas judge temporarily blocked the state from enforcing its abortion ban meaning clinics can perform abortions up to the sixth week of pregnancy as courts in tennessee lifted injunctions that blocked the states from making them illegal after six weeks. with us now is maya wylie, president and ceo of the

leadership conference on civil and human rights and dr. el sadine president of planned parenthood in kansas. what does the supreme court's decision mean for you and your patients? >> new for having me. obviously the supreme court decision is harmful. in our region we have been operating in this quote/unquote post roe world because of the cruel laws that were enacted in texas and oklahoma within this past year and so it's making a place where abortion is really hard to access even making abortion harder to access after the overruling of roe. >> tell us how. how has it made a difficult situation to begin with even

more difficult. >> yeah. what comes into play in my mind is the fact that when you have the big national headlines that say things like abortion is illegal in 26 states or something like that it's a situation where patients are confused and the laws are written to meant scare people to shame abortion and when you have the national news with things going on in missouri, arkansas, oklahoma and kansas they don't know the rights and there is a lot of medical misinformation. a large hospital system in the kansas city area said they won't give out plan "b" at the hospitals because they're afraid that it violates the law and those that knows science that plan "b" is not something to cause an abortion.

so you will see things like this that confuse and scare people into doing things that aren't even touched upon in the laws. >> maya, i was curious to your thoughts. there is misinformation, lack of information, disinformation and then a reality. but seems like they're all getting blended into each other. >> yeah. jose, you referred to that the top of the segment at ripple effect. i think the reality is the result of the supreme court abhorrent decision that takes away a fundamental right recognized by the supreme court for half a century is causing really what we should call tidal waves of confusion. for one thing the supreme court ruling does not take effect,

doesn't make these trigger laws that folks talk about, the laws that they said if we win in the supreme court and this is no longer a fundamental right the protections, the access to abortion and related services is gone. right? but it doesn't effect until 30 days after the supreme court enters its judgment. we have seen an opinion, the decision but not the judgment. the confusion that sows because there are women in texas right now, girls that should be legally able to get an abortion but because the attorney general said we are going to start prosecuting people have to go to court to say that's wrong. you can't do that. that's not the law of texas. but it's the confusion over the laws and the rights and can and cannot do for how long is taking

away the ability for people to do what they're able to do right now and that confusion and disinformation is its own problem as the doctor said. >> maya, there are now on the states, right? to have legal fights in states that banned or restricted abortion. where do you see the legal battles going? it is a totally different post last friday world. >> yeah. what the supreme court of the united states did is instead of sowing clarity about our rights and responsibilities and obligations it sowed mass confusion. it is bedlam. we'll see court battles in states for years and will be different battles state to state. some have provisions like in florida where the american civil liberties union warning it's a constitutional violation the way the state's interpreting the

laws that it's trying to take effect now. in some states it is going to be very different kind of legal battles but you will see lawsuits everywhere. >> maya and doctor, i thank you very much for being with us thi thank you very much this morning. steve bernanke with primary results. and there's steve. ith primary results. and there's steve.

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54 after the hour. another round of primaries in the books. results from elections in new york, oklahoma, colorado, illinois, and utah. joining us now at the big board, nbc national political correspondent, steve kornacki, what were you seeing and what happened overnight? >> a couple of interesting things, jose, and let's start in colorado here. this is the republican primary for the u.s. senate. the winner of this race you can see is joe o'day. he defeats a state legislature ron hanks, january 6th was something that loomed large. o'day, somebody who says he accepts the 2020 election results, the legitimacy of joe

biden's victory hanks had been at donald trump's speech in january 6th. democrats had been hoping hanks to win this nomination, o'day is going to be running against senator michael bennet, a democrat running for reelection in colorado. democrats spent considerable money trying to boost hanks so he would win that primary. that effort failed, o'day wins the nomination here, and he'll face michael bennet a democrat in november. colorado has been trending democratic, but if this is a red wave year like republicans are hoping for, maybe this ends up being a competitive race. also worth noting in colorado, the secretary of state race as we have been paying more attention to than we have in the past given what happened in 2020, here's the republican primary, and a very interesting dynamic here. tina peters, you can see, finishing third. who is she? she's the county clerk of mesa county. it's where grand junction.

she was running for secretary of state. she's currently under indictment for allegedly tampering with voting equipment in an effort to try to prove the 2020 election was illegitimate. she actually finishes third in this republican primary. the winner here is pam anderson. she's a former county clerk. she said she got into this race because she doesn't like all of the talk about the 2020 election being illegitimate. i think notable, she ends up winning the republican primary in colorado. peters finishing third there. >> steve kornacki, i thank you so very much. that wraps up the hour with me. more news after the break. and javier becerra will be with us to tell us what the biden administration is doing to protect abortion access. s what n administration is doing to

protect abortion access.

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one that many have yet to discover. exploring with viking brings you closer to the world, to the history, the culture, the flavors, a serene river voyage on an elegant viking longship. learn more at viking.com good morning, it's 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. we begin this very busy hour with the january 6th committee search for answers, including the testimony of cassidy hutchinson. and the shock waves it's sending through washington. also this morning, a new plan by the biden administration to protect reproductive rights, including a new web site from the department of health and human services to help people find care. hhs secretary, xavier becerra will join us with more. and new