if anyone objects to this marriage... (emu squawks) kevin, no! not today. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ it's still the eat fresh® refresh at subway®, only pay for what you need. and now they're refreshing their classics... with a classic! refresh because their classic sweet onion sauce is getting refreshed on the new sweet onion steak teriyaki. you gotta refresh to... uh line? (♪ ♪) good morning, we start this hour with breaking news. all eyes on the supreme court officially concluding its most consequential session in a generation with two final significant rulings. one curbing the epa's authority to limit greenhouse gas emissions, and another one clearing the path for the biden

administration to end the remain in mexico policy put in place by his predecessor. these decisions also marking the end of justice stephen breyer's time on the bench. in less than an hour, he will officially retire after 21 years, leading the way for ketanji brown jackson to officially sit on the supreme court. pete williams is here. pete, we obviously want to talk about the history playing out, but let's talk about these last two meetings of the session. >> on a 6-3 vote, what the epa wanted to do which was encourage the power generation community in america to shift to more renewable resources like wind and solar is such a big change that only congress can give the

epa the authority to do that. it can't do it on its own. and because congress has never done that, the epa has no authority to do that. the chief justice writing in his opinion, it is not plausible that congress gave epa the authority to adopt on its own such a major change in environmental regulation. on the second point, on the remain in mexico program, the court by a different majority, by 5-4, said that the biden administration did, in fact, follow all the necessary rules when it tried to shut down the trump administration's remain in mexico policy that required people arriving at the southern border seeking asylum in the u.s. to wait in mexico for their adjudication of their asylum claims. of course, during that time there was something like 70,000 people that were in that program, the sort of tent cities you're seeing there sprang up. the people who were in there were abused, they didn't have access to lawyers and it was a foreign policy disaster with

mexico, so the supreme court ruling said the biden administration can continue trying to shut it down. now, two other actions since we left spoke on cases the supreme court will take and not take. the supreme court will not grant an order to shut down the vaccine program for health care workers in new york. some of them had challenged it, saying it was invalid because it did not contain an exemption who had religious exemption in the role of stem cells in creating these vaccines. the court did not grant that, just as clarence thomas and alito and gorsuch said the court should have taken that case up, because the question is going to recur. and this one could be a very, very important case for next term, jose. the court agreed to consider whether state legislatures and not courts have the final words on election contests. now, this has been something

that got a lot of currency after the last election, and, of course, this is something the january 6 committee is looking into as well, about whether the trump white house was trying to get legislators to play a more active role in deciding who the slate of electors should be. ey to take up a case on how much they ever in the next election term. >> what is the focus on the epa decision? what did that mean for the asic? >> what it means is it will be harder to fight climate change. like pete said, it cannot force an industrywide change to move away from coal to renewable energy. and what makes that -- what's going to make that so much more

difficult than fighting climate change is that the power sector is the second largest submitter of carbon dioxide emissions in this country. that's why from environmentalists today, you're ing words like disappointed and hamstrung in reacting to the supreme court's decision limiting the epa's authority to curb greenhouse gases. now a special envoy of climate change to the united nations said he was very disappointed, accused the court of siding with polluters and said this is a disservice to poor communities and communities of color. he said el not let decisions stand in his way to move away from coal, and bloomberg has led a nationwide campaign to close

plans oefrd the past civil year. what are we going to see in the next hour with judge breyer and judge jackson? >> it's unusual, because usually when one leaves, we go through confirmation hearings and the judge takes place in the fall. here the gap between one to the other will be measured by a stopwatch. justice breyer said yesterday that he will make the plan to step down after the court deems he is able to do so. however, his first official act as a citizen will be to swear in ketanji brown jackson. justice breyer will institute the judicial oath, and she will

take her place on that body. it will be a very quick switch md. at this point? >> it means a lot. even though she's not able to make a judicial appearance yet. this is important to black and brown people all over the world, including myself. with judge jackson's youthful age of 51, that means she's expected to sit on the bench for another 30 years. that means people like me and my children will have a voice for the next decade, and the continuity will be in place for at least a few decades.

because she is replacing justice breyer, there is not going to be any type of idealogical shift, but it is interesting. it's very interesting and telling. >> i want to read for you part of an opinion in the "washington post" by paul waldman. for decades, conservatives told each other that nothing was more important than capturing the supreme court. if they could do that, it would be a matter if the public supported their agenda, anything would be possible. what's your reaction to that? >> it's telling, right? because what it really boils down to is making sure that voting really is taken into

account. you cannot really have any type of change in opinion regard to the bench unless you vote. now, will that change within the next cycle? not really. it's a long-term change baurptz justice -- >> there hasn't been any type of change. there could potentially be two more justices, but that wouldn't be for one rkts two or three terms. turning now to the very latest on the investigation into january 6. just last hour nbc news is

floating the negotiation and what will happen when president biden returns to washington. they are issuing yet another subpoena. he detailed his reaction to the january 6 riots. >> and he said something very clearly -- mark, something needs to be done or people are going to die and the blood will be on your f-ly recall. jim mecina served as staff operations under president obama. he's now ceo of the subpoena

group. what made them issue this subpoena now? >> this came after months of negotiations with pat cipollone, and after, really, the combination of the committee's work so far, the middle point with pat cipollone's testimony. the reasonable his testimony was so effective for the committee is it tuchtz -- puts the people involved with the investigation to ramp up that public pressure on cipollone as he had been sort of hemming and hawing in negotiations and the parameter was narrow about what he would talk about with the committee, in the hopes that he would ultimately come forward. now that the committee is issued, it might potentially provide him with the cover he

needs to take the steps to corroborate potentially some of hutchinson's testimony, but it still remains to be seen whether or not he's going to ultimately cooperate. >> and, jim, as we learned in the last hour, president biden will be delivering a speech on january 6, after the house wraps up its investigation. what message do you think that by actually giving the speech, number one, and then what are the messages he's going to be giving on that speech? what's the significance of that? >> i think it's a very important political moment. you have rumors that the former president soon is going to announce that he's running for president in 2024. this is a moment for biden and his team to begin defining this election and to say very clearly, this guy is unfit to serve in public office. it's not just democrats saying this, as you know. yesterday the washington examiner, the far right may not

serve again. they're trying to get trump out of this race and frame the midterms in a referendum on some of this behavior. >> that speech could be seen as the beginning of the next presidential campaign? >> i think that's exactly right. we're always evolving here in the united states and we're not even waiting for more to be added, we are in a presidential cycle. >> we spoke to zoe lofgren about how some of the fund may have been used. listen to this. >> we know some of the money was taken out of the money that was amassed by the former president and is being used to pay for

lawyers to various witnesses. the potential for coercion. >> so how is green focusing on witness tampering and the use of money? >> that is the story we are in the works of chasing down, but this committee varied much and put focus around the investigative mantra of following the money and they did a pretty good job of that. they already ruled that it would go in a fund which apparently didn't exist, according to campaign staffers. the way that money has been misspent and given to trump's personal assistant is up for negotiation. i think this could be extremely

problematic and something we have to chase down going forward. as people say, it's not the crime, it's usually the cover-up. and the reason why some people have not come guard is their entire lives and livelihood, their social networks, are all dependent on the former president who, at the end of the day, is a problem, and when the former. r pmtd. right now eyes in the midst of prime to, making a claim to

attack her character. that's the kind of stuff the president doesn't want to listen to, and at the end of the day, someone is paying your legal bills and that puts people even more in an uncomfortable situation. >> thank you so much for being here this morning. we're following the tragedy in san antonio. 53 people died in that truck that you see right there on your screen. no air, no water. what we know about federal charges now filed in the case. but furst what president biden revealed this mortgage. we're going to kyiv next. mortgae

we're going to kyiv next

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20 past the hour after a week of meetings with nato allies, president biden is now back home. in a press conference this morning, the president said the u.s. plans to announce an

additional $800 million in military aid for ukraine. they noted there is no longer any troops on the so-called snake island. they carried out operations on the island overnight, and the minister of defense released this video, showing some of the 144 ukranian soldiers set free in the largest prisoner exchange since the beginning of the war. joining us now, ellison barber. ellison, what more can you tell us about the situation there right now, and what's going on with snake island? >>. >> reporter: this is a very big thung for ukraine. it was also a big morale boost. they suffered a pretty significant setback when

severodonetsk suffered a pretty big attack. there were significant air attacks and that forced them to leave the island. russia said they acted in goodwill, but regardless, this is a big deal for ukraine. you have the chief of staff posting on twitter that shows the island, and you can see at least five large plumes of smoke. so ukrainians are celebrating this. the question for the world is might there be some path that would help alleviate the blockade of grain stuck in the ports. turkey and the u.n. are both trying to broker a deal, but just yesterday you had ukraine's trade negotiator seeming to suggest those talks had stalled,

and that it really, in his view, in order for a trade deal or a deal of some kind to happen, that fighting in the south, across the south, would have to slow. but this an incredibly significant development. the question moving forward is what does it mean for the rest of the world as it relates to grain? ukrainians are also celebrating that prisoner swap. 144 prisoners exchanged from each side. this is the largest prisoner exchange since the start of the full-scale war. 95 prisoners returned to ukraine are people who were caught in mariupol, soldiers who were in that avostal plant. they also received 144 fighters who were fighting for the so-called republic and also

administration. four people are responsible for abandoning the people in that truck. how the mexico policy will impact our immigration system, next. ll ll impact our immigration [whistling] next

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four men who were charged with abandoning 53 people to die in the heat are set to appear in court. the driver was hiding in a bush and wearing the same clothes as the driver seen in surveillance footage from an immigration checkpoint. three other men have also been charged in connection with this horrific tragedy. the death count is up to 53.

guad venegas is live for us. guad, what more do you know about this tragedy? >> originally some of the details we received were from the mexican government yesterday. today we know that the driver of the truck is scheduled to appear in court today. the charges against moreno will be attempted death. if convicted, he could receive the death penalty. another individual will be charged with conspiracy to abandon aliens. and these are the individuals that were found after they located an address, this after using the tags of that truck. those two individuals are mexicans that were in the united states over state visas, that's

claudio and francisco. they are being charged with a weapon in the country illegally. we know 11 people remain in hospitals at the moment. the last information we had was there are still many victims that have not yet been identified, both government and they're working together, talking with family members of migrants to see if their family members are among those who died in the cargo truck, jose. >> guad, do we know anything about these four people, their past, any kind of record? the other thing, guad, this is part of a $100 million business that goes on throughout latin america and here in the united states. just where you are, they're

charging people 1$150 million cash just to be where you are. this is a big multi-million-dollar industry. >> reporter: that's correct, jose. it is so complex when you look into what's happening at the border. some people, for example, cross right behind me here in eagle pass. you can see there is a truck right over there from customs and border protection. a group of individuals just crossed about 10 minutes ago. they're in the back now. they head their passports will often pay someone to help them just cross the river. they might have paid an organized smuggle group to get into mexico, this is how these groups praut, and i sumt they pay for things to be smuggled

into the country, and once in the country, they find people to take thechl to the border of other parts kuchbt. these are not official reports. they could have been picked up somewhere near the border and taken to a place where they would have worked. this is all done because there are checkpoints, so when migrants come into the country undocumented, they do need to find a way to get to these checkpoints. we spoke to a local sheriff who said these groups, one thing they do know, some groups will target specific nationalities, while some people usually bring drugs over the border, so different groups will specialize in different things. he mentioned the deaths in the larger truck, that's part of a

problem. >> overed weekend we had six people we found. yesterday there were three and today i have four right now. it's everyday. >> what happened at the border is the lack of immigration reform in the united states. there are so many policies that will affect migrants in different ways, and we haven't seen any immigration reform. the mexican president has called for legislators in the u.s. to create a path for some type of work visa for people that just want to come into the u.s. to work while the u.s. is facing a labor shortage. that's something the mexican president has called for. so as we continue to wait for some type of legislation, this is what's happening at the

border, jose. >> as you say, guad, while there is no clarity at all at the border from the policy, what you're seeing is that the people who are making out millions of millions of dollars for weeks and months are these syndicate crime and millions are losing their lives. we'll take a closer look at this with managing attorney at the die sneerls -- thank you for being with us. what are your thoughts on the supreme court decision? >> we are extremely excited. it could have been horrible and we would have been battling this

for ah long time. we're really happy the supreme court decided to give the power back to the president to have the right to change the policy of his predecessor. he already tried to get rid of that ppe, if that had happened the horrible incident in san antonio would not have occurred, potentially. we do want to confirm with the biden administration that this continues to go the right way. the court has 30 more days before they actually have to hand this case down to the supreme court. we're hoping for that before texans start writing more litigation and taking this back to court. we're really happy about this, we just that this becomes the

norm, because it's already a problem when they're trying to fight danger. >> people get sent back to mexico, many places where they're not even from. what's the reality for those people day in and day out? >> well, i currently have a flight right now. i'm stuck in a shelter. i can see it from my office. it's overcrowded. there's no medical treatment. they take their phones away from them. they don't allow them to leave. mostly they kick them out in the middle of the nightly. i'll have to figure out how to

get biflt. ly tum after time she went to the border asking for them to let her in because she was in and understanded up in the hospital having to have double surgery. ly they opted to try to jump over the border wall, which at some point is 30 feet tall. they are hopeful they will end up in a hotel rather than staying there. >> thank you for everything you

do for human dignity and human rights. it's amazing to let them get out of that. they're exploited not only by these cartels, but by mexican government officials. thank you for being with us this morning. i really appreciate it. >> thank you for having me. coming up, there are now hundreds of confirmed monkeypox cases in the u.s., but it's probably much higher. we'll talk to a scientist saying testing is abysmal. what steps he says we should be taking, next. abysmal abysmal what that's right, jamie. but it's not just about savings. it's about the friends we make along the way. you said it, flo. and don't forget to floss before you brush. taking, next your gums will thank you. -that's right, dr. gary. -jamie? sorry, i had another thought so i got back in line. what was it?

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the limited supply are for those who can get them. at the health center in harvard, thank you for being with us. you said the outbreak is possibly much bigger than the case count suggests? what do you mean by that? >> well, first of all, thank you for having me and good morning to you and your viewers and happy pride to everyone. the number of cases, of confirmed cases of monkeypox come out of a system that has been testing about 20 people today in new york city, and just to give you a sense, it's pride season now. a couple years ago before the pandemic, almost 2 million people came to new york city just for world pride.

about 5 million people took part in pride. if you're thinking. a situation where there is that number of people, the scale of testing is so ridiculously low that it's difficult to take those numbers seriously as an indication of what's happening with the epidemic. >> you called the testing abysmal. you actually launched your own study. what are you hoping to learn? >> i'm hoping to learn some basics, like experiencing monkeypox recently, and more importantly, how people connect with others in different parts the city with a goal of having some data we could use to guide the vaccination campaign. that is something we have stopped taking it upon ourtsz to do because we found that even though there is this emergency

happening with a very serious illness, there isn't a lot of urgency to find out how to tackle the illness. . by government agencies in order to understand how to intervene and adapt to changes like the one we're in. we're just a short time away from judge ketanji brown jackson being sworn in as supreme court justice. we'll bring it to you live. you're watching joels -- jose diaz-balart reports. jos" e

diaz-balart reports. "jose diaz-balart reports." "jose diaz-balart reports." "jose diaz-balart reports. "jose diaz-balart reports.

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(grandmother) make it three. (young woman) three? (grandmother) did you get his number? (young woman) no, grandma! grandma!! (grandmother) excuse me! (young woman vo) some relationships get better with time. that's why i got a crosstrek. (avo) ninety-six percent of subaru vehicles sold in the last ten years are still on the road. (grandmother) i'm so glad you got a subaru. (young woman) i wonder who gave me the idea? (avo) love. it's what makes subaru, subaru. 48 past the hour, and now a startling story in new york where a young woman walking her baby in a stroller was shot, killed, by a man in close range. the baby unharmed and the manhunt now underway for the killer. we're joined by emilie.

emilie, what's going on? >> a terrible story. a gun mat shot a 20-year-old woman in the head at very close range. she died right8:30 p.m. last night. people were out and about, walking around. there were kids in a nearby park who we heard from describe hearing that shot. they thought it was fireworks. they heard the boom. just an incident sending fear throughout that community, specifically in the upper east side of new york. the gunman at this point appears to still be on the run. we are told he was dressed in all black. he had a hooded jacket on and took off on foot. listen to the mayor reacting to the shooting, blaming this on the oversaturation of guns. >> there is just no fear in using these guns on innocent new

yorkers. this is the result of that. these are real stories, real lives. >> shootings in new york city have slowed slightly compared to last year. but they are still surging when you look at the pre-pandemic crime, which has led to mounting pressure on officials to do something to make the city safer. >> thank you. in a couple of minutes, judge ketanji brown jackson will be sworn in as the first black woman to serve on the supreme court. more on this historic moment next. historic moment historic moment next it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day, that's effective without topical steroids. many taking rinvoq saw clear or almost-clear skin while some saw up to 100% clear skin.

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stage at the aspen ideas festival today in aspen, colorado, where yamiche alcindor is joining us live with the president and ceo of kellogg foundation to react to the news and make an announcement of their own. good to see you. good morning. >> good morning. as you mentioned, this is a monumental day for our country. soon to be justice ketanji brown jackson will be the first black woman to serve on the supreme court in its 233-year history. this does come, of course, at a divisive moment for the united states and the high court. to talk more about this and racial issues i'm joined by the president and ceo of the w.k. kellogg foundation. she will join me on a panel here in aspen where we announcing the kellogg foundation is joining forces with nbc universal news group on a collaboration focused on racial equity and healing.

thank you for being re. i wan to get yourake on this. really historic day. you are the first woman and black person to head the foundation. what do you make of the fact that justice ketanji brown jackson will take her seat today? what do you think it means for our nation and for black women? >> it means a great deal. i'm so excited for her. i know how hard she has worked and how excellent she is to be named in the high court. i'm just so excited, because the perspective is much needed as they deliberate issues that black people, people of color face. and we need that perspective on the supreme court. >> we are in this tough time in our country's history right now. we have rises in hate crimes. we have the mass shooting in buffalo, new york, where a gunman targeted african americans. what does racial healing look like in this moment as people are dealing with these challenges? >> we really have to bring people together. racial healing is about trust

building, it's about bringing people together and expressing their humanity and respecting their common humanity in a way that we can transform the systems that advantage some and disadvantage others. >> i should say to the audience, in january, we will be airing a special town hall on the national day of healing on msnbc in spanish on telemundo. how can communities and businesses have these critical conversations in a productive and effective way? >> the good news is, some are having these conversations. i think when we build the conversations around affirming everyone's humanity, about addressing issues in a way that do not blame or shame people, that are not about either or but both and. you can find a level of common discourse where people can engage around very difficult issues. >> of course, this is going to

be a robust conversation that our nation is going to continue to be having. i'm excited to sit down with you here later on to talk about this. thank you for joining us. jose, back to you. >> thank you so much, yamiche. nbc universal news group is the media partner for the aspen ideas festival. that wraps up the hour for me. reach me on twitter and instagram. follow the show online. thank you for the privilege of your time. any minute now we will see the swearing in of judge ketanji brown jackson. we will have more on that when andrea mitchell picks up our coverage right now. good day. this is "andrea mitchell reports" in washington. we are moments away from history. judge ketanji brown jackson

about to officially become justice jackson, the first black woman to serve on the supreme court. justice jackson is replacing justice breyer who steps down after 28 years officially at noon today and will take part in swearing in his former clerk to take his seat on the high court. before finishing its controversial term, the conservative majority striking a major blow against any president's power to curb climate change. and in its final ruling for the term, in a 5-4 ruling with chief justice roberts and justice kavanaugh siding with the three liberals, the high court rejected a challenge to the biden administration's attempt to wind down the trump remain in mexico immigration policy, which means asylum seekers will no longer be sent back to mexico while awaiting adjudication. as the nato summit ended, when asked about roe v. wade, president biden telling a news conference, he supports

eliminating the senate filibuster for the use of responding to supreme court rules on privacy such as abortion. the president saying russia cannot be allowed to assert its authority over ukraine. so the u.s. will need to help ukraine defend itself for as long as it takes, despite the impact on oil prices and inflation. here at home, the january 6 committee subpoenaed trump white house course pat cipollone. it's not clear whether he will show up to testify. committee vice chair liz cheney got a standing ovation at the reagan library where she asserted that all-star witness cassidy hutchinson's testimony was accurate and truthful and denounced president trump as being an opponent to the constitutional rule of law. >> we have to choose, because republicans cannot both be loyal to donald trump and loyal to the constitution. >> we begin with the supreme