covid-19 moves fast and now you can too. more eftdz evidence of the january 6 committee. the secret service telling nbc news it handed over more records in response to the congressional subpoena, including phone usage from cell phones and planning records. what about the text messages from january 5 and 6? that's not happening. the agency saying they have all been erased. opening statements starting in the contempt trial for steve

bannon. the new response just in from lindsey graham on a subpoena in georgia. what he is saying about cooperation into potential election interference by donald trump. more than a dozen members of congress under arrest on an abortion protest outside the supreme court. who was there? with the new filing dropping in indiana, the action that a doctor is taking against the state's attorney general and what it is just the first step. good day, i'm peter alexer in washington. i'm in for hallie jackson. ali, on the hill. nbc news receiving this statement from the secret service where they say they have turned over thousands of pages of documents, secret service phone -- cell phone use and

other policies as well as operational and planning records. notably, no mention of the text messages from the 5th and the 6th of january, right as everything was going down on capitol hill. what does that mean? where does it go from here? >> reporter: that lack of specificity caught many of our attention up here, because those are the text messages at issue that the committee really wants to be able to get its hands on. the secret service, saying, that they have turned over documents. as far as i can tell, the committee at least at this point is not confirming either receipt of those or that there's a gap from the 5th and 6th in the data that the secret service sent over to them. i will say in my conversations with lawmakers yesterday, including the chairman of the committee bennie thompson, they seemed confident or hopeful that they were going to get recovere. but it seems like from other reporting that may not, in fact, be the case. you also now have the national archives, which would be the place that actually gets a lot

of this data from the secret service, the correspondence, they say they are requesting the secret service look into this matter going further saying if it's determined any text messages have been improperly deleted, the secret service must send a report within 30 calendar days and with a report documenting the deletion. we know the secret service's initial explanation for why they are not in this because they were turning over their systems. the natural question and one that committee members have posed already is in a world where we are aware of what happens when you update your systems, why wasn't there a backup? >> i think you are right. ali, i want to get to anna quickly. this comes against the backdrop of what is supposed to be the concluding -- maybe more, but for now the conclusive primetime

hearing for the january 6 committee. we know that two high ranking officials, a deputy press secretary in the trump administration at the white house and an nsc official, one of the top deputies, they will testify thursday night. detail for us how crucial their testimony will be to painting a picture what was going on at the white house while everything was happen agent the capitol as that attack was taking place. i remember having exchanges with sarah matthews, trying to get from her a sense of when we would hear from the president as well. >> this was expected to be the closing argument by the committee in terms of what exactly was the former president doing in the white house, what did he know. these are two people that have that information that can paint that picture in a way this committee has done a pretty masterful job so far. because they have been able to put not just the narrative of what other people think was happening but in the voice of people who actually witnessed it

themselves. also very interesting, because liz cheney is going to be the person, a fell le republican questioning them and drawing out details because bennie thompson, the chair of the committee, is going to be out with covid. a lot to watch here. certainly, two people that were -- had a bird's eye view of what exactly was happening in the white house as the capitol was under attack. >> better than a bird's eye view. they were literally in the eye of that storm. they were the birds there at the time, as it were. ali, you had a lengthier than usual conversation with bennie thompson as we heard from anna. he has covid. he will not preside tomorrow. it puts liz cheney in charge. it's hard to think of the last time a chairman from the minority party would be presiding over a hearing of this type. what did you learn in that conversation about what the future holds after the next hearing? >> reporter: i would point out in this conversation, chairman thompson was thankfully wearing a mask.

we were outside as well. in this conversation, one of the things that we picked up on was the fact that this say committee that's now och rating closer and closer to a midterm election date. typically, there are some agencies that will shy away from putting out information that could impact the ultimate result of the election. that's something that i have asked several committee members, including chairman thompson, if the political calendar is at all in their calculation. they say no, they're just putting out the information as they get it. also, there's this question of what's happening with the former president himself. we have seen in recent interviews trump making it clear that it's not a question of if he runs but more like when. that's something when i posed to chairman thompson, does that complicate their work, in short he said, no. here is more of what he told me. >> we are a nation of laws. if the person breaks the law, or is accused of breaking the law, he's not one who can just do what he chooses because he is

running for president. so donald trump is just like every other american citizen in this situation. >> reporter: that's something that the committee has tried to say time and again. extricating their work and their findings from the day to day politics of politics and instead trying to drive this back to the idea that the things that happened on the 6th and the role of the former president, it's about the basic functions of democracy. >> we have a lot of moving parts. another one in this area, near the capitol, ryan join us, walk us through opening statements, they are in progress at the trial for steve bannon. there was a sense they might get delayed. then moved quickly. motions from bannon's team denied. tell us where we are and where things go from here in terms of defense strategy. >> reporter: it did come about at the last moment. we have the jury seated. they have been sworn in.

they have been read the case. right now, we have an assistant u.s. attorney who is going through the opening statement in the case and laying out the government's case against steve bannon. what they are arguing is that a congressional subpoena isn't something that's optional. it's mandatory, it's something you have to follow. this wasn't in flux. this wasn't up in the air whether or not steve ban flon had to comply. they laid out some of the ideas of what was happening on january 6 and why the government has such a strong interest in getting to the bottom of what was happening or the legislators had such an interest in getting to the bottom of what was happening on january 6. they're going to avoid some of the details as per an order from the judge about getting too detailed about january 6 itself or going over the top by showing too much video of what was happening on january 6. that's something that's not going to be presented to the jury. they're going to keep it a black and white straightforward case showing that steve bannon was required to turn over documents to the committee, required to

testify before the committee last october and he didn't do so. that's pretty much the government's case. >> anna, walk us through the significance of steve bannon right now. i remember having conversations with him there at the white house. he was really one of the firebrands during the campaign. he was in the president's ear for the early months and, frankly, years of the time in office. then when he left the white house, he also was a powerful voice. his voice being so critical in the days and weeks leading up to january 6. >> absolutely. you can't think of a person who book ended the former president's tenure quite like steve bannon did. he was clearly in the center, in the mix of everything, leading up to and when he went into office. then when he was on the outside, that was his -- he was trying to argue some executive privilege, even though he didn't work for the president. was sounding a big sounding trying to do everything he could to figure out ways to make sure

that election results could be overturned or fomenting the public and the trump supporters to really come to washington to be upset with it. he has been a player. he knows all of the figures. clearly, the committee wants to have him testify. they want to know what he knew, what he was talking to and what he was saying to the former president as well. >> anna, ali, ryan, we appreciate all of you. thanks so much. new developments in another investigation. also concerning, the former president. senator lindsey graham and the fulton county district attorney's office coming to an agreement after he was subpoenaed, after graham was subpoenaed in their investigation in the potential election interference in georgia. the deal means graham will accept the subpoena but with some key stipulations that play in the senator's favor. a group, the so-called fake electors are moving to quash their own subpoenas, the group of people who allegedly

attempted to alter the georgia electoral college votes. we want to bring in blayne alexander. she's been watching this for us. what does all of this mean for the fulton d.a.'s investigation? >> reporter: peter, it means it has ways to go before it's finished. there are going to be some witnesses that are going to come forward that the fulton county special grand jury has work to do. it means that this investigation is widening. one thing to point out from this 36-page motion filed today on behalf of 11 of those so-called fake electors, the people who were the ultimate electors, essentially, they say that they were initially told that they were simply witnesses in this investigation but that later they were told by the d.a.'s office they had become targets in the investigation. that certainly is a key shift. that shows this investigation has widened. i spoke with a representative

from the district attorney's office not too long ago. they did not dispute the accuracy of that statement. they confirmed that to me and said they are going to be responding via their own filing by the end of tomorrow. this is just the latest in this back and forth of what we have seen. when i spoke with the fulton county d.a. about this, extensively, not too long ago, she said she's not doing this as a political -- for any political reason. she doesn't want to make that case, wants to avoid any appearance that this is done politically. when you talk to oopponents, republicans in george lining up against this, they say it's only politically motivated and you see this tug and this pull back and forth with these repeated motions and motions to quash the subpoenas. >> blayne alexander keeping track of the moving developments in fulton county, georgia. we appreciate your reporting. coming up, the latest on wildfires. record breaking heat. extreme weather being felt across the globe. president biden faces pressure

here at home to combat the climate crisis. what more can he do? can he do it alone? a new development in the case that's become a flashpoint in the abortion rights debate. how the doctor who treated a 10-year-old rape victim is fighting back in court. later, cdc advisers green lit a new covid vaccine moments ago. this one might appeal to vaccine holdouts. it's all ahead. appeal towered . holdouts holdouts it's all ahead ♪♪ for the all-new subway series menu

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[ heavy breathing ] [ ominous music playing ] run! for as long as they have been keeping records, it has never been this hot in the united kingdom. they normally see temperatures in the 70s this time of year hitting over 100. it's leading to a surge in wildfires across the uk and europe in what one french meteorologist called a heat apocalypse. reuters is reporting more than

1,000 heat-related deaths in spain and portugal. nearly 90 million people in the u.s. are under some heat advisory or warning today. tomorrow, president biden will talk about efforts to tackle climate change. some democrats are pushing him to issue an emergency declaration after joe manchin backed out of climate regulation talks last week. kelly o'donnell, my travel partner the last week as we were heading overses talking about energy, is at the white house. this is one of the real challengs where the president's hands appear to be tied. what do we think we will hear tomorrow? how limited is the president and the white house in terms of what it can do? >> reporter: good to be with you. it's hot here. people can really relate to this issue now with all of the headlines we are seeing. for the president, who has not only his own pledge and belief in doing more on climate change,

he has been trying to harness other global leaders who got together for climate change summits with pledges to all work together on those achievements and without congress acting here that hampers the u.s.' compliance with the global move toward greater protection of the planet. that really is a problem for the president. what can he do? there are executive actions he can take. we expect tomorrow he will outline some. the specifics have not been laid out yet. what we know is they do not expect to go for the hail mary version, the national emergency, which would be a broader power for the executive branch. they do not anticipate making that argument. this is a president who understands that legislation is the best long-term solution. perhaps that is an opportunity for him to try to keep the door open with joe manchin of west virginia, someone he considers a

friend, someone whose political views have been different enough from the president's agenda to cause some speed bumps at a minimum. here is how joe manchin talked about his views on not wanting to go forward with a larger package. it's focused on pocketbook issues. >> if they don't understand inflation is the number one critical factor harming our economy right now, it's inflation. i am concerned. i have never changed my position. i'm not stringing anybody along. can't we make sure what we do does not add fuel to the fire? >> reporter: the white house would say inflation is a top priority. on climate, the president believes there are steps he can take. he has used the defense production act to try to speed up production and manufacturing of components for the solar energy industry. there are other things he wants to do to focus on jobs and

technology. he will lay that out tomorrow going to a place that had been a coal plant and is now used in a different way. by setting and by message, he will try it talk about climate, as they continue to have meetings and discussions with people who are advocates in the climate arena, looking at what the law allows and what are the steps. it's easy to understand what legislation can do. now the white house has to look at what are the parameters of presidential authority, which on many topics, there are limits to presidential power under our system. where can the president use it? where can't he? he wants to put forward a commitment to moving on climate change. >> no doubt. all of this a few weeks removed from a big decision by the supreme court effectively saying that congress is the one that has to make some of the major changes that the president is calling for. kelly o'donnell at the white house, i appreciate your time here. still ahead, what to watch for when primary results start

coming in from maryland tonight. with all eyes on that state's race for governor. first, at the capitol, house republicans about to go on the record with a vote to protect same-sex marriage. how we expect it to go next as well as what the senate will do. we'll be right back. senat when you have technology that's easier to control... that can scale across all your clouds... we got that right? we'll be right back. [whistling] moderate to severe eczema still disrupts my skin. despite treatment it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection.

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only at applebee's. we're back right now. we are keeping an eye on the house floor. we are waiting to see a vote on codifying the right to same-sex marriage that's expected to happen in the next hour or so, just shy of 5:00 eastern. the house just wrapping up debate on what's called the respect for marriage act that would establish federal legal protections for same-sex marriage across the country. this bill is a direct response to the supreme court's decision to overturn roe v. wade where in the majority opinion after justice clarence thomas called on the court to reconsider some of the landmark decisions, specifically mentioning the ruling legalizing marriage equality. joining us now is senior national political reporter sahil kapur. democrats want to protect same-sex marriage and contraception. what's the latest on today's house vote? then what do we expect to see

from the senate side? >> reporter: the house is powering through debate. they hope to vote on this in the next hour or so. the bill would do three things. it would repeal the defense of marriage act. it would enshrine protections for same-sex marriage nationwide in all 50 states and bolster protections for married couples so their benefits can not be taken away. i want to be clear. it's the law of the land under the supreme court decision of 2015. it's not in imminent danger of going away. the democrats saw the supreme court was willing to unsettle settled law by overturning roe v. wade and the fact that thomas said the supreme court should re-visit and rescind the right to same-sex marriage. that has democrats saying they don't want to take the chance. they want to enshrine the rights in terms of federal law before the supreme court has a right to come for them next. let's listen to what one democratic member of congress had to say in this debate. >> imagine telling the next

generation of americans, my generation, that we no longer have the right to marry who we love. congress can't allow that to happen. >> reporter: the bill will pass the house. there's no doubt about that. the question is what happens next. there's democrats that want to vote on this in the senate as well. it would require a minimum of ten republican votes to defeat a filibuster. it only has one, susan collins of maine. i spent 24 hours talking to republicans. they are conflicted. they are dealing with a culturally conservative base that has interest in seeing their elected representatives deal with this issue on one hand. on the other hand, a growing majority of americans, 71%, according to a poll last month, that believe same-sex marriage should be legal. mitch mcconnell revealing in the last few minutes said he will not announce his position on the act. he will see what democratic leaders decide to do, what they put on the floor. it's a remarkable indication of a wedge issue that is playing in

favor of the democrats, a political gift almost from justice thomas to the democratic party. we will see how this plays out in the midterm election. democrats want to highlight this issue as well as abortion and january 6th, attack on the capitol, as a way to stir up, wake up their voters and argue the stakes are high. >> they don't want to take chances given the lessons from the reversal of roe v. wade, ted cruz amplifying this issue as well. sahil kapur on the hill for us. thank you very much. a few minutes ago, this was the scene near capitol hill. at least 16 members of congress were arrested while protesting part of an abortion rights demonstration. police arrested members who they say refused to move. outside washington, there are new developments in the case of an indiana doctor who provided an abortion for a 10-year-old girl in indiana after she was raped in ohio. attorneys for the doctor filed a

claim against indiana attorney general for false and misleading statements they say the ag made against the doctor. you remember this? the ag has accused the doctor of being, quote, abortion activist acting as a doctor who has a, quote, history of failing to report. her attorneys are refuing those claims and making the first legal step in what could become a defamation suit against the indiana ag. msnbc legal analyst danny sovalis is with us. this is the first step in this legal process. what's next? what should we be watching for? >> it's the first step. i file notices of claim all the time against governments. the government says, you can't sue me whether the state or federal government. they give exceptions where you can sue the government. sometimes for tort claims. civil wrongs committed the way

you might sue a private committee. they put up a lot of obstacles. one is the notice of claim requirement. normally, statutes of limitations can be measured in years. when you sue the government, you better file your notice of claim within a couple months or else you lose that right forever. that's really all this is. this is like a bookmark. it's saying, government, we got our notice of claim in timely. down the road, we may or may not file a lawsuit. this satisfies that prerequisite. the claim we will likely allege is defamation based on the statement that you made, which we say is false, that the doctor had a history of complaints or failures to report, i should say. >> who has the advantage, so to speak here? what obstacles could the doctor and her lawyers face in suing the indiana ag? >> all the traditional obstacles any time you try to sue the government. they have immunity defenses. they have a number of other

defenses that private committees simply don't have. this notice of claim is really just the very first step in a long process. you may not see a lawsuit filed for years. they might file one as soon as the statute allows them to file. normally, the notice of claim gives the state the opportunity to evaluate it, to decide whether or not they want to settle it. that's in theory. in reality, what they typically is take that notice of claim, put it in a file in a dusty cabinet and often they don't do anything with it. maybe they take a deposition. maybe they ask for documents. most of the time they sit on it. the time expires. the plaintiff files a complaint. then they do a traditional lawsuit procedure. the notice of claim is really little more than a bookmark. >> this case drawing a lot of attention, as it has from the beginning. thanks for your legal expertise on this issue. we appreciate it. it's primary day. the governor in maryland, larry hogan, not running for

re-election. he is term limited out. he is backing kelly schulz. she's a moderate who served in his cabinet. her competitor is dan cox, a republican state representative who is backed by former president trump. polls show that that race is effectively tied right now. on the democratic side, it's between the men you see on your screen there. they are neck and neck and neck. here is what those running on the democratic side had to say on our air today. take a listen. >> they see that i can hit that ground running day one. i don't need an apprenticeship program. i'm not the show horse. i'm the workhorse. >> we are excited we are now running neck and neck with people who have been established bureaucrats and 40-year politicians. it's our message that's going to carry us across the finish line. >> that's what the public is looking for, someone like myself who bridges some of the adversarial canyons that separate us right now. >> a former dnc chair in that

group, that was tom perez. joining us now is gary grumbach. you are on the ground. you are talking to voters there. there are democrats who are happy with the republican larry hogan. they don't want to leave anything to chance. they would like to take over the governor's mansion. what are you hearing from voters there? >> reporter: let me set the stage. we are in rural carol county, 45 minutes west of baltimore. it's a rural area. it's a place where donald trump won by 60% in 2016 and in 2020. it's this proxy war between the trump-backed candidate, somebody who does not believe the 2020 election was fair and believes it was fraudulent, and the hogan-backed candidate, somebody who said she's not going to change abortion rules, laws or restrictions in the state should she take office. voters we talked to said they

don't care about those endorsements. what they care about is those kitchen table issues. guns, the economy, of course, abortion has become a very hot topic as well. this race is not without some surprises. first off, it's a very close race on the democratic side and on the republican side. the other big point here is the democratic governor's association, they are putting their money not behind tom perez and wes moore but dan cox, the conservative candidate. he said he does not believe the 2020 election was fair. they are doing that because they believe if they put ads out promoting him and putting his name out, he may win the primary making it easier for the democrats in the general election. not all voters love this idea. here is what one woman i talked to had to say. >> they are so sneaky in trying to do things the opposite way. it's not going to backfire for me because i believe in what i believe in.

i see why they're doing that with the abortion issue and that thing. i see why they're doing that. i see why they would think because trump endorsed a candidate that i'm going to vote for the other candidate. that's not going to happen. it's not working for me. >> reporter: if things are as close as polls indicate, don't hold your breath on waiting for results tonight. there are 400,000 mail-in ballots requested. they can't begin to be counted until thursday. >> we will pay attention to this one for a while. interesting to hear the perspective of that voter. thank you so much. we want to turn to the latest on the coronavirus pandemic. new headlines on this topic you may have seen. the cdc advisors voted to endorse a new vaccine. it happened in the last hour or so. the vote comes on the heels of the fda's organization of the vaccine we saw last week. the fda giving novavax the green

light for initial vaccination. vaccination rates remain stagnant. we will watch to see if walensky signed off on the recommendations. joining us now is dr. john tores. we have pfizer, moderna, j&j. why add novavax? what would be the value? >> that's exactly why you want to add it to the mix. there are people who might be considering it based on the fact it's a different vaccine. going back in time at the original vaccines, put them in a couple categories. pfizer and moderna, the mrna vaccines. they use a method to deliver mrna into our cells. our cells turn into a vaccine

factory and produce a spike protein. the immune system learns how to fight against. the other set, j&j. it uses a virus. it's a genetically modified virus. for some people because it's newer technology and you hear genetically verified, they got concerned. there's hesitancy. that's what this addresses. this is an older technology. it basically is delivering the protein into the body and then the body itself is saying, now we can fight it. you don't have to make anything, that protein, which is the cell wall protein instead of the spike protein, it can recognize it. it gives us another tool in our toolbox. particularly for those who might have been hesitant at getting the other shots. like you mentioned, this is not authorized for booster shot at this point.

hopefully, dr. walensky signs off on it. it will be authorized as a primary. you have to get it three weeks apart, two vaccines. showing to be very effective. showing to be safe in the trials. what we don't know is how well it will fight against omicron. it will be equal to others and give people a second choice. >> welcome news to a lot of americans if it's able to convince a small percentage of americans who have not been vaccinated to get the shot. thanks for your expertise. nice to see you. coming up right here, who popped into today's white house meeting between the first lady and her ukrainian counterpart? what we are learning about the first lady of that war-torn country's visit next. war-torn war-torn country's visit next.is really . -seriously? -denied. can we go back to meeting at the rec center? the commute here is brutal.

p askingwe go back to meeting at the rec center? the same question every time? -approved! -[ altered voice ] denied! [ normal voice ] whoa. covid-19. some people get it, and some people can get it bad. and for those who do get it bad, it may be because they have a high-risk factor - such as heart disease, diabetes, being overweight, asthma, or smoking. even if symptoms feel mild, these factors can increase your risk of covid-19 turning severe. so, if you're at high risk and test positive - don't wait - ask your healthcare provider right away if an authorized oral treatment is right for you.

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of another heart attack by 31%. your heart isn't just yours. aspirin is not appropriate for everyone, so be sure to talk to your doctor before you begin an aspirin regimen. let's look at some of the other top stories we are watching right now. the suspect in the mass shooting at a buffalo supermarket has pleaded not guilty to federal hate crimes charges. he was indicted last week on 27

charges and is facing the death penalty. that shooting killed ten people and wounded three others. to the markets now. netflix shareholders are awaiting the latest earnings report. expected to report more than 2 million lost subscribers. in april the streaming platform lost more than 200,000 subscribers. parliament announcing a bill that would expand a ban on positive public discussion of lgbtq relationships in russia. it aims at removing any lgbtq content from movies that are played there. this afternoon, the president making an unannounced visiting, stopping by to see dr. jill biden and the first lady of ukraine at white house. dr. biden holding her ukrainian counterpart. you see them outside just a short time ago. that video just from within a short time ago. now they have moved inside.

here is the video from the other meeting with the u.n. ambassador and second gentleman emhoff. putin travels to iran. it's his second trip abroad since the war started. he is talking with turkish and iranian leaders. you can see pictures from that meeting. joining us with the latest is ali aruzi. give us a sense about the significance of that visit, vladimir putin heading to iran right now. the significance of the ukrainian first lady coming here at the first time. >> reporter: well, ukrainians here are watching the first lady of ukraine's trip closely. she's representing her country in america, which is really supporting ukraine strongly in this war. they are watching it with every detail, including her clothing, social media has been commenting that she wore the same color

green that her husband wears when she met secretary blinken, she was wearing the colors of the ukrainian flag on her dress and shoes with the president. every detail is watched. people will watch her address tomorrow from the congressional auditorium. they are expecting her to reiterate many of the same points that others are saying every day, that they need more arms, more help, more aid from the west to be able to push back this russian onslaught. without that help, they simply won't be able to do that. that's a message all ukrainians are expecting her to talk about. it was an unexpected trip but high level. people are excited about it. outside of ukraine, as you

mentioned, vladimir putin has made his only second trip out of russia to iran. on both trips he met with iran's leadership. he was in tehran today. not only meeting the president but the man with whom the buck stops, the ayatollah. they had a lot of anti-american rhetoric today. they talked about trying to phase out the u.s. dollar in world trade. they talked about america being a very cunning country that's working against interests of both russia and iran. iran's supreme leader supported vladimir putin's line that had he not invaded ukraine, then the west and ukraine would have invaded russia and it would have been much to russia's detriment. it really did underscore this new world alliance that vladimir putin wans to carve out and what an integral role iran plays in that. they talked about new military cooperation with each other.

that comes on the heels of news from the white house that russia may be purchasing drones, some of them weapons capable, from iran in their fight in ukraine. that is a rather unsettling meeting in tehran for people in the west watching this war very carefully. i think that alliance between tehran and moscow is going to expand as the gulf grows greater and greater between the west and countries like russia and iran, peter. >> certainly also explains why president biden was in saudi arabia a matter of days ago. i was traveling with him. he was trying to recalibrate that relationship. i want to ask you about news that was just made at white house a short time ago. we heard from one of the national security advisers, head of strategic communications, john kirby, saying that he was providing downgraded intelligence that indicated that russia is laying the groundwork to annex ukrainian territory,

that it controls right now. effectively trying to repeat what it did in 2014, annexation of crimea. this is what we have been watching. it appears per the white house's view, this is the next step in that effort taking place in ukraine. >> reporter: that's right. i don't think that news is going to come as any surprise to anybody here in ukraine. i think the focus of russia an intentions right now are on the eastern front. they have taken luhansk in the donbas. now they are one step closer to taking that whole area by fighting pretty hard in the donesk area. it will be annexed from ukraine. they have taken about 20% of the land here. their eyes are probably now on the south of the country. >> no doubt. a land bridge to crimea well, a

significant strategic victory for the russians. ali, always stay safe. thanks for your reporting. coming up next, the win for twitter in court today in this epic legal battle with elon musk. battle with elon because platforms this innovative aren't just made for traders —they're made by them. thinkorswim® by td ameritrade musk ♪ ♪ fall in love with the new minions inspired menu from ihop. and earn double pancoins on the app. let's put a smile on your plate. for a limited time, kids eat free! and catch minions-- the rise of gru, only in theaters. ♪♪

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a big setback for billionaire elon musk and his effort to delay a trial after twitter sued him for trying to back out of a $44 billion deal to buy the company. today a judge ruling in favor of an expedited five-day trial set to begin this october. nbc news technology correspondent jacob ward has been watching this for us. give us a sense, what happened here and why is this ruling so important? >> well, this definitely did not go in elon musk's favor. delaware, the big court for settling disputes with companies, ruled that the trial that twitter wants to take place, needs to take place in october, elon musk's lawyer argued it should take place next year because they needed that amount of time to better inspect the internal data of the company.

as you know, elon musk and his associates have been essentially claiming that twitter has not revealed enough information to him for the acquisition to proceed. but twitter's lawyers have argued that that is not the case and that, in fact, they need to trial to move faster, that every passing day in which elon musk begins to speak publicly about the trial or about his dispute with twitter hurts twitter's share price, and they say they basically worried that elon musk by delaying this to next year might run out the clock on his debt obligations which might give him a way out of the deal. this means a five-day trial will take place in october and at that trial, it will be determined whether or not the $44 billion acquisition of this company has to proceed. essentially at this point twitter's lawyers are arguing nothing in our agreement turns on this question of whether or not there are spam bots or anything else that is being claimed here.

basically elon musk signed a contract saying i'm ready to buy this house even though the house had not been totally inspected, doesn't really matter. in this case, the trial will take over the course of five days in october. >> the likely outcomes are what? what are the exceeding scenarios? >> it could be he walks away with a simple billion dollar fine. that's in the contract. it could be that he maybe has to negotiate at the table with twitter and say it's going to be the difference between the share price that it was at the day of this acquisition offer as compared to the share price now or he has to go through with the whole thing, many options. it's looking increasingly likely that something is going to come out of elon musk's pockets. >> that's why a billion in dlajs might be a way for him to get away. jacob ward, thank you so much. thank you for watching this hour of msnbc.

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hi everyone. it's 4:00 in the east. we have brand new reporting to tell you about on this upcoming primetime hearing by the january 6th select committee as well as brand new breaking developments on the future of the congressional investigation itself into the deadly insurrection. nbc news has learned that two former trump officials will testify at thursday's primetime hearing. they are former deputy national secu