as we're coming on the air, any minute we will see about what might be the harshest sentences yet. the first person to stand trial for his role in the snushg. he is expected to address the court before that happens. we'll tell you why prosecutors want him behind bars for more than a decade and what he may get. we're also live in washington, because right now the senate is coming into session for what could be one of the more consequential weeks of the biden presidency. you have democrats looking to move on that massive spending bill. we have new reporting as we come on the air if they can do it and when, with all eyes on what's happening between these two, joe manchin and kyrsten sinema. an expected meeting that could make it or break it for democrats. and the last full day of

campaigning, elections set to show much of a grip donald trump still has on the gop. our correspondents are standing by live later on in the show. i'm hallie jackson with you on this monday afternoon in washington. so let's get right to ken delainian and danny. ken, we haven't heard from guy during the trial. he didn't testify on his own behalf. he wasn't expected to make a statement today, but that has changed and he's now going to speak, we understand. >> reporter: yeah, the latest twist in a day that's been full of them here, hallie. earlier, guy reffett was trying at the defense table as his daughter was testifying in his defense and talking about his mental health issues and trying to blame what happened on donald trump. and after that, the justice department suffered a major setback when the judge ruled

against imposing a so-called domestic terrorism enhancement on the sentence, which is the first time the doj tried to do that, saying that this conduct was domestic terrorism, because it was designed to intimidate the government. the judge said you haven't pursued that in so many other cases, so i'm not going to do it in that one. despite that, she said the sentencing guidelines called for between seven to nine years, which would make it the longest sentence meeted out so far. and that's significant, because he was not convicted of assaulting a police officer, he did not enter the capitol. but so much of his other conduct was so serious that it merits this longer sentence, because he came to the capitol with a gun. he urged other rioters to breach the west front. he later celebrated what took place, and then threatened his children when they were talking about turning him in to the fbi.

his teenage son testified against him at trial, and a letter from him was read today. he thinks his dad needs mental help. but now we wait to see. the judge will presumably pass sentence after he speaks. >> danny, prosecutors wanted more than the recommended sentence, the defense wanted less. how do you see this going? >> prosecutors wanted to depart upward. the u.s. sentencing guidelines are this complicated formula where you plug in the defendant's prior criminal history, in this case, he's a one, the lowest level. but then the offense gravity, the seriousness of the offense with any enhancements or other relevant factors in the sentencing guidelines. but the judge is only required to calculate the guidelines. the guidelines have been advisories since a supreme court decision over a decade ago. so the government here is asking for an upward departure. they want more time, looking for 15 years.

it doesn't sound initially like they're going to get it. more likely a sentence within the applicable guidelines, which is about 9 to 11 years here. >> danny, the judge did not allow the domestic terrorism enhancement that the prosecution wanted. how do you see that? what are your takeaways on that? >> here's the key. and the judge seized on the most important factor, which is the question of what are other similarly situated defendants getting? and if the judge concluded that they're never -- the government is not looking for the sentence enhancing anywhere else, and this is not within the heartland of similar sentences of other defendants, the judge is free to disregard it. and apparently the judge did exactly that. but sentencing ultimately is a very fluid process, especially since the sentencing guidelines are no longer mandatory. you never really know where a judge will go with a sentence for this very reason. >> our thanks to both of you. i'm going to ask you both to

stay close to your cameras. appreciate it. in addition to watching what's happening at that courtroom, and we'll bring you back live updates as soon as that comes down, we're watching what is on the left side of your screen, the senate floor. that is where senator joe manchin says he's planning and hoping and intending to talk to senator kyrsten sinema today. and man, they have a lot to talk about, hundreds of billions of things actually. manchin is on board with the climate and health care bill, but without sinema, the bill is a no-go. good to see both of you, ali, it feels like much of the action exists today relates to the intersection with this sort of manchin backed bill now and the so-called burn pits bill and the veterans protesting that at the capitol. explain how these are linked and where things go from here. >> well, how they may be linked at this point, hallie, because the timing sort of says the

story that some democrats are telling, which is that the pact act had previously passed the senate by huge bipartisan margins. it hadn't changed substantively, and then when it came back at the end of last week, it didn't pass. the only thing that had changed external to that in the larger political landscape in this building is that democrats were able to release in somewhat surprising fashion a deal on reconciliation between joe manchin and chuck schumer that caught republicans off guard. we had previously seen senator mitch mcconnell say that he would not move forward on a semiconductor package of bills if democrats moved forward on this reconciliation deal. once it seemed dead, they moved forward and passed that chip bill. and as soon as the senate passed it, that's when they got the reconciliation deal. all of these different match nation -- machinations some are saying the republicans tanked

the act, because of reconciliation. on the other hand, if you listen to republicans tell it, they are less concerned with that money being spent on veterans and just more concerned with what budgetary column it's in. they want to be able to offer amendments. and now that's why we think it will be brought up this week and pass in bipartisan fashion, assuming they can offer those amendments. nevertheless, i spent time with jon stewart and other veterans advocates. the motion and passion they have sustained is palpable, and they want this bill passed last week, no moment is soon enough for it to pass and get these veterans the help they need. >> we mentioned the sort of sinema/manchin piece of that. we expect more developments on that today. we know that she has opposed the specific tax provision that was in some of the from time to time work that was hammered out by manchin and chuck schumer.

i want to play something that senator manchin said today. watch. >> i just need people to explain to me of the wealthiest people in america, the wealthiest 1/10th of 1% of the people that have made more than any time in the history of this country, how that would be detrimental. i just need to hear that explanation, that's all. >> is that going to be persuasive to senator sinema? and what does she need to hear to move this bill forward? >> that's a really good question. i think that's what everyone is looking to see today. part of this is that specific loophole they're talking about eliminating only raises about $14 billion in revenue. so if you're going to lose any part of this package, i think that's the part that manchin and schumer would be most comfortable losing. and some have even speculated that they put this in there as a way like if sinema is going to play hardball, here is something

she can claim she fought back on and won. the other part that i thought was really interesting this morning, was manchin was really trying to talk to her through reporters. he was like, look, here is what i want to say to her. the medicare provisions in this bill, she negotiated. those were largely left untouched. we left those in there. she has a lot of wins in this bill already. this is what i want to tell her on the floor, but i'm also telling her through you guys. it's a way for him because he and schumer both said she wasn't a part of this final negotiation between the two of them. so i think it's cheerily a way for him to make her feel like she's included, and she did have a big piece of this deal, even though she wasn't in the final talks. the question is, will that be enough for her to go along with the package? >> heather, ali, both of you

know few things motivate congress like jet fumes. they want to get out of town. but there's another piece, just being a few months away from the midterms. heather, first to you. between this climate and energy bill, the chips bill, the new gun legislation that joe biden signed into law, how much are democrats thinking about this as wind at their back as they go into the fall and into november? >> i think that they think this is the final piece, if they can get this reconciliation bill and the pact act, the burn pit bill, but if they can get this reconciliation bill, this is a package that they can take to voters over the next several weeks. i mean, august is a crucial stretch on the campaign trail for democrats. and they can sell this to voters after a string of bad months of bad economic news and covid headlines, other bad headlines for the administration. and so i think they are really going to try to seal this deal over the next week and a half, because they see it as key to

holding up one or both chambers before the midterms. >> ali, any threads that we should pull for the rest of the afternoon? >> it's going to be a busy week, because i think one of the only things that can overcome the power of jet fumes in the senate is the possibility that they could again get back on the campaign trail in august, campaigning on something called the inflation reduction affect. everyone knows the republicans are trying to make this a referendum on biden and the economy. the numbers that we have seen of the course of the last few weeks have allowed republicans an easier job doing that. it's one of the key tenants of that, that democrats want on the campaign trail and say look, we're doing something on the economy. we just passed this legislation. if it means they have to stay for a weekend for a few extra days, there's a willing to do that. >> good to see both of you. thank you on the front lines of the reporting beat there on the hill. next up, former president

trump set to make a last-minute endorsement today. the other races that are a big test, we're live on the trail. and the new comments just in the last hour from america's top diplomat about whether house speaker nancy pelosi should stop in taiwan during the trip to asia she's on right now. we'll tell you what the secretary of state just said. and deshaun watson suspended over sexual harassment allegations. that's later in the show. allegations. that's later in the show and only 24-hour steroid free spray. while other allergy sprays take hours astepro starts working in 30 minutes. so you can... astepro and go. (dad) we have to tell everyone that we just switched to verizon's new welcome unlimited plan, for just $30. (daughter) i've already told everyone! (nurse) wait... did you say verizon for just $30? (mom) it's their best unlimited price ever. (cool guy) $30...that's awesome. (dad) yeah, and it's from the most reliable 5g network in america.

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we are just hours away now from a couple of key primaries that could tell us more about where republicans stand when it comes to their support for former president trump, especially after the january 6th hearings on the hill. in missouri, we're watching in a last-minute endorsement from mr. trump might shake things up. he's set to announce his pick any time. in arizona, you have people

watching the effort to replace the governor, but also on whether or not mr. trump can accomplish basically a sweep in tomorrow's primaries with his chosen candidates, all of whom have raised questions on the fairness of the 2020 election. and in michigan, where republicans are trying to unseat the current governor, gretchen whitmer, one gop candidate says he thinks the former president was essentially duped into supporting his opponent. i want to bring in my team now. shaq brewster joins us with ron hilliard in arizona. i know that you just caught up with eric schmidt in this -- go get it, because i know he's not always easy to pin down.

talk to us what he said, what you heard and this missouri race. >> well, hallie, you said it. there is a lot going on here, a lot going on in the republican party, and a lot going on in missouri. this is a tight, crowded race for the gop senate primary. there are a number of candidates trying to replace roy blount in the u.s. senate. eric schmidt is one of them. he's missouri attorney general. he is someone that is a moderate republican, but he was also -- he is trying to gain the entorsment of former president trump, who came out the last few days here against mitch mcconnell, if the republicans were able to take back control of the senate. let's listen to a little bit about what he had to say, especially about trump's endorsement. take a listen. >> how concerned are you that trump might not endorse you? how critical is that

endorsement? >> i would love to have it. but you look at the record, you have a guy in my opponent that will lose the seat. >> reporter: so there you have it, going after his opponent. his opponent is an embattled former governor of missouri, someone who resigned just 18 months after being inaugurated. he's accused of sexual and domestic abuse. but donald trump, jr., emphasis on the junior, he's supporting him. just in the last few hours, former president donald trump did post on his social media site that he was going to make a post sometime today. i should tell you, i talked to a number of voters who tell me they are really concerned that one former president trump is looming too large in this race, that candidates need to be focused on getting things done

for the middle class. other people are saying trump is the guy for 2024, and his opinion on who should win this race matters to them. >> ron, to you, where you are also doing some in depth reporting in missouri. the trump factor is very real and very present. >> and i think it will be very clear here tomorrow, just the extent to which republican voters want their party to go. we've been talking a lot over the last weeks after the public hearings with the january 6th select committee over what republican voters took away from the evidence that was laid out from those closest to trump, including his own family members, those in the west wing on january 6th. now we'll get a good idea, at least what arizona republican voters think and what they want. because the voters that trump has backed here couldn't be any clearer. when you talk about kerry lake, mark finchum, and the attorney

general, each of them have called for the desert fi case of the 2020 election. and his pick for the u.s. senate, blake masters, says he would have objected to the certification of the election in 2020. so we'll have a good idea of what voters want, but even more telling potential race that could give us an understanding is a very local one, the legislative race which rusty bowers testified before the january 6th select committee because of pressure he faced to overturn the results and send trump's fake slate of electors to washington to be counted. i caught up with him this weekend as he faces a trump-backed challenger himself. take a listen. >> it's kind of a cultic thing, you know, that you have to be in with the cult and here's our doctrine and you can't go beyond

the doctrine. i said no, the people in the middle don't want the extreme right or left, they want america back. >> reporter: but hallie, that's not how primaries work. it's going to be up to republican voters and some independents who chose to pick up republican ballots to determine what nominee they want to represent them in november. so a potential clean sweep of trump-backed candidates. it will be the ones decided on to take on the democrats here in november. >> vaughn, thank you for that reporting. shaq, let me go to you. you're talking with the two leading candidates in that governor's race in michigan. both wanted president trump's endorsement, only one got it. >> reporter: that's right. now they're sparring over what is the impact of that potential endorsement. until friday, there was an open question whether or not former president trump would get involved in this race to see who would take on gretchen whitmer. but he posted his endorsement on

friday evening. that got tudor dixon much attention. but now you have other candidates saying hey, that endorsement came because the former president was given bad information. i want you to listen to how both candidates are framing the impact of that endorsement. >> if president trump was so convinced tudor was great, why didn't he endorse her months ago? he waited until two days before the election and it's the wrong choice. >> when i first met with him, he said you need your poll numbers to get up and you need the resources to run a race. >> the former president said that to you? >> absolutely. you have to run a strong race, and i want to see that you can do this. and it was great. >> reporter: some interesting insight there into how that endorsement came about ahead of what we saw on friday night. but hallie, it's not just the governor's race president trump is weighing into, it's also what

you're seeing in the third congressional district here in michigan. there you have a trump-backed candidate, john gibbs, who is one of the republicans two supported trump's impeachment. they believe they're coming into this election extremely strong, but there's a lot of uncertainty, and both of these races is going to be a test of former president trump's influence over republican voters in this crucial battleground state. >> so much to watch. thank you all for being with us. appreciate it. coming up in kentucky, with the latest on deadly flooding there. the government says one victim is as young as 2 years old. we'll take you there live. plus, 55,000 acres burned, thousands had to get out of their house.

at least two people have been killed. we're tracking california's biggest wildfire this year. and then overseas, the rising tensions with china. house speaker nancy pelosi's trip to taiwan is rattling the region. that's after the break. he region that's after the break so betty can be the... barcode beat conductor. ♪♪ go betty! ♪♪ let's be more than our allergies! zeize the day. with zyrtec.

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a lot of people are watching this trip from house speaker nancy pelosi to asia. she's there now, and her potential stop in taiwan. you've got secretary of state tony blinking telling reporters the white house doesn't know if the speaker is going for sure or not. >> the speaker will make her own decisions about whether or not to visit taiwan. if the speaker does decide to visit and china tries to create a crisis or otherwise escalate tensions, that would be entirely on beijing. we are looking for them in the event she visits to act responsibly and not to engage in any escalation going forward. >> officially, the trip includes stops in singapore, south korea, malaysia and japan. unofficially, the local media in taiwan says the speaker will be

there, which will be the first for a u.s. house speaker in 25 years. the speaker has been a long-time critic of china. in 1991, she was at tiananmen square. you can see her holding a banner that said, to those who died for democracy in china. so she's been a china critic for a while. and now chinese leaders, who are well aware of who she is and aware of her position inside the government, are threatening military action, saying their military will never sit idly by if nancy pelosi goes to taiwan. i want to bring in our pentagon correspondent. the thing the speaker would weigh here, dan, if she goes, the potential escalation of tensions with china where they are focused on taiwan and perceived change in status. but if nancy pelosi doesn't go, she opens up to criticism that she's giving in to what beijing

wants. >> it is a no-win situation. once word leaked out that this trip was being planned in the works, it kind of put everyone in an impossible position, right? once the president acknowledged it, there was a feeling there was no way to back out. otherwise you would seen to be caving to chinese threats. but as you say, this trip is really upsetting the chinese. pelosi in particular is someone they are not fond of. she's an outspoken critic of china for decades. and so the white house is being quite careful. you heard what secretary of state blinken was saying, that we're not trying to raise tensions. if that's any crisis, it's on beijing. you heard white house officials saying there's no change in u.s. policy, that the u.s. does not recognize taiwan as an independent state. so the white house is really struggling to calibrate this. but i think we are going to see tensions rise if she goes.

and it looks like she probably is. and we'll probably see more of those chinese military exercises that can be quite provocative, where they fly and sail their ships very near taiwan, and there's even a possibility they could go beyond that. but there's no indications of outright military action. i think that's important to point out at this point. >> dan, thank you for that perspective. i know you're watching that from the pentagon. we're following what is happening in kentucky today. you're seeing part of it here on the left side of your screen. rescue operations happening now after deadly flooding hit the state. the governor saying today at least 35 people have been killed. that includes four brothers and sisters, the youngest just 2, the oldest only 8. officials expect more people to be found dead as the state fights more rain and the potential for even more flash flooding. it's tough because you feel like when are these folks going to catch a break? i want to bring in george so lease from jackson, kentucky.

as of this morning, some of the flash flood warnings lifted but they are bracing for more rain on the way. >> reporter: that's right, hallie. there's a mixture of hope and heartbreak out here. heartbreak over the loss of life and property. you can see more traffic, people going into their neighborhoods, finding what's left of their homes, picking up the pieces. water starting to recede just a hair, but you can see the water is moving fast, people's belongings flowing down the river. hope that this displaced families will be found as cell service starts to pick up in the region. the heartbreak, though, continues when you have so many families still missing and displaced. heartbreak again, when you have that death toll continuing to climb. still, there is a valiant effort f first responders to get to those families that have not had any help, because streets and

bridges have been washed out. there's a community effort where volunteers are handing out food and water to families. a little earlier, we talked to some families out here who are coping with the losses. here's what they had to say. >> there's nothing else for us left to lose. we've lost four houses, a couple of vehicles, all our farm equipment. i mean, technically, there's nothing else for us to lose. >> reporter: again, just hearing that, your heart goes out to everyone in this community, especially with that threat of more rain on the way. they simply feel like that they cannot catch a break. but people are resilient here, many saying they are not giving up. this community staying strong through all of this. at last check, some 12,000 people are without power. more than 25,000 without water.

44,000 under a boil water advisory. so this help from the community, so crucial at this point. there is some silver lining, the governor saying that cell phone service is quickly being restored, hoping that leads to more reunions in the coming days. hallie? >> george, thank you. in northern california, you have a wildfire exploding now. to become the state's biggest one so far this year, growing to 55,000 acres. thousands of people have had to leave their homes. gadi, talk about the containment process, what's the deal? >> reporter: there's a little bit of progress. right now, they are calling it 1% contained. this isn't just sweltering heat or extreme drought conditions. right now, all eyes are on rolling thunderstorms that could be a blessing or a curse. it could bring rain, but also that dangerous kind of lightning. lightning strikes last night

sparked 12 more fires in that area. on top of that, it brings wind gusts that can blow the fire in any direction. so from what we have heard, the hardest hit area is where that small town is seeing dozens of buildings burned to the ground, including the community center. nearby, two people were found dead in a car in their driveway. authorities think they may have been killed while they were trying to escape the flames on sunday. so far, the fire has exploded in size. it's now the largest fire in california this summer. it blew up in just a matter of 48 hours, thousands have been evacuated. the pacific crest trail, that's also been closed down. authorities extracted about 60 hikers from the back country. the governor declared a state of emergency. right now, more firefighters are headed to that area as the fire is pushing well past 50,000 acres. again, hallie, the containment numbers are very small. in fact, they're saying maybe 1%

contained. we have a lot of erratic weather heading in that direction. again, everyone is crossing their fingers. hallie? >> that is for sure. gadi schwartz, live for us there. thank you, friend. next up, live to kansas where abortion is on the ballot for the first time in this post roe moment. moment covid-19 moves, and now you can too by asking your healthcare provider if an oral treatment is right for you. oral treatments can be taken at home and must be taken within 5 days from when symptoms first appear. if you have symptoms of covid-19, even if they're mild don't wait, get tested quickly. if you test positive and are at high risk for severe disease, act fast ask if an oral treatment is right for you. covid-19 moves fast and now you can too. is it me or does everyone auditioning for this health insurance commercial look the same? it's not you. health insurance companies see us all the same. that's not good. well, except humana. they see me. after my back surgery,

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for immune support. boost® high protein. subway's drafting 12 new subs, for the all-new subway series menu. let's hear about this #7 pick, from a former #7 pick. juicy rotisserie-style chicken. you should've been #1. this isn't about the sandwich, is it chuck? it's not. the new subway series. what's your pick? right now, in indiana, the statehouse is considering a near total abortion ban that just passed the state senate over the weekend. tomorrow in kansas, you've got abortion on the ballot for the very first time since roe was overturned. voters will decide whether to end the state's constitutional right to access an abortion. i want to bring in nbc's dasha burns who is live in kansas. there is a lot at stake here. already people who live in kansas are in kind of an island as it is. >> reporter: yeah, hallie, that's right. in fact, i'm standing in front

of just one of five abortion clinics this the state of kansas, that's recently become one of just a few clinics in this entire region after the fall of roe. so many of the surrounding states enacted all-out bans or significant restrictions to abortion. so yeah, the stakes are high here, as they vote here. in kansas, in 2019, the state supreme court ruled that the state's constitution does protect the right to an abortion. if this amendment passes, though, it would remove that constitution protection and pave the way possibly for more restrictions, essentially, hallie, it would give the power to this heavily conservative state legislature to stake further action on abortion. abortion rights activists, believe that will inevitably end up in a ban. those in favor of this amendment down play that possibility, say thing is just about protecting

the regulations that already exist. regardless, all eyes will be watching what happens tomorrow. this would be a huge bellwether for november. it could say, you know, how engaged are voters with this issue? is this something that will get people out? we have seen here in kansas a full-blown get out the vote effort. everywhere you look, there are signs and rallies, concerts being held to get people to the polls. and boots on the ground, knocking on doors for the first time. i want you to hear from two of those folks who have been talking to voters on different sides of this issue, but equally as passionate. take a listen. >> you have any pro life feelings or thoughts that you might have on this stance, this is the time to do that. we might not have another opportunity for a long time for our voices to be heard. >> i felt really strongly about roe v. wade being overturned, and to very quickly learn that

kansas was going to be one of the states that were going to make national stage to let people know what voters think about this, it scared me, it absolutely scared me. >> reporter: look, hallie, this is the conversation in this state right now. and it's impossible to avoid. early voting is already up more than 200%. so that turnout factor is going to be really interesting to watch. this is also, you know, a conservative state. so even if the yes vote wins, if it's close, that's going to be significant. and if the no vote, the abortion rights vote wins, that is going to make a statement ahead of the midterms, hallie. >> dasha burns in kansas, thank you. right now, the number of monkeypox cases in this country are going up, crossing the 5,000 mark. the vaccine hurdles people are facing and whether we should have been better prepared after the covid pandemic.

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monkeypox is now officially a public health emergency in new york city. officials saying as many as 150,000 people there could be at risk of infection. as "the washington post" reports, the u.s. only has a third of the vaccines it needs to protect the gay and bisexual men to be highest at risk. one person talked to wnbc, our nbc owned station in new york, about their experience in the city. >> it wasn't hard, but you did have to, like, wait and -- on your phone and just keep refreshing. it took me a week after i found out appointments were happening. then i got it, and now i got it. >> joining me now, dr. natalie azar. doctor, help us reality check this, right? how bad sit and what do we need to prep for? >> well, hallie, i think most experts at this point are predicting we'll see tens of thousands more cases in the upcoming months. i think probably the main reason

is that the demand for vaccine far, far, far outstrips supply. if we kind of go back and look at sort of the steps or missteps that were taken from the very beginning, i think you can see the roots of what's happening what's happening now. you and i have talked about this before that this was predominantly right now affecting a community of men who have sex with men, but there will be spillover and we're already seeing that. >> we have former fda commissioner scott gottlieb write in "the new york times" that monkeypox will become the next public health failure. he talks about the late rollout of testing and it fits the familiar of response for covid. is that a fair assessment or no? >> i think it is. i think we can all agree that covid-19 pretty much exposed the

deficiencies in our pandemic preparedness and one would think that we would have learned our lesson, but the fact of the matter, hailey is we are woefully underfunded, understaffed and people are exhausted. people have been doing this with covid and it's not like we have a fresh army on the ground. testing only recently did the commercial labs now available to do testing. do you know how difficult it is if you suspect a case in your office to get the testing done it's easier now, but definitely was very, very challenging and probably still is in the vast majority of doctor's offices in terms of the vaccine supply and the strategic stockpile. we have the smallpox vaccine which was expired and there's a treatment, but the treatment is still deemed investigational, and it still requires a lot of work on the part of the physician to provide it to the patient, so yeah. we thought that there would be a difference because we have a vaccine and a treatment, but the access to those things was not

necessarily easy or has not been easy and here we are. >> dr. natalie azar. it's great to have your perspective and expertise on the show. thank you very much. >> i want to go back to the developing news that we started our news with it because a sentence is in now in the case of guy reffitt the convicted rioter. i want to get to ken delaney and nbc legal analyst danny zavalos. the sentence, just over seven years, huh? >> moments ago handed down, hallie. 7.25 years. that's on the lower range that the judge ruled the guidelines suggest were appropriate in this case and the prosecution was asking for much more as high as 15 years in prison. they lost on a couple of legal issues, most importantly, their efforts to seek a terrorism enhancement to level this case domestic terrorism and the judge declined to do that. this sentence followed a roller

coaster day of legal argument which is culminated in guy reffitt himself speaking before the judge and sort of making a last-minute plea that he was remorseful and apologetic of saying the opposite and arguing from jail that he was a martyr and fund-raising and suggested that some of his rhetoric was really about raising money for his family. the judge made it pretty clear she didn't buy it. she thought he was just telling her what she wanted to hear. at the end of the day she sentenced him to a hefty prison sentence, the longest of any of the january 6th defendants and the previous was five years and much, much less than prosecutors were seeking. prosecutors tried to portray him as standing alone in his malof lens, but they didn't succeed in convincing the judge. >> i want to get back to some of what we heard from guy reffitt to bring viewers up to speed because it is colorful to say the least and let me get your initial reaction from the legal

perspective on the sentence, what it means and what it says. >> defendants have an absolute right to address the court. that doesn't mean that they should in all circumstances especially in a case like this where there might be appellate issues. it's often very risky to put your client on the stand at a federal sentencing hearing because they may say something that would compromise the appellate rights. everything they say is on the record and they're essentially testifying so that can be a real challenge. in terms of the sentence meted out, seven years is on the lower end of the guidelines and generally speaking, judges, if they like to be safe will sentence within the guidelines even though it's not required because it insulates them from appellate review and there's the presumption that a sentence within the guidelines is acceptable and wasn't expecting the judge to go too far below the guidelines given the number of charges and all of the factors involved here, but even with all of these different kind of defendants in january 6th,

it's hard to find someone that is exactly like the other, even in a situation like this, no two defendants are really identical. >> ken, we talked about what we heard from guy reffitt when he was there delivering a statement to the judge, and he basically, and i have a couple of quotes that i want to pull up here. he essentially at one point says i f'ed up and said he was an f-ing idiot. he says i don't want to do anything to do with any groups or militias and stupid -- like that, and heed i'll be lucky to get into church with my mouth. you were say something while you were behind bars waiting for the sentence. that was essentially to make money i want to fund raise on behalf of my family here. >> yeah. that's right. the judge said how do i have any confidence that what you're saying here is heartfelt? i'm paraphrasing, aren't you

like many of the other january 6th defendants, you're telling me exactly what i want to hear. defendants who wait to apologize on the day of sentencing don't really have much of a chance of persuading the judge and it's not clear that that happened in this case, but nonetheless, again, the lower end of the guideline, a real disappointment on the department of justice which made a point, hallie, of celebrating and drawing attention to the fact that this was the first case where they sought the terrorism enhancement. >> there's no law against domestic terrorism and it's only a sentencing enhancement where they argued to the judge and they did that and they lost and so far they have no comment. i've been trying all day to get them to explain to me their thinking on it and they're not willing to do that. that said, this is a long sentence for someone who did not assault the police officer and did not enter the capitol. he did have a gun and convicted of threatening his children.

a significant settence. >> 87 months prison, three years' probation and $ 2,000 restitution. thank you both for being with us. appreciate it and appreciate you all watching this busy hour on msnbc. nicole wallace picks it up on "deadline: white house" right after the break. "deadline: white house" right after the break. my grandma never mentioned this, but her first job was working at a five and dime, when she was only 16 years old. it's all right there in the census. see where a few details can lead with the 1950 census on ancestry. i could've waited to tell my doctor my heart was racing just making spaghetti... but i didn't wait. i could've delayed telling my doctor i was short of breath just reading a book... but i didn't wait. they told their doctors. and found out they had... atrial fibrillation.

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>> hi there, everyone. it's 4:00 in the east. a key test of the power of trump and trumpism this week and one of the states that is crucial to the story of the 2020 election and the disgraced twice-impeached ex-president's campaign to overturn his defeat. arizona holds its republican primary tomorrow and trump and his allies are hoping to replace those republicans who stood in the way of his coup attempt with conspiracy theorists who may be all too willing to do his bidding if trump should run again in 2024 and lose there again. one of their biggest