as we come on the air? afternoon a lot of moving pieces starting with the last hours of voting in five primaries testing the grip of donald trump's lies about the election and his hold on the gop. plus breaking in the last few minutes, the burn pit bill set to get a vote today. we'll talk about what we're just hearing from key senators and veterans about why this is taking so long. and the department of justice, the attorney general making the first legal moves since roe v. wade was overturned

rolling out a new lawsuit to protect abortion access. why that is a significant moment for this administration. we'll go live one-on-one with one of the top homeland security advisers on that drone strike that killed a top al qaeda leader. we have a lot to get to in the next 60 minutes. let's start off in washington. with our team of responds following every move as voters are voting. vaughn hilliard is in phoenix, and shh keel kweel brewster is out there. we have so many people looking at arizona. this is a thing that everyone will be talking about tonight. is dlt dth going donald trump going to be able to sweep in arizona? s tell me what you're seeing on the ground. >> reporter: the polling right now indicates that kari lake, finchom for governor and

attorney general are top front runners. but the big question is from both camps on every one of these campaigns i have talked to is there are a lot of questions about who ultimately shows up here in this final 24 hours. there's a major part of this republican party that no longer trusts mail-in voting, so unlike past elections, there's a greater share of voters who are showing up to do same-day voting. that is why there are questions about just how many folks who first time came out in 2020 election are willing to come out not only in a midterm election, but a primary to back the likes of some of these candidates. that's a major question here. >> i know you caught up with the leading candidate cary lake. tell me about what you learned a about that. >> reporter: kari lake is looking to have a knockout blow

here. along with some of the other republicans to the old john mccain wing of the party. a lot of those sort of mc-type figures aren on the cusp of being booted from office. and that is where kari lake has a chance of being the leader of this republican party. yet there's also the reality that she may not win her primary against against the gubernatorial candidate backed by mike pence and other republican leaders here. and i think it's interesting and worth noting that in the last two weeks, she has started to put out that there's fraud and so-called irregularities, yet she has yet to provide specific evidence or specific allegation. that's why last night i was able to catch up with her and attempted to put that question to her. take a listen. >> this is serious.

this is about arizona voters and their in this election. >> the last person on this planet earth i would tell a about this is you and msnbc. >> you know about a crime and yet you're not reporting it to authorities? >> i'm not telling you about it. >> to note, we have reached out to elections officials here in maricopa county and the arizona secretary of state's office. both say that neither lake or anybody affiliated with her campaign has come forward with any concerns or allegations of election fraud or irregularities. >> so what you're saying is that she hasn't told you, but she hasn't told election officials either what evidence she might have of this alleged fraud she claims? >> reporter: that's accurate. yet we're here on primary day and she's making these allegations for weeks. she has yet to put anything forward. folks are seriously questioning that this could be a very close and even contested election here. that's why her putting this out

there now leaves a lot of folks here in the political realm concerned about what she could try to mount in the weeks ahead. >> vaughn hilliard, thank you. great reporting. shaq, you're following races in michigan. one of which has peter meyer trying to hold on to his seat. meyer is somebody who voted to impeach former president trump. talking us through what you're seeing there. >> reporter: this would be a test of former president trump's influence over republican voters in this battleground state. i caught up with both of the candidates in this primary race, both peter meyer and john gibbs. both are coming into the election night confidently most of them say the internal polling has them leading and both of them say that impeachment and the former president's endorsement are going to have an impact on the results. but when you talk to voters here, voter who is are listening to the endorsement that the former president launches,

there's a little more dynamic there. some voters say the former president's endorsement is key and others say this. listen here. >> roe v. wade schools because i'm a moderate republican and that was eisenhower. >> i love and support donald trump, absolutely. but i'm a free thinker. i don't have to always agree with him just because i think he's the greatest president that we have ever had. saying that i have, i have my own opinion. >> his endorsement is one factor but not the only factor. as far as the race for congress? >> now one thing unique about what we're seeing in michigan is many democratic groups, two

democratic groups have spent money on campaign ads for or against some of the republican to influence the result here. i have also talked to democratic voter who is picked up republican ballots and said it's not about meddling, but they want to make sure they don't have a far right candidate that is possible of getting elected here. this is an open primary state. both sides can vote in either primary they want to choose, but it really is going to lead to some open questions about what happens and what that final result will be once we get the results later tonight. >> shaq, thank you. and talk to me about the landscape where you are. >> as you know, there's really always a lot of chaos when it comes to the trump endorsement. here in missouri we have an interesting situation. you can call it the battle of the erics. two erics, both claiming that

former president trump has endorsed them. last night former president trump put out a statement saying he was endorsing eric. all caps but no last name. you have eric schmitt saying it's him. he's trying to get the endorsement of president trump and then you have eric greitens, the former embattled governor here. he's made the graphic there. he is putting out the former president trump is endorsing him he already has the support of donald trump jr. the son is endorsing him. it's not clear whether the father is. add to all this that nbc news is hearing president trump is not clarifying which eric he's getting behind because he wants it to be intentional. he's intentionally creating chaos and saying whichever wins is the one i'm going to back. i should also note this is impacting the way that voters see this race. here's one person that i talked to about sort of the influence that former president trump is having in this race. take a listen. >> what do you make of former

president trump and the influence he's having in the race and the decision to put this sort of confusing endorsement out there? >> i think it ends up helping eric schmitt because i think eric greitens was losing a lot of traction in the polls he was probably counting to get the trump endorsement. only him. and that happen. so i would be surprised if greitens wins today. >> reporter: it's really important to note that this is the tight, crowded field of republicans trying to replace roy blunt, who is retiring from the senate. trump endorsement here if it was clear would have made a big difference. i should also note there was a voter i talked to, a young undecided republican woman who told me she thinks former president trump is being seen as a, quote, god by some voters and she really wants candidates to be focused more on the issues whether it's the middle class or the economic challenges. i think overall if you step back

and look at the national implication, it really does tell you that president trump is enjoying the power he's wheeleding, the influence he's wielding in the party. and election integrity. some believe the election was stolen, even though we know it was not. so really the language of president trump, the things he's focused on, you're seeing them in this race and it really tells me that after this race, you're still going to be able to see in a lot of ways the power of former president trump as his grip continues to be very tight on the republican party here. >> yamiche, thank you for being there for us on the ground. i want to get to developing news out of washington. coming out of senate where the top democrat in that chamber says they are going to vote on the pact act, that's the burn pit bill tonight in a little under two hours from now. i want to bring in scott long on capitol hill. just to remind people. s that what jon stewart and the

veterans have been conducting a sit-in at the capitol now for days on. it seemed like all systems were go. there was a wrench thrown into this thing last week when about two dozen republicans said, wait a minute, we're not so sure we're going to support this. it looks like it's back on track. this is a significant moment and it suggests some kind of agreement. talk to us about what you know. >> reporter: that's right. just a few seconds ago, pat toomey, the republican from pennsylvania who has really been leading the opposition in blocking the pact act from moving forward, tweeted that he has offered a path forward to majority leader chuck schumer. three amendments at the higher 60-vote threshold. earlier this week he was insisting on a lower simple majority for some of his amendments. he wants greater controls on the spending, so it looks like according to toomey, he is going to be getting a vote on that

amendment. democrats have said, look, the money will be spent on these veteran who is have been exposed to things like burn pits, raw sewage on these military bases in iraq and afghanistan. but it does appear that the pressure campaign outside the cap capitol led by dozens of veterans along with jon stewart has been working. they have been camping out the last five days braving the heat, humidity, occasional thunderstorms. i have been texting back and forth with some of them. it sounds like really brutal conditions, but they said nothing like they experience in places like kandahar and iraq with these open burn pits. >> there had been discussions, and i know that we heard this more from democrats, that perhaps the reason why some of the republicans pulled their support was because of this broader deal that schumer and manchin struck also last week to

move forward on this very big climate and health care bill that democrats really want to see. and i know mitch mcconnell just talked about this and said, he made a terrible deal. a deal that only bernie sanders would love, if you will. we expect to hear from senator manchin tonight. he wants to speak with senator sinema, who is still the outstanding question mark in all this. >> interesting. just a few minutes ago, our key senate watcher, a guy you know well, frank thorp, text me a picture of senator sinema presiding over the senate as president this afternoon. and low and behold, joe manchin was whispering something in her ear. as far as we know, this is the first conversation that manchin has had with krysten sinema about the reconciliation package. manchin has been telling reporters all day, including on msnbc, he was going to have this

conversation with senator sinema to gauge where she's at in this big reconciliation package that you mentioned. billions and billions of dollars for climate investments, energy, health care. really democrats' entire agenda riding on whether or not they can get this through the senate and on to the house to the president's desk. so some interesting development this is afternoon. things moving quickly. the majority leader saying that he expects this to move. it's on track for some time later this week. they will consider it. there's other speculation saying this could seep into the weekend. so there's always that possibility. senators not too happy about any sort of weekend work, of course. >> it is an interesting optic to see senator manchin whispering into senator sinema's ear. frank thorp tweeting that photo a couple minutes ago.

thank you. appreciate it. we have so much more to get to on the show, including house speaker nancy pelosi on the ground in taiwan. a matter of hours from now set to meet with people there. the ripple effects this controversial trip. plus we just talked about this democrats losing roadway to pass the schumer deal. we'll speak with john tester on where those talks stand. where those talks stand. ♪ got my hair got my head ♪ introducing new one a day multi+. a complete multivitamin plus an extra boost of support for your immunity, brain, and hair, skin & nails. new one a day multi+. >> tech: cracked windshield? don't wait. go to safelite.com you can schedule service in just a few clicks. it's so easy. and more customers today are relying on their cars advanced safety features, like automatic emergency breaking and lane departure warning. that's why our recalibration service is state of the art. we recalibrate your vehicle's camera, so you can still count on those safety features. all right, we're all finished.

>> customer: thank you so much. >> tech: thank you. don't wait--schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ riders! let your queries be known. uh, how come we don't call ourselves bikers anymore? i mean, "riders" is cool, but "bikers"...is really cool. -seriously? -denied. can we go back to meeting at the rec center? the commute here is brutal. denied. how do we feel about getting a quote to see if we can save with america's number one motorcycle insurer? should flo stop asking 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. 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. millions have made the switch from the big three se to xfinity mobile.ls can lead that means millions are saving hundreds a year on their wireless bill.

and all of those millions are on the nation's most reliable 5g network, with the carrier rated #1 in customer satisfaction. that's a whole lot of happy campers out there. and it's never too late to join them. get unlimited data with 5g included for just $30 a line per month when you get 4 lines. switch to xfinity mobile today.

so in just about 13 minutes from now, we expect to hear from the white house. presumably, likely about that trip to taiwan and house speaker nancy pelosi is now on after her arrival today. that's expected to start at 3:30 eastern. you can see her touching down. welcomed in taipei, not so much at all by beijing. the chinese embassy calling the trip in their words a serious

slielgs of the one china policy and saying those that play with fire will perish by it. there's new military exercises later on this week including live fire drills. back here at home, pelosi is getting support from an unlikely ally the top republican in the senate, mitch mcconnell, listen. >> i think it's important that the speaker did go to taiwan. i doblt think the chinese get to tell members of congress where they can go. >> i want to bring in chief foreign affairs correspondent and msnbc host andrea mitchell. i'm glad you're here. you have been covering this deeply. right now it's the middle of the night. the speaker is presumably sleeping, but talk to us about what her day looks like and what china might do a about it. >> she's going to meet with taiwan's president in total violation of china's warning as

well as discomfort by the white house. this is one of those rare disagreements between the speaker of the house and the president of of the united states. but they are not saying that publicly. the president, the most forceful statement has been that the u.s. military thinks that this is lack of timing. and that's because china's president xi jinping is facing a number of economic problems, the blowback against his lockdown, other issues, supply chain issues, the economy is slowing down and all that as he's trying to cement his control over china and get a third term, which would be very unexpected when he first started out, but he's become an increasingly dominant figure in china, unlike anyone we have seen in decades and decades. and all this happening as the

speaker is going but they are saying she's an independent branch of government. and they are not going to publicly criticize her. people supporting her think newt gingrich went there in 1997. that was 25 years ago. republicans and democratic members of congress go all the time. beijing's objections really saying that that's really a manufactured crisis by beijing. and your hearing from republicans in the senate supporting her, but no house members. none of the house members she invited to go along accepted the invitation. >> i know it's going to be a late night and early morning for you. thank you for being us. we appreciate it. next we'll take you inside the operation president biden

green lit to take out al qaeda's leader. of i have the homeland security adviser joining us, live. and since the 9/11 master mind was being harbored in afghanistan, we'll talk about what it means for how we deal with the taliban-controlled country going forward. the tali country going forward. aleve x. its revolutionary rollerball design delivers fast, powerful, long-lasting pain relief. aleve it, and see what's possible.

when tired, achy feet make your whole body want to stop, it's dr. scholl's time. our insoles are designed with unique massaging gel waves, for all-day comfort and energy. find your relief in store or online.

[sfx: stomach gurgling] it's nothing... sounds like something. ♪ when you have nausea, heartburn, indigestion, ♪ ♪ upset stomach, diarrhea. ♪ pepto bismol coats and soothes for fast relief... when you need it most.

open. it's a beautiful word. neighborhoods "open". businesses "open". fields "open". who doesn't love "open"? offices. homes. stages. possibilities. your world. open. and you can help keep it that way. ♪♪

we are learning new details about the drone strike by the u.s. that killed the top al qaeda leader and key plotter of the nerve attack. ayman al zawahiri killed by a cia drone that was apparently targeting the balcony of a safe house in a wealthy neighborhood in afghanistan. officials say u.s. intelligence located him earlier this year and spent months watching his movements trying to figure out his patterns, look a at his daily routines. the man hunt has been going on for two decades. we expect to hear more about this when national security council spokesperson and adviser john kirby takes the microphone in a couple minutes. i want to bring in white house correspondent monica alba for more on this. talk us through the layest on what we're hearing and specifically some of the new details about the planning that went into his killing. >> the white house and president biden really here touting the

meticulousness that went into this counterterrorism operation. the president was briefed on a potential plan to kill al zawahiri if the opportunity was something that did arise. the president came back and asked his national security officials for answers to a lot of questions big and small. he wanted to know about things as small as the layout of the apartment where we know that al zawahiri was in those final days and where intelligence officials had surmised he would like to take the evening air out on the balcony. in the photo, that was july 1st, where an actual scale model was presented to the present. that's what's what was inside the box so they could go through the step by step and the president could visualize the answers to all of those questions he had. we understand that he gave the green light in recent days and

then over ts weekend because they felt they had the right moment, they did launch those missiles. and what's notable here is how national security adviser jake sullivan framed the american assessment of what this al qaeda leader in terms of a threat posed in the days leading up to his death. take a listen. >> we do believe he was playing an active role and a strategic level in directing al qaeda and continuing to pose a severe threat against the united states and american citizens everywhere. >> this is a white house that's also framing this as something president biden promised to do a year ago when he made the decision to evacuate american troops from afghanistan. so they are framing this now as a promise kept in terms of even though there aren't boots on the ground there, the united states was able to continue to carry out these counterterrorism preyings and the president in his remarks last night vowed to do that for anyone who poses

harm or plans any kind of terrorist attack against the united states. you can expect to hear more about the details, how this all unfolded. the backdrop of all this, the president is still on day four of his covid isolation from the rebound case. so over the weekend, he wasn't surrounded by the national security officials when this took place. instead they informed him it began and it had concluded as he was working from the white house residence with a apparently his only companion, his dog commander accompanying him. >> monica alba live for us at the white house, thank you. i want to bring in the white house deputy homeland security adviser. it's good to see you. thank you for being with us on a busy afternoon. >> thank you for the opportunity. >> lots to talk about, but let me start with the forward-looking piece of this. which is the this peace agreement with the taliban because overnight what we heard from the secretary of state is that the taliban fwrosly

violated the doha agreement and repeated assurances they would not allow afghan territory to threaten the security of other countries. so a couple questions here. what is the u.s. going to do to hold the taliban accountable and how concerned that it could become a safe haven for terrorists? >> we think actions speak even louder than words. the biggest action to show that accountability is the one we have already taken. when we see a terrorist threat emerging, including if it's in afghanistan, we will take the necessary action to protect the american people. the taliban may not like that, but that's what the president pledged. that's when he plans to continue doing. beyond that, there are other things that the taliban wants from us and frankly from others around the world. that includes financial resources, steps towards the legitimacy they so desperately seek. this is a major setback for them. and we'll continue to make that clear. >> so is the expectation that we will see more of those pieces

that will hurt the taliban in the weeks and months to come that is a slower burn, so to speak? >> i'm not going to telegraph what we have planned, but i will say that this is something that will set back the taliban's aspirations and goals in a significant way. that's not just from us. al zawahiri was responsible for the deaths of so many national fits. given the various terrorist attacks he's been linked to. to have him where he was, that's an outrage to many nations around the world. and the taliban now knows that. >> help people understand how active a threat al zawahiri was before he was killed. >> he was on display he continued issue videos in which he called for attacks against americans as well as others

beyond that we did assess that he was critical as a glue of sorts in holding together a network that looks quite different today from what it looks like two decades ago. there's desperate affiliates that al zawahiri worked hard to try to keep focused on shared objectives. he tried to be that facilitator, that connective tissue among them, and we think eliminating him from the battlefield has the potential to fracture this terrorist organization in meaningful ways. >> the planning that went into this, my colleagues at the white house who work for nbc have reported on some of this. help us go inside the amount of timeit took to come up with this and how confident the president was he was making the right decision to strike at this exact moment. >> in some ways it's a question of how far back you want to go in the story. this is the product of decades of meticulous, patient, remarkable work by the intelligence community and

counterterrorism professionals across our government. they all deserve our gratitude. in more recent months, the different pieces of this puzzle came together for the intelligence community. those were briefed carefully to a small group here. the president himself was brought into that information when it was right for him. he asked very detailed questions about the structure, about the consequences, about what might happen if we did this. ultimately having had a range of answers come back too him for our best experts, he was quite confident in the order he gave. >> the visit by nancy pelosi to taiwan as she's expected to in a matter of hours hold meetings in taipei. do you believe that her trip to

taiwan puts u.s. security at risk president bush. >> here's what i'll say. congress is obviously a separate branch of the federal government. members make their own choices on travel such as this. it's our responsibility to ensure their safety and security while traveling. that's what we have done. we have communicated to the chinese both publicly and privately that her doing so and our doing so is in no way a departure from existing u.s. policy regarding china and taiwan. and i'll leave it at that. >> thank you very much for your time this afternoon. i appreciate it. we want to get a look at some of the other top stories including from down in kentucky. the governor there now says 37 people at least have died from the horrific flooding including children. experts say part of what made this so bad, why it was so awful is the timing of the storms.

overnight hours. in california two people have been found dead found by first responders. it is now the state's biggest wildfire this year. thousands of people have left their homes. it's still 0% contained. brittney griner is back in a russian court today. she faces ten years in prison a after she pleaded guilty to charges of cannabis possession in july. closing statements are scheduled for later on in the week on thursday. just the last couple hours, we saw the doj announcing a new law over abortion rights. also voters making their decision for the first time on abortion access in this post roe era. we're talking about reproductive rights after the break. plus we have been watching capitol hill for the latest on the big burn pits bill blocked by republicans getting another vote today. i'll ask senator tester of montana about all of it. that's after the break. a about . that's after the break conquer it with mavyret. cure it. with mavyret. mavyret cures all types of hep c. in only 8 weeks.

the virus multiplies daily and can damage the liver over time. mavyret stops hep c and cures it. if you've had hepatitis b, it may flare up... ...and cause serious liver problems during and after treatment. tell your doctor if you've had hep b, a liver or kidney transplant, other liver problems... ...hiv, other medical conditions... ...and all your medicines. do not take mavyret with atazanavir or rifampin. report right away yellow skin, stomach pain or swelling... ...confusion, and bleeding or bruising. hep c? crush it with mavyret. conquer it. cure it. in only 8 weeks. see hep c gone with mavyret. ask your doctor about mavyret. abbvie could help you save. ♪♪ it's the all-new subway series menu. twelve irresistible new subs. the most epic sandwich roster ever created. ♪♪ it's subway's biggest refresh yet! ever wonder what everyone's doing on their phones? ♪♪ they're banking, with bank of america. the groom's parents? they just found out they can redeem rewards for a second honeymoon.

romance is in the air. like these two. he's realizing he's in love. and that his dating app just went up. must be fate. and phil. he forgot a gift, so he's sending the happy couple some money. digital tools so impressive, you just can't stop banking. what would you like the power to do? the day of the heart attack, i was scared. i didn't know what to do. seeing my daughter have a heart attack, it shook me. aspirin helps reduce the chance of another heart attack by 31%. be sure to talk to your doctor before you begin an aspirin regimen. who says you can't get 100% whiter teeth? try crest whitening emulsions. remove 10 years of stains... in just 4 days. and it's enamel safe for everyday use. better... faster... 100% whiter teeth. crest. the #1 teeth whitening brand in america.

♪♪ ♪♪ ♪♪ ♪♪ ♪♪ age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. my a1c stayed here, bit needed to be here.so has key nutrients ruby's a1c is down with rybelsus®. my a1c wasn't at goal, now i'm down with rybelsus®.

mom's a1c is down with rybelsus®. (♪ ♪) in a clinical study, once-daily rybelsus® significantly lowered a1c better than a leading branded pill. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. need to get your a1c down? (♪ ♪) ask your healthcare provider about rybelsus® today. back on capitol hill where

the senate is getting ready to vote on the burn pits bill in just a little bit this afternoon. and it you're like what is this all about? you should understand it. it's bye-bye nicknamed the burn pit bill. it was after the practice of burning trash in pits in the open air, which you'll not be shocked to learn released toxic stuff into the air. members of the military inhaled that air and that has had terrible consequences including cancers and respiratory illnesses. one veteran tells nbc news that the burn pits and incinerators in afghanistan left her with bronchitis and pneumonia in and out of the er. more than 3.5 million veterans were exposed to this stuff in the wars after 9/11. it would spend $280 billion to help these veterans that are suffering. ali vitali caught up with some of them and their family who is have been camping out on the steps to make sure this vote really does truly happen. watch.

>> reporter: the fact that we're still having this conversation, the fact that they didn't have the automatic benefits, automatic service as we have served, as they have served, it's horrific. >> my only son, what do say to him. how do i tell him i'm here. he's like, mom, go get him. what good news am i going to tell him? i'm sorry, son. they put it off again. you know what he's going to say? that doesn't surprise me. that's the government. >> i want to bring in senator and chairman of the veterans affairs committee senator tester. thank you for being back on the show. >> appreciate the opportunity. thank you. >> i'm going to ask you your message to the mom we just heard from. but let me start with the news from senator schumer that the bill is expected to get a vote tonight. is it going to pass? is this going to be a done deal? >> look, i don't want to predict

yes, but i feel good about it. but i can also tell you a week ago i went to the floor and said we're going to vote on a bill again that we voted on on june 16th that got 84 votes. much to my surprise, we didn't get enough votes. we didn't even get 60. i think those veterans out on the lawn, and it's not particularly nice in washington this time of year, and they have been out there for five days making their voices be heard along with the other veteran service organizations across this country. they have been contacting folks like me? the senate saying it's time to pass this bill. that made a huge difference. but we have to run through the tape. and we wont know this until i think we're going to vote on three amendments. and then final passage. it is time we passed this bill. i hope we get it done tonight so these folks can go home and veterans can sleep at night knowing that their toxic, poe sures will be covered. >> in reading between the lines

here, it sounds like you're morse optimistic than not when you're talking about running thus the tape. get that you're holding out for another surprise, but it sounds like you're somewhat confident this will get done. does that mean you believe that senator toomey will hold to his end of the bargain as it relates to the amendments? >> my understanding that senator toomey will get a vote on his amendment. that's a good thing. and i believe senator blackburn will get a vote on her amendment. then there maybe a vote and final passage and maybe there's another amendment, i don't know. but the bottom line is this. i am cautiously optimistic. i'm not spiking the ball on any of this stuff until this last member has voted. and this vote is called in favor of passage of this bill so we can get it to the president's desk and signed as soon as possible. >> so what is your message then when you hear people about why this took so long and when you

hear jon stewart saying all this about the fact that this took so long. why did it take so long? is it because the government is broken, as they say? >> maybe this is a sign the government actually works because people spoke up and listen. i'm saying that assuming this bill passes. it shouldn't have taken this long. there's really no good excuse for it. in the end, it will get passed anddone, i will be thankful for every senator that votes for final passage. >> that's obviously not the only key vote that senators on the democratic side would like to see this week. there's also that big climate and health care bill that senator manchin has been, we think, maybe, probably talking with senator sinema about to see where she is. what's your expectation? there's some rumblings that this could go into the weekend. do you think it's going to get done before everybody leaves town? >> it depends if the senate wants to do it before everyone leaves town. if there's a willingness to have

a reasonable number of amendments, it's possible to get this done by friday night. but look, i'm here to do the senate's work. that's what the people elected me to do. we'll stay here as long as it takes to get through all the amendments and either vote for or against this bill in the end. we shall see. but anything that reduces the debt by $300 billion, anything that allows medicare to negotiate precipitation drug prices, anything that helps produce energy, there's a lot to like about this bill. but i will tell you this. i have been very focused on the toxic exposure bill. i really haven't had chance to run through this bill in its entirety. i olympian on doing that the minute the pact act gets passed tonight. >> what is your expectation of what senator sinema will do? have you had conversations with her? are you letting senator manchin lead the way on that? >> i haven't. i'm hoping she will talk to the press. >> from your lips, senator

tester, thank you so much. i appreciate it. thank you for coming back on the show. we'll see how obviously the next several hours go. appreciate it. >> absolutely. we'll take you back to the white house. the national security council coordinator is briefing reporters on a couple big topics. nancy pelosi's trip to taiwan and, number two, the drone strike that killed the key master mind behind the 9/11 attacks. let's listen. >> the president welcomes today's announcement of an extension of the truce in the yemen conflict. the truce was a key agenda item during the visit to saudi arabia, and with leaders from across the region. as well as for the zul ton and leaders who have played a an important role throughout. it's brought calm in yemen saving thousands of lives and

bringing tangible relief for countless yemenys. when you're talking about seven years of war, thousands and thousands of lives, it counts far lot. now we have a chance to extend this another two months. so we urge them to seize this opportunity to work constructively to reach a comprehensive agreement. >> that's live tv for you. john kirby was talking about the two big headlines. we come to him when he's moved on. we'll get more news out of that briefing and bring it to you live with one of the members of our white house in a little bit. we also have other breaking news to talk about this afternoon. attorney general merrick garland announcing a new lawsuit against the state of idaho. it is significant because this is the first legal action of this nature from the doj since the supreme court decided to overturn roe. it involves a truger law to make an abortion a felony this that state. the total abortion ban is set to dpo into effect later this month.

>> it would make it a criminal offense to provide medical treatment that federal law requires. >> from idaho to kansas, where as we speak it is not the department of justice but voters making the decision on access to abortion. the first vote on abortion rights in this post roe moment we're in. i want to bring in justice correspondent and dasha burns, live for us from kansas. ken, i'll start with you. this justice department move here. talk about the argument, talk about the timeline and how it might aeffect this august 25th date when this ban would bo into effect in this state. >> this lawsuit says that idaho's near total abortion ban, which is one of the strictest in the nation, violates a federal law requiring hospitals to accept medicare to offer emergency medical treatment to everybody. the federal law in question is the emergency medical treatment and labor act. it requires hospitals provide

stabilizing emergency treatment for any condition that places health in serious jeopardy or risks impairment to bodily functions. the lawsuit says in some cases, medical care that idaho might characterize as stabilizing care under this law that hospitals are required to provide. in effect, the doj is saying that idaho's abortion law would make it a criminal offense for doctors to take action that is required under federal law. such as when a doctor determines that abortion is the immediateical treatment necessary to prevent a patient from suffering severe health risks or death. the idaho law allows any state or local prosecutor to prosecute a doctor just by showing an abortion has been performed and puts the burden on the physician to prove at trial the abortion was to save the life of the mother. what the justice department is asking for here is for a judge to stop any enforcement of the law while the case is argued,

and how in this case could end up before the supreme court. garland made clear today this will not be the last such action by the justice department. >> ken dilanian with the latest on that. from the department of justice and their actions and to voters in kansas and what they are expected to do here where abortion is on the ballot for the first time since roe was overturned. talk to us about what you're seeing here. >> reporter: look, the energy is high here and the stakes are high. look, you just talked about idaho. last night a drug in kentucky reinstated a trigger law that banned abortion there. and many of the surrounding states since kansas it's become this island of abortion access in this entire region. on the ballot is the amendment that would strip the constitution if passed of protections for abortion rights. it would then put the power to

take action on this issue into the hands of the republican super majority in the state legislature, and it could possibly open the door for them to hefbably restrict the procedure or as many activists here are concerned about, ban the procedure outright. so kansas voters right now are really the first in the nation to actually have their say. this is not the courts. this is not judges. this is kansas voters having a say on whether or not their constitution should protect this right. but there's also been a whole lot of confusion, right, even just thinking about the basics here. a yes vote is essentially the anti-abortion vote. a no vote is the pro-abortion vote. and some voters say it's been complicated to navigate because there's been a lot of information and misinformation in advertisements on the internet, text messages sent to voters that have been very misleading. i want you to listen to some of our conversations about that. >> we spent a lot of time doing research and trying to

understand what the amendment actually meant. >> i spent some time researching to make sure we made the right choice. it was very easy once we did our research. >> i wish they would use simple language. i understand they have to use language that can be legal, but for me it was -- it's hard to understand. >> reporter: and what we're watching now is not just how kansasans vote but how many show up. i'll tell you just at this polling location here we're told on a typical primary in the mid-terms they get about 300 or so people voting here. they're already about 500 and there's still some time to go here, holly. >> appreciate it. next up here on the show, missing in syria. an nbc news exclusive you'll only see here with the parents of freelance journalist austin

who was first detained if you can believe it ten years ago now. their message coming up after the break. >> we have faith he's going to come home but that it's going to take some action. t that it's goo take some action my little family is me, aria, and jade. just the three of us girls. i never thought twice about feeding her kibble. but about two years ago, i realized she was overweight. she was always out of breath. that's when i decided to introduce the farmer's dog to her diet. it's just so fresh that she literally gets bubbles in her mouth. now she's a lot more active she's able to join us on our adventures. and we're all able to do things as a family. ♪♪ get started at longlivedogs.com ♪♪ ♪♪ ♪♪

♪♪ ♪♪

this month marks ten years since a freelance journalist disappeared in syria since covering the civil war there. nbc's lester holt sat down with his parents with a plea from them for president biden. >> reporter: it's been a devastating decade for deb luand mark tice. ten long years without any word from their son who went missing in syria. mark and debra, i've been speaking to you for years and you've never, ever wavered on your belief austin is coming home. what sustains you? >> mostly my faith. >> reporter: the freelance journalist and marine veteran was detained at a checkpoint

near damascus in august 2012. the last time he was seen came a month later when this video was posted online. >> we have faith that austin is going to come home but that it's going to take some action. >> reporter: the tices have pushed for action with three u.s. administrations. >> i have anger with the united states government and frustration. >> reporter: in may they met with president biden and his team. >> the president gave a very specific directive. the president said meet with the syrians, listen to them, find out what they want and work with them. >> reporter: do you think there's any doubts within the administration that austin is alive? >> no, there is no doubt. >> reporter: they believe he's alive? >> yes. >> reporter: but three months later no progress, and tonight the tices have a message for president biden. >> i would like to tell him, mr.

president, you need to know that no action has been taken on your clear directive. >> very obvious step that needs to be taken is for somebody in the united states government to reach out directly to officials in the syrian government. >> and request the meeting. >> reporter: the tices want the u.s. to engage with syria like they are with the russians negotiating to bring home americans brittney griner and paul wheland, a strategy that worked to free another veteran, trevor reed. does the engagement with russia give you hope the administration may be able to focus on others including your son in a better way? >> for me it tells me that it's absolutely possible for our government to interact with the syrian government. >> reporter: tonight the tice family remains hopeful even as they celebrate another birthday without their son. austin will turn 40 next week. >> we have a kind of peace that

he's alive and waiting for us. >> nbc's lester holt with that exclusive reporting there. that does it for us for this hour of msnbc. nicole wallace and "deadline white house" pick up right now. hey there, everyone. it is 4:00 in new york. i'm elycea muden dez in for nicolle wallace. republican primaries today going to give us a big glimpse into where the gop is headed, whether the party will go all in on pro-trump extremists and conspiracy theorists. three of the ten republican members of congress who voted to impeach donald trump for inciting the january 6th insurrection facing primary challengers today including peter meyer of michigan who's the only freshman republican member to vote to impeach. as well as butler revealed that doru