justify that search. the judge said in a written order a short time ago that he asked the justice department to provide proposed redactions to see whether there is anything he can release or if the proposed redactions could render the document meaningless. this is as a poll found 57% of voters say the investigations into former president donald trump should continue, 40% say they should stop. that poll, which comes 78 days before voters head to the polls for the midterm elections is also giving us a sense of how americans feel about the state of the country right now. the poll finds it nearly three quarters of voters say the country is headed in the wrong direction. this is the fifth straight poll that number has been above 70%. at the same time, a record 58% of americans say the country's best years are behind it. 61% say they are so upset

they're willing to carry a protest sign for a day. with us now to talk about this, mark, senior national political reporter for nbc news digital. nbc news washington correspondent and moderator of "washington week" on pbs who is a professor at the cardell school of law. we'll have more on the polling in a moment. mark, what else did the judge say in his order a short time ago? >> for me, what really stood out is this was mentioned in court on friday when i was there, but the judge specifically mentioned, i'm going to try to read it from the ruling that he said given the public notoriety and controversy about the search, it's unlikely that witnesses who aren't expressly named in the affidavit would be quickly and identified broadly over social media and other communications channels and that could lead to them being harassed and intimidated. the judges are putting a fine point, clear exclamation point on an argument the governor

raised which is look, people can really be harassed and intimidated here and mentioned in court, government's attorney the instances of the fbi agents whose identities were docked and right wing media online and also, the person who attacked the fbi office in cincinnati. so these are matters of grave concern to the government and the judge in issuing his ruling or his opinion about this matter in reference those and under line and under score as a matter of great importance. >> so mark, is this like a change of heart by the judge? it seems as though as you were saying last week, he was saying i'm inclined to release it or release as much as the government is willing to let me release. >> right. i had to say, like, from what i heard the judge say and from what i read here, it's not that different. i never expected the judge would release this sort of information and the judge never made it clear he planned to. there might be some things that look like sort of backing off but generally, his posture was

look, i understand there are sources and methods and information and identities of witnesses that could be disclosed and those shouldn't be disclosed but the public should be able to have some right for understanding more about this matter. he did mention in court that he -- he did mention in court, hey, look, what if all these redactions happen and it's a meaningless disclosure and then the judge had also said that's basically not the government's problem or his problem. that's the news media's problem. if they wind up or if we wind up with hugely or heavily redacted documents, then what we do with it is up to us. now, he does mention this as being a potential problem going forward so maybe that's a change of heart here, but the tone from the judge that i heard on friday and what this ruling says are very much in line. >> jessica, what do you make of what the judge is saying in this ordinary sner. >> i agree it doesn't seem to be that much of a change. perhaps it's a change of tone more than anything else and lowering of expectations.

the judge, my understanding, had always indicated he was not inclined to unseal the entirety of the affidavit and indicated previously he was very sensitive to the government's concerns about not only the on going investigation but the safety of witnesses and law enforcement agents and the need to protect national security information. so it sounds like perhaps he's just lowering expectations and also signaling that perhaps he's a little more sensitive to the argument that if the affidavit is released with such heavy redactions it's essentially meaningless, that perhaps that is not that helpful to understanding and that there could be negative repercussions in terms of perhaps feeding a narrative that something is being hidden from the public or just that it would be so frustrating. so we still have to wait and see what happens on thursday. the government still has to submit proposed redactions and the judge will make a final decision thereafter. i still think we need to wait and see. >> and then jessica, this order

comes as there are reports that trump and his lawyers are considering asking for a special master to look what the fbi sees during the search of mar-a-lago. what does that mean? >> somebody appointed by the court with input from both the parties who it should be and usually there is a list of candidates assembled by the parties and assembled to the court, somebody learning in the law and familiar with discovery and also with the particular issues presented here, which would be claims of executive privilege and attorney client privilege and that person would essentially review the documents that were taken from mar-a-lago for anything that should not be viewed by the fb i-team and the prosecutors who might ultimately be involved in a criminal prosecution. so the judge, if such a motion is made, will consider it. it's a little bit bizarre in this circumstance because the search happened awhile now so presumably, the fbi has been

going through it. the doj says they have a team in place, a filter team to do the review that a special master would be doing. so it remains to be seen if the application will be made for a special master and whether the judge determines it's worthwhile in this circumstance given the delay, as well as anything else. >> this new nbc news poll found that threats to democracy are the top concern of voters ahead of the cost of living, the height of the economy, which had been at the top of the list in other polling. what do you think caused these issues to flip? >> well, jose, it is such a striking thing that this new nbc poll is telling us, which is that the american public is really taking issue with all of the different threats to our democracy when you think what happened on january 6th and think about the different ways we're seeing election deniers be elected in different elections around the country including in places like pennsylvania and in high level positions like secretary of state there are people winning primaries.

it tells us the american public is looking at this and they're worried and that is really important because cost of living, someone's very survival, their ability to provide for their family, that usually you would think would be the number one thing but when you have threats to democracy surpassing that, it really tells you that the american public is very, very concerned about sort of whether or not our great experiment, which is american democracy, whether or not that will continue to exist. we've seen so many threats to democracy in the last year starting with january 6th and on, we had a new phase where this conspiracy theory of the election being stolen and false claims by former president trump, that the election was stolen from him, that they are really not just sort of the rants of a fringed man but instead, the republican party embraced in a lot of ways these lies. i think it's very, very striking and also striking you see in this poll democrats are having a lot of enthusiasm ahead of these midterms and that is something that is very, very interesting to watch and something very important to watch because

historically, it's the party in power that has not had that much enthusiasm but after the decision overturning roe v. wade which also a lot of people i talked to really goes to the idea of democracy and personal freedom. there are a lot of democratic orders in particular very worried that the freedoms that we have all really enjoyed in this country, that they're all under attack. >> yeah, and interestingly, that goes in maybe with 74% of americans say the country is going in the wrong direction. nearly 60% of voters say america's best years are behind it. nearly 60%. why are people so unhappy these days? >> jose, it's a great question and i've been out on the campaign trail. i'm in alabama just today doing stories about sort of redistricting and the political atmosphere in this state but what you see really is on the democratic side, people that are very, very worried about the direction of this country, they're very worried about former president trump coming

back into power or former president trump or another republican stealing the election in 2022 or 2024 because we seen so many election deniers be elected. so a lot of democrats on the democratic side are worried about abortion and abortion rights and on the republican side, i'm also hearing from people especially some that are unfortunately believing conspiracy theories and lies about the election of 2020, they're worried the country is going in the wrong direction because they're seeing too many people say that the election was free and fair, which of course, it was. you're also hearing a lot of anxiety based on my reporting about inflation and about gas prices because you have a lot of republicans running around the state, around the country also that are really saying this is going to be an economic situation that we're not going to recover from and that president biden is leading the country off of a cliff here. so on both sides in both political parties, you're seeing a lot of anxiety and add to that we're living in the middle of a pandemic. more than a million americans died and while we always do

stories about different political implications and political developments, i think a lot of people are feeling very scared about their personal lives and scared about the future and sort of their ability to survive and thrive in this country. >> yeah, and mark, despite all this, biden's approval rating is about 42% even with that the congressional ballot is close. republicans hold a slight lead. when you see the numbers, mark, what do you see? >> well, i see president biden is less popular than the generic democrat or when you look at the various states and the polling in the senate races, he's less popular than, say, john fedderman in pennsylvania or mark kelly in arizona. joe biden has a joe biden problem here that even as things appear to improve as he's notching winds in washington as the price of gas goes down, his approval rating remains pretty bad. now, maybe given a little more

time, we'll see what happens but he's been in the cellar for quite sometime and our poll shows that since may, the last time we took a survey, you haven't seen much improvement in joe biden's numbers even though you started to see marginal improvement in economic numbers and in the various data points. that having been said, the gloomy mood of the country, totally right will weigh on any party in power. after all, this are a lot of people that feel that the american dream is out of reach. there are people in addition to struggling with college debt, young people can't afford houses. real wages relative to inflation are not keeping pace. so this is going to make for a very gloomy country and that is what we're seeing. >> thank you-all so very much for being with us this morning. now to torrential rains and massive flooding across the southwest as millions of people are under flash alerts. in dallas, take a look at this,

dramatic rescues overnight from an interstate after floods left people's cars under water. this shows rescue teams pulling passengers to safety. look at that. i mean more than waist, chest deep water. and police are looking for a hiker after flash flooding swept people off their feet, the family telling our affiliate they believe this video shows her and another man trying to stay above the raging waters. in new mexico, rapid rainfall washed out a road leading to charles bad trapping some 200 visitors for more than nine hours. the roads impassible. joining us is senior national correspondent jay gray in dallas this morning. jay, good morning. what's the situation like for you and much of the rest of the country? >> reporter: struggling right now to be honest, jose. i'll pull back the curtain a little bit. we pulled over on the side of the tollway in dallas because we

can't get into some of these areas there is too much water. the video we have i'll show you more accurately what is unfolding here and let's take a look at that. there are rescues going on for several hours in the dallas-fort worth area. the rain has been falling for the better part of 24 hours right now in north texas, much-needed rain but too much rain at this point and way too fast. we've seen water moving into houses in some areas already, many roadways just flooded and impassible at this point. the rush hour turned into rush hours with people some having to abandon their cars because there is too much water and you don't want to drive-through any standing water at this point. we know that the flight situation at dfw airport and love field here in dallas is bad. they continue to have ground

stops. more than 400 flights at dfw alone have been cancelled today because of this rain and unfortunately, forecasters aren't going to give us a break any time soon. they say will it continue to rain and in many areas, very heavy rain for the next several hours. flood warnings in effect across this area right now and they have been stretched to last into the afternoon here. the water continues to build. it should move on. this system should move on at some point this afternoon continue to move to the south but it's just going to cause more problems there. jose, this is a part that desperately needed rain. they say here in texas, the way to cure a drought is with a flood. we're seeing that now. >> jay, 400 flights cancelled just in dallas alone is going to have a major ripple effect through transportation flights throughout our country. >> reporter: yeah, no question

about that. this is a major hub, american airlines based here at dfw and southwest airlines based at love field. so all of the connecting flights, everything that goes with that, you're right is going to be a serious issue here for quite sometime. and look, the problem is going to continue for those on the ground, as well. as this water continues to build it's got nowhere to go. the creeks and other tribute tarries are flooding. several more hours of heavy rain on the way. >> jay gray in dallas, thank you so very much. still ahead, the new york city mayor's office calling it the largest single day arrival of migrants from texas. we'll talk to a new york city official about how the city is handling the influx of people. plus, a disturbing arrest caught on tape. the latest on the investigation, next. you're watching "jose diaz balart reports." reports." can d.

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19 past the hour, three law enforcement officers in arkansas are suspended and state police are investigating them for use of force after a disturbing video of the arrest of a man. we should note that we do not know what occurred immediately before the video was recorded, nbc is following this story. guad, the video is just horrendous. >> exactly, jose. as you say, it is disturbing so before we show the video, we have to warn viewers these are strong images before you watch this. so what we know, jose, this happened yesterday morning, sunday morning in arkansas. you can see three officers in the images. this is mulberry, arkansas. you can see they are kicking, they are using arms to hold down a suspect. now, the official report from

authorities is that all three officers, jose, have been suspended. state authorities are conducting an investigation. two belong to the crawford sheriff county's office and one is a local police officer all three suspended. now, of the suspect, jose, we know it's 27-year-old randall ray. he's facing seven different charges among these are battery, assault and even a terrorist threat in the first-degree. the suspect was taken to a local hospital. he was looked at and sent to a local jail while this investigation continues. these are images we found from social media of that suspect. 27-year-old randall ray. as authorities, jose, continue investigating what we see in this video. >> i'll tell you, whatever this person may or may not have done, the question there is three officers and guad, as you said, we saw some are kicking the guy. some are, you know, literally

fisting his head and then it looks like a few times they're actually like slamming his head against the concrete. i mean, this is some really disturbing stuff. >> well, jose, after these images went viral, so what first happened is this was uploaded to social media and the images go viral. you can expect there was outrage immediately after authorities are on suspension and the local mayor, gary baxter shares a statement online saying he was shocked and sickened by these images as you can imagine, jose. authorities were quick to respect to announce a suspension and the state beginning this investigation. there is local reports from our local affiliate, jose, indicating the man might have made a threat to an employee of a convenience store initially before what we saw on these images, which would have been the reason why the police came by to speak to the man but of course, we don't have images of what happened before this. >> thank you so much. great reports. coming up, new fears of

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26 past the hour this morning. russia is pointing fingers at ukraine blaming a ukraiian sit citizen for a high-profile killing. the daughter of an influential russia nationalist was killed in a car explosion not far from the kremlin on saturday. officials deny responsibility for the attack. nbc news cannot confirm the accusations. joining us is megan fitzgerald in kyiv and berry is an msnbc military analyst. what do we know about this explosion near moscow? >> reporter: well, jose, according to investigators, they tell us she was leaving a cultural festival on saturday evening. she was driving an suv heading back to moscow before she made

it, that's when her vehicle exploded. now, russian authorities are saying that there was a bomb that was strapped to the driver's side of her vehicle that went off. and according to a russian state media, they are citing witnesses saying moments before she got inside the suv, her father alexander dugan was supported to get in but decided to go into another vehicle. there are reports he was the intended target. as mentioned, russia has come out and blamed ukraine saying they orchestrated this attack within the last couple minutes, we heard from the government of ukraine here saying they did not once again, denying they are involved in the attack and saying russia lives in a fictional world. the big concern now is there could be some sort of retaliation, jose. >> yeah, general, i'm wondering how this could change the dynamic of the war. i mean, it is unusual for a bombing to occur near the

russian capital and especially, this guy who is very close or certainly an intellectual ally of putin. do you think this is going to have any repercussions there? >> well, jose, it's hard to follow the bouncing ball on this one. clearly, someone was targeting with a very sophisticated assassination attempt on one of putin's intellectual allies. it seems impossible to believe it was ukrainians. makes no sense whatsoever. the question is this an interesting indication of factual rebellion starting to build up against putin and senior leadership team or not. more to follow. i think it also may represent on part of the russians, a growing desperation that the ukrainians are nowfectively fighting a deep battle using the rockets the united states provided and

also, special operations, partisan operations, assassinations, they've gone after the russian naval base in crimea for god sakes. they're blowing up massive air fields and ammunition dumps. the russians are in trouble i think. let's see what the pressure cooker is going to do to the moscow elites. >> that's so interesting, general, because you mentioned two things that seemingly could be opposites of one another but i'd like your thoughts on that because you're saying that it seems not very probable that this would be carried out by ukraine but the other side, you're talking about special operations ukrainians have and are carrying out in different parts of russian controlled ukraine. if it isn't the ukrainians, it says a lot about well, putin's strength inside russia. >> well, it may well -- you know, it's also the possibility

putin murdered his opponents inside the country at random. you know, they killed people two blocks from the kremlin so it's also possible this is a false flag operation in which the russians decided to nail this guy, blame it on ukrainians and use another pretext to escalate the violence against ukraine. and by the way, the russians primary target, ukraine now is turned out to be ukrainian civilian populations and their infrastructure. it's really a criminal attack going on throughout the ukraine. who knows what is going on inside but there are clearly increasing economic and political and military pressures on the russians that must have putin extremely concerned. >> yeah, interesting because, you know, this wednesday will mark six months of the beginning of the war as well as ukraine's

independence. on top of concerns about europe's largest nuclear plant in the country, ukraine is on heightened alert, right? more than usual this week, megan. >> reporter: oh, absolutely. as you're guest said, we seen the trajectory of this war shift and now we're seeing ukraine really taking that offensive posture over the last two weeks. we've seen multiple attacks in crimea. the concern here is that yes, we could see russia retaliate and as you mentioned, on wednesday, it's the independence day for ukraine and also the six-month anniversary of this war so we had a chance to speak with a member of parliament here in ukraine that didn't say they had specific intelligence to suggest a wide scale mack attack would be coming but they're not messing around or taking chances. they're telling people in the capital city of kyiv not to gather in mass gatherings in places like the east and telling

folks to stay indoors tonight into thursday morning because they just don't know, jose. >> and general, i'm just wondering your thoughts as we go into month six of the invasion. you know, the russian armed forces have been shown to be completely disastrous. how do you see this war going on and going forward, general? >> well, one hopes over time the russian military's capability is going to continue to crumble. their tremendous manpower shortage is no question. maybe 30,000 killed in action on part of the russian army. he's having trouble generating the manpower replacements. he's lost a lot of his first line equipment, maybe a third of it. he's lost a lot of his senior leadership, which may in some cases since they were incompetent may not be a bad thing. the naval force in the black sea

had to withdrawal to get out of range of anti ship missiles. the russian military is not doing very well. they still do have overwhelming advantage in the air. they're firing cruise missiles at ukrainian civilian targets from some cases inside belarus or inside russia itself. so ukraine still is in great peril. they're trying to force the issue. there is no way they'll ever regain capture of crimea in my view. that's a no go. but zelenskyy is trying to make them unsettled and probably contribute to the coming apart of the russian military offensive. >> general and regan fitzgerald, thank you for being with us. here is a look what else is happening beyond our borders. at least 21 killed and 100 injured after gunmen with the

islamic group al shabob stormed a building. two car bombs went off and the gunman entered the building and opened fire. not much left of the building. forces, somalia forces battled the terrorists for 30 hours ending when three attackers were shot dead. the united states embassy in cuba says the cuba regime has been cracking down two nights of protest this weekend. the government arrested and assaulted peaceful demonstrators who were protesting against repression and continuous blackouts. supporters of pakistan are blocking the road leading to his house trying to stop him from being arrested. police filed terrorism charges against him yesterday claiming he tried to intimidate police and a judge involved in the case of a former aide. former nbc star dennis rodman says he's going to russia to help free brittney griner.

that's what he told nbc news at a restaurant saturday night in washington d.c. rodman thinks of himself as an informal diplomat and says he knows putin quote too well. coming up, another big primary day tomorrow this time in new york and florida. up next, a look at who could take on republicans marco rubio and ron desantis. you're watching "jose diaz balart reports." reports." manne. (man) oh, no, no, after you. wahoooo! (vo) you can be well-groomed. or even well-spoken. (man) ooooooo. (vo) but there's just something about being well-adventured. (vo) adventure has a new look. discover more in the all-new subaru forester wilderness. love. it's what makes subaru, subaru. better skin from your body wash? discover more in the all-new try olay body washwilderness.

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generational change and in florida, voters will decide who will take on marco rubio and ron desantis in november. joining us is shaquille brewster live from miami. shaquille, oh my gosh, you're in front of versailles restaurant. go in, check it out. coffee. include the tres leches. fantastic. let's talk politics. what are we hearing from the candidates? >> reporter: jose, i'll tell you that's already been done. i had plenty of time this morning -- >> good. >> reporter: after we see nikki fried. they are framing this race around the incumbent governor ron desantis. he's a popular man with approval ratings in the 50s and built a national profile because of the anti lockdown covid policies and

$130 million in the bank ready to take on either of the democratic candidates that come out of the primary tomorrow. so you have both candidates saying they are the best to defeat ron desantis but distinguishing themselves from each other in different ways. listen to our conversations. >> i have been in those trenches for three and a half years as our only statewide elected democrat. democrats are looking for a winner. the only one able to win our state is a democrat. they're looking for a champion and fighter. >> i've been the governor. i've been the attorney general. fought for civil rights. i've been the collective commissioner of the education that fought for our teachers. that's the difference. electability and experience. i offer both and a good heart. that's what florida needs and deserves. >> reporter: jose, both candidates say that this is going to be extremely close and coming down to the wire. we know across the state, more than 2 million voters cast their ballot either by mail or in early voting and one thing that both candidates say is that abortion, that is going to have an impact not just on the

primary but what you see in the energy that you see around this election in november. >> and shaquille, abortion, are there other issues voters are going to the polls thinking about? >> reporter: yeah, when you look at polling, you see cost of living is definitely one of the top issues for voters, especially here in florida where you hear a lot of folks mention the cost of housing. that's something that continues to go up more than at a level i should say that out paces the rest of the country. you also have many of those cultural issues that we've seen florida be the center of. there are things like abortion but also don't say gay or parental rights bill that passed earlier this year. that is something that both candidates have been attacking heavily. so there are plenty of issues here in florida. we know this is a race that will likely be tight in november but both campaigns and candidates say it will be close for the primary tomorrow. >> shaquille brewster, i thank

you so much. good to see you. stay with us for the latest on the primaries, tomorrow steve kornacki will be at the big board to break down the live results. primary election night with msnbc tomorrow beginning at 7:00 p.m. eastern, 4:00 p.m. pacific. still ahead, it's a policy new york city's mayor calls horrific. the governor of texas sending thousands of migrants from the texas border to the northeast. up next, we'll talk to the city commissioner in charge of figuring out what to do with the migrants once they make it to new york city. you're watching "jose diaz balart reports." e diaz balart reports." she is fearless heart's on the line depend silhouette keeping leaks off her mind. comfortable in shapeware fabric she moves with ease. confident on nights like these. depend silhouette. the only thing stronger than us, is you.

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for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life. 48 past the hour. buses carrying 140 asylum seekers including children arrived in new york city yesterday in what officials are calling the largest single day arrival from texas. joining us now manuel castro, commissioner of new york city mayor's office of immigrant affairs. manuel, thank you for being with us this morning. how are these people doing? where are they staying? what are the resources they're having access to? >> well, first thank you, jose for having me on your show.

i am focused on making sure that asylum seekers feel welcome. they feel that new york city is here to support them. they have been through so much. i have a chance to speak with many of them as they arrive on these buses and gone through some incredible circumstances as you might know, many of them are coming from venezuela, have to cross jungles literally many borders to get here. there are many children and families that were making sure they feel supported, that they feel like a community is here to welcome them. we're increasing our shelter system so they have shelter, families are kept together. people are rallying around asylum seekers. we're figuring out how to best support them as they begin another journey here in new york. it's the biggest city in the country. there is a lot of support here but it's also difficult to settle in here. so everyone is mindful of that and we're working with everyone

from soup kitchens to churches that are providing clothing to non-profit organizations that are making sure they have legal services and the port authority operated by the state of new york has partnered with new york city toarrival, they get food, they get water, they get medical assistance. many of them, unfortunately, arrive with a lot of needs after having been put on these buses for three days. we need to make sure we're there for them. >> how does it work? they're just putting people in buses and sending them to new york? are there some nation involved? how does that work? >> yes, unfortunately, governor abbott is using this as a political stunt. you know, we've said this over and over. we're here to welcome asylum seekers. we welcome immigrants, hundreds of thousands of them every year in new york city, so this is

something that we do and we know how to do. but in this case, governor abbott has decided to use human beings for his political gains. unfortunately, he puts people in buses with very little water and food. often with medical conditions. so, upon arrival, we have to assist them, we have food, water, a nonprofit organization working with us to make sure we have shoes. many arrive without shoes. children come, not understanding what's going on. we provide toys, snacks for them. again, the medical issues we've seen range from -- everything from foot issues because they've had to travel by foot across many borders. like i said, they've crossed jungles and some of the most difficult terrains to get here. so, unfortunately, governor abbott is using this for his political re-election.

that's unfortunate. instead of making sure he's coordinating with other states, making sure that he is providing assistance. he's making the situation worse. there's -- he's hired a private security firm, a number of bus companies and has made them sign nondisclosure agreements so we don't have any information from them. he's trying make this as chaotic and disruptive as possible for cities seeking asylum seekers. >> i want to wrap it up. when you see those men, women and children coming off the bus, i think it's important that you yourself see in many of them maybe your own experience. you are following and you are succeeding in your american dream. >> yes. in fact, i crossed the u.s./mexico border with my mother when i was 5 years old. we came to new york city not

knowing what would be of us. now i serve as a commissioner in the city of new york. and, you know, frankly, this is why i'm so committed to welcoming people as they take stuff off the buses to make sure they feel welcome, especially those children that are arriving. we've seen children as young as a couple of months old, you know, toddlers. children that will never forget this experience and we want to make sure we're there for them. we also announced an initiative to welcome these children to our school system and make sure that they get the services that they'll need as they settle into new york city. >> i thank you so much for being with us this morning. i appreciate your time. >> thank you so much. up next, the idaho abortion ban is on the line. today a crucial day for what could happen to the lawsuit by the justice department against that abortion ban.

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57 past the hour. in just a couple of minutes a federal judge in idaho will be hearing arguments on a lawsuit filed by the justice department seeking to block the state's abortion ban because it conflicts with a federal law requiring doctors to provide pregnant women with medically

necessary treatments. earlier this month, the idaho supreme court said the law banning abortion after the sixth week of pregnancy could take effect this thursday. while legal challenges play out in court. nbc news justice correspondent ken dilanian joins us. what is the federal government hoping to accomplish with this lawsuit? >> good morning, jose. the justice department is asking the judge to declare the idaho law is unconstitutional because it conflicts with federal law. also to temporarily prevent it from going into effect on thursday while the judge decides this case. now, doj lawyers say that the conflict between idaho's abortion ban and federal emergency medical is clear from the plain language of the statute and testimony from local doctors that say idaho's law will prevent critical medical care for pregnant patients. the idaho law envisions the prosecution of any physician who performs any abortion even as a life-saving treatment.

a doctors group argues the life of the mother provision is too narrow to account for how quickly a pregnancy complication can turn deadly. if a pregnant woman suffers bleeding, doctors won't know when it's legal to safe her life. how many blood units do they have to lose? how fast does she have to be bleeding? the state responds that they disagree with this and they think -- also, jose, 17 red states, mostly in the south, the brief supporting idaho's position. they argue this is an overreach by the biden administration applying this doctrine to a law that governs grants rather than state law. they say this could redefine the relationship between states and the federal government, jose. >> ken, thank you so very much. that wraps up the hour for me. i'm jose diaz-balart. you can always reach me on twitter and instagram @jdbalart. thank you for the privilege of your time. more news right now.

good to be with you. i'm filling in at 11:00 a.m. do not hold your breath. we got news from the judge in south florida as he considers whether to release the mar-a-lago search warrant affidavit. in a new written order posted this morning, judge bruce reinhart says he is not likely to release anything in that document. he says the redactions may render the document, quote, meaningless jibberish. he'll see what the justice department does decide to redact on thursday. that is the deadline he imposed on the justice department last week. and as this plays out, our new nbc news polling shows that not only are the american public paying attention to the multitude of investigations into former president trump, that they support those investigations as well. a clear majority of voters, 57%, have told