coverage now. good morning. this morning, new reporting about the number of classified documents recovered by federal authorities at trump's home in mar-a-lago. plus, overseas, a dire security alert from the u.s. embassy in kyiv warning americans that russia may strike ukrainian civilian and government infrastructure in the next couple of days. and fresh off his trip to taiwan, this democratic congressman will give us his take on relations. plus, the new complaints from a twitter whistleblower. and in florida and new york, primary day. where a series of races will determine who runs this november.

we begin with new details we are learning about the fbi's search of mar-a-lago in florida. multiple people tell "the new york times" the government has recovered more than 300 documents with classified markings from trump since he left office. the people add that federal officials became alarmed at the national archives recovered over 150 classified documents from trump in january. the times reports trump was personally involved with the documents, going through the boxes himself in late 2021. nbc news has reached out to federal authorities and the trump team for comment. has not received a response as of this morning. this came hours after the former president filed a lawsuit challenging the search of his florida residence, requesting the appointment of an independent legal professional known as a special master to review the documents and for the justice department to stop its review. with us to start off this hour, nbc news justice and

intelligence correspondent enter, ken delanian. she is also an nbc legal analyst. what more did trump's lawsuit tell us about the search and what led up to it? >> good morning, jose. trump laid out a number of facts that paint a picture of an extensive effort by the justice department to try to get these documents back before they took the step of on taning a search warrant. the trump team acknowledges they got a subpoena in may and the head of the counterintelligence section went down to mar-a-lago with three agents, met with trump lawyers and trump himself and took a look at the storage room where some of these documents were stored, according to the trump lawsuit. then jay asked the trump team to put a lock on the door, which

they did, and the trump lawsuit also acknowledges that another grand jury subpoena was served on the folks in mar-a-lago for surveillance video of the property, which it's been reported that the doj then saw some troubling things on that video. so all together, in addition to the reporting that there were hundreds of classified documents found even before they got the search warrant really painted a picture of that the doj bent over backwards to try to get the documents back before they took the step of sending two dozen fbi agents to the property with a court order to go in and get the stuff, jose. >> so how does a special master differ from an fbi filter team that is already reviewing the documents? >> the principle is the same. an independent of sort of eyes looking at the documents. the difference is that the special master would report to the judge and would be independent of the justice

department. so just essentially add another layer of independence. but the justice department's position, they haven't filed in this case yet, but this is exactly what we're doing. we have an independent filter team going through the documents. we've given donald trump back his passports, which were not relevant to the investigation. if the judge decides to take the extra step of appointing a special master, it's not unprecedented. there was one in the michael cohen case when the fbi raided his home and office and took a bunch of documents from him. so if that's what the judge decides to do, the justice department will live with it. it may delay things. they've already gone through reams and reams of documents. it's been two weeks since is search so it's unclear what is left to go and what impact it would have if they appoint a special master. >> barbara, the information reported by the times is pretty detailed. it's pretty clear some of it had to come from people in government.

how do you think this information would be released and why would it be released? >> yeah, i'm not sure what the source is, but we are learning about, for example, the fact there were 300 documents about concerns that the surveillance video showed people coming and going and removing documents from the room. so difficult to know where it comes from. i will suggest this though. people always assume these kinds of leaks come from within the government. as a prosecutor, i often found they were actually coming from lawyers for the witnesses. so if there are witnesses who are sharing this information, people who are employees at mar-a-lago or otherwise, they would be people familiar with the investigation because there's really not much interest in the government tipping its own hand. other information is also coming from a letter that was posted by john solomon who has been designated by donald trump as his designee in dealing with the negotiations. he posted a lengthy letter from the national archives going

through the history of donald trump's improper retention, debunking his claim of executive privilege and really showing i think how only not only is the government accused of overreach, if they've done anything wrong, they've treated him with such kid gloves when they should have taken them months ago. >> although this information, these 300 plus important, sensitive documents, that number would maybe provide the fbi with justification to seek a search warrant, right, barbara? >> yes, it appears that the kro noll ji is that first they asked. it wasn't until january of 2022 that the archives retrieved 15 boxes of documents then learned there was still stuff michigan missing. and they gave them only one

envelope of documents then now they find out there's 26 more boxes. so finally, it's not until august of this year that they get the search warrant. it really was a last resort. after all kinds of efforts to obtain voluntary compliance they realized it wasn't coming. these are sensitive documents. every minute they're out there creates a national security problem for the united states. the risk of exposing sources around the world who are gathering information for our intelligence services. exposing methods and they need to not only get ahold of these, but do a damage assessment and see the documents before they can do that. >> and kent, do you think trump's lawsuit potentially actually gives the justice department an opening to address some of the lingering questions about the search? >> it does, jose, but within the boundaries that they have to be careful. there's a lot of sensitive information they're still trying to protect. but i would add to barbara's point about this letter which we are trying to authenticate here

at nbc news but there's no reason to dispute it, the letter says that the documents they found in january included top secret, sensitive department information, special access programs. so the most sensitive documents in the u.s. government. we're talking about january. so it wasn't as barbara pointed out, until august that the justice department went to the extra step of getting the search warrant and doing the search. so there was a long time that they knew some very sensitive documents had been found at mar-a-lago, jose. >> and barbara, one of the things that stuck out from trump's lawsuit is a message a trump attorney had for high ranking justice department official in a call days after the search. quote, president trump wants the attorney general to know he has been hearing from people all over the country about the rad. if there was one word to describe their mood, it is angry. the heat is building building u whatever i can do to bring the pressure down, just let us know.

if you were working barbara in the justice department and got that message, what would you make of it? >> i would see it as a veiled threat. if you take action against me, there could be civil unrest. once we start negotiating with terrorists, we're in deep trouble. so that would strike me as a very improper statement. it is not i want to resolve this, i want to help. it is beware. there are people out there who want to engage in violence if you want to act against me. i think it's incredibly inappropriate and i think it is a veiled threat that gives trump plausible deniability to say what, i was just trying to help, trying to alert him. it's really troubling he was taking that shot. >> yeah, it's kind of two different statements, right? like hey, the heat is increasing, things are not looking good, but if there's anything i can do to take that heat down, just let us know. it's kind of two different statements there, right,

barbara? >> it is. and you know, what i can do to take the heat down, you can stop engaging in all of the rhetoric that is stirring it up. so it's a very strange message and i'm sure it was done as a warning. it looks like it's very innocuous but suggests if you go to war with me, i've got an army out there that is going to rise up. so just beware of what you're doing. think twice about how you treat another citizen. >> thank you so much for being with us this morning. now turning to a story that had more than 14 million people under flood watch. at least one person is dead after days of rainfall that broke records in texas. turning roads to rivers, stopping airport travel and knocking out power for tens of thousands. it's the most rain the city of dallas has seen in nearly 90 years. today, storms expected to shift east. direction in louisiana and

mississippi. sam brock is reporting live from austin, texas. good morning. what's the latest there? >> reporter: jose, good morning. austin got whalloped, not quite on the scale of dallas which saul 15.3 inches in a 24-hour period. out west, now in the south. historic drought followed by historic rainfall. flash floods prompting rescues and in this case, claiming a life. texans wading through waist high water with hundreds of rescues. a stark contrast to the blistering heat and devastating drought punishing the state for months. overnight, eastern texas and louisiana slammed with more heavy rain and flash floods. those same thunderstorms drenching the dallas-fort worth area just 24 hours earlier, dropping more than 14 inches of rain. more precipitation the area has seen in the previous eight

months. the deluge in dallas also claiming a life. a 60-year-old woman on the phone with family when her car was swept away. she was found hours later once the water receded. abandoned cars almost completely submerged. first responders racing to reach them. >> i had to kick the door open just to get out. >> reporter: one woman from dallas saying the water was creeping up around her apartment. >> it's really bad, it's really bad. it's past my balcony. i don't know what to do! >> reporter: the region still haunted by this scary scene. people struggling to survive as water inundated interstate 30. while in austin, local businesses and motorists coming face-to-face with flooding and dangerous commutes. the rain also throwing a wrench into travel plans. delaying more than half of all departures after dfw. it's a painful by-product of a

critical rainfall, breaking a 67-long day streak with no rain. but some getting more than they bargained for. you can see what the water did inside this home. flood waters soaking homes and rearranging furniture. >> it looked like a roaring, rapid fire. i never experienced that before. >> reporter: a new normal. the result of climate change. eastern kentucky, southeast illinois, death valley, now the dallas area now drenched by thousand year floods. the shoal creek may not look like much, but 12 hours ago, it got up to the middle of the railing at the restaurant next to it. closing businesses and flooding the nearby roads. we saw between 2 to 3 inches of rain per hour. a 70-year record. also in dallas, smashed this

time around. jose? >> sam brock in austin. thank you so very much. still ahead -- thousands of educators walking out of the classroom, hitting the picket lines today. why these teachers say they've hit their breaking point. but first, contentious primaries in new york and florida and what happens tonight could determine whether there's a red or blue wave in the fall. wave in the fall riders! let your queries be known. yeah, hi. instead of letting passengers wrap their arms around us, could we put little handles on our jackets? -denied. -can you imagine? i want a new nickname. can you guys start calling me snake? no, bryan. -denied. -how about we all get quotes to see if we can save with america's number one motorcycle insurer? approved. cool! hey, if bryan's not gonna be snake, can i be snake? -all: no. they said it couldn't be done.

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18 past the hour. happening now, voters in two of the most populated states in the country are headed to the polls in a series of critical races that will shift the november midterms. now just 76 days away. joining us now with the latest, nbc shaquille brewster from florida. sahil from new york city. susan page, washington bureau

chief for "usa today" also with us. former republican congressman from florida, carlos. an msnbc political analyst. by the end of today, at least, what are these big names, maloney or nadler, will be leaving congress. what can we expect today? >> reporter: that's right. i'm in the upper west side neighborhood of congressman jerry nadler. he's an institution in the house of representatives that has represented this area of new york for many decades now. he is fighting against carolyn maloney whose upper east side district was blended with his. she is the chair of the oversight committee in the house of representatives. only one of these two members of congress are going to advance to the general election. this is a deep blue area. a de facto general election because the democrat who wins here is all but certain to win the general election. the two of them also face a challenge from 38-year-old attorney, surage patel.

1990s democrat, the limited polling shows nadler with an edge, but it's limited and we'll find out later in the hours today who is going to move on to the general election. it's not the only primary in manhattan. that's one in lower manhattan where mondaire jones is trying to hold on facing a serious challenge. he has gotten the back handed endorsement from donald trump in that race, something that he has rejected. called it an attempt by the former president to manipulate the results and keep goldman out of congress. >> and shaquille, meanwhile you've been closely following the race between two democrats to take on republican governor of florida, ron desantis. >> reporter: that's exactly right, jose. just this morning, we saw charlie crist, representative here in florida. we saw him cast his ballot and

when he was speaking to reporters after he put in that ballot for himself, obviously, he framed this election in the same way we've seen both candidates frame this. both me and nikki fried. he said it's about selecting the strongest candidate to go up and take on ron desantis in november. and talking to voters, democratic voters coming to this polling location behind me, they've been saying the same thing. this is why they've been taking the race so seriously. they see ron desantis as a formidable contender. listen to a conversation i had with a couple i met this morning. they voted for different people, but they did so for different reasons. listen to the reasoning. >> i was remembering charlie crist, okay, he was okay. i know him. so i said you know, that's where i'm going again. >> so you went with crist because he's familiar to you. >> right. >> i just don't think crist was that person.

since the democratic said fried, i went along with that. >> reporter: now there's also a democratic primary to see who will go up against senator marco rubio based on the polling there, it appears as if val demings is likely to face that. easy for her in the primary, but tough in november, jose. >> i want to go back to sahil in new york. you have a congressman with you? >> reporter: that's right. i'm here with jerry nadler, representative of this area who just walked into this polling place. his polling place behind me, and cast a ballot. thank you so much for joining us. what is your message to voters in this area? >> they should get out and vote and we had a whole campaign telling them why they should vote for me and that i'm the more principled progressive. that i cast a hard vote. i'm popular votes at the time

that have proven right. i voted yes to war in iraq, voted yes to patriot act, for the iran deal. i did what was right and time has proven that i was right. >> reporter: if you are elected to another term, what do you hope to achieve and will you seek to remain the top democratic in the judiciary? >> absolutely. i don't think there's much question that that will happen. and what i want to achieve is i mean, i believe this country is a democratic system with a small d. we're in a pivotal position on the judiciary committee to defend that, to defend against that threat through voting rights legislation and administration and also, we have other threats we have to face. i want to pass in the house hopefully we'll have two more democratic senators who are able to pass through congress. the respect to marriage act.

to guarantee the right of gay marriage. the women's health act to guarantee to codify roe v. wade essentially. if we get two more democratic senators, we'll be able to do it. >> reporter: thank you so much for your time. jose, back to you. >> thank you so very much. i want to go back to the state of florida we were just talking about with shaq. susan, as this data provides to the tampa bay times shows, val demings is outspending rubio by a two to one ratio on advertisings before the primaries even finish. what's your take away from that? >> senator rubio you have to assume starts out with an advantage, but demings is running an incredible race in terms of raising money and polls. she has benefitted as have other democratic senate candidates with a little bit of a surge in

the last couple of weeks. you know, i get fund raising appeals from all sorts of candidates and parties and i got one from marco rubio saying i'm behind in the polls, you have to contribute to me. it's not one of the races we expect to be among the closest, but who knows in this kind of election climate, jose. >> carlos, what are republican senators watching for in these races? >> jose, the biggest concern among republicans right now is the shift in momentum we have seen in recent weeks. really since the overturning of roe versus wade. there's a sense, and you can see it in the polls, too, so it's not just a sense. there's this idea that democrats are gaining ground. looked like they were going to get obliterated this election cycle and now, you heard mitch mcconnell himself say a few days ago that perhaps democrats can maintain control of the senate. in the house, it's going to be

much harder. there's also a special election in new york for a house district that could be an indicator of who has momentum going into these midterms, but without a doubt, there has been a shift recently and that's why candidates like marco rubio, who are believed to be favorites, are taking their races very seriously. >> susan, this recent nbc news polling showing concerns about democracy is the biggest issue for voters. increasingly more pessimistic. what message do you think candidates need to bring to voters in key races like florida? >> you know, i think the lesson of politics is that you need to focus on the issues that matter that voters don't like. it usually determines who they support. a candidate needs to be focused on inflation and dealing with that. also with access to abortion, the congressman is exactly right that this has been a big shift in terms of energy and

engagement in the midterm elections. the supreme court decision overturning roe v. wade. isn't it fun, jose, to take a moment and have an actual election day where voters will go to the polls and where you can stand on a street corner in new york and the chairman of a big house committee will come by and chat with you on the sidewalk? isn't that great? >> it is. it's the wonderful aspects of american democracy, right, that everybody has to go to the voters and ask for their support to continue. carlos, what are you watching in the state of florida? especially in the governor's race? >> so this primary today is interesting for democrats, jose. you have charlie crist, which we could classify as a vanilla, traditional candidate. he went out there, got his endorsements, raised his money. squaring off against nikki fried. someone who's really tried to capture this energy that democrats have been sensing

since the supreme court ruling on abortion. nikki fried aggressively attacking charlie crist, trying to say she's the candidate that can excite the democratic base and achieve the democratic levels of turnout that would be necessary to defeat ron desantis. a different style by crist making the case that he is the candidate that can build a coalition, that can attract independent voters and republican voters. so today's result, tonight's result will also give us a sense of where the democratic electorate in the state of florida is, which approach they prefer. a base-driven approach or a coalition-driven approach. >> carlos, susan, sahel, thank you. tonight, steve kornacki will be at the big board to break down live results. beginning at 7:00 p.m. eastern, 4:00 pacific. up next, a security alert from the u.s. embassy in kyiv.

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this morning, a memorial service in moscow for the daughter of a russian nationalist who was killed in a bombing on saturday. russia's federal security service is blaming a ukrainian woman for the bombing, alleging the woman is part of a ukrainian army unit. something that ukraine has denied. meanwhile, the u.s. embassy in kyiv issued a security alert this morning warning americans that russia is stepping up its efforts to carry out strikes on ukrainian civilian and government infrastructure in the next couple of days. megan, what is the latest on the ground there? >> reporter: jose, i can tell you, that warning from the state department along with the embassy here in kyiv is very urgent and very clear. they are telling americans that are in ukraine to get out immediately because of this intelligence that the u.s. has that suggests that russia is preparing a large scale attack here in ukraine.

this of course is consistent with what we're hearing from ukrainian officials. the president also warning people here that a nasty attack, he says, could be imminent. could be coming in the coming days as the country prepares to celebrate, loosely, the independence day which is tomorrow which coincides with the six month anniversary of this war. now we've been speaking with folks here in kyiv and a lot of people are fearful an attack will come. we know they're focusing likely on hitting targets like government buildings as well as civilian infrastructure. so some people we spoke with said they are leaving the capital city of kyiv. meanwhile, government officials here are telling people to work remotely. they are saying to pay attention to those air raid sirens when they go off. and they've banned mass gatherings here in the capital city. you look at what's happening in kharkiv where people are being told to stay inside until thursday morning, jose.

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enforcement? >> well, i went down to racketville, which is about 30 minutes from the border. it's not right on the border. and they themselves said they were being stopped and it wasn't so much that they were being stopped, but that the way they were being stopped. that they were being questioned. they were asked about what, who their passengers are and their passengers were asked to show id, which is not required under law in texas. they were being asked where they're going, why they're going there. just questioned in a way that they themselves were being treated as suspects. asked if it was okay to search their car even before they were asked, having their car looked into, et cetera. everybody gets stopped on, if they have violations and some of them said i found out there was a sticker, inspection sticker problem or whatever, but often, they feel like there is sort of a pretense for stopping them. one woman i spoke to said she had sort of moved over for a

speeding truck that was coming up behind her and got stopped for what the officer said was weaving in her lane. and then asked all of these questions. so there are people who lived around there for ages and they're just seeing this sort of inundation of law enforcement and they're sort of getting caught in that law enforcement whip. >> you know, interesting. your article, you lay out disparities in the way latino communities are being treated under these policies. for example, in 2021, trooper counts increased 55% in latino majority counties and declined 7% this white majority counties. what's going on? >> well, right. one thing that's very important to point out is that this is an operation concentrated on the border and you have a lot of latino counties on the border, but you have some that are also participating in this operation and getting about $4 billion

being spent on this operation by governor greg abbott and they're not seeing as many citations. you also know that there's all kinds of people on the road at any point in time. there are state highways that run through these areas, back roads. yet you're seeing this law enforcement ticketing going on mostly with latinos and it sort of matches up with a separate study done by charleston state university statewide that shows hispanics are stopped 1.24% more times than white people on texas roadways and they are, and this is not part of operation lone star, this is in general. and they are searched more but they are found to have less contraband than white people. so it's a very important issue of racial profiling that is believed to be going on there, jose. >> and you also write about being who welcome the increased

trooper presence. >> sure. one thing you have to understand about these areas is these are folks that are already accustomed to living under some kind of law enforcement. the border patrol is there. they have check points about you know, 100 miles or so from the border that they have to go through and declare that they are american citizens. so there's already something of an acceptance of having to subject yourself to a little bit more query. that sort of thing. but there are ranchers on the border there that are seeing damage. they testified under oath in a hearing held there that they're getting all kinds of damage to their fences. that people who are crossing their property. that thefts are happening. some have felt unsafe. and so they are happy to see the dps presence, but they want the dps more geared toward stopping some of the immigration that people who are crossing the border, people slipping in through the border, the

smugglers who are picking up people or putting them in stash houses. what was interesting about this hearing is that in, at least two or three hours of it, there was absolutely no discussion of the stops that were being made, jose. >> thank you so much. good seeing you. now to another tragic death at the u.s. border. a 5-year-old little girl from guatemala drowned yesterday near el paso. she drowned as she and her mother were trying to cross. there you see the little girl. the mother was rescued and was in agony after losing her daughter. the u.n. says this year alone, 2022, at least 743 people crossing the border have gone missing or have died. a reality that is happening all too frequently every single day. up next, more u.s. officials are in taiwan risking rising

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taiwan's president during his visit. it comes one week after a congressional delegation led by ed markey visited taiwan just after the trip by nancy pelosi earlier this month that prompted china to launch drills in the waters around taiwan. with us now is california congressman, john garamendi, who was one of the lawmakers on that trip with senator markey. also a member of the house armed services committee. congressman, always a pleasure to see you. what do you and your colleagues take away from your visit to taiwan? >> a population of 20 million people that are determined to

have a democracy and to not have that crushed by china as had happened in hong kong. one country, two systems until beijing said no, there's only going to be one system. the taiwanese are prepared to defend themselves,democracy. >> the chinese weren't exactly thrilled when you visited taiwan. clearly they were not happy with nancy pelosi's visit, continuing drills. what do you think china is trying to accomplish, and is there a real danger that china may actually invade taiwan? >> certainly china is trying to establish a new normal in which the taiwanese people are further constricted economically as well as diplomatically. the united states has been very clear since 19 -- over the last 43 years that, yes, taiwan is part of china, but it has its own right to determine what its

future is going to be. that's what our trip was all about, to make it clear we're supporting the taiwanese. they asked for additional military equipment and we should supply that. yes, china is going to continue to press the issue, as they have for the last four decades, but along the way the united states has stood firmly with taiwanese making up their own mind about what their future is going to be, and we should continue to do that. >> congressman, in other news, twitter's former head of security has filed a whistle-blower complaint with the federal government accusing the company of a number of serious security flaws and oversights including members of the company's board of directors misled the public and government agencies about the company's security. this was first published by "the washington post" and cnn. nbc news reached out for comment. what do you make of this news? >> well, i'm concerned about the entire tech industry.

clearly they have their profits in mind, not my privacy, not yours, not anybody else's privacy. we need to have a strong federal law that requires these companies to secure our personal information. twitter has been one example. all the other are similarly placed. in fact, right now there's a major controversy going on in congress about a weak congressional bill that would remove the power of the state of california to enforce privacy on these companies. i want my information held private, and i'm sure you do, too, and everyone in america and throughout the world. our particular personal information should not be made available. so, yeah, twitter has got a problem. so do the other companies. >> congressman john garamendi, always a pleasure to see you. thank you for your time this morning. >> thank you, jose. up next, why teachers in ohio's largest school district are threatening to skip the

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56 past the hour. now to some headlines we're following out west in uvalde, texas. a new class action lawsuit an nunsed for $27 billion on behalf of the families affected by the robb elementary mass shooting. the lawsuit against law enforcement agencies and the

manufacturer of the gun used in the massacre. in california, governor gavin newsom vetoed a bill to allow supervised drug injection sites to help with overdose deaths. authorities believe the body found in a car in california reservoir is more than likely missing teen kelly rodney. the car was found in the water. she was last seen after attending a party on the campground. as children return to school across the country, a new nbc news poll found that just 25% of registered american voters raising kids say they're confident in their public school staffing levels. in ohio's largest school district, teachers are on day two of a strike, their first one in 47 years. classes were supposed to begin tomorrow. joining us from chicago, nbc news correspondent maggie vespa.

maggie, why are these teachers on strike? >> reporter: they'll say their reasons are simple. they want smaller class sizes, especially mandatory air conditioning which a lot of the older schools lack. they also say they want higher pay. the last point won't shock anyone. the school board president saying school teachers are notoriously underpaid but in columbus the district has offered teachers everything they can without calling for higher taxes on residents. take a listen. >> the issues here in columbus, while are coming through as contractor, are really more about systemic problems in public education. in light of all we've been through the past year, people are frustrated and the board is frustrated, too. >> we're in this for you, columbus. this strike is an investment in the future of our city, and we

will continue to fighting until we have safe, properly marin tand and fully resourced schools in every neighborhood. we need to get them to the table so we can get this done. we want to be in the classroom with our students. >> reporter: after five months of negotiating, this is the second day of that teacher strike. one parent said she hasn't had the heart yet to tell her first grader he might have to start the school year remotely adding, after the last couple chaotic years, it's just another logon the fire. jose. >> maggie vespa, thank you so much. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on twitter and instagram@jd balart. thank you for the privilege of your time.

good to be with you. i'm katy tur. there might have been a lot there. new reporting from "the new york times" details the volume and sensitive of the records donald trump took with him when he left office and why officials are so concerned about what might still be at mar-a-lago. the times report spoke with multiple people briefed on the matter who says in total the government recovered more than 300 documents with classified markings. the first batch returned in january, a second provided by trump's aides to the justice department in june and a third seized by the fbi in the search of mar-a-lago. the paper reports according to multiple people briefed on his efforts, donald trump himself went through the first batch. 15 boxes before turning them over. within those 15 boxes, 150 sensitive documents were found sparking concern at the