. ♪♪ welcome back to "morning joe." it is the top of our fourth hour this morning, 9:00 a.m. at the white house, 6:00 a.m. as you wake up out west. mike barnicle and elise jordan with us for the hour. it is a busy one ahead, including the national archives revealing former president trump took more than 700 pages of classified documents with him when he left the white house. that is a court filing from trump's legal team may have undercut one of his key defenses. we'll explain. plus, twitter's former security chief turned whistleblower claims the company has misled the public about how it fights spam and hackers. andrew ross sorkin will be here to talk about what that could

mean for the social media giant. and we'll speak with the head of nasa, former senator bill nelson, as the agency prepares to return to the moon for the first time in 50 years. we begin with the elections in florida and new york last night. voters went to the polls to cost their votes for some well known democratic leaders, but it was a little watched house race in upstate new york that could give the clearest picture of what we could expect in november. >> reporter: in the last major round of primaries before the midterm elections, critical races in florida and new york offering clues ahead of november. >> what a night. >> reporter: in florida, charlie crist will get another shot at the governor's mansion. the former republican governor turned democratic congressman defeating state agriculture commissioner nikki freed. he will take on ron desantis, promising to put an end to desantis's 2024 presidential ambitions. >> this guy wants to be

president of the united states of america and everybody knows it. however, when we defeat him on november 8th, that show is over. >> reporter: but crist faces an uphill battle against desantis with florida voters shifting to the right since he was governor. congresswoman val demings won florida's democratic senate primary. she's hoping to unseat marco rubio in a race recent polls show is increasingly competitive. >> tonight is a good night. >> reporter: in new york a closely watched race with big implications for november, a special election in the hudson valley swing district. democrat pat ryan pulling off a surprise victory against republican marc molinaro, who focused on key republican issues, inflation and crime, while ryan campaigned on abortion rights, an issue that's been firing up key voters and could make democrats more competitive in the fall.

in new york, a bitter battle between two veteran democrats is over with congressman jerry nadler defeating congresswoman carolyn maloney after a redrawn district map forced the two committee chairs to fight for a single house seat. >> new yorkers get to choose who best represents the people and values of this city. you know what? i think the voters made themselves clear tonight. >> nbc's kristin welker reporting for us there. let's bring in nbc news national affairs analyst, host of the hell and high water pot cast, john heilemann. our viewers may wonder why we're spending so much time and attention on a special election in the hudson valley. what was the significance of a swing district that went obama, trump, biden in a pretty close race up there.

what did you see in those results with the democrat winning? >> i think the reason people were paying so much attention to it, in a night of primaries you had one special election, so therefore a general election with republicans against democrats. so the last big special election before we head to the fall. so people are very curious about one thing, which is, this question of whether, as democrats have been claiming for the last couple months, the momentum has shifted and democrats have, largely because of abortion politics and because of an energized democratic electorate over what's happened with the repeal of roe v wade, whether democrats who historically would not have a great chance in these midterms and republicans would have all the advantages they always have historically, that democrats have turned the tide.

on the back of the abortion question and joe biden's successes legislatively and donald trump's various problems, being the face of the republican party, has that changed things? that's why they looked at this race in upstate new york, because it was a measure of that. that's what all the political analysts are staring at that question. that's why the win of this democrat there and the way that democrat won, the signs that democrats have the energy, have increased energy from a few months ago and have perhaps more than republicans looking county by county, there seems to be an argument that the bluest of the blue counties are on fire right now. for democrats who want to have a fighting chance in the house and want to exploit the opportunity to hold or maybe even increase their majority in the senate, those are good signs. everybody is looking at, is this a bellwether for what's going to happen this fall.

democrats have good reason to feel good about what happened last night. they're looking for signs in shift of momentum and they saw enough to give them a sense that maybe, maybe they have a little bit of that momentum they've been claiming. >> just one race in one district, but a little bit of a signal perhaps. let's bring in the chair of the dccc, shawn patrick maloney of new york. he won easily his primary against a progressive challenger by 2-1. i want to ask you about the bigger picture for your party as the chair of the dccc. let's talk about your race. you were challenged by a progressive in the district, backed by one of your colleagues, congresswoman alexandria ocasio-cortez. how did you win last night? >> we won by being a mainstream democrat who gets things done. voters want people who do the work. they showed up and we won

decisively. >> when you look at the big picture, we can look up to the special election in the 19th district also in your state. what do you see when you sift through some of the results, particularly in that race where it's a true swing district if you look at the last presidential elections and a close race last night that won by the democrat, a focus on abortion in that race. what do you take away from that result last night? >> well, here's what i would add to your coverage. i hope people understand there are 222 seats in the house that had a higher biden vote than new york 19. this is a tough district. marc molinaro is a strong republican opponent. our candidate pat ryan was outspent 3-1. we spent in this race. we did it quietly. we didn't want to broadcast it. we wanted to snea up and take it. we had an excellent candidate.

he won by almost four points. that is an earthquake and should send shivers down the spine of kevin mccarthy and tom emer, because their dreams of a big republican wave just went up in flames. >> in terms of issues, in terms of focus, what should candidates now looking over the horizon to the fall, to the midterms, what should they take away not necessarily just from that race, but more broadly what we've seen in kansas, for example, about where the focus should be in these democratic races? >> what's clear is if you do trump toxicity without trump turnout, you have a problem. if you rip away 50 years of reproductive freedom from americans, if you ignore the gun violence in our schools, on our streets, if you ignore the attacks on our democracy, both on january 6th and the extraordinary actions by the president now in spiriting away classified information, swing voters don't like it. voters in swing districts have

common sense. democrats are putting forth common sense candidates. we are occupying the center right now of american politics. we're getting historic things done to lower prescription drug costs, cap seniors' out-of-pocket costs, combat climate change. we're getting things done. we are occupying the center of american politics more every day. remember, there are five now special elections since the roe v wade decision, and they've all come our way by more than anyone expected. it's a clear trend. we're occupying the center. they're being dragged to the extreme right. we're going to win this election. >> congressman, what's your sense not just in the district you were just elected to last night, but your sense in your role as chair of the dccc, what's a bigger motivating issue, the roe v wade decision or what happens at the grocery

store, the gas station and the pharmacy? >> look, they're both important, obviously. but gas is down more than a dollar a gallon in just 60 days and it's still going down. we have a plan that is working by releasing our strategic petroleum reserve, president biden has addressed that problem. we have a plan. they have a ploy to win power for themselves. that's the difference. >> john heilemann has a question for you. >> congressman, i always fear that mike barnicle was going to steal my question, but he took it a slightly different question. here's the question i'm thinking about right now. you've got a couple very big data points, big flashing data points, one that we've been talking about here is the backlash against overturning of roe v wade has energized a lot of democratic voters. choices on the ballot was a big part of that race in new york

last night. so front and center, a lot of strategists say democrats should focus on this issue. it's incredibly important. it's a historic decision. all around the country you guys see signs it could pay political with dividends for you. at the same time we saw in our nbc news poll this question of democracy also on the ballot. the problem with democracy being on the ballot is it drags you into trump territory. i understand it's important substantively, but for a lot of your candidates, the question of do i want to have an argument about trump or do you want to stay focused on roe v wade and choice? they're going to have to make some big choices about where to aim their campaigns. which do you think is going to end up being safer and more effective for democrats across the country? >> look, democrats are always

going to make the contrast because it's so stark, but we're going to lead with our own record of results. look what's happened in just the last few months. the chips and science act will bring millions of manufacturing jobs from china and other places to america with industries of the future. that's a huge achievement in just the last few weeks. $200 billion to help our veterans deal with exposure to toxic substances despite the republicans trying to stop it. better roads, better bridges, that's the infrastructure bill. every school district, every fire department, every police department in america, every small business that got helped during the pandemic knows that democrats did that without any republican support. so we have a record we're proud of, but we are going to draw a contrast, you better believe it, between a maga republican party that will take away your rights, your benefits, your freedoms and doesn't have the courage to stand up to donald trump. >> congressman, elise jordan here. congratulations on your win. you said a party that doesn't

have the courage to stand up to donald trump. the dccc has funded and supported candidates that are election deniers, particularly in michigan where republican peter meyer who was one of the few republicans willing to impeach donald trump, he was ousted after that. do you think it sends a bad message to republicans who might want to work with democrats that if they do cross the line, the dccc might still go up against them? >> let's be clear. in a budget of about $300 million, you're talking about one race. there's only one that the dccc played in a republican primary. i understand people have concerns about the moral and philosophical questions there. we spent a few hundred thousand

dollars to tell people not to support them, not to fund them, to fund against them, to make clear that john gibbs is an anti-choice extremist who's too conservative for western michigan. that's what the ad said. we have a strong pro-choice democrat there hillary scolden, who according to the cook political report is now far more likely to win that race than we were before the primary. the big loser is kevin mccarthy and the maga crowd because we have a weak opponent and we are going to win that seat. >> so you think that a republican who voted to impeach donald trump, that using the money in that way when his opponent hadn't been on the air waves at all, you think that there's nothing morally questionable about that if democrats are claiming to be for electoral integrity? >> no. i said there are always difficult moral and philosophical questions in politics. it's politics. you're not going to take the

politics out of politics. the larger moral imperative is to keep dangerous people from controlling our government. the danger in michigan didn't start with john gibbs. the danger in our country was there on january 6th when 139 republicans voted to overturn the election. we're chock full of dangerous people in the congress. the key is whether they control it. that's the larger moral em imperative. we were going to spend 10 or $20 million and probably lose that seat. the big loser here is kevin mccarthy, and he knows it. >> new york democratic congressman and chair of the dccc, shawn patrick maloney who cruised to victory in his primary last night. thanks for being with us. coming up next, the e-mail sent to former president trump's lawyers in april, the "washington post" says was a crucial pivot point in the probe of trump's handling of

classified documents. we will bring in the reporter behind that new piece for details. also ahead this hour, nasa is preparing for its first trip to the moon in 50 years. nasa administrator bill nelson will be our guest. l nelson will be our guest.

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♪♪ 6:20 in the morning, low clouds, as always, in san francisco at this hour of the day. the national archives has made public a letter rejecting donald trump's effort to claim executive privilege over more than 700 pages of classified documents. the letter sent in may was in response to the former

president's request to shield the fbi from reviewing the material recovered from mar-a-lago back in january. the national archives informed trump's legal team the government would be able to review the documents to determine how they were handled and to assess any potential damage to national security. government officials made two more visits to the resort after that letter was sent to recover even more documents. it's unclear how many pages of classified information were found during those trips. meanwhile, a federal judge has ordered trump to clarify his request for a special master to review the documents seized from mar-a-lago. judge ilene cannon, appointed by trump, asked his team to explain why they chose her court to state more precisely what they're asking and to resubmit their motions in the correct format. politico writes, cannon did not explicitly criticize the 27-page motion trump's lawyers filed on monday, but her request for clarification seemed to dove tail with criticism from legal

observers who called the submission convoluted, confusing and loaded with heaping servings of political rhetoric unrelated to the legal questions at issue. trump's team has until friday to clarify that. let's bring in barbara mcquade and josh dawsey from the "washington post." barbara, let me ask you about this letter from the judge back to the trump legal team. what should we read into that beyond her saying your work isn't finished here, explain why you want me to look at this and perhaps find a special master? >> in the politest terms, she's asking some questions that really are raised by the filing itself. it's very unclear what they're even asking for. it's unclear why they filed it with her. perhaps there was some thought that since she was a trump appointee, she would make a ruling that's favorable to him. sometimes that's referred to as judge shopping.

she's giving him every opportunity, really bending over backwards as a courtesy to give him an opportunity to answer those questions. but i think in the end, this is a matter properly before the magistrate judge. a request for a special master is not unheard of, although in this case it seems that with the passage of two weeks the governments will have already reviewed these documents. so ultimately it will be futile. it seems more like an opportunity to vent and make a political statement than anything asking for any real legal relief. >> i was going to ask you if you see the special master even happening at this point, because as you point out, it's been over two weeks since they went in and got the materials. they weren't sitting and waiting to see how donald trump and his team were going to respond. clearly the justice department has been going through these files. does this go anywhere? or is this a stalling and

distraction tactic? >> i think it's probably the latter. the idea of a special master is something that is done usually when it involves attorney/client privilege, if a lawyer's office is searched for example and there may be things relating to other clients. michael cohen's office was subject to a special master review. here, i think one reason is that donald trump is not asserting attorney/client privilege but executive privilege, which that archives letter says belongs to the current executive. donald trump's claims cannot supercede the current executive who wants to see it. i imagine there's been great urgency to review these documents, because not only do they want them back for safekeeping, they want to do a damage assessment to find out if sources or methods have been compromised around the world. that has some urgency if lives are at stake as people who are assets in foreign countries. my guess is that the train has left the station on that. >> josh, you and your colleagues

have some new reporting for the "washington post" piece titled "fbi's mar-a-lago search followed months of resistance and delay by trump." take us through this timeline a bit. it's fascinating. and you quote a source in your piece that some of the information discovered at mar-a-lago was, quote, among the most sensitive secrets we hold as a nation. >> yeah. top of mind is why the former president had all of these opportunities to give the documents back and didn't do it. what we are going to hear is that back in spring long before there was this raid, there were lots of efforts to get the former president to give these documents back through subpoenas. then his team said he had given them up and he had not. in april, when they had reviewed some of these boxes already that he had returned and found classified info, they gave the former president's team a month or so to look at these

documents, and they didn't do it. i think what the piece is really trying to capture is there's been this public narrative from former president trump and his allies that all they had to do was ask, we were being totally cooperative, there was nothing amiss and then they took this draconian step of a raid. what really happened is along the lines there were lots of chances to give the documents back and tell the truth about the documents and show what they had. and those opportunities were not taken. that's key here. one of the things the folks investigating this, the prosecutors looking at this are really focused on, we're told, are these series of statements that don't appear to be true when his team attest in the summer that all the classified material has been returned. that's now a focus of the fbi. clearly it wasn't. they found reams more of classified materials when they did the latest search. throughout the last 18 months or

so when they wanted these things back, why did the former president hang onto them at all costs? >> josh, you just mentioned and according to the reporting, in june a lawyer representing the trump people signed off saying that all of the classified material had been returned. that's a member of the bar signing off stating that all the classified material had been returned. turns out not to be true. do we know who the lawyer was and what has happened since then? >> the lawyer was christina bobb, former oan anchor who started working for the former president earlier this year. we know since then the fbi and others investigating this have started looking at footage of the club and talking to lots of folks, even his household staff, his personal staff, political advisors about whether there was more material left there. through the footage they combed

through and doing the interviews, what they learned were two things. one, that there was a lot more classified material still at the former president's club, including top secret and some of the most sensitive documents that the government holds. then in the room where these classified documents were, there were people coming in and out of the room that concerned them. they decided that after doing these additional interviews and watching this video footage, that the former president's team was not being entirely truthful with them. that led to the search warrant and subsequent raid a month or so later. >> barbara, elise jordan here. the law is the law. if you take classified documents out of a skiff, you mishandle them, there are punishments and there are plenty of low level government officials who have born the brunt of making a mistake of mishandling classified documents even

without malicious intent or intent to harm the nation. i go to the national archives frequently for research. if i slipped out any historical documents, i would get in a whole, whole, whole lot of trouble. how can trump escape getting any consequences this go round for what he's done if what is reported is true? >> yeah. i think this new letter from the archives really demonstrates a couple of things that make the case look very strong against donald trump. although negligent mishandling of classified documents is a crime, prosecutors rarely charge it in that instance. what they're looking for is willful violations. it is possible people would accidentally box up documents and a stray classified document would land in there. but what we learned recently is there are 300 classified documents. so it's a huge volume. and there was this months long

request to get them back. this wasn't a stray document. this wasn't hillary clinton using a private e-mail server that happened to capture some classified information. this was an intentional withholding of classified information, including special access program material, which by definition means it relates to defense systems, intelligence operations or military capabilities. it is limited to a very, very select group of people in the united states government. the idea that you've got that lying around in your basement is a very egregious violation of the law. >> in an open country club with the membership strolling around past those classified documents. it's been extraordinary every day to watch another trump excuse go up in smoke. as josh said, they've tried to give up that we've been cooperating the entire time. we know that's not true, that the national archives had to drag this stuff out of donald trump and his legal team. there's a detail of donald trump saying, well, the fbi planted this stuff, whatever he's been saying. there's a detail in josh's story

where trump, once they did say, okay, we're going to send the 15 boxes back to the national archives, donald trump personally oversaw the packing of those boxes. picture that. the president of the united states saying give them that, don't give them that and, in fact, wouldn't even show some of the documents going in to his staffers, because he understood what he was doing in realtime. >> i would say that since the start of this story, there's not been a single good fact for donald trump. everything we've found out materially since the day that the fbi went and did the search at mar-a-lago has made his situation worse and worse. there's been nothing for the trump side to cling to. that doesn't tell us where we're going to end up, but it does tell us it was clear last week and the week before that most of the arguments trump and his people were making was really just throwing spaghetti against the wall. they were arguing six different things, many of them internally contradictory. they were just saying anything

that came into their head. the key elements this week are the reporting that shows, number one, there were a ton of classified documents. no one can say there was a mistake. hundreds of pages, hundreds. then the reality there was this months long attempt to get them back and trump willfully fighting that. the third thing is this notion that these are very serious classified materials like at the highest level of sensitivity. if you add all of that up, it raises the question is there any possibility -- this was something people speculated about -- that merrick garland understood the urgency to get the documents back and once the documents were secured that he wouldn't see any point necessarily in charging donald trump and going through with an indictment. at this hour, given all the facts i just laid out, i think it would be very hard, hard to imagine -- i'm not saying

impossible, but it would be hard to imagine and there would be incredible political backlash if the justice department doesn't indict trump for this if the facts are as they seem. learning what we've learned and not going through with an indictment would be as much of a surprise as the first day the fbi showed up at mar-a-lago. >> when you think about some of the decisions that have been made historically, general david petraeus, former national security advisor sandy berger, that line has been this willfulness that i do agree it would be hard to decline charges here. >> neither of them remotely had the volume of documents trump had at mar-a-lago. former u.s. attorney barbara mcquade and the "washington post's" josh dawsey, thank you

very much. coming up, an executive at twitter says the company has misled the public in how it protects user information. plus, dan goldman, the lead democrat counsel during president trump's first impeachment trial holding the lead in a crowded democratic field vying for a new york congressional seat. he will be our guest, next. ilbet s just passed a law to lower the cost of medicine. the inflation reduction act lets medicare negotiate lower prices with drug companies for the first time. that's more savings for us.

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let's compare. a two-stage brita filter stops here. but our five-stage filter doesn't quit. zero water. we strive for zero. this morning the results continue to come in from new york's 10th congressional district. nbc news categorizing the race at this moment as too close to call with dan goldman holding a narrow lead over new york state assembly member nayu. and jones was elected to the 17th district in 2020 before redistricting turned it into the 10th district. goldman declared victory last night shortly after the associated press called the race for him. dan goldman joins us now. dan, we haven't called it yet, but a lot of other people have. this is your first step into politics.

what did you learn on the campaign trial for all these months? >> well, i learned a lot from the voters. that was far and away the best part, was getting out on the trail and talking to the voters, understanding the issues that affect them locally, nationally. it was validating in many respects, both the result last night but also talking to the voters about the degree to which they are really concerned about the state of our democracy. i know you guys just had a long conversation with barbara mcquade and josh dawsey about mar-a-lago. the voters who understand that donald trump is still around, is still likely to run, i think almost certain to run in 2024. if he is running because it's his criminal defense strategy, what do you think he's going to do with the 2024 election given what he did when he wasn't running away from doj in 2020? so the voters do understand that. i think there's a lot of work

for those in congress to be a bulwark against that. it's going to take republicans too. they're going to have to step up and recognize that our democracy is on the line. >> it's interesting you say that, because we've been reporting this week that some democrats are finding that not necessarily a resident message because goods and services cost too much and they're worried about crime in new york city. how much did you hear about crime? how much did you hear about inflation versus democracy? >> public safety in new york city is a huge issue in almost every neighborhood that i went to. hate crimes are significantly on the rise, especially in asian american communities and jewish communities. so there's a lot of work that need to be done. as you guys know, i was a federal prosecutor in new york city for ten years, and i am looking forward to digging in with a lot of my friend and former colleagues in the city to

figure out a way that we can both reduce incarceration, make the system more fair, but also make sure that the city is safe. it is the key to so much of the revitalization not only in new york city, but around the country. >> so, dan, in terms of public safety, in terms of people's concerns about public safety, this is a two-part question. one, it's almost always focused, at least to my ear, on the subway, you know, what happens in the subways. that's one issue. the other issue is sort of connected to it, but it's the dangers to democracy, the larger dangers to democracy. one, what do you do about public safety, subway stuff? and, two, what do people say to you when they articulate the dangers to democracy in their mind? how do they articulate it? >> both are critical questions. i've talked a lot about that with voters over the last three months.

on the public safety issue, there are a lot of people i spoke to who say they don't take the subway anymore. that is debilitating to the city's economy if people are not taking mass transportation. they're going to continue to work remotely and the city is going to struggle to revitalize the economy. but this is where i do think perception of public safety matters almost as much as the data. i say that because you can have one arbitrary shooting on the subway, as we had, and then everybody is scared that the next one will be them. it's why terrorism works. it's different if you're having a fight among people who know each other and then there's a shooting. that just feels different to everybody. so i do think one of the things we are really going to have to focus on in this city more broadly is addressing the homeless problem. i mean, part of the subway issues is just based on the

increase in homelessness and post covid more people being unhoused and needing to make sure that we transition people into more affordable housing and address the homeless problem. and i think once we do that and we remove people from the subways and put them in shelters, i think it will start to feel a lot better. >> dan, this was a tight primary, and the results are probably going to come out in your favor pretty soon officially. do you think that donald trump inserting himself at the last minute on your behalf of sorts -- i don't know whether it was an endorsement or an attack. whatever it was, he decided to insert himself. do you think that helped you with voters in new york city? >> it's hard to say. he first attacked me, and then he came out with his fake endorsement. hard to believe that the person who i led the impeachment of was actually genuinely wanting me to

win. i think what everybody recognized, it was his effort for reverse psychology. but i think what it shows is how much of a factor he still is in our politics. when that happened, all of a sudden everyone was paying attention. i think some of my opponents miscalculated a little bit by assuming it was real and asserting it was real. but he is so much a part of even a democratic primary in new york city. he's a part of everything. to the second part of your question, mike, that is on everybody's mind. it is critically important that we address the threats that he poses. it's not just trump. it's trumpism. it's the fact that house republicans are under his thumb and they remain under his thumb. what i am as scared about is not just that donald trump will do something crazy in 2024. of course he will, he always does.

but the problem is that he has complicit members in the republican party in the house. they're going to have to at some point have a reckoning as to what kind of country they want and whether they're going to stand up and say, okay, we just can't tolerate this anymore. there have been a dozen instances where we would have expected that to happen and it hasn't yet. it remains to be seen. >> for people who may have missed it, donald trump gave a sarcastic endorsement that ended with, dan goldman has a wompl wonderful future ahead. it appears he's right about that. coming up next, a former twitter executive now blasting the company over the way it handles your personal information. we're back in a moment on "morning joe." 're back in a mom "morning joe." ["only wanna be with you" by hootie & the blowfish] discover is accepted at 99% of places in the u.s.

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ten minutes before the top of the hour. a new whistleblower complaint by a former twitter executive who's a top cyber security expert claims the social media giant regulators about security plans, puts its users' private information at risk in the process. gabe gutierrez has the story. >> reporter: first, a respected hacker, known as mudge, became twitter's head of security until earlier this year. he's filed an explosive 84-page whistleblower complaint, alleging the social media giant deceived federal regulators about egregious deficiencies in its security. >> he decided the risk was forth it. he cared enough about the platform that he was going to come forward. >> reporter: the complaint accuses twitter of violating a 2011 settlement with the federal trade commission by falsely claiming it had a solid security

plan and that too many employees had access to sensitive user data, which is fraudulent misrepresentations in communications with the board of directors. >> large tech companies need to know what the risks are and they need to have an appetite to fix it. >> reporter: twitter hired zatko after a hack in 2020 that co-prom mized accounts. the company says he was fired for ineffective leadership and poor performance. >> twitter has become kind of the de facto town square. >> reporter: the complaint comes among twitter's legal battle with elon musk who is trying to get out of a $44 billion contract to buy the platform, arguing that twitter has underestimated the number of bots or fake accounts.

>> this speaks to the misinformation and disinformation a lot of these bots and spam that are used for commercial purposes to sell products. but they're also used for propaganda to sway public opinions. >> joining us now, andrew ross. good to see you. let you talk about the whistleblower, but also elon musk's legal team appearing later today in delaware court for a hearing on his ability to demand information about twitter's internal practices and data. does this whistleblower filing impact the case at all? >> well, that is the question, and whether it is a bombshell in the context of the future of twitter and whether elon musk ultimately owns it or not, he has been trying to walk away from this transaction, arguing that there are bots that have been undisclosed. the question is whether the judge at this point is going to say, look, we have to take what this whistleblower is saying and

take it very seriously, that means we have to have a whole discovery process. we'll go down the line and try to understand what is actually happening inside this company. if that's the case, the case itself, the trial would take a lot longer. the discovery process will take a lot longer and it opens twitter up in a way i think people did not expect. interestingly, elon musk effectively when he did the deal to buy twitter said i don't need any diligence or see what's going on inside this company. i just want to buy it at this price. that made it very hard -- i think there was a lot of legal experts who said it would be very hard for him to walk away from this. but this case now with this whistleblower could be a material adverse change or event. we will see whether a judge takes it in that light or take it differently. >> may allow him to wiggle out of this deal. speaking of user privacy, andrew meta, facebook parent company, has reached a settlement in a

lawsuit that accuses the company of violating user privacy by tracking them. >> what's so fascinating about this, even when folks on their phone turn off what's called location services on an iphone, what meta was able to do was effectively try to try an -- triangulate to you and direct ads to you as a result. this sellment effectively says we shouldn't have done that. we're paying for it. having said that, slap on the wrist in terms of the total dollar amount that meta, formally facebook, is paying. >> yeah, that's change found in the cushion for mark zuckerberg. >> they call it pocket hint, willie. >> that's his lunch money right there. andrew, thanks so much. finally this hour, it's been nearly 50 years now since the end of nasa's "apollo" program

and the space agency is now gearing up for a new lunar mission. on monday, nasa's moon rocket artimus one will launch a flight and the capsule will circle the moon for 42 days before returning to earth on october 10th. nasa says if the flight goes well, it could provide a strong reason for human exploration to the moon and beyond. so mr. nelson, tell us more about this mission and why it's been 50 years since america put -- last had a man walk on the moon. >> reporter: willie, we're going back to the moon, we're going to learn to live, to develop new systems, new procedures, and then we're going beyond. we're going out to mars with humans. you've seen what the space telescope does. it's a universe out there that

is just so big, it's beyond comprehension. light that we have now captured from right after the beginning, 13.5 billion years that that light has been traveling. so there's a lot to explore, and this -- it took us 50 years, but here we go. >> senator, the russians have announced that they no longrer going to cooperate with the united states in international space missions is. that decision by the russians disappointing, demoralizing, sit destructive to the program at all? >> well, it was primarily by the former head of the russian space agency, and he got canned about a month ago. you notice since then, there hasn't been a of the lof those kind of statements, at the same time, our astronauts and

cosmonauts have a very professional relationship. and this has been going on, a cooperative relationship, the irony is, look at the problems on the face of the earth. this cooperative relationship in the civilian space program has been going on since 1975, the middle of the cold war with the soviet union, when we had apoo soyez and the crews lived together in space. the russians built the international space station with us, and i expect we both have to run it. i expect that to continue. >> senator nelson, just quickly. what do you estimate -- how long will it be before we send astronauts to mars? >> well, president obama announced that. he said the late 2030s, that's

what we are expecting, maybe 2040. but right now, we're doing a test flight to go back to the moon. we're going to stress this test. the essential item in this test is, we've got to know that that heat shield works. it's never been tested. because you've got to go out there and bring it back. it comes in fast and it comes in hot. 32 mach, 32 times the speed of sound. it's coming so fast, we have to dip down into the atmosphere, bleed off some of that speed, and then bring it back up. and from there, bring it on through the fiery heat of reentry. it's going to get 5,000 degrees fahrenheit on that heat shield. so this is a test, it's a risky test. >> it's exciting and we'll be watching, senator nelson.

artimus blasts off on monday. 1.3 million miles is the trip over 42 days. thanks so much for being with us this morning. that does it for us this morning. we'll see you right back here tomorrow morning. jose-diaz-balart picks up the coverage in 90 seconds. jose-dia coverage in 90 seconds the women and men i served with in combat, we earned our benefits. just like people earned their social security and medicare benefits. but republicans in congress have a plan to end so-called "entitlements" in just five years. social security, medicare, even veterans benefits. go online and read the republican plan for yourself. joe biden is fighting to protect social security, medicare and veterans benefits. call joe biden and tell him to keep fighting for our benefits.

good morning. 10:00 a.m. eastern. i'm jose-diaz-balart. key races are taking shape this morning ahead of the midterm election after millions