i am katy tur. we are about to learn more about the search at mar-a-lago. doj is expected to file another motion. this one lengthy, asking judge cannon to denied donald trump's request for a special master. normally these motions are 20 pages long. doj asked the judge to allow for a 40-page response because it needed more space, to quote, adequately address the legal and factual issues that trump team raised in its request. so it would seem the doj has a real issue with the way trump's lawyers described the search. we will find out a lot more in the motion itself, which could perhaps come out this hour. we just don't know. so don't go anywhere. short of that new detail, we know the doj believes a special master is not necessary because it says the department has already done the work of one.

it says a filter team has already gone through the documents and pulled the ones that could potentially contain privileged information. and it says doj has already given back the private documents that are not a part of the investigation like the expired passports swept up in the shirt. legal analysts argue there isn't a need for a special master here. donald trump is not a lawyer. so discovering attorney-client privileged material is not an acute danger. donald trump is not the president of the united states any more, so economic tough privilege does not apply. and the volume of material all things considered isn't overly large for jauj to review themselves. still, judge cannon did wright she had a preliminary intent to grant trump's request. the question is both why and what will happen next if she does? so, as we await that unusual

40-page response from doj, let us understand the variables. julia ainsley, our homeland security correspondent, has also done extensive coverage of the justice department. also with me are msnbc legal analysts lease sta ruben and barbara mcquade. bash rar is a former u.s. attorney. 40 pages. what goes into making a request like this? >> as you point out, they think this that they need that space to go through and rebut all of the things that the trump legal team set up. they are going to argue is there no need for a special master, that they have already done that work and that they were the people to do so. those being the career investigators inside the fbi who are a part of that filter team. but that it's too late in the process is likely to be an argument we see eand they will reput a lot of the points that trump's legal team are making about the search itself. right now we are having this national debate about the merits of that search.

was it right or wrong to take these documents far before we find out what was there. and that's really part of this trump legal strategy. today we are learning that the former president has found a new lawyer, someone known for having a knife to political fights, a political knife fighter, figuratively, when it comes to cases like this. so this is all part of a trump legal strategy. doj is going to come back strong explaining exactly why they needed to do this themselves and why a special master is not necessary in this case. and their interests are strong because if you think about it, we are already over three weeks out from the initial search. it's time to move forward and get to a place where they can explain to the american people why it was necessary to take these documents, what the documents might have contained and what they can explain to us that wouldn't be damaging to national security. to appoint a special master now to redo all of that work would set them back. >> it would delay things,

certainly. what are you including? >> they have asked for the additional pages. i think they probably will address head on this argument about executive privilege. that is the only argument i could imagine that might take this kind you have page extension. donald trump has asserted he has executive privilege over some of these documents and the law seems clear that the executive privilege belongs to the executive. the executive is joe biden. joe biden has deferred to the archivist of the united states to decide whether to assert it. she said she is not. so donald trump cannot assert economic tough privilege over these documents. now that could take space to lay out. one of the things that i think is interesting is if doj had its way, none of this would be done in the public. the search would have been done privately. nobody would know about the search. but donald trump chose to alert the public. by picking that fight, the

justice department speaks through its court fights. today in 40 pages it will say a lot. i look forward to it. >> 40 pages is a lot. there is also a request for the inventory list, lisa. but we should not expect to see that? >> no, we shouldn't. there are two things that judge cannon has ordered doj to file. both of which will be under seal. in addition to the 40-page brief or the up to 40-page brief we will see publicly, that's a more detailed inventory of what was taken as well as what she calls particularized detailing of what review the fbi and the department of justice have done so far. we know that they have completed, for example, their review of any potentially attorney-client privileged materials. >> we've gone through the

reasons why a special master, and you help me with this, lisa, would not be normal here, you would not appoint a sfem. donald trump doesn't have executive privilege. it's not that of material. he is not a lawyer, so attorney-client privilege is not that much of a risk here. a filter team has gone through things and they have had more than two weeks before a special master might even be named. but if you are a judge, if you are judge eileen cannon and you say that you are inclined to appoint one, to grant donald trump's request, what might you be considering? >> i think the reason that judge cannon might be inclined to grant a special master here, and i'm assuming that judge cannon is acting in good faith and fidelity to all her obligations here is because of the cui generation nature here. what is the harm of having a third set of eyes on the review doj has taken thus far?

not that the reviewed is flawed. it has represented all of the steps that it planned to tang before the warrant and has told judge cannon the steps that it has taken since the warrant or they will today to ensure that potentially privileged materials are not seen by the investigative team as opposed to the filter team. if i am her, i have been on the bench under two years and i think this is the biggest case i will see in my political -- sorry, my judicial career, i don't want to take chances because the bell can't be unrung if there is a danger you could implicate the constitutional rights of a former president of the united states, i am going to take every avenue available to do to ensure that review is as sang row sank as possible. >> barbara? >> three problems. one is the justice department now for three weeks it appears they have already loojd at them. it might be futile to have a

special master. delay in the criminal investigation if the justice department can't get their hands on the documents to review them and most importantly there could be a delay in the intelligence community's damage assessment. one of the things we heard this weekend is that dni director haines has ordered a damage assessment to review the documents to determine whether sources have been compromised overseas, whether methods of dlekss, surveillance channels have been compromised and they need to shut those down or be aware of false flag operations. that needs to be done with urgency. every day, a delay caused by a special master, risks our national security. >> a special master would mean that dni would not be able to get access to the materials. they would have to wait for a special master to go through them again? >> i believe so. the judge can fashion whatever order she deems to be appropriate. if that's the idea, donald trump

is say a certing some sort of privilege over this. >> is there an option for appeal if this? if the judge says we will do a special master, does doj have any resource, barbara? >> yes, they could certainly appeal to the next court up, the 11th circuit court of appeals, the supreme court if necessary. to the extent that delay is -- the risk they are trying to avoid, further delay things they might be better suited to agreeing to the special master but urging expediency so they can move on. >> when we see special masters before we saw one with michael cohen, who was donald trump's lawyer, i believe also rudy giuliani, how long have those reviews taken? >> the rudy giuliani case, i know that that review took at least a few months. and we are not really sure if that review has been completed or not given that there haven't been many active steps in that investigation.

what i will say is something i said before the giuliani case and cohen case are opposite from now. they are lawyers. mr. giuliani's case he had other clients and in both cases they seized electronic devices that had gig gigabyte of material here. we are dealing with 27 boxes total taken from mar-a-lago on august 8th. that in the schemes of these investigations isn't really a lot. 27 boxes is manageable even for a judge and their clerks to review in chambers. the tiepts of reviews that have necessitated special masters in the past is where doj themselves recognizes that it is both voluminous and burdensome and where the risk of mistake is too high. the giuliani case, the request for special master came from doj itself. not from mr. giuliani and his lawyers. >> and in terms of timing for this filing, the deadline for the justice department is today.

do we have any indication when this might get dropped on the docket? >> i would love it if it popped on my phone right now. but because of that long deadline, she said on tuesday or before. it really could come as late as midnight. sometimes there will be a filing and it takes a little while before the clerk of the court will be able to upload that filing to the electronic records system where you and i can access it. it could be a long day. i do know as far as deadlines go that on wednesday by 8:00 p.m. there is a firmer deadline for the trump team to respond to what we will see today. >> a note. on friday we are waiting for another deadline about whether we are going to see the row contacted affidavit that was supposed to come out before 12 because there was such intense interest in it, the site pacer, which is where journalists go to find the filings, crashed. be patient. it will get out there eventually.

one more time, if i could go back on the new lawyer that donald trump has hired. there has been reporting about the challenges he is facing getting people who are -- how do you put it? people well versed it this this sort of investigation and well versed in these sorts of defenses. >> yeah, that's right, this is three weeks after the search of mar-a-lago. not to mention trump is involved in a number of different legal cases around the country. his businesses have been also. and the question is, you know, why now? even after january 6th, why has it taken this long to find someone of this caliber. it appears that the person he is now working with according to our colleague mark ka putoy according to two sources, this person, chris kies, really does have some legal aptitude. he has won cases before the supreme court. also in the florida supreme court. he was a solicitor general of the state of florida. he is someone who is expected to fight very hard and be up to the

challenge for the former president. but there was a lot of hand wringing going on as we understand and as mark reports because there were a number of lawyers who turned down this job. basically either they or their law firms thought it was too divisive of a client and not easy to work with. >> as we've seen from past scenarios. julia ainsley, thank you. lisa ruben and barbara mcquade, appreciate it. a little bit of more news from doj about the investigation into hunder biden's business dealings. fbi agent timothy thibault resigned last week. thibault was under fire from senator chuck grassley who accused him of trying to close the hunter biden investigation. also accused of political bias for liking a number of anti-trump tweets. nbc news investigations correspondent tom winters. bring us up to speed.

we haven't covered a lot about this investigation. where does it stand and who is thibault. >> there is no indication he is under investigation. our colleague mike is told he was eligible to retire. so he chose retirement. there were a number of reports that he was walked out of the fbi. that's standard procedure when somebody is done with their career in case anybody is unhappy about their retirement. don't want anybody to do anything on the way out the door. that's not particularly unusual. this all came up as you alluded to from senator grassley back in may, may 31, when he sent a letter to attorney general garland as well as fbi director wray calling into question a number of social media posts not just likes but re-tweets and comments, some of which were highlighted by grassley as being derogatory to either the republican party, then-attorney general william barr or the

president, including a re-tweet from the lincoln project calling former president trump a psychologically broken, deeply unhappy man. he said that indicated a bias and asked that the director look into it. a recent congressional testimony director wray said he was troubled by those social media posts and aware of what senator grassley wrote about. there was a subsequent letter sent in july of this from senator grassley who said two whistleblowers came forward to him indicating that this former assistant special agent in charge of the washington field office attempted to close in a permanent way the investigation into hunter biden. if should be noted that the investigation into hunter biden continues. it's an investigation being led by an entirely different field office. the fbi field office in baltimore and is primarily led at this point by the irs criminal division there, the ones looking into the tax issues

14 that we have reported on involving the current president's son. that's where that stands. that case remains ongoing and there has been activity over the course of the last several months. there is no indication it's concluded. within the fbi it would be extremely unusual if not impossible for an investigation of the perhaps notoriety and profile into then-presidential candidate's son to be closed at the asac level. that would go to the sperk agent in charge or assistant director level when we are talking about the washington field office before any decisions are made to open or close. it might be important to note that any overt investigative steps that close to the election, the fall of 2020, is something that the justice department and the fbi tries to routinely stay away from, particularly in light of the

infamous comey letter in 2016. something they tied not to do. the rudy giuliani investigation, which is at this point expected to result in no charges, as well as the hunter biden investigation. there were steps that prosecutors and agents as we reported at the time wanted to take leading up to the fall of 2020 that were not taken until after the election. including the search of giuliani's home as well as subpoenas tied to the biden investigation. so just to provide the full circumstances and context around it, we are going to endeavor to reach out to thibault and figure out what went on. we will keep you post ltd. >> tom winter, thank you very much. still ahead, the deadly consequences ka from climate change. in pakistan more than 1,000 people are dead from truly incredible flooding. and with the number of legislative wins under his belt, president biden hits the campaign trail in the swing state of pennsylvania. the interesting note he is campaigning on in a moment. and later, i'll speak with a

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underwater and more than 1,000 people are dead. the country is experiencing the worst monsoon floods in decades. officials there say it's because of climate change. almost 500,000 people have been displaced and many families don't know what to do next. >> i don't know how to rebuild my destroyed house. even i don't have anything to feed my family. i lost everything. i don't know where to go. god help me. >> nbc news foreign correspondent alley aruse sfwli is following these fluds from tehran. the images out of pakistan are incredible and not in a good way, obviously, and the devastation is massive.

what do we know right now? >> hey, katy. well, the u.n. secretary-general has called it a monsoon on steroids, which has created a dire situation for millions of people across the world's fifth most populated country. officials there estimate that more than 33 million pakistanis, one in seven people, have been affected by these historic floods. village after village wiped out. hundreds of thousands of homes have been destroyed. for those who managed to escape, they have been crowded into makeshift camps, very crowded ones, across the country where living conditions are pretty miserable, katy. we spoke to one victim who told us that him and his family were asleep when the floodwaters burst into their town, submerging their courtyards and all of their bedrooms. he said not a single government official has visited their small village that nbc visited today in northern pakistan.

saying that the residents were left to fend for themselves, salvaging what they can. relying on the kindness of strangers to send them cooked rice and clean water simply to survive. the military has been deploying rescue helicopters but they are struggling to pluck people to safety in the north where steep hills and valleys are making conditions treacherous and leaving many stranded in the worst affected regions of the country. listen to what pakistan's climate minister had to say. >> our helicopters are having trouble finding dry land in the south as to where to drop goods. there are many harrowing and heartbreaking scenes of drama and distress. this is a huge humanitarian disaster and i would call it quite apocalyptic.

>> reporter: and, katy, the forecast for pakistan is not good. with more deluge and destruction expected, the country is bracing itself for even worse to come. >> it is awful. and just couldn't imagine the rebuild to be able to sustain that flooding with be massive and too big to take on. coming up, president biden travels to the swing state of pennsylvania. this is not the video for it. this for another story. we will go to biden in a second. nearly 25 years after he murdered three of his classmates and wounded five others, the man behind a school shooting is up for parole. one of the people he shot and paralyzed joins me. subway series menu! 12 irresistible new subs... like #11 subway club. piled with turkey, ham and roast beef. this sub isn't slowing down time any time soon. i'll give it a run for its money. my money's on the sub. it's subway's biggest refresh yet. flu shots at cvs are pretty...flex.

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dad's work, meet daughter's playtime. wait 'till you hear this— thankfully, meta portal helps reduce background noise. zero lace model. adjusts to low light. and pans and zooms to keep you in frame. take a look at this. so the whole team stays on track. okay, let's get you some feedback. i'm impressed. great, loving your work. meta portal. the smart video calling device that makes work from home, work for you. ten weeks ought from the midterms and the president is on the road telling voters why they should keep democrats in charge. he is in pennsylvania today about to speak to a crowd in wilkes-barre, a crowd that drew big trump crowds in the past. it's also a swing county. biden is trying to convince voters to come back, arguing for

crime prevention alongside gun reform. it should be a preview for a primetime address in philadelphia thursday where the president is expected to call out republicans for claiming to be the party of law and order while also defending donald trump who is accused of mishandling highly classified documents, defending rioters who stormed the capitol on january 6th and calling to defund the fbi. joining me now is nbc news white house correspondent mike memoli who is travelling with the president. also senior national political reporter natasha. welcome. mike, you are going to see the president in a few moments. when i have been to wilkes-barre it has been raucous for donald trump. what are you seeing there and how so far is he being received? >> well, it's so interesting you say that because when i interviewed then-vice president biden a few weeks after hillary clinton was defeated by donald trump, vice president biden didn't shy from the fact that he saw this coming. when i asked him what was that

moment he identified that trump had a chance to win, he said when he saw donald trump in wilkes-barre, pennsylvania, and he saw the crowd and said those should be our voters, democratic voters. we are close to scranton. these are neighbors, people like the ones joe biden grew up with. so this is an opportunity and a designed by the white house for biden to have the opportunity to try to flip the script on republicans ahead of the midterm elections on a key issue, and that is law and order. now, remember this was an event originally scheduled a month ago when the president ended up being diagnosed with covid that day. and the message that the president was going to bring that democrats are the party of funding police. his administration wants to hire 100,000 police officers. wanted to talk about the gun safety law, the most significant action on gun crime in the past 30 years. but what we've seen since then is the raid on mar-a-lago and with it the threats on law enforcement. so you'll hear the president

today really in that much more feisty way bring the heat to republicans, you can't claim to be the party of cops, the party of law and order if you are for insurrection, for defunding the fbi. and i'm also told that he is going to actually really tee up something he wasn't able to do so far, which is an assault weapons ban. this is something the president will say he is committed to getting back on the books. of course, he, as a senator, did this. this is also a preview in some ways of the more high-level message the president will be bringing to pennsylvania and philadelphia on thursday night about the continued battle for the soul of america. the looming shadow of donald trump really has given, in the view of the president's political advisors, an opportunity for democrats to really reinforce that contrast, to make this a choice election rather than a referendum, which is often is in the party in power. >> i'm smiling because the gentleman behind you, instead of going home and watching this on tv, gets a live look at a live

report from you right now. he is very interested. i would love to see you talk to him afterwards and see what he thought. he doesn't even know what we are take about. hello, sir. natasha, president biden trying to take away the messaging from republicans. we have seen republicans run on law and order and crime talking about how crime is on the rise, you know, on the rise in 2020 as well when donald trump was still in office. and this is the president, current president biden, trying tyke it back in addition to running on abortion and running on threats to taylor hawkins. -- to democracy. >> that's right. what biden is trying to do and what democrats are trying do nationally is put extremism on the ballot in november. what we're finding is that is in a lot of the messaging. it's really, as mike was saying earlier, making it a referendum on republicans, making it a referendum on donald trump and the more extreme stances on

abortion, not just jobs, but state by state actions that have been further restrick tough. so that's what they are trying to do. now, what biden's doing today is, you know, a lot of democrats have talked to me, different campaigns talked to me about that before, you know. here republicans are saying they are the party of law and order and they are talking about defunding the fbi? many republicans are not going that far yet, but they are certainly -- i have been covering wisconsin. ron johnson took lots of shots at the fbi. it's something we would not have heard of in 2020 when we were hearing, you know, a lot of republicans criticizing democrats for supporting defunding the police, you know, whatever the definition was to them at the time. you know, just they are now backtracking and, you know, i think biden is to go exactly what democrats want him to do,

which is don't put the focus on you. put the focus on donald trump, you know. they really think that this is a winning issue. >> not so much in 2016 when they were saying the fbi was justified into looking into hillary clinton and her deleted emails. up until i think this trip we have seen a lot of democrats shy away from running alongside president biden, appearing with him. with we are going to see high profile pennsylvania candidates coming out and standing alongside him during this trip, are we not? >> we are going to see some of that. what campaigns were telling us, however, yesterday, in some of our reporting was that they are being careful about how they choose which events to join biden in. if it seems more campaigny, some are shying away from it. it depends on what district they are in, what the dominating issues are. for instance, in ohio and nevada, student loan forgiveness is not popular at all.

we saw the senate candidates there coming out very harshly against them. in wisconsin we had mandela barnes really trying to keep this a referendum on respects and ron johnson. he would not commit to marching in the parade with biden. he will be at the same event, but we won't see them necessarily together. >> natasha, mike, and the gentleman behind you, mike, tell him he always has been invitation that join us at 2:00 p.m. on msnbc. and residents in jackson, mississippi, already under a boil water warning. now thousands don't even have running water to boil. what is happening in mississippi's capital? and she was paralyze add after a boy at school shot her. now the shooter who also killed three of her classmates might be about to walk free. sur missy jenkins smith on the prospect of his parole. h on the prospect of his parole ♪

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they had just said amen when the morning prayer circle of 20 high school students was broken by gunfire. >> i heard something and i thought it was infectious. >> but it was actually a 22 semiautomatic in the hands of a classmate. this 14-year-old boy, say police, described by some as an odd high school freshman who liked to be different and routinely disrupted the morning prayer service with sarcasm. he is now charged with emptying a ten-round clip from a sophisticated handgun and murdering his friends. >> in 1997 a year and a half before columbine, a 14-year-old in kentucky armed with a handgun walked into his high school and started firing into a prayer circle as you saw from that report from "nightly news" in 1997. he killed three girls and he injured five others. the shooter, michael carneal, was taken into custody alive. he pleaded guilty and was sentenced to life in prison. but now 25 years later he is up

for parole. joining me is missy jenkins smith, she was 15 years when carneal shot her in the chest and she has been paralyzed from the chest down ever since. missy, thanks for being here. i know this has to be something of a tough subject to confront, but because of the law and because of how he was what he pled guilty to and the fact that he was treated as a juvenile, he is up for parole after 25 years. how to you feel about that? >> first of all, i thought 25 years would be forever away. that's not true. it is -- it went by faster than i realized. i think what worries me the most is that how -- if he were to get parole, how that would show others that consequences are -- not going to be upheld for murder. it's very important for kid to

understand that we have consequences, they stick when do you something wrong. if he got out at 39, he could potentially still have a life, you know. he's at 39, he could potentially have 40 years left. there are three girls that didn't get a decade to live. i don't get parole. so, for that, i feel like our entire community went through so much for one person to make this decision for everybody's future, be the only person that's actually getting a chance to live their life, and that's -- doesn't seem very fair to me. >> when you said that you don't get parole and neither do the girls, he with was 14 when he did had. there are discussions out there about whether someone at that age has any idea of what they are doing and whether you should give someone like that a second chance. i guess what do you say to people who argue that even

though he did something terrible, that he served 25 years, he was too young. let's see if he can do something good with his life. >> i think everyone knows that if you use a gun, there is responsibility that comes behind that. you know, if you pull a trigger and you are pointing at people, there is a chance that you are going to kill someone or majorly hurt them. i think that at 14, he still should have had the ability to say if i'm going through something, i need help, to talk to somebody. not to hold it in. to be honest with you, that's how i got through this, is talking about what happened, and that's how i have survived this. that's how i have gotten through it, trying to use it for something good. but to keep it silent to himself and to think that was the only choice is -- doesn't make any sense whether you are 14 or not.

i know at 14 years old -- i have a son that's just about to turn 15. he is 14. he knows if he points a gun at somebody, it's going to hurt him. anybody does. so no matter what you are going through, you ask for help. people are there. they care about you. and they will help you. i would like to think that i would have helped him if he would have asked. >> this happened in '97, a year and a half before columbine. before now, we have seen so many terrible school shootings. so many more children, children have lost their lives because mentally ill people come in and decided they wanted to murder a bunch of people. what do you think of where we are today and you the fact that this happens so frequently? >> i think that we're still not where we need to be. i think that one of the key things is that giving the schools enough money to fund and

do for what their school needs, what that environment needs. i know that morning at my school i think if we had a resource officer, because we didn't have one, the state of kentucky didn't have resource officers until after the shooting happened at my school. that's what brought resource officers to kentucky. if we would have had one standing in the lobby that morning, i think he would have had second thoughts of bringing the guns in before as he was coming to school that morning he had the guns wrapped up in blankets in his sister's trunk and he contemplated about leaving them in the trunk. oh, i need to take them. it was a school nl project, he decide to take them because he was afraid his sister would find them and get mad at them. i think if there was a resource officer posted he probably would have had second thoughts of doing that. >> i guess it depends what the school needs. it could be mental health. it could be, you know, programs to teach kids how to treat each

other with kindness. bullying is still a huge issue. so adults to develop relationships with kids because, you know, there is a lot of kids that, you know, yeah, parents are supposed to take care of their children, but, you know, teachers are with our kids all day long and they see how they interact with each other and how they treat each other and i think it's important for them to learn those social skills, too, because there are some kids that aren't getting it at home. so i think -- and to also understand the responsibility of what a gun can hold and then not only that, but, you know, looking for signs of violence and not -- because one of the things that i -- i was even guilty of was thinking that because it happened in my area at heath high school, that it wasn't going to happen anywhere else near me or wasn't going to happen again. and i spoke to schools and i would say we are not immune to this happening. i would always, you know, make

that statement. but in january of 2018, the county over next to us had a school shooting. it was a 15-year-old boy who shot and killed two people and there was a lot of victims. and when that happened i remembered those words that i said, add i always had in the back of my head just like a little voice saying, but we're going to be okay. and i think that's just our way of coping. but we can't run around like everything's going to be fun. we have to look for the signs. and if we are wrong when you are reporting something, at least, you know, it could have been the other way around. it could have been you wishing that you said something. i know michael warned people that morning -- not exactly that morning, but previously. one of the things that he did was bring the gun to school two weeks before it happened and pulled it out on two boys. and they said that's a .22, that

won't do anything to anybody. didn't tell anybody. things like that. something could happen. it's so -- you know, even if it's vague, it should be investigated and taken seriously because, unfortunately, that's the time we live in. you know, we have to do what we have to do to protect each other. and, you know, i have kids now, and they know that i was shot in a school shooting. but when it happened in the county next to us in 2018, it became very real for them. and even more real for me because i was a different type of victim at that point. i was a mom worried about this happening to her own children. >> so scary. it's good to point out that no one's immune to this. it can happen anywhere. >> right. >> anytime. watch out for the red flags. missy jenkins smith, thank you for joining us. it is a unique story because we don't often hear about a school shooting going up for parole.

>> exactly. >> missy, thank you. >> exactly. i think that -- thank you so much. i hope the public sees this and they help us, you know, say something in this situation to help prevent it because there has victims from him. we don't know what could happen with him trying to be responsible, you know, for himself after 25 years, from 14 to 39, you know. >> 39 is still very --. >> to be responsible -- >> still young. you have a whole life ahead of you at 39. it's quite --. >> yeah. >> yeah. missy jenkins smith, thank you for coming on and discussing it. i know it's painful. appreciate your bravery. >> thank you so much. coming up next, state of emergency after massive flooding, residents in mississippi's capital are told the water is not safe to drink again. thousands don't even have running water. we'll get an update from there. e

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from cassidy hutchinson. just remind us who he is and what this could mean. >> so tony ornato was in a unique position, formerly worked as a secret service agent, leading the detail for president trump before flipping to the political side going to work for the president as his operations director at the white house, ultimately returning to the secret service. but no secret service agent had done such a thing, which raised a lot of questions. again, his name was invoked by cassidy hutchinson when he testified before the january 6th committee and said tony ornato told her about the experience had inside the suv on january 6th where the president demanded that the agents take him up to the capitol on that day, they refused to do it. she said she was told that president lunged for the steering wheel and grabbed an agent by the neck. while some disputing of that, no

one in the secret service has disputed president trump was furious in that suv that day and demanded to go to the hill. the reason this is all notable is because we've now learned that tony ornato is retiring after 25 years with the service. he text the me he's going to be pursuing a job in the private sector, which we don't know if that would be with mr. trump but no indication that is the case, and i just spoke to him via text a couple moments ago and asked him if whether, in fact, he would be communicating with the january 6th committee going forward, and he says he still plans to cooperate. he would not say if he's been interviewed by them since hutchinson testified, even though the department said he would be readily available to do so at any time. he says he's prepared to testify before the department of homeland security's investigators as well. the date including the 31st has been agreed to. >> thank you so much. the governor of mississippi issued a state of emergency and activated the national guard because of the water crisis in

the capital of jackson. this will be familiar because we've covered a story like this before. residents have not been able to drink the water since july, at least not without boiling it first. many don't running water at all. the problem stems from the city's water treatment plant which was not capable of filtering a surge in floodwater. nbc's stephanie gosk has the story. >> reporter: in jackson, mississippi, school drop-off isn't just for the kids. it's also for the water. the entire city is facing a boil water notice again. >> we're told don't wash your hair with the water, don't brush your teeth with the water. >> reporter: lakeisha worries about her 8-year-old. >> is she going to walk over to a water fountain and drink from that water fountain. >> reporter: signs are up at the middle school and they've been there a long time. >> you can't remember a time when the kids could use the water fountains in the school? >> i can't remember. >> reporter: george has taught here for six years. a predominantly black, low

income school, on top of the challenges water quality and water pressure are a constantly battle. >> we had to shut down for about two weeks. >> when. >> maybe a year or two ago. >> in the middle of the pandemic? >> absolutely. >> reporter: class went virtual. kids fell further behind. >> we have many students who consider some of our -- our most vulnerable students that virtual learning does not help them. >> reporter: the problem here is failing infrastructure. this is one of two water treatment facilities in jackson and the one largely to blame for the recent citywide boil water notice. officials still can't tell people when the water will be safe to drink again. in 2020 an epa report cited problems with the water system including failure to replace lead pipes, faulty monitoring equipment, inadequate staffing. >> there's been a failure to recognize this as a unified problem, you know, as a problem both on the state and even at times the federal level

understanding that we live in aging america. >> reporter: chokwe antar lumumba is jackson's mayor. >> if i could write you a check to fix the problem how big would that be? >> for the water system alone it would have to be in excess of more than $200 million. >> reporter: pastor c.j. rhodes father of twins has watched many in jackson lose faith in their leaders. >> i don't think our congregation is the only one that feels that way. talk to people across the city, many are livid and want to vote people out. >> reporter: not far from the surface concerns that racial inequities could be to blame. >> i am concerned about my city, filled with residents that look like me. i think this is an opportunity to change the narrative of what mississippi is known for. >> reporter: that can start, he says, providing the most basic of needs, water. stephanie gosk, nbc news, jackson, mississippi. >> joining me is a resident and restaurant owner from jackson,

mississippi. we covered the last water crisis a few years ago in jackson where it seemed racial disparity was at play there. what's it like having a restaurant, trying to run a business in the tight times when you have to boil water for everything? >> these are tough times. i want to say thank you for having me, first. but it bleeds into your profit. we're spending 300 to $500 on ice, bottled water, canned soft drinks. compile that with the labor shortages, rising food costs, supply chain shortage, it's tough. >> you even have to boil water to wash the dishes, am i right? >> yes. you have to boil water to wash the dishes. we have to really start service a couple hours early just to stay in compliance which the health department. >> that's wild. how do you survive off that? you said it's tough times. what do you do to keep going?

>> first, we have the utmost respect and confidence in our leadership and our elected officials, but is no the time to collectively -- now is times to come together to fix this problem because it's fixable. >> you say it's fixable and you have confidence in them. do you have a time frame? >> we know it's economic but from a federal, state and local level, it's a joint evident that needs to help to get clean drinking water for the citizens of jackson. >> what's your restaurant's name? >> johnny t's bistro and blues. >> everyone go out and give him some love and help him get through the tough times. appreciate your time, sir. >> absolutely. >> up against a hard clock. i have to say goodbye. thank you and good luck. >> thank you. that's going to do it for me today. hallie jackson picks up our coverage next.

deadlines and decisions as we come on the air with right now the justice department getting ready to make its case about a so-called special master, somebody independent to come in and review documents found during the mar-a-lago search. the judge saying she's inclined to grant the former president's request so can the doj convince her not to? we're waiting for that filing to drop possibly any minute. just about 15 minutes from now, president biden is set to speak in pennsylvania. see the microphone he'll take on the left side of your screen, trying to flip the script on republicans ahead of the midterms with a law and order message, that would include federal law enforcement like the fbi. we'll talk about what to expect and where else the president is headed ahead of the midterms. stocks taking a tumble for a third straight day with wall street worrying about another interest rate hike from the fed. we're live with the context you should know. we're live overseas where an international team is on the ground ahead in kyiv ahead of