♪♪ as we come on the air, the next show could drop any minute in the investigation into former president trump. just a few more hours until their deadline, team trump's deadline to respond to that bombshell doj filing that gave us a lot of new clues about that investigation and what crimes may, may have been committed. we've got new reaction from some key republicans as we're live with what you should know about what happens next. also this hour, the newest witness to appear in front of the fulton county grand jury today, john eastman, the main architect of the strategy to keep former president trump in power. why his team is comparing him to john adams and ruth bader

ginsburg. one of the capitol police officers finishing testimony here in washington, taking the stand during the trial of accused rioters. we're live at the courthouse with his emotional testimony and how the defense tried to make its case. i'm hallie jackson in washington with a busy news day for you. i want to bring in julia ainsley, congressional investigations reporter for "the washington post," along with former u.s. attorney and deputy assistant attorney general harry lipman. let's run through what we are learning from this filing. it's a lot. we've been talking about it a lot. here it is in one place, right? documents were probably concealed and removed before the fbi search at mar-a-lago. it reveals more than 100 classified documents were found on that day, august 8th, twice as many as mr. trump's lawyers turned over when the fbi first asked them to do. three classified documents were found in mr. trump's office

including some so sensitive that investigators needed additional security clearance to review it. even the agents who showed up needed to get their security clearance boosted higher to look at them. we know a lot of other pieces of information we're going to talk about in a second. these are the headlines. julia, i think there's a couple of key questions here. number one, and harry, i'll have you jump in on this too, if any crimes were committed, what are those crimes and it seems like this filing points to two of them suggesting but not proving that obstruction of justice is a factor here and lying to the fbi is a factor here. >> that's right. and they say, hallie, that this isn't just a matter of presidential records. these are things that he could be charged with. these are statues that allow the fbi to get into mar-a-lago and do this search because they needed to see if there is evidence of a crime. we should talk about the fact that the former president has been involved in a number of incidents. we've been talking for five years since the mueller

investigation began, over five years, about a number of things that trump has been investigated for but so far he's a free man again. so doj needed to create a road map to show how serious this is and why they took this unprecedented step. they talk about the fact that lawyers involved in this case said they handed everything over and they did not. they talked about how he could be charged under the espionage act. because of the way he took care of this defense information that could have national security implications. they also talked about how there seems to be evidence that some of these documents were purposely moved to another location. they took them out of the storage room where lawyers said they would all be contained and they were moved to another location. as you mentioned, they found three classified documents just in that desk in his office. and so now they're pointing out all of the ways here that the former president didn't just mishandle things that he thought were his and really they belong in the national archives, but there are serious crimes that he

could be charged with and that is the reason why they took these steps and that's the reason why a special master in their argument shouldn't be appointed because this investigation has already gotten far past that point, they've gone through these documents, handed them over to investigators, they're now looking through for evidence of crime, and handing them over to the director of national intelligence to see what damage might have been done to u.s. intelligence assets. that's where they are now and they say bringing a special master in could not only slow down this investigation but have real damage and that's what they want the judge to know, hallie. >> the trump team has until 8:00 eastern tonight to respond to all of this. how do you respond them to do something. >> it's something we're currently trying to figure out especially as this issue of obstruction which julia pointed out is such an overwhelming theme in this filing. and i think, you know, what it suggests and very strongly

indicates is that criminal exposure is not limited to the former president but anyone including trump's lawyers who are representing him in the handling of these documents and that this question of whether or not these people, two members of his legal team at least in this moment, knowingly made any misrepresentations deliberately made those misrepresentations and had an intent to lie. but, again, trump and his team continued to sort of put forward this spin that this is a presidential records act case that the doj is trying to sort of -- as one person put it with trump's legal team thinking, jam a square peg into a round hole. but countless legal experts that we have spoken to and as julia noted just the footnote in the filing have said that if this was a presidential records case, we would be talking about maybe a few gifts that the former

president accidentally took with him. this is very clearly not that. this is extremely sensitive information that could have serious consequences for unauthorized national security disclosures. >> and the justice department made that clear in these filings. we talked 24 hours ago when we were anticipating the drop of this particular document, what breadcrumbs we may find. there are slices of bread in here. the doj is saying what they mean here and i want to explain this. they talk about how they believe the government records were likely concealed and removed from this one room at mar-a-lago and effort were likely taken to obstruct the government's investigation. they're not hinting at obstruction. they believe that efforts were likely taken for that to happen. when you talk about this other potential criminal culpability piece of it here, lying to the fbi, they say that the search that trump's team did cast serious doubt on the claim that they had initially made that there was a diligent search. what stands out to you here and

if you are donald trump's legal team, what are you doing now at 3:00 eastern to try and put yourself in a decent position moving forward? >> you know, we have an entire bakery and every crumb of it comes about because of trump's filings. were it not for him and what he did starting with the search, all we would have known is that they went into reclaim important documents. but he said we want transparency. boom, we get the affidavit. he asked for a special master, completely legally unprecedented, boom, we have all of this information. if i'm them, i'm trying to follow the principal of first do know harm, but they've done that very poorly to date. in particular, they seem now to have retreated to something he's done occasionally back and forth, all of these were declassified by my magic wave of a wand.

first, it doesn't seem to have happened. second and most important, it wouldn't matter. they very carefully did the warrant and the charging of crimes around that -- >> explain that piece. >> yeah. >> elaborate on that. sure, make your third point. >> they actually put in in the filing, hey, he never said this before. you know, they actually put kind of a slap on him and saying he didn't say it before, this is obviously post hoc. what would be i be doing now? i would be somehow trying to come up on the legal side with some reason why he's got an interest. these are not his documents. he's a citizen. the first question out of her mouth should be, do you dispute that the department of justice says you don't have any interest in these at all and that really shuts down everything. and all the facts are just -- not gratuitous, but sort of additional information for us on and the whole public and they are damning.

>> you look at the -- in totality, the documents that the federal government, that the department of justice says were found at mar-a-lago and we can show you here in january, 184 documents, in june 38 documents, 100-plus documents obviously in this search in august. it's the documents that i think caught -- particular attention of some republicans on capitol hill. we are hearing from the top senate republican this afternoon, mitch mcconnell, obviously it's august recess, as people who live around washington know. so senators, house members are back in their home states and districts. but one of the locals, i think, caught up with mitch mcconnell. i want to play what he had to say. listen. >> i didn't know if you had a chance to review anything from this morning, the doj's report -- >> i don't have any observations about that. >> okay, he doesn't have any observations about that. he is not saying much. but that kind of says a lot about where republicans are right now. >> that's right, hallie.

we just saw and heard how enthusiastic mitch mcconnell is about discussing donald trump. and that is not at all. what trump and his most loyal followers want is for republicans to carry his water to promote his narrative that he's been politically targeted here and the evidence just does not back that up. all the new evidence that keeps coming up, the new shoes that keep dropping, promote the idea that this was in fact a by the book operation and the second reason is, mcconnell's number one, two, and three goals right now are to capture control of the senate this fall and he does not view donald trump as helpful to that goal. one republican strategist i spoke to mentioned every time donald trump is in the news, it plays into the hands of democrats because it makes it harder for republicans to make the election a referendum on president biden right now. it reminds voters that donald trump is still out there, still -- largely in control of the party. and beyond that, this person said every time trump resurrects himself in the news, it

motivates the democratic base. beyond that, it's not just democrats, it's also independents who seem to be taking note of this. president biden's approval rating rose by six points just in the last month. most of that shift came from independent voters who registered a nine-point increase in approval of joe biden. it's biden's favorite line, don't compare me to the almighty. compare me to the alternative. there's evidence that this is playing out in senate races as well. a recent fox news poll taken in august found that arizona voters are more concerned by the republican candidate blake masters' association with donald trump than they are with mark kelly's association with president biden. it's astonishing to think that we're looking at a midterm elections that could in some ways be more about a defeated former president than the current incumbent president. >> if we're talking about politics, i have to ask you, and there's reporting out from bloomberg talking about this long-standing custom or policy of not taking investigative

steps within the 60 days prior to an election. that would be in a couple weeks from now in early september. what is your sense of how real that is, whether they could continue working on the investigation and the lead up to election, given that donald trump is not on the ballot formally, right, although the trump factor is at play as it relates to november. >> yeah, judgment call, i think it will apply here. he's not on the ballot. what it says, hallie, is you don't take any overt action. they can do plenty of investigating. in fact, that's what they would be expected to do now. they already told the court the investigation is in its early stages. they'll do all that, but i think it will preclude any actual filing of charges. as would the natural lifespan of the investigation which has to go a fair bit more until they're ready to ask a grand jury to return an indictment. >> thank you so much to all of you for your excellent reporting

as always. appreciate it. i'm sure we'll talk again soon. we have more to get to, including taking you live to mississippi where we expect an update from officials on the water crisis there with day-to-day life basically shut down in that capital today. here in washington, new comments from the head of the january 6th committee teasing what we can expect next in their investigation. first, a big development in georgia's election investigation with a one-time member of former president trump's legal team testifying in front of the grand jury. we'll talk about what we know and the line that has a lot of eyebrows raised, shall we say, coming up. ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ aleve x. its revolutionary rollerball design delivers fast, powerful, long-lasting pain relief. aleve it, and see what's possible. announcer: type 2 diabetes? discover the power of 3 in the ozempic® tri-zone. in my ozempic® tri-zone, i lowered my a1c, cv risk, and lost some weight. announcer: ozempic® provides powerful a1c reduction. in studies, the majority of people reached an a1c under 7 and maintained it. ozempic® lowers the risk of major cardiovascular events

such as stroke, heart attack, or death in adults also with known heart disease. and you may lose weight. adults lost up to 14 pounds. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. join the millions already taking ozempic®. ask your health care provider about the ozempic® tri-zone. announcer: you may pay as little as $25 for a 3-month prescription.

as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network with no line activation fees or term contracts... saving you up to $500 a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities.

new today out of georgia, just this afternoon, another member of former president trump's legal team popping up in fulton county. attorneys for john eastman confirming that he appeared in front of the george investigating possible interference. he probably didn't say too much

since they advised him to take the fifth. you'll remember, i'm sure, that eastman was one of the central architects of the strategy to keep then president trump in power after he lost the election. eastman's attorneys today slammed what they call the criminalization of unpopular legal theories comparing their clients to john adams, ruth bader ginsburg and thurgood marshall. it's that quote that's getting attention here. what eastman did is not simply -- the argument goes unpopular. it may have been an illegal plot. that is what georgia is investigating. was there an undue plot to change election results essentially. tell us more about what you know. >> it's not just georgia investigating john eastman who is a very conservative constitutional law specialist who is advising the trump campaign and he was the chief architect of the plan to block

congressional certification of the 2020 election and to put fourth alternative slates of electors in a bid to do that. you'll recall that the justice department executed a search warrant in june and seized eastman's phone and that eastman figured in those public hearings held by the january 6th committee and we all remember that former deputy white house council testifying that he told eastman to get a good criminal lawyer because he was going to need one. eastman's connections from the georgia investigation come from records that show he was in contact with records. they said that eastman has inside information about how all this alleged interference in the election in georgia in 2020 went down and that he's a witness in this georgia case, not a target. as you mentioned, his lawyers are saying they took the fifth in response to these questions and they, of course, accused the da of criminalize disfavored legal theories. >> thank you so much for that. the latest in georgia.

just in the last hour here in washington, emotional testimony wrapping up from a 17-veteran of the capitol police who faced rioters on january 6th. testifying in the trial of three january 6th defendants, describing what he experienced as hundreds of rioters charged towards him on the steps of the capitol. that testimony happening as the chairman of the january 6th committee is seeing not only a new phase of the investigation, but keeping open the possibility of calling former vice president mike pence to testify before them. gary, let's talk, first, about the sergeant who was at the courtroom, took the stand today and basically said he was ready -- he was prepared to die if he had to, to give his life on the day of the insurrection. >> yeah, this is a really interesting trial, hallie, because it's a bench trial. there's no jury. the only person you have to convince is the judge. and there's multiple defendants all in the same location on the

west front of the capitol and charged among other things assaulting law enforcement officers. now law enforcement officers are testifying against these defendants and we're hearing a number of quotes, i want to read a quote to you. we didn't know how many of these people in the crowd were armed. my fear was if i used lethal force, would i respond in kind, therefore creating a bloodbath that we were outnumbered. he said he had a number of injuries and he couldn't stop to take care of himself because he says he knew what was at stake. he knew what was going on inside and who was inside and he was willing, as you said, to die that day. he said that and there was not much reaction in the courtroom because there weren't many people in the courtroom because, of course, there was no jury there. but i continue to find it remarkable, hallie, how much evidence that the government uses was taped by the defendants themselves. this is not security camera footage. this is high-definition footage taped on cell phones and video cameras from people who were inches from the people we're talking about here, hallie.

>> gary, thank you for that update. appreciate it. betsy, let me turn to you here. we have this new information from chairman bennie thompson who said that they had a conversation today, the vice chair and himself, liz cheney and bennie thompson. the vice president's name came up, ginni thomas' name came up. they're pointing to a committee meeting tomorrow and adding no person is off limits. what is interesting, it's clear that the work is continuing and that it is still an open question of whether they do or don't want to call in mike pence here. >> and it's particularly notable because pence himself has said that if he gets a phone call or an email from the select committee, that he'll at least take it into consideration. he has not signaled whatsoever that he would instantly stiff arm any efforts on the part of the committee to try to get cooperation or some level of testimony or information-sharing out of him. so this does present, of course,

one of the most high-stakes and complex issues for the committee. pence, of course, knows more than almost anybody about the pressure campaign that trump directed against him. there was a phone conversation the morning of january 6th between jump and pence. multiple people were in the room with trump during that call, but pence was by himself. only pence knows what he said when trump made that last-ditch effort to try to get him on board with this scheme that the president at the time had been trying to push. the question for the select committee is, is it a bridge too far to try to bring a former vice president? what's interesting at the same time, though, there are a whole bunch of bridges that had not been too far for them. most notably, subpoenaing a large number of acting republican members of congress. pence is not in government anymore. he's a private citizen. the fact that they haven't decided how to handle him is notable. >> there's also the time factor

here, betsy. you know this well. they do not have, you know, infinity days and weeks and months to wrap this thing up. we are expecting more hearings this coming month, right, september is, what, tomorrow, this week, more hearings in the next four or five weeks potentially. what else do we know about that and the way that this time pressure is factoring into the committee's work? >> the time pressure clearly hasn't done enough to make them reach decision points on pence and on ginni thomas. however, what thompson has signaled is that there have been conversations at the committee level about the recommendations that they're going to put forward and that's the topic where the time pressure is just the highest and the most sensitive. putting forward legislative recommendations is going to be one of the biggest actual legacies that this committee leaves behind. one of the questions people will ask when they look back at this, 5, 10, 20 years from now, what changed in the way the u.s. capitol building was secured, the way the u.s. government

protected leaders, the way that we handled these types of transitions of power. did congress change anything? did the select committee result in concrete changes that made this country more secure? if they don't put together legislative recommendations, get bills on the floor, and at least take, you know, their best possible effort at making changes to make this country more safe, that's something that will be part of the story that the historians put together about this committee's legacy. >> awesome. thank you so much for your great reporting. thanks. still ahead, fox news' host sean hannity set to be deposed today in a billion dollar lawsuit over the network's election coverage. the water situation getting worse in mississippi. what's being done about it and how long is this going to last? we're live in jackson coming up. t we're live in jackson coming up.

this... is the planning effect. this is how it feels to have a dedicated fidelity advisor looking at your full financial picture. this is what it's like to have a comprehensive wealth plan with tax-smart investing strategies designed to help you keep more of what you earn. and set aside more for things like healthcare, or whatever comes down the road. this is "the planning effect" from fidelity. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health.

versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein.

♪ music (“i swear”) plays ♪ jaycee tried gain flings for the first time the other day... and forgot where she was. [buzz] you can always spot a first timer. gain flings with oxi boost and febreze. so in just about 30 minutes from now in mississippi, the mayor of jackson is set to give an update on the city's water crisis as president biden is getting more involved today. here he is, picture of him that was tweeted out by the white house team of the president calling the mayor and declaring

a state of emergency in mississippi overnight. right now nearly 200,000 people in jackson still have no access to safe water. officials still can't say when that's going to change. these people have to stockpile bottled water. some businesses are shutting down for now. schools in jackson -- listen, kids can't even go to school. they're virtual at this point because of the flooding we saw earlier this week that shut down the city's already unreliable water system. the mississippi governor says there's no end in sight to this crisis. we're on the ground covering this. this is a problem now, but it's also like an urgent, immediate problem, it's also a systemic problem. how can it be that one of the capitals of a state in this country that has been repeatedly plagued by water crisis is dealing with this now? >> reporter: hallie, that's exactly what one would think when you come to the city and you talk to the residents. we spent some time talking to people in different neighborhoods yesterday and almost every person we spoke to

did have some water. little water, some say the pressure comes and goes and it was almost okay for them just to have a little bit of water. because they've been dealing with issues for a very long time. the current boil water notice has been in place for a month. that's something that they've gotten used to. it is sort of incredible for someone who comes to a different part of the country and say, well, we've always had these water issues. with the federal government involved, the state government, we expect some major changes at this plant behind me. this plant provides most of the water for jackson. this is the plant that failed after the flooding. but already had issues from before. the mayor did say that these issues existed with the infrastructure, with the personnel that they have with the plant, the state government has now sent some experts in there. they've identified issues with the plant and with a smaller water plant that supplies some water to jackson.

there's major work to be done, investment, equipment, the epa says they're going to work with their partners to facilitate some of that equipment that will be coming to the this area. but we don't know the specifics like when will the water be restored. we know people have been dealing with issue. they have to stockpile water. we spoke to a woman, a mother of three who said half of her kitchen was full of bottled water and then she took us inside and showed us what it's like living under these conditions. here's part of the conversation we had with her. >> we've had to boil water to cook, to wash dishes, you know, pretty much to brush our teeth. we have to have a -- boil water and put in a dispenser. it's been hectic. but we're making it. >> so this was coming into the emergency, everything she's describing is what they have been going through for the past few weeks. in fact, during the weekend when we had the flooding, she said they have to go shower at a friend's place because they had no pressure at their place. now, i will say that the pressure comes and goes for a

lot of people. they're waiting for changes. meanwhile, others who have absolutely no pressure are going to these distribution centers to get water. we're informed that the national guard is going to start helping. but today the national guard told us they will start tomorrow. they're still putting a plan together to come in with the water that the people need now because some residents were turned away yesterday after they waited in line in these distribution centers ran out of water. two things going on, the repairs at this plant that could restore the system, and the water distribution inside the city for the people that need it the most, hallie. >> live for us there in mississippi. thank you. i want to bring in steven o'neil, the owner of two restaurants in jackson and thank you so much for being with us today. neither of your restaurants have running water. how are you doing? >> it's been a heck of a day. again, being a jackson resident and a longtime jackson business

owner this isn't the first time we've experienced this. we're used to the boil water notices. we've even had no water outages such as last year when we were hit with a major freeze that swept across the southeast wreaking havoc from houston all the way to georgia. that shut down our water plant and kept us without water for about 10 or 12 days last year. we developed protocols during that time relying on friends and people and businesses with our portable toilets, put those things in place so he could remain open during these times of no water. >> i want to play something that governor reeves said about the timing of this and the water crisis that you and people in your community are facing. watch. >> this is not a situation that's going to be solved immediately and it's not going to be solved overnight. >> not going to be solved immediately, not going to be

solved overnight. how long can you do this, mr. o'neil? how long is this sustainable for you as it stands with the status quo? >> it's extremely difficult. as a business owner, i can sustain as long as i can which is for the survival of my business and my family. but for my team members, it's becoming ever increasingly difficult where we're losing team members, we have a labor shortage already and it's getting harder and harder to keep people who want to work in the city of jackson when they don't even know if they can show up for work due to a water outage which affects them being able to pay their bills. they're now seeking employment in outlying counties and areas. >> you talked about how this is not the first time you've dealt with a crisis although this one is severe. what is your message to officials who say it was only a matter of time before this already weak water system failed like this? >> i guess thank you for finally banning together.

again, i hope the federal government is stepping in. i appreciate the state government stepping in. the city of jackson is in dire need of help and it's not just the restaurant businesses. it's the education system and the residents of the city. i myself am a resident and i feel horrible for the team members who live in the city and my fellow citizens who are having to deal with this and travel to friends houses or go to gyms to take showers and do things for places that have water. >> steven o'neil, owner of the manship, a restaurant in jackson, mississippi, thank you so much for being with us. i know a lot of people around the country are hoping that things get fixed very soon. appreciate the time. >> thank you. coming up, u.n. inspectors are about to get a closer look at europe's biggest nuclear power plant caught in the cross-fire in russia's war in ukraine. why their inspection could last for days next. last for daysex nt.

in a recent clinical study, patients using salonpas patch reported reductions in pain severity, using less or a lot less oral pain medicines. and improved quality of life. that's why we recommend salonpas. it's good medicine. moderate to severe eczema still disrupts my skin. despite treatment it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day, that's effective without topical steroids. many taking rinvoq saw clear or almost-clear skin while some saw up to 100% clear skin. plus, they felt fast itch relief some as early as 2 days. that's rinvoq relief. rinvoq can lower your ability to fight infections, including tb.

serious infections and blood clots, some fatal, cancers including lymphoma and skin cancer, death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq, as serious reactions can occur. tell your doctor if you are or may become pregnant. disrupt the itch and rash of eczema. talk to your doctor about rinvoq. learn how abbvie can help you save.

right now united nations inspectors are in zaporizhzhia getting ready to make an unprecedented trip through a war zone to finish -- to visit ukraine's biggest nuclear power plant. it's occupied by russian forces. their mission is important and urgent. they want to try to restore stability and avoid some kind of nuclear catastrophe. after weeks of shelling near the plant. megan fitzgerald is live for us on the ground in ukraine. talk through the top priorities here for these inspectors as they're set to arrive. >> yeah, hallie, when they go inside this facility tomorrow, the biggest mission here is to try and prevent this nuclear accident from happening to where we could then see this nuclear catastrophe seeing this radioactive material leaking out of this plant. so they're going to be inspecting it, looking at everything from the structural integrity of the facility, they're going to be pays close attention to the damage that's been done over the last several

weeks. we've seen shelling and fighting in the area, hitting the nuclear plant itself. knocking it offline. so there's a lot of damage here that they're going to be paying close attention to and they'll make recommendations on what needs to be done so we don't see this nuclear catastrophe that we've been talking about for weeks. the other piece of this puzzle is they're going to try to speak to these employees that are inside the facility. these are ukrainian employees, many of them, who have been working at gunpoint according to the ukrainian officials. but there's a lot of questions here as well. will they be able to speak candidly to these employees, will they be able to speak to them freely without the watchful eye of guards who are there. the general talked earlier today and he seems confident that they'll be able to accomplish the mission. take a listen to what they say. >> do you believe the russians will let you see what's really happening at the plant?

>> we are a team of very experienced people. i'm bringing here the best and the brightest in safeguards, in safety, in security. and we will have a pretty good idea of what's going on. >> yeah, so these teams of 14 inspectors are going do he went they can to get to the bottom of what's happening here and the world will be waiting for that report to understand if this plant is able to avoid a nuclear accident. hallie? >> megan fitzgerald live for us in kyiv. thank you so much. still ahead, nbc news getting new audio from dr. oz, audio that may have an impact on that pennsylvania senate race. what oz is saying about abortion and how that could affect the senate. coming up. at could affect the senate coming up.

age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein.

["only wanna be with you" by hootie & the blowfish] discover is accepted at 99% of places in the u.s. ["only wanna be with you" by hootie & the blowfish] (dad) we have to tell everyone that we just switched to verizon's new discover is accepted at 99% of places in the u.s. welcome unlimited plan, for just $30. (daughter) i've already told everyone! (nurse) wait... did you say verizon for just $30? (mom) it's their best unlimited price ever. (cool guy) $30...that's awesome.

(dad) yeah, and it's from the most reliable 5g network in america. (woman) for $30 a line, i'm switching now. (mom) yeah, it's easy and you get $960 when you switch the whole family. (geek) wow... i've got to let my buddies know. (geek friend) we're already here! (vo) the network you want. the price you love. only from verizon. only at vanguard, you're more than just an investor—you're an owner. we got this, babe. that means that your dreams are ours too. and our financial planning tools can help you reach them. that's the value of ownership. bubbles bubbles so many bubbles! as an expedia member you earn points on your travels, and that's on top of your airline miles. so you can go and see... or taste or do absolutely nothing with all those bubbles. without ever wondering if you're getting the most out of your trip. because you are.

hi, i'm debra. i'm from colorado. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life. new audio just into nbc news featuring pennsylvania republican senate candidate mehmet oz at a campaign in may. >> why do you care what age their heart starts beating at? it's still murder. >> the oz campaign says in

response, dr. oz is prolife and supports exceptions for rape, incest, and life of the mother. quite the contrast from john fetterman. at a debate back in april, fetterman said abortion is not between me and any politician. the backdrop of all of this, what's up with the potential debate. what's interesting about the comments from oz are that they happened during the primary fight that he was in, right? and this feels of a piece with some of what we've heard from a couple other key republican senate candidates who have seen the way, right, and are looking at the way that the abortion access debate has taken on a new shape after the downfall of roe. >> yeah, all of this is taken in light of that new landscape. look, there are only a few inflection moments that we have

electorally so far on the role that productive access is going to play in 2022. look, it's clear from kansas, from the delgado district in new york and when you see the ballot starting to level out, what's clear is that reproductive access is definitely an energizer on the democratic side of this in an election cycle where we thought that republicans were going in with an edge and now we see them in several of these marquee senate contests having to play defense. whether it's oz making these comments that he said in may during a town hall that we've obtained where he said abortion at any stage is still murder or we have other republican candidates across the country, including blake masters who is going against mark kelly in that arizona senate race where he changed his website to remove the stance on abortion and that's something that we've seen from candidates across the country, frankly. even as republicans are trying to paint democrats as extreme on this and you mentioned the way the oz campaign is doing that, democrats are having, i think,

an easier time painting republicans as extreme on this because we've seen democrats across the country leveraging this idea of freedom, something that republicans have been successful at leveraging, but now democrats are using it in their messaging around abortion access. >> when you talk about oz and fetterman, you got to fetterman, too, you have to talk about this whole debate kerfuffle and oz wants to debate fetterman and a list of concessions. oz promises not to hurt fetterman's feelings and we'll pay for additional medical personnel and fetterman is recovering from a stroke as he acknowledged he's focused on his recovery and is not taking this quote, unquote offer very seriously. here's oz on fox saying i was not actually making fun of fetterman. watch. >> were you making fun of his health? >> of course, not. i've given john fetterman time rouse opportunities to make it

easier to debate he's given numerous reasons including that he did not have time on his schedule. i'm of the opinion he's hiding his radical views. >> fetterman's campaign argues that this is not a good faith offer from oz. >> it goes to whether or not they'll hold the debates that oz is pushing for and fetterman is saying he's not going to engage with because, he says of the way the oz campaign has repeatedly ridiculed the fact that he recently had a stroke. that is, though, one of the things that eventually fetterman is going to have to answer for voters. we've already seen election cycles where a candidate's health scares in the midst of the campaign have to be explained and answered for, bernie sanders was running for president and he had a stroke -- i'm sorry, he had a heart attack and now fetterman having been in a position of having a stroke and that's something they'll have to speak to. from the perspective of the oz

campaign it makes sense why he'll want debates and at the same time for right now it doesn't look like there's a consensus those debates happening any time soon. >> ali vitale, thank you for that report. good to see you. >> some of the biggest names at fox news are being deposed in this billion dollar defamation lawsuit including the latest one, host sean hannity. he is set to be questioned by voters of the dominion voting systems that's accusing fox of pushing false conspiracy theories stuff like this. >> this election, a lot of strange things happened, and dominion software. in venezuela with cuban money and with the assistance of software, a back door is capable of flipping votes. >> again, dominion obviously saying they're being defameded

by comments like that. they describe as conspiracy theorist records tucker carlson and janeane pirro were deposed. >> the network remains committed to defending itself. danny zevalas is here. dominion from the jump and i've been reporting that they had been in hot pursuit, i think, of this defamation issue. >> fortunately for dominion they have easily accessible transcripts of exactly what these fox news hosts said and they can confront them at the deposition and likely they're asking the question, was this your idea to have this guest when this guest stated what they stated. did you believe it to be false or did you know that it was false when you asked them and allowed them to come on and give those statements that dominion claims are false?

it's an interesting thing. sorry to break the fourth wall here. >> break it! >> it's an interesting question for anchors, who is making the statement when they're reading teleprompters as judge pirro clearly was there, is it the line producer or is it the actual anchor who is writing the script? it's an interesting concept, but of course, the person that they're going to name and go after is the anchor who is making those statement, but this is not a slam dunk for dominion because fox is going to argue that number one, that the first amendment protects them and number two, they were reporting on a newsworthy event and that newsworthy event were these claims of fraud and merely by having these guests on, fox will argue they were covering something so newsworthy, this is something the then-president was claiming so they were covering as was their journalistic duty. >> the only reason we showed some of that, danny is because those statements that we just played are central to dominion's

case and it's stuff like that that dominion is pointing to and in a filing it has the receipts, basically. they have internal emails and internal texts sent by fox employees that they say fox knew that these lies were false. fox denies this. they say dominion cherry picked this evidence. how hard is it to prove defamation? >> mostly because most defendants who defame people aren't deep pockets. they don't really have money to pay a judgement, but this is a defendant that can meet that judgment entered against him, but they are generally difficult to prove because you have to prove the falsity of the statement or the reckless disregard or negligence in making that false statement. so you have to prove that fox made the statement as opposed to their guests making the statement and prove that it is false. if they have internal emails that can go a long way to showing that hey, these are the people on that show's team that

were made aware that this was potentially false and knowing that they proceeded, they went forward, they persisted and that's the kind of evidence that could be a real smoking gun in a defamation case. >> danny cevallos, thank you for your time. >> thanks for watching this hour of msnbc. another busy day. you can find us on twitter@hallieonmsnbc. >> tonight and every week night for show number two at 5:00 eastern. "deadline: white house" starts right after this quick break. "deadline: white house" starts right after this quick break

kickstart your fall refresh with wayfair's labor day sale. shop indoor and outdoor area rugs up to 70% off. cooking must haves up to 60% off. and kitchen and bathroom upgrades from $19.99. shop our labor day sale now through sept 7th. i could've waited to tell my doctor my heart was racing just making spaghetti... but i didn't wait. i could've delayed telling my doctor i was short of breath just reading a book... but i didn't wait. they told their doctors. and found out they had... atrial fibrillation.

a condition which makes it about five times more likely to have a stroke. if you have one or more of these symptoms irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue or lightheadedness, contact your doctor. this is no time to wait. ♪ ♪ ♪ ♪ ♪ ♪

hi, i'm denise. i've lost over 22 pounds with golo ♪ ♪ in six months and i've kept it off for over a year. i was skeptical about golo in the beginning because i've tried so many different types of diet products before. i've tried detox, i've tried teas, i've tried all different types of pills, so i was skeptical about anything working because it never did. but look what golo has done. look what it has done. i'm in a size 4 pair of pants. go golo. (soft music)

♪♪ ♪♪ hi there, everyone. it's 4:00 in new york. the clearest picture yet of the criminal investigation into the mishandling of government documents by donald trump thanks to a stunning late-night filing by the justice department. it's in response to the ex-president's request for a so-called special master to review all of the materials seized in the search at mar-a-lago. prosecutors lay out how a straightforward, and on their part good faith effort to retrieve trump's records turned into a criminal probe with potentially historic consequences. one particularly significant moment in the investigation took place just a few weeks ago after trump was served with the grand jury subpoena for his records and his attorneys met with investigators