i'm yasmin vossoughian in for chris jansing. good to see you. a lot of breaking news this hour, everybody, happening in west palm beach. something we're following. the hearing just getting started with district court judge ale lien cannon. live pictures of the courthouse there. aileen. the judge deciding whether or not the request the trump lawyers for a master. deciding what is relevant or subject to executive privilege. the department of justice saying the whole exercise would essentially be pointless, since they've already gone through the documents. late last night the former president's team responding by saying, they don't trust the

investigators saying this -- left unchecked, the doj will impugn, leak and publicize selective aspects of their investigation. one of trump's attorneys on fox news last night. >> they don't understand. something could be marked top secret, could be marked classified. the presidential records act, he would have said this is declassified. it doesn't get a new marking all the time. he's left the office. it is a complete public spectacle. >> we should note nowhere does it mention the idea of him declassifying any of these documents. in fact, the former president's team agrees in a special master should have top-secret security clearance, but here's the thing. according to dozens of pages of court documents essentially all of the new information that we learned in the last two days, about the former president and his lawyers possibly lying about these documents moving them to

keep them hidden's even think pes cher of apparently classified documents found in trump's office, all of that came out. the court filing, in response to the former president's request. in other words, had he not pushed for this special master it may not have come out of at all. i want to bring in nbc's reporter outside the courthouse in west palm beach, florida, and ryan riley, nbc's justice reporter covering this as well, and asha, served as special agent in the fbi's counterintelligence division and carol lamb a former federal prosecutor and msnbc legal analyst. welcome all, guys. thanks for joining us. a lot going on this hour obviously awaiting for a short decision on this inside the courtroom there in west palm beach. behind you, start there, set the scene for us, what we can expect from judge aileen cannon today. how quickly can this decision come? >> reporter: right, waiting for judge cannon to walk into the

hearing room right now. our producer is inside. there is no dial-in phone number, no camera inside of the courtroom. we're relying on producer maria's notes here in realtime. not clear how long this hear lg ing will last. presented in the last 48 hours a rebuttal filing by the trump team, and trump lawyers, that made the case for this special master. now the question is, the department of justice says they have already processed through all of these documents already. there is, number one, a filtered team that did set aside a few documents. they said we're protected based on attorney-client privilege and other documents made their way to the investigate everybody team and already started to be processed by doj and office of director of national intelligence working to determine the national security risk that these documents potentially would pose if getting into the wrong hands. what would the special master

do? the special master essentially could come in and retake a look at all the documents. put a hold on this process, and resample and determine if there are documents that perhaps the doj didn't initially determine to be client -- attorney-executive privilege to pull out our documents. for all intents and purposes this investigation is expected to go full-steam ahead. one other note. the trump team is claiming, not argues the documents are declassified, they're argues executive privilege is at play. the issue for that is doj pushback is, the doj is part of the executive branch, and so it is within their prerogative to be the ones that are examining and looking at these very documents. >> vaughn, you have reporting to do. let you go. as things develop, when you get more information, come back to us, if you would, vaughn. thank you for now. carol, get into arguments being made by the former president's team as released last night in the rebuttal filing vaughn was

just talking about. speaking specifically of the appointment of the special master and why they feel as if it is necessary here. let me read a bit from the filing for you, carol, if i can and have you react to it saying this -- courts assessing past requests for appointments of a special master assume rightly the search and seizure standing of review of these materials. it would seem reasonable for the court to follow the same procedure, assuring access by moving counsel to the seized material sharing an actual detailed inventory, making independent attorney/client privilege assessment and executive privilege determinations, all sports best served by appointment of a special master. carol what do you maeve of this argument? right ux and all that's developed in the last 48 hours since we thought judge cannon was leaning towards the appointment of a special master here? >> one of the problems with

trying to analyze that section is it mixes together so many different strands of arguments. they sort of conflate executive privilege with attorney-client privilege. conflate upon setian of the premises with possession of the documents, and the bottom line here is it was -- it was a fairly rambling filing by the president's team. >> yeah. >> they didn't have a lot of time to prepare it. so that's true, but -- here's what was missing. what was missing from that filing. if i were the judge and i was trying to evaluate the various, the two sides of the argument. what was missing was any declaration or affidavit from the president, the former president or someone on his legal team or somebody in mar-a-lago saying, here's what i know about how documents were kept and who had access to them. if somebody had filed a declaration saying the, there were -- there were in that room personal diaries or

attorney-client privilege documents, letters back and form between the former president and his attorneys that would give the judge something to hang her hat on. all we had, really, was attorneys sort of speculating about what might have been in there and why do they have to speculate? the former president and his team knows what was at mar-a-lago. that's the real fallacy i think of this pleading. >> not only does the former president and his team know what was at mar-a-lago we now know the department of justice knows exactly what was at mar-a-lago speaking specifically to, and asha, weigh in on this, saying this is a moot topic at this point. the documents have already been read. right? we know exactly what was at mar-a-lago. we have read through all of these documents. we no longer need the special master, because we have already gone through them and, in fact, this would just delay the investigatory process and then, of course, the process of the damage that has been done, the

damage assessment that needs to be done to the intelligence community. talk to us about that. >> yes. so the government here is addressing the court's equitable jurisdiction, what the trump team invoked. it's an fairness saying, look, they delayed. waited all of this time. that this already happened. we're already moving forward with these prophecies that implicate national security concerns and it would completely derail the process if the court intervened. the bigger point the government is making, also, is that he has no right to even make this claim, that these documents do not belong to him. >> yeah, and even in this response, the trump team is not contesting the authority of the presidential records act. they aren't saying that presidential records can, you know -- that the national archives don't own these. so the government is also saying what is the point? because if you identified, for

example, these executive privileged documents, you're basically identifying stolen documents that, you know, are going to go back to the national archives. like, he doesn't actually have any claim to them, as well. so -- i agree that the response was a little bit -- crazy, but the government is really invoking the ball ps of interests being in their favor here. >> looking for the right words, obviously there, asha. describing the response of trump's attorneys late yesterday evening. and speaking to this moment i actually have a quote here from trump's attorneys trying to make the argument these were presidential records. they belong to the former president versus the argument the department of justice makes, which is these were documents, these are doimts that belong to the government ultimately and in the former president's team's filing they say there was no question and indeed broad agreement the matters before this court center around possession by a president of his own presidential records. asha, the department of jut is is in fact saying, these are not

documents that even belong to the former president. these are documents that through and through belong to the government. hence, they must be returned to the government. >> that's right. and the presidential records act establishes that the ownership and custody of these documents is with the national archives. is the entire basis of this investigation, that they've made a criminal referral to basically get back stolen property, and this is the enforcement mechanism, and the trump team appears to believe that the department of justice can't enforce criminal laws to return property that doesn't belong to trump to its rightful owner. it's a very bizarre claim. i can only suggest -- the only explanation i can think of they just want to delay this, as far as possible. perhaps muddy up legal issues. just make things very confusing, because it's not actually a good

or cherent legal argument. poorly argued, poorlily filed, and i don't think anyone with a legal background understands what they're doing. >> ryan riley. what reporting do you have on what we can expect from what's happening right now in west palm beach? >> well, yeah. i think the key issue is going to be around the question of executive privilege and whether or not if a special master is appointed, whether or not they can address that. it would be really, really unprecedented. not typically something, it's a very unusual case to begin with, but typically special masters are about attorney-client privilege. and donald trump is, of course, very evident from everything we've seen, not a lawyer. he's a client in this situation. he's someone who would only have attorney-client privilege with someone who is his personal attorney in this matter. that was a small subset of these

documents. what the trump team is trying to do is create a wedge and i think, the discussion around here, this is right, essentially trying to seek, trying to delay the proceeding making it more broad about executive privilege. there's a famous saying, when the law's on your side you argue the law. facts on your side, argue the facts. when neither is true you pound the table. i think we see a lot of table pounding in this latest motion. they're not really contesting the underlying facts, which are extremely damning for the president, and that was all set up by the president himself, because they made this motion. they opened the door for doj to release all of the derogatory information about the president, former president, about an ongoing investigation. this isn't something doj would have put out pro actively on its own. they created the entire situation that we're in. sort of tripped over themselves. by making this motion to begin with, which isn't really going to do much for them, but it did give doj an opportunity to air

all of these facts that are extremely damning for the former president, yasmin. >> what do you make about this detail, ryan? right? in which for the last couple weeks the forrer president's team along with the former president have said i essentially did a blanket declassification of documents in my possession. that argument wasn't made in the rebuttal yesterday evening, as i spoke about when i came to my panel here. and so far as the former president's team also went on to say that -- the special master should have top-secret security clearance. why would he need that if all of these documents are in fact declassified? >> yeah. declassified, this should be open to the public. you can't declassify something for yourself. wipe that sort of argument that trump's team made there was some or the of standing order anything brought back to the residence was declassified automatically, sort of a bizarre and lose chris and crazy.

that's not how this process works. you need a contemporaneous record you declassify something. the reason that allegation, that trump declassified a bunch of documents wasn't made in court, because it's a court of law. it's not true socially. you can't just throw out garbage and expect to do fly. can't make assertions in a court of law and we with didn't see that coming from the lawyers, because there's no factual basis or evidence of that other than a breitbart news story that came out after the fact and kash patel made that allegation in that breitbart story, ultimately made its way into the, into the search warrant affidavit that was unsealed just last week. >> carol, 30 seconds left. take a look at the courthouse in west palm beach, what are you expecting? >> hasrd to say what to expect in an unprecedented situation. al let me say this -- end of the day, this motion for

a special master is not that consequential to the department of justice. here's what i would expect. i would expect that the, even if the judge says, yes, i'm going to appoint a special master to look over anything that the fbi's team said may have been attorney. >> alicia: -- attorney-client privilege all of. >> reporter: they don't need to look at that. hair not communications between the former president and anyone else. those are pre-existing government documents. so you can see it in the government's pleading itself. at the end they kind of shrug and say, if you want to appoint a special master, go ahead. these are the conditions that we recommend. but they're not very worried about this motion. >> carol, thank you so much for joining us and i know you'll stick around. i'll speak to you later on. thank you for that.

ryan and asha, thank you guys as well. we're keep a close eye, everybody, on this hearing all hour long and back to the courthouse if in fact we hear new developments and bring them to you. another top story, the president hits primetime. what to expect during this major speech focusing on the soul of the nation. we are live in philadelphia. and a crisis in mississippi. no drinkable water for hundreds of thousands of people. we're going to speak with a chef and restaurant owner spending hundreds of dollars a day on basic needs for customers. >> it shouldn't take this long. we are the last in everything. >> grocery stores running out of food, and no water to drink. i honestly don't even want to bathe my baby in jackson's water. cerative t unpredictable,. i got rapid symptom relief with rinvoq.

check. when uc held me back... i got lasting, steroid-free remission with rinvoq. check. and when uc got the upper hand... rinvoq helped visibly repair the colon lining. check. rapid symptom relief. lasting, steroid-free remission. and a chance to visibly repair the colon lining. check. check. and check. 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 1 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. put uc in check and keep it there, with rinvoq. ask your gastroenterologist about rinvoq. and learn how abbvie could help you save.

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. ♪♪ meta portal go. look professional. ♪♪ even if you don't feel it. meta portal. the smart video calling device... - right on time! - of course. that makes work from home work for you. so, shall we get started? so... i know you and george were struggling that makes work from home work for you. with the possibility of having to move. how's that going? we found a way to make bathing safer with a kohler walk-in bath. a kohler walk-in bath provides a secure, spa-like bathing experience in the comfort of your own home. a kohler walk-in bath has one of the lowest step-ins of any walk-in bath for easy entry and exit. it features textured surfaces, convenient handrails for more stability, and a wide door for easier mobility. kohler® walk-in baths include two hydrotherapies— whirlpool jets and our patented bubblemassage™ to help soothe sore muscles in your feet, legs, and back. a kohler-certified installer will install everything quickly and conveniently in as little as a day.

they made us feel completely comfortable in our home. and, yes, it's affordable. i wish we would have looked into it sooner. think i might look into one myself. stay in the home and life you've built for years to come. call... to receive $1000 off your kohler® walk-in bath. and take advantage of our special offer of no payments for 18 months.

welcome back. so tonight the president is set to deliver a rare primetime speech coming as he steps up criticism of republicans supporting and extreme ideology that threat'ses democracy. the white house says the speech will focus on the battle for the soul of the nation. a phrase biden has been using since 2017 to rally opposition, to the former president. it comes as new polling shows a surge in public approval after a summer of legislative victories. for a preview what to expect and what it all means i bring in mike memoli and eddie glaude and welcome too you both. start with you, and this is billed not necessarily a campaign event in the leadup to the midterms but timing is pointing in that direction more of a white house event. update kind of on the battle for the soul of the nation. what the president ran on, really.

>> reporter: yeah. that's right, yasmin. this is not, for the white house, a campaign speech but clearly links back to the speech that i also covered here in philadelphia may of 2019 when then candidate joe biden held the first major rally of his campaign, described the nation as being in battle for the soul of the nation. laying out what was at risk if donald trump were given another four years in office and talking to officials and others how the president is approaching this speech tonight he describe it in terms of a status update on where the nation is, in a progress report in dealing with this. the way the president is going to try and lay this out tonight is to set an optimistic tone, to talk about some of the progress made. talk about a number of legislative successes we've seen. a number of them in a way they don't think is fully appreciated bipartisan in nature but also, too, as one official put it to me, a truth-telling speech. lay out directly and starkly as what he sees as continued

threats to our democracy and interesting, yasmin. he's going to try to speak to the promise of country if democrats, independents, and making it clear, mainstream republicans work together to continue to deal with the problems this nation faces, but also to point the finger at what he will likely call those extreme maga republicans, as he liked to call them. as he said in recent events, embraces political violence, who in his view don't support the nature of our democracy itself. walking a fine political line but making it clear the stakes of the election to come in just under 20 weeks. >> eddie, put this in perspective, you do quite often beautifully, and what this country is going through. right? you have white house press secretary karine jean-pierre saying extremist threats to our democracy. an extremist threat to our democracy, what the president is essentially saying's look at numbers. americans believe it as well. 67% of americans, by the way, in

both parties essentially, both republicans and democrats, believe that as well. when asked is american democracy in danger of collapse? 67% and 69% saying, yes. the question is, eddie when i look at the numbers i wonder, what each party believes the threat actually is? i don't necessarily think it's likely the same. >> no. i absolutely agree with you. a partisan divide and that divide, partisan is not the right adjective. a way people have come to understand their identities as bound up with the party they are affiliated with, and that kind of connection between political identity and one's only personal sense takes oneself to be makes the stakes so high in this regard. i think what the president has to do and will do tonight, at least on what i hope he will do, is really kind of lay out, lay bare the crossroads we're in as

a country. a binary choice. either we choose democracy or we choose not to be a democracy. there's no in between. so tell a story about those who are interested in governor, those committed to norms and principles of democracy. at the same time, lay bare the threat. the aggressive in doing so. the danger is just that. danger to the very foundation of the republic. >> how do you marry that it eddie, right? this kind of big-picture idea of what dangers we face ahead? how democracy is in peril with the struggles americans are facing every single day. right? look what's happening in mississippi. i'll talk about in a little bit. look what's happen wig the economy, and inflation. folks are worried. worried about their jobs if we fay inflation in the future's how do you marry that democracy is in peril and democrats are the ones to save it with the daily struggles americans are

facing and worried that are to come? >> who do we take ourselves to be? who are we? what are the basic value as it define our relationship to each other? those who seek power. only to exploit our differences. only to exploit our grievances and resentment. they're not interested in government. tate reeves in mississippi has the money but is not interested in jackson, because jackson is 80% black. are we a country who will, in some ways, define ourselves as a white nation in the bane of old europe or are we committing to values that animate, that are at the heart of what it means to be a democratic republic? so define our values. understand how those values are actually under attack by the republican party, and then show how the democratic party embraces those values, in the very way in which they govern. you have to be aggressive. say this quickly. >> yeah. >> don't try to appeal to, you know, those folks in the middle. just state the values. you don't want to alienate folk

who are at your base. right? just take them for granted. just state the values and fight aggressively for the country we want and we hold so dearly, hold so precious. >> state the values. fight aggressively. eddie glaude, thank you. mime memoli, hear from you throughout the day. thank you. and live coverage of the president's live primetime speech at 8:00 p.m. eastern right here on msnbc. don't miss it. a team from the united states is currently inspecting the zaporizhzhia plant in ukraine. saying russia intently bombed the site. the plant's fifth reactor shut down hours ago. growing fears of a potential radiation disaster as both sides trade fire in the immediate vicinity of the plant. and we are monitoring, of course, that special master hearing, everybody, currently under way in west palm beach, florida. back to the courthouse.

latest with updates. first, something you don't typically hear happening here in the u.s., or any wealthy country. mentioned it earlier with eddie. hundreds of thousands without water in mississippi. what's being done to fix it? plus, speak to a celebrity chef and restaurant owner jackson on what life is like in the community right now. he joins me next. you're watching msnbc. ♪ ♪ ♪ ♪ ♪ ♪ this is the moment. for a treatment for moderate-to-severe eczema. cibinqo — fda approved. 100% steroid free. not an injection, cibinqo is a once-daily pill for adults who didn't respond to previous treatments. and cibinqo helps provide clearer skin and less itch.

cibinqo can lower your ability to fight infections, including tb. before and during treatment, your doctor should check for infections and do blood tests. tell your doctor if you've had hepatitis b or c, have flu-like symptoms, or are prone to infections. do not take with medicines that prevent blood clots. serious, sometimes fatal infections, lymphoma, lung, skin and other cancers, serious heart-related events, and blood clots can happen. people 50 and older with heart disease risk factors have an increased risk of serious heart-related events or death with jak inhibitors. this is the moment. but we've only just begun. speak with your doctor about cibinqo today. an innovation from pfizer.

the unknown is not empty. it's a storm that crashes, and consumes, replacing thought with worry. but one thing can calm uncertainty. an answer. uncovered through exploration, teamwork, and innovation. an answer that leads to even more answers.

mayo clinic. you know where to go. all right, everybody. still keeping a close eye on the court hearing in west palm beach, florida. any minute a judge could decide whether or not to grant former president trump and lis his legal team a special master from the documents seized from mar-a-lago. for in our days, 180,000 in jackson, mississippi have not had any clean drinking water. four days. the water coming out of the taps is cloudy and officials say while its not safe to drink, cook or wash dishes, you can bathe in it under one condition. >> you can shower or bathe. please, make sure in the shower your mouth's not open, because, again, you do not want to ingest the water. >> tell you, the last time i was told that i was not in this

country. i was told to keep my mouth shut when showering in subsaharan africa there on a reporting trip yet this is happening here in the united states. for the people of jackson, water problems are not knew and looking to state and federal officials for answers. >> not acceptable. they need to figure it out and make a plan, because this isn't the first time it's happened and it's going to keep on happening. >> let bring in nbc's morgan chesky on the ground there in mississippi, and the woman you spoke to, she's living it. right? not new to jackson, mississippi. yet here they are once again, four days in. no clean drinking water. how are folks feeling there? how are they dealing? >> reporter: it's a date-to-day struggle, yasmin. you're getting a live look at it right now. this is what life looks like, if you live in jackson. people pulling up in their cars, all hours of the day. >> geez. >> from dawn until dusk, to try

to get agency much clean drinking water as they can. this is at one of the seven distribution sites the government announced they were opening up today. i can tell you that there is no timeline on when they'll be stopping these. this is a foreseeable future for the 180,000 people that rely on this water system that has failed this city. that mother we heard from earlier, kelsey shack, something in the back of her mind, yasmin, that she has another child that's due next week. and one of her concerns are, if hospitals are compromised due to this water issue. take a listen. >> is everything going to be prepared for next week? what is that going to look like, look like for me going in to have another baby, at a hospital. you know? this has been going on for too long to not have the it figured out by now. >> reporter: now, we looked into

that, yasmin. turns out because of a 2010 problem due to the water here in jackson, the majority of the hospitals in the city proper actually made sure they had backup water supplies. >> wow. >> reporter: however, those that have been built relatively recently, or smaller clinics outside of a main hospital complex, they're facing the same problems, too. in fact, we've spoken to administrators at one medical clin near were by who said they have had to bring in a tanker on-site because they don't trust the fwhaert their own facility. >> astounding this continues to happen in this country. thank you for your reporting. bringing in nick wallace, chef of a cafe in jackson, mississippi joining us now. good to talk to you, nick's so sorry for what you're dealing with and going through the last couple of days. i know this is affecting you personally as well, and your business. what's been going on? what's your day-to-day like right now? >> so this week is a huge struggle, because this is the

only week that we have, you know, was introduced to, like, low water pressure. so the rest of the last month has been pretty tough as well, because we have been up under a boil water notice and have been spending upwards of $1,000 a day buying back ice, bottled water and canned drinks. so for me, you know, being -- you know, having a for-profit business within jackson, mississippi, it's kind of a slap in the face. for me i gave myself the ambassador role for mississippi, for jackson a long time ago and i screen it on all of my national shows. for me, you know, i take this one really hard. because now it's spotlighted for the whole world to see. today, all of my top chef brands and family are texting me, checking in on me. so it's -- it's not nothing i'm ashamed of but in a sense that this shouldn't happen. you know? we're better than this.

>> yeah. it's amazing, because i mentioned earlier. the last time i was advised not to drink water, as i took a shower, when i was on a reporting trip in subsaharan africa. it shouldn't be happening there and it certainly shouldn't be happening in jackson, mississippi. the wealthiest country in the world. it must be so frustrating for you, obviously. what do you want to see get done? and why don't you think those things have not been done yet? >> well, what i want to see is everybody working together. that's number one. and, you know, jackson, yes, it's -- it's more african americans here in jackson, i believe like 82%. that right there hits even harder there. >> yeah. >> but for me, i don't really look at color, but since the color is -- is the way it is, we got to apply sophistication and respect to, like, people. and when you do that, like you

know -- i mean, you have a good, clean land. that's the way we're supposed to do things. we're the land of hospitality. coming together, and i appreciate the governor and everybody now coming together, doing all of these water drops and trying to fix this issue, but my mind is going right to well water. if i'm going to continue here in jackson doing business, i got to equip it that, you know, if this happens again, that i can maybe introduce to help and still continue to run my business safely. >> you said you want everybody working together. do you feel as if they're not working together? and who needs to do more? are we talking more of the local governments, federal governments? what more? >> well, you know, i'm definitely not political, but if, i don't think -- it takes the most intelligence person to realize that -- you know if you're in a state, in mississippi, you know, the state of mississippi folks, and jackson, mississippi, folks supposed to be hand in hand. we should be able to see them more on the tv, talking about

streets and crime and whatever else might happen. this is our state. this is the capital city for mississippi. so everybody has to be involved, and it's just like -- i don't get paid to talk about the communities of mississippi. i don't get paid for that, but, you know, these folks get paid. so, therefore, you should be, you should be showing us a great example about working together. i just have to say it again. we're in mississippi. we're the hospitality state. this is what we do. and so it's a shame that we're, seems like we're so divided, and, you know, i hope people can hear me, because my message is loud and clear. and you need to get it together. >> pretty confident, nick. folks are hearing you. i am so sorry for what your community and you and your business is going through right now. but i'm sure the folks in jackson are very appreciative of you using your voice to get the message out there. thank you, nick, for sharingy were us. and moments ago, everybody,

fema director just announced going to jackson tomorrow to meet with community leaders and assess the immediate and long-term needs on the ground there. ahead of the trip, joining hallie jackson reports today at 3:00 p.m. eastern right here ones in machines. don't police that interview. in a stunning upset democrats landed a historic win in one of the nationest red et states. we'll dig in and what this means for what is to come in the november elections, now just two months away. ooh. our very own steve breaking it down for us right after this. you're watching msnbc. you're watching msnbc. (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.

welcome to my digestive system. it's pretty calm in here with align probiotic. you see... your gut has good and bad bacteria. and when you get off balance, you may feel it. the bloating, the gas - but align helps me trust my gut again. plus, its recommended by doctors nearly 2x more than any other probiotic brand. just one a day naturally helps promote a balanced gut. and soothe occasional bloating gas and discomfort. align probiotic. welcome to an align gut. all right. welcome back, everybody. a major upset victory for democrats in one of the reddest states in the nation. alaska native mary petula defeated trump pick sarah palin in an alaskan special election. a stunning upset to the

republican party in a state trump won by ten points back in 2020 and important to note how historic it was. the first elected to congress, democrat, first female elected in the state and first democrat to win a state-wide election in over a decade. kornacki is here with us at the big board. so, steve, walk us through this. a lot of folks couldn't believe this actually took place. you kind of saw this coming in the pipeline, i guess, watching the numbers play out. how did she pull out this win, and what does it mean big picture wise looking ahead? >> this was a different kind of election in alaska conducted here. ranked-choice voting. you're looking at a process play out over a couple of weeks. folks went to polls august 16th in alaska. got their, who's your first choice in the race? special election to congress? and also asked, fill out who your second choice was. fill out -- you know, if your

first choice candidate didn't win. the way it works, took a couple weeks for all mail-in ballots to get counted. what the first choice voting looked like. you see three candidates. two of whom are republicans. sarah palin and another republican nick beckage and petula led on the first preference question. then the question became, suspense became last night, running the rank choice tabulations, sarah palin, finished second, would she pick up enough votes to the begich. they counted up 50,000 or so votes he got and reallocated them. begich second choice, palin got a vote. reallocated everything that way. when the process was finished,

peltola won. a couple things went into this. reason i say this wasn't too surprising, sarah palin, saw it in polls, extremely high negative numbers in alaska. former governor, but even among republicans was a poariing figure. the begich didn't just go to sarah palin. most of those voters but a chunk of his voters who actually made peltola their second choice. >> wow. >> able to pick up some votes and i think key to the whole thing ended up being, there were 11,000 people who voted for begich, other republican in the first round, who did not put on their ballot a second choice. called those exhausted ballots. don't get counted in the send round. you could debate why that was. maybe just didn't want to vote

for a democrat but didn't like palin, kind of shrugged, left, just voted for begich, but 11,000 folks who voted for the other republican just didn't vote in the second round. a ingredients as well. first democrat to win and female in alaska. >> really good stuff. and obviously the sigh i made was not about you. intending midterms, just two months away and exhaustive race ahead of us. you particularly, sir. thank you, steve. >> thanks. and as i mentioned from critical midterm elections helping to determine who will control the u.s. house. profiling one race a day here on msnbc until election day. today's race democratic representative elaine luria seeking her third term against republican state senator jen kiggans in virginia's second district. loria serves on the committee investigating the january 6th attack on the capitol is facing

a tough re-election due to redistricting. and a quick reminder. our plan your vote tool here to help you successfully cast your ballot in the midterm primaries. head to nbcnews.com/planyourvotenow. up next, an ex nypd officer should face the longest january 6th sentence yet. that's ahead. you're watching msnbc. d. d. you're watching msnbc. cancer d. you're watching msnbc. society recommends starting to screen earlier, at age 45. i'm cologuard, a noninvasive way to screen at home, on your schedule. and i find 92% of colon cancers. i'm for people 45+ at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. super emma just about sleeps in her cape. but when we realized she was battling sensitive skin,

we switched to tide hygenic clean free. it's gentle on her skin and out-cleans our old free detergent. tide hygenic clean free. hypoallergenic and safe for sensitive skin. 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. ♪ we believe there's an innovator in all of us. that's why we build technology that helps everyone come to the table and do more incredible things. ♪ ♪ ♪

♪ ♪ ♪ ♪ trelegy for copd. ♪ birds flyin' high ♪ ♪ you know how i feel ♪ (coughing) ♪ breeze driftin' on by ♪ ♪ you know how i feel ♪ copd may have gotten you here, but you decide what's next. start a new day with trelegy. ♪ ...feelin' good ♪ no once-daily copd medicine has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling,

problems urinating, vision changes, or eye pain occur. take a stand and start a new day with trelegy. ask your doctor about once-daily trelegy. and save at trelegy.com. the tenth pick is in the new all-american club. that's a “club” i want to join! let's hear from simone. chuck, that's a club i want to join! i literally just said that. i like her better than you the new subway series. what's your pick? i typed in grandma's name and birth year... and there she was, working at the five and dime. my dad's been wondering about his childhood address for 70 years... and i found it in five minutes. ...that little leaf helped me learn all the names from the old neighborhood... it felt like a treasure hunt. the 1950 census adds vivid new detail to your family story. and it's available now on ancestry. ♪ ♪

the 1950 census adds vivid new detail to your family story. aleve x. its revolutionary rollerball design delivers fast, powerful, long-lasting pain relief. aleve it, and see what's possible. welcome back, everybody. we're still keeping a close eye on at that court hearing. the legal team saying this is an unprecedented situation and his lawyer arguing it would give the american people a sense of trust in the process. the judge can make a decision any minute and we're going to keep you posted as that develops, as soon as that decision hits. today a former nypd police officer could receive the longest sentence of any trial stemming from that day.

thomas webster found guilty in may of using a metal flagpole against a capitol police officer. he blamed his actions on, quote, flashbacks from his past years working as a cop in the bronx but a jury didn't buy it. he faces nearly 17 years in prison, more than double than any previous sentencing from the riot. tell me why it is this case has prosecutors requesting the stiffest sentence yet. >> this judge has seen and presided over a few cases but this case stands out for a couple of reasons. one is that the defendant himself was actually a former police officer and former marine. that ironically has worked against him because the overriding feeling is he should know better than to attack a federal officer, which is one of the charges that has been

brought against him. another difference is he actually went to trial, he actually testified and he testified in a way that really he didn't help himself. he blamed everybody else, including the victim of his assault for having supposedly egged him on and he said things that just didn't make sense in the context of the fact this there was a videotape of the entire event. he claimed self-defense. the jury rejected that, as they should have. finally, there were injuries suffered here. the federal officer he assaulted suffered injuries. abrasions, people were kicking him, this defendant had him on the ground, was trying to strangle him. there's very little to speak highly of for the defendant here and perhaps the things that will have the most effect on the judge today is whether he ultimately shows any remorse or takes responsibility for any of his actions because to date he

himself has not. through his attorney and in the pleading the attorney says he is remorseful but the judge wants to see more than that. >> and we're going to be watching as this develops as well. carol, thank you, we appreciate it. that does it for us. tune in to "chris jansing reports" weekdays at 1 p.m. eastern. you can catch me on saturdays and sundays from 2 to 4 p.m. eastern as well. katy tur is up next with much more on that special master hearing in west palm beach. wesh

♪ ♪ ♪ ♪ ♪ ♪ subway's drafting 12 new subs, for the all-new subway series menu. let's hear about this #7 pick, from a former #7 pick. juicy rotisserie-style chicken. you should've been #1. this isn't about the sandwich, is it chuck? it's not. the new subway series. what's your pick? with xfinity internet, you get advanced security the new subway series. that helps protect you at home and on the go. you feel so safe, it's as if... i don't know... evander holyfield has your back. i wouldn't click on that. hey, thanks! we got a muffin for ed! all right! you don't need those calories. can we at least split it? nope. advanced security that helps protect your devices in and out of the home. i mean, can i have a bite? only from xfinity. nah. unbeatable internet. made to do anything so you can do anything.

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)

good to be with you. i'm katy tur. will she say yes or will she say no? the hearing regarding donald trump's request for a special master started an hour ago, which means it is very likely we could find out what she decides or is inclined to decide any moment now. after all, she's already heard from d.o.j. and from trump's team twice. the former president's lawyers filed a response to the d.o.j. last night and while they disputed d.o.j.'s description of the june 3rd meeting where the legal team handed over a taped of envelope of classified documents saying it was significantly mischaracterized, trump's team did not push back, citing pages of specifics d.o.j. listed, not that they specifically did not allow d.o.j. to take a look inside the