good morning, 11:00 a.m. eastern, i'm jose diaz, picking up another hour of coverage on nbc. president biden traveling in milwaukee this hour. stop one of a battleground blitz, he will also be heading to pennsylvania, where the senate race is critical for control of congress. more on his message in moments. plus, travel headaches this labor day, as millions of americans take to the roads, and air. >> i woke up to a text message saying my flight was canceled. >> they were steady. >> what you need to know on the busiest labor day since before the pandemic. right now, u.s. immigration policy is in the spotlight. nine people, including a pregnant woman, lost their lives in the waters of the rio grande as they tried to cross

into the united states. what is happening at our border? we begin this hour with the unofficial kickoff of the final sprint of the 2022 midterm campaign. president biden is now on his way to milwaukee, wisconsin, where he will take part in labor day festivities and speak about the dignity of american workers. after he finishes in wisconsin, the president will fly over to pittsburgh, where he will champion unions during a speech at the union hall. he will also be campaigning with pennsylvania democratic senate nominee john fetterman. with control of the house and senate at stake, democrats and republicans will be working over the next couple of weeks to get an advantage ahead of the november election. joining us now to talk about this, nbc news white house correspondent mike nunnally in pittsburgh, alexi mckennan, actio's political reporter and juliet rizzo, political reporter why did the president decide to

visit wisconsin and pennsylvania on this labor day? >> reporter: the president is spending a lot of time in pennsylvania, stopping in pittsburgh later this afternoon, that is his third stop in the state in less than a week. you can see the labor day parade here, one of the biggest in the country, weaving its way downtown in pittsburgh. this is a spot the president has seized on over the years, as a kickoff for the fall campaign. he will be here later today speaking at union headquarters just outside of the city. but, if you talk about the weight democrats feel that maybe headwinds are in their face, but they have certainly died down a bit from the way they looked earlier in the year, wisconsin and pennsylvania really help illustrate the ways in which democrats can actually go on offense, in wisconsin, where the president is heading right now. you have democrat tony devers in a tough re-election race, but you have a republican senator, ron johnson, who is also in a tough re-election race against democrat mandela barnes.

here in pennsylvania, pat toomey is retirement, john fetterman just passed us by a few minutes ago, running against dr. oz. these are two senate races where democrats think they can pick up seats. just a few months ago, democrats were looking at the likelihood of losing control in the senate, now they are talking about adding to their majority. the president coming to both of these states to try to help democrats up and down the ballot and talk about what the white house views as a record of success. they will talk about what he thinks is the most prounion president in history, but some of those economic successes, especially the bipartisan interceptor plan, the climate, and inflation deal signed into law a few weeks ago, as well as some of the other pieces of legislation that the white house has focused on bread and butter issues as well as larger issues we heard about the soul of the nation being at risk, here, two messages the president is bringing across the country.

>> as mike says, the president says he will be the most prounion president in history, he promised to be a champion for unions and union members. our unions and union workers in his corner? >> both parties have been fighting for the support of union workers, especially after the 2016 election, in which then-candidate donald trump really got support in the way they were hoping for. at work the democratic party up the dinner union members have been meeting across the country, with the president, the vice president, she is in boston today meeting with a group of union workers there. in addition to everything the president is doing, really trying to shore up support across the country. have seen support for unions grow. so, that is obviously something that both parties have been watching. i think it is important to note that, you know, this is a group that, both parties really want to win this time around, and the president and vice

president are both trying to win them, today, and in the weeks to come. >> so, let's focus in on pennsylvania a little more. what the voters there care most about? what are their prime concerns? >> pennsylvania is a state where abortion could be on the ballot in the governor's race. so, abortion is higher on that list and we have seen earlier because of the dobbs decision. it is really about jobs and the economy and inflation. it makes sense that we are seeing the president and lieutenant governor fetterman, who has also made union labor a big part of his campaign out here today. >> fetterman will be talking to the president about decriminalizing marijuana. is this an issue that could be popular for the president?

certainly for fetterman? >> i think what fetterman during his here is interesting. have seen some democrats try to put a bit of distance between themselves and biden, in purple states. here, we have fetterman, not doing that, but trying to shift the focus to a policy which has been a big part of his campaign . a big part of his tenure as lieutenant governor, calling on president biden to decriminalize marijuana. it is an issue that has widespread support in the state. so, i think he sees it as a winning issue across parties, and a way to draw a distinction between himself and the president, although the president has said he supports decriminalizing marijuana, there has not been much progress, as fetterman would like to see in terms of the scheduling the drug. it's an interesting contrast, i think an issue that most people support according to polls, but,

there is more that voters are talking about. that is something mamet oz has brought up. while you're talking about marijuana we should be talking about jobs and other issues. >> actually, president biden is experiencing something of an improvement in his approval ratings. the most recent cbs news poll shows his approval rating rising by three points between july and august. some democratic candidates are hesitant, they have been hesitant to campaign with the president. do you think that will change if the president's approval numbers will go up somewhat? >> yeah. look, democrats don't only have the wind at their backs at this moment, because of their legislative successes, but they have these pieces of legislation to go out and talk about and localize what it

means for their states and their districts. when you can see democrats on the trail, running against biden, they are running against washington but they are not necessarily saying president biden is not the democrats standing up for you, they are really saying washington and here is there is not getting enough done for you. that is something we heard from john fetterman, that is certainly something we hear from folks like tim ryan, in ohio, who has of course been in another tricky position with the president, but, as his approval gets harder, as they have these legislative wins to tout, it becomes clear that democrats are going to welcome the president, if that is something that he wants to do, if that is something they want, and we will also see a number of cabinet officials talking about different components of the ira. so, i think that candidates will have a number of folks to choose from and it went just have to be the president. >> so, mike, what do the final weeks of the midterm campaign look like for the president?

>> reporter: white house officials are saying the president is going to be deeply engaged in these last few weeks, but that will take different forms. you will see, for instance, the president doing a lot on the official said, looking at what he is doing this week with the former president, i mean, president obama, that will actually be a moment to come look at through the campaign lens, because i think a lot of democrats will remember that era. not a full signing but a celebration for the inflation reduction act signing into law. the president will also hit she stated groundbreaking events for infrastructure projects, but yes, you are also going to see the president in campaign mode, the president trying to follow the lead of the candidates themselves. alexa really hit on it. some cases where you have candidates running as challengers, they will be running against washington, maybe biden will not be as

welcome but when you have democrats in office they will be running, if not on biden's record, their own record is one and the same so you will see them walking a fine line through the fall. >> mike, alexi, and julie, i think you all for being with us this morning. still ahead, tragedy at our border. nine people die, including a pregnant woman, trying to cross the dangerous waters of the rio grande. a humanitarian crisis in our country which is costing lives. live from ukraine, the latest on the ukraine nuclear power plant now in russian control, and the fighting on the battlefield. first, donald trump is lashing out in his first rally since the fbi search of his mar-a- lago estate. we will have the latest on his legal woes you are watching jose diaz villard reports crest. the #1 teeth whitening brand in america. i would say that to me an important aspect is too... meta portal with smart sound.

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15 past the hour, a judge in florida could rule this week in order to appoint a special master to review the documents seized from donald trump's mar- a-lago home. this comes as the former president held his first rally since the fbi searched his florida residents. he did not hold back in criticisms of the doj and fbi. >> the fbi, and the justice department have become vicious monsters, controlled by radical left scoundrels, lawyers, and the media, who tell them what to do. you people, right there, and when to do it. >> i want to bring in msnbc contributor as a new yorker online executive editor david road and nbc legal analyst joyce vance. let's start with the special master from the president, how can we expect that to play out this week? >> it makes less sense to use a special master, the longer this drags on. the judge has not imposed any

sort of injunction that would keep doj from completing their review. they said last week that they had, there is no injunction which prevents them from using the evidence. so, it becomes less and less pressing, less legally warranted, but, the judge went on record early in this case, saying she was inclined to do it. so, perhaps we will see her use a special master to reevaluate the very limited number of documents doj has set aside as potentially covered by attorney- client privilege. that might be in some ways splitting the baby, where she could try to get both sides to win. >> how would that make a difference, or have an impact on this? what the former president is saying is that they were taking against all kinds of legality. in other words, what would make a difference there? >> there is not a real remedy for that in this stage of the

receding, and there may never be one. let me explain one. doj has begun to make an argument which is familiar to criminal lawyers, which says that you can only assert a right over items you are entitled to possess. of course, these are all documents which belong to the government but they belong to the people, not the former president. so, at the end of the day, the judge might end up saying, or perhaps the field will say, sorry, you lack standing in this case to assert any privilege. that may easily end the matter. these claims are litigated more frequently, jose, in the context of a case where the defendant has been indicted, the evidence is being introduced by the government at trial, and the defendant files a motion to suppress the evidence and saying the search was bad, you cannot use this evidence against me. of course, here, doj would make a similar argument if we were to get to that stage.

the argument would be, these are not your documents but you do not have any right to move to suppress them. that will be a consistent theme. we will hear from doj all along. >> david, what do you make of trump calling the doj vicious monsters controlled by the radical left? >> it's the same old song. you know, donald trump is lying, period . there is also the line that we in the media are telling the doj and fbi what to do. that is absolutely false, and i agree, if a special master is named, i don't think they will find a sweeping misconduct by the doj, but, i think the rhetoric you're going to hear from months and months with donald trump, this entire situation is false, he had 18 top-secret documents, another 40 secret documents, and over 11,000 other government documents that he was asked to return, for 18 months. he refused to do so.

it is frustrating to hear him use this rhetoric, but he will keep using it, and you know, some americans will -- spread these very effective period he theories. >> trump also combines about how invasive the search of his residence was. take a listen. >> they rifled through the first lady's closets, drawers, and everything else. and even did a deep and ugly search of the room of my 16- year-old son. leaving everything they touched in far different condition when it was then they started. >> it is not very unusual, or is it, that these kinds of things happen during an investigation, and a court ordered process.

>> how much irony involved that this is the former president told the association of police chiefs early in his time in office, that they should not be too careful about protecting the rights of people that they had arrested. they did not cover their heads when they were put into police cars. now he is learning about the way a lawful search authorized by a federal judge under due process was conducted. we are only hearing the former president said of events here and the truth is often not important to him. i suspect that the fbi follows the procedure that they would in every other case where they have probable cause to search reticular parts of the home. it is not unusual to search the bedroom occupied by a spouse or child, because every federal prosecutor, will have had the experience of searching and finding drugs or guns or other contraband stored in a bedroom

or stashed in a dresser drawer belonging to his spouse. this is the way that people who are involved in criminal conduct also often decide to hide things and law enforcement is entitled to engage in this sort of search once a judge authorizes it. what the trump is in essence objecting to is the fact that he now is being subjected to the same rule of law as applied to everyone else in this country. >> searching for documents, is that the same as if they are going in for a criminal investigation on drugs? >> this is a search based on three different federal crimes, there is an espionage act, a statute involving retention, and mishandling of documents, and of course, the obstruction of justice statute. those are extremely serious federal charges. this search is like any other search being conducted over the course of a criminal investigation.

the government was entitled to search but the former president's complaints are awfully hollow, better that he explained to us why he retained top-secret classified information. that top-secret classification means an unauthorized release could do grave damage to our national security. we have heard no explanation that makes sense, that holds water from him as to why he would hold those documents 18 months after he left the white house. >> joyce, david, we thank you so much for being with us this morning. next, it is the busiest labor day weekend for travel since before the pandemic. the new headaches millions of travelers are facing this morning in airports and on the road. plus, it sounds like the plot of a novel, but this is very real and it is happening right now. a tennessee teacher, granddaughter of a local prominent hardware store magnate allegedly abducted while jogging.

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27 past the hour, a search is underway in tennessee this morning for a missing mother of two. police say the victim, teacher eliza fletcher was abducted, forced into an suv while out for an early jog on friday. the 34-year-old is the granddaughter of a prominent local hardware store magnate. the family is well known in the area. a suspect, charged with her kidnapping, is now in custody as authorities to search for answers. jesse kirsch is in memphis, following developments in the case. good morning. what do we know this morning? >> jose, good morning. >> reporter: all of that is said to have unfolded just behind me. police say eliza fletcher was last seen in their near the university of memphis campus on friday, when she was on her morning run. authorities say that is when a suspect in an suv drove past her, and then stopped and waited for fletcher to jog by. at that point, investigators to say a suspect got out of the vehicle and kidnapped her. >> reporter: authorities are

converging on this memphis neighborhood, scouring the area as the search stretches into a third straight day. alisa saying they found eliza fletcher's captor, and cleo stopped and has been charged with kidnapping and tampering with evidence, saying he abducted fletcher on friday and won't tell police were to find the mother of two. >> we want to see eliza returned home safely. >> reporter: fletcher's prominent family cheering this video, her husband distraught, at times wiping away tears. according to court documents, surveillance video, early friday captured the moment the suspect got out of this suv and ran aggressively toward fletcher on her morning jog and forced the kindergarten teacher into the vehicle before driving away. hours later, the affidavit says two witnesses, reported seeing the suspect wash his clothes in

a sink and use floor cleaner, behaving oddly. a pair of sandals left behind at the scene, allegedly holding absence dna. >> it's awful to see the evil that is in the world, and we are praying with him, that she will be found alive. >> with her church and family reeling from this tragic event, there is still hope the nightmare will end with good news. >> i have always admired her, her strength, as a mother, and as a teacher, and, she is a beautiful person. >> suspect bond has been set at

$500,000 and he is expected to appear before a judge, tomorrow morning. meanwhile, this story continues captivating people in the community just within the last hour or so. police were asked if there was any update to this case. there is a small memorial beginning to grow here off of the university of memphis, campus. >> kirsch, thank you very much. officials in jackson, mississippi say they are making progress at the water treatment plant. up to 200,000 people are now under second week without reliable safe bringing water projection officials said all residence are expensing normal pressure. the city remains under a boil water advisory it was under before the floodwaters caused problems at the plant. fema said yesterday it was still too early to tell when the plant would be fully operational again. officials ready as summer

comes to an end, millions of americans find themselves facing travel trouble. the tsa says this is the busiest labor day weekend since the start of the pandemic, up 2% from 2019. nbc correspondent wises live from laguardia airport, good morning. is it as packed as it has been there for the last 48 hours? >> reporter: good morning, jose pickett is packed and bustling behind me. major delays and gas prices, americans are still flying and driving. aaa tells us that this weekend 32% of americans are expected to travel, 82% by car. i have spoken with a lot of those travelers today and this weekend, while some have been excited to get outside after prolonged covid lockdown, others have express frustration at delays. according to flight aware, just today, nearly 1000 flights have been delayed. take a listen to how some of these travelers are coping.

>> our flight got delayed about four times, we had to get on a flight coming here about four hours later. >> i said if we don't do this one more time we will turn around and go home but it is just kind of chaotic but i don't fly that much, so i want to make sure everything is nice and neat and put together. it was stressful. >> reporter: a stressful weekend, jose. on sunday nearly 4000 flights were delayed, according to flight aware, and it is important now for anyone traveling today, there are storms expected in the southeast. so far, that has meant that boston has a ground stop at 1:00 p.m. and at laguardia there may be one as well. that may be bad news on this labor day. >> i was just going to tell you, on friday, i went to dallas to

miami, that's took me 14 hours, because of the delays, i missed a flight, there were storms. so, this is something that, the weather has a large part of, but there are also staffing issues on airlines. >> it is bigger than weather. i spoke with a aaa expert, who gave tips to travelers. said always have a backup plan, trying to get an early flight if you can encase you face those delays. bottom line, since covid has been around. >> indeed it has been rough. thank you so much. it is good to see you this morning. struck up next, live in ukraine, there is now permanent atomic agency staff at the nuclear power plant russia has seized. at our southern border, nine people died while trying to cross the dangerous waters of the rio grande in search of a new life in the united states. we will talk about that with the founding director of the

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38 past the hour, ukraine's largest nuclear power plant is at risk of severe damage. this morning, there was a fire at the plant, because of shelling, so the main external power line was disconnected to help english the fire. this comes as a team of u.n. nuclear inspectors is expected to release a report this very week on the state of the facility, on whether there was actually a radiation leak. i want to bring in jay gray, in ukraine and retired four-star general barry mccaffrey. do you have news on that shelling in ukraine? >> absolutely, jose. let's start with where we are right now. a fire caused by that shelling, as he reported, they had to disconnect what is the only line taking power out of that

facility. it is the reserve line, because the mainline was damaged. so, that was disconnected, the fire extinguished. here is the situation. no outgoing power instead, the power from the loan reactor which is still operational was being used to cool the reactor cores so they could avoid a nuclear meltdown. this prompted the energy minister here in ukraine to say, and i am quoting here, the world is once again on the brink of nuclear disaster. the plant is being held by russian troops, but run by ukrainian scientists and engineers inside. we know that no power is going out, as i talked about. they think that they can restore the line. the problem is, they have not had the chance because the shelling has been too intense, the fighting to intense surrounding the area. there were six inspectors inside to start the day, for left this morning, before this occurred. to remain, and they will stay

there indefinitely, to monitor the situation and provide assessments on the risk involved as fighting continues. as you talked about, we do expect a formal report to come out, perhaps as early as tomorrow, jose? >> general, i cannot figure this out. are the russians having that nuclear power plant as part of a target of war? >> it looks as though they are using that as a hostage. they are occupying the plant which is insanity, it is a dangerous situation for their entrance. jose, i think we discount the level of ignorance of the russian army on what is going on with these nuclear sites. they occupied in the north, chernobyl, and dug in and sickened hundreds of their own soldiers but they do not appear to know what is going on. now who is firing the artillery around the plant is hard to tell. it looks as if it is an active,

tactical war zone around 20,000 pounds of fissile material in storage, and six nuclear reactors. it is safer than trainable. if there was a meltdown, it would look more like japan's fukushima, a local disaster, rather than a downwind cloud that sickens a good bit of europe. >> general, i am just wondering, from the 24th of february when russians began their invasion of ukraine, there was a lot of legend and belief in the strength of the russian armed forces, and the effectiveness of its hierarchy. general, what have we learned about the russian strength of armed forces? >> is pretty surprising. tactically, they have been stupid, drunk, brutal, out-of- control, low morale, bad leadership, bad operational directive and right now in the

curzon area, they have stopped north and west of the river, and ukrainians are trying to take them apart, deliberately, piece by piece, they have conducted over 400 artillery strikes over 40 air sorties, but have blown up a lot of ammunition and had a lot of their command and control. partisan and special operation attacks deep in the russian zone. it is astonishing to me. now, putin has gotten himself in a box he cannot get out of. they are scrambling to make up russian manpower, he is afraid to conscript russian city boys and send them off to fight in ukraine, so he is emptying prisons, he is using contract mercenaries, and it is not going well for him. look, i think there is some possibility, everyone is being very cautious, the ukrainians

are playing their operational security pretty well, but there is some possibility that the ukrainians, in the coming 90 days, will bag a bunch of the russian army across the river. >> general barry mccaffrey and jay gray, thank you so much for being with us this morning. protest overnight in chile after voters there overwhelmingly rejected a new progressive constitution, dealing a blow to the country's new president. voters decided against the new constitution which would have replaced the one drafted more than 40 years ago by pinochet. you can see the solutions going on in different cities in chile, there was also violence and some fires set in the streets of santiago, the capital of chile, this new constitution really, the new

president, it was his attempt to change the country, and the constitution that has reined in that country since pinochet. clearly a big blow to the current president. let's turn now to the u.s.- mexico border. nine people lost their lives trying to cross the rio grande last week. a pregnant woman was among those who lost her life. the united nation says this year is on track to have the most deaths at the border since 2014, when the u.n. began keeping records. since then, more than 4000 deaths at the border. in eagle pass, texas, in mexico, telemundo reporter francisco cuevas spoke with a gravedigger working at an unidentified gravesite for the people who have died trying to cross the border. the gravedigger says, this is more people than he has ever

ferried before. there were lines and lines of unmarked graves. in guatemala, the funeral was held this weekend for 5-year- old marguerite sophia who drowned in the rio grande last month. fernando garcia is director of the border network for human rights. thank you so much for being with us this morning. there are so many deaths at the border. it is happening when they are trying to cross the rio grande, they are dying, walking in different parts of our border, trying to reach the states. what is happening? >> reporter: thank you for having me. was in, texas has become the epicenter of migrant at the border. that is not circumstantial but let us remind ourselves what happened in san antonio, in el paso, texas, in just one month, we have nine migrants who

drowned in the river, including a 12-year-old boy. so, something is happening recently, the texas state governor, greg abbott, is enforcing immigration law through what he is calling operation lone star. he is working with state troopers and national guard and transporting a lot of pressure on migrants to look for dangerous ways to cross the border. that is why we are seeing the highest number in history of migrant dying in texas. >> just on saturday alone, 225 cubans were intercepted, trying to reach the united states. in one day, 225 people that were out at sea, these aren't ships, these are small boats, they have even gotten rast, and the situation is so dangerous, look at what is going on outside of haiti, where people are trying to do everything

they can to reach a new life, somewhere else. just wondering, fernando, is there something that could be done to prevent this amount of suffering and death? >> reporter: yes. we need to understand that these are avoidable deaths. we have, at the border, what is called deterrence operations, federally, with the enforcement of the border we have 23,000 border patrol agents. in the state of texas we have operation lone star. so, it is very hard for immigrants to come across. these isolated places are very dangerous, so migrants would not come. that is the theory, but that is not happening. migrants are going to head through places in the river, in the mountains, higher numbers than ever. so, the problem here we need to

reassess the way that we are closing the border. in the end, united states police are the ones responsible for these migrants in the oceans and river. i think that we can see that enforcement only is not going to be a solution for what we have at the border. >> fernando, if there were a legal way for people to ask for asylum in their countries, but that does not exist. and you know what, it is not that complicated, if there is no legal way for people to ask for asylum, then their only option is danger. >> and, under title 42, people would like to apply for asylum, they want to do this legally, and they cannot do it. so, i think we need to figure out a way that illegal asylum-

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for investigative purposes pending completion of the special master's review or further court order. it as, the order shall not impede the assessment by the office of the director of national intelligence as described in the government's notice of receipt of preliminary order. so that's just coming across our newsroom. on this labor day our nation is in the middle of a new labor movement. workers are pushing to unionize at a great not seen since the great depression. the shift is in the private sector. jacob soboroff gives us a look at the great unionization. >> reporter: call it supply and demand. when a lot of jobs lost during covid came back, many workers didn't. now, the coveted employees left in the workforce have an edge and they're using it, organizing

at a pace not seen since the great depression. >> the labor market constriction we're experiencing today, it all means that workers have greater leverage. >> within the first minute of being in the car with you guys, we saw three starbucks. >> i think starbucks has been known as, like a good job. >> reporter: these are examples of what some have nicknamed the great unionization. at the beginning of the year they were trying to unionize the store where they worked hoping to join the ranks of other starbucks locations. >> we love this place and we know it should be better. >> reporter: it's a shift in the balance of power, one that most americans are fully behind. a newly released gallup poll shows 71% of americans approve of labor unions. >> it's understood that we do want more and to be treated better and be paid a living

wage. >> reporter: the new wave comes after decades of decline. the numbers of private sector workers in unions has dropped every year, sinking from 17 to 6% since 1983. workers at apple, google and trader joe's have voted to unionize. amazon has its first unionized warehouse. a statement by starbucks says they respect their partners right to organize. veronica gonzalez is one of the workers who organized a union drive in northeast l.a. it passed in a landslide vote 22-2. >> people are happy to consider themselves heard. >> reporter: they lost in their drive to unionize their starbucks. what i don't hear is you guys saying you hate starbucks.

>> it's more like us wanting to be equal representation in our workplace. >> i don't think it's about convincing people to vote for the union. it's giving them the information and empowering them with the fact that they should be treated better by a multibillion dollar company. >> thank you to jacob soboroff for that report. that wraps up these two hours. i'm jose diaz balart. thank you for the privilege of your time. andrea mitchell picks up with more news, next. l picks up with more news, next. so am i. because i'm at risk for pneumococcal pneumonia. i'm asking about prevnar 20. because there's a chance pneumococcal pneumonia could put me in the hospital. if you're 19 or older with certain chronic conditions like copd, asthma, or diabetes, you may be at an increased risk for pneumococcal pneumonia. prevnar 20 is approved in adults

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