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to work in washington for the first time in a month. we'll look at their fall agenda agenda. we are live in georgia with brand new reporting on possible election interference. what this surveillance video shows and maybe more importantly who it appears to show walking into a county election office weeks after the 2020 election. how it all fits into the fulton county criminal problem. i'm joe fryer in for hallie jackson. we start with the latest fall out from the judge's ruling granting trump's request for a special master. i'm joined by caroline wedding and former fbi consultant andrew wiseman. ken, we're learning more about what this doj ruling means and

doesn't mean at least at this point right now. what can you tell us? >> i'm being told this ruling does not put a stop entirely to the fbi investigation into the mishandling of documents at mar-a-lago. there are lots of classified documents that came out of mar-a-lago in january and another batch was handed over in june. there are questions about how the documents got there, who packed them, what did donald trump know about it and why his lawyer apparently lied to the doj. those questions are not implicated in this ruling and the fbi is continuing to ask them. the ruling does prohibit the fbi from using any of the materials seized in august. we don't know if anything extremely relevant to the question of obstruction was taken from donald trump's office. if it was, they can't use it now. that poses a complication to the investigation. >> andrew, what do you expect will be the next move from the doj? do you expect them to appeal

this? >> i don't know. you know, that is a really hard question here. if you are looking at this as an institutionalist in terms of what this opinion means in terms of the next case, then you have to appeal it because it's so lawless and it basically means that the rule that was just announced here for the former president could apply to anybody and every defendant is going to want to enjoin a criminal investigation. who wouldn't in that situation? i could see why if you're merrick garland you think you have to appeal it. on the other hand you don't want to get into the 11th circuit and have it slow the investigation especially because there's a part of the investigation that can still go forward. one thing i could see them doing is splitting the baby and appealing the injunction and

saying that's lawless for an article 3 federal judge to enjoin a criminal investigation that the constitution says has to be done by the executive branch. they could appeal that and go forward with the special master process. >> carol, judge cannon, as well as half of the 11th circuit was appointed by mr. trump and he appointed more than 200 federal judges in just one term. are we seeing the effects of his remaking of the judiciary playing out in this investigation or is this a one-time ruling in his favor? >> i think it's hasty to make a conclusion about this federal judge in fort pierce who by the luck of the wheel, as we say, got this case. you can't tell exactly -- although i would agree with andrew that most of the sources i spoke to, legal sources on the

prosecution side of the department of justice, are gob smacked at some of the judge's conclusions, none of which were offered as points of law by the trump team, but devined by this judge. enjoining a criminal investigation? the second is the idea that the department of justice has to have a filter team before it's allowed to look at material that might have executive privilege. you don't usually protect another federal entity of the executive from materials that are executive privilege protected. the department of justice in the past, especially the office of legal counsel, has helped determine for white houses what might be protected by executive privilege. barring them from seeing that material is striking. i think another thing that's worrisome for the folks that i talked to in the department of justice world is, if you let this stand, you're letting two

things stand that are problematic for all cases, but also for former presidents. they expect this to be appealed in some fashion. >> andrew, if this stands, at least right now, let's talk about next steps. the judge has ordered both sides to come up with a plan for the special master. who could this person be? what's the schedule? what's the salary? what are their duties and limitations? here's the key question, can both sides find common ground and if they can't, what happens? >> i've been a special master. your question is a really good one because no one knows. first, the judge did say that she wants the parties to agree on who the special master will be. it's hard to know if that's going to happen. you would think that they're going to look for former federal judges. for instance the judge who handled the rudy giuliani and

michael cohen teams would seem like that type of person, if not that actual person, would be a likely prospect. what the judge would do is one of the problems with the decision. from the government's perspective it's hard to see how the judge has any role with respect to executive privilege. with attorney/client privilege, that's easier. that's where the defense can say do they think anything is privileged and the special master hears it. you usually don't need a special master for that. when i've done that in the past, it's usually resolved by the parties and if necessary, you bring a dispute to the federal judge who decides it. on executive privilege, it's hard to know what's going to happen and now if you're the trump team, you'll delay things as much as possible because the

government is enjoined until this is resolved. >> carol, let's do bigger picture. mr. trump has repeatedly called the justice department and fbi corrupt on his truth social platform adding the country can never recover until these groups are held accountable for what he perceives is wrong doing. politically how is this rhetoric going over with republicans, especially heading into november? >> you know, what i hear privately from republicans is they wish donald trump would be quiet. people who are running for office -- this may be popular for him playing the martyr violin. they came for me, next they'll come for you. we have to stop them. it's kind of impossible for republicans on the campaign trail to really make a lot of hay out of this for their own benefit. also, it's hard to make a

rationale argument for this because the facts as well established by donald trump and his legal team is that for more than a year and a half the department of justice held off on taking any rash action. the national archives was begging trump and his aides at mar-a-lago to please, please, pretty please with a cherry on top turn over these records and were repeatedly stiff armed. in one conversation in the spring a national archives lawyer said, please, i don't want to refer this to the fbi, but you're not giving me a choice. the department of justice made a lot of gestures to say we need to get these records. we found some classified material in the boxes you returned in january. we need to be sure there's no more. we're hearing there could be more. again, they got the stiff arm and got misleading information. misleading at best. who knows what the facts will show? it may show it was obstruction

and a clear-faced lie. this is not easy for republicans to argue in favor of while it may be, you know, satisfying for donald trump personally. >> something they're going to be asked a lot about. ken, carol, andrew, thank you for kicking us off. we appreciate it. the senate came back into session after their weeks' long recess. they have a big fall agenda. the upper chamber is facing a looming deadline to fund the government and avoid a shutdown. the senate will likely pass a continuing resolution. joining me is ally batali. what does the senate hope to get done here in the near term? >> reporter: feels like the first day of school in august. they have a long to-do list, but

they're coming back, democrats, have ticked off most of the items on their list finishing that large agenda item of a climate change package, as well as shoring up health care, before going on recess. nevertheless, when we see the floor kick into gear, we're going to see senator majority leader chuck schumer file on some judicial nominees. that's just one of the few things they hope to get done. i can pull up a whole list of things we're expecting to see. top of the list is government funding. you mentioned this. government funding runs out at the end of the month. we're expecting them to do a continuing resolution. that's what my sources are telling me. in that there are conversations among senior democrats to put protections for same sex marriage into that continuing resolution, thus rolling them together and making that cr a

very important policy statement. now, before the recess happened, we were doing our counting of the republicans who could get on board for that. we don't think they're at ten yet, but that's going to be one of the things we're watching as we see them tick down this agenda item. >> ali, thank you so much. nbc news obtained new surveillance footage appearing to show a georgia fact elector escorting people into a polling station in georgia. we're just 60 days out from the midterms. republicans want to bounce back. now one group is putting up the money to make sure it happens. ahead, the first day of school is wrapping up in uvalde, texas. for parents of the 19 kids killed last may, the pain still

lingers. my colleague jose diaz-balart joins me with two parents who lost their daughter. o parents w lost their daughter. n, indigest♪ ♪ upset stomach, diarrhea. ♪ pepto bismol coats and soothes for fast relief... when you need it most. it's the all-new subway series menu. twelve irresistible new subs. the most epic sandwich roster ever created. ♪♪ it's subway's biggest refresh yet! striving to reach the ultimate goal of zero poverty takes more than everyone's hopes and dreams. at citi, it takes a financial commitment to companies who empower people to lift themselves up. it takes funding and building on our know-how to help communities grow. that's how citi is helping create a better future by committing one trillion dollars in sustainable finance by 2030. because it takes everything to reach zero poverty.

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today we're just 63 days out from the midterms or exactly nine weeks out. republicans are looking to emerge from a summer slump with more of a focus on regaining control of congress in november. the republican senator leadership fund is taking to the air waves in key states. one of those states wisconsin, a battle ground state with a senate seat and governor mansion up for grabs. yesterday, president biden delivered a fiery speech there slamming, quote, extreme republicans. julia, let's focus on wisconsin. democrats want to hold on to the governor seat and keep the

senate seat. what are you hearing from voters? >> reporter: i've been talking to voters and for those who heard biden speak yesterday said his policy resonated more for them. one democratic voter said biden was the first president to understand the importance of labor and speak about it to the crowds. those in the crowd talked about social security and lowering prescription drug costs were important to them. one republican voter said there's one key issue that could pose a problem for his party come november. >> i think the abortion thing is what this whole election will come down to. that's why republicans don't have a -- hopefully they have a chance, but i think that it's

coming down to that issue. >> reporter: it's not just republicans who are talking about abortion as a driving force. last night my uber driver said abortion has sparked those who may have otherwise been dormant to turn out and vote come november. in a state where biden narrowly won, has that tight governor's race and a vulnerable even cup bant republican senator, this is a crucial race. >> tom, you interviewed more than 20 republicans and you report there was an acknowledgment that the candidates needed a reset with democrats heading into a critical set of the cycle and indicators that abortion rights.

what can you tell me about the republican reset and the possible impact of winnable races, right? >> reporter: i can tell you i didn't talk to julia's uber driver. some of my other colleagues and i talked to more than 20 republicans involved in this campaign. you're right, all of these races are still close. there's some suspicion among republican operatives that the race in arizona may be getting away from them. everywhere else you're looking at races in a few percentage points. what they'll try to do is bombard the air waves. you have the graphic there. basically $170 million from mitch mcconnell's super pack, the one aligned with him called the senate leadership fund. you'll see hopefully for

republicans -- their desire is to get a more coordinated set of talking points that help their senate candidates where they're trying to tie the democratic candidates to joe biden, talking about inflation and the economy and talking about social issues that benefit them, not including abortion. they want to talk about immigration and about school curriculum. >> while we have you, i want to talk about the key senate race in pennsylvania. the republican candidate dr. mehmet oz attacking his opponents health. let's play some of that here. >> we've got a clear decision. john fetterman is either healthy and he's dodging the debates because he doesn't want to answer for his radical left positions or he's too sick to participate in the debate. >> john, this isn't the first time we heard this from oz. is this rhetoric helping him or

hurting him right now? >> reporter: i'm not sure whether it's helping or hurting him with the voters. it's making the media report on fetterman's health and that's something there had not been a lot of. oz is talking about this. republicans are talking about this in the hope that it will get more coverage. "the pittsburgh post gazette" editorialized that if fetterman wasn't capable of debating that would be a problem for him in terms of being a senator. >> you see pat toomey standing by his side. that's the seat up for grabs. julia and john, thank you both. turning to a new development in georgia, nbc news obtained surveillance video from a small county elections office. it appears to show members of a tech firm walking into that office on january 7, 2021 appearing to escort them in is

kathy latham who was the county's gop chair woman, also a fake trump elector. it was taken the day a voting system there was allegedly breached and being investigated by the georgia bureau of investigation. latham is also a target of the fulton county investigation according to court filings. i want to bring in blayne alexander outside the fulton county courthouse. what can you tell us about this new video and what impact this could have on the fulton county investigation? >> reporter: well, joe, what's notable about this and really putting it into context is that this really gives more insight into the degree to which there was coordination and actions taken to try and overturn the election results in georgia. it's interesting to mention how

this video came to light. it actually was the result of a long-going, multi-year lawsuit filed against the secretary of state. you have a private citizen looking into georgia's election system. this came to light as a by-product of that. it's going to be under a lot of scrutiny. you asked about the fulton county investigation. we know it's something the d.a. is interested in because she issued a subpoena. we would assume she would have a lot of interest in this video because it's what she's investigating, any coordinated efforts to overturn the election in georgia. i want to give you statements from kathy latham. in a statement to "the washington post" an attorney for her said she would not or has not knowingly been involved in any impropriety in any election. she did not authorize or

participate in any ballot scanning efforts, computer imaging or anything similar in 2021. as for that tech firm, that firm is at the center of all this because they were engaged by sidney powell, a trump attorney. they told "the washington post" previously, not in response to this story, said they would be fully cooperative with investigators and confident the firm has done nothing wrong. joe, i certainly suspect when it comes to the fulton county investigation, this is something the d.a. will be interested in. >> blayne alexander in atlanta, thank you. next, kids who attended robin elementary are wrapping up their first day of the school year, but for the parents of the 19 children killed, their pain is still fresh. jose diaz-balart spoke to one family who lost their daughter. >> i want her here. i want her e

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24th of may when their daughter alexi was killed at robb elementary school. the school has shut down. for the rubio family, kimberly and felix, they have five other children. there you see alexi who would have started today her first day of fifth grade. this is a family going through the most difficult, horrendous pain and they're aware this pain is not going away any time soon. >> it's like it just happened, but then it feels like we haven't had her forever. >> reporter: 10-year-old alexi rubio is one of the 19 children and 2 teachers murdered at robb elementary. >> i haven't accepted it. it's just hard. >> reporter: felix and kim's youngest daughter was compassion, an athlete and an

honor roll student. >> her opportunities were just endless. she's had that stolen. >> reporter: this is the last picture they took together, at the end of school awards day, just hours before the shooting. three months later, they're faced with a new school year for their other five children. >> what are your thoughts as this school year begins? >> just scared. i don't know that the school district has done everything that i would like to see as far as security measures. i also know it's important for the kids to have some sort of routine. trying to balance what's best for them. >> reporter: the children will attend school in person, but are signed up for virtual classes as a back-up. >> this week we had our youngest son's meet the teacher. it was incredibly difficult, incrediby difficult to go on campus knowing that alexi is not going to meet her teacher this year. >> you'll always be our baby.

>> this has the flowers from her funeral and the rosary. >> reporter: kimberly and felix live in a whirlwind of emotions, of mourning, of sadness, of grief. >> i want her here. >> reporter: and have one recurring question weighing heavily on their mind -- >> felix, what do you still want to know? >> if she had a chance or was it quick? i just want to know if she had a chance. >> i have the same question as my husband. there really is no answer. no matter what i still don't have my daughter. >> reporter: the rubios have travelled to the nation's capitol and the state capitol demanding change. >> one of the things you've been doing is focusing on fighting

for some change in gun laws. what is it that you want? >> a federal ban on assault weapons. i live in texas. we're going to stay here because we want to stay with lexi. >> reporter: they'll return to d.c. next month as they continue to be a voice for her. her father, a war veteran, will be wearing the pink dog tag he always wears. >> i have it on every day. >> you have one too, a heart with her thumb print on it. >> it says i carry your heart. >> reporter: carrying her heart with theirs, forever broken. their hearts forever broken and their lives forever changed. joe, they moved from the house they were living in before lexi

was killed the 24th of may. one of the reasons they moved to this new house is because it's close to all of the schools where their children are today starting. one of the things that kimberly told me, joe, was i needed to be in a house close to the school so that, if something like what happened the 24th of may ever happens again, they have a shot of running away and making it home. that's their every day reality, joe. there are 19 other families of children and 2 families of teachers that are going through the very same thing. >> really just an entire community that it's changed how they think about sending their kids to school every morning. it's weighing on their minds on this first day of school. jose, thank you for that incredibly powerful report. i want to bring in nicky

grizwold for more on this. you just got back from uvalde reporting the anxiety being felt there. you spoke with an 11-year-old survivor who still has bullet fragments in her left shoulder. can you give us a glimpse inside the community today? what is the mood there? >> reporter: a lot of kids are really excited to return to school and see their friends. there really is this overarching sense of anxiety, fear and apprehension. i spoke to so many kids of all ages who said they don't feel safe at school and they're afraid that something like this could happen again. because of that, many families are sending kids to private schools saying their trust in uvalde school district has been shattered. also, a lot of kids, including that 11-year-old i spoke to, have enrolled in uvalde school district's virtual option which they chose to offer to students. it shows the anxiety that a lot

of these families are feeling as they return to school. >> i spoke with a parent, adam martinez, who enrolled in that virtual option. he's a father of two who went to robb elementary. he says his children are going to school virtually and here's why. i want to play that interview. >> that's their number one concern is actual having to go back. it's not that they're afraid to go make a speech or something that we get nervous about. they're really scared for their lives. >> i mean, more than 130 families are opting for virtual learning. we heard from jose, some are opting it as a back-up. what are you hearing from those families? >> reporter: those families are saying those kids have too high anxiety to even be able to focus on learning, so they want to give their kids the best option to continue their academic

career without having to worry about whether they might die at their school. it's a heart-breaking fear that no kid should have and parents are trying to do their best to give their kids a sense of security and stability as the school year starts. >> it comes down to trust issue. the district added more safety measures, fencing around school campuses, more police officers and security cameras. is that enough for some of these families? >> reporter: many of the families told me it's not enough. part of that is because of an update the superintendent of the school district gave last week. he said a lot of those measures wouldn't be in place in time for the start of school because of some of those security cameras being on back order and them not having enough materials to secure all the schools' entrances. that won't be in place today for the start of school. that really didn't leave many parents feeling confident about

their kids' safety. again, some want their kids to go back to school because either virtual learning isn't an option for them. maybe they're not able to work from home or their kids have additional needs that can only be addressed in person at school, but there is an overarching sense of fear in the community. >> nicky grizwold thank you for your reporting. we head live to downing street where the uk just swore in its new prime minister replacing boris johnson. first, we on the ground in ukraine at europe's largest nuclear power plant. we'll dig into that next. we'll dig into that next ♪ ♪ ♪ ♪ [ marcia ] my dental health was not good.

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rockets and shells from north korea, weapons that could be used in the battlefield in ukraine. the news was first reported by "the new york times" and shows russia is running low on supplies. u.s. officials expect russia could try to purchase more from north korea. they've already received drones from iran. the u.n. security council meeting is happening now to talk about the nuclear power plant in ukraine. nbc's jay gray is live in ukraine. jay, we've been waiting to hear about what's going on at this plant. what did we learn? >> reporter: those inspectors say this is a grave and unparalleled danger at the nuclear plant which is at the cross-fire of this war and has been involved in significant shelling over the last several weeks here. the first part of the report calls for an immediate demill

plant. it talks about it structurally and then what's going on inside. the shelling has severely damaged the roofs and the area holding nuclear fuel. that's a big concern. we know the container that's storing the radiation monitoring system, it's been hit. they're worried about that situation. then there's more damage, some to fuel depots around the plant. the report says -- i want to get it right here -- the staff is

under unbelievable pressure and the morale and emotional state of the staff is very low. we know the generator was called upon once during some shelling. that's the last stopgap to cool those reactor cores and cool the nuclear waste. that's a close call. right now they have no power going out of the facility. it continues to be just one reactor online and it's cooling everything to make sure there's no meltdown. >> so many alarming findings. jay gray, thank you for your reporting. right now president biden is speaking with the uk's brand new prime minister. the leaders were scheduled to talk this hour for the first time since liz truss took office today. she met earlier with queen elizabeth in scotland for the change of power. now stepping into the role left

by scandal-ridden boris johnson. >> we shouldn't be daunted by the challenges we face. as strong as the storm may be, i know the british people are stronger. i'm confident that together we can ride out the storm. >> nbc news senior international correspondent keir simmons joins us from downing street. truss is now the uk's third prime minister. what kind of leader is she and what's she walking into on day one? >> reporter: joe, the kind of leader she's going to be is a leader in an election campaign. she said she's expecting a general election. she was chosen by her party. it's the person, not the party that has changed with this change of prime minister. it's like a primary. i think she herself is now going to be preparing for a general

election in around two years' time. that has to happen. she doesn't have very long. i think just listening to what jay is talking about the worries in ukraine, joe, i think that will be a worry for european countries, possibly for the biden administration. what you're likely to see is a british government focussed on the economic headwinds she talked about before she walked into 10 downing street behind me, that is focussed on trying to support british businesses that are very fearful of the rise in prices because of energy prices this winter. she's going to want to win the next election so she'll be focussed on that. that's not to say her support for ukraine will be waving.

the biggest concern is to what extent will the energy crisis have on their views, what extent will it have on the impact on politics here in britain. >> keir simmons, thanks so much. georgia's governor is declaring a state of emergency because thousands are out of clean water due to flooding. and in california thousands evacuate a massive wildfire. more on the extreme weather from coast to coast next. (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

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across the country. right now georgia is cleaning up after severe flooding in the state. one of the hardest hit areas is somerville in northeast georgia which got up to 10 inches of rain and is now facing a water crisis. the city does not have any access to clean water right now. flooding at the water plant forced officials to cut it off entirely. that means thousands of people will need to boil their water before using it. i talked to the city's mayor earlier this morning. he says it could take days to fix the problem. >> we are giving out water due to our water situation here, and we will continue to do that until we can get water to the residence. the flooding was unprecedented. we've never had our water plant to be under water before, but we do continue to work on that. >> and in the west coast, 46 million people are under heat alerts today with more than ten locations in california alone seeing record high temperatures for the month of september. some spots breaking the record

by as much as five degrees. it's intensifying the wildfire threat there. two people were killed monday and another was injured in a fire in southern california. thousands of homes are now under evacuation orders. nbc's steve patterson joins me now with more. steve, do we know how these fires started and what's the progress right now as far as battling them and trying to contain them? >> a bit too early to tell how this started. these are still two incredibly active scenes even with significant containment, even with the way the weather is right now is so ccombustible. part of that element i, can feel right now. it's so incredibly hot. that heat is like a furnace. the kindling is almost like the ground that we're standing on because it's so incredibly dry. the stoker is the wind, and that's what we see, a pattern on pattern of these fires, especially in this current heat wave. so dangerous right now. about 4,400 firefighters across 14 large fires, just the large ones that we can tell right now. that fire proving deadly as you mentioned. we heard from a press conference

earlier today the two people that died in that fire were trying to escape. the winds simply too erratic. there are still 3,500 people displaced from their homes. the fire only about 35% contained. there's another fire burning, the radford fire in big bear. only 480 acres, no containment on that fire, though, and it's thankfully burning in a much more rural area. it has so much fuel to burn. temperatures are only increasing as the day goes on. a very dangerous day for not only people outside but the power grid, and of course those fires as well. >> steve, let's be clear. we only have a few seconds here. there's still a lot more fire season to go. we're not even dealing it with those offshore winds that create more problems later in the year. >> the sundowner winds that come, november brings the strong incredibly strong winds. we're not in that period yet, you're right, so to have this end of summer season heat wave really fuel everything moving into that, and then you combine the winds on top of that, and then you combine the fact that

we're in a mega drought, it's going to be pretty disastrous unless we can get a hold on this. >> steve patterson in los angeles, stay safe, stay cool. thank you so much. and thank you for watching this hour. i'll be back here tomorrow. "deadline white house" starts right after a quick break. so i go triple... with trelegy. with 3 medicines in 1 inhaler,... it's the only once-daily treatment for adults that takes triple action against asthma symptoms. trelegy helps make breathing easier,... improves lung function,... and lasts for 24 hours. go triple... go trelegy. because asthma has taken enough. trelegy won't replace a rescue inhaler... for sudden breathing problems. trelegy contains a medicine that increases risk of hospitalizations and death from asthma problems when used alone. when this medicine is used with an inhaled corticosteroid,... like in trelegy,... there is not a significant increased risk of these events. do not take trelegy more than prescribed. trelegy may increase risk of thrush and infections. get emergency care for serious allergic reactions.

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ruling has left the doj's investigation into the twice impeached ex-president's handling of government documents at a temporary crossroads. all eyes are on now what prosecutors do next after judge ilene ken nongranted the request for a special master to review the material and barred doj from using its documents for its probe until the special master is done. in a ruling that has been almost universally panned by legal experts, judge cannon expresses deep concern about any potential harm to donald trump that could emerge from the search of his private residence, saying she was mindful of the need to ensure the appearance of fairness and integrity under the extraordinary circumstances presented. she adds this, as a function of plaintiff's former position as president of the united states, the stigma associated with the search and seizure is in a league of its own. a future indictmen