now with the best price on two lines of unlimited. just $30 a line. with xfinity internet, you get advanced security 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. your reaction from capitol hill on the newest revelation in the investigation into former plump. right now what senators are saying about the bombshell

report in "the washington post" that documents about the nuclear capabilities of foreign nations were among those found at mar-a-lago. the former president is also responding. also, this hour we're following that news of an expected indictment for steve bannon. the one-time chief strategist in the trump white house looking to face prosecutors. when bannon could surreturn to thoughts. in tex, a judge gutting a key provision of the affordable care act. he ruled that free coverage of certain drugs that prevent hiv infections violate the religious beliefs of a christian-owned business. i'm joe fryer in new york in for hallie jackson. we're going to start with the latest fallout with ken dylanian, "the washington post" political investigative reporter josh dauce, and paul butler.

the fbi found a document that describes, quote, a foreign government's mill tar defenses, including its nuclear capabilities. nubs news has not independently confirmed this reporting, the doj declined to comment. put it in context for us. >> joe, it's hard to know what to make of the significant of this document. the post was not able to determine whether or not -- that could describe a think tank report or some of the high her classified information. we just don't know. the post did describe sort of some of the other documents that have been taken from mar-a-lago, and just how classified they are, excluding special access perhaps, which are briefed to only a small number of people inside the u.s. government. basically the president and top cabinet secretaries gets to decide who learns about those programs. they're usually in a safe at a

locked room. >> there are nine countries in world that have you these capabilities. does this have an impact on you're allies? >> i think this whole affair is having an impact, among many other leaks of classified information through the years, but this is perhaps the worst, because it involves allegedly the president's handling. so absolutely this is a breach of trust with our allies who share very secret information with the united states government, and trust it would be stored and kept properly, joe. >> josh, the senate is back in session, so we're getting new reaction. trump's spokesperson said the post, quote, continues to serve as the propaganda arm of the biden administration, and, quote, they collude in neverending leaks and lies. wet get that new reaction from some republicans. let's watch this. >> i'm not saying i'm not

concerned about the whole situation. i'm just saying i don't have the facts. what i have a lot of concerns over is the fbi raiding the home of the likely presidential nominee in 2024, the former president of the united states. >> senator hawley repeating some talking points we heard 'em before this latest revelation, senator kennedy maybe expressing reservations there. what more are you hearing, just from republicans in general? >> well, the republicans have taken more of a wait-and-see mode. at first there was a pugilisic, but as more facts come out you've seen less of a response. particular that trump's lawyers had acknowledged to the fbi they had given all the documents back, when they clearly had not, and then realized there were

documents of the higher international security, code programs, nuclear weapons, all sorts of secrets, and the republicans have been less robust. former president's orbit haven't giving fullsome denials. it's more on the process, attacks on the media, the fbi. and one of the these republicans now are in a place where they have to acknowledge the facts on the ground, through inventories, through multiple filings, while trying to stay close to the former president, knowing that he remains popular with their base, their supporters. >> looking ahead at what's next, paul. could this news have any impact at all on the doj's

investigation, which is already facing hurdles? >> i think it has to, the recovered documents are so sen tiff that its own agents have to get addition at security clearances just to see them. these materials were not found in the office at mar-a-lago, but some in his residence, even in a storage closet. i think this increasing trump's exposure for criminal prosecution. doj typically doesn't bring cases that just involve retention of classified documents. there has to be some extra factor like willful mishandling of evidence, or evidence of disloyalty to the united states, or obstruction of justice, but i think all of those factors are in play with these new refusalations. the former president, he still hasn't answered the central questions of why he was hanging on to this top secret

information, what he did with it, what he was planning to do with it. >> i want to play this. >> if i had had those in my office, i would have been in handcuffs. i think the justice department has gone out of its way to so deferens to the former president. >> as a top secret clearance holding trial attorney with the u.s. department of justice, i would not have been able to look at those documents without getting another clearance, and if they were at my home, i would be locked up right now. but doj can't make a decision about prosecution until the special master issue is resolved, when the damage

assessment issue is complete. the judge said the doj can't use the materials that are under review. we know that it's allowed for a national security review, but in terms of what the judge wants the special imagine administration to do, the special counsel to do, that's still real unclear. >> paul, are you surprised that the doj has not appealed that decision? >> they're in a really difficult position, joe. if they do appeal, that occasions a lot of delayed. there's no guarantee they win the case. the appellate court in this jurisdiction is extremely conservative. but if they don't appeal, there's also going to be delay in terms of getting the special master up and running. he or she has to get a security clearance. the other issue with not appealing is that this judge, who made this kind of weird, unorthodox decision, will still feel free, and we don't know

what this judge will do next. she seems to be more interested in protecting the former president than she is in applying the law fairly and impartially. paul, josh, ken, thank you for can iing us off this hour. what we know about the new charges expected for steve bannon, plus inside the new report, as part of a far-right extremist group. we're 62 days out from election day. more than half of all americans will have a 2022 election denier on their ballot. what you can expect before heading to the polls. that's next. can expect before heading to the polls that's next. 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?

it's the greatest sandwich roster ever assembled. next is the new great garlic. the tender rotisserie style chicken is sublime and the roasted garlic aioli adds a lovely pecan flavor. man, the second retirement really changed you. the new subway series. what's your pick? ♪ ♪ ♪ ♪ ♪ ♪ listen, i'm done settling. because this is my secret.

i put it on once, no more touch ups! secret had ph balancing minerals; and it helps eliminate odor, instead of just masking it. so pull it in close. secret works. in order for small businesses to thrive, they need to be smart. efficient. agile. and that's never been more important than it is right now. so for a limited time, comcast business is introducing small business savings. call now to get powerful internet for just 39 dollars a month. with no contract. and a money back guarantee. all on the largest, fastest reliable network. from the company that powers more businesses than anyone else. call and start saving today. comcast business. powering possibilities.

62 days until election day. we're talking about races that have election-denying candidates running for office.

one new report finds that more than one in two americans will have a 2020 election deniers on their ballot in november. some are hoping to become secretary of state or attorney general in key states, including arizona. this as democrats fight to keep control of the senate. in georgia today, senate candidates are sparring over debate rules. rafael warnock is telling his point, herschel walker, to, quote, quit the games and put out this new ad. herschel walker refuses to debate unless he already knows the topic. quit the game, show us if you're really ready to represent georgia. joining us is von hilliard, and alison barber in georgia. alison, has there been any response from the walker camp about that new ad? >> hersh the walker tweeted

earlier today saying this, in part -- i don't need debade topics. i accepted the savannah debate without conditions. let's do this debate for the people. look, we're debating debates here. we have been for a while. let me run sort of the timeline of events. you had herschel walker after he won the republican primary saying on a number of different occasions, he's willing to debade senator war knocks, the incumbent, and would do so at a choosing of the senator's place. senator warnock said he had agreed to three different debates -- one in atlanta, one in macon, one in savannah, georgia. then hersh the walker said he had agreed to a different debate in savannah, georgia, this one hosted by nexstar. they've gone back and forth

criticizing each other. today the senator's campaign said we will participate that hershel walker has already agreed for, if you are willing to, one, say you won't accept any topics priority to the debate, and two, if you will great to one of the other two debates we have already agreed to, either the debate in atlanta or the debate in macon, georgia. all of this is happening as this race increasingly gets tiger and tighter. the most recent poll herschel walker leads by two points. that's a poll from emerson college, but in the majority of polls we have seen so far, neither candidate is really above the 50% threshold. that's important, because in this state, if one candidate does not get at least 50% of the vote, the top two go to a runoff. that is something that no one wants to do happen against. we are seeing two candidates

increasingly hitting the road, herschel walking launching his in emerson this morning. rafael warnock launching his about three weeks ago. will a debate or not? i think it's frustrating talk for voters, but maybe we're getting closer to seeing the two candidates come together on stage in what is a very important race that could very well determine who controls the united states senate. >> alison, you're giving us flashbacks to 2020/2021. let's move from the southeast to the southwest. vaughn, i want to ask about these deniers that are on the ballot in many states. these are incredibly important positions, right? >> right. let's look at arizona here. in order to certify the results of an election. it requires the signatures of the governor, secretary of state and the attorney general. well, the republicans have

chosen nominees for each of these positions who have said they would not have certified the 2020 election, which joe biden won here in the state of arizona. that's what gets at the heart of the questions about 2024. if any or all three of these individuals were secure these positions in these november mid terms, it could throw the election into chaos if a democrat were to win in 2024. joe biden or somebody else, and if these individuals refused to certify the elections. it's also heightened attention not only among voters, but nationally on the importance of these races. i want to introduce you to adrian fontez, and chris mays, the democrat returning for attorney general. take a lick to my question about how central to the campaign the threats of democracy were for them. take a listen.

>> folks just want things to operate normally, we run the election, they're good to go. this extremism we are seeing in a lot of the candidates you talked about, they really are backed up by a national network of election deniers pumping a lot of money into these races. >> people are seeing these as critical to protecting and -- our democracy going forward. >> joe, again we're seeing heightened attention on these down-ballot races, but also exponentially growth in terms of campaign contributions. again, this is not just arizona, but take a look. you're talking about election-denying candidates in several other states as well. from michigan for minnesota to new mexico, and doug mastriano, if he were to win as republican

governor, he would be in charge of appointing secretary of state to run the state's elections. but you're seeing it across the country for attorneys general. this is a situation here where it's not just governors at the forefront of their state's elections, but also the secretary of state and all-important attorneys general races, too. thank you both. legal trouble is brewing to steve bannon. nearly two years ago he received a pardon from president trump in a federal fraud case. now he's expected to face a state indictment in new york. he plans to turn himself into tomorrow, citing people familiar with the situation. in a statement first given to nbc news, he gives the charges phony, claiming the, quote,

partisan politicization of the criminal justice system. tom winter is here with me. what do we know about this expected indictment. >> we don't have a lot of details. our colleague jonathan dean has just wrapped up a press conference, and he asked if what is expected tomorrow, and he declined comments. so we don't know the specific statutes, so i can't tell you the potential penalties for him. we do have some indication it centers around the we build a wall effort. this investigation indicate to a head in august of 2020 when federal prosecutors here in new york indicted bannon, along with several others, they portrayed it as an all-volunteer or complete nonprofit, that everything working for it would

not receive money, all the money would go to a private effort to build a southern wall. according to federal prosecutors, that's not what happened. in bannon's case, he took several hundred thousands were fund out of there. as we reported shortly after president biden took office, the manhattan d.a.'s office opened their own investigation. there are potential state charges here, and the presidential pardon doesn't cover the state charges potentially here. on top of that, unlike the man afoot situation where he was charged by the manhattan d.a.'s offices, after pleading guilty in his own separate matters, bannon has never been before a court, judge or trial in this case. so it appears they don't have any double jeopardy concerns. we'll have to see tomorrow, the

specific charges they'll good, and i will be there. tom winter, we know you'll be on it. we appreciate it. a big change if you ride the subway or bus here in new york. when you officially officially ditch your mask. inside the new strategy switching to yearly covid shots. what you need to know, and what it means for the pandemic. we'll talk to the white house covid response coordinator, dr. ashish jha. that is next. , dr. ashish jha that is next and longer when you need it most. its non-habit forming and powered by the makers of nyquil. ♪ ♪ i'm getting vaccinated with prevnar 20. 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 to help prevent infections from 20 strains of the bacteria that cause pneumococcal pneumonia. in just one dose. don't get prevnar 20 if you've had a severe allergic reaction to the vaccine or its ingredients. adults with weakened immune systems may have a lower response to the vaccine. the most common side effects were pain and swelling at the injection site, muscle pain, fatigue, headache, and joint pain. i want to be able to keep my plans. that's why i chose to get vaccinated with prevnar 20. because just one dose can help protect me from pneumococcal pneumonia. ask your doctor or pharmacist about getting vaccinated with prevnar 20 today.

ever wonder what everyone's doing on their phones? they're investing with merrill. think miss allen is texting for backup? no she's totally in charge. of her portfolio and daniel g. she's building a greener future and he's... running a pretend restaurant. and phil? phil has questions, but none of them are about his portfolio. digital tools so impressive, your money never stops working for you with merrill, a bank of america company. this thing, it's making me get an ice bath again. what do you mean? these straps are mind-blowing! they collect hundreds of data points like hrv and rem sleep, so you know all you need for recovery. and you are? i'm an investor...in invesco qqq, a fund that gives me access to... nasdaq 100 innovations like... wearable training optimization tech.

uh, how long are you... i'm done. i'm okay. the new subway series menu. the greatest sandwich roster ever assembled. tony, the new outlaw's got double pepper jack and juicy steak. let's get some more analysis on that, chuck. mmm. pepper jack. tender steak. very insightful, guys. the new subway series. what's your pick? [sfx: stomach gurgling] it's nothing... sounds like something.

♪ when you have nausea, heartburn, indigestion, ♪ ♪ upset stomach, diarrhea. ♪ pepto bismol coats and soothes for fast relief... when you need it most. a new ruling in texas today is dealing a sucker punch to a keep provision of the affordable care act. a federal judge says employers are not required to cover drugs that prevent hiv infections in their healthcare plans, adding that mandated coverage violates their religious beliefs, including pills like -- eleanor, this is a lawsuit brought by a group of christian conservatives. literally one of their arguments is they don't want to pay for the drugs, because they facilitate or encourage homosexual behavior, which is contrary to their religious

beliefs. walk us through the argument and what the judge is saying. >> this is part of a larger effort on behalf of many christian conservatives to, you know, challenge the many preventative care mandates around contraception, now around hiv prevention, and other medications and preventative care that they say violates their religious beliefs. today, judge reid o'connor here in texas agreed with some of those arguments, saying that paying for prep, for example, you know, is very effective at reducing hiv exposure, you know, would be seen to violate their religious beliefs. so that is a significant ruling on that one specific aspect, and also, you know, his ruling racing questions about the government's ability to, you know, require these preventative care services more generally. >> these drugs are game-changing

drugs we know hundreds of thousands take prep to prevent hiv, but this has larger implications. is it possible other drugs coarse started because of this or with this type of argument? >> we are expecting the federal government to appeal, but the ruling says that the preventative task force, which decides what services have to be covered, no cost, to employees through employer-sponsored health plans, which one of those sort of qualify. so he says essentially that task force does not have the constitutional authority to decide that, which would raise questions about whether they can authorize, you know, things, including std screenings, contraception, other sorts of health screenings, and wider-reaching preventative services. a lot of that remains to be seen about the effects, but that is

the initial rulings. >> thank you for joining us. with he appreciate your time. updated covid booster shots are rolling out nationwide. the white house is signaling they people will likely only need it once a year, but not everyone is eligible yet. pfizer's shot is available for children 12 and up. moderna, 18 and up. joining me is nbc's cal perry. we know, what, around 60% of children between 12 and 18 are fully vaccinated, then the number plummeting, just 30% from 5 to 11. what are you hearing from health officials? do they think this is a bit of a game changer in? >> reporter: for the first time in three years i've been standing outside hospital, it's

like there's a tool in the arsenal that will directly protect against thinks two variants, ba.4 and 5. if you haven't had a booster, they would like you to get that booster. you mentioned this briefings that took place yesterday. i certainly don't want to take away from your next guess, but a lot of talk is about getting it with your flu jab. take a listen. >> it's a great opportunity to make sure we improve our vaccine rates for both flu and covid, but making sure we're offering them at the same time and wee encouraging pediatricians and physicians around the country to get both tame, if possible. >> reporter: the only thing, that, of course, as kids go back to school, there are very few mask mandates in place, doctors again pointing to the very boring but basic things that can help. just because a mask is not required in school, should there

be an outbreak, mask can go a long way in helping that. >> cal perry, thank you so much. we're going to bring in white house covid response coordinator dr. jha. you've been describing this as a major milestone in the pandemic. the cdc records that 67% of americans are fully vaccinated. not even half the family in the u.s. got the first booster. some space fine ear fewer will get this next booster. what are the steps the white house is taking to try to get people to get this updated booster, first of all, thanks for having me back. if you look at those numbers. the basic point is for a lot of americans, it's been confusing. what we're saying is that at this point in the pandemic, this is a reset. this is a new vaccine, it's a

bivalent vaccine with the code for the omicron, that helps your immune system deal with omicron much more effectively. instead of thinking about this as a booster, i think people should think of this as an annual shot for the majority of americans. there may be others who need more protection, but the majority of americans, one shot in the fall will protect you against serious illness for the whole year. that's how people should be thinking about it. people should go out and get their covid shot every year. it will protect them during the fall, winter, holidays. i think if people understand that, we'll get a lot of people to do it. >> how confident are you that it would be a once a year shot. >> i think for the majority of americans once a year will be a high degrees of protection. the boosters last year, if you're a 35, 40-year-old, you

still would have a good agree of protection, despite the emergence of omicron. i remain confident, especially with this bivalent vaccine, that for the majority of americans it would provide a high degree of detection. mother nature can throw curveballs at any time, so obviously if we get a crazy variant that we're not expecting, all bets will be off. we'll have to look at it. >> doctor, new york is finally ending it's mask man dade for mass transits, subways, buses, trains. i ride the subway regularly. i can tell you half the people are not even wearing them right now. do you wish new york was waiting a little longer? >> a couple things i would say. i think we are entering a new phase of the pandemic. we know that while masking worse, we know decision around

mask mandates, those are decisions best made by local leaders who understand their communities. i think at this point, with infection being at five, numbers coming down, the key is to watch the numbers carefully. obviously if it trends in the other direction, we may want to take different actions. dr. rochelle walensky was on earlier, responding to -- who says, quote, a healthy young person really is unlikely to benefit from a booster dose. i want to play part of that interview with dr. walensky. >> we are simplifying our message. the message is you need your fall booster vaccine. go ahead and go ahead it. if you're over the age of 12, if you have received your primary series, more than two months out of your last shot, you can get an updated vaccine. she says they're simplifying the

message, you said you're simplifying the message. are you worrying at all it's too laid to simplify the message? >> it's been a complicated pandemic. i understand sometimes that can feel complicated, but the truth is we do better if we stick to the science and stick to the evidence. i think for a vast majority of the americans, i think a single shot should protect them. i have a nephew who who asked me this, he's pretty healthy, he probably will be okay, but he cares about his grandparents and aunts and understanding 8s. but once you get vaccinated, you protect those around you. obviously as you get older, it becomes that much more important. >> this updated booster is only

available for 12 and up. when do you think we can see boosters for younger kids? >> that's a great question. i have a 10-year-old. i'm not sure he's excited about this, but he knows he's the one member of our family whose not eligible. what i know from the data is both pfizer and moderna are working on that, working with the fda. once the fda has had a chance to evaluate the evidence and data, they'll make a decision when they're ready. so in our household, everybody else will get one. it's important. it's important. thanks for having me on. thank you so much for joining us. next up, ukraine is calling for people near the nuclear power plant to evacuate. we have live on the ground with the latest. to evacuate. we have live on the ground with the latest so when you finally taste it, it just confirms...

this. is. fantastic. and only at panera. $0 delivery fee for a limited time.

♪ ♪ ♪ ♪ ♪ ♪ right now ukraine is calling

for people who live near the nuclear power plant to evacuate for their own safety. they're being urged to get to ecrane-controlled territory. russia denies shelling near the nuclear plant. jay, what is the latest? >> reporter: yeah, you know, joe, if you think about it, this area around europe as largest nuke la facility, this is -- first advancing russian troops is a threat, but also the possibility of a nuclear threat. both are very serious, and something that they watch very closely. you're right, deputy prime minister here, the vice prime minister has urged people to leave that area if they can. the problem is getting out. the fighting has been so intense over the last few weeks, there's just no opportunity to leave.

now, independent investigators have said there needs to be a demilitarized zone there, a safe area, but nothing has happened along those lines from either side. so you have this continued shelling. some shells have hit very close to the buildings, there's damage to the rooftops. we also know that the radiation counter there, the housing that it's kept in has been hit as well. diesel fuel has been hit there. the resources for the generators, should they lose power. so it's a very tense situation, and one that they continue to call dire and unparalleled, as far as this war is concerned. >> a tense situation. we're going to continue to keep an eye on it. jay gray, thank you so much. still ahead, the future of

former president trump's social platform in doubt after a key vote got delayed. who is on the membership list of a far-right group? michelle obama just talked about threats to democracy, and she says it's critical for everyone to defend. >> i still know deep in my heart what we share, as my husband continues to say, is so much beggar than what we don't. our democracy is so much stronger than our differences. 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. 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? ever notice how stiff clothes the new subway series. can feel rough on your skin? for softer clothes that are gentle on your skin, try downy free & gentle downy will soften your clothes without dyes or perfumes.

the towel washed with downy is softer, and gentler on your skin. try downy free & gentle. so how many vaccines have you given to people? me? about 1000. walgreens...millions. ♪♪ i cannot miss her big debut. with your booster, i think you'll be there. for every twirl. i got a shot so my sister won't get sick. way to go, big bro! so while we're here... flu shot, as well? let's do it. when you need to talk vaccinations, our pharmacists are here ♪♪ this is the planning effect. nina's got a lot of ideas for the future... a lot of ideas. so when she wants a plan based on what matters most, she turns to fidelity. at fidelity, anyone can create a free plan. a plan that can change as your priorities do. and nina's free plan? it leaves her free to focus on what's important right now.

that's the planning effect. from fidelity. as a main street bank, that's the planning effect. pnc has helped over 7 million kids develop their passion for learning. and now we're providing 88 billion dollars to support underserved communities... ...helping us all move forward financially. pnc bank: see how we can make a difference for you. ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ ♪ ♪ the antidefamation league pored over a leaked membership list of a far-right group known as the oath keepers. it found hundreds of law enforcement, u.s. military, even elected members. you may remember their role in the attack on the capitol, more than two dozen people associated with the group is charged in

connection. does it prove that a person was ever an active member or shares the ideology? associated press reports that some people its journalists contacted on the list were briefly members, and no longer affiliated with the group. ben collins joins us for more. what are you learning? >> 38 thousands people, that's a lot of people. some just put in $10 to get a discount on a t-shirt. also, you know, i think a lot of people think this is happening in strictly red areas. you know, two of the biggest states with this membership were texas and -- sorry, california and new york, next to texas and florida, which you would probably expect. these people are all over the country. it's a membership list that was

built online over the last 12 years. the oath keepers are built on the idea they're keeping an oath to the constitution, no matter what, even if current laws disobey them. that's the point of this, to build a large group of people throughout the country, both in law enforcement officials who are kind of abiding by their own laws. >> ben, i want to ask you more about that because there are a number of far-right extremist groups out there and you've become familiar with every single one of them even ones that we have not heard much about. what can you tell us about the oath keepers and their founder, stewart rhodes? >> the oath keepers are premised on that. stewart rhodes created it in 2009 to push back on what he thought was some sort of eminent constitutional takeover by barack obama. obviously, that did not happen and they got more militant as time went on. in fact, one of their offshoots the constitutional sheriffs, tries to recruit sheriffs all

throughout the country. one of the founding members of the oath keepers founded the constitutional sheriffs and their point, basically is to abide by their own version of the constitution, abide by what they think the constitution means and not what the law is, and the law of the land in the united states. that's why it's scary and this stuff can happen subtly over the course of time. >> the fact that the adl found that, is that surprising? >> not at all. these people are very interested in this as a social cause. the fact there's 81 of them is a lot of people. 81 elected officials in this country believing in this kind of thing, if you have people believing in the oath keepers version of the constitution rather than the actual constitution. >> we appreciate it. >> the future of president trump's truth social is now in limbo. the site is hoping to merge with

an investment company and it needs more time to get shareholders onboard and reuters was first to report the company did not have the votes and it's been put off until tomorrow. the potential collapse of the deal is raising questions about the future of the former president's platform. one of his primary forms of communication these days. joining us with the latest on this is nbc's jacob ward. explain this merger to us and what happens to truth social if it does fall through? >> well, the whole concept here, joe, was that truth social was expecting a huge infusion of cash. over a billion dollars from a special acquisition company called digital world acquisition company and that money was going to be the way that this thing moved forward. digital world raised that money using retail investors, so this is not big investors and these are everyday people throwing money in here as they can on this, and they bought into it with the assumption that that money would wind up going to

truth social in order to keep it going, but now, as you mentioned, reuters reports tuesday that the shareholders have not lined up to vote for this in the adequate numbers to make it go forward, if they cannot get 65% of the shareholders to go ahead and authorize this, then it could be that the whole thing has to unwind and that would leave anybody with more or less nothing. it's a hugely disappointing turn of events for a thing that really was supposed to be the lifeline for donald trump as he left twitter and facebook when he was banned off of those platforms and tried to create his own and now it could be that the whole thing comes apart tomorrow if this vote can't come together. >> so if you asked the former president about it he is trying to think everything is going according to plan. the site is doing amazing and has become the most engaged social media platform anywhere on the internet.

so i'm thinking of social media platforms, tiktok, instagram, facebook, twitter and can probably name out several more and fact check that for us, jake. >> the former president is think, a consummate salesperson, likes to make these big claims and unfortunately none of that seems to hold up. according to reporting from marketplace, "the washington post" and nbc news, the numbers do not look good. for one thing the share price of digital world has fallen apart. people bought in at a very high share price and then it reached a peak of $175 last october and right now it's trading just south of $23 and if the deal falls apart and that would trade at ten and that would be a huge financial hit to put money on that and it's the usage of the site and it's been reported that right now they've got about 500,000 daily active users and if you look at even the smallest of the major social media platforms, twitter. they have northwards of 215

million daily active users and it's literally a drop in the bucket and the social media landscape and former president trump who used to enjoy tens of millions of followers on twitter and he was up to 89 million followers on twitter and he used to have two and a half million on truth social if that many. it hasn't made a huge splash in terms of a mainstream social media reach and the whole thing can come crashing down. >> if this vote does happen tomorrow when will we know the truth about truth social? >> they vote on a one-year extension while they deal with a federal investigation into digital world and they may have, in fact, arranged this preparation ahead of time with knowledge that they were going to put money into truth social. in order for them to fend off

that legal investigation, they're hoping to get shareholders to grant them an extra year, that's the issue here and even if the vote comes through they face very strong legal and financial headwinds. >> jacob ward. thanks so much. thank you for watching this hour of msnbc. i'm joe fryer, catch me on msnbc news now from 7:00 to 9:00 a.m. eastern. "deadline: white house" starts after a quick break. "deadline: white house" starts after a quick break.

(vo) at viking, we are proud to have been named the world's number one for both rivers and oceans by travel and leisure, as well as condé nast traveler. but it is now time for us to work even harder, searching for meaningful experiences and new adventures for you to embark upon. they say when you reach the top, there's only one way to go. we say, that way is onwards. viking. exploring the world in comfort.

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.

♪♪ ♪♪

♪♪ hi there, everyone. it's 4:00 in new york. an eye-popping piece of brand-new reporting from "the washington post" drives home the fact that the criminal probe into donald trump's handling of presidential records is not at all an issue of returning overdue library books as trump's lawyers have asserted. it's about a twice-impeached ex-president hoarding and holding on to some of the most critical, most sensitive intelligence that the united states has at its disposal. from that new washington post reporting, quote, a document describing a foreign government's military defenses including its nuclear capabilities was found by fbi agents who searched former president's mar-a-lago residence and private club last month. that is according to people familiar with the matter, underscoring concerns among u.s. intelligence officials about classified material stashed in