funeral. halle jackson picks up our coverage right now. >> katy tur live for us in london. we will see more of her coverage throughout the weekend and of course on monday as we give you a live look here at this vigil that king charles and his royal siblings here, at the queen's coffin. we can see him there, in his somber and emotional moment, one of many over the last week, after the death of queen elizabeth ii. the king now, king charles, is there with wis siblings, we expect the queen's grandchildren to hold a similar vigil tomorrow night there in the u.k. i want to bring in ms. msnbc anchor lindsey riser, and common tater ken muir as well. and i'm struck from the images, and as we pull up the live pictures so folks can see them, there are members of the public who have been waiting in line for hours and hours who are walking past not just the queen's coffin to pay their

respects but the king as well. >> you cap tur too captured it so perfectly. and it is a jovial moment, people making friends in the cue, but certainly, this is one of those poignant moments that shows you, this is what it is all about for people. we are still in this 10-day period of mourning. i was just near westminster palace, before the king and of course, his siblings stood vigil there, and the vin, vigil of princes, a stoic position, and you could hear a pin drop, and everybody waiting for a catch to catch a glimpse, and one of the places they're cueing now, there is a cue for the cue for the filing behind me in southern park this morning and at the time they weren't letting anybody in, because it was at capacity, and the sign actually said, from this point, you will

be waiting at least 14 hours, be prepared. and despite that, there were throngs of people coming in droves with smiles on their faces, with backpacks, small bags ready to be in for the long haul and i spoke to one person who was from estonia, snacks and a coat in his backpack, he knew it was t-would be a chilly night but absolutely willing to do this and now that wait is about 22 hours long. so it will be a chillier night. we know this is a very important moment for people to feel like they're a part of it. they don't just want to watch it on tv. and i also spoke with a psychologist about this. and she said that britain is a nation of cuers, and it is almost an attraction in and of itself and it is a way to feel grounded in a time of limbo, in a time of upheaval, political and economic, and people have been making friends and she told me that is a beautiful king to give to the people. and we are seeing a vigil of princes here, for the next few

minutes, we will see her majesty the queen's eight grandchildren stand vigil tomorrow as well, including princes and harry and we know they will continue to file, just for their chance to bow, to curt cy, to say thank you you to their queen. >> we saw the king alone walking by himself out of the vigil. you talk about the vigil of princes as a tradition that began in 1936, i want to bring in tim, and as you look at the images live, what stands out to you? >> i think one of the things that i've been reflecting on, as we began this process, talking about the british monarchy, many days ago now, and one of the things that we discussed was the popularity or lack of it of the new king, and how he would be able to step up to the job. well today, he began today by

speaking largely in welsch to a parliament, and then bunched into the crowd, and shook hands with lots of people, and talked to people individually, for hours. and this evening, he is back again, grieving in public. and he had a big challenge ahead of him. and i think generally speaking, i mean there were some dissenters there, to be fair, today, but generally speaking, i think people now feel that he has actually really risen to the challenge. >> there was also a moment that we saw, prince andrew, in his military uniform, according to what a royal source is telling our team there, in london, as a sign of respect to the queen. >> well, i think we can safely say this. that they will not see prince andrew appearing in public in that uniform again. unless in his lifetime there is another big state funeral. which obviously we hope there won't be. he has been able to wear that

uniform, the uniform of the fice admiral of the royal navy, tonight, for the last time, when he goes to the funeral on monday, he will have to go in mourning dress, not in uniform, and he will not anymore be taking part in the public life of the royal family, and a little earlier, there was talk about the shrinking size of the royal family, the slimming down, well, he's going to be completely absent from it, from next week onwards. >> tim ewart, lindsey reiser, thank you very much for your perspective and for your reporting here, as we continue our coverage of a country saying goodbye to its queen. we will have much more here on msnbc. but we do have other news to get to in washington and beyond. a florida judge overseeing the trump document investigation telling the special master that independent third party to get to work, naming a new york federal judge dearie to start looking at documents taken at

mar-a-lago and getting back to work on the documents, saying the d.o.j. will appeal the decision. we are waiting for the appeal. we will bring in the justice correspondent ken dilanian and legal analyst holly winestein. what we are expecting may come in a matter of minutes or hours or may not. >> well, the appeal of course, and in terms of what happens now, that's the first thing that could happen, is that the justice department is going to ask the appeals court the same thing they asked this judge, which is to stay part of the order, and allow them to use the classified documents in their criminal investigation, so we'll see what happens with that. but in terms of what the special master is being asked to do, he's being asked to review documents to see whether any of them are subject to attorney-client privilege and executive privilege and whether any of them are donald trump's personal documents that don't belong in a criminal investigation. the issue with attorney-client privilege, p this is so bizarre.

i mean this senior judge is being asked to rule on what are personal and protective presidential communications. there's no precedent for. that and it's not clear what law he's supposed to apply. the judge doesn't really say that. because they're saying it is not entirely clear and there supreme court case has interpreted executive privilege but it is not that well settled, the law on executive privilege, and the justice department by the way, insists there is none of that anyway. but the good news here, for the justice department, is that the judge instructed the special master to review the 100 or so classified documents first. so it's possible that won't take very long. but they'll have their classified documents, which is the thing that they seem to really care about anyway and the whole thing may end up being a speed bump instead of a road block. >> ken, i'll let you get back to your reporting work. i know you have a lot to do. thank you. >> let me go to you. the judge here, the special master hat two and a half months now to do his work. do you think he will make full use of that time. >> i do, in fact, i'm not sure

that's enough time, and that's because i think that his assignment doesn't really make sense, i mean let me be clear, i was a prosecutor in the eastern district of new york, so i appeared before judge dearie many times, and he is a very fine conscientious judge, but the assignment that they have given him is hard to understand, because the trump team really had no answer to the d.o.j.'s argument just about these 100 documents, which was it's not possible for classified documents to either contain attorney-client privilege or be subject to executive privilege of a former president in a way that would mean the government, the current government, the currents executive branch, cannot have them. so it sounds like what judge dearie is being asked to do is to make new law, resolve new legal questions, and of course, that's a very strange and aberrant thing to ask a special

master to do, and it is still really unclear why there needs to be a third judge designing some of these questions, and at this moment, before an indictment has even come down. so i do worry that all of this is going to spin out legal questions upon legal questions, that will make that november 30th deadline come really soon, and that if the 11th circuit does not intervene, and overrule judge cannon's opinion, that this thing will drag on. >> because of what you had just laid out, tali, help us understand, give us some insight into what it must be like to have an assignment like this that you did not ask for land in your lap. >> right. so you know, i described judge dearies a conscientious with intention, because he will do what, his very best as what he is asked and i cannot imagine a person more capable of taking on

this assignment. but it seems so simple, in that two-page order, just take out the things that might be executive privilege. let's just pause on that. you know, ken gave us some focus on that issue. even if you think it is possible for there to be some residual privilege that a former president has, at best the supreme court has hinted that that might exist if a different branch of government is trying to get something that the former president had some privilege over, when he was in office. the idea that a, the sitting government, that joe biden's presidency, cannot take classified documents, because donald trump had read them and looked at them and possessed them earlier, really just makes no sense, and judge dearie will have to pass on a question like that before he does the sortsing

work, the work of segregating paper that is more traditionally one what a special master is supposed to do. a special mast ser supposed to be a helper to the district court, particularly when something is really voluminous, he is not supposed to be a substitute for the district court judge, and certainly not deciding these hard questions in front of a judge who came in to a criminal investigation that was existing before a different court in florida. >> tali, thank you so much for your analysis. good to see you, as always. coming up, we will take you live to chicago, where vice president harris is making a big push for abortion rights today. with more and more restrictions rolling out across the midwest, plus, over at the white house, you've got president biden and on capitol hill, top democrats, quietly working to re-shape the courts as we get new reporting on how his team is gearing up for 2024. we have both of those stories ahead. and the president of course, is set to meet with brittney griner and paul whelan's

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president biden meeting today with the families of brittney griner and paul whelan, two americans being detained in russian prisons. with the white house under more and more pressure, including from those families to get these people home. even if that means a prisoner swap with moscow. the administration we understand based on our reporting has already offered this notorious russian arms dealer in exchange for the two americans. things on that front seem to have kind of stalled. now sources tell nbc news that russia is demanding another prisoner in u.s. custody, be included in any kind of swap. i want to bring in msnbc white house correspondent carol wie with us now, talk through this moment in time now. because i know that these families, they talked about this publicly, some of them, have wanted to keep up the pressure on president biden, i think they

saw that worked in the case of trevor reed, another american who had been detained, the reed family was extremely public and it feels like this is part of a full court press. >> right, and what we're seeing is that the president, who is under a lot of pressure, public pressure to bring paul whelan and brittney griner home and much like trevor reed and moving from a phone call from the sister of paul whelan and the wife of brittney griner earlier this summer, and now he will have separate meetings with each of them and we're told that the president will convey that this is a top priority for him, the white house saying that this is something that he is very focused on and wants to convey that personally and that's what he will do in these meetings and also update them on where things stand and as for that, what we're learning is that russia, there is an offer on the table from the u.s., and to the administration is saying, and russia has just not counter-offered or accepted it.

and now they're saying that negotiations nonetheless are still ongoing but that's where things stand right now. the press secretary at the state department talked about this a little bit. take a listen. >> why this process is taking so long is a better question for moscow than it is for us. it's a better question for moscow, because as i said, we took the initiative to put a substantial proposal on the table. i wouldn't characterize this process as stalled. it certainly hasn't moved with the speed we would like. >> so you hear the administration saying that, look, this is moving forward, even though russia isn't responding, that it's not like negotiations have completely shut down. what that means, we just don't know. one thing that the white house said today is that they are following the same lines of communication and the process that they've done with trevor reed, while declining to go into very specific details on that. but the u.s. is willing to

negotiate with the arms dealer in prison and now russia is sort of upping the and they, according to the administration officials, with this numerical parity thing, they want two for two. >> carol lee, great reporting from the white house. good to see you. thank you. for more on the negotiations with russia and other key events happening overseas, i want to bring in john kirby, strategic communications for the national security council, live from the north lawn of the white house. mr. kirby, it's good to see you. thank you for being back on the show. >> happy to be here. >> sure. let's me start with this meeting between president biden and the griner and whelan families, two separate meetings i understand, have they happened, ongoing, are they done, what can you tell us? >> they haven't happened yet. there will be two separate meetings. one with each family and happen a little later this afternoon. and then we'll be able to provide a general sense after the meetings when it's over. >> do you have a sevens the goals or the expectations on the -- do you have a sense of the goals or the expectations

from the white house end from the meetings plural? >> and we talked about that earlier in the briefing room. the president is looking forward to this meeting, these meetings very, very much. he wants to convey that each family, how seriously he is taking these cases, and how hard he is working, and the team is working, to get paul and brittany back home with their families, where they belong. he is also going to give them an update on sort of where we are in the negotiation process, so that they can stay fully informed. we've been doing that by the way through telephone calls and other means of communication, over these past months. but the president feels strongly that he wanted to do this himself, personally, to make sure that they understood just how seriously we're taking these cases. >> i believe you know our new reporting here at nbc news, about what we understand to be a new demand for russia, a two for two kind of swap. what can you tell us about that, and is that something that the u.s. is willing to consider? >> i would rather not get into the details of the offer that he that's on the table and the

proposals, or the negotiation process. i think that probably wouldn't be good for paul or for brittany, for us to negotiate in public. what i can tell you is, that we have made a serious offer, and that we continue to urge russia to take that offer. we do remain in discussion. we do remain in negotiations, going on, back and forth, going on, so it is an active conversation, but we obviously haven't gotten where we want to get to. we haven't secured their release. so we're just going to stay at this and keep working on it and again, that is a big reason why the president wanted to meet with these families today, so that they not only knew how seriously he and the administration is taking it, but he was able to update them on where we are. >> you called it an active conversation and i heard ned price at the state department say that the question why it is taking so long is a better question for moscow. i don't have moscow in front of me, i have you in front of me. why do you think it is going so

slowly. >> it is difficult to discern what is happening on the russian side, and i think that is what ned was trying to communicate there. this is in sear. this is in earnest. and we have thought about it carefully through. and we have been talking to the russians about why they are not willing to take the offer and we don't know and i wish we did know so we could wrap it up quicker and get these two americans back home and that's what ned was referring to. i don't have perfect visibility in the russian thinking. all i can tell you is our thinking these two americans are wrongfully detained and we will keep working and we are willing to keep the conversations with the russians going forward. >> we know sergei lavrov, the russian foreign minister will be at the u.n. general assembly in new york next week. the state department has not ruled out the potential to sit down between lav rov and secretary blinken. would that be helpful in your view? could a meeting between those two push the deal over the finish line?

>> i won't speculate or get ahead of secretary blinken's schedule. i will tell you we're serious about this offer and we're serious about discussions with the russians to get paul and brittany back home and we will continue to look for ways to continue that discussion, to have that conversation and reach that result. >> bill richardson was in moscow last weekend meeting with russian officials to try to negotiate for griner and whelan, do you have any concern about a private trip interfering with the negotiations. >> private travel to moscow is not a good idea. there is a travel advisory out there. this is not a good time for private american citizens to be in russia. i would also say that the united states government is again actively involved with the russian side, to try to bring about the return of paul and brittany, and private citizens however well-meaning are not going to be empowered to speak for the united states government, and for our side of the negotiations. >> let me ask you about the war in ukraine.

ukrainian officials as we've been reporting here say they found another mass grave left by russian forces that are recreting this. one is in the eastern part of the country. more than 400 bodies. from what you have seen on this, does the white house believe this constitutes evidence of a war crime? >> it certainly looks that way. and that's why, as i said earlier, in the briefing room, we're going to continue to document and to provide input, to the commission of war crimes, and the evidence of atrocities so they can probably be adjudicate and analyzed and then held up for accountability measures by international and national bodies. so we're going to continue to work on helping contribute to the documentation of these atrocities, and again, we've seen some early reports, they certainly seem, in every way, consistent with the brutality and the depravity with which putin and his soldiers are prosecuting this war against the ukrainian people. it is just unfathomable. it is truly depraved.

especially when you think about what is clear evidence that there are civilians that are suffering here, and potentially even in this situation, where women and children, innocent young lives, snuffed out by the russians, in a mass grave. it's just simply hard to fathom. >> depraved i think you called it. >> it is. >> we know that the administration has newly announced an additional round of help, military help for ukraine. i think it is $600 million. weapons et cetera. i think we have talked a lot in the last week or so about the gains that ukrainians have been making on the battlefield. do you think it brings us any where closer to some kind of a resolution, peace talks or outright victory or is this something that will drag on indefinitely. >> it is difficult to know and i think anybody who can predict perfectly, it is probably not giving you a straight scoop here. and it is an active war going on

right now. in the north. and in the south. particularly. you're right. the ukrainians have made very impressive progress up in the north, east of kharkiv, and they continue to make incremental progress down in the south. in and around kherson and more. and what we're going to do and you saw this last night, is continue to provide them the kind of weapons and capabilities that they need to continue to squeeze succeed on the battlefield. that's the goal. we want them to succeed on the battlefield, so that if and when the two sides deem it appropriate to sit down at the negotiating table, president zelenskyy has the leverage. he can succeed at the negotiating table as well. >> john kirby for the national security council, thank you. still ahead on the show, we will hear from people trying to migrate to the u.s. now caught in the middle of a political fight over immigration. we're live at a facility trying to get them settled next. riders! let your queries be known.

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of america have the ability to exercise their own judgment in making decisions about their own body, and the government should not be making that decision for her. >> maggie vespa, our nbc news correspondent is joining us live from chicago. hey, maggie, good to see you. >> hey, good to see you, too. >> tell us about it. tell us about what is going on. >> should your, should. we'll talk about it. so the round table wrapping up a few minutes ago, the vice president having the mantra over and over, quote elections matter and there are a number of reasons as you can imagine as to why she is here in chicago, it has become a haven in the midwest with abortion rights with other states around here passing sweeping bans just in the last few weeks, few months as well, since roe was overturned and a local election that she wanted to highlight, that being in particular, the state supreme court justices, three of them, three of their seats up for election here

heading into the midterms, one for retention and two stepping aside and the seats are open and up for grabs. right now, that is democratically controlled state supreme court, but some experts say that if the gop can flip even just one of those seats, then they believe that we could see a flood of challenges to abortion rights here in illinois, in the months that follow. and it is something that advocates on both sides are keenly aware of. take a listen. >> if illinois falls as a haven, the midwest and the south will be devastated, in abortion access and overall health care. and it worries me a lot. even just next door, in indiana, where we previously had protection, it is so, it is such a quick turn-around where these things can change. >> one of the defensive postures here in illinois right now, trying to keep the state from becoming the abortion capital of the country. >> you saw the head of pro life america there, saying that they

are keenly watching, closely watching this election, the state supreme court election, here in illinois. and not one that might get a lot of attention normally but the stakes are obviously much higher. and the abortion provider next to the vice president minutes ago at the round table in chicago, noting with all of these bans going into effect in states across the midwest, since ro ex has been overturned, they have helped win from 40 states and two countries travel to illinois to get their abortions. >> maggie, thank you, in chicago. right now, you have migrants initially sent without any warning from governor ron desantis from florida to martha's vineyard off the coast of massachusetts and now heading to cape cod. you can see some of videos here. the massachusetts governor offering up a military base there for shelter, and a place to be while they figure out next steps. that political stunt from governor desantis not really a new one. officials from texas and arizona have also been sending buses of migrants to dc, chicago, and new york for months. of course, in this instance, there have been reports that the migrants didn't even know they were going to martha's vineyard.

they are caught in the cross hairs of all of this. including some children. arriving in unfamiliar places. with no warning. leaving local officials and volunteers scrambling to get them what they need to live. housing, food, clothes. our team is on the ground talking with some of those folks in martha's vineyard. watch. >> all of this coming as nbc news has exclusive new reporting on the friction inside the biden administration. more and more frustrations between the white house and dhs over the best way to handle immigration moving forward. i want to bring in nbc antonia hilton outside an asylum center in new york city. tell us the connection to new york and what you're seeing and hearing from people today. >> as people have been arriving here, what i've been noticing is

many are from venezuela and they say they have come on a long bus ride from texas. you know, these are people. they are exhausted. they are hungry. they don't have many possessions on them. and they are frankly in most cases not very aware of the political football going on here. they're just looking for assistance for helping hand. so here at the resource navigation center, what they're getting from the city and red cross, is help, you know, finding doctor's appointments, getting information about shelters, they're getting even free metro cards, and illegal assistance in some cases, and getting kids into school, for the families that have them, and so they're here, you know, they're going from here, and going out into the city, to the sy system and network of shelters. there have been about 11,000 migrants in the shelter system. only about 8,000 currently inside them. but even that number represents a major strain on resources. take a listen to some of the folks today.

the city is keeping its open door, open arms policy right now, but officials are concerned, as resources get strained, because thousands of people are expected to come week after week now. there is a mandate here, a right to shelter for any adult, no matter their immigration status, but officials are looking at possibly having to change that, if conditions get to a point, a crisis point, that makes it impossible for us to serve everyone who comes to new york city. >> live for us in new york, antonia hilton, thank you. brant new reporting about president biden's plan for 2024 and what exactly a re-election

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right now, you've got the biden administration and senate democrats racing against the clock, before the midterms, to push through as many judicial nominees as possible, including just this week, confirming yet another three. now stop, wait. i see your eyeballs glazing over. because yes, we're talking noms, but unglaze them, because this is super important and super interesting and it affects your life, like your actual human personal life. why? go back to the donald trump days. you know he and senator mitch mcconnell essentially reshaped the federal judiciary, with

republicans, confirming 231 federal judges, and justices, over the last few years, that is about 30%, 30% of the federal bench. so senate democrats are aspirining to try to catch up and trying to get judges on the bench working fast and you know this all matters, the obvious example of course is the supreme court, former president trump cemented a conservative majority there by getting three of his justices on, a conservative majority that of course overturned roev wade. that's the supreme court. that's a little different than your average circuit or district court but those lower courts are kind of a big deal, especially if you care let's say gun reforms or voting access or lbgtq rights. because trump appointees just made key rulings on those and we have a texas judge who just blocked the biden administration from overturning title 42 for example the trump era immigration policy. so this stuff matters. and democrats are trying to make their mark now, because if they lose the senate come november, all this work comes to a screeching halt. i want to bring in nbc news

senior national political reporter sal gapor and moving to dc and the belt way, people roll their ice but this is not a yeah yeah kind of thing, this is important, this matters and talk about what senate democrats and the president is doing now. >> the stakes are enormous. and this is such a consequential piece of president biden's legacy. so far at this point in the term, he is outpacing donald trump and other predecessors by having 82 judges confirmed through the senate by this point. an unusually quick number. and now democrats still have an additional few months to get some more judges through. and chuck schumer, the majority leader is determined to do that much, but beyond that, it is unclear how much further president biden can continue to build this legacy. that question will be answered by voters in crucial swing states that will decide which party takes control of the chamber in january, and if democrats hang on, chuck schumer will remain in control and he will continue to make it a priority, to push these biden nominated judges through. if republicans take control, it will be mitch mcconnell who will

have an extremely different idea of what kind of judges should be on the bench, and we have the power to bring this entire project to a halt. much as he did during the last two years of the obama commission, and remember, mitch mcconnell who believes in the conservative judges including the three that were part of the supreme court majority to overturn roe v. wade. so the stakes as you mentioned are very personal for americans. the abortion ruling is highlighted, has highlighted the fact that judges are not really theoretical but so many other issues at stake and it is the district court and the circuit court judges who have the last word, on 99% of cases, involving american law. very few cases even make it to the supreme court. >> there's another factor at play here, and that is representation and diversity. explain that. >> absolutely. well, there are two ways that president biden has diversified the federal court, through racial and ethnic diversity. you can see the numbers on the screen. highly unusual in terms of shares of judges who are black or hispanic or asian americans. three quarters of president

biden's judicial nominees, as of this summer, were women, which is highly unusual. the second way that biden has diversified the courts is experiential diversity. and this is where progressive advocates i've talked to are excited, and have broken with even the obama administration in picking a high share of former public defenders, civil rights labors, labor lawyers on the union side and a break from the corporate lawyer, you tend to get a fast track to the courts on presidents democratic and republican. and the one person who embodies this is judge ketanji brown jackson, she made history as the first black person on the supreme court and a former, first black woman on the supreme court and do you want more judges like ketanji brown jackson or more judges like amy coney barrett. >> thank you very much for the reporting. a good look at what is going on on the senate side this week. appreciate it. next up here on the show, the nbc scoop on what president

biden's 2024 re-elect could look like. new behind the scenes details. plus take you live to nevada where the governor's race is really getting hot. with the republican candidate getting help from out of state. we will take you to the campaign trail next. choosing a treatment for your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®. botox® prevents headaches in adults with chronic migraine before they even start. it's the #1 prescribed branded chronic migraine treatment. so far, more than 5 million botox® treatments

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join can the nbc news scoop, with the team learning that president biden's top advisers are quietly assembled a 2024 campaign and the president's team talking about who might manage that kind of operation, potential themes according to p with the planning, nine of them. the president and his team coming off a few big wins. recently the so-called "inflation reduction act." and then his polling seems to be getting better. his approval rating going up from 36% about a month ago to now around 45%. one of the folks in the biline of that story is nbc news senior national politics reporter john allen. and you're talking about a couple of things here, that this current plan for the campaign -- and yes, it is still -- election day 2024 is still two-plus years away, but it would rely heavily on the dnc. more the bill clinton model than the barack obama model. talk about it. >> absolutely. i did this with carol lee and three of our great colleagues. basically what you're looking at

is biden building up the dnc as he has been through the course of his presidency. barack obama preferred to build his own campaign in his outside organization organizing for america. what biden is doing here is putting a ton of resources into the dnc. there are a lot of reasons. the biggest is that the dnc has joint operating agreements, a little wonky here, but with all the 50 states. which means they're able to raise as much as $875,000 a year from a single donor. and from each single donor. then they can give unlimited funds to the state parties which means that the state parties can set up a lot of the field operations, a lot of the work a campaign would normally do, and take that off of the shoulders of the campaign that would in this case be a little more skeletal. >> you and carol and peter write that some key campaign decisions on strategy and personnel are on hold ahead of the midterms, and as polls show democrats have a better chance of holding onto the house and senate than they did several months ago. we talked about the sort of improving approval ratings for

president biden. talk about how that factors into this. >> a great question. so whether it's in the white house or outside the white house, biden really has the same inner circle right now. they're looking at, you know, deputy white house chief of staff jen o'malley dylan as somebody who would have a big role in a campaign, whether that's from the white house in the political office or as the campaign chairman or possibly reprising her role as campaign manager though most people think she wouldn't do that. the big question is at what point does it make sense to release people from the white house to the campaign trail. if biden has democrats in charge of the house and senate he'll be able to do a more aggressive agenda and may want to keep some folks on board inside the white house rather than moving them into the political arena. >> do the people you're talking to feel like some of the will he/won't he chatter has died down as the president has made clear or at least said publicly that he intends to run again? >> i think certain that's part of it. there are several factors.

number one, i talked to cedric richmond for the story, the former white house adviser who is now over at the dnc, and he said flatly that president biden is running and they are building the dnc for 2024. you see where the thinking is. in addition there are things that have been helpful to president biden. the specter of former president trump running, the real reason for the run in 2020, remains on the battlefield. and many democrats believe that president biden is the best candidate for the democrats against trump specifically. so while trump is in the news after the raid at mar-a-lago and as we continue to see these investigations into him and some of his closest allies, that's helpful biden. it unifies democrats behind him. as we've seen in polling changes, more positive for biden as democrats coming home to him. >> thank you so much. good to see you. to this year's big election cycle, of course, ahead of november is the race for governor. and nevada is in a kind of dead

heat. new polling shows steve sisolak has a lead over joe lombardo. it is still inside the margin of error. lombardo is making conservative views on education a focusal point in his run for office. he said he hopes to take the mantle of quote/en quote an issue that glenn youngkin focused in. let me get more live from reno. >> reporter: hey. so we see joe lombardo bringing in youngkin coming in to support him. there's things that are similar when it comes to virginia and nevada. lombardo says he want to do in nevada who youngkin did in virginia, flip the state for republicans. he made news signing an order banning critical race theory from being taught in virginia. yesterday we asked lombardo what his thoughts were, and he said there was no place in nevada for critical race theory or for a

curriculum like that one. he says he wants parents to have more control. these views align with a lot of republicans. here's what's really interesting about lombardo. he was asked on abortion if he would fight against a national ban on abortion, and he said he would. he's been very careful to play to the republican voter but also to the moderate nonpartisan voter. in nevada, a pro-choice state, there is a law that protects abortion to more than 20 weeks. it's a very unique campaign. lombardo bringing in youngkin and saying that he's basically following that playbook as he tries to flip this state away from the democrats and from the current incumbent governor, steve sisolak. >> live for us in reno. thank you. good to see you. appreciate it. and of course, good to see all of you this hour at msnbc. you can find highlights from the show and our reporting on twitter at hallie on the minutes.

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hi there, everyone. it's 4:00 in new york. buckle up, be ready this afternoon for potential breaking news. as we speak, the department of justice is steeling itself,

preparing to enter a new legal battlefield, one that could ultimately affect the degree to which donald trump faces consequences for his actions. so what specifically are we waiting for right now? a court challenge to a rather astonishing new decision from u.s. district judge aileen cannon of the southern district of florida. she's the one overseeing the fight between doj and donald trump's lawyers over the classified material seized at mar-a-lago. last night in rather startling fashion, cannon rejected a request from doj that would have allowed federal prosecutors to continue their review of roughly 100 classified documents. as part of the department's ongoing criminal investigations. "politico" reports this, quote, in her ruling, cannon refused to accept department officials' contention that the records they are trying to review as part of an ongoing criminal investigation remain highly classified or contain extraordinarily sensitive defense information that