good morning. 11:00 a.m. eastern, 8:00 a.m. pacific, i am josé diaz-balart. right now deadly and destructive hurricane fiona is strengthening as it barrels towards the kurbgz and caicos. it could become a category 4 soon. we're live in puerto rico with the wide-spread devastation the storm left there, and millions

still don't have drinking water or power, and more than 1,000 people have been rescued so far. in the dominican republic, mudslides and sinkholes are a big concern. this is just what we can see. rescuers are still trying to reach remote areas that are cut off. and also the immigration fight, a texas sheriff now look into the florida's unprecedented move to fly immigrants to martha's vineyard. donald trump's legal team has one more hour to respond to a justice department request for a partial stay of the march largo special master order, and in three hours, that same special master will hold a hearing with the trump team and doj, and it comes as trump's team is pushing back one of the

requests made by one of the lawyers they retained. and what will you be watching for once this conference gets started at 2:00 p.m. eastern? >> right, i think there's going to be a lot of lead up to that 2:00 p.m. hearing at the brooklyn courthouse, and you will see trump's attorneys meeting alongside the doj prosecutors and the judge, that appointed special prosecutor who was first put forward as an option by trump's team to judge cannon in florida, and the doj came back and said they would be fine with the appointment of the judge who is the senior federal judge here in brooklyn, to be the one that would work his way

through these more than 100 classified documents to determine questions of potential attorney/client privilege, or executive privilege. it was over this weekend here in which it was put forward by the judge himself to trump's team, and the question with what evidence they have to suggest that these documents may have been declassified by donald trump, as the former president has suggested. then last night in a response, it was trump's attorneys who pushed back to the suggestion that they should put forward any of the evidence making the suggestion that there would be key evidence for them as part of any defense if the former president or any potential aides were to be indicted. again, though, we are also awaiting just one hour from now trump's legal team to send its response to the 11th circuit court of appeals in atlanta. it was on friday that the doj appealed the decision to have a

special master exist in the first place, and it was over the course of this weekend in which the 11th circuit court of appeals came back and said they are implementing the noon deadline here on tuesday for trump's team to respond, and of course, it's the doj's hope that the 11th circuit were to implement a stay and allow the justice department to look at the more than 100 documents in the investigation of the classified material there at mar-a-lago. >> give us a bigger picture, tom, of the issues in the trump team and what is going on in the courtroom? >> i think a couple different things. first off, this is kind of -- well, the whole thing is kind of unusual, right? we never had this issue come up with a former president, and the idea that we would have a special master is not all that uncommon, and the idea of what is classified and not classified may be, frankly, a red herring,

and we know from the search warrant filed none of the charges were filed as potential charges by the fbi involve any sort of classified material, in other words you did not need to possess classified or declassified material, and it had to do with the keeping of records or information that is important to the national defense, and that's not necessarily a trip wire for charges. putting all that aside, i think one of the things the trump team is concerned about from their filing last night is that should they attack the search warrant itself, which would then preclude prosecutors and investigators from using anything that they seized from mar-a-lago, and a key part of that, it's called a rule 41 motion, might rely on the idea that the former president on his way out of the oval office, in fact, declassified the documents. that's the first thing. the second thing is, they said if there's an indictment they may want to use that as a

defense, and it could be all mute, and it could go to judge cannon, whom the special master works for, and they could say is this part of the review you want to have happen or not, and she could make this a mute issue and that's not something this special master will need to contend with. there's all sorts of different parameters and factors at play here, and probably not all going to be decided on today, although a significant amount of it could be, and that's something that we need to keep in mind going forward. i did just check the appellant court, josé, and nothing filed yet from trump's attorney, so they have approximately 53 minutes to get that done. >> kyle, expanding on what tom was talking about, you have some more reporting on those materials the former president claims he declassified, and that the special master now wants him to disclose, you write, quote, and i will read this disclosing

those in the review, trump's attorney said it was not a requirement of the district court judge, and they added it could harm trump's defense against any criminal charges. what does the latest back and forth tell you? >> what they are trying to say is that there's no reason a special master has to make a determination for the review, and judge cannon laid out saying figure out which may be presidential records and which is trump's personal property, and trump has designated some of the document as his personal property, and if some are classified it, then it could not be his personal property. yes, while the trump team is right, judge cannon did not say

classification declassification is part of the mandate, but it's a natural question that is likely to determine the direction of his review, and so i would expect him to talk about that in court today. >> kyle, tom and vaughn, thank you for being with us this morning. turning to the intensifying hurricane fiona, it could become a category 4 soon as it goes towards the turks and caicos. the storm triggered dangerous mudslides and sinkholes and collapsing bridges and destroying homes in the dr. and one man died there. and then at least four people are dead in puerto rico, and millions without power or water this morning. and we're getting a close look

at the devastation. also meteorologist, michelle grossman, has a new update on the storm's track. today marks five days to the day fiona went through puerto rico. tell us what you are seeing today? >> reporter: good morning, josé. the anniversary of hurricane maria hitting very close to home for many of the residents. i am in salinas, puerto rico, and this is the southern part of the island and you see residents starting to clean up. they are back for the first time since this home was flooded on sunday when the torrential rains came down. you see they have portable generators here. so many people here in puerto rico do. this home actually was damaged during hurricane maria, but they say it did not get this amount of water with maria as it did

fiona. and we are moving slowly because it's slippery here, josé. they have been cleaning all morning, and the water got up several inches in this home, and in this neighborhood it was only overnight that the floodwaters receded. you see all of this mud here, you know, where the residents lost all their belongings, and they cleaned it out, and this happened over and over again throughout southern puerto rico. only 19% of the island or so has power. only about two-thirds do not have adequate drinking water, and that is a major concern at this point, josé. you see the residents here, they are trying to get bottled water and gas to fuel the generators that they need to survive. puerto rico's governor said more than 1,000 people had to be

rescued, really, throughout the island overnight. more than 2,000 were actually in emergency shelters. right now there's a lot of frustration from some residents about why the power grid was not rebuilt more effectively since hurricane maria. i spoke with the governor yesterday about that and here's what he said. was the government here on the island prepared? >> definitely. much better prepared than when maria happened. >> reporter: of course there's some skepticism from some residents here about what the governor is saying. some don't trust that the private company, consortium, that took over the power last year will be able to restore the power in a timely fashion, and the governor said he wants it to be restored within days and not months like with maria. >> and 800,000 without drinking

water, and michelle, meanwhile there's an update on the storm's path and intensity? >> yeah, the latest as of 11:00, we're still dealing with the category 3 storm expecting it to strengthen over the next day or so and it's over really warm waters and that's why we are seeing the strengthening happening, and it's moving so slowly it's allowing a lot of rain to drop and it's allowing a lot in the atmosphere, and it's moving slowly at 9 miles per hour. we will be talking about this storm for the next four days at least. we have a hurricane warning for the turks and caicos, and that's in the red, and also for the southeastern bahamas. we are seeing hurricane conditions in turks and caicos right now. we will see the track blossom over the next 24 hours. and it could strengthen earlier

and as it makes its way to the north, and it makes its way to the east as well, and then later wednesday into thursday as a category 3 storm, and on the right side we are looking at bermuda, the island, and then we could see the category 4 storm and then it become a category 3 storm. we have really warm waters to the north, and a marine layer that has been in place all summer long and we are looking at a category 2 storm still by saturday, and north atlantic canada could see a historical storm by this weekend. back to you. >> michelle and gabe, thank you both very much. red cross teams are in puerto rico right now, and if you would like to help visit redcross.org, and you can text the world red cross to $90999 to make a $10 donation. coming up the flights of immigrants to martha's vineyard

is the subject of an investigation. later, the subject of a popular true crime podcast walks out of prison. first, new details about the january 6th committee's next hearing scheduled for next week, and liz cheney reveals a story she heard the day of the riots. >> as i was sitting there, a member came in and he signed his name on each one of the state's sheets, and he said under his breath, the things we do for the orange jesus. smoky capicola, genoa salami and pepperoni! it's the dream team of meats. i've still got my uniform. it's subway's biggest refresh yet.

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about the house january 6th committee's investigation. committee chairman says they are still on track to hold the next hearing a week from tomorrow but they are still finalizing who the witnesses will be, and he resealed the committee has requested testimony from the secret service, and his name came up from former white house aide, cassidy hutchison. and joining us is former doj chief spokesman, matt miller. what have they been saying about who they are reaching out to?

>> reporter: josé, still a lot of questions about what the committee is spotlighting next week, and according to chairman thompson there that spoke with us at dusk last night, there are some things they figured out, specifically the date and time. listen. so the meeting on the 28th, that's officially in the books now? >> absolutely. >> reporter: you have reached out to witnesses for it? do you plan on having any witnesses? >> that's still part of a discussion whether we will have witnesses or not. we have a lot of information that we have collected over the last year that we have not shown the public, and we believe that information on its own is significant enough for a hearing. >> reporter: we also know, josé, this committee has been information gathering with other people in the former administration of donald trump in the weeks after that initial round of public hearings. certainly there might be new interviews, too, for them to give to the public in this

latest hearing. the thing we are also waiting for them to decide on are what they are going to do with the five republican lawmakers who are currently ignoring subpoenas from the committee, and of course, that question that looms over all of this which is will the committee to ask for trump or pence or both to come before them and have a conversation. these are the questions the committee is grappling with as the clock ticks down for them to actually come back into the public eye. >> matt, who are some of the names that have come up that you think we should be hearing from in a public hearing? >> it would be good to hear from the former secret service agent that you mentioned. if you recall, they heard from cassidy hutchison that made clear that he made the account that the president wanted to go to the capitol, and he said he

would come up and testify, and magically before he was going to come and testify he retired so he was not compelled to do so by his service in the secret service. he could come forward and testify -- if he wants to dispute that he could come forward at any point, and he left the service and that shows he is not willing to dispute that on the record, and we can take the account that cassidy gave to us as truth. >> speaking at an event yesterday, liz cheney had strong remarks about republican leaders and donald trump. here's part of what she had to say. >> and as i was sitting there, a member came in and signed his name on each one of the state's sheets, and then he said under his breath, the things we do for

the orange jesus. >> congresswoman cheney proposed the electoral count act which the house is set to vote on, and do you see this going anywhere? is this going to quell the voter fraud rhetoric? >> it won't quell the voter fraud rhetoric but it would go a long way to giving congress the tools to reject challenges and shut them down. i think there's a sense of urgency on the hill from democrats and a few republicans outside of liz cheney to reach an agreement before congress adjourns in case the house flips, and the threat, as made clear from that quote that liz cheney revealed, is still quite acute, and it's not just a threat posed by donald trump.

he's the apex of the an die democratic threat, but he is a virus that has spread deep into the republican party. you can safely predict the challenges, and claims of voter fraud without evidence, and that's whether or not donald trump is their standard bearer for years to come. still ahead, the misleading brochure the migrants were given, and now the texas sheriff is opening an investigation into that flight. what we are opening up about that, next. a once-daily pill. when uc got unpredictable,... i got rapid symptom relief with rinvoq. check. when uc held me back... i got lasting, steroid-free remission with rinvoq. check. and when uc got the upper hand... rinvoq helped visibly repair the colon lining.

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brochure about cash assistance and jobs for refugees, and an asylum seeker died in new york by suicide over the weekend. joining us now is emily from new york, and mark is here in the studio. what do we know about the woman that died in new york and what is the city doing about this? >> still limited details because of the nature of the incident, but new york city's mayor, eric adams, he describes her as a young mother that died by suicide in one of the shelters, and he believes she was traumatized from being transferred, and he is pointing the finger at texas governor, greg abbott, that bussed now

some 13,000 migrants in recent months, in many cases without warning, and adams said he reached out to try and coordinate scheduling of when the buses are coming in, and abbott's office refused to do so. we did reach out to the texas governor's office on that point but have not heard back, and in the background of all of this, republicans say it's not fair for them to be solely responsible for the influx of migrant crossings and they have called on the biden administration to do more, and several republican governors say they will continue to transfer migrants north, and there's new information in the last moments. we know the same airline, ultimate air, they have a flight

scheduled to go up to new jersey. a local newspaper reporting that the delaware governor told them they are preparing for the plane's potential arrival should it have migrants onboard, they say. >> and so let's talk about the criminal investigation in the migrants sent to martha's vineyard. and the sheriff said the inquiry was in its early stages and he said everybody on this call knows who the names are already. what do we know about this? >> what we know is that this is a state of florida program, and while he did not name governor desantis, ultimately this is governor desantis's program, and they have not told us the names or contractors, and some guy

rounded up these various migrants from san antonio, and allegedly they were homeless and they were given fast-food vouchers to feed themselves, and they were according to the state of florida, given a night to stay, and according to the migrant's lawyers now, they were misled, and they said if you go to massachusetts, they don't have a migrant problem, you can get jobs and you can get housing and cash assistance. they gave these apparently a brochure, and the brochure appears to be printed by these vendors from or with florida, and not from the state of massachusetts refugee office, and that's according to the refugee office that told me that today. the other problem is migrants are not refugees, and refugees are a specific term in immigration law, and they are

part of the process of seeking asylum. if you are an asylum seeker, you are not a refugee and don't get the benefits, so they were misled. >> these men, women and children have gone through so much -- >> hell -- >> -- just to get to the united states and now they are being moved around as a political employ. we are seeing record numbers of people risking everything, leaving cuba, nicaragua, venezuela, haiti, and it's a situation which is really critical. it seems as though, mark, there's not a lot of focus on the amounts of people and where they are doing everything they can to just ask for asylum. >> i can't remember what the phenomenon is called, but it's

easy to talk about small things than bigger things, and the numbers are staggering, over 2 million apprehensions at the border. and the united states can't just return people easily to those countries, and so most of them are admitted asylum cases. >> it's striking. if you are haitian, you have to go back, and if you pay the cartels and coyotes, and then go through mexico and get to the border, then they are okay. >> welcome to the broken immigration system we have. >> thank you. it's always a pleasure to see

you. emily, i also thank you for your stellar reporting. and then mexican officials say there has been two deaths and ten people injured from the earthquake. it was a force so powerful it shook buildings and power lines 500 miles away in mexico city. the quake was centered 23 miles southwest near the border of colima, and the quake comes on the anniversary of two other devastating earthquakes in the country where thousands were killed, the quake in 1985, and over 300 died in 2017. next, nbc news goes into the town of izyum. our forces were on the ground as investigators struggled to keep count of the bodies recovered from a forest. and what house lawmakers were just briefed on about that war just this morning.

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billion to go to ukraine. some proponents of the aid are using what they learned, using that briefing as justification for the united states to provide that aid, and one is pleased with the trends he's seeing with regard to the war and ukraine's advances, and he said the anti-war factions in russia are getting louder and now is the time to tighten the noose on putin, and there's optimism among the congressional leaders from both parties, and let's listen to what speaker pelosi said. >> i think it's bipartisan when it comes to the democracy, protecting democracy. >> reporter: it's not entirely clear how bipartisan the effort

is because the last piece of the puzzle is whether or not there's enough republican support, and i spoke to the republican vice chair of the appropriations committee who is in the middle of all this, he said there are republicans who simply won't want to spend the money and want to keep the aid to ukraine separate from the funding bill, and he argued the united states cannot turn his back on the ukrainians and that money, in his view, should be included in the bill that will alert a government shutdown. >> what did you see and hear in izyum? >> reporter: we spent the last few days in the liberated town in ukraine and saw firsthand the brutality of russian occupation. the strategic town lies in ruins

after the russian forces were pushed out. for six months, ukrainian investigators say russian forces used the town's police station as a prison and torture center, keeping some 40 ukrainians at a time. >> in this room there were four people -- >> reporter: four people in this cell? >> yes, in this small room. >> reporter: he shows us the horrifying conditions he says prisoners were forced to endure, some desperately marking the walls to pass the time. nine days somebody was there. on this wall, you can see the date, 29, june '22, and his name, and god save us. >> reporter: ukrainian investigators say the prisoners were brought upstairs to be

tortured, including civilians. he believes to terrorize the local population. >> what goes through your mind as a human? >> i am a human, and when i see this place it shock me. i am very scared. >> reporter: he said there's a link to the prison and the mass grave on the outskirts of down where according to investigators they are exhuming bodies showing signs of torture. johan says for months his neighborhood was bombed, and missiles rained down from the sky night and day. what is this? it's shrapnel, he says, and he says these were the scariest

weapons, and his wife shows us where shrapnel struck her arm and abdomen, and their home was lifted off its frame and they had nowhere to run and all they could do was hide. imagine hiding in this basement for months, and you have no phone or internet or electricity, and this is your only life source and at night the explosions are so loud, you can't think, and you don't know if your home will be the one hit next. >> for half a year, that was the reality of the people that live here. now, with russian's pushing back, people have left their homes, enjoying this moment of peace for however long it lasts. while there is some relief there, the people tell me they are desperate and scared and they are still cut off from the rest of the world, and there's

still no internet or cell phone service and they don't have electric or gas. one resident telling me she's very concerned about the coming winter, but she said what they need most right now is medicine. they have not had medical care for the last six months. josé? >> erin, thank you so much. thank you for being with us. fresh off his trip to london for the queen's funeral, president biden is heading to new york for the united nations general assembly. in his speech before the body tomorrow, the president is expected to push for more support for ukraine's war effort. we could learn more in a white house briefing next hour. do we have more information of what the president plans to address at the u.n. tomorrow? >> josé, the main thing that the president plans to address according to white house officials is to really emphasize the importance of respecting international borders, so that obviously really relates to

ukraine which is an issue that is going to dominate this gathering of the u.n. general assembly, which is the first time in several years that it's fully in person as opposed to some virtual meetings and addresses that we have seen in recent years because of covid. we are going to hear from the president of ukraine, and part of that is to rally the world around continuing to show support for the ukrainian people, and to not turn their attention elsewhere as the war continues to drag on. i think you will also hear the president build on some of what he said in his first address to the u.n. general assembly last year, where he talked about rebuilding u.s. alliances with nato, and the importance of the u.s. standing up for countries who are friends and allies who might be dominated by other countries who have bad intentions. as far as other issues on the president's agenda, he will have bilateral meetings, including with the new british prime

minister. there are notable absences here at the u.n. general assembly, the leaders of china or russian president putin, and there will be a virtual address from ukrainian president zelenskyy, and that's tomorrow afternoon. and the president will focus on things like he is here like global food security and health issues and climate changes, josé. >> speaking of health issues, president biden receiving pushback. >> a lot of americans are not wearing masks anymore, and they feel like the pandemic has moved on, and while we are still living with covid, it's not what it was. that's what they are saying, and at the same time they are saying

there is still a national health emergency in effect and they are encouraging people to get vaccinated and want funding from congress, but their argument is that the president was speaking generally about how most people feel about the pandemic at this particular time. >> thank you so much. next, this case was a subject of a true crime podcast that gripped the entire nation, and why the judge just made a change in the murder convection after 23 years. ♪ ♪ republicans in congress call them "entitlements." a "ponzi scheme." the women and men i served with in combat, we earned our benefits. just like people earned their social security and medicare benefits. but republicans in congress have a plan to end so-called "entitlements" in just five years. social security, medicare, even veterans benefits. go online and read the republican plan for yourself.

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they wish they'd talked to their doctor and started botox® sooner. so, ask your doctor if botox® is right for you. learn how abbvie could help you save on botox®. "serial" is out with a new podcast episode on the stunning twist in the case millions of people have been watching for years. adnan syed, the subject of the true crime series walked out of prison yesterday after a judge vacated his murder conviction. syed spent more than two decades behind bars fighting for his conviction for the 1999 murder of his high school classmate. anne thompson is following developments. what's next? >> the next thing is for the prosecuor to figure out whether or not he is going to be retried. this morning, adnan syed is home. his legal troubles are not yet over.

adnan syed walked out to cheers and cameras. no longer in prison after 23 years but not quite free. >> you can imagine today is both joyful and incredibly overwhelming. he and his family are processing all of this. >> reporter: syed's conviction for the 1999 murder of his former high schoolgirl friend thrown out by a baltimore judge at the state's urging. >> we are not declaring adnan syed is innocent. but we are declaring he is entitled to a new trial. >> reporter: eight years ago, his case became a media sensation. doubts about his conviction raised in the inaugural season of the podcast "serial." it sparked debate over his innocence or guilt. >> if he did what he did, who is the person i saw every day? >> reporter: leading to a 2019

hb docuseries. >> this is evidence that nobody realized existed. >> reporter: he is under home detention with a gps monitor. prosecutors have 30 days to bring a new trial or drop the case. >> her family deserves closure. they deserve justice. we intend to fight for them. >> reporter: in vacating the ruling, the judge found the original prosecutors did not turn over evidence to the defense that could helped syed. evidence uncovered since would have added, quote, substantial and significant probability that the result would have been different, end of quote. the lee family looking ahead in their ongoing pursuit for justice. >> they want more than anybody to have a person who killed her brought to justice. if that is not mr. syed, then they are open to the possibility of anybody else who actually did it being prosecuted.

>> lee's brother testified in court via zoom yesterday. he was in california and didn't have enough notice to get to baltimore. he said he felt blindsided and betrayed by the prosecutors to ask the conviction be vacated. the family has suffered for more than 23 years. >> just wondering what the evidence was that was uncovered. >> this is the really interesting thing. what the prosecutors say is that in the original prosecution file they found evidence of two alternate suspects, evidence that was not shared with syed's defense team. evidence that could have helped clear him at the time. the other thing they found was that the phone data used to place syed at the site where lee was buried turns out to be unreliability. those two things combined is why the prosecution says it lost faith in that conviction and asked it be vacated.

>> great seeing you. thank you. that wraps up these two hours for me. i will be back here tomorrow from arizona. you can reach me on twitter and instagram. thank you for the privilege of your time. peter alexander picks up with more news next. ite treatment it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day, that's effective without topical steroids. many taking rinvoq saw clear or almost-clear skin while some saw up to 100% clear skin. plus, they felt fast itch relief some as early as 2 days. that's rinvoq relief. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots,

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right now on "andrea mitchell reports," ron desantis is facing potential legal troubles for his decision to send planes carrying migrants from texas to martha's vineyard. there are new reports the next round of flights could be headed to delaware, president biden's home state. hurricane fiona is intensifying as it barrels through the atlantic, now a category 3 hurricane, pushing north across turks and caicos on its way to bermuda after devastating puerto rico. we will have a live report as millions struggle without power. we will take you through a new set of challengs facing the trump legal team in a few hours. president biden will depart for new york ahead of the meetings and a must-see speech before the u.n. general assembly with russia's inv