good morning, it's 10:00 a.m. eastern. 8:00 a.m. here texas. i'm jose diaz-balart. we're coming to you from the u.s./mexico border, the frontline of the migrant humanitarian crisis. let me just give you a quick area where we are. this is texas. right across the rio grand is new mexico. and right across that wall is mexico. that's on the mexican side.

el paso's mayor says 2,000 migrants arrive here every day. most of them from venezuela. but some don't stay here for very long, as the city is bussing migrants to other parts of the country. just like the governors of texas, florida and arizona, but here there's coordination with the city of el paso and cities like new york, where many are being sent. yesterday i spoke with several venezuelan mite grans, including one who told me he's just grateful to have a place to go. one who told me he's just grateful to have a place to go. >> that's where i can work and make a life. if god sends me over there, god will open the doors for me and let me work. so i can work and help my mother and bring her. >> we'll have more on the situation at the border in just a moment. but we begin with a major development in the probe

investigating those highly classified documents seized from former president trump's mar-a-lago home. overnight an appeals court lifted a judge's hold that prevented the justice department from using those documents as part of its criminal investigation. it was yet another blow to trump's legal team coming hours after the new york attorney general announced she is suing the former president, members of his family and the trump organization accusing trump and three of his adult children of engaging in widespread fraud after a year's long investigation into the trump investigation business practices. in an interrue with fox news on wednesday, trump slammed both ongoing legal battles calling them politically moivated. joining us this morning with the the latest is nbc news justice and intelligence correspondent ken dilanian. also with us is joyce vance, a former u.s. attorney and professor at the university of of alabama law school. she's an msnbc legal analyst. and sue craig from the "new york times."

so ken, starting with the doj investigation, tell us what went into the appeals court decision. >> good morning, jose. this decision was a total repudiation requiing that these classified documents go before a special master. the judges, two of whom were appointed by donald trump, completely agree with the the justice department in will almost every respect saying that donald trump has no interest in these classified documents, makes no plausible argument they could be personal records, that even if he declassified them, which judges say that's no evidence of that happening, it wouldn't matter. they say the judge abused her discretion in granting this relief. they granted a temporary stay. they granted the request that it be allowed to begin using these classified documents in the

criminal investigation that can keep them stored where they are in a special facility. they don't have to give them to the special master. this was a narrow ruing in spobs to a narrow request by the justice department the special master will continue to review the 11,000 or so other documents seized at mar-a-lago. but it seems like the classified documents seized there were the ones that doj really cared about and now allowed to use them in the criminal investigation and so a big win for the justice department, big loss for donald trump. >> so the former president asserted that he could declassify documents just by thinking about it. the reasoning behind the original order. >> so this is a very firm opinion. it's on strong legal ground.

and what the court did there's nothing personal about this opinion. this is about the law and the facts and the court dismantled judge cannon's reasoning, going point by point to show that the former president was not entitled to prevent the justice department from using these classified materials, both for its criminal investigation and for the intelligence community, perhaps the most interesting part of this opinion maybe not for folks at home to read, but for us to think about the impact of it is that the 11th circuit devoted part of the argument to reviewing the classification procedure itself and talking about why classified materials are important. and rehearsing facts that should be well known regarding the grave sorts of damage that can be done when this information is mishandled and possibly leaks out into hands that shouldn't have it. so this is a very clear decision from the 11th circuit that i think will stand the test of time.

>> so turning to the new york attorney general's lawsuit, you have read through it all. how concerning is it for trump and his family members? >> full disclosure, i'm not a lawyer, but it seems very concerning when you read it. the reason that i say that is just the detail and the documents that they have been able to put together, and then match that with interviews that they have had with his accounting firm, which seems to be cooperating as well as deutsche bank. when you put all of that together in page after page, there's 200 some pages where you see false information being submitted to banks. the saelgs that they relied on it. not only with false informs submitted but they misled or hid stuff from appraisers putting together aphrase sales that would go into values land for charitable donations. so in that case, the appraisal

would go high. but they weren't being full in their disclosure. there's so much many buckets of information and so many documents and interviews that come together to make it a very powerful read. >> so you told my colleague that you were very interested in the trump's charitable donations and how those were used to get lower taxes. what have you been learning? >> you just see it as one of them. there's been a referral to the irs, but it's not new that they have had these donations and that they have allegations that they monkeyed around with the appraisals. for example, you just see one of them as seven springs, it's an estate out in westchester. in that case, he bought it for a fairly low amount in 1995. there was no even suggestion by the end that they were going to

develop. and the community option and he decides at the end that i'm going to it looks like it's he's exhausted his options. he's going to donate that. and in return he gets a tax break. you see the documents show that there was a lot of information that wasn't given to the appraiser. as a result that appraisal came in higher than it should according to the attorney general. >> so meanwhile on capitol hill, the house panel investigating the insurrection has reached an agreement to speak with the wife of supreme court justice clarence thomas. what questions would you have for ginni thomas if you were on the panel? >> thomas is a fact witness. she was in touch with important players in the entire perpetration of the big lie like the lawyers john eastman. so the questions for her, she's not a target. this isn't a criminal investigation. this is a fact-finding mission.

but the importance of her coming forward is to find out whether she functioned in any way as connective tissue between different people who were involved in the january 6th investigation. we know she was part of this barrage of e-mails that was sent to state officials encouraging them to select false slights of electors to support the former president rather than joe biden, who had rightfully won the election. the question is does her involvement go greater. does she have more detail that she can share that suggests that there's more coordination in this effort. >> thank you all so much for being with us this morning. here in el paso, my team and i have been speaking with migrants for hours asking them about their journey, what they went through and why they are here. we'll tell you some of their stories, next. plus we'll speak with a u.s. congresswoman representing this

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u.s. customs and border protections has roughly 8,000 migrants cross into the united states every single day. about a quarter of them. roughly 1800 to 2,000 arrive here in el paso. a major issue for a city that is home to about 680,000 people. el paso's mayor says the vast majority who show up here are trying to get to other places. so the city is now using buss to take them to where they want to go, or at least where the city thinks they should be going. according to the texas tribune, el paso chartered 60 buss since late august to take 3,000 migrants to new york city and chicago. it is seeking reimbursement from

the federal government. the response to this influx is costing the city $300,000 a day, prompting three city council members to call on the mayor to declare a disaster to access more state and federal resources. joining us now to take a closer look at this is homeland security correspondent julie angstly. so what is the federal government involvement in this humanitarian crisis at the border. >> it's great to be with you here. i just had the opportunity to speak with the customs and border protection commissionerer yesterday here in el paso. he told me they are doing everything they can to try to process these people as quickly as possible. you're not seeing the backlogs that you saw when biden first came into office. they had people staying over 72 hours. they are getting out quickly and trying to coordinate with local charities and shelters. the problem here is they are full. once they are released, the city is often trying to take these

people to motels and they have had to release about 1300 on to the streets where they are basically on their own to try to find a bus ticket or place to sleep or something to eat because the shelters are full. they call those provisional releases. they are known as street releases because essentially these people are just on the streets. >> so you were here just last month. talk to me about the contrast between what you saw last month and what you're seeing today. >> it was interesting. i was here at beginning of the summer when they were coming off the high. they started doing those street releases. then we didn't see the people sleeping at the bus stations. the numbers were not nearly as great. we have seen hundreds being escorted from very familiar similar places not far from here. there are more people coming now and it's venezuelas. that's what changes things. unlike central americans that were making up the majority of the crossing, especially last year, they have seen 175% increase in venezuelans crossing

in the last year. they don't have a lot of the family connections. there's not someone here who they know to sponsor them and stay with them. that's why so many are struggling to find a place to go. >> what's going on for the last 15 years is having an impact. it's interesting because it's had an impact on other latin american countries. for years 6 million venezuelans have left their homeland. and yet now, just now is when we are in the united states are seeing those people who have the dream of living in a new land of opportunity. we're seeing they are now reaching the united states. >> i have seen some people who are desperate who say they only have the clothes on their back, but they felt they had no other choice and this is where they are safe and have the greatest chance of getting a job. they want to get on the free buss from el paso to new york as kwuk quickly as they can. >> or anywhere else. we were speaking and we'll have some of that conversation later on in this hour.

they want the opportunity to fulfill their dreams and to live anywhere where they can have the opportunity. the numbers are important to underline. just in this area, 2,000 people every single day. just last sunday the city kind of changed how those migrants were being treated here in the city. >> yeah, that's right. i think that the national media, people like us, we started to hear about what was happening in el paso. a lot of cameras and national attention on what was happening down here. and these cities on the border want to preserve their image as safe cities. el paso is a safe city. they start shooing those migrants out so they are not able to sleep at the bus station. instead, they are trying to find a new place to sleep. it's pretty tough situation for them when they don't have an ability to sleep right where they could get transportation. >> we're seeing and hearing the train passing by. i thank you.

this is an important conversation. i'm so glad that as always you're on top of this. and giving a voice to those who many times aren't listened to. >> i know you're doing the same. it's great to be here with you. >> thank you so much. joining us now is congresswoman veronica and a former county judge. it's always a pleasure to see you. i thank you for your time. the community here, you know and love so well, has been on a frontlineses when it comes to the crisis, the humanitarian crisis we're seeing. what can you tell us about conversations you have been having with local officials here about what they need to help support these people. >> thank you for spending time in el paso. i think it's so important that as a country, we talk about the realities that we face when congress fails to act on immigration reform. and what you are seeing and what reporters having documenting not

just right now, but for some time, has been essentially the consequences of going the republican strategy. which is dealing with immigration, only as a border issue. i have been talking both to local folks, as well as here in washington, to leadership and to my colleagues. first, with regard to your question about locals, i want to make sure that our local governments have as much help as they need from the federal government. for too long, el paso and other border counties and communities have shouldered the responsibility of helping care for migrants. this is not the first year this has happened. el paso has been doing this going on a decade. this is the first administration, the biden administration that has looked as aggressively as possible, reimburse local governments. i'm really grateful to president

biden and his administration. but here in washington, my conversations with my colleagues are that we can and should do more with regard to opening up legal pathways. everyone in the country needs to recognize that the reason we are seeing the challenges on the border is because we have as a country either shut down or eliminated legal pathways. so when people don't have legal pathway, we'll see more irregular migration. i do want to remind the american public that the venezuelans who are seeking asylum in our country, asylum is a legal process. now the system was not created to deal with so many people at once, but i have heard my colleagues refer in very derogatory terms to other

migrants, and i want to remind everyone that asylum is legal. >> i want to talk about earlier this week you called for an kplgs of the military's pretrial system, which allows commanders discretion over whether to detain service members who face criminal charges ahead of trial. last year those protecting sexual victims in the military was signed into law. what concerns. >> we have to make sure that we don't just implement the reforms that congress approved through last year's national defense authorization act with regard to protecting our service members from sexual assault and sexual harassment. but we've got to make sure that those reforms are ongoing. one of the things that i'm concerned about is pretrial

confinement and that we have good, strong policies that protect victims so that repeat offenders aren't allowed to continue to harm people, especially service members and ruin their lives. so this is the very beginning of the work that i'm doing on this. so definitely stay tuned. i'll be happy to talk about it as the work continues. >> congresswoman, thank you so much for your time. i have to tell you. you are so fortunate to be able to represent this extraordinarily beautiful city and area of our country. thank you. for being with us. >> thank you. still ahead, how el paso's local leaders are trying the to tackle this humanitarian crisis. the mayor of el paso will be with us. we'll be asking him about the city government that's having to spend $300,000 a day on the migrant response. stay with us. you're watching "jose

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meeting with the focus on atrocities committed in the ukraine war and the accusations of war crimes against rusia. russian foreign minister is expected to attend this meeing. on wednesday the ukrainian president addressed the u.n. in a prerecorded message calling for more international support as they near eight months of fighting. volodymyr zelenskyy announced that russia released more than 200 ukrainian and foreign fighters in a prisoner swap. meanwhile in russia, 1300 people have been detained during demonstrations against putin's declaration of partial mobilization of the military reservists. according to some russian travel sites, flights out of russia are booked solid for nearly a week. joining us now is white house correspondent carol lee. what's the latest from the u.n. security council? >> as you noted, the meeting is underway. this will be the first time since the u.n. general assembly

gathered here in new york this week that the russians and the americans will come face to face, specifically the foreign minister and secretary of state antony blinken. now this is their expected to be fireworks here. there's expected to be a clash. obviously, ukraine is front and center in this meeting. we're told that the secretary blinken plans to use this speech, his remarks to really emphasize that the security council members take these threats a that we heard from russian president vladimir putin threatening to use nuclear weapons, that's something that's take very seriously. he will call on the security council to send a very clear united message to russia that it must not act on that rhetoric. it's worth noting that u.s. officials say they don't see any action behind the scenes that back up the rhetoric from vladimir putin, but they are very concerned about it. and one of the other things that secretary blinken will do is

highlight some of the atrocities that the u.s. has been pointing to that russia has carried out in ukraine. whether it's alleged war crimes or the recent mass grave that was uncovered. this comes as president biden in his speech before the u.n. general assembly yesterday really called out russia almost immediately into his remarks and vladimir putin specifically, but called out russia as a permanent members of the security council saying this was unacceptable behavior from somebody who had this amount of power in this international body. all of that to say there lob fireworks. there's expected to be a clash, but not expected to be any sort of resolution because of russia's position in the security council. >> our coverage from el paso continues. coming up next, weems be speaking with the may your of the city ahead. you're watching "jose diaz-balart reports." s.

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34 past the hour. we're in el paso today. a city managing the humanitarian crisis at the border. and they are bussing many times migrants that are being taken to other places. places that they will be happy to go to like new york city. i spoke to a group of venezuelan migrants about efforts to move them to different parts of the country. >> what do you think of governors that are sending migrants to other places? >> translator: if they send me to somewhere, there's fewer of us. maybe it's better for us because maybe people can help us more. and maybe one can get a better job, can generate more family, more money to bring to our families.

>> with us now to talk more about this is the mayor of el paso. thank you very much for being with us this morning. >> thank you, jose. >> describe what the city is going through. >> i think it's important to know that as the migrants come into el paso, they are coming to the united states. so now we go to help them. it's changed a lot. originally, we had about 95% of the people coming over had sponsors. ed sponsors are family members so we knew where they were going. so since then, 50% of them do not have sponsors. we have been working with the federal government. we have been working together to take them to where they want to go. it's very important that el paso is a very caring city. we want to make sure we treat people the way you and i would want to be treated. certainly, there's a history of treating those that come in with their arms open and there's been this extraordinary spirit of the

city of el paso towards everyone. i'm wondering, i spoke to a number of mostly venezuelans who aarrived. there were some that didn't want to speak. but those i spoke with last night, they weren't really aware of where in the united states they were or where they were going to go. they don't want go anything specific. one of them was telling us that he thinks martha's vince yard is great because that's where presidents live. they want to go where they can continue to fulfill their dreams. but is this -- we often talk about the humanitarian crisis, which is what it is. but is this also a crisis for cities like el paso. >> we're all work together. we don't have them out on the street, which is really important. we find them shelter. we find them food. >> shelters are full. >> they are full. that's why we're working with the federal government to make sure we can get decompressed. we have been getting help from

the government. i know you talked earlier. it's been helpful to get that. we got allocated $2 million from fema to continue to do that. so it didn't cost el paso taxpayers any money, but we continued to be able to do it and not effect what's going on in el paso. >> so $300,000 a day are some of the numbers we have been hearing is what its costs the city. it's being reimbursed. you're constantly on the phone with washington. >> we have been dealing with the white house. it's not costing us any money. that's the thing. we're looking for reimbursements right now. we probably have through september 15th we have a million dollars that we're going for reimburse the. that's really important that we continue to work as partners. one of the things that i think it's important that she talk to the people, i talked to some of the kids just like you did. i said, you know where you're

at? yeah, we want the to go to disneyland. it's important that we treat people like human beings. we put people on buss where they want to go. we also put human beings with food. >> i was just thinking on the 23rd of august, just a couple weeks ago, a little 5-year-old girl drown when this river was a lot higher trying to reesm the reach the united states. on the mexican side right here behind them, a little 5-year-old girl was found recently. it's so important to put in context what people are willing to do and why they are doing what they are doing to try to reach the united states. >> yeah, that's to unite with their family. that story is a sad story. we want to make sure that we help them achieve. and i think when they come across now, they are not confrontational. they are not criminals.

they are people that are going for political asylum and they are here to make sure just like you said, better their life and life for their families. >> what would you like the secretary to know? what would you ask if you had the opportunity to speak with him? >> i spoke to him last week. it's important to help us decolt press so our shelters are not full. >> what does that mean? >> decompress, you told me a minute ago they are full. it's to empty them. to help us empty them and take them to a destination where they want to reunite with their families. >> so that would be in new york, there's a strong venezuelan community in south florida. is that something you'd be thinking about? >> we deal with the ngos all over the country to make sure they have the room and they will expect them and greet them and be ready for them. >> i thank you very much for coming over and speaking with

us. i appreciate your time. >> thank you. thank you for being here. as we continue our coverage here in el paso, we'll dig into the struggles migrants are facing. i'm going to tell you the journey they take is truly unbelievable and horrifying. we'll speak with a el paso native who is helping the people as they come across the border and what they are doing to help. you're watching "jose diaz-balart reports." "jose diaz-balart reports. stories of bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms. and in clinical studies, had no substantial impact on weight. this is where i want to be. call your doctor about sudden behavior changes or suicidal thoughts. antidepressants can increase these in children and young adults. elderly dementia patients have increased risk of death or stroke.

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>> the police are taking your money. if you don't pay the police, they reject you and send you back. and we're grateful to god we finally made it alive. there are a lot of people that leave their group and go you are nat and when they urinate a snakebites them and they die. you see little children dead, abandoned. with their faces eaten by animals. you see people crying blood. >> joining us now is the executive director of the immigrant advocacy center. it's great to see you. i thank you for being with us. and for all that you do. that story that we just heard of the migrants who have to go through all that, that's the

story that we hear over and over again by so many of the people that do make it to the united states. >> that's the reality for migrants around the globe during a time of forced displacement where we have over 100 million people on the move. so what we see is we zoom out here, this little speck of our southern border is the humanitarian crisis that's playing out globally. these stories, sadly, are not uncommon. they are stories we hear every day and these are people, mothers, fathers, that we walk with and support as they navigate the u.s. immigration system. >> i was just telling the mayor on the 23rd of august a little 5-year-old girl died when this river was higher. it's pretty dry right now. and on the mexican side, a little 5-year-old boy was found. this is something that happens. migrants are showing us a video of the jungle of how these thieves were trying to take the money from a family and the family was fighting them. they were with other friends and just killed their little kid. it just goes on and on.

how do we put into perspective what is happening? i'm glad you talk about the global issue, but there's also an issue very specific to the united states. >> the role in the united states is outsized. the role we have played historically through different countries tlouts latin america is one of the factors that's causing people to be on the move. the others are things we know too well. the climate crisis, whether we have seen the hurricanes, fires, all of these things cause people to move for safety, for security and quality of life. and that's not different from our folks from south of the border. so when we're seeing now is people on the move and people that we need to receive. we have been using a blunt instrument of enforcement to manage migration and the reality is these are human beings first and that dignity and whole person response is what we need the biden administration and congress to act upon. >> so what is it that you do?

is there a limit that you think? is there something that the country could be doing now to maybe make the process regular so people can request asylum, to not have to be robbed by the mexican government and the cartels and the guatemalan police. >> access to information is so critical. that means commuicating with people in the language they speak about the realities of what it means and what the united states is willing to do as it continues to uphold asylum. we're still at a point where the biden administration is continuing the trump era policy of title 42, which means this border is really cut off for people seeking protection. so people then with no other option take their lives into their own hands with a little agency they have and that's when we see the horrors play out that are ultimately our responsibility. so it's incumbent upon us to think about that, to have safe, orderly processes that do work and more protections. we should also be thinking

critically about how we have work authorizations and immigration pathways for people that really just don't want to necessarily make the united states their home forever, but could really use a leg up and would like to work and to serve and be part of this country. >> i thank you for what people basis. thanks for being with us. >> gracias. >> just 47 days until the midterm elections. what's motivating latinos to vote? a special report from the valley with the highest concentration of latinos in texas. you're watching jose diaz-balart reports on msnbc. diaz-balart reports on msnbc ♪ ♪ ♪ ♪ 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

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53 past the hour. the rio grande valley has the highest concentration of latino voters in texas. mia flores flipped a seat held by democrats for over 100 years. on her latest episode of field reports, we traveled to south texas to see what's attracting more latino voters to the republican party and spoke with flores who is now running for re-election. >> part of what really resonated with voters here was your campaign slogan. god, family and country. what does that mean to you?

[ speaking non-english ] >> i wouldn't be who i appear today if it wasn't because i live in prayer every single day. >> joining us now is paula ramos. based on what you heard from people, how much does religion factor in with latino voters? >> look, what we heard is those three words resonated, not just with latino republicans but also with latino democrats. that's because maya flores bet that they are more conservative. countless latinos on record are democrats, historically are democrats and typically vote democrats but in their heart and their soul, they're conservative. when i ask do you support abortion? the answer is no. do you support gay marriage? many times the answer is no. have you ever voted for a republican? and they would say no. so if you're a latino and you're

a conservative, you no longer have to vote for democrats. it worked because the message was strong, but more than anything the messenger was strong. for the first time what you find is many people had a woman that looked like them, that sounded leak them, that she too was an immigrant. when you combine those two things together, it was a very, very powerful movement. >> and so there's a change that we saw, i mean in 2020 in the rio grande valley area. what is it, is it just because they see someone representing them in the republican party that they hadn't seen before? >> i think that's part of it, right? part of it was her message but also what we found is one of the main reasons republicans have been making inroads in south texas is because they have been organizing in the churches. they have found that if you go to many latino evangelical

churches, the outcome could be better than expected. latino republicans are simply mimicking a strategy that democrats are using in black churches to mobilize their bases. they think that strategy, you can nationalize that strategy, take it away from the rio grande valley and get latinos to turn out. if you take a step back, you understand that latinos are the fastest growing group of evangelicals in this country. if you leverage that and politicize that, that can only increase republicans' chances. >> paola, i want to -- using the opportunity of your extraordinary experience and the reporting that you have done and continue to do that very few people do, and i'm just thinking of the stories that you did in mexico and the killing of women and you spent time -- how would you describe what the people

that are crossing this river, little 5-year-old girl died just two weeks ago, what they go through? you've seen a lot of that. >> i'll just tell you this. i was there, as you said. not everyone makes it. it is not guaranteed that you cross that jungle that takes people between seven to ten days. it is not guaranteed that you'll make it. you're faced with paramilitary groups specifically on the panamanian side of the border. many people are raped, victims of sexual assault and many people die there. when you have these conversations, the audience needs to understand that to get to the border, there's so many other countless stories and journeys and dangerous steps that people are going through just to get here. if they want to come, they will come. if it takes them to cross a jungle, they will do it. >> and paola, the gentleman i

was speaking with yesterday told me about their friends. they were a group of 11 that also made it through the jungle, through guatemala, through mexico. just on the other side of the border when they were getting ready to cross the border, they were 11. 10 of them made it, one stayed behind and was caught my cartels, human smugglers or whatever you want to tell them. that person has been kept in a house and they're asking the mother of that young man $10,000. she sold everything and now they're starting to chop off his fingers and send it to her on the phone. they say he's got eight fingers left, start sending the money. that's a reality that's happening as we speak. >> completely. that's part of the underlying story here. that migrants have become profitable elements for the cartels. in some ways that's a reaction to u.s. immigration policy. >> indeed it is.

paola ramos, i thank you so much. you can watch the latest edition of "field report" tonight at 10:00 p.m. eastern, 7:00 pacific and streaming on peacock. please do me a favor, check it out, it's important. that wraps up the hour for me. i'm jose diaz-balart. peter alexander is up with more news right now. good thursday morning, i'm peter alexander here in washington. right now back-to-back legal blows for donald trump. overnight a federal appeals court gave the green light to the justice department to resume its criminal investigation into classified documents seized from mar-a-lago. the judges rejected the former president's claims about those documents and the original judge's decision. that setback coming just hours after new york's attorney general announced a lawsuit against trump, three of his adult children and the trump organization. the more than 200-page lawsuit alleges wha