good morning, 10:00 a.m. eastern, i'm jose diaz-balart. happening right nour, now, hurricane ian is a category 3 storm battering cuba with high winds and life-threatening storm surge. moments ago, the national hurricane center saying it expects ian to take aim at venice, florida, in 35 hours. tens of thousands of floridians are now rushing to evacuate. we'll tell you what you need to know to keep safe. this is almost 500,000 people in

puerto rico are still without power. many are waiting for vital fuel in the wake of hurricane fiona. the congressman who just visited the island will tell us what he saw on the ground. also we are taking a closer look at what to expect from tomorrow's highly anticipated january 6th committee hearing when the panel is set to clip from roger stone's new documentary. >> the obstacles are these weak-kneed bureaucrats in the white house council's office. now they must be crushed. >> meanwhile in russia as more military men flee the country, the kremlin now acknowledges issues with its latest draft in yet another blow to putin's military strategy in ukraine. the former president of ukraine will join us with more on that.

we begin this hour with a very latest on hurricane ian, which made land falls in western cuba at 4:30 a.m. eastern bringing heavy rain and maximum sustained winds of 125 miles per hour. the latest tracking shows ian could reach florida's western coast as early as wednesday at hurricane strength. last hour florida's governor ron desantis held a press briefing where officials citing the national hurricane centers said they expect that ian to make hand falls in 35 hours in venice, florida. now things are moving fast. it you're in florida and you're unsure if you live within an evacuation zone, go here. floridadisaster.org/knowyourzone . you can find the latest information on evacuation orders across the state. joining us this morning is allison barber from tampa, florida.

and john morales, hurricane specialist from southern florida. i start with john. what's the very latest? >> reporter: the very latest is the center of this major hurricane now with 125 mile per hour winds is emerging off the north coast of cuba and heaing into the southeastern gulf of mexico at this very minute. it is expected to continue on a northbound track, but then take the northeast turn ever of so gradually so that, yeah, anywhere from tampa to fort new york yers, that looks to be the area where the most likely landfall would occur. that means that for really the entire state of florida, there's going to be inclement weather that's already happening and will continue to go downhill pretty much for the entire state with a possible exception of the western panhandle in places like pensacola have less of a risk. but several inches of rain have already accumulated. there's a risk of 24 inches of

rain in the state of florida, plus the storm surge that could be as high as 10 feet aboveground for tampa bay. should it take the one path meaning bad path towards the state. and therefore, water, jose, water is the biggest threat at this moment that i see from this hurricane. >> so a fought things. you always explain things in easy to understood manner. we have a lot of folks living in that area. how quickly is this storm moving? in other words, how long will the rain be here. and how intense or dangerous is that storm surge? what can we visualize a storm surge like this being? >> well, to answer your first question, this is a multi-day event. the rain already was very, very

heavy overnight and into this morning with several places in miami, which is well over 300 miles away from the storm right now receiving 5.5 inches of rain. so we are well underway with the rainfall, the impacts, the gust, et cetera. but as far as the storm surge is concerned, imagine you have this large wind field dragging water on the surface of the ocean pushing it towards the shoreline. that generates the storm surge, which in southwest florida might be 3, 5, 7 feet aboveground. for tampa bay, depending on the angle of the approach towards the coast and where it makes landfall, it could be as high as ten feet pov ground. that's why evacuation orders are underway for many of these coastal communities on the west coast of florida. >> so that's ten feet above sea level. above the regular normal i object crease in water depending on the track.

>> that's the scary part. it's not ten feet above the tide. it's not ten feet above sea level. it's ten feet above where anyone is standing. so if you're standing on a location that happens to be five feet above sea level, that means it's a 15-foot storm surge. that's why storm surge is such a dangerous thing. >> thank you very much for clearing that up. meanwhile, talk to us about what you have been seeing on the ground there in havana where the storm is pretty much centered over rio. but it's a large storm. >> reporter: havana was right on the edge of this storm. fortunately, we got wind and some rain in the capitol, but the really strong part of that was the western part. that's where they got hit with a

category 3. we have been seeing videos this morning so we have some for a little over two hours. now we're assessing the damages in the western part of cuba. that province has half a million people. wildfire we have been seeing photos and videos of some of the damage. some of the tobacco companies in this area, this is that area that's famous because of the tobacco plantations. we have seen infrastructure completely damaged from some of these companies. and also we know as of now that meteorologists we spoke to yesterday from the institute of meteorology told me now that the storm will move away from cuba seshlg ily on the the north edge of the island. we could expect surge coming to the northern part, especially here havana. but the damages in the western

part of the island are still being assessed. >> it's such a dire situation in cuba. i'm just wondering have people been able to go to the areas now that have been affected? because the government controls everything at all times. have there been already movement towards other places to get assistance to them? >> you're correct. the government controls what happens. they do the evacuations. they set up the preparations that happen here. people were allowed to buy a little more food than usual at government food stores. so the rations were increased. the government has sent out different brigades. these include doctors and surgeons for any type of emergency, for people that might

have been hurt during the storm. but during the hurricane overnight and earlier this morning, people were asked to stay inside. we are going to be moving into that direction in the next two hours to assess some of that damage, but as of now, everyone is going around trying to see what damage the storm did cause and the military has medical brigades that have been sent out and they did evacuate 60,000 individuals in that province. >> so john, just to kind of go back to now the storm and where it's heading now. what are you looking at? what's your biggest concern there? this is so specific. we're talking about it could be venice or tampa. what are you looking at now? >> well, a lot of the modelling from early on, particularly that european model, which his tort iically has been the most accurate model in the world, it was honing in on that west coast of florida for quite some time.

but now that model and other models are starting to point at a location south of tampa bay. that's not set in stone. if you're in tampa bay, you need to heed the advice of the authorities. if they are asking you to evacuate, you still need to do so. but tampa bay would really luck out if the center of the hurricane made landfall south of their area. that would be really bad news for sarasota, fort meyers and cape coral. but for tampa, that offshore broez instead of the on shore breeze would make a world of difference. >> you're dm in part of tampa that you're in an evacuation order. what are you yo hearing from people there? >> that's right. in hillsborough county, what's

known as zone a, is under mandatory evacuation orders. this gas station here is one of the first stops that a lot of people are making before they continue their journey more inland. we spoke to one man this morning who said he lived in tampa for over a decade. he said he's never evacuated in the past. but this time from watching the models, hearing the warnings, he decided to pack up and go. listen. >> i have never left before. they are showing this one is movering slow so they are predicting a lot of water. i live south of tampa. >> this one feels different. >> yes. >> reporter: there are mandatory tack vags orders in seven counties. you said it earlier. you can go online to get more information on what to do, how to prepare. most importantly to check to see

whether you're in an evacuation zone. the governor at a press conference this morning urging any residents in an area with an evacuation zone to leave. you don't have to go far. just go inland. get to hire ground. >> allison barber, john, thank you all for being with us this morning. still ahead, clips from a new documentary capturing what roger stone said would happen after the 2020 election. you're watching "jose diaz-balart reports" on msnbc. adds a lovely pecan flavor. man, the second retirement really changed you. the new subway series. what's your pick?

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now to breaking news from washington. nbc news, involved in the january 6th committee hearings. julia joins us now. what more can you tell us?

>> reporter: we understand that sometime after the inspector general launched his criminal probe into the missing secret service text messages from january 6th, the agency confiscated the phones of 24 agents and handed them over to the office. we don't know what, if anything, they have been able to get from the phones. at the heart of this matter, it's text messages that would have been exchanged from agents. the fact that they were missing, they witnessed during what they said was a preplanned upgrade in early 2021 caused a lot of friction and upset among investigators in congress. we understand that he turned this into a criminal probe. and we understand that many of those agents were obsessed but have little they could do because the phones to belong to the secret service. but the questions this raises is where does the investigation into those missing texts now

stand. if the inspector general has had those phones for maybe as many as two months now, why haven't we heard more about what might be able to come out of this. it raises more questions about this dhs inspector general and just last week, his own employees in an anonymous letter called for the biden administration to replace him. >> i thank you so much. jury selection now underway in a case connected with the january 6th attack on the u.s. capitol. five members of the oath keepers group, including their leader, is accused of seditious conspiracy, the most serious charges the justice department has filed against anyone connected with the attack. justice reporter ryan riley join us from outside the courthouse in washington. what can we expect to see during this trial? >> reporter: this trial could go as long as six weeks.

it's really going to get into the details of this oath keepers conspiracy allegedly. the oath keepers allegedly planned to have these quick reaction forces outside of d.c. that had guns and were ready to be called upon should he invoke the insurrection act. that's going to be the defense. this was all theoretical. the problem for them is that a lot of those oath keepers entered into the capitol. they formed these stacks and went up the stairs of the capitol on january 6th and entered the building. i expect the oath keepers will bring up a lot of issues about how the capitol police responded that day. but overall, it's going to be one of the most tested cases, i think, for the justice department because a lot of these cases are pretty solid. this one is a little more experimental. these charges are something that don't often come up. it's actually come back. they haven't secured guilty

pleas. it's rarely used. last time around it was like a decade ago and even before that, tough go back a few decades to see these charges being brought forward. it's a very serious crime. it will be coming over the next six weeks. >> ryan riley, thank you very much. that trial gets underway as the house january 6th committee prepares to hold its next public hearing tomorrow. nbc news has con 23ir78ed that the committee will likely use clip cans from a documentary in which dane ir film makers followed roger stone in the three years leading up to the january 6th attack. nbc news is also taken clips from that documentary, including this one in which stone details a plan to challenge and discredit the results of the election. >> they are assuming the election will be normal. the election will not be normal. these are the california result, we're not accepting them. we're challenging them in court. if electors show up at the electoral college, our guards

will throw them out. i'm the president president. you're not stealing. i'm challenging all of it. the judges are judges i appointed. your results are invalidated. that's the way it's going to have to work. >> another clip shows stone talking about violence, after which he said he was kidding and that he renounced violence. with us now to take a closer look at this is a "washington post" reporter and barbara mcquaid, a former attorney in michigan who is now a professor at the university of michigan law school. both are msnbc contributors. what point is the committee trying to make by airing clips from this documentary president bush. >> we are told to expect that these clips will be played in the context of the idea that people like roger stone, steve bannon and former associates of former president trump all planned on declaring victory

regardless of the outcome of the 2020 election. as you saw in those clips you just played, some of those comments that roger stone made, such as screw the voting, let's go right to the fighting, happened prior to november 4th. one of them actually happened where he said shoot ann tee fa. that happened onnovember 2nd after a campaign rally from doug collins. all of this comes in the broader context of the efforts to overturn the election. and the fact potentially that donald trump was aware of and encouraging these actions. but what remains to be seen is sort of the direct line between roger stone and former president trump. if the committee has been able to unearth any communications or any sort of middle man between the two and if there was an awareness in the white house that roger stone and people like bannon were actively planning on doing these sorts of schemes to

declare victory. >> so from what we have seen and what jackie was trying to describe, what stone was saying, is there any legality there? it seems very controversial. i'm wondering if there's any legal consequences for that. >> i think the clips could be very significant evidence in a conspiracy case. it's not the only evidence and more evidence would be necessary, but in light of of all the other things we have seen, i think it could be very powerful evidence. first, one thing we haven't seen from the committee yet is a link between donald trump himself and the seditious spear tortoise attack the capital. he said some provacotive things, but connecting them to a plan would be very powerful. these statements could be evidence of that conspiracy. but i think you can prove a criminal case even without proving a link to the violence.

and that's where the statement about the plan, even before the election, to just say we won, we're going to fight everything and use the power of the presidency, even if we fail, that could be a different crime, which is conspiracy to defraud the united states. so even if that link cannot be made between trump and the violence, if the link can be made between trump, then that could be a crime of conspiracy to defraud the united states. >> members of the oath keepers are on trial for seditious conspiracy, the most serious charges levelled in connection with the january 6th attack. why haven't we seen more people face this type of charges? >> as you said earlier, it's a rarely used, very powerful charge. it's reserved for the most serious of offenders. so you have to show that there was a preplan to go in and attack with violence the authority of the united states. for many of these other people, even though they were there and engaged in the attack, it's hard

to know there was evidence of a preplan. with these individuals who have been charged, according to the allegations, there were communications in advance of the attack that this was a premeditated plan to stop the certification of a presidential election. this was a strong and very different from some of the other cases that have been charged in the past where it was difficult to show either a preplan because the plan was not executed ing "

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right now in russia, men are rushing to the border to escape vladimir putin's draft. another challenge to the military strategy in ukraine. this as we see new images out of the war. these russians are seeking to avoid. many residents were foribly moved to russia with only rubble and devastation remaining after relentless attacks from moscow. joining us is the former president of ukraine. mr. president, always a pleasure to see you. you just visited kharkiv. what was it like there? >> i saw very brave persons. it was exactly on the russian

border which ukraine takes control. the humanitarian situation is absolutely a disaster. because in the village, no electricity, completely destroyed. no heat, no gas, no water, nothing. and with that situation, we delivered the generator. and by the way, the most disastrous thing is the mass graves and the place where only ukrainian find out about 500 where it was where they killed the ukrainians. we delivered the generator. a normal life that people left in the russian border.

this is just new evidence that russia provided genocide in the kharkiv region. this is new evidence to accelerate the decision connect with russia. and we're definitely waiting for a decision from the americans. >> they warned russia to stop loose talk about nuclear weapons. i was just wondering. you met with putin when you were in office. how do you read him and how dangerous is this loose talk of nuclear weapons? >> i met with secretary of state

antony blinken. it would be my impression from meeting with putin, this is the exact messages that they are doing. which is not ukraine many times. a promise to make a cease-fire to not to provide a full-size operation. and i definitely we would be united, we would be strong. the strength is exactly the language. and if the unity for more weapons we will get from our western alliance, this would bring a good result. but please do not ignore the putin threat. please accept it seriously.

this should not for the new steps to make putin bigger. i'm talking abouttn( sanctions the fact that we need a more powerful weapons. after all the events of the last days, with need to have an jet fighter and the antiaircraft missiles. this is exactly definitely the fact that russian presence in ukraine. >> it's always a pleasure to speak with you. i thank you ii your time. we g back to florida as we look at hurricane ian from the international space station. take a look at these pictures. plus we'll talk to a congressman

who just came back from surveying storm damage from hurricane fiona in puerto rico. there are hundreds of thousands of people as we speak, american citizens, who still don't have power. you're watching "jose diaz-balart reports." wer. you're watching "jose diaz-balart reports. after just 2 doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms such as fevers, sweats, chills, muscle aches or coughs, or if you plan to or recently received a vaccine. ♪ nothing is everything ♪ talk to your dermatologist about skyrizi. learn how abbvie could help you save. with powerful, easy-to-use tools power e*trade makes complex trading easier react to fast-moving markets with dynamic charting and a futures ladder that lets you place, flatten, or reverse orders so you won't miss an opportunity

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only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ hurricane ian is now a category 3 stormcuba. we learned that officials are advising residents to shelter in place as early as 2:00 p.m. today. steve patterson joins us from st. petersburg, florida, where residents are also under evacuation order. what are you seeing there? >> reporter: we're going to show you people sandbagging, boarding up, clearing the shelves of water and generators. that's what we have seen. but the number one thing we have heard that people need to do to prepare is to leave.

particularly if you're in one of these mandatory evacuation zones, to get out of here. this area hasn't been hit directly like the waves expected to be hit in about a century since before queen elizabeth ii was born. so not only do possibly floridians in that area left accustomed to it, but billions of dollars of real estate has been built up along the bay since then in areas that are much more susceptible to storm surge because of the wide coastal shelf that this area sits on. so no matter what, if this is a category 3 or a 2 or 1 or even just a strong tropical storm, the storm surge still has the potential to be catastrophic, if not deadly. we spoke to the mayor about that and asked if he's prepared. here's what he told me. >> we always pray for the best, pray for a turn in the storm, but we always prepare for the worst.

folks need to respond to that evacuation order and get to a safe place. >> reporter: if you are caught up in it, we have a disaster kit, just the contents in a normal kit. we want to show that to you. food and water, flashlight, batteries, things you'd think of. some things you might not think of, a hand crank radio could be important, a first aid kit if you have prescriptions a whistle to signal that you maybe trapped or may not be in a good situation. all of that is important if you are in an area which could be impacted. but if you are, remember that county officials say they may not be able to get help to you, particularly in those zones in red, the mandatory evacuation zones, they don't want to put their own people in danger. this area is going to be very dangerous in the next few days. >> steve patterson, thank you so much. coming up, the latest on the power outage in puerto rico. you're watching "jose diaz-balart reports." rico. you're watching "jose diaz-balart reports. plus, superior nutrition.

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island. the company, always good to see you. when it comes to getting electricity back to the island, it's not just maing sure lights are, but people rely on it for medical equipment. how dare is the situation in puerto rico right now? >> the most dire need for electricity and water, which are matters of life and death, 33% of the people have no electricity. 13% have no water. and when you break down the outages by regions, is the results are even more troubling in the southern region in and around the areas. more than 70% of the people have no electricity, and their there are pockets of people who could go without electricity for up to

a month. it's a national disgrace that in the wealthiest country in the world, the people of puerto rico, more than 3 million american citizens, have no electricity in the worst of times and have no affordable and reliable lkt despite paying the highest costs in the country. >> congressman, on the issue of d "the post" reports that the biden administration said they don't have the authority to extend the law that prevented the ship from coming in and dock. what do you make of the challenges on this issue? it seems like if there's a ship with diesel right off the coast, let it in. >> there's a ship that's prepared to deliver diesel to puerto rico in its moment of greatest need, but the ship is prohibited by the jones act from delivering the diesel because it has a foreign flag rather than an american flag. so a number of colleagues and i have called upon president biden

to grant an emergency waiver to puerto rico, with respect to the jones act. we're not calling for the repeal of the jones act, we're calling for an emergency waiver from the midst of a major disaster that has ravaged the identity listened. island. >> what are the steps that need to be take so this emergency waiver can, in effect, be granted and then the ship able to bring that diesel in? it's kind of important here. >> in the short-term, we are convinced that the president has the authority to grant a waiver on an emergency basis. but the long-term solution lies in rebuilding the bridge. the federal government has to leverage every tool to expedite the rebuilding of the grid, which i consider the most dire infrastructure need in the united states. it's a matter of life and death. the existing grid has no diversification. it has no renewable energy.

if one system fails, there are widespread power outages. it has to be not only repaired, but build back better. >> congressman, always a pleasure to see you. thank you for your time. >> absolutely. coming up, the death of a woman in custody of iran's so-called morality police is sparking major protests in the streets. we'll talk to an iranian-american journalist why women in iran are at the forefront of change. you're watching "jose diaz-balart reports." s. oh, the meatball's out! i thought he never fumbles. the new subway series. what's your pick? oh, that i can't believe i scored this price feeling! well believe it baby! i thought he never fumbles. because wayfair always delivers. the look you want at the prices you want. so you can have the home you want!

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52 past the hour. now to iran where national protests are escalating in the wake of the death of a young woman who was in custody in the nation's strict morality police after being detained for wearing pants deemed too tight, and now iran is violating the west of violating its sovereignty because they did all they could to support the riots. joining me is author of "beginner's guide" and she left iran in the 1980s. thank you for being with us. you wrote a piece in the atlantic, today i feel what so many iranian women feel. explain the level of fear that exists in iran since 1979, and

the strength of these women to stand up. >> it is an incredible phenomenon. i mean, first of all, imagine 43 years of so many people driven underground, and they have managed to subdue even without -- the women in iran were out on the street three weeks after the iranian revolution, and the most important force continues to step up and really pose as the most important voice against the they aubg raw see. >> how can change be possible when you have what essentially

is this dictatorship since 1979? it seems as though, gosh, the efforts are so real and yet how does change -- how is change possible? >> well, i think all the conditions that you would need to see in iran, i think in 2009 we saw protests against [ inaudible ], you saw people in the street in great numbers [ inaudible ] but the votes had to be counted, so the main slogan at the time was where is my vote? today that is no longer the issue. the issue is [ inaudible ] and

people are taking to the streets and demanding liberty, and they are not asking their government for anything, not asking for where their votes are or salaries to be raised, and nothing more than for the supreme leader to step down, and i think it's ripe for a major change, but it cannot be done without outside support. no revolution as far as the last [ inaudible ] can possibly see, coming together and -- >> how do you support democratic change in dictatorships? we see, as you mentioned, there

have been other instances where people have risen up and they were cut down, and you know, history is just filled with people who try to make a difference and were cut down without much of the world paying attention or making a difference. >> for one thing, iran is a -- it's a great exception in that if iran changes, so many other great changes will follow and that really improves not just iran but the region and the rest of us elsewhere in the world. so iran is a key shift that we need as a community in order to achieve other things we are hoping for, especially peace in the middle east. for starters, why are we talking and carrying on with the negotiations inside iran when with iran, they would be able to

throw women against a cement curb and attacking violent the women on the street? what sort of message does that deliver to the people of iran? for one thing, we have to negotiate [ inaudible ], and the second thing is, let's make sure that we -- that the demonstrators, people out on the streets of iran have access, and they keep shutting the internet down and that's a dangerous thing. >> i am just losing a little bit of your audio, and it pains me. but i think it's so important, the points you are mentioning. i thank you so much for being with us this morning. time to take quickly a look at other headlines beyond our borders this morning. president putin granted russian

citizenship to snowden who fled the u.s. in 2013 and was given asylum in russia. japan bidding farewell to assassinated former prime minister, abe, and people have been protesting the state funeral because it's estimated to cost $11 million. and vice president harris is there paying condolences this morning on behalf of the u.s. the vice president with visit the dmz, the demilitarized zone and she's expected to visit u.s. service members and commanders. today marks one year since msnbc and you gave us the privilege of sharing time with us this morning, and none of

this would be impossible without the incredible people working behind the scenes. every single one involved with the show are the best, and they work so hard to bring you the best journalism with passion and compassion. that does it for me this hour. thank you for the privilege of your time. these are the people i'm privileged to work with for you. lindsey riser picks up with more news right now. good tuesday morning. i am lindsey riser at msnbc headquarters in new york. one hurricane hunter is describing hurricane ian as it takes toward florida. making landfall in western cuba. it's expected to get even stronger as