good morning. 10:00 a.m. eastern, 7:00 pacific. i'm jose diaz-balart. happening right now, fema is conducting its largest search and rescue effort ever in the aftermath of hurricane ian, five days after the monster storm battered parts of florida. >> i had to evacuate and everything. and now i've lost everything. all -- everything. my life savings, my tools, everything. we'll bring you a live report on the ground. this hour, president biden and first lady are heading to

hurricane-stricken puerto rico and are set to visit florida later this week. in cuba, another wave of protests sweeping the island following a nationwide blackout. cuba is once again demanding freedom. meanwhile in washington, the new supreme court term begins today as the court prepares to take up a number of consequential cases. also this morning, opening arguments are happening right now in the conspiracy trial for five members of the oathkeepers militia group in connection to january 6th. and with 36 days to the midterm elections, the power of latino voters and how they could shape key races. and we begin this very busy hour with our top story. the daunting search and rescue missions happening right now

after hurricane ian hit florida. over 1,200 fema personnel are trying to reach survivors and recover remains five days after this storm pummeled the gulf coast in florida. this as the death toll continues to climb. at least 87 people have now lost their lives in relation to this tragedy. for those who survived, we're now hearing their stories of devastation. this is your life? this is it? >> that's it. it's all gone. >> you have seen so much in your life. you served this country. you gave so much of your life to this country. nothing compares to this? >> nothing. absolutely nothing. i can't even reflect --

>> just the enormity of this disaster. joining us now with the very latest, dash that burns who has been following the fema task force and army corps of engineers at ft. myers beach. and captain honor a that responded to hurricane katrina. dash that, what do these search and rescue missions look like? >> reporter: we spent much of the day yesterday with one of the task forces doing this daunting task, going door to door for miles and miles and miles of this devastation. and you see some of the destruction here behind me. multiple that over and over and over. that is what we saw on ft. myers beach yesterday as we spent time with florida task force 2. that gives you a picture of not only the power of this hurricane but also the scope and scale, jose, of the search and rescue

effort. it is a herculean effort. we watched as these workers went door to door looking for signs of life and also, unfortunately, you hear a helicopter above me hoping they are going to save some individuals. but they are also looking for signs of death. there are a lot of missing people here. we did witness, as they did their preliminary search, trying to see what they could find, if anyone needed rescuing. we watched as they brought in a human remains dog. it's a dog that's been trained to smell death and to alert these fema teams and help narrow the search area. they suspected potentially a 90-year-old female that was missing at this residence might be deceased there. they brought in this canine. and i witnessed some of the difficult, the heartbreaking moments as they waited to see

what they might find. take a listen. >> it is methodical, systematic, it is dangerous. and as you can see, as you look around, how quiet it is with all these rescuers on the scene. it is also a process done with the highest degree of respect possible for the loved ones that had been lost. >> reporter: that quietness, the silence that the chief there was talking about was maybe the most chilling part of our day yesterday, jose. watching the dog conduct the search, pointing to the area. and then as the team went in to start to excavate, they did so very carefully by hand. it wasn't a whole hubbub. there was no rush. there were no bulldozers. they really did it with the utmost respect. and it was really heartbreaking to watch. and even more heartbreaking to think that dog, maui there, the

cutest dog with the toughest job, immediately was called to another site to do the same thing. so that process of search and rescue, of finding some devastating results is happening over and over every single day, all day here right now, jose. >> yeah. lieutenant general honor a, what kind of challenges are they facing, dealing with a crisis of this scale? >> well, it's enormous. my hat is off to the coast guard and fema for the organization they put in to be able to conduct this massive search and rescue. the storm, category 4 storm matched the preparedness. the supplies we see, after they write another mark, there's something else we need to work on. they have done a great job of getting there. that he wants the number one rule. now you have to knock on every

door and enter every house. and that's going to take days upon days of hard work, methodical work, just as they are doing now, to try and get to everyone, either people that are still alive or to recover their remains. and having worked that in new orleans and surrounding areas, that is tough work. they are going about it methodically. and then right behind that is all the work that has to be done by fema, the county, the cities, and the volunteers that are there on the ground to try and feed people, provide water for them and life support in these early days after the event and then try to get those people to evacuate because they can't be sustained when there is no grid, no running water, no electricity, no sewer. that transition should be happening in the next few days. at the same time, we're still

looking forward trying to get people and save them. it's a very complex work, but they are well organized. florida has been planning for this for decades for the potential of this. and their great planning and resourcing is work out, in collaboration with fema and the coast guard search teams. >> i've got to tell you, seeing the 42,000 plus linemen stationed at 30 different areas around the state before the storm struck the florida highway patrol patrolling the area all the time seeing the local and the state officials working hand in hand to get to people. but i'm wondering, there's been some questions about the timing of evacuation orders, general, and some of the hard-hit regions like lee county, who were not ordered to leave until tuesday morning. would that have made a difference?

>> it possibly could. they're going to have to do that research internally there. again, we learn from every event. we've been knowing all weekend the storm was coming. the exact path was switched. i think that could have made an impact. that county was in the cone of uncertainty. but early on prediction that it would go further north to tampa and you would get a side blow even though the worst side of the storm. they'll have to sort that out on the ground. the big challenge now is what do we do with all these people in florida. thousands of them, tens of thousands of them that are still in the area and their homes are flooded. they've got some quick work to do in the coming days to find host cities in florida that could take these people in. and as you know, jose, after katrina, rent doubled in new

orleans. >> yep. >> and same thing will happen in this entire area. survivors are going to have a hell of a time finding places to sleep. >> yep. and then you have so many people there who are really kind of not even counted but play such a large role in the economy of that area. they have no access to fema funds, et cetera. there are a whole lot of people there that are really on their own right now. lieutenant general honor a and dasha burns, thank you for being with us this morning. president biden and first lady jill biden will depart for puerto rico. national correspondent gabe gutierrez joining us from ponce, puerto rico and josh letterman. gabe, they are still grappling with the damage left behind from fiona. what is the president going to see today? >> reporter: hi there, jose. good morning. i just heard something you said,

talking about tens of thousands of linemen being pre-positioned to deal with the disaster there. as you know, jose, much more difficult to get those types of resources to this island in the middle of the caribbean. as you can see behind me right now, there is an urgent effort to try and get power to the remaining 8% of this island, its customers that still do not have power. we are in a neighborhood still without power more than two weeks after hurricane fiona. the hardest hit portions of this island, the southwestern parts of the island, 92% of customers here have had their electricity restored. but, jose, as you know, there is a lot of frustration here in puerto rico about the ongoing power situation here. many of the residents that we have spoken with do not trust the withdrew ma energy that took

over power distribution on the island last year and have been faced with protests over what customers say was an increase in bills, more outages, they say. i spoke with an official and they have pointed the finger before at the government-run facility. they are just trying to get the power distributed. as you can see, there is now an ongoing effort continuing two weeks after the storm. we spoke with another resident this morning who says she still does not have power. she's been extremely frustrated. what is what president biden is walking into later today as he and the first lady come here to make an announcement about more federal funding to make sure that puerto rico can deal with storms in the future, jose. >> and, gabe, we saw a little sign on a gas station saying no gasoline. how is the situation on that front? >> reporter: well, jose, we were

here after hurricane fiona hit. the situation the last few days has improved in terms of getting gas. in the metro area of san juan, things have gone pretty much back to normal. in the southwestern part of the island, outside ponce, it is still difficult for many of the residents who don't have power but need the gas to power their generators. there have been long lines here since the storm hit. although that has alleviated, residents say, over the last several days. so they're grateful for that. but they are still waiting -- some neighborhoods are still waiting for the power to be restored, jose. >>. >> it will be two, two and a half hours in puerto rico? >> reporter: yeah. that's right, jose. we just saw the president walk out of the white house to board marine 1 for the first leg of his trip to ponce.

the president will be able to meet with first responders, local community leaders, as well as people affected by hurricane fiona. he is also expected to take part in helping to put together supplies of water and food to be distributed to the community there. a big part of the focus of this trip is of course to try to show solidarity with the community, to thank the federal and local workers who have been responding to the damage there. but the president is also going to use his time there to announce a $60 million that will be coming from the bipartisan infrastructure law to really help puerto rico better prepare itself for hurricane in the future. we're talking about things like shoring up the levee system, strengthening flood walls and creating a new flood warning system for puerto rico to make sure they're more resilient to these kind of incidents in the future. the president is trying to make the point that the united states has not forgotten puerto rico

and its damage from fiona even as it is focused so much now on hurricane ian with the president set to head to florida to visit the damage there on wednesday, jose. josh letterman and gabe gutierrez, thank you very much. if you would like to help those struggling to recover in florida and puerto rico, visit redcross.org or call 800-red-cross. or text redcross to 90999 to make a $10 donation for our viewers who watch us and speak most live sphraeurb -- [ speaking non-english ]. well go back to florida and talk to a member of the army corps of engineers.

and a new justice on the bench. major cases they're watching. you're watching "jose diaz-balart reports" on msnbc. d. (man) wahoooo! (vo) you can be well-groomed. or even well-spoken. (man) ooooooo. (vo) but there's just something about being well-adventured. (man) wahoooooo! (vo) adventure on a deeper level. discover more in the subaru forester wilderness. love. it's what makes subaru, subaru. subaru is the national park foundation's largest corporate donor. ♪ what will you do? ♪ what will you change? ♪ will you make something better? ♪ will you create something entirely new? ♪ our dell technologies advisors provide you with the tools and expertise you need to do incredible things.

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19 past the hour right now. the supreme court is back in session for a new term. justice kattan ji brown jackson will hear oral arguments as the first black woman on the supreme

court. it opens today with a conservative challenge environmental regulation of wetlands. tomorrow a key debate over the voting rights act. msnbc legal analyst, barbara mcquaid from the university of michigan law school and former u.s. attorney. great seeing you. after roe was overturned, all eyes are on the new term. >> we have this 6-3 conservative majority. then alone is nothing to be worried about exempt for the fact that what we saw in the last term was a willingness to overturn precedent. so i think that to be very concerning about some of the big cases coming along in this term. there is a big case on affirmative action that i think most of us expect will overturn out of the university of michigan law school that said it is a compelling interest that

allows race to be considered in a factor in deciding admissions. there is another case that deals with gerrymandering. it will be argued tomorrow out of alabama. legislators that create districts that pack all of the members of one race into one district to dilute voting rights will be allowed to stand, which could cause further mischief in the way elections are decided. and then the third big case later this term, we don't have a date yet, involves this independent state legislators theory. that says if a state legislature makes decisions about how elections could be handled, regardless of how outrageous, the state courts are not able to serve as a check on them. the state legislators will get the final say. all of those cases i think are worrisome in light of this 6-3 majority that is shown an unwillingness to adhere to

precedent >> barbara, talk to me the first case on race being considered in decisions. what does that look like? what are the arguments on that one? >> well, they brought together two cases, one out of the north carolina and one out of harvard. they have looked at not just black and white students but what they say is discriminatory tactics against asian american students. now, in a case decided out of the university of michigan law school where i teach, the supreme court held that diversity in the student body, having people from different backgrounds add to the intellectual environment that aids all students. as long as the selection process is narrowly tailored to achieve that process. you can't say many of a particular race is in or out. the court is revisiting that

issue and could decide that diversity is not a compelling deposital interest, overturning that and making race blind admissions the law of the land. and i think it will have an effect not only to harm students seeking admission of underrepresented groups but undermining the educational experience for all students in a class who benefit from hearing those diverse perspectives. >> barbara mcquaid, i always learn something when i get a chance to speak with you. i thank you for your time. up next, we'll talk with a colonel, colonel actually in the army corps of engineers who is on the ground in florida but why his mission is personal. you're watching "jose diaz-balart reports". diaz-balart reports"

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affairs today and make sure we do everything we can. >> the president's comments just moments ago as he was leaving the white house. and five days after hurricane ian slammed into the florida gulf coast, decimating entire communities, we're hearing stories of people stepping up to help. here's what i heard from two florida families who went to ft. myers beach to help. they cooked about 150 burritos and brought water to give to those in need. >> why do this? [ speaking non-english ]. >> thanking this country for opening its doors to us and telling our daughters the values so they will always return what we once received. the little that we have we're giving back. we're healthy, we're alive, we have a home, we have food. there's some who lost it all.

and here's why we are here. it's just a portion of the generosity and the kindness that we is see from people in the wake of this crisis. much more help will be needed to address the damage and the devastation of these communities. joining us now is colonel james pwaogt, the jacksonville district for the u.s. army corps of engineers on his way to ft. myers. colonel, thank you for being with us here. the team is working on installing generators today. what do efforts look like? >> jose, the army corps of engineers is prepped for a week before the storm came in to make sure we had assets pre-positioned and ready to move in right behind the storm. so we've got two generator support bases with well over 100 folks, ready to flex in should the capacity of the counties and the states be exceeded. we're starting to get to that transition point. just started to move some generators into the impacted

area to provide spot generation. that is just one example of what we're doing and get ready the last few days. >> a lot of folks in the area do not have access to clean drinking water. what kind of safety challenges does this pose to communities? >> i think right after a storm, it's not uncommon that you have the power out. that's a safety issue. but wastewater treatment facilities tend to go down. you may have trouble with potable water systems. spaoert tease to provide advice from what we have seen in other storms and recommendations within their own capability to try and bring the systems up and running a little quicker to get people back in their homes. but also should, once again, if they have -- they need additional capability at the federal level, we'll work with fema, potentially get mission assignments from fema and come in and provide whatever

assistance we can. >> colonel, you're a florida guy yourself. when you see what happened there, just what goes through your mind? >> sure. so our hearts, the army corps of engineers, goes out to anybody in the state of florida, puerto rico, who lost loved ones or had property impacted from either hurricane ian or hurricane fiona. and i am from florida, a small town called keystone heights in north central florida. it is an awesome opportunity to be able to get on ground and provide help to my fellow floridians. i had the opportunity to meet my cousin darryl burns with the jacksonville police department working on ft. myers beach. as a florida son, we are happy to get in and help our fellow citizens. >> colonel, thank you very much for being with us. thank you for everything you and your folks are doing. appreciate your time.

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it's the first time in three decades the justice department has brought this seditious conspiracy charge. they have charged a total of 10 for conspireing to divert the lawful power, including stewart rhodes who founded the militia. and the doj is saying rhodes and co spear tors began planning soon after donald trump lost the election to use violence and intimidation and threats to try to change the result. they came to january 6th to try to intimidate congress. the doj says two separate formations of oath keepers entered the capitol and they had stashed weapons in hotels in virginia in what they called the quick reaction force in case things went south. these are not the most violent allegedly of january 6th defendants. in fact, only one is charged with assaulting a law enforcement officer. but what the justice department says is the most far reaching

conspiracy in terms of planning to try to overturn the election. the oath keepers defense is a rather novel one. they were saying they were a lawful militia ready to be called up by president trump. we will see how that plays out in court. the midterm elections are 36 days away. we'll take a closer look at what where latino voters stand and what they want to hear from candidates ahead. you're watching "jose diaz-balart reports". -balarret " what will you do? ♪ what will you change? ♪ will you make something better? ♪ will you create something entirely new? ♪ our dell technologies advisors provide you with the tools and expertise you need to do incredible things. because we believe there's an innovator in all of us.

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focus to the issues instead of sticking with one political party. >> when you go to vote in november, are you going to be a doubtful voter? >> i am a doubtful voter now. >> as i got older and smarter i said, hey, this guy doesn't work for me. that's now backed up by a new survey of latino voters showing support for a republican-controlled congress jumped five points in just the past two years. >> we're not just going to blindly vote in one particular direction. we're going to vote in the direction of folks who are going to be paying attention to the issues that are important to us. >> marissa lives in phoenix, arizona. >> how is it that you feel as a voter here? >> taken advantage of. >> it's a state that had been reliably republican but has now

turned into a swing state n. 2020, it went for president biden. marissa voted democrat back then but now says she's not so sure. >> i feel like the democratic national party looks at my demographics and assumes i'm going to vote for latina woman,o be the party's bread and butter. >> our poll found the top issues for latinos was the cost of living. >> we see prices are through the roof. we want to know what people are going to do to help put that burden down. >> in conservative stronghold states like texas, signs of a political shift among latino voters with more now leaning republican. >> and now people living from el paso. >> you were a democrat. you are now a republican. why? >> because the fact that the democratic party has changed a

lot and i identify more with the republican party. >> what things? >> we're gore god, family, country, hard work. >> he is most concerned with beefing up border security. >> what are the concerns you have about immigration? >> the fact of the matter is we don't feel safe anymore. >> many view the immigration issue differently. danny lives in san diego. he saw his mother deported. it made a huge impact on your life. that do you take from those experiences in. >> injustice. >> he now volunteers for the democratic party partly because he believes they have more humane immigration policies. in san diego, democrats are gaining ground with voters across the board. but danny believes they have more work to do. >> i think they failed in a lot

of areas. but at this time i think we can do better. and i think it's our responsibility to continue to participate in democratic politics. and with us now to take a closer look at this telemundo news anchor julio and the university of arkansas and msnbc contributor. the msnbc telemundo poll found the main issues for latino voters is cost of living, threats to democracy, jobs and the economy, and the situation at the border as well. what do voters want to hear when it comes to these issues? >> thank you, jose. thanks for having me. latinos come from two very hard years of a pandemic that hit this community very, very strongly. now they are facing this inflation. they're facing economic troubles. most of them say they are falling behind when it comes to the personal finances.

and also they are unhappy about the quality of their jobs right now. so what they want to hear is a better policy that speaks to them that helps them go and meet their needs. basically what they are saying, through this, the economic situation is as they would wish it would be. and basically that's the main issue that's concerning latinos right now. >> vicky, democrats are putting a strong focus on abortion in the wake of last summer's supreme court decision overturning roe v. wade. is this a strategy that could be helpful for the latino vote? >> among some segments of the latino population, it could be. as we saw in your package, jose, the latino population is very diverse. but, you know, i do want to echo

on what julio said in that the impact of the economy is weighing on latinos so, so heavily. i mean, we were all hit during the pandemic. and then the inflation came after. thinking back a little, remember latinos were the hardest hit from the great recession in 2008. latinos really didn't recover until 2016, 2017. and then, bam, the pandemic and inflation. so latinos have been in a very tight economic space for well over a decade. so i think this is something that has to contextualize everything. will it mobilize certain segments of the population? yes, it will. but not broad stop. we see conservatism, more traditional moralism, those rural areas in particular.

south texas we have been focusing on. it's not going to be perhaps as impactful for the white, democratic leaning demographic. >> while democrats control congress and by quite a margin, the percentage of latino voters has fallen the past few cycles, from the 60s to the mid-50s. what is driving this shift, julio? >> it has to deal with a factors, jose. one of them, as we were saying, unhappiness for those who have been going through very tough times and not seeing their situation getting any better the past few years. another factor has to do with conservativism, as victoria was saying. she was saying the area, the region where latinos live make this vary from state to state.

so what we see in california is very different to what we see in texas and florida, which is also interesting. because if we go a little deeper, we see that latinos urban areas sympathize more with the democratic party and in rural areas, they are much more conservative which is very similar to what we see in the general electorate. >> yeah, and i got to tell you, i've been saying this for the longest time, there is no latino vote. there are just latino voters. and as you've been saying, it depends on what part of the country they live in, their background. there's so many different things that make them decide who to support in the political world. can i just say that i was -- and victoria i think will agree on this. what a personal point of pride to see you on "meet the press"

yesterday bringing so eloquent, bringing the information as he does to the spanish language community with such class and distinction and intelligence. it was great to see you doing that. and, victoria, what's the conversation that we have to continue having? there's a lot at stake here coming up in november. thank you for being with us this morning. up next, the high stakes runoff in brazil's presidential election. we'll get a live report from rio. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc.

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54 after the hour. time now to take a look at what's making headlines beyond our borders. a major hurricane has just made landfall along mexico's southwest coast. hurricane arlene packing winds of 85 miles per hour. it's expected to bring heavy rainfall and a dangerous storm surge. officials in indonesia are setting up a team to investigate the soccer stadium stampede that killed 125 people. it happened after police fired tear gas into rioting fans. 125 people. officials say they expect to identify within days the police officers who were suspected of firing the tear gas. saturday's tragedy now one of

the world's deadliest stadium disasters. at least 300,000 people still have no power in cuba right now almost a week after hurricane ian slammed into the island. protestors have been hitting the streets in havana and other cities across the island. if you can hear them, they're saying the people united will never be defeated. freedom is what they're asking for. ian knocked power out to the entire island when it slammed into cuba as a cat one earlier this week. now to brazil where the country's most important elections in decades is heading for a runoff. brazil's electorate authority says leftist former president luiz inacio lula da silva received just over 48% of the vote while current president jair bolsonaro got a better than expected 43%.

since neither won 50% plus one, they will advance to a second-round vote on the 30th of this month. with us now on the phone to take a closer look at this is npr international correspondent who is based in rio. thank you for being with us this morning. the opinion polls all got it wrong. they said that lula da silva was going to waltz into the 50%-plus. >> they got it right and the right in brazil came out in big numbers. the pollsters were just -- they just didn't get it right at all. they got right for the vote for -- number for da silva, but they had a hard time gauging right-wing voters in brazil who came out for bolsonaro. some are saying that maybe people switched at the last minute or wouldn't admit to pollsters that they were going to bolsonaro. >> now the election did already

have some results for the senate and for the house there and for the parliament. >> sure, bolsonaro did well in congress and he did well in states that are very surprising such as sao paulo and rio de janeiro and his party will have many of the governorships. he's a brash far-right leader. under his tenure, destruction of the amazon rainforest has skyrocketed. but his people love him, they came out for him. i was talking to a voter for him and she said we brazilians love bolsonaro as much as americans love trump. and trump is an ally of bolsonaro. he says the media lies and pollsters were wrong and last night he got to say he was right about the polls. >> what can we expect for this

second round? >> it's going to be tense and intense the next four weeks until the october 30th runoff. brazil is very polarized right now. these two men have outlined very distinct plans for the country. generally the poor went for da silva and the more welloff go for bolsonaro. they appreciate his family values and antiabortion message. >> thank you very much for being with us from rio de janeiro. appreciate it. that wraps up this hour for me. i'm jose diaz-balart. you can reach me on twitter, instagram at jdbalart. thank you for the privilege of your time. yasmin vossoughian picks up with more news right now. good morning to you. i'm yasmin vossoughian.

all eyes right now on florida and what is turning out to be fema's largest ever search-and-rescue effort. the chief saying the u.s. response was likely to be, quote, unprecedented. right now, more than 600,000 folks, they don't have power. about half of the hardest hit in lee county, a majority of the deaths are from this storm in that county as well. the number of lives lost is approaching triple digits. so far florida's governor saying more than one thousand rescues have been made. this is what the mayor of devastated port meyers beach -- fort myers, i should say, said earlier on "today." >> we have a few more days of that and then we can start allowing residents hopefully to return to the island and start sifting through their messes. >> so the president is set to get a firsthand look at the devastation on wednesday. first, though, he's touring the damage today in puerto rico from hurricane fiona last month. thousands are