any minute now, we are watching for president biden set to speak in puerto rico, you can see it on the left-hand side of the screen, he will step up to the microphones and make remarks two weeks after hurricane fiona knocked out power to the whole island.

we will bring you that speech live. and in florida, grim new details about how many people were killed by a different hurricane, ian of course. and the new number just coming in. some officials now responding to criticism about their initial response to ian. we've got our team standing by live on the ground. also this hour, we're live in district court in dc with opening statements happening now, in the conspiracy trial of leaders for the oath keepers. why the defense is hanging its case on something former president trump didn't do, and what prosecutors are saying today about what the defendants said were not enough weapons. we will talk about it coming up. and october, not spooked yet. rare good news lately from the market. the dow up 800 points. we will talk about what is behind the rally on wall street later in the show. i'm hallie jackson on assignment for a story you will see later on in the month. joining me is gabe guiterrez in san germane puerto rico and shaq

brewster and erin mclaughlin in florida. and apologies for interruptions if we see president biden speak in puerto rico. let's talk about the progress or lack there of for rebuilding in puerto rico. >> as we await president biden's remarks, let me show you the situation here, at least some parts of southwestern puerto rico, this is san germane, about an hour drive west of where the president landed a short time ago. the good news is throughout the island, luma energy says about 93% of customers have had electricity restored but as you can see, there is still a lot of damage here, and some of the more rural communities are still dealing with power outages. this is a washed-out road. part of road just collapsed here. a wall of water that came crashing through here. and one resident we spoke with a short time ago said she was trapped in her house for at least a day and is still desperate, has no power, and her

insulin has been damaged, she has been on the phone, on hold with fema for hours, and she is incredibly frustrated. and she says it as a lack of a federal response. however, president biden is here on the ground in puerto rico today, a senior white house official says he will announce $60 million in funding to better protect the island against future storms. and some of the residents we have spoken with say that they wonder whether that will make that much of a difference. and they want more done now. we spent the morning with luma yesterday, the private company that took over power transmission last year, and has gotten a lot of criticism from residents on the island who say that their power bills have gone up, they say that power outages are now rampant, and they are not satisfied with the speed that the power has been restored after hurricane fiona. however, the energy company did tell us that from their point of view they have managed to restore power to 93% of the island.

still, some of these communities in these hardest-hit areas in southwestern puerto rico are still devastated, and they are glad to see the president here on the ground, touring some of the devastation and expected to go to a community event to pack some supplies for some of these hard-hit regions and also speak with local officials about the emergency response and get a briefing. >> we talked about folks in puerto rico, gabe, happy to see the president, we are watching the president live as we speak, the governor now, as the camera pulls back a bit introducing him. we will get to his speech in a second as he begins to make those remarks, this is all happening, liz, as we turn now to florida, as you're in the mainland florida, and you have been talking to folks on the ground in fort myers with new questions about the initial storm response with the fema administrator telling those on the way to puerto rico, who w.h.o. asked about this, that evacuations are a -- who asked about this, that evacuations are a state and local designate and the resources are there in the

aftermath. >> that's right. and the lee county sheriff has been getting a lot of criticism specifically for this area we're in right now, most of the casualties occurred here, and the question is, why the delay in those evacuation orders, and according to emergency planning documents here, time is of the essence, is the strategy, because there's a large population, and very few ways in and out. you can see this video in recent days of the bridge just collapsed, the only way in and out to some of those barrier islands, but they stand by that decision, that planning that the storm was unpredictable and they did everything humanly possible to prevent the casualties, as recovery and search continues. and you can see behind me, the building here, if it widens, the shear destruction and the amount of cleanup. they are moving boats. it looks like a ship grave yard. more than a football field away,

in the trees, in the mangroves, and pulling a boat right here, about a football field away from the water. we actually spoke with a ship captain who was here, who actually rode out the storm on that boat. and it was such a harrowing account, he broke down, just remembering for the first time, taking a second to pause and reflect on that fearing of his life and the lives of the other people on the boat as the storm surge went above the power line here, to make it land so far away, and we're not talking about a small vessel, 62 tons, so the amount of, you know, power it will take to move that, and there's all sorts of boats here, and that's just one stretch. and there's even going to be a delay in restoring power, because they're all blocking the power lines. so it is just going to be a long road to recovery. certainly more than 600,000 still without power here in florida. >> liz, thank you.

let me turn to you, shaq. and talk about the rescue and the recovery and the relief efforts. we are waiting to see president biden in puerto rico, we know the white house has said he will visit florida at some point, and obviously once things get a little further along in the process of recovery. >> that's exactly right, when you go around the fort myers area, the fort myers beach area, you can see so much destruction and devastation but when you listen to officials, their focus is still on the rescue and recover y, the search and rescue process. so that's why they shut down the entire beach area, to civilians, and right now, they're going house to house, going inside each house, and if people are still inside, seeing if there are any emergencies that are happening, if they need supplies, that need to be brought in, or if those people need to leave the island or leave some of those barrier islands, that's what you're hearing from fema, and that's why you have so much personnel and so many personnel and so many resources here in this area, and you can hear about this historic mission that they have, from 1300 members from

fema here on the ground, 17 urban search and rescue teams here, dozens of dogs, going and trying to recover those who were lost in that storm, and that is the priority for them right now, just not for the fort myers area, but the entire barrier islands region. and then there is the support that is coming from the outside, from private organizations, like this woman i spo search and rec after katrina, after hurricane ike, and she said there's something different she noticed about her interactions with people here myers. i want you to listen to what she told me. >> they're smiling. even though they're hurting, you know. and you know they're hurting. if you've been through it, you know the hurt. and a smile can take forever. the pain, you know. the jitters from their bodies, you know. body language speaks. >> body language speaks. and there's so much pain here, so much work that needs to be

done in this area, you know, there are some signs of hope, some glimmers of hope, on the horizon, we're hearing from officials that sunday is the target date to restore power, to most of the people in this area, and sort of buildings that can withstand power and can accept power, we also hear that sunday is the date, the target date for the restoration of power, and water services, so there's some glimmers of hope on the horizon, there's some progress happening, but still so much work that needs to be done here, hallie. >> shaq brewster, thank you. there is so much work. and gabe you know with the people on the ground in puerto rico, they know that, and you have reported from the island so many times and what it has been like with the aftermath of hurricane maria of course years ago and now this. talk to me about the mood on the ground and what you've seen change and what you have not seen change. >> yes, hurricane maria is about five years ago. and here we are, yet again, an island that has been ravaged by yet another hurricane, and is

still dealing with the power issues. and now fiona was not maria, this disaster was not on the scale of hurricane maria, because, look, we are at 93% power restoration, two weeks after the storm, and keeping it in context, hurricane maria, there were residents here that did not have power for months, and some even perhaps more than a year. but it still brings up so many frustrating questions about how this island moves forward from here, and what is going to be the cost for the u.s. mainland to repair the power grid here. and one point i want to make, i heard shaq talk about all of the resources that were sent to florida, just a short time ago, you know, obviously, hurricane ian is so devastating, the loss of life and the massive scale of destruction, it is so heart breaking. we hear puerto ricans on the island saying this is an island of 3.5 american citizens and it is so -- 3.5 american citizens and it is so difficult to get resources here on the island from a logistical standpoint and

being able to get power crews here, there were several hundred here for hurricane fiona and tens of thousands on stand by for florida. so still a lot of frustration here, hallie, as puerto ricans wait to hear more from the president, we're expecting to hear from him in a short time here in southern puerto rico. >> probably about 30 seconds or so. gabe guiterrez, thank you very much. it's good to see you. we will check back in with you after the president's remarks wrap up. we expect them to be roughly 20 minutes. you can see he is getting introduced now. i want to go to josh lederman with us now at the white house. this is a moment for the president to be sort of the empathizer in chief if you will, the white house, the president, one of the things that is talked about is his ability to be compassionate in these tough moments. >> that's right, and also a moment where i think the president is trying to make really clear that puerto rico has not been forgotten. not only because of the fact that the focus in many of the days since hurricane fiona has moved on, to hurricane ian, but

also because puerto rico was still struggling to come back from previous weather incidents. as we've heard a consistent message from the past few days, from president biden, that more has to be done, specifically for the island of puerto rico that has been done in the past. as he was making his way to puerto rico this morning, he essentially said that puerto rico had been let down so far, and that more has to be done. so we expect that when the president speaks very shortly, he will talk about this additional $60 million that is going to be directed from the bipartisan infrastructure act, to resiliency efforts in the state of puerto rico, but also to talk about the longer term broader needs that there are going to be there, and the way that the federal government can try to step up to help puerto rico even as he still has his focus both on puerto rico and also florida where he will be going on wednesday. but today, the focus from the

president much on this idea of resiliency, trying to strengthen the ability of puerto rico to deal, to have its flood walls as well as its levee system to be really strong as he tries to find additional ways to help. >> we have been showing, josh, while you've been speaking the video from fort myers, florida, after hurricane ian of course, the rescue and recovery efforts there. do we know anything more as president biden gets ready to speak in puerto rico about when he may visit florida or not yet? >> the president plans to go to florida on wednesday, where he will have a chance not only to meet with the local officials who have been leading the response there, but also to meet with families who have been affected by the damage there, and to be able to speak to people about the ways that fema and the federal government have really stepped up with more than 3400 federal officials who are on the ground there trying to

assist in that response in the recovery there. >> one of the things that is so striking, shaq, how extraordinary some of these rescues are that have been happening now for the last 72 hours. shaq brewster, if you're still with us. we may not have shaq. let me go to liz mclaughlin, we are looking at the rescues from the past several days of san bell, florida, we will keep an eye on what is happening there, but we will take us back now to puerto rico and talking about how president biden is set to deliver remarks from the island, here he is, let's listen in. >> jill and i, and thank you very much for that lovely introduction. jill and i are, we're anxious to be here. we, i come from a little state, a little state of delaware, and it's not like the congresswoman from new york, she is from a big state. but we have a very relative term

large puerto rican population in delaware relative to our population, we have the eighth largest black population in the country and between all minorities we have 20% of our state is minority. and so i was sort of raised in the pores reek -- puerto rican community at home politically. and we came here for a long time both for business and pleasure, since you're part of the third circuit court of appeals and delaware as well, and our chairman of the judiciary committee, i spent a lot of time in the northern part of the state. but look, it's people like you, who do so much for your community. and who make such a big difference as puerto rico rebuilds. thank you, governor, for your partnership, as we work together to help rebuild puerto rico. and i mean we build it all. and rebuild it in a resilient way. so when storms come again, which they will, they are not having

the damage that was caused before. and i want to thank the members of congress, the local officials, the community leaders who have joined us today, ever since the hurricane struck, jill and i have had people in puerto rico on our minds and in our prayers. we came here in person to show that we're with you. all of america is with you. as you receive and recover and rebuild. i'm confident to, i'm confident we will be able to do all you want, governor and i'm committed to this island. puerto rico has been through so much in recent years. hurricane maria, five years ago, 6.4 magnitude earthquake, two years ago, folks left outside for days, worried about their homes would collapse on them if they went in. and then covid-19. and then fiona. and yes, puerto rico is a strong place. and puerto ricans are a strong people. but even so, we have had to, you have had to bear so much, and

more than need be and you haven't gotten the help in a timely way. in this latest storm, it dealt a serious blow to all, all of the hard work, the work that has been done since mariea. roads and bridges built after maria washed away again. families who spent their savings to build new homes after losing their last ones have seen them flooded away. crops decimated. farms destroyed. here in ponce, and communities nearby, they have been hit the hardest. and in days, for days, people, without power, without water, some still, with no idea when to be back again. for everyone, surviving maria, fiona must have been an all too familiar nightmare. you know better than anyone that over time, these losses add up. and so puerto ricans have lost loved ones in this storm and in the perilous disasters. and the number can feel abstract

sometimes when you hear a number but every number is a person. every life lived. we read the obituaries and remembrances and they all feel like people we knew. doting grandparents. devoted parents. christian children. long term neighbors. people who cared about their community and made a difference. they will not be forgotten. and then through these disasters, so many people have been displaced from their homes, lost their jobs, and savings, and suffered injuries, and often unseen, but more than many times seen. yet somehow, the people of puerto rico keep getting back up with resilience and determination. quite frankly, it's pretty extraordinary. when you look at it from afar. and you deserve every bit of help your country can give you. that's what i'm determined to do and that's what i promise you. after maria, congress approved billions of dollars for puerto rico. much of it not having gotten here initially.

we're going to make sure you get every single dollar promised. and i'm determined to help puerto rico build faster than in the past and stronger and better prepared for the future. that's why i approve the emergency declaration of puerto rico before the hurricane, and governor, i call on you, before the hurricane made landfall, to deliver immediate federal funding to shelter people and provide a sense of support. just a few days later, i approved the next major disaster declaration, that means the federal cost will cover 100% of the costs to clear the debris and carry out search and rescue and continue to shelter people. now, it also means homeowners, renters, business owners are eligible to apply for federal help and recover damage, losses, caused by hurricane fiona. the federal government has been providing assistance for essential home replay and lost property, as the law calls for. like a car or a refrigerate. and additionally, we've deployed

more than 1,200 personnel from fema, and the army corps of engineers shall the u.s. coast guard, the department of energy, the environmental protection agency, they include search and rescue, teams to assist survivors, and power restoration experts. power is now back, as you pointed out, governor, in 90%, 92% of the island. and water is back to 95% of the island. thanks in part to the dedicated ibew workers and support staff and we now have to get to 100%. here at this facility, you can see some of the generators from fema and the army corps of engineerings that were transported into places that still don't have power. here, here they're loaded on trucks and brought to locations in the hospitals and shelters, and paired with fuel trucks, so the generators can be gassed up on-site. my administration is also providing financial assistance to help families and individuals right away. many families are scrambling to pay their bills, right now, to fill up their gas tank.

to put food on the table. they can register at fema cash assistance for $700 to help cover the essentials, for just a little while. so far, nearly 200,000 households across puerto rico have received this cash assistance. $700 won't replace what you lost, not even close, but it can help take care of some of the little basics while you catch your breath and get back on your feet. fema has made crisis counselors available, when you're, whether you're a survivor or first responder, and if you need help, or just someone to talk to, people are here for you, and the hot line number is 800-800-981-0023. i'll say it again. 800-981-0023. don't be embarrassed to call. whether you're spanish or english speaking, counselors will be standing by to help you. >> at times like these, americans come together and i'm

grateful for the personnel of fema and other agencies for their hard work these past few weeks. many of our fema staff as we appointed are, are puerto rican, they have been working 24/7, to get the help to people across the island. while also scrambling to help their own families and neighbors. i want to recognize the local first responders including puerto rican national guard, who have been working round the clock. i mean it, literally. around the lock. they have been through a lot in the past five years. i want to applaud the red cross volunteers to came from as far away as california, louisiana, minnesota, texas, to help however they can. and new york sent not only a congresswoman, but the state troopers and the emergency sponsors. i don't think you will be staying the whole time, right? at any rate, new jersey sent management teams trained for hurricane responses. these states are home to two of the largest pores reeken

populations in the united states, new york and new jersey and their sisters and brothers in puerto rico needed them and they answered the call. most of all, i want to recognize the heroism andselflessness of so many people across puerto rico. the main story that has been reported is the storm. but there's another story. what ordinary people did when the storm hit. literally, the day after the hurricane, the day after, searches and, churches and community organizations opened a network of kitchens across the island to cook hot food for anyone who needed it. folks delivered food to the elderly who were house-bound. they started their generators, and share generators with neighbors who had medicine that needed to be refrigerated. they organized activities for kids to give their exhausted parents a break. they arranged canvasses to bring food and water and other supplies and commodities into the communities cut short as a consequence of landslide and flooding that couldn't be

reached. and during the storm, when the waters were rising, people went to extraordinary lengths to help each other. to help each other survive. we've seen people using a raft and a boat tied to a rope, to brave the raging waters and rescue neighbors trapped in their home. you know, they aren't paratroopers and search and rescue professionals, they're neighbors and they were doing whatever they could do when a neighbor was in trouble. and thanks to them, all people of puerto rico, the recovery is under way. and i'm encouraged by those that held up, the supply chain held steady and the debris is beginning to be cleared on roads across the island and we will continue. still, we have to do more. we have to ensure that when the next hurricane strikes puerto rico is ready. today i'm announcing more than $60 million in funding to help

coastal areas in puerto rico become better prepared for the storm. for example, we can create a flood warning system to help shore up levees and flood wall. in addition there is nearly 700 million infrastructure investments in puerto rico that have been already announced since the signed the bipartisan section of law last november. for example, we awarded $90 million to upgrade pr-2 highway and we announced $163 million to begin construction on the canal and restore -- help me with the pronunciation. that entire ecosystem. and we will clean up the polluted waters and restore irrigation. mangrove habitats. and bring back marine life. you will see investments like these increasing significantly in the months ahead. we're investing in puerto rico's roads, bridges, public transit,

ports, airports, water safety and high speed internet. we're nowing that the climate crisis and more extreme weather will continue to hit this island. and hit the united states overall. and as we rebuild, we have to ensure that we rebuild to last. and particularly focused on the power grid. this year, to date, puerto rico has received 4 million to help make the power grid more resilient. that number is going to go up. as we convey to the government, i'm ready to deploy the expedited resources from the department of energy and other federal agencies, not just -- i don't usually talk this fast. it looks like it is moving quickly. to help transform the entire system, so puerto rico, the puerto rican people can get clean, reliable, affordable power they need and the power stays in homes and hospitals when storms like fiona strike. that includes mini grids, and continuing to employ soon, and less dependent on transmission lines across long distances and

more redundancy when storms hit. and more power for puerto rican households. additionally i have asked the secretary of energy, jennifer granholm with an effort across the federal government and put in place the puerto rican grid recovery modernization team to bring to bear all of the federal resources and technical assistance and additional support for puerto rico. and we'll help, we'll help, as you work to repair your grid quickly, and drive decisive progress on the plan for clean energy transformation. you know, i also know many people in puerto rico have many family, friends, and friends in florida. and your hearts are with them right now. and their hearts are with you. jill and i will be in florida on wednesday. as i made clear, times like these, our nation comes together, to put aside our differences, our political differences, and get to work.

we show up when we need to. because if we lost our home, if we lost a loved one, we would hope that people would show up for us as well. i want the people of puerto rico to know i'm committed to my entire administration, is committed to stand with you every step of the way as long as it takes and the white house reception, with the hispanic history month, and the chaplain, lifts in prayer all of those suffering through the hurricane including puerto rico. here is what he said. give us generous hearts and we continue to use our gifts to support all of the people of puerto rico, and the people of puerto rico have generous hearts and that's what they give in turn generosity, and that's the generous hearts that the rest of the country will make sure we continue to provide. but i want to say it again. we are not leaving here, as long as i'm president, i mean this

sincerely, every single thing we can do is done. and god bless you all, and for all that you are hurts, and may god protect our troops, and all of those brave souls and innocent lives, to help others survive this tragedy. and i usually don't quite talk this fast but it looks like i'm done. thank you very much. and now i'll bring up -- i was up in new york, with the mayor, the governor, and what they wanted to talk to me about, you wanted to talk to me about puerto rico. we sat there. >> yes. >> and so it is one of the best congress, one of the best congress women, congress persons in the entire congress, and she is -- >> were you born here? >> yes, i was born here. my family, my entire family is here. >> is here? >> yes. >> nine brothers and sisters.

>> yes. >> well god bless you. i'll tell you what. my mother used to think, we only had four, she would say, no purgatory for moms. >> thank you. >> take care. >> thank you for being here. >> thank you. >> we love you. >> thanks, everybody. we're going to get this done. we really are. moving quickly. thanks, everybody. i really mean. it thank you very much. >> and you heard president biden there delivering remarks in puerto rico, telling puerto ricans that we are with you, he said, acknowledges that the island has not gotten help in a timely way given the many natural disasters that have struck over the last several years including of course hurricane maria now five years ago, the president did what we expected him to do and announce that $60 million in additional federal funding that is going toward helping puerto ricans, asked today about whether that is enough or simply a drop in

the bucket, the head of fema pointed out there are multiple streams of funding headed to fema to help them rebuild. we want to bring in gabe guiterrez who is live for us in puerto rico and interesting that the president acknowledged the climate crisis connection, and acknowledged the reality that there will be more hurricanes to come. listen in. >> yes, that's exactly right, hallie. the president making that point. really highlighting the climate crisis. and that is one of the most -- the ones that loom the largest, right, as we move forward, and as this island recovers, how do you rebuild this power grid in a sustainable fashion? and it will be no doubt very expensive. the focus will need to be on renewable energy. the biden administration obviously argues that. but something else that struck me, this was a president that as he has done before, really tried to hit the role of consoler in chief, and certainly after his predecessor, who came here following hurricane maria, had a

contentious relationship with local officials and of course, the enduring image of former president trump's visit to the island following hurricane maria was the throwing of paper towels in port reek co and many puerto ricans i have spoken with have not forgotten that and they continue to resent the federal government and its response following hurricane maria. some of those that we have spoken with today are also skeptical of the federal government, that the federal government will really send enough resources following hurricane fiona. president biden and the first lady here, trying to convince them otherwise, announcing that $60 million in funding and actually mentioning, hallie, will it be enough, the fema administrator says there are multiple streams of funding coming here, but something i should point out, only a fraction of the money that was actually set aside to rebuild puerto rico following hurricane maria actually made it into the actual practice. only a small fraction.

and i asked the governor about that several weeks ago after hurricane fiona and he made the point that it does take time for these projects to go through the pipeline. the residents we've been speaking with right now, they want to see action more quickly. and they are just incredibly frustrated that hurricane after hurricane has not been able to figure out how to restore power quickly and efficiently here on this island. the energy company now saying that they managed to restore 93% of the power to its customers here. but for those other 7%, and in these communities that still don't have power, they just want even more from the federal government, and even a stronger response. they are american citizens, they say. and they deserve it. hallie? >> gabe guiterrez live in puerto rico, thank you. appreciate it. we will take a quick break. coming up, the supreme court kicking off a brand new term with a brand new justice. we will talk about the first oral argument ketanji brown jackson is hearing today. plus the bombshell new report that just dropped late this afternoon, laying out

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the supreme court back to work today with a new term, a new justice, and a very busy calendar. judge ketanji brown jackson, the first black woman to serve on the court, hearing oral arguments the first time in a regulations case. keep in mind this is a 6-3 conservative majority on the bench and not likely she will end up a key vote in many cases but as the new term kicks off, the court is expected to decide big and con conventional cases, whether or not colleges can consider race in the admissions process, voting decisions and redistricting which may have a big impact on future elections, lbgtq plus rights, revive can the issue of whether or not businesses can claim religious objections to refuse service to people, all of it, as the court is facing the thought of how it ended its last term by overturning roe v. wade. and that has led to more people questioning the court's legitimacy. according to recent polls. i want to bring in nbc's kelly

o'donnell. >> one of the things the court has decided, that justice jackson might have understandably wanted to take in the moment and listen to the argument and was instead engaged from the very beginning and by that, i mean the justices have an opportunity to ask questions of the laws arguing the kay, the people bringing the case for the government, and she was very much engaged in that, asking questions, showing her knowledge of case, and some of the other justices referenced some of the points that she made in their own comments from the bench. which to me suggested that there is some rapport already among the nine sitting together, in this new configuration of the supreme court. and this is certainly a start of a new term and there is opportunity for the court to deal with, through the work of the court, these critical

issues, and maybe to some extent on the outside of the court being very mindful how they are perceived. before the work of the court began, we saw how the chief justice was speaking in terms of his public appearances about his concerns about how how the publ views the court and wanting people to believe in the institution, and just kagan talking about the fact that she's concerned that by overturning precedent with this conservative super majority, that that could shake people's foundation and belief in the court. so, they have a lot of work to do, and the super majority of six conservatives, three on the liberal side, means in the choices of the cases they're taking and in the strength of that conservative bloc, they are likely to continue to move the court to the right on these issues, the kinds of things that you brought up, whether it is race use for admissions in college entry, for affirmative action, or matters dealing with how voting is administered around the country, all those

critical things that are very much a part of daily american life, and we certainly saw that with the matter of roe vs. wade. people who don't think the court might have a big impact on their life can suddenly be surprised by how much it affects their life. so, the court is under way on a very rainy day here in washington, and tomorrow, they'll be back dealing with a voting rights case, and that will be very high interest. >> i bet you will have your umbrella again then as well. kelly o'donnell, thank you. appreciate it. right now, where kelly is in washington, a jury is hearing from the first witness in the biggest january 6th trial yet. five members of the oath keepers facing seditious conspiracy charges for what they did leading up to the riot. these are the most serious allegations from the justice department in a january 6th case so far. because of those seditious conspiracy charges, all five have pleaded not guilty and today, during opening statements, we heard a new piece of evidence from prosecutors against the oath keepers, including audio from just days

after the attack. the group's founder said he is only regret is that they didn't bring guns to the capitol. with us, msnbc legal analyst carol lam. ryan, we heard that audio and opening statements. the first witness has been called. bring us up to speed on the case is government is making and the defensive strategy against this, because it was a fairly fiery opening statement from them as well. >> that's right. but i think that audio really did give the government a lot there, essentially, because eventually, basically, what stewart rhodes's case is being made is that he was doing this legally, that he said he was only going to do something if donald trump called upon them, and they were in place, they had the guns stashed across the river in virginia, ready to go in case donald trump invoked the insurrection act. it's a very bizarre legal theory but that's what they're saying was that this was, actually, legally speaking, stewart rhodes believed this was legal, was

only going to act upon orders from donald trump. but honestly that audio sort of shatters all that, because it indicates that stewart rhodes wished they had done something illegal, which would be bringing guns to the capitol and taking care of the problem right now. so, it sort of set it apart, regardless of whether or not donald trump called upon them, he was going to take action and that's essentially the government's argument. right now on the stand, you've got an fbi special agent who's testifying, who actually went and met up with senators the night of january 6th and there was apparently 70 fbi special agents accompanying about 85 senators from that secret location. they escorted them all. that's something we haven't seen video of. you had almost a one-to-one, man-to-man defense on january 6th. he said senators were crying. he actually saw senators crying that night in that secret location. they brought them back to the senate. he said that the senate at the time looked like a bomb had went off inside there because -- and if you took off your gas mask, you would be hit with pepper

spray, there were windows all over the place, so pretty compelling testimony about what exactly it was like to remind us about that horrible attack on january 6th, kelly. >> ryan, thank you. carol, let me turn to you. seditious conspiracy, as we talked about, the context of this, the most serious charge yet the prosecutors have brought. it's also not the easiest crime to prove. what is the standard of proof here? what do prosecutors need to do to convince a jury to convict? >> in a criminal trial, you have to prove every element of a charge beyond a reasonable doubt, and you have to get a unanimous jury verdict there, and so that is always the very high burden that the prosecution has. but in this case, the reason seditious conspiracy -- one of the reasons it's so challenging is because it's been so rarely used in the past. the last successful prosecution brought for seditious conspiracy was almost 30 years ago. there's a failed attempt to bring that charge and convict

the defendants about ten years ago. but the real twist here, the really unprecedented thing -- and we hear that word a lot -- but the really difficult thing is that there has not been a case before where the president -- the sitting president -- where the defense has been that the sitting president has asked them to do this or it was done at his urging. and that sets up a question, were they trying to defend the government or overthrow the government? so, we're going to have to see how that plays out. >> how potentially damning, carol, in your professional assessment, is that audio that prosecutors revealed in their opening statement? the regret that one of the oath keepers had about not bringing guns to the capitol on the 6th. >> that's very damaging, because, of course, it shows that he had a different intent than what he is now saying his intent was, and so there's nothing really worse for a defendant than having himself on tape, saying something different before that, and the fact that he -- there was a communication,

which i think was also shown in opening statement, where he was saying, well, let's talk about, you know, from now on, let's talk about the fact that we are -- we were showing up in case the president invoked the insurrection act. that's going to be our cover story. so, it's sort of a self-defeating kind of communication, and this kind of evidence, you can't really change it once it's done, and i think the jurors are going to see those communications over and over again in this trial. >> carol lam, thank you. we're going to stay on top of that trial as we expect more developments in the days to come. but here in the u.s., we've seen this highly anticipated investigative report just out this afternoon. detailing years of systemic abuse in women's professional soccer. finding sexual misconduct, verbal abuse, emotional abuse by coaches and that leaders of the league and the u.s. soccer federation repeatedly ignored players. they didn't do anything, the report says. they failed to act on these

allegations for years. including claims of, and i'm quoting here, relentless, degrading tirades, manipulation that was about power, not improving performance, and retaliation against those who had attempted to come forward. the new report by former acting attorney general sally yates. the u.s. soccer federation commissioned the investigation with their president saying, the fiendings are heartbreaking and deeply troubling, adding the abuse described is inexcusable and has no place on any playing field, training facility or workplace. the national women's soccer league responded, saying, we know we must learn from, and take responsibility for the painful lessons of the past in order to move the league to a better future. i want to bring in meg linehan, senior reporter for "the athletic." one of the things this report does is it highlights, specifically, three coaches, soccer coaches here and lays out some of the allegations against them, including, for example, that one coach brought, i

believe, a player over to look at allegedly game tape, ended up watching porn and that is one of the horrific details we're seeing. the women's national team players association said it should not have taken an independent investigation to bring light to these practices. tell us more about what struck you from what i think is fair to call a bombshell report that is out today. >> i think what really strikes me about this entire situation is it's more than one person, one player, one coach. who knew what and when. this is truly a systemic problem across women's soccer and the main takeaway is that it extends beyond the nwsl itself. it goes into roots with youth soccer. players are learning behavior that is normalized at the youth level and then bringing that assumption into the pro level where, you know, verbal abuse is common. so, it's not just limited to the nwsl. it's not just limited to women's soccer or women's sports. it's really endemic, and yes,

there are horrifying details about specific coaches or incidents, but it's so much larger than just one thing. >> and part of the systemic failure that the report describes, one of the many systemic failures, is this idea of silence, right? that there was this culture that people knew about that had been reported, and yet, there was no action taken. >> that, i think, is one of the most troubling things, and that was part of my original reporting. players felt they had to be silent in order for the league to survive. and they could not speak up, because if they spoke up, they were going to be the ones that killed the nwsl, so there's a big part of that, but also, players did try to speak up. we've seen it. kya, kristen, the list goes on. they had a report from the years 2015 to 2021 every single year about former head coach paul riley, and nothing happened. >> what was also striking, too, is the way that the report describes how some of these

coaches would take jobs with other teams, even with these allegations having been reported to the initial team, and instead of notifying the other team of the problems, it's like a congratulatory press release that goes out. so, part of the recommendations in this report says you got to have individual teams, report coaches' misconduct to the u.s. soccer federation and the national women's soccer league so this can't happen, this under-the-radar movement can't happen. what else do these recommendations entail, and do you think they have enough teeth? in other words, now we know how bad the problem is. how can it realistically be fixed? >> yeah, i think, well, we know, to some extent, how bad the problem is. there's still a whole second investigation that is in the works that's happening between the nwsl, the league itself, and the players association. we know about three coaches, three teams, kind of three points through history. there's still a lot more that we don't actually know and are probably going to be waiting for, but the challenge here is, sally yates can make recommendations.

u.s. soccer has a limitation in how much they can actually say this needs to get done. it ultimately falls to the nwsl in terms of both disciplinary action and then setting policies moving forward, so what i think we're really waiting to see is the full investigation from the league and the players association before that happens. >> meg linehan from the "athletic," thank you very much. with just about five weeks now until election day, a new nbc news telemundo poll shows republicans may be cutting into democrats' lead among a key and diverse group of voters. steve kornacki is live for us at the big board as we are now closing in the on the midterm election. help us understand what this poll shows and what democrats should take away from it. >> yeah, hallie, really interesting numbers because it gets at a big question that was raised by the 2020 election. we saw donald trump do much better with latino voters in 2020 than he had done in 2016, and we said, well, is that something that's going to continue into the future? so, we did here, nbc news and

telemundo, a poll of latino voters, some really good data here. take a look at it this way. first, joe biden's popularity among latino voters. he does have just barely here above 50% approval rating. 51-45. compare that to voters overall in our most recent nbc poll, it's a little better. biden's doing a little bit better with latino voters but not that much better, 51 versus 45 with voters overall. where it really starts to get interesting is on this issue, though, of the generic congressional ballot, when you ask folks, do you want the democrats or the republicans to be running congress here? among latino voters in this poll, we do show democrats ahead by 21 points, and you might look at that and say, it's a pretty good lead for democrats. well, here's the context for that 21 points. if you look at the 2020 election, biden versus trump, it was 21 points. in the 2020 election was the election where donald trump did much better with hispanic voters than anyone was expected, because he went back to 2016,

hillary clinton's margin with latinos was 38. came all the way down to 21 for biden in 2020, and look. it is still at 21. so, the margin we're finding in this poll right now is on the level with the margin that biden was kept to by donald trump in 2020. so, the question that was raised by 2020 was, would this continue? our poll suggests it may well be, and there could be big implications for that, obviously, when you start looking at, particularly, some key house races from south texas, california, some other places, some senate races in arizona, nevada. also, one thing that's emerging here among latino voters here, we see this among white voters and we're starting to see this among latino voters. a divide based on gender and educational attainment. latino voters who are -- do not have college degrees and are male only favor the democrats by 8 points. college-educated male latinos, democrats by 15. latina women without college

degrees, democrats by 28. you see the number get bigger and bigger as you go up the degree chain and go from men to women. we see a similar dynamic when you're looking at white voters too, so that now looks like when you're looking at the latino vote, one of the reasons, it's becoming more competitive politically. >> steve kornacki, thank you. it's good to see you as always. appreciate it. time now for a check on the markets. and typically, when we do that towards the end of the show, i know you think it's probably not good news. that is not the case today, because look at it. it is all green. the dow, up nearly 3%, 2.5%, up 766 points, just a couple of minutes now before the closing bell. that is a nice rally after a super tough september when the dow had its worst month since the pandemic hit in march 2020. nbc news business reporter brian cheung is all over this. >> a lot of people not used to seeing the color green,

especially after what we had in the last month of september, worst month since march 2020 for the dow jones. the big story remains what's happening overseas, some, i guess, consternation that we saw last week over the british government's proposal to slash back taxes on the highest earners. that got the british pound into a bit of a tail spin last week, a u turn from the government this morning. we saw that overseas in london. some of this could also be the calendar. of coursely, after an ugly september, you have some investors saying, maybe we overdid it a little bit, which explains some of the bounceback, not only is it october, it's also the last quarter of the year, you do tend to see rebalancing, so perhaps october, green october following a red september. we have seen that before. maybe that's the case this time as well, hallie. >> brian, thank you. good to see you. today, you've got the s.e.c. going after kim k. and its crypto crackdown.

the reality star and billionaire, kim kardashian, now has to pay more than a million dollars to settle charges over something she posted on instagram. federal regulators say she promoted this cryptocurrency without saying she was paid a quarter of a pllds to do so. the s.e.c. chair explaining the charges on our friends at cnbc's channel today. >> this is a highly speculative asset class, and so when a celebrity or influence is touting it, it's important that the public understands that relationship, and are they getting paid and how much they're getting paid. >> for kim kardashian said in a statement, he wanted to get this matter behind her to avoid a protracted dispute, adding the agreement she reached with the s.e.c. allows her to do that so she can move forward with her many different business pursuits. i want to bring in tom costello. one of the interesting things about these charges is how they fit into the bigger crackdown on

the crypto stuff. >> the s.e.c. is very concerned about the volatile nature of these cryptocurrencies and they have had a terrible year. people invested heavily into crypto, in many cased, they lost an awful lot of money. they were pushed and have been pushed by a lot of social media influencers, and kim kardashian has about 330 million on instagram alone. now, the s.e.c. rules state you can't just say #ad. that's what she did on her instagram post. #ad. you've got to disclose, i'm being paid by this particular influencer, and i'm being paid this much money, quarter million dollars. she did not do that. now, i will tell you, that's kind of the fine print, but even wall street veterans didn't realize you have to disclose how much you're being paid. and so as a result, she is not admitting any guilt, but she is paying the fine, in total, almost $1.3 million, not admitting wrongdoing, but also

barred now from involvement in promoting cryptocurrencies for another three years or so. by the way, she's not the only one over the years who's been caught up in this. >> talk about that. >> the s.e.c. has gone after some big names, steven seagal, boxer floyd mayweather. there are others who they say have been pushing cryptocurrencies, volatile, speculative cryptocurrencies, and did not close the fact that they were getting paid to do that. >> you're naming people who already have a lot of money. you named a couple, including kim kardashian, who's worth to something like $2 billion. a million dollars is a lot to most people. she's got a lot. this feels like a lot of this is not so much about the punishment for these really, really rich people who are doing this but about sending a message to people who don't quite have that wealth who are looking at some of this. >> bingo. this is a traffic fine for her. she's worth $1.8 billion. a million dollars, i mean, that's nothing to her. however, it is a shot across the bow and a warning to everybody

else out there, don't go thinking you can pump up these cryptocurrencies and maybe pump and dump, i'm not alleging that's what she did, but that you can pump up cryptocurrencies and not fully disclose, i am a paid endorser for this cryptocurrency. look no further than how much these cryptocurrencies have lost ground this year. in some cases,down 75% and more. so, the s.e.c. now, this is what's critically important. the s.e.c. is now saying, essentially, this cryptocurrency trade, they're going to treat it like a stock or a bond, and as a result, that's a security, we're going to apply securities laws and regulations to these particular cryptocurrencies, and that really changes the game about the laws that you have to follow not only if you are buying and selling, but if you're promoting as well. >> tom costello, live for us in washington. tom, thank you for that breakdown. we'll look for more of your reporting later today and tonight on nightly. thanks for watching this hour of msnbc. you can find us on twitter.

i'll see you back in d.c. tomorrow, but for now, "deadline white house" with nicole wallace starts right now. ♪♪ hi there, everyone, it's 4:00 in new york. as most of you know, we are reluctant here to cover the never-ending avalanche of ramblings of the twice-impeached ex-president. they are incoherent, riddled with lies, they fuel conspiracy theories. but the reason we cover a select number of these ramblings and smears and lies on this program is this. often, the targets of the ex-president's smears and verbal attacks become targets for real violence or worse. >> hang mike pence! hang mike pence!