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hello, everyone. i'm katy tur. good to be with you. we're going to department of justice where attorney general merrick garland is addressing bad actor, foreign meddling in this country. >> in china, alleged fugitives fled to foreign countries, including the united states. the prc has a history of targeting political dissidents and critics of the government who have sought relief and refer , refuge in other countries. the indictment alleges that the defendants working at the direction of the government of the prc engaged in a campaign of harassment, threats, surveillance, and intimidation, aimed at coercing the victim to return to china. we also allege that the defendants threatened and harassed the victim's family members, both in the u.s. and in china. the prc government forced the victim's nephew to travel from china to the united states to

convey the prc's threats to the victim's son. the defendants threatened the victim, saying that quote, coming back and turning theirself in is the only way out. they showed up at the home of the victim's son in new york. they filed frivolous lawsuits against the victim and his son and said it would be, quote, endless misery for the defendant and son to defend themselves. and they made clear that their harassment would not stop until the victim returned to china. as these cases demonstrate, the government of china sought to interfere with the rights and freedoms of individuals in the united states and to undermine our judicial system that protects those rights. they did not succeed. the justice department will not tolerate attempts by any foreign power to undermine the rule of law upon which our democracy is

based. we will continue to fiercely protect the rights guaranteed to everyone in our country and we will defend the integrity of our institutions. before i turn the podium over to deputy attorney general monaco, i want to recognize the fbi, the national security division, and the u.s. attorney's offices, for their extraordinary work on these cases. now, deputy attorney general monaco. >> good afternoon. and thank you, mr. attorney general. the department of justice will not tolerate threats from a foreign power to the rights of americans or to our nation's institutions. as the attorney general has laid out, the cases unsealed today take place against a backdrop of maligned activity from the people's republic of china that

includes espionage, harassment, obstruction of our justice system, and unceasing efforts to steal sensitive u.s. technology. in the words of our intelligence commune, china seeks to be a major power on the world stage, and to challenge the united states in multiple arenas. today's cases make clear the chinese agents will not hesitate to break the law and to violate international norms in the process. two of those cases in particular show the lengths they are willing to go in pursuit of unfair advantage. but the defendants charged today met their match in the agents, analysts and prosecutors of the department of justice. according to one indictment unsealed today, two intelligence officers attempted through bribery and espionage to

obstruct the federal criminal prosecution of a global telecommunications company -- >> that is the deputy attorney general speaking after attorney general merrick garland talking about foreign influence, china harassing and engaging in espionage, obstruction at the department of justice, trying to steal u.s. technology, quite a lot there. let's go to nbc news justice reporter ryan reilly to help us understand what they're talking about. ryan, what can you tell us? >> reporter: there is essentially three different efforts that the justice department is rolling out today. and you know, the questions were essentially, was this going to about election interference and it is not directly about election interference. it's more about these efforts to obstruct a justice department investigation into a technology company, some efforts to control political dissidents who were in the united states, essentially a lot of, essentially sending a warning shot i think across the bow of the chinese government to make sure that they know that

the justice department is looking out for this, they're looking out for any interference with political rights in america, and any interference in ongoing investigations in america. clearly, when you have a situation where you have the deputy attorney general, the attorney general of the united states and a lot of other officials up there at the podium for this type of press conference, it is something that they want to bring a lot of attention to, to make sure that it's clear so that the people's republic of china, to show that the justice department is on the case and investigating this sort of interference in american issues. >> interesting timing. xi jingping just secured another term there and it's going to be the longest-serving leader of that country in quite a long time. ryan reilly, thank you very much. and we are 15 days out now from the midterm election, and every new poll seems to be telling us more about what we do not know than what we do. take a look at the latest numbers. no party holds a clear advantage and both democrats and republicans can find good omens

in there. steve kornacki is here in a moment to lay them out. also, it is worthwhile to be reminded that there are big policy changes on the ballot this year. abortion, support for ukraine, money for climate change, cuts to social security. medicare, and medicaid. what to do with the border? investigate january 6th or investigate the investigators? then there is democracy itself. do we still believe in it as a country? and do we, as a country, even have the same dings for it anymore? -- the same definition for it anymore? a lot of report can and fascinating reaction from voters. joining us is steve kornacki, and msnbc political analyst and former aide to george w. bush, elise jordan, co-founder of punch bowl news and msnbc political contributor dick sherman and "new york times" political correspondent jonathan wiseman. steve, i want to get the numbers first. what do they tell us? >> let's take a look, the new

nbc national poll here, 15 days before the midterms. this is the generic ballot, asking folks do you want the democrats, the republicans to be in charge of congress? we see in the likely voter model, the republicans have the advantage. it is a slim advantage, 48, 47, a one-point margin. and take a dive deeper inside, asking voters here, what is the most important issue to you as you make up your mind on how to vote, you can see two different things we combined here, the economy and cost of living or inflation, and in the poll, they are asked separately, but if you combine them together, for simplicity sake, just over one out of three voters cite that 35% as their top concern. and among this group, republicans have an advantage of 36 points over democrats. so really that, the economy, inflation, that is really driving the republicans strength in that generic ballot we just showed you. where the democrats are strong

is the second item you see here, threats to democracy, you can see the democratic advantage inform our poll of 50 points on that. democrats also do really well on abortion, and republicans do really well on crime. but the top sort of issue there, the economy and inflation, however you want to slice it, that one does seem to break there in republicans' favor. the other thing sort of beneath the surface here that i think might be encouraging to republicans and a concern for democrats has to do with enthusiasm for voting for the midterm election. overall, seven in ten voters put themselves in the highest category of interest, when it comes to the midterm election. that number, that 70% number, we've never seen one that high among all voters at this point of a midterm campaign, but notice, that there is a gap here, among republicans who put themselves in that highest level of interest category, it's almost 8 out of 10 republican voters among democrats and it is about 7 out of 10, so there is a gap there, and there's also a change from this summer. take a look at the numbers we

were seeing on enthusiasm over the summer. there, you have last month, a 3-point edge for republicans in august. 2-point edge. and remember in august when these numbers were coming out, we said democrats pulled something significant out and erased the republican enthusiasm edge. that was in the wake of the supreme court abortion decision. donald trump was front and center. the mar-a-lago raid. in that context, the political climate seemed to move back into the democrats' favor. at least into a more neutral climate. and you can see it has shifted back now, in terms of enthusiasm, more towards republicans, and a 9-point gap. there so the bottom line, when you look at the generic ballot, you see a close, pretty much even race in our poll. when you look underneath it, though, you do see some things for democrats to be worried about, i think in particular, this has always had that variable who will show up and vote and right now republicans might be a little more likely to donna. >> what account force that swing back to republicans in enthusiasm? >> it seems like the economy.

inflation and economy, more than one in three voters saying that's the top issue. and siding with republicans by 36 points. and also, i think we could -- that wasn't what i was hoping to show you, and it is joe biden's approval rating on the economy, it is under 40%, and that's also the lowest we've seen for a president at this point in a midterm. and half the country, 50% of respondents in our survey, say they expect the economy to get worse over the next year. so the economy, inflation, taking center stage, with democrats getting those kinds of numbers and i think that might account for it. >> we will go beyond the economy, because presidents and congress don't have the most control over how the economy fairs in any given individual moment, but let's talk about the other policy matters. if a republican, if republicans are able to retake the house, retake the senate, what sort of policy changes or proposals for policy changes do you expect to see? >> so a few thoughts here. number one, we're in a campaign

season so what they say they are going to do might not actually be what happens. but let's talk about what they are saying. kevin mccarthy, mitch mcconnell have indicated support for some level of more stringent federal abortion laws, that's something that if they have the majority in both chambers they will try to do, most likely. or if they have the majority in one of the chambers, they will try to do it. number two, on the border, i think you can imagine, when government funding comes up, and government funding will come up again most likely, obviously it will come up in december, it will come up again next fall, and you could imagine that there will be elements in the republican party, almost definitely, that will try their hardest to make sure that there is increased border money, money for the border wall, money to clamp down on immigration in that. so of course, joe biden would have to presumably try to fight back at that, that is probably the most significant thing when it comes to the border, and number three, we broke last week, based on an interview, a series of interviewsdy with kevin mccarthy who would most likely be the top republican, speaker of the house, if

republicans take the majority, he says that they will pitch fights on the zet debt limit. . this is a line that we covered in the last republican majority and they said when the debt limit comes up, the statutory borrowing gap, they will use it to try to enact spending cuts and they say they want to change the spending trajectory in this country. the only way to do that, and when republicans say that, it means that they want to reform or mess with or cut back, or somewhat change the entitlement structure in this country. so that's a preview, katy. that's what republicans are saying. now, of course, when they get power, there are going to be tremendous constraints, there are going to be, no matter if they take one or both chambers in divided government. there is only so much you can do with divided government but you will see that gridlock, that logjam that we've seen for so many years from 2010 to 2018 when democrats took back the house. >> what if democrats are able to maintain control of both houses?

>> we haven't really heard any sort of large scale articulation of what democrats should do should they retain the majority. i think they will try on immigration reform again. i think they'll try, obviously they will try to protect abortion rights. that's something that they said they will do. and i think they will try to, on several items that they haven't done in the past, katy, they haven't done paid family leave, they haven't extended the child tax credit. these are things that will come up, that have come up before that is correct have not gotten done. and i think what you will see a lot of stuff that was left on the cutting room floor, this last congress, will have to go at it again, especially if they expand their majority in the senate, which would be nearly impossible to do. but if they, meaning they will have 50 seats now, so if they add one, their affirm panding it. i think you'll see them go back in the next two years should they take control of one or two chambers. >> as the "washington post" says today, some disappointments in

the president and this party but a lot of big achievements in the past few years in terms of legislation. elise, you've been talking to voters in pennsylvania. we're talking about all of these policies that are at stake. when you speak to them though, and you talk to them about what they are most concerned about, is one of the things that they talk about the threat to democracy? and do they see it the same way? >> all groups talk about the threat to democracy. democrats feel it of course more acute limit republicans see it in a different lens, as they see it as relitigating the 2020 election, and they see that election as flawed and biden as, you know, winning a skewed election. so that's the kind of two separate realities that we're living in, created by new silos and furthered by the extreme partisanship. >> what do they say about january 6th? >> we have some footage of january 6th, if you would like to see what they told me.

it's seen as comparable to some of the protests that happened in the aftermath of george floyd's murder, and i say they had plenty of explanations for it as to why some of the protesters, insurrectionists who breached the capitol were political prisoners. >> so pennsylvania could make the difference between who controls the senate at the very least, let's listen to what those voters told you. >> who thought, through a show of hands, who thought a that the 2020 presidential election was legitimate and free and fair? >> they shut down elections in pennsylvania in the middle of the night and then did something different hours later. that has never happened. >> what did they do differently? >> votes changed. in the shutdown. >> the counting stopped. >> how did the fraud -- >> how do you know? why did they shut it all down? >> was it mail-in votes? >> i think the most likely place

the problems could happen and in the last election, they counted those last. and miraculously, the results were inverted. >> where are they getting this information? >> they are going to different conservative news sites, social media, donald trump himself has been at the forefront of spreading a lot of these election conspiracies, himself, on whatever social platform he's not de-platformed from. >> i say that seriously, the news should be put in quotes, because that is conspiracy. it's fant si. it's not reality. jonathan, let's talk about what you are hearing in wisconsin, we're talking about democracy and you spoke about the democrats who say that they feel like everything is hopeless, like they can't really make a difference. explain what they said. >> you have to see wisconsin as a sui generis, and the democrats

have held the state wide office, in the last election, i think 53% of the vote went to democrats and yet, not nationally but in the state, and yet the republicans have a virtual lock, and near super majority in the legislature, because it has been so gerrymandered. and there is a sense among democrat, republicans, that things are stuck, and that their votes don't matter. and frankly, if you look across to ohio, north carolina, georgia, you will see a similar story in which there's a sense that the republican gerrymander of the state legislatures are so complete that they lost their voice. and so when you talk about them about democracy, it's almost like it is too late and they feel they lost their democracies. >> and it might account for some

of the polling that steve kornacki walked us through. we will have to leave it there for the moment. if you ever wondered how exactly we got here, how politics is as angry and as divisive and as partisan as it is today, well, you can find out by listening to msnbc's newest original podcast, the revolution with steve kornacki. i know i will be listening to this. scan the qr code right now and you'll get a trailer, a chance to follow "the revolution" wherever you get podcasts. breaking news out of missouri, there has been another school shooting, this time in st. louis, at the central visual and performing arts high school. three people are dead there, including a student and an adult woman. and the shooter himself. officials say he was 20 years old, they believe, and came to the school this morning, opened fire, with a long gun, killing those two people. he died in a shootout with

police. still ahead, a third u.k. prime minister in seven weeks this. one is making history. can rishi sunak calm things down? and what he says he is going to do about it. plus, worries of a false flag operation in ukraine. what moscow is doing that has the u.s. making pre-emptive moves. and the supreme court is now involved in the georgia elections investigation. what clarence thomas just ruled. red loved visiting grandma's house. and after saving big at amazon, she was ready for those... uninvited guests. [growling] shop legendary deals at amazon. you love closing a deal. but hate managing your business from afar. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire

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the u.s. and ukraine say russia is looking for justification to exploit the violence by planting a dangerous lie. russian's defense minister says ukraine is planning to use a dirty bomb on itself and blame moscow for it. ukrainian zelenskyy says that is not true, and u.s. defense secretary lloyd austin says he spoke with russia's defense minister and quote rejected any pretext for russian escalation. joining me now from kyiv is msnbc's cal perry. ukraine is saying this is not true. what is the worry inside ukraine that they're still going to go with this lie and escalate the violence? >> reporter: the worry is there. the foreign minister saying that this is usually what russia does when it is about to do something themselves, that this is part of their playbook, this is their m.o., we should remind our viewers that both russia and syria for years never said

chemical weapons were used in syria and they blamed, quote-unquote, rebel groups when the rest of the world assumed it was the syrians and the russians. it is a false flack attack and they plant an idea and it actually happened. and what happens is a scorched earth policy. and when russia pull backs from these place, and they're lilly saying on the ground, if we can't have it and nobody can. and russian plans occupied the zaporizhzhia plant and according to officials they're torturing and beating the staff in the plant and there is concern they will divert the power to russia and the lights will go off here and not come back on. in addition to that, the hydro electric dam north of kerrson has been mined by troops and ready to blow. and russia is keeping hostage these infrastructure points, and they're using this kind of talk to make, where i am, the

homeland, basically unliveable and they have taken out power stations and it is dark here and you can see the strategy unfolding where russia is basically trying to get people to leave this country. >> and usually we see some lights behind you. how are people coping? is there any talk about once again trying to leave the country? >> yes, and president zelenskyy told european council ministers over the weekend that he expects a second mass migration from this country into europe. again it will be number two. this is the second winter that this country has faced in this war and so many people are -- people who have returned here have returned to schools that are now closed because of rocket and drone attack, and to houses that are dark and are getting cold because of winter. as bad as it is in the capital, and it is not that bad, four hour rolling blackouts here, it is much worse when you leave the capital and we were in a suburb of kyiv, a small suburb and the power was out the entire day and the houses are starting to get cold. it is starting to get hold clear. >> cal perry, thank you very

much. and north korea and south korea are trading threats and and trading fire as tensions escalate. so far warning sites. overnight the south korea joint chiefs of staff says they repelled a north korean merchant ship that crept into a disputed sea boundry. and the north says a defense unit spotted a south korean naval ship intruding in its waters. our political contributor has more. >> reporter: north and south korea firing warning shots early this morning, on the western coast of the korean peninsula, heightening tensions that have been simmering for months in this region. the warning shots come in an area known as the northern limit line, which is a serious point, a flash point for tension in the korean peninsula. officials in japan here and in also south korea and the u.s. have been warning for months now that north korea might be gearing up for another nuclear

test. this is after rounds of missile tests this year, and the most unprecedented pace that north korea has ever conducted including one that flew directly over japan earlier on this month. now, the next two weeks, it seems very critical among security analysts, because we're just coming off the end of the national congress in china, which is north korea's big ef benefactor and we're heading into the midterm elections in the u.s. . also because of the relationship between the u.s. and russia, the u.s. and china, it is deteeshting at the moment, and north korea tends to do these kind of provocative moves when they can drive a wedge between the super powers and also the fact that russia and china are using their veto powers in the u.n. security council that makes the multilateral response towards this kind of provocation very, very difficult to imagine. and that, they say, may be emboldening north korea even further. back to you. >> thank you very much. and former finance minister

rishi sunak is set to become britain's next prime minister. its third in just two months. it has been less than a week since liz truss resigned a mere 44 days after taking office. there was talk over the weekend that boris johnson might make a comeback but he dropped out of the race last night. the only other challenger, penny mordaunt dropped out when she failed to gain enough support from british lawmakers before the deadline. so at age 42, rishi sunak is the youngest u.k. leader in 200 years, the first person of color, and today, coincidentally on the start of duwali, also the first person of indian heritage and hindu faith to be prime minister. joining me from lnden is chief international correspondent keir simmons. i'm curious what the mood is like. i was talking with molly hunter earlier today and joking that the prime minister is now a seasonal job in the u.k. >> reporter: yes, and it has

become very seasonal. it feels like the storm here that we've been seeing the last two months. and it is worth keeping in mind, because while the list, it is quite an amazing number of attributes if you like that rishi sunak has, that he brings with him, when he gets ready to walk through the door behind me, the world famous door, as the new prime minister of britain, it is worth remembering all of the challenges and faces as well. because at a time like this, in a week like this, when there is a new leader, it feels fresh, it feels different, there are of course hugs and cheers, and i think quite a good deal of relief amongst the conservative party when he was announced as the new leader today. but that can all change very quickly, can't it? and you know, the reality is that he himself has talked about needing to put up taxes, cut spending, and there are soaring mortgages here, soaring fuel prices, of course the ukraine situation is not going away, in

fact, it is causing much of those issues, and then you have rishi sunak who is incredibly wealthy. he and his wife are worth hundreds of millions of dollars, who is going to have to warn this country, is warning the country of the economic challenges ahead, just as he needs the people here to warm to him. little wonder that the opposition and many voices increasingly so are saying it really is time for a general election here. the issue with that of course is that would be more instability after such an unstable time, and a time when europe as a whole is facing a long hard winter. >> what do you think he's going to do. he is preaching austerity but as you said, mortgage rates are soaring, energy prices are soaring, the economy there is still not recovered from its pre-pandemic levels. what can this government do? what's he saying they can do right now to make things better?

>> stabilize, frankly. that's what he can do. for example, the mortgage rates, going up, partly because of the costs going up in the u.k., because of the unfunded borrowing that the previous prime minister liz truss and her then chancellor were proposing. so kind of right the ship to be honest is his first priority. and that is a sign, i guess, of the low expectations at this stage. the question i think really is whether there has been a political sea change here, whereby it doesn't really matter who the conservative party potentially has as their leader, in the end, there is going to be a shift of power. but that shift of power, that general election, doesn't have to happen for around two years, because as you know, katy, the system here is that ultimately people vote for the party, not the leader and the party, it is allowed to change its leader frankly as many times as it wants to. so it is going to be very

difficult for rishi sunak, no matter how smart he is, he went to stanford, he went to oxford, and there are those questions about whether frankly he will be in 10 downing street behind me there in a few years time. >> the party got that vote in 2019, got that mandate back before the pandemic and there is obviously a lot of talk, and it's not just the same world, and the public should get another chance to say who they want in power. we will see what happens. keir simmons, thank you very much. and the unrest in iran is entering its sixth week and showing no signs of slowing. over the weekend, hundreds of thousands gathered in cities around the globe to show their support, there were giant crowds in london, dc and los angeles, and the biggest by far in berlin. look at these images. german police estimate almost 40,000 people showed up with right white and green flags chanting women like freedom. will he show you? liz cheney talking about

testimony from donald trump. what the january 6th committee is preparing for. and up next, the first trump trial begins. we're live in new york city where a jury is being selected for the trump organization fraud case. and who the prosecution plans to bring out as their star witness. it's the subway series menu. 12 irresistible subs. the most epic sandwich roster ever created. ♪♪ it's subway's biggest refresh yet! announcer: type 2 diabetes? ♪♪ discover the power of 3 in the ozempic® tri-zone. in my ozempic® tri-zone, i lowered my a1c, cv risk, and lost some weight. announcer: ozempic® provides powerful a1c reduction. in studies, the majority of people reached an a1c under 7 and maintained it. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. and you may lose weight. adults lost up to 14 pounds.

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jury selection began today in the trump organization's criminal tax fraud trial. once they are sat, we are told the prosecution has a star witness lined up. joining me now is nbc news investigation correspondent tom winter. so tom, bring us up to speed on where this trial stands and how the jury selection is going but also tell us who the star witness is. >> reporter: sure, of course, katy, so jury selection started at approximately 10:30 this morning, they had 130 come through their initial pool of potential jurors and whittled down since then, and now they're in the middle of the questionnaire process, expected to take the balance of this week, perhaps into next week, before this trial, which is expected to last about a month or maybe a little bit more, it begins in earnest, with opening statements, as far as that star witness will come after that, opening statements, of course,

it is former trump organization cfo allen weisselberg, of course one of the key players in, this pleaded guilty a couple of months back, to july of 2021 charges, in an indictment. that is when the trump organization was also indicted. the idea was that allen weisselberg was given benefit, specifically a car and an apartment, his grandkids tuition was paid, other sort of benefits that weren't properly accounted for and that he didn't properly pay taxes on. and that's where under new york state law, he says, because allen weisselberg pleaded guilty, he ran afoul of the law. now, and it is kind of bizarre, he's going to testify against the very company he was involved with in being able to get those perks and those gifts without having to pay the proper taxes on, so he's the star witness against the place that's been his professional home, and kind of personal home, based on people that we have spoken to, for the past several decades. so a bit unusual in that he will testify, but he has to testify,

that's the reason why we know he's going to do it, because of the terms of his plea agreement. he is not cooperating against the former president, and of course, the trump organization bears his name. and all of this is in the backdrop of the broader legal concerns that the former president is facing, including being sued personally, along with his family, and his company, the trump organization, by new york's attorney general. here, if convicted, they face a $1.6 million fine, and in the civil case, as you and i have discussed before, he faces up to $250 million in fines if he is found guilty there. what it means for his business long term, trump hasn't done a ton with banks, he has gone to private lending services, as our colleagues have reported, so what it means for him as far as his ability to access funds or get new contracts, that's very much an open question. >> a whole lot of money. tom, thank you very much. and we are going to stay on donald trump, because the january 6th committee is waiting for a formal response from the

former president to its subpoena. on "meet the press" this week, vice chair liz cheney says the claire is ready and could allow donald trump to appear live in person. >> it may take multiple days and it will be done with a level of rigor and discipline and seriousness that it deserves. we are not going to allow the former president -- he's not going to turn this into a circus. it's not going to be his first debate against joe biden and the circus and the food fight that that became. this is far too serious set of issues, and we've made clear exactly what his obligations are, and we're proceeding with that set out. >> joining me now is nbc news senior capitol hill correspondent garrett haake. i was struck by how many times the spear made it personal, you did this, you inspired the attack on the capitol and talked about precedent, current and former presidents, in the past,

sat in front of congress. if donald trump says no, how likely is this to go to the full house for a criminal contempt referral? >> reporter: it's hard to see the time frame on which that could be done where it might make a difference. i mean the house is gone now until after the election and when they come back in the lame duck session, you're looking at basically a month and a half where they can try to force the issue. look how long it took for steve bannon to be convicted and sentenced. and his contempt case, that was a case that did go the distance. so the committee's got the challenge of pursuing trump all the way until he gives his testimony. but i'm glad you mentioned how personal they make it in the subpoena, because as i read through the subpoena, and as i watched the economy, they know there are other ways to draw out donald trump beyond getting him to come testify. he already has responded to the subpoena itself or the news it was coming with that 4-page statement that he put out. -- 14-page statement that they put out. by attempting to draw him out,

perhaps we could have more without him testifying. nevertheless, the trump knows the ball is in trump's court and they're not going to negotiate with him over social media. if and when trump's attorneys respond with them about the subpoena, then there might be negotiation about how and when he appears but all of us who covered trump for a long time, stalling, delaying, and sometimes counter-suing other parties when they try to challenge him on other issues, far more likely than receiving a subpoena and immediately complying. >> we teased the other investigation. the georgia investigation. looking into the attempt to overturn the election there and donald trump's involvement. the prosecutor down there wanted to talk to lindsey graham and has been trying to get him to sit down in front of the grand jury for quite a while. and lindsey graham has sued and appealed and appealed and take continue all to the supreme court. and clarence thomas had issued a stay, not a final word, but a stay on his testimony, and what's the reaction? >> well, this is a stay now pending, and another filing from the georgia d.a., essentially to

make their case on why they want lindsey graham to testify, and as you can imagine, particularly house democrats have been furious about, this they argue that this is the exact kind of issue on which they tried to pursue judicial ethics reforms over the course of this last congress. of course, clarence thomas' wife ginni thomas is very much involved in the greater stop the steal effort who testified behind closed door with the january 6th committee. they argue, of all people, clarence thomas, should not be the one to make a decision like this. but again it is likely the full court that makes the final decision on whether graham has to testify. and i can tell you as someone who talked to lindsey graham in the immediate aftermath of the election, he doesn't defend what he was doing as the work of a senator. he kind of couched it in terms as though he was a private citizen and democracy is on the line and that's why i'm calling an official in another state and that might make the argument of a speech and debate clause and a bit of a tougher well. >> do we know how it is clarence

thomas became the one to issue this ruling or the temporary stay. >> sadly i am not. i'm not as deep in the woods on that side of the complex. test results are bad and what is being done to help american citizens to make up for a year of lost learning? first up, ron desantis and charlie crist to debate tonight and what to expect in florida. f. ? know where your glucose is? with the freestyle libre 3 system, know your glucose and where it's heading. no fingersticks needed. now the world's smallest, thinnest sensor sends your glucose levels directly to your smartphone. manage your diabetes with more confidence and lower your a1c now you know freestyle libre 3. try it for free at freestylelibre.us. becoming a morning person starts the night before with new neuriva relax and sleep.

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first and only time after hurricane ian ended up canceling their other debate. desantis as of right now has a clear lead. joining me now from fort pearce, is ali vitali down there in florida. what are we expecting tonight, ali? >> reporter: well, look, for charlie crist, this is an opportunity to show florida voters why they should make a change. and for ron desantis, the role is to stay the course. because of the reasons that you mentioned, katy, in polling, desantis has a clear and consistent commanding lead but also in terms of the size of his war chest, he is out-raising and out-spending the democrat in this case by very big margins. and it is fascinating for me, someone who covered his 2018 race and now covering this re-election bat until 2022, the differences in the way ron desantis is running. he rose to power in 2018 as someone fully in the trump mold, riding the coat tails of the former president, and if you look at the ads he's running on

the air waves, he is defining himself as many years now at the top of the state, as chief executive, trying now for a second term. but for voters, they are thinking about the present, yes, but also what might happen in the future. listen. >> we have the greatest governor in the whole country, desantis, absolutely. i don't know anybody really that likes charlie crist. >> what happens if it is desantis versus trump in 2024? >> i don't think that will happen. i don't think it is, but if it did happen, i'd have to vote for desantis. because he would have a great chance of winning. >> reporter: that voter there expressing a sentiment i've heard over multiple conservative gatherings frankly over the last year and a half. people thinking about desantis as someone who ideologicalcally aligns with the former president, and who could have a little bibit less baggage going

into the next presidential election cycle, that is if both of these guys decide to run. >> former trump allies. and asking about the january 6th committee hearing has done, and they say it helped ron desantis more than anything. ali vitali, thank you very much. coming up next, the grades are in. the pandemic has failed students. can they catch up? two new ihop lunch and dinner menu items for twice the goodness, twice the flavor, and twice the choice. sirloin salisbury steak and all-natural salmon. perfect for lunch or dinner. only at ihop. download the app and earn free food with every purchase. (vo) get the new iphone 14 pro on us. right now t-mobile is including apple business essentials download the app and earn free so you can easily manage your team's devices. on the network with more 5g coverage. only from t-mobile for business. peaceful state. full plate. wait, are you my blind date? dancing crew. trip for two.

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early '90s and the pandemic is to blame. joining us from outside of perform s 24 in the bronx msnbc rehema ellis. these test scores, these numbers are bad, and it is not the student's fault, it is just really hard to learn during the pandemic. what are schools doing about it, because there are some kids who are essentially missing out on a year of learning, they're a year behind. >> yes, it's true, and it's devastating for some people to even think about that they got to try and recoup that loss. and the people who might be thinking, well, it is everybody else's kids but not mine, according to the study, there were setbacks across every single one of the demographic groups, we know some kids were severely impacted more so than others because they had severe learning challenges even before the pandemic. but what we're seeing has been alarming. take a look, i think we have numbers for you, as far as math, math was the biggest problem, especially in the eighth grade. just 26% of eighth graders were proficient in math.

that was down by 8 points. and reading, only 36% of fourth graders were proficient in reading. that's down from 41%. how are parents feeling about it? take a listen. >> i view the learning loss as something that was predicted and kind of part of the, all the changes. i'm happy that our schools continue to focus on social emotional learning and making sure that our students are safe and present and hopefully we'll be able to overcome that learning loss at some point soon. >> i've seen a lot of folks, a lot of kids catching up, so it's happening, you know, the concern for me is kids who are underresourced and what are we going to do to help those kids catch up? >> what are we going to do to help them? talk of tutoring, individualized instruction and more testing to see where students are more

often rather than every three or four months, a lot more testing to identify what students' needs are and to help them to go forward at that point. >> rehema ellis in new york city, thank you very much. and that is going to do it for me today. hallie jackson picks up our coverage next. ie jackson picks coverage next. bipolar depression. it made me feel trapped in a fog. this is art inspired by real stories of bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms. and in clinical studies, had no substantial impact on weight. this is where i want to be. call your doctor about sudden behavior changes or suicidal thoughts. antidepressants can increase these in children and young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion,

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