crunch time for the major midterm races as we come on the air this hour, with mehmet oz

back on the campaign trail within just the last hour in pennsylvania. he's talking crime. even as democrats try and put the pressure to him on abortion, looking to change the topic, to john fetterman's health with new reporting on the dems sending in reason forms not just pennsylvania but into the midwest and into the sneaky senate race out west waking up. we have our campaign reporters and political team standing by live across the country. also this this hour a judge's decision of somebody who was in the inner circle in the white house. the ruling dropping on mark meadows and whether he has to talk to a georgia grand jury. plus new reporting on other members of former president trump's administration, with the d.o.j. asking a federal judge to force one-time white house attorneys to talk to the january 6th grand jury. we're also following some new escalations on the battlefield in ukraine as vladimir putin again repeating those unsupported claims, kyiv is getting ready to detonate a so-called dirty bomb. any news from that, we will have

our team standing by and you will hear it here first. i'm hallie jackson coming from orlando where i'm on assignment did w-dasha burns on assignment herself in harrisburg, pennsylvania and shaq brewster, and garrett haake grand junction, colorado, and mark murray is joining us as well. dasha, you have -- what is happening in pennsylvania today? the last 90 minutes, not even, we've seen oz on the campaign trail, not speaking abortion but speaking crime and a debate issue he raised overnight. and abortion is an issue that oz has to play defense on with a new ad highlighting the comments he made. and talk us through the landscape and where this goes from here. >> reporter: yes, the day after the debate, everybody is beating the drum that they have been beating for the last couple of months here, we have not yet seen the public appearance from fetterman today, but you're right, oz just wrapping up an event with the fraternal order of police, with the pennsylvania state troopers, and nikki haley, and the entire event focused on

crime, focused on law enforcement, and once again, he is calling out his opponent, john fetterman for his record on clemency, pardoning some convicted criminals here, as the lieutenant governor and head of the board of pardons, and talking about the debate last night, saying he set himself apart from fetterman with his answers on crime. meanwhile, the fetterman campaign already out with a new ad today, focusing on that moment last night of when talking about abortion, when oz said that now famous line, making headlines today, that abortion should be between a woman and her doctor, and local political leaders. watch. >> i want women, doctors, local political leaders, local political leaders. local political leaders. >> oz would let politicians like doug mastriano ban abortions without exceptions. >> i think we might be seeing a

lot more of that in democratic ads in the coming days and weeks here. meanwhile for voters i've been talking to today, it depends where you fall on the political spectrum and what you're looking for. some folks are concerned about fetterman's health coming out of last night. others concerned about oz's position on abortion. and others just wishing there was a little bit more substance to the first and only debate between the two candidates. look, we've got 13 days to go here, but you know as well as i do, a lot can happen in that amount of time. >> dasha burn, live forbe us in harrisburg. to wisconsin now, where you are seeing the bigger guns if you will start to come in from out of town to try to burst turnout in wisconsin and other key area races. and you have the republican governor of virginia glen youngkin in washington and democratic senator elizabeth warren on the ground there and shaq, this is all about trying to get people out. we all know it comes down to turnout. that is exactly what they are

hoping to boost. >> especially in the state of wisconsin, where you look at recent polling, you look at the average of polling, and things are neck and neck, both at the governor's level, and at the senate level and today the focus will be on the gubernatorial election with senator elizabeth warren in madison activating college students, literally walking with them to an early polling location in the next hour or so, and then on the republican side here in walk sha, you have the virginia governor glen youngkin activating conservative voters in this conservative part of the stay, where we're in the milwaukee suburbs essentially. but those are the first two surrogates to come in what is a flood throughout the rest of the week. and rick scott and pete buttigieg and marty walsh. on saturday, former president barack obama who is returning to the midterm election campaign trail, to activate voters in the milwaukee area. you really see how yesterday, it was the first start of early voting. we had some 30,000 people out to the polls, across the state of

wisconsin, and about 300,000 people have already cast a ballot for both campaigns, understanding how close it is in this state, that comes down to tens of thousands of votes each election, the focus is on turnout, because that is going to be the deciding factor in this election. >> shaq, thank you. garrett, let me turn to you. i want to ask you to put on your reported analysis hat, right, because you have been out on the campaign trail for weeks and all of these states are in colorado, i mean nevada, i know you've been everywhere, when you talk to voters and when we heard from dc folks and president biden, this is not a referendum on him, and this is about two competing vision force the country, i've been in georgia and florida the last 48 hours, i've heard that from candidates like senator warnock as well on the democratic side. does that sync with what you are hearing on the ground, garrett? help us understand that? >> reporter: not always. what you're seeing here is democrats want this to be a choice. they want to paint the republican party as extreme and say look, maybe you're not

thrilled with us right now but those guys are worse. joe biden on the campaign trail in 2020 don't compare me with the almighty, compare me with the alternative and right now that is not what is happening in many key states, colorado, and nevada, where you have democrats largely in control. what you're seeing are voters saying, look, democrats are in charge of everything, and i'm not happy about it. there's a little bit of this throw the bumps out mentality, where you see the president's approval rating has cratered with republicans and underwater with independents in both of those states, and he is losing support across the board. in a state like colorado, where biden won by 14 points, michael bennet, who is on the ballot now to be reelectioned to the senate, has a lot more leeway. . he can afford to lose authority independent voters. he can afford to lose people who might be softer supporters of his. and i've heard some of that from voter i have talked to here. and compare that to a state like nevada that joe biden won by

30,000 votes catherine cortez masto cannot afford to lose those people and that's the problem here, those who are soft democrats and knew they didn't like trump and willing to vote for a democratic ticket in 2020, and now saying that mathematically, this is not working out for me, paying too much at the grocery store and it's not worth it, and that's why you're seeing so much of a drive to disquality fy republicans, and make it a choice for voters and not just say i'm not happy with this right now, let's get rid of these guys. >> what surprised you the most as you've been in the field, garrett? >> well, it shouldn't surprise me, but it really is true that the prevalence of the pure economic issue, the rising costs, it is so hard, you know, with voters i talked to, to get past, if you want to talk about kind of second, third, fourth things on your mind, it doesn't get that far, it is really like costs and economic issues, very much forfront for a lot of voters. and i will say the prevalence of issues like defending democracy, and i have been a little bit surprised, as someone 0 who

spends a lot of time in washington, to see that issue, which is such a big issue in washington has stuck in the minds perhaps more democratic voters than i would have thought, who that is the first thing they think when they're casting that the ballots. >> that's interesting. >> and whether that is a twitter issue in washington or whether it really reaches out into the country, i will tell you, in these two states, i have been surprised to that fact. >> and i was talking to a voter in georgia 24 hours ago before i came down here in florida and same thing, the group of democrats specifically talking about this idea of threats to democracy which we know well, polls, it is a major issue, and our nbc news polling, but you're right, the economy, the cost of living, inflation, top of mind for people. >> mark, let me bring you in here, as garrett has laid out so well here, when you look at economic issues and republicans, and the state race between oz and fetterman, crime, abortion,

the economy key factors and as we talked about what dasha laid out, talk to us what it fits in the next 13 days nationally and how it sets the table for the final stretch? >> i think it sets the final stretch and the report of the analysis i think was actually spot on for garrett, because the normal midterm dynamic that you end up see can is the opposition is normally the most powerful force that is out there, that the people who are upset, who are out of power, are the ones who are heading to the polls, they're the ones who are actually energized the most, and that is the normal dynamic at play. and where the opposition side actually comes out more forcefully, then you end up seeing from the president's party and the party that controls congress. but what really has changed this midterm season, and why it is different from maybe a normal midterm dynamic is the other side is also fired up. and maybe not as fired up for the democrats as the republicans are, but they are fired up certainly from what we saw in 2010 and 2014, when democrats ended up suffering big time

shellacting, the other thing that has happened that politics are more nationalized where the sliver of the independent swing voters is smaller than it used to be but also you end up having people wanting to turn out every single election, so the kind of midterm cycles with what we saw in 2014 where a lot of republicans turned out but democrats didn't, i don't think it exists in this current dynamic. and so i think garrett is exactly right. a place like colorado is a lot safer for democrats today, but a place like nevada, where that sliver of swing voters do matter, that is why that remains a very tough race for democrats right now for that senate seat. >> talk to us about the early voting numbers here, because in georgia, where i just was, you have the big thing yesterday, it was the idea that there were more than a million people that have already voted early. in pennsylvania, we know that 650 -- 600,000 plus people have voted early, and shaq has noted this also, they're not waiting

for election day. >> and that is a big sea change in politics, when i first started covering politics 20 years ago, almost everyone was an election day voter and long periods of early voting now and mail-in ballot access for people to vote, and what we've seen in our own polling is that the early voters are disproportionately democratic voters right now. donald trump has made it clear that for, to be a republican, or certainly a trump republican, you have to be an election day voter. and so what we're seeing right now, disproportionately are democrats trying to come out to the poll, starting to come out to the polls with the early voting access or mail-in voters, but we do expect the deluge in republican vote, and particularly the trump inspired vote for election day voters. i think this early voting is another example of how engaged and fired up this electorate is right now. >> mark murray, thank you. shaq, garrett, thank you. appreciate it. coming up here on the show,

the justice department reportedly trying to force trump white house attorneys to testify about january 6th. the reporter behind that scoop is here. plus, some new testimony just today, the oath keepers trial, the secret service agents sharing new details about protecting mike pence the day of the insurrection. live outside the courthouse. first a big setback for former president donald trump's former chief of staff saying he has to testify in the georgia elections investigation. what they want to know, next. ti. what they want to know, next the most epic sandwich roster ever created. ♪♪ it's subway's biggest refresh yet! for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low

it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. ♪ what will you do? ♪ what will you change? ♪ will you make something better? ♪ will you create something entirely new? ♪

our dell technologies advisors provide you with the tools and expertise you need to do incredible things. because we believe there's an innovator in all of us. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect.

a new development we're watching in the georgia elections investigation, with a judge ruling today that former trump white house chief of staff mark meadows has to file in front of the grand jury. this comes a day after filing a brief to get out of the subpoena. let me bring in correspondent blaine alexander posted up in atlanta. talk about the time line here and how it gets resolved and the

reason why meadows' testimony is significant here. >> reporter: sure. so let's start with the time line. we don't have a date for when the testimony will take place, but we know when it will not take place and that is before november 8th, election day. that is because the d.a., as regard to this investigation is in the middle of what they're calling a so-called quiet period, essentially where they're not doing any activity around the fulton county special grand jury investigation, so that means no testimony, no subpoenas, no any other documents flying around, because, as the d.a. has said a number of times, she doesn't want to give these hearings influence in the election. we know when this day is scheduled for mark meadows to come and testify before the special grand jury, it will not be until sometime after november 8th. as for why this testimony is important, there are several kind of reasons behind it, several prongs to what she said that she wants to hear from him. the first of course is going to be that now infamous phone call between former president trump and secretary of state brad

raffensperger, that is the call that launched this investigation and mark meadows was on the call and spoke up several times in the course of that more than hour long call and the d.a. wants to ask him about that. there are two other things as well. one, it has to do with a visit that he actually made to cobb county georgia, a suburb of atlanta, where he showed up at a signature match and kind of audit process, and was denied entry, it is not a public process, he wanted to be let in and wasn't allowed to do so and wants to ask about that trip. and also wanting to ask about accordance, those that he sent to the d.o.j., asking officials to investigate election fraud here in georgia, so-called election fraud. those are the three things she wants to talk about, and the note from the d.a., just from the reporting of this, over the course of many months, she is very interested in hearing from anybody on the former president's inner circle. symptom who can kind of talk to -- somebody who can kind of talk to his mindset, actions, all of these things around the allegations for which he is being investigated, and of course, as former chief of

staff, mark meadows certainly fits that bill. so certainly a lot of questions that he will have to answer when he comes forth to testify. >> blaine alexander in atlanta, thank you. in a separate investigation, we got the justice department now reportedly trying to force two trump white house attorneys to testify in its january 6th investigation. we got "the new york times" reporting that the d.o.j. wants a federal judge to make pat cipollone and patrick philbin come in front of the grand jury again. let me bring in luke broadwater "the new york times" congressional reporter who has the story. luke, you're reporting prosecutors and i want to quote, trying to punch through the claims of privilege that the former president is using to hamper the investigation of his push to overturn the election. tell me more about what you're hearing from the sources that you're talking to and why they want cipollone and philbin to come back again. >> right, well pat cipollone and philbin, the two top lawyers at the end of the trump white house, they have already testified before the grand jury. but during that initial

testimony, they invoked executive privilege and also attorney-client privilege. and what the federal prosecutors are hoping is that they can pierce through those privilege arguments to get a little bit more out of these men about some of those private conversations with donald trump. you will recall pat cipollone's testimony before the january 6th committee, which was played at some of the hearings, and there were sometimes when they would get right up to the line, where he was about to tell them something which seemed like it would be revelatory about donald trump, and he said he couldn't because of executive privilege. and what the prosecutors working on the federal investigation are hoping is that they will be able to get those answers that pat cipollone wouldn't tell the january 6th committee. >> what is the time line on when we're going to hear from the judge or when in this case? >> this has been a rolling process. and it's behind the scenes, so it's all pretty murky. but we do know that the judge

has already found in favor of federal prosecutors, with their arguments toward come telling marc short and greg jacob, two cop aides to vice president mike pence, to come back and pierce their arguments about executive privilege. so we could see this ruling pretty soon. and then those gentlemen have to come back in and then tell even more if in fact the judge sides with federal prosecutors. >> luke broadwater from "the times" thank you. staying on january 6th now, new testimony in day 19 now of the oath keepers decision conspiracy trial. you've got jurors, hearing from a top agent on mike pence's secret service detail that day. testifying about her role in helping the then vice president evacuate during the attack on the capitol. ryan reilly is outside court in dc. this was particularly noteworthy testimony here from the secret service inspector. explain that. >> reporter: yes, thinking of that testimony, as well as the testimony that we heard from two

police officers over the past day, about what they went through on the capitol on january 6th was really illuminating. you had a rioter who was at the eastern doors to the u.s. capitol and protecting those doors and trying to stop keeping the mop out of that. and what is interesting about that as well is that individual was a volunteer for the mitt romney campaign in 2012, and was doing his job on january 6th, as a capitol police officer, and he has since gone to a september police officer in south carolina. more broadly what we've seen with this trial is you have stewart rhodes out with covid, so he's not going to be back probably until next week. harry dunn is expected to testify on monday and the rest of the week is sort of a wash at this point. we are not going to be hearing from anybody until monday is when we're expecting to hear from harry dunn and his

testimony. it will go on for a while. we have a couple more witness for the prosecution and then the defense's case, and this could go on for a while in the seditious conspiracy case. >> ryan reilly, thank you. up next, herschel walker just responding in the last couple of minutes to a new abortion allegation that's been leveled against him. we'll take you live to georgia, out on the trail with the candidate, with this developing news. but first, the top senate democrat now under federal, one of the top senate democrats, we should say, apparently under federal criminal investigation. we will talk about the sources and what they're telling us about senator bob menendez, coming up in just a second. p ind with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. the eat fresh® refresh just won't stop! now, subway® is refreshing their catering with custom party platters and easy-to-order lunchboxes of all your favorites. hosting a tailgate is easier than getting gronk

to take of his shir- easier than what?! yep, easier than that. subway keeps refreshing and refreshi- covid-19 moves fast, and now you can too by asking your healthcare provider if an oral treatment is right for you. oral treatments can be taken at home and must be taken within 5 days from when symptoms first appear. if you have symptoms of covid-19, even if they are mild, don't wait, get tested quickly. if you test positive and are at high risk of severe disease, act fast. ask if an oral treatment is right for you. covid-19 moves fast, and now you can too. (vo) with verizon, you can now get a private 5g network. so you can do more than connect your business, covid-19 moves fast, you can make it even smarter. now ports can know where every piece of cargo is. and where it's going. (dock worker) right on time. (vo) robots can predict breakdowns and order their own replacement parts. (foreman) nice work. (vo) and retailers can get ahead of the fashion trend of the day with a new line tomorrow. with a verizon private 5g network, you can get more agility and security. giving you more control of your business.

we call this enterprise intelligence. from the network america relies on. becoming a morning person starts the night before with new neuriva relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. california, so i can mountains,freshed. oceans, natural wonders, diverse and creative people. but when the out-of-state corporations behind prop 27 look at california,

they see nothing but suckers. they wrote prop 27 to give themselves 90% of the profits from online sports betting in california. other states get much more. why is prop 27 such a suckers deal for california? because the corporations didn't write it for us. they wrote it for themselves. vo: climate change is fueling a wildfire crisis. destroying our forests. threatening our communities. polluting our air. prop 30 taxes those making over 2 million a year. no one else pays a penny. 30 will reduce the tailpipe emissions that drive climate change. and prevent wildfires and toxic smoke. so we have clean air to breathe. this is about our kids' future. omar: prop 30 helps contain fires and combat tailpipe emissions. vote yes on 30.

new research out today, on a sprawling online propaganda campaign originating in china and targeting you, these experts say they found fake accounts across the internet amounting to a pro-china campaign actively targeting u.s. voters ahead of the midterms as recently as this month and the messages the accounts are pushing ranging from pro-china commentary to right wing extremists, some even alluding to the q-anon conspiracy theory, a spokesman for the china embassy denied

responsibility for any election interference. the pro china campaign, it is said to be charging the u.s. with new tactics and increasingly trying to shape the way we vote in elections here at home. talk us through what you're learning. >> that's right. in some cases they are promoting things that are anti-democracy or even arguing that voting is not necessary or not important here in the u.s. while at the same time promoting some pro-china ideals and ideas. now, what they are doing in some cases here, hallie, is using some of these internet sites, the websites, to create videos, at times purporting to be by americans, that support these ideas. sometimes even promoting civil unrest. and also it is really important to point out that as part of this, these companies who track these things, track these widespread influence campaigns on the internet, they're saying that so far, there is no indication that these have actually influenced the midterm

election, or that these have gone in a very widespread area. but, it's still, you know, it puts forth the idea that there are efforts out there to influence u.s. elections. we've heard from years now about the efforts from the russians the fact that there are chinese efforts to influence u.s. elections has a number of u.s. officials and private security comes that focus on the cybersecurity issues, they have very concerned today, hallie. >> courtney, live at the pentagon for us, thanks. new developments now in georgia, and the senate race there. where republican senate nominee herschel walker is denying a new allegation out this afternoon, an anonymous woman, saying he took her to an abortion clin tacoma have an abortion. nbc news does not know this woman's identity, and lass not confirmed the allegation. ellison barber is joining us live now from dillard georgia out onl the campaign trail with this candidate, with herschel walker, who has put, in large part, framed this campaign around the anti-abortion beliefs. >> reporter: right, you know, it

was interesting, we were on the trial with walker today, this allegation we first heard of, sort of between campaign stops, we started the day in cleveland, georgia, and then he was headed to dillard georgia, where we got word about the possibility that there would be some sort of a new allegation. herschel walker did not address this from the podium, but he did speak with reporters afterwards, and he and his campaign have been very clear, prior to him coming to speak that he would not be taking in questions but he did make a statement denying this allegation, calling this foolishness. listen to what he said. >> i would just say right now, you know, i'm done with this foolishness, i've already told you this is a lie and i'm not going to entertain and continue to carry a lie long. and i also want to let you know, i didn't kill jfk either and right now they're sending one out, i think i crushed a debate, and now the democrats are doing this, saying whatever they can to fight this fight and win this seat. but i want them to know, they

don't know herschel walker. >> he was on the campaign trail today, with south carolina senator lindsey graham. lindsey graham spoke after herschel walker and gave in some ways an even more aggressive, aggressive rebuttal to this allegation, calling gloria allred a celebrity lawyer and implying that this is, in his view, sort of a playbook that he said he had seen before, from democrats, trying to throw a candidate under the water as it gets close, particularly here in this state, to election day. early voting is already under way. and we are less than three weeks from election day here. >> ellison barber live in georgia, thank you. news from capitol hill, where we understand attorneys for former president trump had accepted service of the subpoena that the january 6th select committee issued to him, according to a source familiar with those proceedings, if you will, and our nbc news capitol hill correspondent ryan nobles is with us now. what do we know? the fact that the subpoena has now been served and accepted, what's the next step?

and how significant is this? >> reporter: well, in the past, what has happened with the january 6th select committee and the witnesses that they've targeted is that this begins a deliberation between both sides, where they try to come to a place where both sides feel comfortable with the cooperation as it extends to the committee's investigation. and that means handing over documents, and sitting for a formal on the record deposition. in most cases, this step of serving the subpoena is nothing more than a process step. it's really not that significant. it was really just one step along the way. it just acknowledges that the two sides are both aware that the subpoena exists and that there is a compelling reason for the witness to participate. of course, all of this is a big deal when it refers to donald trump. >> exactly right. the process and procedural stuff but it is a former president getting subpoenaed by a congressional committee, you know. >> exactly. and we should also point out that there was some question as to exactly who would be the

person to accept this subpoena on his behalf. of course, the former president has a myriad of lawyers that deal with a lot of different legal issues that he's dealing with. and he did not have a specific law firm that was dealing with issues reeling to the january -- dealing with the january 6th select committee. the law firm confirmed in a statement to nbc news, that the attorney had been retained on behalf of the former president to deal with this particular matter. would ef -- we've reached out to that law firm today and they have not gotten back to us and neither has a spokesperson for the former president donald trump. the question, your question, what happens now and will there be a coming to both sides feeling comfortable and in can be some sort of deposition or questions asked about the president and you heard the vice chair liz cheney saying on "meet the press" they would not let donald trump turn this into a circus and they were going to control the terms. but in past instances with

witnesses, and many of them controversial but of interest to the committee, they've gone to great lengths to make them feel comfortable to answer questions. doing them in virtual settings. doing them in the offices of some of the witness targets. not necessarily in a space that is controlled by the january 6th select committee. again, it might be different with the former president, but this at least begins the process where the two sides can talk to even other, and see if they can find some common ground. hallie? >> ryan nobles, appreciate it. and news from the supreme court, the arizona republican party chair, kelly ward, is now going to the justices. she wants the court to block a subpoena that she got from the january 6th select committee. let me bring in nbc's kelly owe dodge. -- o'donnell. she and her husband i understand it going to the highest court in the land hoping for them to get on her side. >> that's right. they're both physicians. and they're a medical group. the phones that they use are part of that company. and so they are trying to fight

access to the committee of their personal cell phones and the ones they use for their business. and kelly ward is someone who is very prominent in trump world. not only is she the gop chair in arizona, a candidate for office, she is someone who was a trump elector, she has been a vociferous supporter of donald trump. and she was subpoenaed to testify before the committee and there asserted her fifth amendment right against self-incrimination. this is about her phone records which would detail, who did she talk to, who did she text with, and putting together kind of a picture of the people she had connections with, from a period in november of 2020, through the end of january of 2021. the committee wants to know about those connections, and she has already lost at the ninth circuit level, and that is why she is going to the supreme court, and justice kagan, who will receive that circuit, and making this appeal, claiming this is about her first amendment rights, that a

committee predominantly of democrats, we know the january 6th select committee has more democrats than republicans, she argues, ward argues, is going after the personal records of a republican chair woman, and she says that that is inappropriate, that it is trying to criminalize political speech or political thought, and the lower courts view that differently, and said these records could provide important investigative material for the committee. and she has already asserted her fifth amendment rights, in questioning, and they want to get those records. so what will the high court do? we don't yet know. justice kagan can refer this to her fellow justices for them all to consider or she can review it herself. it tells you what is at stake here, that this issue, the battle over democracy, and the committee's efforts to try to get to the facts, are now going all the way to the supreme court. lally? >> kelly o'donnell, live for us in washington. thank you. nbc news learning this afternoon, that democratic

senator bob menendez, the chair of the powerful foreign relations committee, is under federal criminal investigation according to two people familiar with the matter, the spokesperson for the senator, in a statement, an adviser for senator me den dez says that the senator is aware of the investigation but not of the scope of it. we have more now. can we have more plain english, tom? we don't know, and we can't report why or for what yet? >> that is perfectly put, hallie. >> we don't know the scope of the investigation and in other words what type of potential criminal wrong doing it might involve and we don't know how many individuals may be involved in it, so those are obviously the two key questions, we're running that down, we just don't have it confirmed to the level that we're ready to report it yet, that meets our typical standards here, so that is something that we're continuing to work on, and obviously, if we have, that we'll bring that to everybody the second that we do. as you said, an adviser to menendez, confirming the investigation, and confirming

also that if approached by any sort of authority, menendez does answer questions to clear this up. and obviously this is not the first time the senator has had a brush with the law. he's been previously investigated, indicted, in 2015, with a doctor from south florida, dr. salmon melgan, those allegations back then included charges of corruption, bribery and conspiracy. when menendez went to trial, it was a mistrial and the justice department determined that they wouldn't bring forward another case, or have another trial on those particular charges. melgin was convicted in what authorities described as a massive medicare/medicaid spilling scheme out of his offices in south florida. he was sentenced to 17 years in prison and former president trump on his way out of office commuted his sentence at the suggestion, urging of senator menendez, according to trump and menendez later on, both saying that publicly. so that's what we know as far as

menendez's past. as far as his future, in this criminal investigation, well, that's something we need to get more details on. i will note several people have pointed out on twitter, well, wait a minute, isn't this inside the justice department's guidelines and so-called 60 day rule, which is not really a rule, as far as politically sensitive investigations. menendez is not up for election this year, so he does not technically fall under that. we also don't know this was originally, this was originally reported by a website that referenced a subpoena, we have not confirmed that ourselves. but we don't know when that subpoena was issued and we don't know when the investigation was open. so there is no investigation that we have that this is something that was just opened today, and certainly no indication that we have, that this falls outside of justice department guidelines about these types of investigations, hallie. >> tom winter, thank you for that. appreciate it. keep us posted as you get more. thanks. in wisconsin today, a jury has found darryl brooks guilty in the killing of six people after he ploufed his suv through a christmas parade last year.

and the end of the trial was pretty chaotic in which he shouted at the judge and had to be taken out of the courtroom more than once because of outbursts and brooks put his head down and stayed quiet as the verdict was read. antonia hilton has more on the story. >> reporter: this jury early this morning found him guilty of all 76 counts in connection with the tragedy seen in waukesha wisconsin at that christmas parade. and what prosecutors argued is that he intentionally drove that suv through a crowd of people celebrating that day, and that resulted in the killing of six different people, and he injured more than 60. so you can imagine, just how emotional this trial has been. even you mentioned already some of his outbursts and strange behavior but what was particularly strong about this is that darrell brooks chose to represent him and forego legal representation throughout the trial and as he represented himself he fought back and forth with the judge and made me

nancing facial expressions and remarks at time and he was tossed out of courtroom as you mentioned. so this chaotic 18 day trial ended in a sort of matching fashion, as the jury was coming into the room, getting ready to read out the verdict, he continued to actually fight back and forth with the judge, and when it came down to he was guilty, you could heard someone in the back of the room say that they hoped he burned in hell. they had to be thrown out of the room, too. so we expect to see happen next now, on a meeting on monday, we will know more about the sentencing, as a result of all of these very serious counts, he is most definitely looking at life in prison. he can attempt an appeal. but the fact that he decided to represent himself and the that trial already has this bizarre frankly behavior, it doesn't look great for him in chances of an appeal being successful. we'll find out more on monday but darrell brooks is likely to spend the rest of his life behind bars. >> thank you for the update. coming up on the show today, it marks 40 days since the death that kicked off a huge wave of

protests in iran. we'll talk about where the movement stands and where it goes from here and the latest developments just in the last few hours. we're also talking about vladimir putin overseeing the first russian nuclear drill since the war in ukraine began. we'll take you live to kyiv after the break. relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. before we begin, i'd like to thank our sponsor, liberty mutual. they customize your car insurance, so you only pay for what you need. and by switching, you could even save $652. thank you, liberty mutual. now, contestants ready? go! why? why? only pay for what you need. ♪ liberty. liberty. liberty. liberty.♪ peaceful state.

full plate. wait, are you my blind date? dancing crew. trip for two. nail the final interview. buy or lease? masterpiece. inside joke. artichoke. game with doug. brand new mug. come here, kid. gimme a hug. the more you want to do, the more we want to do. boosters designed for covid-19 variants are now available. brought to you by pfizer & biontech. it's the greatest sandwich roster ever assembled. next is the new great garlic. the tender rotisserie style chicken is sublime and the roasted garlic aioli adds a lovely pecan flavor. man, the second retirement really changed you. the new subway series. what's your pick? ♪ ♪ ♪ ♪ ♪ ♪

♪ ♪ ♪ ♪ today, in iran, thousands of people gathered in the hometown of mahsa amini marking 40 days since her death in police custody, a crowd of people marching to the cemetery where she is brurz and they're chanting -- buried, and they're chanting women, life freedom, and security forces clashed with protesters, and saying the forces have opened fire on the protesters. we have not been able to verify that news. a new round of sanctions are targeting iranians for those who are responsible for the

crackdown on the protesters. >> this is a milestone if you will. keir simmons is here. 40 days since mahsa amini's death and a potential escalation now against the demonstrators according to human rights groups. >> reporter: the crackdown continues. despite the action from washington. you're right, 40 days is a culturally important time in iran. the end of mourning, after 40 days. so the idea that folks would gather at that time, well, that's a natural thing. but what is extraordinary, what is stunning, is that once again, you have thousands out in the streets at mahsa amini's hometown, in the place where she is buried in northern iran and take a look at that picture, that picture of a woman standing on top of a car, a line of cars, her arms in the air, not wearing a hijab, not covering her head, and what an extraordinary picture that is. frankly, there is nothing i can say right now that would say as

much as that picture does. i can tell you that the iranian news organization says about 10,000 are out on the street. i think you can assume that the number might well be more than that. but again, frankly, whenever washington says and whatever washington says and does and clearly there is an attempt by the biden administration to demonstrate support for these protesters, by sanctioning more than a dozen iranian officials, no matter that, the facts on the ground, what is happening on the ground, that is what is making history right now. >> keir simmons, you were right, it is a powerful and compelling photo. i appreciate you walking through the latest developments from here. vladimir putin today overseeing annual drills by russian nuclear forces, and war gate, meant to simulate a massive nuclear strike according to officials there and repeating a claim from senior russian officials, and without evidence, ukraine plans to use a so-called

dirty bomb on its own territory and the u.s. and allies saying that is not truce, false, and a pretext for putin on escalate even more in ukraine. ukraine for its part saying russian forces are doing secret work at europe's biggest nuclear plant. cal perry is in kyiv for us. let's be clear here. these drills, these nuclear drills, planned in advance and russia notified the others beforehand and given the tinder box in ukraine, this is an incredibly tense time to go through with this. >> reporter: anyone living in this country is desperate for any information they can get about the possible threat. and the way that it played out today on russian tv was terrifying if you live in this country, because these nuclear drills are designed, according to the russian defense minister, to be a response to a nuclear attack on russia, and in other words, an overwhelming nuclear response in case there were to be some kind of nuclear device set off, and they have already laid the ground work, as you clearly laid out, by saying that

ukraine is looking to do that. keep that map up. when you look at the map, zaporizhzhia with the nuclear symbol around it, the biggest nuclear power plant in europe and the staff inside are not just being tortured and not just being killed, they're forced according to the government forced to sign new contracts that they work for a russia company and work for russia. what you have is russia holding hostage, russia holding hostage these places that could cause incredible amounts of damage. and the other thing that i want to mention, on the russian tv today, they were giving specifics, there would be a nuclear explosion in this place, around this time, with this kind of rocket, and then the media will be taken, and they will be shown, and it is going to be a setback, they don't tail is misinformation, or disinformation and i'm sharing to give you an idea of what the people in ukraine are getting, the information they're getting and getting the information at the time the power is going out and the tv is knocked off and the time where the humanitarian situation is only getting worse. >> cal perry live for us there in kyiv.

thank you. still ahead on the show, we're learning more about what the gop field may look like, not next month, but in 2024. the moves they're already mericing right now behind the scenes, coming up. what will you do? ♪ what will you change? ♪ will you make something better? ♪ will you create something entirely new? ♪ our dell technologies advisors provide you with the tools and expertise you need to do incredible things. because we believe there's an innovator in all of us. who's on it with jardiance? we're managing type 2 diabetes and heart risk. we're hittin' the trails between meetings. and putting the brakes on fried foods. jardiance is a once-daily pill that...not only lowers a1c, it goes beyond to reduce the risk of cardiovascular death for adults with type 2 diabetes

and known heart disease. and jardiance may help you lose some weight. jardiance may cause serious side effects including ketoacidosis that may be fatal, dehydration that can lead to sudden worsening of kidney function and genital yeast or urinary tract infections. a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis or an allergic reaction, and don't take it if you're on dialysis. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. a once-daily pill that goes beyond lowering a1c? we're on it. we're on it with jardiance. ask your doctor about jardiance.

okay. yes, we are just 13 days away interest 2022 but some people, meaning the 2022 midterms, election day, some folks looking ahead to the next election day. they are looking to 2024 and the shadow campaign that's happening more discreetly across the country right now. the campaign for president with some gop hopefuls not named donald trump already doing things people usually do when looking at a white house run. campaigning across h the countr dodging questions on if they'll run for now. >> yes or no, ron? will you serve a full fur-year term if you're elected governor of florida. it's notle a tough question. it's a fair question he won't tell you.

youngkin-lake in 2024 >> i'm proud to report having traveled to more than 32 states over the last 12 months -- >> politico reports florida governor ron desantis is building ais national donor network. mike pence isnano laying out hi vision in speeches acrossut the country, doing thatee for month. glen youngkin campaigning in like wisconsin today. other than republican heavy weights are making moves. tom cotton, tim scott, nikki haley,t, getting out to key ear voting states. none of these folks are waiting on former president trump to make up his mind or officially announce he's mader up his min at this point. with thend trump team for its pt starting to talk about building a 2024 campaign apparatus if he decides to run, meredith mcgraw is here with what her sources are saying.

you're covering not just 2022 butst two years ahead on 2024 a well. we know, i've heard this, like i remember making i calls last ye i think, right after inauguration getting the landscape for the next election and people were like hallie call me after the midterms because that's when things will pick up steam. we'rel seeing that already at this point. >> we are.t i was talking to reign operative when reporting for this story and they were like my focus is on the upcoming midterms but actually here's what's going to start happening on november 9th, the day after, and that's really this look a ahead to 2024. we've already, as you outlined, seen so many of these republican stars and potential 2024 candidates start campaigning for republicans, some of them are working t on books, which is ki of seen as a media exploratory committee in some ways.

they've s been talking to major donors, building out donor networks across the country, and they're doing all of this without thinking of what trump might do. now the former president has not made a decision yet, but we are getting indications from his team that they're thinking about what a campaign apparatus would look like, who would fill srn roles. i reported yesterday that they have one republican operative in mind for the role of campaign manager, although nothing has been set in stone. seems like there's momentum forward towards 2024 even though we haven't made it to election day. >> election day 2022, i know, and the election day fatigue is real. what's interesting on the trump factor you write there are conversations in his team related to donald trump on how the midterms go and how that might play into his thinking, republican gains in the senate and wins by trump endorsed candidates can give the

ex-president more momentum to run. if it's lackluster, donors and trump alternatives say the dynamics will be far less certain. >> yeah. the former>> president has been paying really close attention to polling and how things are going and xapds for some of these candidates himself. he's going to be making a visit to iowa anda more rallies comi up and maga aimed trump super pac spending money on ads and support of candidates he has endorsed. he's keeping an eye on how some of these candidates fair and might reflect back on him. you know, at the same time for all these other republicans, i would expect they're trying to figure out the timing ofin when they might want t to announce themselves, because as we pointed out in the story, if they get into the race after trump announces, that could be seen as them pointing out to trump as being a vulnerable

candidate and that could have certain effects as well on how the former president might go after them or treat them in a primary. >> meredith mcgraw from politico, thanks. thanks to all of you for watching this hour of msnbc. i will be back home in d.c. tomorrow. find us on twitter @hallie on msnbc. for show number two tonight and every week night at 5:00 eastern. nicolle wallace picks it up with "dead line white house" right after the break. house" right after the break. 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. ozempic® isn't for people with type 1 diabetes.

don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. join the millions already taking ozempic®. ask your health care provider about the ozempic® tri-zone. announcer: you may pay as little as $25 for a 3-month prescription.

think he's posting about all that ancient roman coinage? no, he's seizing the moment with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company.