abundantly clear that this woman is very powerful today. >> wow. chief correspondent at "variety," thank you very much for that update. really stunning development in that trial. >> all right. that does it for us this morning. thank you for joining us. we'll see you tomorrow morning. jose diaz picks up the coverage right now. >> good morning. 10:00 a.m. eastern. we're keeping a close eye on the house floor. we wait for an important announcement from nancy pelosi. her spokesperson tells nbc news she will reveal her future plans during a speech on the house floor some time today. and there you see it beginning opening of congress today. a source tells nbc news pelosi took home two versions of the speech she plans to deliver some time today.

>> the house will be in order. >> this comes one day after nbc news projected republicans will take control of the house of representatives in january with just a razor thin majority. with democrats poised to hold on to the senate, president biden will face a divided congress for the next two years. speaker pelosi issued a statement after the call saying in part -- t -- with us now to take a closer look at this, nbc news capitol hill correspondent and former maryland congresswoman donna edwards. ali, is there a sense of what nancy pelosi intends to announce today? >> you know, jose this is one of those rare moments that congress is sort of frozen waiting for the future to be unraveled in front of them.

in the conversations that i had with my sources since yesterday when we reported that this decision was imminent, it's clear that everyone else's aspirations for leadership or what this minority might look like all hinge on her future decision. percolating in the background is the fact she had made a pledge several years ago that this term of congress would be her last in terms of serving in leadership. unclear if she will continue to abide by that pledge. but look, right now, this is a guessing game. and a rare one at that. this is a building that is just completely held in suspense. i was down stairs. there was a house leadership meeting taking place in the basement of the capitol. members in and out. everyone being asked the same question.

they talked with having leadership aspirations and for the other two men that make up top three of this leadership apparatus and have for years under nancy pelosi h clyburn saying he floonz stay in leadership regardless of what pelosi does. the where when i talked to him a few minutes ago, mum on his plans. he told me he is very much waiting to hear what speaker pelosi does. this entire caucus trying to give her the space because who have she, is the trailblazer she is here as a woman in the house. the first female speaker here. but also as someone who has led this caucus over the course of more than a decade. someone that has such a presence in this building and now everyone just waits to see what she's going to do next. >> i'm told she hasn't arrived to that meeting down there at the capitol as of yet.

but she's going to be telling them first or are they going to find out just like everybody else -- she's just arriving right now i'm told. >> yeah. that's sort of the question a lot of people are asking. we came into the building this morning which is we knew that 9:00 a.m. meeting was on the schedule. she didn't go to that meeting. it broke up. members have since left. there is no greater sense of what the decision is here. but pelosi did come into the building and, look, we said this at the beginning of the segment. rarely are secrets kept in washington. it makes sense given all of the sensitivity that we have been covering around this decision. will she stay? will she go? i have to tell you, even yesterday as i was talking to my sources, someone made the point

that i heard from dozens of people in the last week which is trying to ghaes nancy pelosi is trying to do here. she is very much on her own time line about this. she is making paths with many factors going into this and right now this is truly a waiting game. i can only tell you the vibe here on capitol hill is one of such suspense, such excitement to see what this decision actually is. so many democratic sources and lawmakers texting me, texting each other, everyone trying to figure out what the latest is. but really this is something that is going to come from the herself. >> she is such a good figure on capitol hill. she is the force behind every major bill that came out of the congress since she joined leadership.

>> i do think that, you know, to the extent that there might be a generational change that will take some adjustment. i think the value that democrats placed in their unity is going to be really important. there are leaders that collectively can step up in the singular shoes of nancy pe losey. i don't think it's going to be any one member's job. pelosi has been, you know, truly masterful in her strategy and policy and politics. navigating very diverse caucus and it will take some doing for members stepping up. they can exact that same thing. a very difficult and contentious environment. >> you certainly were a part of

negotiations, discussions with certainly conversations with nancy pelosi. talk to me about just the uniqueness in her position. >> like a lot of people on capitol hill, they appear to be jeemly partisan. and certainly, nancy pelosi has some strong liberal credentials. even for republicans had, when we were trying to work on bipartisan legislation when we were trying to get the house unstuck, for example, during government shutdowns. pelosi is always very open and willing to listen and willing to engage. she is going to make this decision. but she has the option of making the decision. they expect the democrats will be trounced in election and pelosi has no option but to

leave. she still has that choice. >> yeah, i mean, meanwhile, with republicans taking control of the house, kevin mccarthy is likely to be the next speaker. he's dealing with a caucus with divisions as well. what you are hearing from republican lawmakers? kevin mccarthy to get from 188 votes which is what he received in the party's internal election to 218. there are some members out there like matt gaetz from northern florida who are saying that under no circumstances will he support kevin mccarthy. now mccarthy can probably only lose three or four votes. we'll see how the last few races are called. he struggled to get to 218.

so imagine with just 220, 2 221, 222 how difficult it is to get to 218. kevin mccarthy is the favorite. he does not have this lockdown by any measure. >> just how much power, influence does a speaker have? >> it's huge. nancy pelosi, so many of the people in these halls of congress revere her. she helped them in the campaigns. she is regularly someone who knows the pulse of her conference. it is always said that this is a person who would never take a vote to the floor unless she knew exactly where the votes were. that is the knowledge she brings. not just as a role to legislature but role as a vote counter and someone that can bend the arms of unwilling colleagues to get onboard, especially consider the last two years. the fact she is governing with margins that will make kevin

mccarthy's look small, he'll have an even smaller one than she's h but she's been dealing in in the single digits of trying to keep all parts of her very wide caucus onboard. every book you read about pelosi. it comes down to the key playing of leverage. she is someone who understands the way of wielding power. so when you look at the people who may come up in the next generation of leadership, the fact that we often talk about this trio of lawmakers in hakeem jeffries who is currently in leadership and katherine clark and key aguilar, these are the next generation of people that could likely throw their hat in the ring. she bends the structures of power to the thing she is trying

to accomplish at that moment. and you just look at the lektive priorities she tackled. they hang over the impeachments we saw. going back further than that, getting affordable care act through. doing things earlier than that on equal pay. it comes back to the leveraging of power, how you get things done and the experience that she has in this realm is just frankly unparallel. >> you know, wondering when, you know, what do you see as her most important legacy? >> well, it's hard to put a finger on that. her leg as a lawmaker before she served in leadership is legion. her leadership of the caucus, especially in at the minority where she was able to use that leverage. i served on her leadership team and work with her closely.

i know this. where she was able to keep her caucus unified. she had a boehner led congress over a ryan led congress. she fully negotiated. i would put it at the top of that list, of course, the affordable care act. when everyone else gave up from the president all of her leadership said move on from the affordable care act, she refused to move on. and i think it is because of her steadfastness that the affordable care act was passed into law. >> speaker pelosi at the age of 82 has comparable years in the house as mitch mcconnell does. it does strike me a little bit that this conversation, there is almost a foot tapping of will she stay, will she go? she has to make a decision. that's not the same conversation that we've been hearing around

mitch mcconnell. you and i often talk through the lens of race and gender. it does strike me on the gender front that this is the conversation that we're having about pelosi. i think the conversation should really be viewed through the lens of the pledge she made several years ago that these would be her last terms in office as a leader. there is also a signalling from the office that we should point out that there is a chance she stays incongress but leaves leadership. that would allow them to maintain the very tight margins. not launch into a situation where newsome is announcing a special election or appointing someone to the seat. but again, this is sort of an unchartered territory piece of time because of the fact that democrats were able to stave off the historic loss that's they were preparing for. pelosi is one of the few loud voices about the chances of her party to do well in the midterms

and once again, she sort of been proven right there. >> and, ali, while all this is happening, the senate is voting to move forward on a bill that would codify protections for interracial marriages. remind us what this legislation would do. >> yeah this is something that is sort of brought over from the period of time in congress here before the -- before we enter the lame duck now. this period of time after the midterm elections. yesterday the senate held a vote that was very telling. technically just a procedural measure to get them on to the ability to actually vote on the meat of this bill which would codify protections for same sex marriage. it wouldn't do what the decision did in the supreme court which is compel states to issue marriage licenses to same sex couples. but it would offer federal protections for those licenses that have been issued in states that allow same sex marriage licenses to be issued. so again, the enshrinement of rights that could be on the table or on the chopping block of the supreme court.

dobbs overturned the roe versus wade precedent. that was 50 years in the courts. the decision that protects same sex marriage has far less decades of protection than that. o so this is an effort by democrats and republicans both to make sure they are shoring that up at the federal level if the supreme court were to take it on. they needed ten votes from republicans to be able to hit that magic number of 60 that they talk b that passes with 62 votes from all democrats and 12 republicans. notable especially as we move into this next phase that likely comes after thanksgiving. we're charting the time on it. but this was a key legislative priority for both senate democrats and the republican who's were working closely on this as well. >> and so ali, thank you so very much. donna, before we -- i like your thoughts on what do you think

nancy pelosi is going to say today sfwh. >> i wouldn't want to guess or second guess the speaker. what i'll say is that i think as she had said she's going to consider this with some deliberation. obviously, she looks at this state of the caucus and her own personal considerations. and i think whatever the decision, nancy pelosi is going to be around for the next leader of democrats as a sounding board and for guidance. i think that much is really clear. she's that revered within the caucus. i think we all just have to stand by and await her decision. >> which will come, who knows, maybe just in an hour or two. >> the republicans have a task of uniting their caucus s that something that you this i is going to be easy? >> it's an uphill climb for

kevin mccarthy. i think he has a good chance. he has a lot of good will in in the conference. the is respected and liked across the conference. but if he doesn't, i really think we could see for the first time ever at least in a very long time a house speaker elected with bipartisan support. because if kevin mccarthy cannot get it, i don't know which republican could. and that, jose, would just be something totally remarkable and new and a game changer for the u.s. house of representatives which has forever been a majority institution if they're able to elect a speaker with bipartisan support. it would just completely change the math in the house. >> carlos and donna, thank you for being with us this morning. >> with us to continue our conversation is our new york congressman richy torres.

always a pleasure to see you. i'd like your thoughts first on speaker pelosi who is announcing her future plans. how do you see the future of the houts with or without pelosi as speaker? >> look, the capitol has more suspense than a movie theater. but, you know, i see no point in speculating about what the speaker will ultimately decide. i know it's a personal priority for me to see hakeem jeffries become the first african american speaker in u.s. history. that will be profound breakthrough not only for the democratic party but for the country as a whole. and i want young black and brown kids in places like the south bronx to see themselves of the future leadership of our country. >> so you would not support nancy pelosi going forward? >> oh, i did not say that. i just said that i would love to see a new generation of leadership and congressman hakeem jeffries is the future speaker.

>> congressman, 12 republican senators joined democrats to move forward with the bill that would codify protections for same sex and interracial marriages. paving the way for it to get through the senate. this bill is different than the one passed in the house over the summer. will you and your colleagues support it? >> i will fully support the marriage act. what congress particularly the senate should done for the right to abortion. we're enshrining it in federal law to protect it from the whims of the supreme court. clarence thomas is on a crusade to dismantle the doctrine of substantive due process, right to privacy, mantcy, right to marriage, and so instead of standing on the sidelines and allowing the rights to be stripped away by the supreme court, we have to be pro active in protecting them with the fierce urgency of now. >> and meanwhile, congressman, senate majority leader chuck

schumer made protecting dreamers another priority. do you expect something to get done on this? >> i'm worried daca. i have no confidence at all that either right-wing supreme court or majority in the house would protect the dreamers. so we are in a now or never moment. protect them in the lame duck session or run the risk of losing a critical program that is a lifesaver. >> and so what needs to be done now before, you know, january? >> we need to pass legislation that codifies the daca program so it is protected from the courts. >> congressman, always a pleasure to see you. thank you for being with us this morning. we appreciate your time. >> absolutely. >> thank you. >> and we will be keeping our eyes on capitol hill, of course.

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ukrainians are working to quickly restore power in the wake of more russian attacks overnight. kyiv braces for winter with the first snowfall of the season. this as officials say they made a horrible discovery on wednesday. 63 bodies of residents showing signs of torture. meanwhile, a rare public clash is unfolding over this week's missile explosion in poland that left two people dead. ukrainian president zelenskyy denied the missile came from ukraine's defenses. even as president biden says the evidence indicates otherwise. still, both u.s. and polish officials accused russia of being ultimately responsible for the incident after launching a barrage of missiles on ukraine in the first place. joining us now, our correspondent molly hunter and ben hodges who served as commanding general for the u.s. army europe. he is now a senior adviser with human rights first. molly, what are officials in

kyiv saying about the fallout from that explosion in poland? >> yeah. i want to be clear about the time line. it actually does appear that ukrainian officials seem to be climbing back just slightly. so that explosion happened on tuesday afternoon. and president zelenskyy at his foreign minister and other senior officials were very quick out of the gate to say this was a russian missile. president zelenskyy was adamant even after the evidence and statements from the polish leadership, even from secretary of defense lloyd austin saying they have full confidence in the polish investigation and president zelenskyy doubled down yesterday afternoon. he said not our missile. not our missile strike. jose, by yesterday afternoon, into the evening, we did hear from president zelenskyy. did he not make that same claim. he said we expect to be involved in a joint investigation. that seems to be fair. he demanded access for ukrainian investigators to the site. now flash forward to today. ukraine experienced another wave of russian attacks according to

ukrainian officials. 16 more cruise missiles, five drones just today which, of course, as you mentioned is knocking out more power for more ukrainians. but president zelenskyy spoke today and did he not double down on that claim again. he said that they will get access to the site. the polish leadership confirmed that. so this appears to be a little bit of a climb down obviously as you hear from american officials, president biden, of course, who says, yes, this evidence that the polish leadership put forward seems to square. i do want to say did you show pictures of kyiv in the snow. our understanding from officials still is that ten million households across the country that, is households not people, are without power. emergency rolling blackouts are in place across the country. that means some customers will just be getting two to three hours of electricity in this

very cold weather. >> lieutenant general, ukraine is asking for more western air defenses. how do you think the pentagon is reacting to that request? >> well, jose, molly's report by the way was excellent. she just highlighted the whole reason that russians are going after the power grid, to make ukrainian cities uninhabitable so that millions of ukrainians will head further into europe which put more pressure on european capitols and then on kyiv. so this is another example of the kremlin's weaponization of refugees. the other reminder is they continue to murder innocent people. so, of course, number one priority for ukrainian minister of defense is air and missile defense capability to protect innocent people. that's the russians only tactic. i hope that secretary austin is able to find more capabilities

both ours as well as other allies. the fact of the matter is, though, we don't have enough. when i was commander in europe, one betallian a patriot is it. so this is a shortage that we all have. >> lieutenant general, how do you see this incident zelenskyy initially sent and then molly telling us just today, yesterday, saying that, no, no, it wasn't a ukrainian missile. it wasn't from ukraine. is that changing his credibility on this issue? >> i don't think so. look, president zelenskyy has been under attack, literally for nine months as has his entire country. he has been such a clear voice for so long. i think people will forgive him a little bit if he -- maybe he got it wrong in this case. the point is for me, how impressive the polish reaction,

the reaction of nato to not overreact. the process is that we have are mature, thoughtful and less than 24 hours they have pretty much figured out what it probably happened. so that is sort of cool, calm leadership i think is very important. and we'll continue to support -- continue to support ukraine. i do hope that this will -- this combined with the fact that we hear almost nothing about people being concerned over nuclear strikes anymore, not since president xi gave a warning to the kremlin not to use nukes and not to even threaten nukes. we don't hear that much more. i hope these factors will cause the white house to reconsider its restriction on providing the longer range missiles, 300 kilometers which will be able to hit a lot of the possible launching sites inside ukraine. >> general ben hodges, thank you

very much. good to see you. appreciate your time. >> and we have breaking news this morning. the associated press reports a dutch court just convicted three men for the murders of 298 people killed on malaysia airlines flight mh 17 in 2014. the three men convicted are two former russian intelligence officers and one ukrainian separatist leader. plane was flying over eastern ukraine which shot down eight years ago. everyone onboard was killed. the judge presiding over the more than two-year-long trial said there is no reasonable doubt that mh 17 was shot down by a russian missile system. up next, we'll talk to the aclu lawyer who sued the biden administration over title 42 and won. what he says the decision means for the future of thousands of migrants. for the future of thouf migrants (snorting) if you struggle with cpap...

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security committee on threats to the homeland. this comes as a federal judge granted the biden administration's delay of title 42 for five weeks until the 21st of december saying they grant the request with great reluctance. that same judge struck down title 42, the trump era public health measure that has been used to turn away more than two million people trying to cross the border, trying to seek asylum. with us now is our homeland security correspondent julia ainsley. the administration said they need time to transition. transition into what? >> well, transition into what will mean eye number of migrants now being able to come across border and claim asylum. since the beginning of the pandemic, back to march of 2020, most migrants who have come to the border have not been able to cross and claim asylum. there are a number of exceptions and the exceptions that

oftentimes families with children under 7:00 cross. ukrainians can cross. often venezuelans can cross. the now that is the no the case. but central americans which made up the bulk of migrants coming into the u.s. before the pandemic, those by and large are pushed back into more than mexico not allowed to make the claims. they're trying to prepare to be able to asylum officers ready. numbers became high at the border and people were able to claim asylum. they can push people back. but it's been into conditions that have been really terrible for them in northern mexico. so now they're preparing to allow them into the u.s. and it's going to take quite a bit of planning i'm told. >> yeah. and lee, every country has a right and the responsibility to control the borders. you were the head lawyer in the aclu lawsuit against title 42. what about this policy is that

you oppose? >> well, i think there is a couple things. one is that we've always said if you want to have a debate about tweaking the asylum system and warfare more efficient, fine. but what you can't use is the public health laws. its a misuse of the public health laws. it's a pretext we need to send them back to mexico or their home countries because of the danger. and the policy has an innocuous feeling. but it's done real harm. literally families are pushed back other the bridge at night and parents are holding children's hand while they walk back across the bridge. the u.s. government knows the cartels are sitting at the other endst bridge waiting for them. it's literally like the families are walking a plank which one judge pointed out. we need to have a debate about a more efficient and fair asylum system. but we cannot do what title 42

did which is outright deny people the right to claim asylum, what julia pointed out. people need to understand that title 42 wasn't a limit on asylum. it was an outright denial of asylum. that is inconsistent with the values of this country. and the laws. and we made a solemn commitment after world war ii we would never send people back to danger without at least letting them tell their story why they feared going back. we have not had an asylum system for two years. the trump administration put this policy in place. it was extremely unfortunate the biden administration kept it. hopefully this case that we brought with our partners will now end title 42 for good. >> and so, lee this extension that the administration is asking for, legally what would be the reasoning to extend it? >> so what the administration claimed was that they needed time to change from the title 42

process to the regular asylum system and that there would be additional people coming. they needed to get buses there. they needed to have places for people to stay at night. you know, that what they claim. and ultimately the judge, as you pointed without great reluctance allowed it. it's better than a vulnerable state which they asked for to stay rulings pending appeal which could be months or months. ultimately, it is what it is. five weeks is better than the policy continuing indefinitely. >> yeah. and, you know, it's just important to say, title 42 is supposedly a health policy not an immigration policy. and it seems as though for more than, you know, 40 years, that's what it's been. lee and julia, thank you both for being with us this morning. appreciate your time. >> thank you for having me. >> now reports of death sentences being given to iranians who protested the death

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because just one dose can help protect me from pneumococcal pneumonia. ask your doctor or pharmacist about getting vaccinated with prevnar 20® today. it's been two months since a young woman died in a hospital three days after being taken into custody of iran's morality police for allegedly failing to adhere to the strict dress code. protests continue across iran despite increasing government crackdowns. death sentences have been handed down to five protesters who were accused of violence according to the news agency run by the iranian judiciary. we have not confirmed it. there are unsure whether other sentences have been handed down. joining us now is iranian journalist and activist. thank you for being with us this morning. what is your reaction to the

reported sentences and what are you hearing about this inside iran? >> to be honest, this is not acceptable. the 21st century that a regime sentence peaceful protesters to death. i have to say 200 -- more than 200 members of parliament signed a letter and asked the judiciary system to execute protesters. so far, yes, there is official media and those just some of them being sentenced. but we have 15 -- sorry, 15,000 people in prison right now. just yesterday, iran yan regime killed children. we believe that iranian regime is committing war crimes. because they actually vandalize people car. they break the doors and

windows. they go inside the houses of people and they shoot them inside their home. >> it's something that is prevalent, been going on, it's not new. 1979 down to 2022, we see that is a pattern. i wonder, protests have been going on for two months. is there any way that this momentum can get anything done? just seems like it is always so difficult. you have people against the repressive, you know, totalitarian system. how does this end? >> look, i have to tell you that the more regime kill people, they create more anger. and people get more determined to take back to the streets. yesterday -- i mean these days are the three anniversary, the third anniversary of the

program. iranian regime killed 1500 people. but now you see they're taking back the streets and the whole regime. people made up their mind. they're not going back home. they are not going to end the islamic republic. they want a regime actually yesterday killed dozens of people in the city. one of them was -- you know what happened? he actually put it on his instagram story that i might not be able to go back home. this might be a last day of my life. i'm going to sacrifice my life for iran. he is not the only one. and she got injured. but she posted her picture and saying that i would take back the streets. my country is wounded.

but still sovereign. people are taking back the streets. they want the rest of the world to extend that. they have to address this. the way that they address the team. because before this is happening in iran. war has imposed by iranians and unarmed people by the islamic republic. >> you know, i think back a lot like, for example, in 1956 uprising in hungary, lead by university young people asking the world to support them. and the world turned their back on them. we saw in 2009 the green movement in iran. the world turned its back on it. we see the 11th of july of last year in cuba young people taking to the streets asking for freedom. the world turned their back on them. how important it is that world not only not turn their back on it but support these people? >> your question touches my

heart. i mean, it's personal for me. i'm being in touch with these people. and they're like begging the rest of the world not for saving them, no the for saving iranian people, to stop saving the iranian murderers. you know, i just met with president macron last week. i was in paris. and i actually told him that we need a people of iran are trying to save the rest of the world from one of most dangerous regime which is the islamic republic. the regime which sends drones through to kill innocent ukrainians. i asked president macron to recognize the uprising as it is. it say a revolution. and he actually is the first leader of g-7 which recognized the islamic iranian revolution and asked its own allies. i think this is the time the leaders of countries must take action and must recognize the

iran revolution. clearly, teenagers are getting killed, children are getting killed. men and women are facing guns and bullets every day and they want to have dignity, democracy, freedom. and these are the values that we all people around the world, democratic countries share. we look like people in the west, not those -- right now i'm talking to you, many teenagers are in prison being raped, getting killed. my heart is broken. this is the moment, the revolution is taking place in iran and we are demanding the world leaders to recognize this revolution and stand in the right side of the history. otherwise the iranian regime will kill more people and children. >> masih alinejad, thank you very much for being with us. i always appreciate your time. >> and i thank you for not abandoning iran. thank you. >> thank you so much. up next, elon musk gives

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54 past the hour. this morning twitter employees have a little over six hours to sign an ultimatum issued by the company's new leader elon musk. requires them to agree to stay with the company and commit to what he calls a hard-core work environment with long hours or leave within three months and have three months severance. musk already laid off half of twitter's employees including the company's top executives. joining us now is msnbc senior reporter, ben collins. how is it going? >> it comes hours after elon musk going through internal slack message and is twitter accounts of employees to see if anybody had criticized him in any way. the people who had were fired. and then after that, in the middle of the night, about midnight, pacific, people got the email saying you have until 6:00 p.m. to make this decision. now, look, internally, i think a

lot of people are going to take this thing. they've been looking for ways to get out of this company since he took over because they don't trust the leadership, the website is breaking. he has -- people are working the long hours, sleeping overnight for conceivably no purpose. this guy has up ended -- what remains of the company afterwards, i guess we're both going to see. >> and something that he very clearly has in mind. it's not something you don't fire half the people that work in a company unless, you know, you have a plan, ben. i think. >> i mean, i don't know. this guy signed some paperwork eight months ago that became very clear he didn't really want to sign. and then later on spent seven months trying to renege on it. if he has a plan, i would like to see it as it is not a publicly available one.

>> ben collins, always a pleasure to see you. thank you very much. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on twitter and instagram at jdbalart. follow the show online at jdbalart msnbc. thank you for the privilege of your time. yasmin vossoughian picks up with more news right now. you want what's yours. that's why tide loads of hope is expanding to provide clean clothes to more people in crisis. with every purchase of tide hygienic clean you can help too.

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