so some serious economic warnings on wall street as we're coming on the air, take a look at this, the last hour of trading and all of the big markets are taking a dive. the dow down something like 730 points as we speak. with investors concerned that the fed will be tipping the u.s. economy into a recession, 24 hours after the seventh interest rate hike this year. we have our economic team standing by. also this hour, the new dc drama bubbling up in the senate. lawmakers voting now so they can eventually get to a bill to avoid a government shutdown. the clock is ticking. we'll take you to the hill. plus the new plan being rolled out by the white house on the trifecta and what officials want americans to do and not do as we officially get ready to hit winter. we have the covid response coordinator dr. ashish jha joining us live this hour. >> i'm hallie jackson in

washington. bob pisani joins me from the floor of the new york stock exchange and brian cheung. why are investors so worried right now? why are we seeing so much red? >> the problem we have right now is the stock market can't decide what kind of economic situation we will have in 2023, so 2022 is about trying to figure out what kind of inflation are we having, we know it is fairly high but coming down, and 2023 is about trying to figure out what kind of recession are we going to have if any. there are a lot of people arguing what you call a soft landing that we will slow down but not dramatically. that's why the stock market has come off of the lows recently that it had in october but now the fed yesterday said we will stay higher for longer, interest rates stay higher for longer and it creates greater chances of a hard landing, a harder landing, and worst numbers today, industrial production, and people are arguing it will be okay, a soft landing, and now

they're on the defensive, and now more concern that the economy will be a little worse, worse than a lot of people thought. >> and how does this play into what the fed could or could not do and how should regular people, maybe don't get to watch cnbc as much as they like to, how should they be thinking about this moment? >> the federal reserve raised interest rates by a seventh time this year and albeit a smaller amount than the last four consecutive meetings but the fed is walking the tight rope between slowing the economy too much and not slowing it enough, to bob's point. and the story on inflation is far from over. the last read that we got in prices in america came on tuesday morning when we saw that prices rose by 7.1% in november, compared to the same time last year. that's well above the 2% pace that the fed would like to see. but if they get too aggressive on raising interest rates and slowing the economy, maybe that puts us in a recession next week with the unemployment rate spiking, the federal reserve expects to see the unemployment

rate rise from 3.7% to 4.6%. could it be worse than that, or might it be not as bad as that, we'll have to see. >> bob, are there any wildcards that could happen between now and let's say a year from now that could change the game? >> oh, yes, there's a lot of things. that's why the stock market is so clueless right now, and that's really a fair way to describe it. look, the fed keeps saying we're going to keep interest rates higher for longer. but the u.s. economy is still really strong. and the job market is really strong. there are people arguing, we're not in a recession right now because the job market is just too strong. they are trying to slow the economy, just enough. and we know historically the fed has a terrible track record at creating a soft landing in the economy. they usually overtighten and keep interest rates too high for too long and that's what induces the recession. we have very unusual circumstances here. with covid, two years on, and with what's going on in the russian invasion of ukraine.

this makes things really hard to figure out. i would bet long term on the strength of the u.s. economy, i'm perfectly confident that we're going to get out of this, the question is are we going to be down 2%, 5%, 10%, in the stock market next year, or simply just flat. it's just really hard to call right now. >> bob pisani, thank you. brian cheung, thank you as well. appreciate it. bringing you back here to capitol hill where we are, there is another economic headline here, you got the senate voting now on a procedural bill that would get them to a bill that would keep the government open, and running, and functioning, for one more week. just in time, as money is set to run out tomorrow at midnight. the bill will be, you will be shocked to hear, it until next friday, the day before christmas eve. capitol hill correspondent ryan nobles is following it for us. members of congress understand this well. what is up with this? is there a deal? >> nothing is easy in the united states senate. as you know, hallie. and what we have now is level of

negotiating between some erstwhile republicans who were not too satisfied with the idea with the agreement that was reached on an omnibus spending deal that would take government spending through next year and they're trying everything they can to try to basically break that deal up and using this friday deadline of the government shutting down as a way to negotiate. and it doesn't seem that republicans have a real appetite to completely shut the government down but there is a chance that these negotiations may take us past the friday deadline, which means that the government would technically be shut down over the weekend, but then they would be able to come back and vote on it, on monday. essentially, what's standing in the way of this right now, just the timing of the united states senate. they have rules in place, that say, you have to wait a certain period of time before voting on different pieces of legislation, and any senator can prevent that time clock from being sped up, and so that is where the negotiations are right now, and ultimately what is going to happen, hallie, they will vote to extend government spending through next week, and then

there will be some supplemental amendments that are voted on from then on, and kind of not specifically tied to, this and then the negotiations on the omnibus will happen next week. so eventually this is all going to get done. but as always, with the congress, it's not going to be easy. so we'll have to see how the whole thing plays out. >> can i ask you, i mean this in the most gentle of ways, what is the point of taking it to next week, and then just kick it again before christmas, to after christmas? >> so the hope is, at least, you know, by most of the members of congress, and we shouldn't say all, because certainly republicans that like to, as you say, kick it into next year, that they can get a tangible omnibus spending plan, the way that you're supposed to appropriate government funds, that would take it through the end of next year. and there is the belief that they can do that. they have agreed on a top line number. >> into next week. >> and they can do fla into the next week. so that would be the purpose of moving it into next week so they can cross all of the t's and dot all of the i's on that. there are a lot of things that could that up, because they will

try to, that could hold that up, where things could break down, but there is still optimism on that point. i can explain it at least through next week, hallie. beyond, that i have no explanation for it. and that's why i'm not a member of congress. but that's where we are right now. >> we will see you a week from today, ryan nobles. thanks, appreciate it. coming up we will talk about what the chair of the january 6th committee is telling our team about criminal referrals and when they're planning to hit print on the final report. late-flowing information that you will want to hear. and new reporting taking us inside the 2024 strategy president biden's allies are plotting including a big focus on his predecessor. we will talk about what is happening behind the scenes later in the show. first, three months after the president declared the pandemic functionally over, the white house is now laying out a new plan to fight a winter wave. we will have more on the white house covid coordinator in just 60 seconds. ust 60 seconds

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over at the white house, officials are laying out a new plan to try to fight off a winter wave of covid infections, restarting free at home covid tests and asking testing sites to be beefed up and a national strategic stockpile ready with masks and gowns and gloves and ventilators and they want you to do something, they want you to go out and get the updated covid booster. >> if every american does their part, every american goes out and gets an updated vaccine and if everyone american gets treated who sell gibl for treatment, he could have a very different winter and that is the goal of this effort. >> i want to bring in somebody who knows a lot about this, the person you just saw in that sound bite, white house covid response coordinator dr. ashish jha. thanks for being with me. >> thanks for having me.

>> and how big of a winter wave will we see? we talk a lot on this show about hospitals being at capacity. is our medical system ready for what is coming? are you confident in that? >> so first of all, we have seen both over the last two waves, substantial increases in the cases of covid and that's what we have been planning for. and what happens in the days and weeks ahead is largely up to us. if we do our part, all of us, people go out and get their vaccines, their updated covid vaccines, with the virus that is circulating today. people get treatments, then i think we're going to have a lot less pressure on our health care system, and far few people will get very sick and that will be a good thing. obviously, if that doesn't happen, then i think a lot of us are very concerned about what our health care system is going to be able to manage in the days and weeks ahead. >> that feels ominous. >> it is not about being scared. it is about taking action am the good news here is that we have the capability to manage this. but if we deploy them, if we use

them. and so i don't, i don't need people to be scared. i need people to take action, to protect themselves, protect their families, get the vaccine, and then if you have an infection, if you're at elevated risk, over the age of 50, a chronic disease, and evaluate treatment, widely available treatments and they are free and they make an enormous difference at preventing serious illness. >> i hear when you talk about getting the booster and that is the game changer here and i think everybody in the briefing room heard you in the last however when you made that very clear, that is the messaging, but when you look at the numbers, only about 14% of people in this country actually went and got the up dated booster so far. it seems pretty obvious that something is not clicking with the messaging, and i say that respectfully here, what has to change? what has to change to get that number higher? because what has been happening so far, doesn't seem to be getting through to people. >> so when you look at higher waves of infection that we've had, when the infections are up,

you see people going out and getting vaccinated. we want people to do it before numbers start rising. that is the best way to protect yourself. so i do expect that we're going to see more vaccinations, and the strategy here is the strategy that had worked over the last few years, to get people vaccinated, which is to work with trusted messengers so we have been working with faith-based groups and working with community-based organizations, and yes, it is important that the white house and the cdc and the fda and all of the agencies get the word out, but it is also really important that the local lead evers, governors, mayors, religious leaders, get the word out about the importance of these vaccines, so that people can protect themselves this holiday season. >> let me ask you, you talk about protecting ourselves, and masking is something that has become part of the equation. you've seen big cities like new york and cities out west, and advising people, recommending, not mandating, that people put masks on again and something interesting happening in boston where one group of parents is asking to bring back mask mandates and testing for a short period as they're seeing a rise in cases.

at what point do you think t back on the horizon at some point this winter? is that something that is in consideration? >> this is how i think about it, hallie. there are basically five key tools for managing this virus at this point. vaccines are the central, the center piece. treatments. testing. masking. improving indoor air quality. that's the five-point strategy. we think all of them are important. to be clear, vaccines are the center part of that strategy, and people should be availing themselves of as many of those as possible. so that is the message. masks clearly work. treatments work. vaccines work. people should be using these tools to keep themselves and their families safe this holiday season. >> and with the administration, have you ruled out the potential for mask mandates down the road this year? >> so let's be very clear about mandates. mask mandates have always been implemented at the local level. we think that's the appropriate thing.

that's a belief that i've had two and a half years well before i came into the administration. i always talk about local decisions because communities are different, spread is different. >> except for things like planes, right? >> so we have a federal judge that has blocked our ability to put masking on planes. so that is in the courts right now. and that is something that is being litigated in the courts. but mask mandates in general have been a local decision. and i think that is the right place for those decisions to be made. >> would you recommend them? >> what i would recommend is that when people are in crowded indoor spaces, wearing a mask can make a big difference. that is a recommendation that i've will before the, the whole time and i continue to believe that people should use masking as one of the tools they have. >> just a couple more quick questions for you, because the message forecast the white house is very clear today. it is a covid-focused day. i think it is fair to say. just several months ago, we heard president biden declare that the pandemic is functionally over.

is it safe for him to go that far? >> if you listen to the entire thing that the president said, covid is not over, it continues to be a challenge, and the president was absolutely right about that, that the virus continues to be further down, and continues to kill hundreds of americans every day, and it is all largely preventible if people get their updated vaccines an get treated some of the our focus right now is to be very clear with the american people, covid is still around, especially, a lot of covid out there, people can protect of protect themselves, protect their families, have a safe and healthy holiday season, if they do the things that are now easy, widely available, and free. >> any concern about any potential new variants, troubling signs on that front as we're seeing covid cases go up? >> we've seen a bunch of new sub variants of omicron that are very evasive, immune evasible growing in the united states and we're among this around the u.s. and around the globe and we have

bq.1, immune evasive and the good news is the new vaccines do a much better job of protecting you rather than the old vaccines and one of the reasons that we're strongly encouraging people to get the vaccine. >> dr. ashish jha, thank you very much. >> thank you. to what is happening on the hill with the january 6th committee. the report, months being created, it is getting ready for the printer today. and any criminal referrals are quote-unquote done, according to the chairman of the committee. meeting almost daily to talk about referrals, maybe with sitting members of congress. and you might know this, right, like the referrals don't necessarily hold legal power per se but house speaker nancy pelosi, probably in the last news conference in the role as speaker is giving her support. >> is there a value to criminal referrals coming from a legislative committee? >> i'm not speaking to any anticipation of what it is.

when they make their report, we'll see. just generally, writ large, of course. >> ali vitali has more. help us expecting, what we're expecting to see monday. and now, you're reporting, just in the last couple of minutes, whoa, whoa, hold the breaks. it looks like wednesday. help us understand. >> back to our original posture, hallie, they were always going to do this business style meeting on monday, we're going to see them on camera, in the hearing room, just as we've seen them, you know, a dozen times before, almost, and on monday, we're going to see them lay out some of their findings, they're going to vote to adopt the report, they're also going to tell us who these referrals are going to be, and the nature of those referrals, because they could be criminal in nature, it could be an ethics referral that comes here to congress, potentially the way that they deal with the lawmakers who bucked their subpoena, the republicans, and then there could be referrals for lawyers who were in trump's orbit who

did things that were unethical or even outright illegal, so those are some of the broad range that we could see on the referral side of this. those are, as chairman thompson said and as our sources have told us, pretty much done and we'll learn more about them on monday. what we're not going to get is the actual full report. that is going to come with all of it, eight chapters and executive summary and all of the appendixes and different transcripts that we're eager to look at. that is all going to come on wednesday. so you have a two-part process next week, as the committee rushes to finish all of their final work, parts of this, part of this report already at the printer so they met part of chairman thompson's deadline and he wanted it there by noon today but very much going through edits, all of the committee members, making edits in hard copy, trying to get it done for wednesday when we will see it in full. >> ali vitali, thanks. news just in on the jfk

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over at the white house, president biden is ordering the release of some formally classified documents that will shed some new light on the assassination of jfk, and some of the long-sealed documents will soon become public.

white house correspondent mike memoli is here now and this is one of the things that has a lot of intrigue around it, right? what -- what do we know about what is in the documents and what will stay sealed? >> it is important to put it in context. 1992, congress passed a law essentially within 25 years, that the federal government had to release the secret jfk files. so what did we see? in 2017, president trump ordered the release of some but not all of the documents on schedule. in 2021, during his first year in office, president biden ordered the release of more, but still not all of the documents. and then just today, the president yet again issuing a new memo, releasing even more, but still not all of these jfk documents. the key term here, hallie, is that there is the risk of quote identifiable harm that's been cited by difficult agencies within the government at the release of these still outstanding documents. now, 97%, according to

jean-pierre, and i was part of what we call a reading group at nbc five years ago when the biggest trove was released, a lot of what we looked through that was coming out was simply actually duplicates or extensions of documents that had already been put in the public sphere, a lot were routine background documents about facts and people involved. but by the nature of each limited release, we're getting down, with each subsequent batch, to what are the potentially most interesting documents that are still outstanding, i think that's what is so interesting about this. everyone is wondering, is there information about a grassy knoll, are different players involved, foreign governments, that's i think what we're talking about when they're potentially citing identifiable harm, and there were a lot of documents that i through five years ago about cuban or speculative involvement and we will be digging in to what the

archives just posted. >> mike, go and check. thank you. a little bit of a break, at least until the new year before we start talking about 2024, it's not us talking about it, it is our source, right? people close to the white house, who are talking with our team, about how to plot a campaign strategy based on the perceived threat of donald trump. whether or not he ends up being the potential gop nominee. and senate democrats are talking about it. including chuck schumer, sitting down with us exclusively about the daunting challenge to hang on to 20 seats next election cycle. peter nick class and sahil kapur are here now. and based on the reporting that you are doing here, along with some of our colleagues, democrats have been hedging on making mr. trump public enemy number one in 2024, whether he is on the ballot or not and focusing in large part about his comments about setting aside some of the constitution in order to basically overturn the

results of the election. >> well, i tink -- i think what we're looking at is by now, trump may not be on the ballot. he has changed for one reason or another and there may be a younger and fresh-faced candidate, maybe ron desantis, governor of florida, could step forward. if that's the case, what democrats would like to do is essentially tie desantis, or whoever the republican nominee is to trump. to force these candidates to basically take positions on whether trump is right or wrong, for example, when he says the constitution ask be set aside in the face of widespread election fraud. or there's no proof of election fraud on that level. so the idea is to turn whoever is on the ballot, if it's not trump, some sort of trump understudy. or trump clone. and then to potentially run against trump, even if trump isn't for one reason or another.

>> and while that may be the strategy that may be effective on the national presidential level, it is different on the state level, and the person who really understands that, or is trying to is senate majority leader chuck schumer who is looking to defend 20 seats in 2024. >> that's right. it is quite an audacious prediction from senator chuck schumer, who sitting across from him, in his capitol hill office yesterday, i had a lengthy interview, and he boldly predicted that democrats will hold control of the senate again in two years. if 2022 is typical for democrats, and 2024 will be more difficult. and what makes you so confident is what i asked and he cited several factors that are working in favor of democrats and recently-passed bills by the congress that are now law will start to deliver the next two years, and the inflation reduction act, and lowered prescription drug prices and the infrastructure law. you see it on the screen. that is going to, spending will ramp up there, and the chips and science act, there will be new semiconductors, plants that will

create jobs and he argued there are factors against republicans and will persist within the republican party and alienate suburban voters whether or not donald trump is at the top of the ticket for them. he also said that the conservatives, meaning the supreme court's recent decisions overturning abortion rights and expanding gun rights, have alienated swing voters away from republicans. so schumer is making a bold bet that all of these dynamics will still persist. let's put up what he said about the republicans. this maga influence he says on the party will not go away very quickly. they're very strong and they're very active and they're hard right. and he argues whoever the republican nominee is in 2024 will be pushed away from them and that is daunting. let's put that up on the screen. there are more than 20 seats the democrats are defending and three are in relatively safe red states. west virginia, montana, and ohio, that republicans are expected to carry out at the

presidential level and three democratic incumbents who will have to lev tate, well above the presidential ticket and defy gravity once again to have a shot in those three states. >> and when it comes to arizona, kyrsten sinema has filed formally, saying she is an independent and how does that play into the maps and the thinking that senator schumer and others are doing? >> it is quite a challenging dime for democrats. schumer, i asked him about it and declined to comment on sinema and her candidacy, and the chairman is declining to comment on how they deal with sinema. but one democratic strategist who works on senate races who i spoke to granted them anonymity to talk about this candidly, they're waiting to see how it shakes out and they don't know if sinema will run as an independent in 2024, and it looks like a trial run from her, and if she sees the path and the numbers seem to work out, she might do it and if the numbers don't work out, she is not the type of person who wants to go down in a humiliating defeat.

and there may be a three-way race between sinema, and a democratic candidate and a republican candidate, it could be problematic for the democrats because with all of her beef for the democrats and all of the clashes in the party, she is ideologically closer to them, votes with them more often and a reliable vote for them especially on nomination, presidential and judicial. so the idea of a three-way race, if it looks like it could flip the vote and roll out the red carpet for republicans, it may put a lot of pressure on democrats to hold that seat in quasi--democratic hands, because she is still helping democrats with a 51-seat majority right now. >> thank you both for the beats you will remain on for the next two years. i am sure. thank you. next up, back to the white house, and president biden set to meet with african leaders any minute now. we will show it to you live. and first why the international olympic committee is holding off on announcing where the 2030 winter olympics will be. the details and the climate connection coming up after the

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ago, in the beijing winter olympics, nearly 100% of the snow was man made snow. which gets at the heart of the question about the suitability of these types of conditions in order for these host cities to host the winter games. and that is why you see the ioc pushing off the decision about which city will host the 2030 games, as it further evaluates the climates that each of these communities are looking at into the future, let's take a closer look at the challenge that the ioc is looking at now. >> david wise, a three-time olympic medalist. >> my third olympics in beijing. >> has more to worry about than qualifying for the next games. he is wringing the alarm. >> i'm not a climate expert. i'm not a scientist. i'm a professional half pipe skier. i do have the opportunity to be a canary in the coal mine. >> nearly two decades practice can the winter sport giving him a unique perspective. >> over those 16 years i've watched the locations we've traveled to, and become more and

more uncertain that they'll be able to pull off an event or not. >> he's not the only one who has noticed. the international olympic committee, or ioc, recently announcing it is postponing setting venue for the 2030 winter olympics, citing concerns over climate change, and needsing to take more time to study all of these factors and opportunities to make the best possible decisions about future hosting. >> dr. daniel scott of the university of waterloo took a look at how climate change could impact the winter games. >> it is not just location. it is also about athlete safety. >> even when you have reliable temperatures to make the snow, you have to look at daily temperatures when the competitions are happening, it is well above freezing, you get those conditions that are really beginning to become dangerous for the athletes. in all of the different snow sports, in different ways. >> with climate change in mind, the ioc will use a different,

quote, more flexible approach to choose host cities and considering a proposal to require host cities to show average minimum temperatures of below zero over a ten-year period. >> winter is at risk. >> protecting our winters, nearly a decade ago, with the goal of pushing forward legislation to combat climate change. >> i have a voice here that people will listen to. when it comes to the topic of snow sports. >> even joining other olympians at capitol hill to lobby lawmakers on the issue. the actions they say taken today, will impact the next generation of athletes. >> the pipeline of elite athletes to get to the winter olympics has shrunk substantially so they have serious concerns about the future of the sport, not just where the winter olympics can take place. >> vaughn hillyard, nbc news. >> and take into account here, from that report that we referenced, if you look at the next 21 host cities and in the 21 host cities in the winter olympics, the average february temperature has increased by 10

degrees over the last 100 years. this is a stark reality which would not only impact the 2030 games, but of course, even of greater concern is what comes down the road. >> vaughn hillyard, thank you. president biden right now wrapping up a three-day summit with african leaders in washington. we were thinking he might see him for a photo. we expect to see it at some point shortly. the president saying he is eager to visit the continent but no concrete details when and where. and the last few days, committing billions of dollars in support and investments saying the u.s. is all in on africa's future, where china and russia have had a lot of influence. white house correspondent peter alexander has more. talk about the closing message to these leaders and the specter of china and rush that hangs over the summit, the white house will say that is not what this is about but it is very clearly the geopolitical backdrop here.

>> you're exactly right. this is all, in the words of the white house, reinvigorating the partnerships between the united states and african countries, 50 countries on that continent represented here at the summit as it wraps up today and the pred president will be speaking there again shortly. the investments announced over the course of this visit, $55 billion from the u.s. to that region to help support investments in agriculture and health systems, beyond that, focusing on issues like trade and infrastructure, and security, and beyond. and that's what the president's closing message was to the african nations and he had an important message in speaking earlier today. one of them is the president calling on there being an african union as a permanent member. the african union as a permanent member of the g-20 going forward. only a matter of months ago, the president had called on reforming of the united nations security council, so that africa would be represented there permanently as well.

so that is key, to have africa be better included in this conversation. as it relates to russia, and china, obviously, there has been a race between some of the global powers, the u.s., russia, china, among them, to try and better investment in that region. and the president hosting this event, in an effort to try to better communicate and make very clear to that region that the u.s., as you noted, is all in. not just $55 billion, in investments, from the united states government, but $15 billion in private sector investments as well. halgy? >> peter alexander, good to see you, thank you. still ahead, nbc news original reporting, our team, looking into allegations of racism inside a texas school district. where some parents say officials there are more worried about critical race theory. we have a closer look and the latest fallout coming up next. l.

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encouraging classmates to send and post photos of black classmates and that was the last straw for the investigations and demanded an investigation and meeting with administrators and that was in april, and now in december, the parents say they have yet to hear the outcome of that investigation, and the superintendent promised to address it. nbc's antonia hylton is here with a look at the original reporting and you found that you were talking to this family, the superintendent, and talk about what is happening, and the broader context that this fits in, and where this investigation stands, for a district that some say has more of a focus on let's say critical race theory than combatting what many obviously see as racist actions. >> it is interesting, at a time in texas, when so many people are pushing both the parents and the politicians, they have been pushing in some cases to talk less about race and issues of inequality in the classroom, black parents are increasingly coming forward in communities like lubbock and elsewhere to say that they're seeing these times of harassment and want administrators to not just take action but to talk about it and

bring accountability to the community. i spent time with black students in the district this past weekend. and they described hearing racial slurs, being called monkeys, as almost every day experience. and then of course, that instagram page that you just described, that was one of the breaking points for many of these families who have been pushing the administration to produce some kind of report, to give them answers about what this investigation into the instagram account entailed, because at this point, now, eight months later, they say they haven't received any answers and the school tells me that this investigation, it hasn't been solved, it remains open but this civil rights filing is a result of these parents saying that the school should have done more to prevent and respond to racial harassment. i want you to take a look at a conversation i had with brady, but also a sit-down i had with the school superintendent. >> i feel like i'm being looked

down at. >> how often did you hear the "n" word? >> it was an everyday thing. >> is there racism here? >> i believe that there is -- do i think our society is racist? absolutely. but i think it spilled over in the schools, i will say it can, there's no place for racism. >> the superintendent really emphasized the school has a zero tolerance policy and told many they interviewed hundreds of people about this instagram account. in speaking with the black families, none of them say they were interviewed as victims as part of that process. and they are still waiting for these answers. i i think it's important to put this in broader context. part of the reason we're seeing communities like lubbock turn to the federal government to start submitting these civil rights filings is because there's a sense among these families in many cases that locally action is not going to be taken on civil rights in texas right now.

they believe the federal government through all the statutes that are supposed to protect civil rights is more likely to take action on their behalf. so we're seeing a growing number of families really look past their own community leaders and now turn to the federal government for this kind of action. these investigations can take months or sometimes even years to resolve. >> we're dplad you're shining a light on this story. you can catch more on "nbc nightly news" at 6:30 eastern. we have some breaking news. the jury finding former police officer aaron dean guilty of manslaughter in the death of a 28-year-old. she was shot and culled through a window at her home in 2019. she was playing video games with her nephew and dean responded after a call from a thab. you want to bring in danny sa va lis. prosecutors have been arguing for a more serious charge of murder. that's not what the jury decided to do here. break this down for us.

>> the judge instructed the jury on what's called a lesser included offense. the difference is murder is an intent crime. they are arguing he intended to kill. this recklessness crime, manslaughter, requires that he disregard an unjustifiably so and consciously disregard a known risk. that's the difference in intent. the physical facts remain the same. so once you had that lesser included offense, what that tells us is the jury must have struggled somewhat. they rejegted the murder and they must have been at least considering the self-defense, which keep in mind, police officers you see the of defendant right there testifying. police officers, even though this was not on the force all that long, are professional testifiers. they testify in court more than anyone else, more than lawyers, more than judges. you can see him looking at the jury and explaining it to them. when you consider that and in many high profile cases, police officers take the stand to

defend themselves when they are charged with homicide for a use of force. so mixed results. you see it a lot now in these high-profile cases. the jury clearly had some struggles, but concluded this was a reckless homicide of manslaughter. >> i believe this carries a maximum of 20 years behind bars. the next step would be sentencing? >> a big difference from the murder conviction, which would have been 5 to 99 years or life. so you have a major difference in the range of punishment. next up will be sentencing. and after that, appeal. you can expect as a matter of course in a case like this involving a police officer, use of force and self-defense. >> as you point out, so much of this case had rested around this discussion of the gun in the home and where the line is drawn for police officers approaching a scene like this. >> it is a challenge. that was part of the

prosecution's case. he violated procedure by not identifying himself as a fort worth police officer. so everything comes down to use of force and procedure and whether or not it was followed. that creates the standard of care to decide whether or not he violated that standard of care and whether or not he did so knowingly. he took the stand and said essentially i saw a firearm. when the prosecution's evidence tended to show he didn't. the defense likely thought this was a good strategy. put him on the stand and let him tell the jury what he knew and what he thought in the moment. the real challenge there is was it consistent with the objective circumstantial evidence that the prosecution had. and that ultimately the jury has spoken and concluded not the highest count, but something in between. >> thank you very much for breaking that down for us. appreciate it. and thank you all for watching this hour of msnbc. we'll have highlights from the show and new reporting on twitter and as always, you can

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