at booking.com, finding perfect isn't rocket science. kitchen? sorted. hot tub, why not? and of course, puppy-friendly. we don't like to say perfect, but it's pretty perfect. booking.com, booking.yeah. and good morning. 10:00 a.m. eastern, 7:00 a.m. pacific. i'm jose diaz-balart. a few hours from now, the january 6th committee will hold its final meeting. the panel plans to issue criminal referrals for former president donald trump.

we'll ask pete aguilar about what we can expect. this week, title 42 is expected to expire. as the mayor of el paso declares an emergency. this morning in ukraine, russian forces unleash another round of drone attacks on kyiv and the surrounding region. we'll get an update on the conflict from congressman seth moulton who just returned from ukraine. and soccer fans around the world celebrating argentina's win. and we begin with the house january 6th committee preparing to make its final case to the american people. the committee will hold its

final public meeting about three hours from now. and nbc news has learned the panel is set to make a criminal referral and refer president donald trump to the justice department. >> if we do make referrals to justice department, it is the expression of congress that its our belief that democracy was attacked, these are the people responsible, these are potential violations of law, that we think there is sufficient evidence to make that referral. >> the panel's referrals which come after an 18-month investigation carry no legal weight, but they are historic and symbolic conclusion to the committee's work. the panel is expected to approve its final report. with us now to start off our coverage this hour nbc news capitol hill correspondent ali

vitale, former u.s. attorney at the university of alabama law school and msnbc legal analyst. and nicholas wu, congressional reporter. you broke this story. what do we know about the potential referrals against trump? >> reporter: yeah, jose. we were able to overhear the committee's dress rehearsal as we met with a conference room here and they have done all their hearings from here so far. we have learned there will be criminal referrals against former president donald trump and that will operate on a few different fronts. i can pull up what the referrals were. they include obstruction of an official proceeding, conspiracy to defraud the united states and inciting or assisting an insurrection. all expected to be made public today. while you're right they don't carry legal weight, the justice department will make its own

independent decision. it does mark a precedent for the first time a congressional committee will be referring criminal charges against a former president which matches the entire ethos over the course of the last 18 months as they have gone down the rabbit holes of this investigation into what led to january 6th and the day of the insurrection. it's meant to work a public forum and public accounting of what happened on that day. but there are lingering threats that the committee has to tie up before the end of the year when it's officially disbanded. in regards to what they're going to do for the congresspeople who defied their subpoenas, five republican lawmakers were subpoenaed by this committee. all of them decided not to comply. what we overheard yesterday they plan to charge four of them with ethics committee violations, referring them to the house ethics committee really it doesn't mean very much, jose because that ethics committee is

evenly divided between republicans and democrats and because there's just so few days left in this congress. that committee is unlikely to act. but nevertheless it does look how the committee will deal with those when they defy their subpoenas in the first place. >> how seriously could the justice department take these referrals? >> so, jose, doj is hardwired to ignore external efforts to influence their work. any prosecutive decisions will be made solely paved on the evidence that they've accumulated during their investigation. that will look a little bit different than what we have heard from the committee during hearings because there are rules involving admissibility in federal court. for instance, hearsay isn't invisible. doj will have to make that raw calculation whether they can prove any or all of these charges. there's a possibility they could look at other charges as well. but where the committee's work

has been highly influential is seeming to be in many ways ahead of doj, at least early during their hearings, bringing this story to the american people. in approximate essence, putting the facts together in a way that helped people understand the former president's role in the events leading up to january 6th and on that day. i would expect their narrative there to be influential in that word of public opinion. >> i'm just thinking of one of the charges inciting an insurrection. what legally would that look like? obviously, the committee, as we say, doesn't have legal teeth. but what could legally inciting an insurrection be? >> well, inciting an insurrection is the most serious of the charges that the committee appears to be considering here. it's worth noting, by the way, we talked a lot about the fourteenth amendment mechanism for excluding people who

participate in an insurrection from holding federal office in the future.this insurrection, i there is a conviction, it would have that effect. one of the punishments is exclusion for holding future offense. that's probably among the reasons it is up for consideration here. and so in the former president's case, if that's who we are talking about for insurrection charges, i suspect it will center on his role on the morning of january 6th on the ellipse. but it might also reach back earlier. he tweetededly to come to the capitol on january 6th. protective first amendment speech, political speech, or was

it an effort to overthrow government or interfere with government. >> what else can we expect to hear from the testimony today? >> well, we are expecting to see the committee walk us through and recount a lot of things we have seen before. they had public hearings over the summer. now we will see everything played out in totality as they get ready to release the report. what i'm really looking for is the evidence underlying all of these referrals and the other allegations they might make. up until now we have seen bits and pieces of depositions and transcripts of witness testimony. so what i really want to say, for example, when the committee finally does make its referral is what specific evidence are they citing. we will be closely crutiniing to see what they know.

>> there is an executive summary of the report to be released today. what have we learned about the whole report and what he is looking forward to seeing? what about the whole report? that is expected to be released on wednesday, i understand? >> jose, we expect to see that on wednesday. it will be eight chapters. a lot of transcripts and other appendixes. those of us who have been following this would love to see all the information gathered so we can read key transcripts like pat cipollone and others. being able to read through all of that is going to be really important. it provides us a really unique opportunity. we talk often about how the january 6th committee has no legal team behind it, how doj and fulton county are all acting in their own independent ways. we have also seen the ways where

all of these investigations have overlapped and ccriss-crossed. it is a unique moment of transparency into what these other investigations could be looking at. we know, for example, parts of cassidy hutchinson's testimony and other pieces of the hearing that have been public here spurred doj to go in different and new directions. we have in many cases a road map. we'll have a road map into what this could look like if doj prbs pushes forward on its own investigation. >> ali, joyce, and nicholas wu, thank you so much for being with us this morning. a little alert in the show we will talk to congressman pete aguilar, a member of the january 6th, about what we'll hear from the committee today. and today at noon eastern, 9:00 a.m. specific, special coverage

of the final committee meeting with andrea mitchell, katy tur and hallie jackson. right now as we speak, it is 30 degrees fahrenheit, below freezing in el paso, texas, where hundreds of people, including children, are sleeping on the streets after crossing the southern border. the mayor of that city declared a state of disaster this weekend saying asylum seekers are not safe with processing shelters at capacity. in just two days, the biden administration is ordering some using title 42, the policy u.s. has used to turn back 2.5 million asylum seekers since president trump enacted it in 2020. they cleared the way for a change for the 21st. guad va ney gas is reporting from juarez, mexico. and julie ainslie.

you're on the mexican side there, guad. what are you hearing from people? >> reporter: jose, well, you mentioned the temperature. it's 30 depress right now. the sun came out, but it is still freezing here. first of all,, when we arrived overnight, this is where a lot of the migrants have lined up. local police from juarez told me because of the cold weather they had to leave the area and find shelter somewhere. with the sun rising a lot of them were lining up. i was just speaking to this gentleman from venezuela. he's from venezuela. he's been waiting here for a few days. and he knows title 42 is set to expire on the 21st. we will wait to try to cross. he's been helping others who have come here.

so he said because of the cold they go somewhere else. right now they should begin crossing. [ speaking non-english ]. i'm asking if he thinks more are coming because of title 42? so he says my grants are saying there's still a lot of people coming. how large are these groups? a lot of people are coming to the border, he says. >> hey, guad, just a question. can you ask him how he knows? what information -- how do they get their information on when title 42 is expect to be --

yeah. [ speaking non-english ]. how did you find out about this ending? because people tell him. how do you guys find out about news at the border? where do you watch the news? these are cell phones. one of the guys will get the news and they spread the word. that's how he learned title 42 is set to expire. as i mentioned, this is where multiple people are lined up. jose, i should add they have a

person working in human rights who try to help the migrants. he said the state and city coordinated efforts to bus migrants from different parts of the state to this area. that's how this surge began with help of people who worked from the state and the city bringing the migrants. they said they were allowing them to cross and turn themselves in because they were seeking asylum in the united states. it is unclear what the mexican government is doing at the moment. immigration would be of course patrolling the border. it's unclear. we saw local police. there's tops here and here. we don't know what it is they're doing when it comes to the migrants. it seems they are just watching this happen from the mexican side. very interesting. >> julia, this was said on cbs yesterday about the white house's plan after title 42 ends. >> they have been talking about

this for the last two years. they have to have something in place. with all due respect, i have looked at that plan. we have talked about it, but it has to work. now they're asking for the $3 billion or so. it's mainly for food and shelters, processing, transportation, but it doesn't really talk about security. >> there's so little clarity, julia, that even now tens of thousands are making their way to the united states border, going through all kinds of abuses and exploitations at the hands of the cartels. what is the long term plan here, julia? >> some are left to be opaque, jose. the cartels can learn how to get

around, what to tell migrants to say to get across the border. but as we reported here first on nbc, there is a new plan to open up more legal pathways for people to apply from inside their countries. those would be people from nicaragua, haiti, cuba. there is a similar plan in place in venezuela. it could be harder for them to claim asylum unless they already applied in a country they passed through and were rejected. a lot of immigration advocates say they won't have enough pathways for people who need it. we understand those projects, that plan is in the works. as the congressman mentioned, they are trying to reach out for more money. it is something they are not broadcasting because the white house is not messaging on this as heavily as you might think. it is not something they want to draw a lot of attention to, particularly before the midterms.

now they have a state of emergency in el paso. you see where guad is, the desperation of people who want to get in. this is something they will be hearing from this week as the chaos a masses not just before the lifting of title 42. they are going to have to start saying more on this now because it is so visible. i'm on my way to el paso after i finish talking to you. we will talk to migrants who have already crossed. >> as we speak, still, thousands of men, women and children are going through the jungles, being exploited. the danger continues. they're going through mexico, where they are facing incredible difficulties. and that's happening every single day as we speak. thank you so much for being with us this morning.

why the public could soon see president trump's long secret tax returns. as russia ramps up its drone attacks against ukraine, we'll talk to representative seth moulton who just got back. good to see you. we'll chat in just a second. you. we'll chat in just a second. you? ♪ 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. aubree: i'm aubree. i went to st. jude because i had a cancerous tumor. casey: these kids, they don't deserve to have to go through this. my beautiful little redheaded girl has cancer.

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22 past the hour. at least 36 people are being treated for injuries after their hawaiian airlines flight hit a

patch of severe turbulence. 35 from phoenix to honolulu was 30 minutes from landing when the son moved violently in the unstable air. the turbulence sent people flying from their seats, prompting dozens of firefighters and paramedics to race to the scene. >> it shook and went into a sudden drop, like how you would go into a drop on a roller coaster. >> people were hitting their heads on the ceilings. i grabbed the seat in front of me on top of it to hang on. >> a 14-month-old baby suffered head injuries, cuts and bruises. the seat belt light was on at the time of the incident and the turbulence took everyone by surprise. turning now to the war in ukraine. a new wave of drone attacks struck the kyiv region. 35 iranian-made drones were launched overnight with

ukrainian forces shooting down 30. right now russia's vladimir putin is in belarus for his first visit in there three years ago. so far belarus has avoided directly joining the fight. first, i want to ask what you learned during your trip. >> we learned a lot on the house armed services committee. if you ask me the biggest thing i learned from this trip, it was the resilience of the ukrainian people. december of last year, almosting exactly a year ago i was there. that was before the invasion. it was remarkable how much u

kyiv looks the same, how the capital is still a functioning city, where people make it happen every single day because they are so tough and resilient against this tough raugz russian onslot. >> what can be done to help the electric grid? >> i don't mean to underestimate what he is doing right now. it is an attack on civilians, not on military infrastructure. we need to do two things. one, we need to get the spare parts we need to build the infrastructure as it gets hit. more importantly, we need to get them the missile systems, the defensive missile systems to shoot down these russian attacks. that means patriot missile systems to ukraine today is

something i have been indicating in congress for for a long time. we have heard word the white house is about to improve these. but every day the white house sits on this is more ukrainians to die from these russian attacks. >> meanwhile, a lot of these russian attacks are using iranian-made drones in ukraine. it's almost as though iran has become a key ally and key player in the fight here, congressman. >> well, they're a key ally to russia because it's one of the only allies they have left. they are providing a lot. they are providing raoeurb these drones that they don't have on their own. and ballistic missiles which would be harder to shoot down. once again, really important to get the ukrainians what they need. we also need to take a very hard look at whatever we can do to stop these iranian passports to russia.

what they are doing is illegal by international law. we need to find ways to further curtail this new partnership between russia and iran. >> thank you so much for your time. appreciate your being with us this morning. >> good to see you. take care. >> turning to had some other headlines from beyond our borders. iranian authorities have arrested an actress who starred in the oscar-winning movie "the salesman." the report says she was arrested a week after she made a post on instagram expressing solidarity with the man who was executed earlier this month in iran. iran has been rocked by protests after mahsa amini died at the hands of the country's morality police north korean state media said the country conducted a final test of a spy satellite.

kim jung un regime fired two missiles towards the sea of japan tuesday. this is the first since north korea fired its longest range icbm last month, which is capable of reaching the u.s. mainland. the trial begins today for one of the most hoe high profile defendants even though he wasn't in d.c. that day. we'll explain. you're watching jose diaz-balart. you're watching jose diaz-balart. gillette presents... the gillettelabs with exfoliating bar. a razor designed to take the hassle out of your routine. with effortless shaving in one efficient stroke. the bar in the handle removes unseen dirt and debris the gets in the way of the blades. so, nothing gets between you and a quick and easy shave. ♪♪ all with a lifetime warranty. gillette. the best a man can get.

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31 past the hour. jury selection will begin today in the seditious conspiracy above five members of the proud pweus, including enrique tarrio, the group's former chairman. prosecutors intend to argue the defendants turned the mob into a web on january 6th, reporting them to the capitol where leaders were gathered to certify the ruts. ken delane yann, good morning. >> good morning, jose. look, the charge of seditious conspiracy is rarery brought. it's fair to consider this a difficult case to prove, even though there is a manipulate of

evidence. we saw in the first oath keepers trial only two of the five were convicted of seditious conspiracy. that said, unlike in that first oath keepers case, the government is alleging four of the five defendants engaged in violent attacks while attacking from the capitol. the group leader, tarrio, had been arrested two days earlier on charges that he vandalized a black lives matter banner at a historic black church. but he was the leader of a conspiracy to stop the transfer of power from donald trump to joe biden. and days before the riot he posted on social media about revolution and that other proud boy members discussed attacking the capitol. one message is time to stack the bodies in front of capitol hill. another proud boys asked whether people would push through police lines and storm the capitol building. and prosecutors will tell the jury these proud boys played a key role in leading parts of the

mob into the capitol itself. we don't know whether any of the defendants will testify. lawyers this morning are trying to get the trial postponed citing publicity around the release of the january 6th committee report. but the judge decided to move forward, jose. >> ken delane yann, thank you so much. we are just a couple of hours from the january 6th committee's final meeting. up next, we will talk to congress pete aguilar and ask about the charges he and his colleagues are expected to recommend against former president trump. you're watching "jose diaz-balart reports." s. (brent) people love subaru just because it stands for much more than just a car. (vo) through the share the love event, subaru retailers have supported over seventeen hundred hometown charities. (phil) have i witnessed and seen the impact of what we do? you bet i have. (kathryn) we have worked with so many amazing causes and made a difference. (vo) by the end of this year, subaru and our retailers will have donated over two hundred and fifty million dollars to charity. (brent) it's about more than just selling cars. (phil) the subaru share the love event going on now.

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insurrection. they will release executive summary after its meeting. criminal referrals carry no official legal weight. it remains up to the department of justice to decide whether or not to charge the former president. with us now to talk about this is california congressman pete aguilar thank you for being with us. congressman, nbc news is reporting that you and your fellow committee members met again this morning. what came out of that meeting? >> just the finishing touches on getting prepared for our business meeting ahead. we're focused on making sure that we conclude what has been a very thorough process. we have told our colleagues and the american public we were striving to get as many details as we can about the causes and circumstances of january 6th. we feel we are in a place where we are all united in a product that we have produced and look forward to sharing more of those

details and ultimately the final report this week. >> what did the committee say on these particular charges to refer to the justice department? >> well, i'm not going to get ahead of the items that we might be discussing in our session today. what i can say is the evidence of is the answer. every step we have taken has been a result of the evidence we have gathered. over 1,000 interviews we have conducted. we look forward to sharing more of those details in the days ahead as well. this has been an incredibly thorough process. we feel it has led us to this point where we can draw some conclusions. >> congressman, of all the information, of all the research, of all the interviews that you all conducted, what do you think in your mind sticks out the most as to what you learned without a doubt that you didn't know before this committee started its investigation?

>> well, just how detailed and comprehensive this plan was. the former president and people around him sought to delay the counting of electoral votes on january 6th. they attempted every legal strategy they could, and they failed 61 times in court. they sought to delay and impede the proceedings on january 6th. the president knew that the mob that he had summoned to washington, d.c. was armed. he knew they were dangerous. and still he pointed to the capitol and told them that he was going to march with them. that's very dangerous behavior. but those are the facts. and we have learned that time and time again from witnesses throughout our activities. >> the other big story is the ongoing humanitarian crisis at the border. thousands of migrants crossing into el paso every day finding themselves with no food, no

water, no money, no shelter, sleeping on the streets in freezing weather. this title 42 is set to be lifted in two days. do you see anything being done to deal with this humanitarian crisis, which is only going to get more intense? >> well, as you said, jose, this is a humanitarian crisis. we need to acknowledge that. we need to ensure that we have a plan in place. my heart goes out to the border communities that are also affected and struggling with this in the nongovernment organizations trying to work through this. we need more resources. and we need a plan. and that's been very clear. and i think that there is more than we can do to be helpful from our roles here in congress. but we also need to ensure we do this in a humane way where people have a right to seek asylum. but it's done in a comprehensive and expeditious way.

>> soto was saying one of the fears she had is people may be just losing their humanity. people just talk about numbers and surges. these are men, women and little children who have been forced to leave their countries and face all kinds of hell to try and reach the united states to ask for asylum. congressman, it seems like waiting for a plan is just a little too late. >> absolutely. and i think it's not the only strategy. we need to deal with this, the root causes of migration, as you mentioned, how do we ensure that we are helping those northern triangle countries and countries around the globe ensure they have economic opportunity. many individuals are fleeing for security purposes but also because of climate change affecting the land they were farming.

and no economic opportunity in the countries in which they live in. that's very real issue. and we need to ensure we are tackling it in the most comprehensive way. and the last possible opportunity to deal with that is at the border west need to ensure we are having those diplomatic conversations to do what we can from our roles here in congress to ensure that opportunity for others. >> yeah. and then dictoral regimes throughout latin america benefiting from this. and the world continues to trade with them. i want to congratulate on becoming a newly elected chair, the number three spot in leadership. this leadership style and change, the first time in 20 years. what will this change in leadership mean? >> well, i'm just honored to be in this role. working as the chair of the house democratic congress. we will continue to advance an agenda that is important for the american public.

we're going to acknowledge the incredible steps that were taken the last few years to support economic opportunity, to create jobs, and make communities safer. that's not lost on this congress and the 118th congress will be sworn in in a few weeks. we're excited about that opportunity. and the leadership that incoming leader jeffries and clark have on this congress is immense. and we're just excited about the opportunities ahead. >> our congratulations once again to you. congressman pete aguilar, thank you so much for being with us this morning. >> thank you so much. and tomorrow the house weighs and means committee will take a closer look at six years worth of former president trump's tax returns after a long legal battle to obtain them. joining us now is ryan nobles. what does the committee want to learn from the tax returns? >> reporter: well, there is a lot of things the committee has been interested in since they

initially sought this information from the former president donald trump. they want to see how his business dealings influenced his work as president of the united states and his campaign. and the question now remains whether or not they will release this information to the public. there are very specific rules about their acquisition of this information. at this point only a small group of committee staffers have actually been able the review these documents. but the committee is going to meet tomorrow and will likely go into an executive session where they will make that final determination about how much of this information will be made public. they do need to have some sort of legislative purpose in order to do so. it could be died to some legislative proposal or something along those lines. republicans have raised concerns about this saying this is a violation of the former president's privacy. it could set a dangerous precedent. they have been encouraging the committee chairman not to take this step in terms of just releasing them all publicly. so we will have to see tomorrow if we find out if a portion of

these tax returns or all of them will be made available to the public. >> ryan nobles on capitol hill thank you very much. up next, i'm thinking it was probably the best world cup finals ever. do you see it? did you hear it? did you live it? we will hear it from the one and only from telemundo and his reaction to the huge win. >> goolllll! there's always a fresh deal on the subway app. like this one! 50% off?! that deal's so good we don't even need an eight-time all-star to tell you about it. wait what? get it before it's gone on the subway app! ♪ what will you do? ♪

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>> and joining us now is the voice of soccer, telemundo's andres cantor. what a pleasure to see you, my dear friend. boy, what a day yesterday at that final and the final call that you made, just talk to us about that extraordinary moment. >> carlos, thank you so much for having me on your show again. it was an epic final. i think the best i've seen in my lifetime. such a roller coaster of emotions. i was trying to be cool, calm and collected for the final argentinian penalty kick. but emotions got to me.

i said independent be a hypocrite if i don't want argentina to win the world cup. the man with me won the cup for argentina in 1986. so it's been 36 1/2 years in the waiting. >> and you were born in argentina. your son born in the states. also a sports broadcaster. he posted this video of your reunion with him following the game. what was that like, andres? >> it was such a special moment. nico said, dad, you saw argentina win the world cup twice. i don't know if in my lifetime i'm going to get to see argentina win the world cup, i've been going to world cups to 2006, and every time i go, i see they lose. i told him, son, have faith. i think this might be it. i like argentina's chances.

i don't know how he found out. suddenly i see him in telemundo's presentations. he came looking for me. it was just a father and son moment, very, very touching. >> it continues to be so special for you, andres. why do you think that image of you, you know -- has touched so many people? >> i believe because i'm sincere. you know, i let my emotions go through, i try to contain my emotions in every single touch of the ball. it's not just the -- it's very intense when i call 90 minutes of soccer. and, you know, that last play made -- i know i made a lot of people cry, not only

argentinians. it's a whole month filled up with emotions of people back home watching games and this was a fairytale ending because i know many people wanted argentina to win the world cup, but mainly they wanted messi to win the world cup. and there he is. >> onward to the next world cup in the united states, canada and mexico, andres. >> i can't wait. i was really thrilled and enthused for last night, but now it's coming home, jose. it's coming home to the u.s., mexico and canada. we will see what type of format they come up with. but it's going to be 48 teams. it's going to be great. the smallest country to host ever a world cup to three of the biggest countries in the world. >> thank you very much. a big hug to you and the entire telemundo team.

>> thank you, jose. same. and this holiday season, one man in philadelphia is hoping a classic ballet performance can become a new tradition for many fathers and their children. lloyd freeman launched a program called daddy and he that offers discount tickets for a performance of "the nutcracker." >> what i love about "the nutcracker," it's one of those things that gets you in the holiday spirit. some of the stigma of the ballet is that they think it's for women. i want to bring more men of color to bring their kids to the ballet. >> he wants to help change stereotype that may exist about black men. that wraps up the hour for me. i'll be back after a quick

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good morning. 11:00 a.m. eastern, 8:00 a.m. pacific. it was exactly two years ago today that former president donald trump sent a tweet summons his supporters to the capitol on january 6th telling them, quote, it will be wild. be there. that tweet and the events that

follow