good morning. it's 10:00 a.m. eastern. 7:00 a.m. pacific i'm jose

diaz-balart. the latest of a string of powerful and deadly rainstorms reeking havoc on california forcing thousands of evacuations and leading to rescues. the storms killing as many as 15 people. a 5-year-old is still missing a the this hour. months after the fbi searched donald trump's mar-a-lago home for classified documents, lawyers for president biden say also found classified materials in biden's private office. we'll break down what we know about that. and next how the president will stand alongside justin trudeau along with their joint summit. where the crisis will take center stage. and any minute now on capitol hill, house republicans will hold a press conference ahead of what could be an exlowsive battle within the party over committee assignments over the new congress takes shape. we'll talk to the congressman about that.

we begin this morning with the intense rain pounding california leaving more than 34 million people under a flood watch. a series of powerful storms have caused catastrophic damage and deadly conditions throughout the entire state. the region weathering its fifth major storm and bracing for a sixth. more than a foot of rain has fallen in some areas over the past two days causing river asks creeks to overflow. last night firefighters rescued a woman and a young girl after two cars were swallowed into a giant sink hole. and amid a threat of dangerous mud slides, officials on monday ordered thousands to evacuate. the orders coming five years to the day mud slides rushed through a neighborhood killing 23 people. joining us now from california is nbc maurice. what are conditions this morning?

>> reporter: good morning. it's hard to believe. this is they have already received a week's worth of rain. this is a residential street. this is not only sloppy and disgusting, but making cleanup difficult as people are trying to emerge from their houses. and remember that we were talking about how much rain we were getting. i want to show you just how high the water got. the water line, you can still see it even though it has since receded. we're still getting a scope of where things stand around here. this is the santa cruz mown areas. if you look at video, it's not just here. this has just devastated so many parts of the state.

>> we're having some technical difficulty. you're coming in and out. and we're seeing a as you narrate this different scenes from throughout the state of california where power lines are down. we're seeing that the folks are viz biz sit putting back power and electricity to hundreds of thousands of people who have lost power throughout the state. some of the roads that have become water ways, take a look at this highway. i want to thank marissa parra for that report, live from california, where because of the weather conditions, among other issues, we're having some issues having her signal. i want to turn to our other top story this hour. the department of justice is looking into classified documents found in president biden's former private office at a washington, d.c. think tank. according to the white house special counsel, documents, which appear to be from the obama administration, were found

in a locked cloz sit by biden's lawyers midterms before the elections. after they were found, the white house counsel notified the national archives which took following day. a source said biden only became aware of the documents being stored in his former office when had his lawyers told him about the discovery. now a source says merrick garland asked u.s. attorney for the northern district of illinois, a trump appointee, to review the matter. president biden did not respond to questions as he sat next to garland in mexico. joining us is justice continue ken dilanian. also us with is the former federal and state prosecutor in new york. she's also an msnbc legal analyst. what more do we know about these documents and who could have had access to them in these documents? >> the white house has not been

transparent on that point. we don't know the level of classification of these documents. that makes a big difference here. whether we're talking about top secret sensitive information like the kind of documents that were taken to donald trump's home or whether we're talking about benign documents. this terms of who would have had access, this was a think tank that joe biden set up. there were a lot of people around him with defense backgrounds who had had security clearances, including michael carpenter, who is ambassador to the organization. most of the people who likely had access probably would have been cleared at some point to see them anymoreny way, but that doesn't answer the question of how these very sensitive documents got into a place that was not secured to store them. >> if the documents were discovered on the 2nd of november, why are we just hearing about this now? sdwl that's another excellent question that the white house has declined to answer.

a lot of different people knew about them at the time and chose to keep this a secret thl it leaked. the story leaked and we're now learning that the justice department is reviewing this matter to determine whether a special counsel needs to be awe pointed. this is not a criminal investigation as of yet. it's a review to determine whether any criminal investigation needs to take place. that's ongoing right now. >> so we're going to be hearing about comparisons to the search that was conducted at former president trump's home last year, but there's some difference here's. what are they? >> a huge difference. the biggest one is that this was self-reported. by the white house's account, as soon as they discovered the classified documents in a place they shouldn't have been, they returned them to the national archives. these were not documents that had been demanded by a grand jury subpoena, as was the case with trump. the real issue in the trump case, and also the volume, but the resistance to turning them

over. the fact that the government was demanding them from the trump team and they were not turned over that does not appear to be the case in this biden situation. >> so how serious is this for the president? >> jose, good morning. let me start by saying something really important, when is similar situations have to be treated similarly. you just asked about the comparison to the trump case. that goes to the question of seriousness. so far these look like really different circumstances. much more different than they are similar. it seems here, for starters from what we have heard, this was a his take. as soon as the documents were discovered by president biden's lawyers, they reported that and started to cooperate. generally, we don't prosecute mistakes under the criminal law. we prosecute purposeful acts,

taking documents that one should not remove on purpose, declining to give them back with lots of back and forth, thus requiring a search warrant and having to go to a judge in order to retreat those documents. so so far, it looks like we are looking at apples and oranges. >> indeed. what are thefection steps for the doj here? >> as we just heard, it looks like pretty soon after this came to light, the attorney general asked the u.s. attorney in chicago, a trump appointee to begin a preliminary investigation to figure out what exactly happened here and how the documents got there. i assume starting to think about whether there were aggravating factors that the doj considers in cases like this. were they exposed to other people who shouldn't be looking at them and could have looked at them.

as said before, was this it done at investigator tently or on purpose? what was the classiication. i assume that all of that is happening now. those questions are being answered. >> ken dilanian and talu, thank you so much for being with us this morning. next hour, president biden is set to hold a one-on-one meeting with the canadian prime minister ahead of a meeting with the mexican president for the north american leaders summit. he sat down on monday to discuss migration and other issues important to both nations. with us to talk more about this is white house correspondent memoli with the president in mexico city. and national correspondent gabe gutierrez, in arizona, another border town under a state of emergency as migrants arrivals have skyrocketed there as well. what did they have to say about the humanitarian crisis at the

border? >> reporter: it's interest whg you cover these international summits to compare what you see put down on paper. these agreements that are hammered out behind closed doors ahead of the summit versus away we hear from the respective leaders in public when they have a chance to speak before the camera. let's talk about what was put down on paper as it relates to some deepening commitments from both parties to try to address the root causes of the surges we're seeing. the lead rrs going to be following through on the commitments they made in los angeles earlier this year to open up a virtual portal that would be accessible to migrants throughout the hemisphere who want to travel to whether it's mexico, the united states or canada to give them sort of a lay of the land of what the legal pathways in doing so are. the leaders aing they are bing billing a center at the southern border of mexico to also provide these kinds of resources. remember, a lot of the migrant

surge we're seeing is coming from the so-called northern try and other countries south. but then there's what we saw when the leaders sat face to face in front of the cameras yesterday. there was a little tension in that back and forth. you had the mexico president speaking at the abandonment, the disdain that often comes from the united states as it relate s to what he sees its responsibilities are to other nations if central and southern america here. and you had president biden responding that the united states is one of the biggest supply of foreign aid across the board e including heavily investing in the region. the president using the opportunity to talk about what hements to see in terms of cracking down on the traveling of fentanyl across the border into the united states. he noted it's responsible for 100,000 american deaths. so as we have been talking about this summit ahead of time, we have been talking about biden's efforts to deal with his domestic politics here. that, change last night was a reminder that he has his own

domestic politics as well. he boycotted the summit of the americas in june in los angeles protesting the u.s. view towards cuba and other nations. >> indeed he did. meanwhile, gabe, a bipartisan group of senators will be visiting the border today. the substitute has declaned a state of emergency. what are they going to see there? >> reporter: good morning, jose. that bipartisan group of senators is coming here today. this comes after president biden called on congress to act on immigration. but quickly i want to point out where am. i'm in yuma county. behind me is mexico. just a few minutes ago, we saw a group of mite grants that were picked up here to be processed. we saw one woman from colombia that had a 9-month-old son.

they made the desperate journey here they spent hours overnight in cold temperatures waiting to be processed by border patrol. i want to talk with a humanitarian group. you come out here a lot at night. and you are very aware of what's going on here across the border. i want to ask you what you make of the announcement by the president last week changing the policy allowing migrants from certain countries, haiti, nicaragua, cuba, to apply for asylum, but expelling others. what do you make of the most recent changes to the um grags policy? >> i was saddened to hear the announcement regarding the change in policy. they are choosing to come to this country for many different reasons. for politics, for war, religion,

asylum should be a right. they should be given that opportunity to seek that pathway to be asylum seekers in a country that still has colt passion for these individuals. >> i mentioned i was here in yuma months ago. the city declared a state of emergency. there's been concern from some residents that there's been too large of an influx. what's your spobs response to that? is it as chaotic as republicans say it is? >> you have been out here. yes, the numbers at times are overwhelming. i think our border patrol has done the best they can. local governments have stepped up. different community leaders have stepped up and said, all right, let's see what we can do better. if these are the numbers and the changes that are coming, let's

come together and the same thing i asked this administration. to refocus torks take a better look at what the situation really is at the border and really make a change to better these individuals and these communities. >> thank you so much for talking to us. really quickly, are you hopeful of any immigration reform in the near future? the president is calling on that. senator sinema is expected to be here later today. she's offering a a bipartisan framework, but right now, many people are skeptical it's going to go anywhere or that congress will take it up, especially with a republican majority in the house. >> i'm always hopeful, but the end of the day, i asked this congress, this administration, forget about politics. step up to the plate. make the changes. every year each politician makes a statement regarding change. the time is now. we're at the forefront. we need to make a difference for all these individuals who are seeking a better life in this

country. >> reporter: thank you so much for speaking with us. jose, this is what's playing out here in border communities like yuma, as president biden is now at that northern american leadership summit. >> the work that that group do is so heartfelt and so important. just as his words are so mean ingful. mike, before i let you go in mexico city, hanging over the president's trip is this new revelation about the classified dlts found in his former private office. how concerned is the white house about it? or is it concerned at all? >> reporter: well, clearly, there's going to be some political concern here. the president gearing up for a potential launch of his reelection campaign. now you have hanging over them this legal cloud. it's important to note that white house advisers at the highest levels would have known

that this issue was ongoing for at least two months given the timeline we were given from the white house yesterday. one of the questions is about why they have waited for this story to break in the news on its own versus being fully transparent and disclosing this as it happened two months ago. this is one of the many questions reporters will be trying to ask when we see president biden later today. he will be delivering statements with the other two leaders here and taking a question from each of the respective press corp.s here. there's a the lot of other topics to ask about, but it's our first chance to see if he'll weigh in. >> mike memoli and gabe gutierrez, thank you for being with us. still ahead, we're learning more about what happened when police say a 6-year-old shot a teacher in virginia. what the teacher managed to do moments after being critically injured. first more drama expected this the house. you're watching "jose diaz-balart reports."

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22 past the hour. new reaction after an early test for kevin mccarthy last night. house republicans passed a new rules package that will determine how they govern for the next two years. there was little room for defection and they passed a party line vote. congressman gonzales of texas was the only republican who voted against it. joinings now is gymnastics sherman, cofounder of punch bowl news. good morning. so what did house republicans actually pass last night? why is this significant? >> the rules govern how the house will operate over the next few years. everything from international having how much time they need to bring bills to the floor,

what kind of mechanism thas get used to bring bills to the floor. they are contained in that rules package. you can't get congress started essentially without this rules package. it was a big moment for the leadership, which needed to get this done with defections. there are moderates like tony gonzales of texas, who is extremely close, i'll mention, with house speaker kevin mccarthy, who voted against it. moderates feel like they gave up too much to conservatives. they weren't happy about freezing budgets. they weren't happy about some of the closed door negotiations and feel like they need to stand up and that's something that wouldn't say is widespread, but it is a sentiment that you hear a bunch across the house republican conference. >> and later today, the house republicans expected to establish a select committee to

investigate the weaponization of the federal government. what are we expecting from this committee? >> we're expecting this committee is going to have a lot of clashes with other committees because this is basically a concession that kevin mccarthy made with, i don't want to say little purpose, but not much purpose because there are existing committees in the house of representatives that have jurisdiction over the same matters. this is going to be one more thing for mccarthy to manage as he goes into the house majority as he continues his house majority. conservatives felt like they needed something specific to point to that they are dwoing to have a specific focus. i'll be interested to see how they are able to manage this. >> republicans passed the bill last night that would cut funding to hire 80,000 new irs agents part of the biden administration's inflation reduction act. does this have chance of going anywhere? >> definitely not.

this will never be considered in the senate or signed by president biden. but you're going to see a lot of this. it's going to pass bills that have no chance in the senate and no chance of being signed by president biden. but they are an independent body and that's what we're going to see. we're going to see these messaging bills that we'll never see the light of day in the senate. >> jake sherman on capitol hill, we appreciate it. now to continue our conversation is congressman ro kohhan. i thank you for your time. >> i thank you. >> congressman, just to continue our conversation with jake, why should the public focus on what happens in the rules committee or with house rules? >> is there are two things that the house republicans did that

were particularly outrageous. first, they gutted the office of congressional ethics. i don't know a single american who believes that congress should have less ethical standards, so much for draiing the swamp. they are handicapping ab institution that was there since 2008 that has been bipartisan and done a very good job. that is really outrageous. second, they are gutting the ability to go after tax. it's not going to pass the senate. but who does this is the first priority out? >> cutting back on irs agents isn't politically popular among some groups, but i just wonder why -- what do you think the logic is to eliminating that group? >> there are a lot of concerns that members maybe investigated on january 6th incidents.

you have santos' case. here's the important thing for people who are watching to understand. the house office of congressional ethics has been there since 2008. they have had almost an equal number of investigations against democrats and republicans. most people understand they are ethical, they are fair, they are nonpartisan. what the rules do is force out three democrat you can members on that board and limit their ability to hire. they did it quietly, but they are making it hard to have accountability for members of congress. >> congressman, i want to talk to you about your home state. the weather is really critical. california is being inundated. how are constituents coping? >> thank you for asking. i was just home this wbd. my district hasn't been the hardest hit, but water was everywhere.

we need more resources for flood protection. but it's been really sad. we have lost 14 is californians because of this flooding. i read this morning about a 5-year-old boy who has gone missing. really heartbreaking. it's been more tragedy than even in the wildfires. >> congressman, i want to talk to you about the meet thags are going on in mexico city. this is just -- the president is meeting with the prime minister of canada and the president of mexico days after he made his visit to the border. what do you make of how the president is handling the situation and it's a humanitarian crisis at the border? >> it's a very difficult situation. i thinks he's doing the best he can understand the

circumstances. i believe we need to repeal title 42. we shouldn't have a blanket bar on people coming here to seek asylum. that's a legal right. and i also believe that congress needs to act. that's the problem. we're not funding people who can process the asylum, who can process the border claims. so in light of congressional inaction, in light of a court that is not allowing title 42 to be repealed, the president, i think, is doing the best he can with the cards he's been dealt. >> congressman, it's always a pleasure to see you. thank you so much for being with us this morning. >> thank you, jose. >> take care. up next, why a virginia teacher is being called a hero after police say she was shot by a 6-year-old student. you're watching "jose diaz-balart reports." ching "jos diaz-balart reports.

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stable condition. the police chief says the gun used by the child was legally purchased by his mother. joining us now is katie beck in virginia. good morning, what else have we learned? >> reporter: hey, jose. police say there's surveillance footage of moments right after that single gunshot was fired after the teacher was injured of her escorting her students down the hallway to get to safety before seeking any treatment for herself. the video shows that she was the last person to leave her classroom. and that is why police say she is a hero and likely saved lives that day despite having a bullet go through her hand and into her chest after a 6-year-old student fired a 9 millimeter gun in her classroom. what we don't know at this time is the motive. police have not saud what was the possible reason why all of a sudden this gun did go off. the other thing we don't know the answer to yet is whether or

not the mother will be charged. that's certainly still on the table. the police chief says they have interviews and investigations to be done before they determine if the facts and the law coincide for a charge, but that's still something they are considering. but in the meantime, this community is just outpouring support and love for this teacher, calling her a local hero and someone selfless who came to this job every day with a wonderful spirit and brought her all to these children. here's what the police chief had to say about her yesterday. >> she is a trooper. she is a hero. she was the last person to leave that class. she made a right turn and started down the hallway and then stopped. she turned around to make sure that every one of those students was safe. pz. >> the police chief mentioned when he went to visit her in the

hospital yesterday her first question to him was how are my kids doing? she's been worried about them after this. jose? >> what an extraordinary person. the last person to leave that classroom and she was injured. katie beck, thank you so much. coming up, the latest out of brazil after the former president supporters stormed government buildings. you're watching "jose diaz-balart reports" on msnbc. a. ♪ ♪ i realize i'm no spring chicken. ♪ ♪ i know what's right for me. ♪ ♪ i've got a plan to which i'm sticking. ♪ ♪ my doc wrote me the script. ♪ ♪ box came by mail. ♪ ♪ showed up on friday. ♪ ♪ i screened with cologuard and did it my way! ♪ cologuard is a one-of-a kind way to screen for colon cancer that's effective and non-invasive. it's for people 45 plus at average risk, not high risk. false positive and negative results may occur. ask your provider for cologuard. ♪ (group) i did it my way! ♪

turning now to the latest now to brazil where thousands took to the streets yesterday demanding the prosecution of those who stormed the capitol. so far, around 1,500 people have been taken into custody. the president said his government will prosecute those involved and he accused his predecessor of encouraging the attack. he tweeted this photo yesterday

from an orlando hospital where he said he had a medical procedure stemming from an assassination attempt while on the campaign trail in 2018. joining us now is guad venegas. what's the latest into the investigation into what happened? >> reporter: jose, the justice minister spoke about this investigation and they made hundreds of arrests. there was a camp a few miles away from the federal area where there was an area where supporters were camping out near a military base. they were hope thanksgiving would get to the military and overthrow the government. that did not happen. the military has now disbanded that camp. in fact, the hundreds of supporters that have been detained, many of them were in that camp. now they have said the justice minister said they will prosecute anyone that broke the law. meanwhile, we know the international community has shown their support for the

president. president biden called him. one of the good things that came from this is after a conversation between president biden and lula, he will be traveling to the united states to discuss the u.s. and brazil agenda. he remains in florida, as you mentioned, he's in the hospital. he tweeted this photo. there's been a lot of talk after u.s. legislators said that he should be sent back to civil. the behind ster made it clear yesterday a that at moment there's no criminal investigation that involves him. and because of that, flost elements to ask for extradition. cnn and brazil is saying they spoke to him and he wants to return to brazil sooner than anticipated because of that medical condition. as you mentioned, he was stabbed in 2018. he's had a few surgeries. and that has caused intestinal adhesions and he want thes to go

back to brazil to see his doctors, who are familiar with his condition, as that investigation continues in brazil into what happened. one of the things they are looking at is who could be behind the protests and the rioters. they want want to know if there was someone financing them that could have planned everything who wasn't present as the investigation continues. >> thank you very much for that update. appreciate it. in peru, at least 17 people have been killed monday in clashes with police. it's the deadliest day of antigovernment protests in a month according to the human rights office. the demonstrations first broke out in early december after the arrest of former president who tried to illegally dissolve congress. protest rers demanding his release. the resident i guess nation of the new president and early elections. 39 people have been killed in the clashes overall. up next, migrants are still

making the dangerous trip to the u.s. by land and sea. we'll talk to an immigration advocate and get husband reaction to president biden's visit there. you're watching "jose diaz-balart reports". g "jose diaz-balart reports"

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it's 48 past the hour. now to the latest on the humanitarian crisis at the border. it's on land and at sea. a coast guard crew rescued on sunday a group of 19 haitian migrants on the island off puerto rico. you can see the rescue in this video. the coast guard says the migrants were left there by smugglers. separately, they have repatriated at least 273 cubans who were caught over the weekend in the florida keys after making their dangerous journey at sea. the agecy has detained more than 6,100 cuban migrants. that's a 637% increase from 2021. and in elba so, hundreds of migrants are crossing the border every day. el paso is struggling to do what it can to help the new arrivals. with us now from el paso, he's

been helping migrants at the border. he's the executive at the organization border network for human rights. thank you for being with us this morning. what's the situation on the ground in el paso right now? >> good morning. we still have what we call the humanitarian crisis. we had hundreds of migrants and refugees, children, women, in the streets of el paso. especially in downtown. as you know, el paso is in freezing conditions. we are very concerned about the situation. we're trying to do whatever we can to try to take them to heating centers, warming centers where they would have more support. we still have many many of them streets of downtown el paso. >> these are men, women, and little children. fernando, why is it, i asked the mayor this yesterday, why is it that so many folks are deciding

to stay in the streets near the bus terminal, sometimes at the airport, et cetera, and not go into these shelters? what's the fear that is driving them to stay away? >> well, there's two things. and there's two set of immigrants we have in downtown streets and sidewalks in el paso. one are the ones who have been processed by border patrol so they have been given a piece of paper. also, a good amount of them, they had not been processed. they just came across downtown massively, and now they do not receive institutional support, like for example, the opening of the centers in el paso, they do not accept members or immigrants that do not have documents. many of them, they don't have an option but to stay in the streets. many of them are afraid of some

enforcement action. they don't want to be there, so distrust on institutions, especially from immigrants who have been deported before. >> what do you make of the president's visit to el paso, the first time he visits the border as president. i don't think he visited the border as vice president either. what do you make of that visit and what would you like for him to know? >> listen, it was less than three hours or about three hours. i don't believe that is enough time to have a substantial visit. he did not meet with migrants. he did not go to downtown el paso to see the situation of these families in the streets of el paso, and also, i think he knows that we are very critical of his announcement early in the week about the expansion of title 42, this is something we oppose because this is more racist, anti-immigrant being

implemented by the trump administration, which by the way, biden at some point opposed title 42, but now he's expanding it to cubans, haitians, nicaraguans and venezuelans. it means he set out to deport thousands of people to mexico, so i think there's a big level of frustration that he's doing that. also the fact he didn't meet with the stakeholders and community members. >> fernando, what is it that you want us to know about those men, women, and children that are crossing the border, that have taken just hell trips to get to the opportunity to ask for asylum? what do you want us to know about them? >> well, there's two things. one of them is that obviously, the situation, the practical situation that they are in the streets in freezing temperatures and they don't have an option. they don't have anywhere to go. i think we need urgent humanitarian support and urgent

humanitarian infrastructure at the border that we don't have. local organizations, faith-based organizations can not do this systemically in the long run. secondly, we need to know that they are in limbo. they're supposed to be held under new guidelines. i think we are asking president biden to give them a pathway, a solution, especially the ones that are already in the united states. >> fernando garcia, i thank you so much for being with us. thank you for everything you do. i appreciate your time. >> thank you. coming up, the trump organization's former cfo is scheduled to be sentenced today for his role in the company's tax fraud scheme. we're live at the courthouse next. you're watching jose diaz-balart reports.

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57 past the hour. this afternoon, the former chief financial officer of the trump organization allen weisselberg will be sentenced after pleading guilty to 15 counts and admitting he was involved in his former company's 15-year scheme to defraud tax authorities. joining us now is nbc news investigative correspondent tom winter. tom, good morning. what are we expecting today? >> right, jose. at about 2:15 today, the judge who is overseeing not only allen weisselberg's case but as well the trump organization trial, will bring in allen weisselberg for his sentencing. it's a little different than the federal system that we so often

talk about. in a normal instance where somebody has pleaded gaement in the federal system and has a cooperation agreement, eventually prosecutors recommend kind of a guideline, basically guardrails where the judge can prescribe a sentence. the jump is go outside of that, but typically it's within a certain window. in new york state court, essentially, the judge has already weighed in here. back when he took allen weisselberg's guilty plea in august of last year, he agreed to a five-month prison term, which when you take into account time for good behavior, it will be approximately 100 days he will serve in rikers. unless the judge finds some reason that leads us to believe that weisselberg perjured himself on the stand against the trump organization, which could perhaps change his sentence, we have seen no indication of that, it's likely this is kind of a pro forma exercise today and in fact this will be a five-month jail sentence on top of five

years of probation as well as some fines he has to pay for that unreported income, jose. >> tom winter in new york city, i thank you very much. >> a bit of good news to leave you with. buffalo bills safety damar hamlin is now recovering in a buffalo hospital from his cardiac arrest. he was flown there from a hospital in ohio yesterday, just one week after his stunning collapse on the field. cincinnati doctors say they're ecstatic about his remarkable recovery. they see he's walking and eating and even jumping up and down when his team scored a touchdown during sunday's opening kickoff. and that wraps up the hour for me. i'm jose diaz-balart. you can always reach me on twitter and instagram. please follow the show online at jd balart msnbc. thank you for the privilege of your time. lindsey reiser picks up with more news right now. >> good tuesday morning. i'm lindsey reiser at msnbc headquarters in new york. right now, we're watching