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we come on the air with new demands for answers from the head of intel, airlines scrambling to get planes back in the air and the congressman being put on the back burner, let's start with what is going down in the senate where key leaders are asking the director of national intelligence for more information on the classified documents found at president biden's former office, with the white house press secretary, and what she is saying now in the first comments from the podium, just in the last couple of minutes as we're learning more this afternoon on the republicans in the house who could be involved in any investigation into this. also this hour, the afternoon after the morning meltdown. new reporting on what is going down at the faa and with what is being done to prevent a runway repeat. the top democrat on house transportation live. congressman george santos promising to stay in congress but he may not have much to do, what republican leaders are saying about possible committee assignment. i'm hallie jackson in washington. we have a lot to get to in the next 60 minutes.

let's start with new developments about the class fied documents found at a former office of president biden. white house correspondent carol lee and ali vitali is with us as well. carol, let me start you with. there were some moments in the press briefing that i think is happening probably still as we speak, it got a little bit of tense on this topic and others. talk us through it. >> it did, hallie and that is because reporters have a number of questions, this is an administration that has promised to be transparent and the feeling in the briefing room that confirm arine jean-pierre, the press secretary didn't have answers to a lot of questions, fairly obvious questions in the wake of the classified documents and she went so far to say she had not discussed this issue with the president. but take a listen to some of what she had to say. >> ongoing process. we're going to respect the process. as the president said, his team handled it the right way. and we're just not going to get ahead of the process from here.

>> so there's a lot of not getting ahead of the process, when it comes to the white house's public posture on this. here's what we know. which is that the president's lawyers found these documents on november 2nd, turned them over to the archives, there was a justice department review of this and that is something that is ongoing. and we heard from the president just yesterday, saying that he was surprised to learn that these documents were in this office, that he's, after he left the vice presidency, and that he hoped that this was something that would be resolved soon, and that the review that the justice department is conducting would end sooner rather than later. >> the question that is still outstanding, carol, you alluded to it, what did the president do and when did he know and how long has this been happening and another one where the press secretary worked to some might say sidestep, some might say pivot. pick your adjective there. >> and that is a question where the reporters from frustrated, rightfully so, it is a question of when did he learn about this. we know from our own reporting

that the president learned about this basically around the same time that his lawyers made this discovery, that they went to him and told him about it. why the press secretary can't say that is something that seemed to baffle some of the reporters in the room, and that's just one of the questions that we had about this, why did the white house decide, really if there was a decision motto disclose this publicly, to keep it a secret and only learned through avenues that this happened, and those were the questions, again, there was just not a lot of answers to. >> ali, let me go to you. new developments on capitol hill as well. we are just learning not too long ago that the chair and vice chair of the senate intelligence committee, so senator mark warner, as we're taking a live look right now at the briefing that carol referenced, but ali, senators warner and rubio are looking for a damage assessment here. this is a term that has become familiar to i think a lot of people because that was something that was sought off the classified documents situation at mar-a-lago with

former president trump, a different scenario and different set of documents and different number of documents but talk us to about what you're hearing on the hill given a bipartisan push. >> we're seeing it in a different way on even side of the aisle and each side of congress. when you look at the senate for example, you're seeing the two top members of the senate intel committee, mark warner and marco rubio, marching in lock-step and doing what they pretty much did after the trump mar-a-lago documents became public, asking for an intelligence damage assessment. they are asking for the same thing now. about the biden documents, despite all of the differences that you just outlined between both cases. then we're also hearing now from a different time in congress, the fact that this is the start of divided government, that republicans have gavel power and subpoena power, and you look at the way that house oversight chairman jim comer is coming to this, for example, they are putting out multiple requests

today to try to get a better picture for their committee, and i'll put up for you on the screen some of the things that they're asking for, including all of the documents that were found in this personal office, and internal communication, about those documents, communications between the white house and the department of justice, and the national archives over the documents, and then of course a list of people who had access to them. all this in the name of trying to figure out what was known, what is in these documents, and who was involved on each side of congress today. >> carol, let me go back to you here with the reporting from nbc news, of sources telling nbc, that the attorney general has been briefed, right, on this, on the d.o.j. review, specifically of these classified documents that were found, despite the questions that are obviously still outstanding related to the white house piece of it that you've gone through here, do we have any sense of a time line on that front, carol, of when, a reasonable expectation may be, to see some kind of a decision publicly or privately from attorney general garland? >> you know, hallie, we don't, except for what the president said, which is that he hoped

that this would wrap up soon and that he is saying that he is fully cooperating with this review. and now, if the president and his team are fully cooperating, presumably that means things will move faster than the tussle back and forth over trying to get things going, but we just don't know exactly when this will come to an end, we do know that the attorney general was briefed on preliminary results of that review, it is not paper or paper being handed over to him and that sort of thing, but just the preliminary findings so far, as the justice department officials look over these documents, and try to figure out why they wound up in this office space at the president's and that the former vice president had after he left office during the obama administration and what the process was and he knew about that, and we don't exactly have a time frame there. >> thank you very much for that reporting. appreciate it. coming up here on the show, as congressman george santos faces some new calls to step down today, including one in just the last couple of minutes.

we'll talk about the committees the gop leaders will and will not let him serve on. which democrat is privately telling colleagues she also plans to run for california's still occupied senate seat in 2024. the newest democrat to enter the ring, you see her there, and flight delays and cancellations, where they stand this hour, after the huge, huge nationwide outage. we'll talk more about what we're learning this afternoon about why this key faa system went offline, creating this domino effect, that folks are still managing, even now. we'll be back in just 60 seconds. stay with us. one minute. ust 60 seconds. stay with us one minute

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let's talk about that morning meltdown and the afternoon ripple effect after delays now we're seeing at all sorts of places aren't country because a critical system maintained by the faa went online, the outage lasted only, i should say, lasted about two hours, so in the scheme of

things, it wasn't 20, but two hours was enough to create this ripple effect that is creating vacations, business meetings, you got to think about birthdays, anniversaries, whatever it is, people are upset, they're trying to figure out, scramble, how to get to their destination and if it feels like deja vu, that is because in some ways, it is. this is happening just a couple of weeks after southwest canceled more than 16,000 flights after their systems malfunctioned. let me bring in nbc news correspondent blayne alexander live for us in atlanta and nbc news correspondent tom costello. the situation on the ground there, is it getting any better? and do we think there will be a domino effect into tomorrow? >> well, as for whether or not it is getting better, we have seen the number of delays kind of creep up as the day has progressed, and that really is what the nature we're expecting with the ripple effect. the shear fact that some of the planes that were expected to be places this morning just weren't there and that means people missed connections, that means flights were not able to take off, so we have seen the number of delays increase, as the day has progressed and as it stands

right now, latest numbers about, 400 or so flights out of atlanta are currently delayed, more than 300 coming in. and so across the board, atlanta has been hit the hardest when talk about the number of delayed flights, it stands to reason as the world's busiest airport and when we heard from passengers around the country, we asked how they're impacted by this, it depends, everybody has a different story and yes, this has been something that has impacted one couple that were ready to get out on a birthday trip and had to change plans and others say they were expecting it to be bad and a lot better once they got here. take a look. >> we got at 8:55 flight to denver, with a connecting flight at midway, and our original flight got delayed, which means we would have missed our connecting flight to denver. we called in and they were able to switch us easily to an 11:55 flight direct from atlanta to denver. but still hearing that 11:55

flight i think is delayed to 2:15 or something. >> and hallie, i think that they laid out to a "t" exactly what we're seeing, and why we're seeing so many delays. a couple of things that are important to point out for anybody at home watching this, wondering if their flights are on track or not, and from airport experts to airlines, they're saying check the app that you have for the individual airline to see how your flight is looking, and whether you should head to the airport or what that's looking like. i think most of us know on a good day it can be difficult to get through to, on a phone line, and trying to get information, on a day like today, it is going to be near impossible, so rely on that app and check to see how your flight is running. >> that is a very important point. tom, let me go to you, about the system that went down, right there, has been no indication yet that we heard from top officials, no evidence that there was anything sketchy on this front, other than just sort of a malfunction here, what else do we know on that front and what you are hearing this afternoon? >> well, the evidence seems to

point at this point to a software problem, and we've heard from both faa sources as well as the secretary of transportation that does not appear to be a hack and as the evidence rolls in, it does appear to be more likely it was some sort of a sort wear problem that started yesterday afternoon and they started having problems and they switched to a backup system, and then at about midnight, they went back to the main system, and they tried to reboot that system, at about 5:00 a.m., and then apparently it took forever for the data to reload. and then they went into this situation where they had to literally pause all of the departures, all commercial departures. at the moment, the numbers are 8500 delays nationwide. that's a big number. and 1200 cancellations. this is the notice to air mission computer system. it used to be called the notice to airmen, and then they changed it, notice to air mission, and essentially the same data, it is critical information for pilots, which will tell them if they've got a runway closed on an airport, if there is a fire

department training going on, if military air space is open or closed, and you cannot leave your departure airport to your arriving airport unless you've got that information. right? so pretty quickly, pilots were not able to leave, and then the faa hit the pause button on commercial flights. now private flights could leave. not commercial flights. so now, they've got to dissect this problem and figure out, okay, hopefully they've got this thing figured out and hopefully it doesn't reoccur, but why did it happen in the first place, if it's a software issue, then as you know, everybody deals with software issues, hopefully they can get that up and running. in the world of strange coincidences, listen to this. the canadian notam system also went down today for about two or three hours. they do not think there is any link whatsoever. and the canadian system came back un. do they have a similar software glitch? we simply don't know right now. . >> intriguing. tom costello, i know you will continue to report on the story,

blayne alexander, thank you for being posted up there in the busiest airport in the country, appreciate it. let me bring in democratic congressman from washington, and somebody who knows a think or two about aviation on the ranking member on the transportation and infrastructure committee. rick, thank you very much for being with us on the show today. >> thanks for having me, today, i appreciate it. >> talk to me about oversight after this sort of epic fail here, by the system and the domino effect that it has created. what do you want to see happen? >> first off this is a major disruption of the traveling public, a traveling public that did not deserve disruptions especially after what happened over the holidays, what happened over last summer as well, and now one more major disruption to the traveling public's lives. safety is most important. and that's why when these notices did not go out to pilot, safety had to come first and they need them to understand the situational awareness of flying. and until they can get the system back up and running. i do think that the d.o.t., when it has answers, should brief

congress, specifically the committees involved with transportation, so that we know what happened. we can't look at this as some software glitch, this is a major problem, and we can't have this again. >> this leads me to my next question for you, which piggybacks what i was talking with my colleague and transportation correspondent tom costello with, have you seen anything in your position as a key member of congress on this front to suggest perhaps the role or bad influence of a bad actor or do you believe based on the evidence that you have right now that this is was an unfortunate software malfunction? >> all day, i've been thinking about that. there has been no information, no evidence at all to indicate that this is any sort of a result of a malicious activity. that said, it continues to be investigated. but it looks like a major software problem, but still, we should have, we have to have the safest system but we're also the united states and we should have a technology system that backs that up and we're going to need some answers and i'm sure we

will get answers out of the d.o.t. and they'll serve those to congress, so we can move forward on figuring out what to do next. >> and i'll touch on that, but i want to, you referenced thats this ha not been a fun few weeks for people trying to get places in the air, right, on planes. what does that say more broadly, when we look at what we've seen now, not just this summer and not just the holiday season but again here today, what does this say about how americans should feel as it relates to trust in air travel infrastructure and accountability for the air travel infrastructure? >> i think that people should, i hope they see that this decision made to go to a ground, a full ground stop is made out of safety, safety first, and we have the safest system in the world, in the united states, but it's because we are looking after the traveling public, and i think that the decision was right to go to a full groundstop out of safety first. but moving forward, you know, we don't want these kinds of things to happen, and look at what happened over the christmas holidays, and that cascades from

one airline and we look at what happened last summer when the demand for tickets outstripped the capacity for airlines to serve. it is a very sensitive system in terms of travel, and we need to put the traveling public first, and their safety first, so we'll take a look at what the secretary of d.o.t., department of transportation, comes out with the after-action review. i hope to be briefed on that and we can move forward. >> let me play for you then what we heard from secretary pete buttigieg here, knowing, as you well know, that several of your colleagues in the senate want to see reforms in this year's faa reauthorization bill which obviously pays for, funds the agency here. here's the secretary. >> we're going into a period where congress is looking at a periodic reauthorization of faa, and one of the things i'm asking from faa is what is the state of the art in this form of message traffic and how is it possible for this to be this level of

disruption. >> so congressman, what changes do you want to see to that faa reauthorization bill? >> the secretary is right on in his comments, we have the opportunity to look at the faa, the authorization that is due to be passed by september, so we have to get in on the work, and the second is that the faa does need to come back to the secretary and as well as to congress and say here is what happened, here is what we need for technology and software upgrades so we minimize the chances that the system does this again. that is going to take funding and i hope that as we, that the faa brings solutions to us, that they also bring the actual dollar figure to us, and that a divided congress, will come together, to support the faa race need for upgrades. >> congressman rick larsen, thanks for being on the show for us and i know it is a busy afternoon for you and a busy few weeks ahead. appreciate it. let's call a defiant george santos, how he is responding to republicans today who want him

to step down. and what garrett haake just heard from kevin mccarthy who will joins us a minute. and the antiabortion bill the house is getting ready to vote on soon and why not everyone in the party is on board. a lot to get to. stay with us. board. a lot to get to. stay with us i've got moderate to severe plaque psoriasis. now, there's skyrizi. ♪things are getting clearer.♪ ♪i feel free to bare my skin yeah, that's all me♪ ♪nothing and me go hand in hand♪ ♪nothing on my skin♪ ♪that's my new plan♪ ♪nothing is everything♪ achieve clearer skin with skyrizi. 3 out of 4 people achieved 90% clearer skin at 4 months. in another study, most people had 90% clearer skin, even at 4 years. and skyrizi is just 4 doses a year, after 2 starter doses. ♪i see nothing in a different way♪ ♪it's my moment so i just gotta say♪ ♪nothing is everything♪ serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to.

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as we're coming on the air, we heard from the chair of the republican party in new york, now becoming the latest member of the gop to today say that george santos should resign.

agreeing with republican leaders in new york who want santos to step down. we caught up with santos who is semi-responding today. watch. >> he is not going to resign, he says. doubling down. and we hate that phrase here. he is reiterating that message on twitter today too. house speaker kevin mccarthy says he doesn't think santos should be put on any top committees on congress, like any committee that handles sensitive or classified information. law makers from both parties tell nbc news they think the congressman can be a national security risk, he embellished, acknowledged not telling the truth about what school he went to and where he worked during his campaign. the work committees that if any he serves on and one suggested, the small business committee would be fine. and bring in our capitol hill correspondent garrett haake. a lot of us rolled the sound of

you and mccarthy and it was an interesting and illuminating exchange. here we go. >> i try to stick by the constitution. the voters and elected him. if there is a concern, he has to go to the ethics. but right now the voters have a voice in the decision. and we don't pick and choose. so yes, continue to search. >> what about some of the allegations, he himself has admitted to fabricating parts of his resume. >> yeah, so a lot of people here, in the senate, it matters but the one thing, it is voters that made that decision, he has to answer to the voters and the voters can make another decision in two years. >> do you trust santos himself? >> he will have to build the trust here and he will have the opportunity to try to do that. >> where does this go next? >> well, look, the backing of this elected republican in the country, it is going to go a long way for george santos, it looks like mccarthy bought him some time here. as you pointed out there, is no shortage of other republicans questioning whether santos

should be serving at all, whether he should be serving on specific committees, but mccarthy and santos are basically reading from the same playbook saying it is the voters of that district, in queens, long island, who sent him here, and only they will have a say in whether he goes home. that may not ultimately end up being true. the thing to watch here is how the criminal process plays out here. santos is under investigation. both federally and at the state level. for elements of his embellishments. specifically campaign finance-related issues. he denied any wrong doing and he avoided answering specific questions about this. but if he's indicted here in the united states, that could force the hand of republican leadership. it is worth pointing out that politically, it is in kevin mccarthy's most narrow political interest to keep george santos here, if we to resign the governor of new york could call a special election and vacant until the seat is filled and the third district, it is a biden

district, democrats would have at least a fighting chance to send another democrat to congress there, so i think for the republican party, keeping santos around, and you know, hopefully from their perspective, keeping him out of further trouble or embarrassment, is kind of the best case scenario for them right now. >> i mean it sounds like some of them, and obviously some republicans want him to resign, some of them are behind the scenes, it feels like the messaging may be hey, maybe do some rehabbing, rehab the image? >> look, there is certainly division within the republican conference how to handle this. some members have suggested he resign. others have suggested he not be placed on committees at all. mccarthy saying they need to build trust. i asked that question specifically for a reason because it was the language about trust that mccarthy started to use with madison cawthorn during the time period where cawthorn was getting himself in so much trouble with the conference and ultimately led the rest of the party addressing a primary challenger and cawthorn no longer in congress. and it doesn't sound like he is there with santos and it seems

like he is trying to give santos the benefit of the doubt and look at the gop image around him in congress and i have no idea how santos can do that, especially when he is encountering reporters every time he opens the office door and he has failed to say so far who he exactly is. >> we see it, garrett, in the hallway, and that's what he will face, now that he is on capitol hill and he is in thatting about. garrett haake is, a great question to speaker mccarthy. great point. thank you very much. appreciate you being with us. more developing news off the hill today on the senate side of things, because tomorrow, we're just finding out that the governor of nebraska will formally and officially announce who the senator will be to replace republican ben sass. remember he resigned to take a job at university of florida. nbc news is. canning some news about another senate seat from a different state, this one from california. democratic congressman barbara lee of that state is planning to run for the senate come 2024. two sources directly familiar with the situation tell our team that the congresswoman told other lawmakers, her colleagues,

about her plans at a closed door meeting earlier today. it comes a day after another california congresswoman, progressive katie porter, officially and publicly announced her push for that senate seat. and the reporter who first broke the story, nicholas wu, and i didn't know there was an open senate seat in california, in 2024, you didn't miss anything, there is no formal open senate seat in 2024, neither of the state senators including dianne feinstein have said they are planning not to run in 2024, we spoke to congressman lee after this meeting with the congressional black caucus. bring us up to speed. >> what happened here is congressman lee was basically telling her colleagues in the congressional office she was intendsing to secret senate seat in california in 2024, it is widely expected among democrats that senator feinstein will resign or retire from that seat. and then there has been a lot of speculation among democrats that

she will step aside. so congresswoman lee has signaled for some time that she is going to take a hard look at running. today, this was a very significant move for her, that actually goes, where she goes and tells her colleagues in a closed door lunch that she was intending to run for the seat. it's not an official announcement. but it is pretty close to moving right to the edge of saying that she'll run. >> moving to the edge, on a field that is expected to be, as our political team writes in today's first read, be pretty crowded probably. katie porter, adam schiff has been speculated about to be considering, rumored to be considering a run, et cetera. you see ro khanna is on that list as well, as far as the rumor and the speculations go. what are you hearing about a time line for something to change the game on this front, whether it's senator feinstein announcing she won't run and whether it is formal declarations to come? >> some of the members in the mix here have been intentionally vague about how they will

announce they are running. congressman lee told me she would not make any firm announcement out of respect for dianne feinstein and the massive flooding and storms that california is going through right now. yesterday, our reporter announced, there was some noise from congressman adam schiff's camp how it was kind of a strange look to be announcing for senate in the middle of all of these natural disasters. so perhaps once the dust settles, around senator feinstein, and once, you know, some of the relief is handled around california, you might start to see more dominos fall into place here. >> nicholas wu, thank you very much. turning back to the house, in 30 minutes, lawmakers are expected to vote on a pair of messaging bills on abortion, start the vote on a couple of them, start the process at least, one of them the move to condemn attacks on crisis pregnancy centers and the other will create new regulations how hospitals care for infants born alive after abortions, and these bills are creating some anxiety among some members of the gop, including republican congresswoman nancy mace of

south carolina who told andrea mitchell right here on this network that abortion access is important to voters in her swing district around says now is not the time to be taking these votes. >> this is probably not the way to start off the week. we should be looking at measures, for example, making sure every woman has access to birth control, and if you really want to get serious about this issue, and reduce unwanted pregnancies, i've got entire counties in south carolina that don't have a single ob-gyn doctor. those are the issues that we really need to be talking about. >> i want to bring in senior national political reporter shail kapur. nancy mace, the congresswoman from south carolina has been vocal about this point of it. walk us through why she and other republicans are nervous about this and what we might see when voting begins. >> they're nervous because they can read a poll just as well as anybody else and there is a mountain of evidence that the issue of abortion has become a liability for republicans ever since the supreme court majority they built overturned roe v. wade last summer and hurt the

gop in the midterm elections and led to the wafer thin majority and probably cost them seats. and by a margin of 76 to 23%, voters who cited abortion, cited republicans and the second most important voting part in 2022. and remember the republicans can only lose four votes as long as all democrats are united before a bill goes down and so far we heard nancy mace criticize the bill. she is not the only wunl. others have concerns, and one is brian fitzpatrick of pennsylvania and -- he talked to andrea mitchell earlier today. >> a friend of mine and i agree with her, she is right about that and i don't think it is wise to be going down this path. >> now fitzpatrick is one of 18 republicans who sit in districts that president biden carried in the 2020 presidential election.

keep your eyes on those republicans and tip of the sphere in terms of possible desires to defect against the party leadership and not want to support anti-abortion restrictions. a couple of facts, hallie, to close with, the first is that when it comes to late-term abortions, abortion after 21 weeks, is extremely rare, it happens in only 1% of all cases, according to the centers for disease control and prevention. many of those cases are about concerns regarding the woman's health, and concerns regarding serious fetal medical conditions. and the second factor that this is not the broader nationwide abortion ban, that social conservatives want. they want a 20-week ban and 20-week ban and they are determined the federal antiabortion movement are to pass restrictions and give us a sense of the appetite among the slim republican majority to go further hallie. >> a great point to end on. and the question, what does this say about how much abortion access will be an issue for the republican-led house over the course of this new congressional

term. >> we will find out the answer to, that at least the beginnings of the answer to that, very soon. and we know what happened with the house of representatives when it comes to abortion restriction is not going to get through the democratic-controlled senate where they have 51 seats and welcome the fight with open arms and they know how politically beneficial it was for them, they see the energy on their side, stirring up progressive supporters of abortion rights and winning over independents and certainly not going to get president biden's signature even if it somehow passes congress but the politics of this are important, and sets up a sharp contrast between the two parties ahead of the 2024 presidential election, when the presidency, as well as control of congress, where they're going to be ultimately up for grabs. we'll find out in the coming weeks and months just how republicans want to fight this battle, hallie. >> sahil, thank you. we got to get some news breaking to us just in the last couple of minutes here at nbc news. aides to president biden have apparently discovered another set of classified documents. this time in a different

location than the office where the first batch was discovered, according to a person familiar with the matter. i want to bring in now the team breaking this story, nbc news white house correspondent carol lee, our justice and intelligence correspondent ken dilanian. ken, let me start with you. what do we know? >> hallie, aides to president biden have been conducting an ex haus tive search we're told of other locations to make sure they gathered up all of the classified documents that went to the wrong place and it happened once and it could happen again oons and we have been told they found one additional batch of classified documents. that's all we know. we don't know the extent or the nature of the classification of the documents. we don't know exactly when they were found. and again, we don't know whether this is anything more than inadvertent error by whoever was packing the documents as they left the biden white house. it is significant because it shows that the scope of this may be more broad than we first realized. and we were initially talking about a set of a less than a dozen documents in one location,

at the penn biden center. and now it appears there are more classified documents that ran astray after joe biden left the obama administration. >> former federal prosecutor and u.s. attorney, msnbc legal analyst joyce vance is joining us as well. ken, stand by for a second. joyce, the white house has made clear the documents were turned over immediately the second they were found essentially. what does that say to you, what does that mean for any potential legal culpability here? >> so there are two important questions when you find a spill of classified material like this. first, you worry about national security concerns. because top secret classified material, we don't know that that is what this is, there are different levels of classifications, that the top secret material is material that has the potential to do grave damage to national security. so your first job is to assess the risk, and to take care of that risk as much as possible. the criminal considerations are secondary consideration, once national security concerns are

ameliorated, and in this area, criminality depends upon the concept of willfulness. is there a knowing effort to remove classified documents from the environment that they should be in? and perhaps to use them for an improper purpose. we all know what the outside ranges of that are, that sort of spying activity, which is very unlikely to be at issue here, i think there is probably a zero chance of that. but you also look at whether someone retains these materials for an improper purpose, or perhaps does it intentionally. there are a range of different statutes. even in a situation like this, where all of the appearances are that this is a team of biden lawyers who are going above and beyond doing prophylactic searches in every area where they know doctors are to ensure that no classified material is in an improper place, there is every appearance that this is a mistake, and mistakes do happen in this area, they shouldn't, but they do, on occasion, and this appears to be a mistake,

not a willful action, but d.o.j. will have to fully investigate to ensure that there is nothing else going on here. >> joyce, thank you. let me bring back in ken dilanian, and mark memoli as well. carol, let me go to you. as nbc news is reporting, you and the team, at least one additional batch of classified documents have been found but a separate location from the other office. there are some things that are not clear. as you and ken and mike note in the story. including the classification level. how many documents there are. the precise location of the additional documents. when they were found. and if there is a continuation of a search for any other classified documents from the obama era, right? >> that's right, hallie. one of the things that we know is that aides to the president are conducting a search, have been conducting a search at various location, anywhere that he might have had documents from his time serving as vice president, to go through those, to sift through all of those boxes, to figure out if there is anything else there, that they

want to get their arms around, the sort of scope of this issue, and to hand over anything else that might be classified that is in among the now president, former vice president's materials, that he has had stored, so there is a search and we know that that has been taking place, and a number of locations outside of washington, d.c., the president obviously has two homes in delaware, and he potentially has stored documents since he left in other locations. so that is happening. at the same time, we know that this batch of documents that was found at his office in washington, d.c., at the penn center, is not the only batch of documents, classified documents that are out there. so there are a number of questions that we don't know, but in terms of questions we've been trying to get answers to from the white house, including in that briefing with the press secretary, are there additional documents, are they trying to find those? we know the answer to both of those questions was yes. >> carol, i want to also note, in the piece here, that is now

live on nbc news.com, there has not been a response to a request for comment here from your team here to the white house. >> that's right. we've reached out to the white house and they've not gone back to us, gotten back to us for comment. >> what else do we know about the new reporting, ken, and specifically back to the beat you that cover which is the justice department, for the review? >> as we were doing the reporting, we noticed a line in the original statement that the white house put out which i think is telling now in the context of this new reporting, by richard sower the special counsel of the president, saying since the discovery, the president's personal attorneys have cooperated with the archives and the department of justice, in a process to ensure that any obama-biden administration records are appropriately in the progress of the archives. so the implication there is that they, even after that november discovery of classified documents, at the penn biden center, they were working to make sure, that's what we're now

reporting, that there weren't others in other places and doing an exhaustive search, and they did find some. now, this reporting alone, to answer your question, hallie, does not really speak to the issues that joyce was talking about, because that, the criminal issue here, all hinges on intent, and whether anything knowingly knew classified information for nefarious purpose and even to protect from embarrassment, cases in american history, where officials have taken documents because they didn't want the public to see them. there is no evidence of that, that we know of. and the justice department is faced with, they know more than we do, and they not circumstances of how the circumstances came to be in the wrong place and who got them there and merrick garland had been briefed with the help of the fbi who investigated this matter and now he has to decide whether there is a criminal issue here, whether to appoint special counsel, to move forward, with a criminal investigation.

and based on what we know right now, there is no reason to think that we decide that that is necessary, but as this new reporting shows, there's a lot we don't know about this whole situation. >> ken dilanian and carol lee, thank you very much for us for that story at nbc news, and joyce vance for your analysis. appreciate it. next up, the mud slides, the absolute mess out west making it one of the worst month force california in a very long time and guess what. it is not over yet. look at this. they can't catch a break. we will talk about the storm that is next on the radar for folks out west in just a minute.

one of the worst month force one of the worst month force

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over in delaware, some new drama in bankruptcy court today over the formerly big deal crypto giant ftx. lawyers now revealing some new details about the billions of dollars of basically missing crypto saying ftx has recovered $5 billion in liquid assets, cash, crypto and securities but that does not include the $425 million that the sec is holding in the bahamas. what does that mean. a little bit of good news for ftx customers after the company initially said $8 billion worth of stuff was missing. the question is how much does ftx still owe creditors? that's still tbd. lets me bring in eamon javers who is joining us live. what else are we finding out from this hearing today? what else do we know about the recovered assets? are people going to get their money back or what? >> that's the big question.

call this firm a former big deal. now it's a current big mess, because the question is where is all this money? you talked today about these lawyers for ftx saying they have $5 billion in assets they can identify right now, but they also said in this hearing though that the line of credit that was improperly extended from ftx to alameda, the hedge fund controlled by sam bankman-fried that gave sam bankman-fried direct access to customer funds, that line of credit was $65 billion, and they don't know how much of that money was accessed or where all that money went and whether they can get any of it back, so testify $5 billion on hand but a big $65 billion potential hole there. they are trying to figure all that have out right now so it's still going to be some time before customers can get any money back. one of the big questions in all of this is whether customers' names would be made public. the judge punt that had for another three months deciding to hear more information about whether or not he should make those names public. generally creditors' names would

be public in a bankruptcy, but in this case he's holding off on this because there's 9 million customers here all over the world and all over the country so the question is if you had money there, will your name show up as part of these documents? undetermined as of yet. >> what i also find so fascinating about this whole thing is the purely human drama on it as it relates to sam bankman-fried, the now disgraced founder of ftx who did a bunch of interviews when this was going down. he under again house avest doing his first on-the-record interview on "the puck" and you wonder why this guy is still talking. teddy has some takeaways and writes about how sfb, sam bankman-fried seems contrite had but also knows he needs to seem contrite and it's hard to tell kind of what is a performance and what's not. >> look, every corporate lawyer in the world would tell you if you're in a jam as big as sam bankman-fried. >> shut it. >> shut it. did not talk. you can only make things worse for yourself. sam bankman-fried has decided

the opposite, that he can make things better for himself if he dogs. otherwise he wouldn't be talking so he seems convinced in his own mind that he can sort of talk his way out of this might be a little too glib, but that he can improve his situation by continuing to talk to the press, make himself seem more of a sympathetic figure in all of this. i can tell you that the attorneys for ftx who have been in these bankruptcy hearings and the current management, the new management at ftx that's taken over since he's left, they are sort of, you know, i pad at the poor level of management at that firm, the lack of bookkeeping, record keeping, internal controls of any kind. i mean, you rarely hear this kind of blistering criticism from one set of management to another set of management. i mean, they really feel like sam bankman-fried did a terrible job of keeping track of everything, a, and it's an open question of whether any crimes were actually committed here in the course of all of this. >> cnbc's eamon javers, as always, great to see you here on the show. thanks for that breakdown.

appreciate it. back here in washington let's talk about something you may be hearing about like a lot today and that's your stove, your gas stove with republicans out there claiming, some of them, that the biden administration wants to take your stove? what? is that true. back story. a member of the consumer products safety commission says they are considering a ban over health concerns over new construction, and that's fueling let's call them hot takes from some of the gop. republican congressman byronin donalds to get your hands off our gas stoves, although that rhetoric may be a little overheated. the head of the commission says they are not coming tore people's gas stoves. not an official proposal on the table level. me bring in ryan nobles, our capitol hill correspondent. again, reality check, ryan. this would affect -- some places already have a ban on gas stoves on new construction, right? but it's not as though i have a gas stove, you know, federal agents are going to run in and take my range out of my wall. >> reporter: yeah. is there going to be somebody

knocking on your door tomorrow ripping your gas stove out of your kitchen. that's not going to happen or any time soon. millions of americans have gas stoves of the they are not going anywhere. this is merely the beginning of a conversation with the consumer products safety commission and the government about ways to perhaps regulate these stoves and even perhaps deal with new construction, as you rightly mentioned, but it hasn't stopped republicans from pouncing on this, trying to present it as an overreach of government. you mentioned byron donalds' treat about it and senator tim scott says you can always count on people to golden knight gaslight the american people, using a play on words to try to crush the biden administration n.reality, this is not anything that's happening any time soon. this is not something that you need to worry about in the immediate future. this is, again what, federal agencies do. they are constantly researching and reviewing products all the time to make sure they are safe for the american public, and it's just the beginning of the conversation. at no point should you expect a

knock on your door, hallie. >> a sigh of relief on that. thanks. out west things have been dangerous and deadly, and the storms in california are still not letting up. this is affecting the whole state from san francisco all the way down to san diego. you're seeing some of the images on your screen here, mud slides, flooding, trees down, emergency rescues, everywhere. you can see there are people of stranded, people having to be pulled to safety. we're hearing last hour 18 people in all so far have been killed in the horrific weather that california has seen over the last two weeks. officials estimating the damage could cost more than $1 billion to fix, and this is not over with. the bay area is getting hit with more rain and are bracing for what could come later in the week. we have more now from forestville, california. marisa, talk us through it. >> reporter: hey, hallie. you said it yourself. this has been costly in every single way, not just in dollars

and cents which when all is said and done, when you look at all the damage across the state, which is a massive state, by the way. this is extensive. we've talking about damage to homes. we're talking about damage to roads and infrastructure, but also costly when it comes to lives as well. the latest death was actually announced by sonoma sheriff's office. we understand it's just a few miles away from here. a car was found with a body inside of it. that car was submerged, and apparently when they went into detail about what happened the sheriff's office said the person inside had called them but it was too dangerous to get out to them, and that's something that we're seeing time and time again. you know, we talk about these evacuation orders and these evacuation warnings. it's very hard to predict when and where flooding will actually occur. we're here at brushing river. for those around this area, this is a river that's been known to flood before. you can see behind me the signs show you just how high the water level. is to give you a little bit of perspective over the summer you could very easily walk around

this place. i mean, this is supposed to be a beach. obviously the water levels are too high for something like that, but this is nearly ten times what it was over the summer, and so out of precaution they actually evacuated some of the people who live around here. this is a trailer paring right here, and the landlord told all of them to get out, to move their trailers. >> yeah. >> we smoke to one of the woman who has been in a state of panic ever since. take a listen. >> thursday morning, my landlord came over and said i need everybody to move. basically i was already situated, had all my clothes and two cats ready to go. i guess the stressful part was more or less like where are we going to go? like where is my home for now? >> reporter: so hallie, something that we're so familiar with is just when we talk about the scope of the threat. it's not just the rain. it's not just the wind, by, which the way, has knocked over

trees on to houses, on to cars. it's the landslides. it's the mud slides, the soil, more vulnerable because of the wildfires that have already hit here, and so we're only a few miles away from where a toddler was killed one week ago today from a tree falling on his house while he was inside of it, and then there's still that 5-year-old in paso robles who has not been found yet. >> it's an awful situation. thank you for the reporting. we're just learning here in washington that president biden, according to the white house, spoke with the california governor, governor newsom, about all of these storms. the white house says that the governor thanked the president for his swift action on the emergency declaration, among other things. marisa, thank you. that does it for this hour of us here on msnbc. find us on twitter @hallie on msnbc and, of course, as always over on our streaming channel for nbc news, nbc news now, and every week night at 5:00 eastern for show number two. nicole picks it up with "deadline" right now. ♪♪