>> kerry, i learn something from you every single day. i stand in awe of your extraordinary career. i know that you are just starting many aspects of your life. we will keep in touch. >> thank you, kerry, for everything. joy reid, chris hayes making strides becoming more an equitable and justice society. that wraps up the hour for me. i am josé diaz-balart. thank you for your time. lindsey rogers picks up with

more news right now. good morning, everybody. i am lindsey reiser at msnbc headquarters in new york. president biden is expected to meet with the prime minister of the netherlands at this hour, and that meeting comes as the white house is facing intensified pressure after the classified documents from his home. both the white house and the secret service are pushing back saying there are no logs since this was a private residence. ahead where republicans are likely to go from here and more on inside the white house on how they are juggling this political headache. then the president is set to visit california thursday to get a first-hand look at the trail of devastation left behind by a revolving door of deadly storms. 400 mudslides have been reported in a matter of weeks and thousands are still under

evacuation orders. >> probably about 10 or 12 feet high of mud, tree, debris, mud and dirt. we'll figure it out. >> it used to be a 50-year flood zone and now it's a 3 to 5-year flood zone. >> as the price tag for rebuilding could potentially hit $1 billion. a shocking story out of new mexico. a house candidate was just arrested connected to the shootings of homes of democrats. we will start with the fallout of the finding of classified materials from biden in his post obama years. joining me, a former press secretary in the obama white house, and the former assistant

attorney general during the clinton administration. how is the white house grappling with not just the beginning of a house republican investigative storm, but also the special counsel? >> well, this is certainly a political challenge, and one that will not go away easily. part of it is simply getting through some of the basic facts that you just laid out. once republicans talk about visitor logs, then you have to explain that a private residence, even one belonging to the president, there isn't that kind of official record keeping that you do have at a government facility like the white house where there are what are known as wave records, that are a formal document that go into the formal presidential records. at the president's home, there's

screening for the protection of the president if there's a visitor coming to his home, but there's not that kind of record keeping. simply getting the facts of what are we trying to talk about on the table and how is that different from the issues with former president trump and his ongoing issues, that's part of the challenge. and then today the president is trying to conduct the business of state meeting with an official from the netherlands and there are issues that are certainly on the world stage, and this kind of a political challenge and a potentially legal challenge are getting in the way of that and posing problems. the biden white house also had its issues with dealing how have they disclosed this information? there's disclosure through the legal channels, going through the department of justice and then the public side of it, where they have not been as transparent as they might have been and that has raised questions. what we need to know, when did

he learn about this? what access did he specifically have to the documents? and because of the classified nature, we don't know specifically what the contents of the pages include, and that could shed additional questions and context here, so there's so much we don't know but it's a political jam for the biden white house. >> peter, republicans reacted to what the secret service and white house was saying. >> just because they said it, you don't just take their word for it. we're talking about classified documents. we're talking about when the justice department clearly had the knowledge of this prior to the election and sat on it. >> i am not sure if they have formal record books or not, but we will have to seek it through testimony by family members or those who have been at the residents. >> i think there are a lot of

questions that continue to raise and we want to get all the information possible. >> peter, based on your sources here, does it pay for the white house to go into battle with house republicans or participate in an investigation for them? by the way, we should remind people, members are trying to equate biden's situation to trump's at mar-a-lago. >> it will be interesting to see how the republicans are in handling the classified documents now, and they were not that interested when president trump kept more than 300 classified documents and resisted returning them. he intentionally took the documents and he said over and over again that they were his and he could keep them, and he resisted efforts to return them and even a subpoena, and that's why they are looking at an

obstruction of justice charge. nothing like that has happened with president biden, and so far we know they discovered them by accident and when they did they called the archives to return them. president biden said he was surprised and did not know they were there. that bears a resource to find out if that was the case. the white house, they have a precedent set by president trump who stiff armed congress's oversight and investigation during his presidency time and time again, and he said he would not respond to subpoenas, and the question for president biden is does he follow that same precedent or return to do what he says he wants to do, which would be the normal course of conduct and respond. congress is partisan and they always are. does he have an obligation to respond to subpoenas and request

for information as others have in the past? >> harry, i don't recall hearing republicans demanding to see visitor logs from mar-a-lago, and could that be a hindrance to either counsel? >> no. why are we asking about who are on the visitor logs? every single segment on this and it will continue for months, and it would be peter baker's 30-second reminder of why it's completely night and day. i wouldn't call it a fishing expedition, and that's a routine thing. he's a private citizen and there's no reason to think it would be there. also, there's been nothing to date shown that would lend any suspicion, the slightest suspicion on biden as a person that he even knew about the documents. why are they going on this kind of fishing expedition to see

logs? it just doesn't compute. it's really -- as everybody said so far, it's a -- it's a possible policy issue dressed up in political attack dog terms, and they are going to go as far and wide as they can, but it doesn't mean it relates to anything of importance to government or biden's own conduct. >> we pointed out some of the drastic differences in the two cases here, and we have been reporting on the frustration democratic allies with how the white house handled this. as a lawyer in the clinton white house, he told nbc news, quote, he has to say i messed up and i apologize. it's not too late for president biden to own up to mishandling this. own it. and the press secretary said he takes this very seriously, and

having worked in the communications world here, what do you think of the response so far? is that sound advice? >> well, i think what is frustrating to democrats and it's frustrating inside the white house is that the reporting on this from the white house's perspective, and i don't mean the external reporting by peter and his colleagues, but the statements that have gone out, you don't want to put out three statements when you can put out one, right? so what they are going to have to do is get all the facts in an important timeline. i will be fascinated and interested to see with the dutch prime minister there today, what sort of coverage do they have? is there going to be a pool spray inside the oval office? are reporters going to get two or three questions and statements from the biden and the dutch, and are they going to get a chance to question biden? will he say, will he reiterate

he had no idea the documents were there, and then the timeline, where they talked to the justice department? they will have to have the president say something, put a fence, if you will, around a timeline, because it's going to be hard and contrast what peter talked about in a political world unless the white house can clearly demonstrate every single day the difference between 20 mistakenly taken documented and 300 purposely taken documents. and there is going to be a great desire, i am sure, by some in the communications department, let's get all this stuff out and let's set the timeline and tell everybody all that we know. the lawyers on the other hand will say there's a special investigation, and there's a limit to what we can do.

that sort of wrestling match will probably happen this weekend understanding there is going to be a communications spray in the oval where reporters can get a statement from the president on this. >> for example, you are a fellow obama white house alum, and it has been suggested any press secretary put in this type of crisis would be in a tough spot in terms of what can be disclosed and can't be, and should the white house name a public facing person to address these issues? >> i definitely would. i would have somebody as a spokesperson -- there are people there now from the office, and they need to get it out of the briefing room. the most important thing is getting today's timeline and

information and transparency out such that the questions become not less reasonable, but less pressing on the white house apparatus. that's the real thing. let me just say, as a communicator in that wrestling match between communicators and lawyers, i hope there's a forceful communicator in the white house saying as much as they can, because we will see the republicans ask for things like visitor logs that they knew didn't exist. the best way to get out ahead of that is to put forward as much information as you humanly can, since what they are asking have largely been answered to the degree they are capable of answering them. >> thanks to all of you. straight ahead. assessing the damage, after a massive week of rain, repairs to

infrastructure alone could top a billion. plus, a wild arrest in new mexico after a string of shootings targeting homes of democratic officials, the police have a suspect. as ukraine repairs for a new russian offensive, one man leading a group of russian fighters is threatening to upend russia's entire military establishment. details ahead. military establishment. details ahead. . i would have hired actually talented people from all over the world. instead of talentless people from all over my house. i've never been healthier. shingles doesn't care. from all over the world. but shingrix protects. proven over 90% effective, shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix.

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california are finally getting a break after weeks of dangerous severe weather, but the difficult recovery process is just beginning. president biden will travel to the golden state thursday to meet with first responders and state and local officials. he'll get an up close look after the devastation left behind.

nbc's dana griffin is in capitola, california. how are locals there dealing with the aftermath? >> reporter: lindsey, good morning. they are dealing with it with a resiliency. these businesses located along the beach front have been taking a beating over the last few weeks. some have their windows boarded up because they were broken by the high waves and debris coming through. one of the business owners showed us -- you can see some of the damage on your screen. one business owner walked us through his restaurant just to show us how extensive the damage is. here's what he showed us. >> you see, this is all the broken glass. the waves came right through here and into the restaurant. this was our deck when you walked in, and this got blown up

and was out in the middle of the street. that's how hard the waves hit. you know, i don't know, if there's a playbook for this kind of thing. i don't know how to deal with fema. i read it in the news and there's not like a fema guy to tell you what to do. >> reporter: that's kind of the sentiment we are hearing from a lot of the business owners now, what do we do to help ourselves get back up and running? a lot of them are looking forward to the president's visit on thursday to these devastated areas so they can know how much money california is going to get and how are they going to get some of the relief. the emergency management director told me there are about 1,000 residences and businesses that have had flooding and damage and will need help, lindsey. >> of course. thank you. let's try to get answers. joining me a public information office with the california governor's office of emergency services. thank you for being with us here. maybe you can answer that business owner's question that

talked to dana. what are people supposed to do? how do they get help? >> well, thanks for having me, lindsey. the first step, of course, is the president did just sign that emergency declaration last week, and he's coming in later this week. that's not only going to help individuals, like that business owner you just heard from, but it also helps the state and government entities go through and get roads back to normal, get these roads passable and fixed as quick as possible. we have schools that are still closed because they had flooding. that not only impacts the kids going to school for education, but many of these kids get two of their meals a day at school and we want to make sure they are being fed. we are trying to work through all that as quick as possible. the people behind me in the state emergency operations center is working seven days a week since new year's eve to help out as quick as possible. >> are those people supposed to call your office? >> there's a website,

disasterassistance.gov. if you have had damage to your home, building, business, go to that website. we have boots on the ground up and down the state of california. this storm impacted almost the entire state from top to bottom. the estimates i have seen, the 10 or 11 storms that have come threw dropped 22 trillion gallons of california and that's enough to cover the entire state of california in 15 inches of water. >> what do you hope is accomplished with the president's visit there? >> i think just he getting eyes on the damage. whenever -- the white house has not released where he's going, but we had the fema administrator in over the weekend and i went with her on areas impacted in the middle of

the state, and she saw firsthand the impact that the storms had combined with the winds and with the relentless day after day after day rains, roads being closed and people can't get around because they are cut off from the other part of the community, and it's good to get eyes on that damage that is impacting our residents. >> at the beginning of the newscast we heard a gentleman say it used to be a 50-year flood and now it's a 3 or 4-year flood. how do we deal with this maybe being the new normal? >> the good news is, california is prone to all kinds of disasters. we had an earthquake that damaged part of the state as well, so we are used to trying to pivot and react as quickly as possible. if these floods were a wildfire,

and we are commonly seeing wildfires in california, and because we have had fatalities across 12 counties, and we know how to respond, we know how to quickly get organized and try and help get people back to some sense of normalcy as quick as possible. >> i know this is impossible to ask you to look into a crystal ball, but how long do you think the areas impacted will look like themselves again? >> it will take a while, lindsey. no question about that. i hope we can stress to all 40 million residents in california, that federal major disaster declaration freeze up a lot of entities and resources to come in, and we are working around the clock to make this go away as quick as possible. we are looking for the slightest glimmers of hope. for me, personally, driving into

work there were blue skies and that's a welcome changed after what we have been through in the last two weeks. >> thank you to you and your team for joining us. once again, disasterassistance.gov. next, a bizarre story out of new mexico is next. and then why tesla shareholders are seeking billions. i mean the tender chicken, the peppercorn ranch... i love my rings but i'll cherish that lunch... forever. the subway series. the greatest menu of all time. (bridget vo) with thyroid eye disease... i hid from the camera. the subway series. and i wanted to hide from the world. for years, i thought my t.e.d was beyond help... ...but then i asked my doctor about tepezza.

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lawmakers out in new mexico. the motive is simple. he believes they were responsible for what he calls a stolen election. this morning a former republican candidate is behind bars in new mexico for a string of shootings allegedly targeting the homes of local democratic officials. >> these shootings were orchestrated and dangerous attacks, not only to the individuals but fundamentally also to democracy. >> police arrested solomon pena on monday, describing him as an unsuccessful legislative candidate. >> he had complaints about the election and felt it was rigged and he approached the commissioners and senators at home with paperwork claiming there was fraud. >> back in november, pena lost his race decisively. in his last tweet, he expresses his support for former president trump. he wrote, i never conceded. i am researching my options.

now police are accusing him of conspiring in the shooting of four men. >> pena reached out and contracted somebody for an amount of cash money to commit at least two of the shootings. >> on january 3rd, pena joined the men attempting to fire at one of the homes himself but the weapon he used malfunctioned. >> the evidence that we have is not only firearms, but cell phones and surveillance video and multiple witnesses. >> reporter: over the course of a month, police say four homes were damaged, two sprayed with more than a dozen shots. fortunately nobody was injured. >> this type of radicalism is a threat to our nation and made its way to our doorstep here in

albuquerque. >> reporter: according to the "albuquerque journal," pena spent several years in prison for a smash and grab scheme in 2008, and that felony conviction hung over his political career. albuquerque police have not said what crimes he will be charged with but only said it would be several state crimes. we reached out to pena's campaign to see if they have anything to say about this, but no word yet. a bizarre story here out west. and then a class action suit filed by tesla shareholders against elon musk. musk cited a deal that never materialized. cnbc's morgan joins me. where does tesla stock stand

right now? >> tesla shares right now, despite the fact that all eyes are on san francisco and the beginning of the suit, are trading higher this morning. let me take you back more than four years, lindsey. august 7th, 2018. this is the date of the now infamous tweet fromelon musk. funding secured. the stocks shot up. when reports emerged over the coming days that perhaps the $72 billion deal was not so secure, it plummeted. in the class action suit, they are alleging musk's tweets costs investors billions of dollars. and they have denied wrong doing, and they are going to argue that musk had good reason to believe it was going through.

musks' legal team argued to have this case moved to texas where tesla is now headquartered because of potential jurors feeling, quote, passion of negativity" against the billionaire. as i mentioned, the stocks are higher today but it's coming off of a historic selloff. keep in mind, since august of 2018, tesla is still up more than 450%. >> any idea how long the trial is expected to last? >> about three weeks. >> thank you. after the break, shifting sides of the war in ukraine. as ukrainian forces are preparing for a new offensive along its border with belarus, russia is grappling with a disruption in its military ranks. covid explosion in china.

hospitals beyond the brink, and the threat of another looming surge. the latest from beijing, next.

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this morning ukrainian forces are intensifying their focus towards belarus. nbc news learned ukrainian forces have been preparing for that prospect for a while, around a network of neatly dug trenches on ukraine's border with belarus. meanwhile, for russia, the drills in belarus come as matt bradley is live. take us through what we are seeing on both sides.

>> reporter: yeah, from the ukrainian side, i was just in kyiv speaking with intelligence officials. there's very real worry the russians will launch a new offensive and that it could come from belarus. if they did, that would be making a play once again for the capital of kyiv. there's some skepticism. the intelligent official we spoke to said, look, the last time it was a massive disaster, and they were forced to tuck and run back to the border. they don't necessarily believe a new offensive could come from belarus. a lot of them could come that a fresh offensive could come from the east around the area of soledar and bakhmut. the man responsibility for the rare victory is not from the

russian army. he leaves his own private army that some people think has numbers as many as 50,000 soldiers. the man leading it has become both a celebrated hero for russia, because he's managed to make this one victory, and also a thorn in the side for the kremlin. >> russia's assault on soledar left this town broken, and it also broke into the open infighting in the kremlin's upper rank, between an oligarch and a military establishment that appears to want him sidelined. he has turned eastern ukraine to advance his own political ambitions. he said he was in the salt mines under the city, boasting online the victory was his and his

private army's alone, while roasting the russian military that he said had not helped. he did not hoist russia's flag, but his own group's flag. even as the battle raged in soledar, putin demoted one of per goson's allies. >> the target is to neutralize him. >> who is this shadowy figure? he was a caterer to the kremlin. but then soon he was doing dirty work where his soldiers have been accused of war crimes. it was ukraine that put him in the public eye to lead the fight in ukraine's east. he needed more men and he found them among russia's most

desperate, recruiting convicts direct from prison with promises of pardons. >> nobody goes back, and nobody backs down and nobody surrenders. >> ukrainians call his style of fighting meat waves. the self-promoting man showcases every state of his human meat grinder, addressing his mercenaries on the front lines, and demanding his amputee troops run to the front. >> if a mine explodes, a new leg will be welded. >> ukraine and america say these battles have little strategic battle. the victory is for he, himself. >> and he's doing all this in

order to further his political ambitions? >> translator: i would say that's the case. in particular, strengthening the areas surrounding putin. >> climbing the ranks by the corpses of his own soldiers. >> reporter: we just heard over the weekend that one man in the group made it to norway. he crossed the russian norwegian arctic border by foot, and he told officials there he was asking for asylum in norway. >> just astounding reporting. thank you. joining me, pentagon correspondent with the "new york times," and mark jacobson, assistant deen at the maxwell

school. i want to get your reaction to that reporting from matt on that group and his leader. what do you make of his emergence and how he got there? >> look, that story is very fascinating from a couple standpoints. first, we know that putin's aachilles' heel is a domestic issue. it's probably a good thing in terms of putin having to focus on the domestic waivers, having to worry about victory's abroad that speak to a new leader. on the other hand, this could be horrible for the ukrainian people. there's no loyalty of these soldiers to anything other than money. these are private -- these are mercenaries. i also think that we look at the history of this group, and there's certainly almost 100% certainty there will be war crimes committed. i worry about the brutality on

the battlefield here. there's also a great vulnerability and we have seen this. the soldiers are not loyal to anything but money, and if somebody could make them an offer, maybe not cash but an better offer that what comes next is not going in a body bag when the war is over, and maybe we could get enemy forces to surrender. >> how seriously is the pentagon taking not only this threat from the group but also the purported victory in soledar? >> the pentagon has been, obviously, watching this for the last several days. soledar, one of the things that strikes them, and i was talking to a defense official yesterday and what struck him on soledar, is how insignificant that victory is. this is a small town.

this is not that big of a deal. this is not by any means a major city that has been taken by the russians, and the fact that they are making such a big deal overtaking this town shows, according to several defense officials, just how far they have them come in the war. we are seeing all this talk right now about big russian offensives that might be coming, and the reality is people at the pentagon doesn't believe russia has the comeback power they might need in order to be able to do that much. where is vladimir putin going to be getting -- able to get the reserves, the -- is he going to do another mobilization? is he going to do another kind of -- another draft? he doesn't have very many trained troops who are ready to do anything remotely towards coming towards kyiv.

there's a lot of skepticism at the pentagon. >> given this purported new offensive, how concerned are you of belarus joining in the war? >> i am less concerned. i think politically this is a lose/lose situation. and this goes to the psychological impact that can scare the ukraines in doing these exercises. it means there could potentially be a threat, but i am less worried about that. i certainly think that there should be more concern about that border being used to

infiltrate small numbers of troops in and cause disturbances that have disproportionate public affairs behind ukrainian lines. i am not worried about a full scale onslaught. >> the chairman of the joint chiefs visited with ukraine forces training in germany with u.s. troops, and do you get any sense the u.s. involvement would change over the coming weeks? >> yes, i wish i was on that trip. you will see more and more weaponry going over. we know congress has already approved in the defense bill how much will be going to ukraine. i think you will see in the coming days, strikers and more fighting vehicles. then there's the question of whether or not the united states and nato countries -- you have seen tanks going from -- britain

agreed to send tanks, and germany should not be too far behind, and you may see that from the united states, although the biden administration continues to be careful about what kind of weaponry they send to ukraine. >> we have to leave it there. thank you, both. new details this morning on the deadliest airplane accident nepal has seen in three decades. authorities say there were no survivors on the plane that crashed in the himalayas over the weekend. the video we are showing you now, capturing the plane's final seconds in the air as it banks hard to the left. investigators are on site as we are learning the pilot asked for a change in runway minutes before recovered intact are being sent to france to help determine what went wrong. as the bodies of the victims are now beginning to be returned to their families, the airline said the co-pilot was a veteran, lost

her husband, who was a pilot, in a separate crash in 2006. hospitals beyond capacity. funeral homes overwhelmed. the new concerns about china's exploding covid crisis and why officials think it could get even worse. we are live in beijing next. eij. unlock new insights and efficiency-right now. allow monitoring of productivity at remote job sites, with next-generation bandwidth. enable ai cameras that spot factory issues in real time, using next-generation speed. and deliver ultra-capacity 5g coverage that's years ahead of the competition. t-mobile for business has 5g that's ready right now. when a cold comes on strong, knock it out with vicks dayquil severe. just one dose starts to relieve 9 of your worst cold and flu symptoms. to help take you from 9 to none. power through with vicks dayquil severe.

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>> singers: ♪ safelite repair, safelite replace. ♪ when moderate to severe ulcerative colitis persists... put it in check with rinvoq, a once-daily pill. when uc got unpredictable,... as we told you at the beginning of the hour, president biden met with the prime minister of the netherlands at the white house. let's listen. >> we have had a great relationship with our countries. i look forward to discussing a lot more in detail. >> thank you. thank you so much. also, thank you for hosting me. it's the first time in my five visits the fireplace is on. i would have told the press we are the second biggest investor in the united states and the united states is the biggest investor in europe. we have seen this terrible footage coming out this weekend.

innocent children, men and women. an apartment building was hit. many people died. these are horrible pictures. it strengthens more our resolve to stay with ukraine. i want to commend you, personally, and the united states for your leadership. i'm convinced history will judge that in 2022, if the united states would not have stepped up like you did, things would have been very different at the moment in the fight between ukraine and russian aggression. we have decided to spend another $200 billion helping ukraine. if you compare this to the size of america, it would be over $50 billion. what you are doing with germany on the patriot project. the air defense system, i think that's important that we join

that. discussed this morning with germany. then accountability, we can never accept that putin and russia get away with this. accountability to take them to court to make sure that this all gets done and in a legal way is crucial. i know you and i are working on this. your leadership, you personally, has been crucial. i want to thank you for this. let's stay closely together this year. hopefully, things will move forward in a way which is acceptable for ukraine. they have done so much. and this year will be important. >> one of the things, if i could add very quickly, europe continues to step up, respond to russian action. there's more to do. we have to stay together. really, really, really important that you have been there every single step of the way. thank you.

[ many people speaking at once ] >> president biden there meeting in a bilateral meeting of the prime minister in the netherlands. they were talking about the attack in nipro. "andrea mitchell reports" will have more in the next hour. i will be back here tomorrow. a programming note, the national day of racial healing, an msnbc town hall, live from new orleans tonight at 10:00 p.m. eastern.

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