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i'm lindsay. i am in for yasmin. breaking news, nbc news confirms that the doj is now investigating the laboratories. that is the company at the center of the national baby formula shortage. meanwhile, merrick garland sends a clear message to jim jordan and other house republicans. hands off of the investigations. he promised to meet with kevin mccarthy. this is an invitation with a warning. no negotiations on the debt ceiling. a florida judge ordered donald trump to pay for one lawsuit that never should've been filed. a former president withdraws another against the attorney general. ron desantis takes aim at an african american studies class. critics argue that he is taking his anti woke strategy too far.

plus, alec baldwin in the charges against him in the rust set shooting. and this. >> drop it, drop it. >> a terrifying scene at an indiana walmart caught on body cam footage. we have that for you coming up. we're gonna start with that breaking news. the doj is investigating the baby formula shortage. this michigan plans voluntarily shut down in february of last year. this new report follows the wall street journal. the company is under criminal investigation. they have reached out for confirmation. they have not confirmed the focus of the investigation. >> msnbc's legal analyst -- kathy, what we learn about the investigation? >> so many questions about the investigation and. we do know that according to nbc news, we do have evidence

that the doj is looking into this. they're fully cooperating. we should backtrack here and finally got to this point. we can go to a nationwide shortage of baby formula the's. this is in michigan. you mentioned that they voluntarily shot down that facility. several infants got sick after consuming baby formula that came from that plant. this ultimately led to a federal investigation. investigators actually came in to figure out what happened. they were not able to find a definitive source of the bacteria. it was linked back to the kids who got sick. it may, this laid the groundwork for abbott laboratories to basically put in writing a legal agreement to talk about the steps they would take to reopen the facility and how products that would be safe for babies moving forward.

a big turn of events with this news. we don't know the focus of this investigation. the wall street journal is the first to report about this probe. >> yeah, remember how scary, jarring, and ensure that time was. i actually had a baby in more. thank god that i was nursing. it was so stressful that we could not find a formula that we have picked out for sometime. joyce, the wall street journal reported that attorneys with the justice department consumer protection branch are conducting this investigation. what does that signal to you? basement what kathy is saying, is this about the illnesses? is it about the shortage? it -- is it about both? >> i think that the short answer is that it is a bit too early to know anything definitive. something that we do have a little bit of clarity on is what sort of violations the doj is most likely looking at. they have the authority to work

with investigators at the fda in the hhs. they are investigating violations of the fda app. their job to provide consumers with safe products. what they might be looking at here are some strict liability violations of the act. that would mean that the doj would not have to prove intent. there would not need to be any evidence that abbott labs, in any way, intended for this sort of sickness and death to occur. it would also relieve the doj of the burden of proving recklessness or negligence. under this act, accompany can be held liable simply because a bad result occurred. when you are typically talking about investigating a company, nobody is going to prison. you are looking at fines. the act does permit the imposition of some relatively significant fines. we will know more in the days ahead. lindsey? >> joy, a similar vest again

shuns of lead to criminal prosecution's. there was a 1938 federal, food, drug, and cosmetic act. there may be fines. nothing in terms of prison time. what does that law entail? >> right, the law is very comprehensive. they are protecting the and users of products that are manufactured and covered by the act. that means that the focus is very often last on individual involvement on the intent of manufacturers compared to the end result. that would not exclude some sort of greater level of responsibility. in the course of reopening the facility in sturgis, there was a little bit of news that came to light at the course of that. they suggested that conditions involve cracked equipment, improper handwashing, and other indicators of negligence. there's some suggestion that there had been prior incidents

of contamination. it may be that the doj looking at something more specific, perhaps more serious. >> all right, cathy enjoys, thank you. joyce, you are joining us later in the hour. another from, the justice department is putting the brakes on house republicans. they try to launch a flurry of investigations. that includes into the biden administration. in a letter to the doj earlier this week, jim jordan asked for documents and testimony on a number of issues. stimony on a number of issu>> a doj officialy will not divulge information on ongoing infamy investigations. that includes the probe into biden's handling of classified documents. we have reached out to the doj for additional comment, we have not heard back. i want to bring in the nbc congressional correspondent, she is standing by on capitol hill. i want to bring in the security analyst, frank. julie, what more do we know about the doj's response? >> look, jim jordan officially launched an investigation into

president biden's handling of classified documents last week. the department of justice responded in this four page letter yesterday. in that investigation, he barrage them with a lot of letters. this is over matters the biden ministration. other matters including southern border and things like that. the department of justice says in this letter, quote, it is consistent with long-standing policy and practice. any oversight requests must be waited again departments interest in protecting the integrity of its work. there are telling jim jordan, the chairman, not so fast. hold on and wait a minute. we will work with you. we will negotiate with you. we can see where we can find a compromise. that includes some of those individuals and department. that includes merrick garland. they will come before your committee eu. jim jordan has assumed the chairmanship. the house committee responded in a single tweet. they said, quote, why is the doj scared cooperate with the

investigations? there has been nothing else from the committee so far. jim jordan vowed to take this a step further. not sharing away from issuing potential subpoenas down the line to compel testimony on these ongoing investigations. that includes the former presidents mishandling of classified documents. they are concurrently happening now with two separate special councils. appointed to lead those. there's also the department of justice. saying that we are already looking into there is. perhaps there are other matters of overstated we can help you with down the line. this could potentially get tied up in court. democrats were no stranger to that. he saw how long it would take for those to play out in court. it is certainly a possibility that he is leaving open. >> julie, thank you. frank, i want to get to you in your reaction to what we are hearing from both sides here. is it likely that jordan knew about's long-standing practice before he even sent that letter? >> of course.

he has been a congressman enough to understand how the system works. i applaud the doj for getting out in front of this. right? it appears that jim jordan is trying to set the stage for this melodramatic showdown. he wants that to happen. et the goal is not necessarily be so much oversight, but rather to get there every night on the far-right platforms. that is where it appears the doj is not cooperating. the doj gets out in front of it. we see you. we know what you are up to. you want a showdown. we are going to say that here are the rules of the road. here is how we do this. we don't give details on pending investigations. you know that. let's work together. if you have any draft legislation, if you would relay to get something done for the good of america, let us know. we would love to work with you on legislation. we are heading towards this dramatic showdown, lindsey. inevitably, we are gonna see

some things. i predict that jim jordan is not gonna be satisfied with actual rules. he is going to subpoena the doj folks were gonna say, look, you can subpoena me all day. i still can't tell you about any investigations. we are all going to tune in and see this happen. >> he has ignored a subpoena to specific with the january six investigative committee. frank, you write for msnbc.com. if president biden wants to make an even stronger contrast between himself and trump, we're talking about the handling of classified documents, there is yet another step to take. consent to a surge of his properties. we also write that special counsel could ask for this. would it become even more of a political firestorm if that was to happen? we know that mar-a-lago was searched. federal investigators had reasonably trump was withholding documents. >> precisely. we don't have what it takes for a search warrant in this case. that is why i wrote this column. we have something else here.

when i say office, i mean america. i mean joe biden, i mean the fbi, the doj. that is colby consent search. most fbi agents keep copies in their briefcase. there is a form called consent to surge. it happens every day in this country. people say, yeah, sure. look, i'm cooperating. come on. take a look. tell me what you are looking for. we can agree on the parameters. this helps the next logical step in the special counsel investigation. what is the scope of documents that we are talking about? how do we know? how do we trust the biden legal team? it helps biden to say that i am cooperating. that guy over there, or donald trump, he would never law the fbi without a search warrant. i think it is the next logical step in any normal investigation and i have one in my career. it would be to ask cooperating person if they can take a look. >> really quick, frank, before we let you go, we know that there is a clear contrast between biden trump's handling of documents. especially their interactions

with investigators. special counsels have been appointed in each case. what do you make of republicans trying to compare the two? >> it was inevitable. that is exactly what they are trying to do. it is on us in the media, analysts, journalists. we need to keep reminding folks, look, in that case over there, we had a criminal search warrant because of obstruction's behavior. there is a failure to comply with subpoena. there is failure to comply with the national archives. these are warnings that he could not -- everything has been turned over. there is surveillance and evidence. boxes are being moved. at least one or two witnesses. there is still classified information. we don't have any of that. it had mishandling. this is the end of his tour as vice president i. somebody put the wrong boxes in the wrong locations.

that is the remedy to be figured out. that's what we have a special investigation. >> thank you very much. breaking news from the new york times, the reporting that the white house chief of staff is going to step down in the next few weeks. let's bring in msnbc's white house correspondent. she's traveling with the correspondent in delaware. s >> all you, tell us about this report. >> yeah, lindsey, we have been given an official no comment response from the white house. reacting to the new york times reporting. ron mcclain is expected to step down from his post the next few weeks according to the senior administration officials. they say this is likely after president biden delivers his state of the union address on february 7th. this track was some reporting that our team and that. there were staff shakeups expected. we're in the second half of president biden's term. we saw him mark his first two years in presidency since being

integrated at the white house. even when this does happen, it would be the most significant staffing shakeup since biden took office. especially when you consider how long these two have known each other for. ron mcclain worked with president biden on and off for the last 30 years or so. this would be coming at a really critical time for the white house. he just marked two years in office. he is facing an onslaught of gop led probes. everything from investigations into his family, his son, his business dealings, and there was the withdrawal of troops from afghanistan. the biden ministration is facing some critical questions as to what comes next in 2024. we expected an announcement before the state of the union announcement on whether president biden could run in 2024. white house officials are now saying that the plans will be four after the state of the union. they say that this new special counsel probabilities classified documents discovered

president biden's personal office. they are not having any effect or impact on his changing plans. okay ali, we also want to ask you about this white house invitation to house speaker kevin mccarthy to discuss a range of topics, including raising the nation's debt. while the white house says that this doesn't mean they will negotiate when it comes to the debt ceiling, what can you tell us about this meeting and what we can expect? >> so right, now it seems like the white house and congressional republicans are really on opposite ends of the spectrum on what they think needs to be done in order for the united states to not default on its debt. you have the white house saying that this is nonnegotiable, this is a basic obligation of congress to be able to do this. that the united states faces this crisis every couple of years. it is never actually defaulted on its debts. and you have republicans and congress saying that they want in exchange for a potential raising of this debt ceiling, they want spending and budget cuts in exchange for that. the first step to bridging this

gap was taken by president biden yesterday during his remarks, saying he is willing to sit down with house speaker kevin mccarthy to talk about raising the debt ceiling. listen to what he had to say. >> be a realistic and don't confuse the national debt with debt reduction on a yearly basis. the debt that we are paid, on we will have a load discussion on that with the new majority leader house, has accumulated over 200 years. over 200 years. not a joke. >> the president not saying when this meeting is likely to happen but the timing of this is going to be very interesting because we know while yes, we have reached that debt ceiling, we are likely looking around june or july for that looming default deadline. we now treasury secretary janet yelling is taking what she calls extraordinary measures for the united states to be

able to still pay for the things that needs to pay for before that default deadline. so the white house, congressional republicans they know that there is a lot of work to be done over these next few months if they want to reach some sort of negotiation. those negotiations could get a little bit messy and as we know negotiation between the white house and now this republican led house of representatives could get republicans, are vowing to fight until the very end of this timeline to get what they want while the biden administration is really hoping that these house republicans buckle under pressure when they think of the last seeing and terrible impacts that defaulting on the country's debt could have just on the economy as a whole. >> all right, allie raffa, thank you. still ahead, at the uphill battles, some legal experts believe prosecutors have in convicting alec baldwin for the shooting death on the movie set of rust. plus why the marshall investigating the supreme's abortion decision leak says they did not treat justices in the same manner as all other

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we will never surrender to the woke mob, florida is where woke

goes to die. >> florida governor ron desantis using what seems to be the gop buzzword of the moment there, and his administration is not wasting time turning words into action. the state education department has rejected an advanced placement course. on african american studies for being taught in high school, saying it violates state law and is historically inaccurate. that move is being met with swift condemnation, here is how state senator shevrin rome sees. it quote eruption history, artistry, japanese language and culture, a german language and culture, italian language and culture, spanish language and culture are all ap classes currently offered. it is crazy how ap african american studies made the chopping block in florida. and here is how one teacher share and courtney describe the course to abc news. there is nothing objectionable, it's history. it hasn't been traditionally taught in the united states in a k-12 setting but is also history that once known and understood could change race relations and improve them. joining me to talk about this a

gop strategist an msnbc political analyst susan del percio. so susan, what do you make of this and it really seems like education has become ground zero for these republican culture wars. does it have legs outside of the base? >> i don't think it has legs outside of the base and as a matter, fact i think it is going to boomerang and really hurt people like ron desantis who used this language. like first of all, can anyone tell me what wokeness is these days? he won't even define it one's office has been asked about it. so the one connotation that it does have though at this, 0.1 rhonda scent this uses it is that he is racist. that he believes and book banning. that he is against equal rights for people of any persuasion of lgbtq and it really is going to backfire with the independent women of this country. it is hateful, it is main and

that is how ron desantis comes across. hateful and mean. >> susan, we have the same time desantis cruising to reelection. this was after the don't say gay bill and previous attacks on critical race theory. why do you think those things are not turn off more moderate and independents in the state? >> it's a really good question lindsay, i can't say why it should. of a thing part has to do with the selection. the other is the economy in florida and the business environment has basically created. however rhonda santas is very limited in his interaction with voters. with the press, i wonder what happens when he has to broaden his appeal, should he decide to run on a national stage. >> trump's newsome taken notice, rolling stone promoting his already preparing the latest desantis as an establishment hawk. we'll put social security on the chopping block. not to mention raise concerns about the santas likability.

we have seen some of these attacks already trickle out of trump, towards ron desantis. how big of a tell is this that maybe he feels threatened by him? >> well the former president us feel threatened by ron desantis, frankly i think you probably will feel threatened by any serious challenger. but rhonda scent is particularly gets in his cross and it is true that the former president did help desantis win his primary when he ran in 2018. but it's really interesting how donald trump has tried to use a social security issue against desantis, as well as getting involved in the republican congressional issues and fight from washington. >> all right susan del percio, thank you and good to see you. coming, up their heroism that potentially save lives during a shooting at a walmart in indiana. >> her instincts were absolutely how rourke and we cannot thank her enough. >> plus why u.s. military leaders say they are not

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try boost® today. this, weekend the pentagon top leaders are standing firm against sending its most advanced battle tanks, the m1 abrams to ukraine. the message comes after german efforts to pressure the u.s. and to providing the tanks. germany is also under pressure to send its own leopard to battle tanks to the war front. emerson ralph chinchillas is in kyiv. what are you hearing on the ukrainian side about why these tanks are needed and why are u.s. officials against sending them? >> well, lindsay in terms of why these tanks are, needed ukraine officials are sounding the alarm that vladimir putin's forces are regrouping and they are preparing for fresh offensive, possibly within the coming weeks. we don't know where, we don't know when, that part of the reason we think cia director, bill burns was here in kyiv recently west to discuss what the ukrainians what american

intelligence is indicating about that possible russian offensive. but the ukrainians are absolutely adamant that they need battle tanks if they are going to head off the russians a second time. we met with the head of the national security and defense council of ukraine, and he showed us a live map of the fighting in bakhmut, about 500 miles east of here. street by street, grinding urban warfare against the russians. he jab his finger at the screen and he said this is why we need tanks. now the question is, who's tanks? german, american? the reason that the u.s. is reluctant to send these am one abrams, the pentagon says is they feel they are not practical for the ukrainian battlefield. they require very specialized maintenance and they are absolute gas guzzlers. they require basically a form of jet fuel and they can get through a gallon of gas a minute. the americans argue that the german leopard 2 tanks are also top quality tanks but they are

already here in europe, they are very widely used by nato allies, all across the alliance. and crucially lindsey, the spare parts for the leopard to are here in europe so the tanks themselves could be sent to ukraine quickly. they can also be maintained here on the european continent. as we spoke about that big summit at ramstein airbase in germany yesterday, dozens of defense ministers gathering and then deadlock. there is no agreement right now about who is going to send the tanks. i will tell, you a group of eastern european foreign ministers today, allowing their frustration with germany to spill into the open saying publicly that germany is not doing enough. we also heard from a senior advisory to president zelenskyy today saying every delay is costing ukrainian lives. lindsey? >> raf, we are also hearing about a navy seal in deserter status who was killed in ukraine. what can you tell us?

>> yes, so daniel swift was killed on wednesday here in ukraine according to the u.s. navy. he was a decorated special forces operator. he had served all over the world with the u.s. military until according to the navy, he deserted three years ago. there was a big hole in his record, it is not clear what happened in between that desertion and i'm showing up in eastern ukraine where he is believed to have been fighting with ukrainian forces against russian troops. and lindsey, one of the big concerns, there are a lot of former american military personnel who have volunteered with the acrania and, widely seen as heroes here in ukraine. but one of the big concerns in washington is what happens if one of those american citizens is captured by the russians. we have seen moscow as obsolete no problem using hostages, using prisoners as diplomatic ships. the real concern is that if one of these americans and up in russian custody, what could happen next? lindsey? >> rough sanchez, thank you.

we are following a developing story out of memphis, tennessee. five police officers have been fired for their involvement in a traffic stop that led to the death of tyree nichols. authorities say they stopped the 29 year old for reckless driving on january 7th and into confrontations followed. he was taken to the hospital and died three days later. his stepfather share this photo of him with blood on his face and what appears to be a swollen i. the departments investigation found the officers allegedly violated multiple policies including excessive use of force, duty to intervene and duty to render aid. nichols family attorney says they are scheduled to view body camera footage for the first time on monday. a walmart employee it happens ville, indiana is being called a hero after police say her actions prevented a shooting in the store from being in the worse. the aftermath of the attack was caught on the body cam. nbc jesse kershaw is the story and a warning, the sound and images may be disturbing. >> indiana police sharing body

camera footage what they say shows the frantic search for a gunman in the walmart after he shot an employee in the face before turning his handgun on officers. >> investigators say around 10 pm thursday, night ronald wright mostly the second fired at police in and outside of the evansville store where he once worked. >> drop, it drop. it drop it. before police shot and killed a 25-year-old. >> nbc news spoke with a woman who says her niece amber cook is the victim who police say was walking and talking after being shot. >> she is still being treated and is in stable condition, however she will be affected by the shooting for the rest of her life. >> police say just before 10 pm, about a dozen employees gathered in the break room when mostly showed up with a handgun. that is when police say they're more bolted from the room calling 9-1-1 and then returning to help cook as the suspect fled. >> heather moore is a hero. she helped pick the victim, up got her out of the room, takes her into another room, locks

the, door turns off the lights, and hid behind some computer equipment. >> what you want to said to the employee who made the 9-1-1 call so quickly? >> thank you, you definitely have a coworker that's life you saved for doing that. her instincts were absolutely heroic and we can't thank her enough. >> authorities think he targeted former colleagues. police say the suspect worked at this walmart in 2022 when he assaulted four fellow employees before the company fired him. just hours before thursday night shooting, prosecutors say he was and mental health court for that very case. investigators found a suicide note in his home after the shoot out. the evansville police chief tells nbc news, he does not know how mostly got the weapon allegedly's butts as even with his previous plea deal, mostly could have legally purchase that nine millimeter handgun. jesse karadsheh, nbc news. >> our thank suggested for that report. after the break, former u.s. attorney joins fans is back with us to explain why she

believes the probe into the supreme courts abortion decision leak should have gone to an outside investigator. >> hey everyone i militiamen and, as i had on american voices, extremism on trial. what we learned in court about the proud boys and january six this week. plus, the lieutenant governor for hawaii tells us about her mission to bring universal pre-k to the state and it could be a roadmap for the rest the country. that and much more, ahead american voices, 6 pm eastern right here on msnbc. on msnbc. i occasionally get bladder leaks. i tried always discreet underwear. it absorbs an entire glass of water.

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one of the world's richest people testifying in federal court. elon musk be getting his testimony yesterday in the case surrounding this 2018 tweet. and was tesla ceo stated he has secured enough funding to take test that private. at $420 a share. shareholders allegedly fabricated information, qassem millions in trading losses and his testimony, musk said quote just because a tweet something does not mean people believe it. a jury will decide whether the tweet artificially inflated teslas share price. new questions are arising after an important clarification on the supreme court internal investigation into who leaked the draft opinion. overturning roe v. wade. the court martial, gayle curlee who led the inquiry released the statement which reads in part, during the course of the investigation, i spoke with each of the justices. several on multiplications. i followed up on all credible leads, none of which implicated the justices or their spouses. on that basis, i did not believe that it was necessary

to ask the justices to sign sworn affidavits. the investigation did not find the leaker. back with us is msnbc legal analyst and former u.s. attorney, joyce fan. so joyce, you tweeted about the saying that this is why the court should've hired an outside entity to conduct the investigation. people may find it hard to believe, the marshal will conduct a thorough investigation of people who and essence are her employers. what do you make of the fact that justice is not up the sign affidavits that other court employees were asked to? >> so in so many ways, it is a fraud situation. it does not occur in a vacuum, the court is at a low water mark and in confidence with the american public. after dogs and other rulings at this newly-conservative majority has made, seeming to change the law along with personality is on the courts rather than having any sort of respect for precedent. so that is the playing field that this investigation took place on you, know the marshall reports to the chief justice.

he is an essence her boss. and the justices are essentially and disciplinable. they have life tenure, they cannot be fired no matter what they have done. so the only thing that the court could really have offered the public here would have been the truth. what have been confidence that the court acted with integrity. and everything about this including not subjecting the justices to the same process, signing that affidavit, that other court employees were subjected to is not the sort of investigation that is designed to invoke confidence. >> what trump said this about the journalist who published a leaked draft opinion. quote arrest the reporter, publisher, editor, you will get your answer fast. white house spokesperson andrew bates responded saying calling for a grudges abuses of power in order to suppress the constitutional rights of reporters, it's an insult to the rule of law and undermines fundamental american values and traditions. joyce, normally at the white house it ignores what trump says. what do you make of this response?

>> will trump's comments are just so flagrantly ignorant and regards of the first amendment protections and the freedom of the press that are very hallowed underpinnings of our constitutional republic. i think a response although it is unusual for the white house and certainly it does serve to emphasize how very important the sort of protections trump is willing to throw aside. how important those protections are to the rest of us. >> a judge find it trump and his lawyer alina hobbs nearly 1 million dollars for a lawsuit targeting hillary clinton. the next, day trump dropped his lawsuit against attorney general letitia james, as being handled by the same judge. it was actually mentioned by that judge, showing a pattern of frivolous suits. you tweeted, that trump voluntary drop the pace without prejudice meaning trump cannot re-file. it but joyce this is a strong rebuke. >> it is a strong, rebuke and it's interesting and that initial reward that assessment

of the penalty is jointly in several be held by trump and his lawyers. meaning that if there is an effort to collect it and trump skips out, his lawyers could be on the hook for his share. so it's certainly a significant message to the lawyers, as well as to the former presidents. look quarter like the rest of, us judges are like the rest of us. and they believe their time and resources are being wasted, by somebody who is behaving in an abusive fashion, and ultimately, their patience is not something that cannot be exhausted. here are the patients of the courts appears to be exhausted at least in this one federal district court. >> can we see something like this again? again trump routinely uses the courts to try and get what he wants and it's so rare for a judge to issue this strong of a denouncement. >> so it is and sometimes you will see the sort of impatience with people who are frequent fliers on the courts. repeat let against who bring a

series of frivolous cases having them dismissed time and time again. at some, point the sports say that is enough. it is not clear yet that the former president is at that point but he does certainly have a tendency to file cases that are essentially merit -less. >> finally, joyce and trump's e. jean carroll deft -- he mistook a picture of carrot for his ex-wife, marlette maples. you tweeted about the saying, why is the e. jean carroll defamation case notable and different from other times. trump escorted justice when the case goes to a trial before manhattan jury in april, trump's own words will be used to show how he lied. talk to me about how big of a misstep this was and revealing? there is backstory, we can go back and forth about how ridiculous it is but trump has said in the past carol, what is the type? >> yes i mean i think it's important for us to say at the outset, how offensive that. is how inappropriate for a president to use his megaphone to bully a private citizen.

in many, ways that's the origin story for this lawsuit. but what happens here and this is you know, you really wears that you could've been the lawyer conducting this deposition showing trump, the photograph only to have him miss identify this woman, who he has publicly insulted and said she is not muay thai. and then to miss identify her as his second wife. it's going to be a long and very difficult trial for the former president, and jean carroll said she will not fold, she was willing to go to trial. not only on her own behalf but on the behalf of all the other women who have been mishandled by the former president. >> joyce vance, thank you. so it's a, come gop election deniers like marjorie taylor greene now hold seats on the house oversight committee. democratic committee member representative jimmy gomez joins me next on how that can impact its mission. but, first the latest on alec baldwin's charge for involuntary manslaughter and the death of cinematographer

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woman shot her terminally ill has been and is now confined herself in this daytona beach hospital room. police said the hospital staff and other patients near the rim have been evacuated and the woman is not seen as a threat to others. no one else has been injured. officers are negotiating with the woman to get her to surrender. right, now we don't know the condition of her husband but we will bring you any more information as soon as we have it. criminal charges against actor alec baldwin could be officially filed by the end of this month in the fatal rust movie shooting according to the district attorney. baldwin and rest armorer hannah gutierrez reed both face two counts of involuntary manslaughter and the onset killing of cinematographer, halyna hutchins. joining me right now is nbc just lederman in los angeles. so josh, what will prosecutors have to prove in this case? >> well lindsey, defense

attorneys say this could be a very difficult case for prosecutors to prove that alec baldwin is criminally negligent in the death of halyna hutchins in. now prosecutors are likely to point to the fact that alec baldwin although he says he did not actually pull the trigger on that gun, that an fbi report found that the gun could not have fired if not for alec baldwin pulling the trigger on the gun. but the feds attorneys are likely to point out that alec baldwin was told that the gun was empty and to argue that he recently relied on the people whose job it is on a movie set to make sure that guns are inspected and that they are safe and that caring live ammunition. his defense attorneys may also point out lindsey the fact that 15 months after this tragedy, that the police law enforcement cannot say where those live ram ammunition rounds that made their way onto the set came from.

they may argue that if police cannot figure that, out certainly alec baldwin cannot be expected to know where those bullets came from. >> yes legal experts keep pointing to that how did those bullets get there and the fact that they still don't know? josh, the movie it was supposed to go into production again this month. wasn't? it what is the latest with that? >> that is right, the movie is still on track according to the production company which says that alec baldwin will continue to star in the leading role in this film. they are making some changes and bringing on supervisors. they're also banning any use of ammunition or prop guns on the set. and actually, the producer on the film is going to be the husband of halyna hutchins. that is something that came about as he settled a lawsuit against alec baldwin, lindsey. >> all right josh let him, and thank you. ahead in the next hour, tomorrow marks 50 years since the roe v. wade decision and it is with its undoing by the

supreme court. we are going to break down where abortion laws now stand across the country as supporters of abortion rights prepared to hit the streets. streets. 50% off?! that deal's so good we don't even need an eight-time all-star to tell you about it. wait what? get it before it's gone on the subway app!

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of the most sensitive committees in congress. members of the history of toxic rhetoric. >> the so-called plane that crashed into the pentagon. it is others never the evidence showed for a plane in the pentagon. >> i object to the electoral votes of my beloved commonwealth of pennsylvania. >> we need to look at these late nights buys that took place in various states. we need to look at this video footage that we have of ballots being pulled out from underneath tables. >> we can do that and follow through on this audit, folks if it is what i have been told and i have people come to me early hours of the day after from the security extreme department to the cia department. >> in a moment, i will talk to congressman jimmy gomez about the power these members now hold. political extremism going to be on the capital, later this hour, the filled new mexico gop candidate now charged in a plot to gunned down democrats. also,