good morning. 10:00 a.m. eastern, 7:00 a.m. pacific. i'm jose diaz-balart. new developments surrounding the beating death of tyre nichols. we're learning two more police officers were relieved of duty and three emts fired.

why the nichols family is criticizing the investigation. plus, we're talking to troy carter. dangerous weather across the south and midwest being blamed for at least one death in texas. we're live with what's expected to be a multi-day ice storm and where it's headed next. the high-stakes meeting today between secretary of state antony blinken and the head of hamas. and an exclusive interview with homeland secretary alejandro majorca. >> it's my hope they take that problem and they fix it. ♪♪ ♪♪

we begin this hour in memphis where more first responders are facing disciplinary action over the tyre nichols death. the memphis police department now says two more officers were relieved of duty after the brutal and deadly beating of nichols which was captured on video. one of the newly named officers preston hemphill was involved in the initial traffic stop and used a taser on nichols before he fled from police. his lawyer says he was never present at the second seen. lawyers for nichols family is asking why he hasn't been out right fired like the five black officers. memphis police declined to name the seventh officer. three emss were fired for what was called multiple violations

of protocol. all this, after the memphis police department initially fired the five officers who have all been charged with second degree murder. lawyers for at least two ex officers emmitt martin and desmond mills say they plan to plead not guilty. joining us now is ellison barber live in memphis. what do we know about the roles of these two other officers and the three emts? >> reporter: when it comes to the two other additional officers, the big question you touched on it, the family of tyre nichols has and also community activists, why are we only finding out about these two officers now? one of the officers has been relieved of duty. we don't know their fame. we know the name of this officer, officer preston

hemphill. we asked why his name was not released when the names of the other five were released, they said it was because he was not fired. he's on leave. when asked yesterday he was on paid or unpaid leave, a spokesperson with the police department did not answer. so right now what they are saying about these seven officers in total that were involved in this, they say that all of them were relieved of duty on january 8th, the day after the stop, the incident, the attack all took place. in terms of preston hemphill in particular, they're saying his name was not released or implying his name was not released earlier because he was not at that second scene. in a statement they are saying this, quote, the five officers terminated were directly involved at the first and second

scene where mr. nichols was physically abused and suffered serious injuries. the mpd's team of internal investigators prioritize interviewing officers and witnesses related to the second scene first, where the most egregious actions occurred. they said other officers' actions and inactions continue to be the subject of this investigation since its inception on january 8th. they said there are numerous chargers still developing that are pending and the department expects the next phase of personnel actions to happen in the coming days. jose, this is something that has frustrated community activists. people have been talking about this sixth officer. they didn't know about the seventh yet. they were talking about their frustration of not knowing who he was earlier, two, the fact he hasn't been fired and they

really felt like this was in evidence of this police department not being as transparent as they had promised to be up until this point. they feel like things should have moved quicker. they feel like more audio recordings should be out and more information, more names should be available to the public. in terms of the fired employees, those three, two of them are emts, one was the driver that night. according to the fire chief for the memphis fire department, they violated a number of department policies when they responded to this. they say when they got to the scene, they relied on the initial information they had on the call, saying one individual had been pepper sprayed and following what the officers on scene said instead of doing their own individual assessment of the patient. they did call an ambulance, but it took close to 20 minutes to arrive. as a result of their reaction

there, tyre nichols not getting medical care for 15 plus minutes. jose? >> ellison, thank you very much. joining us now is representative troy carter of louisiana. thank you for your time this morning, congressman. i know president biden says he plans to meet with the congressional black caucus to discuss police reform. what are your objectives for that meeting? >> we expect that to happen shortly and the objective is that we reiterate the importance of attention and commitment to passing the george floyd policing act. this is yet another indication of the depth of the dysfunction within our police departments. we've got great police officers and we've got really bad police officers. reform is what's required for us to be able to weed out the bad while we still support the good. the necessity to have the white

house weigh in to assist us making this a very strong calling card of the reform that's needed. >> so what is that reform needed you think, congressman? >> well, i think we need a systemic from head to toe rework of our police departments. in addition to adequate background checks when we hire police officers, we have to have adequate training to demonstrate the ability that's required to de-esacalate. when someone is apprehended, do just that. apprehend them. once they've been restrained and placed in handcuffs, the actions we saw with tyre nichols demonstrate the actions of animals. they attacked this young man like they were beating a pinata. there's nothing normal about that kind of punishment to an

individual that has been restrained who could not defend himself, who could not resist arrest. he was on the ground surrounded by four or five police officers. the first couple blows tyre nichols took to his face, his hands were behind his back. any one of those was enough to subdue him. they continued to beat him and when he was on the ground they kicked and punched and stomped. to the extent the officers were so tired they would back up and catch their breath and then go back and beat him again. there's something wrong with any individual who could do what they did, which is demonstrative of the fact we need ongoing mental health, screening for police officers. we have to make sure we have the swift punishment that fortunately we're seeing in memphis and other officers know

this won't be tolerated. my god, these individuals were wearing body cams and they still felt emboldened enough to violate this person's civil liberties and ultimately take his life. >> congressman, thank you so much for being here. breaking news from capitol hill where embattled new york congressman george santos says he'll recuse himself from his committees. joining us now is jake sherman. what are you learning? >> reporter: this comes after a meeting with george santos and kevin mccarthy where we're told that kevin mccarthy encouraged this, encouraged him stepping off these committees. remember, if santos is indicted, we have know idea if he will be, if he's indicted he needs to step off those committees. he's taken the pre-emptive step. the only question is politically

why not do that a week ago, two weeks ago or a month ago? i don't know why the republican leadership thought it was a good idea to allow this narrative to go on for all this time and boot him off the committees anyway. that's above my pay grade. george santos will not be sitting on the small business committee and the science, space and technology committee. these are two relatively minor committees on capitol hill. it won't have an impact in legislating or governing. it does signal that george santos is becoming more of an out cast in the house republican conference. >> a new news day poll finds that 78% of voters in his district say he should resign after admitting he lied about his resume and background. does this poll have any meaning or weight on capitol hill? >> reporter: it should. this is the local paper on

record which seems to indicate he's losing support rapidly and profoundly in his long island and queens district. politicians do what they want. they think they are -- you know, they think they can defy gravity all the time. it wouldn't surprise me if he ties to hold on until and if he's indicted. in the capitol to one -- listen, it's not realistic they'll vote to expel him. that's two thirds of the house of representatives. they can barely get a majority on some things. kevin mccarthy said the voters put him in office and he'll support him staying until there's legal reason that he should not be in congress anymore. >> jake, i want to go to another issue. here's what south carolina senator tim scott, the leading

negotiator on police form said about restarting talks on police reform. >> we should be able to build a coalition around the common ground of, yes, we need more training on de-escalation, yes, we need more training on the duty to intervene, yes, we need more grants and the best wearing the badge. we should have simple legislation that we can agree upon that has been agreed upon in the past. >> i mean, the senator says he never left the table on police reform. has there been any seriousness to us this issue since tyre nichols death? >> reporter: not anything serious. it was a very hotly debated topic in the last congress when the democrats controlled the congress. he was in talks with senator

cory booker of new jersey, tim scott was. furthermore now mayor of los angeles karen bass who was a democrat in the house. listen, i think the political reality gets very difficult this time around because the house is republican. republicans in the house are not going to want to touch this even if republicans in the senate vote for it. i think it's going to be a very, very uphill climb. even if all democrats were -- kevin mccarthy has to bring it to the floor. i don't have right now sitting here today january 31st, i don't have the sense that this is a live option. you know what, these issues take on a life of their own. it's possible there becomes huge momentum on this. >> jake, this issue of the debt ceiling, we have new details this morning about president biden and kevin mccarthy when they meet at the white house tomorrow -- sorry. let me read you what's expected.

the speaker whether he'll commit to the principle that the u.s. will never default on its financial obligations and president biden will be asking about when republicans release their budget. clear that up, jake. >> reporter: kevin mccarthy has said the debt ceiling needs lifted. he knows that. the larger question is -- two questions. when whether they put out their budget? we broke the news this morning that the white house will put out its budget march 9th. that's five weeks away. i don't think -- i don't know for sure, but i don't think republicans will have a budget by then. then there's the secondary question. will joe biden enter into some sort of negotiations with mccarthy over raising the debt limit. kevin mccarthy can't pass a

clean debt limit clean. that won't get anywhere near his caucus. he won't put himself in that political peril. the question is can they come to a budget agreement that trims federal spending? does president biden think that's within his best interest? that's the question we'll be watching. this is going to be a long, slow slog until the debt limit needs to be raised officially. >> jake sherman. up next, the white house said it will be ending the covid emergency in a few months. and the delays and cancellations at airports due to the deadly ice storm. we'll tell you what you need to know.

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20 past the hour. more than a thousand flights are canceled today as a dangerous ice storm blasted the midwest. cars sliding down the highway in the dallas/fort worth area. 40 million people are under went weather alerts. morgan chesky is in dallas for

more. what are conditions like there today? >> reporter: we had a bit of a break overnight with falling precipitation. i have to tell you it's picked up tremendously in the past couple hours. we've been seeing sleet coming down in full force. you can see behind me not snow, but that's the sleet that's been falling now. this is going to be really a brutal saga for the next 24 hours or so. that's when we get back above freezing. that's why the big warning to everyone out there stay off the roads if you can. four-wheel drive or not, it's treacherous out there. some of these bridges and overpasses have been treated. we're hovering around 27, 28 degrees and we're still having sleet fall interspersed with freezing rain. it's not just in texas, but oklahoma and arkansas, all the

way to tennessee, part of this brutal artic blast that has plunged temperatures. jose? >> morgan chesky in dallas, thank you. president biden is about to leave for new york city where he'll talk about another big project funded by the infrastructure law that will affect hundreds of thousands of commuters on a daily basis. it comes one day after he visited baltimore to announce more than $4 billion in infrastructure money that will be used to build a new rail tunnel along the heavily travelled northeast corridor rail line. mike memoli joins us this morning. mike, what are we expected to hear from the president? >> reporter: one week from the day president biden will deliver his state of the union address, trying to set the agenda for the year ahead. what we're seeing in new york city today and yesterday in baltimore is the president trying to draw attention to some

of the big legislative wins he's enjoyed. we know how hard it was, how much political capital he had to expend on things like the infrastructure bill. president biden wants to point to very specific concrete examples that will benefit americans like the new rail tunnel that will be built under the hudson river that will alleviate the traffic burden here. the president is going to be giving out hundreds of millions of dollars that he will point out leads to tens of thousands of jobs. one of the big fights that will be happening in washington this year is over the debt ceiling. we heard from the president a few moments ago on the south lawn ahead of the meeting with kevin mccarthy setting up that budget fight. he wants republicans to come to the table with specific examples

of what they're willing to cut before he talks about negotiations. >> the white house is also saying they'll end the national emergency related to the pandemic? >> reporter: yes, it was announced quietly last night. the president will end various public health emergencies that were declared three years ago. covid is not over. we're still losing hundreds of americans a day due to the virus. what it means for ordinary americans, depending on what kind of insurance you have, medicare, medicaid or private insurance, you'll see some of those free things like covid boosters, vaccines, tests start to cost you money. it's going to mean big changes for people who enjoyed telehealth benefits. a lot of this is about insurance

reimbursement rates. this announcement came in response to a fight with congressional republicans. the house is going to be voting on a measure to end the emergency now. the president saying by making this decision to end the emergency on may 11th it helps gives americans time to prepare for these significant changes. three years into the pandemic, those emergency declarations coming to an end. >> mike memoli, thank you. speaking of the president he spoke to reporters a little while ago. here are his comments. >> have you spoken to zelenskyy recently? what are you going to tell him about further requests? >> we're going to talk. >> one more. >> will you negotiate with kevin

mccarthy? >> show me his budget. >> that was the president's comments. mike, the last question asked was about the conversations he's going to have with the speaker. show me the budget. >> reporter: that's right. this is an effort on the part of the president as republicans are demanding spending cuts, saying you'll have to have 218 votes to pass a budget. what are you supporting? cutting social entitlements. these are issues that will divide the republican caucus. the president is saying this should not be a discussion over a debt limit. we can have discussions over spending in the future. the president will say we

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♪ ♪ 30 past the hour. in an msnbc exclusive alejandro mayorca talked to us in miami. we spoke with the secretary as the biden administration says they've seen a 97% decrease in people trying to cross the border. they attribute it to the patrol program which allows people to apply for asylum into the u.s.

if they have a sponsor. >> mr. secretary, coast guards tell us us there's been a 37% increase in the number of cubans intercepted at sea. these are record numbers. why do you think cubans are willing to take that risk now? >> well, let me say one important thing. they should not take that risk now or tomorrow. let me tell you how we responded. number one, we've surged resources to intercept individuals and we consider that a humanitarian mission to save their lives given how many lives are lost at sea. number two, we have built and are continuing to build safe and lawful pathways for them to reach the united states. the parole process we announced on january 5th, we've seen a significant drop in the amount of cubans at our southern

border, as well as at sea. >> will the number of people intercepted here be included in that 30,000 cap that are returned? >> oh, no. people who take to the sea will not be eligible for the parole process. it's so important they wait and they take advantage of the lawful safe process because when they're intercepted at sea, they won't be eligible. >> if you don't have a -- [ speaking in non-english ] if you don't have someone that can give you the financial resources that you need, you have no shot? >> well, let me say this because i don't think that's true. it's very important that people understand that when they take advantage of this parole process, they come to the united states and they very quickly receive work authorization they receive the ability to work lawfully in the united states

and we've been issues that work authorization very quickly. so they can sustain themselves. they have the means to support themselves and their loved ones. >> are those work permits going to be given to folks in a rapid manner? there's no doubt that's occurred over and beyond and are they jumping the line for those requesting work permits and have asked for asylum? >> we're meeting the urgency of the moment. we're allocating our resources where the urgency requires and this is an urgency because we're seeing too much death and loss at see. >> so is that a yes or no? >> i wouldn't say they're jumping the line because we're employing all sorts of administrative measures to deliver relief through programs as quickly as problem. of

lawmakers are critical of the policies announced this month that make it difficult for asylum seekers to claim asylum at the southern border if they didn't seek a country they passed through. menendez said we're appalled to see president biden replicate president trump's immigration strategies. is this an immigration strategy presented by trump that biden is doing? >> this is not a trump-era policy. it does not resemble a trump-era policy. number one, this has been framed as an expansion of title 42. we have tried to end title 42 which is not an immigration authority. it is a public health authority. we were blocked from doing so by the courts. we tried to use our immigration authorities under title 8 of the united states code. this is not a transit ban. we have provided a lawful path for individuals to seek entry

through our ports along the southern border using the cbp-1 application. >> our experience is that some of the migrants in mexico camps are finding it difficult to use the new app meant to allow migrants to apply. is the application working? >> it's working. we are receiving individuals at our ports of entry every single day. that does not mean that there aren't technical difficulties from time to time. i'm here in miami to learn about those technical difficulties. >> went the house judiciary committee is holding a hearing titled the biden border crisis part one. house republicans have filed

articles of impeachment against you. what's your reaction to that and what's your message to those republicans? >> my message would be the immigration system has been terribly broken and outdate for decades. that's something about which everyone agrees and it is my hope that they take that problem and they fix it once and for all. in the meantime, within a broken system we are doing everything that we can to increase its efficiency, to provide humanitarian relief when the law permits and to also deliver an enforcement consequence when the law dictates. that is exactly what we are doing and as far as i'm concerned i'll continue to do that with tremendous pride. >> some of the criticism includes, for example, the 600,000 plus getaways.

folks who came to the country and didn't request asylum. do you know where they are and who they are, the people that don't request asylum when they arrive? >> for the first time since 2011 the president of the united states presented a budget successfully that increased the number of border patrol agents. for the first time this year we have 300 more border patrol agent eligibility positions than we did in the past. we're making tremendous strides. we're devoting tremendous resources to enhance border security and we'll keep at it. >> do you know where they are and who they are? >> gotaways have been a challenge from year to year regardless of the administration. whether it's more than a million in the early part of this department's administration or it's hundreds of thousands over the ensuing years. what we are doing is dedicating

people, physical assets at an increasing reliance in use of innovative technology to enhance our visibility and our interception capabilities. >> i want to thank the secretary for that interview, for always coming forward and speaking to us. appreciate his time. we'll have more of that interview on our twitter and facebook page. if you can check it out. up next, more legal trouble for former president trump. why prosecutors in new york are convening a grand jury. you're watching "jose diaz-balart reports." diaz-balart reports.

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money payment made to stormy daniels who claimed she slept with trump. trump responded on his social media site saying it happened a long time ago and he relied on his counsel's advice. this also comes along with his troubles in georgia. paul charleston joins us with more. what does the convening of a grand jury mean where the daniels investigation is? >> it means what was once old is now new. this means the district attorney in manhattan has a new interest in this case going back, as you say, to 2016 and the election that took place then. it means they're bringing forward witnesses in attempting

to determine whether or not, and this is the key element for any offense, whether or not former president trump was knowingly involved to the felony offense that michael cohen, his former personal lawyer, has already pled guilty to and spent time in prison for. >> seven years ago was when the payment was made. what would the new aspects of this investigation include that maybe weren't included seven years ago? >> it's a great question. there have been some new developments, as you know, alan weisselberg, the cfo for the trump organization, who may have been involved in facilitating the payment for mr. cohen, he has pled guilty. while he agreed to testify against the trump organization, he has not agreed to cooperate against mr. trump himself. after the trial -- there was a

trial against the organization and it was found to have been involved in tax violations. mr. weisselberg testified about that. it may be mr. weisselberg, who now sits in jail, may have had different thoughts. sometimes people who are incarcerated may change their minds about their willingness to cooperate. we don't know. it's something to look about and look forward to as to whether or not this grand jury comes forward with charges because there is sufficient evidence and what that new evidence may be. >> what are you looking for in that election interference case in georgia? >> what interests me the very most and what very few people have paid attention to, that is when miss willis, the d.a. in atlanta, appeared to the court

and asked the findings of her special grand jury not to be released, she said it wanted to remain sealed due to potential defendants. when you appear before the court, as a district attorney, the lead prosecutor, and you said future defendants that's more than a tell that there's going to be charges for people interfering with the georgia elections. what we don't know is what the charges may be or against whom those charges may be brought. >> great to see you. thanks for being with us this morning. up next, the memphis community is getting ready to say a final good-bye to tyre nichols. we'll talk to the pastor of that church about whether real changes can come. you're watching "jose diaz-balart reports." ing "jose diaz-balart reports.

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[ spray, spray ] you can astepro and go. 49 past the hour. the memphis community prepares to lay tyre nichols to rest tomorrow and his family and friends are reflecting on his life. in sacramento crowds gathered at a state park where his friends say they shared many memories with him. tonight tyre nichols family will address the media be at the his temple, the same spot where martin luther king jr. delivered his speech before his assassination 55 years ago. joining us now is reverend turner who is hosting the funerals for tyre nichols tomorrow. reverend, thank you so much for your time. how is the community doing?

>> the community is, i think, experiencing two emotions. of course, still, outrage in response to what we viewed on last friday evening. at the same time i think they are experiencing the grief of a collective trauma. i think that's what makes tomorrow so important that we come together to wrap our arms around tyre's family, and also to be together as a community to comfort each other through what has too often been a rerun in our community where black lives are taken away by law enforcement. >> i understand you have spoken with tyre's family. how can they just process this on a daily basis? >> i think the sense they have

shared, and they even shared it publicly, that they really have not had the space to grieve, and that is because they are engaged in this fight to make sure tyre gets justice, and that those who are responsible for his death are held accountable. so they have in this time, i believe, demonstrated a tremendous strength that has steadied the community and allowed us to take cues from them. i continue to lift them in my prayers and i hope our nation and our world would continue to pray for them as they, at some point, will get a chance to mourn and grieve the passing of their loved one. >> yeah, you know, i was struck by tyre's mom. she said she was sent on an assignment from god and when that assignment was fulfilled he

was sent back home to god. what did you think of those words? an extraordinary statement of a grieving mother. >> powerful. i think that's what makes this all the more important and why we can't let him die in vain. his death, i believe, is going to hopefully lead us to have more than just a conversation, but will move us towards diving a whole lot deeper when it comes to reforming when it comes to realizing these acts of violence. in some cases, they wound people mentally for some years, but in this case, they took somebody's life. >> when you see things of injustice and cruelty and inhumanity, just when you witness some of that, how do we

as a society -- how do we learn from that and how do we -- how do we go forward? >> we have to have a heart check with ourselves. when we look back at the movement of the modern civil rights era and dr. king, they were on a quest and our nation has to do soul searching. it's from the resources of our faith that we will get what we need in order to find a moral position on this thing, and for me, this is something that is black and white right and wrong, and we have an opportunity in this moment to make strides towards the ultimate destination of justice. so my word to our nation is we have to keep the faith. we have to hold on to our hope because these things will fuel us as we make it to the ultimate destination of justice and

equity. >> reverend turner, thank you so much for your time. appreciate it. up next, secretary of state, antony blanket in the east trying to de-escalate tensions. what he said just moments ago. you are watching "josé diaz-balart reports." az-balart . coricidin is the #1 doctor recommended cold and flu brand. specially designed for people with high blood pressure. be there for life's best moments. trust coricidin. if your moderate to severe crohn's disease or ulcerative colitis symptoms are stopping you in your tracks... choose stelara® from the start... and move toward relief after the first dose... with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine.

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u.s. secretary of state antony blinken, he addressed the recent

violence in the west bank in jerusalem. >> all sides must take steps to prevent further escalation of violence and restore calm. that's the only way we can create conditions where peoples' sense of security will start to improve and fear will start to recede. >> earlier this morning, blinken met with mahmoud abbas a day after he met with netanyahu. joining us from jerusalem is kelly cobiella. what is the latest from the secretary's visit there? >> reporter: yeah, the secretary of state just wrapped up a final press conference before leaving israel. earlier today he met with president abbas, as you mentioned, met with him for two hours, a much longer meeting than expected and afterward reiterated some of the messages we heard in the past 24 hours or so after meeting with the israeli prime minister, that

both sides needed to take steps to de-escalate, and anything that would jeopardize the u.s.'s thought of peace would be something the u.s. opposed, and he said the expansion of the settlement, something the new far-right government in israel has promoted and said that they want to advance. that was a strong message from his trip. also in this press conference he said that both sides had good ideas on how to de-escalate the current situation. he said, in fact, that he was leaving some members of his team behind here in israel to work with both sides on advancing those ideas. he was asked about details on what they were. wouldn't get into the details, but did say that they showed promise. trying to leave on an optimistic note. there's a lot of skepticism here on the ground, josé, but the

secretary of state trying to leave on a more optimistic note, josé. >> kelly cobiella in jerusalem, thank you so much. that wraps up the hour for me. i am josé diaz-balart. you can reach me on twitter and instagram @jdbalart. lindsey reiser picks up here. >> good tuesday morning. i am lindsey reiser at msnbc headquarters in new york. we are following a number of fast-moving stories this morning, including new repercussions and more calls for transparency a after a wave of disciplinary action across the police and fire departments. three fire department personnel are out of a job. rereached out to all three and have not heard back. and the seventh memphis officer has also been