it's 10:00 a.m. in new york, i'm lindsey rise e and we are following a whirlwind of breaking news this hour, including on capitol hill where norfolk southern's embattled ceo will be in the hot seat at a hearing that begins in moments facing tough questions from senators about the toxic train derailment in ohio. what he plans to say about the numerous derailments, cleanup efforts, and his promise to a community in fear from the toxic fallout. also breaking overnight, 81 senator mitch mcconnell, the longest serving senate leader ever is in the hospital this morning after a fall. what we know about how he's doing. and more breaking news overnight. a fiery onslaught across ukraine as russia launches its biggest missile and drone attack in weeks. >> reporter: these are targets

that were largely civilian infrastructure, and he's trying to knock out the lights. he's trying to turn off the heat, and he's trying to do it all over the country. >> why there are new concerns about europe's largest nuclear power plant this morning. and a bigger question, is this the start of a new phase in the war? plus, can california catch a break from wild winter weather? flood watches are in effect with an atmospheric river storm threatening heavy rain as folks still fight to dig themselves out of mountains of snow. we have the forecast ahead. but we begin on the hill where senators are getting ready to grill norfolk southern's ceo alan shaw any moment now. joining me from capitol hill is nbc's ryan nobles and maggie vespa in springfield, ohio, where that latest derailment occurred. what kind of questions do you expect senators will be asking? >> reporter: my colleague and i up here on the hill were able to obtain the opening statements of alan shaw that he's expected to deliver later this morning when we testifies in front of the

senate environmental public works committee. we expect him to say that he is deeply sorry for what happened with that train derailment in east palestine, and that he and his company are determined to make it right. there isn't a ton of excuses that we see him making, at least in his opening statements, but we do expect that the members of this committee are really going to give him a hard time. they are going to ask him a number of tough questions about regulations, ability the way that norfolk southern conducts its work in terms of their railcars and the safety associated with them, and whether or not things need to be changed going forward and also, a deep dive into their business practices as well. so the ceo is prepared to take all of these questions. they know that they have a lot of work to do to make things right with the people of ohio. this will be part of that process as there are a number of different discussions about possible reforms that could come

out of this that members here on capitol hill are working on. >> to ryan's point, you're in the town of springfield where norfolk southern's derailment happened. that train was containing hazardous materials. nothing was spilled in the soil. but still, sorries are just not enough. what do people there want to hear from shaw? >> lindsey, it's definitely top of mind first and foremost, if for no other reason the cleanup is still ongoing. the first person we talked to this morning says he just wants to know why, why this is happening. what's behind this series of derailments, like diagnose a specific tangible cause. that's what he wants, especially noting as this truck goes by he lives along the tracks about two miles from here. he adds he's heard about federal regulations being rolled back during the trump administration. he said why should a company need regulations to prioritize operating safely? i also talked to two people in

that coffee shop, two women. one of them says she wants to hear about inspections, inspections of tracks and trains and parts, how often do they happen, how rigorous are they and another woman told me she wants shaw to vow in addition to repaying the people of these communities affected, she said i want to hear him say that he's going to repay the cities and counties for their emergency response resources like their emts and firefighters who had to show up to what she kind of call norfolk southern's mess. and she noted, quote, those are our tax dollars paying for that. >> the chairman of this committee just began his opening remarks. ryan, before we hear from alan shaw, we're going to hear from a couple of senators including right now the duo from ohio here. it's kind of turned them into strange partners here. what can you tell us about their relationship and how this is bringing them together? >> that's exactly right, lindsey. sherrod brown is a progressive

democrat, a friend of labor and jd vance is a conservative republican and a supporter of donald trump. they couldn't be more different in terms of their politics, but they both recognized the impact that this has had on their community. they have teamed up. they are the co-authors of a piece of legislation that will address rail safety, and they've put out statements along these lines that talk about their cooperation in this effort. senator vance and i, this is senator brown talking, are both listening to the same ohioans this morning in this community, this is part of his opening statement. people who feel that they have no way to stand up to a company like norfolk southern and are worried about what will happen when the cameras pack up and leave. senator vance and i come from different parties but on this we've come together for the people of our sate. so it's often disasters like this that force party lines to dissolve and where you see real cooperation with members of congress, and that's exactly at least in the early going what

we've seen from senator vance and from senator brown. lindsey. >> we will be watching this hearing. we will bring you the ceo's testimony when he begins. ryan nobles, maggie vespa, thank you. senate minority leader mitch mcconnell is being treated at a hospital after falling at a washington, d.c., hotel. mcconnell's spokesperson says the kentucky senator tripped during a private dinner at the waldorf astoria. he just turned 81 last month. he's the longest serving senate leader in american history. joining me is shake sherman, cofounder of punch bowl news which broke this story. what do we know about how leader mcconnell is doing? >> we know he's in the hospital. he's in g.w. hospital in downtown washington, d.c., and we know he was there overnight. we broke the story about midnight last night or shortly before midnight. mcconnell is 81 as you noted. he is a survivor of polio, so mcconnell has, you know, defied odds for a long time, you know

what i mean? he's been in the senate in a grinding senate. this is not -- this is a job that people make fun of for being slow and for being inefficient, but being a senator is not easy. it's long hours. it's a lot of travel. and mcconnell has been in this institution for a very long time. we don't have any updates on his condition as of now. we expect today, at some point today there should be updats on his condition. >> what does mcconnell's absence mean for the business of the senate, jake? >> not much. i mean, i hate to be glib about it, but not a ton. the only thing it does have impact on is that he is at the top of the republican leadership structure. he is the senate minority leader. he controls the floor for republicans in the minority. he sets the strategy, but he does have a leadership team around him, john thune of south dakota is his number two, and there are more people in his leadership structure than that. so it's not as if the business of the senate will grind to a

halt. but listen, there are a bunch of absences between covid, john fetterman is hospitalized, being treated for depression we're not at full-bore at the united states senate, but the business will effectively go on. >> you mentioned other senators who aren't present for the day-to-day. we know that the margins are so tight. so when you say it doesn't have much implication, is that because there are no real large votes with huge implications coming down the pike? >> yeah, that's right. they're mostly nominations at this point, and some other minor pieces of legislation. there's no immediate legislative deadlines that would require 100 senators, so the pressure is eased a bit. but anytime anyone's gone, it just makes business more difficult to conduct, although it's not insurmountable. it just might take a little bit more time in some instances. to the extent we don't know how long he's going to be out. the business of the senate has continued without john fetterman, dianne feinstein and

other octogenarian has been out recovering from shingles. the business does tend to go on. >> we wish all of them a speedy recovery, thank you. we are following breaking news overnight in ukraine where russia has just launched one of its largest barrage of missile and drone attacks. russia launched 81 missiles from multiple bases striking across ukraine targeting key infrastructure. at least six civilians were killed. erin mclaughlin is on the ground in ukraine with the latest. >> reporter: hey there, we woke to the sound of a massive explosion in kyiv, a big boom echoing throughout the capital, part of the 15th wide scale attack on ukraine's energy infrastructure since the war began. this morning thick smoke in the skies over kyiv, signaling a massive russian missile attack striking the four corners of ukraine and lasting more than

seven hours. 81 missiles and drones launched from multiple russian bases targeting ukraine's energy infrastructure, according to the ukrainian armed forces including six hypersonic missiles. this video apparently showing the moment one struck the capitol knocking out power to 40% of the city according to military and city officials. in lviv, the strikes were deadly, at least five killed when a rocket fell in a residential area. rescue workers seen digging through the rubble. overnight, missiles also damaging a crucial power line to the zaporizhzhia nuclear power plant, now being run on backup diesel generators for the sixth time in this war. it's the biggest russian attack in weeks, while fighting in the east remains fierce and brutal. meanwhile, ukrainian president zelenskyy speak out on cnn repeating his plea for f-16 fighter jets and revealing new details about his talks with president biden. >> president biden has his position from his advisers,

aides and a military direction, what ukraine doesn't need at the moment and jets according to that were not needed and i said, no, we need those jets. they could help us to defend ourselves. that's why we need it urgently. >> reporter: it comes amid concerns about the future of the war, with one top u.s. official warning congress time is not on ukraine's side. >> putin most likely calculates that time works in his favor and that prolonging the war may be his best remaining pathway to eventually securing russia's strategic interests in ukraine. >> reporter: meanwhile, zelenskyy unequivocal in how he sees this war ending. >> they have to leave our territory and then only then we can talk about diplomacy. >> reporter: this morning president zelenskyy says a majority of the country is now experiencing power shortages. it's an all hands on deck situation for the country's emergency services. they're working to restore

ukraine's energy systems. back to you. >> erin mclaughlin, thank you. joining me right now is retired lieutenant general steph twitty. he's a former deputy commander of united states european command and an nbc news military analyst. is this right out of the russian play book here, hit them and get them in the cold, wear down the ukrainian people, and how concerned are you by these new hypersonic missiles russia reportedly used? >> yes, this is how russia continues to operate. they continue to destroy the critical infrastructure. they continue to try and break down the will of the ukrainian people. the reason the hypersonic weapons, there's a reason why these hypersonic weapons are landing on the critical infrastructure. number one, the russian made hypersonic weapons, they are about nine times the speed of sound, so they normally fly

above their regular conventional weapons, so they're subsonic weapons, and as they fly along the trajectory, they have a tendency to maneuver, and so it's hard for air defense systems to stay focused on the weapons as they come into target. so that's why -- >> do we know how much of these russia has? >> we do not know how many they have, but what i will tell you, they're new in the russian inventory. i think they've had them since 2018, and so hopefully they don't have a lot. but even one can be very destructive as you can see. >> certainly, frightening facts. moments ago power was restored to zaporizhzhia, it was disconnected from the power grid. this is the sixth time it's had to use backup power since this area was taken over by russia months ago. the head of the u.n. nuclear

watchdog says he is astonished by the complacency of the agency he leads. he says each time we're rolling a dice, and one day our luck will run out. do you agree? >> i do agree. it is reckless and irresponsible to use these power plants as a battleground, and i think something needs to happen, both sides need to agree to off limits of these nuclear power plants, and they need to enforce the off limits, and we need to get more involvement in my view from the international community in ensuring that we get the russians and the ukrainians to agree to the off limits of it. >> general, does this new offensive underscore the need for more ammunition for ukraine and maybe those fighter jets it's been asking for? >> i agree that they need the fighter jets, not only do they need fighter jets, they need more air defense systems, as you can see, based on today that the

air defenses are not where they need to be. they also need long range artillery, if we're going to stop much of the missiles that are coming in, we're going to have to hit deep inside russia. 15 ships were in the black sea from russia. many of those conducted these attacks. if they had long-range artillery, if they had f-16s, they would have been able to -- those ships out there in the black sea to prevent much of these missiles from attack today. >> okay. dni avril haines told lawmakers russia may move to a more defensive approach as it struggles to keep up with troop levels and ammunition. how would this change the conflict? >> i wouldn't say they made significant gains. they failed in trying to take

kyiv. they failed in trying to take the east in their attack over kherson. they can't do large scale synchronized maneuvers anyway. what you're seeing in bakhmut, that was largely the wagner group. i think you have a russian force that really in terms of ground operations did not have the ability to operate at large scale. so i think we'll continue to see in terms of ground maneuver what you're seeing now. >> yeah, that mercenary group, wagner group. general steph twitty, we'll have to leave it there, thank you so much. we have our eyes on capitol hill where the ceo of norfolk southern will be grilled over the toxic train derailment in ohio. we're going to bring this to you live once he starts. first, brawl aboard, the latest scare in the sky on a southwest flight as one passenger began to punch another. what is going on? new details surrounding the americans kidnapped in mexico, with new video showing the

gunman trailing their car before opening fire what we're learning about that and a fifth person planning to make the trip with the group. we're back in just 60 seconds. we're back in just 60 seconds. [buzz] you can always spot a first timer. gain flings with oxi boost and febreze. (vo) with their verizon private 5g network, associated british ports can now you can always spot a first timer. precisely orchestrate nearly 600,000 vehicles passing through their uk port every year. don't just connect your business. (dock worker) right on time. (vo) make it even smarter. we call this enterprise intelligence. dry skin is sensitive skin, too. and it's natural. treat it that way. aveeno® daily moisture with prebiotic oat is proven to moisturize dry skin all day.

you'll love our formula for face, too. aveeno® overnight family and friends of the four americans kidnapped in mexico gathered at a vigil near their hometown in south carolina to remember the two lives lost and pray for the two still recovering. meanwhile, we're learning new details about their trip, including that there was originally a fifth person who was supposed to cross the border with the group. joining us now from brownsville, texas, is nbc's morgan chesky. what can you tell us about this fifth person? also, new video and details that we're getting about this group being trailed? >> reporter: yeah, lindsey, really a startling new twist in this case that resulted in a deadly kidnapping. according to this video streamed on facebook live, there were not

four but five individuals in that van that departed south carolina to come into texas and neighboring matamoros. federal authorities or a source close to this matter tells nbc this fifth individual, a woman, did not have proper documentation to cross the border into mexico. now, that woman who has identified herself to the "associated press" as cheryl orange says she remained behind on the texas side of the border and only anticipated this trip if for this cosmetic procedure. when none of her friends returned, according to the "associated press" she contacted brownsville authorities and this began what resulted in a massive investigation. now, speaking of that investigation, lindsey, we're also getting new surveillance images from mexican authorities that have been authenticated by u.s. investigators showing an incredibly chilling scene, and that is shortly after crossing

the border into matamoros, that white van holding those four americans, lindsey, was being seen trained by multiple vehicles that then resulted in that deadly barrage of gunfire and the loss of two american lives. we are waiting here at this border crossing, lindsey, because we anticipate at some point today those remains being repatriate or brought back to u.s. soil. although there is still no firm time line on when that will be taking place. >> the eerie new developments, thank you. this morning, yet another moment of chaos on board an airplane caught on tape, and this time the plane hadn't even taken off yet. it happened on a southwest flight from dallas to phoenix on monday. video we're going to show you appears to show a man shouting at and attempting to hit another passenger until other travelers separated them. no one was arrested, southwest

said its crews are well-trained in deescalation and managed the situation, but it happened just one day after a passenger on a united flight to boston got violent. investigators say he assaulted a flight attendant and threatened passengers. he's due back in court over federal charges today. nbc's emilie ikeda is tracking it all for us. what can we expect in court today sprks are these incidents becoming more frequent or does it feel like it? >> they're certain turning a lot of heads. francisco torrez is facing a federal charge of interference with crew using a deadly weapon. if convicted he could face up to life in prison. earlier this week in his initial court appearance he pleaded not guilty. today what's happening is something called a detention hearing. the judge will decide whether or not to grant pretrial release. the terrifying incident as you're watching on your screen now captured on camera. investigators say he attempted

to open the exit, the emergency exit door mid-flight. later in the flight, investigators in court documents show that he broke a metal spoon, the ladle off the medal spoon and used that to strike a flight attendant three times in the neck. fortunately there were fast-acting crew members and passengers who tackled him and restrained him for the remainder of the flight. we have air traffic control recordings capturing. >> the person is detained, attempted opening of an external door, emergency door. and that person was subdued and is being detained right now. however, not going quietly. >> so in 2022, there were more than 2,300 reports of unruly passengers, lindsey, 800 of those led to investigations, and while that is a notable decline from 2021, the year before with

the mask mandates in place t is still more than five times prepandemic levels. >> wow and important to note in this case the acting faa director testified yesterday he wouldn't have been able to open the door while it was pressurized, so it's still unclear what he was trying to do there. we'll learn more in today's hearing. next, more than 30 million americans are under winter alerts. we're tracking a revoling door of wild weather. and new details surrounding that startling story of a 6-year-old shooting his elementary school teacher. >> this shooting was not accidental. it was intentional. >> still, what prosecutors are now saying about charges as other kids just have one simple message for school administrators. >> keep me safe and alive while i can do much more stuff to make the world a better place.

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this morning millions of californians are bracing for another monster storm, this one threatening to bring heavy rain and flooding, especially in areas like the sierra nevadas, which as you see on your screen have already seen feet of snow. the warnings come as we're beginning to learn the extent of the toll of that storm that just hit southern california. the los angeles times saying the number of deaths related to the massive snow storms is 12,

including a 93-year-old woman who was found dead in her home in crestline after being trapped. she had lost power and warned relatives not to come visit because of the dangerous road conditions. her great niece told nbc news her body was found next to her fireplace. nbc meteorologist angie lassman is with us. a horrible reminder of the toll. what can california and the rest of the country expect with this upcoming system? >> there's more rain on the way, another day with flooding concerns. here's what's going on, we have rain already working in. you know this is another atmospheric river event, ask there's a whole lot of moisture expected to slam into the coast of california. this is something we'll deal with today and into tomorrow. we see renewed risks of flood concerns and we'll also see additional snow totals added on to what they're already dealing with. some locations are already at 200 % of their average. we'll see some of the foothills and the impacts as far as the heaviest rain, but we'll also see some heavy winds that will be something we'll have to deal

with for the next couple of days with gusts up to 50 miles per hour. let's start with the flood watch, 16 million people included in that, as far south as bakersfield. we will continue to see this last at least through friday. ample amounts of rain, anywhere from 6 to 8 inches in places like the sierra foothills. all of those locations will have that risk for flooding, but we also have to add in the fact that we have plenty of snow that now we're going to see these snow levels rising, and anything below 6,000 feet will be melting as far as snow is concerned on top of the heavy rain. this is why the mudslides, flooding concerns, structural damage with some of this wet snow is going to be another thing we'll have to deal with for days and days. it's not just california that's going to be impacted by winter weather over the coming days. we're also going to see a secondary system, one that's slicing through the midsection of the country, bring some snow to parts of the midwest and the great lakes, and we will also have the potential to see some

strong storms possibly stretch from texas to alabama, not to mention some heavy rain in between. this is something that will eventually start to spread snow into parts of the northeast here as we get into our last day of the workweek. then we'll see that chilly rain sticking around for parts of the mid-atlantic. this will be something that takes us into saturday for the northeast where we will have some snow around and making travel difficult for some areas. >> angie lassman, thank you. there are new developments in the investigation into shooting of a virginia elementary school teacher by a 6-year-old student. the city prosecutor in newport news says the child won't face any charges. nbc's anne thompson is covering this story. what more do we know about the prosecutor's decision? >> think about what he had to weigh. first of all, you have this horrific crime, and you have the perpetrator who is a 6-year-old child, and he said he took into account the child's age and the child's competency in making his decision. but when it comes to the adults, that could be a whole different

matter. >> the decision this morning comes two months after the shocking event. >> first grade student. i know where that student is. >> reporter: a 6-year-old shooting first grade teacher abigail zwerner as in she sat at a table in newport news, virginia. >> this shooting was not accidental. >> reporter: the boy seriously wounded 25-year-old zwerner in the chest and hand. the shooting sparked calls for a change in the community. >> we as a society are failing our teachers and our students by not offering them a safe place to work and to learn. >> reporter: despite the shock and outrage, newport news commonwealth attorney howard gwynn telling nbc news he will not put the 6-year-old on trial. the prospect that a 6-year-old can stand trial is problematic, given that a child so young would not be able to understand the charge, the legal system, or

adequately assist an attorney. instead, he is focusing on others. once we analyze all the facts we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime. at the end of january, zwerner filed notice. zwerner's attorney said three times the school administration was warned by teachers and an employee that the boy had a gun on him. the school board told nbc news they do not have a statement at this point. police say that gun was legally purchased by the boy's mother. after the shoot thing, the family said in a statement that the weapon was secured in the home, but words have done little to reassure students who have asked school administrators to do more. >> keep me safe and alive while i can do much more stuff to make the world a better place.

>> now, the family of the 6-year-old shooter says the young man is getting the help that he obviously needs. he is getting proper treatment. he's temporarily detained under a court order. he's in a medical facility, but that has really seriously injured psychologically, if not physically the teacher and also that community. >> of course. all right, anne thompson, thank you for that update. we're going to dive into this further with charles coleman, civil rights attorney and an msnbc legal analyst. there is the shocking nature here that anne just outlined. we've got a 6-year-old who standing trial would be incredibly problematic here. do you agree with the conclusion that the city prosecutor went with? >> i do, lindsey. ultimately, i think that by charing a 6-year-old with this type of offense, you are opening a can of worms that can't be reverse. and i think that it would set a

terrible precedent. it's important for viewers to understand that there may be still room for different civil lawsuits for liability, so it's not as though the people who are ultimately responsible, the adults here will be avoiding their own responsibility in terms of civil liability and what that could look like. i don't think this is a case of people walking away scot-free without anyone being held accountable. i just don't necessarily believe that charging a 6-year-old in a court of law, going through a trial, a jury selection and things of that nature is the right move in this case. >> the prosecutor didn't rule out charges for other people. we can think of the child's parents. obviously they say the gun was secured. we also have the school and administrators. where do you see this going from here? >> i do think there's going to be a number of finger pointing that we'll see going on. first and foremost, we've already heard about the teacher talking about the fact that, listen, this was something that people were aware of on multiple

occasions, that this young person had a gun, that the student had a gun, and there are going to be a lot of questions as to why nothing was done there, why nothing was tone with the parents. why was nothing done with the school. you can see multiple layers of liability here. with respect to criminal liability and criminal negligence, i think what we're looking at is a situation where there are going to be a lot of questions asked of the parents. >> charles coleman, thank you so much. appreciate that. we're going to see you again in a little bit here on another story. stick around. still to come, targeting big oil, big pharma and billionaires. what exactly is the plan for the biden budget? but right now we are looking here in the senate. this is the hearing where norfolk southern's ceo is expected to testify any minute. we're going to bring this to you live. think he's posting about all that ancient roman coinage? no. he's making real-time money moves with merrill. so no matter what the market's doing, he's ready.

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in just about an hour, president biden is set to leave the white house for philadelphia where he'll lay out his proposed federal budget for next year. the plan calls for higher taxes on pharmaceutical companies, big oil, and wealthy americans. will that go anywhere? with republicans in the control of the house. joining me right now is kayla tow she. what are the priorities the president is expected to lay out this afternoon, and knowing the opposition he faces, does this feel more like laying out political priorities versus

actual legislation that can get passed? >> it does, lindsey. that's how it is every year when the president regardless of political party introduces the budget blueblueprint. it often reflects the campaign priorities that the president holds highest, in highest regards. this year we are going to see the president and the white house release a plan that calls for tax increases on real thi americans and corporations, increase defense spending to aid ukraine as well as deter china, protections for medicare and social security, and also a reintroduction of some social programs like paid leave child care and universal pre-k. it's meant to serve as a contrast to what republicans have been proposing in terms of deep spending cuts and other items, but it's also worth noting, lindsey, how different this is from the president's prior proposals during the pandemic. trillions of dollars in new federal spending, focused on stimulus, not the deficit.

this time they're saying we're fiscally conservative and we're going to be really responsible. >> i've got to wrap you. we are hearing from norfolk southern's ceo alan shaw on the hill. let's listen. >> at the direction of and in collaboration with the u.s. epa, state, and local agencies, we are developing and implementing near and longer term cleanup activities. air and water monitoring have been in place continuously since the accident, and to date, it consistently indicated that the air is safe to breathe and the water is safe to drink. in terms of community support, we have announced direct investments of over $21 million. we have provided support to more than 4,400 families through norfolk southern's family assistance center. we established a $1 million fund available immediately to community leaders who will identify where donations can do

the most good for east palestine. we committed $7.5 million to pennsylvania for a community relief fund, and we are reimbursing pennsylvania emergency responders and health and environmental agencies for costs related to the derailment. all of this is just a down payment. we recently signed a lease for a more permanent space in east palestine. i asked one of our front line railroaders who lives in east palestine to take on a new role as a full-time liaison reporting directly to my office. he is advocating for the community in my office and overseeing distribution of another $1 million. we will be in the community for as long as it takes. to be clear, there are no strings attached to our assistance. if residents have a concern, we

want them to come talk to us. our website nsmakingitright.com provides the latest details on how to reach us. we have been cooperating fully with the ntsb's investigation into the cause of the derailment. the preliminary report found that the norfolk southern crew was operating the train below the speed limit and in an approved manner. yet, it is clear the safety mechanisms in place were not enough. as the ntsb continues its work, we are not waiting to act. shortly after the derailment i instructed my team to look at steps we could take to improve safety immediately, and we have announced a number of initiatives to do just that. these steps are just the start, and we look forward to working policymakers and industry on

others. we are also going to make our safety culture the best in the industry. the events of the last month are not who we are as a company. when i began my tenure as ceo ten months ago, i spent hours in crew rooms all over our 22-state network thanking our front line railroaders and asking them for their advice. they are proud of the important work they do for the u.s. economy and take safety seriously. i'm going to make sure they've got the right training, the right processes, the right equipment and the right technology. you have my commitment on that. since becoming ceo i have dedicated our company to charting a new course in the industry. i intend to continue working with industry stakeholders including railcar owners,lessors, shippers and

other railroads to make industry-wide safety improvements. it's going to take all of us, and norfolk southern is eager to lead that effort. today i'm proud to represent more than 19,700 norfolk southern employees who work every day to offer a safe and efficient means of transporting goods to businesses and families across our great country. when norfolk southern is successful, it is because our craft railroaders are getting the job done for our customers and the u.s. economy. thank you again for the opportunity to appear before you today. i look forward to your questions. >> mr. shaw, thanks very much for joining us today, thank you for that statement, again, for the time you spent with me on the phone recently. next we're pleased to welcome debra shore, the regional

administrator for region five, the united states environmental protection agency. ms. shore, you're welcome to begin. >> we were listening to norfolk southern's ceo alan shaw in his opening remarks here to this senate environment and public works committee saying that right now the financial assistance they've dedicated to the residents is just a down payment. we can expect to hear quite a grilling from senators throughout this, so once that starts we're of course going to bring it back to you. we're going to continue to monitor this as well. we are also watching the fallout after 32 states just ended the extra emergency pandemic food benefits that so many families rely on known as s.n.a.p. the average s.n.a.p. household will now get $95 less in food stamps each month, and food banks are already seeing an impact from families who don't have anywhere else to turn. joining me now from a food bank in louisville, kentucky, is nbc news correspondent marissa parra. kentucky just ended the benefits last year, so if they're the exact pl, what could these other states see in terms of need?

>> reporter: yeah, so s.n.a.p. benefits this is an emergency allotment we're talking about. it went into effect at the start of the pandemic to help families who were in crisis during the pandemic. we had about 32 states who just in the last week rolled back that emergency allotment, and that's the reason this is so timely. reason we're in kentucky here, this is one of the states that had actually rolled this back last year. there has been a chance for everyone in the state and across the country to sort of see the impact and see whether the need of people who were showing up to food banks and pantries like the one we're at right now, whether that grew or decreased. again, the u.s. department of agriculture, which oversees s.n.a.p. stressed this is always meant to be a temporary measure, but food insecurity advocates were arguing that inflation is much higher than it was at the start of the pandemic, much higher than it was this time

last year, the urban institute for poverty says that overall this program packed 4.2 million people from falling below the poverty line, lowered overall poverty by 10%, and to give a little bit of perspective, cities like atlanta, atlanta is in a state that also rolled this back last year, reported a 40% increase in demand over the past year. georgia's emergency allotments ended in 2022, just like kentucky. this organizer says that she has seen the need increase over the last year. take a listen. >> march of last year we were serving about 1500 people. by june that number was 2,000. by august of last year, we were serving over 2300. we continue to serve over 2,000 a month ever since. so last year we served 17,000 people.

this year we're on target to serve over 24,000 people a year. >> reporter: so, lindsey, some interesting perspective. again, we're in a state that rolled it back last year. i was in maryland the last week and we spoke to maryland food banks and pantries which said they themselves among these other 30 something states are also preparing to see an influx of people and need like the people you see behind me. >> certainly between that and inflation, marissa parra, thank you. next in the wake of the botched police raid that led to the death of breonna taylor, what the justice department has now uncovered about louisville police and the changes the department says it will make. we

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formulated with nourishing, prebiotic oat. it's clinically proven to moisturize dry skin for 24 hours. aveeno® this afternoon, actor alec baldwin and armorer hannah gutierrez reed are set to face a judge virtually for the charges stemming from the fatal shooting on the set of the movie "rust." they both face charges of involuntary manslaughter for the death of cinematographer halyna hutchins in 2021. this morning, we're watching the fallout after the justice department's scathing review of the louisville police department, finding it has a pattern of using excessive force and discrimination against black citizens. attorney general merrick garland announced that louisville will sign a consent decree to undertake major reforms, which the city's mayor says he supports. civil rights attorney charles coleman is back with me. i want to highlight just a few

areas that the doj looked at in their review and, i mean, it is pretty astonishing here. deploying police dogs against people who pose no threat. still having the police dogs bite even after people have surrendered. failing to establish probable cause for search applications, knowingly using discriminatory policies and practices that increase the risk of discrimination. this is just three in this long report. what is your reaction to these findings? >> well, lindsey, i am as disgusted as i am unsurprised. what we are talking about here is the systemic nature of americans -- america's broken policing system. when we have been talking about this for a very long time. it is important to note that the pattern and practice designation that kristen clark, merrick garland and the doj put on this investigation upon its findings really does move it forward from a conversation being about a few bad apples and a few bad rogue officers to understanding that this is a systemic problem

within policing in louisville, but also a problem in america. this is also a conversation that has to go further than training. there were things that were in that report, lindsey, like officers throwing drinks on people, calling people monkeys, calling people boy, and things of that nature. that's not a training question. that is a culture question. so, the investigation has revealed what many people have already known, but it remains to be seen whether the consent decree will ultimately address the issue. >> how confident are you and optimistic are you that that consent agreement between the doj and louisville police will lead to meaningful change? what changes do we need to see? >> well, you know, lindsey, the thing about consent decrees is they can only go so far. as long as we still have qualify ed immunity in place for officers who are able to hide that and avoid accountability for their individual wrongdoing, the object of reaching a culture change in that department is going to be significantly harder and may remain out of reach.

ultimately the way you change culture is through leadership and accountability, and right now qualified immunity, the holdup on a lot of police legislation has been the barrier to changing that culture. >> we know that qualified immunity is the red line for a lot of republicans in the george floyd justice and policing act that they want to see it maintained. charles coleman, thank you. that does it for me this hour. i'll be back here tomorrow. we'll have more coverage on the norfolk southern ceo testifying including reaction from the ntsb chair later on "andrea mitchell reports" at 12 p.m. eastern. first, "jose diaz-balart reports" starts next. . eastern. first, "jose diaz-balart reports" starts next and organ. more delicious, farm-fresh taste. plus, superior nutrition. which is now more important than ever. ♪♪ age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein.

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