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it's 10:00 a.m. here in washington. i'm garrett haake, and we are following breaking news in kentucky. new details this morning about a deadly crash overnight involving two military helicopters during a training exercise. right now at least nine people are reported to be dead according to "the new york times." and we're expecting an update momentarily. an american journalist detained in russia. russia claiming "the wall street journal" reporter was caught red handed. the paper vehemently denies the allegations. what the white house is saying about this latest escalation. another fiery train derailment, this time in minnesota forcing evacuations of a nearby town. some of the roughly 22 cars carrying ethanol. this just weeks after that toxic disaster in east palestine, ohio. we'll have the latest on the continuing efforts on the ground. and a wild story from the halls of capitol hill, sources

telling nbc news a food service worker was arrest ds and accused of recording audio of a private senate lunch meeting earlier this month. how a senator discovered what was happening and new steps now being taken to keep lawmakers' private conversations from going public. we begin with breaking news from kentucky. where a process conference is now underway with military officials. let's listen in. >> we are currently in the process of notifying their families. until these notifications are complete, we are unable to provide specific details about our soldiers. we appreciate your patience and respect of the process, and we will provide additional details once all family members are notified. i would like to thank the first responders from trigg county and the kentucky state police for the rapid and professional response and for their continued support. the army has deployed an aircraft safety team from fort

rutger, alabama, who will arrive later today and will immediately initiate an investigation to help us understand what caused this crash in order to prevent accidents like this from happening again. this is a truly tragic loss for our families, our division, and fort campbell, and our number one priority is caring for the families and the soldiers within our combat aviation brigade. our entire fort campbell community is surging resources in support and our thoughts and prayers are with these families and these soldiers during this difficult time. ladies and gentlemen, the governor would like to deliver some short remarks. >> good morning, today is a tough and tragic day for

kentucky, fort campbell and the 101st. the nine individuals we lost are children of god. they will be mourned and missed by their families, by their communities. we are blessed to live in the freest country in the history of planet earth, but we must remember that that freedom relies on those who are willing to serve, some of which pay the ultimate price. we know a lot about loss in kentucky, especially these last three years. we're going to do what we always do. we're going to wrap our arms around these families, ask we're going to be there with them, not just for the days, but the weeks and the months and the years to come. we're going to let them know that they are loved, they are special, and if they'll allow us to carry some of their grief, we'll do that for as long as we can. my faith teaches me that while the body is mortal, the soul is

eternal, and we will see them again. this morning i talked to governor bill lee who expressed his grief for this loss and his similar commitment to these families. there are no state lines when it comes to taking care of these families and helping them with their grief. finally, i also want to thank the first responders who came from the entire region there on the ground immediately after this incident doing everything that they could. the first responders included the kentucky state police, trigg county emergency f's office, tr marshal county rescue squad. east golden pond and other trigg county fire department, trigg county ems and the christian county emergency management. here in kentucky and i know in tennessee, we love fort campbell. we love all of the people that live here and that work here.

they are part of our community of who we are. their loss today is our loss, and we're going to stand with both those that are here today and, again, we're going to make sure that these families know that they are loved and that they are not alone. thank you. ladies and gentlemen, i'm prepared to answer your questions. yes, ma'am. [ inaudible question ] >> yes, ma'am, this is a training progression and specific they were flying a multiship formation, two ships under night vision goggles the night. yes, sir. >> channel 4 in nashville. for folks -- training exercises, is it typical to have that many people on a helicopter? was it five and four? is it typical to have that many on a helicopter in that sort of

training exercise? >> yes, sir, it was five and four. that is fairly typical. a pilot, a co-pilot, a crew chief and often you'll have medics or other personnel on the aircraft as well. yes, ma'am. >> do you have any -- [ inaudible question ] >> we have a safety team coming from fort rutger, alabama, who specialize in aircraft safety and specifically these investigations. we hope to have them on the ground later today. they're bringing a very diverse and talented team that will look at every possible contributing factor, and i think in a short time we will have a much better understanding of what may have contributed to this accident. yes, ma'am.

[ inaudible question ] >> yes, ma'am, thank you, they were all based at fort campbell in the 101st airborne division. yes, ma'am. [ inaudible question ] >> yes, ma'am, they were a variant of the blackhawk. these specific aircraft were medical evacuation aircraft. however, we believe that they were -- the accident occurred when they were doing flying, not deliberate medical evacuation drills. correct. yes, ma'am. yes, ma'am. at this point we don't know. we're hopeful that when we get the team from fort rutger here and they're able to pull some of the data out of the onboard

computers that we'll have a better understanding of exactly what happened. yes, ma'am. [ inaudible question ] >> no, ma'am. yes, ma'am. [ inaudible question ] >> yes, ma'am, despite our losses, we were lucky because they were able to land in an open field across from a residential area, so thankfully there were no additional casualties or injuries as a result of the aircraft crash. yes, sir. >> these helicopters you talked about, are they equipped with like blackhawk -- or s it computer type instruments? >> yes, sir, they do have something very similar to the black boxes we see on the larger

aircraft, and we're hopeful that that will provide quite a bit of information of what occurred. yes, ma'am. >> when do you expect to reach out to the families? >> yes, ma'am, we started next of kin notification early this morning. we have some family members that are in the local area that we were able to contact fairly quickly, but we also have some family members across the united states and a few outside of the united states. so that process is ongoing. we're doing everything we can to notify families as quickly as we can, but i don't have a good estimation on when the final notifications will occur. yes, ma'am, sir. >> do you have any sort of estimate as to the rapid response time, average time -- >> yeah, i don't have an actual response time, but i will tell you that we know that they

responded incredibly quickly, and immediately established communication with our leadership here at fort campbell, and then jointly, we were able to secure that location and get the right folks there to start helping at the site. yes, ma'am. [ inaudible question ] >> no, ma'am, there were no transports off the crash site. yes, sir. >> how were the folks being made aware of the crash? were they being monitored by radio communication or people in the area called 911? >> we had other aircraft in tie. trigg county first responders were one of the calls, and we had aircraft that were able to quickly move to that location

and actually stayed overhead for quite some time. >> we'll take some more questions. >> yes, ma'am. >> when to your knowledge or ever did something like this happen here at fort campbell. >> >> that i will have to follow up with you. i am not sure of the actual date of the last accident, especially to this extent, but i can follow up with you after this with an answer. yes, ma'am. >> going forward, how would you take extra safety precautions to ensure that this doesn't happen again? >> that's a great question. everything we do, for context when we do any training but especially aviation training, they do very, very detailed planning, very detailed reversals. depending on the risk of the operations they're doing has different levels of approval for the command, so we will always relook our safety precautions and our measures, but this was, like all of these training events safety is a primary focus

for us. thank you. >> thank you all for attending. this concludes the press conference. you'll be able to find a press kit. >> we've been listening to a brigadier general out of fort campbell, kentucky, describing the fatal helicopter crash last night involving two army aircraft. nine people dead. the general confirmed everyone on board both of those aircraft, he said a flight safety team is coming up from fort rutger in alabama. they'll conduct an investigation. it will look much like a commercial aviation investigation in the sense they'll try to retrieve those black boxes. see what else we can find out about this flight. this training exercise apparently being conducted under night vision environment. kristen welker was listening to that as well. what stood out to you and what do you anticipate being the white house response here? obviously a pretty deadly day on a training exercise stateside.

>> reporter: garrett, you're right. it's a somber day here at the white house. you could hear the emotion in the brigadier general's voice. you could hear the emotion in the governor's voice as well who overnight tweeted asking people to pray for all of those who were impacted. we haven't gotten any specific response from the white house yet, garrett. they wanted to let this press conference get underway. i anticipate we will as the day moves forward. just to give a little bit more context here, we know that this happened last night about 10:00 p.m. it happened about 40 miles outside of fort campbell, and this is still very much an active investigation. they're hoping that the data that is recovered from the scene, the black boxes as they describe them will help them to determine exactly how this crash could have occurred. you get a sense of just how great a tragedy this is for the local community there and, quite frankly, for the entire country. let's take a listen to what one resident had to say after

witnessing this horrific accident, garrett. >> two helicopters just disappeared out of the sky, and there was a large flash, and we ran outside, and we started seeing another helicopter that circled that area where i thought the impact was for probably 30 minutes, and you know, we saw ambulances and sirens. >> reporter: now, again, garrett, one of the takeaways from the press conference, these were medical evacuation aircraft. they were engaged in a training operation, and the cause still very much under investigation. this does come just weeks raf two helicopters collided at the tennessee national guard killing two crew members, i should say one blackhawk helicopter crashed killing two crew members. this is yet another tragedy, a very active investigation as we

await some type of reaction from the administration. we know the press secretary is going to be holding her daily briefing later today as well as john kirby with the nsc. i anticipate we will get some reaction when that happens. garrett. >> and from my end of town, members of the senate armed services committee have been briefed on this. we may learn more from those lawmakers as well. kristen welker covering this for us. i want to move on to more breaking news this morning, this out of russia where a u.s. journalist with the wall street journal has been detained on espionage charges while reporting in the country. the journal vehemently denies russia's accusations. joining me is nbc news matt bogner who's close friends with that reporter, evan gershkovich. matt, i want to start with you. it's obviously very early in all of this. we know that evan covered russia. he was in a town in the russian mountains about 900 miles east of moscow.

that's where he was accused of espionage. what more do we know about this case? do we think russia has actual evidence of espionage? what do we know? >> reporter: thank you, garrett. i've known evan since about 2016, 2017 when he first showed up in moscow where i was always also based for a very long time. he's one of the best reporters in the russian journalism space. if you've read something in the past five, six years about russian civil society, about the russian opposition that you felt was very strong, there's a very high chance you read something that was written by evan. this is obviously very shocking, and i don't think anybody believes that he's actually engaged in the work of espionage. we see the russian authorities are moving very quickly with those allegations. he's already been moved back to moscow. he's actually today showed up at moscow's courts where he has already been sentenced to kind of are pretrial detention until the end of may while an espionage investigation is conducted by the russian fsb.

we're not going to see very much about what kind of evidence they have on him, if we even hear anything at all. we have seen the russian government, including the kremlin and the russian foreign ministry not doubt the fsb at all, saying evan has been caught red handed. saying it's not the first time they've seen the journalist visa used for purposes that were not journalistic. it does not look as if the russian government is going to blink off of this, so it looks a lot like the paul whelan case. he's still in russian custody. an espionage case in russia is going to be held behind closed doors. we're not going to see much of the evidence. it could go on for a long time. right now it looks like paul whelan. >> we should give context here too. it's a very dangerous time to be an american in russia. the state department has warned against americans traveling there. there's that new law that was passed last year in russia, cracking down on independent journalism. a very difficult time to do an important job in that country.

mike memoli, we have not heard a formal statement from the white house on this yet. obviously it's the kind of thing they're going to be monitoring very closely. what do we know about the administration's posture here, especially after everything they went through to bring home brittney griner, one of the last high profile americans charged with a crime in russia. >> yeah, that's right, garrett. i think the best way to capture where the white house is at this moment is information gathering mode. they're gathering information on two fronts, one specifically about gershkovich's case. where was he captured? what are the circumstances moving forward, what possible role could the administration have in trying to secure his release very quickly, and the second round of questions have to do with the already fraught, increasingly tense relationship with russia more broadly. of course having to do with the war in ukraine, but we've seen russia even go beyond that, just in recent days with a number of actions on the nuclear front that have administration officials concerned here. the russian government obviously increasingly under pressure as

western allies and others throughout the world are increasingly isolating russia, and so russia responding in increasingly provocative ways. a senior administration official saying for the moment the white house has been in touch with "the wall street journal" to learn more about the case. "the wall street journal" itself saying in a statement that they vehemently deny the fsb allegations and seek the immediate release of their sbrep intrepid reporter. i want to bring in tom firestone, a former resident legal adviser to the u.s. embassy in moscow. if you're behind closed doors here at the u.s. embassy or the white house, what kind of steps are being taken right now? what's your level of concern about an american facing a very serious charge in russia? >> i think the level of concern is extremely high, somebody compared this to the whelan case. he got 16 years, of course. so these cases we're going to get very little information about the case as one of your

colleagues said. the case has already been rolled over until may 29th. they typically do this. they have a long pretrial investigation phase. it will be rolled over for several months. we're unlikely to get much information, get even less information than we got in the brittney griner case because the charges are espionage. a lot of it will be done behind closed doors. tremendous concern about mr.ger gershkovich's fate in russia. >> this kind of stuff does not happen in a vacuum. i don't think it's out of line to look at this as almost certainly a political arrest in some capacity, but feel free to correct me if i'm wrong there. what does this tell us about kind of the way russia continues to escalate its stance against the west and against the united states in particular? >> exactly right, these typically do have political motivation. in this case it appears there's absolutely no evidence to

support the espionage charges whatsoever. a lot of times these are done as retaliation for an arrest that has been made in the west. just last week the department of justice charged somebody named sergei cherkosa with being an alleged illegal operative, undercover operative for russian intelligence services. it may be retaliation for that. it may be they're looking to get somebody else out of u.s. custody and that's why he's been detained, and they're looking for an exchange. it reminds me of the nicholas danilov case, when he was arrested but exchanged for a soviet employee from the u.n. who had been charged -- accused allegedly involved in espionage at the same time. so it could be part of a ploy to get somebody out of u.s. custody. we'll just have to wait and see how it develops. >> you led me to my last question. i remember in the brittney griner case there was all this talk about why it couldn't be a two and two, who russia had that

we wanted or who russia had that we wanted. do you think this is a play towards a prisoner swap somewhere down the roads? this could be a month, years long drama potentially. is that the way this is setting up in these early stages? >> judging by the most recent case, brittney griner and the case of trevor reed who was exchanged earlier in 2022 who had been in russian custody for close to nine years, i think that's where it's going. they are probably looking to exchange him for somebody, and as time goes on and the negotiations continue, it will become clear who they want for him. so i would suspect that's where it's going. how it will end up, how long it will take we don't know. i will just say that an espionage case is much harder to get somebody out of than other cases like griner's just judging by the whelan case, the russians made clear they were not going to include whelan in the exchange that was made with griner because they considered him to be in a separate category

of defendants, i.e. espionage, rather than ordinary criminal activity. it's going to be a big lift for the white house to get mr. gershkovich out unfortunately. >> thank you for your analysis on this and all of us journalists are going to be thinking about evan and his family for what he's about to have to go through. coming up next, protests in nashville at the at any time state capital as calls continue for lawmakers to take real action on gun violence. while on capitol hill, guns have once again become a flash point among legislators. >> more guns lead to more deaths. look at the data, they're not looking at any data! >> i'll talk with the former republican congressman fred upton about what it would take for congress and more specifically for members of his party to take more action. plus, another train has derailed. this time in minnesota, spurring evacuations. we'll have the very latest on the situation on the ground when we come back in just 60 seconds. .

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this morning in nashville, thousands of protesters have gathered calling for action at tennessee state capital after the devastating shooting at the covenant school on monday that left six people dead. the three children and three adult workers at the school were also remembered at a nashville vigil last night. first lady jill biden was among those in attendance. msnbc's lindsey reiser is with us now from nashville where she's been reporting the last couple of days. what are you seeing at the state capitol this morning? >> i was at the vigil last night, garrett, where they encouraged people to come here this morning, line the gallery of the state capital to confront lawmakers as they're walking in to their general duties of the day. several thousand people showed up. it was organized by a mom who put it out on social media on monday after this happened. i'm now joined by another mom,

kayla colbert and her beautiful 1-year-old caden is here. she also has a 6-year-old. why was it important for you to be here today? >> as a mom, as a believer of christ, i believe that it is the love of christ that called me to be here to be a voice for the children, to prioritize their safety. i was in high school and i wore my sweatshirt today from being in high school when sandy hook happened, and i remember all of the fear and the sadness and the brokenness that i felt walking through my own hallways at school the next day and to know here we are over ten years later as the people with the same ask, asking for our children to be prioritized for their safety to be prioritized. i felt a duty to be here. >> have you talked to your 6-year-old about all of this? >> i can't fathom even the words, how do you explain that to a 6-year-old? how do you prepare someone who doesn't experience violence to

be prepared for fighting for their life in a place that they love to be. i can't talk to him about it. i don't know how as a mom, and i can't imagine those parents at covenant and those people connected to those children and the conversations they have to have with 6-year-olds, with 9-year-olds. with elementary kids, with middle schoolers. i can't. >> and so kayla's also got a sign that says graduations, not funerals. people are asking lawmakers to do something. there are several bills, fwar garrett going through the general assembly that would expand gun access. time will tell whether the show up of people out here today will impact these lawmakers, garrett. >> all right, lindsey reiser in the thick of it for us in nashville. thank you for that reporting. i want to bring in former republican congressman fred upton of michigan. he was one of 14 house republicans who voted for last year's bypass gun law. only five of those who voted for

that bill are still serving in the house. i want to talk to you about last year's law. i want to get your thoughts on an exchange we saw on the hill that's making the round between jamal bowman and republican thomas massie on this issue. >> they're freaking cowards. they're gutless. they're not here -- i'm talking about -- i'm talking about gun violence. >> in schools that allow teachers to carry. >> carry guns -- more guns lead to more guns. more guns lead to more deaths. look at the data. they're not looking at any data. you're -- the gun lobby. look at the data, more guns lead to more death. >> about as clear of an illustration of the divide between the parties on this as you're likely to see. what do you make of an exchange like that, the frustration of lawmakers? >> there is a real divide.

tragically what we saw at michigan state we saw a year or two ago at oakland, oxford high school in oakland county, sandy hook, parkland. it's almost too many names to remember. these hit home. i know in michigan, we're very close to having the governor sign legislation that's going to expand background checks, provide for the red flag. i know these former colleagues now up on capitol hill, it was all we could do last year, the nra was neutral on this issue but we actually passed -- with only a handful or so of republicans a bill that would allow for an amber alert on telephones for an active shooter. tom massie opposed it during the debate. at the end of the day we could not get the 60 votes to get something done in the senate. it passed the house, but ultimately it didn't go.

the nra was neutral, but the gun owners of america, a group that's to the right you'd say of the nra actively opposed it, and it's very hard, you know, as john cornyn said, senator from texas, he was able to mastermind a bipartisan bill that got through ultimately to the president's desk, but it's going to be really tough, particularly now -- we even had co-sponsors of our bill in the last congress who voted no on the active shooter bill. that's how strong this gun lobby is. and it'd be very difficult to get anything done, even in the event of some terrible tragedy like we saw earlier this week. >> i'm glad you name checked john cornyn. he's been pretty clear that he thinks congress has gone as far as they're probably going to be able to go in kind of the current environment here when it comes to passing legislation that has anything to do with guns. our viewers get really

frustrated. they think why don't republicans see this the same way we do. you are a republican who tends to see this issue a little bit more like perhaps more democratic voters do. can you explain what you hear from your voters when you go home and the pull you get not to touch these gun laws, not to make the changes so many people say they desperately need? >> well, it's interesting. you know, they did some polling in michigan on the bill that our governor whitmer proposed, expanded background checks, red flag, making sure that parents if they have -- obviously if they're a parent they have kids, but if they have guns, they've got to keep them locked up. they're responsible for that type of thing. 80% of michigan voters said that's a good thing, but yet, in fact, the nra and others just swamped with phone calls, emails, the republican legislators to vote no. the votes have been there to pass these bills, it's going to

happen, it's going to reach the governor's desk in the next few days, but ultimately, the nra, they work their magic, and they got virtually every single republican to vote no because they're scared of a primary. and john cornyn's a wonderful guy, but he's also a -- >> former whip. >> 60 votes pretty hard. >> i want to ask you about this, a lot of what was in that last bill that did pass were grants to states whether it was to enact red flag laws, close the boyfriend loophole. the idea was congress wasn't going to make any state do anything, but they were going to try to give the states the tools to take those steps. you mentioned your state of michigan has not yet passed an extreme risk protection order, but they may do so this year. how do you lead all those horses to water? only i think 19 states have red flag laws so far. you can lead them to water, how do you make them drink, how do you convince particularly red states that if indiana and

florida can do it, they can do it too? >> well, that's exactly right. due process is an important piece here. i don't know, after parkland, it was governor rick scott, republican, and now of course ron desantis, republican governor of florida, they have the red flag. in indiana they know that it's resulted in more than a thousand cases where they probably saved lives, but it was republican governor mitch daniels and then republican governor mike pence who his entire time as governor had the red flag bill in indiana. so we provided incentives in many cases, let's face it, this is a state issue, not a federal, but we tried to provide some incentives for some help. obviously there's -- you know, it's a tough situation, but at the end of the day, we need law enforcement folks. they need more tools in the toolbox. mental health is a big issue, wu without a red flag you can't

necessarily identify someone that needs that mental health and otherwise they might be able to purchase guns as the woman in nashville did, you know, this week. >> former congressman fred upton, i know a lot of folks were grateful for your vote, were grateful for you explaining how this all works today. thank you for coming on. >> yeah, thanks, garrett. >> you bet. coming up next, a train carrying ethanol derailed and caught fire in minnesota forcing residents to evacuate. what we're learning about this latest train derailment incident is up next. the lower your bil. tide cleans great in cold and saves money? i am so in. save $150 when you turn to cold with tide. ♪♪ ♪ a bunch of dead guys made up work, way back when. ♪ ♪ it's our turn now we'll make it up again. ♪ ♪ we'll build freelance teams with more agility. ♪ ♪ the old way of working is deader than me. ♪ ♪ we'll scale up, and we'll scale down ♪

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we're following breaking news in minnesota where a bnsf freight train with at least 14 cars carrying hazardous materials derailed overnight in raymond, minnesota, with several cars erupting in flames. the derailment prompted an evacuation order for anyone within a half mile of the crash site. no injuries have been reported so far, but the crash is raising still more red flags after the toxic train derailment last month in east palestine, ohio. transportation secretary pete buttigieg says he's in touch with the governor, with federal officials on the ground, and the epa is en route to assess the situation with respect to hazardous materials. >> the most important thing for anyone in the affected area to know is that you've got to pay close attention to any instructions coming from first responders regarding the evacuation or anything else that local officials are telling you.

that is for your safety to make sure that no one is injured. as of now, i have not seen a report of any fatalities or injuries. >> nbc's tom costello is following this for us. what more do we know at this point? this is an industry under the microscope right now. >> reporter: no, i think that's 100% accurate. let's keep in mind it's a different railroad operator. this is bnsf and that was of course norfolk southern involved in east palestine. this happened at 1:00 a.m. there, about 100 miles west of minneapolis. i can tell you the ntsb moments ago tweeted out that they will have investigators on the scene sometime this afternoon. 22 cars involved in this train, as you mentioned, we believe 14 were carrying hazardous materials, and there was a fire, they originally said four of the cars or the tanks were involved in a fire, certainly looks like more than that to me. at the moment, we have no reports of any toxic leaks. however, as you mentioned, epa

is on the scene, and also, thankfully, nobody injured, nobody killed. it's important to know that on east palestine, that investigation still underway, and the epa is now conducting an internal investigation about how it responded to that emergency in east palestine, with concerns about the quality of the air and the drinking water and the soil. so now epa and the railroad authority as well as ntsb responding to this incident there about 100 miles west of minneapolis. it looks to be far less toxic than what happened in east palestine, garrett. >> we will see tom costello all over this story for us, thank you very much. >> you bet. and still ahead, the former president has his hands full with legal challenges, and now a new front is opening up as donald trump appeals a judge's order allowing grand jury testimony from former white house chief of staff mark meadows and other former top aides. does he have a case or just

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this morning we're watching some new legal maneuvers from former president trump's legal team. they are appealing a federal judge's order for some former top aides including white house chief of staff mark meadows to testify before the federal grand jury investigating the january 6th attack. nbc's vaughn hillyard has been following this story for us. vaughn, a new move here, but an old move in terms of the trump legal play book.

what do we know about this appeal and the latest on former vice president testifying, he is going to be in washington tonight. >> right, we'll see how long this ultimately plays out. we now have an appeal from donald trump to keep the testimony of mark meadows and these seven other key aides from testifying. these are individuals who the treasury trove of information, if we're talking about mark meadows specifically, he was with donald trump on january 6th, and of course in the weeks leading up to it. it was cassie hutchinson who was of course the aide to mark meadows who testified to the january 6th select committee, and we would expect that she has provided similar testimony to the special counsel's office, that it was mark meadows that just days before the january 6th attack in which cassie hutchinson said he said, quote, things might get real, real bad on january 6th. and the testimony that hutchinson provided as to information that meadows is

aware of is going to be key to the special counsel. as for mike pence, of course this is another individual who had direct conversations with of course donald trump even just hours before he arrived to the u.s. capitol on january 6th to conduct his business as the senate president. take a listen to mike pence just yesterday in iowa talking about his own appeal from having to go before the special counsel's grand jury. take a listen. >> as i said, i'll be in washington, d.c., later this week and i'll be meeting with my counsel at that time, and we'll review the judge's decision and we'll determine the best way forward. but again, i have nothing to hide. i believe we did our duty under the constitution on january 6th. >> garrett, mike pence said that he would be meeting with his counsel in washington, d.c., over the next day or two to term the extent to which they should seek an appeal. if the appeals court were to not rule in any of these

individual's favor, this is the sort of testimony the special counsel's office would be looking for as they close in on whether to press charges potentially against donald trump, but also others including even the likes of mark meadows who are engaged in conversations ahead of january 6th. garrett. >> the federal courts have been moving uncharacteristically quickly on all of these matters. we'll be watching it closely the next couple of days. vaughn hillyard, thank you. up next, a story of secrecy and heightened security concerns that you will only see here. a food service contractor leaving his phone behind to record for multiple hours. he didn't do this anywhere. he did it in the u.s. senate while lawmakers were meeting in a private closed door lunch. how this incident is changing security protocols on capitol hill. n capitol hill and where it's going. (dock worker) right on time. (vo) robots can predict breakdowns and order their own replacement parts. (foreman) nice work. (vo) and retailers can get ahead of the fashion trend of the day with a new line tomorrow. with a verizon private 5g network,

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the wiretapping charge against a 25-year-old maryland man was later dismissed. nbc's julie is here with more on this nbc newsu a lot of weird details in this story. walk us through and what other steps security ofi1mare now taking. >> weird is one way to put wo(i. it is almost unbelievable and yet it happened.q this is a 25-year-old maryland man who left his phone onñi recd during a partyw3 lunch. this is a lunch that both parties, democrats and republicans take the chance to huddle together to discuss upcoming legislation and nominee

votes and sensitive information they wouldn't want getting out to just anyone. according to court documents we obtained exclusively, this man told police he left his phone in the room to record because he claimed that he was married to the vice president of liberia and wanted to provide his wife, the vice president ofw3xd liber [póith american political information. i shouldlp note there's no reco that he is, in fact, married to the vice president ofoki] liber. we have reached out to the á president andt( have not heard yet. yet. the securitye1( are saying is a one off. they're putting place the phone cabinet that you showed a picture of on your screen. they are now winding down all o they enter the room and this employee, including the now senators and staff and officers upñr here are going to

think twice about in light of this situation in whichjf thisñn was allegedly tryingxd toi] secy recordjf information and also t1 a souvenir package out of the garbage can at the conclusion of thatqxdçó lunch. >> julie jfp,tsirkin. that will do it forg jose diaz-balart reports starts next. diaz-balart reports start next it's where businesses meet great remote talent and remote talent meets great opportunity. ♪♪ ♪ this is how we work now ♪ a mystery! jessie loves playing detective. but the real mystery was her irritated skin. so, we switched to tide pods free & gentle. it cleans better, and doesn't leave behind irritating residues. and it's gentle on her skin. case, closed! it's gotta be tide.

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