>> any obvious srinjuries >> oh, yeah. >> from the brink of death to bouncing back in true superhero spirit jeremy renner joked, his calendar is wide open as the accident derailed his plans for the year, but he is excited about the new disney series that serves children's charities. he said the accident helped him quit smoking what a remarkable recovery he already made >> thank you so great to hear him bouncing back that will do it for us today thank you for being with us. i will be back here tomorrow, same time, same place. i am fortunate to do the passing of the baton to you, josé >> this is the first time i get the opportunity to say face-to-face and welcome you and say what an honor and privilege

it is for me to be able to work with you on a daily basis. >> thank you and then we have an update on the felony charge against the suspect that is not in custody at this hour we will talk live to one of the teen's attorneys, benjamin crump. and we are getting the first image in weeks when a udetained u.s. reporter surfaced u.s. officials were repeatedly warned of child migrants being put to work in grueling jobs, but those warnings were largely ignored.

we begin this very busy hour with charges filed against a kansas city man accused of shooting 16-year-old ralph yarl who mistakenly rang the wrong doorbell, and the 84-year-old homeowner is charged with assault in the first degree and on criminal action the county prosecutor said an arrest warrant was issued for lester, who is not in custody. meanwhile, yarl's family said the teen spoke with president biden on monday and said he is relieved by the outpouring of support. joining us with more is nbc's antonia hilton what more do we know about this suspect not being under arrest >> it's causing anger and confusion on the ground in kansas city.

the community has been asking the authorities why he was not taken into custody that night after the shooting there's relief on the ground he's facing the two felony charges, but he's still not in custody and people are demanding answers. the prosecutor himself acknowledged last night there's a racial component here, but that's the extent of the remarks he made on that front. community members feel like this is a racially motivated shooting and they want more answers about what he said to ralph yarl that day, and we know more gruis an gruesome details he was a musician and high-achieving student bl accounts, and he rang the wrong doorbell and was shot through the glass door and went to three different neighbors before getting help

>> he was shot in the head >> yes >> he is a day by day, minute by minute, hour by hour kind of situation. he has his good times where he's like -- we will remind him, ralph, you are alive, buddy. and then he has times where he's like, why? i did nothing wrong. why? i did nothing wrong. he cannot understand why >> andrew lester is now facing two charges, one of first degree assault and the other for armed criminal action, and people on the ground in black communities in missouri want a hate crime charge people want to see him behind bars as soon as possible, josé >> thank you so very much. later this hour we will talk with ralph yarl's attorney, benjamin crump

meanwhile, a man is accused of shooting a passenger in a car that pulled into the wrong driveway a group of friends thought they were at a home belonging to another friend authorities say the man fired at the car as it was leaving the home in the rural town north of albany a woman was hit and killed monahan faces charges and is being held in jail back to akron, ohio, after a grand jury declined to indict eight police officers that shot and killed jalen walker last year the demonstrators took to the streets after the announcement was announced yesterday afternoon. jesse, what is the situation there like this morning? >> reporter: good morning. you can see we have several windows on storefronts boarded

up, and other windows exposed and looking like any other main street saw tpcenario. it's quiet now, but what we have seen from protesters have been largely if not entirely peaceful there have been roughly six arrests in an unsettled community. >> overnight, outrage in akron, ohio dozens protesting after ohio's attorney general announced there will be no state criminal charges against any of the eight officers that opened fire on jalen walker, the 25-year-old black man killed >> the grand jury found there was no evidence. >> officials say the panel included two black jurors, three men and six women. >> do you think it was more heartbreak, a feeling of

injustice, outrage >> it's betrayal the constant refrain is when will this change >> an attorney for walker's family says he does not trust the findings from a month-long investigation. walker flees in his vehicle before firing a gun, at least once walker then flees on feet in a ski mask police try to tase walker. >> mr. walker then reached for his waistband in what several officers described as a cross draw motion. he planted his foot and turned towards the officers while raising his hand only then did the officers fire. >> it was illustrated in the new video shared by authorities. police fired 94 shots in less than seven seconds, roughly 46 bullets striking walker, who died >> although the officers did not

know it at the time, mr. walker had left his recently purchased gun in his car >> officials say police believed walker was a threat. >> if he was a lethal threat leaving his car, he should have been shot immediately leaving his car, but he was not. >> the officers that shot walker remain on administrative duty, and it remains if any or all of them faced prior use of force complaints their names have not been publicly shared and officials say they are being publicly held because officials believe those officers still face threats. a court overseas denied the

reporter in the hearing. he is the first reporter to be detained in russia since the cold war joining us now is keir simmons what is the latest today >> we just heard from "the wall street journal," josé, a new powerful statement following that appearance in that courtroom in moscow. let me read a piece of that for you. evan is wrongfully detained, they say, and the charges of espionage are false, and we demand his immediately release and are doing everything in our power to secure it it was troubling to see an innocent journalist appear in these circumstances. the way he appeared in the courtroom, he looked determined and relaxed, and he did write a handwritten note to his family, his first direct contact with

them in which he said i am not losing hope, and he looks like somebody who is determined not to lose hope, but, you know, josé, he does face many years in jail if he is convicted. he lost his appeal today, an attempt against his being detained while the charges are brought and the court case itself, the legal process itself, could take a year to 18 months >> a prominent putin critic that was just sentenced to 25 years in prison spoke out following his sentencing what did she have to say >> he was held in april of 2022, and it's a reminder the number of people being held in russia now is a domestic picture, and it changes dramatically. he was held for treason for criticizing the war in ukraine listen to what his wife has to say. >> he would keep on fighting and

this sentence shows that they are so afraid of him and they hate him so much for his consistency, for his courage, for his -- his amazing bravery they are so afraid of him and hate him so much they want to lock him up for a quarter of a century. >> just to say, again, josé, th charges against evan gershkovich are poignant because he was a u.s. accredited journalist working in russia. vladimir putin made another secret visit to ukraine. this video was provided by

russian media, it shows it's the second of two known visits to ukraine by putin last month he travelled to the devastated city of mariupol. we are back in 60 seconds with what we have heard so far in the dominion defamation trial. we are following breaking news on why southwest planes were paused this morning. we will bring you the latest next, in one minute. you are watching "josé diaz-balart reports. even deeper into parking spaces so people think they're open. surprise. [ laughs ] [ horn honks, muffled talking ] -can't hear you, jerry. -sorry. uh, yeah, can we get a system where when someone's bike is in the shop, then we could borrow someone else's? -no! -no! or you can get a quote with america's number-one motorcycle insurer and maybe save some money while you're at it. all in favor of that. [ horn honking ] there's a lot of buttons and knobs in here. we got the house! all in favor of that. [ horn honking ] you did!

pods handles the driving. pack at your pace. store your things until you're ready. then we deliver to your new home - across town or across the country. pods, your personal moving and storage team. you need to deliver new apps fast using the services you want in the clouds of your choice. with flexible multi-cloud services that enable digital innovation and enterprise control, vmware helps you innovate and grow. 12 past the hour we are following breaking news the faa said it cancelled the pause that was put on southwest airlines joining us now is tom costello what happened? >> southwest airlines continues to work on this technical issue as they describe it that led to -- has led to significant delays i count according to flight aware, we have 1,500 southwest

flights delayed, and 36% of their total. this is quite significant. they requested the faa formerly pause all departures for southwest airlines, and that is now lifted but the affected airports with the delays are love field, and hobby is affected, and midway, ontario, california, san josé if you are at an airport that is a major southwest hub or you are flying southwest today you may have significant residual delays as this continues to ripple across the day we don't know more anything more than what southwest put out in a statement that it's a technical issue they are working on. keep in mind this airline struggled over the last year a year ago last summer they had significant problems with not enough staffing to deal with the surge in summer demand, and then a total meltdown in the last week of december which caused a

travel meltdown for hundreds of thousands of passengers, and they could not get home because of the meltdown with the computer system with southwest we don't know if it's a similar computer system or problem, but they just described a technical issue they were working on and had to delay all of their departures today for a time, and this is a significant number, 1,500 flights affected right now, 36% of southwest total. >> tom costello, thank you very much day one of the historic defamation trial against fox news, testing the boundaries of free speech. the case centers around the false reporting, and dominion accused fox knowingly making false statements to boost

ratings. emily is live outside the courtroom, and then a trial attorney specializing in late investigation, and let me start with you, emily. what have we heard so far? >> reporter: this is a moment two years in the making, the lawsuit was filed back in 2021, and the jury -- they have been offici officially empanelled. the judge made the executive decision to give both legal teams an extra strike. in an effort to protect their privacy, they are only referred to as numbers throughout the election process you get a sense for how highly watched this trial, this sweeping trial, is every single row in the courtroom, people, journalists, members of the public and legal

teams packed in like sardines. we are currently in a 20-minute recess, and before we get into opening arguments both legal teams expressed concerns to some of the slides anticipated to be presented in the opening arguments, so those will be addressed before we get into opening arguments. and there are addition exhibits made in an overnight filing, and we have mounds of court documents showing some of the hosts expressing skepticism. certainly providing this rare window into the behind-the-scenes working of the top-rated news network >> thank you so very much. so they will have to prove there's malice how big of a challenge is that >> josé, first of all, thanks for having me. it's the hardest standard you could possibly undertake as a

plaintiff. actual malice proves what i like to disclose an mental process, and that means somebody knew what they were saying was false or recklessly disregarded the truth. it's difficult to prove, because rarely do people give you direct evidence of what they were thinking when they said something, when they were thinking, i am lying, i am saying that is provably false. it's difficult we have tried them and they are very hard. >> so there is a lot of evidence, and certainly during discovery they have gotten a lot of emails and texts that does in some way show peoples' thought processes at a certain moment in time is that the kind of stuff that makes a difference for a jury? >> yeah, and i think that's the major distinguishing point in this case. there's volumes of text

messages, emails, slack internal messaging where any number of personnel from murdaugh down were expressing -- i wouldn't say they were down right committing to the fact that the likelihood of falsity is so strong, they should revisit broadcasting it. this was going on real time while the shows were occurring you have the dichotomy of saying these reports, behind the scenes, they were in these dialogues regarding what the falsity issue is and whether they should provide a platform for guest to talk about it and then the next step of the problem, which is embracing what those guests were saying, and i think that's where the problem comes in >> fox news says the first

amendment protects their right to air these types of claims just wondering from your perspective, you have so much experience on different, very different cases, but with a depth of experience, what are you seeing in this trial >> it is -- we're in an interesting time this is the fourth high-profile d defamation case in two years speech and the internet age, and the technology lagging -- the law lagging behind technology is cre creating this scenario what am i see st i am seeing real-time evidence where they are memorializing their appearrehensions of what their guests are saying, and then they are looking at

competition and what are they putting out? at the end of the day, these cases are factually intense and specific they can be distinguished on one or two small items the overwhelming different here is we have a business who is a plaintiff, and a business whose livelihood depends on trust in voting, and then where they provide add platform for people without a basis attacking those machines, and the first amendment protects neutral reporting. it protects saying true things where the protection is always going to break down is when you are putting falsities out knowingly, and that's a defamation case. that's why they are there. >> thank you very much for your perspective. i appreciate your time >> thanks for having me, josé

nice talking with you. >> likewise. up next, how officials are saying the chinese government harassed dissidents living in the united states. plus, we will go to capitol hill where the battle over raising the debt limit is ramping up you're watching "josé diaz-balart reports" on msnbc.

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working on behalf of the u.s. government the chinese government used the facility to monitor and intimidate its critics in a separate complaint the doj is charging police for alleging harassing dissidents in the u.s. peter alexander, it's good seeing you in person this is an odd story >> this is a stunning scheme, the more we learn about this here you have the chinese government cracking down on dissidents and democracy oversees, elsewhere, here in the united states. the doj says this is the first known example of a foreign police station here in the u.s it's in lower manhattan, and two men were arrested in the scheme charged with operating the

department, and it's part of a plot to monitor and intimidate critics, and they call the accusations unfounded. they deny the stations even kp exist here, but federal officials say they were operating at the direction of the chinese officials. a chinese dissent was living in california, and this was part of a larger global network, and there are about 100 of these candescent police stations around the united states federal prosecutors unveiled separate charges yesterday against 34 separate individuals. these are officers with china's national police force here for using social media to try and harass these prodemocracy

activist, dissidents, that live here in the u.s. the doj accuses them of creating fake social media accounts to silence the critics living in the u.s. and to covertly spread propaganda here. this is an effort by the doj to crack down on the renewed effort by china to disrupt things here in the united states >> the foreign police station here in new york city. >> blocks from the fbi >> unbelievable. great seeing you thank you very much. now that congress is back at work, one of the most important issues, raising the debt limit house speaker kevin mccarthy said they will lift the debt limit in exchange for freezing the levels of last year's numbers. joining us, jay, good morning.

the u.s. is set to hit the debt limit on june 5th. is there any sense of urgency on capitol hill >> josé, a few things we don't know when the u.s. will hit the debt limit, and a lot depends on the tax receipts and how much money the government brings in on that tax day. kevin mccarthy, the speaker of the house, is trying to get a bill through his chamber filled with republican goodies. this is a bill that has all sorts of republican policies the senate will never accept he believes it will strengthen his hand in the white house with negotiating, and two dynamics to keep in play number one, will republicans be able to pass a debt increase on their own? hope springs eternal here on capitol hill and usually doesn't line up with reality, but we will have to see next week

number two, does it bring the white house or house republicans closer to a deal i will say, josé, i have been covering the debt limit and various showdowns for ten or more years, and this is as bad as i have seen it. there's no clear pathway out of this joe biden doesn't want to negotiate, and kevin mccarthy says he needs to negotiate >> the clock is ticking very rapidly, as you say. so in the meantime, california senator, dianne feinstein continues to recover from shingles and it's unclear when she will return to work. she would like somebody to replace her on the judiciary committee, but it doesn't look like republicans support that idea do democrats support that? >> democrats do, republicans don't, and therefore it won't be able to get through the chamber, and the real problem is if the shoe can be on the other foot and the republicans could need a favor from other democrats, a

lot of old people on capitol hill especially in the senate, and democrats will have to respond in kind. but it does illustrate in a sense, josé, the dynamics between the two parties, and it's usually routine to get this done, and the republicans argue that putting another democrat on there will get biden more picks. a new report says migrant children were being exploited for brutal labor as u.s. officials stood by we will talk to the pulitzer prize winning reporter that broke that story, ext. you are watching "josé diaz-balart reports" on msnbc. ♪ we'll build freelance teams with more agility. ♪ ♪ the old way of working is deader than me. ♪

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on how it says the actions of the health and human services department contributed to unaccompany children being placed into unsafe conditions and being exploited for child labor. it comes one day after the agencies were repeatedly alerted to signs of children being at risk, but those were ignored the health and human services told the times it couldn't control what happened to children after they were released and they said they passed along information about migrant child labor, their reports were not flagged as urgent and did not make clear the scope of the problem. with us is the investigative reporter for "the new york times" that broke this story i can't thank you enough for being with us. the work you are doing is so

important. >> thank you for having me >> there's so much to talk to you about with your story, the hhs and the labor department and the white house are trying to say i didn't get this red flag big enough for my face what were knows red flags? break down what you found. >> we are really talking about a crisis in my tkigrant child labi this country i found children in every state in the country that were using dangerous and exploitive jobs, jobs in meat processing and the biden administration said they had no idea about this my report something what kind of warnings were missed how is it possible these children were everywhere in the country and the administration is saying we didn't know >> what is it that someone did know, and now they are saying we didn't get the red flag in our

face enough? what are some of the things they did know >> they were told about clusters of children all across the country working overnight shifts, working in meat packing plants, and working in car part factories. these are some of the most dangerous jobs they were also given memos from lower level staffers saying we are worried about trafficking and we are worried about these kids and they may be working in chicken processing we are not talking about a low-level staffer, we are talking about the secretary of health and human services and the team run by susan rice these are warnings that have been coming in for two years >> you also met a 14-year-old from guatemala named antonio mendes tell us about him? >> antonio came to the country just after he turned 14. he was at a shelter for a month on the border. at the shelter they are supposed

to make sure they are releasing kids to people who will keep them safe and people who will provide for them instead of that happening he was released to a man that told him he had to pay off a debt >> not family? >> a stranger, somebody he had not met, somebody from his village back in guatemala, and he was basically put to work paying off the debt to this man, a man that the government authorized to be his sponsor and it was flagged, and they said i am worried about it and i think it's trafficking, but nobody followed up >> these are the cases you so diligently found of kids that are forced to work because -- to pay back what about all of the thousands, maybe, of kids that are not being put to work in construction sites and in meat packing plants, but are being

exploited and tsexually abused? is that a possibility? seems like there is no checking in >> the fact is the government at this point does not know what happened to thousands and thousands of these children. trafficking can mean a lot of things i have focused on labor exploitation, because it is tied to everything we are using, cheerios, fruit of the loom socks. we also heard about cases where there are other kinds of exploitation >> this is horrible. i can't thank you enough please stay at it and keep us informed this is such an important thing. you know, they're little kids, you know, that little boy, the 14-year-old, antonio -- >> yeah, they are very alone >> they are very alone thank you so much.

appreciate seeing you. next, an exclusive with presidential hopeful, asa hutchison. plus, it's tax day if your tax refund seems smaller than last year, if you are getting a refund, you are not alone. that's next on "josé diaz-balart reports" on msnbc. secret actually fights odor. and it's aluminum free. hours later, still fresh. secret works. ♪ what will you do? will you make something better? create something new? our dell technologies advisors can provide you with the tools and expertise you need to bring out the innovator in you. ♪ ♪ [ cat purrs ] the tools and expertise you need [ phone vibrates ] introducing astepro allergy. steroid-free allergy relief that starts working in 30 minutes, while other allergy sprays take hours. now with astepro fast allergy relief,

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45 past the hour ahead of his formal announcement in running for president, asa hutchison was joined exclusively where he said the republican party was in need of a course correction, and he was the first gop hopeful taking on donald trump directly good to see you. >> good to see you, too. there are a lot of republicans that asked the question, who will take on donald trump

directly asa hutchison said he could be their man. take a look. this man is a republican >> i might be spending as much time here as in arkansas >> taking on donald trump. >> i am running for president because we need a course direction, the republican party. >> he's a former bush administration official and recently a two-term governor of arkansas >> how will you do this? >> it will take a lot of shoe leather. we will have to go to small venues and visit people about the issues >> his first trip to the caucus state. he intends to make this campaign very different than mr. trump's. >> how are we doing? >> most of all, traveling from town to town >> i would like to have a mushroom there, and that new york strip this guy looks like a sprouts

guy to me. donald trump has taken us back to bitterness, he has taken us back to, you know, what is a personal vendetta. whenever you look at what he wants to do as president, it's more about getting even with his political enemies than leading the country, and that concerns me >> what evidence or data have you seen that suggests you can win this nomination? >> well, history whenever you look at the history of frontrunners, it's not too good >> this frontrunner, though, still in iowa this month as 80% factorability against iowa republicans. how do you make that not reality? >> you get in there and make your case. sure, i will concede that this is a challenge all right. >> ron desantis and donald trump

have really played to these ideas of cultural fights in the republican party we have seen it galvanize a primary electorate, but to what extent do you fear it alienates a part of the general electorate that you would need to win the presidency >> you have to be careful of using the same tools the left used do you want the government to tell businesses what you can and cannot speak out on? >> he was the chair of the arkansas republican party during the bill clinton years he's somebody whose governor signed a strict abortion ban, and he was at the nra convention last week. he said if you are looking for an old school conservative republican, i am your guy and i think the republican party should move on from donald trump and that's why he's putting his name formerly in the ring.

>> i don't think you were doing pwbrussels sprouts, were you >> i definitely had them if you have filed your taxes and your refund was smaller than usual, you are not alone the average was about $2,900, and that's less than last year what is behind the smaller refunds? >> it has to do with less income, but not in the way you think. 2022 saw the end of the end of the pandemic related stimulus payments and tax credits that went along with the government's response to go along with that, and that is not in play this time around. there was a big drop in things like the child tax credit, earned income tax credits and

child and dependent care credits, just to name a few. the fewer the tax credits, the less the refund. many americans used those some that sum payments and those tax refunds to spend on things, but with all the economic uncertainty out there more in the mix this year, and inflation, of course, still a problem for many consumers, it's no wonder, josé, folks are looking to pay down debt or use those for rainy day savings. up next, a rally in support of ralph yarl who was shotdoorbl we will ask why the alleged shooter is not in custody. you are watching "jose diaz-balart reports" on msmbc.

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turning to the shooting of a black teenager in kansas city. this morning, ralph is back home he went to the wrong door to pick up his siblings from a friend's house 84-year-old andrew lester is charged. happening now, his classmates are holding a rally to support their fellow schoolmate. many of them are seen here wearing blue, ralph's favorite color. joining us with more is benjamin crump who represents the family, along with attorney lee merit. it's a pleasure to see you i want to ask you, how is ralph doing this morning >> you know, jose, he answered the questions when he was on with the phone with the president, even though he was

leth lethargic. you could tell he was understanding and appreciating everything going on. he knows this is very serious. he will miss a significant amount of school time. but it's nothing short of a miracle that he is here and not dead and expected to hopefully make as full a recovery as possible >> shot twice. >> yeah. in the head point-blank range and then the shooter aimed for his chest but he had his arm out, thank god over his chest so the bullet didn't go into his chest. all of this, jose, because he was a young black man that rang the doorbell at theringing a doo doorbell walk us through what exactly happened that day.

>> he was asked by his parents to go pick up his little brothers, 11-year-old twins, from a friend's house. he was supposed to go to 10015 15th street and he went to 100 15th terrace that was the mistake he never did anything but rang the doorbell the white citizen comes to the door and shoots him in the head. if he felt in fear, he should have called 911. he should have called the police you don't come and shoot first and ask questions later. what are we doing in america where a young black person can't ring the doorbell without being profiled as a criminal >> there's so many glaring things he was outside the house

he wasn't inside the house this is three -- this person shot through the door, the glass? >> you are right, jose when they start trying to say stand your ground, it's just -- it wreaks of -- it goes back to those cases where you saw black people being shot just because the color of their skin allegedly. they justified those things back in those times thank god, after trayvon, we started saying black lives matter we believe with ralph yarl this attempted murderer is going to be held accountable despite them

attempting to sweep it under the rug initially. >> yeah. there was a lot of, i guess, lack of clarity, some would say in the initial moments, especially, on what had happened mr. crump, what are you looking for going forward? >> we're looking first for ralph to recover then we want to get justice. we want this shooter to be held fully accountable. because we cannot send a message to society that it's okay to shoot our children for ringing the doorbell while being black >> i'm wondering, mr. crump, we are seeing shootings over and over and over again in our country, almost on a daily basis. this situation in which someone mistakens ss -- it happens to m almost every day these are things that happen why?

what's happening, mr. crump? what's happening >> there are people who want to take us back versus taking us forward and try to marginalize and disenfranchise and play on the least common denominator on what makes america great we have to challenge the enemies of equality at every front if we do that, we will win this war and we will win against racism and discrimination. we can do this. >> thank you very much for being with us. i appreciate your time >> thank you, jose that wraps up the hour for me i'm jose diaz-balart thank you for the privilege of your time. right now on "andrea mitchell reports," the $1.6 billion legal showdown between fox news and dominio