our customers don't do what they do for likes or followers. their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do... it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters. benefits. payroll. compliance. trinet. people matter. ♪ ♪ hello on this monday. hope you had a wonderful weekend.

it's 10:00 eastern. i'm ana cabrera reporting from new york. breaking news this morning. first republic bank seized and sold to jpmorgan in an overnight deal. this is now the second largest bank failure in u.s. history, the third major bank to go under in less than two months. how are the markets reacting this morning? and what does it all mean for your money? is it safe? the manhunt for a suspected mass murderer continues in texas. a authorities say they have zero leads. five people are dead, including a 9-year-old boy. a community shaken to the core. we will bring you a live update on where the search goes next. we're asking ever everyone for your help so you can bring this suspect or this monster, i will call him, to justice. a weekend of absolutely wild weather. from a tornado touching down in virginia beach to the historic rise of the mississippi river, expected to crest today in

communities already under water. more breaking news. this is out of france where up to a million people are expected to take to the streets in protests today. our richard engel will join us from a demonstration happening right now in paris. let's begin with the major financial news breaking this morning. federal regulators seizing first republic bank, selling it to jpmorgan, marking the largest bank failure sings 20 ol. joining us now, brian cheung and university of michigan professor justice wolf. brian, this is the third bank to fail this year. what happened this time? >> by the way, this is now officially the second largest bank failure in u.s. history, eclipsing the silicon valley bank failure that held that title only about seven weeks ago. for what it's worth, first republic was take ever over by the federal deposit insurance

corporation. there was an announcement that jpmorgan chase will keep the doors open, coming in and buying all the assets of the bank oochs. there's essentially some workings between the government and jpmorgan chase in making this happen. treasury secretary janet yellen was involved and watching the situation as it unfolded over the weekend. again, all this was to ensure that as first republic ended the day on friday, that they could open on monday morning uninterrupted with all the deposits still available to them. those first republic branches will be opening effective today. >> professor wolf, the treasury department stressed that the, quote, banking system remains sound and resilient. for people watching at home and wondering is my money safe, what do you tell them? >> the short answer is yes. the good news for most families, if you have less than $250,000

in any bank account, if it's a real bank, your deposit is ensured by the federal government which means no matter what happens, your cash is safe. if you're one of the unlucky folks who has their money at first republic, guess what? it's already fixed, already solved. walk into any jpmorgan bank and you can withdraw your cash. it's all there. the only thing that's going to happen to the existing customers of this particular bank is the name on the front of their atm card is going to change and the name at the top of the statement is going to change, but the amount of money at the bottom of that statement, completely unchanged. more broadly, yes, there's been a couple of bank failures. they're small banks. they have a particular set of vulnerabilities, but they have a set of vulnerabilities that almost no other american banks have. i feel quite confident that the rest of the sector is in very good shape. >> that is some good news. if you look at the numbers, first republic had $229 billion

in total assets, that's more than silicone valley bank and new york signature bank. fear about instability can yield more instability. even with other banks should be safe, what can or should be done to ensure that? >> so there's a number of issues here. one is for your viewers, what should they do? if you eve got more than a quarter million dollars in the bank, you probably want to spread it around a little so you're ensured. there's a broader question, what do we think is going to happen to the economy? these numbers look eye popping, but we have to put them in context. $229 billion sounds like a lot of money, saying this is the second biggest bank failure sounds big, but let me put it another way. this is the 14th largest bank in the united states. first of all, that means there are 13 that are larger. secondly it means there are 4,000 that a smaller. this is a very small part of the entire financial system. as i said, i think they're a small pocket that really made

some big bets and some bad bets that will poorly run and also poorly supervised. the fed has already come out and said we're going to have to do a better job at taking a close look to make sure there's not future banks like this. if you look at this set of vulnerabilities, there aren't other banks that look like they're in this same set. >> blind, it's interesting to know that markets are reacting with maybe caution but not devastation. you can see it's actually a little on the positive side this morning. the federal reserve recently predicted a mild recession this year. so fears of the economy still going south remain. has this banking crisis, the banking failures we've reported on contributed to the sense of economic unease, do you think? >> ana, just in the last few hours we heard from jamie dimon, the ceo of jpmorgan which swooped in to take first republic by the reins. he was saying this part of the

banking crisis is over. if you look at what's happened with the progression of events, silicon valley bank in mid march and then first republic going down, we have to remember these were the three major banks catching all the attention. first republic had the issues it had over the past few days that ultimately led to its failure today and savior, essentially, from jpmorgan chase because of a report last week that showed they lost about 40% of the deposits since the beginning of the year. that type of deposit bleeding, people taking money out of the bank is not happening at any of the other banks large or small as justice was just talking about which underscores the unique situation that first republic was in. >> brian cheung and justin wolfers, thank you both. a manhunt for an accused mass murderer who has been on

the run for more than 48 hours. police say they have zero leads for francisco or peso who is suspected of killing nine people in their home including 59-year-old boy. police say he walked into his neighbor's house and opened fire with an ar-15 rifle. this is the latest example of seemingly innocent encounters turning violent, deadly. joining us is nbc news correspondent priscilla thom sought and frank figliuzzi former fbi assistant director for national intelligence. the fbi says there are more than 250 law enforcement officers searching for opesa, it doesn't seem they're any closer to finding him. they said zero leads.

>> reporter: i asked the fbi if they believe he is still in the area in cleveland, texas. they said they don't know, that he could be anywhere. they really don't have any idea right now. we did see them going through out the neighborhood yesterday, those officers going door-to-door talking to neighbors asking to search vehicles, search homes all in an effort to potentially find the suspect or get some sort of lead in this case. we know that over the weekend officials thought they closing in on the suspect in a wooded area about two miles from the crime scene. they had drones, dogs, officers on horseback out there searching that area, but ultimately all they found was a cell phone and clothing, and after that the dogs that were tracking the suspect lost track of him. i spoke to officials and i asked investigators specifically what is the threat in the community right now, and i want to play some of that conversation. >> is there any danger to the community right now?

>> there's always a danger when you've got a guy that's just shot five people in the head execution style. these people were running but he was evidently good enough to place rounds from the neck up. >> reporter: there is now an $80,000 reward being offered for any information about this suspect. the fbi says they do believe he may start reaching out to friends, and they're hoping that reward could lead to a tip. ana. >> thank you so much, priscilla thompson. please keep us updated on any new information you gather. frank, when you think there are zero leads, this man armed, dangerous, ready to kill perhaps given what happened, what triggered him in this moment. this manhunt has now been more than 48 hours. how concerning is that? >> when i hear law enforcement say they have zero leads, that's disturbing. it's part of a larger picture here which is that this

individual seems not to really be part of the grid. we know he ditched -- reportedly ditched his cell phone. we know tracking dogs lost him because of some of the water on the ground regarding this heavily wooded area. this is a heavily wooded part of the greater houston area. we don't know if he's being helped, whether his last phone call on that cell phone was to some colleague, associate, get me out of here, i'll meet you at x location. he literally could be almost anywhere, including potentially across the border by now. it looks like all hands on deck. marbles, homeland security, state department of public security in texas. everybody trying to find this guy before he does something horrible again. >> authorities said they thought they had the suspect within a two-mile search zone, but he may have slipped past them. are you surprised he was able to do that?

it sounds like this wasn't necessarily a planned mass murder that took place? >> this individual could have some training that we're not aware of. you heard the spokesperson reference the crime scene. the fact that someone could shoot that accurately in execution style, we don't know what his background is. there has been made a tattoo made public on his arm that sometimes is associated with very dangerous groups. don't know where that's going here. yeah, lots of questions, very few answers. what i don't like here, ana, is where the governor of texas seems to be headed with this, which is an emphasis on the victims being undocumented. he calls them illegal immigrants. some news media reporting through their own sources that even the suspect could be undocumented as well. the shift in this is disturbing because it takes the attention off finding him and takes the

attention off the gun violence problem. >> i just have to note, because you and i last talked i think three weeks ago when there was a different mass murder -- mass killing, mass shooting that that's were discussing. that's when we had 146 mass shootings here in the u.s. three weeks ago. we are now up to almost 40 more since then. it is chilling. frank figliuzzi, thank you for joining us with your expertise. when we return in just 60 seconds, a weekend of wild weather with tornadoes and driving rain. we're live along the mighty mississippi with that river expected to crest today. e. jean carroll back on the stand in her civil rape trial against donald trump. the latest legal maneuver by his team as they look to squash the case. also nbc's richard engel will join us from france whereas many as 1 million people could hit the streets for mayday

protests. a cliff-hanger straight out of hollywood. on the brink of its first writers strike in 15 years, what the drama could mean for your favorite tv shows. "ana cabrera reports" is back in just one minute. reports" is ban just one minute. (vo) with verizon, you can now get a private 5g network. so you can do more than connect your business, you can make it even smarter. now ports can know where every piece of cargo is. 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, you can get more agility and security. giving you more control of your business. we call this enterprise intelligence. from the network america relies on. a weekend of wild weather impacting millions across parts of the country bringing heavy rain to the northeast, tornadoes in the south and higher floodwaters along the banks of the mississippi river. this is out of palm beach gardens, florida, where strong winds flipped vehicles around like match box cars. multiple tornadoes reported in florida and in virginia beach where this video captures a massive cyclone gathering strength along the waterfront. the city declaring a state of emergency overnight with up to 100 homes reportedly damaged. that was virginia beach. we're also keeping a close

eye on the mississippi river, rising waters expected to crest later today at historic levels with locals now traveling down streets in boats. nbc news correspondent jesse kirsch is live from davenport, iowa, with mr on this. jesse, how dire is the situation there? >> reporter: ana, good morning. thankfully the mayor tells me things are pretty much under control, going as planned. you can hear the pump going in the background. this is dry pavement on main street. on the other side of this makeshift wall, it's become an extension of the mississippi river. you can see remarkably trains are still able to get through this area. just beyond the train is the mississippi river. we expect the waters to keep rising until around midday after a weekend of wild weather across the country. >> with some neighborhoods already submerged, this morning the mississippi river is still spilling over its banks around davenport, iowa, the floodwaters

expected to keep rising around midday, coming after severe storms spawned destructive tornadoes. a twister ripping through virginia beach overnight, damaging up to 100 homes and leaving how sands in the dark. thankfully officials say no one was hurt. in southeast florida, they're recovering from this ef-2 tornado. they say the twister touched down in palm beach with destructive winds gusting up to 130 miles per hour, homes destroyed, cars tossed over and trees ripped from the ground. >> it was loud, scary, lightning everywhere. >> reporter: communities back in the midwest cleaning up and bracing for more flooding. >> kind of speechless. my first time down here during the flood. just kind of riding it out with the neighbors showing me what to do. >> reporter: near davenport, some people are not taking the chance to walk or drive in a car to their homes even though this is a street, because of so much

flooding from the mississippi river, some people are going down this road by boat. some in the hard-hit area are ready to move. >> staying here is starting to hurt your livelihood? >> it definitely is. we've lost a lot of product this year. >> reporter: other i sass it's not enough to make them leave their homes. >> it's quiet. it's beautiful. we wouldn't change it. this is nothing for what we get. >> reporter: even after the water stops rising, it's expected to not really drop off much until tomorrow. we're still going to be looking at flooding in parts of davenport through the upcoming weekend, ana. still a long road of cleanup ahead. >> jesse kirsch, thank you. for more on all this, let's bring in nbc news meteorologist michelle grossman for us. what's next? >> great to see you. we're going to continue to watch the rain falling and we'll continue to watch the rivers flooding. many of these gauges are at major flood stage. at jesse mentioned, that's through the weekend.

we'll watch that very closely. also watching that powerful storm system that brought the severe weather to portions of virginia beach, also florida. good news is we're not looking at severe weather but flooding rains in some spots. this is what it looks like, 4 million at risk for flood alert. that's in the green, flash flood warning. that means flash flooding is happening right now. that's what we're particularly concerned about. that will be the story over the next several days. this is why. we have an area of low pressure spinning, moving very, very slowly, spinning over the same areas. back to the back side of the storm system, we'ring looking at wet, heavy snow. we're looking at up to 2 feet of snow in some portions of the u.p. of michigan, it's may 1st and still dealing with feet of snow. the white is the heaviest snow falling. winds howling up to 45 miles per hour. really tough travel there. the green here, that's the rain, the blighter colors are the

reds, the oranges, the yell lows. we could see an another 2-3 inches. up next on "ana cabrera reports," mayday protests sweeping the streets of france. how travel and tourism could turn into collateral. sirens ringing out across ukraine as folks woke up to a new wave of russian missile attacks. we're near the front lines where we may have gotten a preview of ukraine's spring counteroffensive. f ukraine's spring counteroffensive introducing astepro allergy. now available without a prescription. astepro is the first and only 24-hour steroid-free spray. while flonase takes hours, astepro starts working in 30 minutes. so you can [ spray, spray ] astepro and go. so it's decided, we'll park 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. want your clothes to smell freshly washed all day without heavy perfumes? try downy light in-wash freshness boosters. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. downy light! (bridget) with thyroid eye disease i hid from the camera. finally, a light scent that lasts all day. and i wanted to hide from the world. for years, i thought my t.e.d. was beyond help...

but then i asked my doctor about tepezza. (vo) tepezza is the only medicine that treats t.e.d. at the source not just the symptoms. in a clinical study more than 8 out of 10 patients taking tepezza had less eye bulging. tepezza is an infusion. patients taking tepezza may have infusion reactions. tell your doctor right away if you experience high blood pressure, fast heartbeat, shortness of breath or muscle pain. before getting tepezza, tell your doctor if you have diabetes, ibd, or are pregnant, or planning to become pregnant. tepezza may raise blood sugar even if you don't have diabetes and may worsen ibd such as crohn's disease or ulcerative colitis. now, i'm ready to be seen again. visit mytepezza.com to find a ted eye specialist and to see bridget's before and after photos. this week is your chance to try any subway footlong for free. like the subway series menu. just buy any footlong in the app, and get one free. everyone loves free stuff chuck.

can we get peyton a footlong? get it before it's gone. on the subway app.

news out of france where mass labor troefts are under way on this mayday. more than a million people expected to take the streets in that country where the demonstrations are being fueled by continued unrest. these are live pictures right now. a lot of smoke in the air. so the situation developing there. they're upset about raising the retirement age from 62 to 64. france is expected to be one of the biggest protests today. we're also seeing demonstrations around the world. nbc news chief correspondent richard engel joining us on the streets of paris. we're seeing things burning behind you, richard. fill us in. >> reporter: so we are in central paris, and

demonstrators, it's hard to know how many, but it looks like more than 100,000, perhaps many more than that, have come out onto the streets. this is all about pension reforms. this is about changing the retirement age from 62 to 64. about two weeks ago a new law was passed. people here say the new law was forced through by president emmanuel macron. it was approved by a court here, the equivalent of the supreme court. so now it is law, but this new pension reform here, the new retirement age, 64 years old, has yet to be implemented. so people across the country are coming out. they're trying to bring this country to a standstill because they do not want this law to be implemented. they are out on the streets, not just that. they're having strikes. they have not been collecting the garbage. air traffic controllers are on strike which has disrupted flights at many airports. also somement flights that are

not departing from french airports are canceled because the air traffic controllers, not all of them anyway, are at their jobs. people here say it's not just about the two extra years that they will have to work. they say it is more about french culture, that the traditional worklife balance that has become enshrined in french society here is at risk, is being chipped away and that is why they're out on the streets. although 64 is still low even in europe and considerably lower than the united states, which is 67. it is not just actions like these that they are taking where they're out on the streets, they're blocking traffic, obviously. there have been some smashed wherein doughs along the routes. there have been incidents where police have been firing teargas. they also plan to keep this up

until the fall or beyond the fall, because this law is expected to be implemented in the fall when president macron is due to make an announcement in july about when the new law will come into effect. they also are planning to cut off the electricity, the main yuchb june here that controls the power wants to cut off electricity to the french open to the cannes film festival, and they want to block construction at the olympic sites before the 2024 summer games. >> richard, we're hearing a popping noise behind you. do you know what that is? >> reporter: yes. these are generally flash grenades. more like a big fire work. they're not dangerous. they attract a lot of attention. that's what they're trying to do here. people have been banging pots, exploding fireworks, exploding

these loud flash bang grenades to call attention to this movement. it's not just here, not just today when president macron has gone to events. he's often followed by people making noise, banging pots and pans, trying to drown him out. president macron has been offering some concessions, slowly rolling them out in an effort to stop this movement in order to try and get people to go along with the program. so far it has not been working. what the government says, the reason it is changing the retirement, adding two more years is because it says it can simply not afford it because the population is getting older, so more people require social services, more people are drawing on the pension system and they are simply not having as many children as they used to when these social reforms were set up after world war ii. >> richard engel, thank you so much for that reporting. we'll continue to monitor these

live images. both cameras in front of you are live right now. there's a lot of developments on the ground in paris with these protests escalating. we'll keep an eye on that. we're following breaking news out of ukraine where we saw a new wave of russian attacks targeting major cities. this video shows ukraine forces using tracer ammunition to shoot down 15 of 18 cruise missiles we're told. the missiles that did land were devastating in the east, destroying homes, injuring at least 34 people. this is the second major air strikes from russia in three days as ukraine prepares to launch its spring counteroffensive. nbc's ellison barber is live in kyiv. you've moved closer to the front lives since we talked. what are you seeing? >> reporter: most of the country woke up to the sound of air raid sirens overnight. this region included.

russia's ministry of defense is saying they launched a group missile strike targeting ukrainian military facilities producing ammunition, weapons and equipment. they claim, and this is their quote, all assigned objects were struck. but in the city here the regional governor says 34 civilians were injured after a missile landed in a residential area, among the injured, five children. weekend there was a massive fire at an oil depot in russian-occupied crimea. ukraine says they were behind it. they often don't take credit for any attacks that happen in crimea or those russian occupied areas that they've had since 2014. in this case they are saying they were behind this attack. a spokesperson for the southern command says ukrainian forces carried out the strike in preparation for the counteroffensive. at the same time, ukraine's human rights commissioner is now telling people in four regions partially occupied by russian

forces to accept a russian passport. they say they know this is happening under physical pressure, so they are telling people in lieu hansing, donetsk, zaporizhzhia and kherson to accept a pass poured and make a decision to survive. on friday russian president vladimir putin signed a decree laying out a pathway to russian citizenship for people in those areas. if the citizenship process is not started by july 1st, according to that decree, people could be arrested, their property could be seized because they would be considered a foreigner. human rights groups say this is part of russia's effort to forcibly deport ukrainians. they're telling people in those forces to wait until ukrainian forces liberate that area. >> ellison barber in kharkiv, ukraine. stay safe, you and your whole team. to the ongoing conflict in sudan where this morning the

warring sides appear ready to negotiate. united nations top official in that country tells the associated press that the warring generals have agreed to send representatives for talks on establishing a cease-fire. it comes after the united states conducted its first evacuation of hundreds of american civilians from sudan over the weekend aided by armed drones and a navy vessel. about 530 people have been killed including two american citizens since fighting began last month according to the sudanese health ministry. next on "ana cabrera reports," the new bid this morning by donald trump's legal team to up end the civil rape trial brought by e. jean carroll. with age a possible albatross in president biden's campaign, he's taking it head on. >> they say i'm ancient. i say i'm wise. they say i'm over the hill. don lemon would say that's a man

in his prime. n would say that'sn in his prime keep being you... and ask your healthcare provider about the number one prescribed h-i-v treatment, biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in many people whether you're 18 or 80. with one small pill, biktarvy fights h-i-v to help you get to undetectable—and stay there whether you're just starting or replacing your current treatment. research shows that taking h-i-v treatment as prescribed and getting to and staying undetectable prevents transmitting h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your healthcare provider about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b do not stop taking biktarvy without talking to your healthcare provider. common side effects were diarrhea, nausea, and headache. no matter where life takes you, biktarvy can go with you. talk to your healthcare provider today.

♪ ♪ [ cat purrs ] biktarvy can go with you. [ 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, [ spray, spray ] you can astepro and go. you founded your kayak company because you love the ocean- not spreadsheets. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... ...is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone.

and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which may be permanent. high blood sugar, which can lead to coma or death, weight gain, and high cholesterol may occur. movement dysfunction and restlessness are common side effects. stomach and sleep issues, dizziness, increased appetite, and fatigue are also common. side effects may not appear for several weeks. i didn't have to change my treatment. i just gave it a lift. ask about vraylar and learn how abbvie could help you save. asking the right question ask about vraylar and learn how abbvie can greatly impact your future. - are, are you qualified to do this? - what? - especially when it comes to your finances. - are you a certified financial planner™? - i'm a cfp® professional. - cfp® professionals are committed to acting in your best interest. that's why it's gotta be a cfp®. as someone living with type 2 diabetes, i want to keep it real

and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death. learn more at getrealaboutdiabetes.com our customers don't do what they do for likes or followers. their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do... it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters. benefits. payroll. compliance. trinet. people matter.

court is back in session in new york in the civil rape and defamation trial against donald trump. just hours before court reconvened attorneys for the former president filed a 234u request for a mistrial zeroing in on the judge and making accusations of, quote, pervasive unfair and prejudicial rulings by the court in this case. this as e. jean carroll is back on the stand for a third day of

testimony. nbc's ron allen is outside the courthouse. here in the studio is nbc's legal annually danny cevallos. tell us exactly what tacopina is claiming and what we'll expect in court. >> reporter: he's claiming the judge has been biased for e. jean carroll. he raises a number of issues where the judge ruled he couldn't go further or sustained objections basically trying to say that the judge is favoring here and not allowing him to do what he wants to do. not a big surprise the judge denied this motion the minute court began this morning, essentially donald trump's attorneys were asking the judge to be very critical of himself. that's very unlikely to ever happen in a court. i think many legal observers will tell you this is perhaps setting up a basis for appeal if

the case gets that far. so cross examination has continued this morning. mr. tacopina indicated he was about halfway through when court concluded on thursday, the last day. so we're expecting this to go on for several hours more today, and then redirect. so she will probably spend her third full day on the witness stand going back and forth. the questioning now is about her journal entries about facebook posts she's made, about aspects of her column. early on in the questioning tacopina tried to establish that she has returned to bergdorf goodman, the store where this alleged incident happened on a number of occasions, as many as 23 different occasions in the years since the alleged incident happened, trying to show the jury she would do something like that, again, trying to find inconsistencies in her story about what happened and the central theme being that what she is saying is simply

unbelievable. >> ron allen, thank you for the update. danny, what do you make of this new defense motion today? i'm going to quote what they said. pervasive unfair and prejudicial rulings by the court. that's why they want a mistrial declared. what do you make of it? >> it was never going to be granted. the defense knew it was never going to be granted. of course, the judge denied it. the reason i say the judge knew it wasn't going to be granted is they knew a mistrial is not going to happen in a case like this. this motion served a different purpose. actually it served several purposes. number one, it's kind of a press release about the woes and complaints and the way the judge is treating the defense in this case. it also serves to say to the judge -- and this might work. you say in sports, if a referee makes a bad call, sometimes we think subconsciously, and you're an athlete, that the ref maybe will change some calls and even things out in favor of both sides. maybe it has that effect.

maybe not. most importantly, this motion serves to save the record in case of an appeal. if this case goes for the plaintiff and it goes up on appeal, these issues are preserved. defense never expected the judge to grant it. they were basically complaining to the trial judge about the trial judge. those are motions that are not likely to succeed. but, if nothing else, they've memorialized their complaints and an appellate court can look at it. >> my initial thought was, how often does blaming the judge in your casework in your favor. >> never. >> it sounds like it may moving forward in the appellate process. this comes as we expect carroll back on the stand today, after the very charged testimony last time where we saw joe taopina questioning here, why didn't she scream if this happened. she was forced to respond. she got emotional. he's taken a lot of criticism, the defense lawyers have taken

criticism for that kind of tactic. do you expect a different tone today in the cross examination? >> no. this is joe tacopina. this is what made him successful. it's his style. he's confrontational. it's probably why trump likes him so much and has him as his attorney, not just in this case, but the new york criminal case. on the one hand, a defense attorney has to explore the credibility of a witness. it is really difficult in any kind of sexual assault case. you have to explore things like motive, whether or not it's fabricated, the ability to remember what happened accurately decades ago, these are all fair game. but you have to do it very carefully in a civil manner or else it could come off really badly with the jury. tacopina is taking a chance he can paint this plaintiff as a liar. it might work. we have no idea until the verdict comes out. it is a risky move to take her on like that. >> we'll see what happens today. danny cevallos, thank you.

up next, the electoral elephant in the room for republicans. the one issue top gop officials now acknowledge could pose political trouble in 2024. plus, down-to-the-wire drama straight out of a hollywood writers' room. time is running out to stop a strike and prevent some of your tv shows from going dark. e of y tv shows from going dark (vo) with verizon, you can now get a private 5g network. so you can do more than connect your business, you can make it even smarter. now ports can know where every piece of cargo is. 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, you can get more agility and security. giving you more control of your business. we call this enterprise intelligence. from the network america relies on. (man) what if my type 2 diabetes takes over? (woman) what if all i do isn't enough? or what if i can do diabetes differently? (avo) now you can with once-weekly mounjaro. mounjaro helps your body regulate blood sugar, and mounjaro can help decrease how much food you eat. 3 out of 4 people reached an a1c of less than 7%. plus people taking mounjaro lost up to 25 pounds. mounjaro is not for people with type 1 diabetes or children. don't take mounjaro, if you're allergic to it, you or your family have medullary thyroid cancer,

or multiple endocrine neoplasia syndrome type 2. stop mounjaro, and call your doctor right away, if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, vision changes, or diabetic retinopathy. serious side effects may include pancreatitis and gallbladder problems. taking mounjaro with sulfonylurea or insulin raises low blood sugar risk. tell your doctor if you're nursing, pregnant, or plan to be. side effects include nausea, vomiting, and diarrhea which can cause dehydration and may worsen kidney problems. (woman) i can do diabetes differently with mounjaro. (avo) ask your doctor about once-weekly mounjaro. this week is your chance to try any subway footlong for free. like the subway series menu. just buy any footlong in the app, and get one free. everyone loves free stuff chuck. can we get peyton a footlong? get it before it's gone. on the subway app. (janet) so much space!... get it before it's gone. that open kitchen! (tanya) oooh definitely the one! (ethan) but how can you sell your house when we're stuck on a space station for months???!!! (brian) no guys, opendoor gives you the flexibility to sell

and buy on your timeline. (janet) nice! (intercom) flightdeck, see you at the house warming. from prom dresses to workouts and new adventures you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past they may be missing vaccination for meningitis b. although uncommon, up to 1 in 5 survivors of meningitis will have long term consequences. now as you're thinking about all the vaccines your teen might need make sure you ask your doctor if your teen is missing meningitis b vaccination. republican nikki haley is

doubling down on attacks over president joe biden's age. in a few knocks op-ed today she writes millions of americans watch president biden and believe he exhibits cognitive decline. that's a quote from haley. it was days ago haley said president biden is likely to die in office if he is re-elected, a comment to which the white house fired back. meanwhile president biden turned that criticism into humor in remarks at the annual white house correspondents dinner. >> after all, i believe in the first amendment. not just because my good friend jimmy madison wrote it. i get that age is a completely reasonable issue. it's on everybody's mind. by everyone i mean "the new york times." call me old. i call it peak season. you say i'm ancient. i say i'm wise.

you say i'm over the hill. don lemon would say that's a man in his prime. >> i guess if you can't beat 'em, join 'em. let's talk more about this with michael steele, msnbc political analyst. alencia johnson, former senior adviser to biden's 2020 campaign. it's great to have you guys here. alencia, these comments were part of a spring of jokes. that said, could this be the best way for biden to attack the age issue, using humor? >> let's be honest, earlier in the year president biden said it's a legitimate question. he wanted people to have the conversation. his counter to that was watch me work. yes, he had some humor, a lot of great jokes on saturday night. let's think about his week last week when me announced he was running for re-election. he also had a historic state vis wit a leader of the south korean government. he actually is showing people

that, yes, while he might be older, there are things he's doing that shows he is fit for the job, that he's a leader that the american people should have faith and confidence in. the other thing he did say on saturday night which a lot of us democrats are talking about, nobody wants to talk about former president trump's age. i think you'll see him continue to talk about that issue. >> so that point, michael, could republicans stray too far down this road? it's not like there are that many years between president biden and former president trump, yet they keep bringing up biden's age? >> yes. particularly that at a certain point you're telling your base voters you're not just not even competent to participate 234 a democracy anymore. the politics of the moment. i think biden has handled this

expertly. he's done it with humor and he's done it with the show-me stuff. this is what i'm doing. see if you can catch up. donald trump is wailing from behind the podium and dealing with legal issues, not showing the kind of leadership that biden is showing. there's some contrast -- comparisons and contrasts there that the biden team can put up. people do forget -- again, it's part of how republicans frame the narrative, that donald trump is just four years behind him and obese by most medical standards, out of shape, and we've got the same images of that president sort of having a hard time walking down a plank,n a plank. so you know, look, you want to play the game, play it carefully because there's enough evidence out there about trump to show that age hasn't been kind to him either. >> if biden's age is the vulnerable issue for democrats,

abortion may be the vulnerable issue for republicans. just ask the rnc chairwoman, take a listen. >> independence did not break our way, which has to happen if we're going to win in 2024, which usually that's what causes that red wave, and abortion was a big issue. so the guidance we're going to give to our candidates is you have to address this head on. the democrats spent 360 million on this, and many of our candidates across the board refuse to talk about it. >> michael, if the chairwoman of the rnc is saying this on a fox news show, how big of a problem is abortion for republican candidates? >> it's a huge problem. it's a huge problem because they basically lied to the american people, and then they got to clean it up. for years they claimed this was a matter left to the states and when the supreme court said, okay, here, states, it's yours, deal with it, the republicans took the strategy to nationalize the narrative. so now they're looking and talking about and proposing national bans.

irrespective of what they're doing at the state level, criminalizing women's wombs, criminalizing those who assist women who are for health reasons need an abortion, et cetera, so yeah, they're going to have to lean into this conversation now whether they want to or not, and independent voters will not stand with them as long as they hold that -- the narrative the way they're holding it on this issue. >> alencia, quickly, if you will, how much should democrats focus on the abortion issue versus, say, the economy? >> well, for democrats it's actually not a versus issue. it's actually an economic issue. the right to control when and how and where you will have a child is an economic issue for families. look, i spent six years building coalitions at planned parenthood after i worked on president obama's campaign, and it is very clear on the ground that not just democrats but independents and moderates think that the republican party position is entirely extreme. and so i welcome republicans to

be on the record with their extreme positions. you know, as we saw in 2022, this dehydrated red wave that came because people were against a dobbs decision and it can only be a losing strategy for the gop in 2024 and it will help democrats with our message tieing abortion access to the economic framework, which is a very real reality for women and people of color and young people in this country. so both of those issues can hold true in this coming election. >> alencia johnson and michael steele, i really appreciate both your perspectives. thanks for being here. up next on ana cabrera reports, shutting down tinseltown, with less than 24 hours left to make a deal, could hollywood writers be heading for the picket line?

you've evolved. you've changed. so have we. that's why new dove body wash now has 24-hour renewing micro moisture for continuous care. new dove body wash. change is beautiful. ♪ the thought of getting screened ♪ ♪ for colon cancer made me queasy. ♪ ♪ but now i've found a way that's right for me. ♪ ♪ feels more easy. ♪ ♪ my doc and i agreed. ♪ ♪ i pick the time. ♪ ♪ today's a good day. ♪ ♪ i screened with cologuard and did it my way! ♪ cologuard is a one-of-a kind way to screen for colon cancer that's effective and non-invasive. it's for people 45 plus at average risk, not high risk. false positive and negative results may occur. ask your provider for cologuard. ♪ i did it my way! ♪

why give your family just ordinary eggs when they can enjoy the best? eggland's best. the only eggs with more fresh and delicious taste. plus, superior nutrition. because the way we care is anything but ordinary. ♪♪ at t-mobile, your business will save over $1000. what are you going to do with it? i could use a new sign. with t-mobile for business, save more than $1000 versus verizon. and with our price lock guarantee, we'll never raise your rate plan. ever. (smelling) ew. gotta get rid of this. ♪tell me why♪ because it stinks. ♪have you tried downy rinse and refresh♪ it helps remove odors 3x better than detergent alone. it worked guys! ♪yeahhhh♪ downy rinse and refresh. this week is your chance to try any subway footlong for free. like the subway series menu. just buy any footlong in the app, and get one free. everyone loves free stuff chuck. can we get peyton a footlong? get it before it's gone. on the subway app.

ethnicity inheritance. nigerian east central from you. benin. my dad's side. 30% japanese. thank you, mom. there's just still so much to discover. now on sale for mother's day. when i was his age, we had to be inside to watch live sports. but with xfinity, we get the fastest mobile service and can stream down the street or around the block! hey, can you be less sister, more car? all right, let's get this over with. switch to xfinity mobile and get the best price for 2 lines of unlimited. just $30 a line per month. i should get paid more for this. you get paid when you win. from xfinity. home of the 10g network. and this is ready to go online. any questions? -yeah, i got one. how about the best network imaginable? let's invent that. that's what we do here. quick survey. who wants the internet to work, pretty much everywhere. and it needs to smooth, like super, super, super, super smooth. hey, should you be drinking that? -it's decaf.

because we're busy women. we don't have time for lag or buffering. who doesn't want internet that helps a.i. do your homework even faster. come again. -sorry, what was that? introducing the next generation 10g network only from xfinity. the future starts now. all right, mario has hit a new milestone. the super mario brothers movie is officially the first billion dollar film of the year, making it the highest grosser ever for a film based on a video game. and now to potential trouble looming dramatically over tinseltown, an impending writer strike is threatening to shut down the tv and movie industry, unless writers and studios can reach a new deal before midnight tonight. nbc's miguel almaguer is following the developments from los angeles. miguel. >> with less than 24 hours to make a deal and a strike already authorized, we could be on the

brink of a massive writer strike for the first time in 15 years as the writers guild of america and major studios work to avoid turning tinseltown dark. >> action! >> with just hours left to reach a deal, tv and movie sets across the country may be forced to call cut as members of the writers guild of america threaten to go on strike. >> it is going to have a massive ripple effect that you could borderline call a tsunami effect among the rest of hollywood. >> reporter: if a deal is not reached by tonight at midnight, some of your favorite programs, including late night talk shows will go dark, even the fate of "saturday night live" is on the line. this week's host snl alum pete davidson unsure if the show will go on. >> i've been working on this for like two, three months, they're like, yeah, well, we'll know monday if it's happening or not. >> reporter: the looming hollywood shutdown comes after weeks of unsuccessful contract negotiations between the wga and the alliance, which represents

more than 350 production companies. >> we want more money. we want enough money to make a basic living doing what we love . >> reporter: in a statement the alliance of motion picture and television producers say its priority is the long-term health and stability of the industry, adding it is fully committed to reaching a mutually beneficial deal. >> i think the only thing that is certain going into these last 24 hours is that neither side wants a strike. >> reporter: but without an agreement, writers are ready to drop their pens and pick up picket signs for the first time since 2008. >> no contract, no show! >> reporter: back then that 100-day strike forced hit shows like "scrubs" and "the office" to cut their season short costing hollywood billions, while the full impact of this impending strike will depend on how long negotiations stall, it could force some network and streaming shows to delay the

start of their seasons. to avoid leaving fans hanging, both sides need to act fast to write up a deal with a hollywood ending. there is still hope a deal can be reached tonight. the writers guild has a history of working right up until the midnight deadline to reach a deal. we're also told neither party wants a strike to happen because it would be devastating for both writers and the studios, which are still trying to bounce back from the pandemic. back to you. >> nbc's miguel almaguer, thank you. and thank you at home for joining us. see you back here tomorrow, same time, same place. until then, reporting from new york, i'm ana cabrera. josé diaz-balart picking up our coverage right now. and good morning, it's 11:00 a.m. eastern, 8:00 a.m. pacific, i'm josé diaz-balart and breaking this morning, a historic collapse. first republic becomes the second largest u.s. bank failure ever with jpmorgan chase stepping in to purchase all of its assets. what