where jordan neely lost his life. neely's attorneys putting out a statement in response to that marine veteran's own statement saying he never intended harm. i want you to listen to a quick part. they said it was a character assassination and a clear example of why he believed he was entitled to take jordan's life. in short, his actions on the train and now his words show why he needs to be in prison. andrea, we know this case is likely to be presented to a grand jury here in manhattan, but how soon that timeline moves forward remains to be seen. andrea. >> this has certainly put a focus on the failure of the city to deal with the homeless problem and the mental health issues as well. thank you. that does it for this issue of "andrea mitchell reports." follow us online, on facebook and at which time. "chris jansing reports" with yasmin vossoughian starts right now.

is. welcome to you. i'm yasmin vossoughian in for christian sing live at msnbc headquarters. today authorities in a pair of texas towns are grappling with a ton of unanswered questions as they investigate the deaths of 16 people, half guild in a hail of gunfire in the city of allen, the other half killed when a vehicle drove into a crowd in brownsville. we got an update on the second incident near the border. we'll bring you that in just a moment. meanwhile, the attack at a mall in a dallas suburb underscoring this chilling reality, that we're seeing more americans every single day who have had to live through a mass shooting. in a minute i'll speak to one man whose decision to go shopping on a saturday afternoon nearly cost him his life. with a potentially historic default looming 3 1/2 weeks ag way, the president and kevin mccarthy brace for a meeting at the white house. what is the president's new plan to pressure republicans into cutting a deal?

we'll get into that. we'll begin with the latest in brownsville, texas, police charging the 30-year-old suspect with eight counts of manslaughter after plowing his range rover through a bus station. this is how the chief of police described the incident a couple hours ago. >> through the investigation it was found that the suv ran a red light, lost control, flipped on its side and struck a total of 18 individuals. >> 18 individuals. he went on to say they do not yet know whether this deadly crash was intentional or not. this is all coming as there is urgent concern over the end of title 42 on thursday and what it will mean for border towns like brownsville. nbc's gabe gutierrez is in brownsville. also with us, nbc legal analyst joyce vance.

gabe, bring us up to date with what's going on on the ground, particularly given what we're hearing about the lack of cooperation from the suspect. >> reporter: several new pieces of information we learned from the news conference. that suspect charged with eight counts of manslaughter. his name is george alvarez. authorities saying he had an extensive criminal record. they have not ruled out whether or not this crash was intentional. that's something that they're looking at right now. authorities did say, however, that the suspect ran a red light -- actually the red light that's just behind me, and that he lost control of his vehicle, an suv, and it slammed into that group of migrants, all men waiting at this bus stop. again, eight people killed, ten others injured. the mayor saying some of them remain in critical condition. right after the crash, authorities describe the scene of what happened. take a listen. >> the investigation also revealed that the driver of the vehicle later identified as george alvarez, november 9th,

1988, had attempted to flee the scene after impact but was held down by several individuals on scene. >> reporter: yasmin, we spoke with several migrants at this shelter just this morning. one said he was an eyewitness who was here and saw what happened. he said the suspect appeared drunk and that he also yelled some anti-immigrant slurs as he was trying to flee the scene. authorities have not substantiated that, but that is part of their investigation. meanwhile, yasmin, the community is stunned. you see the makeshift memorial behind me. a short time ago there was a prayer vigil that wrapped up. eight people killed, ten others injured and this community in shock. >> once again, another shocking scene we're seeing take place, joyce, in texas. talk me through, if you will, first, the decision to charge the suspect with manslaughter, what that means for this on going investigation, specifically how it pertains to

texas law. >> sure. so this is a placeholder sort of indictment, a way of holding the defendant while law enforcement gets their arms around what happened here. when you're looking at a situation where people are killed, there's a distinction in the law between a murder which is typically when you kill someone with the intent to kill or such a depraved heart that it's tantamount to intent, as opposed to manslaughter which is a situation where someone is grossly negligent or where someone acts in such a fashion that a normal person, a reasonable man, would have understood that it would be likely to result in a death. that's the manslaughter charge that we see here under texas law where voluntary intoxication is not a defense to a crime. but that doesn't mean that this sort of charging decision will remain in place. it could easily be elevated to murder if the evidence bears that out. >> as we look at the two cases

that are unfolding, the two investigations unfolding in texas, happening in allen as well as brownsville. in allen, texas, the suspect is no longer alive, so cannot answer the questions investigators have when it comes to motive. in this situation he is, although he's not cooperating as we're learning from investigators there. what does that mean for how this investigation plays out? >> sure. so you know, motive is not an element prosecutors have to prove for most criminal charges. you don't have to show why somebody wanted to kill people, you only have to show the intent to kill. one of the rare exceptions is hate crimes prosecutions under federal law where motive does come into play. that's one of the reasons that investigators will be looking for motive. but beyond that, law enforcement has a different function than charging people. part of that function is finding out the truth, learning what happened so communities can

begin to receive closure after a violent event like that. it will be very helpful for this community if a motive can be disclosed. was this just someone who was drunk and reckless or someone who for whatever reason had real hatred in his heart when he killed these people. >> and closure for americans across the country in watching these things take place over and over again. how does, if at all, the fact that the people that have lost their lives were migrants, how does that play into this situation, joyce? >> it doesn't play in it at all, for anyone that has an ounce of humanity in them. i've always pushed back against the use of the term illegal alien, because no person is illegal. when you stop and think about it, people might have tragic circumstances that force them to become migrants. that doesn't mean they're any less legitimate as human beings than the rest of us are. that's not a political issue,

not a democrat or republican issue. that's a fundamental value and one we would do well to gain sight of. >> well said, joyce vance. gabe, thank you as well. roughly 550 miles north in allen, texas, local law enforcement and the fbi as well are digging into a possible motive for saturday's shooting, investigating whether it was motivated by racial or ethnic hatred. eight people killed there, seven still hospitalized, including three in critical conditions. volunteers laying crosses outside the mall. a 33-year-old was shot by a lone police officer who was at the mall on an unrelated assignment. nbc's priscilla thompson has more. priscilla, i know we're learning the names of some of the

victims, the people that lost their lives in the latest mass shooting in this country. >> reporter: yeah, yasmin, we are learning the names of those eight victims. as you mentioned, people have been coming here to honor them, also coming here for prayer. there are people on hand to pray with them. there have been comfort dogs. so looking to provide support in this community as we begin to learn the names of those victims. we know one of them is 20-year-old christian lacour. his grandmother confirming he was a security guard here at the mall and is among the victims. she described him as a beautiful soul and said she is so proud of him. he had big dreams for his future and this loss has been truly unbearable for his family. we learned the name of a second victim, aishwarya thatikonda. that was confirmed by a non-profit group working with her family in india to try to get her remains sent back there. we know she was an engineer here. those are two among the eight who were killed. but we're also hearing from

survivors who are returning today to pick up their cars. we spoke to one woman in spanish who said she was standing right next to the shooter whenever he got out of his car and opened fire and he shouted hey, and everybody looked over, and he immediately just fired at all of these people walking along the sidewalk. these are the types of harrowing accounts that we hear. we spoke to a mother-daughter due toe who sheltered here. i want to play a little bit of how they described the trauma they're dealing with right now. >> all of a sudden, told us we have to get in the back room, we have to get in the back room. we got in the back room and we heard all these shots started, and she had just been out there. if she hadn't have come in the store -- you know, innocent people lose their lives on account of -- >> one person with a gun. >> reporter: you saw the tears there, even in the aftermath. people still trying to process

what they have experienced. this comes as we are learning more about that lone shooter identified as a 33-year-old male. investigators say they are investigating this as something that may have been racially motivated by violent extremism, saying they're combing through hundreds of social media posts that have neo-nazi, white spremmist rhetoric. the suspect was found with a patch on his chest related to right wing extremism. a lot of questions here about why this shooter chose to do this and how he obtained throws weapons. yasmin. >> priscilla thompson for us in allen, texas, thank you. straight ahead, everybody, i'm going to speak with someone who was shopping in that mall when the shooting started, an eyewitness account in just 60 seconds. seconds.

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welcome back, everybody. people who fled saturday's mass shooting at a mall near dallas are being allowed back to the scene to pick up their cars. the mall itself is still closed as authorities and the hundreds of people there when the shots rang out try to process what happened. fontaine peyton is one of them. he joins me now on the phone. fontaine, i know you're having a tough go right now. so i'm really thankful that you took the time to talk to us. how are you doing? >> i'm okay. i've been better. i'm blessed and thankful, so i really can't complain. >> what is it like now reliving what took place at that mall on saturday? what goes through your mind? >> a lot of different thoughts of what happened, what could have happened, what didn't

happen. last night, even just trying to sleep, not really being able to sleep. you're constantly reliving everything, every thought, every decision that you could have made that could have ended up in a tragedy. just thinking about when i left the dressing room -- i left the dressing room. i tried on a shirt, tried it on twice. had i only tried that shirt on one time, i probably would have been walking out of the store once everything happened. going tlup those thoughts is kind of mind-blowing. >> what was it like, fontayne, when you first heard those shots ring out? what did you think was happening? >> i came out of the dressing room. i had my headphones on, but didn't have music playing. you heard a thump, thump, thump. i seen everyone in the store

froze. one person was thinking maybe it could have been construction. and then you start hearing it again. it sounded like it was getting closer and closer. at that moment, you kind of really don't know what to do and you have that -- it's kind of like that fight-or-flight moment. everyone just starts scattering around and running. you have the employees, which i really wanted to take the opportunity to thank each and every one of the h&m employees because during that initial moment when it was so unknown and uncertain as to what was going on, they were able to get everyone in that store in a safe place as best as they can. so you can only be thankful for them. it was so much going on, trying to figure out where to get it to. at first they were trying to get us in the fitting rooms. then they tried to get us into -- it seemed like an exit

door. then when the door opened, you hear shots out there as well. and eventually getting us into like a storage room. >> you didn't know where the shots were coming from. you all were afraid that maybe the shooter was coming towards you? >> that's what it sounded like. the shots seemed like they kept getting closer and closer. but then looking at the aftermath, you see that the store actually was shot. i believe it was two individuals that -- some people from the store and one of the employees had brought in had got shot as well. it was just so close. you kind of really didn't know what was going on at that moment. >> how long did you hunker down in the back of the store until you guys were able to make it out? >> we were in the store for about an hour. at that moment it felt like forever because you didn't know what was going on still at that moment. a lot of people was trying to

google things and trying to figure out what is going on. you have an h&m employee on the phone with someone, i don't know who. you have a couple of people in the room, some teenager women who were his stairicly crying. i'm trying to figure out what's going on, calling people from the outside. then you finally have the police come through about an hour later. they come and search the room and identify themselves. at first everyone was terrified, scared, because they don't know if it's the actual police or someone impersonating as the police. but when it's determined it was police, they come and search the room, ask if everyone is okay, does anyone have a gun. and then they leave and they tell us they'll get us out of there shortly. they come back like ten minutes later, and that's when the realization hit of the severity

of what we have now. just walking out of that storage room. you see sandaled right outside the door on the ground and i feel like it was a green shirt or dress with a puddle of blood, blood trails all the way out the door because we have to walk out with our hands up. then it's really -- it's really fitting in of what just happened. you're kind of terrified and scared. then you walk outside and you have to go left, because they directed us to go left. you keep following all these people left. that's when you see the glass of the window busted, blood everywhere. i was on the phone with my girlfriend. i remember because we had to walk past this bush and you see these white sheets and bodies.

i was just like -- you don't -- you can't prepare yourself to see something like that because it's not normal. i just remember telling my girlfriend, i hope there isn't any kids. but it appeared to be a kid that i just saw. it hurt me so bad. you keep walking, and then in front of the express store on the ground, you see a black clip, empty clip with some type of sticker on the clip, kind of like a transformer face or something. then you keep walking around this other corner and you see this car shot up stopped at the stop sign, a gray car. and you keep going down towards starbucks. then you ski a dead body on the

curb on the sidewalk. i automatically got frustrated, got mad because i felt that was the shooter because his body wasn't covered. you see him dressed in all black with with a gunshot to his head laid on his back. everyone can see it, kids and everyone. it's a thought i just keep revisioning, keep going through. >> i'm so sorry for what you've been through, fontayne. i can't imagine the thoughts going through your mind, every minute of every day, and what it's like to put your head down to sleep at night and have to relive what you just described to us. what do you want people to know fontayne, that have never experienced anything like this? >> i pray that no one would have to experience that. i pray that everyone that had to do that walk, everyone that was

in the store with me, i pray that they're mentally stable. i pray that it doesn't affect them growing up. i pray that the kids are okay. it was a group of three girls behind me distraught and hurt. i pray that everyone can just get past it -- i mean get past the best way they can where it doesn't affect them. you see stuff like this happen so much. i feel like it gets to a point where sometimes people feel like they're desensitized because this is not the normal. this is stuff you shouldn't be able -- you shouldn't see this every day. you shouldn't see this type of stuff. i pray that it stops. i pray for more love instead of hate. >> more love instead of hate. you said it right. >> more love. >> more love.

fontayne payton, we wish you the best. i know it's not easy to share that story. i know you're hurting. we're thankful you took a little time to talk with us today. thank you. we wish you the best. >> no problem. thank you. >> we'll be right back everybody. thank you. >> we'll be right back everybody. 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.

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welcome back, everybody. president biden will welcome congressional leaders to the white house tomorrow as the nation barrels towards a debt

limit deadline. thousands republicans are insisting on spending cuts in exchange for lifting the debt ceiling. democrats want a deal without conditions and are reportedly weighing a short-term debt extension. the president planning to take his plan straight to voters in red-leaning districts. joining us is nbc senior white house correspondent kelly o'donnell and capitol hill correspondent ali vitali. kelly, let me start with you. how optimistic is the president, the administration in getting this deal done tomorrow? >> reporter: i don't think there's optimism that something can be resolved tomorrow, just the nation of washington. things tend to go all the way to the critical deadline moment. i do think there's a view that the white house believes this is a constructive opportunity. you bring leaders together, you come to the white house where there might be sort of a territorial advantage for the president. it gives them a chance to try to again focus on what they believe

are the cataclysmic consequences of a failure to act. the president wants to separate the issues. dead ceiling in one conversation, discussion of other budget issues and ways that they can try to all find some responsible cuts or look for ways to deal with spending issues. the president would like to increase spending in some areas. how can they find common ground there, trying to have those be separate conversations. that is a tall order. certainly republicans like kevin mccarthy are dug in in his views about what needs to happen. the president equally dug in, if not more so, that it's congress's responsibility to pass a debt ceiling increase for spending that has already been accumulated by the government. this is not about spending yet to come. so pivotal moment, important to see what are the relationships the president in his interview with stephanie ruhle referred to kevin mccarthy, the house speaker, as an honest person. that is certainly a way of

trying to have this meeting be in a calm setting, and with the president trying to emphasize his history of working with republicans for these sort of crisis points. he certainly did a lot of that with mitch mcconnell, the republican senate leader when he was vice president under barack obama. so that's sort of the mood here. optimism might be too far of a stretch, but certainly the view this is a critical data point. >> let's talk, ali, about the unification of republicans. we're hearing from senator mike lee, 43 republican senators signing on essentially saying they're not going to pass a clean debt ceiling increase. talk more about that. >> when kelly talks about the white house and democrats wanting to operate on two parallel tracks here, treating it as spending that has already been spend and spending that will happen in the future, republicans are lumping it all together, saying you can't do one without the other. this has been the posture of

republicans in the house, now echoed by republicans in the senate. all to bolster speaker mccarthy heading into this meeting. i say speaker mccarthy specifically because although senate minority leader mitch mcconnell will be part of this meeting tomorrow, he's key to allow the speaker to continue to take the lead here in large part because republican has the tougher order with republicans and within his own conference keeping republicans on board. he's proven he can do that by passing the bill two weeks ago before the house went on a short recess. now he's going to get into that room with the power of not only his own caucus in the house, but this letter by mike lee but signed by other 42 republicans saying they're not going to vote for anything on the senate side that is not just a clean spending hike. instead, they also want to see substantive spending cuts. that 43 number is really important. we know the magic number around here is ten republicans with the absence of senator dianne

feinstein. that's the number democrats would need to vote with them on any kind of a debt ceiling hype. clearly they don't have those numbers based on that letter right now. >> we're certainly going to be watching with bated breath. nbc's kelly o and ali vitali as well, thank you. just as summer travel is beginning to heat up, new rules are being proposed to make flying a lot less painful. any moment we're expected to see president biden and transportation secretary pete buttigieg at the white house. the administration announcing a new rule making process, as they put it, that would give airline passengers more rights when it comes to those infuriating flight cancellations and delays. nbc's tom costello is joining us with more on what the rules could mean for you. tom. >> reporter: good day. president biden and secretary of transportation pete buttigieg announcing today this new proposed rule making process which will take months or years to work through.

this is not going to happen in time for the summer holiday season. it is, however, in response to the meltdown last summer and, of course, what we saw over the winter with southwest airlines. the administration now wants to require airlines to pay you compensation if you're delayed or your flight canceled because of something within the airline's control. so think of a maintenance issue, for example, delay in loading baggage, staffing issues, all of that. not weather, but inside the airline's control. if you're delayed considerably or canceled, you would receive compensation. here is how it lays out specifically. the airlines would have to provide compensation in addition to refunds and other amenities for passengers. they're talking about a meal or meal voucher, overnight accommodations, transportation as well as rebooking. they're also required to provide timely customer service during and after periods of widespread flight irregularities. again, think about what happened to southwest airlines and more than a million passengers over

the christmas holidays, over the new year break. importantly this is what the european union requires of airlines flying inside the eu. if you flight is significantly delayed or canceled, you could be eligible for cash compensation and it scales up depending on how long the delay you have, how long of a wait because of the flight cancellation. that's the european model. it's taking a page to some extent with what the europeans are doing. the biden administration proposing that here in the united states. as you would expect, the airlines will certainly have a voice on this. they will certainly be protesting this and trying to object. this is not a done deal. this will be a long process to work its way out. back to you. >> we'll see how this all plays out. tom costello, thank you. a massive amount of drone attacks targeting ukraine's capital. we'll head to kyiv next. we'll be right back. to kyiv ne. we'll be right back. versus 16 grams in ensure® high protein.

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welcome back everybody. russia is ramping up aerial attacks on ukraine, launching nearly three dozen drones on kyiv overnight according to ukrainian officials there. at least five civilians were injured in one of the largest barrages to target the capital so far. over the weekend, russia became to evacuate civilians from occupied regions of southern ukraine including near europe's biggest nuclear plant in anticipation for the coming counteroffensive. all that coming on the eve of

victory day, russia's most important secular holiday marking the defeat of nazi germany in world war ii. nbc's ellison barber is reporting from the capital city of kyiv with more on this. ukrainian president zelenskyy announcing the bill to celebrate today instead of tomorrow, like the former soviet states. what is the move there in the capital city right now? >> reporter: this decision, this announcement by president zelenskyy. it's a jab by ukraine. victory day is the most important secular holiday in that country. every year they have massive military parades in moscow's red square to celebrate it. most of europe, they celebrate the defeat of nazi germany victory day on may 8th because the evening of may 8th that's when documents of surrender were

signed. what we have is a situation where president zelenskyy is saying we're not going to celebrate victory day with you anymore. we're going to do it like the rest of europe does which is what ukraine wants to be a part of. and on top of that, he's saying we're going to call victory day may 9th, that incredibly important holiday for russians the day of europe. zelenskyy said in part, quote, every year starting tomorrow, may 9th, we'll commemorate our historic unity, the unity of all europeans who destroyed nas ziism and will defeat russianism. he goes on to say this will be the day of europe, our ally. this will be the day of europe of which ukraine has always been, is and will be a part of. this still has to be approved by parliament. what you have here is a massive symbolic twist of the knife of

president zelenskyy saying the thing that putin has hated and feared for so many years, this country moving closer to the west, closer to europe, this is another step towards that direction. they're saying we are european, we're still moving in that direction, not russian. you have president putin's spokesperson calling this decision and president zelenskyy a traitor. >> that's quite a moment for president zelenskyy and ukraine as well. nbc's ellison barber in the capital of ukraine, thank you. federal prosecutors are asking the judge to sentence the founder of the far right oath keepers to 25 years in prison for his role in the january 6th attack on the capitol. stewart rhodes found guilty of seditious conspiracy last year. now they're seeking a an enhancement. this is coming from a sentencing memo filed by prosecutors on

friday. what else have we learned? >> that's right. there's not much of a history of seditious conspiracy convictions. the government has to look around to find comparison. they look back to the world trade center bombing in the beginning of the 1990s where the defendants in that case got from 25 years to life in prison. this is a charge that there isn't a ton of history on. you essentially have to point back to these limited cases where they are. what say say is stewart rhodes tried to stop the peaceful transfer of power. this obviously had a huge, huge impact on the country and its standing in the world. they're seeking sentences of between 10-21 years for a number of his co-defendants in this case, which there are eight that will be sentenced over a period of time, towards the end of may and beginning of june. this also comes on the heels, of course, of the proud boys

verdict last week, so could show us where some of the trends are going in that direction. the first person out of the gate does set the bar and could have an impact on some other cases we've seen. right now as of friday, the longest sentence we've seen was a sentence of more than 14 years in federal prison for an individual with an extensive criminal history who assaulted law enforcement officers at the capitol. i think that record won't be standing for long given the number of defendants we have coming up in these oath keepers trials, yasmin. >> ryan reilly, thank you. new polling showing it could be a rough road for the president's re-election campaign. we'll dive into it on msnbc coming up next. we'll be right back. ming up next we'll be right back. now adt professionally installs google nest products... cool.

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just swipe and it lasts all day. secret helps eliminate odor, instead of just masking it. and hours later i still smell fresh. secret works. ohhh yesss. welcome back, everybody. today warning signs for the white house with a new poll showing joe biden trailing donald trump as the president's approval rating plummets. a new washington post/abc news poll finds only 38% of americans said they would definitely or probably vote for biden compared with 44% who favor trump. the president eeps approval rating is at an all-time low of only 36%. what does this mean for the re-election campaign for the president and is former president donald trump gaining momentum. i want to bring in nbc's mike memoli at the white house and cornell belcher, a political pollster and msnbc political

analyst. if you're looking at this poll, only about a third of voters think the president has the, quote, unquote, mental sharpness required to serve effectively. you and i over the weekend have been talking about some of the sound from our own stephanie ruhle's interview with the president as he's asked about his age in facing this re-election. how is the president addressing this type of criticism or what you're seeing in this polling? >> it was really interesting, yasmin. we heard from the president in that interview on friday a fuller explanation or at least defense of his ability, he thinks, to serve another full four years in the white house. when stephanie ruhle mentioned that no fortune 500 company would hire someone at the age of 82, he responded he thinks he has the wisdom and judgment, he's been an honorable person while in office. i've heard from white house officials behind the scenes about this experience question being something that they intend to put forward to voters.

i've also, frankly yasmin, been hearing a lot from white house officials since this poll came out about technical quibbles with it. maybe cornell can speak more to this. but they think the sample is really flawed. yes, there are really bad numbers for the president in there, and there aren't a lot of polls that show a lot of good numbers for the president. when stephanie ruhle asked the president about why he's not getting more credit for his economic accomplishments, he talked about the fact that no one in politics has strong approval ratings. you look at the ratings for republicans in congress, most republican officials. they're not very high either. that's why the president, you'll hear me quote him again, many times probably between now and the 550 or so day, don't judge against the almighty, judge me against the alternative. the white house thinks this is going to come down between a choice between two candidates and whatever their numbers, they think the president will ultimately prevail. >> try and answer if you will

the question that mike memoli president out there when it comes to not the other one, the almighty versus the alternative, but the quote unquote, technical quibbles he's hearing from inside the white house when it comes to this polling. is this an outlier or something we should be focused on? >> as you and mike know, i don't want to lose viewers right now, and go to polling, but i will say that this is a bit of an outlier -- >> we love polling, what are you talking about? >> i do. but we're going to lose viewers. i will say this, the methodology, i do have methodology issues with it. it is not a likely voting sample, which is really the base issue here, but that aside, and look, in our nbc polling has always consistently had the president between 41 and 45% approval, which is not great.

it's not saying that it's great, but also level set team here, obama at this time going into reelection, his approval rating was 45, so we've got a long way to go, and as a pollster, i will tell you right now, a lot of these polls given the dynamics of this race have yet to unfold aren't really worth the paper they're printed on. that said, yes, there are one warning signs for the president, and the biggest one is not surprisingly, it is about voters, and i think it's fair, team, i think it is fair for voters to say, you know, given the president's age, you know does he have the energy and vitality and stamina to get the job done. you know, if you look at the contrast from the issues standpoint, you all talk about guns all this morning, and if you look at the issue and where most americans are on the issues of guns, for issues to expanding freedoms and women's choice, a whole list of issues the president is well positioned, and when you look at his

position of legislation that he has passed, monumental legislation, he has legislation that he has passed that is a lot more popular than what obama had that he passed going into reelection. so from a metrics standpoint, he had a lot of good things to sell. is that question of age just hanging out there, which was very prevalent in the abc polling, but look, we had a president in ronald reagan who also dealt with age issues and it's not a policy thing. the president is not going it fix this by saying i support x, y, z policy. the president is going to fix this like ronald reagan did, calm and force of his policy. >> i love him calling us his team. >> people want to hear about cross tags and things like that. >> will you just weigh in on something that cornell said because you and i talked about this yesterday, which was how it seems as if the president is positioning himself to talk more

about gun legislation in his reelection campaign, making it a key point as we are heading towards 2024. considering what is happening, and considering how the american people feel overall in so much the polling we have been seeing. >> i hear this all the time from biden advisers, ten years in the wake of the horrible newtown tragedy, there wasn't really the infrastructure, the political movement behind gun safety reforms that now exists. there really has been a powerful political force developed in support of gun safety measures and opposing pro-nra lawmakers that now has shown that it has political might to match or surpass what the nra has shown historically. you have seen that in the president being more willing to publicly and forcefully talk about things like he wants to renew a ban on assault weapons, something that hasn't been the law of the land since 2004. he wants to continue to do more legislatively, and he's willing to do more through his own executive power. in fact, we're waiting for the

justice department to weigh in on something the president set in motion a few weeks ago, that could strengthen the background check systems, eliminate loopholes that have existed. the president has been trying to marshal that, galvanize that movement that has really been growing in power since newtown, and that's something i think that's going to be front and center in his reelection campaign, ultimately. >> mike memoli, cornell belcher, we love the polls. never underestimate the polls. we are learning new details in the fraud lawsuit against alec murdoch involving the death of his housekeeper. we'll be right back. housekeeper we'll be right back. ♪ ♪ gain scent beads keep even the stinkiest stuff smelling fresh. i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift.

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welcome back, everybody. new details today in a fraud lawsuit involving convicted killer, alec murdoch. this is coming after murdaugh committed he lied about his

dogs. catie beck has the latest. >> reporter: another legal battle is brewing, and behind it alec murdaugh, the wrongful death lawsuit against his long time housekeeper, after she suffered a fall at the murdaugh home. satterfield's attorneys releasing audio recordings and documents tied to the original investigation that alex murdaugh told investigators his dogs were the cause of satterfield's fall. since that time, murdaugh has said he invented the story, that the dogs had nothing to do with it, and perhaps the satterfield family should repay the $3.8 million judgment that they recovered because of that lawsuit. the satterfield's family attorneys had this to say. >> he told the truth then when he gave the judgment, and so for us,