eli? i just ran up over to him and gave him the biggest hug. >> the boy's mother saying he fought to get back to us the entire time, adding that he made a shelter to sleep each night, making tracks each night, cleared off dirty snow to eat the clean snow. a community celebrating dedicated rescuers and an extraordinarily resourceful young boy. >> what a smart little kid. we've got a lot to cover in this second hour. let's get right to it. at this hour, one place you really night not want to see your ex. in a viral fbi tweet asking for information about their whereabouts at the u.s. capitol on january 6th.

how that helped the doj issue charges. and an israeli air strike took out three top military commanders and ten civilians. a live report from southern israel. also, inside two texas tragedies. the latest on the investigation into the fatal suv crash outside a migrant facility in brownsville that left eight dead. and the painful new stories behind the lives lost at a texas outlet mall over the weekend. the lone survivor of one family just turned 6 years old. our nbc reporters are following all of the latest. we start with maggie vespa in allen, texas. we just learned there's going to be an update from the texas department of public safety in about an hour. i want to focus on the victims. all so young. 3 to 37. so much life they had still to live. froms what more can you tell us

about them? >> reporter: yeah, chris, that news conference expected to focus on the mechanics of the investigation but what people here care about is the people they lost including those three children from two north texas families. two local families. the kids are 3, 8, and 11 years old. as you said, now a 6-year-old boy is going to grow up without his parents and little brother. people have been coming through all day. this parking lot, hampton inn's parking lot that butts up to the mall. security's only been letting people into this area if they've come here in their words to pay their respects. the victims one by one, we'll start with that fmly with the 3-year-old boy. cindy and kyu cho. the 3-year-old's name is james. the 6-year-old, only surviving member, is william. he's going to grow up about his

brother. daniela mendoza and sofia. their mother is in critical condition. aishwarya. she had a masters in civil engineering. her family and boss are speaking out. we've seen a lot of signs and messages left for her and finally, christian, who was lacour who was a security guard at the mall. take a listen. >> passed away, especially chris. he was one of the security guards there. he'll always walk by our store and just, he would wave at us and if we didn't wave back, he wouldn't go away. he was such a loving guy. such a caring guy. >> so many people torn up about this. whether they knew the victims or not. you can see behind me through

the crowd, but the thing that's hitting people the most is the crosses there for the kids have like piles of stuffed animals around them and a lot of people leaving messages for them. mickey mouse figures, things they love. people in the area are just really kind of struggling like we've seen in so many american cities in recent years, to come to terms with this senseless loss. knowing all eight of these people lost their lives because they came to the mall on a saturday. easy to expect this will go on here for days. back to you. >> maggie, thank you so much for telling us about their lives. people need to understand what is lost here. we're also learning details about the driver of a fatal crash outside a migrant sthel shelter. another tragedy as title 42 is set to expire in two days.

gabe, what can you tell us from there? >> chris, good afternoon. this is a community still reeling. this makeshift memorial is still growing. we're also learning three of the ten migrants injured have been released from the hospital. for so many families, this is hard to take. there was an emotional vigil last night and now we're starting to hear more from the victims including a man named gabriel from venezuela. he is still in the hospital after losing a leg. we're hearing from him for the first time from his hospital bed. from his hospital bed.

again, his name is gabriel. he is still in the hospital here in brownsville after losing his leg. his wife and children are actually in colombia trying to get to the united states and they are desperate. his story is just indicative of the humanitarian crisis here at the border. this is one tragic crash that happened on sunday. authorities here say that they have arrested and charged a man, george alvarez, and charged him with eight counts of manslaughter. ten counts of aggravated assault. the investigation still underway. the migrants here we have spoken with, some of whom helped detain him while they waited for police to arrive, say he appeared drunk, but authorities won't confirm that at this point. they're still waiting on toxicology results. but this community still reeling. of course, all this chris as

tensions ramp up here along the southern border ahead of the expiration of title 42 in just about two days. brownsville is one of the communities under a state of emergency and authorities here have been ramping up the resources that they're sending here. new wire has gone up against part here. the governor says he is sending a specialized task force to try and stop the flow of migrants along the border as is expected when title 42 lifts this week. chris? >> gabe gutierrez, thank you for that. israeli air strikes on the gaza strip have killed three senior commanders of the group islamic jihad and their wives an children. that's according to local officials. raf sanchez is in tel aviv. what more can you tell us about this new strike and has there been any reaction to it? >> here in tel aviv, hundreds of public bomb shelters are open because israelis are bracing for

what they fear will be a wave of rockets and retaliation to that air strike overnight. as you said, it was aimed at three senior members. israel says one was responsible for firing 100 rockets from gaza into israel last week and that this operation was a week in the planning but the strike also killing ten civilians, many of them wives an children of those islamic jihad leaders. at least four young kids are dead. the youngest of whom is a 5-year-old girl. and another little girl asking where's my daddy. she doesn't realize her father was killed along with her mother and brother. the u.n. says this level of casualties is unacceptable. we heard from benjamin netanyahu. he says it is absolutely not

israel's aim to target civilians, that they are going after militant leaders who hide among the civilian population. civilian casualties almost inevitable we have yet to see rockets fired chltd and the question on people's minds is going to throw its full weight could be heading for a major, major conflict. >> thank you. now to an nbc news exclusive on a tip that led the fbi to one of its most wanted january 6th

suspects. a mysterious woman. we have that scoop now. so here we have sleuths tracking this woman's movements all over the capitol on january 6th, but the fbi still couldn't identify her then one of her exs stepped in. tell us about what happened here. >> that's right. the woman they referred to as the name pink beret. i was sort of all over the capitol and was seen. it was this big mystery for the sleuths who have identified hundreds of individuals who stormed the capitol. in this case, pink beret became the center of online conspiracy theories. one defense attorney suggested she was a government agent. this woman in the pink beret. this defendant claimed had somehow led the defendant into the capitol and could have been eventually working for law enforcement.

the fbi -- about this video and as soon as that tweet sort of hit social media really blew up just because of the oddity of the fbi looking for the mysterious woman in a pink beret. so there are a number of jokes that went around online about it. just sort of became viral and really blew up. inside a joanne fabric about 12 days ago, a man was standing in loan. a clothing designer. he was standing with a buddy as they waited to purchase a replacement part for his sewing machine and his buddy sort of just showed him the phone and said hey, check out this chick. he looked at it and said, oh, my gosh, i know her. this is my ex. he turned her into the fbi. some other sleuths turned up information about her. nbc news was able to confirm her identity and after the investigation went on for a bit, she was charged yesterday, on monday, with four misdemeanor

offenses. has now been identified after this viral fbi tweet, chris. >> that's a wild story. thank you. in less than two hours, the debt ceiling standoff comes to the white house in the prize fight between mccarthy and biden, will there be a winner? can they come together at all? we're back in 60 seconds. come ? we're back in 60 seconds (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. i have moderate to severe plaque psoriasis. now, there's skyrizi. ♪♪ with skyrizi, most people who achieved 90% clearer skin at 4 months...

had lasting clearance through 1 year. serious allergic reactions and an increased risk of infections, or a lower ability to fight them, may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. ♪nothing is everything♪ talk to your dermatologist about skyrizi. learn how abbvie could help you save. when the president and kevin mccarthy meet at 2 white house in less than two hours, they'll be armed with political experience telling them the same thing. be weary of compromise. at the time, he and president obama took a political beating after debt limit negotiations ran into the 11th hour before a last minute deal narrowly averted catastrophe.

the two swore they would never make the same mistake again. as "the new york times" puts it, the concessions mccarthy made just to get his job as speaker mean the final say on any deal may not belong to him, but to the extreme conservatives in his own party who have to sign off. i want to bring in monica alba. basil is former chair of the new york state democratic party. great to have you. so, mon, what do we know about how this meeting might unfold and what are the expectations of whether anything could come out of it? >> even white house officials i've talked to today are not that optimistic for a resolution. not today. this is more of a starting point for these talks. but looking at the calendar, we know there isn't a lot of time to get this settled. the white house, the president, remains dug in on his position, which is this isn't something that should be negotiated. given the high stakes

implications of what defaulting would mean. we use this word a lot. unprecedented. this time, it would be. that's never happened before. but you also have the white house of course convening this meeting with congressional leaders so opening the door to figure out a way forward. this is how the white house press secretary put the stakes of putting the onus on congress saying it is their constitutional duty in the briefing just moments ago. >> this is regular order, what house republicans are saying is they want to potentially if they get their way, threaten the country's first default. something that has never happened before. that's what they're threatening. again, could lead to, trigger recession. 8 million jobs potentially lost. that is what they are threatening. so it's very easy. it's very, very simple. do your job. >> this gets a little

complicated, too, in the comes weeks because the president is scheduled to head to japan and australia for a lengthy trip. so that really shrinks down the time here where this can get revolved even though the white house points out he can be president anywhere in the world. >> thank you so much. you've had a front row seat to these kinds of negotiations before and people will say it's never happened and it's not going to happen again. they always figure it out at the last minute. we all have a heart attack and they come together. do you have a high level of confidence? >> right in this moment? i don't. it's because there's a lack of trust happening. it's been building up since 2011. we watched as the showdown happened and trust was broken between president obama and boehner. when a gentlemen's agreement was broken because of an opportunity

to extend the debt limit further. it went back down but took to the 11th hour and what happened as a result? both sides saw their approval ratings drop and we lost half a credit s&p. went down from a aaa to a plus. that had implications for us by waiting that long and putting ourselves in a bad position. i don't want to see that happen. we should not default. really can't happen but it requires speak on both sides coming to the table like they are today and while the white house is saying it's conversation, it needs to have a negotiating aspect to it. >> one of the things that joe biden ran on is he knows how to reach out to the other side of the aisle. he said i'm the guy to bring both sides together and yet, you have the white house saying don't call this a negotiation today. we're just having a conversation. can you not negotiate and still say you're going to bring the two sides together? >> especially since they have

since the first. that is a tricky position for the white house to be in. honestly, i think the white house has more leverage because the economy's doing well. joe biden's poll numbers aren't great so he doesn't have to worry so much about that, but what the democrats do have is a united front. talking on the other side in these negotiations is a speaker who has given most of his life away to get the actual job. and if that is the case, then it is incumbent upon our republicans to have to go back to their party to figure out what to do. the president's even said he's willing to make cuts. he just doesn't want these two bills, things to go together. he wants a clean bill. the question is on the other side, who is the real negotiating partner in this process. >> he makes a good point because when your old boss was speaker,

he tried to keep the folks on the far right to the side. it's the exact opposite of what's happening now. how much harder bordering on the impossible some would argue, does that make things for speaker mccarthy? >> i think it makes it challenging. again, when 2011 was happening, boehner said that if he had gotten the deal he and president obama shook hands on, he would have been fine losing his job over it. i don't know if that can be said the same of mccarthy. i don't know, say for example, they come into an agreement to just cut the student loan repayment program and the covid spending. those two things and they raise the debt ceiling. i don't think that's enough. one, to get mccarthy to do it because he would be ousted most likely from his members. i just don't see that would be enough for him to put himself out there on the chopping block. >> there's someone else in these meetings we haven't talked about. mitch mcconnell. who's had as much experience as

anybody, except maybe the president of the united states. here's what tom cotton, republican senator, had to say about the importance of mcconnell yesterday on fox. >> saw mcconnell's remarks that there's no secret plan to bail joe biden out of this. there's not a secret plan to come up with a secret plan. what biden is going to have to do is sit down with speaker mccarthy and reach a responsible solution that increases the debt ceiling and addresses our runaway spending. >> basil, does mcconnell have a role in this? >> nothing succeeds like success. if mcconnell's going to be the one in the room that could bring everybody together if mccarthy cannot, then it is in his best interest to make a deal and have a plan a and b. ultimately, republicans need to win elections. so do democrat, frankly, but if we're looking at 2024 coming off of 2022, particularly two years early when joe biden says i can

govern and bring things back to normal, the language, the narrative, has to continue to be we're the ones at the negotiating table. the republicans will not do so. we're willing to cut a deal there. the only way the republicans in my view can counter that narrative is to come to the table and look look they're coming with substance and maybe mcconnell is the person to do that. >> thank you. liz cheney is taking on trump with a new ad in new hampshire. how far will she go to try to keep the former president from office? we've got that, next. dent from office we've got that, next

trelegy for copd. ♪birds flyin' high, you know how i feel.♪ ♪breeze driftin' on by...♪ ♪...you know how i feel.♪ you don't have to take... [coughing] ...copd sitting down. ♪it's a new dawn,...♪ ♪...it's a new day,♪ it's time to make a stand. ♪and i'm feelin' good.♪ start a new day with trelegy. no once-daily copd... ...medicine has the power to treat copd... ...in as many ways as trelegy. with three medicines in one inhaler,... ...trelegy makes breathing easier for a full 24 hours, improves lung function, and helps prevent future flare-ups. trelegy won't replace a rescue inhaler... ...for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating,... ...vision changes, or eye pain occur. take a stand, and start a new day with trelegy.

ask your doctor about once-daily trelegy... ...and save at trelegy.com. health insurance commercial. take 1. cut! cut! one more. i got this. cut! take 37. cut! i don't actually play tennis. i'm just an actor in a commercial. most insurance companies don't know me. but humana does. when i was diagnosed with copd, they helped me to manage it and keep my medication costs low. even got me playing harmonica to help my lungs. motorcycle scene. take 1. i can't ride this thing either. better care begins with listening. humana. a more human way to healthcare.

♪ma ma ma ma♪ [clears throut] for fast sore throat relief, try vicks vapocool drops with two times more menthol per drop*, and the powerful rush of vicks vapors for fast-acting relief you can feel. vicks vapocool drops. fast relief you can feel. give your small business one tech solution vicks vapocool drops. that checks all the boxes. it's all here with the comcast business complete connectivity solution. peace of mind with cyberthreat security. the power of the largest, fastest reliable network. plus, save up to 75% a year with comcast business mobile. the complete connectivity solution. from the company powered by the next generation 10g network. get started for just $49 a month. and ask about an $800 prepaid card.

comcast business. powering possibilities™. former republican congresswoman liz cheney releasing a new ad attacking former president trump. it's titled risk. take a look. >> trump was warned repeatedly that his plans for january 6th were illegal. he didn't care. and today, he celebrates those

who attacked our capitol. donald trump has proven he is unfit for office. donald trump is a risk america can never take again. >> liz cheney, the former number three republican in the house, released that ad today in new hampshire, which is of course the first gop primary state. vaughn hillyard is in manchester ahead of former president trump's town hall tomorrow at a place where both of us have been more than a few times. and mara is back with me. vaughn, this is cheney making good on her promise to work to keep trump out of office. walk us through the ad and what we should make that she's putting it out in new hampshire and the timing is interesting, too. >> right, i was there outside of jackson, wyoming last august when she conceded her republican primary. losing by a sizable margin. the words she spoke were that

she would do whatever it took to keep trump from getting back into the white house. last year, that was endorsing some candidates in midterm elections and also spending money against lake and finchham. now this tv ad launching today in new hampshire before that town hall tomorrow night is her first tv ad of this 2024 cycle. take a look at a little bit more of it. >> rather than accept his defeat, he mobilized a mob to come to washington and march on the capitol. then he watched on television while the mob attacked law enforcement, invaded the capitol and hunted the vice president. he refused for three hours to tell the mob to leave. there has never been a greater dereliction of duty by any president. >> now look. trump's lead has grown sizably. especially over this last month in this republican primary. but what is notable about that

60-second ad is that you never see liz cheney herself on camera. she never even introduces herself. it is simply her narrating over visuals of donald trump in that january 6th attack. this is an effort by her to underscore the risk in her words of putting donald trump back in the white house. that trump ally who beat her last year in wyoming put out a statement reading in part, quote, she might as well be setting money on fire because it won't work. just like all her other attempts to silence president trump. of course, cheney said that she will continue on in her efforts. she is writing a memoir set to be published in november and to note, she has not rolled out her on presidential bid herself. >> the thing about that is, i've covered a lot of these, they all write, somehow they write an autobiography right before they run for president. do you see this as a signal she's seriously thinking about it and whatever her future is,

if she's going to run for something, does something like that help or hurt her in the republican party? >> in the republican party, this message isn't going to the republican party. this is for independents to remind them of what happened. it's also for democrats in my view is how i saw it this morning. to remind them what's at stake. but the real possibility of another donald trump presidency is right before us. so to rally around their candidate, to encourage others not to vote for trump, this is not going to sway those who have already pledged their loyalty to donald trump. it's not. they are over january 6th. i for one seeing that, it's still hard for me to watch my old office be trashed that way and the place that i hold revere with high regard to be violated in that way. however, the vast majority of republicans have moved on from january 6th and so targeting it in that way isn't going to speak to them. >> i was thinking the same thing. it's still shocking to see those pictures. we're out of time, but if you were a betting woman, would you

think she might run for president? >> at some point, absolutely. >> at some point. mara thank you so much. vaughn, thanks to you. in texas, a state representative resigned a day before his colleagues were supposed to vote on whether to expel him. it was also two days after a house committee found he violated rules by providing alcohol to a 19-year-old member of his staff and then having sex with her. representative brian slayton didn't show up to work on monday, wasn't present on the house floor. he also did not address the investigation's finding in his resignation letter. and sentencing begins today for a soldier on the conviction of murder. even as the state's governor presses for a pardon. daniel perry is facing life in prison in the 2020 shooting of garrett foster, who was legally carrying an ak 47 rifle in

downtown austin while attending a protest over police killings and racial injustice. the day after the verdict, the texas governor said he looked forward to signing a pardon if the state board of pardons and paroles submits it to him. to be continued. dialed down celebrations in moscow for this year's victory day parade. what this tells us about the state of putin's russia, next. se state of putin's russia, next. i'm a retired school librarian. i'm also a library board trustee, a mother of two, and a grandmother of two. basically, i thought that my memory wasn't as good as it had been. i needed all the help i could get. i saw the commercials for prevagen. i started taking it. and it helped! i noticed my memory was better. there was definite improvement. i've been taking prevagen for a little over five years. prevagen. at stores everywhere without a prescription. ♪ ♪ [ cat purrs ] i've been taking prevagen for a little over five years. [ 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. a ballet studio, an architecture firm... and homemade barbeque sauce. they're called 'small businesses.' but to the people who build them there's nothing 'small' about them. that's why at t-mobile for business... you'll save more than $1,000 versus verizon. and with price lock guarantee, we'll never raise your rate plan. so you can keep your focus on toe-turns

and making sure the sauce is extra spicy. at t-mobile, there are no small businesses. ♪♪ moving forward with node- positive breast cancer is overwhelming. but i never just found my way; i made it. and did all i could to prevent recurrence. verzenio reduces the risk of recurrence of hr-positive, her2-negative, node-positive, early breast cancer with a high chance of returning, as determined by your doctor when added to hormone therapy. hormone therapy works outside the cell... while verzenio works inside to help stop the growth of cancer cells. diarrhea is common, may be severe, or cause dehydration or infection. at the first sign, call your doctor, start an antidiarrheal, and drink fluids. before taking verzenio, tell your doctor about any fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. life-threatening lung inflammation can occur. tell your doctor about any new or worsening trouble breathing, cough, or chest pain. serious liver problems can happen. symptoms include fatigue, appetite loss, stomach pain, and bleeding or bruising. blood clots that can lead to death have occurred. tell your doctor if you have pain or swelling

in your arms or legs, shortness of breath, chest pain, and rapid breathing or heart rate, or if you are nursing, pregnant, or plan to be. i'm making my own way forward. ask your doctor about everyday verzenio. [♪♪] ask your doctor about if you have diabetes, it's important to have confidence in the nutritional drink you choose. try boost glucose control®. it's clinically shown to help manage blood sugar levels and contains high quality protein to help manage hunger and support muscle health. try boost® today. i'm kareem abdul-jabbar. i was diagnosed with afib. when i first noticed symptoms, which kept coming and going, i should have gone to the doctor. instead, i tried to let it pass. if you experience irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue, or light-headedness, you should talk to your doctor. afib increases the risk of stroke about 5 times. when it comes to your health, this is no time to wait. 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.

the annual russian showcase of military mite was far from it today one week after the alleged drone strike on the kremlin. the victory day parade was paired back this year featuring just one soviet era tank. signature events like the immortal regiment procession in which russians march with pictures of family members who fought in world war ii were moved online or canceled because of security concerns. joining us now, former supreme allied commander at nato and msnbc's chief international analyst. when you watch that parade today, what goes through your mind? what do you see? >> first, understand the background here. this is the victory day parade celebrating the russian triumph in world war ii over nazi germany. it was once a magnificent

display of a true life accomplishment. today, it's a pathetic shadow of that. it reflects a nation who is in an unjust war, invaded a neighbor, manages to scrounge up a single tank. really? it's because what's left of the rest of them are in ukraine and by the way, you didn't mention it, chris. no aviation overflight. first time i've ever seen that. so, this is a display of a nation struggling in an unjust war that they are losing. >> and putin trying to put the best face on what is a bad situation but we've heard it all before, haven't we? >> we have, indeed. let's recall that this entire ukraine war is a stack of lies. starting with putin and sergey lavrov and the entire kremlin team telling us initially oh, we're not going to invade. we're just doing exercises. then 100,000 russians piled into the country.

thank goodness the ukrainians have knocked them back and are winning the ground war. the challenge coming up as the ukrainian spring offensive unfolds is going to be the air war. putin still has aviation capability. he may well choose to use that next. that's what we're all watching for. >> that's the backdrop of my next question for you because moments after the parade ended, admiral, the founder of the infamous wagner group of mercenaries posted who was really a 30-minute tirade on social media. he blasted the kremlin for failing to provide his troops with ammunition, saying russians don't deserve to celebrate vgtry day. how much russian, people, period, could get away with saying something like that? >> i think this gentleman, un gentleman, anti gentleman, he used to be putin's chef and now somehow is in charge of this mercenary group. many of his soldiers he's

dragged out of prisons taken from homeless shelters. he is a bad actor and he is a scorpian in a bottle with the regime and kremlin. he is in a i think a death struggle with a senior russian military leader. they're in the thunder dome. only one is going to come out. i wouldn't bet on the wagner group leader being with us too much longer. >> always fascinating conversations. thank you so much. right now, violent protests have pakistan at a standstill. that nation is royaling after the former prime minister and cricket star was arrested, dragged out of the courthouse and shoved into an armored car by a throng of par military and police forces appearing to face charges in multiple corruption cases. demonstration called by kahn's political party to shut down are

raging. smoke billowing from fires and police cracking down with tear gas. communication from major cities has gone dark after officials blocked social media access and even suspended internet service all together in the capital. new breast cancer guidelines just released for women 40 and up. that's next. plus the fda weighing a potentially game changing move that would make birth control much more accessible in the u.s. we'll explain that ahead. in th. we'll explain that ahead (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. 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. ♪♪ allergies don't have to be scary. (screaming) defeat allergy headaches fast with new flonase headache and allergy relief! two pills relieve allergy headache pain? and the congestion that causes it! flonase headache and allergy relief. psst! psst! all good! want to stop lower body pain before it starts? there's a dr. scholl's for that. new dr. scholl's prevent pain insoles are the only ones clinically proven to prevent pain from muscle-induced joint stiffness and strain. so you can stay pain free. as the sun rises, we raise the flag. a symbol of all that we hold most dear as americans. courage. opportunity. democracy. freedom. they■re the values and beliefs that built this country and still beat in our hearts. but they are under attack by an extreme movement

that seeks to overturn elections, ban books, and eliminate a woman■s right to choose. joe biden has made defending our basic freedoms the cause of his presidency. the freedom for women to make their own healthcare decisions. the freedom for our children to be safe from gun violence. the freedom to vote and have your vote counted. for seniors to live with dignity. and to give every american the freedom that comes with a fair shot at building a good life. in small towns and big cities, we raise our heads, our eyes. our hearts. for america. for the idea of this great country. joe biden is running for reelection to make certain that the sun will not set on this flag. the promise of american democracy will not break. democracy must not be a partisan issue. it■s an american issue. as your president i will defend our democracy with every fiber of my being and i■m asking every american to join me.

for freedom. for democracy. for america. joe biden. i■m joe biden, and i approve this message. ♪ma ma ma ma♪ [clears throut] for fast sore throat relief, try vicks vapocool drops with two times more menthol per drop*, and the powerful rush of vicks vapors for fast-acting relief you can feel. vicks vapocool drops. fast relief you can feel. want a worry-free way to kill bugs? zevo traps use light to attract and trap flying insects with no odor and no mess. they work continuously, so you don't have to. zevo. people-friendly. bug-deadly.

more protests over the choke hold death of a homeless man in a new york city subway last week. a white house spokesperson is mow calling the death tragic and deeply disturbing and says it demands a thorough investigation. last night, police arrested 11 and seized a molotov cocktail. rehema ellis is with me now. break down the latest investigation. >> this comes as you point out after last night what was supposed to be a vigil. it turned into a protest. police asked some of the demonstrators at the subway stop to move away from the entrance. some disagreed, a scuffle ensued. 11 people were arrested. they have been released since then. molotov cocktail also found there according to police. the investigation is ongoing.

the police say now they have the determination of what caused death and that was homicide, they are now working in cooperation with the district attorney's office. their prosecutors and nypd detectives and they are prosecuting this, but more now. let me share some of what the police department had to say a short while ago when they had their press conference. >> i want to make it clear we respect people's right to protest. we respect their first amendment rights but we will not tolerate people breaking the law. more importantly, we will not tolerate people bringing weapons and dangerous substances to peaceful protests. >> peaceful protests and demands from people saying justice has to be out for this young man. there's a statement from his family about this in reference to what happened with daniel

perry, the former marine, the family is saying that the former marine's actions on the train and now his words show why he needs to be in prison. they want him arrested immediately. meanwhile, daniel perry, the 24-year-old marine who was the person who choked jordan nealy to death, his attorney put out a statement. we've got a full screen of that. he says daniel never intended to harm mr. neely and could not have foreseen his untimely death. both sides looking for justice. it's not quite sure when we'll see more action, but the district attorney's office is expected to take some action this week. >> thanks so much. appreciate that. i want to let you know i'm just getting it, breaking news out of new york city. we have a verdict. the jury has reached a verdict in the e. jean carroll rape defamation case against donald trump. they're planning to read that verdict at the top of the hour. you'll recall that the jury went into deliberations just before

noon today. now, important to remember. this is a civil trial. not a criminal trial. the jury is determining whether carroll proved her claims that trump is guilty of battery as well as defamation. when he accused her of lying about the alleged assault. if jurors find in her favor, they can award comp pen sa torre. trump cannot be prosecuted. the breaking news out of new york city, at the top of the hour, we are going to get the reading of the verdict in the case of e. jean carroll. tell me. i've got lisa ruben. what do you make of the fact it's been less than three hours anned we have a verdict? >> you know, i'm really astonished by that. in fact, because the verdict form here is really complicated and i expected it would take the jury a while to reach a verdict.

they have to make three decisions on the battery claim, but they can find any alternative that donald trump is liable for sexual contact or forcible touching. if they fine for her on either, they have to decide what damages she's owed, if any. the same is true on the defamation claim. they have a number of decisions to reach. was the statement itself defamatory meaning was it harmful to carroll's reputation? was it false? and then did donald trump make it with actual malice. meaning was he knowledgeable when he made the statement. again, if the jury finds for carroll, they'll have to find what damages she's owed and to punish donald trump. a quick verdict here suggests to me either there's anonymity for the jurors or that they were not convinced and also convinced

that whoever fought that carroll had not prevented her case was not going to budge. i had long thought there would be a hung jury in this case and that you would see several days of deliberations as the jurors for carroll tried to convince others. that's not what we understand now. >> we were talking earlier to glenn kirschner and it's always a fool's errand to predict how long tool take. obviously this came in much quicker. tell us about the verdict form that that jury would have had to fill out and what's on it, what does it tell us? what will it tell us when announced? >> i'm holding up the verdict form for you and our viewers now. i know it's not readable. but what it tells us is first, on her battery claim, the jurors have three decisions to make. did trump rape miss carroll and if the answer is yes, they can move on to damages. if he didn't, they still have

two other alternatives to find in her favor on the question of whether or not a battery was committed under new york's civil law. they can find he sexually abused her, which is a level of sexual abuse below actual intercourse or he forcibly touched her, which doesn't necessarily involve her sexual or intimate parts but is done either to degrade her or with the object of gratifying himself sexually. if they find any of those three things, they are also required to tell the judge and all assembled whether or not e. jean carroll will get any monetary damages. one as compensation for the losses to her including her mental anguish and emotional damages and is there any punishment in the way of punitive damages. the judge instructed the jury this morning that one of the factors they're expected to take into account is donald trump's financial where with all to

satisfy that. his financial condition is a relative factor. because if you're looking to punish someone, how much it's going to sting for them really matters. on the defamation front, again, the jurors have five different questions to answer. the first is whether miss carroll provered by preponderance of evidence that the statement harmed her, that it was harmful to her reputation. the second is whether she proved by clear and convincing evidence that the statement was just untrue and the third was whether he made the statement with actual malice, which as i explained before, has to do with trump's knowing or recklessly disregarding that misstatement he made about her was false. then if the jury finds for carroll on defamation, they have to decide whether she's owed damages. they can decide she's owed nothing in the form of $1, nominal damages, or they can find she is owed compensation as a result of his truth social post on october 12th, 2022.

again, this trial is solely about president trump's statements after he was president and then finally, they can determine whether trump acted and i'm reading here, maliciously. out of hatred, ill will, spite, or wanton reckless. again, they have the option to punish him with punitive damages. not to compensate her, but to punish him for what they would find to be actually malicious or hateful speech on his part. >> i want to bring in ron allen who has been covering this. i wonder if you were able to gauge any of the reaction around the courthouse when this verdict came back so quickly, ron. >> well, not really. we're all sort of digesting this and waiting for the 3:00 hour. the conventional wisdom is it was a case where you believe donald trump or carroll. they were telling drastically different stories about what did

or did not happen. and so they decided one way or the other. there was some thinking this could go on for some time because of the way that the defense, former president trump's attorneys in particular, were able to get into carroll's story and create what might have been doubts about it. saying things like how unbelievable some aspects of it are and sort of questioning the motivations of her and her two friends who came to support her. saying they were politically motivated and this was all about money. but on the other hand, you know, e. jean carroll has been very consistent. she was on the witness stand for better part of three days. two days facing very aggressive cross-examination and she stuck to her story. she didn't have all the details. didn't know when it happened, what month, what year, what day,

but gave very detailed, very detailed account of what happened in the store. so allegedly in the store. and she had two friends who backed up her story. they, the two friends and carroll all testified that they had a conversation back in 1996 when this happened. which is about as close to an eyewitness to this as the trial got. then there were two other women who were able to tell the jury about being allegedly sexually abused by former president trump years ago. one in 1979, the other in 2005. so when all of that coming together as carroll's attorney said, either all these people are lying or president trump is lying. and that's how the case was presented to the jury on that side. on the other side, on president trump's side, former president trump's side, they basically

just said the whole thing is unbelievable. it's inconceivable. that this man who was very popular in new york in the mid 1990s would take a woman, go with a woman in a department store in the middle of the city and sexual attack her in a dressing room. however, again, this question of do you believe e. jean carroll? why would she make up this story? they said it's a political motive. it's about status, money. but that's, i think, the essence of this case. it doesn't take a brain surgeon to see this. either you believe carroll or you don't. and if you don't, then none of this ever happened and that's what the jury will decide. the charges i think you walked through are battery or defamation, battery interestingly can be a number of things. not just rape. but we hope to hear from the jury quickly. back to you. >> thanks so much.

appreciate that. i also wanted to bring in glenn. who do you believe here, that's what this is here. a he said she said, but if you just look at it in terms of what happened inside that courtroom, she said that three days worth of testimony as ron just point out. she had two friends who contemporaneously heard her story within a short time of when she said this happened. you then hear from donald trump but not in person. you got a deposition where he confused one of his exwooifs with a picture of carroll. does it necessarily go for the person who was there in person? >> not necessarily. let's start out with a rule of thumb when it comes to verdicts. recognizing this civil case, but we have to recognize it has features and has the flavor of a criminal case because you're dealing with things like rape,

sexual assault, battery. and for those who might not know, battery is an unconsent to offensive touching. there doesn't have to be injury. just that the victim did not consent to the touching. in criminal cases when a verdict comes back this quickly, the prevailing wisdom is that it's going to be good for the prosecution because the prosecution spending a very long time investigating, indicting and ordinarily prosecutors believe they have enough to succeed in trial if they're going to bring a case. so this is a civil case. so i think based on how quick this verdict is being returned, it feels like the jury entirely believed carroll and all of the evidence she presented or they just sort of disbelieved all of it. it's a little bit difficult for this old prosecutor to come to the conclusion that think disbelieved e. jean carroll after three days of what was

reported at very compelling testimony. an outcry witness to who carroll reported this attack literally minutes after it happened to what we call other misconduct witnesses. i think the kicker was not the access hollywood tape so much for donald trump announce what his habit and practice and mo is, walking up to women and grabbing them and he gets to do it because he's a star, but really the follow on testimony in the deposition when he doubled down and said something like you know, for a million years, stars have gotten to walk up to women and grab them. he was then asked do you think you're a star? he said i think you could say that. then he went on to say that is either fortunate or unfortunate and i don't really know how to read that. but i cannot imagine, chris, that any of that endeared him to

the jury. what it did is basically bolstered the allegation carroll was making against him. so given how quickly this verdict has come back, you know, i think 51% of me says that it probably is going to go carroll's way and the other thing that's really important is the burden of proof here. it's a civil case. so all carroll and her lawyers have to persuade the jury of is that 51% of the evidence, it's more likely than not. it's a preponderance of the evidence that her claim should be the one that they decide in favor of and not trump. >> i have to let that be the last word because we're expecting the verdict to be read any second now. thank you. katy tur continues our coverage now.