plus, clock ticking. the economic impact we are already seeing as the president and house speaker try to avoid a historic default with just days to go. and former president trump set to appear via video today in the manhattan hush money probe. but is he already facing more trouble in another case? >> this is a fake story and you don't want to give it credibility. >> one thing you -- >> i have no idea who the hell -- she's a whack job. >> e. jean carroll seeking more damages after those comments made during a town hall. ahead, the legal peril piling up for trump. we're going to begin with the breaking news in washington. a driver is under arrest and a

nazi flag seized after a u-haul truck crashed into the white house security barriers. a law enforcement official tells nbc news that the suspect made threatening statements about the white house. joining us now, nbc's ryan nobles and jim cavanaugh, retired atf special agent in charge. ryan, what exactly happened, what are you learning, what do we know about the driver? >> reporter: yeah, ana, let me first show you exactly what the scene looks like right now. you can see these tire tracks here beneath me. this is where the u-haul came crashing into this barrier right here in front of lafayette park. you can see just how close this is to the white house. we're only about a block away. and this was a pretty substantial size u-haul and the concern in the meet aftermath was what was inside the u-haul and that forced security officials to clear a whole swath of area around lafayette park, they ended up evacuating a hotel nearby, just while they investigated to make sure that the security situation was contained.

what ended up happening was that they were able to quickly put the driver under arrest and at the time a law enforcement official tells us the driver was making very specific threats against the white house and the individual they ended up arresting, his name is sy pandula, 19 years old, from chesterfield, missouri, and he's now facing a whole host of charges as a result of this incident. the most serious being threatening to kill, kidnap, or inflict harm on the president, vice president, or family member. now despite the very serious charges, secret service does not believe that the president or his family were -- was in any danger as a result of this incident, but it is still something that they're taking very seriously. this investigation is continuing, but as of now, ana, no one was hurt, no injuries as a result of this incident. regardless of that, it was a pretty scary scene here last night in washington. >> i understand you actually used to live near this area.

what key questions would investigators be trying to answer right now? >> well, you want to see is this guy a lone nazi, a lone man dog operator or connected to one of the groups? we had 200 members of the patriot front who just marched in washington, just a few weeks ago. so is he involved in an organized group, was this a plot they had? it is pretty pathetic, of course, when you look at it. the other things that matter are his statements to the police, immediately when the crime is occurring, he's making statements he either hates the president or the white house or something. so those can all be used to incriminate him. the nazi flag certainly tells his story. i mean, is he wearing it around his shoulders or is it propped up on the dashboard? it is probably giving us the reason why he's doing this. nazis for, you know, since world war ii and certainly the american nazi party and all the, you know, different variations on it have always wanted to

overthrow the government of the united states. that's not since january 6th. they don't care who is president. so, they hate the president, they hate the government, they hate our freedoms, they're nazis, and they hate all minorities. he's not going to drive through the steel bullards that are way deep in the ground and marble and concrete and steel, and that is the first line of physical defense for the white house. just after the oklahoma city bombing, we all urged the secret service and the congress to close off constitution avenue, all of us explosives guys, we closed the street, you can't allow vehicles that close to the executive mansion. thankfully they did. you can't get on the street right in front of the white house. you have to get on the street where the truck was and that's a good distance away. >> just real quick if you will, jim, we understand there was

nothing found when it comes to weapons, explosives, any other broader threat compared to the vehicle itself. does that surprise you? >> yes and no. i mean, these nazi guys aren't really that sharp. often they're kind of pathetic. he thought he was going to drive the truck straight up into the front of the white house. you can see the shot right down into the porch, the portico. he wasn't getting anywhere close to that. even if he had a rifle or multiple attackers, the secret service and the united states park police would have killed them right there. they're not going to get close. the danger there was two people in the hotel across the street, famous landmark in washington, lots of dignitaries stay there, important political people stay there, very nice hotel, and it was closed. that was a real danger. but luckily he's in custody. so his reign of nazi terror is over. >> thank you so much, jim cavanaugh and ryan nobles, appreciate it, guys. staying in washington, still no deal. but president biden and speaker mccarthy do appear to be

crawling closer to a compromise over the debt crisis. it was another late night with negotiators working on the capitol hill until shortly before midnight. now, the day is left to get the deal done are dropping down into the single digits. this time crunch is making the markets nervous. yesterday, the dow jones closed in the red, down more than 100 points. economists say even dragging it down to the wire without actually defaulting could still have major economic consequences. let's get the latest from nbc news white house correspondent monica alba and standing by former republican congressman fred upton of michigan and nanette lopez, business insider columnist. productive was the key word coming out of the meetings last night. we're hearing there is maybe a new area of compromise, health savings. what do you know? >> both sides called the meeting last night productive, ana, but we really don't see a ton of area of momentum or progress on some of these still major big

ticket items. that's the takeaway here, even though negotiators have been meeting around the clock, we haven't seen a ton of agreement, even though, of course, the conversations continue. you mentioned a possible area, something that the white house has proposed and is looking into in the form of health savings. so, essentially, looking at federal programs like medicare part b where the government, they say, is overpaying private healthcare companies. so if you cut that, which is something that republicans could see as a spending cut, the white house could also say that that could be a form of revenue, potentially, because we're talking about billions and billions of dollars. so that's something that did come up last night that continues to be a part of these discussions. but we don't know, frankly, if that is something that pans out. some of the other areas are still completely under discussion and negotiation without a lot of forward progress. we did also just hear from house speaker kevin mccarthy talking a little bit about where things stand right now on the hill

moments ago. take a listen. >> this is a time where we should be paying off the credit card instead of making more money, that's the behavior. >> even though we're talking about this big picture debt ceiling, the catastrophic economic calamity if the u.s. were to default, you see a lot of the conversation is still honing in on this issue of spending cuts and revenue. they talked a lot about that last night in this meeting and that's where negotiators are going to focus as well. they both say they agreed default is not an option. they just can't at all seem to agree on the path forward to avoid that. ana? >> so even with some optimism, lynette, i want to highlight the dangerous game lawmakers are playing as we get closer and closer to default. when this happened in 2011, a deal was reached two days before the u.s. was supposed to run out of money and we saw the s&p index fall about 17%, the

unemployment rate was pushed up by .3%, the country lost 340,000 jobs, and for the first time in history, the u.s. credit rating was downgraded. what is at risk today if these negotiations go down to the 11th hour? >> well, absolutely all the same things that were at risk at that time. but also you have to remember that we are currently still in this weird economy due to covid. and, you know, we have been trying to raise interest rates, raising borrowing costs for the american people, in order to get inflation down. and one thing that this brinksmanship could have the power to do is raise interest rates even more because really what markets do is they run on trust. and if other parties can't trust that the united states will pay off its debt in an orderly and serious fashion, which this is not, this is clownery, if the united states can't pay off its debt in a serious fashion, then

people will trust us less and it is more expensive for us to borrow. in the long term, overall what this kind of silliness is doing is just maing things more expensive for america overall. and the more we do it, the less we are trusted. and the less we are trusted, the more expensive it is for us. i understand comparing this to a person's credit card, but it is not the same. we are the united states of america, we issue our own dollar, we are the most influential capital on the face of the planet, nobody has time for this. and i think one of the reasons why you're seeing such a muted reaction from wall street is that it is unbelievable that anyone would try this. and once wall street does understand what is happening and how serious this is, you're going to see stocks fall fast. >> logistics could get tricky here. congressman, we have been eyeing this june 1st deadline for some time now. there is less time than that, right? technically only four days left when the house is in session.

mccarthy promised his party 24 hours to read any legislation before a vote and this needs to get scored by the congressional budget office once they have some kind of a deal. you've been in these situations. what do you think is going on right now behind closed doors? >> well, i have been there, and i can remember 2011 really well. i was on in the back of the house chamber and the vote was failing to extend the debt ceiling. and the tv was on in the cloak room and i was there and yelling, it's down 100, it's down 200, i mean, literally, it's down 300, it was a free fall to like 700 points down right away. that will happen if they don't get a deal. and they know that. so, you're right. there is only a couple of legislative days left before june 1st, but guess what, they're not going to go home. they're likely going to stay through the weekend. maybe not even get to a final vote until tuesday. still before june 1st, the

senate is out this week. they have got a 24-hour notice, but they'll come back as well, or, you know, they have this procedure sometimes between the majority and the minority leader where they deem it past. unless somebody calls for a vote, they'll say, it is over, just voice it. in the house, you got to have the vote. >> okay. >> at this point, my sense is there is not a deal breaker that has been announced, red lines haven't been crossed, they're not going to raise taxes, so they're really at this point i think adjusting the dials. how are they going to slow down spending, is it going to be based on a 2022 budget or the 2023 fiscal year? >> can i ask you without the compromise, because no one gets everything they want in a compromise, right? >> that's right. >> what do you think republicans should have to give up? >> well, the republicans -- first, so, you're right, it is

going to be a compromise. so, it is likely going to be a two-year debt ceiling limit instead of one-year as the house passed. we don't want to go through this again next year, particularly in a presidential year. the republican vote that literally passed by one vote, 217-215, two and a half weeks ago, that's going to have some changes to it as well. is it going to be based on fiscal year '22 or '23 in terms of capping the rate of spending. you have some control on the spending side and without that you'll not get the republicans in any numbers to vote for it. so that's got to be part of the equation. the real issue, i think, now, too on the table is this work requirement for snap, for food stamps. snap is the acronym for the food stamp issue. and where as there were a number of republicans that wanted to do 40 hours a week, they settled at 20, one of the ideas that is out there that maybe we'll see some

meat on the bones is instead of maybe a work requirement, it will be a volunteer requirement. maybe you work at the soup kitchen, the church, the child care center, and, of course, it will be targeted only for single able-bodied folks between the ages of 25 and 60. >> so you're giving us -- you're giving us some of the potential specifics that could ultimately send a deal through. >> so both sides can save face, but we can't get -- everybody knows that. so -- >> we just lost you, congressman. >> in the end -- >> we just lost your shot. >> didn't mean to drop you off there. i don't know what happened. thank you so much, former congressman fred upton and linette lopez and monica alba. we'll continue to stay on top of the debt ceiling negotiations and when we're back in 60 seconds, former president trump will appear by zoom in his hush money case today as he faces new legal action from e. jean

carroll. plus, florida governor ron desantis expected to enter the presidential race this week. but there is a big elephant in the room and it isn't another candidate. also, tiktok stopping the clock, suing montana over the state's new law banning that app. do they have a case? and the surgeon general's new warning about the impact of social media on the mental health of our children. the mentl health of our children (man) it's pretty simple. i kinda just want things the way i want them.

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let's discuss with msnbc legal analyst lisa rubin outside the courthouse ahead of today's hearing in the hush money case and former manhattan district attorney catherine christian. start with the hush money case. what can we expect there in whan in court today is really the judge looking into trump's eyes, albeit over video link and telling him what is expected of him under this protected order. and most specifically what he can't do with evidence in the case. he cannot disclose, copy or otherwise disseminate any of the discovery that the manhattan d.a.'s office gives to his legal team on social media. that's included but not limited to truth social. he also can only see a subset of those materials when he's in the presence of his lawyers. he doesn't get to maintain his own copy. he can't photograph them, he can only see those things in the presence of his lawyers.

and as catherine knows, there was some discovery reforms passed in new york in 2019 that entitles any criminal defendant in new york to a much more copious set of materials. that includes all electronically stored information of relevance to the case, including cell phone images that are forensically derived, that means trump can only see under the protective order certain subsets of that like emails, text messages that are directly relevant to the case, but those that are not, the judge wants to make sure trump fully understands because as we saw this morning, this is a person who uses his social media accounts often and early. >> so, catherine, how typical is it for a judge to have to direct what a defendant can do with evidence in a case? >> it only happens with defendants where the court and the prosecutors are concerned will intimidate, threaten witnesses or the concern for the

witness's safety. violent gang members, organized crime members. this person, mr. trump, who is a defendant, has a history, we have seen it, just, you know, after the trial in with e. jean carroll of saying things publicly that can be considered intimidating and threatening to witnesses. he said bad things about the judge. the judge in the carroll case. the judge here, the judge's daughter, he said bad things about prosecutors. so his history speaks for itself. and so these protections that the judge is going to outline verbally to mr. trump because he's already put it in writing will set mr. trump up for if he violates it, a criminal contempt charge. >> okay, so now let's turn to the e. jean carroll case. you referenced it here. e. jean carroll seeking additional damages to the tune of $10 million. lisa, what is her argument? >> her argument is that trump has defamed her multiple times.

the trial that just concluded, that had to do with statements made after he was president, specifically in october of 2022. but e. jean carroll still has her first filed case, that concerns statements that trump made while he was president in june 2019, when she first came forward with her allegations of sexual abuse by the former president. that case is still outstanding. we learned last night not only does e. jean carroll intend to move forward with that case, but she is seeking what are called punitive damages, damages meant to punish the former president for his later conduct, specifically his comments on cnn earlier this month when after the verdict he went out and reiterated his same denial as well as some uglier statements about e. jean carroll, including that she was essentially too ugly to assault. that is the grounds on which e. jean carroll and her lawyers are seeking $10 million plus in damages now. >> here is the thing, catherine, trump is again posting about e.

jean carroll following this news. here's what he writes on social media. i'm quoting part of it, i wouldn't want to know or touch her. i never abused her or raped her or took her to a dressing room 25 years ago, it never happened, it a total scam, unfair trial. he's appealing the $5 million settlement or not settlement but verdict, outcome of the last case. now you have -- she's doubling down essentially saying i'm suing you for the additional comments you made after that verdict. and now he's still going and saying these things? what's the impact? >> this will be added as evidence. what roberta kaplan, her lawyer did, they didn't file a new lawsuit as lisa said. they are requesting the judge amend that 2019 lawsuit to include the verdict that said that he was liable for defamation, the statements he made in cnn where millions of people saw it, the truth social and now this. so this will go to her punitive

damages request. it will show his hatred, his willfulness, his spite and his malice against her. every word that comes out of his mouth, if it is like this, will be used against him. >> he's digging a deeper hole, it sounds like. thank you so much, catherine christian and lisa rubin. i appreciate your expertise and insights. next on "ana cabrera reports," florida's governor expected to enter the 2024 gop field within days. while he may be reluctant to go scorched earth against donald trump. and the republicans who could stand in the way. d the re could stand in the way 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.

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we're back with the republican presidential field set to get even bigger. florida governor ron desantis expected to announce his run this week. and we have new reporting on how

former president trump plans to take him on. with trump's campaign confirming he'll keep hammering desantis after months of already pointing out every misstep and sliding poll numbers. joining us now, nbc news correspondent ali vitali in mount pleasant, south carolina, also republican strategist rick tyler and democratic strategist aisha mills. we know trump is going after desantis, but we're told desantis doesn't plan to strike back. nbc news is reporting, quote, the governor will mostly ignore the daily trump taunts and will take the former president head on only in specific circumstances, particularly on policy, according to three political advisers to desantis. what do you make of that strategy? >> well, he doesn't need to use trump's name or speak directly to him to literally be racing to the bottom. which is what his campaign is doing at this point. he is in a race for the underbelly, the darkest part of our society, which he thinks if

he's going to be able to gin up into his campaign by doing horrible things to the residents of his state, lgbtq people, african american students and on and on and on and on and by picking a fight with disney. so, i think that the strategy, you know, i could care less frankly about the republican strategy against each other, but what i do care about is their strategy for running a campaign trying to appeal to the american people writ large. it seems to me that he's doing trump's playbook to try to do as much harm to vulnerable people as possible with the hopes that that is going to animate a base. in that case, they're one in the same. >> desantis has been trying to tout all his work as florida's governor and it is not being fully embraced. i quote, desantis has found that not everyone wants to be florida and he has encountered spirited pushback from competitive fellow governors and gop officials who

believe that their states have done just as much if not more to advance a conservative agenda. is desantis as popular as he thinks? >> well, look, i embrace the idea of states being competitive, that's federalism. we should be testing all policies and to see who can get the best job creation, economic programs in their individual states. so i don't think any of that is really serious. he has a job to go out and make his case, but i'm afraid desantis may have peaked. i think he has sustained a lot of damage from trump and he hasn't captured the imagination outside of florida. he's a very popular governor in florida. but, look, it is hard to imagine him as commander in chief when he took on cinderella and lost and he is not, you know, the world continues to be a dangerous place. and i think that desantis was -- we have seen this pattern over and over again, the early

front-runner and in this case, the early front-runner to take on trump and i think people made a summary judgment about it because he's collapsed in the polls and people don't believe it is him. >> ali, you've been covering the other republican candidate to jump in the race this week, south carolina senator tim scott. how does heplan to distinguish himself from trump and desantis? >> i think the fact that you're calling him the other republican shows just how much work tim scott has to do. he's coming into this race between 1% and 3% in the polls so he knows name, i.d. and introducing himself to the american public is going to be critically important. what scott has that a lot of other candidates don't have is a deep war chest from which to pull from the very beginning of his candidacy. he's up on the airwaves in iowa, new hampshire, with a $6 million ad buy on radio and tv. that's going to run not just for a few weeks, but for the length of the summer up until the first debate. all of that meant to tell voters who senator tim scott is, maybe

well known in his home state of south carolina, that only gets you to one of the three key primary states that these candidates are going to be focused on. i think one of the questions that is clear is every candidate is going to have to answer how they're different from the front-runner and the current and former standard bearer of their party, former president donald trump. and that's a question that our colleague tom llamas asked scott yesterday, this was his answer. >> what will you offer voters that former president trump will not? >> the question is -- i'm running for president, period. i plan to win. the question is, what do the voters want in their president? they want someone who can persuade on the issues that matter the most to them. i look forward to persuading the american people right and left, within my base and on the far side, to making sure that we move this country forward using common sense, finding common ground. >> so, look, tim scott staying

on message there for that. clearly he's not really relishing the idea that he's eager to contrast with the former president and in my conversations with senior scott officials, that's not somewhere he's going to go. because, again, you have to introduce yourself before you start attacking. clearly that's the scott strategy in the short term. as we watch desantis versus trump continue for another month and it will only get worse as we get into the summer and then on to the debate stage once desantis makes it official, most of the other campaigns that i've talked to are happy to see trump take out desantis, because they know that, a, that deals with one of their competitors for them, b, it is better to not be the person that is drawing trump's ire, because that map becomes your entire strategy and all these other campaigns have to introduce themselves before they go directly at trump. >> rick, trump actually wished tim scott good luck following his announcement. a far cry from what he's been saying and how he's been treating desantis. what do you make of trump's different approach to these two men? >> well, donald trump thinks

that tim scott is weak. here is the thing, he does have a $20 million war chest that's going to make a big difference in the states that he's already going to be advertising in as ali said. ali is right, he has to introduce himself and what he's doing now is inoculating himself very strongly against future trump attacks. the problem for trump is that trump probably will not win iowa because the large majority of the caucusgoer constituency there is pro-life and is pro-christian. he didn't win the last time. and this time he's done everything he can to offend them. and tim scott is very appealing to that group. and so tim scott could win two of three of the caucus -- of the early states if he plays his cards right, which would be iowa and his home state of north carolina, of course, he has a home state competitor there, nikki haley. but he's also offering a completely different vision and alternative which is instead of american carnage, which has been

offered by trump and the history of losing, he offers a different story, an america of hoept and optimism and african american who came from poor circumstances, i think he has a compelling story to tell. we'll see if the republican voters can recognize that and reward him. >> and just a quick reminder, he's from south carolina. thank you, rick. aisha, i owe you an extra question next time around. it is nice to see the fellow green on you, ali, you got the memo, apparently. let's stick in south carolina because other news out of that state today, the legislature could vote as early as today on a bill that would ban most abortions at six weeks. this proposal cleared the state house last week and now heads to the republican-led senate, but the result isn't a foregone conclusion. a group of female republican holdouts who blocked a near total ban last month is vowing to resist this amended legislation too.

just last week, neighboring north carolina and the state of nebraska passed 12-week abortion bans. up next on "ana cabrera reports," the unconventional legal strategy the suspected idaho university killer used in court during his arraignment. plus, the conservation breakthrough to save the colorado river, involving enough water to fill 6 million olympic swimming pools. l 6 million olym swimming pools i think i'm rea. heck ya! with e*trade you're ready for anything. marriage. kids. college. kids moving back in after college. ♪ finally we can eat. ♪ you know you make me wanna...♪ and then we looked around and said, wait a minute, this isn't even our stroller! (laughing) you live with your parents, but you own a house in the metaverse? mhm. cool...i don't get it. here's to getting financially ready for anything! and here's to being single and ready to mingle. who's ready to cha-cha?! ♪ yeah, yeah ♪ you didn't live this strong, this long to get put on the shelf like a porcelain doll. but one out of two women over 50

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welcome back. a trial date has been set for the suspect accused of killing four university of idaho students. bryan kohberger was arraigned yesterday on murder charges. but didn't enter a plea himself. he stood silent in court as the judge read the charges to him and entered a not guilty plea on his behalf. nbc news correspondent erin mclaughlin is in moscow, idaho. despite his silence in the courtroom, this case is moving forward. >> reporter: yeah, that's right. to the surprise of many legal experts, the trial date has now been set by the judge during yesterday's 15-minute proceeding for october 2nd. the fact that bryan kohberger did not wave his right to a speedy trial is being seen by some legal experts as a signal that the defense is ready to go. bryan kohberger appearing before an idaho district court judge,

saying little, but taking one important step closer to trial. >> counts two, three, four and five, murder in the first degree, maximum penalty is life in prison or the death penalty. >> reporter: four murder charges for kohberger, accused of stabbing these university of idaho students to death six months ago. madison mogen, kaylee goncalves, xana kernodle and ethan chapin. >> do you understand the charge of count three, murder in the first degree? >> yes. >> do you understand the maximum penalty? >> yes. >> reporter: but to the charges, he said nothing. >> he will stand in silence. >> reporter: mr. kohberger is standing silent. i'm going to enter not guilty pleas. >> reporter: kohberger's legal team signaling their prepared to go to trial less than six months from now, in october. before then, another deadline. prosecutors have 60 days to decide whether they'll seek the death penalty against kohberger. shannon gray is representing the

family of victim kaylee goncalves. >> the goncalves family would like the death penalty. >> reporter: her family was in the courtroom monday, and including her sister and newborn niece, named after kaylee and her best friend maddie. new "dateline" reporting on suspicions rising within bryan kohberger's own family over the holidays. before his arrest, a source with inside knowledge of the investigation saying that one of kohberger's sisters noticed he had been wearing latex gloves and loudly pointing out he had been living miles from the murder scene and driving the same car authorities were looking for. the source saying several family members even went out to search kohberger's white elantra, finding nothing. days later, he would be behind bars, now gearing up for the trial of his life. and this morning, bryan kohberger is back in his jail cell, in the jail attached to

the small courthouse behind me as the prosecution weighs that death penalty decision, speaking to experts here in idaho, they believe that the prosecution will go forward, pursuing the death penalty, given the heinous nature of the crime. ana? >> erin mclaughlin in moscow, idaho, thank you. turning now to a plan to keep the colorado river flowing. arizona, nevada and california have agreed to a new conservation effort to save the drought stricken river. the goal is to conserve at least 3 million acre feet of water by 2026. that's roughly the same amount of rough as 6 million olympic-sized swimming pools. the colorado river is critical supplying drinking water to over 40 million people. this could avert a potential crisis, but scientists say even more concentration will likely be needed after a decades long drought. up next on "ana cabrera reports," tiktok strikes back.

the legal argument the app's owners are now making against montana's total ban. plus, parents, you're going to want to hear this one, the new warning from the surgeon general about social media. >> what is at stake here is kids and their future, plain and simple. and their future, plain and simple rk. 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. show summer who's boss with wayfair's memorial day clearance. shop all the top grills and outdoor essentials, up to 30% off. with smokin' fast shipping. and get wayfair deals so epic, it'll feel like you're getting away with something.

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(tap, tap) listen, your deodorant just has to work. i use secret aluminum free. 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. well, it seems the latest tiktok trend is in the courtroom. the social media giant is now suing the state of montana over a new law banning people from downloading the app in that state. the company calls the ban a violation of the first amendment. nbc news correspondent jake ward is joining us now. okay, so, what does this mean now for the ban? >> well, you know, we had already seen one suit filed by five tiktok creators last week and they had argued that it infringed on their first amendment rights and in this case now tiktok is stepping up and saying the same kind of thing, also saying this supersedes federal authority, which they say should be respected in this case.

and that, of course, sets up this whole question about a federal regulation showdown. tiktok -- the montana attorney general is also responding at this hour, basically pushing back on the notion that tiktok is being singled out and saying the privacy of montanans is their utmost concern. the legal experts i've been talking to say this is really complicated because we're talking here about truly singling out one company, right, that really operationally is very similar to other companies in terms of the business model, it is just the ownership structure that is distinct. and the montana ban does not mention national security. it could. montana is home to 341st missile wing, icbm and minute man facility, but that's not what they're talking about. they're talking about data privacy and personal protection and what tiktok is arguing is that you can't single us out for that, there is a first amendment issue and so as we look at this increasing federal regulatory

sort of heat over tiktok, this fight over montana definitely seems to be sort of turning up that heat, i think. >> does the ban go on hold for a bit then? >> so for the moment we are waiting to hear what the sort of -- what the next steps are going to be. it is not entirely clear. you know, it is, of course, up to tiktok to enforce this ban and up to hand set makers to enforce this ban. we heard the trade group that represens the -- say this is not feasible to isolate one state. no one seems to enact it yet and we'll see what the next step is in the courtroom. a new warning from the u.s. surgeon general that social media use is a main factor in the growing mental health crisis among kids and teenagers. here's the doctor earlier on "morning joe." >> what i care about as surgeon general, as a doctor and dad is not the amount of time kids

spend, but i care about their health. >> hallie jackson has more. >> for decades there has been the surgeon general's warning on packs of cigarettes, but for the first time this morning a new warning about something else, social media and what it means for kids' mental health. there's not enough evidence to show social media platforms are safe enough for kids and teens. >> we see rates of depression and anxiety and suicide in rates going up among young people. this is the defining public health issue of our time, youth mental health. >> 95% of teens are on social media, and more than one-third say they are on constantly, and teens spend an average of 3 1/2 hours each day on these kinds of apps, something research shows

can double the risk of depression and anxiety. >> the other day my daughter came up and asked if she could post a picture on social media. >> how old is she? >> she's five years old and in preschool and has been hearing about this from her friends. >> nearly 40% of kids ages 8 to 12 say they have used social media, too. tech expert sees it in the conversations he has had in the past six years with more than 100,000 students, parents and teachers. >> when i started getting the work, i got the question is 16 too young to get a smartphone, and now it's different. >> you are almost certain to get pushback from tech companies that say they are trying to protect kids.

>> yeah, it has not been nearly enough. >> the surgeon general thinks congress can and should do more to regulate social media companies, the same way safety standards are in place for safety seats. >> what is at stake here is our kids and their future. plain and simple. >> there are benefits to teens being on social media, right, the ability to connect and have friendships and find support. we reached out to the biggest social media platforms on this and still waiting to hear back, but meta, for example, insta, facebook, on various platforms, meta prompts teens to take breaks, and they have family time, and the surgeon general says he plans to wait until

their kids are out of middle school to get into this stuff. >> not easy being a parent. thank you. up next here on "ana cabrera reports," nearly 43 million americans could travel this memorial day weekend, and the roads are airlines, are they ready? scent boosters keep your laundry smelling fresh waaaay longer than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters. from big cities, to small towns, and on main streets across the us, you'll find pnc bank. helping businesses both large and small, communities and the people who live and work there grow and thrive. we're proud to call these places home too. they're where we put down roots, and where together, we work to help move everyone's financial goals forward. pnc bank.

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welcome back. more than 42 million americans will travel 54 miles or more for memorial day, and this is according to aaa. the ones on the right, it should be a warning. give yourself plenty of travel time. joining us now is maggi vespa at chicago's o'hare airport. what do people traveling need to know? >> reporter: we are more on the warning setting you talked about at o'hare, and the surge is expected to pick up as soon as

tomorrow. we will start with driving. the gold standard holds true, drive in the early or late hours, before 10:00 a.m. or after 6:00, so if you can avoid the middle of the day. if you are flying, like always, get here at least two hours before a domestic flight and leave even more time ahead of international flights. try and reserve a parking spot at the airport, and download the airline app so you can get alerts if your flight is delayed or canceled. >> is the tsa doing anything to keep things moving smoothly through security? >> yeah, it's interesting. they are expecting the highest numbers -- actually, aaa is, through america's airports since 2005, close to 10 million travelers expected in the airports. the highest totals in decades at this point. well beyond pre-pandemic.

tsa, as a result, has tried to up recruiting rates and retention rates and they have a pay increase that has been helping. airlines trying to keep their staffings high, and american and delta just struck new deals with their pilots. the chaos tied to memorial day weekend last year, they hope they can avoid that this year and all signs hopefully point to a smoother holiday. >> thank you for joining us. we will see you back here tomorrow. same time, same place. until then, reporting from new york, i am ana cabrera. josé diaz-balart picks up our coverage right now. good morning. it's 11:00 a.m. eastern, and 8:00 a.m. pacific. i am josé diaz-balart. breaking overnight, a man driving a u-haul truck rams through security, and why authorities think it