>> yeah, that is keir simmons. and a lot to cover in this second hour of chris jansing reports. let's get right to it. at this hour, out of the game. doug mastriano, the far right state senator, says he will not be throwing his hat into the ring for senate in 2024. about who that impacts battle of control of the congress. and gifted, the justice department now investigating whether expensive gifts were given to senator bob menendez and his wife including a mercedes, jewelry and an apartment. plus get out. in an unanimous decision, a republican-led house investigative committee in texas voted to bring 20 articles of impeachment against the state's top lawyer, fellow republican

attorney general ken paxton. what is behind it and what it would take to officially remove him from office is next. also, deal or no deal. key negotiators say progress is being made, but with no deal on the table yet, and lawmakers leaving washington, what is being done right now to prevent a massive default in as littles as six days. our reporters are following all of the latest developments. that extraordinary move out of texas where just yesterday a republican led house investigative committee voted to bring articles of impeachment against attorney general ken paxton. and guad venegas is joining me. tell us about the allegations and what comes next. >> the investigative committee decided to move forward with the 20 articles impeachment and it will go to the full chamber of

the house where 149 members will vote. if they decide to move forward, paxton will be suspended, he will have to wait for the process to then go to the is that the. governor abbott would have to appoint an interim attorney general. let's keep in mind the whole process is being led by republicans, the investigative committee was led by republicans and so is the house and senate. this all started back when paxton's office asked the state for $3.3 million to settle a whistleblower lawsuit with four of his aides who said that they -- well, they accused him of bribery and also gone to state and federal authorities and were fired, they say they were improperly fired. when paxton's office went on the state to ask for the $3.3 million, the speaker of the house said he didn't want the tax fires pay that money and they began this investigation that led to the committee and now it will go to the house. the senate will have the opportunity to vote and they can either acquit him of these

charges or they can move forward and permanently remove him from office. paxton has spoken by the way and he said that this is gossip and hearsay. and we should keep in mind that aside from this process that is happening in the texas state legislature, he is also facing an investigation by the justice department on bribery allegations and he is also facing charges, felony securities charges, for which he has to face a separate process, that is a separate trial. all of this as he waits for the chamber, house of representatives 149 members led by republicans again, to vote if they want to move forward. a simple majority would be enough to suspend him. >> guad venegas, thank you for that. meantime we're learning new details about the federal investigation into senator bob menendez. jonathan dienst is joining me now. so what have you learned about the scope of the fbi investigation at this point?

>> reporter: federal investigators want to know if senator menendez and his now wife received expensive gifts from a new jersey business including a mercedes, use of a luxury apartment in washington, d.c., jewelry, and/or money. the senator said the criminal investigation will go nowhere, but the last several days a spokesman has not denied the specific gift allegations. this is all represented to grand jury subpoenas that have gone out of the southern district of new york. damian williams looking into whether the new jersey business gave gifts to the senator who chairs the foreign relations committee as that business sought a huge contract with the egyptian government. the business was run by a christian man who had no past experience in the islamic food certification. and nonetheless several other

businesses were fired by egypt and this one business hired. the questions, did the senator help, was there any quid pro quo, that is in part what the feds are looking into. the business put out a statement saying it won the deal with no help from the senator, denies giving the senator or his wife a mercedes or any other gifts and denies there was any illegal scheme. source close to the business says the owner is long time friends with the senator's now wife and has given her gifts over the years. no criminal charges have been filed and again the senator and the business deny any wrongdoing. the federal criminal investigation very much ongoing however with many more subpoenas going out across new jersey in just the last couple of weeks. >> jonathan dienst, thank you so much. let's go to the white house now where allie raffa is standing by. i understand the president is set to head out of d.c. for the holiday weekend in a few hours. where do things stand on the debt ceiling?

>> reporter: yeah, democratic sources familiar with the status of these negotiations tell us that the timing of that camp david departure could be fluid depending on how the talks progress. and right now we know both sides of pennsylvania avenue are saying that the talks are going in the right direction, but right now it is looking more and more like it could dip into the weekend because of some still unresolved sticking points. these are things like cutting some irs funding from the inflation reduction act, something republicans have wanted, adding more work requirements for some federal relief programs. remember republicans have said that that is a red line for them and the president has expressed some openness to possibly some added work requirements. permitting reform is still a gray area. and there is still debate over how much spending should be cut for fiscal year 2024 as well as exactly how long the debt ceiling should be extended in

its being raised. and the caveat we've been underscoring since the beginning is the actual deal making process is going to be the easiest part of this. there are still so many things that could gum up the process as it is written into text, as congressional members review this. and then eventually vote on it in the house and then subsequently in the senate. and remember, congressional members have not been involved in these negotiations. and we've already seen they will very vocal in their criticism, some on the far right, some on the far left, as they have heard what is involved in these negotiations. so the days after this deal is reached could potentially be more interesting than the days leading up to when the deal is eventually made. one thing that is giving all of us hope is the fact that all of the parties involved in these negotiations have as we know acknowledged that earliest default deadline of june 1 as a hard deadline. but how they are able to squeeze

all of this progress into the next six days is looking more and more unrealistic. so it will be very interesting to see if that time line shifts even by a day or two. >> can they do it, the$6 million question. actually a multibillion-dollar question. and the 2024senate map has had a big shakeup now that doug mastriano says he will not be entering the race for the u.s. senate. capitol hill reporter is here. julie, how does it change things for republicans who are hoping that they will have an opportunity to take back the senate? >> reporter: if anything republicans are breathing a sigh of relief and that includes mitch mcconnell who you will remember during the last cycle continuously made reference to candidate quality when it came to that senate race. and he rightly then projected had they wouldn't do as well as they thought they would because

of that candidate quality. and doug mastriano is no exception. he is an election denier, he was backed by then former president trump. so having him out of the mix is welcome news for many from the p.a. republican party to here in washington with republican leadership. but let's look at the bigger picture here. because republicans are feeling pretty confident about the map when it comes to the candidates that they will have and the seats that they have to defend versus democrats. democrats have 20 plus seats that they have to defend including in several states that were carried by former president trump and of course that is the x factor here. if he is the party's nominee, if he ends up being at the top of the ticket, will that lead to losses for republicans in these purple states. they are eyeing most importantly here montana, west virginia, pennsylvania and even up in ohio, of course all of those thousand held by democrats and west virginia, we know jim justice the republican establishment favorite to meet

manchin already entering that race. ohio, montana remains up in the air at this point. back to pennsylvania, we know dave mccormick has been eyeing this seats as well. he of course lost the senate nomination to dr. oz in 2020. of course oz went on to lose the race. so all of this comes down to candidate quality as mcconnell keeps saying. we'll see if the favorites end up entering the race especially when it comes to pennsylvania. but republicans only need a net gain of one or two seats. one to split the senate and two to get the majority. >> julie, thanks. high drama as the marine vet charged with killing a man in a chokehold on a subway prepares to testify in his own defense. what it could signal about daniel penny's case, when we return in 60 sends. i need. (man) now i'm in charge... ...of my plan.

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today we've got a major update in the highly charged subway chokehold death case. the "new york times" reporting that daniel penny is taking the highly unusual step of asking to testify before the grand jury that will decide whether he should be indicted for the death of jordan neely. penny has been arrested and charged but new york law requires prosecutors to convince the grand jury that reasonable cause exists. so what does this move say about his lawyer's confidence that the 24-year-old could win over a jury and what might it mean for the case? let's talk about it with ken dilanian. and also a former federal and state prosecutor from new york. good to have you both here. and so ken, what more do we know about penny's decision and when this grand jury testimony could take place? >> "new york times" is reporting that penny is expected to testify sometime next month and that the decision appears to reflect confidence among his

legal advisers that he has a helpful story to tell, that he can persuade grand jurors that his actions were justified perhaps because he felt threatened. the backdrop is although prosecutors have charged him with manslaughter, they still need a grand jury indictment to take the case to trial. so they will have to convince grand jurors there is probable cause to believe penny wasn't acting in self-defense and that he consciously disregarded the potential fatal risks to jordan neely. the question of self-defense, there is no indication that neely attacked anyone on the train although witnesses did say that he was acting in a threatening manner. and with the chokehold being prosecutors will probably present evidence of what penny was taught while in the marines and might argue that he should have known that holding it for four minutes was likely to cause death. and penny may argue that he felt his life was in danger if he released the hold. so this could be a very dramatic development in this case.

>> so how weird is it for a potential defendant to testify before a grand jury and why do it in this case? >> it is unusual but it does happen. and it does happen particularly in cases where justification is an issue as it likely is here. justification is a complete defense to the manslaughter charge that he is facing. and he could bring up that defense at trial, but he also has this opportunity under new york law to try to thwart an indictment completely by facing the grand jury himself and saying that he had a reasonable belief that mr. neely was using deadly force or about to use deadly force and that he could not retreat so he was justified in his actions. he might also not have that much of a legal theory but just think that he can throw himself on the mercy of this grand jury. i think that he is making a strategic choice and i will say

that where this is particularly uncommon is when police officers in new york are facing a possible indictment. they come in sometimes and also tell the grand jury why they think that their killing somebody was justified. and i think that that is the playbook that he is using here. >> could you also argue, because there is that old saying, right, that grand jury could indict a ham sandwich, that he has nothing to lose? maybe they think he is likely if he doesn't testify to get indicted, so why not give it a shot. it doesn't -- or does it affect then what happens at trial, does it give the prosecutor some clues about how he might need to handle him if he testifies at trial? >> well, he is going to be locked into whatever he says in front of the grand jury. but if he knows what he wants to

say when charged, then you're right, that in a sense it is understandable why he thinks that he has nothing to lose. the other thing is that he does not have a criminal history. and so often if you already come in with a record in front of the grand jury, prosecutors can ask you about that to impeach you. and that can reflect poorly on you. but he is walking in without that burden and from what we've seen in the media, he does know exactly what he wants to say. and he thinks he might be able to just short circuit the entire thing rather than have to use justification as a trial defense. >> ken, thank you. talia, you'll be back with me in a little bit. they stormed the capitol in military style formation and today two more face sentening. the tearful apology from one of today's defendants. plus a frightening flight emergency, passengers sent to

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january 6th sentence yet. but unlike stewart rhodes who got an 18 year sentence despite not being physically present at the insurrection, the two army veterans in court today were there in force leading step formations up the steps of the capitol. jessica watkins was sentenced to 8 1/2 years and kevin harold son just about to learn his fate. ryan reynolds is joining us. so not as much as prosecutors wanted but significant time. what more can you tell us? >> jessica watkins' case is really interesting because she's a trans woman who joined the military and had issues within the military when they had much more restrictive policies than they do today. so the judge commented on how she's had a tough life and this interesting sort of back story to how she came to be to this day. but he said that it didn't rise to the level of excusing her conduct that day.

and jessica testified during the actual oathkeepers trial unlike some of the other defendanapolo went far with the judge. she referred to herself as one of the idiots running around the capitol that day. and she was not found guilty of the charge of seditious conspiracy which was the top charge for the two defendants yesterday. so she was in a bit of a different category here. but she still said she believes that she had questions about the 2020 election and believes that doubts need to be examined and ballots need to be examined. but she was apologetic and broke down in tears talking about the impact that january 6 had on some of the officers. she was describing how she is a much different experience having watched the videos of what happened on the west side of the capitol than what happened on the east side where she entered that day. and she did join in a push of officers inside the capitol that

and she was ultimately sentenced to about 8 1/2 years. so she's already served 2 1/2 years and if she gets credit for time served, she could be out as early as the end of 2027 potentially. >> ryan riley, thank you. no matter what the sentences are for those january 6 defendants, it may not matter if ron desantis becomes president. the governor now following donald trump's lead suggesting that he might personally let them off the hook. >> the doj and fbi have been weaponized. we see that. so what i'm ging to do, on day one i'll have folks that will get together and look at all these cases who people are victims of weaponization or political targeting and we'll be aggressive at issuing pardon. >> and national political correspondent for the "new york times" and talia is back with me. and so i wonder what goes through your mind when you hear 00 presidential candidate saying

he might use pardons not just for january 6 rioters but for anybody that his advisers, that he decides were politically targeted. >> well, one thing that goes through my mind is it is better for the voters to know that, that that is his intention. because it is within the president's authority to say that there is an entire category of cases that he wishes to review and pardon as a policy matter. and so he has put this out there and has put voters on notice that this would be just an enormous unraveling of a tremendous amount of work that has gone into at this point arresting over 1,000 people who are with involved in january 6, lots of convictions already secured, many more to come. and you could just pull the rug out from all of that, undo all of that work, very, very quickly if he wants to.

>> and desantis was also asked about whether he would pardon donald trump in the course of this interview. he avoided directly responding to that, but he didn't close the door on that possibility. i wonder if you are going to be talking about pardons for january 6 for other people again who many on the right believe were politically prosecuted. that that will be a must answer question for folks in 2024 if you are a republican. >> this just tells you where the republican party is today on day one ron desantis' first full day on the campaign trail, this is what he is talking about. he did a whole series of interviews with conservative media outlets. a, this is a topic they are interested in, and b, a topic where he wants to side with the people who were there. he doesn't want to side with the base of the republican party. maybe not all the specific defendants, but broadly associate himself with the base of the republican party that didn't buy the last election. and this is a real challenge for

him as he goes against donald trump. how do you differentiate yourself from the former president. >> and the implication here is that, frankly, the system is corrupt so i want to play a little more from desantis on his rationale for how he might choose who gets a pardon. >> some of these cases, some people may have a technical violation of the law, if there are three oem people did the same thing like in context of blm and they don't get prosecuted, that is improper justice. >> and we've heard from people on the just continues department, judiciary system as a whole. >> and this is an attack on all of those institutions, it is an attack on the thousands of prosecutors an agents who have been working these cases, on the

witnesses who have testified in these cases. it is meant to destabilize faith in those institutions and in the rule of law. and sort of waving a hand saying that there are similar actions that are not being prosecuted without explaining at all what he means. i'm also actually not sure what a technical violation of the law means other than to say that there are some laws that we want to enforce and others that we don't. and so it is dangerous and it is concerning. and as i said earlier, at least voters are on notice that this is how he sees that enormous event in american history. >> you pointed out that after formally announced he was running for president, he went into friendly territory and this is something that lot of conservatives care about. so maybe it is good for him to

plant that seed. but does it alienate everybody else? another one of those instances like abortion where it might help you with some votes in the primary but in the general, you're going to have to answer for it. >> this is a huge trap for republicans in general. and it was a trap that several of the most important candidates fell into in the 2022 midterms where they were echoing some of donald trump's least popular lies about the 2020 election and cost them in the race. so abortion is one issue where ron desantis signed a six week abortion ban. this helps put him to the right of donald trump which is important do if you are running in the republican party primary, but a real challenge in the general election. this is not a popular position. and same thing with aligning in any way with the events of january 6. it may not hurt him in a republican primary, but you better believe it is one of the things that the democrats immediately saved clips and already put on the internet to

define him as not acceptable should he become the republican nominee. >> shane, and tally, we thank you. and now live to the white house, this is the lsu women's basketball team, the champions ncaa. let's listen for a second. class of 2004? okay. all right. she's brought global leaders together. and by the way, she's a major, major player in this administration. and i'm wondering how is she getting all these folks up in united nations.

she takes them to her kitchen. no, no, no, to get to know each other. she calls it gum ball diplomacy. not a joke. director of management and budget. where is shawn? there you go. putting together a deal hopefully. helping lead the critical budget talks we're in the middle of now. but she said i'm leaving the talks to you. and we're all here to celebrate a remarkable group of student-athletes. an go, alexis, jasmine, the entire team, this is less than a year ago you'd never even played together.

and coach, you're hall of fame. let me tell you. isn't this getting old for you winning all these times? hall of fame championship coach had a decision. nine new players joining into one powerhouse team. started to see five straight 100 point games. continued into the record 23-0 run. roll through the regular season with the best in the nearly 20 years. and then the big dance in one of the most exciting final fours ever. winning lsu's first national championship basketball title. angela reese -- excuse me, angel, named most outstanding player. didn't surprise me. demand for tickets so high, you made it more expensive for people to come. >> and so the president in the

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russia's latest missile attack just took a civilian hospital in dnipro. it killed at least two people and injured 23, including two children. molly hunter is live in kyiv for us. molly, what more can you tell us about this attack? >> reporter: and we actually just got an update to that wounded total you just mentioned. so the regional governor does confirm those two people -- only two people who died, but now 31 injured. at least 21 people in the hospital, very serious injuries including two kids. this was a three floor civilian hospital in came dnipro, that southern city really one of the safest places closest to the

frontlines. president zelenskyy responded almost immediately saying the russian terrorists once again confirm a their status of fighters of everything humane and honest. and he called it a crime against humanity. again, this was an attack directly on a civilian hospital. the ukrainians say this was not a military hospital. the regional governor called this a mass attack. and it was part of another huge wave of russian aerial bombardment last night. 17 missiles, 31 drones were intercepted. a military spokesperson said really the russian military is trying to hit these civilian centers more and more and we've seen that in the last ten days that i've been here as the ukrainians talk about planning that counteroffensive. as far as when the counteroffensive may start, a senior adviser of president zelenskyy spoke yesterday and said it will not just be a set day with a ribbon cutting

ceremony, suggesting that it might not that start date that we've been talking about. >> molly, thank you. state department has a stark new warn building a new type of malware that chinese state sponsored hacking group is trying to insert into computer systems of critical infrastructure across the u.s. and guam. they warn electrical utilities, water systems, railways and other key sectors could all be at risk. this is as the biden administration and chinese officials held their first cabinet level meetings in washington. andrea mitchell has been following this for us. walk us through that meeting and do we know if these concerns over chinese hacking were addressed? >> we don't know for sure whether those were addressed, but gina, meeting with the

chinese minister, who just arrived in washington. and according to the commerce department they did discuss concerns including the fact that chinese law enforcement had been entering and searching american companies based in china, some being charged with espionage on suspicion espionage and it is becoming a real problem according to the american chamber of commerce in china who has talked to our colleague janis mackey frayer. and american companies are beginning to be very concerned about it. so that was definitely discussed. today they are going to detroit along with the u.s. trade representative and they will be meeting with other apa krflt members. and this was hopefully an a reopening to secretary blinken's trip, getting that call that the president said back in again was

going to happen soon between him and president xi, but still hasn't happened. there have been no military to military communications since former secretary -- excuse me then speaker nancy pelosi went to taiwan offending the chinese. all of that has been taking place and very concerning. they are hoping for a thaw now that jake sullivan met with his counterpart in vienna two weeks ago. but all this could be upset by this hacking accusation. it first came from microsoft on wednesday. then the national security agency warning companies to be on alert, all the infrastructure companies throughout the united states. and in guam. and it is apparently chinese sponsored hacking, suspicious computer code attempted to be inserted in these critical infrastructures here and in guam to potentially disrupt

communications between the u.s. and asia. guam, why? that is the marine base from this we would if necessary defend taiwan against china. that warning was enough to set off the chinese ministry of foreign affairs. they had a blistering denunciation of the u.s. and our allies just yesterday. so is this going to upset so-called thaw? remains to be seen. >> andrea mitchell, always great to have you on the program. picture this, kids not even close enough to being old enough to drink serving your next beer at the bar. the states where lawmakers are trying to roll back child labor laws. next. my asthma felt anything but normal. ♪ ♪ it was time for a nunormal with nucala. nucala is a once-monthly add-on treatment for severe eosinophilic asthma that can mean less oral steroids. not for sudden breathing problems.

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right now lawmakers in at least three states are pushing to relax child labor laws with ten states seeing similar proposals over just the last couple years. many republican lawmakers are now embracing the idea of kids working as a solution to labor shortages despite opposition from child welfare advocates. elected officials in wisconsin are backing a proposal to allow 14-year-olds to serve alcohol in restaurants and bars. and ohio is expected to pass a law allowing 14 and 15-year-olds to work until 9:00 p.m. during the school year if they get

their parents' permission. i want to bring in co-founder of children's health fund and an msnbc public health analyst. so there are major organizations around the world that are fighting child labor from the u.n. to unicef to human rights watch. what are the concerns and what do you say to folks who say what we're talking about is not the same as elsewhere. >> it is the same as elsewhere. and we've been fighting this battle since about 1904, 1906 when we started thinking about protecting children in the workforce. we've gotten laws finally that started really in seriousness with fdr's 1938 legislation, but here we are taking decade steps backwards. it is just extraordinary. and to try to solve our labor shortages on the backs of really vulnerable kids, and that is what we're talking about, it won't be my grandchildren that will go to work in the bars and meat factories and so on.

it is going to be the children of migrants, children of vulnerable people, children in poverty, minority populations. so it is even more disgraceful from a moral and ethical point of view. and finally, you know, to expose children to this kind of endangerment in these workplaces is really beyond the pale. just thinking about how outraged we've been getting daily from one thing or another. and to have this particular trend now facing america's most vulnerable children is pretty crazy. >> so let me tell you what an arkansas lawmaker would likely say to you, which is that it is not your right to tell us what to do, it is not in fact lawmakers' right to tell us what to do. this is about parents. let me play for you what he had to say. >> no reason why anyone should have to get the government's permission to get a job, help me return decision making to the parents and get the government

out of the way about this important family decision. >> obviously she not he. and the arkansas governor, sarah huckabee sander, signed the bill shortly after that speech. what is your response to folks who say it is okay for parents to work, parents are the best people to make that decision? >> why don't we start drafting 9-year-olds then. we're getting to a point of extremism on this libertarian notion, multiple notions, that it is up to parents and there is no real role for the government to protect people. that is totally contrary to every existing american value that up until a couple years ago has been shared by members of both political parties, all political persuasions. and now we have this runaway turn to the extreme right, unfortunately assisted by former president trump and now we have

legislators saying it is the parents' right to tell their children to work or not work. >> and what message does it send to people who have long come here because they want to get away from those laws, they want their children to have a better life and now their children could have to work? >> and we need the children here, we need the parents to join the workforce, not their children. >> doctor, always good to see you. thank you for coming in. the getaway for the memorial day weekend is under way. but can afrlairlines handle the first big test of the system. what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need. that's my boy. ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ (bobby) my store and my design business?

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blasting into the cabin. look at these pictures. have is video from the asiana airplane. officials say the man opened the door when the flight was about three minutes from landing in south korea. amaingly nobody was seriously hurt but nine were taken to local hospitals suffering from hyper ventilation and ear pain. officials arrested the man they say opened that door. and the rush is on to get out of town and airlines are working overtime to make sure that we don't see a repeat of last year's mass cancellations. tom costello takes a closer look. >> reporter: one year after the start of last year's summer meltdown, the airlines are out to ensure it doesn't happen year. >> we had to change gates, change airplanes. but we'll get there eventually.

>> reporter: weather is the wild card responsible for 63% of delays. at dfw in dallas, operations are at full throttle this sended weekend. >> your push is approved, tail south. >> reporter: but the second busiest airport in the world is also vulnerable. >> storms in southeastern texas. >> reporter: texas thunderstorms can make this a summertime choke point, delaying even canceling hundreds of flights at once. this is the american airlines operations center in dallas where they track every plane in the world. crews, maintenance, fuel, catering, 5,000 flights a day 24/7. to stay ahead of weather, american leans on a new computer program called heat calculating how incoming weather will affect flight schedules, gates, passenger connections, crew schedules and then sliding chunks of flight departures into

the afternoon so that they don't all bottleneck at once creating even bigger delays. >> anything that we can do to reduce delays, reduce cancellations, means that the entire line of flying can happen more effectively throughout the day. >> reporter: american says the program helped avoid nearly 700 weather-related cancellations last summer. but american and other airlines also struggled with last year's post-pandemic passenger surge. 20% of all airline flights delayed last summer. misdirected luggage piled up in airports worldwide. and since then thousand of new pilots, flight attendants and ground crews were added. >> we're ready for the summer. >> reporter: american chief operating officer david see moore. >> we're at the staffing levels we'll need at the peak right now. >> reporter: so you're not promising a schedule you can't fly. >> absolutely.

everything that we have is something that we can run. >> reporter: the world he's biggest airline promising vacation 2023 will be busiest and smoother than last year. tom costello, nbc news. that will do it for us this hour. make sure to join us for chris jansing reports every weekday from 1:00 to 3:00 eastern. have a great memorial day and i'll see you on memorial day at noon eastern right here on msnbc. but our coverage continues now with katy tur reports. good to be with you. i'm katy tur. when the white house and speaker mccarthy agree on a deal, who is going to vote for it in there is a lot of howling from both republicans and democrats, members of the freedom caucus don't want any negotiation, hold the line they are saying, stick to the bill house republicans passed last month. others are worried about