we are back with our second

hour of "chris jansing reports." i'm alex witt. ahead for us, kevin spacey on trial. the oscar award winning actor appears in court on multiple count of sexual assault. we're live in london. plus, a scathing report in the wake of jeffrey epstein's death. the d.a. blasts prisoner workers for multiple failures. a russian missile strike targets a crowded ukrainian restaurant right at dinner time. also, trump's growing legal woes, word that his former lawyer, rudy giuliani, met with the special counsel's office. our nbc news reporters are following all the latest developments. we will begin with nbc's vaughn hillyard who's following the latest trump legal troubles. what can you tell us about rudy giuliani and the legal team. >> rudy giuliani is a lynch pin

in so many of what is a large web around january 6th and the special counsel's investigation. at this point in time, we know that in fulton county in the district attorney's investigation there, he has already been together he is a target of the investigation. but what exactly were jack smith's prosecutors going to rudy giuliani with here in these recent weeks. that is an outstanding question. an aid to rudy giuliani confirmed this meeting to me saying, quote, the appearance was entirely voluntary, and conducted in a professional manner. now, rudy giuliani, of course, was on january 6th. he spoke just shortly before donald trump, and told the crowd there that it had gotten to the point that it was trial by combat. rudy giuliani was serving as a personal attorney for donald trump at that point, along with sidney powell, and john eastman. we know that from cassidy hutchinson's testimony that on december 18th in her own words, the oval office, it was unhinged in which there was a meeting between giuliani, with trump, with powell, with eastman, and

white house counsel over disagreements about the efforts to file litigation in several key states, and of course, rudy giuliani is also believed to be a key individual involved in the effort to build those fake slate of electors. we also know there are questions the special counsel's office is looking around to the fundraising operation. that was the save america pact. that was the pact that was set up, and reached out to americans asking for donations to help fight the fraud to overturn the 2020 election. rudy giuliani was paid out of that account. there are a lot of questions which rudy giuliani could answer in terms of his own conversations with donald trump, but also others who may be targets of the investigation in the special counsel's office as well. >> got to wonder what donald trump thinks upon this knowledge. thank you so much. vaughn hillyard, appreciate it. let's go now to the war in ukraine, where a russian missile tore through a popular

restaurant right at dinner time. raf sanchez joining us from ukraine. what can you tell us about this? >> reporter: alex, as the kremlin has regained its footing following the armed uprising, they are stepping up missile attacks in ukraine. 14 civilians have been killed in the last 24 hours, eleven of them at this pizza restaurant in the eastern city of kramatorsk. this death toll has been rising all day as more and more bodies are pulled out of the rubble that you can see on the screen there. i want to show you a picture that was put out earlier today by the kramatorsk city council of two of the victims. on your screen there, you're seeing anna and yuliya, they are 14-year-old twin sisters, they had just finished their school year. they were starting their summer vacation, and they were at the restaurant with their family when they were killed last night. three more people were killed a couple of hours ago in the

northeastern province of kharkiv as the russian missiles continue to rain down. the ukrainian government does not see it as a coincidence that these missile attacks are increasing in the wake of this rebellion. one adviser to president zelenskyy earlier saying the terrorist method of warfare against civilians is the only tool for russia to convince itself of its own capabilities. now, i should say the kremlin is saying that it was targeting a military site in the area, but, alex, that is a statement that is just not borne out by the facts on the ground when you see the remnants of the restaurant. >> either barbaric behavior or ineptitude, either way, it is bad for russia. thank you so much, raf sanchez. a doj watchdog report, nbc's anne thompson is following this. this report cited numerous and serious failures by the jail

staff. >> it was absolutely brutal, outlining all the things that went wrong prior to jeffrey epstein's death in the metropolitan correctional center. and it starts with the failure of the two guards that were on duty that night, the two correction officers to do something called inmate counts. there you see jeffrey epstein's cell. no one had searched it on the day before he died, and they found out after he died that he had hoarded linens and taken some of those linens and made them into nooses. other things that went wrong, they're supposed to check the inmates every 30 minutes. that didn't happen. the two officers on the job literally slept on the job that night and went shopping online. and the other thing, perhaps, most importantly of all, jeffrey epstein was supposed to have a cell mate because he had been on suicide watch just a couple of

weeks prior. and there were two e-mails sent to the mcc saying that his cell mate was going to be transferred on august 9th. and they should have had somebody else come in and replace that cell mate. that never happened. jeffrey epstein was left alone and that gave him the opportunity to take his own life. now, the other big question is did he, indeed, commit suicide because as you know, there have been all kinds of conspiracy theories that have come up in the wake of his death. and this report sides with the fbi and says -- the doj says it found no evidence of criminality. when they looked at the autopsy report, there were no signs of a struggle on jeffrey epstein's body. there were no bruises on his knuckles, his nails were not broken. there was no debris under his finger nails, which might indicate a struggle. his toxicology report came back

clean. they also talked to three inmates who had direct line of sight to epstein's cell door that night. they didn't see anybody come in and out. and though much of the video surveillance system failed that evening, the one camera that actually did record video and recorded the entryway to the tier where epstein was held, that camera shows that no one went in or out of that tier. and then adding to all of this is the fact that epstein signed a new will just two days before his death. alex. >> adding it all up, i think the conclusion is pretty strong. thank you very much, anne thompson for that. in london, jury selection wrapped up today for kevin spacey's sexual assault trial. he has pleaded not guilty. nbc's ali arouzi is outside the courthouse for us. what can you tell us about the jury selected for the trial? >> reporter: hi, alex, yeah, it

was a jury selection as you mentioned, happened today. it was nine men and five women, and it's 14 jury members, not 12 because there are two extra jury members selected because at the beginning of the case, the judge said some of the jury members may have a conflict of interest, if they know kevin spacey or anybody that knows kevin spacey or related to any of the film companies that worked with him. there was such massive paperwork, they may not have seen it, and that's why they have selected two more jury members in case one of them has to go off, and the trial is expected to last over four weeks, and that's one of the reasons we have two extra jury members. and there were a mix of people, alex. there were men and women in business suits, some people in casual attire. there was one man even, a middle-aged man with a big beard and a worn down superman t-shirt stretched across his mid rift. a real mix of people in that

courtroom, and kevin spacey made an appearance early in the morning there. he was in the dock, which is a glass box right in the middle of the courtroom. he was in there just with a court guard and he stood up to give his full name, kevin spacey fowler, and the court case is expected to resume in earnest on monday where the crown will then present their case against kevin spacey, and he's facing some pretty serious charges. sexual assault, but the most serious charge he's facing, alex, is causing sexual relations with somebody without their consent, and causing sexual relations and penetration with somebody without their consent, and that last one is the most serious of the charges that spacey is facing. so on the minimal side of the charges, he could be landed with a very hefty fine, and on the other end, the most serious of charges, he could face a 19-year prison sentence. now, he's been very adamant about the fact that he's innocent, and he gave an

interview to a german newspaper saying that he expects his film career to flourish once again he's been found negligent. of course it's 12 jury members that have to find him innocent, and we'll find that out in the next four or five weeks. >> thank you for that summary. appreciate that. we're also getting our very first look at debris recovered from the bottom of the atlantic following that catastrophic implosion of the titan sub -- submersible. this is showing pieces being loaded on to a sub in newfoundland. the sub was on the its way to the wreckage of the titanic when it imploded around 13,000 feet or so under water, killing, of course, all five people on board. in the days since, experts have raised questions about the experimental materials used in the building of the sub, and multiple agencies continue to investigate the sub's final moments. mccarthy's verbal whiplash,

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with 1/4 moisturizing cream, dove is the #1 bar dermatologists use at home. house speaker kevin mccarthy is making a major about face after his surprising comments on former president trump's chances in the 2024 race on cnbc. >> do you think he could win an election? could he win an election? >> yeah, he can. the question is he the strongest to win the election. i don't know that answer, but can somebody -- can anybody beat biden, yeah, anybody can beat biden. can biden beat other people, yes, biden can beat him. >> he got major backlash from trump world. now mccarthy is telling breitbart news, trump is stronger today than he was in 2016. and "the new york times" reports mccarthy called the former president on tuesday with two people characterizing that conversation as an apology. nbc's ryan nobles is on capitol hill for me, and also with me is

former aide to george w. bush, white house and msnbc political analyst, elise jordan. i'm glad to have you both here. this is most curious, ryan. walk us through what the house speaker is saying today in the fallout on the hill from his comments. >> reporter: yeah, alex, it's been an interesting 24 hours for kevin mccarthy, and it perhaps encapsulates how difficult his job is as speaker of the house, he had to walk back his comments that may have been a rare moment of honest as how he assesses donald trump as the leader of the party. the fact of the matter is it's difficult for him to cross trump in any way, shape or form because the bulk of his support is enjoyed by people who are very loyal to donald trump. today mccarthy was at an event in ohio, donald trump didn't even come up. this was after mccarthy was quick to try and walk back those comments, suggesting that he

still believes trump is a strong candidate and went out with a fundraising pitch where he called donald trump the strongest candidate. you know, kevin mccarthy probably is happy that right now the house is not in session where he doesn't have to meet up with some of these freedom caucus people who are so loyal to trump face to face. the real question, alex, is what's going to happen when they come back, the conservatives are pushing for a number of measures that would provide donald trump air cover as he deals with legal battles, and heads into the 2024 election. among them, a resolution to expunge his two impeachments, pushed by marjorie taylor greene and elise stefanik. it's not worth the paper it's written on, but one of the symbolic gestures to suggest he somehow wasn't impeached, which would not be the fact. and this is something that kevin mccarthy now may be forced to bring to the floor sooner rather than later to appease a bit of angst from his most conservative

supporters in the republican conference. >> facts don't typically matter with donald trump. let's go to you, elise. what do you make of speaker mccarthy's comments on trump? what does his quick reversal say about the hold the former president continues to have on the party? >> it shows how donald trump still is the power, the force to be reckoned with within the republican party. you look at his lead now among the republican field. it is to historic proportions at this stage in the primary. he is the clear front runner, and kevin mccarthy is scared of his own shadow, and scared of even slightly attacking him. and of all the attacks that he could have wielded, that just seemed like one i wouldn't have broached given that the polling for biden and trump these days is neck in neck nationally, and going to come down to these five battleground states that donald trump lost to biden, that he had previously won back in 2016.

i think of all the things kevin mccarthy could have criticized donald trump, perhaps his legal problems, saying that he wasn't necessarily that strong. i just, i don't really agree with that one. >> let me ask you also about the new comments from former republican congressman liz cheney talking about former president trump. here it is. >> do you think he can be reelected? >> i think that he must not be. i think that nominating him will require -- will result in the republican party splintering, as it should. >> it's really important for democrats to take him seriously. you know, there can be a tendency, i see sometimes for people on the democratic side to say, well, look, sure, the republicans will nominate him. the republicans are a mess, but we'll be able to beat him in a general. and that is playing with fire, and it's a risk we can't take. >> what do you make of cheney's

warning for the future of the republican party there or even just her analysis of the present republican party? do you agree with her? >> absolutely. liz cheney is dead on, and something that i have seen among democratic -- some of the pundits lately, it sometimes to be a little complacent that donald trump is easier to beat than he would be, you know, say in 2020, and again, it -- really, 2020 was an extraordinary circumstance, and it was still so close, and liz cheney knows that it takes to be successful in the republican politics. she took a huge risk that she knew was going to force her out of office, defying donald trump and taking such a strong stand against the insurrection that he incited on january 6th, and she knew what the political consequences would be. and so now, she really is just giving a wake up call that this is not the time for complacency, if you believe that donald trump is an existential threat to

american democracy. >> yeah, absolutely. she took a risk, but i bet she sleeps well at night. there you have, ryan nobles, thank you so much, elise, you're going to stay with me. i'll see you in a moment. daniel penney, will his defense strategy stand up in court. we're live outside that courthouse, and we'll speak with a criminal defense attorney next. iminal defense attorney next ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ subway's still upping their game. show us how stephen. chuck you got to admire belgioioso fresh mozzarella on standouts like the boss. it's hard being that cheesy. but you make it look easy though. try the subway series menu. their tastiest refresh yet. power e*trade's award-winning trading app makes trading easier. with its customizable options chain, easy-to-use tools and paper trading to help sharpen your skills, you can stay on top of the market from wherever you are.

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subway choke hold death of jordan neely, the former marine is charged with second-degree manslaughter and criminally negligence homicide. nbc's emilie ikeda is here with us, and i'm joined also by nbc news legal analyst, and defense attorney, danny cevallos. welcome to you both. bring us the latest from the courtroom, what all happened? >> reporter: we know 24-year-old marine veteran daniel penny is out on $100,000 bond. he arrived to the courthouse behind me shortly before 10:00 a.m., and he appeared stoic, looking forward the whole time inside the courtroom. he firmly told the judge not guilty when it came to those charges you mentioned, second-degree manslaughter and criminally negligent homicide. if convicted, the 24-year-old could face up to 19 years in prison. penny's legal team stopping by to speak with a throng of media shortly after the fact, and saying that they are confident that jurors will see things their way that, he acted in self-defense, as penny has said in recently released series of

prerecorded videos, when jordan neely was threatening passengers on board. on the flip side, we heard from jordan neely's family's legal team saying they are vowing to achieve justice for the homeless street performer who they say had been suffering from mental illness. they say any reasonable person would know that a choke hold of that length would result in a death. here's more from them. take a listen. >> penny killed a man. he took a life. for everyone who thought donating $3 million would somehow make this go away or buy his pass, it's not going to happen. >> reporter: both legal teams agree to keep the identity of the witnesses private. we still don't know if we'll see daniel penny take the stand when it moves to trial. the next court appearance, the next hearing is scheduled for october. in the meantime, lawyers from both sides will be reviewing

mounds of evidence and discovery, which we're learning includes not just the one cell phone video, showing the altercation aboard the subway training, but actually five different cell phone videos. more information expected to come, alex. >> thanks for that. she has outlined what went down in the courtroom and what happened, comments from legal teams, but something super interesting also happened, and that is daniel penny himself took this very rare step of making a recording defending himself before we went into the arraignment. take a listen, take a watch. >> we were all scared. mr. neely was yelling in passenger's faces and they look terrified. the reason there was no video, people were afraid getting away from them. i was hoping the police would come. i don't want to be put in the situation, but i couldn't be still and let him carry out the threats. >> given your expertise, is this something you think is a good

strategy? >> i assume this was not a random selfie, he got the magic word in there. threat. the default position is don't ever say anything to law enforcement. don't say anything like this. don't put a video out, but at the same time, sometimes if managed well, you might be able to get in front of an issue, and in this case, as long as he gets the magic words in, that he felt threatened, that is the key. it is critical to his self-defense. and in new york, new york has a very very defense favorable self-defense law, they call it justification. the burden is on the state to disprove self-defense beyond a reasonable doubt. but the issue is also that penny has to show that he believed, he was going to use force, the victim was going to use force, about to use force, that force

was eminent on something else or himself, and so far, i haven't heard anything about a raised fist or movement or anything like that. if jordan neely was just in the subway shouting, that is going to be a really close call, and the only thing that may save penny might be just the fact that new york state, the state the prosecutor's have the burden beyond a reasonable doubt, and that can make the day. >> you've outlined the use of the word threat in this video. that potentially is a benefit to him, but what are the risks that remain having put out this video? >> anytime you say anything, even a statement given to police afterwards or anything on social media like this, you run the risk of locking yourself into testimony. so the defense and penny better be comfortable that whatever he said in that video is now etched into granite, it may come back to bite him at trial, and he knows that he can not testify inconsistently with anything he says. that video itself, relatively benign, basically talks about the threat, he doesn't really lock himself into anything.

at the same time, he says anything inconsistent, if he testifies at trial, the state is going to figuratively bash him over the head with that. thousands of americans are dealing with a travel nightmare at the airports nationwide. flight aware reports roughly 4,500 u.s. flights have been cancelled or delayed today as severe storms are moving through the country. at the same time, heavy, dangerous wildfire smoke is encroaching on major cities, moving in from canada. then you add a record setting heat wave. that's growing, spreading up from the south. let's go to nbc's antonia hilton, joining us from boston logan airport. talk about the situation there. i can see a number of people behind you. let's just say that. >> reporter: that's right, and to my side there have been children and families sleeping on these makeshift, very thin, green cots that staff here at logan have been handing out to people because there are some

people who have been stuck here in this airport now for days. i just spoke with a woman who's been here for three days, struggling to get back to her home in amsterdam. that's sort of the level of chaos that we're seeing here. about 800 cancellations across the country. just today, more than 50 of them here out of logan airport alone, and this, of course, right as people are getting ready for the busiest travel week in the summer, take a listen to my conversation, with some of the folks here who have been struggling. >> i'm on stand by, 2:50, if not, i have to stay here three nights. >> three extra nights that you have been stuck here? have they given you any help? have they put you up in a hotel? >> $15 vouchers. >> reporter: $15 vouchers? >> yes. we called hotels 20 miles out.

everything was booked. >> reporter: hopper estimates that for july 4th, starting tomorrow, we're going to see about 24 million people depart from airports across the country, and so the best advice from experts now is if you're trying to travel with weather complications around the country right now, you should try to add in an extra travel day or at minimum, get to the airport early so you can get ahead of some of these challenges. if you have a special event, a wedding this coming weekend, you do not want to be one of the people stuck here sleeping overnight, alex. >> you tell me about it, i had two flights cancelled earlier this week, barely made it back to be here with you. on the heels of that, i want to bring in nbc meteorologist bill cairns. let's play some of what chicago officials have to say about the smoke there? >> they just want to continue to push out the message that if you feel symptoms that could be potentially caused by this poor air quality, i want you to call

911. this is what we would call an extreme. we have extreme heat, extreme cold. this is extremely poor air quality. >> so is the situation just as dangerous as it was a few weeks ago, and how long do you think the smoke will be in the country? >> i would say it's about 3/4 of the density of what we had on the east coast, which is still really bad. if you talk to people, they can smell in the air. smells like a wildfire nearby. some cases it even smells like plastics in the air. this is now expanded too. we're up to 127 million people. that's roughly one out of every three americans is under an air quality alert, minneapolis, new york city, washington, d.c., baltimore, philly, raleigh, also, and as we go throughout the day, the worst of the smoke is now around chicago, coming down, indianapolis, to cleveland, through louisville, lexington, the cincinnati area, and it disburses a little bit, but the air quality is going down pretty quickly now in areas of the mid-atlantic region. tomorrow, you don't see the bright white, the smoke, it's

going to disburse a little bit. things will you've. -- improve. here's how we're looking right now, detroit, indianapolis, in the unhealthy category, the red from green bay to chicago to columbus, and now we're starting to watch it tracking to the east a little bit. pittsburgh is now in the very unhealthy along with cleveland, harrisburg, pa, d.c. just moved into the yellow. tonight, more of the orange. still very good air quality in new york to albany, to hartford, to boston, that tomorrow will probably be in the yellow or orange. not the very unhealthy, but for sensitive groups, those are the people that will struggle and, of course, alex, this heat isn't going anywhere either. it's staying brutal. >> i want to ask you first about the storms. how long are they going to be disrupting travel like this? you heard antonia saying this is the busiest summer week of travel. that doesn't sound great. >> we have been in the pattern of strong thunderstorms each afternoon, especially over

highly populated areas yesterday, d.c., philadelphia, the day before that, the new york city area. that is changing, we're going back to typical scattered storms. if you have air problems, likely it won't be because of the weather in the next couple of days. >> but the heat, you mentioned that. look at the colors there. i mean, that hot pink, you never want to see that. how far will that spread, and how long will it be around? >> the thing that's changing, we have been focusing on texas, and now it's shifting and moving. that's great for texas. you're going to cool off over the next couple of days. 108 in new orleans. pensacola, up to 111 in the shade, that's rough. and this is moving through little rock, and tennessee, mississippi, and through areas of georgia. now, when they talk about the heat, we really worry about when it gets above 100. when you're in 90 plus, it's extreme caution from amarillo throughout southeast. but when we go 103 plus, that's where we still worry about, you

know, again, it's the sensitive population groups that are outside that aren't used to it, and can't deal with it as well. and it will stay hot through the weekend, but not quite as bad. you know, we're in the 90s in atlanta. richmond jumps into the 90s. more of what we would say typical fourth of july weather instead of this extreme stuff we have been dealing with the last couple of weeks. >> everyone has to hydrate with water. that's the best defense there. bill, thank you so much. former president trump exploring ways to mess with the first gop debate. nbc news has some brand new reporting on how he plans to do it. that's next. but first, here's some big news from the world of gymnastics, everyone, the g.o.a.t. is ready to make her return. superstar and four-time olympic gold medalist, simone biles is set to compete in the u.s. classic later on this summer. it will be her first sanctioned event since the 2021 tokyo games when she brought worldwide attention to the mental health struggles of professional athletes. we're back in a moment. s of pro athletes we're back in a moment re and my? we're exploding. but my old internet,

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donald trump might have some plans of his own for the night of the first republican primary debate. the former president is looking into potential counter programming while he still weighs whether or not to ditch the stage. one trump adviser telling nbc news that quote, he shops opinions with everyone, and will get like a hundred different opinions. he wants to know what everyone thinks but will ultimately do what he wants to do. in general, he's asking everyone from the bellmen to rnc chair

ronna mcdaniel. let's bring back in elise jordan. another welcome, if trump does this, does that make the rnc powerless if he's going to make up his own mind based on whoever he speaks to? >> i just checked with the republican operative who's far more well versed in the rules of the rnc, and apparently there's nothing that they can do if trump decides he doesn't want to debate. you remember back in 2016, he famously set out a debate, and decided it was to his advantage to get back in there, but it seems to be that the way the debates are set up and the rules, it's going to be a question of the lesser polling candidates getting on the stage, versus donald trump deciding he's not going to do it, and being penalized in any way. >> in terms of things we remember, one of the considerations for trump is he pledged to support the eventual 2024 republican presidential nominee, and it brought me back to this coe moment from the fox news 2015 gop primary debate.

take a watch. >> is there anyone on stage, and can i see hands, who is unwilling tonight to pledge your support to the eventual nominee of the republican party and pledge to not run an independent campaign against that person? again, we're looking for you to raise your hand now, raise your hand now if you won't make that pledge tonight. mr. trump. >> there you go. so if the rnc is committed to this pledge, should we count trump out of most debates or could he commit and then back out later? >> i think, alex, it's less about the pledge than it is why would donald trump have any incentive to debate right now when he's so much ahead of the rest of the field, really only gives him an opportunity to make mistakes rather than to gain that much, and his opponents stand to potentially gain by ganging up on him on the debate stage, and he knows that, and so there's just very little

political incentive for him to get into those debates and so why do it if you simply don't have to. >> let's say that you are, though, a candidate considering debating, how do you approach this? do you focus your attention on desantis? do you keep it on trump? if i were advising a candidate, i would say to keep it on trump because he is the top candidate right now. do not chip away at his numbers. no one is going anywhere, and it's just been kind of a farce to see all of the candidates beating up on the number two when go after the guy who's the leader right now. go after the guy that you've got to bump if you want to get the nomination. to me, until donald trump, someone makes a real dent in his armor, i just don't see it as a winning strategy. >> you know, there are already more than a dozen people in this race. "politico" says it is due to ego, pure delusion and fantasy, writing, quote, the hottest club

in gop politics right now is the party's presidential primary, the calculus of every long shot is that anything could happen. what's your take on it? do you think we could still see more people jump in? >> i think you could see more people jump in, but in their estimation, why not jump in. they stand to, you know, broaden their national name i.d., and they probably can get lucrative contracts afterwards and so just from the personal, you don't mind getting beat up and public scrutiny, that it requires to go through such a grueling process, then why not do it. but also there is something to be said about this could be one of those elections where something just happened suddenly. you have both of the two front runners on both sides, president biden and former president donald trump are of advanced age, and you simply could have a health spoiler, and you could also have a big legal spoiler, given all donald trump's

numerous problems, and he could survive the battle, but he also could be knocked out an insant. >> instant, and we don't know makes it more enticing for the candidates. >> if there's a conviction, you don't know what that would be. elise jordan, thank you so much. donald trump is counter suing e. jean carroll, claiming she defamed him on television. a new york jury found trump liable for sexually abusing carroll in the 1990s. in the counter suit, trump alleges that statements carroll made after the decision for the manhattan jury were made quote with actual malice and ill will. carroll's attorney said in a statement, nothing more than his latest effort to claim accountability for what a jury has found to be his defamation of e. jean carroll. a new malaria warning.

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actor sands, human remains found on a mountain outside of los angeles have been positively i.d.'d as those of the actor. sands, an avid hiker had been missing since january. a cause of death remains unknown at this time. he is best known for his roles in several oscar nominated films, including a room with a view, and leaving las vegas. other credits include arachnophobia, and oceans 13. julian sand was 65 years old. there's a new warning after the u.s. documented five cases of malaria, but here's what makes these unique. all of these infections were acquired locally, meaning they are not linked to travel outside the country. now, it's the first time that's happened here in 20 years. as nbc's kristen dahlgren reports, the cdc just put out a public health alert about it. >> reporter: calling malaria a medical emergency, the cdc says the cases were hundreds of miles apart, four in florida and one

in texas. no evidence to suggest they're related. but what they do have in common is no link to travel abroad. the last time malaria was transmitted locally in the u.s. was 2003. the cdc says mosquito surveillance and control have been implemented. malaria isn't contagious, but the parasite that causes it is transmitted by certain mosquitoes. >> physicians are not going to be thinking about malaria in someone who has not traveled. if the fevers persist, and they can't find another cause, it should be considered. >> fever, chills, headaches, and fatigue are the most common symptoms. the recent cases were plasmodimu vivax, while the cdc considers the risk of locally transmitted malaria low in the u.s., it warns of increased danger with the rise of international travel this summer, and many doctors worry climate change could make things worse. >> the warm temperatures are

important for the mosquito population and will give rise to a larger population. >> reporter: the cdc urging a plan for rapid access to iv artisinate, the treatment for malaria, and limiting mosquito bites by covering up, using repellant, and draining standing water, which serves as breeding grounds. the latest patients all reportedly covering, but the cdc wanting everyone from physicians to the public to pay attention. >> thank you so much for that. well, first, it was netflix cracking down on password sharing, but now there's new reporting, costco is getting tough on customers sharing their memberships. cnbc's melissa is joining us for cnbc on msnbc. what do costco members need to know about the possibly changes? >> costco members may notice their membership cards are getting a closer look, especially when they use the

self-checkout aisle. as it's expanded self-checkout to more of its nearly 590 clubs in the u.s., it said it's noted an up tick in shoppers using cards that belong to other people, like their parent, friend or neighbor. the company says we don't feel it's right that nonmembers receive the same benefits and pricing as our members. costco said it's asking to see a membership card that includes a photo or another kind of photo i.d. costco is paying more attention to this in part of the business model. instead of making money from selling items, it makes most of its money from membership fees, something that helps to keep prices low. that's $60 a year or $120 a year for higher tier executive membership. this stepped up enforcement as costco and other retailers are earned more pressure. costco and walmart owned sam's club attracted more members during the pandemic as shoppers loaded up pantries, and more recently have turned to them for

cheaper food and gas as inflation remains high. its sales and membership income has held up well. costco's net sales rose 2% year over year to $52.6 billion in the most recently quarter that ended may 7th. chief financial officer richard gilante, says customers have seen customers purchase fewer items. and costco has held off in a hike in membership fees. >> understood, we'll see how this goes down. melissa repko, thank you for that. that does it for us. check out my colleague stephanie ruhle's exclusive interview with janet yellen. watch the 11th hour with stephanie ruhle, and make sure to joining us for "chris jansing reports" every day from 1:00 to

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good to be with you. i'm katy tur. do not sleep on jack smith or his office which looks to be working double time, gearing up for trial in the classified