it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. >> this is the katie phang show, comcast business, powering possibilities. live from msnbc world headquarters in new york city. we have lots of areas to cover and lots of questions to answer, so, let's get started. >> the shooting was racially motivated, he hated black people. >> rampage of hates, alone white gunman shoots and kills three black people in jacksonville, florida, and what the fbi is now investigating as a racist hate crime. the killer leaving behind manifesto zone using weapons of war marked with swastikas. we're live with the overnight

developments and how hurting community is coping with a second deadly mass shooting in five years. that's ahead. crowded calendar, it's a busy week for the twice impeached, -- and some of his closest allies. at the same time, the washington post the federal judge will be setting a trial date in the election conspiracy case. a georgia federal judge will be deciding whether former white house chief of staff, mark meadows, can move his case to federal court. msnbc legal analyst, barbara mcquade, standing by to help us sort through it all. later, healing and hawaii. the spirit of aloha shining as molly continues to recover from the deadliest wildfire in modern u.s. history. we'll talk about what one woman who opened her home to nearly two dozen wildfire survivors. all of that and more is coming up.

and the good sunday morning to you. i'm katie phang. we begin at the break came is out of jacksonville, florida. the fbi overnight opening a hate crime investigation into what local law enforcement is calling a deadly, racially-motivated mass shooting. police say a white man in his twenties drove 40 miles to the campus of edward waters university, located in a predominantly black neighborhood in jacksonville. after being asked to leave by an on campus security officer, the shooter drove to a local dollar general store where he opened fire inside killing three people before turning the gun on himself. the shooter has not been publicly identified yet. we're told he donned a tactical vest and was armed with a glock handgun and ar-15 semiautomatic rifle painted with swastikas as seen here in these photos provided by the jacksonville authorities. the alleged shooter's parents

contacted the police after receiving a text message telling them to check his computer. >> the shooter had several manifesto, is one of his parents, one for the media, one for federal agents. portions of these manifest as detailed the shooter's disgusting ideology of hay. plainly pai, the shooting was racially motivated and he hated black people. >> the shooting was a jarring just a position to the 60th anniversary celebration of the march on washington simultaneously taking place in the nation's capital yesterday afternoon, where black leaders spoke out about the tragic event. >> we must end gun violence. >> we feel the pain of living in a country where gun violence is the leading cause of death for children. >> now, gun violence has come for places of worship, our schools, and our shopping

centers. >> nbc news correspondent, marissa, joins us live from jacksonville florida, good morning, marissa, what are you hearing in the latest from local authorities. >> katie, good morning, a heavy morning here in jacksonville. the overarching theme, from what we're hearing from authorities is that this was racially motivated and that this was planned out. the shooter had a tactical vest on, hid swastikas drawn on the gun that he had on him. he had messages, racist writings. before we go into some of the details there, i want to set the scene here and provide some context. as you mentioned, this is a predominantly black neighborhood where we are. on the other side of the camera, what you cannot see our homes. this is a very residential area on the other side of this. so, what world so noticing here and what we're talking about is this timeline here. authorities put out a timeline saying he had told his father to check his computer and that

his family called the sheriff's office within the hour, the shooting and already begun. this is just for two pm yesterday. you talked about the messages, some are calling it a manifesto, those are the words used by the jackson sheriff office yesterday saying the shooter had used the and word repeatedly throughout his messages. so, remember, the shooter has not been publicly identified here. you can see the crime scene unit still on scene. many hours after the shooting they're still investigating this area, still roped off behind me. we want to tell you some details we've learned about the shooter, again, has not yet been publicly identified. we're told by the sheriff's office he resided in clay county with his parents. he was involved in the 2016 domestic call. something that's catching a lot of attention online, particularly on twitter, and now known as x, if you see, in 2017, he was involved in a -- those in florida may know this,

florida's baker act allows kremlin individuals to receive mental health services, emergency services, temporary detention upwards of 72 hours. katie, so many questions remain, especially as we're still waiting to learn the identity not just of the shooter but most importantly of those victims. three victims, all of them black, two men and women. of course, as we know more, we'll share that with you here. >> marissa, thanks for getting us started this morning. let's go ahead and bring in florida state senator, tracey davis, represents duval county, which includes the city of jacksonville. the citsenator, thanks for jois this morning. you were born in jacksonville. you're a lifelong resident of that city, also raised her children there. so, how are you reacting this morning after the news of yesterday's tragic shooting? >> good morning, katie. thank you for having me. actually, i'm still processing it. watching it, there it hits home all over again.

you're right, this is my community, orange, red, been in jacksonville all my life. it hurts, it absolutely hurts. like many people here, we're still processing it. we are devastated, heartbroken, and it just hurts. >> senator, i know you have a role officially as a state senator. i see your motion. you're a woman of color, you're a black woman who lives in this community. the shooter targeted the black victims specific with messages of hate. how does the community process the fact that somebody like this, this white male shooter, can come into a place where unsuspecting victims are shopping on the saturday afternoon and that he wanted to kill them just because of the way they looked. >> as we're processing it, i

wake up today and the only thing i can say is those three people were gunned down because they were black. we're in 2023, we're dealing with racial issues like this. it is devastating, it's absolutely devastating. simply knowing that you're targeted because of the color of your skin, the state of florida has to realize that we, as a legislator we have to put policies in place, policies lawyer in law that have been cited behavior like this. that's what i truly, wholeheartedly, and personally believe. >> it's not just the policies and procedure though, right? there are laws in our state of florida, my home state is all in florida that have

facilitated, have eased the way people can get their hands on firearms. you are part of that state legislature, how does it feel to be a part of a community that's been under attack now, that has been devastated with these losses, and to know that these laws keep getting past in your state that allow for the ease of gun access? >> again, it's a fire. over the last several years, we have been emphatically, we, my democratic colleagues, emphatically have been fighting, yelling, screaming about things that we know the laws that were being placed on the books in our state, how devastating they would be for communities of color, black people, brown people. we are talking about people that are already in a

despairing situation of life. we add books, add laws like permit-less carry to the books. we're giving people selfish insights to being safe when they're not being safe. this is a perfect example of what we do and what we vote on, what we put in law, and how harmful and hateful it becomes when it's put in the hands of someone that can identify themselves as someone who's having mental health issues. this was a hate crime, it was targeted, as you've already said, digital impala, the n-word in his manifesto, just to make sure we understood that he was targeting black people.

so, we've incited this with the laws we have on the books with that permit-less carry. but it's more than us doing something. it's more than the legislature feeling sorry, the legislature did this, the legislature can undo this. >> florida state senator, tracy davis, i appreciate you taking time to join us on such a difficult morning. my condolences to your grieving community of jacksonville, thank you for being here. >> thank you, katie. >> other breaking news we're following this morning, at least three united states marines are dead, five others are injured after a military crash during training exercises off the northern australia coast. 23 marines or aboard the osprey aircraft when it went down near melville, island. msnbc correspondent, serge ames, joins us now, live from melbourne, australia. sarah, what more can you tell us about the circumstances

surrounding this osprey crash? >> well, the investigation is underway at this hour. to exactly what did cause the crash of that aircraft, we know is transporting troops and is participating in a military exercise called exercise predators run 2023. that is an international exercise, a training exercise that was going on that included the united states, australia, indonesia, the philippines, and east -- 2500 troops and all who are participating in this exercise. obviously, something went wrong. they don't know exactly what it was that caused this osprey to crash. what we can tell you is that the response was really swift. the tea we islands are off the north coast of australia, about 50 miles from the city of darwin. darwin is not a large city, about 150,000 people. they responded swiftly.

they put the hospital and what is locally called a code brown, basically the highest level of emergency response they have. they broaden personnel from everywhere. they were affected in a positive way because there had been wildfires and there is an alert for those so they had personnel who were there to respond to the wildfires. they were able to deploy them to help the military personnel who were responding to that crash. we heard from the police commissioner in the city of darwin, also the top minister in that state. the prime minister here, anthony albanese, he's been briefed. he called it a tragic accident. the u.s. embassy responded just a short time ago and in a response, said in part, their thoughts are with families and friends of the three u.s. marines who were killed. they're hoping for a full and speedy recovery for the five who remain in the hospital. that's what we can tell you this hour. >> serge ames, i appreciate you joining us from melbourne to give us the latest on that.

thank you very much. also, breaking news, out of russia, authorities there say genetic testing confirms that wagner russian mercenary leader, yevgeny prigozhin, was killed in a plane crash last week. he was among ten people who are boarded the jet. there were no survivors. we'll have much more on this throughout the morning. right here on the katie phang show. coming up next, meadows hill may or may, what to expect at tomorrow's last-ditch push for mark meadows to get his georgia charges moved into federal court. why the most indicted present of all-time his handpicked alternate supreme court, may ultimately have the final say. you're watching the special extended edition of the katie phang show, only on msnbc. , only on msnbc. game today? (hero fan) i have to watch my neighbors' nfl sunday ticket. (josh allen) it's not your best plan. but you know what is? myplan from verizon. (vo) football season is here. get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5. only on verizon.

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weeks since the deadliest wildfire in modern u.s. history forever changed lives of the landscape of maui. some families are still holding out hope that their loved ones will be found. at least 115 people are confirmed dead. officials are ramping up their search for the 388 people who remain unaccounted for as of this past thursday. on friday, hawaii governor, josh greene, announced that displays residents living in temporary government subsidized hotels and airbnb's can stay where they are for the foreseeable future, saying that as long as they registered with the red cross, their state

could extend to at least 36 weeks. some residents who live outside of lahaina are generously opening up their doors including my next guest, who has housed 22 people and is raising donations to help the wildfire survivors. joining me now, robin, cofounder of ignite ally foundation. robin, thanks for joining us this morning. at one point, you actually took in 22 wildfire survivors with barely more than the clothes on their backs. so, how many people remained with you today? what are you learning from listening to them about their experiences? >> right now, there is still a boat 16 of them there. it turns out more families, their big families, extended families. so, they will find out that someone else cannot stay with someone else and a longer or they need a babysitter. so, i believe those 18 of them now. they did have a brother fly in

from another island that came. there is still one of the family members that's missing. the father that they cannot find. they're still coming together to kind of console everybody, to search for the last remaining percent of their family. so, yeah, 18 or 19 of them now still living. there is such humble and amazing folks. the place looks kind of like a youth hostel with beds everywhere and just their little small pile of what they have that theirs. in one corner of the room, so, amazing folks. everyone has come together. we're just honored to be able to help them in any way that we can. >> robin, the people that haven't actually left, your generosity is incredibly no worry. the people who haven't been able to leave, is it because they don't have homes to turn

back to? >> yeah, these folks that we have here, they lost three homes. they're completely devastated. i mean, demolished, there is nothing they can go back to. there were extended families all loving this one area of these three homes. one home is still fanning iv home and the family had actually not been able to get in contact with the people in that fourth home. it was the mom and dad. they had actually been babysitting their grand kid and for two and a half days, this family was not able to get in contact with the mother and father and the two year old baby. that was hard enough to have that two and a half days of wondering if they're alive or not. but luckily they wear alive. they were okay. the family was reunited.

like i said, there are still looking for one family member, so, everyone has come together, everyone, they don't worry about anything, they have a roof over their head and there were sometimes three people in one queen bed. wall-to-wall beds and wall-to-wall people. they cover each other. we actually had a family visiting, my son is attending the university of -- as a medical student, first year medical student with his wife, kristen, who's an ultrasound stenographer. we actually had donated our house to a family from kentucky that we met because the house was in between renters, a long term renter and there was a gap. we donated the house to this family from kentucky. that family was actually staying there during the

disaster here on maui. they were all in there together. the family from kentucky cook the first meal for everyone. after that, the family here was just cooking meals for everyone until the family did depart. but there is this unending camaraderie of everyone on the island that has gotten together, all the local folks, when the roads are blocked, they brought supplies via jet skis or via the ocean, the about, the small boat ramps or one around to the more difficult back side of the island to get their. even brought things in via plane. it's awful for lahaina. it is just awful. but the problem is that now there is this domino effect that's actually affecting the whole island and everyone there. hotels are at lower capacity,

people are losing their jobs. rental cars are piling up, kind of like it was when there is covid here. the people that work at the rental car agencies are getting laid off. it is just, we're still searching for people, the children, they've been displaced. you know, several -- one of the big schools in lahaina completely burned down. it's really sad for the community here. it is devastating, it's really really devastating. our foundation that my son started when he was 15, ignite ally foundation, we're on the ground here, we're doing whatever we can, the list of what's needed to supply, it just changes because the community, they'll say, we need one thing and then they'll get that one thing. immediately after that, they're

like, no, no, we're good with that one thing, we need something else. so, we just switch off. >> robin, you and your family have a history of just being so generous and with charity. if people are interested, your nonprofit is called ignite a life. you're giving all of the proceeds and donations to people directly in maui. you're there, you're not only giving up your home and your space to help these people, you're also giving them hope. robin, thanks for joining us this morning. i really appreciate you. thank you. >> thank you so much, katie. i appreciate your time. >> yes. coming up later, hate crime, the latest on the racially motivated tragic shooting in jacksonville, florida. the lingering questions about how the shooter was able to get his hands on multiple firearms after being involuntarily committed for mental health issues in 2017. you're watching the katie phang show, only on msnbc. , only on msnbc.

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the breaking news out of jacksonville, florida. the latest we know right now is that the fbi is opening a federal hate crime investigation after white man wearing a tactical vest and armed with an ar-style rifle and a glock handgun with swastikas drawn on them opened fire inside $1 general store, killing three black people, before killing himself. the jacksonville sheriff's office says the killer left manifestos for his family, the media, and federal law enforcement. officials called the attack racially motivated and that the man, quote, hated black people. police also say the shooter was involved in a 2016 domestic violence call but was not arrested. just a year later, he was involuntarily committed to a mental hospital for examination as part of the states baker act. that act enables families to get emergency mental health care for their loved ones of their unable to get it for themselves. in a statement released by the

naacp, the organization notes that the shooting falls on the 16th anniversary of the march on washington. saying, in part, the tragedy is a reminder of why we march. joining me now is wisdom coal, national director of naacp youth and college division. i appreciate you taking the time to join us, of course, not under these particular circumstances. i noted that the shooter in this case actually went first to an hbcu in jacksonville, was turned away by a very alert security officer on campus who then reported it to jacksonville sheriff's office before he went to the dollar general. i mean, crisis or tragedy wasn't averted because we lost three lives yesterday. what are your thoughts about the fact that the shooter went straight to a school first, a college campus, historically black college or university. >> you know, this is a sad day in america. americans, particularly black

americans continue to live in fear for their lives every time we leave the house. we're not safe in the church when we run for errands. we're not safe in our universities and schools, were not safe at the movies. what kind of world is this to raise young people in? you know, we're happy young people at the university are safe. what type of message does that send to them in their local community when they're coming to shop for goods and groceries, getting services. it's important in this moment in time that we really push our politicians to send a clear message. governor desantis spent more time attacking black history than creating a safe community for floridians. >> wisdom, let's take a quick listen to the jacksonville sheriff, his name is t k waters, on this being a targeted attack. take a listen. >> targeted a certain group of people, that's black people, that's what he said he wanted to kill.

and that's very clear. and i don't know that the targets were specific. i know any member of that race at that time was in danger. >> wisdom, these are people that are shopping on the afternoon. they're going about their lives. we're at a point now where there is nowhere safe, schools, shopping places, churches, movie theaters, there's nowhere you can go where you are safe. the fact that this is a particularly targeted group of people and that he drove more than 40 miles to do it. your reaction? >> the fact that this happened on the anniversary of the march of washington shows we're consistently fighting the epidemic of racism today that there is nowhere safe for black people in -- fight for our protection, fight for our family, fight for children who are -- doing everything to make sure we are protecting the future of our community, but also

ensuring that we're making the right decisions to ensure that there are bans on the salvo pins and that young people and all people have the freedom to live their lives. >> i know part of your focus at the naacp is on the youth. is there any message that you have? i know it can be very hard for people to wake up today, listen to this news, and say, it's tough not to feel defeated, right? it's tough to look back on the 60 years and think, where did the progress not happen? what happened? is there a message you want to send to the community of jacksonville right now that's reeling from what happened yesterday? >> you know, our thoughts and prayers are with the jacksonville community. we have to do everything in our power to ensure that we see a better future and see a better outcome, that we do not see this happening in our communities anymore. it's up to us to ensure that we continue to lead the way. people are coming with

innovative ideas, solutions, and ensuring that this no longer happens in america. >> wisdom coal from the naacp, i thank you for joining me this morning, i appreciate your insight. >> thank you. >> still to come on the special extended edition of the katie phang show, the indictment effect, new polls are actually signaling that americans are taking the legal cases against the former president seriously. why could have a devastating impact on his gop front runner status. my sunday morning political panel is ready to go. keep it right here, we are watching msnbc. watching msnbc (josh allen) it's not your best plan. but you know what is? myplan from verizon. (vo) football season is here. get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5. only on verizon. (dad) we got our subaru forester wilderness

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trial before next year's election. that isn't stopping the graft. the former president breaking in seven point $1 million in a record fundraising hall after his latest arrest and booking in fulton county georgia three days ago. according to people familiar, trump raised over $4 million on friday alone. joining me now, stuart stevens, senior adviser at the lincoln project and the author of the new book that's coming out this fall, conspiracy to end america, five ways my old party is driving our democracy to autocracy. daniel moody joins me here on site, host of woke af daily, the host of democracy-ish podcast, and the daily beast new abnormal podcast. both of you are overachievers, you're joining me this morning. stuart, i'm gonna start with you. those numbers are absurd, right? donald trump making over $7 million, merchandizing his mugshot. stuart, what is the say to you about his power? those poll numbers are not great, but the dollar doesn't

lie. >> yeah, look, i think there is a reality here that we have to accept that donald trump is more than any other candidate running for the nomination what the republican wants to be. what's at the core of that? the core of that is the sense of grievance, of anger, there is some victimhood to being born in american. a very pessimistic future. there is a conspiracy out there to get us. what greater proof of that conspiracy then here, you know? all of these law enforcement agencies across the country are indicting our guys. not because he did anything wrong, it's because they're out to get us. it's a completely consistency to it if you get inside their heads. their attack on the rule of law, attack on the justice system, the fbi, local prosecutors to the justice department. so, in a strange and crazy world, for them, this just plays out as it should. they have to fight it. >> danielle, look, something

that disturbs me 11 those mugshots came rolling, and i was in fulton county, each time someday surrendered, we post the mugshots for fulton sheriffs county -- a lot of them are smiling. it's not funny. these are felony charges, you can go to prison for years in georgia. does not have a nice prison system, let's be honest. what is it that trump's allies, his codefendants, especially the fulton county case, think is funny and it's okay to smile during a mugshot? >> there's something very sinister about the republican party is a whole. they are based in this idea of cruelty. when you see these mugshots, what i see are comic book villain's, right, that are proud. they're not ashamed. you shouldn't people get mugshot taken, their mortified. this is the worst day of their lives. but for the republican party, they're turning this into being a badge of honor. you can disrupt our democracy, an attempt to overthrow our government, and all will be well. they don't think they're gonna

have consequences. they're saying this is an opportunity to raise more money, which donald trump is doing. to put their grievances on the map, look at us, were being persecuted. meanwhile, they want to have conversations about a laptop. they want to talk about lock her up. well, they had four years to love the pillar clinton, guess what, there was nothing. you know what, she is not a criminal. there was no indictments. why? she's not a criminal. you have 91 charges against this president, 91 charges. he is raising money. why does he continue to go after the presidency? it's a grift, it's his get out of jail free card. these people, they see this as a badge of honor. they're the party of law and order, it's ridiculous, it's hypocrisy, it's gross, frankly. they should be called out on it repeatedly. >> you, know stewart, i want to stay on that fundraising. it is a jaw-dropping amount of money. for someone to raise this when they've been indicted four times and all they have a mugshot, they being donald

trump, the first in our history united states president to actually have a mugshot. you know, stewart, i want to focus on this grift because these people that are giving the money, it's not like these are the big dollar donors, right? these are not the people that are, like let me cut your check 4 million bucks. these are people that, you know, are giving small dollar donations that are totaling to a huge amount of money. what is it say that they're blindly following donald trump down the primrose path to disaster? >> yeah, daniel just showed why i love reading her so much, just nails her stuff. from the very beginning the trump campaign was a large criminal enterprise. we forget, its campaign manager, deputy campaign manager, national security adviser, his foreign policy adviser, chief political advisor, they're all felons now. they were involved in the first

convictions that went to donald trump. and worked in politics, looked at, it looked at how it was set up and who is running it, these weird people that he brought in who, they didn't wake up one day and decided they wanted to be involved in politics because of donald trump, these are people who've been trying to get involved in the presidential campaign. i worked in five of them, republican side, and no one would let them in. donald trump let them in. and they took over the republican national committee and turned it into a money laundering operation for the trump family. it just became this large criminal enterprise. eventually, most large criminal enterprises to fall apart because the fighting, feels like they're not getting enough, they read each other out, donald trump uses his mobsters language. that's what's unfolding now. still, on stage, to date, all but two, i think, of the republican candidates that they would support this guy who's a

criminal if he wins a nomination for their party. i can't think of -- i can't think of any self and i don't, i have no moral convictions. i am just running for power. that's saying something like that. >> stuart, it was chris christie and isa hutchinson who actually had the gumption. both of them had the -- to raise their hands properly. i want to ask you this. he calls congresswoman ayanna pressley, quote, modern grand wizards of the modern kkk. putting aside going after people of color what is to say his numbers went up after that debate? what does it say that those numbers go up after he says this? he's taking on the mantle, saying, i'm a younger donald trump here. what does that say about the fact that his numbers go up after seeing stuff like this? >> that this party is steeped white supremacy. you don't have to be white in order to have allegiance to white supremacy. that is ramaswamy.

we have to understand that reality. we cannot pretend these people aren't races, that they don't want a country that is about white power. they do. >> stuart, it is our panel, i was which at more time with you. thanks for being here, i appreciated. up, next it's manic monday. tomorrow, former president donald trump finds out of his federal trial and washington d.c. starts before after the 24 election. it's absurd, i know. a florida judge will be deciding whether meadows can move his cares to court, it's illegal mess. it straight ahead, you're watching the katie phang show only an msnbc.

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(hero fan)n and lift away i have to watch my neighbors' nfl sunday ticket. (josh allen) it's not your best plan. but you know what is? myplan from verizon. (vo) football season is here. get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5. only on verizon. the twice impeached, one term ex presidents criminal problems in georgia promise to bring another blockbuster week of legal wrangling's. on thursday, trump was arrested, yet again, and this time, but the help of a metro atlanta bonding company, he posted a 200,000 dollar bond at the fulton county jail. he was released on agreed upon conditions including not using social media to threaten or intimidate codefendants or witnesses in the case. tomorrow, trump's ex chief of staff, mark meadows, will push to get his case moved to federal court during an evidentiary hearing. after announcing a speedy trial, kevin -- will begin on october 23rd.

as for trump's other case and washington, d.c.. u.s. district court judge, tanya, we will set a trial date on a hearing that starts tomorrow. joining me now, barbara mcquade, msnbc legal analyst, former attorney in michigan, professor at -- let's talk about the upcoming fulton county events. do you expect to mark meadows to testify tomorrow during that evidentiary hearing? >> i can't see how they allow him to testify, because of course anything he says during that hearing can be used against him and a trial later. just even locking a mental any story would seem ill-advised. on the other hand, i don't know how he meets his burden of proving that this case belongs in federal court without testifying. i think he's in a dilemma here. >> people are calling this a mini trial because the burden, as you say, is on mark meadows to prove why he has to go to federal court. we know that subpoenas have

gone out, by fani willis's office by raucous broker and the chief investigators from his office. his office been roethlisberger's office. this trial could show, barbara, not only mark meadows, but the other co-dependence what kind acacia has, right? >> i think so, i also think the public is going to find out what this case is about to. we heard that all this was was a while intentioned challenge the election results. i think we'll hear a different story about these results to more about the pressure to try to get them to flip the election, and that could really change some of the defendants calculus about whether to cooperate and go to trial, and maybe turn a few people in the court of public opinion, help them understand what this case is about. >> let's talk about kenneth chesbrough. he did a speedy demand, that we know is former prosecutors, is a challenge for criminal defendant. he said the trough october

23rd. this is not just a mini trial, this is the trial trial, barbara, of this multiple charges and that indictment. let's talk about attorney client privilege. what can be solicited in terms of evidence in terms of donald trump. usually they hold the publish for attorney client privilege, right? you will hear that some of this information is barred because of the privileged, but this is the crime fraud exception to the attorney client privilege, so it may be necessary to do a show to the judge that this does pursue tierney client privilege, but to the extent that attorney and the client are conspiring to commit a crime, that would breach that privilege, so the court would be able to hear that testimony, a jury would be able to hear that testimony, but they would have to be a pre-trial hearing first with the judge to make

that determination that this is fair game. >> i want to follow up on that. just the fact that evidence has been presented to a grand jury has not meant that the fraud crime would be anticipated already. that would be litigation before the 23rd over whether or not otherwise privileged communications between donald trump and his lawyers, plural, by the way, but this is rudy giuliani, the cindy powell, jenna alice, there's all of these other lawyers that are involved, there would be some kind of dispositive ruling that would come from the trump trial court judge, state quarter federal court, before we get that evidence, right? >> yes. we did have these findings by a judge for the grand jury that said that, for the investigative purposes, testimony could be presented. now we have a separate issue, whether this should be presented at trial. there will be motions to suppress that based on the attorney-client privilege, and also, katie, this is a reason that sometimes trial dates don't stick. and fact, they really stack. you can't anticipate all the motions that might be filed, and how long it actually takes for them to play out.

even though he's made his demand, and that date has been set for october, there is what's known as six quotable delay, war judgment for the delay a trial date while it works through these pre trial motions. >> barb, of got 30 seconds. i wanted to ask you a follow-up on that then, this is a speedy demand, this is his ability by right under georgia statute. to go to trial by october 23rd. if the state isn't ready to go, could charges be dismissed? >> absolutely. he has that absolute right. sometimes defendants will assert their speedy trial right in an effort to keep a prosecutor, you, know catch them flat-footed and not ready to go. that happens from time to time. fani willis says she's ready. this delay we saw from january where we had the special grand jury, to the filing of the indictment, was what she was doing during that time was getting ready for trial in case it was a speedy trial demand. my bet is that she'll be ready to go. >> barbara mcquade, always keeping it tight and given us all the information that we need to be ready to be prepared. thank you so much for joining

us this morning, i always appreciate you. >> thank, you katie. >> coming up in our next hour of this special extended edition of the katie phang show, ratings ruckus. the ex president who claims to be six 3 to 15, that's me too, 215 pounds, he's putting the numbers of his pre-recorded interview with tucker carlson to -- that debate that he didn't attend. journalist and author, brian stelter, joins us in the next hour to break it all down. first, racist massacre in florida. the mayor of jacksonville joins us with how the community is doing after a lone white gunman murders three black people, and what the fbi is investigating as a hate crime. all of that and a whole lot more this morning, so keep it right here on msnbc. t here on msnbc. (josh allen) is this your plan to watch the game today? (hero fan) i have to watch my neighbors' nfl sunday ticket. (josh allen) it's not your best plan. but you know what is? myplan from verizon. (vo) football season is here. get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5.

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is off this morning, so you're joining us now for a second hour the katie phang show. live from msnbc headquarters in new york city. this hour, deadly hate. three people shot and killed in jacksonville, florida. what police are calling a racially motivated attack by a white gunman carrying an ar-15 style weapon with swastikas markings. we will have a live update on the investigation. we're going to talk with the mayor of jacksonville about how her city is cobain after this horrific act. criminal court, a judge coul