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josé diaz-balart picks up our coverage right now. good morning. it's 11:00 a.m. eastern, and 8:00 a.m. pacific. i am josé diaz-balart. we are moments away from a critical white house meeting between president biden and kamala harris and members of congress. can they come to an agreement with just four days until a partial government shutdown? a sign of things to come for biden and trump this november. overseas, a new report about a deal for a cease-fire. president biden says he hopes to see an agreement by next week. prosecutors asked for a gag order, and trump's attorneys try to keep some witnesses from testifying.

we begin in washington where the clock is ticking toward a potential partial government shutdown this weekend. soon president biden will sit down with the top four congressional leaders at the white house to discuss a path forward on keeping the government open. they are also expected to discuss the president's request for billions of dollars to help ukraine, israel and taiwan. funding for several government agencies and programs expires at midnight on friday night. funding for the rest of the federal government runs out on the 8th of march. chuck schumer expressed hope today's meeting with yield some results. >> i expect today's meeting to be an important, timely and fruitful discussion about how congressional leaders in conjunction with the white house can meet the immense responsibilities facing congress at this moment. >> with us now to talk more about this, nbc news white house correspondent, aaron gilchrist,

and jake sherman with punchbowl news. any movement in the past 24 hours on this? >> depends on what you mean by movement. there's movement and then there's forward motion. the government runs out of money on friday night. the house, according to its rules, needs three days before reviewing any bill before putting it on the floor. they will get a lot of grief and pushback from conservatives, so a bill needs to come out today, josé, in order to get consideration on friday. that's any bill. that's a stop gap measure, and that's any bill or the government will shutdown over the weekend. house republican leaders argue a shutdown is not terribly damaging over the weekend. technically true. it's still a shutdown. there has been no real movement. white house meetings like this, josé, are not really -- they are more show than they are

substance. they are an ability for the president to have people in the room and hash out -- try to hash out differences and they leave usually in the same position they walked in in. the only thing we need to be focused on now is, is there a bill that is going to emerge today? if there's not, it's likely to be a shutdown. if there is, there's a chance that congress can avert it. >> so this is kind of like when you put it so clearly, today, there has somebody something written up already, even if it's like one of the small crs, and other than that -- it doesn't seem like they have been doing that because both the senate and the house was on recess, and it doesn't seem like, jake, there's anything really realistically that could avert something from happening at midnight.

>> there is a bill in the works. this is just one of four bills, and speaker johnson didn't want one but two, and this is just four bills -- this is not the defense department. this is not homeland security. this is not labor and health and things like that. these are four bills, and military construction, these are relatively small bills. 75% of the government comes due on march 8th. to be honest with you, there could be something that comes out. there was supposed to be something that came out on sunday night, and it's not tuesday and we have not seen anything. it could come out, and remember, if it comes out, the leadership needs to embrace it and whip it and get it to the floor and pass it. the senate, we have seen this before, it could take the senate a week to do anything. we don't anticipate that here,

but these are the dynamics that we need to keep in mind as we approach a shutdown. >> aaron, meanwhile, what are the white house expectations for the meeting? >> they said they are having the meeting to elevate the urgency at the moment, the urgency of the need to keep the government open and pass the national security measures that have been moving through the senate, and the white house made the point that these really are congressional issues and congress needs to take action to do its job. as the white house press secretary has said in the past, in particular, directing that towards house republicans who they suggested need to get out of their own way and make these things happen, continuing the funding of the government and moving the national security pieces as well. the president does believe that having meetings like this when he gets all the leaders in the room together around the table could be productive, and has

been productive in the past. today there's a hope there will be a real conversation about how significant the issues are and the president can open the door to conversations that might lead to moving the needle on the situation, josé. >> it's a good reminder, everything has to happen on capitol hill and not the white house. it's their responsibility and they are not getting it done. meanwhile, the president will travel to brownville, texas, on thursday to talk about the border. what does the president hope to accomplish with the trip? >> we know that president biden is going to be in brownsville, texas, on wednesday. at the same time, former president donald trump is going to be a few hundred miles away in eagle pass, texas. the white house officials have said they welcome the split screen moment of the president and former president, partly because president biden blamed trump for the failure of the

bill negotiated and passed in the senate earlier this month. this failure happened, large part, he believes because of former president trump's interference, if you will, in what the house, members of the house can and should be doing. president biden, it will be his second time at the border in a little over the year to see what border agents and local officials are dealing with at the border and to talk about the resources needed there, and there's a path to getting some of those resources on the ground. he wants to seat house in particular take these steps to elevate and move forward on a measure that would secure the border. at the same time, josé, provide funding for ukraine, for israel and efforts in gaza to help people who are suffering there. >> jake, back to the fact that it's not at the white house's

door that we should be focused on. we should be focused on the inaction or anything being done in -- on capitol hill. jake, is there anything on capitol hill specifically focusing on the house that could have something to do with dealing with the humanitarian crisis now that the senate proposal is essentially dead? >> there's really no room for compromise that anybody can see when it comes to the border between the senate and the house. the senate thought they had a piece of legislation the house could accept. does the house try the introduce or attach hr-2, and would that spark a compromise? probably not because house republicans by and large does not believe there's any compromise from their hard line position. >> thank you both so very much.

turning now to the race for the white house. right now primary voters in michigan are heading to the polls on the republican side, former u.n. ambassador, nikki haley is in need of an upset, and some michigan democrats are saying they could vote. the primaries are happening in michigan. why is haley in colorado? >> reporter: i never thought, josé, i would wish to be in michigan as badly as i do right now given the snow we are in in colorado. we will see if haley gets a similarly icy reception. the landscape that haley is operating in, not just here but

across the country as she makes her barnstorm over the super tuesday states over the course of the next few days, it's important to point out the two rallies held in michigan yesterday, although they were happening the day before the primary, the people there were happy to have her in the race. watch. >> do the criminal indictments impact the way you think about trump at all? >> not at all. >> why not? >> i figure they will never stop trying with anything. >> we have seen haley slowly gaining momentum, and i think she's a better choice for the country than donald trump would be, so having two solid candidates in the fall, i think, is much better than having somebody facing the criminal charges that donald trump currently faces. >> reporter: look, that kind of

commentary you heard from the last voter, josé, is the kind of voter nikki haley is hoping to pick up and get to the polls in the super tuesday states. if you look at the exit poll data from south carolina, there's something instructive in there, 70% of the voters made up their mind back in january. nikki haley is banking on the fact that they are listening as she takes the message of general electability, and she's waving red flags about donald trump, and telling voters if they want to get biden out of the oval office, haley is the best person to do that. general elections change once you see who is on the ballot and polling starts to reflect that, too. for haley you can't get to the general election without getting through the primary, and this one is going to be a real slog for her. >> i am going to say thank you

for being with us. go indoors, my friend. it's looking horizontal. >> reporter: thank you. >> gabe, meanwhile, for the biden administration, what do they see as the possibilities or the things that may be problematic for them in michigan? >> you know, josé, before i get to that, a shout-out to ali vitali. i am here in unusually-warm michigan, and inside, so i can't complain. the polls just opened hours ago, and we are in dearborn, and there's been a lot of frustration among this community over the biden administration's policies regarding the israel-hamas war. a local group says it's their goal to get 10,000 uncommitted votes in protest of president biden. i asked governor whitmer about this yesterday. take a listen to what she has to say. >> i think there will be a

sizeable number of votes for uncommitted. i think that's every person's right to make their statement about what is important to them. >> the uncommitted organizers said they want to get at least 10,000 votes. do you think they will reach that? >> i think that's possible, yeah. >> the biden campaign point to context here. they say in the last couple of elections, especially 2012 and 2020, there was already 20,000 uncommitted votes back then, so 10,000 is a low threshold. they are trying to lower expectations there, but many democrats are watching what the final number ends up being. the biden campaign point to the endorsement of the united autoworkers a short time ago and point to the message of reproductive rights, and that's something that governor whitmer talked about with me yesterday, josé. >> meanwhile the president was in new york last night and made some news about a potential

cease-fire agreement betweenish israel and hamas. >> i hope by the beginning of the weekend -- i mean the end of the weekend. my national security adviser tells me we are close, we are close, not done yet. my hope is by monday we will have a cease-fire. >> is the white house saying anything else about this? this is big news. >> certainly, and it's something the arab american population is watching. the qataris have been mediating this hostage deal, and last night he revealed the israelis agreed not to conduct activities during the holy month of ramadan, and that's a time pressure, here, josé. the month of ramadan starts on march 10th, so there's a

pressure to get a deal done. the president said he expect it to happen in the next couple of days, and we are told, though it's close it's not done yet. some of the voters are watching and some are saying they don't want a temporary cease-fire but want president biden to advocate for a permanent cease-fire. >> gabe indoors, and it's good to see you. and then later, one of president biden's top officials heads to alabama today amid the threat against access to ivf treatment in the state. we're back in 60 seconds. you're watching "josé diaz-balart reports" on msnbc. yeah. fast relief of your worst allergy symptoms, like nasal congestion. (christina) with verizon business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. fast relief of your worst allergy symptoms, so, no matter what, i'm running this kitchen.

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hoped to reach a deal by monday. >> look, first of all, there are -- the hostages being held must be released. and we have a principle in agreement, there will be a cease-fire while that takes place. ramadan is coming up and there has been an agreement by the israelis they would not engage in activities during ramadan as well in order to give us time to get all the hostages out. that gives us time to begin to move in directions that a lot of our countries are prepared to move in. >> a person familiar with the ongoing negotiations in qatar tells nbc news, quote, there has been progress but there are still obstacles to be resolved. joining us now, josh lederman. good morning. what do we know about a potential deal? >> we know hamas and qatar are much less optimistic about the state of negotiations, and president biden seems to be in the comments last night. hamas dismissing the idea they

are on the verge of a break through and a new deal and accusing biden of -- in their words, leaking details about the negotiations in efforts to prop up israel, and that was from the hamas comments, and qatar said there's no break through to announce as far as a new hostage deal. we know what the likely sticking points are here, because they have been largely the same issues part of the hostage deal for weeks now, and part of it is the ratio of how many israelis would be released to the palestinian prisoners. they are looking at a 3 to 1 ratio, three palestinians for every one israeli, and that's consistent with the last release of hostages deal.

and will this be accompanied by a permanent cease-fire? we talked about a limited cease-fire just during the ramadan month, and hamas publicly has been insisting that any additional release of hostages would have to be accompanied by israel permanently ending their fight in the gaza trip, and that's something the netanyahu government is making clear they are not willing to entertain. for now all we know is the talks do continue at a fever pace where there's egypt and others involved in the talks, josé. >> thank you. up next, we will break down the details of the requests in trump's new trial. and then some conditions at

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in new york prosecutors are seeking a limited gag order in the hush-money case for donald trump. they are asking the court to bar trump from talking about witnesses and more. with us to talk about this is a former manhattan assistant

district attorney that is now a professor at new york law school. what will be the judge be taking into consideration when decide whether or not to issue a gag order. >> gag orders are tricky because, of course, they are directed at speech. what the judge will be considering is whether this requested gag order sweeps too broadly and actually prevents the former president from engaging in protected speech. any speech that is substantially likely to prejudice a proceeding or to harm any individual person is not first amendment protected speech, so this judge is assessing whether that requested order follows that line. >> how common is it for gag orders to be issued in criminal cases? >> it happens. usually not in this type of case. normally the kind of case in

which you see a gag order involves violent criminals, mafia cases, organized crime. the reason for that is normally in these sorts of white-collar cases we don't see the kind of rhetoric that we have seen in the other cases that the former president has faced. >> so what bar does trump have to reach to convince the judge from stopping some of the witnesses from testifying? >> it has to be weighed against whether or not it's relevant and information that goes to the actual charges. there's a weighing that goes on and what the president will have to show is the prejudicial affect of the testimony outweighs the way in which it's

relevant to those ongoing charges. >> thank you so much for being with us this morning. appreciate your time. >> thank you, josé. up next, we will drill down on tonight's primary in michigan with our very own steve kornacki. it's great seeing you, steve. plus, the so-called star witness that could make real implications in the case involving fani willis. involving. ♪ [crowd noises] [dramaticlly beat] introducing, ned's plaque psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. ned? otezla can help you get clearer skin, and reduce itching and flaking.

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democrats agree. conservative republican steve garvey is the wrong choice for the senate. ...our republican opponent here on this stage has voted for donald trump twice. mr. garvey, you voted for him twice... as your own man, what is your decision? garvey is wrong for california. but garvey's surging in the polls. fox news says garvey would be a boost to republican control of the senate. stop garvey. adam schiff for senate. i'm adam schiff, and i approve this message.

it's 31 past the hour. we are keeping our eyes on the white house where president biden and vice president harris are due to meet with the republican and democratic leaders in congress. it comes days before the partial government shutdown on friday at midnight. we will bring you, of course, any remarks as soon as they begin. back to one of our other top

stories. right now republican and democratic voters in michigan are heading to the ballot box in what will likely be an enthusiasm test for many. >> what we have seen so far in the republican primaries is the opposition to trump and the support from haley is very predictable when you look at the concentration of voters with the college degree, higher incomes and suburbanites, they have been friendly to haley and hostile on donald trump. if haley is going to be competitive in the michigan primary tonight, where are we looking to see if that happens. the most important place to keep in mind is the western county,

kent county -- it's a about five-county region, and it makes up 17% of the statewide primary vote. it's an area that is conservative republican traditionally, but resistant to trump. in 2016 he got 36% of the vote statewide, and this in area, it was his worst area here. ottawa county, a big county, and trump was under 15 points under the statewide number. if haley is going to make noise, this is the first place to look at her. that would be the heart of it for haley. a lot of other areas in the state friendly to trump, blue-collar voters and voters without college degrees. and then on the democratic side,

it's about biden versus uncommitted, because there are opponents of the joe biden's israel-hamas war policy, they are saying to use this as a protest against joe biden. if that's getting any tragic at all on the democratic side, there are two counties to look for that, detroit is the big city in wayne county. dearborn is there as well, and there's 100,000 people in dearborn, and it has the largest concentration of muslim-americans per capita of anywhere in the country, and you would look there and next door. this is a big college county. the university of michigan, ann arbor is here, and eastern michigan university here as

well. you have seen the highest disapproval of joe biden's israel policy has come from young voters, college-aged voters, and this is the place if that demographic is going to make a statement of uncommitted, that's where you look for it. >> thank you. and joining us now, a senior adviser to the lincoln project, and a chief impact officer of 1063 west broad, a social impact consultant. what is on the line for the biden campaign today? >> listen, there have been a lot of arab and muslim voices that elevated, as well as progressive and young voters that elevated

this issue as a deciding issue for them in this election and this uncommitted opportunity to vote is going to send a signal not just to the campaign but on the white house on where people stand when it comes to policy. there was a mayor in michigan that said in one conversation that while the muslim vote does not have enough members to make sure a candidate wins, they have enough to make sure a candidate loses. i think it's not just the muslim population that understands this, but the biden campaign understands this, too. it will be interesting to see after tonight how the white house and biden campaign responds to a human rights crisis on how a lot of people, particularly in michigan, view it. >> are some making a lot out of this when it seems as though the president support is rock solid

among so many within the democratic party? >> i think it's a both and not an either or, right? for some people this is their deciding vote, and when it comes to a state like michigan where biden and trump are head to head, we have to go to the issues beyond just the candidates. for some people the issue is abortion rights and some it's the economy, and for some people it's a key part of the biden base, and it's not just muslim but younger voters as well, and this is a key piece as well. we will see what happens tonight and how seriously the campaign will take it. >> jeff, meanwhile this morning we heard from nikki haley who has yet to win a single state. here's some of what she said about why she's staying in the race. >> 70% of americans said they don't want donald trump or joe biden. i am giving them a choice. we don't anoint kings in america. we allow people to vote in elections and that's what we

have done. in the next ten days, 21 states and territories will vote. that's a great thing about america and i think everybody deserves competition. >> jeff, what is the logic, do you think, of haley in staying in the race? she has yet to win anything. >> i think she believes that pain is the only teacher that donald trump will learn from. she's right. there will be many, many states that vote, including michigan today. donald trump will easily win all of them, and she's not going to win any of them. but donald trump is running as a functional incumbent in the republican primary, and the focus should be on how weak he is among republican voters or crossover voters that open in the open primaries in states like michigan. >> so jeff, meanwhile president biden, of course, set to visit the southern border on thursday. he will be meeting with officials and appearing to address the issue of the humanitarian crisis at the

border head on. how do you see him threading the political needle on this? >> i think it's a smart move by the president biden, the white house, and the republicans made a tactical error when they killed the immigration bill, and they gave biden the opening to blame trump and the republicans on an issue that did cut hard against biden and the democrats among those center right independent voters who are concerned about national security and european security and ukraine and nato, but also concerned about border security, and biden has an opportunity to exploit and he appears to be doing that. >> thank you both. appreciate it. up next, new in the biden administration is going to iowa today about the ivf treatment.

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44 past the hour. today secretary of health and human services is in alabama days after the state's court

ruled that embryos were human. >> here we are, we are protected constitutionally by roe v. wade. that's all gone. >> joining us now -- >> they major clinics in alabama, they remain paused. both democrats and republican lawmakers in the state are pushing for bills that would make an embryo outside of a person's body not a child understate law, and today tommy

tuberville believes they believe they will pass a bill for the ivf treatments to resume. we should note the biden administration has been discussing possible legal and policies that could make ivf safe. families are telling me they are terrified their dreams of having children may not happen if something doesn't happen soon. many have paid thousands to go through ivf, and they are afraid time is running out. >> thank you so much. we are also following an update in former president trump's georgia election

interference case, and it has been nearly two weeks since fani willis and wade talked about their relationship, and now wade's former partner must take the stand today. what a privilege to be able to see you here and we can hang out and talk because i always learn so much from you. what is this all about today? >> it's always hard to read tea leaves. the judge said evidence is closed, meaning we are not going to call anymore witnesses or take anymore evidence, and since that day two things have happened. one, former president trump filed evidence that shows naten wade went to the condo of fani willis prior to when he was

hired by the prosecutor. i think that's a nothing burger. the cell phone data could be interpreted many different ways. i don't think that's the issue. the real issue is what happens this afternoon. yesterday for 90 minutes the judge met with the former law partner of nathan wade so they could talk about the attorney/client privilege. i am not sure if you invoked it properly. today it could be innocuous questioning, why did you leave the partnership? do you have any information relative to this case? it also could be do you have information specifically of when this relationship began, and if he says yes and provides information, that could be opposite to what we have heard

under oath from weighed and willis. >> this is a key part in the hearing is that affidavit that they put forward. >> yeah, everybody takes an oath. when you submit a written affidavit, that's to tell the truth under the penalties of perjury. if terrance bradley already perjured himself previously when he testified in court, he could be looking at perjury charges. she could be disqualified because of committing fraud on the court if they when you are n attorney for someone -- we are talking about he was the attorney for one of the group of attorneys in his divorce case, isn't there a shielding aspect to what one discusses, talks or learns about with that case and

the things that are relevant to that case? >> it's attorney/client privilege. it cannot be piercd unless the client waives it. there's crime fraud exception. you heard that dealing with donald trump. did an attorney for donald trump help him and that's the reason you could pierce that privilege? the other side tried it. they tried it. the defense said, crime fraud exception. the judge said, there's no way years ago when these conversations took place that either wade or his lawyer thought they were going to commit fraud later. he judge said there's no crime fraud. >> thank you so much. we could talk about this forever. i learn a lot. thank you so much. up next, how students in puerto rico are exposing the crumbling conditions in some of the high schools on the island. plus, some med school

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let's get to the white house. president biden and the vice president meeting with leaders of congress. >> funding the government, which is an important problem. a solution we need to find. i think we can do that. ukraine, i think the need is urgent. i hope we get to speak to that a little bit. i think the consequence of inaction every day in ukraine is dire. i've been speaking to some of our g7 partners. you just got back, chuck. they are very concerned. also, we need to -- in terms of

the supplemental, we need to deal with the israeli portion. that also contains a significant portion of having to do with humanitarian assistance. we have to replenish the air defenses for israel. we have to work on making sure they don't face the thread from -- they can face the threat from what's going on in the middle east, not just from hamas but from iran. government funding, i'm sure you guys have all of that taken care of. all kidding aside, i think that it's congress' responsibility to fund the government. it could damage the economy significantly. we need a bipartisan solution. i want to hear from the group. i want to hear from all. thank you all for coming. that's what we're going to be talking about. thank you.

[ many talking at once ] we will get a chance to talk afterwards. [ many talking at once ] >> thank you, everyone. please come this way. >> well, there you heard it. you can't hear any of the questions because everybody is shouting at the same time. that's the meeting right there at the white house. i want to go to julie sirkin on capitol hill. these meetings -- it's great

they are at the white house. i think the president -- i think it was really important for him to say, it's the responsibility of the congress to fund the government. >> reporter: that stood out to me, too. he said they have a lot of work to do on getting these funding bills across the finish line. he hopes they do it in a bipartisan fashion. he is flanked by speaker mike johnson, by hakeem jeffriess, the democratic leader in the house. of course, also in the senate side by senate minority leader mitch mcconnell and chuck schumer. all of them meeting for the second time in the last two months. the first meeting in january with other key leaders. i was struck how long biden spent talking about the need for ukraine to be funded. that was the bulk of his comments there. he knows that's an issue that's more outstanding, perhaps, than the government funding issue. those deadlines are fast approaching, colliding one on friday. before i came to the camera, i had conversations with senators who have been back for the last 24 hours. they are waiting what happens

out of this meeting. we shouldn't expect much. this is an issue for congress to solve. at the same time, there are discussions about a short-term stopgap measure to bridge the deadlines so that there's no government shutdown, even a partial one, that certainly republicans and democrats really don't have an appetite here for. it's one of the rare moments where all four leaders and the president seem to be in agreement that a shutdown is not the best path forward. the problem is the conservatives that are ringing in speaker johnson's ear to make sure he holds firm what they want for a full year stopgap funding bill to have 1% cuts kick in, which senator lindsey graham told me would be devastating because of how it would impact defense as well as we are facing two global wars overseas. this is a critical meeting this morning. it's not clear what will come of it. certainly, the clock is ticking. i'm told by sources that in order to avoid the government

shutdown on friday, they really need to produce those bills, the four bills in those agencies that could shutter friday night, today, by end of day, so republicans have enough room to read it to meet the three-day rule that they have set for themselves. a lot to watch here. certainly, we will be interested in seeing what happens after the meeting. >> i mean, if you just go over the time that's left, we are tuesday, this partial government shutdown would happen friday at midnight. both the senate and the house need at least three days to read and discuss and debate anything that may have to do with this. is there any realistic possibility that anything could happen between today and -- end of today and tomorrow? >> reporter: it's a really, really great question. certainly, they need to see text today, especially in the house.

the thing is, johnson might be this washington, but the house doesn't come back until tomorrow night. it's my indication and understanding that the house will act first when it comes to these spending bills before the senate will take them up. you also have to have a unanimous agreement from all 100 senators to bypass some of the procedural timing hurdles we face here when they wait until the last possible minute. you see what's at stake on your screen. this first tranche not as concerning as the second. this close to an election, this many times, this is johnson's third shutdown that he is facing this many times that he has had to pass a stopgap funding measure that hardliners are threatening his job over. we will see if they can produce part of the bills today. there are different ideas flowing around. none is going to be addressed until we see what comes out of the meeting. >> thank you very much. before we go, we have some really good news to share.

look at the incredible moment. students at albert einstein school of medicine will never have to pay tuition again. >> starting in august this year, the albert einstein college of medicine will be tuition free. [ cheers and applause ] >> look at that. this is thanks to a $1 billion donation from ruth gottisman, a current chair of the board and retired professor. tuition covered for all students. she used money left by her late husband. by the way, i want you to know, breaking news is breaking news. you will see news right here as it happens always. it's our priority on msnbc. but i want to ask you to stay with us, because tomorrow i will bring you the story of about what is going on in puerto rico with students that