>> it is good to be with you on this second hour of chris jansing reports at this hour. the bitcoin pioneer pardon donald trump announcing that ross ulbricht will go from life

in prison to time served. he's the guy who created a dark web black market called silk road and used it to sell drugs and launder money. plus, we'll be live outside the d.c. jail where more than a dozen january 6th rioters are still waiting to be released. after that blanket pardon from trump. what one man who rammed a pipe at police officers said just moments after getting out. and more on that. breaking news. in tennessee, two students shot at their high school in antioch, according to senior law enforcement officials briefed on the incident. we'll have the latest from nashville. also getting the memo, a directive just obtained by nbc news, was sent to the doj workforce, calling on them to prosecute local officials who resist, obstruct or otherwise fail to comply with deportation orders. our nbc news reporters are following all of the latest developments. we begin with the controversy surrounding trump's latest pardon of a man who ran a major site on the dark web. let's bring in nbc news senior

white house correspondent kelly o'donnell. kelly, what more can you tell us about ross ulbricht and the dark web black market he created that most people knew as silk road. >> good to be with you, chris. and this is an example of the president using that unique power of his office to grant a full pardon to an individual who has been in prison for more than ten years. so the investigation into his enterprise on the dark web, which included trafficking in cocaine and heroin that began in before the political career of donald trump, as we have known it for the past decade, took place. and so when donald trump talks about the same, and he used the word scum that went after ross ulbricht were also a part of the weaponization against him. these are two very different things. it is notable that when president trump was a candidate and spoke before one of the conventions for the libertarian movement, and ulbricht associated himself with that political philosophy that

president trump, then a candidate, talked about this case, because certainly people in the life of ross ulbricht in the crypto business, for which that's another offshoot of what he is involved in, they were advocating for this, his mother advocating and the president, in announcing this pardon, not a commutation for time served, but a full pardon on what would have been a life sentence, said he reached out on social media to the mother to say that he was making this available for her, and for the libertarian movement that had so supported him. so again, we have a case where the president is not talking about an individual who has been rehabilitated or has shown a level of contrition that would perhaps make them a good candidate for pardon, or a specific set of facts about the justice system and why this might have been needing some kind of intervention. there are people who have felt that a life

sentence was too long for these offenses, but this was the product of a very long criminal investigation. and the businesses that he was found guilty of participating in trafficking of illicit drugs and working in a part of the web that is the darknet that is intended to be a part of that underworld. and so that is where the president is using his power to grant freedom to an individual. and that is the choice that he made with this figure, who is popular in pop culture, and also the crypto space where president trump has raised a great deal of money. chris. >> kelly o'donnell. thank you. now to the d.c. jail, where, although pardons have been signed, more than a dozen people charged with crimes related to january 6th are still being detained. nbc's gary grumbach is there for us. do we know, first of all, why they still aren't out? >> chris, we think there's a couple of reasons for that. first, partial part of the reason is because there are state charges that some of these

folks face, and of course, a pardon only implies for federal charges. so you can't pardon state charges if you're the president of the united states. that's one reason that folks are still here in the d.c. jail. and we do believe there's about a dozen folks still inside. the other reason is because some of these folks, their their cases are not complete. they have not been sentenced. and if that's the case, if they're mid-trial or pretrial, they're here at the d.c. jail. they were awaiting that to happen. if they were being resentenced, they were awaiting that to happen. but i want to show you what we see behind me here. right behind me here is a group of trump supporters, a group of folks that are supportive of the january 6th prisoners that were inside the jail. several of them were inside this jail as as recently as a few hours ago and are now out. free men, free women out here. i want to introduce you to ryan wilson. he is somebody we talked to who was just released this morning from d.c. jail. he was charged with six felonies. one of them was assaulting a police officer with a deadly weapon because he took a pipe from a fellow rioter on

january 6th, and he threw it towards police officers. here's what he had to say when he got released. >> they were. >> phony charges. >> never touched. >> anybody that day, but they don't care. >> i don't care what it is. they'll put. >> grandmas in jail. >> just because they walked. >> into the capitol that day. >> so not a lot of remorse there from ryan wilson. but that's not the case with everybody. we spoke to rachel powell yesterday who came out. she was known as the pink hat lady or the bullhorn lady in these circles. and she was somebody who said she wishes that once everyone got into the capitol, they just sat down in the rotunda instead of causing the trouble that they did. chris. >> the last hour i talked to jackson and his dad was one of the first to be convicted. he actually turned his dad in. he said he had been a great father. is he outside that jail? someone told me he was outside that jail right now. his dad.

>> yeah. that's right. i'm not sure if tony can zoom in here to show what the crowd looks like here. guy reffitt is actually over there. we're standing across the street, a bit away from the crowd over here, but guy reffitt is right over there, and he spoke to reporters earlier this afternoon. he said he was very thankful to president trump. he would not go into any of his family situation. of course, i saw that interview that you did with his son. very striking interview there. he wouldn't get into his family situation, but his wife has been somebody who has been going to many and many of the d.c. trials, not just for her husband, guy reffitt, but for many of the defendants here in the federal courthouse in washington, d.c. i've been to many of them with her, and she is somebody who is very supportive, getting all of these prisoners out as quickly as possible. chris. >> yeah. meantime, jackson tells me he is afraid he bought a gun. he's had to move several times. the details of these stories are are both heartbreaking and terrifying. gary grumbach, thank you for your ongoing reporting. let's go to some breaking news now. police investigating that

shooting at a high school in tennessee where two students were shot. nbc's jesse kirsch is following it for us since we first reported on this in our last hour, i understand we've heard from a parent at the school. what more can you tell us? >> yeah, chris. and we also have a sad update from vanderbilt university's. >> hospital system. >> moments ago. confirming to. >> nbc news. >> that one person. >> is now dead. we are told. that the other two people. who have gunshot wounds are in stable condition. we do not have any information at this point about. >> the ages of those individuals. >> what role they played in all of this and what we have previously known from our sources. a senior law enforcement official briefed on the incident telling our colleague tom winter that a single shooter fired in the school shot two students at antioch high school in nashville, tennessee. at the time, when we learned that the condition of the students was still being assessed. so again, we know that one person is dead. we don't know which person involved is dead, but we are told by that law enforcement

source that the shooter had a self-inflicted gunshot wound and that there are no other threats believed to be involved here. we are awaiting any minute now for a press conference from officials on the scene. but again, the latest information we just learned from vanderbilt university's hospital system is that one person is dead and two people are being treated in stable condition. no further details about those patients at this time. and as you mentioned, we are starting to hear from the families impacted. here's what we've heard from one mother about a panicked phone call she got from her son. >> i heard. >> him panicking. >> on the phone. i was at work and i told him to slow down what was going on. he said, mom, they're shooting. i said, where are you? and he said, i'm outside now. i'm running. i said, just running high, stay low, i'm on my way. and that's when i called 911 to see if they had received any calls yet. and so they said, we have received calls and we're on our way. but it's just a terrifying feeling because it's happening so much.

>> and chris, we are starting to hear now from officials on the ground. so i'm going to send it back to you so we can listen in for the latest information. but again, what we know is one person is dead, according to vanderbilt university's hospital system. and there it is right there, the press conference, if you want to listen in with us as well, chris, but i'll send it back to you. >> yeah. thanks so much. we're going to continue to listen in on this, and we'll let you know if there's any new information. we want to go now to the new d.o.j. memo obtained by nbc news, calling for the prosecution of state and local officials who failed to comply with the president's deportation efforts. nbc's ken dilanian is reporting from washington, dc. what are you learning from this memo, chris? >> this was. >> a memo sent out last. >> night by. >> deputy acting deputy attorney. general emile beauvais. >> who, if. >> you recall, was. one of donald trump's defense lawyers. he's now basically in charge over here. and he is instructing the justice department to dramatically step up immigration enforcement in a number of ways. but as a part of that, the most striking thing about this memo was that he they're instructing

prosecutors to investigate for potential prosecution any state or local official who resists or impedes federal immigration enforcement efforts. that's a new development. we didn't see that in the last trump administration. this memo also instructs the justice department's civil division to look at potentially trying to sue so-called sanctuary cities. the trump administration, the first trump administration, did attempt to defund sanctuary cities. there was a court battle over that. the memo also issues a series of instructions to different parts of the justice department to essentially focus on immigration enforcement, including the fbi led joint terrorism task forces, which are normally focusing on the terrorist threat, which has increased in recent years, according to officials. this memo says they need to focus on enforcing immigration laws, both identifying illegal immigrants and arresting immigrants who commit crimes, and they expect a dramatic uptick in prosecutions on immigration grounds out of this justice department. chris.

>> ken dilanian, thank you. in 90s, california's attorney general is standing by one of the leaders in the fight to protect birthright citizenship. >> i have one message for president trump. president trump. >> i'll see you in head & shoulders is launching something huge. ♪♪ the bare minimum. anti-dandruff shampoo made with only nine ingredients. no sulfates, silicones or dyes. and packaged with 45% less plastic. giving you outstanding dandruff protection. and leaving hair beautiful and moisturized. major dandruff protection, minimal ingredients. job done. head & shoulders bare. dexcom g7 sends your glucose numbers to your phone and watch, so you can always see where you're heading without fingersticks. dexcom g7 is the most accurate cgm, so you can manage your diabetes with confidence. ♪♪

inflammation support, and qanon has the number one doctor has the number one doctor recommended form of turmeric. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. our advanced matching helps find talented candidates, so you can connect with them fast. visit indeed.com/hire 100% drug free and clinically tested. >> my hair. >> is longer, thicker. >> nutrafol is life changing for me. >> get growing at nutrafol comm. >> today, the backlash is growing over president trump's executive order aimed at ending birthright citizenship in the u.s. tomorrow at 1 p.m. eastern.

a federal judge in seattle will hear arguments in one of the cases, brought by 22 democratic attorneys general over the order they call a war on american families. the impact of trump's executive order would be massive. birthright citizenship has been the legal precedent in this country for more than 125 years. 24% of all births in the u.s. in 2023 were to foreign born mothers. that's according to the nonpartisan annie casey foundation. joining me now is one of the democratic attorneys general suing the trump administration, california ag rob bonta. it's good to have you back on the program. you've said this executive order would impact just in your state, 24,500 children born every year. so how are you and fellow state ags going to argue against this move? >> we are. >> fighting back. >> against this. >> unconstitutional, un-american. >> attack on. >> children and american

citizens. >> it's very. >> unfortunate. >> but not. >> surprising that one. >> of the. >> first actions by. >> mr. trump. >> on day one was an unconstitutional act. >> that. >> went after. >> american citizens. so we have. >> taken him to court. 18 states, the district of columbia, the city and county of san francisco are suing him to get a national injunction preventing this executive order that is completely unlawful and unconstitutional from ever taking effect and ever harming any of those 24,500 children who will be born and would normally enjoy birthright citizenship in california. >> what is your legal argument? >> it's very clear that the 14th amendment, the citizenship clause therein, which says that any person born or naturalized in the united states is a citizen of the united states and the u.s. supreme court precedent that has made this bedrock constitutional law for over a century. the wong kim ark case

coming out of san francisco, and other supreme court cases very well established that if you're born on american soil, you're an american citizen. and so we also have some some other arguments with respect to the immigration and nationality act. but the main argument is that the president of the united states is violating the u.s. constitution. the clear and unambiguous language therein. his theory is a fringe theory, never before adopted by the united states or any court. so he has an uphill battle on this one. he has overreached by a mile. >> you called it, as i pointed out, in the lead in a war on american families. what's the real world impact, mr. attorney general? and what are you hearing from californians who are afraid? >> the real world impact is that life saving, health improving services like health care through medi-cal or medicaid,

through the chip act, the children's health insurance program, federally subsidized housing programs and food assistance programs will not be available to these children who would normally enjoy birthright citizenship. they also won't be able to get a social security number, a passport they can't vote, serve on a jury, or run for public office. they will be deportable and at any time. and living with that trauma and that fear. so there are many real world aspects to this. this is about real people, real lives. as someone with a mother who is an immigrant from the philippines, as someone who myself was born in the philippines, brought here as a baby, i understand the importance of american citizenship, which i enjoy, which my mom sought and received so she can vote for me for my first competitive election. and those who are born on american soil are entitled to all the rights and privileges of birthright citizenship. and the

president is not a king. with one sweep of the pen, he cannot amend the constitution. the constitution is stronger than any presidential action. >> this is, however, something he promised, right? it's something that you knew was coming that your fellow attorneys general knew was coming and you were able to prepare for. i'm wondering what your conversations are like now and what your other major concerns are moving forward. are you preparing for other actions that you think president trump will make good on? >> that's right. we've been preparing for weeks and months our ability to move quickly with our with our briefs and our filing and many states working together is proof positive of that. the president did make a promise on birthright citizenship and revoking it. and i made a promise to. and i'm keeping it that i will see you in court when you break the law and violate the us constitution. that promise applies here, and it applies to any other action that he takes. we're looking closely at his other executive orders, including trying to use the military for civil immigration enforcement

activities on american soil. we're looking at some of the other executive orders, how they impact our transgender communities. and so we expect this not to be the first overreach and unlawful and unconstitutional action by the president. and every time and any time he violates the law, it violates the us constitution. we will see him in court and we will stop him. >> california attorney general rob bonta, thanks so much for being on the show. my pleasure. >> thanks for having me. >> still to come on, chris jansing reports. how much can the opposition party get in the way of president get in the way of president trump's cabinet of president trump's cabinet pi i forgot to wash my work shirt. just wear it again! i added unstopables with odor blocker and it keeps our clothes fresh all day! [sniff] ooo, imma be feelin it at work today. she smells so good i'm actually paying attention! smell unstopable.

>> let's pause. >> for. >> the facts. oh. >> like nearly half of all used cars, this puppy has been in an accident. but carfax. com shows how an accident. impacts price. so you don't have to overpay. unpause. whoa, whoa. >> wow. this is cool. yeah. >> sorry. >> sorry. >> t-mobile's 5g network connects a hundred thousand delta employees so they can make every customer feel like they've arrived before they've left the ground. this is how business goes further with t-mobile for business. no matter what kind of teeth you gotta brush, oral-b electric cleans better with one simple touch. oral-b's dentist inspired round brush head hugs em, cleans em, and gets in between em, for 100% cleaner teeth. your perfect clean starts with oral-b.

glycol. >> vitamin e from sunflowers, red. 40 lake. >> which is another way of saying artificial coloring. saying artificial coloring. natural (auctioneer) let's start the bidding at 5 million dollars. thank you, sir. (man) these people of privilege... hoarding the financial advantages for far too long. (auctioneer) 7.5 at the back. (man) look at them — unaware that robinhood gold members now enjoy the vip treatment — a 3% ira match on retirement contributions. (auctioneer) 11 million sir. (man) once they discover their privileges are no longer exclusive... their fragile reality will plunge into disarray. ♪ if you're frustrated with occasional bloating or gas, your body's giving you signs. it's time to try align. align probiotic was specifically designed by gastroenterologists to help relieve your occasional bloating and gas. when you feel the signs, it's time to try align.

tadalafil, but sparks dissolve under the tongue. dissolvables work faster than old school work faster than old school pills. [tv announcer] premium meat for natural diet. most people don't realize how processed typical dog food is. at the farmer's dog we believe dogs should be able to get their daily nutrition without the excess processing. the digestibility is just better. we have the right amount of protein, the right amount of fat, the right amount of nutrients being added, but it's real food. everybody wants to take care of their dog in the best way that they can. our mission is just to help them do that.

dave's been very excited about saving big with the comcast business 5-year price lock guarantee. in the best way that they can. five years? -five years. and he's not alone. -high five. it's five years of reliable gig speed internet. five years of advanced securit. five years of a great rate that won't change. it's back. but only for a limited time. high five. five years? -nope. comcast business 5-year price lock guarantee.

powering five years of savings. powering possibilities. comcast business. loan is on deck. >> president donald trump hit the ground running with executive orders and pardons in his first days back at the white house, but the same can't be said for filling his cabinet. so far, the president has just one senate confirmed cabinet secretary marco rubio as secretary of state. while some nominees awaiting confirmation votes are expected to sail through, there are still about half a dozen who haven't even had their confirmation hearings yet. and as politico reports, now it's time for trench warfare. democrats aren't going to make the process easy for republicans, their tactics already on display. as a quick vote on john ratcliffe as cia director was blocked tuesday, pushing that vote back and impacting others. nbc's julie sirkin is reporting from the

hill. also joining us, former republican congressman of florida david jolly, and msnbc political analyst michael hardaway is former communications director and spokesman for congressman hakeem jeffries. welcome one and all. so where does this process stand for trump's cabinet nominees, julie? >> well, as you well described it so far only one getting confirmed. and it is in part because yesterday they were going to move on. several nominees, including john ratcliffe, who was reported out of the committee 14 to 3, an extremely bipartisan vote. the senate intelligence committee, i should add. then there was a moment on the floor where senator chris murphy basically said that he has concerns about his past role in trump's first administration. he made available information that they had pertaining to russia that was known as misinformation, and they made that information available to republicans. anyway, on the hill, that is what murphy is referring to. take a listen to a little bit of what he said, and we'll talk about it on the other side. >> i hear republicans.

>> claiming that my decision to ask for one day of debate on a controversial nominee to. >> lead the cia. >> somehow compromises our national security. so let me say this. spare me. >> two days. >> ago, president donald trump pardoned 1500 rioters. >> in a world in which republicans hold the majority in the house, but also, critically, the senate, this is really all democrats can do is slow down this process. we see it happen on every side of the aisle, no matter who is in power. this isn't anything new. john thune's point, the senate majority leader, right after chris murphy decided to slow walk this process was that, look, we have guys who are more controversial. pete hegseth being one than others. john ratcliffe in this case received a bipartisan vote. and he also said we can stay here into the weekend voting on these nominees. i should note that this happened right after john thune came back from a meeting at the white house. chris. and that meeting, trump raised his preference for recess

appointments again, something republicans on both sides and both sides of this capitol do not want to do. but it is certainly a real threat when none of these nominees are getting confirmed. >> thanks so much for that. i should let folks know that the senate commerce committee, we have learned, just voted unanimously to report sean duffy's nomination for transportation secretary to the full senate. but we don't know when that vote is going to take place. so we don't know when the senate takes up his nomination yet. unknown. so look, there are these procedural obstacles, michael, that democrats seem to be leading into. but, you know, we were just talking julie was just talking about john thune. let me play what he had to say about it. >> you can force us to stay. staying around here and we. can vote on these things thursday. >> friday, saturday. >> and sunday. >> but we're going to vote. >> on them. everything we're. >> doing right now. >> is just. >> stalling, and i don't know. >> what that accomplishes. >> for you, but we're going to be here voting on them. >> what does it accomplish for democrats?

>> i think. thune misspoke. this is called vetting. >> this is. >> actually what they. >> should be doing. >> which is. >> making sure that all of these people. >> are qualified. >> which i'm not sure that they are. for instance. >> hegseth is. >> nowhere near as qualified. as secretary austin. who had that job before. you've got tulsi gabbard again, who i don't really think is qualified to lead our national intelligence operation. given her shaky past with. >> assad and otherwise. >> and so democrats are doing what they should be doing, which is making sure these people are qualified and taking them through the. process. >> what do they you think they accomplished, david, by their side, they say it's vetting. does it help their cause? >> it does. it certainly does. and here's why. democrats are going to use every tool they have to start a conversation with the american people about the lack of fitness of many of these nominees, including nominees that arguably could compromise our national security and. >> our public. >> health security. >> and so the only. >> tools democrats have are

their voice and their vote and some procedural moments and what murphy was doing there, and what democrats wanted to do is make sure that these votes and these conversations did not occur during the inaugural inauguration news cycle, when these conversations would be missed. and so democrats were right to say, we're going to wait and try to have these conversations at a time when the american people can pay a little more attention to this. but ultimately, democrats are simply serving as the conscience of the body in this process, and the eyes of accountability need to be on republicans. republicans in the senate also know that many of these candidates are nominees, lack fitness for their jobs, and compromise national security and public health security. republicans are the ones at fault. should many of these unqualified nominees move forward, democrats are making sure that the american people have an opportunity to see this totally play out and assign culpability where it should be assigned. >> well, one of those controversial picks, in particular, pete hegseth for defense secretary, despite senators getting an affidavit, a affidavit containing new

allegations against him seem to be moving forward. they're pushing for it to move forward. but i want to play what senate minority leader chuck schumer told julie sirkin about that. >> well. >> i. >> hope my colleagues on both sides of the aisle. read it before making any final. >> judgment. >> because it is. >> extremely troubling. and it. >> just. >> you know, the allegations keep coming. >> and coming and coming. >> they don't seem. >> to stop. and people. >> who vote for them ought to. >> ask what will. >> come out after he's approved if. >> god forbid, he's approved. >> realistically, michael, is that really the democrats strongest point right now, just to simply say, you know, what with pete hegseth expected to still be confirmed, if problems arise, new information comes out. you own it, republicans. >> well, that's. >> not enough because. >> he. >> has this incredibly important job of keeping us. safe in a world that is completely chaotic. you've got rising terrorism in western africa, you've got a war in ukraine, you've got the situation in

gaza, you've got chaos in venezuela and haiti. you have an aggressive china, you have an aggressive russia. we need a secretary of defense that can protect us and protect american interests. and his resume doesn't prove that. >> so, david, politico reports that former vice president mike pence has an advocacy group that sent a letter to republican senators asking them to oppose rfk jr, another one of the controversial choices, quote, because he is an anti-vax conspiracy theorist, former heroin addict, supporter of marijuana and psychedelic drug legalization, and backer of abortion rights. and i wonder, knowing these folks as well as you do, david, in the end, if rfk does end up being in trouble with republicans, is it more likely over his abortion views than his, say, anti-vax stance or any of the other questions being raised against him? >> i, i'm not sure rfk jr is in trouble, and i wish mike pence success, particularly on the points of anti-vax and compromising public health that we might see from an rfk jr. but

chris, the way this this early congress is shaping up is the senate seems to be more in lockstep at times than the house when it turns to lining up in terms of lining up behind donald trump. and so i think right now, rfk jr has the votes. maybe if they are postponing the tulsi gabbard and rfk jr hearings a little bit longer, it's because there might be 1 or 2 senators that want on the republican side that want to push them a bit. so maybe the storyline changes. but where where we sit today, i believe all the remaining nominees do pass, including rfk jr, the opportunity missed for republicans and donald trump is that this isn't that hard. you find a secretary of defense that doesn't have credible allegations of sexual misconduct and actually has enterprise experience running an agency like a mad dog mattis. you could find a hhs secretary who is a leader in public health. that's not the path that donald trump chose. that's not the path senate republicans are supporting. they've missed that opportunity with the american people. but you broke it. you bought it. this is now the brand

of republicans today. >> david jolly, julie sirkin, michael hadaway, thank you all. to be continued. still to come today, supreme court arguments over police and the split second decisions to use deadly force. what exactly is the moment of threat doctrine and could it fall? you're watching chris jansing reports only on msn hi, i'm damian clark. i'm here to help you understand how to get the most from medicare. if you're eligible for medicare, it's a good idea to have original medicare. it gives you coverage for doctor office visits and hospital stays. but if you want even more benefits, you can choose a medicare advantage plan like the ones offered at humana. our plans combine original medicare with extra benefits in a single, convenient plan with $0 or low monthly plan premiums. these plans could even include prescription drug coverage with $0 copays on hundreds of prescriptions. and medicare advantage plans ensure that your covered medical costs will

never go above a maximum out-of-pocket amount that you know beforehand. most humana medicare advantage plans include dental coverage with $0 copays for covered preventive dental services. vision coverage that includes vision exams and a yearly allowance towards eyewear. even hearing benefits, including routine hearing exams and coverage towards hearing aids. there are $0 co-pays for in-network preventive services like annual wellness visits, mammograms, and prostate exams. and $0 co-pays for routine vaccines and telehealth visits. you get worldwide coverage for emergency and urgent care when you travel, so you can have peace of mind when you're away from home. and of course, you should be able to see the providers you like. that's why humana works with multiple large plan networks of doctors, hospitals and pharmacies. so, get the most from medicare with a humana medicare advantage plan. you could have more coverage than with original medicare with $0, or low monthly plan premiums, and a yearly cap

on your out-of-pocket costs. it's called medicare advantage for a reason. so, call a licensed humana sales agent today to learn more, and to request a free decision guide. be sure to call today to find the plan that's right for you with extra coverage, and benefits. humana. a more human way to health care. it

877877 cash. now to get a $100 gift card for a free quote.

>> we're back with another update on that high school shooting in nashville, tennessee. nbc's jesse kirsch is following this for us. i know that you were able to listen to the press conference. what's the update? >> yeah. so, chris, we now have an update and an increase to the death toll. authorities now telling us that there are two people who are dead, the suspected shooter, as well as a female student who was a victim of this attack, according to police. so what we are told by investigators at this point is that a 17 year old male student was in the cafeteria armed with a pistol, opened fire and shot two female students. one of those students was killed, and police say that the suspect turned the gun on himself and shot and killed himself. and so that is the situation in the nashville area right now in antioch, tennessee. and you can see the crowds there. they've been out there for hours outside of the school. as we wait for more information, authorities are saying there is no ongoing threat to the school. so to repeat, there is no ongoing threat to the school, according

to authorities. but we know there are two people dead and it appears at least two students injured, one who was shot and is being treated, and another who was a male student who has some kind of facial injury, we're told, by police. but they clarified it is not a gunshot wound. so we'll wait for more details on all of that. and we're also continuing to try to, of course, look at how this would have unfolded and will be asking questions about any security lapses that may have been there. i do want to say that the police spokesperson a short time ago said there were two school resource officers in the school building when this unfolded, but they were not, quote, in the immediate vicinity of the cafeteria when this happened. so of course there will be questions about staffing there, as we always look at in the aftermath of something like this, what kinds of changes can be made, but yet another school community dealing with a deadly shooting this afternoon, excuse me, occurred earlier today. this morning, late morning, chris, this time in the nashville area. send it back to you. >> and all too familiar scene

outside another american school, jesse kirsch. thank you. well, today the supreme court heard arguments in a civil rights lawsuit over the fatal police shooting of a young man during what was a routine traffic stop back in 2016, in texas. at the heart of this case is what's known as the moment of threat doctrine, used by some, but not all, of the us circuit courts. it limits the review of an officer's use of force to the precise moment that they, or others felt a threat to their safety. what it excludes is events that lead up to that. the victim's mother, who brought the suit, argues that the officer violated her son's constitutional rights. >> i want. >> ultimately. >> at the end. >> of the day. for the. >> city of. >> houston, harris county. >> america, to know. that my son. >> was a. >> victim and. >> never a suspect, ever. >> he was a victim. >> he was. >> murdered by the police.

>> never a suspect of nothing. that's what i want everyone to know. >> joining us now, nbc senior supreme court correspondent lawrence hurley and charles coleman, civil rights attorney, former brooklyn prosecutor and an msnbc legal analyst. lawrence, first walk us through what happened during that traffic stop and the arguments that are made in the lawsuit. >> yeah. so as you discussed, the key issue in this case is whether the. >> immediate moment when the officer in this case decided. >> to use. >> force is the only thing that the courts should consider. but in this case, the moments leading up to it are quite important because the officer made this routine traffic stop, as you mentioned. then at some point the car started to move forward and we don't exactly know why that happened, but when it did, the officer then jumped up onto the door sill and quickly opened fire twice, killing ashton barnes in the process. and so the issue then is, do you consider those moments in which the officer made that decision to jump up onto the doorsill, which the lawyers for the family say, you

know, that escalated the situation and led to him having to use force to stop the car? so then it sounded like during our arguments today in the court, that the justices would reject the moment of the threat doctrine. so that could be a significant victory for the plaintiffs. >> charles, the judge who dismissed the case, said that he was forced to abide by the moment of threat doctrine. but if he wasn't, he could consider a broader array of evidence. obviously, that's the whole point of this, right? how would it change the case if you could include the moments leading up to that shooting that was fatal? >> well, when. >> you. think about a case like this, chris. >> everything that. >> that officer did preceding that encounter, everything about that stop, each step ultimately escalated the potential of a threat. and so when you're taking the totality of the circumstances into mind, it changes what is a reasonable outcome. the supreme court has considered a number of cases around police violence, starting in the early 80s and running

throughout the 90s, and one of the things that came out of these cases was the notion of totality, of the circumstances, and what a reasonable person would do. well, if you're not considering how you have contributed to those circumstances and its totality, then it changes how reasonable your actions are as a law enforcement agent, and so that significantly alters the overall picture and the outcome in a case like this. >> and we mentioned the fact that different u.s. circuits have different approaches to this. some use it, some don't. what would a supreme court ruling mean for all of that? would there be uniformity then? >> there would need to be uniformity. >> but here's the problem. even if you get rid of this doctrine, you still have the very problematic and very troubling doctrine, doctrine of qualified immunity, which is going to shield officers from accountability even when they are found to have committed wrongdoing and used excessive force. so on one hand, this is a step in the right direction. if the supreme court does take the

right steps and gets rid of this, however, you're still having to deal with qualified immunity, which is a bigger problem and does not create the type of accountability that we need and only continues to enforce a broken policing system in america. >> if the supreme court would reject this, however, could it reopen other cases, civil or criminal? >> i think it could. i think that you would likely see a different review and a number of appeals where people would be saying, under the circumstances, this moment in time doctrine, this immediate threat, moment of threat doctrine that has been used to basically suggest that i as an officer or that that person as an officer, the offender was not at fault should be reviewed. and there are some cases that would be reviewed. everyone is not going to get that review and be granted that, but i do think that it would open a door for a number of cases to be looked at. >> charles coleman, lawrence hurley, thanks guys, much appreciated. and just last hour we got news of two more wildfires in southern california. one already forced new evacuations, this time near

san diego. the other is ballooning fast in los angeles county. nbc's dana griffin is reporting for us. what more do we know about these, dana. yeah. chris. >> so this fire, this is a huge fire. this is burning about northwest of los angeles. this is in the castaic community right now. the fire, according to cal fire, is at 100 acres. but this is growing at a rapid at a rapid pace. as you mentioned, this started within the hour. and right now it's burning in a remote area, but it is threatening nearby communities. you can see that large, thick plume of gray smoke. it's also casting a really dark shadow over a nearby community. we've been listening to the local affiliate that has that chopper up right now. they've been warning people in that area to get out now, if you can. the good news in this situation is those wind gusts that we have been experiencing over the last several days, right now, about 20mph. so this is the time window for those crews as you see that helicopter going by to dump as much water on this fire as possible before

those wind gusts pick back up starting this evening. and so we've been seeing crews make drops. they've been calling for more resources. right now. you've got very dry dry brush dry air. so this is a critical threat to this area. but the hope is that firefighters can knock this down. it has the potential to grow even larger. we're also monitoring a fire in san diego county that started just before 9:00 this morning in rancho bernardo. right now that fire is about seven acres, but it caused a bit of a stir because some schools, it was burning nearby, some local schools and some schools either evacuated or had to go on lockdown. the fire was threatening structures at one point, and we're hearing reports of one person injured, and this is just a culmination of what we have been warning about over the last several days, these red flag warnings that have been in effect, it was actually extended till tomorrow because of these wind gusts that are coming in and these these canyons, dry areas that are being threatened

by by the fires. no word yet on how these fires have started, but that's something that officials will investigate once they try to knock it down again. if you are seeing smoke and can smell it, that is a good sign that you should start packing up and be ready to go once those evacuation orders are issued. chris. >> yeah, we can see from those aerial pictures just how close it is to some residential areas. can't catch a break. dana griffin, thank you so much. coming up, covid, flu and rsv all spreading nationwide. so what happens when the government stops keeping us up to date? you're watching chris jansing nice to meet ya. you're watching chris jansing reports only on my name is david. i've been a pharmacist for 44 years and i'm from flowery branch, georgia. when i have customers come in i recommend prevagen. number one, because it's effective. does not require a prescription. and i've been taking it quite a while myself and i know it works. and i love it when the customers come back in and tell me,

"david, that really works so good for me." makes my day. prevagen. at stores everywhere without a prescription. the itch and rash of moderate to severe eczema disrupts my skin, night and day. despite treatment, it's still not under control. but now, i have rinvoq. rinvoq is a once-daily pill... that reduces the itch... and helps clear the rash of eczema— ...fast. some taking rinvoq felt significant itch relief as early as 2 days. and some achieved dramatic skin clearance... as early as 2 weeks. many saw clear or almost-clear skin. rinvoq can lower ability to fight infections. before treatment, test for tb and do bloodwork. serious infections, blood clots, some fatal... cancers, including lymphoma and skin; serious allergic reactions; gi tears; death; heart attack; and stroke occurred. cv event risk increases in age 50 plus with a heart disease risk factor. tell your doctor if you've had these events, infection, hep b or c, smoked, are pregnant or planning. don't take if allergic or have an infection. ♪♪ disrupt the itch & rash of eczema.

talk to your dermatologist about rinvoq. learn how abbvie can help you save. policies. for seniors, and in just seconds, you can use the free calculator at abacus. com to learn what your policy might be worth. >> for many of my clients, selling. >> their life insurance. >> to abacus was right for. them and their estate plan. >> don't sell or lapse your policy without going to abacus comm first. there are no fees and no obligations. get the real value from your life insurance when you need it with abacus. >> hello. >> i'm veronica. >> my name is. >> darvin. >> i'm courtney. >> i'm jackie. >> and we switched. >> to. >> consumer cellular. >> my previous provider. was terrible surprise. >> we've changed. >> your rate. >> we wouldn't get to talk to a person. >> and then all of a sudden, it disconnects. >> now. >> with consumer. >> cellular, no problems. >> better customer service.

>> they tell me exactly what i'm. >> paying and why. i'm paying for it. >> it's within a. >> dollar of being half. >> of my old. >> bill with verizon. i was paying about. $150 a month with consumer cellular. i'm paying about half that. >> okay, this is doable. this is affordable. >> i'm getting the exact. >> same coverage for. >> half the price. that's a beautiful thing. >> done deal. >> i got to keep my phone. >> i got to. >> keep my number. switching over took about 20 minutes. that's it. >> it's month. >> to month. >> very simple. >> it's been amazing. >> i was now a consumer. >> cellular customer. >> and i've been bragging to my friends about it to. >> call (800) 918-5789 to switch and save up to half with consumer cellular. plus, for a limited time, new customers get limited time, new customers get their second month free. (sigh) (snoring) if you struggle with cpap... you should check out inspire. honey?

inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com spreadsheet instead of using quicken. quicken pulls all. >> your financial. >> info together in one place and updates it automatically. how easy is that? >> no matter why you started your business, your goal is to keep on growing and with the help of financing from capetus, you can meet all of your business goals. because at capetus we finance the legacy builders, the creators, the freedom chasers, the opportunity freedom chasers, the opportunity seekers. at capetus, we finance time to press rewind with... neutrogena rapid wrinkle repair. it has derm-proven retinol... ...expertly formulated...

...to target skin cell turnover... ...and fights not one—but 5 signs of aging. with visible results... ...in just one week. neutrogena levels of flu, covid and rsv. and as the nation's health system confronts those converging threats, the trump administration has ordered key federal health agencies to stop all communications with the public. that's according to a memo obtained by nbc news. advisories, weekly scientific reports, social media posts, sources of critical information about health threats and trends will all be on pause, although it's not clear for how long. joining us now, doctor kavita patel, former obama white house policy director and msnbc medical contributor. so my first question is just is this unusual or is it a case of a new administration finding its footing?

>> yeah. >> chris, a great point. >> so we do see some of these kind of pauses in communications during transitions and administrations, mostly. >> to allow the. >> kind of current. >> new political staff to be able to just. >> figure out. >> what's going out the door. >> but it's. >> never had this broad. >> sweeping kind of mandate. around nih, fda, cdc, and to your very important point, right. when we're in the midst of what feels like the. entire country in some form of like viral storm rage. so i think. >> all of. >> those. factors together make this highly unusual as well as, i think, the lack of just clarity, like which things are more important that can get through. we know that. some advisories, for example, food safety recalls, drug safety recalls that that is being allowed to go through as it should. but then to your point, clinicians such as myself. rely on the fda and cdc to give us clinical guidance in response to what's happening. it's not clear if that's going to happen soon. >> well, what impact would an extended pause mean for public and the public and health providers?

>> yeah. so think about it this way. we've got an entire highway system of information that's collecting data in our electronic health records through wastewater surveillance, trying to look at covid levels, you know, other viral levels, influenza. there's a whole network and monitoring system to be able to raise a red alert just in case we see cases rising. they'll also trigger other measures where states and local officials can put extra measures into place. all of those things might get delayed because of the kind of communication like logjam or bottleneck. and that delayed information results in delayed care, and that can result in lives not just lives lost, but in an outbreak response, because we need to be able to act quickly and nimbly. right. we didn't see this as much in covid in the beginning, and we've learned from it, or so we thought. so that has huge ramifications, not just at the federal level, but all the way down to the local level as well as the global level. we're a global country. people travel in and out, so we need to be able to have this just in time. communication from that information infrastructure.

>> i mentioned the surging levels of respiratory illness. how concerned are you right now? how concerned should all of us be as this virus season is underway? >> yeah, i think there are some patterns that are not unusual about this viral season. we've kind of gotten used to with the introduction of a novel virus called covid 19, where we're all kind of getting used to all these things happening at the same time. i think what's concerning is that there's so much misinformation. there's a lot out there on social media that's just saying, this is all fake, that these influenza reports, you just talked about the wildfires. we're seeing parts of our country's health care infrastructure dismantled, things that would be normally in high response. right now, doctors such as myself, emergency rooms in parts of the country, they're overwhelmed with other things. so we have the potential for this influenza season or the viral season to last a lot longer. and i think people forget chris. unfortunately, we see so many deaths from these viruses that gets lost in the story. these are real people, real lives lost and outbreaks like this. we need

to be completely prepared, and it feels like we could be a step behind. in particular with bird flu. it's something we're all keeping our eyes on. no human to human cases yet, but we're always just kind of trying to stay one step ahead of that next outbreak. >> doctor kavita patel, thank you. and if you are watching our show in the last hour, jackson rathod, he's the guy who turned in his dad who had been on the grounds of the capitol there. there's part of the interview had been on the grounds of the capitol on january 6th. he was armed and he ended up being the first of the january 6th defendants to go to prison. now, he has been let out under these mass pardons from president trump. and he was telling me earlier that he's had to buy a gun. he's had to keep moving. he's afraid. well, our correspondent, who's outside the dc jail just talked to his dad and asked him, what's your message to jackson if he's watching right now? and guy reffitt said, i love you. jackson and his wife nicole said, we're going to wait on jackson when he starts feeling more comfortable, more confident. then that will be the

time to reach out to him. but what jackson told us is he can't imagine being safe right now, he said. and it goes far beyond his dad, who you see there, he said. there are people out there that i get death threats by the minute now. i mean, people feel so validated with president trump stepping into office and saying and doing all this and defending all these horrible actions. so we're going to continue to follow this. we're going to continue to be in conversation with jackson reffitt, who very much wants for an opportunity to talk to his dad, but is very concerned for his own safety, not just because of his dad, but because of the number of people who have been threatening him. that's going to do it for us this hour. make sure to join us. chris jansing reports is every weekday 1 to 3 p.m. eastern on msnbc. our coverage continues now with katy tur reports next. >> want the fastest working glp

one for half the price? ro now offers fda approved weight loss injections cheaper with results. you can see faster, lose 15% of your weight with the formula from eli lilly that hits not one, but two hormones to curb hunger and nausea. weight loss hunger and nausea. weight loss faster confidence, higher. price what the biggest companies deliver is an exceptional customer experience. what makes it possible is unmatched connectivity and 5g solutions from t-mobile for business. t-mobile connects 100,000 delta airlines employees, powers tractor supply's stores nationwide with reliable 5g business internet, and partners with pga of america on game changing innovation. this is how business goes further with t-mobile for business. right now across the u.s., people are trying to ban books from public schools and public libraries.

yes, libraries. we all have a first amendment right to read and learn different viewpoints. that's why every book belongs on the shelf. yet book banning in the u.s. is worse than i've ever seen. it's people in power who want to control everything. well, i say no to censorship. and i say yes to freedom of speech and expression. if you do too, please join us in supporting the american civil liberties union today. for over 100 years, the aclu has fought for your rights and mine. including the right to read all manner of books. so please call or go online to myaclu.org. for just $19 a month, only $0.63 a day. you can become a guardian of liberty and help protect all the rights promised to us by the u.s. constitution. make no mistake, this move to ban books is a coordinated attack

on students right to learn. this is a clear violation of free speech. that's why the aclu is working to fight against censorship in all its forms. it is so important now more than ever. so please call or go to myaclu.org and become an aclu guardian of liberty, for just $19 a month. use your credit card and you'll get this special we the people t-shirt and more to show you're helping to protect the rights of all people. the aclu is in all 50 states, d.c. and puerto rico defending our first amendment right of free speech and all of your constitutional rights. because we the people, means all of us. so please, call or, go online to myaclu.org today.

call (800) 378-9643. call now.