>> app today. enter $5 and get $50 instantly with code tv. i could have told you that. >> i could have told you that. >> good day. i'm chris. >> jansing, live at msnbc

headquarters in. >> new york city. >> fire and rain. >> a terrifying. >> new wildfire. >> near la has. >> exploded into a. >> 10,000 acre. >> blaze. >> forcing mass. evacuations and. >> sapping fire crews. >> who've been on the. >> front lines. >> for weeks. >> and while a forecast. >> of long. >> awaited rain seems to be good. >> news. officials warn it. >> could also create new. problems for what is already a dangerous situation. plus, the massive multi-agency effort to seal the southern. >> border now. >> moving ahead. full steam among trump's moves using u.s. troops as reinforcements, cutting off access to asylum claims, even pulling the plug on free legal advice for migrants, and a senate vote set to take place shortly, could put pete hegseth on the doorstep of becoming the next secretary of defense. but will previously unreported allegations about his personal life change any republican minds? a lot to get to on this thursday, but we begin with the exhausting fight against wildfires in southern california, where we are closely

following two blazes that put more than 50,000 people under evacuation orders or warnings. winds are back to near hurricane force today. there have now been red flag warnings in the area for 14 of the last 17 days, a seemingly never ending physical and emotional challenge for firefighters and residents. at this hour. the huge fire is just 14% contained after burning more than 10,000 acres at breakneck speed. a time lapse shows it growing from a spark to more than 3000 acres in just a span of two hours. and all schools in that area are closed in the wake of dystopian scenes like this one at castaic high school. streams of students evacuating midday under an orange, smoke filled sky. nbc's dana griffin is on the ground in valencia, california. nbc meteorologist bill karins is here, and nbc's yamiche alcindor is in washington, d.c. for us. dana, this time yesterday, you

reported that the hughes fire had just started, and since then it shut down i-5. now it's finally stalled, it seems, at 10,000 acres. but tell us what's the situation and what are we watching for in the hours ahead? >> yeah, chris, a much different scene out here compared to yesterday, where we saw that black and orange billowing smoke. behind us is the footprint of this fire. and you can see into the distance just how close this this fire got to homes. and even on this ridge here you can see a line of pink flame retardant that was dropped. luckily, crews made such a valiant effort to get this fire out. we are still seeing some smoke to the left of us. this is what is left of the hughes fire. again, 10,000 10,000 acres burned, 14% contained. that is a really good sign considering what we went through yesterday. you had tens of thousands of people evacuating, many still traumatized from the deadly wildfires just two weeks ago. so people were not waiting around. they were evacuating. and as you

can probably imagine, this area is pretty tense after what the l.a. region has experienced. i want to show you the command post here in valencia. we are seeing several crews that are around here. they're going to get food using the restroom and just kind of in a staging, a holding pattern, will you? and this has been so helpful to get fires like this knocked down, because we've got so many crews from other states, even from other countries here to help california. as the red flag warning continues. and we've noticed the winds significantly pick up just we've been out here since 2:00 this morning, didn't really feel any wind, but we can definitely feel a breeze coming in. that's going to be the biggest concern over the next several hours is new fires start. there was a small brush fire that started about an hour away from us, but it looks like they've got gotten that one pretty much under control. and this weekend rain may be able to help us. but there is also the concern because you've got these burn scars that will not absorb that water. and so there's been

some orders to try to get the debris cleaned up at a quicker pace ahead of the weekend. rain. >> so much to do dana griffin, thank you for that. okay, bill, what's the forecast for these winds. >> yeah the highest winds were overnight. and they'll slowly will be coming down. >> over the next. >> 24 hours. but not soon enough. >> over the. >> weekend we'll have a big change in the weather pattern i'll tell you about in a second. so the red flag warnings, as you mentioned, they're still up for 10 million people, including where the hughes fire is located. and so the winds have been the highest in the higher terrain. and in some of those valleys at. >> the higher terrain, we still got. >> gusts of 57. right now near the hughes fire. the winds have. >> been. >> a little bit lighter over the last couple of hours since the sun came up, so that's good. but again, we're going to continue to see it very dry and it will be occasionally gusty right through friday afternoon. that's when the red flag warnings will be dropped and the santa ana winds. this dominant pattern has been with us the last three weeks. and until this weather pattern changes, we're going to continue to get what we call

offshore flow, which is what they call the santa ana winds. so literally, the air is blowing off of california into the pacific. and when it goes down the mountains, that's when it accelerates. and that's when we have all the problems. but on the friday tomorrow, things are going to change. we're going to start to see the winds coming from onshore. so that's going to bring cooler temperatures. relative humidity is going to go up. and that's when the containment of these fires really jumps. and the best news of all a storm comes in sunday with the first chance of rain in some areas since may. may i mean, it's been, you know, a lot of areas around like a record long streak, dry streak, including areas like las vegas. and we're hoping that we get a good soaking. yes, we're going to have to deal with the burn scars, but it's better than not raining. i mean, we don't want to see more devastation with the burn scar areas, but this is desperately needed throughout all of southern california, an inch possible throughout the area. and if we do get that heavy rain where we've had the fire in the palisades fire and now the hughes fire, we will have other concerns to deal with. and even the mountains. it hasn't snowed so far in the mountains yet this winter, and we in the big bear. we're going

to get some snow too. and angeles national forest, some of the higher elevations. chris. so it's a desperately needed system. you don't want burn scars and mudslides, and you know that going into people's homes, but it has to rain. i mean, we're going to do this fire thing over and over, right through all and all of the rest of this year. >> bill, thank you for that. okay, yamiche, we know president trump is set to visit california after he seemed to threaten the future of fema in an interview. tell us about that. >> well, president trump in his first oval office interview, did spend a number of minutes talking specifically about the fires that have destroyed large parts of california. and he talked about the response, saying that it made our country look weak and helpless. and he specifically talked about fema. take a listen to what. >> he said. >> fema is so bad. fema is a whole nother discussion because all it does is complicate everything. fema has not done their job for the last four years. you know, i had fema working really well, and fema is going to be a whole big discussion very shortly because i'd rather see the states take care of their own problems if

they have a tornado someplace, and if they let that state. >> now, we should also note that president trump, while he is scheduled to go to california. the white house press secretary has said that that might at least be adjusted, possibly because of these new fires that are breaking out in california. but it is as of now that he will be going to california. it's unsure whether or not he's going to meet with the democratic governor, gavin newsom of california. as you just heard, he talked about the fact that states should really be taking care of themselves. and he laid the blame squarely at the feet of democrats for the issues that he sees with fema. he also talked at length about the idea that he's going to go to another state, north carolina, that had an issue with a hurricane that hit. there was destruction there. he said he wants to go there and also survey the damage there on his way to california. but what you see, there was really a vocal and animated president trump talking specifically about changing yet another federal agency. chris. >> yamiche alcindor, thank you. and joining me now is sheila kelleher, captain of the los angeles county fire department. i'd like to say it's good to

have you back on the show, but i'm sorry that you're back on the show because it means we. >> have to stop meeting like this. >> we have got to stop meeting like this. let me tell you about something. i'm sure you know that your colleague, the l.a. county fire chief, said that crews are now getting an upper hand on this fire. how are you managing to keep it from spreading in these red flag conditions? >> listen, firefighters worked. >> overnight in coordination with dozer teams. >> and aircraft. >> and they made incredible. >> work against. >> extreme fire behavior. >> along with. >> bad weather conditions. >> with. >> the wind and. >> steep terrain. >> but the wind did lie down a little bit, which really helped. >> those aircraft. >> flew throughout. >> the night and they. >> made great progress. our helicopters and helitankers. >> so that really helped this. morning when we got out here. >> very little smoke. now those winds are kicking up there. >> still a. >> lot of hot spots and some flare ups out. >> there. >> but we. >> have. >> crews in. the right. >> position to. >> really affect. >> change and continue. >> to work. >> on getting our arms.

>> all the way around this fire. >> so what's your prognosis here? you just heard us talking about the combination of the winds, but also the rain that could be coming, but the problems that could cause with some of the burn areas. what are you watching for through the weekend? >> for the most. >> part. >> if this fire, it is those winds kicking up all day. >> tomorrow. >> we have. >> red flags until tomorrow at 10:00. so they're they're. >> watching that. but we're able to fly our all of our aircraft, our fixed. >> wings with. >> the retardant. >> that's just. >> a huge. >> tool in. >> our tool chest to really continue. just to knock the heat. >> out of this. >> fire so we can. >> increase that. >> containment and keep our community safe. >> they did. >> a great job. >> keeping that fire. >> getting into the communities. >> last night, which was. >> really something to see. >> we've seen these very striking images of the fire threatening heavily traveled i-5 and then, of course, the long lines of cars backed up on that highway. i mean, it's hard to find, frankly, a major highway in that part of california that isn't backed up a good bit of the day. but does it make it harder for firefighters to do their jobs? >> it absolutely it does.

because that. >> smoke laid down across the freeway. >> so it was hard to see. >> so it was a. >> balancing act with. >> our law. >> enforcement agency sheriff as well as chp. >> they did a really good job. >> kind of. >> balancing a closure for a. >> bit. >> just so. >> we could get our resources. >> in and then. >> opening it back. >> up and giving. >> it back to the citizens so. >> they can keep, you. >> know, keep moving in. >> their day. so there's a. >> feathering and a balancing. >> act that we do. but i think they really. >> did an incredible job getting us all in there, because it can be. >> very, very tricky when that. >> closes down. >> i don't need to tell you. it's been more than three weeks since the palisades and eden fire started nonstop battles since then, how are your teams keeping up the energy? >> they're doing a great job. we've got. >> all these three. >> big fires. >> we have all the resources. >> from that. so they're doing. >> an excellent. >> job shuttling the resources and kind of peeling some away and getting them over here. >> that allows us. >> to get our crews rotation. so when they do get on the lines first thing in the morning,

they've. >> had at least a. >> 24 hour rest. >> that's incredible. so and it. >> also keeps. them touching. >> base with their families. so we want to send a huge shout out to all of our families that haven't seen us in about 18 days, and all of our admin support, everybody that is bolstering. >> up. >> this fire is working overtime and consistently. >> captain sheila kelliher i'm not even going to ask you how much sleep you've gotten over the last 18 days, because i know i could probably count it on my hands, but thank you for taking the time to talk to us and our thoughts, and all good wishes to you and the folks who work with you. appreciate it. >> thanks for the good reporting. we appreciate you. >> in 90s, president trump's >> in 90s, president trump's plan to ax feeling backed up and bloated? good thing metamucil fiber plus probiotics gummies work harder for your digestive system. with fiber to help promote gut health. and probiotics to help relieve occasional bloating. so you can feel your best. metamucil fiber plus probiotics gummies. home. it's where we do the things we love with the people we love. so, what if we lived tomorrow in the same place as we did yesterday?

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>> hotel prices. >> from. hundreds of sites. >> so you can. >> save up to 40%. >> trivago is. >> my secret tactic. >> hotel trivago. >> it's starting a series of unprecedented moves by donald trump to shut down the border, including sending 1500 additional active duty troops there and potentially many more in the future. the pentagon surging assets to help border patrol agents, who are under new orders to stop people from crossing into the u.s. and shut off access to asylum. and according to one of trump's top aides, stephen miller, the white house is tapping multiple agencies to help with deportations once they get rolling. >> not only is it going to be ice engaging. >> in these raids. >> but also they're going to have support from their law enforcement partners in fbi, atf, dea, and u.s. marshals. >> we're going. >> to. >> leverage the full. >> power of federal. >> law enforcement. >> and president trump's command and. >> direction to save this

country. >> from this occupation. >> meantime, if state or local officials are seen as trying to interfere with the crackdown, the justice department has been ordered to potentially file criminal charges against them. what's unclear is exactly how it can all be enforced. but the net effect now is fear among immigrants and confusion for many government employees. nevertheless, the trump white house is not slowing down. the very first bill on trump's desk, one that got significant democratic support in congress, is a strict immigration detention order named for lake and riley. she's the georgia nursing student who was murdered by an undocumented immigrant. i want to bring in nbc's julia ainsley. also with me, former deputy pentagon press secretary sabrina singh. joyce vance is a former u.s. attorney, law professor at the university of alabama and an msnbc legal analyst. good to have all of you here. sabrina, you know this topic so well. what's your reaction to the moves you've seen out of the trump administration, particularly the

expanded use of the military to secure the border? >> look, under. >> the biden. >> administration. >> you did. >> see us send active. >> duty military to. >> the border to help. >> with what was going on down. >> there, sending. an additional 1500. >> to augment. >> what's already. >> happening down there. >> i mean, we've already seen. those numbers. >> at the border. >> go down in recent months. so i think the question that we really need to be. asking here. >> is, what. >> are these active duty. >> troops doing. >> and what are they being. >> pulled away. >> from in their longer term missions? >> and how. >> much of this is going to have an impact to readiness? because again, dod can can fill. >> in. >> some of these. >> gaps that dhs needs. but ultimately, we want to fix this problem that's happening at the border. we need a longer term solution. and that's going to be funding dhs funding these. >> border patrol. >> agents so that they. >> can effectively. >> do their jobs. >> well, joyce, the president's executive order on the border says that there is a, quote, invasion happening at the southern border. it's a term that's in that order half a dozen times. he uses it very specifically because, as he points out, the constitution

says that the federal government is responsible for protecting states against invasion. so are they making a legal justification for what they're doing? well, they are they're. >> setting up. >> the litigation that's. >> to come in this regard. >> chris, and. >> it's very. >> clear that. what's happening on. >> the southern. >> border is not. >> an invasion. >> in. >> the sense that. >> that term. >> is. >> used in law. that clearly means. >> an occupation. by an. >> invading foreign. >> country, not people crossing. >> the border. but the trump. >> administration is using. >> this term, as. >> sabrina discusses. >> in an. >> effort to. >> justify use of the. >> military that would otherwise be prohibited, and perhaps to permit border states like texas that have. >> shown an. inclination to engage in. >> enforcement on their. >> own to justify their actions. we'll be. >> hearing a. >> lot more about the use of this word invasion as litigation and legal challenges to the trump administration get underway. and joyce, the trump administration is also doubling

down on what they call the expedited removal of any undocumented immigrants who have entered the u.s. in the past couple of years. the american immigration council writes. that could subject millions of recent arrivals and others swept up by error to potential deportation without a court hearing, depriving them of the chance to demonstrate that they qualify for legal status. due process is in the constitution, in the fifth amendment. it's in the 14th amendment. but do due process rights not apply if you're here illegally? and what about people who might be swept up by mistake? so this situation is precisely why the. constitution guarantees due process to people. because in a. >> situation like. >> this and the classic. example is people. >> who. >> are citizens or lawful green card holders who get. >> swept up. >> in in these. >> roundups. >> and once you deport. >> them. >> in many ways, it's too late to protect their rights. so they're entitled to a hearing. that's what due process means,

an opportunity to be heard in a timely fashion so that they can explain that they are lawfully here. you know, it's not unheard of for american citizens to be caught up in these sweeps and deported, despite their protestations. so, yes, these due process guarantees are important for all people, citizen. >> or not. >> and of course, there's a right at international law to seek. >> asylum. >> which the trump administration is attempting to cut off in these early days. that's yet another reason that these due process hearings are necessary. what we're seeing is something that will ultimately be subjected to legal challenges in the courts by a variety of groups and individuals, and some of those challenges are very likely to succeed. but the. >> problem is. >> it's too late for people who are deported before the courts can get control of the situation. >> so every moment. >> here is important for the people who are being impacted. sabrina, in some ways, and you pointed this out, trump is expanding on what past

administrations have done that other presidents, including obama, have sent troops to the border. but then you hear stephen miller say they want to bring in fbi agents, atf, dea to help round up migrants. he has indicated he might use american soldiers in that effort as well. do you think that's where we're headed? and what do you make of that? well, look. >> there are. >> strict laws on on how the u.s. military is used domestically. >> so that. >> would. >> be subject to challenges, i think, in the legal system as well. >> you know, what. >> remains to be seen is, is how these different agencies are going to be knitted together, something. >> that i. >> think we saw yesterday. >> that the department of defense announced. >> is that these troops that are going to the border are in support of dhs. and i think support that's the key word that we have to really hone in on. they are not the lead. the u.s. military is not leading on the operation. it is really the experts on. >> the ground. >> the department of homeland security and their subsequent agencies, like the border patrol

agents that are going to that are going to be the lead and the u.s. military and our men and women in uniform going down are there to augment their support already. but again, this is something that if you're going to continue to deploy more forces to the border, what is the long term impact that that is going to have on. the force and u.s. readiness as we confront the many challenges all around the world with our adversaries, who are certainly looking to this and seeing how we're, you know, changing our force posture both domestically. and that could have an impact, of course, internationally as well. >> and as we speak, a federal judge in seattle is set to hear arguments regarding a multi-state challenge to trump's executive order on birthright citizenship. joyce, what do we know about that? so this is a challenge broad. >> in. >> washington state, other states, including arizona and oregon, are involved in this challenge. and the states attorneys general involved are asking the judge to enter a stay

of. donald trump's order that would strip people of birthright citizenship. that's a right the constitution guarantees to people born in the united states without regard to the citizenship status of their parents. and so these states are making the argument in court, literally, as we're speaking right now, that the judge should enter a nationwide injunction because citizenship rights can't depend upon the state that you're in when you're born. they have to be guaranteed across the country. look, this judge who was appointed by ronald reagan, a very conservative judge who's hearing this case, is also a constitutionalist. and because birthright citizenship is embedded in the 14th amendment, the courts have consistently construed citizenship as a right to people who are born on american soil. it's very unlikely that the trump administration can prevail on this in court. but there are a number of challenges in progress

across the country, and ultimately, this issue will have to be decided by the united states supreme court. julia, it is in the 14th amendment. so this is something that has been protected, right, for over a hundred years. what are you hearing about how this might play out? >> well, chris, we're getting some notes from the courtroom right now and it's not looking good for the trump administration. the judge in this case, as joyce pointed out, was appointed, appointed by ronald reagan, seen as a conservative judge, is saying that they have been on the bench for over four decades. and this is a quote from the judge inside the courtroom right now that we're getting from our reporters inside. i can't remember another case where the question presented is as clear as this one. this is a blatantly unconstitutional order. then the judge went so far as to accuse the justice department lawyer who is representing the trump administration in this case, saying that i can't believe someone could have taken the bar and be here today to try to defend the constitutionality of this order. so really going very far now the trump administration

is back on their heels trying to explain that if the judge does do a temporary restraining order, they hope that it could make some carve outs. and it's really unclear exactly how they're going to get back from that. but the judge does have until february 19th, because that's when the order was set to take effect. the way that the trump administration wrote that executive order, it directed different federal agencies to basically take a 30 day review and look at how they could end birthright citizenship, because it affects so many agencies health and human services, social security. think about when a baby is born at a hospital, how many different ways that baby has to be registered within our system. the other fear here is that if children are born not only to unlawful immigrants, but people who are here lawfully but temporarily, are those people then stateless? do they belong to the country from which their parent is from? that could get really complicated, depending on different laws around the world. and so this judge isn't even weighing in right now on the logistics of how this would play

out. just saying this is blatantly unconstitutional to try to change the 14th amendment, which has been in place for hundreds of years and was ratified again by congress in 1952 without making without going through congress to change something that is ingrained in the us constitution. chris. >> julia, you're so deeply sourced in these issues. and so i'm very curious. take birthright citizenship. but beyond that, all the changes that are being proposed and some already we see the administration taking action. what's the level of concern within the immigrant community, but also the people who serve them? and that includes both people who may be on the federal or state payroll, as well as, let's say, legal aid folks who try to help them once they come in. >> i mean, there's a lot of concern right now, even from people in the law enforcement community who some, by and large, were glad to see trump elected. if they signed up to do immigration enforcement. they wanted a president that was pro enforcement. but there's fear that there's some unfunded

mandates here that trump and people like stephen miller are painting with a broad brush, but that in reality, it's hard to do things like end catch and release if you can't hold people in detention indefinitely because their countries won't accept them back or we run out of space. what does it mean when you completely shut down asylum across the border? we know they've ended cbp one, so they can't apply that way. they can't come across the border illegally and claim asylum. biden ended that. i reached out to a cbp spokesperson today to say, can someone apply for asylum if they cross a legal point of entry? they don't even have an answer on that right now. a lot of confusion and consternation among federal law enforcement, and of course, those immigrant communities as well. chris. >> julia ainsley, sabrina singh and joyce vance, thank you all so much. and still ahead, pete hegseth nomination. facing a critical moment in the u.s. critical moment in the u.s. senate. we'll go a beard that doesn't itch. and you're using king c. gillette on that thing? king c. gillette? look! this beard trimmer pro's got 40 length settings. and this beard oil — one of gq's best beard conditioners for soft, no itch facial hair.

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all in one place? my favorites. get xfinity streamsaver with netflix, apple tv+, and peacock included, for only $15 a month. very tight vote to confirm pete hegseth quo and is open to new ideas. he's intent on lethality and readiness and we should all be. his experience in the line of fire and his servicemember advocacy make at least one thing clear. pete

close? >> well, i'll tell you now that there are a handful of republicans, including maybe some developments happening right now with certain republican senators, including susan collins, lisa murkowski, individuals who are con about all of these allegations, some of them have actually seen the unredacted version of that report from danielle hegseth, the ex-sister-in-law of pete and samantha, in which she describes those allegations that we've been talking about, many of which that texas attorneys of course, deny, and that samantha has denied to us in the context of physical abuse. i will also tell you that some republicans aren't budging because of samantha's on the record statements. and we had just learned, chris, that last night, the top two lawmakers on the senate armed services committee again received another briefing, this time from white house counsel, who told at least one of the two senators that the fbi background investigation into pete hegseth has now been officially closed. we are just half an hour away from that procedural vote taking place at

2 p.m. today. we do expect some republicans, even ones who are on the fence about hegseth, to move forward in that process. but there are still question marks on how they will vote in that final vote tomorrow. take a listen to some of what we've heard from them. >> it's really hard to buy into the affidavit. >> when the. >> ex-wife has also. >> sworn that it did not happen. >> are you asking. >> if i am inclined to move from a yes vote? my answer is that i'm still a firm yes. >> i'm interested in anything. until the final vote. i voted on the motion to proceed last night, but i've made it very clear to the administration, my colleagues, that i treat every one of these pieces of information with respect. >> i can share with you, chris, that we are expecting a statement from senator lisa murkowski of alaska very, very soon on where she stands on hegseth and that senator roger wicker told my colleague frank thorp earlier today that if he were jd vance, he would stick around for a potential tie

breaking vote tomorrow night. >> julia ainsley, thank you for that. tim. wow, this is interesting, right? i mean, i think a lot of people have been standing around and saying, okay, what will happen when the rubber meets the road? will some republicans, when it turns out they disagree, stand up to the president? >> well. >> look, i think a couple. >> of nights. >> and. >> she mentioned lisa. murkowski and. >> susan collins. >> here's the thing, though. the republicans have. >> 53 seats in the in the senate. right. so you need. >> four republicans. >> to actually drop any of these nominees. that's why jd vance has to stick around, right? if there's a third person, then he would be the tie breaking vote. you would assume he would vote for all of the president's nominees. so i think that you might see this from collins and murkowski. the clip there that you played of joni ernst in the hallway, though, i think was the most important. right, because she was kind of the key senator being on the armed services committee, having having talked about sexual assault in the military being a key issue for her, having expressed skepticism of hegseth, if. she was against, then you could easily see a path. >> to four. >> but she and that she seemed

defiant in that hallway interview. so it's kind of hard to see who would join murkowski, collins and maybe mcconnell who who the fourth person is. someone would have to emerge that we haven't heard a peep from at this point. and i find that kind of hard. >> to believe. >> hold on. because i'm told that we did get the murkowski statement. let me go back to julia. julia, what do you got? >> yeah. chris. well, senator murkowski says in a very, very long statement that i'm just going through, i should note this is the one that she posted and then deleted. now it is official again. she says the leader of the department of defense must demonstrate and model the standards of behavior and character we expect of all service members and this nomination to the role poses significant concerns that i cannot overlook given the global security environment we're operating in. it is critical that we confirm a secretary of defense. however, i regret that i am unable to support mr. hegseth. this is big because she is, of course, one of the names that we've been hearing about that has been concerned about these allegations even before danielle hatch said, sign her name on that sworn affidavit.

they've been talking to whistleblowers who, in the words of senator thom tillis yesterday, have corroborated some of these details, have provided interesting on the day of his hearing, 100 navy seals marched from the vietnam veterans memorial to the democrat who could surprise us. in tomorrow night's vote, he met with mr. hegseth. they both had favorable things to say about each other. so we're watching this really closely. chris. >> yeah, it's kind of a12 punch, both on his standards and behaviors, as she puts it. but she also says that the managing the department of defense requires vast experience and expertise. and he's not demonstrated he's prepared for such immense responsibility. so big breaking news there, julie sirkin, thank you. you're going to stick around tim miller, but

we have more breaking news. i want to bring back julia ainsley. we were waiting to hear from the judge on the request on trump's birthright citizenship order. do we have a decision? >> we do a quick decision, chris. the judge just issued a temporary restraining order putting a nationwide block, at least temporarily, on trump's executive order to end birthright citizenship for children who are born to mothers who were in the united states, either unlawfully or temporarily. this was quick, i'm told, by our producers in the room, daniel barnes said, that the judge said out loud, i have signed the tro, that temporary restraining order. just as soon as the lawyers from both sides stopped talking. it was a quick decision. but what this means, chris, is that this is surely going to end up at the supreme court. we can expect an appeal from the trump administration. we can expect that they will continue to fight this legal battle all the way to the supreme court. what today's arguments did is they gave us a window into how this trump, how the trump administration is going to argue most of their

arguments centered around the fact that they didn't want a nationwide ban and that they thought that the judge was out of his authority to do a ban on to enjoin the president. there wasn't much about why this order in itself was constitutional. and as we pointed out earlier, the judge had ever for decades on the bench, this judge is 85 years old, and that he had never seen anything as blatantly unconstitutional as this executive order, chris. >> well, we'll see if it eventually gets before the supreme court if they agree with that. julia ainsley, thank you for staying on top of this for us. still ahead. rebuked from the bench. federal judges reacting to donald trump's decision to pardon 1500 january 6th rioters. but first, breaking in just the last couple of minutes, the s&p 500 at a record high today after president trump called for lower interest rates and cheaper oil prices. the president, making those comments during a virtual address at the world economic forum in davos, switzerland. we'll have much more on his remarks in our next

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>> need to. >> be a nightmare. plans from homeserve start at just 4.99 a month. call 1-888-246-2612 or visit homeserve. com. >> president trump is doubling down on the blanket pardons. he offered more than 1500 january 6th rioters, including those convicted of violent crimes. here's what he told fox's sean hannity. >> most of the people were absolutely innocent. okay. but forgetting all about that, these people have served horribly a

long time. it would be very, very cumbersome to go and look, you know, how many people are talking about 1500 people today? >> nbc news spoke to january 6th officer michael fanone, who was brutally beaten by the mob that day. and he's concerned about his safety now that so many rioters have been pardoned. he told us the response he got from the justice department is he's no longer a victim. let's bring in nbc news justice reporter ryan riley. and tim miller is back with me. ryan, you not only spoke to fanone, you also have new reporting from federal judges who are very upset about these pardons. what do you know? >> yeah. so the federal judges here have issued a lot of have had opinions. just three of them so far have issued opinions, basically trying to lay out their opposition to these pardons while, you know, going through with their duties. because obviously, under the constitution, the president has this ability to pardon, but sort of registering, i think their dissent in a way, and saying that, you know, regardless of

these pardons and regardless of what donald trump has decided to do, that the history of january 6th itself cannot be replaced, cannot be erased. and the evidence that has been laid out in these court proceedings is irrefutable. and it shows that this mob of donald trump supporters who believed his lies about the about the 2020 election, brutally assaulted law enforcement officers that day and dragged some of them down, dragged some of them down the steps, you know, drove tasers into their into their necks, assaulted them with bear, bear spray, pepper spray, used furniture against them, bashed in those windows, kicked them in the head. i could go on and on and on. and it's all been proven in court. and regardless of what what donald trump has decided to do here and to pardon these individuals, that has been proven in court. and the evidence still stands. judge chutkan, who actually oversaw donald trump's january 6th case before it was dismissed upon his his election last year, said that you cannot erase the she said you cannot erase the feces

and the terror that we saw inside of the capitol that day. and she cited a case which in one of her cases that she had there is evidence and proof that feces were smeared in the us capitol that day. and she said that obviously the you know, that what happened here should not be erased and should not be whitewashed through history. and i think that's what a lot of the prosecutors here feel. and, you know, i've been i've been chatting with some of the former prosecutors and they've been telling me that they stand by what they did, and the evidence will stand for itself. the record will stand for itself. even though it appears that the trump administration is doing everything it can to erase that history by wiping some of the websites of that information, it still will survive, and it will still go down in history. >> so. >> tim, the evidence is well known. what was done there to people like officer fanone, who's well known. so what do you think about donald trump saying it would be really cumbersome to have to go through 1500 different cases, i guess, and

then figure out which ones should and shouldn't get pardoned. >> pathetic. doing the work of government is cumbersome. >> it's hard. >> to do, to be fair and to be just right. like this stuff does take work. it took work. it was cumbersome to for the prosecutors and for the judges and for all the juries that looked at all of this evidence the jurors, their peers, the americans who volunteered their time and determined in many of these cases that these that the accused were guilty. and so, you know, look, i, i also wouldn't have been that cumbersome just to decide. he could have just gone to ryan reilly's twitter feed. >> and like. >> look through to see the ones that attacked police and said, okay, we'll put them in a pile for review later. so, you know, look, i talked to sergeant gonell, who's one of the other sergeants who showed up there, and he's he's just furious. and he should be. and he served the country multiple times. he was protecting the capitol. if he sent me the pictures of his hands and feet and how they looked that day and bruised and battered, and it's just it's despicable that they wouldn't have taken the time to at least

look at the people who violently attacked these cops and treated them differently. >> we do know that. and we've talked about this on the hill. people seem like they live in two different countries sometimes. but on this issue as well, the divide couldn't be more stark. >> these pardons are sick. they are offensive. >> they are un-american. >> and i don't. >> ever want to. hear about law and. order from. >> your. >> side again. mr. speaker, when your side is letting. >> criminals back on. >> the streets, criminals. >> who beat. >> cops and try to. >> overthrow our. >> government. >> the president has made a decision. we move forward. there are better days ahead of us. that's what we're excited about. we're not looking backwards. we're looking forward. they call it the biden crime family. if they weren't the crime family, why do they need pardons? right? look, there's a lot of attention that's going to be paid to this, and i think that is appropriate. and we will be looking at it as well. >> we will be looking at it. and then trump said that biden got bad advice to pardon everybody but himself. what are you expecting for joe biden? >> well, kind of a dark irony is because of the trump cases, he

has broad immunity for actions that happened when he was president. so i don't think president biden has a ton to worry about. it is ironic listening to mike johnson there. it's like we're not looking back when it comes to pardoning the cop beaters, but we are going to look back when it comes to the biden administration. and it's just it's almost not even worth pointing out the rank hypocrisy i didn't really agree with, particularly some of the family pardons that president biden did. and i think it would be fine to look into some of that. but a lot of this is just obvious political posturing and hypocritical. >> tim miller, always good to see you, ryan reilly. thank you always. we appreciate it. and a quick programing note, msnbc films will present king of the apocalypse the inside story of the rise of the oath keepers leader, stewart rhodes. be sure to watch that. sunday, february 2nd, 9 p.m. eastern, right here on msnbc. and still ahead, the trump administration escalates its attacks on diversity programs in the workplace with a stark new warning. but first, the price of eggs and gas hitting a new high. so what's

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romans is here with me. let's talk first about these egg prices. i was telling people i bought eggs yesterday on my way home from work. sticker shock. yes. >> how much were they? >> 850. >> wow. yeah. on the coast, they're more. i mean, i've seen them seven and $8 in california. i've seen them very expensive here. that's the national average, but that's an average. >> i need to go back to ohio in my home state. i'm sure they're more like four. >> that's the national average. and they're so high. it's been two years this has been happening. this bird flu crisis is just not showing any signs of abating. you've had another 13 million birds infected over the past just 30 days. so we're in the thick of this health crisis in these flocks. and that is meaning that there's a shortage of eggs. at the same time, over the holidays, there was huge consumer demand. people celebrated over the holidays. they baked, they went out. so suppliers are telling us there was a big supply issue because of bird flu and a demand issue because people wanted to eat more eggs. >> and to be. >> fair. >> the white eggs were sold out. >> yeah. >> so i had to get the like super fancy eggs. that's why they were. >> so the availability is

another thing. i mean, it's not like you can just go and pick five different kinds of eggs. you might have to buy the eggs that are on the shelf. that's exactly. >> what i did. what about gas prices? what's going on there? >> they've been rising as well over the past month, up about a dime. so now they're $0.05 more than they were a year ago. so you've seen these prices starting to drift up. a couple of things happening here. the expectation of more sanctions against russia, that of course, one of the reasons why gas prices are rising on the global market. also watching the threat of tariffs, the u.s. imports a lot of alberta, other alberta crude from canada. if there are tariffs on canadian crude, would that raise prices for u.s. drivers who who are driving their cars with that refined crude? unclear. that hasn't happened yet. the president has not put tariffs on quite yet. the president just a couple of hours ago saying that he's going to lower energy prices. he's going to lower prices for groceries. and that is a big priority for them. but we'll wait to see how that works out. >> we will indeed. christine romans, thank you. you a movie buff? >> yeah i am. >> okay, here we go. the most

recognized films at this year's oscars are sending a powerful message about politics and identity. at a time when the culture wars are dominating the headlines. netflix's amelia perez, a genre busting musical about a trans identity, garnered a whopping 13 nominations in total, including best actress for karla sofia gascon. she is the first openly transgender actress to be nominated for an academy award. nominated for ten oscars. the brutalist, a film about a hungarian architect and holocaust survivor moving to america but struggling with immigrant trauma and anti-semitism. the hollywood blockbuster wicked, with some messaging about resisting authoritarianism, also did well. ten nominations. we'll learn the winners on march 2nd and still mr. van hollen. mr. warner. mr. warnock. ms. warren. mr. welch. mr. whitehouse. mr. wicker. mr. wyden. mr. wicker. mr. wyden. mr. young.

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