it? >> you're wel in break overnight, california leads the way in filing a lawsuit on behalf of5 other states to sue president trump for declaring a national emergency. this on the heels of a presidents' day series of protests from coast to coast. as the president's twitter stormdi of criciscted at former fbi deputy director andrew mccabe continues, word overnight that deputy attorney neral rod rosenstein i likely to step down in three weeks. police investigating the allegedttack on jussie smollett have shifted their focus in the investigation. but will smollett speak directly to police to ty? >> a hiker in distress, trapped in quick sand. e dramatic rescue and cautionary tale. one of the most bizarre and dangerous events we've ever

seen. cowboy pinball at the kentucky bull bash. "early today" starts right now. good morning. i'm marlie hall. >> and i'm phillip mena. the battle over the border wall is heading to court. on the same day that thousands took to the streetsst in pro of president trump's national emergency declaration, 16 states filed a lawsuit challenging the order. california attorney general xavier becerra is leading the charge. he says that they are ready t take this fight all the way to the supreme court. >> i g think you'reng to find that conservative justices along with liberal justis are going to want to protect the constitution, nottrrotect donald p from his abuses of the constitution. so we're feeling pretty good that we' got a strong case. >> we're feeling pretty good about having tracie pott on is morning from washington, d.c. tracie, the white house is also facing a fight in congress. >> reporter: exactly because there's a lot of back and forth, including amo republicans about whether or not the president is taking the right

track here. so while the courts are going deal with this lawsuit, lawmakers who have yet to come back to wasn are debating whether or not this emergency declaration is constitutional.y >> unfortun he's got to do it on his own, and i support his decision to go tha route. >> congress has had a vote on it, and it just expressed itself. so a think it's bad idea. >> reporter: now, there's talk about a b resolution fromh the house and the senate that would oppose the president's emergency declaration. but the white house is hinting pretty strongly that president trump could use his first ever veto to oppose that. it's not cllar at that there are enough republican votes to override it. >> wants to get it through one way or another. tracie, t a major shake-up at the justice department this morning. deputy attorney ge rod rosenstein is expected to step down in about three weeks. the number two t man at doj oversaw special counsel robert s

muellenvestigation after former attorney general jeff sessions recused himself. do officials say rosenstein's departure has nothing to do with recent comments made by forir eputy director andrew abe. nbc's hallie jackson has more. >> reporter: andrew mccabe's defending his side of the story, saying when deputy attorney general rod rosenstein offered to wear a wire inside the white house to record the president after james comey was fired, it was serious, not sarcastic. >> now, he was not joking. he was absolutelyerious and, in fact, he brought it up in the next meeting we had. >> reporter: the justi department, in a carefully worded statement, says rosenstein never authorized any recording, but mccabe is arguing that's not a denial. eputy attorney general says he never authorized anyone to wear a wire that is true. he never authorized it because we never asked himor that authorization. >> you don't think he dytied ng you just said? >> i don't think he can. calls rter: the doj

mccabe's version of events inaccurate, and president trump is going even further, describing mccabe's story as deranged and calling itllegal d treasonous, but the former fbi director discussed invoking 25th amendment to remove the president from office. > he should have gone immediately and said that rosenstein should be removed from office. >> reporr: mccabe was fired from the fbi last year, accused of lying under oath about his int interactions with the media. marlie, back to>>you. hallie, thank you. more trouble for roger stone this morning. the former trump adviser is apologizing for an instagram post attacking the federal judge hearing his case.rk the art included inflammatory language as well as crosshairs in the upper corner of the post. stone has pleaded not glty to

several charges stemming from the russia investigation including obstruction, witness tampering and making false congresss to stone took down the online post and apologized in a court filing, saying that it waspr er and that he had no intention of disrespecting the court. president dond trump is pected to sign a directive today to establish his alsod space force. it would be the first new military branch since the u.s. air force was created. sources tl politict won't be fully independent but will instead remain part of the air force. startup costs for the resident's proposed branch i expected to be less than $100 million. the force is still in the proposal stage. it won't become a reality until sometime during mr. trump's possible second term. hate crime or hoax? questions continue to swirl around jussie smollett's alleged attack with police sources now saying the twoer brothers paid to carry out the alleged assault. celebrities and politicians are weighing in. blockbuster director ava duvernay shared her dbts and

law enforcement echoing the versial laquan mcdonald case. meanwhile, presidential candidate kamala harris had this to say about it. i think that the facts are still unfolding, and i'm very concerned about obviously the initial allegation that he made. i'm not going to comment until i know the outcome of the investigation. >> here with the latest is nbc's miguel almaguer. >> reporter: after multiple requests, jussie smollett's attorneys says he will not speak with investig tors. this aft brothers, ola and abel osundairo, captured in this surveillance photo, toldhe detectives were hired by the actor toha stage wt smollett described as a hate crime. that bombshell from police sources comes after the men, who are not suspects were released without charges. >> innocence prt?ailed, ri my guys are walking home. they're not charged. they are notpects in this case. >> reporter: one of the

brothers, who is smollett's personal trainer, was also an extra on his hit show "empire." last month, smollett says he received this letter containing a death threat after raidi the brothers' home, investigators seized a magazine, stamps, bleach, and a ski mask, potential pieces of evidenec. police sayt developments in the case have shifted the trajectory of the investigation. last week, smollett reined defiant. >> who the [ bleep ] would make something like this up or add or thing to it or -- whatever it may be? >> reporter: after this weekend's developments, h doubled down, saying in part he has now been further victimized bylaims attributed to these alleged perpetrators that jussie played a role i his own attack. if he did, experts say he could face serious trouble. >> making a false allegation of a crime to police is a class four felony punishable by up to three years in prison.

>> reporter: chicago pice say smollett is neither a suspect nor a victim, but he is someone they want to talk to. miguel almaguer, n news. now toorth carolina where a 2018 house race is still unresolved. yestery a key witness testified to tampering with absentee ballots. lisarit sayshe was paid by mcrae dallas, a political operative hired by consultants for republican candidate mark harris, who appeared to have defeated democrat dan mcreddy by 905 votes. tbrit testified the improperly handled dozens of ballots. she insists that mark harris had no knowledge of the operation and claims dallas strongly urged her to plead theifth, telling her and others not to reveal anything. investigeaors say at 1,000 absentee ballotwe request collected at the end of the hearing, which continues toda e

the board ctions will determine if a new election needs to be called. a royal sighting in the big apple. the m dailyl got these exclusive photos here of meghan lowle trying to keep a profile out on the city streets. they say she's on a fi-day secret baby show adventure. the trip was reportedly losest ed by her friends. this is the duchess' first time in new york since her wedding. she'sueround late spring. a 15-year-old girl in las vegas had toas think to rescue her puppy from being eaten by a hawk. cecilia heard her two-poun c yorking and rushed to the dog's rescue. she tried yelling, using aow pio hit the bird, and was eventually successful in throwing patio furniture at the giant hawk. the family believes the bird may have also been a pet. they found torn straps around the burd's a legser the attack. thankfully the puppy, lulu, is expected to be okay after that frightening encounter. >> lulu will never be the same. know.

glad she's all right. >> those talons are no joke, right?bi >> , good morning. good morning. big winter storm is on the way. we've got winter weath advisories and warnings from areas of new mexico all the way to the ecoast, including a big section in the middle of the country. 49 million people under these headlines. as far as the snow forecast, the big huge area is over the midwest a northern plains. we've got this little bull's- e he areas where west virginia and virginia meet. the first part of the snow storm will be later on this evening. from wichita to des moines, to minneapolis, three tohe six i of snow. the heaviest totals will be tti higher eles of western portions of virginia, and even washington, d.c. still has a chance f about three tive inches of snow. that's a look at the big weather story of the day. here's a closelook at your day ead. fo today, we're watching the out. breaking eventually some of that snow and wintry mess in areas of southern plains, including north texas

and oklahoma, notice oklahoma city only 30 degrees today. that's going t o be troub untreated roads.c. washington, now forecast, that's for tomorrow. we'll wait and see. could be a snow day. >> thanks so, mu bill. well, nbc hockey analyst pierre mcguire got too close for comfort to a rogue hockey puck at last night's game. play was halted between the tampa balu lightning and the be jackets when the puck into the benches near the end of the first period, barely missing him as it hit the camera lens. luckily everyone came away unscathed. >> you saw that reaction. he got lucky. > comingup, a new health study reveals the power of pushups. >> and a childhood fear come true. a hiker gets trapped in quicksand. the race against time next. she's doing it again. (vo) no cover up spray here... it's the irresistibly fresh scent of febreze air effects.

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you may not be able to bust them out o with arm like sylvester stallone in rocky, but there is a new harvard study out revealing the power behind pushups. researchers surveyed a group of 1, men and found those who could do more than 40 pushups duri a time test were 96% less likely to develop cardiovascular problems. >> i can do about 12. >> 12? >> about a quarter of the way there. leading the news, a harrowing rescue to tell you about. a hiker spent all night in the brutal cold at a national park in utah after he got trapped in quicksand. nbc's gadiz schwaas the details. >> reporter: in a remote stretch of zn national park, a helicopter hovering over a man n who was trappequicksand. 34-year-old ryan osman rescued after stepping into this area of quicksand and unable to pull his leg free, miles away from cell phone irservice, hislfriend

leaving him with warm clothing and hiking out for four hours before being able to call 911. the group hado spent the night in a storm that brought frigid conditions before the helicopter finally reached them. >> the place he was stuck,e was in running water, up to like his knees. >> reporter: quicksand rescues are extremely uncommon but do happen. in the netherlands, a 9-year-old had to be rescued by ten firefighters. last year a woman was trapped in santa barbara with fire firefighters becoming stuck themselves. now another rescue in a wintry desert and a reminder that the threat of quicksand is rare but real gadi schwartz, nbc news. just ahead, who will, who will rock the oscars? a flap over the flag as well.av we the growing controversy over the arrest of a sixth grader who refused to recite the pledge of allegiance. what happened to him, next.

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fast forwarding into tuesday, west virginia teachers ad school workers set to go on sstike to prote a bill that would divert state funds from public schools to private school vouchers and charter schoolom this ces a year after a west virginia walkout sparked a venationwide nt. the u.s. and china will sit down for another round of high-level talks in washington to end their trade war. on march 1st, u.s. tariffs on $200 billion worth of chine

ods are set to rise from 10% to 25%. > british rock band queen will perform live at sunday's oscar this follows the blockbuster success of best picture ninee "bohemian rhapsody." now to florida where a student there is facing misdemeanor charges after a confrontation with a teacher that began with his refusal to recite the plee of allegiance. nbc's gabe gutierrez has the story. >>ter: a sixth grater at lawton chiles academs >> my son the most amazing kid, and the way that he was treated is not fair. >> reporter: earlier this month, according to an affidavit, the 11-year-old refused to stand for the pledge of allegiance, telling a substitute teacher that he thinks the flag and the national anthem are racist against black people. the confrontation escalated. >> i see this case as an example of a larger problem with african-american students being

singled out a given more severe punishment. >> reporter: the school district says to be clear, thewatudent not arrested for refusing to participate in the pledge. students are not required to participate in theledge of allegiance. unfortunately a substitute teacher was not aware of this.is but theict says it was a school resource officer who decided to arrest the student. the lakeland police department says this arrest was based on the student's choice topt dis the classroom, make threats, and resisting the officer's efforts to leave the classroom. this is overwhelming for him, for all of us. >> reporter: a fierce debate over a controversial protest by a young student and whether school officials overreacted. gabe gutierrez, nbc news. she's doing it again. (vo) no cover up spray here... it's the irresistibly fresh scent of febreze air effects. cheaper aerosols can cover up odors, burying the smell in a flowery fog. switch to febreze air effects!

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when she paints a morning like that. and we know there is no shortcut to quality. and that's why we use nothing but the very best sausage that money can buy. paint yourself a beautiful morning. a nightf fun at a rodeo in kentucky quickly turned into a night of halror when sev people were hurt during a cowboy pinball game over the weekend. the video you're about to see may be disturbing. contestants were trying to win $100 byeing the last man standing in that circle. it turned dangerous when several cowboys were butted by that bull. they reportedly had to sign a waiver. they were warned that injuries were possible. the southern extreme bullasiding ciation had to release a statement saying that no one competing should be taken by surprise that a bull charges at. th and no one watching should be surprised if someone gets hurt. oh, my goodness. trying to win $100?

not worth it. >> it's crazy. there was only one person in a circle that i saw take off b before tl got to them. there was only one person that was like, yeah, this was a bad decision. we still hshe flooding issues. we're watching about 16 million people at risk. we just added a new section of tennessee. mostly northern ppmissis arkansas, through tennessee, northern alabama. look at this rain footprint. that rain is thr inches of rain. this is on soggy soil. a lot of rivers already high. there's going to be problems, especially in those areas that see thunderstorms. today's forecast, pretty quiet in areas of florida and the nortreast. rain ising out in areas of the south. going to be soggy. >> that kind of day. bill, thank you. when we come back, why this iconic photo here is back in the headlines after all thischime. you're wg "early today." by using dish soap to clean grease on more than dishes? using multiple cleaners on grease can be expensive,ti

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good morning. i'm aaron gilchrist. i'm eun yang. we have breaking news overnight. here we go again. other deadly crash on a local road infamous for accidents. >> thisin mo news 4 returns to the scene toind out what went wrong and what's being done to stop more crashes from happening. good morning, everybody. today isal lit the calm before the storm. look at that. quiet weather coming you r

news 4 begins with a storm team 4 weather salert. w and then rain, with ice and slush. a winter storm is headed our way. w is time toet ready. you ready? >> as ready as i'm going to be.

>> i'm eun yang. >> i'm aar gilchrist. we're in weather alert mode. let's get started with chuck bell to see what's ahead of us. >> yeah. winter storm watches have been posted for all of our viewing area. you have all day today, literally, to get everything done that you eed to getdone. it will be a bright and sunny morning. but the snow, which is expected to arrive, arrives about 20 hours from now.fu re weather keeps us quiet through most of the day today. dry weather through midnight tonight. by 6:00, 00 tomorrow morning, snow will be moving in. it will stay all-snow through the morning hours tomorrow. the pink is a changeer from snow to some sleet, freezing rain and rain. ow