ken dilanian has late developments. >> reporter: tonight, special counsel jack smith fighting to keep the january 6th case against donald trump alive. in a new filing with new evidence, smith tailoring his criminal case to survive the supreme court's ruling that presidents can't be prosecuted for carrying out official acts writing that although trump was president during the charged conspiracies, his scheme was a fundamentally private one. smith also laying out new details about trump's conduct and conversations in the days and hours before his supporters stormed the capitol on january 6th, 2021. after trump began claiming fraud, even as votes were still being counted, the special counsel quotes a trump aide as saying, "make them riot." but the bulk of new revelations involve trump's alleged interactions with vice president mike pence, based on five pages of notes by the vice president. the special counsel saying pence gradually and gently tried to convince the defendant to accept the lawful results of the election including a private lunch in december where pence encouraged trump not

ken dilanian has been digging through. it's 1,800 pages that have been released. i don't envy you that. it has to be fascinating. these are the pages the trump lawyers tried so strongly to prevent from being seen. >> they did. it's not just me. we have a team of readers at nbc news pouring through to see if there are new morsels in here. so far, the vast majority of the pages are fully redacted. that's all the sensitive material involving grand jury testimony, fbi interviews. that's unfortunate. it would have been great to see that. what we are seeing are mostly materials that have been in the public record. i have to say, just reading through, it's really rather remarkable. for example, i was reading through the so-called eastman memo, the plan by lawyer john eastman for mike pence to throw the election to the house of representatives, to stand up there and say that the election is in dispute because there are different sets of state electors. you -- john eastman has been charged criminally in arizona. he is fighting disbarment in california. he could end up in t

>> ken dilanian, thank you. >>> up next, stories of survival, heroism and hope from the flood zone.ews is next. g depression is a journey. i'd made some progress on my antidepressant. but i was still masking my symptoms. so i talked to my doctor. she told me i could build on my wins, without changing my antidepressant. rexulti, when added to an antidepressant, significantly reduced depression symptoms more than an antidepressant alone. and less depression? that's a win. elderly people with dementia-related psychosis have increased risk of death or stroke. antidepressants may increase suicidal thoughts and actions and worsen depression in children and young adults. call your healthcare provider right away to report new or sudden changes in mood, behavior, thoughts, or feelings, or if you develop suicidal thoughts or actions. report fever, stiff muscles, and confusion, which can be life-threatening; or uncontrolled muscle movements, which may be permanent. high blood sugar can lead to coma or death; weight gain, increased cholesterol, unusual urges, dizziness on standing, falls, seizu

joining us now nbc news justice and intelligence correspondent ken dilanian.ngton post" found. this is the fake video and then the real man. >> i was a student at the -- high school in minnesota. and i realized this when i was 14 years old. >> well, it's obviously not me. the teeth are different, the hair is different, the eyes are different, the nose is different, and the accent is definitely an off throwing thing. i obviously don't have a foreign accent. >> joining us now is ken dilanian. ken, good to see you. what is the deal with this? what exactly are officials saying is going on? >> they're saying this is part of a vast russian disinformation campaign. really one small example, the russians are flooding the internet with deep fake videos designed to discredit kamala harris because they want donald trump to win. and then you have iran to also interfere. they want donald trump to lose. and what officials are even more concerned about, though, katy, are attempts to try to prevent people from voting in swing states by putting out false information about time

i want to bring in nbc news justice and intelligence correspondent ken dilanian. ken?inue on the theme that you guys are discussing because really the interactions with mike pence are a crucial part of this document and in section 3, further than where you guys are, on page 139, for example, it goes into a detailed analysis of the infamous tweet that donald trump issued condemning mike pence, which later led to cries of hang mike pence and led to mike pence being evacuated from the capitol. remember that that tweet said "mike pence didn't have the courage to do what should have been done to protect our country and constitution giving states the chance to certify a correct set of facts not the fraudulent or inaccurate ones they were asked to previously certify." usa demands the truth. this document jack smith is arguing was not a public statement of a president, that was private conduct to a person clinging to power. it goes into almost a novelist i can rendition of what happened in and around that. essentially that's what this document is, it's incredible level of deta

ken dilanian is following this for us. >> reporter: to enter this contest, to be eligible for the $1 you have to be a registered voter in pennsylvania, arizona and elsewhere. some legal experts say it comes close to violating a federal statute saying you can't pay people to register to vote. the justice department sent a letter putting them on notice this contest may violate federal law and could prompt a criminal investigation. it was a brushback pitch to get the pac to change its conduct. they did change the rules. most legal expertsprosecution. >> ken dilanian, thank you . >>> coming up, what kamala harris wants americans to consider one week before election day. senior adviser to the campaign, ian sams, joins us next. joins u. or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >>> the presidential campaign of kamala harris is a celebrity-studded sprint. atlanta tonight with barack obam

let's get more from nbc's ken dilanian. fill us in, ken. >> ana, the conservatives on the supreme court are allowing this purge to go forward that not only a federal district judge but the appeals court deemed was illegal under federal law after the justice department sued virginia. the issue is federal law says you can't purge voter roles within 90 days of election. virginia is saying these people are all non-citizens based on a form they filled out at the motor vehicle department. but there have been validated citizens among these people, people who have talked to reporters and showed them their passports. there are u.s. citizens among these 1,600 people. and they have now been purged from the voter roles. the state of virginia says u.s. citizens can register on site, but some people aren't sure if they can do that. this is a significant ruling by the supreme court. they did not explain. it's a one-page record that doesn't explain where the justices came down on this. but the effect is that these 1,600 people have been pur

. >> we begin with nbc's vaughn hillyard, nbc news justice core spon end ken dilanian, nbc news legallyst paul butler and timothy hayfee. this decision to unseal the brief was up to judge chutkan. jack smith filed -- made his motion filing, he didn't try to push it back. it was her date of september 26. her decision to unseal it. now we are in this window before the election. there's a lot of controversy. donald trump claiming election interference. it was not the justice department's decision. could merrick garland have overruled it? >> under the regulations, it would have to be an extraordinary departure from norm for garland to step in. what people are telling me is there is nothing they did that violated the doj period. this was judge chutkan who unsealed a sealed filing that was made on her schedule. she's made it very clear that she does not believe the election should impact -- >> she told the prosecutor and the defense repeatedly in court, i am not paying attention to anything that's extraneous. >> that's right. >> this is about this case. >> jack smith could have asked to del

. >> nbc news justice and intelligence correspondent ken dilanian joins us this morning. us through today's hearing. >> good morning, jose. this is what's known as an initial conference, it's a scheduling hearing, so the judge will work through the kinds of hearings that they need to have going forward, maybe even set a trial date, and there already are a pair of motions from eric adams' lawyers attacking the prosecution. one, seeking sanctions for what adams' lawyers called a series of illegal leaks of grand jury information. that's a long shot. that's a really hard allegation to prove, and a second requested to dismiss the bribery charges, arguing they are too vague, the prosecution in the indictment has not shown an explicit agreement to take money in exchange for official acts. this is an issue in the trial, senator robert menendez, and obviously a jury saw that differently, and convicted the senator. the supreme court has made it harder to convict on bribery charges over the years. they do have to show that there was a quid pro quo, and in this case, they're alleged e

nbc's ken dilanian is following this for us. ting this is different from most of the past terrorism cases in the past decade or so. explain what happened here. >> yeah, that's right, chris, because most of those cases the vast majority involved so-called lone wolves who were self-radicalized. what's significant here is that the fbi now believes that this afghan living in the united states was plotting an election day terror attack at the direction of what american officials now believe is the world's most dangerous terrorism organization. that's according to two law enforcement officials to tom winter and myself confirming that. isis-k is the afghanistan branch of isis. that group carried out the horrific attack on a moscow theater in april and u.s. officials say it was responsible for the suicide bombing that killed 13 u.s. service members in afghanistan in 2021. and the fbi is saying in a criminal complaint that nasir tawhedi the defendant here was planning to shoot people on election day. and he'd entered the country just ten

nbc's ken dilanian joins us with more. what are we hearing so far in these arguments? world implications here. unlike guns bought from a licensed dealer, ghost guns have no serial numbers. so the guns don't be tracked if they're found at a crime scene. the kits can be bought online without any background check and the buyer doesn't have to present any identification at all. some people buy these kits anonymously with cryptocurrency or prepaid debit card. manufacturers and sellers would have to obtain licenses, mark the products with serial numbers, require background checks, and maintain records. the justice department says ghost guns have proliferated in recent years from fewer than 4,000 in 2018 to 20,000 recovered at crime scenes in 2021. it also says new rules have slowed the growth. take a listen to justice sotomayor responding to the issue of where does the line here in terms of regulating things that could be made in guns. take a listen. >> want to know what our standards review here is. i can imagine a frame or receiver that is just a block of metal. that's not

bring in nbc news correspondent vaughn hillyard, nbc news justice and intelligence correspondent, ken dilanian, and a pair of msnbc legal analysts, former federal prosecutor in the southern district of new york, kristy greenberg, along with civil rights attorney and former prosecutor, charles coleman. we have had the house january 6th committee hearings, the initial special counsel election indictment, and now this updated factual proffer, what's new in here? >> this is a 165 page document with new evidence that reads almost like a novel. there's a lot of interesting new tidbits including in the immediate after math of the election, even as the votes were being counted, there's testimony that trump staffers were talking about concocting protests after the so-called brooks brothers riot that happened in 2000. one is quoted as saying, make them riot. and then you have a trump staffer testifying that donald trump himself was overheard telling family members whether you win or lose, you have to fight like hell, suggesting that even if he knew he lost, he would still try to fight to stay in power,

. >> joining us now, ken dilanian.ay. >> reporter: as you saw, the hearing is over. eric adams left the courtroom. the headline today was a prosecutor told the judge that more charges in this case and additional defendants are likely. a superseding indictment this prosecutor said is likely to happen, and more charges against eric adams are possible. he is charged with bribery and fraud. the allegation is he accepted more than $100,000 in luxury travel from turkish interests and in exchange went to bat for turkey when the fire department was trying to say that a building that they wanted to open in new york city was unsafe. he forced that building to be opened allegedly according to this indictment. some of the major questions today included when a trial might take place. the judge did not rule on that question. there were motions by the defense to dismiss and sanction prosecutors over alleged illegal leaks. the judge does not rule on those. the prosecution will have a chance to respond. additional charges in this case

nbc's alex tabitt is on the ground in arizona, and nbc's ken dilanian joins us as well. us about this suspect and what do they know about his plan there? >> reporter: well, chris, after this suspect was taken into custody, the atf searched his home, and as you noted, they discovered more than 120 guns including ar-15s and machine guns. they discovered more than 250,000 rounds of ammunition. they discovered a grenade launcher, body armor, scopes, and silencers, and law enforcement officials are pointing towards this massive armory to -- they're pointing there to say that this man was planning what they're describing as a mass casualty event. they believe that what you might be able to see behind me, which is six bullet holes through the windows of a harris-walz dnc coordinated campaign office was just the beginning of this man's plans. chris? >> and ken, the doj's election task force now has brought at least 20 cases -- 20, since it was formed in 2021. four very recently, right? talk about that in the bigger picture of all of what we have been seeing happening. >> yeah, c

. >> justice correspondent ken dilanian joins us.t more have we learned from the reporting here and any response from musk or russia? >> reporter: so many questions here, zinhle and kate. elon musk has not responded. russia has said that most of these contacts did not take place, they acknowledge one conversation between musk and putin before 2022. but some of the big questions here include, to what extent did the u.s. government, the biden administration know about these phone conversations, if, in fact, they happened. it appears from the journal's reporting that at least some people within the u.s. government did. this is a big deal because elon musk is not only the world's richest man, he's a major federal government contract wr a top secret security clearance, so he knows government secrets. he's also a really big ripe intelligence target for the russians, so more to come on this. but it's a big story. >> yeah, and you mentioned he hasthis security clearance, because of his companies. former president trump has talked about putti

and nbc's ken dilanian is following this for us. through the argument. >> unlike guns bought from a licensed dealer, ghost guns have no serial numbers, so the guns can't be tracked if they're found at a crime scene. the kits can be bought online without any background check, and, in fact, the buyer doesn't have to present any identification. some people buy these kits anonymously with cryptocurrency or prepaid debit card. the government says ghost guns are a public safety crisis, and they say the new rule put in place in 2022 is those numbers you just show started to curb their growth. but manufacturers are arguing that the biden administration exceeded its authority here. this case really isn't about gun rights. it is about whether the regulation implemented by the government exceeds the authority of the statute. take a listen to the real world implications in the words of the solicitor general. >> let the evidence show that the guns were being purchased and used in crime, they were sold to be crime guns. the whole reason why you w

nbc news justice correspondent ken dilanian is joining us.this specific instance and what we know about it, as well as what else the intel community is worried about in the next couple of weeks. >> yes, u.s. intelligence officials described how they created a fake video making false allegations that tim walz had abused his students while he was a teacher and coach. these posts drew millions of views on social media last week, including a video of a man who says he was a former student speaking directly into the camera and making totally fabricated allegations of abuse. intelligence officials and private researchers say this is part of a vast russian disinformation campaign designed to help donald trump win, while also undermining confidence in the u.s. election system. in another alarming finding, this newly declassified assessment says that russia, china and iran will speak to exploit u.s. vulnerabilities in the election period and russia and iran specifically may try to stoke violence and promote bogus claims of fraud. the russians have alr

. >> joining us now, nbc news justice and intelligence correspondent ken dilanian, danny cevallos, criminal defense attorney and msnbc legal analyst and temidayo williams, what is new and most significant in this filing which is 165 pages big? >> yeah, what is new here, jose, is a granular level of detail that comes from 165 page brief written almost like a novel, filled with quotes from grand jury testimony, fbi interviews, and notes that the public has never before seen. for example, smith says trump's private operatives as he put it sought to create chaos as the votes were being counted. in detroit, the document quotes a trump campaign worker as encouraging violence, saying, quote, make them riot. and another trump staffer is quoted overhearing trump telling family members it doesn't matter if you won or lost the election, you still have to fight like hell. some of the most fascinating new information involves the interaction between trump and his vice president, mike pence based in part on five pages of pence's contemporaneous notes that were not available to the january 6th congression

let's get more from ken dilanian. what more can you tell us about the warning, ken?g, ana. the fbi and department of homeland security are warning in the intelligence bulletin of the heightened risk of lone wolf attacks by domestic extremists motivated by election-related conspiracy theories, including beliefs in widespread voter fraud and the hatred of political opponent. this will surprise no one paying attention, but it's significant the agencies are putting this out to local law enforcement a week before the election. the new, unclassified bulletin says the goal of these attacks would be to terrorize and disrupt the vote. to be clear, this document does not describe intelligence about a specific threat. it talks about a general atmosphere of anger and misinformation that could prompt unstable people to engage in threats or violence. we've already seen arrests. a man in philadelphia threatened to skin election workers alive. last week, police in phoenix arrested a mailbox buyer who damaged 20 ballots. the report identified potential targets of violence, including

nbc news justice and intel correspondent ken dilanian joins us now with more on all of this.a couple of weeks left, is there even enough time to alert people to this risk? >> yeah, that's the big question, ana. we live in an age when almost anyone can use a.i. to generate convincing deepfake videos and we have seen some of that in terms of election interference so far. but officials are particularly concerned as the election approaches about videos that try to confuse people about where and when they can vote. and that's what this new ad is all about. take a look. it is a nightmare scenario for election security officials. and it is already happened once. >> it is important that you save your vote for the november election. >> reporter: that was an artificial intelligence-generated deepfake of president biden's voice. sent to 50,000 democratic voters before new hampshire's primary in january. the political consultant behind it charged with felonies. experts fear more of that is coming, and they say the best antidote is public awareness. >> this election, bad actors are going

nbc news justice correspondent ken dilanian is following this, 14 separate lawsuits were filed todayt to people's interests. lawsuits emphasize features that help make children addicted to the platform. data collected without parental con zest, push notifications and face filters that contain unattainable. trying to force tiktok's parent company to sell the app over national security concerns under a law that's being challenged in federal court. >> there's a lot going on with tiktok, are they saying anything more about these new lawsuits? >> reporter: yes, they're pushing back forcefully, a spokesperson said in statement to us, quote, we provide robust safeguards, have voluntary launched safety features such as a default screen time limits, family pairing and privacy by default for minors under 16. the statement called it incredibly disappointing that these states filed these lawsuits. the states likely would respond they tried working with the company and are not satisfied with the company's response to date. kate. >> ken, thank you. >>> monday marked one year since hamas' deadly te

joining us now is ken dilanian. ken, nbc news got an exclusive early look at this ad campaign, what's the message? >> reporter: the message is don't be fooled by fake videos that are trying to confuse you about when and where to vote. that's the issue here. look, deep fakes have been used to discredit candidates, to target candidates in election campaigns, that's not what this is about the concern here is as election day approaches keeping people from the polls in a swing state could potentially decide the election, an example of it in new hampshire in the primary a fake audio of president joe biden went to 50,000 residents telling them not to vote and a consultant was charged criminally over that one. these celebrities are saying to people, look, don't be swayed by videos or audio, if you want information about where and when to vote go to your local secretary of state website, go to legitimate sources of information, because these deep fakes are out there, a new intelligence assessment today saying that russia, chi

nbc news justice and intelligence correspondent ken dilanian is following this for us. ken, let's tstart with the current threats, how are the foreign actors are trying to influence our election? >> reporter: u.s. intelligence officials described how a russian-backed group created a fake video making false allegations that tim walz had abused his students, the post drew millions of views on social media last week. making fabricated allegations of the abuse. they say this part of a vast russia's disinformation campaign to help donald trump. they say china and iran have been interfering and iran wants trump to lose. >> can all of that said, what should we be on alert for after the election and what are your intelligence sources? >> another alarming part of this. this new assessment said that russia, china, iran will seek to exploit america's vulnerabilities in that period. they may seek to stoke violence and promote bogus claims of fraud. the bottom line is, u.s. adversaries perceive a window of vulnerability to promote disinformation from election day until the election i

we have ken dilanian, vaughn hillyard and danny cevallos. ken, the justice department has a policy kind of a quiet period, they try not to do anything to influence the voters close to the election day, 33 days away, you learned the special counsel didn't know that this filing was going to be released yesterday. >> reporter: that's right, kate. it was entirely up to the judge and she did it on your own timetable, they weren't aware it was coming down until it hit the court docket, this underscores that this wasn't a justice department's decision, the judge unsealed it, some critics couldn't have the justice department asked for a delay in this case. judge chutkan said that the election shouldn't have any effect on this transpires. this came from a supreme court ruling that imposed on the court to burden to sort through what are private acts and official abilities. >> vaughn, this case is about the 2020 election, years ago, but you have new reporting about the former president trump essentially attempting to sow doubt around the 2024 election.

. >> nbc news justice and intelligence correspondent ken dilanian join us now, ken, you've been speaking giveaways here, what are they saying. >> reporter: some believe this runs afoul of federal law, federal law makes it illegal to pay people to register to vote, you have to be a registered pennsylvanian voter to be eligible for the drawing, and so while that's not a direct connection it's certainly an indirect one and some experts are saying, it may cross the line. not everyone agrees on that. we asked the justice department to comment, they've declined to comment. so, you know, look, election law's murky. certainly people are scrutinizing this practice. >> we're days away from the election, ken, have we heard anything from the justice department and how likely they do anything between now and the election period. >> reporter: we're in the quiet period, unlikely for the doj to say anything publicly about this. no comment on this story. if they do anything we may hear art it. there's also the possibility that private individuals could file lawsuits challenging this practice and you coul

. >> ken dilanian with the latest on this court appearance by mayor eric adams. >>> as president biden and vice president head to tour the damage of hurricane helene, there's good news. average americans who have gone above and beyond to help victims of the storm. >> nbc's priscilla thompson has more. >> reporter: angel was at her mother's bedside in irwin, tennessee, when flooding began. >> water was rushing in. power out. >> reporter: she says her 83-year-old mother was placed in a boat,tethered to the hospital. >> my mom is going to die. my mom is going to be swept away. >> reporter: more than 60 patients were evacuated by helicopter. all making it out alive. >> the nurses, the staff made sure we got out. >> reporter: amid so much desperation, stories of survival, heroism and hope. in north carolina, onlookers watched in horror as this home was swept away with a woman still inside. armed with a life jacket and i rope, eddie jumped in. >> i couldn't watch her die. >> reporter: pilots from around the country coming together to bring in critical supplies and get people out. >> we have

. >> ken dilanian with the lastest from washington, thank you. >>> the strike will go on, boeing machinists union, extends a work stoppage that has halted most of boeing aircraft production. here's tom costello. >> reporter: it's a major setback for america's aviation giant. nearly six weeks after walking off the job, members of the union representing more than 30,000 machinists voted overnight to continue their strike, which is costing the company roughly a billion dollars a month. 64% of the union members rejected boeing's latest offer, which included a 35% pay hike over 4 years. the union says, "we have made tremendous gains. however, we have not achieved enough to meet our members' demands. the union had originally asked for a 40% increase, and some workers upset the latest proposal did not include a pension plan, which boeing scrapped ten years ago." it comes as boeing just reported a staggering $6 billion quarterly earnings loss. boeing's ceo on cnbc yesterday before the vote. >> this isn't going to be fixed in one fell swoop. we've got a lot of issues here that we're dealing with. th

ken dilanian is with us. good morning.really se deepfakes high tech. >> yeah, they are, jose. they have been and will be used to discredit candidates. this particular public service ad is about the issue of deepfakes being used to confuse people about how and when they can vote. in an election this close, that could matter. take a listen. it's a nightmare scenario for election security officials. it's happened once. >> it's important you save your vote for the november election. >> that was an ai deepfake of president biden's voice. sent to 50,000 democratic voters before new hampshire's voting. experts fear more of that is coming. the best antidote is awareness. >> bad actors will use ai to trick you. >> nbc news got an early look at a new public service ad out today, featuring a group of celebrities, designed to highlight the threat of deepfake attempt at voter suppression. >> fake phone calls or videos or messages to change when and how you vote. >> could appear to come from a trusted source. >> a fake message saying vo

nbc news justice and intelligence correspondent ken dilanian has all the details. >> reporter: special counsel jack smith fighting to keep the january 6th case against donald trump alive. in a new filing with new evidence, smith tailoring his criminal case to survive the supreme court's ruling that presidents can't be prosecuted for carrying out official acts. writing that although trump was president during the charged conspiracies, his scheme was a fundamentally private one. smith also laying out new details about trump's conduct and conversations in the days and hours before his supporters stormed the capitol on january 6, 2021. after trump began claiming fraud even as votes were still being counted, the special counsel quotes a trump aide as saying, make them riot. but the bulk of new revelations involve trump's interactions with vice president mike pence based on five pages of notes by the vice president. the special counsel saying pence gradually and gently tried to convince the defendant to accept the lawful results of the election including a private lunch in december where pen

nbc's ken dilanian, fascinating look at the deep fakes. merica's relationship with china will be a challenge for whoever is the next american president. joining us now live from beijing, nbc news correspondent janis mackey frayer. janis discussed next month's u.s. presidential election with a university professor in china who advises the government there. what'd you learn? >> reporter: well, we know this is the one foreign policy issue that democrats and republicans can agree on, is that china poses this threat to the united states. everything from technology and trade to geopolitical clout. while the threat is a perennial campaign point, we looked at recent speeches and rallies that showed the harris and trump campaigns are both now ramping up their discussion on china. kamala harris has criticized trump for selling out to china and giving up american jobs, especially in the auto sector, while donald trump said if he returns to the white house, china wouldn't dare provoke him because xi jinping knows he is, quote, crazy. for china, there i

ken dilanian, thank you very much. "deadline: white house" starts right now. >>> hi, everyone, it's 4:00 in new york. we have major breaking news to tell you about in the case of the united states of america versus donald j. trump with permission from judge chutkan jack smith released a filing with never before seen evidence he has compiled against donald trump in his investigation of the federal election interference case. it begins with the defense of jack smith's entire case in light of the supreme court's immunity decision which divides official acts from private acts, giving presidents immunity for official ones. it reads in part, quote, the defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election, because he claims it entailed official conduct. not so. although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one. this motion provides a comprehensive account of the defendant's private cr