lester >> all right, morgan chesky, thank you. >>> in the middle east we're learning tonight that israel has proposed a two-month pause in its war against hamas in exchange for the release of more than 100 hostages hamas still holds in gaza. this according to an israeli government official negotiations over the hostages are ongoing, involving the u.s., qatar and egypt. >>> and breaking tonight, the u.s. and britain launching a new round of air strikes against an iranian-backed militia in yemen pentagon correspondent courtney kube joins us now. courtney, what more do we know? >> reporter: lester, this is the second round of joint strikes against iranian-backed houthi rebels in yemen. the pentagon saying they targeted eight sites including underground storage facilities and missile sites. now, the houthis have been terrorizing ships in the red sea over the past two months, launching nearly three dozen attacks, forcing ships to avoid the area and spiking global shipping costs. the last u.s. and british strikes were january 11th, and since then, the u.s. military has responded with strikes n

here's morgan chesky >> reporter: it's the crime scene reduced to nothing but a pair of bronze cleats. a brazen theft at a public park that for many in wichita, kansas is personal >> i was appalled. then once i saw the photos i was angry >> reporter: angry over how someone could steal a life-size statue of jackie robinson, the first black baseball player to play in the major leagues. his tribute unveiled not even three years ago. >> i can tell you that we will not stop in our pursuit of the people that stole this from our community >> reporter: the crime caught on surveillance video early last thursday >> they just cut that beautiful statue off at the feet and loaded it into a pickup truck. >> reporter: police have since found that very truck but tell nbc news no sign of the suspects or known motive the disappearance hitting wichita's league 42, named in honor of robinson, especially hard. >> this was much more than just a statue here >> this park is in a place that's surrounded by low-income communities, historically red-lined, and a place that is a point of pride for many of us who

morgan chesky is in uvalde >> reporter: tonight, a year and a half after a teenage gunman's rampage left 21 dead in a uvalde school, the u.s. attorney general not mincing words. >> the law enforcement response to the mass shooting at robb elementary was a failure. >> reporter: the department of justice releasing its massive federal investigation into the texas town's darkest day, which found cascading failures of leadership, decision making, tactics policy, and training the scathing report topping 600 pages. it determines the most significant failure was officers treating the gunman as a barricaded threat and not an active shooter. >> had the law enforcement agencies followed generally accepted practices in an active shooter situation and gone right after the shooter to stop him, lives would have been saved. >> reporter: during the 77 minutes from when officers arrived to when the gunman was killed, the report found no one assumed a leadership role, which led to officers remaining outside the classrooms, despite the gunman firing 45 rounds, and a student inside calling 911. >> a lack of

lester >> all right morgan chesky, thank you. >>> in new york city, an arrest has been made in a series of random stabbings police say jermain rigueur is the man seen holding a hunting knife in this surveillance image the 27-year-old is facing charges for at least five stabbings over nine days according to police, he works as a hospital greeter and has no arrest record. >>> a massive gas explosion leveled a building today in washington, d.c., just moments before 16 children were evacuated from a nearby day care center yamiche alcindor on the quick thinking by firefighters that saved lives. >> reporter: a day care exploded and a building was levelled in southeast washington, d.c., thursday morning >> the building just exploded. >> reporter: the blast happened shortly after firefighters were called to investigate a suspected gas leak. >> the gas was very noticeable we could hear it leaking, as well as smell it from the street. >> reporter: once on the scene, firefighters soon realized they could not stop the leak. they had just 15 minutes to evacuate the buildings and those nearby, includ

morgan chesky tells us how one photo changed everything. >> in norman, oklahoma, at spirals hotdogs andscott living his dream. >> i just wanted to be able to take care of enough people to keep the doors open and make a little bit of money. >> reporter: his spiral-sliced dogs, gourmet creations just as beloved as the man who served them. >> scott is a great person. fantastic guy. >> you can't leave in a bad mood. >> reporter: hard to believe a few weeks back business slowed so much it was dying. >> when you walked in what's your first thought? >> i didn't know if i made the right choice. >> reporter: stopping by for lunch nick chappelle was confused, the place was dead, but the food amazing and scott incredibly kind. he snapped this pick of him waiting for customers and told a few friends toswing by. >> have you ever done anything like this before? >> not even close. i don't share anything on facebook, i'm never on social media. >> i'm staring out the window, he takes the picture, i have no clue. the next day i'm at the register the first hour and i'm getting buried. >> reporter: thanks

lester. >> morgan chesky, thank you. >>> in 60 seconds, the parts of the country where the flu is surging. the troubling trend and what you need to know right after this. be, a cowboy or a gangster. and a gangster's out of style. i got back to my roots. we come from a long line of cowboys. my grandfather, my great-grandfather, my aunt even rode horses. when i see all of us out here on this ranch i see how far our legacy can go. now on sale at ancestry. ♪oh what a good time we will have♪ ♪you... can make it happen...♪ ♪♪ try dietary supplements from voltaren for healthy joints. ♪♪ here's to... one year bolder. ♪♪ ♪boost♪ nutrition for now. >>> back now with the growing flu concerns for children especially in the south where some states have seen a surge of cases. sam brock with more now on what parents need to know. >> reporter: with respiratory illness on the rise after the winter holidays, pockets of the u.s. are also seeing troubling trends for influenza. >> the cases are not going up but increasing exponentialy. >> reporter: this doctor, head of critical care in new orleans, says louis

republican members of congress there today highlighting the surge in migrant crossings as our morgan chesky got a firsthand look at the challenges facing those on the front lines. >> reporter: dawn patrol on the rio grande the texas tactical marine unit giving nbc news an exclusive look on a stretch of river where debris litters banks laden with barbed wire, where record migrant crossings have overwhelmed. >> there was no way to keep up. >> no. >> how quickly did this go from a mission of intercepting criminals to then saving lives >> oh, it was overnight. >> reporter: the migrant surge is forcing staff sergeants lee ashcraft and ruben viejo to rescue more than arrest how many extra life jackets are on board right now? >> 46. >> reporter: and if you come across a group of ten or more, how do you help everyone >> it's tough. tough decision. >> you got it. you got it. >> reporter: their dps unit saving this migrant family in november troopers hoisting children and their drowning mother to safety last month, 300,000 migrant crossings shattered previous records, but on new year's day this week,

lester >> morgan chesky, thank you. >>> another scare aboard a boeing plane. nippon airline says a crack was found in the cockpit window of a boeing 737-800 during a flight over japan this weekend the airline says cabin pressure was normal and the plane safely returned to the airport. it comes just a week after the door plug blew off a boeing 737 max 9 plane over oregon >>> and in arizona a deadly hot air balloon crash. police say the balloon was carrying a group of skydivers who made a successful jump on sunday but afterward the aircraft experienced a problem and crashed, killing four people and injuring a fifth about 65 miles southeast of phoenix. the ntsb is investigating the cause of the crash >>> and up next, 100 days after the hamas terrorist attack the harrowing new details about the 4-year-old who was the youngest american hostage these are my. remember, tissues come in their own boxes. it's important for young homeowners to let go of the things turning them into their parents. there we go. alright, who's next? i've been holding on to these pieces of c

morgan chesky, nbc news. >> we hope they get it back. >>> all right.a health update on britain's king charles and princess kate. >>> plus, what one dog owner did after thieves stole her french bulldog. the rising rash of dog thefts. that's next. 're looking for a medicare supplement insurance plan that's smart now... i'm 65. and really smart later i'm 70-ish. consider an aarp medicare supplement insurance plan from unitedhealthcare. with this type of plan, you'll know upfront about how much your care costs. which makes planning your financial future easier. so call unitedhealthcare today to learn more about the only plans of their kind with the aarp name. and set yourself and your future self up with an aarp medicare supplement plan from unitedhealthcare. have heart failure with unresolved symptoms? it may be time to see the bigger picture. heart failure and seemingly unrelated symptoms like carpal tunnel syndrome, shortness of breath, and irregular heartbeat could mean something more serious, called attr-cm a rare, underdiagnosed disease that worsens

morgan chesky on how one photo changed everything. >> reporter: in norman, oklahoma, at spirals hot dogs hosek living his dream. >> i just wanted to be able to take care of enough people to keep the doors open and make a little bit of money. >> reporter: his spiral sliced dogs, gourmet creations, just as beloved as the man who serves them. >> scott is just a great person. i mean, fantastic guy. >> you can't leave in a bad mood. >> reporter: hard to believe just a few weeks back, business slowed so much, hosek's dream was dying. when you walked in that day, what's your first thought? >> i didn't know if i made the right choice. >> reporter: nick chappelle was confused. the place was dead, but the food amazing and hosek incredibly kind, so he snapped this pic of hosek waiting for customers then told a few friends to swing by. >> have you ever done anything like this before? >> not even close. i don't share anything on facebook. >> i'm staring out the window. he takes the picture, i have no clue. the next day i'm at the register, the first hour, and i'm getting buried. >> reporter: thanks t

in mexico, heavy rains leading to significant flooding in the border city of tijuana, nbc's morgan cheskying us. morgan, what is the latest? >> reporter: ana, jose, it's been a rainy morning and night in houston. we were keeping an eye on the flood watches, because it was in effect not just here but various watches in effect for up to rhode island all part of the system that put 44 million americans under flood alert. and the danger isn't over yet. this morning, millions on alert, agency.wild winter weather continues. while many are still recovering from that deep freeze, flooding now on the horizon for the south and east coast, some areas already getting battered. texas soaked with relentless rain. >> standing in about seven inches deep. >> reporter: in the houston area, boil water advisories now affecting at least two water systems, the storm also barreling through louisiana. lake charles expecting dense fog, according to the national weather service. this is extreme weather and freezing temps have struck much of the united states. freezing rain making for treacherous conditions in the

joining us now is nbc's morgan chesky. morgan, the state tried to execute this man before.difference between this time and the last time? >> reporter: jose, multiple differences here. that first time that smith was set to be put to death using lethal injection was back in 2022. that was stopped before the drugs were ever administered because they could not properly get in those lines into his veins to deliver the drugs. that was one of his legal team's arguments saying he can't be put to death twice. that's been overruled by the supreme court. another challenge that smith's legal team was making here, jose, is because this is the first time that hydrogen hypoxia would be used as a form of execution, that he should not be essentially a test subject. the appeals court actually agreed that this is a new and novel form of execution. but they said that his legal team failed to prove how this could be a form of cruel and unusual punishment in its execution form. critics pointing out the fact that the mask placed over smith's face, should it allow any oxygen inside, as the nitroge

joining us now from eagle pass, texas, nbc's morgan chesky. his lawsuit is just the latest in the fight between texas and the federal government the. i know you talked with people on the front lines of this issue yesterday. what have you found out? >> reporter: yeah, chris, it's very interesting to hear this political debate go back and forth when it comes to the border and then to actually be on the rio grande and speak to those feeling a little bit as if they're caught in the middle of all of this. we rode along with members of the texas tactical marine unit, there's about 90 of these troopers stationed along the texas, mexico border. we were on board one of their boats that can go in shallow waters, especially where a lot of these migrant groups have been crossing. they tell me that their job has essentially transitioned from one of law enforcement where they're seeking out smugglers or cartel members to a rescue mission almost overnight due to the sheer influx of people coming across. here's some of what these troopers shared about what the

nbc's morgan chesky is in houston for us. morgan, what's it like where you are?, a lot of people breathing a big sigh of relief because a flood watch was in effect early this morning. after about 48 hours of a slow, steady rain really saturated this part of texas and well inland. we saw multiple reports of flash flooding in san antonio, and in some cases in austin over the last 24 hours or so. here in houston, the bayou behind me did rise somewhat. but certainly not to a level where there was a significant amount of concern for flooding here. the threat now is making its way eastward to louisiana, to mississippi, where as you mentioned, more flooding could continue. i think at last check, about 30 million americans facing some sort of flood watch from here in texas all the way up to rhode island. as they are watching the storm move towards them, we know that in san diego, they are facing a massive clean up as to what took place yesterday when they received months of rain in just a few hours. stunning scenes coming out of that city, chris, with some residents unab

chris. >> morgan chesky, thank you for that reporting.of a florida man, threatening to kill eric swalwell and his children. nbc's julie. >> reporter: a 72-year-old man arrested on wednesday in connection with threatening phone calls and voice mails he left for congressman eric swalwell's congressional office here in washington, d.c. as part of these voice mails he allegedly said he's going to come after him and kill him. he said he's threatened to come and kill your children. these are the kinds of things that were left on swalwell's congressional voice mail machine. michael shapiro was arrested in 2019 for making other threats to different members of congress according to the u.s. capitol police. this is also not new unfortunately to members of this building as a whole. the capitol police have said in recent years, in recent months that they need more resources to deal with the heightened threats that they have been seeing against members of congress, most recently in november, we also saw that georgia man who was arrested for threatenin

ken dilanian, morgan chesky, frank figliuzzi, thank you very much. can i ask my extraordinary team in new york, if we could put up the graphic of the faces the children and the two teachers that lost their life. look a that. 10 years old, 11 years ol just look at them. and look athe names. these are children, you ow lexi, that morning, had gotten an award in her school, in her class, and so her parents went early in the morning to celebrate with her. and there is that pture of her holding that recogni wh her parents. it was getting close to the end of the school year, kids were celeating, watching movies, they were huggingnd staying close to each other because they were celebrating the end of the schor and some were receiving recognitions and the parents were there. and, you know, m of them kissed their kid good-bye saying i'll see you at the end of the school day, but congratulations, and the teachers that lost their lives there as well. and the teacher who was married to one of thetims who died shortly after too. that's something we should never fo

nbc's morgan chesky is following that story from eagle pass. morgan, exactly what happened there? >> reporter: yeah, chris, good afternoon. two different events being described. one from the biden administration's point of view, another from the state of texas. late friday evening, the department of homeland security reporting that officials near eagle pass received a call from mexican authorities reporting that a woman and two children were drowning in the rio grande. they claimed that by the time they arrived to the area known as shelby park, it was blocked off by state officials, members of the national guard there, and that they were unable to reach the migrants in the water. on the state side, however, chris, they are claiming that by the time border patrol agents arrived, those migrants had already drowned and were in the process of being recovered by mexican authorities. today, a cease and desist letter coming from the justice department to the state of texas basically asking them to stop blocking border patrol agents or any federal official, for that matter from being able

morgan chesky, thank you. >>> coming up, step on it.(vo) at wells fargo, direct deposits come up to two days early with early pay day. what if everything came two days early? (hero) have a good weekend! alright now...have a good weekend. (co-worker) but it's wednesday... (co-worker 2) see you monday! (co-worker 3) am i missing something? (hero) it's the weekend baby... see you later. (vo) like getting things two days early? when it comes to payday, you can with wells fargo. (co-worker 4) what are you doing this weekend? >>> denmark is celebrating a new king after the former queen voluntarily stepped down from the throne, thousands gathered outside parliament to celebrate the royal succession on sunday but the new king is not only the one making history in the royal family. here's meagan fitzgerald. >> reporter: a procession for a queen who dedicated 52 years of her life to service. thousands of people lining the streets of copenhagen to witness a transfer of power, to say thank you after the death of her good friend the late queen eliza

morgan chesky is following all of the latest developments for us. what is the latest?: good afternoon. a lot of new details coming in by the hour here. we have learned that this took place between a very popular tourist destination of cancun and an island just off the coast that a lot of tourists will take day trips to and from. and it was during one of those voyages that this ship, this vessel, capsized, late last night. according to the latest from mexican authorities, there were 19 people on board and at last check the attorney general says four mexican tourists died as a result of this vessel going down in the waters. really just a short trip, a handful of miles or so, from the mexican coastline, where this boat had been going last night for what appears to be a dinner trip. it was on the return voyage that they encountered somewhat choppy seas. that is part of this investigation. and it is still unknown whether or not there were mechanical failures on this boat. but what we do know is that it started to go down, rescue efforts were launched almost immediately, som

morgan chesky joins us from dallas. good morning. what do we know about what happened?se migrants drowning including two children. >> reporter: yeah, jose, an unfortunate tragedy happening at the border that is becoming more common as these illegal crossings continue, but what we're looking at here is a disputed time line between what federal officials are saying and what texas officials are saying that involve those drowning deaths that you mentioned. we do know that according to federal officials, they were contacted by mexican authorities alerting them to a mother and two children crossing the rio grande near shelby park in eagle pass. this is near the area where so many of those crossings have been taken place. it was at that point officials were dispatched to these location, and we hear from the federal government saying that were unable to reach that woman and the two children. meanwhile, i want to share with you what the state officials are ying in response essentially accused of barring them from beg able to rescue these individuals. we have a statementthe texas

morgan chesky joins me now. how exactly is this method supposed to work, first of all?nother form of lethal injection? >> reporter: the inmate is attached to a gurnee and they affix a respirator to their face using five different points of contact to strap it down. critics say there is a risk it could not go smoothly if any air, any oxygen gets into the mask. it could prolong death, leave the inmate in a vegetative state. the state alabama says nitrogen is delivered through that mask to kill the inmate by means of hypoxia. and it continues minutes after they flat line on that gurnee. of course we've heard from the attorneys of smith pushing back against this, making multiple arguments, but as of right now, this execution is set to happen this evening, although we do anticipate potential -- more legal challenges to come nm the final hour. zinhle? >> morgan, you said we've been hearing from the attorneys. what are they saying? what about the victim's families? >> reporter: the legal team has made two arguments to two separate courts telling the supreme court that he shoul

active shooter the grandmother of one of the murdered children shared her reaction with nbc's morgan chesky >> this is why i am so angry with those officers that were right outside the door right outside the door while we were sitting out there wondering what was going on inside there, while they were sitting there lying to us. >> the report uncovered heart breaking new details like parents being told their children had survived when they were already dead. >>> new this morning, an unexpected development in the case of scott peterson in a notorious case, he was convicted of killing his pregnant wife back in 2004, and sentenced to death a year later. but now his case will be taken up by the los angeles innocence project. a non-profit dedicated to exposing wrongful convictions. the group says they want to get flu evid new evidence from peterson's original trial where he pleaded not guilty his lawyers tried to get limb a n him a new trial in 2022 but a judge denied it. >>> here's nbc's emilie ikeda. >> reporter: as the unrelenting streak of perilous weather powers on. a plane skidding off the

morgan chesky, nbc news, dallas. >>> just a few days after u.s. airstrikes on their bases in yemen, houthi rebels have resre resumed attacks on ships the attack came a day after u.s. fighter jets shot down an anti-ship cruise missile fired toward an american destroyer let's go live to chapman bell. what more can you tell us about these latest attacks >> reporter: morning, frances. that first attack, an anti-ship cruise missile fired towards a navy destroyer in the area it was shot down by a u.s. fighter jet. however, houthi rebels were able to hit a u.s.-owned ship off the coast of yemen the vessel struck by a projectile on the portside the gibraltar eagle had no reported injuries and no significant damage and was able to continue on its journey though both attacks following the airstrikes by the u.s. and uk at the end of last week and over the weekend, following multiple warningsi to the houthis. they say they will consider a all american ships as hostile targets. now these attacks continue to worry many that this conflict could grow in the regio

guys >> al, thank you just ahead, guys, morgan chesky is checking out a popular trend in travel that hey, morgan. >> reporter: a hey, hoda, good morning. how about saving you some money and time as well the holiday travel season may finally be winding back down but for those popular tourist destinations, crowds are showing up in full force coming up, the viral travel hack that could reward those willing to go a little off the beaten path. >> all right we will get into that and we will get your first morning boost in 2024 coming up right after this ned's plaque psoriasi. [camera shutter sfx] he thinks his flaky, red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. [ned?] it can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing it for nearly a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depre

. >> reporter: a hero's legacy, standing tall no matter what morgan chesky, nbc news >> we hope they get it back >>> all right. coming up, a health update on britain's king charles and princess kate. >>> plus, what one dog owner did after thieves stole her french bulldog the rising rash of dog thefts that's next. >>> good news for the royal family tonight both king charles and princess kate have been released from the hospital after undergoing procedures. the king was treated last week for an enlarged prostate. princess kate, who had abdominal surgery for an undisclosed condition earlier this month, has canceled her public events through easter >>> back here at home to a wild scene caught on camera in los angeles. a woman witnessing her beloved french bulldog being stolen, and that's when she literally leaped into action here's liz kreutz. >> reporter: it's a shocking video a woman clinging to the hood of a car as thieves speed off with her 1-year-old french bulldog. >> i said this is it, this is how i'm going to die >> reporter: ali zacharias miraculously survived, saying she fell o

nbc's morgan chesky is in uvalde. the doj isn't mincing words in this one. >> reporter: yeah, hoda. it's not. in fact, this report could not be more clear, saying lives could have been saved inside rob elementary had law enforcement acted properly. this more than 600 page report is opening old wounds for the families of the victims that mass shooting at rob elementary school. the federal government blasting the response by law enforcement. >> this was a failure of leadership? in a more than 600 page report the doj outlines what it calls cascading failures of leadership, decision-making, tactics, policy and training. >> we got to get in there. >> reporter: a key focus 77 minutes that went by before officers engage with the shooter. an 18-year-old with an ar-15. among the issues the report raises, no one assumed a leadership role, calling the biggest mistake, officers treating the situation as a barricaded threat and not an active shooter. >> had law enforcement agencies followed generally accepted practices in an active shooter situation, lives would have been saved, and people would

my colleague, morgan chesky, has a closer look on the emotional reaction from the uvalde community. >> tonight, a year and a half after a teenage gunman's rampage left 21 dead in the uvalde school, the u.s. attorney general not mincing words. >> the law enforcement response to the mass shooting at robb elementary was a failure. >> the department of justice, releasing its massive federal investigation into the texas town's darkest day. we found cascading failures of leadership, decision-making, tactics, policy and training. the scathing report topping 600 pages. it determines the most significant failure was officers treating the gunman as a barricaded threat, and not an active shooter. >> -- had law enforcement agencies in these agencies follow generally accepted practices in a active shooter situation, and gone right after the shooter to stop him, lives would have been saved. >> during the 77 minutes from when officers arrived when the gunman was killed, the report found, no one assumed leadership role, which led to officers remaining outside the classrooms despite the gunman firing

morgan chesky, we've been reporting on the strain of the immigration system for weeks now, largely the impetus for the texas law, what reasons is the doj giving now for why it's challenging this law? >> reporter: in a word, they're calling it unconstitutional. doj stressing that it's the federal government's job to enforce borders, border security and that texas is overexceeding its authority by enacting this law which could go into effect in march of 2024, no surprise we have heard from governor abbott in response he said he likes his chances in court and we also heard from texas attorney general paxton who had this to say on social media. i'm prepared to fight the biden administration whose immigration disaster is leading our country to disaster. as you mentioned this is coming on the heels of record-breaking months here that have hit this eagle pass sector especially hard, we do know that there's been a slight dip in illegal crossings over the past week or so. no one anticipates this lull to last much longer. >> i know you got to also see firsthand what law enforcement is dealing wi

joining us from uvalde, is nbc news correspondent morgan chesky, and investigative reporter from thetin statesman. tony, walk us through this report. it is substantial, it has a lot of specificity. what are do you see at main points of the report? >> in many ways it tracks a previous report released by state investigators, state house investigators. one thing that is so striking about this report is that it continues to widen the lens on all of the failures of that day. and while there has been a lot of discussion and reporting on the law enforcement failure in those 77 minutes, one of the things that really stand out to me that this report does is it goes beyond that and talks about the aftermath of the shooting. and how because there was no coordination and no incident commander who assumed that role or accurately or adequately had take that roll, there's no effort to organize a triage of the victims inside the two classrooms, classrooms 111 and 112. we read stories about and have heard stories about how a teacher was left on the sidewalk and perhaps could have been saved had she g

. >> my colleague, morgan chesky spoke with the family members of an 11-year-old who was killed.t to play that for you. >> they lied to us the whole entire time they were standing out there, and little did we know that she was already gone. so yeah. >> you want to believe that you could have saved her. >> this is why i am so angry with those officers that were right outside the door, right outside the door, had the opportunity to do something and didn't. >> there was another dad who talked about the fact that, you know, he goes out and he sees officers that were there that day still on the job as if nothing happened. how do you even begin in a community like this to rebuild trust and how important is it to be able to show the d.a. that every possible step was taken for accountability? >> yeah, on the latter part, i think the report kind of lays out those things. it knows where -- it actually lays out recommendations and most of those are things, everything from policy and planning, this is what we're going to do, building out what the chain of command would be, and what you call

joining us from texas, morgan chesky.ink it is invalid. >> reporter: in a word, they are calling it unconstitutional, arguing that texas is over exceeding its authority to protect borders. that solely is a federal responsibility. they say that they gave texas an ultimatum, basically take this law off the books by january 3rd or we will sue, and they now have sued. we have heard a response from texas leaders. governor greg abbott sharing he likes his chances in court if this law is challenged and the attorney general ken paxton sharing that they are more than willing to fight the biden administration over this law, which as you mentioned will go into effect in march. in the meantime, texas also fielding another challenge from the state of new york. the mayor of new york city, adams sharing today, katy, just a short time ago, that he plans to sue more than 15 charter bus companies from texas for more than $700 million in costs, in damages, essentially, because that's what it cost the city of new york to house the migrants t

as my colleague, morgan chesky reports, it happened just as the authorities announced a keyboard acrossd reopen. >> reporter: gone patrol on the rio grande. the texas tactical marine unit giving nbc news an exclusive look on a stretch of river where debris litters banks, laden with barbed wire, where record migrant crossings have overwhelmed. there was no way to keep up? >> no. >> reporter: how quickly did this go from a mission of intercepting criminals to then saving lives? >> it was overnight. >> reporter: the migrant search is forcing staff sergeant lee ashcroft and his colleague to rescue more than arrest. >> reporter: how many extra life jackets are on board right now? >> 6. >> reporter: and if you come across a group of ten or more? how would you help everyone? >> it is tough. it's a tough decision. >> you got it, you've got it. >> reporter: they're tps units rescue this migrant family in november. troopers hoisting children and their frantic mother to safety. last month, 300,000 migrant crossings shattered previous records, but in new york state this week, a dip. border patrol r

nbc's morgan chesky is following it for us. know, professor and the founding director of the neuroscience and law center at forden law school. good to have both of you with us. walk us through who kenneth smith is and what we expect today. >> reporter: yeah, chris, kenneth eugene smith was convicted in a murder for hire n 1988. he was convicted in 1989, won on appeal, and was reconvicted in 1996. and that's important because it was in '96, chris, that a jury recommended smith receive life in prison. the judge, however, overruled that and issued the death penalty, which as of this moment, alabama judges are no longer allowed to do. that's what put him on the path where he's set to be executed tonight by this form of execution. that has never been done before. his legal team arguing that it is a form of cruel and unusual punishment and that it's new. the court agreeing with him that it is quote, new and novel, but saying they failed in their efforts to prove this would be cruel and unusual, the main argument being that should any

morgan chesky has the latest. >> reporter: this morning, a humanitarian crisis in a political spotlight of migrants at the southern border, prompting the republican delegation to see the situation here in eagle pass firsthand. >> there has to be meaningful border solutions. it can't be window dressings. >> homeland security officials telling nbc news, federal authorities encountered nearly 300,000 migrants last month alone. the immigration issue sure to be front-runner, as the 2024 primary season heats up, while on capitol hill, a bipartisan group of senators has been working on border security legislation. >> -- the money i need to protect the border. >> reporter: the battle to contain the problem also playing out in courtrooms nationwide. the justice department threatening to sue texas over its new law, allowing state and local law enforcement to arrest and deport migrants suspected of entering the u.s. illegally. in a letter obtained by nbc news, the doj calling the law unconstitutional, arguing that it would disrupt the federal government's operations texas governor greg abbott has

nbc's morgan chesky is there for us. hey, morgan. >> reporter: good morning. hard to believe it was just weeks ago where we witnessed thousands of migrants waiting to be processed beneath these eagle pass bridges. this week, though, it appears to be, at least for now, a different story. customs and border agents reporting this entire sector of del rio and eagle pass had a mere 500 migrants were reported on monday. that dip enough for one official to call it significant progress. all ahead of that major visit from lawmakers. this morning, a humanitarian crisis in a political spotlight. a record influx of migrants at the southern border prompting the republican delegation to see the situation here in eagle pass firsthand. >> there has to be meaningful border solutions. it can't be window dressings. >> reporter: homeland security officials telling nbc news, they encountered nearly 300,000 migrants last month alone. the 2024 primary season heats up. while on capitol hill, a bipartisan group of senators has been working on border security legislation. the battle to

morgan chesky along the border in eagle pass, texas, thank you so much. an interview yesterday, quote, let me tell you, i'm not willing to do too damn much to help joe biden's approval rating. i will not help the democrats improve this n's dismal approval ratings. i'm not going to do it. why would i? talking about the potential deal on the border. you have it out loud. you have republicans in congress down at the border yesterday saying the biden administration needs to do something. we have these bipartisan conversations happening over in the senate. and when the biden administration proposes to do something, we hear the truth from some republicans, which is that, yes, there is a crisis at the border and we've been saying something should happen and most people agree something should happen, but at the same time we don't want to give up this issue, give the president a potential win that would resolve the problem. >> those are the words that we should all gist repeat over and over again, because these are, in fact, the facts. i am struck by all of these

roker is tracking all of it but first morgan chesky joins us from houston, texas. good morning to you. >> reporter: good morning, craig. it is a rainy mess in houston right now where officials are keeping a close eye on the water levels to see if they rise. right now, 134 million americans are under flood watches stretching from here up to rhode island. for so many others, freezing rain means that icy threat is very much in play. this morning, millions on alert as the wild winter weather continues. while many are still recovering from the deep freeze, flooding on the horizon for the south and east coast. some areas already getting battered. texas soaked with relentless rain. >> standing in about 7 inches deep. >> reporter: in the houston area, boil water advisories now affecting at least two water systems. the storm also barrelling through louisiana. this is extreme weather and freezing temps have struck much of the united states. freezing rainmaking for treacherous conditions in the midwest and lower great lakes region, slicking over icy roads. a heart stopping re

morgan chesky has more. >> reporter: in uvalde, texas, new calls for accountability this morning after by law enforcement. >> this was a failure of leadership. >> reporter: in a more than 600-page report, the doj outlines what it calls cascading failures of leadership, decision making, tactics, policy and training. the key focus, 77 minutes that went by before officers engaged with the shooter, an 18-year-old with an ar-15. among the issues the report raises, no one assumed a leadership role, calling the biggest mistake officers treating the situation as a barricaded threat and not an active shooter. >> had the law enforcement agencies followed generally accepted practices in an active shooter situation, lives would have been saved and people would have survived. >> reporter: another disturbing revelation, a wounded teacher who first responders left on a walkway outside the school died there. the doj says police also gave conflicting and incorrect information. >> an official incorrectly told families waiting for their children at the civic center that an additional bus of survivors was