scott mcfarlane, nbc news washington. >> that's at the national level. here at the state level things are trending in the wrong direction too. our state positivity rate now soaring past 6%. it has been steadily climbing over the last several weeks. every day when we show it to you, it's up. overnight the state admitted another 209 people to the hospital. right now nearly 4,000 people are in the hospital because of covid-19. so put it in perspective. take a look at the hospitalization rate month by month. today there are more than 3,900 in the hospital. back up a month and we had 1,350. at the height of our last surge back in january, more than 16,000 people were sick with covid. >>> one of the largest school districts in san jose reopens full-time in-person classes next month and its faculty and staff will be fully vaccinated or they must test twice a week for covid. the policy was announced this week and brings both the district and the teachers association together in agreement. 30,000 district students are about to returning to the classroom and some

scott mcfarlane is covering the case. he joins me now. i can imagine is whoever is searching the home coming upon this saying, this seems relevant. >> a lot of the cases have shapes or patterns or symmetry. this case has a shape all its own. robert morris is from state college, pennsylvania. they say he came to the capitol with a tactical vest and scissors. they said he had a tourniquet. the feds say he joined multiple fronts. first, scraping with police outside, grabbing a baton. coordinating the theft and movement of police shields. he joined with the rioters in the west tunnel against police. then they say he broke into and was unlawfully inside a private office in the capitol. we knew some of that from the original charging documents. it's what the feds said when they tried to get him held in jail that included some of the new revelations. they found guns. they found the tourniquet. they found a notebook with writings that included step by step how to create a hometown militia. yes, they say they found that fully completed lego set of

joining me is scott mcfarlane, ashley parker, jake sherman.those clips are being shown to hold some of these defendants in pretrial detention. that should give you an indication where we are. we're closer to the starting line than the finish line. we have 500 arrested and charged so far. there could be hundreds more but at this moment they're litigating who should be held in jail. trials, they're a long ways off, chris. the first big trial scheduled in the accused oath keeper's case scheduled for late january 2022. there's a long road ahead and nobody knows where, with what and most is interestingly with whom that road ends. >> as you have the legal side working its way to the courtroom let's talk about the house committee looking into this, kevin mccarthy can pick five members but it gets nancy pelosi's approval. who should we watch out for, when might we know what he's going to do. >> reporter: last week, kevin mccarthy told garrett haake, that when there was news he would say it. it's been five days since then and no update on what kevin mc

denver riggleman and scott mcfarlane. yamiche, the revelations in this book are disturbing.s private dining room, watching this riot as it was unfolding refusing to call in the troops. mike pence had to do it, while he was the guy under attack. why is this not the biggest story out there. imagine if george bush went out to lunch after the twin towers got hit. >> here's the thing. it probably is one of the biggest stories out there. we're all talking about it. it was something that was covered at the time and i think that it's really a national work to continue to reveal the details of what happened, all the time in the trump administration between november 2016 and january 2021, which were really the scariest periods in our country's history, in modern history, at least, when you had a president who was grasping and holding on to power, and you had military officials meeting each morning with his chief to try to talk through what to do if the president tried to do two things. tried to either start a war in order to try to hold on to power, or tried to use the military, the u

>> joining us now nbc 4 washington investigative reporter scott mcfarlane and host of way too early, . scott, you've been looking into this and the investigative angle of this has many, many, many focuses. not only just trying to arrest those who were there, the insurrectionists and charge them, but also the political angle of really trying to prove to the american people and a large portion of it that is trying to be told something different about what happened there. what can you tell us? >> good morning. let's start with this. we are closer to the starting line than the finish line of the prosecutions and potentially the investigation. think of where we were six months ago this morning they were setting up the rafters at the white house. those pipe bombs were sitting active, dangerous and ominously outside the republican and democratic party headquarters. and people involved with the insurrection were storing guns at a hotel in virginia getting ready for what the feds say was a quick reaction force if and when donald trump invoked the insurrection act. and insurrectionists were arm

joining us scott mcfarlane who's covering the sentencing and plea bargaining hearings today for theircapitol insurrection. scott you say today is a big day. frame it out for us. >> it's the perfect test case today, paul hogekins of florida faces sentencing we could get a good read on what others could face after hearing his sentence. here's why. the feds say he didn't assault anyone or break anything inside the capitol. but he was in the chamber with a flag, and the possibility of violence with rope, goggles and gloves. prosecutors are going to ask the judge to sentence him to 18 months in prison today. let's see what the judge decides. does he spare him prison, or does he go higher and give him more prison time. i can give you a preview of the arguments. hogekins is going to ask for leniency saying he showed courage and strength by being among the first to plead guilty and draw an analogy to the civil war, the leniency grant showed lee, an interesting choice. the feds will argue about the collective damage, the $1.4 million in damage to the property at the capitol, the emotional and

>> let's bring in nbc 4 reporter scott mcfarlane. he's been covering the sentencings and plea bargains for those in the attack. let's talk about this case, mr. hodgkins, a 38-year-old man from florida in the chamber, asking for mercy, some charity. the judge said no this would set a bad precedent. giving 8 months, less than prosecutors had hoped for. what's the precedence in this case? >> this is the first test case, willie and people don't like the score. paul hodgkins got half of what the prosecutors were seeking, 8 months versus 18 requested by prosecutors. he told the judge what he did was foolish, not inspired by politicians and said that joe biden is the rightfully elected president of the united states. but he was angling to avoid any prison. his attorney argued if you send him to prison, he loses his job, his home, he'll have trouble caring for his cats. the judge didn't go for that. the prosecutors said, this was powerful, what he did was part of a domestic terror incident that day. and congress had to evacuate its own chamb

nbc washington investigative reporter scott mcfarlane is here, an msnbc contributor, and sam, white house editor for politico and an msnbc contributor. scott, i have to give you credit for flagging most of these headlines we're starting with for me. why don't you take me through, first, this new video and, second, this finding that because of the lies that the ex-president continues to tell and because of the way they're amplified on right-wing media it is not safe for the community and the document says or democracy itself to have the defendants and the insurrection investigation roaming around unsurveilled. >> nicolle, good afternoon. let's begin with the video. it's so visceral. it's released under court order by the u.s. justice department. body worn camera footage, more from police officers who are not only on the front lines that day but being assaulted that day. these videos are illustrative of the visceral combat on the front lines. they're also being used as evidence to try to hold some of these defendants in jail pending trial. that's really where we are in so many of these case

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