tonight, the largest hospital in alabama pausing ivf treatments after a controversial court ruling on frozen embryos. the university of alabama at birmingham hospital suspending ivf treatments after the state supreme court ruled that frozen embryos are children the hospital saying they fear criminal charges or lawsuits. also tonight, the brother of president biden testifying in the house gop's impeachment inquiry. what he told them as prosecutors say a former fbi informant admitted the lies he spread about the bidens came from russia just in, the u.s. sailor on an american warship charged with spying what we've learned the passengers on an american airlines flight restraining a man with duct tape after they say he tried to open an emergency exit in midair. the mudslides shutting down part of the pacific coast highway after days of rain. also, multimillion

dollar homes teetering on the edge. the first trial under way in the deadly shooting on the set of "rust." the movie's armorer in court. rising concerns about measles in the u.s. six cases in just one school how is it spreading? and the time of their lives. two clockmaker brothers looking for a new home for their cuckoo collection. >> announcer: this is "nbc nightly news" with lester holt good evening, and welcome. there is new fallout from that major alabama supreme court ruling, which found frozen embryos created through in vitro fertilization are children and fall under the state's wrongful death of a minor act, and now tonight an alabama fertility center has decided to push pause on its ivf treatments leaving patients in limbo as it weighs the wider impact of the court's decision in a statement, the university of alabama birmingham's health system citing the

potential that patients and physicians could be prosecuted criminally. the court's decision has left many questioning the legal risk of storing unused embryos. senior legal correspondent laura jarrett has details. >> reporter: questions, confusion, and mounting frustration tonight in alabama as the state's largest hospital swiftly halts all ivf procedures just days after the alabama supreme court ruled frozen embryos must be treated as children, meaning people can be sued for destroying them the university of alabama at birmingham saying today, it's saddened that it must stop all ivf as it evaluates the potential that our patients and physicians could be prosecuted criminally or face punitive damages for following the standard of care >> my rage knows no bounds >> reporter: abby crane, a patient at uab, with frozen embryos she hopes to use soon first saw the news on instagram, but has heard nothing from the hospital.

>> i just want to be a mom, and it's wild to me that the state that i've called home has more say over that than i do right now. >> reporter: the court decision leaving doctors in a legal bind, given that frozen embryos with genetic abnormalities are routinely discarded before implantation as part of fertility treatments so that patients avoid miscarriages or other complications. >> i anticipate hearing from my doctor soon, but i have no clue what that's going to look like i have no clue if it means that i need to move to another state in order to have children i mean, it could be anything >> reporter: the decision reaching far beyond alabama tonight, nikki haley telling nbc news' ali vitali she agrees with the court. >> i mean, embryos to me are babies. >> reporter: but back in birmingham, uncertainty. megan cole's surrogate is scheduled for implantation with a frozen embryo this friday >> my husband and i want a child desperately. >> reporter: for now she can only wait to hear if her fertility

clinic will go forward with the procedure >> i just hate not knowing, and that's kind of what this opinion has caused. it's caused a lot of people to be in limbo, which is unfair. >> laura, do you get the sense other clinics and hospitals may follow suit here and halt ivf treatments >> well, lester, we called around to several clinics today to try to find out what's the plan, what's the path forward, and no one seemed to have a clear answer even though this decision came out last week. they still seem very much trying to evaluate their next step. lester. >> all right, laura, thank you. in washington president biden's brother james biden was questioned by the republican-controlled house oversight committee today on whether the president was involved in his brother's business deals. ryan nobles is at the capitol. what did james biden have to say today? >> reporter: well, lester, james biden told the house committee investigating joe biden that his brother did not have any direct or indirect involvement in any of his work this despite republican claims that james biden was using

his connections to his brother to drum up business now, those same house republicans today are brushing off concerns around the indictment of former fbi informant alexander smirnov, who claimed that biden was involved in a bribery scheme involving his son's businesses now special counsel david weiss has accused smirnov of lying to the fbi and also being involved with a russian intelligence official. now, that indictment enough for democrats to say that it is time for the impeachment inquiry to come to an end. republicans though are rejecting that push. lester. >> ryan nobles, thank you. just in tonight, a u.s. serviceman accused of spying according to documents. a navy sailor assigned to a u.s. warship based in japan is charged with espionage and communicating defense information to a foreign citizen. chief petty officer fire controlman bryce pedicini was charged last may and was expected to face court-martial today. in southern california the rains have stopped, and for

now states of emergency remain in some places, and coastal erosion is heightening the threat to homes liz kreutz is there for us tonight >> reporter: tonight, california still on high alert following the latest wave of severe weather in malibu this morning, a massive mudslide shutting down the pacific coast highway during the rush hour commute. rancho palos verdes now declaring a state of emergency the relentless rain saturating the soil accelerating the already moving land causing damage to homes, streets, and water mains. this land out here has moved up to seven feet in the past 15 months, three to four feet in just the last three months, and this right here, this is the impact these massive cracks in the earth this popular scenic trail getting washed away along the coast, massive homes teetering on the cliffs. >> i looked up, and i was like, wow, that all came tumbling down. >> reporter: according to the usgs, with sea levels rising, southern california could lose up to

two-thirds of its beaches by 2100. this geologist says there's no bluff in california spared from this intensifying weather. >> what do these storms do to our coast? >> they cause a lot of erosion. >> it literally is like a hammer chipping away?. >> it kind of is. the waves are powerful, and don't mess with the ocean. >> reporter: cities making drastic changes. in san diego plans to move the delmar train tracks considered too close to the coast, and in santa barbara, where a collapsing cliff forced people to evacuate their homes at this prime seaside area, several ar being rebuilt further from the shore >> would you buy a home here on the coast? >> probably not. not necessarily, just because i don't know where it's going to be 100 years from now >> reporter: an unknown future with our changing climate liz kreutz, nbc news, los angeles. the first trial in the deadly shooting on the set of "rust" getting under way today. the movie's armorer faces up to three

years in prison if prosecutors prove she was responsible for the lethal round in alec baldwin's prop gun. here's chloe melas >> reporter: jury selection has started in the criminal trial of "rust" film armorer hannah gutierrez-reed. gutierrez-reed, who was responsible for the film's weapons, is on trial for involuntary manslaughter and tampering with evidence for allegedly handing off a bag of cocaine to a friend after the shooting >> i can't believe alec baldwin was holding the gun. >> reporter: it's been over two years since the deadly shooting when actor alec baldwin fired a prop gun loaded with live ammunition killing cinematographer halyna hutchins and injuring director joel souza. >> well, i didn't pull the trigger. someone is responsible for what happened, and i can't say who that is, but i know it's not me. >> reporter: alec baldwin will stand trial this summer after a grand jury indicted him on one count of involuntary manslaughter he has pleaded not guilty >> so, here's the box that i got them out of. >> reporter: gutierrez-reed's attorney telling nbc news, she is ready for her day in court and

looks forward to the full truth finally coming out she is not guilty of the crimes charged against her. evidence presented at trial could include video exclusively obtained by nbc news in november. >> step back to your original mark. >> reporter: as well as text messages prosecutors say showed gutierrez-reed was using alcohol and drugs after work including the night before the fatal shooting if convicted, gutierrez-reed faces three years in prison. all eyes now on whether reed herself will take the stand in her own defense. tonight her attorneys are not commenting, but we expect the trial to take about two weeks, lester. >> all right, chloe, thank you. a scare today aboard an american airlines flight. passengers on a flight from albuquerque to chicago restrained a man after he apparently tried to open an emergency exit passengers recording it all on their phones the passengers held the man down until the plane returned to albuquerque. he was arrested when the plane landed. now to the race for 2024 and an issue

democrats hope drives voters to the polls, abortion rights, and now some republicans, after suffering losses on abortion since the fall of roe v. wade, are taking a softer stance here's stephanie gosk. >> reporter: west point grad and purple heart recipient sam brown will most likely be the republican candidate for senate in swing state nevada. the democrats are already attacking. >> but extremists like sam brown have fought to strip away women's rights >> reporter: in an interview with nbc news' natasha korecki, brown clarifying where he stands on abortion. >> i would not support a federal abortion ban. >> reporter: in nevada abortion is legal up to 24 weeks. >> i'm not here to try and change anything about our existing law. >> reporter: his position shaped, he says, by his wife's experience >> i just felt like i was all by myself processing this major event all by myself. >> reporter: in 2008

at age 24, former army lieutenant amy brown got an abortion, a decision she now regrets that she says left her shattered. soon after she met sam. >> he's helped me process it with compassion and with empathy. >> reporter: the former army captain suffered severe burns from an ied in afghanistan. amy was his dietitian helping him recover while at the same time she says, he was helping her. >> women should always feel loved, supported. part of that support is knowing that there are other options beyond abortion. >> reporter: brown like most republicans supports the overturning of roe v. wade, which has become a major political challenge and is largely to blame for the party's lackluster midterm results. now, abortion is front and center again in this election. >> we need to make sure that we're caring for women during pregnancy and after pregnancy. >> reporter: republicans in some places changing the

message. stephanie gosk, nbc news in 60 seconds, the measles outbreak at a florida elementary school how the district is trying to stop the spread and what parents need to know

we're back now with growing concern in florida about a measles outbreak that has made at least six elementary school students sick. sam brock reports on how the district is trying to stop the spread >> thank you for being here, staff. thank you so much. >> reporter: class is in session at manatee bay elementary in south florida after a cluster of measles cases here, six in less than a week, has fanned concern for some parents >> right now i'm not sending my 10-year-old to school, so i'm keeping her at home. >> we stepped up the hand washing and this and that, and we're just doing our best to cope >> reporter: broward county superintendent dr. peter licata today at a monthly school board meeting. >> the health department is currently at the school until 6:00 p.m.

today offering vaccine opportunities. >> reporter: licata says the district is taking action to safeguard families >> we're doing deep cleaning we're cleaning our buses. we've replaced all the air filters. we've done everything we can to physically make the difference. >> reporter: the new year swept in more than two dozen cases of measles licata says 97% of manatee bay elementary students have received at least one shot of the vaccine, but pediatrician dr. jacques orces says broward county is at higher risk because of all the international travelers, plus vaccine exemptions for religious or health reasons are rising >> are you surprised to see measles re-emerging in 2024? >> i'm very surprised to see it re-emerging, because it's something that's completely preventable, and it's only those people who refuse to immunize that are really bringing this back to the united states. >> reporter: while families at manatee bay doing whatever they can to protect themselves >> we're trying to keep calm trying not to add to any potential hysteria >> reporter: sam

brock, nbc news, broward county, florida. and up next, the troubled osprey military aircraft after a series of deadly crashes. why families of the fallen are concerned about putting it back in the air too soon. our investigation is next

back now with our nbc news investigation. the u.s. military is weighing the future of the osprey aircraft after another deadly crash last year, but one marine family, who lost a son aboard an

osprey, worries they are not safe to fly. here's courtney kube >> reporter: tonight, defense officials are zeroing in on the cause of the most recent deadly osprey crash, adding to the likelihood that the aircraft could be back in the air within weeks, but wayland and michelle strickland, the parents of lance corporal evan strickland, worry this is too soon. he was just 13 years old when he saw his first osprey he was hooked. >> it was the first time he had ever seen like an osprey up close. >> he was intrigued -- he was fascinated by it. >> yeah, he was just over the moon about it. >> reporter: almost like a transformer, the osprey can take off as a helicopter but then turn into an airplane getting troops to the battlefield quickly. >> i got a picture of him where he's sitting in the cockpit that was actually just in front of the position where he was when he passed. >> reporter: evan joined the military working on osprey crews. in june 2022 he was on an osprey over california when investigators say it experienced what's called a hard clutch engagement when the clutch releases and

suddenly re-engages. >> so, at that point they lost control of the flight. >> and the aircraft fell >> just like a rock. >> yes, just a rock. >> reporter: no one survived the crash it was evan's first osprey flight as a crew chief he was 19 years old. after the crash, the military said they were 99% sure they had fixed the problem. there have been no clutch failures since january 2023, but they still can't say for sure why it happened in the first place >> you can't fix something if you don't know truly what's causing it, and so that's the worry and the concern. we just want it fixed. >> reporter: evan's casket was escorted by a marine honor guard that included one of his best friends, corporal spencer collart. >> i had received a text saying there had been a mishap in australia. >> reporter: just 14 months after he was there at evan's funeral, collart was killed when the osprey he was in crashed in australia also >> i'm like, no, no, no your heart just sinks, and i remember shaking kind of showing you the phone, like, no, this can't be. >> reporter: and it

happened again in november in japan, eight more service members killed in another osprey crash the investigation in that crash focusing on an added concern, the prop rotor gearbox that connects the engines to the rotors. in the last two years four crashes have taken the lives of 20 service members, and military data shows the number of serious aviation incidents known as class a mishaps are on the rise for the osprey. in the last two years, there were 11 incidents compared to just two in the previous two years. >> i don't know anyone that doesn't know somebody that's passed away in an osprey crash. >> reporter: this former military aviation mechanic worked on the osprey for decades. he fears repercussions for speaking out we protected his identity, including using another voice in place of his. >> they need to be doing more to prevent this stuff and to be more transparent >> would you go up in an osprey today? >> no. >> reporter: he says they also felt pressure to get the aircraft back in the air quickly. >> you're trying to reach these benchmarks that are really hard to get to, so there's

a lot of perceived pressure that ends up turning this into actual pressure. >> reporter: in december the pentagon took the rare step of grounding its entire fleet of ospreys, but nbc news has learned there are still ospreys flying in djibouti and okinawa for operational necessity. >> does the pentagon think it's safe to put ospreys back up in the air before you determine what caused the crash? >> i think we'll leave it to the services to determine when it's best for those ospreys to be relieved of that stand down order, but right now they're still not flying at this time. >> reporter: the pentagon sent us a statement saying in part, the safety of our aircrews is of upmost importance, and we recognize the critical role the v-22 plays in our nation's defense and are dedicated to safeguarding the well-being of our personnel. meanwhile, wayland and michelle strickland say they'll keep demanding answers because that's what evan would have wanted. >> our son, if he knew this was going to happen and that it would lead to some kind of change to protect his brothers and keep them safe, he'd do it again >> reporter: we reached out to the

osprey manufacturer, bell textron, and they gave us this statement, quote, our thoughts are with those who were lost in these incidents along with their family, friends, and loved ones we are steadfast in our commitment to safety and are fully supporting the investigation. lester. >> all right, courtney kube tonight, thank you. coming up, how time is ticking away for the most unusual collection that's next.

finally two brothers with a one-of-a-kind collection that just maybe could be yours if you have the space and the time here's molly hunter. >> reporter: arriving in cuckoo land -- >> hello wow, cuckoo land >> reporter: -- is an immersive experience the cacophony of ticking, ringing, and, as promised, hundreds and hundreds of cuckoos. it's overwhelming. oh, there it is. more than 700 cuckoo clocks. it's believed to be the biggest collection in the world and belongs to british brothers, maz, 69 years old, the expert clock repairman -- >> i've been doing it nearly 50 years, and we're learning every day. >> reporter: and roman, 71, the front man of sorts >> we eat, sleep, and live cuckoo clocks.

>> reporter: the brothers, unmarried with no children, started as clockmakers at age 15, then came the first purchase >> we bought that many years ago, and we paid 70 pounds for it. >> reporter: and then it spiraled, and now as time flies, the pair want to pass their collection to the next generation. >> so, your ideal candidate is younger. >> yes. >> has the money and the knowledge. >> i would love it to go to a family, and they could continue in that family. >> reporter: most importantly, someone who wouldn't break it up >> what we're looking for is somewhere for the collection to go where it can be looked after for all time >> reporter: if this is you, the clock is ticking. molly hunter, nbc news, knutsford, england. >> i think that sound means our time is up that's "nightly news" for this wednesday thank you for watching, everyone

i'm lester holt. please take care of yourself and each other. good night this ad? typical. politicians... "he's bad. i'm good." blah, blah. let's shake things up. with katie porter. porter refuses corporate pac money. and leads the fight to ban congressional stock trading. katie porter. taking on big banks to make housing more affordable. and drug company ceos to stop their price gouging.

most politicians just fight each other. while katie porter fights for you. for senate - democrat katie porter. i'm katie porter and i approve this message. i'm raj ma thigh. next own nbc bay area news tonight, president biden is here as part of a three-day fundraising trip in california. we're live in san francisco at his event. also a scuffle breaks out during a news conference for oakland mayor, shane powell. the clash between her supporters and those who want to recall her. plus reinvestigate a potentially new prob