good day. i'm chris jansing live at msnbc headquarters in new york city. it is a waiting game of historic

proportions as law enforcement braces for a possible indictment of donald trump, jurors are sorting through conflicting testimony from key witnesses. so, who is the grand jury going to believe? plus, gut wrenching video showing the death of irvo otieno pinned down by law enforcement and hospital staff for 11 minutes before he stopped moving. what the county attorney is doing today to try to bring those responsible to justice. and more dangerous and destructive weather is hitting california, including another massive dose of snow and several more inches of rain. evacuation orders issued for neighborhoods like this that used to be along the san joaquin river, now essentially in the san joaquin river. a lot to get to. we start in new york, where the next grand jury date in the hush money case against donald trump is tomorrow. allowing the already massive sense of anticipation to build for at least another 24 hours or so. but jurors have a lot to digest

between now and then after robert costello spent more than two hours on monteling them the d.a.'s key witness and his former client michael cohen is a liar with no credibility, though cohen later says the same thing about him. >> if they want to go after donald trump and have solid evidence, so be it. but michael cohen is far from solid evidence. >> bob costello, if he was any more imaginary in the statements that are coming out of his mouth, he would be number one "new york times" best-selling fiction author. the beauty that i have is i have facts, i have truth, i have the documentation. >> what can he say? i'm lying? i have the documents. >> i want to bring in nbc's vaughn hillyard following all this from outside mar-a-lago. nbc's garrett haake is standing by outside the d.a.'s office, and harry litman is former deputy assistant attorney general and professor of constitutional law at ucla.

could the grand jury come down to whether they believe costello or cohen and does the fact that they didn't ask for cohen to rebut costello's testimony tell you anything? >> it tells you the d.a. isn't concerned with what costello had to say. though in the press availability after costello did a general diatribe, he was only asked about two or three documents, he wanted to unload on cohen more. he told cohen, you can sleep comfortably at night, you have friends in high places, he really is a trump fixer more than a lawyer. i think it is -- the d.a. concluded it is not an issue for the case. they got a free preview of his testimony at trial. i think truly all that remains fou is for the grand jury. nothing can happen until they vote on an indictment, but i think will occur tomorrow. they just have to get a

summation and draft indictment from the d.a. and vote on it. >> is there any word on that on the ground, garrett? where do things stand now? what is happening next? >> reporter: a whole lot of tea leaf reading on the ground here based on the same facts that harry outlined. we heard from a trump ally. we know the d.a.'s office reached out to donald trump about providing that witness or giving mr. trump the opportunity to testify or michael cohen who spent five hours with the grand jury last week but wasn't asked to rebut costello. another possibility there they could ask another witness to come forward, but it doesn't look that way. most of what we heard from the d.a.'s office has been in the form of emails. either internal or in statements responding to the threat of protests or the idea they would somehow be intimidated from doing their job.

having been out here for a couple of days now, i don't see anything that could qualify as intimidating, barely anything that qualifies as protests. a couple of small groups outmust bed by the cameras here, the worldwide media pointed at the d.a.'s office and the courthouse behind me waiting for news. >> i want to play part of what costello said is at the heart of this case as well as michael cohen's response when he talked to ari melber last night. take a listen. >> the heart of it is michael cohen told us he was approached by stormy daniels' lawyer and stormy daniels had negative information that she wanted to put in a lawsuit against trump. so michael cohen decided on his own that's what he told us on his own to see if cote care of this. >> what is your response to them saying you went rogue? >> that's the defense they try to put forward. it is going to fail and fail miserably on its face. i didn't sleep with stormy daniels. donald did. second of all, there was

notifications that came to the trump organization about her. not filing a lawsuit, mr. costello, facts do matter, especially on this show. she wasn't filing a lawsuit. she was going to go public with the information. >> how important could that be the idea that cohen may have done this on his own without trump's blessing or knowledge? >> look, had he done it on his own, the original story, remember trump telling on the plane or had he done it in order to out of concern for melania rather than the campaign, that would matter. it is a very implausible account and cohen, since he has recanted the original version been all the consistent all the way through. this is one of the worries up top, not the account itself, but people wouldn't believe cohen for different reasons but bragged there have been six or seven other witnesses they serve

to corroborate cohen as to the paper record. it would matter if the jury believed it. there is no reason to think it should including that it is so far fetched on its face. >> so we're assuming that at some point and maybe even now alvin bragg has a decision to make. what would very to be able to prove if he was going to make a felony charge and from what you've seen, does he have the goods to do it? >> great question. there is -- he's got to two-step here, the first step is easy. that's showing they misreported the financial transaction as being legal fees for cohen rather than hush money for stormy. to make it a felony, it needs to be in furtherance of another crime and that's what everybody is holding their breath to see. there are some suggestions

swirling about that seem a little rough and tricky. other possibilities, including an article by my friend andrew weizman and andrew goodman in "the new york times" that seem more solid. the first thing i will look to when the indictment comes out is what is the second crime that bragg is alleging in order to elevate the easy misdemeanor to a relevant felony. >> what will have been the thing that made it likely not possible in the way we tao with the federal investigation? >> alvin bragg and the entire d.a.'s office evaporizing. he's -- the dye is cast. he's past the time with everything that occurred. there is no substantial doubt

they can raise and all this threat by trump to incite civil disobedience is somewhat despicable but won't deter them. there's nothing that will stop the train now. it is rolling at high speed and about to arrive. >> what is happening at mar-a-lago on this day when the president said was going to be the day and hasn't turned out to be the day, but what are we hearing from the former president if anything today. >> he continued to post on social media over the course of the last couple of hours, specifically trying to undercut michael cohen, trying to undercut letitia james, currently taking part in a hearing related to the civil suit against the trump organization as we speak. and trying to undercut alvin bragg here. this is the day that trump said he would be arrested. he called for protests. this is the scene we're looking

at outside of mar-a-lago. 40 to 50 people here have gathered. you see the palm trees, that's where mar-a-lago is. i want to introduce you to one woman we met. you helped promote this online. have you done this before? >> i have a group of friends and we had flyers made and get it out to some and that's how it gets ash. >> when you saw donald trump call for a protest, what does -- >> we're not protesting. we're supporting the president. >> if he's indicted, what should the response be? >> nothing. have a party and laugh and go off. >> debbie, thank you very much. >> thank you. >> this is the scene outside of mar-a-lago on this tuesday

afternoon. there is new and graphic video that was on takenobtained by "t washington post," showing ten deputies and hospital staff piling on top of irvo otieno. a warning, it is difficult to watch. for what "the washington post" reports was 11 minutes, eight, nine, and then ten people can be seen holding otieno's raotieno' legs. investigators say they were told he had been combative while being admitted to the hospital. the post says it obtained the video by clicking links in court filings where ten people are charged with second degree murder for his death.

marissa parra is following all of this for us. how is the d.a. and the community there reacting to the video released by the pope? >> we have learned within the hour that all ten have been indicted, we're talking about devin deputies and three of the hospital workers. this was as a result of the grand jury meeting behind closed doors. we'll warn you before you we show you images, it is difficult to see and difficult to watch what we know to be his last moments and so i want to walk you through some of the elements here. you asked about reaction. naturally the defense here said they're disappointed. defense for different deputies and hospital workers. one said they were worried it

would taint a jury pool. they said it is too late now, the cat is out of the bag, with a direct quote that we heard in a motion to try to suppress that video which we already mentioned is already out there. and emergency calls, i want to give you a small portion of a 911 call, emergency communications between the caller and the dispatcher. >> we have medics en route. >> did you say they were en route the last time. how far are they coming from? south side? >> ma'am, they're coming as quickly as they can. they're coming. >> this is totally unacceptable and you know it too. totally unacceptable.

when we talk about release, the important thing to remember is that this was a result of a drop box link not having a secure password protected link. we know the defense for one of the deputies had expressed very sincere frustration over that, saying he didn't know if that was intentional or not. we talked about how ten has been indicted in this. this video has been such a central part of this, chris. we are hoping to get our eyes on all the video and its entirety that we have only been able to see in small portions from "the washington post." there will be a news conference at 6:00 here and that will also include a presence from ben crump last week. hundreds of thousands of california residents evacuating their homes with more flooding on the way. how catastrophic could this get?

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right now, heavy rain is pouring down on california, where 17 million people are under flood alerts. in the central valley, thousands of people forced to evacuate ahead of the latest storm after levees burst under the stress of the constant downpours. the situation is so serious, emergency crews from around the state have flown in as part of a mutual aid network. i want to bring in the sheriff from tulare county, california. what is the situation on the ground where you are today?

>> i'm sitting in our command bus and the rain is really starting to come down outside. i hope you can hear me okay. we're watching an atmospheric river that is coming in right now that is supposed to drop as much as two inches of new water in addition to three to four inches of new water in the mountains. what does that mean? we could have 5 to 8 inches of new water coming into what we're already dealing with. much of the levees, i say much, there is many locatelocations w levees have given away because of the force of the water coming in jeopardizing our communities. we have evacuated two different communities here, allensworth and about 2,000 people had to be evacuated. much of our farm land is under two feet of water. we have over 10,000 acres or more currently that is under water. our farmers, ranchers, they're working hard, working 24 hours a

day almost using heavy equipment trying to re-establish the levies and working with our state emergency services trying control the amount of water coming down out of the mound mountains and into the water ways. >> this is one of the biggest dairy farming areas in the entire country, so the impact could be profound. this second, what is your biggest challenge? >> obviously as sheriff my priority is for the protection of life. we want to make sure that we get everyone somewhere safe, that's what we have been able to accomplish so far. no one has lost human life, which we're thankful for. you mentioned our dairies. they're literally moving thousands of cows out of the area with trucks, trying to get them into areas of dry land, mostly areas outside of our county. there are thousands of cows that

provide milk and dairy for the county, the state of california, all across our country. there will be a profound economic impact what it comes to the agricultural pause of the destruction to farm land and producing milk and dairy here id our county. >> how are you holding up? you must be working around the clock. i can't imagine you're getting a whole lot of sleep. >> not a lot of sleep. last night i got three hours of sleep. the night before, four hours of sleep. i was happy to get four. many of the men and women out here getting very little sleep, working around the clock, trying to keep them fed, making sure they have rest and continue working. the storm coming in tonight and what is coming down outside right now is some of our main focus. we're not done today. we're not done tomorrow. that water coming down into our

mountains now we'll see four days from now. there is a lot of work to be done. this is what emergency services do. this is what we train for. we called in extra help from fire services, we have orange county, l.a. county fire services here, the state office of emergency services and i reached out to a region five law enforcement mutual aid request. we had many people helping us, here, keeping roads blocked and evaluating the damages and hazards that are posed to the community. >> i know the challenges are far from over. it is good to hear you're getting in reinforcements. good luck to you and everybody who works with you. >> thank you very much.

the words of one top republican, but can the gop move beyond the former president? we'll head to the how to retreat in orlando, next. t now, i can da with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day. many taking rinvoq saw clear or almost-clear skin while some saw up to 100% clear skin. and, they felt dramatic and fast itch relief some as early as 2 days. that's rinvoq relief. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers including lymphoma and skin cancer, death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq, as serious reactions can occur. tell your doctor if you are or may become pregnant. disrupt the itch and rash of eczema. talk to your doctor about rinvoq. learn how abbvie can help you save.

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republicans are having trouble walking away from the ongoing controversy surrounding the former president. as nbc news reports, house republicans are supposed to be huddling in florida this week to talk about policy and messaging. instead, once again, their having to discuss donald trump. one committee chair says it is taking a toll. >> i think we're all exhausted from the drama, the drama. i don't think that's where i want to be and to be a sore loser and have to deal with the porn star and hush money. >> if republicans truly are exhausted by the trump drama, how do they plan to turn the page? or have they come to the realization that the former president's comments and legal woes will continue to dominate the conversation in 2024, including their own races? ali vitali is in orlando where house republicans have been gathered for their retreat.

peter baker is chief white house correspondent for "the new york times." michael steele, former chair of the rnc, both are msnbc political analysts. i guess the key question, ali, do republicans really want to move away from trump? there is arguably evidence to the contrary in their comments. what are you hearing and seeing in orlando? >> reporter: depends who you ask, chris. especially when my colleague scott long and i had that conversation with chairman mccall, one member who is really focused on serious and sober investigations as the chairman of his committee on foreign relations going into things like the afghanistan withdraw, he's focused there. you heard in the conversation, i asked him about the split screen about what republicans are trying to do with their majority in congress, versus what is happening out on the campaign trail and now potentially in the manhattan's d.a.'s office.

the reality here on the ground and we watched this play out over the course of the last few days, nothing happens in a vacuum. it is all very much linked with everything that the republican house majority will have to contend with. while speaker mccarthy and others have been here in the last few days, mccarthy complaining about the fact that reporters kept asking him about trump, he's both someone would wants to talk about the policy that they'll leverage with this majority and the same speaker who supported three of his top chairman sending a letter yesterday to d.a. bragg saying if he indicts trump they want him to come before congress and testify about that. so, it is really living in two spaces where they are forging ahead on policy but are still going to have to talk to about donald trump whether they like it or not. we're getting into a presidential year.

we have 18 months. >> 18 more months having a conversation about this. i was watching you. you were chuckling a little bit as ali was making her report. maybe mccarthy doth protest too much. >> they are -- there is so many different personalities that emerge in any given moment based on what donald trump has done and which reporter is in front of them. you just can't keep up. it is laughable. they could so easily stop this. >> could they really? how? >> all they do is go get in front of a microphone and say exactly what mccall said. we're done. we can't do anymore of this. donald trump, we're done. in fact, if you want to run, that's your prerogative, but we're moving on and the organs

of this party will be invested in candidates that actually can beat joe biden in 2024. but they can't do that. you just outlined. mccarthy is, you know, forked tongue. one moment complaining, why are you asking me about donald trump? and then the next moment, telling the d.a. if you do anything against donald trump, we'll haul your behind in front of us to testify. what is the public to think? i know, you're not serious. that's what they think. they don't believe it. all the histrionics and belly aching and whining, it is entertainment fodder. it amounts to nothing. until their prepared to take an the behemoth in front of them, irrespective of the fallout of the base this he can survive the fallout with the base. i've done it, i've been there, i know what it is like to disrupt

the base and have them go off on you, but you recover. this protesting is a little bit, how shall we say, childish, unresponsive, and amounts to very much of nothing. >> let me play devil's advocate, this argument, even if there were a group of republicans who genuinely wanted to turn away from donald trump, he would let them? if he wants to dominate the news tykele, he will, and with the number of investigations that are ongoing it going to dominate the news cycle. >> well, dominating the news cycle, you can't have an indictment of the former president of the united states and not expect that's going to be a subject of conversation and reporting in all sorts of venues, florida or not.

it reminds me of what mr. mcconnell said after the january 6th insurrection, they quoted him telling aides, don't worry, the democrats will take care of him for us. that's the desire on the part of a lot of republicans, they would like prosecutions to take care of donald trump for them. mo move him from the table so they can get on with the business of finding somebody who can beat joe biden. they don't want to say that out lout. they are very afraid of that. i think they worry that if they're seen across aligned with donald trump, he has the largest bull important of american politics and can make you uncomfortable.

>> after i threw you under the bus, michael steele, i'll say something i think will support your point of view. it is an interesting story on nbcnews.com about ron desantis deciding to jump into the fray and making comments about porn stars, et cetera. it expands the drama that doesn't help him or trump or any republican who is running for office in 2024. let me read from that article. a brawl could open up a lane for an alternative option. that's what the rest of the fight is counting on. if you're a republican running in a swing district, not a gerrymandered district, is that at the heart of what you're facing for 2024? >> that and whole lot more.

peter's great analysis and reporting. it is not the party it twisted itself into. how do you untwist it. this brawl, if that's what people want to call it, between desantis and trump -- >> maybe a little hyperbolic, but you get the point. >> you think? a little bit. we're looking for it. it is not going to happen. desantis antithat guy. he's no mike tyson. trust me, i know. he's not prepared for this fight. no way, no how. he can't throw a punch or land one. if you don't call the thing a thing. we know who you're talking about, show us you got the moxie to say the name and they don't.

nobody does. the hushed tones still continue. the off -- the off the record remarks continue. you hear the plaintiff plea without actually going, donald trump needs to sit his behind down and shut up because that's what we're. >> we have a minute left. could we see a 2024 michelle obama election? when they go low, we go high, with joe biden and the democrats just sitting back and letting the republicans go at it? >> well, look, i think you saw that president biden is not going to fight the same way that president trump fights. they're very aggressive. they're looking forward to a fight with trump. they think they can beat him in

2024. it is not going to be the same nature. just nobody fights the way trump does. as michael said, desantis doesn't. it is not in anybody else's nature. but that doesn't mean you should let him pile on if you're his opponent. that's the question that desantis has to answer first and we'll see what trump does if he wins the nomination. >> peter baker and michael steele, thank you. we have a split screen, moscow and kyiv and the leaders of japan and china and what it means for the war in ukraine. that's next. this painful, blistering rash can disrupt your life for weeks. it could make your workday feel impossible. the virus that causes shingles is likely already inside of you. if you're 50 years or older, ask your doctor or pharmacist about shingles.

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president who put environmental concerns at the center of his campaign in 2020, continues to talk about it heading into 2024, so conservation issues, climate change issues, he's at the interior department, introduced by a member of the mojave indian tribe. the leaders of two pacific powerhouses standing on opposite sides on the war in ukraine today. china's leader xi jinping sat down with vladimir putin for day two of that high profile state visit. josh letterman is following it all from seoul, south korea. it is a split screen. what do these visits represent for the future of the ukrainian war? >> reporter: they like to talk about the emergence of a

multipolar world, a phrase that president putin used today as well. referring to when you have multiple power centers around the world balancing each other out. in a way, that's really what we're seeing now play out in ukraine with one side reflected by the group of seven nations including japan, and the united states, and on the other side, countries like russia, which is obviously launched this invasion, but now two at least tacit support or lack of opposition from the chinese who are themselves fresh off a diplomatic victory in the middle east with that deal they brokered between iran and saudi arabia. with this visit by prime minister kishida fumio of japan to ukraine, all the heads of state of the g-7 nations have all now visited ukraine to visit with president zelenskyy. in the meeting that president xi and president putin had today in moscow, second day of meetings, it largely focused on the war in

ukraine and on china's proposal for peace in ukraine, which critics pointed out isn't so much a specific plan as more of a general assertion there should be peace in ukraine, given the fact that china's government to this day has yet to acknowledge the fact that russia has infact invaded its neighbor. they don't call it a war. they call it a crisis or conflict. we just saw a statement about that meeting talking about how the two sides oppose the practice by any country or group of countries to seek advantages, military, political or other areas to the detriment of legitimate security interests of other countries. the chinese foreign ministry saying the russian side reafirmd its commitment to resuming peace talks as soon as possible and china appreciates that. the u.s. and ukraine pointing out that peace talks could start at any point in time, just as soon as the russians pull their

troops. boris johnson admitting today that he misled parliament about the infamous partygate soirees but saying it was -- the parties took place during the height of covid, violating the lockdown laws his own government had proposed. that led to a public uproar that in part cost him his job. he initially denied any rules had been broken. and now he says his statements to parliament weren't totally correct, but, were, made in good faith and made on what i knew and believed at the time. this comes one day before johnson faces lawmakers. if they include he deliberately lay lied, he could be suspended from parliament or lose his

seat. a ruling to come down any moment. what we're hearing from inside the delaware courtroom next. the cdc warns of a deadly fungal infection spreading at an alarming rate. stay with us. you're watching "chris jansing reports," only on msnbc. your. learn your way. not theirs. td ameritrade. where smart investors get smarter℠.

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this is an incredibly consequential day in the case of dominion voting systems versus fox news. at any moment a judge could make a ruling from the bench that would either make it easier for fox news to be held liable for their on-air claims that the 2020 election was rigged or a whole lot harder for dominion to prove fox did anything wrong. both sides are asking for an immediate decision on which claims stay in the billion dollar lawsuit and who could be held liable for them. jane timm has been fouling it out and also harry litman is joining us. walk us through the potential scenarios. what is the judge being asked to rule on? >> both sides of this argument have essentially argued the same thing. they say the evidence is so clear and convincing, we don't need to go to a jury. just decide it right here and now. chances are not everything will be decided, but however the

judge rules here could sharply shape or limit the case, who can be held liable, what they can discuss. so right now dominion has been presenting all morning and making the case that there is essentially no defense for the alleged defamation running through each and every challenge statements that they are going after an digging in, trying to rebut everything fox has said about the specific claims. fox news of course says that they should be sent out right now immediately. however whatever the judge says and whatever he doesn't do is really going to shape this keenly. dominion attorneys have made the argument again and again in this hearing that this institutionalized -- that these falsehoods were so widely made throughout fox's programs that essentially they made sydney powell a celebrity and are

responsible for everything that she said on their air. >> thank you for that. loving the movie poster buff still listening to what you had to say. harry, tell us your view of what the judge has to do today. >> first as jane suggests, it is a little strange that both sides are saying that we win. that happens all the time. how often does a judge grant it? in a big case like this, not very often. a lot of times in smaller cases, but i see it as cannot very likely with one exception. they are arguing about summary judgment as it is called for different aspects of the case. it seems to me possible that judge davis could say, you know what, no jury could conclude other than the statements were false. therefore we can take that and

set it to the side, take it as decided and leave it to the jury to focus on the critical question of did fox have actual malice which is the constitutional term for they knew what they were saying was false or they were reckless about it. so in that sense as jane says, i think that you could winnow the issues for trial. but it is at this stage with this magnitude of case and all the things on both sides, it would be unusual certainly to have a full out summary judgment that kind of both parties are asking for. >> so do you see this going to trial? if so, how long -- because as you say the stakes are incredibly high and it is a lot of complex testimony for sure that is going to come in. >> i see it as going to trial. and next month a big trial maybe four to six weeks. it depends, you know, a little on how delaware practice goes.

as opposed to other injuriesry jurisdictions. so i can't say to the day, but it will be a big complicated trial and it will focus on all the correspondence. but dominion says we want to talk to murdoch and the head lawyer and get to the brass of fox. so obviously they can organize to the jury at the end this wasn't just a few reporters going this way. it is really the whole company was completely in the tank. >> and we'll surely be talking about this again. harry litman, thank you. and with the recent cases of severe turbulence on board planes, the proposal that could totally transform how parents and their young children fly. we have that report coming up next. moderate to severe eczea still disrupts my skin. despite treatment it disrupts my skin with itch. it disrupts my skin with rash.

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here is a question. should babies on planes be allowed to travel on their parents' laps? that controversy is getting new life after severe turbulence events in the skies with big financial ramifications. miguel almaguer has more. >> reporter: the recent flights involving severe turbulence which have turned every day items in to projectiles underscores the need for passengers to be buckled in their seats. but the association of flight attendants is again calling for that to include children, even though under two who can fly for free if they are seat order -- seated on their parents' laps. >> a child not properly restrained today on any one of those flights, that child will be flung to the ceiling, potentially hit their head, likely going to be hurt or killed. >> reporter: and citing flights that have crashed leaving infants injured or dead, the

union says the evidence is clear, children under two in faa approved car seats and buc buckled in are safer than in the arms of a parent. ntsb says safest place for a child under two is in a car seat or restraint device. this parent agrees. >> safety is of top importance always for us. we wanted to make sure that she would be all good. >> reporter: and the airline industry says safety is always the top priority. we support and follow the federal government's guidelines regarding safety seats for children. one concern for some parents, cost. families on tight budgets could pay hundreds if not thousands more in airfares in the wake of turbulent flights, lawmakers face pressure to act. miguel almaguer, nbc news. a lot to cover in our second hour. let's get right to it.