will actually see increased productivity and retention rates pointing to trials worldwide. back to you. >> emilie ikeda, thank you. that does it for us today. don't email me. don't call me. don't text me. i'm off. off hours after this. just kidding. see you back here tomorrow, same time, same place. for now, i'm ana cabrera reporting from new york. jose diaz-balart picks up our coverage right now. good morning, 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. right now, we're keeping our eyes on the white house for president biden is expected to speak at any moment about his efforts to lower healthcare costs, specifically cutting the price of prescription drugs. so he'll be joined by vermont senator bernie sanders. we'll be monitoring this event, bring you any breaking developments as they come in. but, we begin this hour with a growing outrage over that israeli air strike in gaza that

killed seven world central kitchen aid workers. we have now learned their names. they are -- in "the new york times" op-ed, the organization's founder chef jose andres called them the best of humanity. he went on to say, quote in the worst conditions, after the worst terrorist attack in its history, it is time for the best of israel to show up. you cannot save the hostages by bombing every building and gaza. you cannot win this war by starving an entire population. president biden personally spoke with chef jose andres and released a statement condemning the strike, saying in part, quote, they were providing food to hungry civilians in the middle of a war. they were brave and selfless. their deaths are a tragedy. joining us this morning, nbc's

molly hunter, nbc's kelly o'donnell at the white house, amna nawaz. israel says they're investigating the strike. what have we learned so far? >> jose, that's right. they say they will complete a thorough investigation, but i just wanted to bring you up to date in the last hour, jose, we have learned from the egyptian red crescent that the bodies of six of those humanitarian workers for world central kitchen, the bodies have crossed into egypt, heading to cairo, including the body of 33-year-old american canadian jacob flickinger. what we have learned at nbc news about the convoy, about the actual hit, is that they were leaving a warehouse in the middle of the gaza strip. nbc news independently located and verified each of the destroyed vehicles. two armored, one soft shell, and photos show very clearly that it was three separate strikes, a missile strike, you see in pictures one car completely burned out, you see one car

totaled, along a mile and a half stretch of a coastal road. human rights watch is describing these strikes as precision. i want to share a brief excerpt from their statement. they say israel's deadly attack displays the characteristics of a precision air strike indicating that the israeli military intended to hit these vehicles. jose? >> kelly, the president issued a very forceful statement yesterday. do we expect him to say anything about it today? >> well, certainly reporters in the room will want to question the president on this and to try to draw that out. we have not been given an indication from the white house that the healthcare event that you previewed at the top of the program would include anything on this. that is a separate agenda item. but given the gravity and the scope of this and the fact that it is a pressing concern, it is possible that the president will want to address it. in his statement, and through various spokespeople, we have

been hearing that sense of outrage from president biden about this strike. and a call on israel to do more, to protect humanitarian aid workers as well as civilians. and a frustration that has been building and causing real tension between the u.s. and israel over differences about how they are conducting this war and the u.s. trying to provide counsel, advice and support in a way that would influence the netanyahu government to try to take some different steps and to do things that would protect this civilian population. while at the same time, acknowledging that the u.s. believes israel has the right to defend itself, and to wage a war against hamas. but this has put the plight and the danger and the heroism of aid workers in the spotlight, and as we know, world central kitchen has backed off of its work right now, in the wake of this tragedy. other aid workers are also

concerned about their safety. and that, of course, directly connects to the widespread hunger, even famine in gaza. so, the white house has strong words about this. what it will mean in terms of policy, practice or next steps with israel remains to be seen and something we will continue to pursue. jose? >> i mean, the death toll isn't in the thousands. the hamas-run ministry of health says it is more than 32,000 people have died. the u.n. says nearly 200 aid workers have been killed in the conflict so far. this is -- it seems as though this latest strike seems to be resonating differently. is this a turning point? >> i think that's the real question here, jose. look, the thing we heard from people again and again, we speak to is that no place is safe. the question this is now raising is can aid workers even go in and do their work safely, which typically i will tell you from the war zones and conflict zones i covered in the past has been

the case. there is a level of coordination and communication that most people may not be privy to. one of the most enlightening parts of my conversation with a man named shawn carol who runs another major aid organization in gaza is called anara, they have been delivering tens of thousands of meals a day in concert with the world central kitchen folks, was the degree to when they talk to israeli officials. regular meetings, letting them know where their cars are, where their convoys are moving, where their people are located, their coordinates. the question he had yesterday, as we wonder whether this was intentional or unintentional, does it really matter? if it was unintentional, then why is all this information being shared and why is it not making a difference? if it was intentional, that raises a whole host of separate and concerning issues. but what also struck him has been the response from the rest of the world. we have now seen outrage and demands for answers and scrutiny from three leaders on three continents, three different countries, and i think the question for him was why the

loss of life, tragic and innocent though these lives were, for these seven aid workers, seems to be different than calls for outrage or demands for answers for the loss of the more than 32,000 people, most of whom are innocent, most of whom are women and children among the thousands. he said there are questions to be asked about that as well and then there is the impact on the ground. world central kitchen suspended their operations and they were delivering 150,000 meals a day over the last six months. think about that. none of that food will now be making its way in at a time when more than a million are facing famine, nearly half the population. jose? >> world central kitchen has played such an important role throughout this crisis and i'm just thinking they were actually part of the agreement that the united states announced of building a pier right out in the gaza area. world central kitchen was part of that as well.

also joining us this morning is david ignacious, foreign affairs columnist for "the washington post" and msnbc contributor. good morning. you wrote about how the same day netanyahu said israel unintentionally hit innocent people, that's how he described it. israel is also suspected of killing a senior iranian general in syria with precision. how is that possible? >> so, i found that, jose, just haunting example of the duality of this war, and the difficulty that israel faces. the operation in damascus was one of -- from a military standpoint, exquisite precision. the commander of the iranian quds force, responsible for syria and lebanon, the boss of hezbollah and all the fighters who are in syria, was targeted along with six of his senior

aides, apparently during a discussion of strategy for gaza by weapons from two israeli f-35s. it was just precision, targeted killing of the kind that israel has conducted for many, many years. but it was done with great efficiency and intelligence. on the same day, that as i wrote we appear to have seen appalling sloppiness in lack of clarity and then ultimately the tragic targeting of this world central kitchen convoy of three vehicles, it just -- it just shows that the attention to the humanitarian side simply has not been as rigorous as the attention to the military side. and i think that mismatch is part of israel's problem in this phase of the gaza war. they need to give the humanitarian side more attention

from israel's standpoint as much as that of the palestinians in gaza. >> kelly, i'm wondering if is there a concern at the white house about this escalating after what happened in syria? >> there is definitely concern about that. so much so that the u.s. directly contacted iran, which is something that certainly david ignacious is expert on, is not a regular practice. there is not open communication between the u.s. and iran. there is great concern about escalation and there has been throughout this conflict when it began on october 7th and how volatile the region is and how actions that even may have a military purpose can also create a whole cascading set of concerns, events and put more volatility into a region that is on such a knife's edge as it stands. the white house is very concerned about this. this has all kinds of international implications for the president. political implications at home.

and obviously on the moral and humanitarian concerns, such broad spread worry about where this war is headed and the plight of innocent civilians and also protecting the israeli people who have a right to defend themselves. balancing all of those considerations, a challenge, in a time when this is certainly heated and definitely at high risk. jose? >> and, how big of a blow to iran and the regime there was this attack, the quds leader and the six aides. how big of a blow is it to the regime? >> so, these were senior commanders, they had relationships, experience, not easy to replace that, but as we saw after the united states killed the leader of the qus force, the commander of the people who was killed monday, in 2020, in a targeted killing

strike by the u.s. on soleimani in iraq, he was replaced. perhaps not by somebody as clever as he was, but the organization continued to move forward. it runs its proxies as aggressively as ever. look at the houthis in yemen, if you want evidence that it didn't derail them. so, i think that's part of the problem of these operations is that they damage senior leaders, but they don't prevent the continuation of the organization, they make it probably more dedicated than ever to its mission. just one final point, going to what kelly was saying a moment ago, everything that i've heard about the administration intelligence says the iranians do not want this war to go to their territory. why? because the regime is not popular in iran and they don't

want to open their country to fighting that could have consequences the regime can't predict. >> the president, president biden is facing some political cost to what is going on in that ongoing war between israel and hamas. senator bernie sanders has addressed some of that recently. is this something that from domestic politics perspective the president may be dealing with in a way that shows an evolution on the policy towards israel? >> i think the cost is not yet clear. there are definitely warning signs among democratic voters, younger voters in particular. we have seen that throughout this primary election season. you remember the more than 100,000 or so voters in michigan in the primary there who voted uncommitted, rather than supporting the president there. we saw that again in a number of states on super tuesday, over 260,000 people issuing similar

votes. yesterday in wisconsin, another 47,000 or so choosing that same option. and, again, mr. biden is winning michigan and wisconsin and by large majorities, but these are states where, you know, he won by very narrow margins in the last election. clearly a worry and a concern for the re-election campaign. the white house has been reaching out to a number of members of these communities and arab and muslim communities to try to better understand their concerns, and help them understand the policy and we also know privately and publicly they have been asking israel to do more, to protect civilian loss of life. jose? >> molly hunter, kelly o'donnell, amna nawaz and david ignacious, thank you. we're back with breaking news overnight, a magnitude 7.4 earthquake rocks taiwan. several people lost their lives. others, hundreds are trapped. we got the latest on the search for survivors next. back at home, we're tracking dangerous and destructive storms spawning tornadoes and flooding.

we'll tell you where they're heading next. and the biden campaign thinks florida is, quote, winnable this election year. i spoke with voters here in south florida about what they think. >> to biden, you could lose this election. you need to listen to your constituents. housing, student loans, your foreign policies, you need to get aligned with what is happening with what americans are saying. [ metal groans] sure, i can hold. ♪ liberty liberty liberty liberty ♪ in theaters now. you know that feeling of having to re-wash dishes that didn't get clean? i don't. platinum plus is cascade's best clean ever. with double the dawn and double the scrubbers, it removes the toughest grease and residue for an irresistible clean and shine. cascade platinum plus. dare to dish differently. (bobby) my store and my design business? caswe're exploding.us. but my old internet, was not letting me run the show. so, we switched to verizon business internet. they have business grade internet, nationwide.

(vo) make the switch. it's your business. it's your verizon. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. we're following breaking news at this hour. rescue efforts are happening in taiwan after a 7.4 magnitude earthquake struck overnight. take a look at the moment the quake hits. they're different shots we have. that's from a pool. this man was swimming in a hotel's rooftop pool when, look what happened there, this water just swaying. the quake triggered a landslide. it crashed na a neighborhood,

leaving behind huge clouds of dirt. the quake causing widespread damage in the coastal city. buildings reduced to rubble. it is the most powerful earthquake to hit taiwan in 25 years. it leaves nine people confirmed dead, more than 900 are injured according to officials there. nbc's meagan fitzgerald is with us. what is the latest today? >> we're talking about some horrifying moments this morning for people in taiwan. survivors are recounting their experience of everything shaking around them, items falling, buildings and bridges swaying. we're seeing in that terrifying video that you showed, these buildings, partially collapsed, and just leaning to the side. but this is what we're seeing and hearing from people who managed to walk away. we are getting some new numbers in as you mentioned. at least nine people have died. but we're now learning that 946 people are injured and keep in mind more than 152 people are

still trapped. taiwan's national fire agency also says 71 people are trapped in two mines. so the concern here is that the death toll will likely rise. search and rescue crews are digging through the rubble, trying to find survivors. as you mentioned, this is the largest earthquake to strike in 25 years. but it is important to note that this is also an earthquake prone region. they say taiwan's readiness is quite advanced. they have extra building code s in place. this country is as prepared as they can be. >> meagan fitzgerald, thank you so very much. we'll keep an eye on what is happening in taiwan. just a really intense earthquake there. thanks. severe storms meanwhile are tearing across the southeast and the florida panhandle, putting 134 million people under weather alerts. in the last day, 12 tornadoes have been reported across six states. kentucky issuing a state of emergency after tornadoes

devastated neighborhoods there, ripping through homes and knocking down trees and power lines. take a look at this, in indiana, wind gusts were strong enough to shatter this car's window. in missouri, emergency crews needed a raft to rescue a trapped driver as floodwaters left vehicles submerged for hours. nbc's maggie vespa joins us from kentucky where a twister hit. how bad is the damage there? >> reporter: it is pretty bad. look at this house behind me. this is one giant metaphor for the power of this storm. and, by the way, neighbors say they believe the twister came right down this street yesterday afternoon. you can see it tore a huge chunk of the corner of that house just clean off. you can see into the room that is above the garage, which is really bizarre. and we'll pan over to the right here as i turn my back to the camera, the white house down there, a lot of its roof torn after as well. we have crews in the foreground, cleanup crews and camera crews,

one of the hardest hit regions. we have roofers on that house at the end and come up to the foreground, you can see the kind of debris they have to clean up. this from what we can tell is the part of the house that was torn off of that first one that i pointed out to you, it was thrown across the street and it landed in the front yard of their neighbors across the street. that's what's bizarre about tornadoes, a lot of people here pointing out if you're on this side of the street, you're fine, if you're on this side of the street, your house is to some degree torn to shreds. thankfully no one on this street was actually injured at all. that includes a few kids who i'm told were in the upper level of the house, just across the street here, to my right. their mom got them out just in time, because she said she heard the kind of sheer wind noise coming down the street, she said the rain turned sideways and one neighborhood said out his window it was pure white. that's how strong this was. it was over quickly. but it was just incredibly

powerful. as you talked about, 12 twisters across the country, states of emergency declared in kentucky and west virginia, we are seeing reports of minor injuries, but thankfully no severe injuries and no deaths as this severe system, jose, continues as we said to barrel east. >> maggie vespa, thank you so very much. still ahead, former president trump is slated to go on trial in his hush money case in just 12 days. now he's making another effort to get that judge removed from the case. plus, i sat down with a diverse group of voters here in miami-dade county to get their thoughts on the most important issues they face in this election. here's one of them. >> i would like to see the candidates and whoever gets in office november to at least address affordability in housing. because i'm not really seeing that right now. because i'm not really seeing that right now

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25 past the hour. the biden campaign says it sees florida as, quote, winnable, in the november election. and one of the critical counties at stake is right here in miami-dade. it was once considered democratic stronghold, but voters have become more republican every election. i recently got the opportunity to speak with some voters at the historic ball and chain in the heart of little havana. and they told us what issues matter most to them for the november election. take a listen. south florida represents so much to so many. it is in many ways a representation of the melting

pot of america. we spoke with four south florida voters with many different strong opinions, but united in civility. sandra dennis, a life long democrat, helped workers and tenants in miami. her parents are immigrants from haiti. >> i'm a democrat through and through. >> reporter: isa rodriguez, the daughter of cuban exiles, used to be a democrat, she switched to the republican party in 2020, and now supports donald trump. >> i would like to say i didn't leave the democrat party. i feel like the democrat party left me. >> reporter: this man used to be a republican and then switched to democrat. his parents emigrated from mexico. >> i'm a centralist but i'm more democrat. >> reporter: and kelly thomas comes from a military family. she was registered as a democrat, but then switched to no party affiliation. >> i have some progressive values, i have some conservative values. >> reporter: are you enthusiastic for november? >> i'm enthusiastic, but i can get enthusiastic. give us the solutions. we want to get excited about

that. >> reporter: are you enthusiastic about november? >> i am. we have seen president biden shift, trump is a little bit more set in his ways and i think that's very unfortunate. >> reporter: do you think that either one of them could change substantially enough for you to be enthusiastic about one or the other? >> no. but as a voter, i have a duty and responsibility to vote. >> reporter: so are you excited about november? >> i'm very excited about november. i'm excited about the potential of four years, four additional years under donald trump. >> reporter: they all feel the economy is among their two top issues that inform how they will vote in november. >> me, personally, having to move back in with my parents instead of moving forward and being an independent adult, i would like to see the candidates and whoever gets in office to november to at least address affordability in housing. i'm not seeing that right now. >> reporter: what are the issues you think most matter to you?

>> what matters to me as a millennial is climate, economy that lo allows for me to have a savings, allows me to think about retirement. >> we're seeing the death of the middle class and you're either existing in poverty, and trying to get by, or you got bountiful resources where you're not affected by this, but the saddest part is that america was built on the middle class and we're slowly losing that. >> reporter: when it comes to immigration, the voters disagree over border policies and also have different views about the nearly 8 million migrants who have come to the u.s. since 2021. >> the housing crisis is not a result of the 8 million folks. everywhere we look in miami, there are developments going up. they're building for everyone else, except for working class people. the question for me when it relies on immigration is that let's not blame immigrants for the issues that we have not dealt with our people. >> we need to not use

immigration as just a platform point to enrage voters or point fingers at the other party. >> i see immigration as opportunity and in most cases, but i understand that, you know, you can't allow everybody in because there is a process. everybody says -- get in line, you know, because there has been people that are waiting, but for those people, there isn't a line sometimes. i'm not a big fan of the wall, what is the wall really going to do? some people come with expired visas? >> i have different views when it comes to the border. i think the southern border needs to be closed. i think it is unsafe for our country. i would love to believe the idea that everybody that is crossing the southern border is doing so in search of the american dream, but that's not true. i do agree with the wall. i think it makes sense. i think you lock your doors at night to make your house safe. i think we need some kind of measure to keep our border safe as well. >> reporter: with seven months until the november election, i wanted to know what they would

tell both president biden and former president donald trump. >> trump is a nonstarter for me. to biden, you could lose this election. you need to listen to your constituents, housing, student loans, your foreign policies, you need to get aligned with what is happening -- what americans are saying. and he needs to rise to the occasion. >> i would tell biden and trump the same thing, americans need to come first. and, you know, as a trump supporter, i feel like trump already does that. i do think he needs to talk about other issues. one we haven't touched on is student loans. that's a huge issue and something that republicans never talk about and i would love to see donald trump talking about student loans and the housing crisis. >> one thing i would tell trump is don't demonize people who are here, you know. especially immigrants, because it is not -- we are a land of immigrants to be honest with you. biden, i mean, you know, i'm not too happy with everything that has been going on.

but he is righting the ship as best he can. he has to try to get both parties to find a common ground. >> i would tell both the candidates to be real, to be transparent, to make me want to vote for you and not against the other guy. >> i want to thank those extraordinary people that i had a chance to spend part of the afternoon with. i want to bring in former florida democratic congresswoman donna shalala, served under president clinton, former president of the university of miami. tim miller, former communications director for jeb bush's campaign, writer at large at the "bulwark" and msnbc political analyst. donna, listening to that conversation of these four extraordinary people, it is almost as though it is really a representative slice of south florida, and both you and certainly tim know little havana well, you represented that community in congress. what did you get -- take away from their conversations, donna? >> that it is the economy,

stupid. that people are really concerned about the economy. you know, you didn't bring up abortion or amendment 4 that is going to be on the ballot and i'm glad you didn't because my hope is that we can pass it with the votes from -- from women and from men, whether or not they're affiliated with the republican or the democratic party or they're independent. >> yeah. i mean, tim, we didn't bring up what the conversation started as is what are the issues that care -- that you care the most about? and certainly abortion is an issue, very, very dear to many people, and having an impact on how they vote, what did you get out of that conversation, tim? >> well, personally, jose, invite me back to little havana. i miss it. it has been too long since i've been back in miami.

but my main takeaway from that was that joe biden needs to be able to create a contrast with those voters, maybe not the one that was for donald trump, but the rest of the voters that he actually cares about their concerns, cost of living, inflation, school, college, and donald trump doesn't care about them. donald trump cares about himself. donald trump cares about his conspiracies about the 2020 election, and that message seems like it is breaking through a little bit. that's the big frame for joe biden this year and that's how he can improve on numbers in miami-dade, where he lost a lot of ground in 2020, but there is certainly going to be some folks that are maga there that have decided they're all in for donald trump because they're america first. but for the rest of these swing voters, they need to know that joe biden is trying to address the concerns, maybe not perfect like that last -- or second to last guy, the hispanic man said, you know, he's trying.

he's making incremental change to try to improve and address these issues. donald trump is running to stay out of jail. that's the contrast for joe biden. >> go ahead, donna. >> jose, i was struck by the fact that a couple of them mentioned student loans, which joe biden is trying desperately to address without a lot of help out of the house of representatives. and he's got to make that point over and over again, but it was very clear, these are bread and butter issues and i can't think of anyone better than joe biden who understands the working class people and i think he will appeal to the people in miami-dade in particular. florida is a bigger lift, but contrast was someone trying to keep themselves out of jail and demonizing immigrants. his comments yesterday were outrageous. >> i mean, let's talk about that, the gentleman that was

part of our conversation, he mentioned specifically that trump shouldn't demonize people, shouldn't demonize immigrants and as donna, you're saying, just last night, trump, once again, used this dehumanizing language about migrants, that the president was creating a border bloodbath. how is that having an impact or is it, do you think, tim, having an impact on the people that aren't already determined to vote for trump one way or another? >> yeah, so, i think that there is one thing that is clear to me. i think a lot of times democrats look at this and say, that language is really going to hurt with hispanic voters and black voters. you see in those focus groups, they're a monolith, they have various interests and various concerns. i think the one place it clearly has hurt donald trump is with the suburban voters where he's bleeding. suburban voters of all races, college educated, voters with

kids, they don't like it, the way he is as a role model, his bad character, his bigotry, that has really hurt donald trump and is going to continue to cause him to bleed votes among college educated suburban voters. that's not his problem in florida. how do you get to the more working class voters where democrats used to be strong and have lost some altitude, and i think that clearly his dehumanizing language doesn't help with that vote, but that's not going to be enough, that's not determined. we heard in the focus group that people are going to need more substantive contrast from joe biden on economic issues and abortion and other issues as well. >> on the abortion issue, the biden campaign says they think that florida may be winnable because among other things of the state's abortion ballot measure this november. what do you see as that having a role in the decision one way or another out of florida? >> i would say two things, number one, it is not only abortions going to be on the ballot, and by the way, it is a very carefully worded ballot amendment.

it retains, for instance, the legislative language on notification of parents or guardians for minors. it starts by saying that there really should not be any government interference in a woman's right for her whole -- for her own healthcare. so, i think that it will attract more voters from both parties and independents. but also, marijuana is going to be on the ballot. that may turn out younger voters. but, still, joe biden needs to make his case as clearly as he possibly can about improving the economy, about providing opportunity, about dealing with student loans, so that people see the kind of kitchen table issues as things that he cares about and he's trying to do something about. so, i think it helps. but all of us, who are leading those efforts, the efforts in

particular for a woman's reproductive health want to make sure that we have a broad appeal to voters in florida. and, of course, you know, five of the women's health centers of the 12 women's health centers in miami-dade county are in hialeah. that tells you something about the broad-based support for this particular issue. apparently donald trump's going to say something about abortion next week. we see it as a women's health issue that is much broader. >> donna shalala and tim miller, thank you very much. let's meet up again soon in little havana together. i think it is a good plan. >> okay. but let's go to hialeah too. >> hialeah, absolutely. thank you. up next, how special counsel jack smith's team is pushing back against the judge in the classified documents case after she made an unusual request.

plus an oklahoma city councilor with ties to white nationalism faced a vote to remove him last night. we'll tell you what the voters just decided. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc.

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43 past the hour. now to the latest developments in the legal drama surrounding former president donald trump. moments ago, the manhattan district attorney's office urged the judge in the new york hush money case to reject trump's latest attempt to delay the trial. with us now is msnbc legal correspondent lisa rubin. good morning. what did the manhattan d.a.'s office say in this filing? >> so, jose, trump is trying to delay the april 15th beginning of this trial by noting that there has been abundant pretrial publicity surrounding his case and therefore it would be unfair to start the trial on april 15th at least until some of this

publicity dissipates. what the manhattan d.a.'s office is saying this morning, it is the former president's own incessant rhetoric that is leading to the pretrial publicity. it would be perverse to reward him for talking as often as he is and making the trial as much a focus of public attention as it is. that, of course, also comes as some of the rhetoric is about judge merchan's own daughter, and her role in a digital strategy firm that works with democratic candidates including the biden/harris campaign. it is on that basis that trump's lawyers also have told judge merchan on monday that they would like to make a second motion for his disqualification, recusal motion, to have another judge preside over the case. many people, me included, see that as yet another delay attempt as well. >> and, lisa, meanwhile there is a battle between donald trump and the co-founders of his truth social social media platform. what is going on there? >> so, the two co-founders, they

had a dispute with donald trump about the merger into truth social -- sorry, trump media, which merged and became a public company. they say that basically they were given and incorrect amount of shares in the newly public company. they sued trump about that in late february. there are some shares now being held in escrow as they litigate that case. trump countersued by filing his own suit in florida against those two, saying he should no longer have to honor services contract with them, and that they breached their fiduciary duty to shareholders by being in cahoots with the former ceo of the former company digital world acquisition corp. we'll see what happens there. >> yeah. and meanwhile, another issue i want to ask you about, the classified documents case here in florida. late last night, special counsel jack smith's team filed a response to the judge cannon's request for jury instructions, it was unusual and pointed.

what did it have to say? >> they have said to judge cannon that her request for model jury instructions from each side having to do with the presidential records act is improper because the presidential records act has no role in the litigation of a case about the espionage act. that is the basis for 32 charges against the former president, saying that he unlawfully and willfully without authorization held on to classified or national defense documents. the lawyer says that's justified because under that presidential records act, he alone can decide what is personal and what is presidential. the special counsel's office is saying, no, those two things don't have anything to do with one another, but even if they did, there is no factual basis on which she can conclude that he designated those documents as personal and therefore there shouldn't be any jury instructions at the all. >> lisa rubin, you always clarify so many things in such an understandable way. >> i try, my friend. >> good seeing you. >> good seeing you too.

>> you succeed. thanks. up next, the results of the effort to oust an oklahoma official with white nationalist ties. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. is he? claritin clear? yeah. fast relief of your worst allergy symptoms, like nasal congestion. live claritin clear®

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51 past the hour. an update on a story we have been following out of oklahoma. a local city council member with white nationalist ties has lost his seat. yesterday, voters voted to oust him by a nearly 20-point margin. joining us is brandy zadrozny. behind me is city hall. any a couple of weeks, cheryl patterson will take her seat. she's a republican. she's a grandmother. she's a former teacher and a

resident of eden. she's well liked. she ran on a campaign of, return to normal. that message ultimately really resounded. we heard a lot of people yesterday who just wanted this stain on their city sort of over. that's what voters voted on yesterday. it was a really interesting day. >> thank you very much. really appreciate it. up next, what just happened in a federal appeals court that's considering whether to allow a controversial texas immigration law to go into affect. you are watching "jose diaz-balart reports" on msnbc. i'm adding downy unstopables to my wash. now i'll be smelling fresh all day long. [sniff]

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constitutionality of sb-4 which allows state and local law enforcement to arrest anyone who crosses illegally and allowed state judges to order them be deported. the same court blocked the law from taing affect. julia ainsley is with us this morning. what came out of this morning's arguments? >> reporter: texas changed the way this law would actually work in the middle of an oral argument. essentially, the person arguing for the state of texas said that rather than deporting migrants that are arrested by state and local police, they would take those migrants, after they have served their sentence, and hand them over to custom and border agents. that's not the way they said they would adjudicate it. they said judges would decide whether someone got asylum and if they didn't, they would be taken back to mexico. mexico said they would not take

migrants. this is some way that texas is trying to walk around that. the three-judge panel asked the justice department, arguing for the federal government, they said, well, would that work? is that something that you would challenge? it got to be so hypothetical that the justice department said, there's a lot here that we think still doesn't work out legally. but this isn't what texas has put into text. they want to see exactly how this new way would work. it's pretty much an unusual time to change the way the fundamental piece of a law would work while you are arguing on its constitutionality before a three-judge panel in the circuit court. >> julia, isn't it about what's actually written, what is actually in a law that is to be considered? what's the next step? does it go back now to the state of texas? >> reporter: the judges kept continuing to ask the justice department, well, would you consider that pre-emptive?

would that be in violation of federal law? the justice department said, we would have to look at that. it does still appear to be pre-emptive. they don't want to back down. they kept referring back to the text. how this would work that migrants would go back to mexico. yes, the judges very well may want them to rework that in text. we don't know yet. >> julia ainsley, thank you very much for that clarification. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on social media @jdbalart. watch clips from our show on youtube. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," president biden says he is outraged by the israeli air strikes that killed seven world central kitchen aide workers in clearly marked vehicles who had notified the