hi, everybody. i'm in for chris jansing. the parents tried and convicted for their child's mass shooting learned their fate. the sentence just handed down for james and jennifer crumbley and the emotional statements from families who said their kids died because of their parenting decisions. also breaking from arizona. the state supreme court upholding a near total ban on abortion. how they turned the clock back to a law from 1864. and tesla settling a long running lawsuit for a fiery crash that killed an apple engineer. the deal that now avoids a trial over whether the car's autopilot was to blame. plus, repeat champions. the huskies make history with back-to-back ncaa titles. our nbc news reporters are following the very latest developments and joining us now. we want to begin in michigan with nbc's shaq brewster and the sentencing for james and jennifer crumbley. they got ten to 15 years after

some emotional victim impact statements. get us up to speed. >> reporter: some of the parents, family members we heard from in the courtroom as they were giving their victim impact statements are now saying this is what they were looking for. that this is what they were asking for from the judge. the judge sentencing those two parents, james and jennifer crumbley, to ten to 15 years behind bars and explaining that this is not because of bad parenting. in her words, this is about related acts that could have halted what she called an oncoming, run away train. she also acknowledged what she described as the lack of remorse through their trial and even in some of the statements they made as they talked to and directed their comments to the court and family members. we heard from parents, sisters of the, or from a sister of

these four students who were killed. i want you to listen to them directly and just listen to the emotion that you heard in the voices of these family members. >> i learned from her i matter because of her. from the moment she was born, i promised myself that i would be there no matter what. through the falls, heartbreak, letdowns and struggles, i would be there. i would listen, learn, and love every moment. i wouldn't miss a thing. i would always protect her. on november 30th, 2021, exactly 17 years, six months and 13 days made me break my first promise and it will hurt for eternity. as her mom, i didn't protect her. >> reporter: the common theme that you heard from those family members is that these two parents of the school shooter should have done more. that was something you heard from prosecution, not only in

court, but from the beginning of this. i remember being here back in 2021 and hearing the prosecution announce the charges and saying these parents were the only ones who knew their student was troubled. who knew he had made depictions of killing people and who knew that he had access to a gun they bought him. you hear the judge today siding with the prosecution, exceeding the state sentencing guidelines and sentencing these parents to ten to 15 years in prison. >> thank you, appreciate it. want to go to arizona and the massive ruling reviving an abortion ban from the 19th century. vaughn hillyard is reporting on this for us. break down the ruling for us and the reaction that we're getting. >> the anthony a supreme court was deliberating between two laws that were on the book. an 1864, what they're calling territorial law, which banned abortion completely in arizona,

except when a woman's life was in danger. also, would punish providers of abortions with prison time of up to two to five years. then there was a 2022 law that was signed by the republican legislature and the republican governor that created a 15-week abortion ban. the arizona supreme court has been deliberating over which law had precedent. the decision from the supreme court in the last hour was that that territorial ban is the one that will be going into effect over the next 14 days which will all be bring an end to abortion providers' ability to provide care to women in the state of arizona. now, the governor, a democrat, katie hobbs, signed an executive order last year that allowed the democratic attorney general to not prosecute individuals who are providing abortion care, yet we could expect county attorneys to try to test the attorney general's power in the state. this of course is coming at a

moment in time seven months out from the general election. the organizations that have been putting an effort on the ballot to make abortion available up to 24 weeks, a constitutional amendment in arizona, just garnered enough signatures to get that measure on the ballot this november. so there's a lot politically, but of course for the women and families across the state of arizona, there's a lot on the line now that this 1864 territorial ban is set to go on the books which bans all cases of abortion in arizona except when a woman's life is in danger. >> appreciate it. just settling a wrongful death lawsuit in a crash where the car's autopilot feature was under heavy scrutiny. want to bring in laura from cnbc on msnbc. the case was just about to head to trial but instead now the settlement. what happened here? >> that's correct. tesla chose to settle at the last minute which spares them the embarrassment of a lot of evidence and testimonies airing

in a trial that was sure to be widely watched. but in 2018, you'll remember that walter wang, an apple engineer and father of two was driving his model x out here in mountain view, california and the vehicle crashed into a highway barrier. it was a fatal collision. his family sued tesla and a lot of the case focused on defects or defective design of autopilot. also, the national transportation safety board had investigated this collision which involved new technology and they found tesla's tech was partly to blame for the crash. so tesla may have felt its chances weren't as good. this settlement was seen by many as sort of an admission that they knew they were partly to blame because in 2022, elon musk said tesla would never surrender or settle an unjust case against it. >> appreciate it.

i want to get to that historic moment in the world of college basketball. uconn huskies polishing off the purdue boilermakers to claim back-to-back ncaa titles. sam brock is following this story for us. talk us through this major moment i will say for the huskies. >> it's back-to-back titles but the question right now not just from stores but the country for fans, this is the most dominant tournament run we have ever seen in college basketball and numerically, the answer is yes. the uconn huskies have now won 12 straight games if you look at the last two years but double digits. but at least 13 points each. that had never happened but they won this year by outscoring their opponents by 123 points. 23.23 points per game. the next closest all time was north carolina in 2009. 125 points. this was the best team if you look by the numbers, ever. now we talk about what does it

mean for uconn. they've won back-to-back titles. the first time that's happened since 2006, 2007, with the university of florida then to go before that, duke university in 1991 and 1992. so really only the third time in the last several decades. they have six titles total. ucla during the john wooden era, 11. kentucky, eight, then north carolina and uconn, six each. here's what makes this so exceptional. it's the climate of college basketball right now. a, you have the one and done. players are really talented, go to college for a year and move on to the nba. also, the transfer portal. players now are empowered to be able to jump from school to school every year. in that climate, what dan hurry has done has been nothing sort of exceptional winning back-to-back titles. it's unprecedented. this team is favored by some sporting places to win next year as well. we'll see if that comes to fruition. >> already making predictions. obviously i don't have the money to put on that.

sam brock, thank you. appreciate it. coming up in just 60 seconds, political implications from that major abortion ruling in arizona and what it could bode for november. we'll be right back. t it could bode for november. we'll be right back. you know what's brilliant? boring. think about it. boring is the unsung catalyst for bold. what straps bold to a rocket and hurtles it into space? boring does. boring makes vacations happen, early retirements possible, and startups start up. because it's smart, dependable, and steady. all words you want from your bank. for nearly 160 years, pnc bank has been brilliantly boring so you can be happily fulfilled... which is pretty un-boring if you think about it. oh, yeah, man.

take it from your inner child. what you really need in life is some freakin' torque. what? the dodge hornet r/t... the totally torqued-out crossover. welcome back. just a day after donald trump said he believes abortion restrictions should be decided by the states, we got the big headline from arizona. a near total abortion ban is going to be allowed to go into affect, but much like we saw in florida, abortion advocates are on a mission to get this on the ballot in november. i want to bring in susan to talk more about this. let's talk about the implications of this. because when the florida decision came down from the florida supreme court, we knew this was going to be a ballot measure at that same moment come november. so there was this thought, especially amongst abortion rights advocates that okay, this

is coming now but we have a fight till november. right. what do you see the implications of this decision for november? >> well, it's rather similar in that we saw the six-week ban in florida and they knew they were going to have it on the ballot in florida and it was such a, from 15 weeks. it was a stark comparison. now this ruling as the advocates try and get their constitutional amendment on the ballot in arizona, they have almost a more striking thing to compare it to and more of a reason to get voters involved in signing the petition. in arizona, they will have to probably go through some legal groups to get it on the ballot. that part has not been decided yet but this is an incredible opportunity for democrats to really do an important registration rather, registration effort, because i think people will flock to this. >> when the florida decision came out, president biden seized on that moment.

and said florida is now in play because of abortion rights essentially. do you feel as if abortion could be, if not the top issue, the one, two, three issue going into november that democrats need to seize on in order to win re-election in the white house? >> absolutely. only because of these decisions haven't come down from the supreme courts of each state. they're so drastic and barbaric, frankly, in my opinion, that of course this is going to rally people just like it did two years ago. i don't see how it doesn't. >> i want to talk about this kind of back and forth that we've been hearing between decide and lindsey graham. so donald trump essentially comes out and he says well, i think abortion should be in the hands of the states. a couple of weeks ago, there was talk of him saying it should be a 15-week national abortion ban.

put this post out and said it should go state by state. lindsey graham is going for wanting a national ban in place. donald trump is saying that is a mistake. these two have either been friends or foes over the last who knows how many years. at one point on january 6th, graham said enough enough with donald trump then a couple of days later, he was golfing alongside trump. what do you make of this back and forth? >> in the issue of abortion on both sides is a deeply personal issue. it's something you really believe in. what's in stark comparison is donald trump who only looked at it through the eyes of politics. again, i'm not a pro-lifer, but i respect their feelings towards the issue. i don't agree with them, but it's based on a fundamental core belief. and to hear donald trump just throwing it around like it's a bad political term, i think it

will hurt him among some conservatives and lindsey graham should look to virginia and see how well a 15-week ban went over if he wants to look. >> i want to bring in sahil. i know you spoke with senator graham recently. what did he tell you? >> reporter: that's right. this is a highly unusual clash here between two men who as of yesterday morning were staunch allies and it speaks to this no way conundrum. now they have to figure out what to do next. there are two schools of thought here. there's the donald trump school of thought which we saw yesterday in the video which is to down play the issue, embrace the end of roe, but don't talk about a federal role because trump seems to think that scares voters and focus on it being a state issue. graham disagrees. he told me it's a mistake to abandon the pro-life movement.

he said it's an error to think the dobbs ruling kicks it to states and that he won't be deterred in pushing his 15-week ban. he also disagreed with trump on the politics. i asked him does he think trump is wrong on the politics and graham told me he supports trump. he feels comfortable telling anybody what he believes and he still believes republicans should try to go on offense here, then lead the rest to states, that that should be the minimum threshold. back in 2018, graham was the author of what was then a 20-week abortion ban that came up for a vote in the senate. nearly every republican supported it. the president was trump. finally the other thing graham told me was that he remains hopeful that donald trump, if he returns to the white house, would sign a federal abortion

restriction if a republican congress sent it to him. remember, nowhere in any of trump's statements in the last 48 hours has he ruled out signing a federal abortion ban. so that contrast remains clear. biden said he would veto any such bill and said he would try to pass a federal, a bill that would codify the protections of roe v. wade. >> thank you. appreciate it. as we were talking, we got this statement in from president biden when it came to the decision out of arizona and i want to read it. really seizing on this moment that's happening and recognizing it seems the opportunity democrats have in an election year. he says millions of arizonans will soon live under a more extreme and dangerous abortion ban which fails to protect women even when their health is at risk or in tragic cases of rape or incest. this cruel ban was first enacted in 1864, more than 150 years ago, before arizona was even a state and well before women secured the right to vote.

this ruling is the result of the extreme agenda of republican elected officials who are committed to ripping away womens' freedoms. we stand with the vast majority of americans who support a womans right to choose and we'll continue to fight for reproductive rights and call on congress to restore the law for women in every state. this is a moment as you said for democrats to seize going into november. >> yeah. during the florida ruling, biden did do that. immediately, he had a statement out, an ad out. now he has another ad out involving a woman named amanda who was very ill, couldn't get an abortion in her state. and she told her story. these stories of women whose life, health, ability to have children in the future, when they tell their story like governor bashir, a woman who was raped when she was younger by a

stepfather and told her story during the gubernatorial race last year. >> it resonates. the ad that president biden put out yesterday was incredible striking thank you. still ahead, jack smith asking the supreme court to reject trump's immunity plan, plus, the unusual brief warning democracy itself is at stake. e democracy itself is sattake (vo) welcome to lobsterfest. is your party ready? ready to tango with tails on tails on tails? try lobster lover's dream while you can. it's one of ten next-level lobster creations. lobsterfest is ending soon, so hurry in. >> tech: cracked windshield? schedule with safelite, and we'll come to you to fix it. >> tech vo: this customer was enjoying her morning walk. we texted her when we were on our way. and she could track us and see exactly when we'd arrive. >> woman: i have a few more minutes. let's go! >> tech vo: we came to her with service that fit her schedule. >> woman: you must be pascal. >> tech: nice to meet you. >> tech vo: we got right to work, with a replacement she could trust. we come to you for free!

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jack smith is urging the supreme court to reject former president trump's assertion that he should have absolute immunity in his d.c. case. in a new filing, smith insisting the framers of the constitution never intended for presidents to have a get out of jail free card. also the idea that unless a statute expressley named a precedent, it doesn't apply to them. smith writes this, that radical suggestion that would free the president from virtually all federal la is unfounded. i want to bring in jonathan lemire and danny is a criminal defense attorney and msnbc legal analyst. danny, if you'll start things off for us because you have 66 pages essentially in this filing. in which jack smith says that donald trump is not above the

law and he should be prosecuted for the crimes which he is alleged in this indictment. what was your kind of take away from that filing? >> that jack smith has a main argument but also has a fallback argument which i think is probably the more effective one. basically, smith argues there is no absolute immunity. i think the word absolute is key. he's saying essentially that what trump argues, that trumps are always in every instance immune for things done while president is not true. but he adds, and this is part two. even if there is some degree of immunity, which by the way, i don't think jack smith disputes, he's smart not to raise that here. even if there is immunity, it doesn't apply under these facts. it's that second argument that i think is probably going to end up being the most effective. it's a fallback argument. so that even if the court determines well, there is not

absolute always immunity, but there is some degree of presidential immunity. then you go to jack smith's second argument which is yes, even if there is, it's just not these facts. there's a third, which is addressing that whole impeachment acquittal therefore double jeopardy argument which at this point is just getting lugged around like a deadweight. and i wonder if the defendants even wish they still had this argument because it's basically silly. >> i'm glad you brought that moment up. we have a paraphrased area he wrote about that. i want to read it. even assuming that a former president is entitled to some immunity for official acts, that immunity should not be held to bar this prosecution. you feel, danny, from what i'm hearing from you, that this argument smith is making in this filing is what may resonate with the supreme court justice when hearing this. >> yes. and i think the one thing that the filing really, really does well is avoid the issue of having to admit that yeah, there

has to be some presidential immunity in some circumstances. i give a simple example. presidents who have been involved in military actions, war, something like that. arguably, it would just take one county prosecutor to say hey, someone from our town died from that war. i'm going to prosecute this president. i think smith would say well, that might be an instance where immunity applies. he just goes to trump's argument which is i'm always immune for everything that a president does while in office. that is an easy argument to attack. but even if the court says well, there are some circumstances where immunity has to attach. maybe my example is silly, but if so, you go to the fallback argument saying hey, even if there's immunity, it's not immunity under these facts because as he points out, there are different levels at which a president's power is at its peak then what is called its lowest ebb.

and it depends on the conduct the president is engaging it. >> it's as if you prepared for this segment because you brought me to my next point. jonathan, i want to bring you into the conversation. that is in what way immunity applies to what acts. and i want to go back to a moment in which donald trump in a rally in january talks about immunity and what presidents should be immune from and he specifically cites an act of war. let's listen. >> this isn't just me. this is all president. they have to be given immunity otherwise they're going to be unable to act. anything they do, if it goes wrong, even if it goes right. the opposing party, and you see that now where you have these people, they're crazy. the opposing party will indict them for anything they do. take a look at harry truman. he wouldn't have done, if you think hiroshima, not a nice act,

but it did end the second world war, probably. nagasaki, he said i don't want to do that because my opponents will indict me. you have to give a president full and total immunity. >> one does not equal the other. >> no question. and this is to danny's point. there are official acts that a president partakes in. the act of war. whether it be something like dropping atomic bomb or a drone strike or whatever it might be. where yes, someone could argue that president would need immunity. what donald trump is being accused of doing, first of all, not necessarily official business. this is a campaign, not as president. but also clearly this is not to further any sort of national security issue. this is someone who is just trying to keep in power himself. these are very, very different things and it's a grasping at

straws for trump. more than anything, whether or not his lawyers believe it or trump believes it as a good faith argument. what it really is is a stall tactic and add to that point, it's worked because it has gone to the supreme court. supreme court is going to hear oral arguments in a few weeks. and it jeopardizes whether or not this trial can happen before the election. >> last year talking about this or a couple of months, we thought this was the one that was going to go to trial and in fact, it's not. and may likely not even go to trial before the election. jonathan, we have a group of retired military leaders following this amicus brief in support of jack smith on monday. these are four star generals and admirals and former defense officials as well saying if trump's immunity claims are upheld, it would be a threat to democracy and the military chain of command. former army secretary cardera spoke with jen psaki.

>> a president who is intent on violating the law because he's not subject to criminal prosecution would put the military officers and soldiers, the troops, in a position to do things that are unlawful for which they could be prosecuted. the only way that civilian and military leadership works together is if there's fundamental trust between the civilian and military leaders but if you have a president who's intent to use the military for unlawful purposes, you've destroyed that unity that exists. >> what do you make of this move, jonathan, from military leadership? we certainly know though that obviously the supreme court, during its hearing of oral arguments, would not necessarily take that into account. this is more of a public plea in a way. >> yeah, that's right. first of all, from our previous conversation, these are people who certainly know an official act. there are moments where a president would need immunity, in conduct of war. these are officers who would be

carrying out those orders. t but really, it's far more important than that. they're suggesting if a president had total immunity, he or she could behave with such reckless abandonment. that would jeopardize democracy and the american experiment. we have heard now from a number of decorated generals and admirals, from a number of retired secretaries of defense, retired pentagon leaders. from members of trump's own cabinet. really respected, prestigious men and women, and many of whom served closely with trump and watched him day in and day out who say this man is unfit for office. this man not only should be in this case potentially prosecutor or stand to face charges, but someone who would not be worthy of holding the presidency again. and that does add up when you start hearing all of these people who know him best who argue he's a clear and present danger to national security. the question is will the voters

hear it. breaking news, the white house just announcing vice president kamala harris will head to arizona friday for an event on reproductive rights after the state supreme court upheld a near total abortion ban. kelly o'donnell is reporting from washington, d.c. the biden administration waiting no time, i should say wasting no time in reacting to this decision. give us the latest. >> reporter: it certainly is a demonstration of how this is a primary focus for the administration. both through the official work of the administration and also as a part of the campaign for re-election. so the vice president has taken a very prominent role as a face of the administration's response on issues about reproductive health, access to abortion, and the related medical areas that are tied up in the fallout of the overturning of roe v. wade. so this announcement comes right after the news from the arizona supreme court which goes back to

putting in effect a law that was first put on its state books when abraham lincoln was living in the building behind me. the white house says it's the kind of law, around two dozen of those state by state who have what this white house calls extreme positions on access to abortion. of course, state by state is part of what the supreme court went in the dobbs decision, wanted it to go back to the states. this is an example of that. the biden administration is committed, they say, to try to restore those rights and they believe there is large public support for that. and so the vice president going is a part of an ongoing outreach that she has done. she was in phoenix, arizona not long ago. she will be in tucson on the 12th. and this is a part of trying to drive attention in key states. obviously this is action happening with respect to arizona but arizona is also one

of the battleground states. wanting the administration to keep voters, especially those that are in their base, to be thinking about these issues and the biden campaign believes we have seen examples in past elections, midterm and that kind of thing, off year elections, where when states have had an opportunity to vote related to abortion rights, that that drives voters' participation. so it's all a part of a policy view and a political one and this is another example of how the administration's trying to act quickly in realtime events. >> thank you. coming up, election workers leaving their jobs in droves after facing threats and harassment. the new research and the risks for november's high stakes presidential contest. for november's high stakes presidential contest type 2 diabetes? discover the ozempic® tri-zone. ♪ ♪ i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it.

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we are back with an nbc news exclusive. election officials across this country leaving their jobs at the highest rate in decades. at least 36% of local election offices have changed hands since 2020 following a similar exodus in the run up to the midterms in 2022. it's raising fears for november to fill jobs that come at a very steep learning curve and no margin for error. want to bring in john kasich and here in studio, jane tim as well, who broke the story. jane, walk us through this

turnover. why it's so concerning and why it's happening. >> yeah. you know, turnover with election officials, high turnover particularly, not a good thing. these jobs are often low paying. they're very complex. and rely on a lot of institutional knowledge. being a director is not what you study in under grad. this is something you learn on the job an need to have your colleagues to gt it well. i've seen firsthand how staff exoduses can make it hard to get the results right, which is so critical in the political environment. i spoke with a former elections chief in charleston, south carolina and asked him what he thought about this turnover. he left in 2020. said he couldn't take it. >> you just, it hurts you deeply because you feel like i know that our staff have worked super hard. they've spent a ton of time away from their families and all they

want to do at the end of the day is just make sure that whomever wins they know it's been accurate, we've gone over it multiple times to make sure that all the results are accurate. that we have certain protocols in place to make sure there's nothing missing, that everything has been accounted. >> in this political environment where even routine administration is, can be misconstrued as a sign of fraud and election officials face more scrutiny than ever before, new people in these jobs, it's going to be tough for them. >> governor, i want to bring you into the conversation because some people have become household names. election workers. gabe sterling. shaye moss, ruby freeman. just to name a few. and the experience these folks need to work an election, many have worked election after election. talk to me about the uphill battle that we face in getting folks that are trustworthy and

experienced enough. >> i think part of the problem is there's a fear factor with these poll workers. i tried to talk to two young ladies in the gym today about would you be a poll worker. they're like, no way, or i said hey, wait a minute here, you know, this is about our country. they're like, you know, i don't want the put up with that. people can be mean. i think with the, a number of charges and convictions are going to settle this down where people aren't going to feel threatened. we can't have a situation where nobody wants to be in a polling place, right? and these are folks that are just trying to do their civic duty. they spend you know, a whole day doing that. i have a friend who's one of these election officials and he told me that they are worki around the clock every year to try to make sure that they can have the type of people that they need, that they can be trained. that they can be satisfied with them and so he says one of the problems is people read about

all these threats then that spooks them. he said they don't have as many threats as what we read about so i think it's a bunch of different things but the ability to tell people you don't mess with these folks. you're violating the law and what can come with it, the punishment is strong medicine that might start to settle this down. >> i got to love, governor, how you're on the elliptical and doing your polling before coming on msnbc. >> look, this is, this is important and i've got these two ladies and they love their country, but like one of them is really interested in ukraine and i'm like, wait a minute. i'm for ukraine, too. i know we have to be there, but what about america? can you do this? she's like, i don't want to do that. i bet i could talk them into it if i badger them enough. >> she's like i just came for a quick workout. who is signing up to do this? >> we are seeing the next generation of election administrators stepping up. you're seeing younger people take these jobs and they believe

passionate about about protecting their community. i talked to tate falls. she told me she had one day, somebody really angry at her, yelled, crumpled up a ballot then 15 minls later, met a woman in tears, first time voting. >> people are always saying we don't like all the polarization and division. what can i do about it? one of the things you can do about it is make sure that these poll workers, election officials, are appreciated. because they are doing a good job. they are patriotic. they are trying to serve the country. for those that know somebody that does this, give them a big thank you. >> and they've got to serve all day long with a lot of different personalities. jane, thank you. governor, thank you as well. get back to the gym, sir, tomorrow morning. the battle over the taped

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footage showing the moment a 68-year-old woman was robbed in queens on her way to church. we want to warn you, this video is very disturbing. it shows the woman about to enter sunday mass when a man rushes towards her, pushing her down the steps. then while she's motionless, he proceeded to rifle through her pockets then take her bag and even her car. the pastor telling our nbc affiliate that after being taken to the hospital by fellow churchgoers, the woman is thankfully in stable condition. that brings us to an nbc news exclusive. the city's top cop says those fears, they don't reflect reality. and tom is joining us now with

more on this. you got into a pretty intense conversation with the commissioner. talking through all of this stuff and some of the stats we've been seeing in new york city as of late. what more did he tell you? >> i am so impressed that your producers found that video and used that because this is one of the things that really angers the commissioner, right? not only the brutality of that crime, and we can't let that escape us. you have a 68-year-old woman being push off the top steps of her church just to be robbed? that's sick. you have that crime which really gets him angry, but now the video's going to be viral. he's talking about perception versus real. in a lot of ways, crime is coming down slowly, but it is coming down in new york city. felony assaults, rapes, they're still up but a lot of other ones, overall crime is down. aboveground, down in the city and above the subway, but he says at times, criminals have the upperd. why? because with bail reform, they're arresting people. here's what he told me.

>> new york city went from clean and safe to dirty and dangerous. what happened in new york city? >> january 2022. new york city was up in crime over 48%. up in violence. just making more felony arrests and slowly by slowly, the violence began to come down. we see we're locking up the same people over and over again. the judges let them walk on the streets again. it's a broken system. >> people who support bail reform will tell you that it is needed because poor people were suffering more than others. they were going to jail. they didn't have the money to come out. but it seems like the governor of new york has seen enough and she's a democrat. she's now saying she's going to give more power to the judges so they can keep people who are violent offenders, keep them in jail so they're not back out on the streets and new york city has been dealing with this

problem for a couple of years and recently, they had one of their officers killed in the line of duty by people who were career criminals and the will of that officer calling out the police dmt and everyone who works in criminal justice reform saying can we not do enough to protect our officers. >> i see more of a crackdown, especially on the subways, there's more police precedence. >> the governor put 450 national guard troops. he said he was happy they got the help and crime is coming down, but it's the perception. that's what he says his goal is. he wants people to be safe, but feel safe. >> thank you. you can watch more of tom's interview tonight on nbc's nightly news at 6:30 and on nbc news now's top story at 7:00 p.m. we'll be right back. story at 70 p.m. we'll be right back. fted or exe, bladder leaks were holding me back from doing the things i loved. until, i found a bladder specialist that offered me bulkamid - a life-changing and fda approved non-drug solution

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welcome back. the justice department is

blasting a gop effort to hold merrick garland in contempt. the issue, audio tapes of joe biden's interview with robert hur. the committee wanting them by yesterday but the doj refused saying they've already turned over plenty of evidence. ali vitali reporting on this. where do we go from here? >> reporter: let's see how badly they want these records but on the part of the doj, they're saying hey, we gave you the transcript, we don't want to give you the audio because we think it might make it harder for future prosecutors to get the level of cooperation that we got here. of course, we heard testimony from robert hur there who you see on the screen. the transcript was heavily spoken about during the hearing. i'll read a letter to the house judiciary committee explaining why they're not going to give this audio. they say the department notes the contrast between the committee's escalatory threats of contempt over audio files and

the committee's seemingly low need for them. they say they've already received accommodation of transcripts and that again, the fear is that prosecutors wouldn't be able to get the same level of cooperation as they were able to get here if they were to go about releasing these files. now, they mentioned that lingering threat of contempt for the sitting attorney general. that's one of the threats we're following here in congress and of course the other piece of this, too, is the fact there are news organizations including ours who are pushing for the release of that audio because we think it's in the public interest to hear it and of course after seeing the transcripts, we think it might be a nice way to get further insight into what was done. >> about 30 second, how are dems reacting to this? >> reporter: you've got to imagine it's going to fall along party lines. they are coming back to town today so just in a few hours, we'll be able to ask them the burning questions we've sat on the last two weeks.

the fact that judiciary committee might add this is just another on that long, long list. >>long, long, long list. ali vitali. isn't it always. thanks, good to talk to you. that does it for us. make sure to join chris every single day weekday from 1:00 to 3:00 eastern. our coverage continues right now with katy tur reports. r reports. good to be with you. we have breaking news out of arizona. a law from the civil war era is back on the books. outlawing all abortions exception to save a woman's life. anyone who violates the law or helps a woman get an abortion could face two to five years in prison. the rules from the state supreme court now puts abortion front and center for november. in one of the most consequential states not just for who wins the white house, but who