tv Jose Diaz- Balart Reports MSNBC September 16, 2022 7:00am-8:00am PDT
>> what they did was, they wanted to, quote, own the libs and use little children to try to do that. the end, they just made the good people that opened their churches and their community centers, the good samaritans that they are. >> that does it for us this morning. on monday we'll be reporting live, covering the queen's funeral, we'll start at 5:00 a.m. eastern for all of the live events there. jose diaz-balart picks up the coverage right now. good morning, 10:00 a.m. eastern, 7:00 a.m. pacific. i'm jose diaz-balart. the justice department is expected to appeal after a judge rejected its request to resume using classified documents seized at mar-a-lago in its criminal investigation. we're going to breakdown what happens next as the special master prepares to review the material. in ukraine, a devastating discovery. officials say they have found what could be the largest mass grave to be uncovered since
russia's invasion began. today president biden is set to meet with the families of two americans detained in russia, paul whelan and brittney griner. a humanitarian crisis at the southern border, political games are being waged with human lives as we learn more about how dozens of migrants arrived in martha's vineyard and how the community is coming to their aid. the boil water advisory in jackson, mississippi is now lifted after a water crisis lasted nearly seven weeks. but will residents drink it? >> and we begin this friday with major developments into the investigation of classified documents recovered from donald trump's mar-a-lago estate. last night a judge in florida
formally appointed new york senior district judge raymond dearie to be the special master to review the thousands of documents seized during last month's search. he was the only candidate acceptable to trump and the justice department. the judge also denied the department's request for continued access to roughly 100,000 -- i should say 100 classified documents for use in their criminal investigation, saying she isn't prepared to accept the doj's assertions at face value without the special master review process. a source familiar with the matter confirms to nbc news that former white house chief of staff mark meadows has complied with a subpoena from the justice department in its investigation into the january 6th attack on the u.s. capitol. a spokesperson for meadows declined to comment. nbc news has also reached out to the justice department. with us to take a closer look at this, justice and intelligence correspondent ken dilanian, sin
thee ya oxny and frank figliuzzi. good morning, what else did the judge have to say in her order last night? >> judge aileen cannon was appointed by former president donald trump and she adopted trump's view of the case here. she said the justice department can't be trusted to say what documents are classified and what documents are properly included in the criminal investigation she has to appoint a special master to review all of that. she said, for example, the justice department hasn't shown any of the classified documents got into the wrong hands at mar-a-lago. the doj would say that's what they're investigating. that's why they need to use the documents to keep looking, but she's not allowing them to do that. she's saying that the doj must
continue to hold these documents outside of its criminal investigation. she threw them a small bone in the sense they can use the documents for a national security damage assessment by the intelligence community and said the fbi can participate in that damage assessment. she said the fbi could question witnesses about who had access to the documents and where they moved but not about the contents. what the doj said is they need to use the contents to figure out what happened to the documents and whether national security was compromised. that is why jose we expect an appeal to be filed today. >> frank, how does this ruling affect the fbi's ability to get answers about what happened here? >> i'm sure there's some head scratching going on right now at fbi headquarters as to how to proceed here because it's a
nonsensical decision. the judge saying i didn't stop you entirely from the criminal inquiry. you can use the other materials, documents previously obtained through subpoena or volunteered to the national archives but in effect it stops the investigation. you're handing the trump team some appeals later on down the road, if you say this agent did interviews on other materials than the 100 seized classified documenteds and he interviewed ten people and they started talking about other documents and lo and behold we ended up using it. it's very confusing. again the assistant director forcounter intelligence said we can't do this and the judge just simply didn't buy it. >> it's just difficult i presume for the intelligence community to have an assessment of what happened of national security damage if they don't have access to that information, frank. >> well, the review can go
forward. this is where the problem is, she said the national security review can go forward. you can look at those documents for that purpose. but in reality it's a mess in terms of the same personnel being utilized. the same supervisors, the doj said look the head of national security division at doj, the head of counterintelligence at fbi we're super vising the review and the criminal case. we don't understand what you're telling us. for that reason alone i think it has got to go to appeal. and, you know, even if the special master is allowed to do his job. he's going to kick it back to the same judge. the same judge presides. for that reason i think doj is going to end up appealing this thing. >> so cynthia, what will judge dearie be looking for when he reviews all of these documents? >> the good news about judge dearie he seems to know what he's doing, which is an improvement over the current
judge. he has national security experience, he was on the fisa court. he's not been -- so he's in a position he can actually -- >> cynthia -- there we go. >> i think, you know, while definitely the department of justice needs to appeal to the 11th circuit, and they may stay everything that judge dearie is going to do. she has not addressed the law that the warrants were based on and she's not dealing with the whole obstruction issue or frankly the declassification issue. so one of two things is going to happen. judge dearie can try to get it right or the 11th circuit can stay and get it right. >> i lost you for a bit. i was wondering if you can
expand a little bit on judge dearie and his qualifications or his experience in this. >> well, he was on the fisa court, which is the most important national security court that the federal judiciary has. so he knows a lot about executive privilege, about national security issues, he's familiar with the documents. he has the clearance required or can certainly have it updated quickly. he has a reputation as a solid judge. that's what this case needs. i don't think for a minute it's the best route because there's no reason for special master in this case. but the good news is that the special master is probably a better judge than the judge who sent the case over in the first place. so we're in a position where we have to just kind of make lemonade out of lemons and take advantage of the fact this is a good judge and he's able to handle the case. and what he can do is section
out these 11,000 documents he can take the first 100 classified documents and have a preliminary ruling on them. she hasn't given a ruling on what executive privilege is or is not. he can say this is what the law is on executive privilege. and trump does not have any executive privilege on these state secret national security documents and get that in the record and get the case moving. so if it -- if the 11th circuit doesn't stay, which i'm sure it's going to 11th circuit by close of business today, if they don't do something we can make lemonade out of the appointment of judge dearie. >> ken where does the justice department go from here? >> it's very likely they will appeal and ask the 11th circuit for what they asked this judge to temporarily stay the order she issued, at least for the
purposes of using the classified documents in the criminal investigation. the good news here be jose, this judge did instruct judge dearie to review the classified documents first, so presumably this could go quickly and this could be a speed bump rather than a roadblock in the fbi investigation. and the fbi is continuing to talk to witnesses about important questions like how did the documents get to mar-a-lago, what did donald trump know about it, why did trump's lawyer lie to the justice department and say there were no longer classified documents and they found some? those are the questions in this case, and those questions continue. >> thank you all for being with us this morning. up next, president biden is set to meet with the families of brittney griner and paul whelan. and we'll talk to colin alred. ukrainian authorities make a
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14 past the hour. ukraine officials say they have found a mass burial site with hundreds of graves near the city of izium, which was just reclaimed from russian forces. a police investigator told sky news forensics will be done for every body at the site. it could be the largest grave site since the war started in february. me meghan, good morning, what more do we know? >> reporter: jose, good morning. we know this happened in izium. this is a place that president zelenskyy just visited days ago, to give you some perspective here. investigators found 17 ukrainian service members in a mass grave
and they had a noose around their neck, investigators say, hands tied behind their back. and throughout the forest thaw found hundreds of others who had been buried because their neighbors wanted to lay them to rest. there are entire families buried together. they may have died because they were tortured. they could have died because a missile collided into their house. they could have died because of starvation. the reality of the situation is that government officials here in ukraine knew that what they were going to find in places like izium and the kharkiv region in the northeast and down in the south in the kherson region would be worse than bucha, what we saw there shocked people around the world, women were raped by the russian soldiers, there was torture,
people were killed in the middle of the street. because the russians had occupied these regions for longer. kharkiv and kherson, the russians have been there for months. this is trying to liberate the communities because we don't know what's going on inside until they're able to push the russians out. there's a man who survived torture, he was tortured in the basement of a police station and i want you to listen to what he had to say. >> they made me hold two wires attached to an electric generator he says, the faster you spin it the higher the voltage, they kept spinning. >> reporter: the unimaginable, really. we know that there are more than 30,000 war crime investigations that have been opened, some 20,000 of them are for civilians, jose. >> and the invasion began the 24th of february.
meagan fitzgerald, thank you so much. and to the white house where president biden will meet with the wife of brittney griner and the sister of paul whelan. nbc news reported the u.s. has offered to exchange them for viktor bout. but officials say they want numerical parity but have not come up with a serious counter offer. carol lee joins us this morning with more. what is the goal of these meetings? >> reporter: jose, the president is trying to demonstrate here that he is engaged on this issue, that he's focused on it. that this is a priority for him to bring home these americans and he's going to convey that to them directly. he's been under a lot of
pressure to get these americans free from not just the families of paul whelan and priority but but all the americans that they say are from around the world. and now sitting down with sister of paul manafort whelan and the wife of brittney griner. and we're told he's going to have that conversation and try to convey this is something he's focused on. the white house said he's regularly briefed on this but it's something that has really risen to the top of the president's priority list with all of this public pressure. and so, he has spoken to both of these families on the phone back in july but this is the first meeting they'll have in person. they're going to be two separate meetings jose and this is the first time that the president is doing that. >> carol lee, i thank you so much very much. with us to continue our conversation is texas congressman, colin alred who has been in touch with brittney
griner's family. what do you think brittney griner's family is hoping to get from today's meeting with the president. >> good morning, thanks for having me on. one of the things i've appreciated about this president is his ability to empathize with others. he's been through tragedy in his life and knows what these families are going through, and he's going to try to make them feel better about the efforts the united states is making to bring their loved ones home and also show that we're doing everything we can and that he cares. and that matters when your family member is retained wrongfully abroad, just knowing the person at the top cares really, really matters. >> and what have you and your office been doing to help this situation? >> yeah. we have been in regular contact with the state department and getting briefings from them on our efforts to try to negotiate with the russians. what we're trying to do at the
congressional level is make sure the state department and the folks responsible for the negotiations here understand we support them in the swap we know has to happen. it's going to be a difficult swap, for people who are not good folks and not commensurate in terms of the crimes or alleged crimes involved. but we want them to know a that we support them, want to get the americans home, we understand it's a tough negotiation let's try to break through. >> it must be difficult on a normal day but then when you have russia involved in the invasion of ukraine, there's been no conversations or communications between the russians and the united states. how difficult is that because of all these circumstances? >> yeah. well, i want to just say there have been conversations. these are kind of back channel conversations on this particular topic. the russians know what their initial offer is, and now it
seems it's been widely reported. they have floated ideas in their press about who they think we should swap and that's often how they use their state media, to float ideas. so there are conversations going on. but you're right the images you just showed in ukraine, the war crimes there, the unchecked aggression of the russians invading a free and democratic neighbor does make this harder but that doesn't mean we shouldn't keep supporting ukraine and get these folks home and do them both at the same time. >> congressman, i want to bring you back here. there's a humanitarian crisis at the southern border, compounded by title 42, remain in mexico. we've seen a huge increase in the number of people crossing the border to try to have a new life in the united states and they're coming from places like haiti and cuba, venezuela, places we haven't seen a lot of people coming from across the
border before. how do you and your colleagues find concrete solutions to deal with this humanitarian crisis? >> the first thing, jose, that we have to do is stop using people as props and treat them with the dignity that the united states is capable of doing and that is really who we are. and seeing folks like my governor using migrants as political props sending them to the vice president's residence is not at all a way for us to solve this crisis. as you know, there are a lot of international conditions driving some of this. the venezuelans in particular we know what's going on there. we're just now receiving some of the outflows from there that other countries have been receiving before us. but we do need to fund the efforts to properly deal with folks coming to our border, make sure that our asylum process works much better and faster. make sure we have proper shelter and support for folks who come here and we treat them fairly. not all will be able to stay, those who have a real asylum
claim should have their claim heard and adjudicated and we should get the process done in a humane way, one that treats people with the dignity they deserve. >> congressman, is there a concrete policy towards immigration, towards migrants, towards people requesting and asking for asylum in the country? >> you know, i do think we have some good policies in place. we have to make sure that we ramp up, in particular on the immigration judge side and processing side, at our ports of entry. as you know, jose, it takes far too long for some of these hearings to take place but we are trying to find ways forward there. let's be clear. we need a comprehensive immigration reform that encompasses border security, yes, also the processing of folks coming through, and really makes our immigration system work for the economy we have now. i'm happy to do that, i think my colleagues here on the democratic side in congress are happy to pursue that immigration
reform knowing we're not going to get everything we want. but we have not had colleagues on the other side of the aisle join us because it's too effective of a political tool for them, honestly. i think that's what's stopping it. >> congressman allred thank you for your time. up next questions and confusion, a lot of confusion for the migrants at the center of the crisis at the border and across the country, the congressman was talking about how they were used as pawns, men, women and children. and friction between the white house and senior officials at homeland security. you're watching jose diaz-balart reports. watching jose diaz-balt reports. and it's never too early to learn you could save with america's number one motorcycle insurer. that's right, jamie. but it's not just about savings. it's about the friends we make along the way. you said it, flo. and don't forget to floss before you brush. your gums will thank you. -that's right, dr. gary. -jamie?
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texas also sent migrants to states with democratic governors. >> our message to them is we are not a sanctuary state. what would be the best is for biden to do his damn job and secure the border. >> what they're doing is simply wrong, it's un-american, it's reckless. >> nbc news' exclusive reporting that there is friction between the white house and the senior homeland security officials about what to do with migrants and asylum seekers. we're joined from martha's vineyard. you've spoken with many of the migrants, what has their life been like and the journey for them to get to, in this case, martha's vineyard? >> reporter: jose, good morning. most of them didn't know martha's vineyard existed when they were brought here. some thought they had just landed in new york or somewhere. they didn't know this was an island. and they left here a few minutes ago, they moved to cape cod to
the joint base in cape cod with new clothes, new cell phones, having talked to lawyers for the first time saying they were brought to paradise. here's what one of them said. >> reporter: on that plane some of them were promised they would get jobs, they were going to get housing on the plane that brought them here to martha's vineyard. so there's activists here, jose, that are saying that these people were victims of human trafficking. they want an investigation from the justice department to what governor desantis is doing, what
governor greg abbott is doing because they're saying these people are being abused and used to bring a border crisis deeper into the country. i can tell you they are not angry at ron desantis, they are actually thanking him for having brought them to martha's vineyard, where they were very well received. but other people, they're saying they're being used as political pawns, they don't resent it for now and they know they're the lucky ones. >> it's mostly venezuelans to give it contest of how many venezuelans have left their country for some years now we're talking 15 years plus but more venezuelans have left their country towards other countries than the entire population of denmark and luxembourg combined. why venezuela and why now? what's going on? >> reporter: well, they're saying they're fleeing a dictatorship. there's nothing there. they're being persecuted and
that's one of the most important points that these migrants were making to me and the one thing they're angry about, they're being called illegals. they're not. they came to the border, turned themselves in, they're asylum seekers they want relief from this country and want to be treated as such. one of the things that angers them is that governor ron desantis, for example, and a lot of members of the republican party have said that this country should be open to these asylum seekers and people legally getting to -- that are getting to the border and asking for relief. they say once and again, they are not illegal aliens. they came here, they turned themselves in, and they're going through the right channels to be able to stay in this country. >> and julia, what have you learned about the friction between the white house and the department of homeland security over this? >> it's not dissimilar from what we're seeing the republicans do right now.
the dhs officials that i've spoken to has said there's plans within the administration to take migrants by bus or plane from the southern border into the interior of the united states. but the plan is very different and they would actually give the cities a heads up, work with federal partners, work with local shelters to be able to take them in, provide for people until they can meet up with a family member or someone who can take care of them, until they're ready to work and see an immigration judge, they can often get work authorization pending the hearing but apparently the white house is resisting that move. they want to see if the numbers get higher and right now there seems to be a reluctance to make a move close to the november midterms because oftentimes immigration can be a losing issue, it's not something that drives democrats to the polls but rather drives more republicans to the polls. so there's been a lot of friction as they try to come up with alternatives. another one that's floated, though less likely, is take
migrants to the southern border and move them up to processing centers along the northern border, places with canada, because those places are underutilized but it would be costly to get the people they need up to the northern border. the september numbers are now on pace, what we're seeing in the past week, to perhaps surpass may's record high. >> thank you both so much for being with us. i just underline what you said, there are no illegal humans. there are people who have done everything to get out of the situation they're in and look for a new life in the united states. i thank you both for being with us. up next, new developments on the water crisis in jackson, mississippi that's had people scrambling to find clean water for weeks. why the problem likely won't be solved any time soon. you're watching "jose diaz-balart reports." t reports.
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39 after the hours, warnings and watches are up in the caribbean as tropical storm fiona swirls closer to the islands. it's to head near the virrin islands and puerto rico late saturday bringing flooding and strong wind gusts. it's too soon to tell if it poses a threat to the u.s. mainland. the senate is pressing pause on a planned vote for a bill that would codify americans' rights to same-sex marriage. senators say they will not push for the vote until after midterms admitting they do not have the 10 republicans they need on board to pass the bill. >> we're confident the bill will pass but we will need a little
more time. >> we have made certain changes on the religious liberty front which i think have been very positive in terms of getting people on board. the possibility of a stronger bipartisan vote after the election seems to me to be likely. >> a version of the legislation cleared the house this morning with 47 republicans joining all democrats in voting yes. this morning jackson, mississippi's boil water notice is lifted following a nearly seven weeks long water crisis. but some residents say the problem has been going on for years with little attention. joining us now is nbc news zinkla. good morning, you were just in jackson what did people tell you. >> yes, i was just in jackson and people expressed frustration while news broke that clean water was restored in the system, faith has not been restored. after nearly seven weeks a much
anticipated announcement. >> we have restored clean water to the city of jackson. >> the governor lifting the boil water advisory saying testing will continue. >> it's important we set expectations up front. while we have restored water quality, the system is still imperfect. >> this comes two weeks after deadly storms and flash flooding left jackson without running water. the water pressure eventually returned but was unsafe to drink. where over 80% of the city's population is black. and even after today, 55-year-old deborah bell is skeptical. >> so even when jackson officials say the boil water advisory is done, will you drink it? >> no. would you? >> bell says she hasn't drank jackson's water for 15 years. >> the water used to be brown looking. like my skin.
it's not new. that water been filthy. >> reporter: and the governor said problems found in a 2020 epa investigation, including inoperable equipment and inadequate staffing remain. historian dr. robert lucet says there's a crisis. >> what you're seeing in mississippi and massive and immediate white flight out of the city of jackson. as they leave the city so too does the support for the infrastructure of the city and the water system. >> reporter: and residents are now challenging their leaders to do more. do you feel local officials or state officials have failed residents of jackson? >> i'm really all about looking forward. >> reporter: republican senator roger whicker said the problem is a long term problem that deserves more federal funding. >> solution to the problems in jackson and other cities ought
to be part of the supplemental request. >> reporter: those the water has returned deborah remains skeptical it will last. >> what part hurts for you when it comes to the water crisis? >> the people that might have died from it. the kids. it might affect your unborn child why they can't do nothing for the people that's here. >> reporter: jose, earlier this week the epa's inspector general announced an inquiry into the water system and that probe is ongoing. >> thank you very much. appreciate it. up next, new details about queen elizabeth's -- well, the still process going on in london as people continue to mourn the passing of the queen. moments ago, soccer star david beckham paid his respects to the queen. up next new details about queen elizabeth's funeral on monday. you're watching "jose diaz-balart reports." re watchin diaz-balart reports.
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♪ any way you want it ♪ ♪ that's the way you need it ♪ ♪ any way you want it ♪ ♪ any way ♪ ♪ any way you want it ♪ ♪ that's the way you need it ♪ it's back america. applebee's all you can eat boneless wings. just $12.99. 48 past the hour, president biden will meet with the new british prime minister, liz truss in london on sunday ahead of the queen's state funeral on monday. mourners in london considering to pay their respect.
one of the mourners soccer star david beckham, saw him moments ago paying his respect. and tonight king charles and his siblings are expected to hold vigil over the queen's coffin. joining us now keir simmons, what are we learning about plans for the funeral and other events? >> reporter: jose, around 2,000 dignitaries are expected at west minister abbey behind me. let me show you how close it is to westminster hall. if we pan that way, that is the route that charles and william and harry will walk on monday behind her coffin as they make their way from that hall where she is lying in state to the abbey, a solemn procession, a procession we have seen before for the queen mother and indeed for the queen's father in the last century. so it is a well troden route if
you like and william and diana know it well after walking it for princess diana. as you mentioned, the queen's children will hold a vigil here. tomorrow the included. and harry will be able to wear his military uniform at that vigil. many people will welcome that. and then those crowds, crowds astonishing crowds, 14 hours, 5 miles. they've had to pause those lines because there are too many people there at capacity, jose. so many people wanted to come and pay their respects. >> keir simmons in london, thank you so much. and coming up, my colleague andrea mitchell will talk with gordon brown today at noon eastern, 9:00 pacific here on msnbc. up next, a town haunted by the shooting of a black teen by
16-year-old black teenager phillip pannell was shot and killed by a white police officer in teaneck, new jersey. the officer acquitted of manslaughter in pannell's death. this sunday, msnbc films will air part one of a series called "model america". >> the story was coming at you kind of like water through a fire hose. that's when i started to have those thoughts starting to flow. why would they shoot him? he was running. did he get shot because he was black? >> joining us now, michelle major, the director of "model america". thank you for being with us this morning. i'm wondering, why is it important to tell this story now? >> so there's several reasons. firstly, the story of the killing of a black teen, phillip pannell, by a white police
officer in 1990, even at that time was not a surprise, unfortunately, for african americans in this country, but it was a surprise where it occurred in teaneck, which was a place where they believed that they had already achieved racial harmony. in a sense, it's kind of a cautionary tale because whenever we think we've gotten it right and we're all on the same footing and there's equality across the board, that's really when we need to consider that maybe we've missed something, and that there might be lingering discord there and continuing always to be working towards social justice. so that's why i think it's important that we're telling the story now. >> yeah, and, michelle, there was a quote there, a member of the naacp said, it was very surreal to stand in this really
idyllic suburban community and watch this happen and at that moment i realized this is a result of not just this shooting incident, but a result. how does it still affect teaneck? i think it's a cautionary tale for a lot of places. >> yes, well, as we know this occurred in 1990. in so many ways, it was -- it's -- it was the beginning of the modern day black lives matter movement. and so finally 30 some odd years later we're beginning to see protests actually take effect and people sort of get up and try to do something to make a change in this world and stop these senseless killings from
happening. but it's important to always be aware of -- that this is something that can happen so easily regardless of what -- what you may think is going on in your community or how you may think you're treating the other people in your community. >> michelle, such an emotional story. how did the delicate nature of this situation inform your work and your documentary? >> interesting question. it was difficult in a lot of senses. firstly because the family was so gracious, the pannell family was so gracious to provide interviews and spend a lot of time telling their story. but it's very -- it's a painful thing for them still. 30 years later, but they really haven't been able to heal and
largely because they didn't feel as if what happened then was adequately addressed by the government, by the public, by the media and so it just -- it was an opportunity for us to let them have a voice and we also wanted to hear more from the police officers involved but were not able to -- they didn't feel that they wanted to communicate. very interesting. >> michelle major, thank you so much for being with us. really appreciate what you're doing. thanks. >> thank you. >> you can catch part one of "model america" sunday right here on msnbc. also streaming on peacock. that wraps up the hour for me. i'm jose diaz-balart. i'll see you tomorrow night on nbc "nightly news" saturday. you can always reach me on twitter and instagram. be sure to follow the show
online as well. thank you for the privilege of your time. katy tur picks up with more news right now from london. ♪♪ good morning. i'm katy tur in london where final preparations are ramping up for the queen's funeral lee days from now. earlier the queue to visit the queen's coffin in westminster swelled to capacity and had to be paused. david beckham made it just in time. >> i think something like this today is meant to be shared together. the fact that we've been here, we're eating pringles, sandwiches, coffee, doughnuts as well. >> right now the prince and princess of wales are visiting an army training center to speak with troops involved in her majesty's funeral on monday. and in the next