back in 2013, you know, we had in the senate, a bipartisan comprehensive immigration bill. it wasn't perfect, but it was a huge step forward. we couldn't get the republican leadership and the house to take it up. so we have come close. we just haven't been able to get it over the finish line. hopefully we're going to be able to do that soon. i don't think we can ever give up. there are too many people whose lives will be completely upset if we don't. >> congressman, thank you for being with me. i look forward to continuing this conversation with you in the future. that wraps up the hour for me. i'm "jose diaz-balart reports." we're in washington d.c. this morning. it's a beautiful day. thank you for the privilege of your time. craig melvin picks up with more news right now. and a good wednesday morning. craig melvin here. right now we are on watch in the trial of kyle rittenhouse, and we are learning that his defense team has filed a motion accusing

the prosecution of intentional misconduct, and withholding evidence from the defense. it comes as we enter day two of jury deliberations. we'll go to kenosha for the latest in just a moment. also in a little more than an hour, president biden is set to leave for detroit where he's going to sell the newly-signed infrastructure bill. it's his larger agenda that's being picked apart right now on capitol hill. house democrats hoping to take action on his build back better agenda. at some point this week. get this. the bill going through a rebranding of sorts to combat a major concern. inflation. but will that be enough to get it over the finish line? another house bill that's getting a lot of attention on this wednesday morning. republican congresswoman nancy mace of south carolina wants to decriminalize marijuana at the federal level. in a few moments, i'll talk to the congresswoman about her bill and the pushback she's already

starting to get from her state's own gop chair. plus a pandemic progress report from the white house co-void response team. they're holding a briefing any moment now. the big question is should every adult get a booster? we have our ear on that briefing. we will share any updates as we get them. but we are going to start with day two of jury deliberations in the kyle rittenhouse trial. gabe gutierrez is on the ground at the courthouse there in kenosha. and i also want to bring in msnbc legal analyst danny cevallos. we have new reporting about the defense team accusing the prosecution of intentional misconduct and withholding evidence from the defense. walk us through this. >> hi there, craig. >> reporter: good morning, as you mentioned we are awaiting the possible verdict, as we understand it, the jury was

supposed to come in an hour ago. we haven't heard much from the courtroom. we take it to understand they have started deliberations. again, we're still waiting on that. with regard to the motion, it was filed monday, but it's something that is still looming over this case. and we actually just got a comment from the defense attorney for kyle rittenhouse. mark richards, who says -- he acknowledged while it is still possible that the judge could rule in their favor regarding this mistrial, it is not likely according to him. but here's what the motion says. it basically as you said, accuses the prosecution of intentional misconduct. for one thing they had indicated they would file late last week that issue where you'll remember the judge admonished the prosecution for asking or trying to ask kyle rittenhouse about his silence post arrest. of course, that's a constitutional right. the defense strongly objected, and at the time indicated that they would file this motion for a mistrial with prejudice. meaning that if granted,

rittenhouse could not be retried. but what's additional in this motion is that the defense over the weekend says that they finally got the copy of that drone video, a higher resolution copy of that drone video whereas they argue that before the prosecution can only give them a lower resolution version. according to the motion, the defense only got a 3 megabyte file. the state's version of the file was 11 megabytes. the reason that's important is that a higher resolution copy, you can zoom in and take a closer look at this video, and the defense is arguing that since they only got that evidence two days before closing arguments, after the evidence portion of the trial had concluded, that a mistrial should be declared. but again, craig, even the defense attorney acknowledges that at this point, it's not very likely the judge will rule in their favor. that's because the judge has let this case go on.

we're now entering second day of jury deliberations. yesterday the jury deliberated for more than eight hours and what was interesting is that they did not ask a single question yesterday. only requesting more copies of the jury instructions. so that's something to watch today. what type of question, if any, will the jury come back with at any moment? >> craig? >> and gabe, nearly 40 pages of jury instructions. is that right? >> reporter: i'm sorry, craig. i couldn't hear you very well. what was that? tell me one more time. >> jury instructions? the length of those jury instructions reportedly close to 40 pages? >> reporter: yes. yeah. a significant amount of pages. and jury instructions could come down -- very significant in this case. you'll remember there was a lot of back and forth on friday between what -- and actually into monday over what the jury would be instructed. whether they would be allowed to consider lesser charges on

several of the counts. they are allowed to consider lesser charges on two of the counts. but you could take it to mean that because the jury is asking for more copies of the jury instructions, they're looking closely at this. certainly complicated case, and they want to go very methodically count by count and make sure they understand each of these instructions. but it was a contentious argument between the prosecution and the defense, exactly what the jury would be told, and at one point, the judge even acknowledging that it could be confusing. could be a little more clear. but in the end, they decided on the language and the jury asking for printed out copies of those jury instructions. >> danny, let's go back to the jury instructions. it seems like a hail mary? >> not exactly. at this point they're filing the motions to preserve the record in the case of a conviction and a subsequent appeal.

yes, it's unlikely that the judge will grant it. but this is a very common complaint that prosecutors are playing hide the ball with evidence. prosecutors don't have to give over their entire file to the defense. they have to give over certain specific kinds of things. exculpatory evidence, things like that. but the common problem is who decides what the defense gets? the prosecutor. their adversary. that's essentially the argument here. that the prosecutor in this case had access to a better quality video than the one they actually turned over. and the defense accuses the prosecution of really trying to get to a mistrial in this case so they can retry kyle rittenhouse, because in the defense's view, the prosecution thinks it isn't going that well for them. they'd rather not go to verdict. at least that's what the defense alleges here. but you're right in that it is unlikely to be granted this motion or the motion for dismissal with prejudice. however, the defense effectively preserved those motions, those

issues in granite for an appeals court if things do not go well for rittenhouse in the verdict phase. >> all right. danny, don't go far. going to come back to you in a few moments. and gabe, we'll check in with you throughout the day as well. we wait on a verdict in the kyle rittenhouse trial. thank you both. in the next hour, president biden is set to make his way to detroit. it's the next stop on the president's week-long blitz to tout the newly signed infrastructure law. michigan set to receive more than $7 billion for highways. more than $5 million for bridges. more than a billion dollars for both public transit and water. the president's visit to the motor city will also underscore how the law is going to spur the growth of electric vehicles. he's going to be touring that massive new gm factory that's dedicated to building only electric vehicles. i want to bring in mike memoli live in detroit ahead of the president. and leigh ann caldwell joins me

from capitol hill where democrats are still grappling with the other huge part of the president's agenda. take us through what we're expecting to hear from president biden in motor city today. >> reporter: well, craig, when president biden was candidate joe biden, one of the first policy proposals he put out was about installing 500,000 electric vehicle charging stations across the country. he argued at the time this was both a climate policy by helping to reduce fossil fuel emissions but also a jab creator. when biden was the vice president he worked closely with auto manufacturers, with the city of detroit to help revive, get the auto industry off its feet. he's coming here on a big day for gm. as you mentioned, to tout the fact that this infrastructure will help, indeed, not get to the 500,000, but a good stride in that direction. and it's going to be a part of what gm is proposing today to help transition their fleet to all electric vehicles by 2035. if you see behind me, you'll see

some of the new gm all electric hummers. i'll remind you the last time the president came to the detroit here, he was at a ford factory. he got behind the wheel of the new ford all electric pickup. maybe a coming attraction of what's coming later today. craig, i also want to talk about breaking news we got from the white house. when people think about cars, they think about gas prices. that's one of the head winds the president is facing. the high cost of fuel. the president has written a letter to the head of the federal trade commission asking them to invaes gait what he's calling mounting evidence of anti-consumer behavior from oil and gas companies. they have the authority to decide whether illegal conduct is costing families at the pump. an interesting reflection. the president coming here the second day in a row. yesterday it was roads and bridges. today it's auto and electric vehicles. and the inflation concerns with actions he's trying to take on an executive level.

>> meanwhile, we're also getting a look inside that gm plant that the president is going to be touring. nbc's come costello got an exclusive tour of the factory. >> reporter: in a dramatic revolution is underway at lightning speed. fierce competitors ford and general motors joining a global green movement. with gm making the boldest commitment, all of its models electric by 2035. just 14 years away. not a lot of time. to make it happen, gm has spent $2.2 billion on this. factory zero. the ceo gave us an exclusive tour. how much consumer demand is there to go all electric? >> well, we see it increasing, and i think we're actually getting close to a tipping point where consumers now are much more willing to consider an

all-electric vehicle, because they see the benefit. >> reporter: look no further than the hummer, an iconic american brand now going electric. 350 miles on a single charge. this is the battery. 3,000 pounds helping the hummer to accelerate from 0 to 60 in three seconds. gm and ford both want a chunk of the battery car market dominated by elon musk and tesla. >> we believe in climate change. it's real. and so we know that transportation plays a -- has a huge impact. >> reporter: factory zero itself symbolizing gm's total shift from gasoline engines to batteries. built in the 1980s, it was slated to be closed with 1,000 jobs on the line. then a last-minute reprieve. now a high-tech robotic hub with 2000 employees, giving financial stability to workers like mo neek watten and her family. >> i know i'm going to be able

to provide for my family, my children. >> reporter: one hurdle, the global supply chain slowdown stretching to china. the computer chips come from asia. barra says the shortages and slowdowns could last well into next year. >> there will probably be a small challenge in 2023, but by that point in time, we'll get back to what i'll call a new normal. >> that was nbc's tom costello reporting. leigh ann, the other major part of the president's agenda, the build back better spending package, it seems as if dems are trying to rebrand it as they get closer to a vote. tell us about this. >> they are, craig. as mike said, voters are concerned about rising gas prices. well, they're also concerned about inflation. and so that's why democrats are saying, including senate majority leader chuck schumer, that if you care about inflation, you would vote for the build back better plan.

that is a message not only for voters, but it's also a message to one specific senator, senator joe manchin of west virginia who has said repeatedly for the past several months, that inflation is a big concern of his, and he's concerned these large spending packages will lead to more inflation. well, democrats say that, in fact, this build back better plan, this $1.75 trillion bill, will not lead to more inflation. they say it's going to be mostly fully paid for, and they're also pointing to some economists including larry summers who had previously said that the previous covid relief bills did lead to more inflation, that build back better plan won't. and there's a new exclusive report this morning from routers saying the ratings agencies say this plan will not lead to inflation, and so that is music to democrat's ears who are going to really hound that message saying their big nearly $2 trillion bill won't lead to more

inflation and they hope that senator joe manchin agrees with them. >> leigh ann caldwell on the hill. thank you. mike memoli there in detroit in front of an electric hummer that goes from 0 to 60 in three seconds. mr. memoli, thank you as well. should every adult in this country get a covid booster shot? we're expecting some new guidance from the fda as soon as tomorrow. what they could be on the verge of recommending. plus a new phase in the trial in the murder of ahmaud arbery. what we're hearing this as the defense lawyers start to present their case. and could the united states decriminalize marijuana in all 50 states? i'll talk to the republican congresswoman behind a new bill to decriminalize weed at the federal level. what it could mean for expunging old drug convictions as well, next. for skin that never holds you back.

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could some of the toughest federal regulations on marijuana go up in smoke soon? nancy mace of south carolina just introduced a bill on monday that would decriminalize marijuana at the federal level. here's what the states reform act could do. it would strip cannabis of the classification of a schedule one drug.

it would allow for the expungement of federal convictions in nonviolent cases. there would be a framework for federal regulation, enforcement in state that allow marijuana sales. it would establish cannabis regulations as well. establishing regulations similar to those restrictions on alcohol and in addition, it would call for 3% federal excise tax on marijuana. can it get past and get the support of fellow republicans? here to answer that question, nancy mace of south carolina who introduced that bill. congresswoman, good morning to you. thank you for your time. and i understand you've managed to wrangle a number of republican co-sponsors as well so far. so what's been your pitch for this bill to your party? >> well, so far this is a bill, the state's reform act that brings together elements from previous pieces of legislation filed by republicans but also democrats.

i believe no matter party or political affiliation, there's something in here for everyone. and there are a number of republicans. we have five original co-sponsors and we're going to get a few more. this will be a bipartisan piece of legislation. the number one thing i want folks to know is this is a turn-key federal tax and regulate policy and bill that would allow if you're legal, whatever level you're legal in your state, you stay that way. florida has medical, the bill recognizes every state is different. it would allow the federal government to tax it, regulate, get out of the way and let states do what they're already doing. there are only three states in the nation that have no type of cannabis reform, and it's past time that federal law catches up to what's already legal in 47 of 50 states. >> there's a chairman there, chairman of the south carolina gop. as you probably heard or at

least read, he said in a statement, unequivocally the south carolina republican party is against any effort to legalize, decriminalize the use of controlled substances and that includes this bill. that would seem to be quite the big bucket of cold water, congresswoman. from your own party. were you taken aback at all by that response, and what is your response to that statement? >> not at all. in fact, south carolina bright red republican south carolina already permits cbd and hemp in the state of south carolina. and, in fact, medical marijuana, medical cannabis legislation is being led by republicans in the state legislature, and the south carolina compassionate care act gets a hearing in january. this is an issue i worked on previous to coming to congress. i ran on this in my campaign, and south carolina is already had cannabis reforms led by a republican legislature. and republican state. and there's more to come there. so this is something, this is

not really a partisan issue. there are republicans and democrats alike. this is a 70 /30 issue not only across the state of south carolina but you see it in polling in every state in the nation. a super majority of americans on both sides of the aisle support and live in states that already have some level of cannabis reform between cbd and medical and hemp and full recreational use. >> well, i want to talk to you about some of the other action that's happening there in d.c. president biden, as you know, just signed the bipartisan infrastructure bill into law. democratic congressman jim clyburn, the lone democrat in your delegation noted that $6 billion will head to south carolina as a result of this bill. and for folks listening on siriusxm, we have a graphic up, but i'll read some. more than $1 billion toward unsound bridges, improving water

and waste water, electric vehicle charging stations and expand high speed broadband. it's critical in rural saturdays of south carolina. you voted against the bill. why? >> well, for a couple reasons. i know that it's called the bipartisan infrastructure framework, but in the house where the only chamber of the house that has a committee, republicans were blocked out largely during the markup process including the ranking republican on the transportation infrastructure committee. i did work to get some funding in for south carolina and the low country in the district that i represent. but we could have done more with less. this particular bill, there's only 3% dedicated in the 1.2 trillion that goes to roads and bridges. it's not enough in this case. we're 97% of the bill doesn't have anything to do with that. i just felt like the 42 new taxes in the bill, it not being paid for this. during this time, it's going to

put stres sors on our economy. there's no doubt infrastructure is needed across the country. and now that it's been signed into law, hopefully we see some of the money doing what it needs to do. i worry that 97% of it has nothing to do with roads and bridges. that's a problem. >> just a few hours from now as you know, the house expected to vote on whether to censure, strip him of his committee assignments -- >> there's a loud sound behind me. i couldn't hear that. >> the censure vote on the congressman of arizona. do you plan to vote for or against it? >> i can't hear anything. >> okay. all right. republican congresswoman nancy -- >> i don't -- >> okay. we'll have the congresswoman back at some point. congresswoman, thank you. how quickly could the fda

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right now the white house covid task force is holding a briefing. we heard an update on the potential fda approval of the

pfizer booster for all adults. here's what was said. >> the fda is currently evaluating data on the authorization of booster doses for all people over age 18. as we've done before, cdc will quickly review the safety and effectiveness data and make recommendations as soon as we hear from fda. nbc news learned the approval could come as early as tomorrow. we could also hear a little bit more about pfizer's request for the fda to approve the covid-19 pill. that was submitted on tuesday, and this news comes as state and local officials are trying to stem signs of what could be a winter spike on the horizon. i want to bring in cal perry, who made his way to omaha, nebraska. cases there rising for three straight weeks. also with me, dr. hilton is an

msnbc medical contributor also a professor at the university of virginia. doctor hilton, let me start with you. this potential approval of the pfizer booster for all adults, how significant will that be as we head into the holidays? >> you know, i think it's incredibly significant. what we know is that if we're looking at november 16th, 2021, we literally yesterday lost 1400 lives. to give you an idea of how we're doing in the progress of this pandemic. a year ago on november 16th, 2020, we lost 1,000 lives. we're losing more people now despite the fact that we have vaccines and other therapeutics in place than a year ago. we have to make progress on this front. >> how can that be? i think people hear that. it's striking that more people are dying every day from covid right now than a year ago. is that simply because there are still so many unvaccinated folks? >> it's a number of things.

we language have 59% of americans fully vaccinated. there's a different in mask mandates that were being acceptable last year than they were now. and then, again, we didn't have the delta variant as we were fighting against in 2020 that we do now. so what we -- the difference between those two who are dying in 2020 versus 2021 is that they're younger and younger. in fact, in september the number one leading cause of death in americans from the age of 35 to 54 years old was actually covid-19. in august, that death, the leading cause of death was covid-19 for 35 to 64-year-olds. so we're seeing younger and younger people die from this. and unfortunately, those younger persons aren't necessarily the ones that's running to go get vaccinated and neither are they running to get boosted. we have got to change that. >> while i have you, doctor, this covid pill as well. that would seem to be another

potential game-changer. no? americans love to take a pill for everything. >> right. and it is a game-changer, but what i have to insist with people is the game-changer is once you've been infected. right? we know with the pfizer pill that it does a fantastic job of reducing your likelihood of hospitalization and death if you take it within three days of being infected. what i'm trying to help and hope that we don't get to the point of you being infected. when we're talking about boosters for all that's coming up in the next week or so, what we know is that if you're boosted, you have an immediate impact of seeing your immune system respond. and the earlier data that pfizer was releaing along their boosted line, if you are boosted versus vaccinated, that there was a 20 times less likely to be infected if you were boosted versus just vaccinated. in comparison to the unvaccinated persons, you're 100 less likely to be infected if

you're boosted, versus unvaccinated. that's the difference between being fully vaccinated and fully vaccinated and boosted. if you're able to be boosted, do that. we anticipate a surge this winter, and we're already seeing increases in our cases in 23 states currently. >> cal, let's talk about where you are. that's one of the states that dr. hilton mentioned. you're outside the nebraska medical center in omaha. cases rising. hospitals at risk of being at capacity. what are you seeing? what are you hearing from medical officials? >> yeah. here we go again. we were here a year ago and saying this to our viewers and to the country, that we are headed for a spike. we're headed into winter. people are headed inside. and that cases will increase. that's what we've seen in omaha. there was a plateau here in the city, and it has spiked in the past few days. we've heard at the nebraska

medical center, 20 patients in a couple days has the icu running at 90 % capacity. and one of the many factors is vaccines. if you look at this county, douglas county, of the 333,000 people vaccinated in the county, only 1.8 % have had a breakthrough case. it is putting a stress on the system. again, we talked about this last year. if you come in for a heart attack or a stroke, you could have your care deferred. it's no longer just a pandemic for the unvaccinated. one of the people i've enjoyed talking to is the chaplain of the hospital. in the past two years he's been bedside for so many people who have died to covid. i asked him what is it that he wants people to know about the situation. what's happening here? what has been happening. here's what he said. >> watching someone day because they can't breathe is one of the most difficult things anyone could ever do. and to know that so many people

on staff here and everywhere have to deal with that on a daily basis, i can't even describe what that's like. and how awful disease. >> in the more than year that vaccines have been available, i've been standing in front of hospitals, and hundreds of thousands of americans have died. these are preventable deaths. it's that simple. >> it was good to have the chaplain's perspective there. cal perry in omaha. thank you. dr. hilton, we'll let you get back to it as well, thank you as always. a nation reached a grim milestone this morning. we passed 100,000 drug overdoses in a one-year period for the first time ever. for perspective, that's about the size of cambridge, maine. vermont saw the largest increase with nearly 70% more. 70% more overdose deaths than

last year. deaths from drug overdoses went down in just four states. delaware, new hampshire, new jersey and south dakota. the number of overall deaths by overdose rose by almost a third nationwide from just under 80,000 to more than 100,000 now. the defense lawyers for the three men charged in ahmaud arbery's murder have started making their case to jurors after the prosecution rested tuesday afternoon. we're going to check in on what's happening there in that georgia courtroom next. oom next ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. cough cough sneeze sneeze... [ sneezing ] needs, plop plop fizz fizz. alka seltzer plus cold relief. dissolves quickly. instantly ready to start working. so you can bounce back fast with alka-seltzer plus. now available for fast sinus relief.

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to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. this morning the defense has started presenting its case in the trial for the men accused of killing ahmaud arbery. the defense attorney there for one of the three men, now giving his opening statement. he declined to give his opening statement at the beginning of the trial with the rest of the defense attorneys. this all comes after the prosecution rested after eight

days of testimony and 23 witnesses. nbc's ron allen is in brunswick, georgia following the trial for us. and danny cevallos is back with us as well. take us through the opening statements being made by one of the defense attorneys. >> well, remember, william brian is the resident who filmed the encounter. he joined the chase and n -- in his pickup truck and videotaped the encounter between the other defendants and ahmaud arbery. and his lawyer has throughout the trial been trying to separate his case from the others saying he was essentially just a witness who saw all this and didn't participate in much of what was going on, they say. he is still charged with murder, because under georgia law they are essentially saying that all these three men worked together and cooperated together to cause

the death of ahmaud arbery. we heard from bryan as he was trying to convince the judge that he was not getting a fair trial because of the conditions of his confinement for the past 18 months at the detention center. we have some of what he said and how ahmaud arbery's mother reacted to that. take a listen. >> you're telling the court you've basically been in lockdown or solitary confinement for the entire time you've been incarcerated? >> for the most part, yes, sir. >> by that you're telling the court you spend 23 hours a day in an individual cell? >> that's correct. >> mr. bryant is still alive. i mean, he has a chance to sit in a cell and be alive. ahmad didn't get that chance. ahmad is deceased. >> obviously the judge rejected the argument and the trial continues. you could also say ahmaud

arbery's mother has said she hopes the three defendants will testify. she wants to know what was in their minds and hearts when all this happened. it's unclear whether they will do that. we went through a process whereby the judge questioned the three defendants, making sure they understood their right to testify or not testify, and that if they don't testify, he would give the jury an instruction about that. so that's where we are right now. bryant's attorney is expected to take an hour or so. he is also -- he has raised objections about the presence of black ministers and others in the courtroom and the gatherings outside the courtroom saying his client cannot get a fair trial because of that. again, the judge rejected those arguments saying that the public is invited, and that the jury has been instructed not to pay attention to other things other than the evidence that is in the courtroom. so we continue this afternoon. perhaps we'll get to the first witness for the defense. we expect them to call a lot of neighbors from the area, from the community where the event happened, where the fatal encounter happened, trying to make the case this was a

dangerous neighborhood and ahmaud arbery was a suspicious person and they pursued him because they thought he committed a crime. the evidence suggests he did not. craig? >> all right. ron in brunswick, georgia. thank you. danny, it would seem they are trying to put ahmaud arbery on trial here. is that essentially going to be a good chunk of their defense? >> it has to be. after all, when you're claiming self-defense, you're essentially putting a victim on a mini trial. you're saying all this stuff that the prosecution says is true. i had a weapon. i fired it. i caused the death of somebody else. but there are additional facts which exonerate me. in the case of self-defense, you're arguing those additional facts are that he started it. he came at me and he essentially attacked me. and so that's going to be the theme of their case. it will seem like they're

putting ahmaud arbery on trial because essentially that's what they are doing. and it is their goal to put as much bad information as they can about arbery into evidence as much as the judge will allow, so that the jury may believe that it was arbery who initiated this deadly confrontation. >> generally speaking, and i know it's always a little tricky to get in the generalities when talking about matters of law, but generally speaking, danny, in self-defense cases like this, who has the steeper hill to climb? the prosecution or the defense? >> the challenge with an affirmative defense like self-defense is that you're essentially conceding a lot of the bad stuff that happened. you're not using a some other dude did it in the defense bar. you're saying i'm the dude that did it, but here are these additional facts. it's risky. you're conceding a huge part of the prosecution's case, and then hoping that the jury believes

the additional facts. it is a risk. it's a risk in the rittenhouse case. it's a risk in the arbery base. so much of the case is true. you're just asking them to believe something additional, which is that your client reasonably believed at the moment that the shots were fired, that he life was in danger. in the jury finds that to be not reasonable, then he probably doesn't get self-defense. >> danny, always making it plain for us. danny, thank you. we'll be checking in with you throughout the day as well. again, we are on verdict watch there in the rittenhouse trial. meanwhile, any minute now, one of the most notable faces of the deadly insurrection will be sentenced. jacob chanceling, also known as the qanon shaumen, made headlines when he was pictured shorting this distinctive costume on january 6th. prosecutors are seeking up to 51

months in prison and three years of supervised release for him. they also want him to pay up to $2000 in restitution. we have breaking news out of south lake, texas on this wednesday. federal officials have just opened a civil rights investigation into the school district there that we've been telling you about. we'll have details on that investigation next. fries or salad? salad! good choice! it is. so is screening for colon cancer. when caught in early stages, it's more treatable. hey, cologuard! hi, i'm noninvasive and i detect altered dna in your stool to find 92% of colon cancers even in early stages. early stages. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. (all) to screening! wayfair's black friday sale is on now! score unbelievable savings with our biggest sale ever! like ge appliances up to 40% off

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a update on that breaking news that we told you about moments ago. in the break there we learned that jacob chanley has been sentenced to 41 months in prison. he is one of the most notable faces of the capitol riots. and breaking out of texas this morning, the civil rights enforcement arm launched an information in a school district that we followed closely for several months now. the carol independent school district in southlake, texas,

has been at the center of a battle over critical race theory. antonia hilton has been following the story. walk us through this new investigation and what we know about the specific allegations they're looking into. >> hi, craig, this is a significant investigation. really three separate investigations that are focused on agencies of racial, gender, and sexuality. experts that we have spoken to say that complaints of this nature that rise up to the federal department of education and the office of civil rights, those complaints only about 5% to 10% of the time actually translate into full investigations that they move forward with. this comes on the heals of months of reporting on racial

tensions in this community here. one of the first towns to start fighting about critical race theory. one of the first to launch a major backlash to a diversity and inclusion plan. many concerned parents raising hundreds of thousands of dollars and making sure the diversity and inclusion plan didn't move forward in this district. there was students, parents, and teachers of color on the other side trying to get them to pay attention to what they call years worth. the district responded by saying they're fully cooperating with this and diligently pulling the documents requested of them. this will be a year's long process. sometimes they take north of 14 months. if they find that violations of title 9 has occurred here the school district will be asked to make changes and monitored,

potentially for years to come. >> antonia hilton, thank you for the update on that breaking news. packed airports, tons of traffic, a good chance of short tempers, especially if you're traveling with your children. sounds normal for a holiday weekend, but after so many people stayed home last year, they say this could be the biggest travel weekend in two years. how they're getting ready, next. years. how they're getting ready, next. pnc bank believes that if your phone can help you track your pizza come on, cody. where are you, buddy? then your bank should help you track your spending. virtual wallet® is so much more than a checking account. its low cash mode feature gives you at least 24 hours of extra time to help you avoid an overdraft fee. okay, he's gotta be close. he's six blocks in the other direction. make a left, make a left, make a left! he made a right again. virtual wallet® with low cash mode from pnc bank. one way we're making a difference. at t-mobile for business, unconventional thinking means we

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if you are getting ready to visit loved ones for thanksgiving, brace yourself. travel experts say the thanksgiving holiday could be the busiest holiday travel weekend since the start of the pandemic. according to triple a more than 53 million people plan to take to the skies, roads, and railways. and the tsa administrator talked to my colleague about whether or not his agency will be able to handle the increase. >> we will be staffed enough and i see no impact on the vaccine on throughput going through the psa screening check points. >> the sunday aftering in is expected to be the bustiest holiday travel day of the year so leave early. that will do it for me at this hour. andrea mitchell reports starts

next. >> good day, everyone. this is andrea mitchell reports in washington. the democratic majority is about to punish arizona republicans. this after waiting for kevin mccarthy to take him to task and the threat against congresswoman andrea ocasio-cortez. a hand full of republicans may join the democratic majority in centuring them. the president is going to a gm electric vehicle company in detroit a day after he visited an ageing bridge in new hampshire. skeptics say it is up to states to decide how soon to put