i have to bring in pete williams. this was something we had some early heads up about, pete. what can you tell us? >> well, these are the first -- this is a significant new development in this case, chuck. the justice department for the first time now has filed seditious conspiracy charges today, charging 11 people with this for -- related to the january 6th riot at the u.s. capitol and among them is stewart rhodes of texas who, of course, is the founder and leader of the oath keepers. the significant thing there, of course, is several oath keepers have already been indicted in one of the big conspiracy cases, 19 of them, in fact, two of them have already pleaded guilty, but this adds the leader of the oath keepers stewart rhodes and adds the seditious conspiracy charge. i'm just looking at this material that has just come in. there's several other people that are charged in addition to this original case. it's said that -- i'm trying to see what this -- all right. the seditious conspiracy indictment says after the november election stewart rhodes conspired with his co-defend

but pete williams being a contributing reporter on this as well, pete williams is like the emperor of the kingdom of understatement. when everybody else has their hair on fire about something going on in the criminal justice system or in the courts, it is pete williams who is the cooling saucer who brings everything down ten notches and makes everybody take a breath and stop overreacting. so you put mark caputo on the byline from florida and you put pete williams, mr. calm down, everybody, as contributing reporting, and, frankly, you do not expect a lead as red hot as this one from nbc news today. dateline, orlando, florida. quote, congressman matt gaetz's ex-girlfriend testified today before a federal grand jury investigating him for sex crimes, a major development that suggests the u.s. department of justice may be moving closer to indicting congressman gaetz. the ex-girlfriend, whose name is being withheld by nbc news to respect her privacy, has been in talks for months with prosecutors about an immunity deal. under a possible deal she would avoid prosecution for obstruction of jus

pete williams broke the story exclusively on nbc news just now. pete, talk to us about the importance, significance of steve breyer stepping down and what you think is probably his thinking. >> as you know there was a discussion at the end of last term whether he was going to step down. it was clear he thought about it and decided not to do so. he said publicly at the time, he'd just written a book about the supreme court and why the countries follows supreme court decisions. he didn't want the timing of his retirement to be seen as something political. apparently he's decided that enough time has past that's not going to bow a concern now. there was enormous pressure on him and has been since president biden was elected, especially after the death of ruth bader ginsburg, which gave donald trump a chance to appoint amy coney barrett to the court. there was lots of pressure on breyer to step down, despite the fact he's in good health, so his successor could be chosen while there's still a democrat in the white house and a democratic control of the

but pete williams being a contributing reporter on this as well, pete williams is like the emperor of the kingdom of understatement. when everybody else has their hair on fire about something going on in the criminal justice system or in the courts, it is pete williams who is the cooling saucer who brings everything down ten notches and makes everybody take a breath and stop overreacting. so you put mark caputo on the byline from florida and you put pete williams, mr. calm down, everybody, as contributing reporting, and, frankly, you do not expect a lead as red hot as this one from nbc news today. dateline, orlando, florida. coat, congressman matt gaetz's ex-girlfriend testified today before a federal grand jury investigating him for sex crimes. a major development that suggests the u.s. department of justice may be moving closer to indicting congressman gaetz. the ex-girlfriend, whose name is being withheld by nbc news to respect her privacy has been in talks for months with prosecutors about an immunity deal. under a possible deal she would avoid prosecution for obstruction of justi

in that case, back in 2005, pete williams did not scoop the justice. so through the ordinary course, she sent a letter to the president, hand delivered. that is when everybody found out, including her colleagues on the supreme court. drawing from that experience, i'm going to be interested in the exact wording of justice breyer's letter, if he's going to put one out. justice o'connor said her retirement was effective upon the confirmation of her successor. sometimes strange things happen. judge roberts was nominated for her spot, and chief justice rehnquist died, and then he was nominated for that spot. justice o'connor wound up working for another seven months on the supreme court after she sent that letter. the timing does matter because as we've been talking about, the court sits in these fixed terms. and justice breyer is in the middle of some work. the best thing for the court would be if a new justice could come on in order to be ready for the new term next year. >> eugene, i want to turn to you on the more political piece of this. this is an opp

joyce vance and pete williams, thank you so much. we'll go to another angle of this story, and that's what the january 6th committee is doing on capitol hill. they've been trying to interview a number of people within donald trump's white house. they've been pretty successful with lower level aides. some higher level aides have said no. they're also trying to interview lawmakers who may have been involved in what went on at the capitol. one of the people they've been trying to speak to is house minority leader kevin mccarthy. but he in a very public way today said he is not going to play politics, in his words. >> reporter: you said, sure, you would be willing to testify about your conversation. >> what was the date? >> reporter: that was in may of last year. >> okay. >> reporter: and you've now said you won't agree to voluntarily cooperate. why should the public not conclude that you're trying to hide something here? >> when you asked me that question, never did i think a speaker would play such politics and then appoint a chairman

and you put pete williams, mr. come down everybody, as contributing reporting and frankly you do not expect a lead as red-hot as this one from nbc news today. dateline, orlando florida, quote, congressman matt graces its girlfriend testified today before a federal grand jury investigating him for sex crimes a major development that suggests the u.s. department of justice may be moving closer to indicting congressman gaetz. the ex girlfriend whose name is being withheld to respect her privacy, has been in talks for months with prosecutors about an immunity deal. under a possible deal, she would avoid prosecution for obstruction of justice in return for testifying in the investigation into whether gaetz, in 2017, had sex with the 17-year-old female for money. and weather months later he and others violated a federal law prohibiting people from transporting others across state lines to engage in prostitution. gaetz has not been charged with the crime. he has denied all accusations. the attorney for gaetz ex girlfriend

joining us now, pete williams usa today bureau chief paige. it is your poll, they are today in suffix university. so looking at what voters think about january 6th a year later and many ways just as polarized as we were, if not more so before the attack. >> you know we don't even agree on what happened. democrats over whelmingly say the mob that attacked the capital were criminals. most republicans went too far, but they had a point. most everyone think that democracy is in danger and being threatened, but there is still a fundamental disagreement on what it is that is threatening dmox si and that makes it hard to figure out what we should do as a country to move ahead. >> pete williams, he has been under some pressure from the left, and some of referrals. he is going to refer to that finding, according to polling data, that more people feel that violence against their own government is justified? >> yeah, he is not going to speak about any specific cases. this is billed as to the justice department employees. he will give a general update, pe

lester >>> pete williams at the supreme court, thank you. >>> the president speaking about covid today insisting the new normal is not going to be what it is now but better though he got some disappointing news today with weak job numbers that were impacted by the pandemic kristin welker at the white house. and, kristin, the president said a bright spot in unemployment. >> reporter: lester, that's right the president went straight to that positive headline, touting the unemployment rate fell to 3.9% from 4.2% last month, saying the drop in the last year is the biggest in history. but the disappointing headline today, the economy only added 199,000 jobs, just half of what economists were expecting. it is a low figure for the second month in a row now and it comes amid soaring inflation at a nearly 40-year high republicans are blaming mr. biden's spending policies for the higher inflation today the president firing back, calling those claims, quote, malarky. economists warn today disappointing jobs figures came prior to much of the omicron surge, so there could be more volatility ahead.

here's pete williams >> reporter: it is the most high-profile charge yet stemming from the capitol riots. stewart rhodes of texas is in federal custody tonight, accused of conspireing with 10 other members of the group to carry out acts of violence to stop congress from formally carrying out the president. they're charged with the crime of seditious conspiracy. >> while all conspiracies are serious, a seditious conspiracy, an unusual federal charge, not often brought, is even more severe. >> reporter: as early as two days after the election, prosecutors say rhodes reached out to his leadership team with this encrypted message. we aren't getting through this without a civil war. he messaged the team, we need to make those senators very uncomfortable with all of us being a few hundred feet away. the day before the riot the fbi says one of the oath keepers drove around the u.s. capitol on a reconnaissance mission. on january 6th, the government says, as rioters began breaking through police lines, rhodes messaged his leadership saying the nation's founders stormed the governor's mansion in

williams, thank you. now all eyes turn to the white house. president biden gets his first chance to shape the court after saying during the campaign that he would nominate a black woman. peter alexander is at the white house with the names already emerging >> reporter: tonight president biden preparing to wield one of the presidency's most consequential powers, picking a supreme court nominee, though saying little about it today >> there has been no announcement from justice breyer let him make whatever statement he's going to make and i'll be happy to talk about it later. >> reporter: now the focus turns to the president's short list with the white house saying today president biden will stick to this campaign promise. >> i'm looking forward to making sure there's a black woman on the supreme court, to make sure we in fact get every representation >> reporter: president biden has nominated eight black women to federal appellate courts so far and one of the top contenders for the supreme court opening com

. >>> the ban on medical bills is far from the only law going into effect today pete williams on the many new rules that start today. >> reporter: students entering high school in ohio in the new year won't be allowed to graduate until they complete a course in financial literacy about such issues as taxes and interest rates. many students say it's what they need to know >> i would say, yeah, undoubtedly the most important, help you manage your money. >> reporter: as of today it's illegal to chain up your dog in texas. any outdoor restraint must be lighter and more flexible, and dogs must have adequate shelter, shade, and water >> texas wants to lead the way when it comes to animal abuse. and with this new tethering bill, i think we're going to be able to do that. >> reporter: governor greg abbott at first vetoed the law, then signed a new version after he was hit by a flood of tweets with the hashtag #abbotthatesdogs a new law in nevada makes it illegal for insurance companies to deny insurance to homeowners based on the breed of dogs they have in washington state, home to tech gian

pete williams, nbc news at the supreme court. >>> our thanks to pete williams for that. after the break, we'll talk more about the reputation of the supreme court and who is responsible for its decline with law professor melissa murray and activist murray hatcher. stay with us. - [announcer] the american dream. for children in rural communities, it's slipping away. the gap between that dream and their reality is shocking. the gap between nutritious food and aching hunger, a good education and falling behind in school. but together, we can change that. with your help, local communities can get the food and resources they need to keep children well fed and ready for school, and if there were ever a time for you to help, it's now. sponsor a child with save the children and help give that child and so many others a chance for a better future. - you're doing more. you're giving them the opportunity, the hope, the ability to succeed. - [announcer] please call this number or go online to savesponsor.org and sponsor a child right here in america. for only $19 a month, you'll hel

lester >> pete williams tonight. thank you. >>> and in 60 seconds, our alarming look inside the movement trying to overturn the election and growing concern about the midterms dterms. vacuum.. . is such a hassle. uchhh!!! so now we use our swiffer sweeper and dusters. the fluffy fibers? they pick up dust easily. grabbing it in all those hard-to-reach places. gotcha!!! and for our floors, sweeper's textured cloths lock all kinds of dirt, dust and pet hair. unlike my vacuum, it sneaks under and around places. look at that!! dust free and hassle free. stop cleaning and start swiffering. my name is douglas. i'm a writer/director and i'm still working. in the kind of work that i do, you are surrounded by people who are all younger than you. i had to get help somewhere along the line to stay competitive. i discovered prevagen. i started taking it and after a period of time, my memory improved. it was a game-changer for me. prevagen. healthier brain. better life. >>> we're back now with more on our series state of extremism

issued for january 6th >>> and a whole new set of laws are just settling in from coast to coast our pete williams will give us a look on that >>> and new details on one of the most bizarre exits from professional football that we've ever seen. antonio brown jr. out, and "early today" starts right now >>> good morning thanks for joining us today. i'm stephen romo, and we begin with this morning with travel chaos just unfolding from coast to coast a combination of extreme weather and those covid outbreaks lead to thousands of flight cancellations over the weekend and hundreds more have already been grounded today. nbc's morgan chesky leads us off. >> reporter: the post-holiday travel rush from coast to coast. long lines from los angeles, ft. lauderdale, cleveland, and denver, where weary passengers grabbed a nab wherever they could. >> i had a couple of flights canceled yesterday >> reporter: nationwide, on top of the cancellations, more than 4,000 other flights have been delayed. airlines crippled by covid cases among their crew and severe weather. some families facing worst-case scenario

. >> nbc's pete williams first to break the news he's with us tonight on the impact to the court. who will the president nominate? an early look at the potential short list for what could be america's first black woman supreme court justice. >> we will uphold the principle of nato's open door. >> the u.s. rejects one of russia's main demands. the formal response delivered as the world waits to see what vladimir putin does next >>> stealth omicron. the new covid sub variant uncovered. why experts say it's no cause for alarm. plus a potential way to detect who is at risk for covid long haul >>> a royal in american court. prince andrew says let's go to trial ready to raise interest rates. how soon the hikes are coming. >>> a mystery in california. who is the snake burglar >>> live from cnbc, the facts, the truth, "the news with shepard smith." >> it's one of the most significant decisions any president can make, one that outlasts presidencies and has ramifications for decades to come, nominating a supreme court justice. president biden is getting his first and possibly only what happ

pete williams, nbc news, washington. >> all right. cheers to that. >>> at the top of the hour, omicron and winter weather causing a holiday travel mess for you. what you need to know before you try to head home. ♪♪ still fresh ♪♪ fressshhhhhh in wash-scent booster ♪♪ downy unstopables as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. >>> a very good day to all of you from msnbc world headquarters here in new york. welcome to "alex witt reports." breaking news on a story getting worse as this day goes on. new flight disruptions as americans are just trying to head home after

pete williams, do we officially call this a short list? and i say this, the three names i feel like i hear the most from the white house, is judge brown jackson, obviously, sort of been i guess compared to the person that we've heard the most, justice leondra kruger of california, supreme court justice, and judge michelle childs, who we know jim clyburn has been pushing. is that fair to call this a short list, or are we still too early there, pete? >> it is officially the short list as of thursday, 1:05 eastern time. these things tend to change. i know the administration has reached out to affinity group saying you know the names that we have, if there are any other african american talented people that you think we ought to be considering, let us know. so, you know, these things tend to change over time, and of course now the process begins, although i think it has to some extent already begun, looking into the backgrounds of these potential candidates. and of course this is why in recent years presidents of both parties have tended to ch

i think essentially what happened is pete williams broke the story. it is not entirely clear that the press corps knew it was happening. we heard in the last few weeks there is at least the possibility that justice breyer would retire. we don't have a statement from him. we have the white house telling us it is not official. we don't have a letter. may or may not be an event to announce it tomorrow. it is a funny limbo where it is announced. the white house is waiting for it to be formally announced. in june we get a letter from a justice. whatever happened it is not quite the norm. >> is it your sense that the political pressure and spoke out against the environment trying to isolate the court as not being a part of that public opinion suggest the opposite is true. 40% of the american citizens holds the supreme court in high esteem. is it the sense that the political reality maybe pushed up the timetable. is that some of the analysis? >> it's hard to think otherwise because we could have just anticipated an ordinary. he might have been worried that a

pete williams, nbc news, washington. >> thanks, pete. >>> "saturday night live" paid a special tribute to television icon betty white last night. they reaired the first and last episode she guest hosted in 2010. ♪ thank you for being a friend ♪ >> oh, that was just lovely. but i think i prefer my version. two, three, four! ♪ thank you for being a friend ♪ ♪ thank you for being a friend ♪ happy mother's day! >> she went along with so much. that was hysterical. betty still holds the record as the oldest person ever to host "snl" at age 88. "snl" tweeted, rest in peace, betty white, talking about how everybody could watch her with a photo of her an stage with some of the cast members. of course, leaving behind such a huge hole in hollywood. such an incredible legacy. she died on friday at the age of 99. let's go ahead and pop up, if we have it, a live view of the 30 rock christmas tree. might be one of our last views on the weekend show here. a lot of people already out and about early morning, ice skating. still unclear when the tree is going to come down. the 30 rock rockefe

pete williams, as always, sir, on the beat for us in justice. pete, thank you. >>> coming up, georgia, of course, has been my mind politically and legally as the district attorney in fulton county where i am right now wants a special grand jury to help investigate former president trump's efforts to overturn the state's election results. you're watching a special edition of "meet the press daily." results. you're watching 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 edition of "meet the press daily. 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! >>> welcome back to this special edition of "meet the press daily." i'm live here in atlanta where on the ground, i've been talking to voters and experts on the issues that matter ahead of the midterm elections. i spoke to young voters and organi

joining me now, myla wiley and pete williams. pete, tell us more about what the supreme court will be looking at in this case. >> it will be looking at whether or not affirmative action is constitutional or discriminatory, in both a private university, harvard, and a public university, the university of north carolina. the supreme court will be hearing these cases in the fall. but, you know, it's been six years since the supreme court upheld affirmative action, saying that colleges and universities can use it as one factor to be considered among many in order to achieve a more diverse student body, which the supreme court said has educational benefits. but a group called students for affirmative -- for fair admissions, rather, has challenged the process, saying that it discriminates against asian americans in the case of harvard and both asians and whites in the case of unc. two things have changed, jose, since the supreme court last looked at this issue. and that is the retirements of both anthony kennedy and ruth bader ginsburg

here with more is pete williams. >> reporter: abortion began dominating this supreme court term even before it officially started. in early september, the justices allowed texas to continue enforcing sb-8 while a battle over its constitutionality raged on. abortion providers can continue fighting in court, but made it nearly impossible for a successful court challenge. >> we can't sue clerks, the judges, we can't get the lawsuits blocked, and the lawsuit are what are making it impossible for clinics to open. because this law allows anybody to sue, anywhere in the world, against the clinics in texas. >> reporter: a ruling in an even more consequential case is coming by late june on mississippi's law that would ban abortion after 15 weeks. it would undercut nearly five decades of ruling starting with roe v. wade, saying that they cannot ban abortion before a fetus is viable. a majority of the courts seemed willing to uphold it. >> will this institution survive the stench that this creates? in the public perception that the constitution and its reading are just political acts. >> report

joining me is nbc news justice correspondent pete williams who was the first to break the news, as he always does. pete, good morning. walk us through what's next in the process and who is on the short list. >> well, the immediate next is that justice breyer will go to the white house this afternoon, we think, and formally hand the president his letter of resignation -- retirement, by the way. that's when we find out when he intends to step down, whether it's after all the decisions are handed down in late june or early july or when his successor is nominated and confirm. the white house at some point in the future will announce who the nominee will be to succeed him. our understanding is the two leading con ten jers are ketanji brown jackson, a federal appeals court judge in washington, put on the court to take the vacacy that merrick garland left when he became attorney general. she's a former clerk to justice breyer when he was on the court. the oh is leondra kruger, she, too, is a former clerk who clerked for justice john paul stephens. during the obama administration she was an a

so, quick action. >> pete williams, kim whaley, we'll expect quick action, as pete was saying. >>> a stunning new prediction out of florida this afternoon, scientists at the university of florida project that at the end of this wave, 80% of people in florida will have been infected with covid. 80%. right now, florida is reporting around 56,000 new cases every single day. nbc news correspondent sam brock has an exclusive look inside florida's largest testing lab. right now it is one of the busiest in the country. >> reporter: the united states is looking at a staggering level of covid infection right now, at least ten days of running. it took the u.s. six months to register the first 4 million cases. it's taken seven days for the latest 4 million, just to give you a sense of the astronomical level of infection. what this testing facility is doing is nothing short of remarkable, 40 to 50,000 pcr tests in this country. the demand has skyrocketed. they're telling me the positivity right now is 30 to 35%. at the beginning of december it was 2 or 3%. there is also conversations going on ri

williams is here. pete, why is the court's decision to hear the case raising alarms >> because this is the most serious threat in decades, lester, to considering a student's race in admissions the court agreed to hear two cases challenging race-conscious admissions at a private school, harvard, and a public one, the university of north carolina at chapel hill. the court has repeatedly ruled that a student's race can be considered as a plus factor in helping schools achieve the educational benefits of a more diverse student body, but two justices who ruled in favor of affirmative action in the past, anthony kennedy and ruth bader ginsberg, are gone they were succeeded by trump appointees brett kavanaugh and amy coney barrett. they haven't written much on the subject but it's likely they'll be more skeptical. the court will hear the case in the next term which begins in october and that means a decision is at least a year away. lester >> thank you for that. >>> up next, as tax season begins, what you nee

joining me, nbc news justice correspondent pete williams, nbc news digital senior reporter ben collins, and nbc news capitol hill correspondent leigh ann caldwell. pete, what can we expect from these two court hearings today and what do these charges tell us about the doj's investigation right now into the january 6th attack? >> oh, these charges are a formality, because they were arrested in both texas and arizona. they will have an initial appearance before a federal judge. and then arrangements will be made to get them back here to washington where all these cases are now consolidated here in the u.s. district for the district of columbia. and that's where they would stand trial. so the first order is to formally present the charges. then at some point the magistrate judges will set a date possibly for a detention hearing. there will be maybe another detention hearing when they get here to washington. so these are all preliminary steps. as for what these arrests say about the investigation, remember that these charges build on an existing conspiracy charge against the oath keepers.

. >> pete williams want to bring in with you somebody who has just popped up on our screen here nina totenburg. so great to have both of you here. pete, let me start with you. much has been said and we talked a lot over the course of the last 24 hours on air about justice breyer. look ahead to people likely to replace them. two to three names that are on everybody's tongues at this moment. we don't know who the pick is going to be but the short listed frontrunners. tell me about them and then, nina, i want to ask you about them, too. >> same names we have been hearing for about a year when justice breyer should step down and the white house has had plenty of time to look at them. they continue, those who are judges, hand down new decisions and that adds to the homework. but this is not, this is not a process that is just getting started. that's one point i would make. in terms of the nominees, ketanji brown jackson a federal appeals court judge in washington and put on the court to fill the vacancy after merit garland left to be attorney general. she knows her way around the supreme

nbc's justice correspondent pete williams now pete, the court has changed considerably since the last time we heard a similar case on affirmative action. >> reporter: yes, and i think that may make all the difference because this is going to be the most serious threat in decades to the practice of considering a student's race in admissions, and it could result in a decision that either bans it completely or vastly scales it back the supreme court has repeatedly ruled, most recently just six years ago, that schools can't use quotas to make racial admissions goals but they can consider a student's race as a plus factor, looking at it among other qualities in helping schools achieve the educational benefits of a more diverse student body the challengers, though, say that is a vague concept and that if the schools want diversity, then they should consider a student's background and experiences directly without using race as a proxy. but the change that you're talking about is the fact that two justices who ruled in favor of affirmative action in the past, anthony kennedy and ruth bader gi

. >>> special coverage of the january 6th insurrection continues, up next, our very own pete williams gets behind the scenes access with the agent leading the fbi's investigation into the riot. he'll tell us where things stand right now. >>> plus, the impact january 6th could have on the next election. we'll talk to congressman castro about the future of voting rights next. you're watching "jose diaz-balart reports." and a real estate agent. after having a kid, everything that you used to do for yourself goes out the window. the lines that i was seeing in my forehead were getting deeper than i was used to them being. and i realized, you know, what i can focus again on myself. so, what do you see when you look at yourself? i see someone who is growing and changing, who loves and is loved. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, o

pete williams and peter alexander and garrett haake. a big thanks to all of you. >>> for so many members of congress, the experience of january 6th was harrowing. they were there to do the people's work, certify an election, not fight for their lives. and the dallas morning news gives us this picture of democratic congressman collin allred's experience. quote, as a violent mob of president donald trump supporters pounded on the house chamber's doors after breaching security at the u.s. capitol, collin allred, a hulk of a man who once played in the nfl, took off his jacket and tie. i was prepared for whatever might come, he said. the second-term democrat then texted his wife who was at home with their 23 -month-old son, jordan. whatever happens, i love you, he wrote. she texted back, i love you, too. congressman allred joins me now. congressman, you and your colleagues, gas masks in hand, evacuated from the house floor as the glass of the barricaded doors was being shattered. what was going through your mind that day, and how are you doi

our "sunday focus" this morning from pete williams. >> i, stephen breyer do solemnly swear -- >>> when federal judge stephen breyer was nominated to the supreme court by president bill clinton in 1994, he was confirmed by the senate 87-9 with the support of 33 republicans, but those days of easy, broadly bipartisan confirmations seem a distant memory. two of president trump's supreme court nominees atabted only a few democratic votes. amy coney barrett got none. >> this is the most unethical sham since i've been in politics. >> reporter: now with the senate evenly split along party lines for only the fourth time in u.s. history, president biden is about to nominate justice breyer's successor. >> someone with extraordinary qualifications, experience and integrity and that will be the furst black woman nominated to the supreme court. it's long overdue. >> ketanji brown jackson was a federal trial judge and now an appeals judge pap harvard law grad she's 51 and has twice been confirmed by the senate and by a 53-44 vote to the appeals court. she's one of justin breyer's form are clerk. >>

our justice correspondent pete williams, not typically a man know for hyperbole describing it last hour as blockbuster. pete, again, this centers around the process of two well-known universities. tell us about the case and when are the arguments set to start? >> the two universities of harvard and the university of north carolina at chapel hill. the reason it's such a big deal is this is the first challenge, the first and most serious challenge to affirmative action since the supreme court last upheld the practice. now, the issue here is the use of race in college admissions, not strict quotas but the ruse use of race as a plus factor in deciding whether admitting that student would add to a university's diversity. it's on that basis that the supreme court has repeatedly upheld affirmative action. but the challengers say this issue of racist diversity is very aamorphous. the university has prevailed in the lower courts and the supreme court's decision to take these cases is an ominous sign for defenders of affirmative action. the big change in the supreme court is that two of the defen

nbc news justice correspondent pete williams with us now. what else are the feds revealing here, pete >> reporter: well, a lot of what you've just described was in the original oath keepers indictment, reincorporated today. and what they add now is a lot more that we didn't see before from encrypted app communications, chats that stewart rhodes had sent to his leadership team. and what the government says is that as early as two days after the election, he began messaging his team, saying that they needed to prepare for violence to try to stop the vote count and prevent joe biden from formally being elected president, and that he repeated this and amped it up in the months that followed, eventually coming to washington on january 6th but not entering the capitol. and another new thing here, shep, is they say that after the january 6th siege of the capitol, he continued to plan for violence, continued to message his supporters and spent $17,500 himself buying weapons >> the seditious conspiracy charge one of the most serious yet, and you wond

going to what pete williams was saying before s. that was more of a statutory interpretation, and also the abortion cases. when conservative justice are making it clear, they're poised to overhurricane roe v. wade, breyer fighting against that, but you have to wonder -- obviously his replacement isn't going to change the ideological balance on the court, but it prevents the court from becoming even more conservative. this decision ensures a liberal replacing justice breyer that could serve for many years to come. >> let's change in a different angle with jon and mussina. jon, you've been an on again/off again sort of whisperer to the president. he made this pronouncement during a debate in 2020. it was an important moment, he thought it was an important promise to make. why? >> i've never talked to the president about this particular issue. i can speculate, the cultural significance, the genuine political significance of diversity. it makes sense. if you're looking at the panoply of the country, looking at america in 2021, what have

joining me is nbc news justice correspondent pete williams, chief legal correspondent and host of "the beat" ari melber, kelly o'donnell and "slate" legal correspondent dahlia lithwick. pete, you broke this news. justice breyer himself has not announced it or made it official but can you tell us anything about the decision-making process behind his decision to retire? >> well, our understanding is he came to this decision within the last several weeks. he's obviously in good health. he is 83. he's the court's oldest member but that apparently did not -- his age or health did not play a part in this. we're told he's well aware of the current political climate. in the past supreme sort justices did not time their decisions in terms of stepping down in terms of elections or political considerations but things are so much more acrimonious now and over the past year, he's been progressives have had a steady drumbeat suggesting that he should step down while democrats control both the white house and the senate, which would have to vote on confirming his successor. so we believe that his dec

pete williams, you always keep it real. thank you so much for joining us, i appreciate it. >>> coming up, president biden keeping pressure on senators manchin and sinema after they seemed to torch hopes for voting rights legislation. i will be asking congressman ro khanna what could still be on the table for democrats. >>> later this hour are presidential debates done? well, the rnc has a new threat to block gop candidates from participating. a new threat a new threat to you may be missing a critical piece. preservision. preservision areds 2 contains the only clinically proven nutrient formula recommended by the national eye institute participating. amd progression. "preservision is backed by 20 years of clinical studies" "and its from the eye experts at bausch and lomb" so, ask your doctor about adding preservision. and fill in a missing piece of your plan. like i did with preservision" ♪ ♪making your way in the world today♪ ♪takes everything you've got♪ ♪ ♪taking a break from all your worries ♪ ♪sure wou

thanks to pete williams, too. will have more on this. that does it for us. "deadline: white house" starts right now. ♪♪ >>> 4:00 in new york. the ex-president having his damn right i called the code red moment last night. confessing to the whole thing. a statement that reveals he knows he did not win the 2020 election. he simply wanted mike pence to overturn the real result of the election and most alarmingly, the commitment to the plot he hatched to cling to power. the admission about donald trump's role in the coup plot was not hidden. nor coerced. the admission of glt

nbc news justice correspondent pete williams. politico national correspondent betsy swann. and former u.s. attorney barbara mcquade. betsy, this is your reporting, you're the one who saw a draft of this executive order. what exactly did it say? >> the executive order lays out a plan by which former president trump would have essentially deputized the defense secretary to seize voting machines. the defense secretary would then have 60 days to write an assessment of what happened during the 2020 election. this executive order, in addition, would have established someone to act as a special counsel to investigate what happened during the 2020 election. that 60-day window of time is really important because the executive order's draft date on the document that i reviewed is december 16th. so this order would have had the defense secretary start doing work that it would have taken him two months to conclude, going of course all the way into mid-february, long after president biden would have been inaugurated. one very important piece of context about this executive order is ther

williams >> reporter: on the day georgia was holding a hotly contested special election last year to fill two vacant seats in the u.s. senate, the fbi says a message popped up on the internet ad service craig's list, offering $10,000 to kill election officials in the state. according to court documents, it said it's our duty as american patriots to put an end to the lives of these traitors it used the word "exterminate" and advocated a specific act of violent it said could send a very clear message. officials charged the man, chad christopher stark, with a federal crime of sending an interstate threat. the attorney general told the u.s. conference of mayors today that cases like these are a priority. >> there is no first amendment right to unlawfully threaten to harm or kill someone >> reporter: janice, detroit's top election official, said she started getting threats soon after declaring that the 2020 vote for president went legally. she says a man confronted her on the street and said he'd blow up her house. the police informed her that a white supremacist threatened her life. >> i

>> yeah, close to that area there. >> our thanks to pete williams for that reporting. coming, up the powerful message around how we deal with trauma, whether personal or, shared win "the 11th hour" continues. hour" continues. the last thing before we go tonight is about trauma. maryland congressman jamie raskin and his family experience profound trauma a little over a year ago when their 25 year old son tommy died by suicide on new year's eve. in his book unthinkable raskin is open about losing his son. on deadline white house he today he explained nicole wallace explained why he thinks it is so important to be public about his family's experience. >> you turn on some of the news and you look at the internet, you would think that america is all about violent polarization and mutual hatreds. and that's not been our families experience. we have had wonderful messages, thousands and thousands of messages from people across the country across the political spectrum, reaching out to us. we have had veterans who have battled mental illness, a veterans families who have lost

pete williams will take a look at breyer's legacy as one of the three remaining liberal justices on the bench coming up at 6:30. >>> it's a high-stakes waiting game, after a written response was made to russia over ukraine. nbc's alice barr is tracking the story in washington, d.c. >> reporter: today, dueling demonstrations of military might highlighting the growing tensions in ukraine. secretary of state anthony blinken announcing the u.s. has sent moscow proposals in writing, aimed at deterring russia from invading ukraine. >> the document is with them and ball's in their court. we're prepared either way. >> reporter: u.s. air men loading weapons as russia ramps up military drill near the border, including sending more fighter jets to neighboring belarus. 8500 u.s. troops remain on stand by. russia has denied it plans to invade, but is now threatening retaliation if its security demands are not met. the u.s. has already warned some are unacceptable, including guaranteeing ukraine will never enter the nato alliance. secretary blinken would not share details but noted it clearly states