setting the water heater down and using the cold water setting when doing laundry. changing those air filters can really make a difference, chris. >> marissa parra, important information, thank you for that. that's going to do it for us this hour. joining us for "chris jansing reports" every weekday 1:00 to 3:00 p.m. eastern on msnbc. our coverage continues now with "katy tur reports" ♪♪ good to be with you, i'm katy tur. is d.a. fani willis moving faster than initially expected. one of the witnesses being called to testify just posted on social media, quote, change of plans. i'm going to court today. they're moving faster than they thought. george chidi, a local journalist who uncovered the fake elector plot had said he was scheduled to testify tomorrow. does that mean we might something out today? we know the grand jury is meeting. we know willis is presenting her

election interference case. and we know that multiple witnesses are likely inside. what we do not know yet is when we will know. indictments aren't usually sealed in georgia, so we would likely find out the moment it is filed. who exactly is going to be charged, if they are charged? is it one person or multiple? the initial grand jury investigating the case recommended charging 12 people. what will be charged? is it racketeering, conspiracy, false statements, solicitation, and how would those charges apply? looking ahead to if and when a trial date is set, what will that trial look like? emphasis on look. unlike federal trials, court cases can be televised. we could get answers to all of these questions and more very soon. so let's get into both the reporting and the legal analysis. starting us off with the

reporting is nbc news correspondent blayne alexander. nbc news justice and intelligence correspondent, ken dilanian, and the "atlanta journal-constitution" senior editor of trump grand jury coverage, shannon mccaffrey. welcome, and thank you. let's start with george chidi and jeff duncan who might be testifying earlier than expected. why is it significant that she's showing up today instead of tomorrow? >> i'm going to take the last parts of the question first. that gives us insight that it is moving faster than anticipated. george chidi, and duncan said they needed to show up tomorrow morning. fact that they have gotten the seemingly sudden phone calls from the d.a.'s office telling them, actually, change of plans, get down here within the few hours and come testify today shows that they are moving more

quickly than perhaps they anticipated. when we ask who george chidi is, he's a freelance journalist. why he's important to this case, though, he's somebody who unexpectedly discovered this meeting of georgia's alternate electors, the slate of 16 fake republican electors, meeting in the state capitol. he talks about a rather dramatic scene where he walked in. he was ushered from the room, told it was a meeting about education. but we do know that obviously the d.a. is going to present that as part of her evidence. it's something that she's looking into, the slate of fake electors. giuliani's presentation before lawmakers, before state lawmakers, we saw two of those state lawmakers complete their testimony early today. so, katy, what this is doing, all of this is giving us pieces of a puzzle that tell us, one, how she's making this case before the grand jury, and again, two, that timing that is moving faster than expected. >> beyond george chidi, who have we seen going into the courthouse today and what do we expect is happening behind those closed doors?

>> we know a former state senator, jim jordan, former state representative, vi nguyen. they have come and gone, confirmed that they have testified. we know george chidi, geoff duncan, our colleagues saw gabriel sterling also entering the courthouse today. he is somebody who theoretically would be key in the d.a.'s presentation, of course he can speak to the pressure that was allegedly put on raffensperger, the phone call to find more votes in order to overturn biden's vukt ri in the state. as for what's happening, those people have testified, more are coming forward to testify. the question now is what else is there. what other presentations does fani willis have to make. we know these are the greatest hits. 75 witnesses during the special grand jury period. these are the people she's counting on to seal the deal as she makes her case before the

grand jury. now we're just waiting to see when that wraps up and when we could see a vote, katy. >> and it could possibly happen today. ken, lay out the scope here. what charges could be coming, emphasis on could? >> could is a good word, katy. it's a secret process. there's been a lot of reporting suggesting that fani willis is building a racketeering case, and there would be predicate crimes as a part of that. that's a sort of catch all conspiracy, so one of the possible crimes is forgery, another is false statements. essentially they're looking at a setting of actions taken by donald trump and the people around him to try to stop the lawmaker transfer of power in georgia, including his efforts to pressure state officials, the creation of that false slate of electors, a data breach in one of the counties, and so what's interesting about this case is on the one hand, it's much narrower in scope than the federal case that jack smith brought. it involves mostly the actions of a single state. we believe she's going to charge

a number of defendants, well beyond donald trump, as many as 20 people have been told they're subject to charges in this case. in that sense it could be a broader and bigger and more complex case that potentially could take longer to go to trial. >> we have been following this so closely. because we're following so many different things at the same time, different indictments, allegations and cases, i'm hoping you can remind me and everybody else what the key moments are in the efforts to overturn the georgia election. what has d.a. willis been looking at? >> sure. well, you know, we're looking at two and a half years ago, and after two and a half years of being slow, suddenly things are moving very fast. there were key moments, most people remember the phone call that trump made to georgia secretary of state, brad raffensperger, that phone call when it was leaked showed trump asking him to find additional votes so they could overturn the results of the election. joe biden won the state by a little more than 11,000 votes.

that was really sort of what got the ball rolling, but, you know, they're also looking at a december 14th meeting where there were phoney electors who met at the state capitol the same time that the democratic electors were there, certifying joe biden's win. that's definitely been of interest to them there is also the presentation that giuliani made to state legislatures as part of a hearing, he had a video of what he said was election fraud at the state farm arena. folks will remember that, there were two poll workers, ruby freeman and shea moss harassed and received death threats. >> what about coffee county? what happened there? >> coffee county is one of the, you know, most people would think why is the district attorney looking at a small georgia county. racketeering, you can look more

broadly than outside your jurisdiction. the day after the attack on the capital, there were pro trump supporters, they were welcomed into the coffee county board of elections, spent the day there and copied hardware and software from the georgia election machines. this is sensitive material that people are not supposed to see and touch. they spent the day there copying that material. that has been one of the under covered areas of this whole saga. you know, because i think it's outside of atlanta, but certainly i think that's going to be included in the indictment as well. >> blayne, i was just told you have some new reporting for us that you have been able to gather in the past couple of minutes. >> reporter: yeah, katy. we got a little bit more when it comes to timing on this. this is according to a source of mine with knowledge of the proceedings. i'm told that as of 20 minutes ago, they're currently on witness number five of ten. so that certainly gives us a lot

more insight into how this is moving, how quickly this is moving. as of 20 minutes or so ago, they were on witness number five of ten witnesses they plan to call. they're about halfway through these proceedings, but again, clearly moving more quickly than they expected it to move. yes, could see something come down today, and that certainly moves up the time frame a little bit as well. >> it's 3:00 p.m. there. when did this grand jury start meeting today? >> they typically start at 8:30. they don't know exactly, but typically it's 8:30. the question, then, becomes who are these witnesses? we know she kind of, at least as far as the summons and subpoenas went out, she kind of front loaded it with more of the important witnesses. we're talking about the two state lawmakers, we're talking about if gabriel sterling was, in fact, a witness. we saw him down here. those are people that probably had heftier testimonies, possibly had more to say, versus george chidi, geoff duncan, people we have referred to as

the clean up hitters. the question then is who are the remaining people she's calling to testify, how long will that testimony be, and i think that those kind of unanswered questions could help us have more insight into how much longer this could possibly take. >> do they go past 5:00, 6:00, 7:00, can they extend the hours? >> reporter: the courthouse closes at 5:00. what's interesting about georgia law, an indictment has to be unsealed immediately. that means a judge has to be present on the bench, the indictment has to be brought into a courtroom, while there is an open proceeding, while there is a proceeding going on, a judge on the bench. court cannot close, so if we get to 6:00, if we get to 7:00, and the courthouse doors are still open, again, that's us reading the tea leaves. that's a pretty good indication that they may be trying to keep the court open for a special reason, and we would assume it has to do with this. >> this is when it's helpful to have somebody down there who's steeped in the ways of georgia.

thank you for that. back to you, ken, on the subject of who, and i know we don't know exactly who might be charged or who will be charged. we do have an idea of who might be charged in the target letters. we know big names like rudy giuliani, potentially, sidney powell, potentially, donald trump, obviously potentially. what about the fake electors, is there anything else? >> eight of them have gotten immunity, katy, so the rest of them potentially are liable for charges, and there's a number of people probably known and unknown in this case who are -- we may see some surprises. that's the interesting thing about a sprawling 2 1/2 year investigation, and what's deeply significant about it for me sitting here in washington, covering these justice department cases is that this is the case that donald trump, if he's elected president, cannot make go away. >> that's a very good point. you can't pardon yourself out of a state charge or a state trial.

you can't dismiss it like you can the special counsels. >> i want to ask about the politics, we have seen across the country nationally speaking. donald trump appears to have been boosted by all of the indictments. the "wall street journal" had interesting reporting, though, today about how georgia was different. what have you been able to gather about georgia republicans and where they stand with donald trump? >> well, i point out that georgia has had some election fatigue, i think, generally because we have had two incredibly intense runoffs in the last two cycles. one of them after the 2020 election, and then the senate race in 2022. i think folks are tired of elections here, back to trump, he is leading his nearest competitor by 20% points according to the most recent state poll. there may be fatigue related to him, and you know, brian kemp is not his biggest fan. they have had a strained relationship, but if you look at the numbers, he still has the overwhelming amount of support here, and is still really

beloved by the gop base. >> has he gained voters, gained supporters, has he turned any of the independents or the moderate republicans back in his favor because remember donald trump lost georgia? >> yeah, and i think what will be interesting, too, is one of the reasons donald trump lost georgia was because the suburbs went the other direction, and you know, these tend to be, if they are republicans, they tend to be more moderate republicans. they're not as hard core maga as folks in the rural counties. this doesn't seem like it's going to help him in terms of bringing those voters back. >> shannon, thank you very much. ken and blayne, thank you as well. up next, that is the reporting. we're going to get the legal analysis in a moment. again, who could be charged, what could they be charged with, and what is the possible jail time. all of the analysis in a moment. plus, the death toll is nearing 100 as more stories of survival come out and more horror from what happened that day. what went so wrong in hawaii? later, hunter biden says the doj walked back part of his plea

agreement. what happens now that david weiss is a special counsel. we're back in 60 seconds. specil we're back in 60 seconds my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. subway's now slicing their deli meats fresh. that's why the new titan turkey is proferred by this football pro. and proferred by this football pro who actually uses her feet. and if we profer it, we know you'll prefer it too. i use my feet. have you seen me scramble?

joining me now, msnbc legal analyst, lisa rubin and joyce vance, ladies, thank you. talking about if the doors stay open, what we could be waiting for, the witnesses that we've gone through, five out of the ten, and maybe the second set of witnesses might be the shorter ones, and not the lengthier interviews like we saw earlier. so i'm going to jump to the question of substance, what are you watching for in substance? >> well, obviously like lots of other folks, katy, i'm looking to see whether there's going to be a charge under georgia's racketeering statute, which is more expensive than its federal equivalent and imposes a mandatory minimum sentence of

five years that goes up to 20 years. i'm also looking to see whether fani willis tries to bring charges of those same crimes, so a racketeering charge means that a group of people is engaged in a pattern of activity to commit crimes together, but you don't necessarily have to charge them independently with those crimes. in georgia, however, they might. and i'm looking to see whether anybody is charged with things ranging from solicitation of public officials to do things other than their real duties, false statements, witness tampering. all of those could be encompassed in the facts we know about after the 2020 election in georgia. >> there's so many different people that fani willis could be looking at, lawyers, sidney powell, rudy giuliani, the fake electors, potentially officials in the state. there's donald trump, how much exposure, though, joyce, can you just remind us that donald trump has in this case specifically.

would you expect if he is charged for it to be one charge or multiple? >> so in a case like this one, i think we would be looking at multiple charges, and that's typical when you have a rico indictment. lisa is dead on the money when she says that analysts are expecting that willis will bring charges under rico. we've talked about it a lot, katy. it's the statute normally used to go after organized crime because you have the situation in organizations like that where the folks at the top don't actually top the criminal conduct. they might not touch the drugs. they might not be involved in trafficking people, and nonetheless, you can link them together as part of an ongoing criminal enterprise, and charge them that way. that's sort of the theory that would be used here. and implicit in that would be a number of substantiative offenses. conspiracy, i think we would see several of those charges involving some of the conduct. solicitation of crimes, particularly those related to

the election. so i would expect a broad encompassing indictment. that's the whole point of rico. it let's you bring in evidence about a lot of different conduct. normally, fani willis is restricted to indicting only cases that take place in her home county, fulton county. rico gives her a broader reach. it might bring in the coffee county claims, for instance, that you were talking about in the first segment. >> what do we know about fani willis and the way she lays out her charges? we're talking about the special counsel, we've gotten used to speaking indictments where they lay out a narrative, lay out a story. we have seen that twice from jack smith's team. should we expect the same sort of things, we're given a lot of the facts and she's telling the story. or do you think this might be a bit dryer? >> i don't expect a dry indictment. in fact, in state court, she'll have a little bit more latitude if she chooses.

it's a strategic decision she'll have to make. she's no stranger to bringing rico indictments. she understands how to strike the balance in these early stages so that her evidence can go in at trial the way she wants it to go in, and something that folks who aren't from the south, and may not be familiar with fani willis need to know is that while she's the elected district attorney in fulton county, she's someone with a deep background, doing complicated cases herself. she's not the bus, the supervisor, she's the bus who's been there charging rico in some very unusual situations. one involving educators in the atlanta area who were involved in a fraudulent test score rigging scheme. and so she took rico out of its native territory, organized crime, and used it very successfully in that incident. >> known as a tough on crime prosecutor, lisa, let's talk about donald trump's own words and the way that he has gone after not just fani willis and the judges and witnesses

potentially, but one specifically today after geoff duncan. he is said to be testifying today in front of the grand jury, according to the agc, a day early. here he is going after him. he shouldn't, he says, he shouldn't be testifying. can this be considered in the future witness tampering if he were to do so again? >> it looks like the epitome of the georgia witness tampering statute, which is also a predicate crime under georgia's rico statute. one other thing that i want to point out to our viewers that's unusual about georgia's rico statute is it also encompasses attempts to commit underlying crimes, and not just competed crimes. so if you attempt to intimidate a witness or you attempt to solicit someone to commit election fraud as with, for example, the brad raffensperger call, where you don't succeed, but sure as heck make a good faith, or not a good faith, but a good try at doing it. that's part and parcel of what

can be considered a rico charge as well. that geoff duncan tweet or truth social post is certainly one that left me scratching my head about the quality of legal advice that donald trump is being given or the extent to which he's listening to the high-priced lawyers that are advising him in this matter. >> ladies, thank you, and i want to add, if donald trump is indicted and if this does go to trial, in georgia, trials like that can be televised. it's pretty routine. like the other cases currently facing donald trump, this is one that the public could see. coming up next, what hunter biden says prosecutors reneged on in his plea deal with the government. first, though, we check back in with a family we spoke to last week on maui who were looking for their loved ones in lahaina. where their search stands and what they say they need now. where their search stands and what they say they need now. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein.

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saw one friend dead on the ground like a piece of charcoal, like pompey almost, just dead. there was nothing you could do. it was that fast. >> we've been to the police station, we called the red cross, anywhere that we can find them, but nothing. no zero. >> try and get us out, evacuate us. no. we're mad. we're mad. not only did we lose our homes, we lost our town. >> people in maui are understandably upset, and they are angry. they want to know why they didn't know to leave, why the alarm system didn't work. but first and foremost, survivors are telling us they need help, and they need it quickly. the basics like food and water and shelter. but also secure long-term housing. and expedited permitting to start cleaning up and rebuilding, not to mention money, likely a lot of it. and fast. the devastation is enormous and

overwhelming. the images out of lahaina don't even look real. blocks of buildings are now fields of ash. a traffic jam of metal car frames burned straight through. leaving questions of what happened to the people inside those cars. the bright orange x marks the places that have been searched for remains. which as of now is only 3% of the affected area. officials estimate more than 80% of the structures have been incinerated. the death toll now stands at 96 but with so little searched and so many still missing, there are real fears that number will climb potentially a lot. hundreds of displaced families are being asked to give dna samples to help identify the dead. that's the only way they can be identified. the fire, after all, was so hot and burned so fast, a mile a minute, that either you made it out or you didn't. either you got out before the

flames reached or you fled to the water and you prayed, like this couple who stood in an apartment complex pool as everything around them burned. for this family who clung to plywood and treaded water, waiting for help. the man in white, he's holding on to a stranger's 2-year-old. joining me now from maui is nbc news correspondent dana griffin. it just gets harder every single day. tell me the latest from where you're standing and talk to me about the anger that is really starting to gather. >> reporter: katy, a lot of people frustrated. there are shelters of people receiving resources, fresh food, clothing, toiletries, but the people in lahaina and beyond are in desperate need of some of those items. the road is still closed off to people unless you can prove that you are a resident there, and i even spoke to a woman who is

frustrated because honestly some of the tourists here are doing things that are concerning for people. this is a very sacred area, and you know, they have noticed some things that have been happening. local officials have said that tourism is still ongoing, especially on the east side of the island and other islands in hawaii, but on the west side, there's still a recovery mission. listen to what one come shared with me. >> the beaches in lahaina, jumping into the waters why there's still bodies, they're still trying to pull bodies out, 48 hours later. that is so disrespectful. >> it's a big slap in the face. >> treated the way you do. and that's so disrespectful. >> there is no aloha left you, guys take it. >> reporter: a lot of frustration there. in fact, the maui snorkeling company, they issued an apology. they said that they took that snorkeling trip on the morning of the 11th because they wanted to collect donations to send to

the maui food bank, after realizing it created so much controversy and really impacted a lot of people, they said they are planning to suspend their operations for now. >> that is horrifying. i know officials have said, please, it's not the time to come if you're a tourist. cancel your trip. jason momoa, come back later, not now. there's too much going on. thank you very much. joining me now is resident tiari lawrence. i'm happy to have you back. i have been thinking about you and wondering whether you have been able to find your family. have you? >> we found our immediate family members, but we still have a lot of friends still missing. >> gosh, and is the cell service back? are you hoping that maybe they just haven't been located in a shelter or are you preparing yourself for something worse? >> sorry. >> that's okay.

>> i'm sorry. my 81-year-old grandfather is staying with me, and anyhow, yeah, we were trying to locate them. i think it's safe to say that they're no longer here with us today. we've spent the last five days trying to find them. that's kind of where we're at right now. >> have you been able to get into lahaina? >> i have. fortunately the county administration has allowed me to organize donation supplies going in and out to lahaina every day, so i have been working tirelessly with my canoe club in ensuring that those necessities get to the families in need. >> what was it like, and tell me what you need right now. >> i think right now, we just

need the prayers, and you know, we need the money to rebuild our town. this is going to be a long, long road ahead of us. and we're just trying to fund raise and make sure that the displaced families can go back home one day. there's a lot of realistic speculation happening right now that is really frustrating and i want to remind all of you real estate investors around the world, like lahaina is not for sale. please don't reach out to these families and take advantage of them during the most devastating time in our lives. >> we heard from our reporter and a couple of women were upset about what tourists are doing, and now you're telling me, there are real estate investors reaching out to people about their property. what's going on, exactly? >> yes, homeowners have been reached out by investors and realtors, offering to buy their land. and this is disgusting. disgusting, and we just want to make sure that people around the

world understand our situation and know that lahaina is not for sale. it is important that the multigenerational families that come from lahaina get to continue to live in our hometown. >> let me ask you about hawaii officials and the government. i know that the alarm system failed. they didn't go off. the text message system failed because cell service was bad. are you hopeful that they will intervene and protect lahaina as a place for locals and tourists, but a place for locals instead of real estate investors looking to rebuild it differently than what it was? >> yes, we need to work as a community to ensure that we have a seat at the table on how our town is rebuilt and what that looks like. and it's important that we make sure that the cultural history

of lahaina, the integrity of lahaina is protected, especially for native hawaiian families, we as a community have been displaced so much. you know, the cost of living in hawaii is so high. your media house goes for a million dollars. so, you know, already dealing with that, and having an affordable housing crisis, and now this, just really scares me and concerns me there will be more native hawaiian displacement happening among our community. >> that is so hard. can i ask you how your cousin is doing, how dustin is doing? >> he's okay. you know, we're just comforting each other at this time. everyone is living with me. i have a three-bedroom home. i have two families living with me. through it all, we are enjoying each other's time right now, and being there for each other. that's what matters motor. >> tiari lawrence, thank you for

coming back on. i'm glad your immediate family is safe. i'm horrified for your friends and horrified for the island, if it isn't able to rebuild in a similar way. i know you can't rebuild all of that history, but i do believe in the island, i believe in the people, you guys are strong and best. >> thank you so much, please keep the prayers and donations coming our way. aloha. >> tiari, thank you, we'll be right back. tiari, thank you, w right back age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv ♪ tourists

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hunter biden's attorneys are accusing the justice department of reneging on a major part of the plea agreement. arguing the deal already signed by both parties allows hunter biden to enroll in a diversion program for gunned offenders in exchange for immunity from future federal prosecution. the biden legal team claims that deal is already in effect despite the shaky status of the plea agreement. joining me now is nbc news investigative correspondent tom winter. untangle this for me, tom. >> you'll remember, there are two separate agreements, one about the gun and one act the tax. and their argument is the pretrial diversion agreement which you laid out is an agreement between the two parties, we're not going to prosecute you federally for this gun charge if you follow the conditions of our agreement, and it's not something that even typically goes before the court. in other words, it's not something that a judge typically approves, unlike a normal plea

agreement. so they're saying, prosecutors have signed this agreement, we've signed this agreement, so it's in effect. >> following the orders of the agreement, is that the broader plea deal or just the specific parts of this agreement for the gun charge? >> the latter. it's the specific parts of the agreement for the gun charge. however, there's a bit of a sticking piano. it also has to be signed by probation. and it's our understanding that that part hasn't been signed. they are trying to make an argument that part of this is in effect. that takes care of the gun component of this, and the tax component is entirely separate, a separate plea agreement, and that will likely go to trial. >> the question is why now, why did david weiss become a special counsel here, and i guess hunter biden's lawyers are saying it's because they couldn't agree on a plea deal. >> they couldn't agree on the terms of the plea agreement, i think it's going to have to do with the idea of immunity, what types of conduct hunter biden committed in the past that they would be prevented from charging him in the future, and it seems

like there was a seismic breakdown over that, and that's where this fell apart. at that point, david weiss had no chance of filing charges in delaware because he had no venue to do. so there's nothing in the plea agreement, the statement of facts that ties anything to delaware. at that point, they had to look to say, where could we try hunter biden. that's going to be the central district of california, and it doesn't necessarily have to be the same charges they talked about before. it's possible they could add charges, make the charges more serious. they could keep the same type of charges they were circling on the plea agreement. time will tell on that. district of columbia is another option to file charges. most likely it's going to be central district of california, los angeles. >> got it, tom, thank you. joining me is msnbc legal analyst, and former u.s. attorney barbara mcquade. talk about what tom was mentioning, the seismic break down between hunter biden's attorneys and prosecutors. >> there's a case out of the

supreme court called santa bellow that says once a prosecutor makes a promise to a defendant for a plea deal, it's enforceable, and so i think that hunter biden may have an argument here that if they promised immunity from other charges that might be enforceable. i think the challenge here is that the language they used in this deal was somewhat flawed. the reason the judge rejected it was she seemed to believe there was not a meeting on the minds of exactly what was being covered, and it required her to get involved to determine whether there was a breach in the future. it may be, katy, that they were trying to sort of trump proof this plea deal. even if david weiss and hunter biden's lawyers had an agreement, the concern was down the road in a trump administration or administration of other president, some justice department could come back and say, we've looked at this, and we think you failed to live up to the terms of diversion, we're going to prosecute you for lots of more serious crimes. i think that was the assurance

hunter biden was looking for here. it fell apart when the judge said i'm not going to be the one to make the decision. that's the government's view. it's a bit of a mess. i think hunter biden may have something here on the promise based under the santa bellow case to enforce the promise they want to do that. >> trump proofing is interesting. you're telling me the prosecution david weiss could not have done that on his side, that it was up to the judge? >> well, it seemed david weiss wanted to do that. the concern was with a two-year pretrial conversion program, it could be that we get into the next presidency of the next president that will take office in two years. we'll have a new president in 15, 18 months. in a new administration if the pretrial diversion had not expired, a new administration, even if hunter biden trusted the department of justice today, in a new administration, they say say, we found a breach, the deal is off, we're going to prosecute you for everything you have done

since the beginning of time. seems the uncertainty is what both parties were trying to avoid here. drawing the judge into it, something she objected to, the language of the agreement was flawed. >> this is all still weedy. we'll wait for clarification when the special counsel gets to work, whether or not there are new charges filed in california and d.c., as tom winter just mentioned. barbara mcquade, thank you very much. coming up, how the police raid of a kansas newspaper has become a battle over the first amendment. a raid so traumatic, the newspaper's publisher is blaming it for the death of his mother. g it for the death of his mother

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caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. a local kansas newspaper says publication will continue in the aftermath of a police raid that they argue violated the first amendment. the publisher of the number compared it to stalinist russia, said it is the reason his elderly mother died just one day later. correspondent stephanie gosk explains what happened. >> reporter: the publisher of a small local newspaper, eric meyer said his elderly mother died because the raid was so traumatic and asking why it even happened in the first place. national attention on a small kansas town after police raided a local newspaper, seizing computers and phones. the raise captured here on

surveillance obtained by nbc news has made headlines nationwide. stirring a debate over freedom of the press. >> we're letting this gestapo like tactics, this is what they do in the third world. >> reporter: eric meyer said his 98-year-old mother joan, the other co-owner, collapsed and died one day after the raid. >> she became so upset, that sthe wouldn't eat that day and sleep that night. >> reporter: a tip they received about a local business owner, carrie newell, they did not publish the story. newell has accused the paper of invading her privacy after she threw meyer and a reporter out of a event. >> this is intimidation tactic. >> writing in a statement, the judicial system that is being questioned will be vindicatedm while myers defends his paper,

when someone comes into your house an takes your computer and all of the computers out of your newsroom, you think paranoid. >> the co-owner owe pursuing legal actions to stop the police from reviewing the files and once the details of the case come to light, they will be justified. back to you. coming up, did an australian woman serve her family poisonous mushrooms for lunch leading to three deaths? what police there are saying.

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this is a strarng story. police are investigating a dinner of beef wellington that may have killed a family. erin patterson that cooked the meal which included poisonous mushrooms has been questioned. she said she didn't do anything to intentionally harm family but police aren't so sure. they say she's still a suspect. molly hunter has more from sydney, australia. >> reporter: this is a fascinating story, has gripped the press and those around the world. erin patterson served beef wellington and she has no idea how this happened. new questions swirling about the deadly mushroom mystery. the bizarre tragedy grabbing global headlines that killed

three members of the same family or was it murder? death by fungus. back on july 29th, police say erin patterson hosted her former in-laws for lunch and three were dead one still fighting for his life in the hospital and the national rumor mill. >> i love them. >> reporter: the trailan broadcasting corporation reports that a statement from erin's lawyers to police said she served beef wellington with mush roams that day. >> what is happening? i'm so sorry. that they have lost their lives. i can't believe it. >> reporter: in the same statement she said she threw out the food dehydrator after speculation started to grow. police say it is consistent with eating a mushroom fungus found near oak trees.

her former in-law and gale's sister heather has died and her husband is in critical condition. according to police, erin and her two children didn't fall ill and detectives confirming that erin's a suspect. >> she cooked those meals. for those people that were poisoned. now, again, she hasn't presented with any symptoms, but we have to keep an open mind in relation to this. this could be very innocent, but again, we just don't know at this point. >> reporter: an this morning victoria police telling nbc news the deaths are still being treated as unexplained. and so the mystery continues. now no charges have been filed and investigators are really reminding everyone, the press included, there is an acive investigation and they won't comment on who they were speaking to or if any warrants were issued and they want to remind everyone that community members are mourning the deaths

that right now erin patterson is a free woman, one the big questions is why didn't she get sick. i'll send it back to you. >> molly hunter, thank you into that is going to do it for me today. "deadline: white house" starts right now. ♪♪ hi there, everyone. it is 4:00 in the east. from the beginning he was way out front. on the existential threat to our democracy, and the criminal investigation into donald trump's attempt to overturn his defeat in georgia. that is despite warnings from republican officials that, quote, someone could get shot. and now it comes down this this, any day really any hour that sprawling year's long criminal investigation by fani willis could come to a head with yet another indictment of the disgraced twice impeached and thrice indicted ex-president. what expects are watching right now, trump could get indicted wi