NBC Nightly News with Tom Llamas - Thursday, January 8, 2024

Episode Date: February 9, 2024

Special counsel will not criminally charge Biden in classified document case; Justices appear skeptical of Colorado's decision to keep Trump off ballot; 5 Marines confirmed dead in California helicopter crash; and more on tonight’s broadcast.

Tonight, two major stories. The special counsel report on President Biden's handling of classified documents and Donald Trump's attorneys fighting at the Supreme Court to keep him on the ballot. First, that report just out from special counsel Robert Herr after a more than year long investigation. Finding President Biden willfully retained classified documents, but recommending no criminal charges, new photos of the files found in the president's garage, and what the report said about Mr. Biden's memory and how he would look before a jury. Also tonight, the Supreme Court hearing that landmark case over whether Donald Trump can stay on the ballot, what the justices seem to signal today, the military tragedy, the five U.S. Marines missing after their helicopter crashed in

California, now confirmed dead. The grim discovery in that house fire near Philadelphia after a police shootout, the family of six feared dead. Just in, new video of the officers attacked by a group including migrants in New York's Times Square. The charges announced. The urgent race to rescue a woman in California after she fell down a 25-foot hole. The scare at Boston's airport, two jet blue planes colliding on the de-icing pad. This is NBC Nightly News with Lester Holt. Good evening and welcome, everyone. No criminal charges, but at the same time, little to celebrate for President Biden today after a special counsel investigation found he willfully retained and disclosed classified materials after leaving the vice presidency. A scathing report centered on documents, some classified as top secret, found in Mr. Biden's home and former office that special counsel Robert Herr said presents serious risks to national security. But the report also raising serious questions about the president's recall,

saying his memory was significantly limited in interviews with investigators. Tonight, the president says he cooperated completely, threw up no roadblocks and sought no delays. The special counsel, meantime, drawing a sharp distinction between the president's document troubles and the criminal documents case pending against former President Trump. The controversy providing another split screen moment in the race for president on the day the Supreme Court heard oral arguments over whether Donald Trump belongs on the Colorado ballot. Gabe Gutierrez leads off our coverage. Tonight, the long-awaited report by special counsel Robert Hurd concludes that no criminal

charges against President Biden are warranted. But the investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen, including marked classified documents about Afghanistan and notebooks with sensitive intelligence sources and methods, which he shared with a ghostwriter. The report says that posed serious risks to national security. And at a time when polls show most Americans have concerns about the 81-year-old president's mental and physical health, the special counsel's report offers scathing details of what it calls his diminished faculties and faulty memory. Writing, if charged,

Mr. Biden will likely present himself to the jury, as he did during his interview with our office, as a sympathetic, well-meaning elderly man with a poor memory. It would be difficult to convince a jury they should convict him. According to the report, Mr. Biden did not remember when he was vice president, forgetting on the first day of the interview when his term ended and forgetting on the second day of the interview when his term began. He did not remember, even within several years, when his son Beau died. How in the hell dare you raise that? Frankly, when I was asked the question, I thought to myself, it wasn't any of their damn business.

I don't need anyone to remind me when he passed away or passed away. Later in the press conference, President Biden referring to the president of Egypt as the president of Mexico. As you know, initially, the president of Mexico, Cici, did not want to open up the gate to allow humanitarian material to get in. The extraordinary circumstances here require the appointment of a special counsel. Attorney General Merrick Garland appointed the special counsel in January of last year after President Biden's attorneys first discovered classified documents at one of his former offices on November 2nd, 2022. The White House waited until after the midterm elections to tell the public.

And the report includes these photos of where prosecutors say more classified documents were improperly stored in a badly damaged box near a collapsed dog crate in Mr. Biden's Delaware garage. A separate special counsel investigated former President Trump for allegedly mishandling classified documents found at his Mar-a-Lago estate, some boxes found inside a bathroom. Mr. Trump was charged with 40 criminal counts to which he's pleaded not guilty. Tonight, the former president is calling the lack of charges in the Herr report a two-tiered system of justice, but the report argues the two cases are different and that while Mr. Trump was given multiple chances to return classified documents,

he allegedly did the opposite and obstructed justice by enlisting others to destroy evidence. In contrast, the report says Mr. Biden alerted authorities. The president says he cooperated completely. And Gabe, the Biden campaign is now responding to those comments in the report about the president's memory. Yes, Lester, a source close to the campaign tells me GOP attacks on the president's age are nothing new. Democrats argue Robert Herr is not a doctor, but clearly this will be another challenge the Biden campaign faces.

Lester. All right, Gabe, thank you. And just before that, the Supreme Court heard arguments about whether Colorado can ban Republican frontrunner Donald Trump from the ballot, with the justices sounding skeptical. Here's Laura Jarrett on the potentially landmark case. Tonight, the Supreme Court weighing a monumental decision that could decide the presidential election, whether Republican frontrunner Donald Trump should be banned from the ballot. But many of the justices today seeming highly skeptical of Colorado's decision to disqualify him. It just doesn't seem like a state call.

The justices forced to grapple with Mr. Trump's eligibility for office after six voters in Colorado successfully sued to get him removed from the state's primary ballot by pointing to his actions on January 6th and a provision in the 14th Amendment that disqualifies those who engaged in insurrection or rebellion from holding public office again. The attack was incited by a sitting president of the United States to disrupt the peaceful transfer of presidential power. All nine justices, both conservative and liberal, appearing to bristle at the potential far-reaching consequences of Colorado's argument. The question that you have to confront is why a single state should decide who gets to be president of the United States. That seems quite extraordinary, doesn't it?

Chief Justice John Roberts later raising the idea of the 14th Amendment being used as a political weapon by Democrats and Republicans alike. It'll come down to just a handful of states that are going to decide the presidential election. That's a pretty daunting consequence. Mr. Trump's lawyer arguing Congress, not states, must decide who's eligible for the presidency and that the former president did not engage in insurrection. This was a riot. It was not an insurrection. The events were shameful, criminal, violent, all of those things, but it did not qualify as insurrection. But 91-year-old Norma Anderson, one of the voters who brought the case, says she's not backing down, even if she loses.

We just have to work hard to beat Donald Trump because he will destroy our democracy. At the ballot box as opposed to at the courthouse. Mr. Trump also reacting to today's oral arguments. I thought our arguments were very, very strong. Can you take the person that's leading everywhere and say, hey, we're not going to let you run? You know, I think that's pretty tough to do, but I'm leaving it up to the Supreme Court.

Laura, when could we see a decision here? Well, Lester, the justices are well aware that the voters are going to the polls on Super Tuesday on March 5th, including in Colorado and more than a dozen states. I would expect to see a decision well before then. Lester. Laura Jarrett, thank you. Also tonight, a federal judge ordered former Trump White House advisor Peter Navarro to begin serving a four-month prison sentence while he appeals his contempt of Congress conviction. Navarro was convicted for refusing to testify and provide documents to the committee investigating the January 6th attack on the Capitol. In Southern California, sad news.

Five Marines confirmed dead after their helicopter crashed east of San Diego as it returned from a training mission. Dana Griffin reports from San Diego. A heartbreaking end to the search for five Marines missing after their helicopter crashed Tuesday night in California. Word started that location has visual on the crash site. All five now confirmed dead. Our hearts go out to the just devastating loss of those five Marines.

The CH-53E Super Stallion military helicopter, along with the crew, were discovered Wednesday. Beyond this campground entrance is that remote crash site where today, recovery crews are setting out on foot through muddy, frigid conditions to recover their fallen Marines. Their fellow Marines have remained by their side, as Marines do, and took shifts throughout the night at the mishap site, keeping watch over our fallen, despite the hazardous weather conditions. The crew, members of the 3rd Marine

Aircraft Wing's Flying Tigers, were on a routine training flight from Nevada to California when the aircraft disappeared from radar nearly 50 miles from its destination. The same type of helicopter crashed nearby in California in 2018, killing four Marines. Their families later reached a confidential settlement with the manufacturers and suppliers who provided parts to the military. The question now, what went wrong this time? We'll have to understand what the reality, the objective facts were on the ground. But extreme bad weather, bad terrain, night conditions, they're normally capable of handling all this, but in

this case, obviously something went badly wrong. One thing investigators will likely be looking at is if severe weather played a role in the crash. The Marines confirming the names of all five victims will be released Friday. Lester. All right, Dana Griffin, thank you. And just in dramatic video from that attack on two police officers in New York's Times Square, the footage showing the officers trying to detain a man in a yellow jacket when he appears to resist, the officers taking him down to the ground, other men kicking and punching the officers. Seven suspects, some of the migrants, were indicted today for last month's attack. Manhattan's D.A. faced criticism for not requesting bail for nearly all of them. A grim search and discovery today in a suburb of

Philadelphia after a house burned down following a violent police standoff. George Solis is there for us tonight. Tonight, a community left reeling. A family of six presumed dead after a house fire just outside Philadelphia. I can't even begin to tell your estimate how long it's going to take for us to continue to do that work. It's a very unsafe scene. Wednesday afternoon, authorities say they received a call that an 11-year-old had been shot. Shot, shot, shot. We had two officers shot.

Responding police officers encountered a hail of gunfire at the scene. Officers David Shaza and John Meehan were shot, but not seriously wounded. Officers say the shooter retreated into the home and the house was set on fire. Today, the Delaware County District Attorney said the home belongs to the Lee family, where three adults and three children were living. Authorities say the remains of three people and a rifle were recovered at the scene. The DA not naming the shooter or his relationship to the family. But the shooter is related to the Lee family?

We believe it could be a member of the family, but we don't know. Everyone who was in the house at that fire is presumed dead. Neighbors left waiting for answers. You seemed fairly emotional. I'm very emotional because that's horrible. It's sad. It's very sad. It's horrible. It's sad. It's very sad. It's crazy. This afternoon, Officer Shaza was released from the hospital,

surrounded by law enforcement from around the region. Authorities say two additional family members were at the home but left at some point. Searching the home for evidence will resume tomorrow, but officials warn the process could take days. Lester. All right, George Solis, thanks. A dramatic rescue today in Southern California after a woman fell 25 feet into what turned out to be an abandoned septic tank. She's there in the yellow helmet after the fire department hoisted her to safety.

The woman told authorities she was walking in her yard when the ground gave way. She was taken to a hospital with non-life-threatening injuries. In 60 seconds, we'll go to Nevada, where tonight's Republican caucuses could shed light on how a key group, Latino voters, are thinking about the presidential election right after this. It's caucus night in Nevada, where former President Donald Trump is expected to win by a healthy margin. And tonight's caucuses are also putting a spotlight on the all-important Latino vote, one that NBC's David Noriega found is increasingly up for grabs heading toward November. Rub around the corner, maybe like five minutes. Erica Castro is from North Las Vegas, zip code 89030. Seven out of 10 people here are Latino, and this flea market is where many spend

their weekends. Got my clothes here. My mom would decorate our house with stuff from here. Castro can't vote. She's undocumented. But as a political organizer, she'll be pushing hard for others to re-elect President Joe Biden. Are you worried about this election this year? Yeah, people are feeling a little bit discouraged because they haven't seen the results that they were expecting from this administration. In Nevada and nationwide, Latinos are not a monolith. But in recent presidential elections, they have voted overwhelmingly Democratic. That could be changing.

Mr. Biden and former President Donald Trump are now statistically tied among Latinos, according to NBC's latest poll. Talk to enough people in North Las Vegas and you start to understand why. Everything is expensive. Mario Alvarez, who sells old video games at the flea market, voted for Biden in 2020. Now, because of his views on the economy, he's flirting with the other side. You know, I think Donald Trump,

he can be a good president for the country. Other voters telling us no politician should take them for granted. They want our votes. Now they want something from us, but they don't want to give us anything. Also top of mind, decades of unmet promises by the Democrats on a pathway to citizenship for people like Castro. She says that's making it harder to get even her friends and family excited to vote Democrat. Democrats have historically been able to count on the Latino vote here in Nevada. Is that still true?

I think they're going to have to really work for it. Of course, she told us the same goes for the other side. And whoever wins this swing vote inside a swing state could wind up winning the White House. Lester? David Noriega, thank you. Up next, another airport collision, this time two JetBlue planes on the tarmac in Boston, plus the critical shortage of

air traffic controllers and the rush to train the people who keep our skies safe inside the FAA Academy. Next. Scary moments today at Boston's Logan Airport. JetBlue is saying two of its planes collided in the de-icing pad lanes and passengers were on board both aircraft at the time. The damage visible to the wing of one of the planes, the other sustained damage to a tail section. The flights were canceled and the planes taken out of service. And staying in the world of aviation to the urgent push to hire air traffic controllers after a shortage contributed to massive flight backups at times last year. Tom Costello goes inside the FAA Academy trying to quickly train the next generation of controllers. For a high-stress, high-stakes career. Foxtrot Papa is on frequency.

It all starts here. Left turns, expect further clearance. The Air Traffic Control Academy in Oklahoma City is full as the FAA pushes to staff up understaffed towers and centers. The FAA says it needs 1,300 more controllers. The Controllers Union says 3,500 are needed. The FAA is struggling to keep up with mandatory retirements at 56. How long will it take you to get to full staffing? Our goal is five to seven years to be fully staffed and comfortable. Every year, 1,500 new

students go through the academy. It's here the controller candidates are trained for either the control tower or an in-route center, handling air traffic at 18,000 feet or above. The students who seem to do the best are often video gamers. What is it about gaming skills that could make you a good controller? The ability to take in all of that information quickly, make a quick decision, and then if that decision is not the right one, being able to come up with a plan B or plan C. But the academy washout rate is high, 30 percent. After the academy, up to three years of on-the-job training, where another 30 percent quit, often over stress and long shifts working weekends and holidays. 2019 graduate Janessa Milners now controls Los Angeles airspace. It was one of the most intense things I've done in my life, just because you're trying so hard to make it through. The simulations as real as possible. Now's the time to make mistakes, right?

Don't be nervous, okay? Just follow through with everything, okay? Academy Tower, Delta 8-0-2, ready for departure. Tabletop exercises teach spacing and runway orientation. The FAA is also recruiting veteran military controllers and college program grads who go straight to on-the-job training. To think three to four to five steps ahead. That is the type of person that it takes to do this job. In a business with little room for error, every detail matters.

Tom Costello, NBC News, Oklahoma City. And that is nightly news for this Thursday. Thank you for watching, everyone. I'm Lester Holt. Please take care of yourself and each other. Good night.