Top Story with Tom Llamas - Monday, December 19, 2022

Episode Date: December 20, 2022

Jan. 6 committee approves criminal referrals against former President Trump, Harvey Weinstein convicted of rape and sexual assault charges, massive winter storm threatens holiday travel, a family's search for a Ukrainian soldier missing for months, and cementing Messi's legacy after Argentina's World Cup win.

Tonight, a historic move in Washington, the January 6th Committee recommending criminal charges for former President Trump. The committee referring Trump to the Justice Department on charges of obstruction, inciting an insurrection, and conspiracy to defraud the United States. So will the DOJ move forward with prosecution? We'll have the latest from Capitol Hill and how the former president is responding. Holiday travel threat, a monster winter storm, expected to bring blizzard conditions, frigid temperature. and heavy rain as more than 100 million Americans hit the roads and skies. Bill Cairns zeroing in on the trouble spots later this week, plus the travel nightmare in Hawaii, dozens of passengers injured by extreme turbulence, what we're learning about the cause.

Escaping Peru, Americans among the hundreds of tourists trapped near Machu Picchu as violent protests took hold across the country will take you inside the evacuations by train and by foot and the emotional reunions here in the States. Amber Hurd agreeing to pay ex-husband Johnny Depp $1 million, five months after the defamation trial seen around the world, what the actress is now revealing about the settlement on her social media. And Elon Out, the Twitter CEO, asking users whether he should stop running the social media site,

writing that he would abide by the results of the poll. With more than half of users answering yes, will this really be the end of his short-lived reign? And Lionel Messi flying home for a victory lap after leading Argentina to one of the greatest World Cup wins in history. The celebrations in the streets as his country pays tribute to one of the best to ever do it. Top Story starts right now. And good evening. I'm Aaron Gilchrist in for Tom Yamis. We begin Top Story tonight with that unprecedented move in Washington.

Donald Trump, now the first U.S. president that Congress has formally referred for criminal prosecution. The charges stemming from the deadly capital riot on January 6th, 2021. An insurrection, the Select Committee argued that was the culmination of a months-long effort by then-President Trump to overturn the results of the 2020 election. After nearly 18 months of subpoenas and witness interviews, the bipartisan committee voting unanimously to suggest four criminal charges against the former president, including assisting or insisting or inciting an insurrection and obstruction of justice. Trump, late today, dismissing the recommendations,

calling the committee a, quote, kangaroo court. Trump's fate now in the hands of the Department of Justice, which must decide what to do with these referrals. NBC News, Senior Capitol Hill correspondent Garrett Haik, leads us off tonight from right here in Washington. Tonight, the House January 6th committee voting to refer former President Trump to the Department of Justice for criminal prosecution, for his efforts to over.

overturned the 2020 election and incite the January 6th attack on the Capitol. Every president in our history has defended this orderly transfer of authority except one. January 6th, 2021 was the first time one American president refused his constitutional duty to transfer power peacefully to the next. In their final public presentation, the committee saying they have accumulated sufficient evidence that the former president be prosecuted for four different crimes. Obstruction of an official proceeding, conspiracy to defraud the United States,

conspiracy to make a false statement, and inciting or assisting an insurrection. Mr. Trump would be the first person to face an insurrection charge related to January 6th. The president has an affirmative and primary constitutional duty to act to take care that the laws be faithfully executed. Nothing could be a greater betrayal of this duty, than to assist an insurrection against the constitutional order.

But the committee's criminal referrals carry no legal weight. Any charging decisions still fall to DOJ prosecutors, led by special counsel Jack Smith, who now oversees the department's ongoing Trump-related probes. Still, committee members say they felt the weight of history, having completed their 18-month investigation, which included more than 1,200 witness interviews and more than a million pages of records reviewed. proud of the work of the committee. I'm proud of the staff and the time they put in. Republicans, though, have blasted the committee, which is comprised of seven Democrats and two Republicans, all fierce critics of Mr. Trump, as a partisan sham. One Republican who the committee referred to

the ethics committee for defying its subpoena, calling it a kangaroo court desperate for revenge against Mr. Trump. A response Mr. Trump echoed in a radio interview conducted during the hearing. We have all Democrats and Republicans in very poor standing, two of them. I mean, the whole thing. It's a kangaroo court. What can I say? The committee also referring Trump lawyer John Eastman to the DOJ on charges of obstruction of an official proceeding and conspiracy to defraud the United States.

Eastman responding with a statement calling the committee's work, quote, pretend prosecutors designed to create political advantage for the Democratic Party. The committee plans to release their full report on Wednesday. Today, releasing a 154-page summary of their findings. Describing the scheme to overturn the election results, they outlined over 10 public hearings. And Garrett Hake joins us now from Capitol Hill here. Garrett, what's your understanding of what the next steps are here?

What could happen if federal prosecutors decide to pursue these charges? Well, Aaron, while those referrals don't carry any weight on their own, the committee's full report, which is expected to come out Wednesday, could be very interesting to the Department of Justice. It contains interviews and other evidence collected by the committee that could help inform the special counsel's decision on whether to charge Donald Trump or not.

Of course, in keeping with DOJ policy, if he is making those decisions, we might not hear about it unless and until an indictment is unsealed. At the same time, Garrett, this House committee also suggested a formal ethics inquiry into some of Trump's top allies in Congress there.

How does that work now with the new leadership? coming in next month. Yeah, the timing really works against the committee here. There's referrals to the Ethics Committee probably not going to go anywhere. There's just no time left for the Ethics Committee in this Congress to get a proper inquiry completed. And in the new Congress with Republicans taking control, it's highly unlikely that the committee would even open an inquiry into four Republican members, including perhaps the next speaker, Kevin McCarthy. Garrett Hake for us on Capitol Hill tonight. Garrett, thank you. And as we mentioned,

this is the first time ever that Congress has recommended charges to the DOJ against a former president. And as Donald Trump begins his third campaign for the Oval Office, how will this impact 2024? NBC's Vaughan Hillier joining us now from West Palm Beach, Florida, Mar-a-Lago, as a matter of fact. Vaughn, what are you hearing about how President Trump is reacting to these criminal referrals from the January 6th Committee? Right. The importance of this is only increased because of the fact that, he is currently the only Republican running for president in 2024 here. And so the DOJ investigation is happening in parallel to the politics of this all. Donald Trump here in just last hour issuing a statement on his social media account,

saying in part, quote, these folks don't get it, that when they come after me, people who love freedom rally around me. It strengthens me. What doesn't kill me makes me stronger. And the difficulty here for Donald Trump, of course, when you're looking at the general electorate, you saw in these 22 midterms, voters in these key swing states from Michigan, Wisconsin, Georgia, Arizona, rejected Trump-back candidates who were fellow election deniers. But when you're talking about the Republican electorate, Donald Trump is still a largely popular political figure.

And that is where for Donald Trump, as I was talking to one, an RNC committee man who has been long involved in the Republican Party operation, as he told me this is a badge of honor for Donald Trump and one that he should run proudly with. So given that fact, Vaughn, and given the fact that this is still a popular figure in the Republican Party, what are others in the party saying? What are you hearing from other Republicans tonight who know now that there are these referrals from this committee? Right. It's a lot of silence. You'll recall not only on January 6th, but in the days and weeks after the attack,

Republican leaders largely spoke out against Donald Trump, believing that his political future was over. But Donald Trump made the case that he was looking at another run for the White House and you saw the party largely fall in line with him and here just today, after the issuing of these criminal referrals to the DOJ, you heard largely more silence. But notably, even his former vice president, Mike Pence,

who of course you'll recall some of those attackers chanting Hague Mike Pence on January 6th, even he earlier today on television, made the case that this is a political ploy against the Republican Party, and that Donald Trump should not be charged. The question here is, do Republicans who may want to take on Donald Trump use a January 6 attack and Donald Trump's role in it as an effort to try to divide the Republican Party and win some support from sort of those anti-Trump Republicans?

Aaron? And we will all wait to see what comes from that. Von Hillier for us in Florida tonight. Vaughn, thank you. For more on the final vote from the January 6th Committee to refer these criminal charges to the DOJ for former President Trump. Let's bring in Washington Post National Political Reporter Eugene Scott. Eugene, you have your ear to the ground on this.

Are there any indications at this point that the DOJ is going to actually take up these recommendations, this referral from the House January 6th Committee? Well, not at this point considering just how recent it is, but it is important to remember that the DOJ has already been involved in their own investigation of Trump's behavior on this actual day and his relationship with the actions that took place. So they're going through subpoenas and witness testimonies. grand jury testimonies to determine whether or not he was involved in a way that could lead to charges. I want to get your thoughts about something we heard today.

We heard from one of Trump's former top advisors, Hope Hicks, for the first time. I want to play a little bit of what she said in her testimony, a recorded testimony here to the committee. Let's listen. Evidence of fraud on a scale that would have impacted the outcome of the election. and I was becoming increasingly concerned that we were damaging his legacy. What did the president say in response to what you just described? He said something along the lines of, you know, nobody will care about my legacy if I lose.

So that won't matter. The only thing that matters is winning. So, Eugene, how does this newest revelation sort of add to the committee's, the case that the committee has made here? You have a top advisor, someone who's been close to the former president for years and years. What is the public revelation around this particular statement do for the case that the committee's been trying to make? Well, each time that someone close to the former president comes forward and says that they try to give him some type of warning and advice and counsel to be. behave differently than he did, and he chose not to, and, in fact, pushed back against whatever counsel he was being given, shows just how much this was an intentional decision.

It wasn't spontaneous. It wasn't an accident. It shows that the former president knew and was aware of the impact, the possible impact, of his sitting things out and his moving forward with tweets that were stoking violence, and he chose to continue to move in that direction. He now has a new campaign that he's mounting, running for president again now. What impact do you think, if any, will these referrals, the testimony we just saw from Hope Hicks? What impact do you think that might have going forward on the effort to run for president again

or to rally other people in the Republican Party around him to run for president again? Well, it's going to remind voters. The Democrats and even some of the Republicans who may eventually come out and run against him are going to try to remind voters of that day, the impact that it had on law and enforcement, the impact that it had on the lives that were lost, and the president's unwilling, the former president's unwillingness to look at a situation, realize how dangerous and harmful it potentially could have been or actually was, and not make decisions that people generally believe would have moved the country and the election in a correct direction. All right. More conversations to come around this issue as the months go on rolling into the next election. Eugene Scott from the Washington Post.

We appreciate it. Thank you. Thanks. Well, now to the forecast, and that massive winter storm set to pummel the country as we head toward the holidays, a deep freeze midweek, paralyzing parts of the plains, the Midwest, and the Great Lakes region, and blizzard-like conditions snarling travel, snowfall totals projected to reach up to a foot in some states. Timing it all out for us is NBC News meteorologist Bill Karens. Bill, what do we need to know now? Walk us through the track. A lot of people are stressing. A lot of people want to get to their destinations. People are trying to change their plans, their flight. and it's a mess. This is going to be one of the worst travel pre-Christmas that we've seen in decades. I mean, today, tomorrow, parts of a Wednesday are okay, and after that it gets really nasty.

So we already have about 39 million people under winter storm watches. Let me give you the timing of this storm. This is the important part. We're going to fast forward here into Wednesday. Light snow is shown in the blue. And this is where it's going to be in areas by 6 p.m. Wednesday. So from the Dakotas, all the way into Minnesota and possibly Iowa, too. That's okay. You've traveled in that in those regions. it'll only be a couple inches. Thursday is when it changes. Thursday is when this becomes a much stronger storm. The winds pick up. We should see moderate snow Thursday morning, Kansas City to St. Louis, and then late day, Thursday, near blizzard conditions possible. Chicago to Milwaukee to Green Bay. And then by Friday, this is an all-out blizzard. They're going to tell people to not only just

stay off the roads, they're going to tell people to stay home. There's going to be no travel advisories through southern Michigan, northern Indiana, southern Wisconsin, northern Illinois, portions of Ohio. That's the bullseye area you want to avoid on Friday and even Saturday morning. And then the northeast has heavy rain, gusty winds, major airport problems on Friday. And then as this cold front goes through, a flash freezes likely. Temperatures are going to drop 30 degrees in like nine hours in areas like New York City. So, Aaron, here is the potential for all the snow. Areas in purple is going to be the heaviest.

But we could even see snow as far south as areas like Nashville. As much as I worry about the snow, I think you just said something that caught my attention. a 30-degree drop. How bad is the cold going to be around here, Bill? You know, the snow's going to be the story, and the picture is out of the Great Lakes because of the blizzard. But if you're in the south, you're going to be talking about the cold. The wind chill is already brutal, negative 27 in Bismarck. 20 million are already under windchill watches all the way to Texas. And here's your map, Aaron, on Friday morning.

10 in Dallas, one Oklahoma City. We're going to have three days in a row in Texas with temperatures in the teens. Wind chills, negative numbers all the way down to the Gulf Coast, Aaron. Wow, December is going hard already. Bill Cairns for us tonight. Bill, thank you, appreciate it. Now, as Bill mentioned, that severe weather likely to disrupt travel for a lot of people, 113 million Americans expected to be on the move for the holidays, most of them driving 7 million flying.

And just as the NTSB is now investigating an extreme case of air turbulence that sent 20 passengers and flight attendants to the hospital. Tom Costello has the details. On board Hawaiian Air Flight 35, the after. of a violent encounter with mid-air turbulence. Dangling oxygen masks, luggage bins, and ceiling panels popped open, a puncture hole from a flying water bottle. Everybody was screaming.

It was probably the most turbulent flight we've ever been on. We travel a lot. The pilot's emergency radio call captured on live ATC.net. Yeah, we have pretty severe turbulence and we accept free flight attendants that are injured. It happened at 36,000 feet. My life flashed before my eyes. I was scared. The Airbus, A-330 with 288 people on board, was just 30 minutes from Honolulu. Ladies and gentlemen, do we have any trained of medical personnel?

Once landed, medics declared a mass casualty emergency, taking 20 to area hospitals most with head injuries, cuts, and bruises, including a 14-month-old baby. While the fast and seatbelt sign was on, many, including flight attendants, reportedly were not wearing their belts. I saw like a few, like a handful of people with lacerations on their head and blood dripping down. Severe turbulence injures dozens every year. It usually occurs when planes encounter rapid changes in wind direction and velocity moving from slow moving to fast moving air. Or when a plane encounters the top of a thunderstorm that is more violent than radar indicated. We're dealing with a lot of unstable air and weather conditions that are certainly difficult to deal with. if you're an airline.

NTSB chief, Jennifer Hammondy. I will say seatbelts, seafelts, seafelts. That is the most important part of this. Children under two should be in a carrier and also strapped in. An unpredictable force of nature as holiday travel kicks off. And Tom Costello joins us now from LaGuardia Airport in New York. Tom, you have some new reporting on another flight that experienced some severe turbulence. This one flying into Houston?

United Flight 128 was coming from Rio into Houston early this morning. They also hit severe turbulence, 15 people injured, five of them taken to the area to area hospitals, and that flight was also coming in, arriving into Houston at the time they hit turbulence. You know, at the same time, Tom, we can't ignore the fact that earlier this year there were major flight cancellations, delays all over the country, across the airline industry. Do we expect the same issues heading into the holidays this time around? So the summertime travel issues were very much a part of airline meltdown, operational meltdowns, plural, in which they simply didn't have the pilots or the flight attendants to handle the schedules that they had sold. They all claimed that they fixed that problem. They've staffed up dramatically both pilots and flight attendants and ground staff. In some cases, they gave them all raises. But, you know, the big variable is the weather. And as you know, we have a monster storm rolling across the country right now. That could cause real problems.

for the next few days. Tom Costello for us in New York tonight, Tom, thanks. Now, with those holiday get-togethers right around the corner, the growing concern that a triple-demic could crush health care systems. RSV, flu, COVID cases surging now, pushing doctors and nurses to the brink. This, as New York and Los Angeles are urging residents to mask up in public again, and the White House announces steps to counter a winter wave of COVID cases. NBC News medical contributor Dr. Kavita Patel joins us now on set to talk a little bit more

about where things stand. And I'll start with that, sort of the big picture, if we can. Where do things stand in particular, as we're all still talking about COVID around the country? Yeah, Aaron, it's pretty grim. All three viruses, RSV, flu, and COVID are responsible for thousands of hospitalizations. And last week, we hit a statistic that we don't want to see repeated often. Flu hospitalizations exceeded COVID hospitalizations for the first time. So this is serious all across the country. So we know with COVID spreading at high levels in New York and in Angeles in particular. The CDC is now recommending again that people start masking again, particularly in indoors and crowded places. In your opinion, are these cities now doing the right

thing, having to mask up again? Is it something that we should expect to see more of? Or is it more just people to figure out what to do for themselves? Yeah, I wish that they were a little bit more stressful about the importance of masking. So there's advisories, and there are some cities, as you mentioned, New York, Los Angeles, Philadelphia schools, which have asked for masks. in January. We need to all do this part now. We can't really wait. And here's why. These are all three viruses that can be prevented with masks. So it's not just about one virus versus another. It's all three. And we're seeing about 6% of children getting hospitalized with two infections, flu and COVID. And that can be disastrous. So I think everybody, as they're

going out the door, think of the mask, high quality, as an umbrella. And when you're going into a rainstorm, you take out your umbrella. Same thing with planes, trains, metro, crowded stores when we're all going shopping for the holidays. And even holiday gatherings or parties where you might not know people and you want to just make sure that people around you aren't coughing. Very quickly. We know the Biden administration is also planning to take some steps again to try to hold off a big winter wave of COVID cases, offering those free at home tests again, trying to do more vaccinations in nursing homes, for example. Is that the right move? Is it enough of the right move at this point? It's definitely the right move and there's always more we can be

doing. Just stressing one versus the other isn't enough. So I think the Biden administration doing all of the above, masks, tests, circulation, air, and getting outdoors if you can with holidays. Doesn't look like it from the weather. But even propping open a window in a crowded space can be even that much of a difference from getting sick. All right, Dr. Gavita Patel, we appreciate the good advice. Thank you. Thank you. Thank you. We want to turn to some breaking news in Los Angeles now. A jury has found former Hollywood producer Harvey Weinstein guilty on counts of rape and sexual assault. NBC's Ron Allen is following the case for us and joins us now.

Ron, can you break down this verdict for us? What did the jury decide here? Well, the jury decided that he was guilty of three counts involving the allegations of one of the four women who were the accusers in this case. It's an incident that happened back in February of 2013. The woman was only known as Jane Doe One. She was an actress and model at the time, we believe. and this happened apparently in a hotel room.

There were three other women who also accused Weinstein of similar attacks and counters, and the jury was hung on all of those charges. The defense said that these were transactional relationships, that these were women who were seeking fame and fortune. It was a very emotional gut-wrenching trial, the women saying that they were really being attacked on the witness stand by the attorneys as well. And it was just, it came down to, did the jury believe the women or believe Weinstein's defense? We have some reaction as well that I can read you from Jennifer Seibald Newsom, the first partner, the governor of California, Governor Newsom's wife, who was Jane Doe 4.

This was an incident that happened back in 2004 before she and the governor were married, saying today, in reaction, that Harvey Weinstein will never be able to rape another woman. he will spend the rest of his life behind bars where he belongs. And the governor also saying that I'm also incredibly proud of my wife and all the brave women who came forward to share their truth and uplift countless survivors who cannot. Weinstein now faces about 18 years in prison, perhaps more. Remember, he's already served two of 23 years that he was sentenced to when convicted here in New York two years ago. So, yes, he's likely to spend the rest of his life in jail as he appeals this and the other conviction. All right, Ron Allen for us in New York tonight. Ron, thank you. Several Americans are glad to finally be back on U.S. soil after being stuck in Peru during political unrest that has rocked that South American nation.

NBC's Priscilla Thompson has the latest on their journey back home. Tonight, Americans arriving home after being trapped in Machu Picchu for days as civil unrest sweeps Peru. Among them, Miami-Dade Police Sergeant Yassinia Munoz. It was just frustrating not having an answer, like not being able to move, not do anything. Around 300 foreign tourists were stranded at the base of Machu Picchu. Most, if not all, have been evacuated or moved to a major city. According to Peruvian officials who tweeted, the transfer of tourists stranded has been completed. Hey, guys, walking along on the train tracks here.

Some, like Miami-Dade Fire Rescue Captain Brian Vega, forced to make their way out on foot. I am beyond elated and relieved to be back at home in the good old USA with my wonderful wife and family. The deadly unrest erupted across Peru earlier this month after the former president, Pedro Castillo, was impeached and arrested. His supporters took to the streets, clashing with police forces in violent protest. that have left highways blocked, train services suspended, and tourists trapped.

We just really want to get back to our families. More than 50 people have died. None appear to be foreigners. U.S. officials now urging Americans to reconsider travel to Peru, as those now returning are grateful to have gotten out. I'm happy that he's home before Christmas. Priscilla Thompson, NBC News, Miami. There is breaking news tonight on the migrant crisis at the southern border. The Supreme Court temporarily blocking the lifting of a Trump-era border restriction this week.

It comes as cities like El Paso, Texas, have declared a state of emergency. Morgan Chesky is there. Tonight, just hours before the pandemic-era border restriction known as Title 42 was said to be lifted. And with record number of migrants crossing the border surging, the Supreme Court stepping in. Chief Justice John Roberts responding to a request from Republican officials, issuing a stay for now, which will keep Title 42 in place temporarily. It comes with El Paso, Texas, under a state of emergency, with thousands of migrants crossing the border into the U.S. every day. Many of them released onto the streets where they've been sleeping outside.

The mayor making the emergency declaration this weekend, saying city resources are overwhelmed. Mibrant shelters already packed. We do need more housing, and we'll continue. to need more house. That's been the biggest thing. There were expectations the lifting of Title 42 would have sent the number of illegal border crossing soaring even higher. The Texas governor who blames Biden administration policies for the ongoing migrant influx with this warning. If the courts do not intervene and put a halt to the removal of Title 42, it's going to be

total chaos. Border officials telling NBC news, if Title 42 is lifted, they're expecting even larger numbers, a record 10,000 illegal border crossings per day. Tonight, New York City's mayor saying the city is nearly out of money to shelter the busloads of migrants arriving every week, which he says could force the city to cut or curtail programs New Yorkers rely on unless they get federal help. Many migrants are crossing into the U.S. from Ciudad Juarez, Mexico. Tonight, NBC's Guadvenegas is there, where he met a family from Venezuela, saying they'll cross after Title 42 is lifted. She's been traveling with her baby for three months. She says crossing Mexico is the most difficult thing. And this family, who says they escaped kidnappers on their grueling journey through a jungle.

They saw people dead. Officials are calling it a humanitarian crisis, with some migrant families huddling in a makeshift campsite in downtown El Paso. It's freezing temperatures overnight. We have children and babies who were sleeping in streets. And tonight, the Chief Justice signaling a timeline that suggests the Supreme Court once act quickly on this issue. Requesting the Biden administration respond to the state's request to lift Title 42 by tomorrow afternoon. Morgan Chesky, NBC News. McAllen, Texas. And still ahead tonight, the latest on those mysterious murders near the University of Idaho, the killer still on the loose more than a month after four students were found dead. The growing

questions tonight about how police have handled that investigation. Plus, the new development in the legal battle between Johnny Depp and Amber Hurd. The $1 million settlement just reached. And are Elon Musk's days as CEO of Twitter numbered? The new Twitter poll voting for him to step down what it means for the future of the social media giant. Stay with us, top story just getting started. We're back now with an update in one of the most explosive court cases of the year.

Actress Amber Hurd paying up reaching a $1 million settlement with Johnny Depp in his defamation suit against her. NBC's Valerie Castro has the latest. Tonight, perhaps the final chapter in the blockbuster legal saga between Amber Hurd and Johnny Depp. And then you punched him in the jaw. I also did not do that. Depp's attorneys telling NBC News, Hurd will pay $1 million in a settlement with her ex. The actress posting about the decision on Instagram stating, I defended my truth.

And in doing so, my life as I knew. it was destroyed. The vilification I have faced on social media is an amplified version of the ways in which women are revictimized when they come forward, adding, I have made no admission, this is not an act of concession. The actress also blaming social media for the trial's outcome, last speaking publicly in an exclusive interview on NBC News following the verdict. I think vast majority of this trial was played out on social media. I think that this trial is an example of that gone haywire gone amok and the jury is not immune to that the jury awarded debt more than ten million dollars in compensatory and punitive damages herd was awarded two million dollars in her

countersuit debt brought the 50 million dollar defamation case against herd after she wrote a 2018 washington post op ed where she described herself as a public figure representing domestic abuse though the op ed never directly mentioned depth's name the actor says he never abused heard and argued it derailed his career. The bombshell trial earlier this year playing out through testimony, text messages, and recordings. Oh, you got this going? Oh, really? Outside the courthouse, crowds lined the streets daily during the trial, Depp waving from a passing car to his audience of supporters.

While on the stand, Depp and Hurd's testimonies were a back and forth of accusations. I'm looking at it in his eyes. and I don't see him anymore I don't see him anymore it wasn't him, it was black I've never been so scared in my life it could begin with a slap

it could begin with a shove it could begin with throwing a TV remote at my head the settlement not surprising our legal experts since so much money was at stake in civil cases it's not unusual for a defendant to file an appeal and then keep discussions open about settlement, especially when you're dealing with a large verdict.

While Heard has kept a low profile since the verdict, Depp has been more active on social media, posting about projects, including a recent collaboration with Rihanna. Depp's team releasing a statement saying, quote, we are pleased to formally close the door on this painful chapter for Mr. Depp, who made clear throughout this process that his priority was about bringing the truth to light. And Valerie Castro joins us now from New York. Valerie, that statement from Depp's team had a little bit of a dig in there, didn't it? Yes, Aaron, they wrote, quote, Mr. Depp is pledging and will actually donate to charities.

You may remember Depp's lawyer, Camille Vasquez, grilling her during the trial. Herd received $7 million in her divorce settlement with Depp. She said she would be donating all of it to charity, but at the time of the trial, that hadn't happened yet. Hence, that comment from Depp's team. For her part, heard also saying in that Instagram post that the, quote, best outcome would have been a retrial, but she felt she couldn't go through that again. And as she said, she lost faith in the American legal system. Aaron? Valerie Castro for us tonight in New York.

Valerie, thank you. Now to the continued push for answers about the murders of four college students in Idaho last month. As time goes on, their families are left wondering why they have so few clues and when an arrest will be made. Steve Patterson has the latest. As the hunt for a killer stretches into its sixth week, frustration with the effort is only mounting for at least one of the victim's families. I'm not sure they're capable of handling a quadruple murder. A lawyer for the family of Kaylee Gonzalez, one of the four students killed in this home near the University of Idaho campus, questioning how police have managed the investigation. If they are in over their heads, then acknowledge that and turn the investigation over to someone who's more versed in handling these types of matters.

And saying that while the family supports law enforcement, the Moscow police have done a poor job of communicating with the grieving Gonzalez family. A spokesperson for the Moscow Police Department says they are dedicated to supporting and communicating with the families of the victims. With the holidays approaching, police insisting they won't stop searching for clues in the murder of Kaylee Gonzalez, Maddie Mogan, Ethan Chapin, and Xanakernodal. We're going to continue to push through the holidays. We have a team that will continue to do the investigation. and work on that. Kaylee Gonzalez's mother Christy speaking to today last week, urging investigators not to give up. Don't let these kids just be an unsolved murder.

You can't hardly breathe, knowing that this person is out there. One lead investigators are pursuing a white Hyundai Alantra like this one that they say was in the immediate area of the home around the time of the murders. We have many tips that have come in on the 2011 to the 2013 Hyundai Alantra. if you own one or if you know somebody who was driving one the day before or the day after, to please send that tip in. Campus is largely emptied for winter break, but some who remain are haunted by the murders. Corinne Mordhorst lived across the street from the victims and remembers the day everything changed.

Once that happened, it just kind of became a ghost town. Everybody's also like really frustrated and mad that there's no leads. The family's lawyer with a message for the stricken city of Moscow. We would just say keep at it. You know, the community, I believe, will be the ones that solve this case. And Aaron, police maintain that they are full throttle on this investigation. In fact, they said today that they've now taken in more than 10,000 tips on the lifetime of this investigation, so much so that there's an overflow they've created to the FBI tip line.

The FBI, meanwhile, increasing its footprint from a week ago going to about 46 investigators to now more than 60, spread out across the country, all focused on this investigation as well. The school also saying they want to get involved, saying they will increase security alongside the police when kids come back from winter break so everybody in that campus feels safe, but certainly a lot of frustration in Moscow, Idaho tonight. Aaron? Steve Patterson reporting for us tonight. And coming up, the high-profile burglary attempt in New York City. A woman breaking into the home of Robert De Niro while the actor was upstairs. What police say she was trying to steal from the house. Stay with us.

Back now with top stories news feed, and we begin with the disgraced Crypto King still in a Bahamas jail tonight, despite reports he would return to the U.S. to face justice. FTX founder Sam Bankman-Fried appearing before a judge in Nassau where he had been expected to waive his extradition rights. But he is now waiting to see the full indictment

before making that decision, that's according to his lawyers. The 30-year-old was indicted on eight counts, including wire fraud, following the collapse of its cryptocurrency empire, once valued at $32 billion. A New York woman is under arrest after allegedly breaking into Robert De Niro's townhouse while the actor was home. Police say they had been trailing 30-year-old Chenice Avelace and a suspected serial burglar here when she entered the actor's townhouse and began rifling through Christmas presents just after 2.30 in the morning. De Niro, hearing that disturbance, came downstairs in a bathrobe as police were placing her under arrest. And the maker of the popular video game Fortnite has been ordered to pay a massive fine.

Epic games reaching a $520 million settlement with the FTC following accusations. It gathered information from minors without the consent of a guardian and tricked gamers into making unwanted purchases by using confusing buttons on those button configurations, rather. the company, which is valued at $32 billion, will also be required to overhaul its privacy settings. Moving now to Twitter, where the future of the company's leadership is up in the air, Elon Musk creating a poll to see whether he should remain as CEO. The results come after an especially chaotic few weeks at the social media company. Gabe Gutierrez says the latest.

Tonight, the results of Elon Musk's Twitter poll are in. He should step down as the social media giant CEO. according to 57.5% of respondents. Within 17 million votes were cast in the unscientific survey, which must said he would abide by. He said himself, he does not have his successor. So the question becomes, if he does step down after the results of this poll, who takes over for him? Minutes after launching the survey, must tweeting, be careful what you wish, as you might get it.

He was spotted over the weekend at the World Cup final in Doha. Just before creating the poll, must face backlash for a. new policy that had restricted some links to other social media platforms. That policy was deleted less than 24 hours after it was introduced. Must tweeted that going forward, he would poll Twitter users about policy changes. Advertisers get scared being involved in a chaotic platform on social media like this. They want brand safe content to put their ads next to you, and they're not getting that right now. After buying Twitter for $44 billion, must time The CEO has been a whirlwind marked by mass layoffs, abrupt policy changes and account

suspensions. Shares of Musk's other major company, Tesla, have plummeted more than 30% since he took over Twitter. That has left some observers to question whether this latest poll about Twitter's future could be an off-ramp for its controversial CEO. Still, with or without the CEO title, it's unlikely Musk would relinquish complete control of the company he paid so much for. as is often the case, his next move is unclear.

Aaron? Gabe Gutierrez for us. Now you want to take a closer look at Musk and his future with Twitter. We'll bring in Bloomberg's Kurt Wagner now. He covers social media and Facebook and Twitter as well. Kurt, you've done a lot of reporting on Twitter and have covered this beat for a while now. No response yet from Musk about that poll results. What do you think his next move is here?

Well, yesterday I was under the impression that he would follow up. through on this, right? Because he's now tweeted a few additional polls before this, where he has sort of abided by the results of the poll, as you say, including when he reinstated President Donald Trump's account. But now that he is back, he started tweeting maybe about an hour ago, two hours ago. He's going back on to Twitter. And he hasn't addressed the poll yet. And so now it's making me think that, well, maybe he's having second thoughts, maybe the fact that the results went differently than perhaps he expected, and now he's trying to figure out, well, do I actually have to follow through on this, right? So the longer he goes without addressing it, in my opinion,

that's probably the more likely means that he might actually stay. We know we've seen a lot of issues at Twitter since Musk took over, right? Most recently, the banning, the link policy, the, you know, the reversal of the banning linking to other social media sites. Many of these moves have really concerned advertisers, users of the app have been concerned. Do you think Musk may be looking for a way out if he needs one? Gabe mentioned that off-ramp idea in his piece. What do you think? Well, they're definitely setting the groundwork with sort of potential excuses, right?

I mean, he talked about bankruptcy yesterday and some of the replies that he sent as well. He also said something along the lines of, you know, there's nobody who can run this company well, right? So he's kind of laying this foundation for when it does not work or if it does not work, we should not be surprised. because he's already talking about the reality that it might not work. So I don't know if he really has an off-ramp. Yes, he could step down from being the day-to-day leader of Twitter, but he's always, or I shouldn't say always, but he is the owner, right? And until he sells the company or until he finds someone to buy this from him,

he is still on the hook financially. So whether he steps down day-to-day, I think this is still a huge priority for him or certainly has to be because he's losing money every day right now, running it the way that he's running it. And so, you know, this might be an off-rent for his reputation. It's not an offering for getting rid of Twitter altogether. Very quickly. What do you expect Twitter will look like in a year with or without Elon Musk in charge? Man, it's going to be tough to answer because we've seen what can happen in just two months, right? Very different. But I think a big thing to pay attention to is the advertisers, because if they don't come back, Twitter's not going to be

here in a year. So if they need to figure out how to get that business back on track, they need to lure advertisers back, make sure that they feel safe advertising on Twitter, and then we can talk about what it looks like one year from now, because until that happens, I'm worried that the company, you know, bankruptcy could be a real possibility for them. Kurt Wagner from Bloomberg with us tonight. Kurt, thank you. We appreciate it. Now to Top Stories, Global Watch and a deadly mass shooting at a condo building in Toronto. Police say a 73-year-old man armed with a semi-automatic handgun opened fire in the building where he lived, killing five people, and injuring one. Officers then shooting and killing the gunmen

in a hallway. Police did not disclose a motive for that attack. And in the Gulf of Thailand, rescuers are searching for 31 missing sailors after a Thai warship sank. Seventy-five sailors have already been rescued since Sunday night. One crew member saying he floated for three hours before he was found. The Thai Navy says high waves and strong wind caused that accident and are complicating rescue efforts. When we come back, a family refusing to give up hope. One soldier in Ukraine missing for more than eight months, another stationed in North Carolina doing everything he can to track him down. Stay with us. Back now with the latest on the war in Ukraine, where overnight drone strikes rocked the capital city of Kiev, causing more power outages.

We want to show you some footage from emergency services in Ukraine, showing the aftermath of the shelling this morning. And as the war reaches the 10-month mark on Christmas Eve, 7,000 Ukrainian soldiers are still missing. Ellison Barber is on the ground with one family's search for answers. In a small village, two and a half hours from her home in Harkiv. This is now home for Victoria Novakova and her daughter's family. The constant shelling in Harkiv forced them to move here. The small one-bedroom house. A refuge from the war, but not from her grief.

Her husband, Andri, is one of Ukraine's 7,000-plus missing soldiers. We love him in any condition. Andri Novakov, a 51-year-old father and soldier with the territorial defense, has been missing for eight months. I am between heaven and earth. I don't know what to do. I don't know. The last time she saw him was March 8th. Andre stopped by their apartment.

His wife says he pulled up in a military vehicle and grabbed fresh clothes. Five minutes. In and out. He said that he loved me and that's it, nothing else. He took the bag, we hugged. I saw him off. She hasn't seen him since. A week earlier, the Russians had launched an all-out assault on his brigade.

This is all that's left. Andri's brigade was working out of this building. He was actually in the basement here when it came under attack. We're told at least a hundred members of the territorial defense died that day. But Andri, he made it out alive. Like so many battles. That night was hell. Oleg Navatav was there, fighting alongside Andri, his friend and brother in arms.

We were hearing the sound of planes and we hit in the trench together. That was the last time they saw each other. All anyone knows is in this report from their brigade, laying out Andri's last known whereabouts. Russia and Ukraine have exchanged hundreds of POWs and bodies of soldiers in the last nine months. But there is still no sign of Andri. No one listens to us. No one hears us. I need to know at least.

for myself. If he is in captivity, then everything must be done to get him out of captivity somehow. If he was killed, then at least I should have a grave. Vita's closest link to her husband is in North Carolina, where her stepson Simeon has been helping her search for answers. We spoke to him in November, in Fayetteville, North Carolina, where he's serving in the U.S. military. What has the territorial defense told you about your dad's way? about or his current position? Nothing. They don't know.

Do you believe your dad is a prisoner of war right now? I hope so. It's a very strange thing to say. Like, I hope my dad is a POW, but it's better than the alternative. This year, as the magic of Christmas fills Simeon's home, so does the agony of uncertainty. One family from America to Ukraine, holding out hope for a Christmas miracle. Ellison Barber, NBC News, Harkib, Ukraine. When we come back, a legacy cemented soccer superstar Lionel Messi taking home his first World Cup title in stunning fashion. The incredible image is coming in from across Argentina tonight.

That's next. And finally tonight, football frenzy over the weekend Argentina won the World Cup in an instant classic. And tonight we bring you the images of pure joy, celebration. in Buenos Aires, as Messi and his countrymen bring soccer glory to their nation. Here's NBC's Megan Fitzgerald. Euphoria in Argentina. The scenes around Buenos Aires speak for themselves.

Over a million fans crowding the Capitol to celebrate their country's historic World Cup win in a thrilling end to the tournament. How are you feeling about this win? Our dreams come through. I'm feeling that my heart was stuck. I believe for Argentina. Argentina's hero, Lionel Messi,

finally getting his World Cup victory, becoming one of the best players in the game, only rivaled by legends like Diego Maradonna and Brazilian icon Pele. The 35-year-old has said this would be his last World Cup and his last chance to lift the train. trophy. Buenos Aires erupting with excitement after Argentina made its final penalty kick,

giving the South American nation its first World Cup win since 1986. In Messi's hometown of Rosario, tears. Even this grandma couldn't resist joining the celebration. I cannot express how happy I am. I cried, happy tears, sad tears, and then happy tears again. Football glory for a nation where soccer as a religion, messy and his team giving their country a moment. they'll never forget. And for the kids wearing Messi's jersey, one more reason to keep dreaming.

Megan Fitzgerald, NBC News, Doha. Congratulations to Argentina. Thank you for joining us for Top Story. I'm Aaron Gilchrist, in for Tom Yamis, in Washington tonight. Stay right there. More NBC News now on the way.