Top Story with Tom Llamas - Thursday, August 3, 2023

Episode Date: August 4, 2023

Former President Trump pleads not guilty to federal charges related to his alleged efforts to overturn the 2020 election. A fugitive who escaped a Colorado prison is found in Florida five years later -- living a lavish life with a new identity. An Air Force veteran accuses the VA of discrimination for allegedly denying her fertility treatments because she is in a same-sex marriage. Hundreds of thousands of people in Kenya have handed over their biometric data in exchange for cash. And the young football fan who scored a high-five from his hero, Baltimore Ravens quarterback Lamar Jackson.

Tonight, breaking news, Donald Trump placed under arrest for a third time. The former president touching down in Washington, D.C., where he surrendered to federal authorities, pleading not guilty to the four felony counts against him for attempting to overthrow the 2020 election. Trump fingerprinted and processed appearing only briefly in front of the cameras before returning home. Tonight will break down the case against him and what all of this means for his 2024 campaign. Grim discoveries near the southern border, two bodies recovered from the Rio Grande near a controversial buoy barrier put in place to deter migrants. The debate tonight over how exactly those migrants died and the renewed calls to remove those buoys. Also breaking late today, two Navy sailors

charged for allegedly spying for China, the sensitive material they're accused of sharing in exchange for bribes from Chinese officials. In Air Force veteran who says exposure to jet fuel left her unable to have a child filing a class action lawsuit, alleging she was denied coverage for fertility treatments because she's married to a woman. Why her lawyers argue this is pure discrimination. Plus, a man who escaped from prison in 2018 busted in Florida, how he managed to hide in plain sight for so many years

while flaunting a lavish lifestyle. And Matt Dash, a Somali sprinter, so clearly out of her league in this 100-meter race. It's prompted an apology, a suspension, and now possible legal action. What we're hearing tonight about how she ended up there. Top story starts right now. Good evening. I'm Ellison Barber in for Tom Yamis. Tonight, a historic and somber moment for this nation as former president Donald Trump surrendered to federal authorities in Washington, D.C.,

where he was placed under arrest for a third time. in this instance, for his alleged efforts to overturn the 2020 election and undermine the very foundation of our democracy. The former president flying from his golf club in New Jersey to the nation's capital, stoic as he walked off the plane. Outside the courthouse in D.C., supporters of the former president, as well as protesters, gathering the scene largely calm with no major security issues reported. Inside the courthouse, Trump fingerprinted then brought before a judge where he pled not guilty to the four felony counts brought against him by special counsel Jack Smith. The man who launched his career in front of TV cameras largely avoiding them today,

his motorcade swiftly leaving the courthouse after the proceedings wrapped. In his only public comments, which lasted less than a minute, Trump calling this a sad day for America, blasting the charges as the persecution of a political opponent. We'll have much more on the political fallout straight ahead, but first NBC's Garrett Haake was one of the few members of the press actually inside that courtroom today. He leads us off from Washington. Once again, a former American president is a criminal defendant in court. Donald Trump leaving his Bedminster Golf Club in New Jersey in a motorcade to the airport for the flight to Washington, posting, it is a great honor because I am being arrested for you. After arriving, vehicles winding

through downtown D.C. to the federal courthouse in the shadow of the U.S. Capitol, where the conspiracy he is alleged to have led concluded with the deadly January 6th riot. The Republican frontrunner tonight pleading not guilty to four federal charges, all related to what prosecutors say was a criminal scheme to cling to power after losing the 2020 election. He was processed and fingerprinted, but no mugshot taken. Inside the courtroom, Mr. Trump and his attorneys roughly 15 feet away from special counsel, Jack Smith. Prosecutors not objecting to Mr. Trump's release, the judge reading out conditions, including not talking to witnesses about the case.

In an overflow room, two Capitol police officers and a D.C. officer who were there on January 6th. With personal aid and co-defendant in the classified documents case Walt Nauta nearby, Mr. Trump slamming the new charges. This is a very sad day for America. This is a persecution of a political opponent. This was never supposed to happen in America. This is the persecution of the person that's leading by very, very, very. substantial numbers in the Republican primary and leading Biden by a lot. So if you can't beat

him, you persecute him or you prosecute him. This is the third arraignment for Mr. Trump in four months and the most serious of the indictments he faces, with charges including conspiracy to defraud the U.S. and the rights of voters. Prosecutors alleging Mr. Trump first tried to pressure state officials to change election results, then allegedly asked his vice president who refused. Later, summoning supporters on the 6th, though the indictment does not accuse Mr. Trump of inciting the riot. The Republican frontrunner arguing the case is designed to force him to spend large amounts of time and money to defend himself, instead of focusing on his 2024 campaign. Trump allies blasting what they call a partisan DOJ. When it comes to Donald Trump, there are no rules, destroy him, destroy his family.

When it comes to Hunter Biden and Joe Biden, they get away with almost everything. The former president's defense likely to include an argument that his false claims about a stolen election were constitutionally protected free speech. An argument dismissed by his former attorney general turned fierce critic Bill Barr. No, I really don't think that's a valid argument. Free speech doesn't give you the right to engage in a fraudulent conspiracy. Garrett Haig has been covering it all for us. Garrett, the magistrate judge set that first hearing for later this month. What should we expect to see in that hearing? Well, the key thing that's going to come out of that hearing, Ellison, will be the setting of a trial date. The prosecution has made it clear.

They want to move quickly. They actually push for an even earlier hearing to set the trial date. Mr. Trump's strategy is all predicated on delay, though. The defense team in the courtroom today pushed for the latest possible date to set the first hearing and made it clear. They want the latest possible date to start this trial. Alison. Garrett Hake in Washington. Thank you.

With the trial date expected to come down later this month, could we see the former president have his day in court before the first primaries? NBC News legal analyst Danny Savalos and former U.S. attorney David Kelly join us now. Danny, let's start with you here. Garrett talked about the potential timeline of a trial. We have heard the former president's lawyer, John Laro, argue against the Speedy Act here. rightly pointing out that the right for a speedy trial, that seven-day period, is a right for the defendant in a case, not the United States government. He's made the argument on NBC programming

that the government has had years to prepare this case. 60-plus people working on it, they should have the same amount of time. What is a reasonable time frame here? Oh, that's a tough question. So the Speedy Trial Act is really designed to protect the defendant, not the government. So the government isn't really asking for a speedy trial under the act so much as it's just asking for a speedy trial. The act is one that the defendant can waive, and often they do if the case is unusually complex and the interests of justice require more time to prepare for trial. But people are often surprised to find that under the speedy trial act, it's 70 days from arraignment to trial. Strategically, a defendant would want to take advantage of that if they think the government

is equally as unprepared as they are, or the defendant feels more. more prepared than the government. That is not this case. The government is ready to try this case probably tomorrow. All they would have to do is call up the witnesses, print out all the exhibits, and they're ready to go. This is a case where the defendant needs additional time. And the Speedy Trial Act gives a defendant the right to have a speedy trial, but not a delayed trial. It doesn't give them that right. So it's really ultimately up to the judge in this case to pick a date. Seventy days is way too soon. Three years? Way too long. That's not going to happen. Realistically, I mean, the judge might end up setting a trial date, let's say, in January or February. But even that date could get pushed out. Because as we've seen already in the Mar-a-Lago documents case, things happen. Unexpected things happen that delay these cases.

David, let's bring you in here because we've also learned that some key figures are at the top of the witness list. People like former Vice President Mike Pence, former Attorney General Bill Barr. It is a heavyweight witness. list, right? I want to play some of what former Attorney General Bill Barr said on CNN last night, and we'll talk right after. I have come to believe that he knew well that he had lost the election. And now, what I think is important is the government has assumed the burden of proving that. The government in their indictment takes the position that he had actual knowledge that he had lost the election and the election wasn't stolen through fraud. And they're going to have to prove that beyond a reasonable doubt. How critical would that kind of testimony be from his then attorney general?

It's critical, but let's take a step back because, you know, Trump is promoting this idea that he was, had a reasonable belief that he had a belief that the election had been stolen. The question is really, is that a reasonable belief? That's not a legal question. That's so much of a question that the jury is going to have to decide. And when you have somebody like Bill Barr who contests by saying, I told him it hadn't been stolen, And we have testimony from Pence to say, and he was told it hadn't been stolen, that's going to undermine that.

But more important, you know, you have these co-conspirators statements that they don't need those co-conspirators to say that because of the hearsay rules. Other people who heard that can bring that evidence in the courtroom. And so, for example, things to say like him referring to Sidney Powell as crazy, that suggests no. he didn't believe it. And when he says things to Mike Pence, such as, you know, you're too honest, well, that suggests he knew that it wasn't true that he had, that the election had been stolen from. So I think it is, I think what Bill Barr said is right. I think it's a burden on the government, but I think it's one that they're well prepared to me. Danny, as a defense lawyer yourself, walk us through how from the defense side of things, this free speech argument,

I was listening to my lawyer, how that might play for a jury. Those are two separate arguments, but the advice of counsel argument, a lot of people have been bringing that up, and there are two important points about that. Number one, it would almost surely require Donald Trump to take the stand and talk about what advice he got from counsel. Number two, it results in a waiver of attorney-client privilege, which usually means if you call those attorneys in, they're going to say that's not the advice I gave that person. But part three, these are also co-conspirators in the case.

That creates some thorny issues because they could assert their Fifth Amendment, and then you never find out what the advice was that they actually gave. Except that in this case, there are some emails, there are memoranda, some of the people you see on the screen there authored actual memoranda of theories of how this whole election thing would go down. But I would take a step back if I'm the defense and not focus so much on advice of counsel, but make it broader. words, set the stage. At the time, there were people, maybe it wasn't technically attorney-client advice, but instead, people like Sidney Powell, who, you got to remember, at one point in time, had credentials. She was a respected attorney at one point in time. Rudy Giuliani, at one point in time, was America's mayor. So while these people are discredited now by many, relying on them, John Eastman, by the way, professor at the time, Donald Trump, yes, we are. Yes, we are.

are people like Mike Pence are calling them crackpots now. And that's a valid position. Obviously, the former vice president takes that position. But if Donald Trump, you don't have to believe that Donald Trump was getting good advice from these people. They just need to create reasonable doubt. And that's why, really instead of advice of counsel, they're going to put the entire election on trial again, if they can. And that's a big if, because federal judges have no sense of humor about overly creative defense theories if they're not relevant and if they're not admissible. Those are the kinds of things that the defense may try, but they may find that it's precluded. And David, when we're looking at these charges, the conspiracy charges,

when you look on the surface, this case has less charges than the other two we have seen the former president indicted for in New York State, as well as that other federal case that is in Miami. Most conspiracy statutes, though, in the U.S. Code, they do not require, as an element, right, the commission of an overt act. From the prosecution standpoint, one, how do you push back on these arguments you're hearing the defense already start to make? And two, do you think the special counsel has more than what is in these indictments? I think the special counsel has come up with a very compelling indictment. And I think it doesn't spell out everything that it has. I think that it's also, you know, the conspiracy charges really undermine this notion of, you know,

It's a violation of his First Amendment. I think he's got some really uphill battles here. Just to go back to the advice of counsel of defense, and some really good points were just made. But at the end of the day, the advice of counsel defense is going to be a very narrow one. And one of the requirements of it is that you understood or you believe that it was reasonable advice. And when you look at all the evidence that's just that, which is in the indictment, When he's referring to one of his lawyers is crazy, and it is clear that he's been told by the Attorney General of the United States that there's no fraud.

It's very difficult for someone to credibly carry out this notion that he was reasonably relying on reasonable advice. So I think it's an uphill battle form. I think it's a really good indictment, and I think the indictment does not lay out everything that the prosecutors have in store. All right. Former U.S. Attorney David Kelly and NBC News legal analyst Danny Savalos. Thank you both so much for your time tonight. And for more on the political fallout following this latest indictment and what it means for the 2024 presidential election. Let's bring in political strategist, Rina Shashi, served as an RNC delegate in 2016, and Michael Star Hopkins, CEO of Political Communications firm, Northern Star Strategies, and a former Clinton and Obama campaign staffer. Thank you both for joining us.

Thrina, I want to start with you. Former President Trump posted on social, or truth social, rather, before arriving in D.C. He said this, quote, I need one more indictment to ensure my election. Ever since he started as a presidential candidate, anytime he did something experts thought might be career ending, it seemed politically to only strengthen him. Should we only expect him to keep going up in the polls every time he's indicted? I think the more you hear Republicans on Capitol Hill join in with President Trump talking about how this indictment reeks of political motivation. You do hear within the Republican electorate some degree of not confusion so much as, well, what is this all doing right now?

How come it's all coming down right now? It feels as if it's raining indictments, right? But what we know is that justice takes time. And many Republicans right now want to cry out about weaponization of the Department of Justice and they want to also talk about how Trump had a First Amendment right. That is a defense they want to use for this third indictment. And they think that if they say it enough times, that it's going to be true. And what they're really counting on is, again, this average Republican voter out there

sowing doubt in their minds and therefore getting a bit of a sympathy boost for Trump in any poll. Michael, former President Trump is also using his indictments to attack his political opponents, including President Joe Biden. and Biden has not yet commented on this indictment and has not really spoken about any of the former president's legal issues. At what point, in your view, should the current president start attacking his likely 2024 opponent on this issue? I think he should wait until the day after election day. There's no world where Joe Biden should jump into the fray and participate in this conversation. To some degree, this is a political conversation in terms of Democrats. And the more

he engages, the more Republicans can use the argument that he's weaponizing DOJ. So I think any interference or any conversation coming from the White House would not be smart strategy at all. Rina, it's interesting because Governor Ron DeSantis is the closest Republican candidate to former President Donald Trump in the polls. He was actually giving advice to the Trump team, suggesting they should ask for a change of venues in this case. Do you think we're going to see a shift in Governor DeSantis' campaign test? as he deals with these issues. I think we've started to see it with

former Vice President Mike Pence, but is there politically a moment with when, if you were advising the DeSantis team, you would say, okay, you have to go more on the attack here. Well, it's important that we delineate the facts here. Number one, legal experts have debunked that, that the case can be moved to West Virginia next door, by the way, a state in which former President Trump won by something like 40 points in 2020. So getting a suitable venue for this case just isn't possible. and going further and how to really work out the legal and the political intersection of all this for any of these GOP candidates, it's a tough thing to do.

On the one hand, you're running against President Trump. You know, you want to topple this big personality, and he's not just a big personality. When people talk about why they still get behind Trump, it's because of how he comes across as powerful. Today, when you saw him on the tarmac speak so briefly, I believe he's never spoken this briefly to the press. Maybe he's finally listening to his lawyers. But again, when he spoke so briefly, he did project that same sort of power that people feel sort of drawn to. People meaning Republican voters, they are reminded of sort of when things felt really good for them. And right now, under Biden, the cost of living, and then again, the economy, and then you talk about crime, national security.

All of this is really playing in the minds of Republican voters. How does a GOP candidate capture that? They can't do it well at this point. There's just too much in the stream, so to speak. And keeping with the politics of this on the right, Rena, I want to play a little of what former Vice President Mike Pence has said about this. There's been a very noticeable shift in the language he is using as he discusses this in the last 24 hours or so.

Listen to what you recently said. President Trump asked me to put him over the Constitution, but I chose the Constitution, and I always will. I mean, I really do believe that anyone who puts themselves over the Constitution should never be president of the United States. And anyone who asks someone else to put themselves over the Constitution should never be president of the United States again. Rina, he's even got merch now that says, too honest. How do you think this will work for him on the trail? I don't think this will do much for him in terms of him being a candidate for the GOP nomination.

But I do think this sort of tracks with who Mike Pence is a person. I remember him on Capitol Hill over 15 years ago and just how he would thump the Constitution at every turn. And this is no different because this third indictment is about January 6, 2021. It is about election interference, and it is about the former vice president's role that day on Capitol Hill. And so it gets personal for him. And I see what I see him saying there and using the phrase crackpot lawyers.

Wow, I would have never guessed Mike Pence to even use. that word, but it shows that he's angry and he's motivated to get out to the Republican electorate, the facts, the reality that there was no way under the Constitution. Trump had the right to direct anyone to do what he did that day, and especially under the charges in this indictment. Michael, what does all this mean politically for Democrats? Biden is still a vulnerable to an opponent. In the most recent polling, he's tied with Trump.

What do you want to see happen here? Do you want Donald Trump to be taken down and imprisoned, or is he the candidate Democrats would prefer to face off, regardless of everything else going on? Yeah, I think Democrats should be careful picking who they want to run against. That was kind of the folly of the Clinton campaign in 2016. We got a little overconfident, and I worry we're going to do the same thing again, given how vulnerable Donald Trump is. But I think really the most dangerous thing here is the fact that members of Congress and

the Republican Party and right-wing media have decided they're once again, going to back Donald Trump. The same people who were running from insurrectionists in that building right behind me are now defending him and making up arguments for why he should be president again. I appreciate what Mike Pence did on January 6th, but where was he on January 5th and November 5th in the months before? You know, all the people who enabled him always managed to find political courage once they're non-factors. We need people who are willing to stand up in the moment. All right, Rina Shaw, Michael Star Hopkins. Thank you both for your insight and analysis.

We appreciate it. Now to a grim discovery along the U.S. southern border, two bodies in the Rio Grande with one found at the floating barrier that Texas installed in the river. Now, Texas and Mexican officials are pointing fingers over who's to blame. Here's Julia Ainsley. Tonight, tragedy in Texas. Two migrants dying in the Rio Grande.

And now a dispute over where it happened. Mexico says a body was found stuck in one of these controversial floating barriers, Texas installed, to stop illegal border crossings. Buoys the Biden administration is suing to remove, citing a danger to migrants. But Texas Governor Greg Abbott says the Mexican government is flat out wrong. Preliminary information points to the drowning occurring before the body was even near the barriers. Those buoys connected by sharp blades and backed up on shore by the razor wire. haven't stopped dozens of families from attempting to cross. For weeks, the controversial barrier has drawn criticism.

From the Mexican president, demand of respect to our sovereignty and to the international. To the Biden administration, who is now suing to remove the barrier, citing a danger to migrants. Meanwhile, tonight in Arizona, the crisis getting worse. With border restrictions tightening and Texas officials here in Arizona say Tucson is now the busiest sector, with over 1,000 migrants

crossing here a day. With the Border Patrol in Nogales, we come across a group of mothers and children and the sweltering heat. This mother and son tell us they have been sleeping in the mountains and walking until they were exhausted. What did you have for food and water? Nothing, she says, we are hungry. It is a lot easier. Agent Alejandro Alvirae tells us there's a significant rise in families. Family units, people as young as, you know, one-year-old kids, also a lot of 70-year-old elderly people that are also crossing with you. And then there is the rough remote terrain, an unforgiving desert heat, often leading to airborne rescues. We have people who are hydrated for the most point, who have broken their legs, twisted their ankles, stuff like that,

do people who are severely dehydrated and on the brink of death. On the ground, Patrol sharing these images of large groups of migrants that have arrived in the Tucson sector, all in the past month. While the Border Patrol Union argues migrant numbers are high because of Biden administration border policies. You don't have consequences and you don't have real policies to stop that. It's never going to end. And a growing flashpoint tonight over 1,000 miles away in New York City. Hundreds of migrants sleeping on Midtown Manhattan sidewalks outside the Roosevelt Hotel, now a migrant shelter and intake center. Officials say arriving migrants will cost the city over $4 billion. The mayor pleading for federal help. We need help, and it's not

going to get any better. From this moment on, it's downhill. There is no more room. And Julia Ainsley joins us now from Tucson, Arizona. Julia, in your report, you mentioned there is a growing number of migrant families passing through the Tucson border sector. What is pushing these families to take this dangerous trek along a dangerous section of the Arizona border? You're right, Ellison. It is the most dangerous trek here because of the terrain, because of the sweltering heat, but more migrants are heading west. And a lot of border agents I've spoken to say it's because things have gotten harder in Texas. You talked about those buoys earlier, the two deaths that we're now hearing of. They were at least around the area of the buoys. Of course,

there's a debate about whether or not the buoys are to blame for those deaths. But as they face more restrictions in places like Texas and more violence in northern Mexico cities like Juarez, they're coming over here, crossing around Nagalas and further west because it's believed that it's safer from crime and that they won't face as many repercussions as those crossing into Texas are now facing from Texas Department of Public Safety. Julia, before we let you go, I want to ask you about some of your exclusive reporting regarding the Biden administration's migrant processing centers across Latin America. How has that been working? Is it working out as planned? Well, not quite. If you go back to their original announcement in April, this is right before they lifted those COVID restrictions stated as Title 42, they wanted to encourage more migrants to apply for refugee status in their home countries, rather than taking these dangerous journeys we're talking about tonight, Ellison.

But instead, those refugee processing centers have yet to actually get anyone processed all the way to the United States. They say they've been able to process thousands. It's not clear there have been any success stories yet. And when I've spoken to advocates who have pressed the White House for more answers, they say now the Biden administration wants to turn this to a completely online process. What they wanted is brick and mortar offices, just like you see in countries throughout Africa and the Middle East, where people can come apply for refugee status. Now that they may be turning that into an online process, they're worried that migrants won't get their fair shake and a fair chance to make their case. Julia Ansley in Tucson, Arizona. Thank you so much. Next tonight, two U.S. sailors under arrest accused of providing sensitive national security information to China.

Authorities saying they shared photos of military hardware, vehicles, and intel on Navy movements, among other sensitive information. One of the sailors allegedly receiving $15,000 in exchange for the information. Andrea Mitchell has late details. Tonight, the Justice Department says the two Navy sailors have each been arrested for selling military secrets to China. Sensitive military information ended up in the hands of the People's Republic of China. The first defendant, 22-year-old Jin Chau Wei, faces espionage charges. Wei sent national defense information to China, including. documents, photos, videos, and technical manuals.

In exchange, his intelligence officer paid way thousands of dollars. Authorities say Wei, a machinist made on the USS Essex in San Diego, sent the Chinese intelligence officer photos of military hardware and vehicles and divulged information about warfare exercises. The second person charged in a separate case, 26-year-old petty officer Wen Hang Zhao from a naval base in Ventura County, California. Federal authorities allege Zhao received approximately $15,000 from a Chinese intelligence officer in exchange for sharing operational plans, Navy movements, and blueprints for a radar system

at a U.S. military base in Okinawa, Japan. In short, Mr. Zhao chose a path of corruption. The indictments come amid heightened fears about China-based cyber espionage, with Microsoft reporting that Chinese-backed hackers broke into the email accounts of state and Commerce Department employees, including the Secretary of Commerce. Both men held security clearances. Shao just appeared in federal court and pleaded not guilty. Allison.

Andrea Mitchell, thank you. Still ahead tonight, a high-rolling fugitive caught by police. A man who escaped from prison on the run since 2018, the break in the case just last week in what the U.S. Marshals told top story about how they ultimately tracked him down. Plus, terrifying moments in Ohio, a roller coaster stopping nearly two hundred-year-old. hundred feet in the air. The scary climb down passengers had to make. And Leah Remney, once again, taking aim at the Church of Scientology, why she's suing 35 years after leaving the congregation. Stay with us.

We're back now with the latest in the Gilgo Beach murders, a case we've been following closely here on top story. Prosecutors now asking for a DNA swab from Rex Hewerman, the suspect, charged with three counts of first-degree murder, who appeared in court for the first time earlier this week. Hewerman, also the prime suspect in the disappearance and death of a fourth woman. For more on this development and what it means for the case moving forward, Stephanie Gosk joins me now. Stephanie, prosecutors already have Heuerman's DNA, right? Why the second swap? So think about how they got it, Ellison, right? A pizza box that he threw out. Now, you can imagine a scenario, perhaps, where the defense might say, well, you don't know if that was his

DNA or he touched that pizza box, right? They're basically dotting their eyes and crossing their teas. They want him to get this cheek swab, and they're actually going to record it, according to them. So they want that extra step. And what it shows you is that DNA is so central to this case. And originally, and what the prosecutors had said, is that they were able to tie the DNA on that pizza crust. to a strand of hair that was found at the crime scene, right? So now what they're trying to do is forget the pizza. We've got the DNA from Cheekswell.

What is next for this case? I mean, I feel like so many people have just been hanging on every little update from the family going back to the house on. What should we be watching moving forward? There's a press conference that's announced for tomorrow. And it is not just Suffolk County officials. So it is the DA. It is the police commissioner. but it is also state police and it is also the FBI at 10.30 tomorrow morning on Long Island

and they say that it is going to be an update in the investigation. We don't know what that update is going to be, but all of the players in this task force that has reopened this case and obviously made great strides, they're all going to be there tomorrow to announce it. And you will be there as well. I will indeed. All right, Stephanie Gossk, thank you so much. We appreciate your report. You're welcome. Now to the fugitive who escaped federal prison in Colorado discovered thousands of miles away in Florida, living a life of luxury with a brand new identity.

He's also accused of making about $700,000 from fraud schemes he allegedly ran from a prison cell. Marissa Parra has our interview with the U.S. Marshals that tracked him down. What do prison fugitive Alan Todd May and high society Jacob Turner have in common? Authorities say they're the same person. The 58-year-old fraudster on the run for five years finally captured this week in Florida. Being on the run almost five years, and he was pretty effective in evading capture. Authorities say May broke out of a federal prison in Littleton, Colorado in 2018, six years into a 20-year sentence for mail fraud.

According to U.S. Marshals, he drove a work truck off the prison grounds, then rented a U-Haul and took it to Fort Worth, Texas. He was seen at his mother's Houston home the following day, Then he vanished without a trace until this week when he was taken into custody in Fort Lauderdale, Florida, roughly 2,000 miles away from the prison he escaped. There's just an incredible air of arrogance in his behavior. There's a tremendous amount of self-confidence in his behavior. There's an extreme amount of manipulation in his behavior. The year's long manhunt coming to an end more than a decade after his initial sentencing in 2012. But authorities say his crimes didn't stop there.

Last summer, three and a half years after he disappeared, a federal grand jury slapped the wanted escapee with more charges. The indictment alleges that between 2016 and 2018, while he was in prison, he ran fake business scams, ranking in more than $700,000 from behind bars. These are very charismatic individuals who have the ability and really good interpersonal skills where they're able to to manipulate people into assisting them in their nefarious actions that they're going to carry on.

The U.S. Marshals say it chased leads from California to Michigan to Texas until last week, a break in the case. An anonymous tipster sent this photo from the Palm Beach Daily News. There was Alan Todd May hiding in plain sight and living under an alias, Jacob Turner. He was in the middle of a move, so they were able to follow the U-Haul truck just from good, shoe leather detective work were able to get some surveillance, identify him, and then subsequently apprehended. Investigators tracked his location to this neighborhood in Fort Lauderdale, Florida. They linked him to a Palm Beach penthouse where he was allegedly flaunting a lavish lifestyle.

I think he got complacent. I think he thought nobody was looking for him. And if you're dealing with the United States Marshal Service, that's never the case. Now the man who hit in plain sight facing justice once again. Marissa Parra joins us now from Miami. Marissa, it's hard to believe a story like this, this day and age. Photos, they seem to be everywhere. What is the next step in this case? Well, he was certainly brazen. And in terms of what happens next, we can tell you that May appeared in Federal Corps just yesterday. And by the way, we did reach out to his lawyers. They did not get back to us. But the U.S. Marshals tell us that May has been ordered to go back to Colorado to face those escape and fraud charges.

Ellison, we're told that that should be likely by the end of the month. Marissa Parra in Miami. Thank you so much. When we come back in, Air Force veteran is suing over IVF. A new lawsuit alleging a 20-year vet was denied coverage for fertility treatments because she was married to a woman. Her story is next. Back now with Top Stories News News News News. and the desperate search for a missing mother in Georgia. Police say Amani Robertson was last seen leaving her mother's home on July 16th

and that her car was found burned last week, nearly 30 miles from her home. Robertson is mothered of four children. Police are urging anyone with information into her disappearance to come forward. Actress Leah Rimini is suing the Church of Scientology and its founder, David Miscabbage. In a new lawsuit, Remini alleges that the church is found. and followers harassed her, threatened her, and tried to defame her. The former King of Queen's star was part of the church for 35 years before a very public exit. In a statement to NBC News, the church calling her allegations, quote, pure lunacy.

And a frightening moment for roller coaster riders in Cedar Point, Ohio. New video shows passengers forced to walk down a staircase nearly 200 feet in the air after the coaster became stuck at the top. A park spokesperson blaming a mechanical failure. for the incident. Luckily, no one was hurt. When the coaster opened in 1989, it was the fastest and steepest in the world. Turning now to an Air Force veteran accusing the VA of discrimination. She says they turned down her request for fertility treatments because she is married to a woman. Valerie Castro has that story. Tonight, a decorated Air Force veteran says

she was denied fertility treatments because her spouse is a woman. This is someone who served nearly 20 years in the military. She loves her country. She loves military service, but she's shocked and disappointed that she's being treated like a second-class citizen. Ashley Sheffield is now part of a class action lawsuit against the Department of Veterans Affairs. She medically retired from the military in 2021 at the age of 38. The lawsuit details Sheffield's exposure to jet fuel and Phaas during her service, resulting in ovarian adhesions which can cause infertility. She says the VA recognized her conditions as service-connected, even compensating her for loss of a use of a reproductive organ. Ready to start her family after marrying her wife in 2021, she sought IVF

treatments, but instead says she was sent this letter of denial from her local VA program, stating, quote, you are not qualified if you're in a same-sex marriage or if the sperm is donated from someone other than a male spouse. I am sorry. I was incredibly surprised as a lawyer in the civil Wrightsfield that Ashley came to us and showed us this letter that the government was telling her in black and white, you don't qualify for a benefit because you're married to a woman. Sheffield lives in Massachusetts, the first state to recognize same-sex marriage in the country. And last year, Congress passed the respect for marriage act. Now, the law requires an interracial marriage and same-sex marriage must be recognized as legal in every state in the nation. But Sheffield's

attorneys say the VA is citing language in the 2021 Appropriations Act that outlines the eligibility for IVF coverage. The veteran and their spouse must be, quote, a cisgender opposite sex legally married couple. Is it fair to say that her fertility may have been affected by her service to our country, given what she was exposed to? And now that same country is refusing to take care of her because of who she's married to. That's exactly right. She put her life on the line. She sacrificed a whole lot of things over more than over two decades in the military. And, you know, her body was impacted by her service. We think that the government has an obligation to a duty to provide her with the benefits that she

deserves and she's earned through her service and through her sacrifice. A VA spokesperson telling NBC News the department does not comment on pending litigation. In a statement, the VA press secretary pointing to the president's fiscal year, budget submission that includes a proposal to expand access to fertility treatment, including for single veterans and those in same-sex relationships. It's our view that the Biden administration has the full authority to provide these benefits to Ashley Sheffield and every other couple that is in a same-sex marriage. Now Sheffield has sought out costly private fertility treatments while hoping change is in the

near future for other LGBTQ plus veterans and their families like hers. Valerie Castro, NBC News. And to break down the legal consequences of Ashley's experience, let's bring in attorney, Angela, Senadella, also known as the lawyer, Angela, on TikTok, breaking down the latest legal news to over a million followers. Angela, I'm so glad we have you with us to discuss this. I have to ask first, is this legal? If the federal government has a law stating same-sex marriage must be seen as legal and the spouses, that is a legal union, And how can the VA cite legislation that's more than a decade old saying the opposite?

So, Alison, look, is this discrimination? Yes, I think so. At the same time, is it possibly also legal? I also think so. And that's because the bar to qualify for this benefit is very, very high. It's not a benefit that's afforded to everybody and solely exclude same-sex couples. If you require a donor egg or a donor's firm, you are automatically outlawed, from qualifying. So while this excludes all same-sex couples, it also excludes a lot of opposite

sex couples. So that's why I think it is possible that it is legal. So what happens next year? I mean, who has the strongest case? And is this something that we could see challenged in higher courts? Yes, I think both sides actually do have strong cases here, because from the veterans' perspective, of course, this is discrimination. And it's literally the restriction of a federally funded benefit based off of marital status, which does qualify as discrimination. But on the flip side, I think the government can claim here that because this restriction is not solely two people of the same-sex marriage, but because also people of opposite sex marriages are also affected and restricted. And look, this isn't the only restraint, by the way. It also requires

there to have been a determination that the injury that is causing the infertility is explicitly related to service-related trauma. And as we know with a lot of women, you can't really identify infertility problems. In terms of moving forward, I do think this will go through the courts, and I look forward to seeing that happen. I think lawsuits often challenge legislation, and that moves it all forward. There's also though carve-outs in the military for rights, the Supreme Court tends to see military people with different levels of rights and civilians, so it's unclear what the Supreme Court would do here. But hopefully we're on the path towards equal access for all. All right. We will keep watching this case. Angela Sinadella.

Thank you so much. We appreciate it. Coming up next, the U.S. Embassy in Niger evacuated. The State Department ordering staffers to get out after a military coup catapulted the West African nation into chaos. What we're hearing from the White House about that crisis. Stay with us. Back now with Top Stories Global Watch and the latest on the apparent coup in Niger. The State Department ordering the evacuation of U.S. Embassy staff members,

and their families. President Biden releasing a statement today, calling the situation a, quote, grave challenge to the country's democracy and urging for the immediate release of the president who has been under house arrest since the apparent takeover began last week. And a sports official in Somalia in hot water over a slow sprinter at the World University Games. This now viral video shows the runner far behind her competitors during a hundred meter race. She finished more than 10 seconds behind the winner. The seemingly untrained runner is believed to be related to the head of the Somalia Athletics Federation. Somali's government says the official has been suspended and could also face legal proceedings. Staying overseas where silver orbs have been popping up

across major cities as part of a new artificial intelligence project named World Coin. In Kenya, hundreds of thousands of people have been giving their biometric data in exchange for money. Kenyan government officials scrambling to shut it all down. NBC's Megan Fitzgerald has more. This silver sphere, now the subject of privacy concerns across the world, an eyeball scanning machine promising to prove just how human a person can be in the fast-growing world of artificial intelligence. It's called the World Coin Orb, and it's the latest passion project by the founder of ChatGPT.

You need to confirm, yes. It's a world of authenticity. that works like this. To start, simply download World App. To sign up, just find the nearest orb right on the app. What this commercial fails to mention is the biometric data that is then collected in exchange for a digital ID. Some of those orbs found in Nairobi, Kenya,

where authorities are now scrambling to suspend operations, saying there are too many unknowns. Over the last week, more than 350,000 Kenyans have already gotten their eyes scanned here by the device in Nairobi. New users exchanged their biometrics for World Coin cryptocurrency equaling about 49 U.S. dollars. One Nairobi resident saying in part, I found it online, applied. When I got here, I found people queuing, and I applied and they scanned, and now waiting for the money. Kenya's communications authority now questioning where the data is being stored and what World Coin is doing

with that information. They're collecting critical data about, quote-unquote, say to be a good way for proof of humanity. How would this then increase the value in the short term? In the long term, perhaps if the demand for such kind of data increases, then you would say that it would be sold to the highest bidder. In a statement to NBC News, World Coin denies that it will or is selling. any personal data and will, quote, work with local officials to increase understanding of

the privacy measures and commitments World Coin implements, not only in Kenya, but everywhere. Ellison, Kenya is just the latest country to scrutinize World Coin's operation since they launched last week. Now there's growing questions around if what they're doing is even legal. Watchdog groups from countries like Germany, France, and the United Kingdom are investigating. Alison. Megan Fitzgerald. Thank you. When we come back, the best video you're going to see all day in eight-year-old superfan going crazy after getting a high-five from his favorite Ravens player. That moment is next. We're back now, and a massive effort is underway in California tonight to control the spread of an invasive pest that could threaten the agriculture industry there and far beyond. As Miguel Almaguer reports, they are in a race against time. This is the tiny invasive fruit fly now responsible for the first ever quarantine of its kind in the Western Hemisphere.

The discovery of roughly 30-tow fruit flies in the L.A. suburb of Stevenson Ranch prompted state officials to order the agricultural quarantine across nearly 80 square miles in Los Angeles County. We're not eating any fruit whole at the moment without. looking at it first. Officials believe the fly native to Asia arrived here by way of a traveler who brought in uninspected produce. Hoping to stop its spread, thousands of traps have been set, and residents have been blanketed with warnings not to move any fruits or vegetables from their homes. I think this is definitely a wake-up call. You can spread pests from one area to another without knowing it, and it can cause billions of dollars in damage. The yellow and black fruit flies discovery could pose a serious threat to the critical agriculture economy.

The invasive pest about the size of a housefly can lay eggs in produce, deeming entire yields of crops unfit for consumption. California's $51 billion ag industry helps feed the nation and the world. Lisa Tate's family has been farming since the 1870s. One pest can take out a crop. It can take at an industry in months. So it's so important to keep us out. Tonight, a big fight against a tiny fly. Miguel Almaguerre, NBC News. And finally tonight, football is back with the NFL preseason kicking off today and one eight-year-old Ravens fan, able to give up in the absolute best way when he scored a high-five from his idol. They say don't meet your hero. unless you're eight-year-old Mason young.

The Raven Superfan going viral for this priceless reaction after getting a high-five from none other than Baltimore quarterback Lamar Jackson. He's a role model. Mason, who's from Pikesville just outside of Baltimore, has been playing football since he was five years old, the goal to be like MVP Lamar. I want to have his feet and I want to have his throwing power. Now Mason is working on those skills with the purpose. pikesville wildcats. Lamar means everything to these kids. A lot of the kids don't even

wear their practice jerseys to say Pikesville. They want to wear their Lamar Jackson jersey before and after practice. They're practicing their Lamar Jackson move. Like, oh, I'm Lamar. I'm Lamar. To the young players from Pikesville, Jackson is much more than just a football store. Turn on the TV screen and to see Lamar Jackson representing your city. And you can say, you know what, I identify with him. He has braids like I have. a bridge. He might have his hair out. And he, you know, like these kids just idolize him because they see themselves in him. So for the team's hard work this summer, Coach Sahid bringing them to the Ravens training camp, which is where hands stretched out. Mason got that once in a lifetime

moment that's filling him with gratitude. Thank you to my teammates. Thank you to my coach. She said thank you to her much. Mason also telling us to look out for him in the NFL. In about 15 years, we definitely will. We thank the young family and their coach. And thank you for watching Top Story. For Tom Yamas, I'm Ellison Barber in New York. Stay right there.

More news now on the way.