Top Story with Tom Llamas - Thursday, September 14, 2023

Episode Date: September 15, 2023

Tonight's Top Story has the latest breaking news, political headlines, news from overseas and the best NBC News reporting from across the country and around the world.

Tonight breaking news, the president's son, criminally charged. Hunter Biden indicted on three felony counts for allegedly lying about his drug use when he bought a gun. The charges coming weeks after a plea deal fell apart, the jail time he could be facing if convicted, and how the White House is responding tonight. Trump, one-on-one, our Kristen Welker, sitting down with the former president, his reaction to those charges against Hunter Biden, as he gears up to take on President Biden in the 20. race and the ruling tonight about Trump's trial in Georgia. Running out of time, auto workers prepared to strike at midnight if a deal isn't reached with three major carmakers, how far apart the two sides are on salary demands and other sticking points, and how soon consumers could start to feel the effects.

Bracing for impact, a tropical storm warning issued for Massachusetts as Hurricane Lee marches toward New England, Boston could start feeling Lee's impact as, as early as tomorrow will bring you the latest track. Asylum seekers released new video showing hundreds of migrants getting dropped off in San Diego as they wait for their claims to be processed. The release sparking concerns just days after Homeland Security admitted they've lost track of more than 170,000 migrants on U.S. soil. Plus a landmark settlement in California, why one school district has been ordered to pay

$27 million to the family of a 13th. 14-year-old who was bullied to death. And Gator versus Girl Scouts, the shocking moment an alligator, closed in on a group of 11-year-olds at a lake in Texas, and the man who survived a shark attack in Florida, describing the moment he was bitten in the face, why he and those Girl Scouts say they're lucky to be alive tonight. Top story starts right now. Good evening. I'm Kate Snow. No, in for Tom Yamis. We begin top story tonight with that major news on Hunter Biden, now indicted on three felony counts for allegedly lying about his drug use in order to purchase a gun.

Here are those charges. You can see them, all three of them carry the potential for time in prison. In total, the president's son facing up to 25 years in jail if he were found guilty. Hunter Biden, now the first child of a president to be criminally charged. A fate he and his lawyers had tried to avoid by working out a president. plea deal with prosecutors that would have covered that gun charge, the gun charges, as well as charges related to his taxes. But that deal, you remember, fell apart under the scrutiny of a federal judge in Delaware. Hunter Biden's criminal trial will now run parallel to his father's campaign for re-election. A fact, his opponents are already eager to seize on. In a moment, how former

President Trump is reacting to the news in a one-on-one interview with NBC's Kristen Welker. But first, NBC Capitol Hill correspondent Ryan Nobles leads us off. Tonight, Hunter Biden under criminal indictment and facing the possibility of prison time. Any comment on the Hunter Biden investigation, sir? Special counsel David Weiss, not commenting today after handing down three federal felony gun charges against Hunter Biden for allegedly lying about his drug addiction when he purchased a firearm. Two of those charges carrying maximum sentences of 10 years in prison. It comes just two months.

after that controversial plea deal fell apart under a judge's scrutiny. Weiss had negotiated an agreement for the president's son to avoid any prison time by going through a pretrial diversion program on the gun charge and pleading guilty to misdemeanor tax charges. Republicans had slammed it as a sweetheart deal for the president's son and blasted Attorney General Merrick Garland for choosing Weiss as the special counsel to investigate Hunter Biden. Tonight, a top Republican told us the gun charges are not enough.

rank those crimes one through 12. I would rank this one a distant 12. And ironically, this is the one crime the president's son committed that you can't tie back to the president. House Republicans have opened an impeachment inquiry to investigate whether President Biden benefited from the foreign business dealings of Hunter Biden and other Biden family members, though they've presented no direct evidence against President Biden yet. And the White House says their investigation has been a bust. That's what they have spent all year doing and have turned up with no No evidence. None. He bet he did anything wrong. Meanwhile tonight, one of the two IRS whistleblowers to testify to Congress that Hunter Biden was given preferential treatment during the tax investigation is speaking out to NBC news.

I'm a 38-year-old gay man. I'm my politics are simple. I am a Democrat. Joe Ziegler telling NBC's Tom Winter that Weiss was not the right choice for special counsel. There come a point where there were witnesses that you wanted to interview that prosecutors said, we don't think that's a good idea. Yes, there were multiple witnesses that we wanted to go interview and we were shot down. Should the American people have confidence in the outcome of this case? There were leads that we didn't follow. There was evidence that we didn't follow. There were things that we didn't do in those five years that were essentially halted from the, the prosecutors.

And Ryan Nobles joins me now. Ryan, how is Hunter Biden responding tonight? Have we heard anything? Only from his attorney, Kate, who says that the charges are not warranted and that no evidence has changed, but instead says that MAGA Republicans are interfering in this process. And as to those whistleblowers, Weiss, he was a Trump appointee, has said that he was acting independently.

Ryan, Nobles in Washington for us. Ryan, thank you. With the president's son now facing three felony charges, how could this case place? out in court. NBC News legal analyst Danny Savalos joins us now. Danny, so the plea deal fell apart dramatically back in July. Was it expected that they would probably move ahead then and charge Hunter Biden with these drug-related or gun-related, excuse me, gun-related, I guess, and drug-related charge because he allegedly said he was using, did not say he was using drugs at the time. And also, how unusual are these charges? Imagine your Hunter Biden's

defense team. You walk into court in July thinking you've secured a a really good deal for your client. Pretrial diversion, which happens so scarcely in the United States, in the federal system. It happens all the time in state court. But in federal court, candidly, wasn't even really sure it ever happened. I knew it existed. It wasn't really, didn't know of anyone ever getting it.

But at the end, by the end of the day, what started out as a positive day for the defense turned into a disaster. So if I'm Hunter Biden's defense team, I'm still thinking, okay, we got the wording wrong. We need to go back. We'll hash this out. We'll be back here. We'll get a mulligan. We'll do this again. And we'll get that deal. Because if the government is interested in offering it, something that like, hey, are you finished investigating me? Should be something we can wrap up. And guess what? They couldn't. And they indict Hunter Biden, not in California for taxes, not in some other jurisdiction where presumably special counsel authority was needed to expand beyond the District of Delaware.

but right in the district of Delaware. Hunter Biden's defense team, if this was not forecast to them, they must be a surprised as I am. Is it unusual to charge this specific sort of you could not, you know, you can't buy a gun and say that you're not using drugs when you are? That seems like it might be difficult to prove. Well, yes and no. Two of the counts are essentially false statements in the purchasing of a firearm.

When you fill out your FFL form, it's got a very clear question there. Although in modern era with marijuana being kind of legal, that question is a little stranger, but are you a habitual user or addict of drugs, of illegal drugs? So there's the false statement there, and then there's what I would say is the very unusual charge, which is being a habitual user or addict of illegal drugs, whatever the case may be. The reason that's unusual is that the overall statute is charged all the time. That same statute includes things like, are you a felon? with a gun. All the time, charged all the time in federal court, very stiff penalties. But

it's a lot easier to prove that somebody is or is not a felon. Right. It's very difficult to prove that somebody is a user of drugs. What does that mean? Does that mean that I have too much NyQuil? Does that mean that I went to Amsterdam on vacation and did something totally legal there, which is, you know, partake in marijuana? Although he has written in his book about being a drug user. Exactly right. But the government likes sure things. And maybe the book, it might be helpful. It may not be the sure thing. Given everything where you just talked about with the plea deal that collapsed before, could he be try, could his lawyers be trying to work out another plea now? Or is it too late? I believe they will. I believe that

they will consider to try and negotiate. Although at the same time, if you're the defense, you're really frustrated at this point because you had a fantastic deal and accepting something less than that doesn't feel like a win at this point. How likely do you think it is that he ends up in prison, ultimately? Oh, the sentencing guidelines will call for an incarceration sentence. He's got, he's not a He has no prior criminal history that I'm aware of. If he does, that would launch him into another category. But on these charges, they won't consecutive him. They won't add up all the total potential years.

He's not going to get 25 years. Yeah, we said up to 25, but that's unlikely. That's what we must report, because that is the maximum possible sentence, but it is not going to happen. The sentencing guidelines will call for an incarceration sentence, and he's likely to serve that. If he doesn't get a plea deal, as you explained. Or if he goes to trial, he could be acquitted because, you know, the government. of course. Or, and a third option, they've already signaled they're going to challenge the

constitutionality of this statute as applied to him. Given the Supreme Court's decision last year in Bruin in 2022, the law in firearms and the Constitution is a little bit in flux. Who knows they might have a shot. Danny Savala, it's always great to have you. Thank you so much. And we do have exclusive reaction tonight to those new Hunter Biden charges from former President Trump. He sat down today with our Kristen Welker for his first broadcast. interview since leaving the White House. Mr. President, can you continue to say that there are two systems of justice? Well, I think there's no question about it.

He had a plea deal that was the deal of the century, the art of the deal. You could write a book on it, the art of the deal. And all of a sudden, that was broken up by a judge who was able to, a brilliant judge, actually, who was able to see through what was happening. And it's a sad situation. I mean, nobody should be happy about this. And Kristen's with me. also had a chance to ask the former president about the legal troubles that he faces

and whether he might pardon himself? Kate, that's right, and this was an interesting answer. Former President Trump said it's unlikely he would look to pardon himself if he were reelected because he said he didn't do anything wrong, but for the very first time revealed he did consider it during his final days in office. Mr. President, if you were reelected, would you pardon yourself? I could have pardon myself. Do you know what? I was given an option to pardon myself. I could have pardon myself when I left. People said, would you like to pardon yourself? I had a couple of attorneys that said, you can do it if you want. I had some people that said, it would look bad if you do it, because I think it would look terrible. I said, here's the story. These people are thugs, horrible people, fascists, Marxists, sick people. They've been after me from the day I came down the escalator with Milan. and I did a great job as president.

People are acknowledged great economy, great jobs, great this, great that, rebuilt the military, space for us, everything. I could go on forever. Let me just tell you. I said, the last thing I'd ever do is give myself a pardon. And, Chris, I know you also pressed him on abortion rights? That's right, Kate. I asked former President Trump if he would support a federal ban on abortion.

He says he's going to negotiate a deal on all sides. he wouldn't commit to a federal ban or a number of weeks. But he did take aim at Governor Ron DeSantis for signing a six-week ban into law in Florida, saying that that goes too far. Kate? Kristen, thank you. And you can see much more of her interview with former President Donald Trump on this Sunday's Meet the Press. Now to the latest on former President Trump's legal battles in the Georgia election interference case.

A judge ruled today that co-defendant Sidney Powell and Kenneth, Kenneth, Chesbrough will be tried separately on October 23rd, but it's unclear when the other 17 defendants will go on trial, including Mr. Trump. Let's bring in NBC News legal analyst, Angela, Senadela. She's with us. Angela, so the Fulton County District Attorney, Fannie Willis, was pushing to kind of have all 19 defendants tried together. But then there were some that wanted to be tried separately, as we just said, and the judge decided to separate out Powell and Chesbrough. Why do you think he made that decision, and how does that make it complicate things moving forward? So the judge had to separate those. He had to allow Chesborough and Powell to have a speedy trial, to have one starting October 23rd, because it's their constitutional right

in the state of Georgia. If you request one, you get one. But the judge's role is also to look at fairness overall. And so the judge did listen to the other defendants who want to have more time to prepare for this massive racketeering trial. So he's balanced. those and severed them, and we'll see what happens with the other 17. And he said, the judge said, I'm sorry, she said, the judge is female, yes? The judge is a male, but the prosecutor is a female. Forgive me. I'm mixing things up. Okay, so he said the judge that the logistics of having all 19 on trial at once would be impossible because they don't have a big enough courtroom,

basically. Do you think we're going to see more motions to sever to break this into pieces? Yes, and the judge even noted that today. He said it's very possible that they won't even see those 17 together. I don't know how many trials will be severed. I don't know how many times this will be bifurcated and split up. But I do think that we will see more motions. So the judge is allowing until December 1st for more pretrial motions to be filed. And we expect others to hope to be severed. And so what does all this mean for President Trump? Did we get any indication today about when his trial might happen? Well, we expect it won't happen until 2024. But also, I think it's interesting that Trump and his team will be able to see what happens with Powell and Chesbrose trials beforehand

and get to see what arguments work and what don't. And also the prosecutors will be able to see as well what's working and what's not. Taking a step back, do you think, Angela, that this was the right move for the prosecutor to bring a case against 19 co-conspirators? Or is it making it just such a mess that it's going to be hard to handle? I do, because that's the beauty of the RICO statute. So Fannie Willis was able to bring this as a racketeering trial. What that means is that she is weaving a narrative between all of these defendants together. So for her, the goal is to get them all in one room, for them all to look guilty and seem like they work together. Splitting it all up amongst different people just gives the defendants more room.

Angela Senadella, always great to have you. Thank you. Appreciate it. Well, tonight, one of the largest unions in the country is just hours away from a potential strike. The contract for United Auto Workers set to expire just before midnight as it fails to clinch a deal. with the Big Three automakers and just moments ago, President Biden talking with leaders on both sides to see if there might be any hope of a last-minute deal. NBC's Jesse Kirsch has the latest. After weeks of contentious bargaining between the United Auto Workers and Detroit's Big Three, tonight negotiators running out of roadway. Can you still get a deal by midnight? We don't know.

In less than six hours without new contracts, the UAW says for the first time ever it will strike against Ford, General Motors and Chryslerone's. Delantis simultaneously. The UAW doesn't back down from a fight. Late today, Ford's CEO, Jim Farley, telling me the UAW's president still has not made a counteroffer. It was a historic offer to protect the jobs in the future for our employees and for the people he represents. And we still haven't heard back.

GM's president warning a strike has wide-reaching consequences. It hurts everybody. It hurts our employees. It hurts the communities where these plants are. The UAW says all three companies are still offering a pay bump far short of its demands, which include bringing back pensions and retiree health care, plus the right to strike over plant closures and cutting the time it takes to make top pay. It's totally untenable. We can't sustain our company.

We'd go bankrupt in a matter of years. If they strike, auto workers like Michelle Thomas will get just $500 from the union each week. Food and toiletries already being donated for those in need. We're going to have to find ways to make ends me because it's just not myself. As two other people, I'm responsible for it. CNBC reports the UAW's initial walkout could target key facilities in three states, possibly paralyzing manufacturing. Once the UAW strikes at a transmission plant, it pretty much cuts final assembly production almost within a day or two. UAW's president vowing the list of targets could grow.

This is going to create confusion for the companies. It's going to turbocharge the power of our negotiators. According to one estimate, strikes it. at GM and Ford alone could cost the companies over $5 billion combined each week. Plus, new car and replacement part availability could eventually be hit depending on how long the strike lasts. Jesse Kirsch is with me now. Jesse, we mentioned the president making phone calls tonight.

What are we hearing on the ground tonight? Yeah, Kate, still no word on agreements at this point. But we do now know from the White House that President Biden spoke today, according to the White House with the UAW president as well as with company leaders. Ford CEO says that a potential strike within hours at some facilities could lead to layoffs at other facilities. He calls a possible strike chaos. Kate?

Jesse, thank you. With the clock ticking down to this possible strike, what are both sides really asking for and what impact could it have on all of us? NBC News Business and data reporter Brian Chung joins me now. Brian, Jesse mentioned the UAW workers are asking for more money. What else are both sides asking for? Yeah, it's worth rehashing exactly what the two sides are asking for here. And what we're talking about here numerically is just the difference in wages.

The UAW asking for a 46% wage bump compounded over four years. The best offer that we're aware of as of right now, again, things could be changing as we get closer and closer to the deadline, is a 20% wage bump. And then the UAW is also asking for things like automatic inflation adjustments. and a 32-hour work week, and the automakers are offering a one-time bonus payment instead of automatic adjustments, and Juneteenth as a paid holiday instead of one day off every single week. So you can see just how why they are in terms of these discussions, only hours before that deadline, Kate. So pay, obviously, a big sticking point here, but how do auto worker wages fare if you compare them to workers in other parts of the economy? Yeah, and that context is important

within that very large eye-popping number of 46 percent. But the auto-worker, are saying, look, we are lagging behind the average American worker. When you take a look at the blue line here, these are workers and motor vehicles and parts industries as defined by the government. Their pay has only gone up by 14% over the last period since the beginning of the last contract, whereas the overall worker, the yellow line, that's gone up by 19%. And one thing that's really important to note here, too, is that this blue line will include both union and non-union.

But one other stat point that I want to bring up here is just the union wages at the three automakers, again, that are mostly represented by the UAW. The max rate per hour will be somewhere between $31.77 to $32.32 at the three automakers that are at the center of these debates. All auto workers as measured by the government, $27.99 an hour. So the automakers are saying we're already paying above average. So this is kind of a situation where you have the automakers saying one thing, the union saying another thing. But again, the union workers are saying inflation, inflation, inflation. Just because right now we're getting paid more, doesn't mean that. that it's kept up with inflation over the duration of the last contract.

Can I go big picture with you for a second? What impact if they go on strike is this going to have on the broader economy? And also, if you're in the market for a car, are you going to wait a while? Yeah, well, the implication is that if the auto workers do end up striking in part or in full, it's likely going to stop the supply chain of further new vehicles coming out of the plants. And we already know that car prices have been brutal in the lead up to this point in time because of COVID and then also the supply chain disruptions after the lockdowns were lifted. If there is a strike, one estimate is that there be 100,000 plus fewer cars arriving at dealerships

that could drive prices further higher cake. All right, Brian, thank you. Also tonight we are tracking the extreme weather threat from Hurricane Lee, a state of emergency declared in Maine, and a tropical storm warning has been issued for Boston as Lee closes in on New England. It comes after days of storms and flooding across the country. We get more from Kavana. Kathy Park.

Tonight, Maine, now under a state of emergency, with its first hurricane watch in 15 years. What are you doing to prepare for the storm? I'm going to pull my boat out tonight. I feel like it's been people are taking it more seriously than other storms we've had. Most of New England bracing for Hurricane Lee expected to turn up dangerous rip currents and storm surge. I'm kind of hoping that it's kind of light and I think it will stay light, but obviously, can change. Extreme weather out east, fueling lightning and flooding in Maryland. And this afternoon, more floodwaters in Atlanta, rushing into the dorms of Clark Atlanta University. Meanwhile,

new video revealing the strength of the monsoon storms that roared through Mesa, Arizona this week. Wow, this is, we're blowing hard over here. Sheets of rain making it nearly impossible for drivers to see the roads. You had to pull over because you can't even see. Powerful winds and heavy rain shredded airport hangers in Falcon Field, damaging several planes. The wind was so strong. It just blew it into the door, took it down. Back in Maine, clear skies for now as Hurricane Lee continues to track north. Kathy Park joins us now from Portland, Maine. So Kathy, what are folks they're bracing for for the next 48 hours?

Well, Kate, good evening. And a bit of good news. According to the latest models, it appears Maine will be spared, a direct hit from the hurricane. But come Saturday, things will look very different around here with several inches of rain and powerful winds in the forecast after speaking with several folks here on the ground. They're definitely getting ready. They're watching the path of the storm very closely, but they're hopeful that there will be minimal damage. Let's hope. Kathy Park, thank you. And we are closely monitoring this track. So let's take a look from NBC News meteorologist Bill Karens, who's been watching it for days for weeks now, Bill. What do we see? We're seeing a trend that we like. Better for us, not as good for our friends. Nova Scotia and the Canadian Maritime. So the storm itself still huge. It's not that powerful

anymore. It's not going to weaken much between now and say tomorrow night at this time. Still 85 to maybe 75 mile per hour winds, but we're not going to go through the hurricane force gusts anyways. The large waves tomorrow will be arriving on the coastlines of the Carolinas up through the Mid-Atlantic. Tomorrow night, we'll get those large waves hitting areas in New England. And you notice that the center of the storm looks like it's in head towards Yarmouth and over western portions of Nova Scotia. This area is colored in here. This is where we have the best chance of tropical storm force wind. So that's 40 miles per hour plus. So that's the best chance of power outages where the leaves on the trees. Definitely down east Maine, coastal Maine. And then

maybe a little bit here in areas of Cape Cod. Notice Boston is not in this and either is Portland. It looks like the coastal areas will be right where we're going to see the highest gusts. And at this point, they may not even be strong enough for significant tree damage, which was great that we can minimize the amount of power outages. So in case we do get those stronger winds, we do have those tropical storm warnings that are issued, it only takes a little shift between now and then to get stronger winds at the coast. But the trend is much better than it was yesterday. So as far as what we're going to deal with wind gust, this right now is the forecast maximum wind gusts. If we only get a gust of 43 in Boston, that's not going to knock many trees down at all, and you'll probably

have power. Portland 48, same for you. Out on the Cape, that's getting to the point where we could have some power. I would just same with Down East Main. I'm not too concerned with the storm surge, one to three feet. As long as it doesn't happen at high tide, we should be okay. And the rainfall, it may not even rain that much in Boston or Portland, just down East Main. So we've had the shift towards the coastal areas, and I think we may just get a glancing blow out of this one. Let's just hope it doesn't shift again the other direction, right? All right. That's why we watch it. Yeah, Bill, thank you so much. Let's go to Florida now, where state officials are under fire. For guidance, they issued about the new COVID vaccine, the state surgeon general,

said that people under 65 should not get the shot. Critics say the move is the latest effort by Florida Governor Ron DeSantis to politicize the deadly virus. Dasha Burns has the latest. Tonight, as Americans are getting their first doses of the new COVID shots, a battle brewing in Florida over who should roll up their sleeve. We did not and we will not allow the dystopian visions of paranoid hyperchondriacs control our health policies, let alone our state. Florida's Surgeon General issuing new guidance against the vaccine for anyone under 65.

In direct defiance of CDC recommendations, the agency says anyone over six months of age who has not gotten vaccinated in the last two months should get the shot. There's essentially no evidence for these MRI COVID-19 products actually increase your chances of contracting COVID-19. The CDC firing back saying, quote, public health experts are in broad agreement about these facts. And efforts to undercut vaccine uptake are unfounded and dangerous. The Florida Surgeon General is wrong. He's not practicing medicine.

He's practicing politics. There's every evidence out there that if you're unvaccinated or if you're not up to date with your vaccines and you're an adult, that it's important to get this booster shot. CDC data shows vaccines have provided enhanced protections from pre-vaccinated. previous variants of the virus. Against the BA1 variant, a booster shot increased vaccine effectiveness against COVID-related hospitalizations by 24 to 31 percent and against the BA2 variants by 28 to 45 percent. But it's DeSantis' bucking of the CDC and federal COVID response that helped transform the Florida governor into a national Republican star at the height of the

pandemic and arguably opened the door to his presidential bid. States like Florida that got people back open, we were attacked mercilessly because we were doing that. If approved by lawmakers, DeSantis' effort permanently restricts COVID shot and mask rules in schools. It prevents public and private employers from hiring and firing based on MRNA shot status. You don't take somebody like Fauci and coddle him. You bring Fauci in, you sit him down and you say, Anthony, you are fired. Now, the virus is taking center stage in a bitter GOP primary. Today, in an interview with Megan Kelly, former President Donald Trump discussing vaccines. First of all, no mandates.

I don't want mandates. I never had mandates. And trying to distance himself from the country's former top infectious disease doctor Anthony Fauci, to whom he awarded a presidential commendation for his work on the vaccine. I don't know who gave him the accommodation. I really don't know who gave him the accommodation. Presidential accommodation. I know.

Somebody probably handed him accommodation. DeSantis on Fox News Radio this afternoon, mocking tree. for the apparent reversal. It literally says President Trump awards commendation. Is this the immaculate commendation or something like that? Is this happened to the thin air? Give me a break. People need to take responsibility for their action.

The world's deadliest pandemic, a political wedge yet again. And Dasha Burns is with me now. Dasha, DeSantis obviously is a governor and a candidate right now. How is that playing into sort of his strategy against the frontrunner Donald Trump? Well, it's a big part of the strategy. This is where he sees sort of his biggest contrast with the former president. So he is absolutely using this on the campaign trail already today. He's been using it to go after the former president.

And this is where he's kind of trying to remind voters why he caught fire in the GOP in the first place. He was the governor that took on the establishment, that took on the CDC, that took on the federal guidelines when it came to this pandemic. So I would not be surprised if you heard a whole lot more from Governor DeSantis on this. COVID issue. And you've already even seen DeSantis and other Republican candidates kind of jump on some of those incidents of schools, school districts issuing masking mandates for kids. They see this as a way to sort of fire up the base and get them on board with their policies. Dasha, thank you. Still ahead tonight, a historic settlement after a tragic death in California, a school district ordered to pay the family of a 13-year-old who was bullied by his classmates for

years, the multi-million dollar payment they're set to receive. Plus two cyber attacks on the Las Vegas strip, the major casino chains that were targeted and the ransom, one of them agreed to pay. And a dramatic rescue in Oklahoma will show you the moment an officer pulled a driver from a burning car. Stay with us. We're back now with a tragic story out of California, where a family just won what is being called the largest bullying settlement in the United States. The lawsuit coming after the death of the family's 13-year-old child, who they say had been bullied for years.

NBC Steve Patterson reports under warning to viewers that some of the details and images are disturbing. Tonight, a Southern California school district reaching a record $27 million settlement over the bullying death of 13-year-old student Diego Stolz. Cell phone video captured the 2019 attack at Landmarked Middle School in Marino Valley. We're freezing the moment before Stoltz was punched by a classmate,

knocking him to the ground and causing him to hit his head on a nearby pillar. And once on the ground, he was struck again. The boy's aunt and uncle, who were his guardians, fighting tears as they remembered their nephew. According to the lawsuit, the family reported, was being harassed by students for two years, and that in September 2019, Diego told the vice principal about several physical attacks. A statement from the family attorneys saying the assistant principal told Diego to take Friday off and that everything would be taken care of

when he returned on Monday. However, his attorneys claim, when Diego returned, the attack took place. He died because of a fight that no one was preventing and everyone's just taking videos of it. The two teens involved in the beating originally faced Mansler. charges, but after 45 days in detention, they were ordered to complete 150 hours of community service and participate in rehabilitation programs. The principal and two assistant principals were removed from Landmark Middle School as a result. The lawyers for Diego's family say administrators never reported the previous assaults to police, which is required by law.

The only way to prevent things like this from happening is making sure that staff, adequately trained, that there's adequate security in place. The school district saying in a statement, there have been changes regarding anti-bullying efforts, including a website where students can report bullying and sexual harassment, Diego's family and their legal team, now hoping the hefty settlement is a wake-up call. The end goal here is to inspire and tell and send a loud and clear message to school districts across the country that they have to deal with bullying in a way that's adequate, that puts the kids first, it puts the families first, because if they drop the ball, there's going to be

serious consequences. Steve Patterson, NBC News. Just heartbreaking. When we come back, convicted killer Alec Murdoch back in court, the disgraced former attorney making his first appearance since he was found guilty of killing his wife and son. The separate charges he is now facing. Stay with us. We're back now with Top Stories News Feed, and former lawyer Alec Murdoch appeared in court today. This is the first time we've seen him since he was found guilty and sentenced to life in prison for murdering his wife and son back in March. He was back in a South Carolina courtroom this morning for a different case. Murdoch faces over 100 fraud-related charges, including money laundering and tax evasion. Those charges will be heard at a trial in late November. A heroic act by a police sergeant in southern Oklahoma caught on camera.

Video shows the officer racing toward this burning car trying to put out the flames with a fire extinguisher. When that didn't work, he reached into the burning wreckage and pulled out the driver. Both the officer and the driver were not seriously hurt. No word on what caused that crash. We're learning new details about those cyber attacks that hit Caesars and MGM Resorts. Sources familiar with the matter telling CNBC that Caesar's entertainment paid out a $15 million ransom to a cybercrime group that was threatening to release personal data. That ransom reportedly paid days before hackers took down MGM systems impacting credit card

transactions, hotel room keys, gambling machines. That same group has reportedly made a ransom demand to MGM, but no word if that was paid out. And Bill Maher is bringing back his late-night show without writers. In a social media post last night, Marr announced the show would resume, saying other staff on the show are struggling amid the strike. Marr says he would, quote, honor the spirit of the strike by not performing scripted segments, including a monologue. The Writers Guild calls Mar's decision disappointing and says guild members will pick it. Let's turn now to the migrant crisis and the images coming out of San Diego where U.S. Customs and Border Protection agents were seen dropping dozens of migrants off on the street. of the city of San Diego, Customs and Border Protection is calling it a standard procedure,

but critics are concerned migrants and asylum seekers are being allowed into the country without any proper tracking. Valerie Castro has those details. Dozens of people filing off three buses in San Diego, the majority adult men, carrying a backpack of belongings with documents in hand. The group released by Customs and Border Patrol at a local transit center to figure out the next steps in their journey. It's no problem by Georgia Chicago. CBP calling the drop-offs standard procedure,

but critics say it's proof of an oversight in a strained system across the Department of Homeland Security, losing track of asylum seekers as they wait for immigration hearings, while many continue to arrive at border crossings. Was it a rough journey? Yes. How many days? Two days.

My husband beats me any time. A border patrol agent telling NBC San Diego, about 700 migrants were there on Wednesday, waiting along the border fence. Some setting up camp there while the nearby border crossing is temporarily shut down. The drop-offs, a way to alleviate crowding at the crossings. But the DHS Office of Inspector General, an internal watchdog group, found that during a 17-month stretch, 177,000 address records for migrants processed and released into the U.S. U.S. were blank or did not contain legitimate locations. CBP explaining that migrants are released near transit centers when non-governmental aid groups

are at capacity and after consulting with local governments. In a statement saying in part, CBP is working according to plan and as part of our standard processes to quickly decompress the areas along the southwest border. The concerns also growing thousands of miles from the border in New York City. Immigration is a federal problem. It calls for a federal solution, where state and city leaders continue to pressure the Biden administration for help. Help us decompression people at the border so that we're not getting 3,200 people through our front door. Let's call for a federal declaration of emergency.

The Department of Homeland Security conducting an assessment of the city's handling of the migrant influx, a senior DHS official familiar with the team's findings telling NBC's Julia Ainsley, the team found the city has no exit strategy to see. that migrants find their way out of its shelter system. I keep reminding everyone that no matter how well we do to get people out the system, if we have that amount of people that are continuing to come through the front door, it is going to be hard to keep up. And Valerie Castro joins us here in studio.

Now, Valerie, you mentioned a border crossing that is temporarily shut down. Can you tell us more about that? Kate, this is a section known as the Ped-West border crossing, and it's an area that people who live and work on both sides of the border routinely used to get across. It's a pedestrian crossing. It is temporarily closing because customs and border protection says there has been such an increase in human smuggling that there are a lot of migrants now at that section of the border and there are not a lot of resources. So they're closing that crossing and redirecting everyone to the neighboring one where they can better help

them. All right, Valerie, thank you. Now to Top Stories Global Watch and the race to stop the spread of the NEPA virus in India. Health officials say at least two people have died, but more than 700 people are being tested in the southern state of Kerala. The virus is mostly spread through contact with bodily fluids of infected animals or humans. Health officials say it can escalate from a headache to a coma within days, and it can be fatal. Officials are rushing to close schools and have set up containment zones. And one of Princess Diana's iconic sweaters selling for $1.1 million at auction, the red and white wool black sheep sweater, now the most expensive piece of Diana's clothing sold at auction ever. She first wore it during a polo match in June

1981 when she was weeks away from marrying the future King Charles. Many have seen that black sheep as a symbol of how she felt in the royal family. It has been replicated over the last 40 years, and similar versions are still sold to this day. Now to the remarkable story. Now to the remarkable story of survival for that American cave explorer stuck thousands of feet underground for nine days. Today, Mark Dickey, describing how rescuers saved him and brought him out alive. NBC Stephanie Gossk has that story. There were moments Mark Dickey says when he thought he wasn't getting out of that Turkish cave alive. I'm feeling very good compared to where I started off on this rescue. Speaking from a hospital room in Turkey alongside his fiance and fellow caver,

Jessica Van Ord. He described the harrowing ordeal. At first, it was, I have no idea what's going on, but it's probably not like threatening. This is like threatening. I need help. Van Ord climbed more than 3,000 feet out of the cave after Dickie became suddenly ill, vomiting blood. It just knew that I was definitely fit for that job to get out of there and then get back as soon as possible and coordinate a rescue while up on the surface, if necessary. What started as an exploration expedition turned into a massive international rescue effort. There's lots of different medical terminology, but circling the drain is one of glomen. I was down pretty damn deep in that drain.

At times, he says, he was only semi-conscious. Rescuers gave him a blood transfusion. I'm not healed on the inside yet, so I need a lot of help to get out of here. Loaded on a stretcher, Dickie was pulled up. to safety after an arduous 57-hour effort. Cave rescuers are a family. I'm the person I got rescue. They did all of the work to get me out, and I trust them.

Thankful, he says, and not surprised, that the tight-knit caving community answered his call. Stephanie Gosk, NBC News. Incredible. Coming up next, the growing crisis in Libya, 20,000 people feared dead. After catastrophic flooding toured through a major city there, why the U.N. is now The U.N. is now saying that unthinkable toll could have been prevented. That's next. We're back now with those catastrophic floods that ripped through eastern Libya.

The death toll now surpassing 11,000 and expected to rise. And the U.N. says the scope of the disaster might have been avoided. Raf Sanchez has the latest. Tonight, as the waters recede, the staggering scale of destruction in eastern Libya is coming into full view. days after flooding overwhelmed the city of Durna, the mayor's office tells NBC news up to 20,000 people are dead, and many more missing. We lost a lot of people. We lost our memories. We lost our city. Rescue crews now trudging through a vast graveyard and facing a near endless task of collecting bodies. The UN today says the catastrophic death toll could have been avoided if

warning systems were in place. The emergency management authorities would have been able to to carry out evacuation of the people, and we could have avoided most of the human casualties. But this video, verified by NBC News, shows that instead of ordering an evacuation, authorities imposed a curfew, effectively trapping people in their homes. The floods were triggered by Mediterranean Storm Daniel, which dumped nine months of rain in just hours. The deluge bursting first one dam, then another, the floodwater funneled down a now. narrow valley into the coastal city. Years of war and political dysfunction

mean that despite repeated warnings, the dams haven't been repaired in 15 years. We said it and nobody listened to us, this man says. And now the whole of Durnah is flooded. Brothers Safwat and Mubarak pleading for help. It's a disaster. It's just a disaster, you know. Like we don't even know what to say,

not to say it. We're speechless. A tragedy beyond the scale of words. And we may never know the exact death's hole from this catastrophe, but it appears to be one of the worst flooding disasters globally in at least 50 years. Kate? Raft Sanchez, thank you. For more on this incredible tragedy, we're joined now by Amal Bargudi.

She is an advocacy and communications officer with the UN agency UNICEF in Libya. Amel, thank you so much for joining us. As I understand it, members of your team are headed to. to DERNA tomorrow. What are they doing when they get there? What are they expecting and hoping for? Thank you so much. So we have a field office in Benghazi and we have also our representative who was there in Benghazi yesterday. They're heading to Durnah actually to do more in-depth assessment with other UN agencies and also with the local authorities. What we've been doing so far in the past three days is to provide life-saving supplies, as with our initial assessment from partners

on the ground, Libya at the crescent, of course, and other partners. Based on their assessment, we are doing life-saving essential materials interventions. We're providing safe drinking water, hygiene kids, medical kids, as well as clothes. But now, I mean, we know that the numbers are increasing in all, like most of the city are collapsing, is damaged, really damaged. The hospitals are partially functioning there. They've established a temporary hospital, and also for the schools, we've heard that six schools are badly damaged, in Dernah especially, nevertheless, the other three cities.

that are really impacted because of the storm. So the team is going there to tomorrow and also after tomorrow. On Saturday, they're doing in-depth assessment for the buildings, the constructions, the roads, and everything, yeah, for more, you know, planning for a rabbit response more than, in addition, of course, to the life-saving interventions. You talked about some of the supplies that you're bringing in, some of the things you're doing. Tell me more about what needs to be. done now? What, you know, what can be done to help the people who've survived?

We're still in the, I think we're still in the position of doing life, life-saving interventions. This is what people are most in need. I mean, the situation here is really devastating. The tragedy is massive. I mean, I'm talking about thousands, dozens of thousands of people who are now this place. I'm not talking about the or the displaced people, thousands of them are left with nothing, like literally, they just have their clothes on. And I mean, they are in this pretty need of shelters. Where are they living?

Where are people living? They have been, some of them are going with relatives. Some of them are shelters in schools and public places, unfortunately. So, I mean, there are huge needs of essentials, not basics, essentials, food, water, a roof, I mean, clothes. That's why UNICEF is appealing for $6.5 million to do life-saving interventions only. Now, in a long term, and a medium term as well, we think that we need a lot of that for reconstruction, building, but also most importantly for psychosocial support for the children, for displaced

children, especially. We're talking about, I mean, more than 200,000 children impacted by this disaster. So, I mean, it's massive, and it needs that. That's why our team are now, tomorrow will be on the ground to do more in-depth assessment to see the medium and also long-term interventions and needs for the city. Our thanks to you for joining us. When we come back, danger in the water, an alligator closing in on a group of Girl Scouts and a shark biting a surfer in his face. Those two remarkable stories of survival up next.

Finally, tonight, two close encounters with animals in the water. Girl Scout troop faced off against an alligator during one of their trips, and now a Florida man is speaking out after he was bitten in the face by a shark over the weekend. NBC's Maya Eaglin has those stories. This is an emergency here, the alligator. It's in the water. A terrifying moment for one Texas Girl Scout troop. An alligator charging at the troop while they were swimming at Huntsville State Park over the weekend. Look how big it is.

The 14-foot predator closing in on the group as school. screams and panic rang out. I was thinking, this is the day I die. The troop leader and parents quickly jumping into the dangerous water and able to get everyone to safety unharmed. I always say that I love them to death. I always say I would do anything for him. No, I definitely know I would.

The incident just one close call from over the weekend. Sharks were spotted near Daytona Beach before one attacked. The scariest thing I've probably ever been through in my life. Mark Somerset was surfing. on his face show just how lucky he is to be alive. It was pressure, and I'll tell you, that pressure, it was like a crunch. I heard the crunch. It just felt, like I said, the bear trap was crunching on my face.

The shark fighting down on Mark's face as he got away. He was afraid the shark would come back for more. I jumped on my board, paddled in. I thought that sucker was going to come back for me. It took 20 stitches to close Mark's wounds. But even the pain wouldn't stop Mark from getting back on his board. Yeah, I'm going surfing again. Why?

Because I love it. I love it. There's nothing in the world that makes me feel better than surfing. And for the Texas troop, some scouts learned a valuable lesson. I was close enough to get hurt, and I didn't even know it was there. So I was probably focused on my surroundings more. As they earned more than just their camping badge that trip. Maya Eklund, NBC News.

Yeah, that is for sure. I say that as a former Girl Scout leader. Thank you so much for watching. Top Story with Tom Yamas for Tom Yamas. I'm Kate Snow here in New York. Stay right there. More news now on the way.