Top Story with Tom Llamas - Wednesday, January 10, 2024

Episode Date: January 11, 2024

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, a rescue operation underway and Chris Christie drops out of the race for president. But first, that deadly avalanche at a popular ski resort in Lake Tahoe. The avalanche triggered in an area that houses a busy chairlift right after the resort opened. The debris field, about 150 feet wide and 10 feet deep. At least one person killed and another injured. The tragedy coming as the eastern part of the country cleans up from a dangerous winter storm, That left at least five people dead. Widespread flooding and nearly 100,000 people without power in New York alone.

And the severe weather not over yet. A third system now moving in expected to take a similar path across the country. Also breaking tonight, Chris Christie says he's out. The former New Jersey governor announcing he's ending his campaign just days ahead of the Iowa caucus. And many are wondering how Iowa's evangelical vote will play out in this year's first contest. The man, some say, is the most powerful voice in that community. Bob Vanderplats joins Top Story Live after endorsing Governor Ron DeSantis, why he's backing the Florida governor over former President Trump.

High school migrant shelter outrage in New York City after hundreds of migrants were housed inside of Brooklyn High School during that dangerous winter storm. The growing calls for New York to figure out a permanent solution for the 70,000 migrants in the city shelter system. Son's revenge plot, a National Guardsman accused of planning the murder of a driver who killed his mother in 2016. Authorities saying they have evidence he tried to hire a hitman, purchase weapons, and even tried to move his military posts to be closer to his alleged target, how he was eventually caught. No Way Out, an apartment complex near Chicago deemed unsafe and boarded up, but some residents say they were still inside when the doors were nailed shut

and claim they have the video to prove it. And Aaron Rogers, off the air for now, the scheduling shakeup for ESPN's Pat McAfee show amid backlash over comments Rogers made about Jimmy Kimmel and Jeffrey Epstein. Top story starts right now. And good evening. We're coming on the air with breaking news.

At least one person is dead and another injured after an avalanche at the popular Palisades-Tahos ski resort in California. New video showing crews getting on a ski lift to reach the impacted area. More than 100 mountain personnel and emergency crews spent hours searching through the snow. Resort officials say the avalanche took place here at the top of the bowl shortly after the resort opened this morning. Everyone is now believed to be accounted for.

This comes as millions clean up from that storm system on the eastern portion of this country. At least five people left dead after the system, unless. bleach tornadoes, snow, torrential rain, and winds equivalent to a category one hurricane. In Maryland, parts of Baltimore and Annapolis inundated with floodwaters, you see it right here, prompting water rescues. In New Hampshire, sea foam leaving streets in Hampton Beach completely blocked off. And in nearby Maine, Southwest Airlines confirming intense winds pushed a part plane at Portland International Airport into a jet bridge. Luckily, no one was hurt. Right now, more than a quarter of a million customers are still without power in the

middle of winter in the tri-state area. And it comes as we eye another coast-to-coast storm already firing up out west. Al Roker with the forecast in just a few minutes. But we begin with Emily Aketa and the late-breaking details on that avalanche. Tonight, another winter wall up charging into the west where an avalanche at a Lake Tahoe ski resort killed one person and injured another, according to authorities. The avalanche carved out a path 10 feet deep and 450 feet long. Rescue teams rushing to the scene. This is a very sad day for my team and everyone here. This comes as tens of millions are still reeling from a sweeping winter storm that thrashed much of the country. From blinding snow to tornadoes and downpours. Nearly five inches of rain inundated parts of an already drenched

northeast, swallowing cars and flooding neighborhoods. A raging river in Connecticut partially busted a dam today. This dam could be at risk. And right now, it looks like that risk is mitigating, but you can't be too careful. Officials ordering locals to evacuate near the Yantik River as people piled into rescue boats to escape fast-rising floodwaters. I've been here for about 30 years now, and I don't think I've ever seen the water come this high with this kind of force.

In northern New Jersey, rescue crews out again, just weeks after a December storm stranded residents. What's going through your mind as you're watching the water level approach your home? It's scary because you don't know how high the world is going to be. Every time a storm comes, we're like paranoid. At least five people died in this week's far-reaching winter storm that brought up to 15 inches of snow to Iowa and two dozen reported tornadoes across the south. Cars flipped and roofs ripped off. Tonight, a massive cleanup underway as another blast of extreme weather barrels in. Emily Aketa joins us now from Patterson, New Jersey, live here on Top Story.

Emily, there is just weather destruction in nearly every corner of this country. I do, though, want to go back to that deadly avalanche in Lake Tahoe. What more have we learned about the search? Hey there, Tom. Well, the avalanche we learned happened shortly after the ski resort had opened. It was a multi-agency search. And the avalanche resulted, as I mentioned before, in one person's death, another person's injury. Fortunately, a non-life-threatening injury. According to officials, we learned that they were both guests from out of town to other people. We learned from officials had been swept up by the avalanche, but fortunately, other people managed to pull them out from the snow, Tom. All right, Emily Aketa, leading us off for more on that deadly avalanche. I'm joined now live by Mark Sponsler. He's a snow and surf forecaster who was at the resort when this avalanche actually happened. He was down at the base of the resort.

Mark, thanks for joining us here. Describe for us what you saw this morning. Well, we pulled into the resort. It was snowing. 30-mile-an-hour winds near whiteout conditions, probably 300 feet of visibility. They were trying to get the lifts open. It was opening day for the KT lift, which is the lift that service services, the hardest and most extreme of the runs at Palisades, Tahoe. And then shortly after they opened, a group of people went into the top ball under the lift, and the avalanche occurred sweeping from what one person said was five people down the face of the mountain.

Can you tell me the moment you learned there was an avalanche? I know on days like this, people who are avid skiers. they want to get out there in the mountain. They love all this powder. Obviously, today was just too dangerous. What do you remember hearing about the avalanche when you first learned? Well, as soon as we pulled in, we heard there had been an avalanche. You could see that a bunch of the lifts were not running, and I went up and talked to patrol, and they said they were on their way up to go start organizing the search to locate the people

that had gotten swept up in the avalanche. Of course, you know, everyone wants to go skiing, but when these sort of events, happens. It's all hands on deck. And most of the people that were skiing there for pleasure at the top of the mountain helped join the search to try to locate any survivors. What was that operation like? Talk to me about the amount of people you saw go up the ski lift when they knew there was an avalanche that had just happened? There was, so I saw at least multiple sets of five groups of patrollers at a time, some on skis, some going up on the lifts, going up wave after wave at the same time they were radioing for help from their sister ski resort alpine meadows which is just two miles away all the patrol from that resort came over to and they went up to up the mountain to aid in the rescue and then talk to me about what you think the conditions were like right because even down at the base and we're looking at your shot now we can see that snow's still falling pretty hard i mean what were these conditions like because you're trying to find somebody and it's literally a blanket of of snow everywhere everything is white

and you're just getting hit in the face with the snow coming from every which way? Yeah, so it is really tricky. I mean, even down at the base, like I said, it was 30-mile-an-hour winds, maybe 300 feet of visibility, and up top on the mountain, which is another 3,000 feet straight up, winds were probably blowing much fat, harder, and snow, there was a new storm coming in, so there was much less visibility, white-out condition, freezing, and very difficult,

conditions to do a search and rescue operation in. All right, Mark Sponsler, who was at the base of that mountain during the avalanche. Mark, we thank you for your time. And as Emily mentioned earlier, the next major storm system, already on the move, bringing more dangerous weather coast to coast. So let's get right over to Al Roker, who joins us now in studio. So, Al, we're not getting a break now. This is the third major winter system we're seen in just the past week.

That's right, Tom. And this one is following the storm that just wreaked all this havoc. 36 million people under winter weather advisories storm watches storm warnings and blizzard warnings out west and stretching all the way to the great lake so this next storm dives down through the rockies bringing snow with it blast of cold behind that system into the central plains now tomorrow night we're going to be looking at the severe weather from little rock texarkana lufkin lake charles damaging winds hail possibility of overnight during the day tornadoes then we move into friday blizzard conditions stretching from missouri all the way to Michigan, and this storm system brings torrential rain into the mid-Atlantic and northeast, the possibility of flooding. We move into Friday night. Here's where we're really concerned. More severe weather from the Carolinas all the way to Alabama, enhanced risk of dangerous weather, hail, lightning, tornadoes possible, those nocturnal tornadoes twice as likely to be deadly. Now, we move into Saturday. We've got that storm system pulling away. Lake

effect snow starts cranking up, bands of snow circulating around the Great Lakes, and in the Northeast, powerful winds causing power outages and airport delays. All right, rainfall totals. We're looking at one to two inches of rain through the Mississippi River Valley, three to nine more inches of snow through the Great Lakes, and another 18 inches of snow, Tom, as we get into the Rockies and the Grand Teton's as well. It is going to be a real mess over the next 48 hours. And no rest for our weather teams at NBC. Okay, Al, we thank you for that. We're also following breaking news tonight from the 2024 campaign trail.

Former New Jersey Governor Chris Christie dropping out of the race for president. Just before making his announcement, Christy was caught on a hot mic criticizing his fellow GOP candidates. NBC's Garrett Haig has the latest. Tonight, Chris Christie announcing the end of his long-shot presidential bid, just five days before the first contest of the Republican primary. It's clear to me tonight that there isn't a path. for me to win the nomination, which is why I'm suspending my campaign tonight for

President of the United States. The most vocal Trump critic in the GOP field, the former New Jersey Governor had focused his campaign on New Hampshire, but struggled to gain traction. I am going to make sure that in no way do I enable Donald Trump to ever be president of the United States again. And that's more important than my own personal ambition. And while Christy made no endorsement tonight, he already faces pressure to back Nikki Haley, whom he has publicly defended in the past, but has repeatedly criticized in recent days,

including for not taking on Trump more directly. When you ask her the tough questions, she doesn't answer. Christy appearing to criticize her on a hot mic before his event began tonight. And she's going to get smoked, and you and I both know it. She's not up to this. On social media, Trump calling that a quote, very truthful statement. Christy's exit could give Haley a boost in New Hampshire, where polls show her closing the gap with Trump, and where a recent poll shows roughly half of Christie's

supporters listing Haley as their second choice. The two former governors sharing an appeal to similarly moderate and independent voters like Zach Clare's, who voted for Joe Biden in 2020. Who's it going to be in 2024? Nikki, Haley. Tell me why. I just think, you know, at this point, we just need a leader who's going to go in and, you know, unify the country. Someone that's willing to work on both side of the aisle. Gary joins us tonight from Iowa where there's going to be a debate with some of the candidates there in the state. Garrett, I first want to ask you about that hot mic moment before Christie announced that he would be suspending his 2024 campaign. Can you tell us any more about

it? Has there been any reaction from the candidates? It sounds like so far the candidates that are still in this race are being graceful about it. Not entirely, Tom. Look, I think that moment, threatens to overshadow a lot of what else Chris Christie had to say, in part because it was the kind of unvarnished thing. We're not used to hearing from politicians. Even those like Christy, who's pretty honest about his real thoughts, at least compared to most of the folks I've covered. We've already seen both Rhonda Santis and Donald Trump post comments to social media, basically agreeing with the idea that Nikki Haley would get smoked in this race. In that off-mike comment, Christy went on to suggest that Ronda Santis was freaking out about the

prospect of him getting out of this race. DeSantis hasn't grappled with that comment, but I'm sure he'll get asked about it. Even the Biden campaign has suggested that, you know, Christie's comments about Haley, or we presume it's Haley, not being ready for this and getting smoked means that Christie's supporters ought to go vote for Joe Biden instead of Nikki Haley or anybody else in this race. Tom, we have definitely not heard the last about that brief off-mike conversation. Haley's comment at least so far was graceful in the release she put out. I do want to ask you, this is not going to really have a miss. major impact in Iowa, right? It'll probably have a bigger impact in New Hampshire. And I know

some of the conventional wisdom is that people think that Nikki Haley may absorb some of these Christie supporters. Yeah, that's right. And we indicated that in a spot that at least from our, you know, the polling that we have seen in New Hampshire, there is a lot of overlap between Christie supporters and Haley supporters and that Christie being out of the race might free up some of those voters to go to Nikki Haley. But Tom, I'll posit you this. If we also see after Iowa, maybe Vivek Ramoswamy leaving this race or Ron DeSantis leaving this race. When you look at the polling, a lot of their second choice is Donald Trump. So we might be looking at a situation in which a smaller field in New Hampshire benefits both the two likely remaining candidates, Trump and Haley, equally.

But that's a bridge we'll cross next week after we get past the caucuses here in Iowa. All right. Garrett Hakefuss, Garrett, we appreciate that. The remaining GOP candidates are making their last pitch to voters. Florida Governor Ron DeSantis is hoping that he can secure a win in the Hawkeye State after picking up a major endorsement from prominent evangelical leader Bob Vanderplatt. He's a key figure in Iowa politics and is also the president and CEO of the family leader, a socially conservative organization in Iowa. He's endorsed several other GOP candidates who have gone on to win the caucus,

including Mike Huckabee in 2008, Rick Santorum in 2012, and Ted Cruz in 2016. Many consider him a kingmaker when it comes to Iowa politics. And Bob joins Top Story live tonight. Bob, thank you so much for joining us. I know this is not going to have a major repercussion, major repercussions in Iowa, but what is your reaction to Governor Chris Christie dropping out? Well, Governor Christie was in the race the entire time,

not really to be president. I said that right off the bat. He was there just to stop Donald Trump from ever becoming president again. But I do think that hot mic moment with Chris Christie is kind of out of the mouth the heart speaks. so when he says that Nikki's not up for this job or she's going to get smoked, and the people looking

for a clear alternative to Donald Trump, I think that's where they start breaking again for Ron DeSantis. I think DeSantis is going to have a very good night, Tom, on Monday night. You have a piece that you wrote in the Des Moines Register, an op-ed titled Caucusing for Ron DeSantis

is a good way to be a friend to Donald Trump. In it, you say Iowans choosing DeSantis on caucus night, January 15th. We will launch a candidate who can win, not just the primary, but the presidency as well. Why are you supporting Ron DeSantis? Well, first of all, he caught my attention in his land side election in 2022, and he won in demographics that we haven't won in, and he won after being a bold and courageous

leader, taken on COVID, taking on the wokenness in the schools and in big business. He's done a lot of good things that conservatives have been waiting for a candidate like this for a long time. So not only can he win, he can lead on day one, he can lead for two terms. And that's why I tell people, I've been a friend of Trump for a dozen years. This is not against Donald Trump. This is for the future of this country and for the next generation. And that's why I endorse Ron DeSantis. Well, Bob, I want to ask you about that, right?

In that same piece, you also say, quote, I want to put this up here for our viewers. I met Donald Trump, like you just said, in Trump Tower in New York City 12 years ago. Immediately, we struck up a friendship that went beyond President. politics. While I voted for the former president in 2016 and again in 2020, I've never endorsed him. Now in 2024, I remain a friend to him while endorsing Governor Ron DeSantis of Florida. But when you made your announcement, you were endorsing Ron DeSantis. Trump posted this on True Social. You didn't really sound like your friend. He wrote, Bob Vanderplatz, the former high school accountant from Iowa, will do anything to win something,

which he hasn't done in many years. He's more known for scamming candidates than he is for victory. But now he's going around using disinformation from the campaign, from the champions of the art, the Democrats. I don't believe anything Bob Vanderplatt says. Anyone who would take $95,000 and then endorse a candidate who is going nowhere is not what elections are all about. He was talking about money given to you by the DeSantis campaign and a super PAC and others aligned with DeSantis. So you're a prominent member of the GOP, right? As we said there in the introduction, you're a kingmaker. A lot of people believe that in Iowa. Why are you still calling former President Trump, your friend, when he says these terrible things about you in public?

Well, first of all, I'm a friend to him. Well, regardless of what he does to me, I'll be a friend to him. And the book of Proverbs in the scripture says, you can trust the wounds of a friend. And so what I'm doing is, again, I'm being a friend to him while I'm endorsing Ron DeSantis. And everything's, I know Donald Trump. And Donald Trump's a New York street fighter. This is how he plays. He takes your strength.

He tries to make it your weakness. Donald Trump knows better than anybody that my endorsement never has. has been and never will be for sale. And so what he wants to do is he wants to attack that. But that's okay. Ron DeSantis has been proven to be a leader. This isn't about me. It's about the future of the country.

And it's about the future of the next generation. And I think Ron DeSantis is the candidate for such a time as this. And I think it's why Governor Reynolds has also endorsed him, which was a historic endorsement. And I think it sets him up after all the time he's spent in Iowa. He's built a great organization. that on January 15, when the high is supposed to be a negative two, I think his organization turns out, and I think he's going to have a good night on Monday night.

I'm going to ask you about that in a moment, but I do kind of sort of want to hone in on this, because from my observations and a lot of people watching this race, it seems like people who want to beat Donald Trump still say they love Donald Trump, but they got to have somebody else. Even in this sort of endorsement, which you've given Ron DeSantis, which we all know about, and this op-ed,

you're still saying Donald Trump's, friend, and it sounds like you'd be okay if Donald Trump was your president again, but you're still trying to get Rhonda Sanchez to win. Isn't that the problem with the campaign, right? Because you're almost confusing voters. You're giving them a mixed message. No, I don't think it's a problem at all. Matter of fact, I think we need to raise to a higher standard than this country. My dad who served in World War II, he told me a long time ago, Bob, if the best you have to do is tear somebody down to build yourself up, you don't deserve to win an office. You don't deserve to be in that position.

And that's why I think, you know, we have a higher standard here at the family leader. I think Governor DeSantis has a higher standard with his campaign. It's not about tearing other people down. It's about giving America a real choice and somebody that's proven to be a leader. So Ron DeSantis has got tremendous credentials from serving in the military to being one of the best governors in the country. And I think he would do the same thing for this country. You know, Bob, I wanted to have you on because of your history recently with the GOP caucuses in Iowa, right? evangelicals, they can break late, they can break together.

We saw that with Huckabee, we saw that with Santorum. You can argue we saw that with Senator Ted Cruz, all people you endorsed, right? Why do you think that vote is going to go to Governor DeSantis on Monday? Well, I think what it is, when I talk to our base, again, they're very complimentary of the former president. All the things he did from appointing three Supreme Court justices, moving the embassy to Jerusalem, the Abraham Accords, standing up for religious liberty. There's a lot of things he did that they're excited about. But in the same breath, they say, but I believe we need to win in 2024. And Vivek Ramoswamy's running around the state of Iowa telling people, open your eyes.

The system. Governor Chris Christie, others, they're never going to let Donald Trump get close to that White House again. So you need to choose an alternative. And I believe the alternative is Ron DeSantis. And I believe, Tom, that Iowa will have done its job if we give America. choice. And I believe that choice is going to come up. That's Donald Trump or Ron DeSantis. I think New Hampshire is going to take our cue as well. And probably a cue from Chris Christie that Nikki Haley, well, we may like her, she's just not up for the job. This is going to be

between DeSantis and Trump going forward. Bob, finally, how do you explain to voters and maybe to us reporters as well? What happened to Governor Ron DeSantis, right? Because there was a point about a year ago where he was the frontrunner in this race. He was doing so well in Iowa and that he sort of has come down ever since then, and now we're less than a week away, and Trump is, you know, just an ultra frontrunner at this point. What happened to Governor DeSantis' campaign, do you think? Well, I think a couple of things. One is Governor DeSantis when he was running for re-election. The whole country was honed on his, honed into his re-election, and then he won in a massive fashion. He had a great re-election night speech, and all the attention was on him.

And everybody was saying, you know, this guy could be and should be the next president. And then what happened, and down Trump was kind of out of the picture. But then Trump started having indictment after indictment after indictment. And that was almost like a super PAC for Trump. That elevated him again because what happened, his supporters said, we're going to rally around him because if the government's going to be weaponized against him, it's weaponized against us. But that said, Ron DeSantis has done the Iowa caucuses the old-fashioned way.

He's gotten a lot of key endorsements. So the most important one is that of Governor Kim Reynolds. Reynolds. He's got a bunch of legislative endorsements. He's got 120 county chairs for 99 counties, 1,600 precinct captains. That's what it takes to win in Iowa caucus, especially on a cold winter's night. That's why my pulse does not match up with the polls, and I'm very optimistic and bullish on Ron DeSantis' chances on January 15. Bob, we're going to leave it there. We thank you so much for your time. Coming on Top Story, we know you're busy, especially during this time. talking to you in the future.

All right. God bless, Tom. In Washington, Hunter Biden made a surprise visit to Capitol Hill today during a House committee hearing to hold them in contempt. The President's son has been called to testify as part of the impeachment inquiry into his father, but he's refusing to answer questions from the House GOP behind closed doors instead demanding a public hearing. NBC's Capitol Hill correspondent Ryan Nobles has the latest. Tonight, Hunter Biden facing the threat of being held in contempt of Congress. Congress, surprising members of Congress debating his future.

The president's son was called to testify about his foreign business dealings as part of the GOP impeachment inquiry into President Biden. He refused to answer questions behind closed doors, leading the House oversight and judiciary committees to send a resolution to the floor holding him in contempt. Biden's attorney making it clear he was ready to testify in a public hearing. The question there is, what are they afraid of? But congressional Republicans argue Biden is breaking the law by not following the rules of their subpoena, which required a closed-door testimony. Spitting in our face, ignoring a congressional subpoena to be deposed, what are you afraid of? You have no balls.

As he left this morning, Hunter said he was prepared to testify publicly today. If they called you to testify today, would you, sir? Yes. House Republicans don't think that's enough. Times expired. Sending the resolution to the House floor with the promise. that the next step will be a referral to the Department of Justice for criminal charges. And this all comes as Hunter Biden is expected to appear in a Los Angeles courtroom on Thursday to answer a new round of tax charges handed down through the special counsel, David Weiss.

Tom? All right. We thank you for all that. Now to the latest surrounding New Surround, the latest news surrounding Georgia's Fulton County District Attorney Fannie Willis. She brought election interference charges against former President Donald Trump and 18 others last year. But now this, she's being subpoenaed herself in a divorce case involving a special prosecutor she appointed to oversee that sprawling investigation. The filing comes just days after a lawyer for one of Trump's co-defendants accused her of engaging in an improper romantic relationship with that colleague. So far, that attorney has not provided any evidence, and no one has denied the allegations.

But Fannie Willis says she will file a motion in response. But this is how the New York Times described the hiring of that special prosecutor. It seemed an unusual choice when Fonnie T. Willis, the district attorney in Fulton County, Georgia, turned to a suburban defense lawyer to oversee what seemed the biggest task of her career, building an election interference case against former President Donald J. Trump. Nathan Wade, whom Ms. Willis tapped for the job, had little experience as a prosecutor, but he was a trusted friend and mentor, she said, in 2022, willing to take the job when more seasoned prosecutors were not. To break down what all this means, I'm joined now by NBC legal analyst and friend of Top Story, Danny Savalos,

and criminal defense attorney and former prosecutor, Bernardo Villanoa. Bernada, thank you so much, as I was, your friend of Top Story as well. Danny, I'm going to start with you here. So here's what they're alleging. They're alleging that the district attorney appointed possibly, they're alleging, no evidence yet, her romantic partner, her lover, to be the special prosecutor in this massive case that was going to span years and also pay a lot of money, and he has made a lot of money in this case. They're also alleging they've gone on vacations together.

So somehow Fannie Willis has benefited from taxpayer money. Where are they going with this? Sometimes being a defense attorney is being the least popular person at the party, and you have to make motions that are going to make people very uncomfortable. This motion is a scorched earth motion. You can surgically remove some of the excess and get to the core, which is they're alleging that there was an improper appointment, and therefore the prosecutor was not properly appointed,

and he's not a prosecutor. And in addition, the bigger part is really just making the prosecutor look ridiculous. The relief they're asking for, dropping the entire prosecution and having it dismissed, is a bit of a stretch. But far more reasonable, maybe in the middle of what they're looking for, is getting these prosecutors kicked off the case. That may help them. But look, as a defense attorney, you're not always looking for the win.

You're looking for anything that gums up the prosecution. And we're going to get to that. So, Bernardo, you worked as a prosecutor. And again, they haven't presented any evidence. But if this is true, what is their defense? So in terms of what's going on, it doesn't look good. But as of now, the defense hasn't provided any receipts. Where's the evidence?

Where's the information to back up these allegations? So all we're dealing here is with a motion, but with nothing to back it up. If it is true, where's the criminal investigation? Who's investigating Fannie Willis? This is the first that we hear of it. Because in the end, two consenting adults, prosecutors, in a personal relationship, doesn't change the evidence and doesn't change the facts in this case. So we need to determine whether, is it ethically wrong?

Was there a prosecutorial misconduct? Is there any criminal charges that may be looming out of this? Or is this just another motion to try to delay this case or try to get this in the hands of another prosecutor? Because then prosecutors can be replaced. Knowing what you know now is the appointment of Wade unusual or does this sometimes happen? where DAs appoint special prosecutors who they're personally close to her. They just know, she said he's a mentor and a friend. Is that normal sometimes?

It's not unusual. First of, Fannie Willis is able to appoint who she wanted to appoint as a special prosecutor. There's no set standards of how to select a special prosecutor. So she was in her right to appoint this person as a special prosecutor. First off, she was looking for someone that she can trust, especially when you're dealing with the case with such a high magnitude. Again, this is something that you've seen around the country. Remember Derek Charlven?

Remember who prosecuted that case? That case was prosecuted by attorneys that were appointed and made special prosecutors to seek that prosecution, even civil attorneys, who had not been a criminal prosecutor prior to that appointment. Danny's got a big smile on his face. So, Danny, I don't know if you're not buying that argument. Why? No, it's not that I'm not buying it. I'm going to perform a magic trick right here.

Bernarda, having never even practiced in her courthouse, and she not in mind, she and I will agree on one thing. and no one's really talking about it here, which is everybody in that courthouse is sneaking around dating everybody else. Prosecutors are dating cops. Defense attorneys are dating prosecutors. Some prosecutors are dating two cops at the same time. I don't recommend that.

It's going on the other office romances happen. Well, courthouse romances in particular. But an office romance, it's different than an office romance because in a sense, these are people who are really crossing lines, not ethical lines, but it is a cultural difference for a cop Before we get into an episode of Night Court, I want to put this up on you. The Atlanta Journal Constitution asked legal experts like yourselves about this.

Andrew Fleischman, a criminal defense attorney in Atlanta, said the allegations, if they are true, the arrangement would be a clear violation of the State Bar of Georgia's Code of Ethics for lawyers. If you are giving money to somebody who appears to be unqualified and they are giving you some of that money back in the form of summer vacations, then you're financially benefiting from your prosecution. He said that's a conflict of interest. The Fulton County Code of Ethics says that official should aspire to avoid even the appearance of a conflict of interest by avoiding a conduct or circumstances that could create the wrong impression. So, Danny, what do you say to that?

Our codes of ethics already require us to avoid, not just impropriety, but the appearance of impropriety. So that part is nothing new. Look, in terms of using it in a motion to zealously represent my client, I like it. Try it out, see what happens. It won't make you the most popular person in that courtroom. I can tell you that. But pull on that thread. But what I mean by that is that if it means,

if it's within the boundaries of ethics, you have to zealously represent your client and defend them and try a motion like that, even if you're not entirely sure it's going to win. Now, on the other hand, is it a little bit attenuated to say, okay, well, he got paid, and then he took her on a vacation,

allegedly, and therefore that state money is going back to her. Sure, why not? I mean, I can see both sides. It seems like a stretch, but at the same time, it sure makes the prosecution look really, really bad. But, Bernard, to be clear, this doesn't get former President Trump off the line of the accusations, because this investigation has been, it is sprawling. It's gone multiple states, multiple co-defendants 18. This doesn't really affect him. What's the worst-case scenario for Fonnie T. Willis. Worst case scenario is that Fonnie Willis may have to have

another prosecutor take the lead of the investigation because you want to do what's best for the case. So as of now, even if there's no basis for these allegations, guess what's happening? You are poisoning the jury pool. The jury pool is being poisoned. So you want to do what's best for the case. Worse case scenario,

another special prosecutor takes over. You still keep Mr. Ward on the case. That's not an issue because there are other prosecutors in the case. In the end, it's like is a defense saying that, look, Fannie Willis's love with this man is so strong that it caused him to make decisions that were wrong for the case, prostitutor and misconduct, that you're withholding evidence, that you lied in front of the special grand jury and the grand jury itself, that didn't happen. So it doesn't change the facts of the case. So just

have someone else take the lead and let the case pursue through the court system. All right, Bernarda, Danny Savalos, our night court team, we appreciate all of it. Still ahead tonight, the son's revenge plot, a National Guardsman accused of hiring someone to kill the man who had killed his mother in a car crash nearly eight years ago, how he asked the military to help him scope out of his target. Plus, dramatic video showing the moment a bike store went up in flames would fire marshal say sparked this fire. Can you guess? And breaking news about legendary football coach Nick Sabin, what we're hearing about the seven-time national champion and his future. Top story just getting started on this very busy Wednesday night. We're back now with the chilling story of a North Carolina National Guardsman accused of plotting to have a man killed in order to avenge his mother's death.

Prosecutors saying he took drastic steps to carry out his plans for revenge by an NAR-15 and asking the military to transfer him closer to his target. Kathy Park has the details. Tonight, this North Carolina National Guardsman behind bars forward authorities are calling a murder for hire plot to avenge his mother's death. 22-year-old Rhett Barlow was charged with solicitation to commit first-degree murder after allegedly hiring someone to kill Donald Calder Jr., the man who killed Barlow's mother in a 2016 car accident.

At her funeral service nearly eight years ago, you see Rhett next to his father who shared this message. I forgive you. Calder Jr. pleaded guilty to misdemeanor death by vehicle after slamming his dump truck into the minivan belonging to the beloved Wake Forest high school teacher. She was stopped at a red light. According to a search warrant, investigators believe distraction or fatigue played a role in the crash, as forensic experts determined Calder Jr. never stepped on the brakes. He served 75 days in jail and was later released. Now Barlow is a one being held on a million dollar bond, making his first court appearance this week via video conference. Sir, you're in court today for a first

appearance. Prosecutors describing the dramatic steps they say he took to carry out his plans. He purchased an AR-15 Springfield rifle at Carolina Gun Runners in Raleigh. Subsequent to that, he has purchased another firearm from the same facility. The gun purchases were just the beginning. Prosecutors say Barlow even requesting a National Guard post transfer that would position him closer to his target, a detail that sounds straight out of a TV crime drama. NBC News was unable to reach a lawyer for Barlow, who has not yet entered a plea, according to court documents. Wake Forest Police say they arrested Barlow Saturday at Fort Liberty with the help of U.S. Army criminal investigators. Understood, your honor. Thank you.

Prosecutors, adding the man asked to help with Barlow's plot, alerted police. Kathy Park, NBC News. That's shocking claims at an apartment complex near Chicago. Some residents say their units were boarded up while they were home, leaving them trapped inside. It's turned into finger pointing between the city, the property owners, and the tenants, many of whom say they have nowhere to go. NBC Stephen Romo has more. They've got an old man that's 73 years old boarded up in here. Tonight, outrage and confusion after Chicago area residents say their apartments were boarded up while they were still inside, something the building's owners denied.

They broke the handle off the door. This video shared with NBC Chicago shows James Williams desperately trying to get to his uncle Rudolph, wrapped behind the plywood and nails at an apartment complex in Harvey, Illinois. Nephew called and got me on the door and said, you boarded it up in here. I said, what? Rudolph says the boards were put up over the doors and windows last week, shutting him inside until bystanders were able to pry off the boards. I asked the people, I said, don't y'all, y'all do awareness check. There's people inside these houses. They came and just started boarding up the career while people was in the career. They didn't even care or nothing.

of Harvey says a mandatory evacuation was ordered by October 28, releasing photos showing problems with the apartments, including crumbling stairs, trash and debris, along with other structural damage in a post on Facebook. The city also denying it carried out evictions, saying they'd communicated with the property owners about unsafe conditions, adding it was the owner's responsibility to notify tenants. I never went through this in my life. I never seen nothing like The building's owners telling NBC Chicago, they alerted tenants via, quote, various channels and coordinated the buildings shut down with their management company and the city, adding, quote, allegations regarding tenants being boarded into their apartments are categorically false. I called when I got the letter dated December 14th. I did. One tenant saying she did receive a letter but thought it was a fake. And I didn't interrupt you and don't interrupt me.

Anger over the situation boiled over at a city council meeting this week. With two aldermen being escorted out. Harvey's mayor saying the city followed protocol and communicated with the owners and that it was the owners who hired a company to board up those units. We did not tell them to board up the building. We did not tell them to do any of that. Those were private decisions that people make on private property. The mayor saying he plans on asking the state attorney general to decide.

decide if legal action is needed. I want justice for these people out here, man. They owe the people. But the tenants say they need solutions now. Getting cold out here. Where are we supposed to go? It is cold and that's the big question. Stephen Romo joins us now. So Steve, where do they go? Yeah, a great question. Many people say their stuff is still inside those units and they don't have anywhere to go. They're asking for answers. And we saw the frustration in the piece from local leaders. They also don't have any solutions for this problem. As for the buildings right now,

they've been told that they're unsafe, the property owners, it's not clear how they're going to be fixed or what's going to happen next to them. We're trying to get more answers from those owners and it's yet to be seen. All right, Stephen, Rubble for us, Stephen, we appreciate that. When we come back, a major change for capital punishment, a federal judge now clearing the way for Alabama to execute the first inmate in this country using nitrogen, what that means in the condemnation from the inmate's lawyers. Stay with us. All right, we are back now with Top Stories News Feed, and a federal judge says Alabama can carry out the country's first execution using nitrogen gas later this month. Convicted murderer, Kenneth Eugene Smith, is scheduled to be executed by nitrogen hypoxia on January 25th.

That means pure nitrogen will replace the inmate's breathing air, depriving him of oxygen needed to maintain bodily functions, and killing him. His lawyers calling it cruel and an experiment. An explosion at a bike store in New York City cut on camera. Look at this. New surveillance video captures the moment of battery on an e-bike explodes. See it right there. In just minutes, the entire store up in flames. According to fire marshals, a lithium ion battery was the cause.

One firefighter sustained minor injuries, but no one else was hurt. An update, ESPN host Pat McAfee says Aaron Rogers will be off his show for the rest of the NFL season. McAfee making the announcement during today's episode saying he was happy with the decision and that the weekly appearance was stirring too much backlash and criticism. McAfee, adding the way it ended, quote, got real loud. As we've reported while on that show, Rogers suggested an unfounded connection between Jimmy Kimmel and Jeffrey Epstein and spewed COVID conspiracy theories. And big college football news tonight, legendary head coach, Nick Sabin, is retiring.

Sabin stepping aside after his 17th season at Alabama, where he led the Crimson. and tied to six national championships over the span of his 28-year college career with multiple teams. Saban won a total of seven national championships, 12 conference titles, and 19 bowl games and never had a losing season. He also coached for years in the NFL with the Cleveland Browns and the Miami Dolphins. Okay, we want to turn out of the migrant crisis in New York City. Parents and local officials furious after 500 migrant families were sheltered at a high school, moving the students of that school to remote learning for the day. Mayor Eric Adams defending the move saying severe weather threatened an existing makeshift camp.

NBC's Antonio Hilton has this story. Tonight, new outrage from parents over New York City's handling of asylum seekers. Very angry. The city put our children the lives. They're prioritizing the migrants. After busloads of migrants from Floyd Bennett Field spent part of the night sheltering at a Brooklyn high school. Students there are learning remotely today as the school cleans up the school. gym where migrants slept. I found out about the situation actually around 1 o'clock afternoon yesterday when my daughter texted me.

By the way, we don't have school tomorrow because migrants are coming. City officials making the call to evacuate the asylum seekers. As a major storm, with winds of up to 70 miles per hour, threatened the temporary migrant shelter. Yesterday, families walked to buses staged on the tarmac, wondering why they were being relocated yet again. One migrant father of four asking, why would they move us and then put us back here just to have the same problem again?

We're not going to take risks with families, with children, with anybody in our care. The move requiring 97 buses in total. Over 500 migrant families, making a 20-minute trip over to James Madison High School. just two and a half hours. Mayor Eric Adams touring the school late last night. According to his team, New York City is sheltering almost 70,000 migrants. I saw children. That's what I saw. I saw children. And this city is never going to do anything that is going to put children in harm's way. Last night, almost 2,000 migrants slept in folding chairs and on the floor of a gymnasium in the high school behind me here. All of them were absolutely.

out by 4.30 in the morning. Today at James Madison High School, parents, lawmakers, and advocates all agree. Last night's emergency move is just a sign. A more permanent solution is needed. From the very start, Floyd Bendenfield was a wrong place for placing migrants and for building the shelter. The place has zero infrastructure. No stores, nothing. It's not the place to leave.

It's an abandoned old airport. In a press conference today, officials said they don't foresee using. James Madison High School as a temporary shelter again. But locals are still angry, urging Mayor Eric Adams to consider using commercial real estate, not schools, the next time there's a crisis, Tom. Antonio Hilton on the migrant crisis right here in New York. All right, Antonio, thank you. Coming up, we have a big update out of Ecuador. We showed you the images last night, the government trying to put down a violent uprising by gangs, making public arrest

after that harrowing hostage takeover seen on live TV. Our reporter speaking to one of the journalists whose TV station was taken over, the tension they're still feeling. Stay with us. Time now for the Americas and the latest on the escalating violence in Ecuador. Yesterday we showed you the shocking images of gunmen

storming a TV station as they were live on the air. Police say 13 men were arrested in connection to that attack. Today, the country's president, Daniel Neboa, calling them terrorists, and the country continues its state of emergency. Mbacus has the very latest in some new reporting. Tonight, Ecuador entering what the president calls an internal armed conflict, ordering the military to neutralize power gangs who have been labeled as terrorist organizations by government officials. The nation plunging into the nation plunged into. a mayhem this week as an armed conflict between gangs and the recently elected government

led by President Daniel Noboa, who secured his presidency on the promise to fight and reduce drug-related crime escalates. Today, Ecuadorian police lining up the 13 men, they say, attacked a public television station in the port city of Guayaquil, who are now facing terrorism charges. For yesterday's horrific event, that was broadcasted live, as Ecuadorians looked in shock as the event unfolded. For 30 minutes, the intruders are seen waving guns and explosives, forcing network staff to the floor, while noises like gunshots could be heard in the background.

Although no one was killed in the television station attack, this morning the streets of Guayaquil empty as the city's fear lingers and the country remains under a state of emergency. That fear, now spreading outside of Ecuador's borders. Peru, declaring a state of emergency along its border with Ecuador so that the military can assist police. Our message to Americans that are in Ecuador is to please stay vigilant. White House spokesman John Kirby saying the U.S. is willing to work with Ecuador to curb violence, but ruled out military support. Ecuador has faced years of violence within its prison system, where clashes between gangs have left more than 400 people dead since 2021.

On Monday, the nation's armed forces carrying out inmate control operations, a day after the country's most wanted prisoner, a gang leader known as El Fito, went missing from his jail cell. Also this week, the nation experiencing several violent incidents of brutality, including explosions. And more than 130 prison guards and staff being held hostage across at least five prisons. The terrorists that are in these carcels. President Daniel Noboa saying the country will begin to deport foreign prisoners this week to reduce prison populations and spending. All right, Gua joins us now. And Guad, I know you have some new reporting tonight. You've been in communication with one of the journalists who was inside that station

when the armed gang members entered the building. What's he telling you today? Tom, this is a journalist in Ecuador who contributes with us and our colleagues at Telemundo. In fact, a lot of the reporting that we've done at Top Story with Ecuador has had a lot of context coming from this journalist. I reached out to him to see what he knew about what happened, only to find out that he was inside the station. He was able to hide, and after the police entered, he tells me that he was freed. Tom, like many other journalists, he's scared, he doesn't want to speak. And this could have a consequence with him and other journalists in the country because he says right now he doesn't want to report on the violence.

So we'll have to wait and see what this will do when it comes to reporting on that violence internally in Ecuador. Tom? Gwad vanegas first tonight, Gwad, we thank you for that new reporting. We want to continue our international headline, so it's time for Top Stories Global Watch. The U.S. and the UK say they have stopped the largest hooty attack on the shipping industry in the Red Sea. According to officials from both countries, a joint effort using planes and warships shot down nearly two dozen drones and a barrage of missiles launched by the Iranian-backed group. The commercial shipping industry has come under more than two dozen attacks in the Red Sea since mid-November by that rebel group. Russian opposition leader Alexei Navalny, seen by the public for the first time since he was transferred to an Arctic penal colony.

Navalny appeared in court via video link. You see him there from that remote prison about 1,200,000. miles north of Moscow. He has filed another lawsuit against Russia's prison system saying he's being kept in solitary in isolation in a punishment cell. Nivalny was believed to be missing last month when he was not hurt from for weeks before he resurfaced at that prison. And Nigerian authorities destroying a record three tons of seized elephant tusks in a new crackdown on wildlife traffickers. The value of the destroyed tusks estimated to be about the equivalent of $11.2 million. dollars. Conservation has say Nigeria's elephant population has dropped, get this, from 1,500 to less than 400 in the last 30 years. It's terrible. All of it due to poaching

habitat loss and conflicts with humans. Okay, coming up, a crackdown on artificial intelligence. In the home of country music, they announced a lot of protect musicians. They call it the Elvis Act, and it's the first in the nation to stop unauthorized AI recreation. We'll explain it all. That's next. We're back down with a new law in Tennessee, taking aim at the growing influence of AI. Nashville, known, of course, as the capital of country music, hoping to protect its unique sounds from AI-generated music. Blaine Alexander has this one. In a state that launched some of music's most iconic voices, tonight there's a groundbreaking new bill to help protect them.

Standing in Nashville's legendary RCA Studio A, Tennessee Governor Bill Lee, new legislation to protect artists in the age of artificial intelligence, a first of its kind bill with a very intentional name. It's called the Ensuring Likeness, Voice and Image Security Act, E-L-V-I-S Act, the Elvis Act. It would expand on existing laws protecting likeness by safeguarding the voices of songwriters, performers, and music industry professionals from unauthorized AI recreation. An artificial intelligence, as helpful and beneficial as it can be when used appropriately, is something that can, frankly, rob and destroy an artist's career if it's used inappropriately. With the likes of Beale Street, Grand Ole Opry, and Stax Records, music in Tennessee is a nearly $6 billion industry.

Officials hope to make this bill a nationwide blueprint. The overlap between music and AI is growing, fast. This song went viral with AI-generated voices of Drake and the weekend without the artist's consent. But some artists like Demi Lovato and John Legend are leaning in, partnering with YouTube to provide limited access to their voices for 30-second clips. Back in the country music capital of the world, no one wants to hear their voice or see their image taken without permission or used out of context. Striving for harmony between music and technology. NBC News. We thank Blaine for that report, and we thank you for watching Top Story tonight.

I'm Tom Yamison, New York. Stay right there. More news on the way.