Top Story with Tom Llamas - Wednesday, July 19, 2023

Episode Date: July 20, 2023

A confirmed tornado touches down in North Carolina as dangerous flooding and extreme heat strike across the country. The allegations of hazing in the Northwestern University athletics department extend beyond the school’s football program. Country music star Jason Aldean is under fire for a controversial new music video, filmed at the site of a lynching in the 1920s. Mexican authorities intercept two smuggling operations involving more than 500 migrants, stacked on top of one another and, in some cases, drugged. And Taco Bell wins a trademark dispute with a smaller restaurant chain to use the phrase, “Taco Tuesday.”

Tonight, breaking news, a fast-moving system unleashing powerful tornadoes and dangerous flash floods. A confirmed twister touching down in North Carolina. You see it here. At least four people rushed to the hospital. A state of emergency declared in Kentucky because that same system dropped nearly a foot of water. The familiar town rocked again by extreme weather. Out west, a passenger taken away on a stretcher after their plane got stuck on a scorching tarmac for hours. and now the threat of even more severe storms moving in. Inside the investigation, NBC News confirming some of the contents of the target letter sent to former President Trump, the special counsel considering charges in three areas, including conspiracy, deprivation of rights, and witness tampering. What we're hearing tonight about the likelihood Trump will testify before the grand jury.

A second whistleblower joining his IRS colleague testifying under oath that his supervisors suppressed the investigation, into Hunter Biden's taxes, why Democratic lawmakers are pushing back on those claims. Drugged at the border, hundreds of migrants abandoned inside tractor trailers in Mexico. Some of them apparently sedated by smugglers. Here in the U.S., multiple people who were detained at an ice center in Louisiana speaking exclusively to NBC News. They're shocking accounts of what they call inhumane and horrific conditions inside the facility. Plus, small-town drama, country superstar Jason Aldeen firing back tonight after allegations his latest music video sends a, quote, pro-linching message.

The reactions coming in from the music world and beyond as this firestorm sends that song to the top of the charts. And Taco Bell scoring a major victory tonight, convincing another chain to drop the trademark for the phrase Taco Tuesday, but the Taco Wars are not over yet, why the owner of a mom-and-pop restaurant in New Jersey still has beef and is standing his ground. Top story starts right now. And good evening. We want to get right over to that breaking news here on Top Story tonight. Multiple weather emergencies unfolding at this hour. We start with a confirmed tornado touching down in Rocky Mount North Carolina late today. At least four people rushed to the hospital. They are

expected to be okay. That is good news. The same system dumping inches of rain, though, across the south. The governor of Kentucky declaring a state of emergency because of the images you're seeing here. One of the places hit hardest, the city of Mayfield, nearly a foot of water falling in a single day, drone footage showing cars submerged water rushing into the streets. The 10,000 residents of that town, sadly, no strangers to natural disasters. You may remember Mayfield taking a direct hit from an EF4 tornado in December of 2021, more than 50 people were killed. We were on the ground there as residents started stared down the long road to recovery. Now tonight that community devastated once more. Our thoughts are with those families

tonight and out west the danger line in those triple digit temperatures, a passenger taking off a flight in Las Vegas. You saw them there on a stretcher after the plane got stuck on the scorching hot tarmac for hours. We're going to have much more on the heat in a moment, but first we start with NBC's Maggie Vespah. She's leading us off tonight from Mayfield, Kentucky. Tonight, dueling hallmarks of this summer's severe weather stretch. In North Carolina, this afternoon, a confirmed EF3 tornado near Rocky Mount, wind speeds up to 150 miles per hour wreaking havoc on a highway and destroying part of this manufacturing facility owned by the drug maker Pfizer.

We really don't know exactly what the amount of injuries or if there's any death in it at this time. Meanwhile, farther west. More devastation. Kentucky tonight, the latest state to get slammed with violent flash floods. In hard hit Mayfield, initial report showed nearly a foot of rain falling since midnight.

If verified, it would smash the state's decade-old record for the most rain in 24 hours. Water, swallowing neighborhoods and submerging cars. Started coming through the side walls, open up the back door, and it started gushing inside the house. Jeremy Martin scrambled to get his fiancé and their five kids out. All of our stuff got taken. Like, it's ruined. And we don't have renters insurance. You know it sucks. Authorities say no injuries have been reported. Kentucky's governor tonight declaring a state of emergency, urging people to heed evacuation warnings. Remember, we can replace stuff and we can rebuild homes.

We don't want to lose any lives. These floods, fresh Trumps, for Mayfield, a community still healing from 2021's Monster EF4 tornado that killed close to 60 people just before Christmas. Tonight, with another severe system barreling east, weather-ravaged communities brace once again as violent signs of our climate crisis intensified. Okay, with that, Maggie Vespa joins us now live from Mayfield, Kentucky. Maggie, I was there in Mayfield after that tornado you mentioned and remember the devastation. Now we see the same community reeling from another destructive weather event. water just behind you there. What are you hearing from residents on the ground having to deal with even more damage less than two years later?

Yeah, Tom, I mean, it's so surreal to see. I mean, it would be for you as well, having been here. Obviously, people who live in the homes that are partially submerged, we have one just over here. I mean, this is utterly devastating for them. This could be life-changing for them. Those whose homes are not flooded, it's almost kind of an example of how jaded some people are becoming to severe weather events. One man we met him over here right when we first pulled up and he just kind of went, you know, we've all been through worse here in Mayfield. At the same time, you know, our team spotted a tweet from a local authorities pointing out that even almost two years after that EF4 tornado here in Mayfield, that deadly EF4, some of the traffic

lights still aren't working properly because they were damaged during that storm. Just a reminder of how long the road to recovery from these events can be. Yeah, and how resilient those residents are, Maggie. Okay, Maggie, great reporting. leading us off tonight here on Top Story. The other severe weather threat, those triple-digit temperatures out west. A commercial flight in Las Vegas stuck on the scorching hot tarmac for hours. You may have heard about this.

Passengers having to be taken off the plane on a stretcher. NBC's Aaron McLaughlin reports. The deadly heat dome creating chaos at Harry Reid International in Las Vegas. Several passengers and a flight attendant exiting a Delta flight by stretcher. After being stuck on the tarmac in unrelenting triple-digit-digit-jig. heat for hours. They were visibly shaking, like shaking. The Robinson family was on the flight with their one-year-old baby when they saw fellow passengers become ill. It looked like their cognitive skills were in decline, eyes rolling in the back of the head. And doctors say that's the sign of potentially

deadly danger. When you're confused, we know that you have a heat stroke. Delta has apologized for the incident and says it's investigating the matter. This is the valley of the sun, yet another all-time record with an overnight low of 97 degrees. The hottest it's ever been when the sun's down. Phoenix going on three weeks of temps 110 plus. Experts say the city's sprawling concrete is partly to blame as it stops urban areas from cooling down. Tonight across the country, 77 million people are under heat alerts and it's not just humans who are suffering at the Phoenix Zoo. It's all hands on deck to make sure the animal animals are comfortable and cool.

They're not quite used to these temperatures, and we're constantly monitoring them. Tonight, it's the dog days of summer with no end in sight. McLaughman joins us again tonight from Phoenix, and Aaron, it's shocking what happened on that flight in Vegas, right? But I know you're probably not surprised you were just there last week. Explain to us what it's like in those dangerous triple heat temperatures. Well, what struck me most, Tom, spending time in these triple-digit temperature. just how quickly, ordinary, everyday things that we take for granted can go wrong.

You know, speaking to the Robinson family, they were waiting for their flight. It was delayed by lack of crew members. They finally got that flight attendant on board. But what resulted from what was a seemingly innocuous delay was a cascade of events that could have been potentially deadly. And in Las Vegas, when I was there, I interviewed a man who wanted to go to lens crafters to get a pair of reading glasses. He was sitting at the bus stop. He felt faint, passed out, and ended up getting a third-degree burn from the Las Vegas sidewalk.

I myself ran into trouble when I was there last Friday. I thought it would be nothing. No big deal. Walk a half a mile to the CVS to pick up some items. And I got into trouble midway there, ended up calling an Uber. But thankfully, that Uber arrived, and I was okay in the end. But it just sort of amplifies just how fragile the situation is. And people in these extreme conditions really need to be listening to health experts when they say stay indoors, stay hydrated when you can.

That's so crazy. A young, healthy adult like yourself can't even walk half a mile because it is so dangerous out there. But it's also a good reminder. Aaron, thanks for sharing that story for more on this record-breaking heat in the West and severe storm systems moving across the east. I want to bring in Bill Carrens tonight. Bill, break down these record attempts for us and let us know, man, is there any relief on the way? This has been an incredible historic day in Phoenix. So we started the morning. So you know, you wake up in the morning, you grab your paper or maybe you grab your cup of coffee. It was 97 degrees in Phoenix. That was the coolest temperature all day long. That's their all-time record.

And some of this is climate change. And some of this because of the urban development and all the pavement. But that broke the all-time previous record. So then during the day today, it just kept getting hotter and hotter and hotter. They just peaked out at 119 degrees. Not 122. That's their all-time record. But this does tie their fourth highest temperature ever in Phoenix. And here's the forecast. for next week. And so you'll see me a lot again talking about the same exact things and if not anything, Tom, spreading across the country. And then also we're talking about the extreme weather across the entire nation tonight. Walk us through that. Well, we started with that tornado. I mean, unexpected tornado. I'll say that too. That we do know it was 150 mile per hour. They just

upgraded to an EF3. They're still doing the surveys on that. But we're lucky that we haven't heard of any fatalities. I know there were injuries. But from how strong that tornado was in the middle of the day, you know, that's about as good as it's going to get. With tornado watches been canceled for eastern North Carolina, just a one strong storm south of the Kinston-Nin-Newburn area, approaching area around Jacksonville County. We have isolated strong storms from Minneapolis through the heartland today. And then tomorrow, we have a large area.

Big population centers are at risk of severe weather tomorrow. Detroit, Cleveland, Pittsburgh, Columbus, Indianapolis, Lexington, Louisville, Cincinnati, and then a few areas there in areas of Kansas. So I don't know if we're going to get the extremes we had today, but there's at least a chance. Okay. Bill Kerrins for us. Bill, we appreciate that. We turn out a former President Trump's growing legal battle and the special counsel's probe into efforts to overturn the 2020 election. NBC News, learning the

target letter President Trump received cites three federal statutes. It's unclear if those will be used to charge President Trump, but this latest development dividing Republicans over how to respond, NBC's Garrett Haake explains. A defiant Donald Trump lashing out at the special counsel, As the election-related charges the former president may soon face come into focus. It's election interference, never been done like this in the history of our country, and it's a disgrace. NBC News learning that a target letter Mr. Trump received Sunday night lays out three federal statutes under which he might be charged in the special counsel's 2020 election probe, according to two attorneys with direct knowledge of it. Conspiracy to defraud the U.S., deprivation of rights under color of law, and tampering with a witness,

broad categories, not specific charges. Mr. Trump claiming the letter offered him four days to come to Washington and respond before the grand jury. An opportunity sources familiar with his thinking tell NBC News he plans to decline. The possible pending indictment dividing former allies, now challenging him for the Republican presidential nomination. He should be charged if, in fact, there's evidence that he's committed a crime that's provable beyond a reasonable doubt in front of a jury of his peers. Until then, he has a presumption of innocence. I believe that history will hold into account for his actions that day. But with regard to the prospect of an indictment, I hope it doesn't come to that.

Meanwhile, the special counsel investigation continues in Washington and beyond, with Trump White House and campaign aide William Russell expected to testify before the grand jury tomorrow, and NBC News learning of prosecutors subpoenaing surveillance video of vote counting in Georgia, probing conversations between Mr. Trump and Arizona's former governor, and interviewing election officials in Wisconsin. The former president calling allies on Capitol Hill, urging his GOP supporters to defend him publicly. I spoke with him yesterday, and this is yet another example

of the illegal weaponization of the Department of Justice to go after Joe Biden's top political opponent. I don't see how he could be found criminally responsible. He did not charge it. Well, what criminally activity did he do? He told people to be peaceful. All right, Garrett Hake joins us now. He's been covering these investigations.

for us. And, Garrett, to be clear, I know you reported this at the top of your story, but I want to make sure it doesn't get lost for our viewers. We don't think the former president is going to appear before this grand jury, correct? That's exactly right. Sources close to him say there's no reason for him to come and show up. Defense attorneys and other legal experts have suggested he's probably more likely to get himself further in trouble if he does testify. In fact, he even has an event in Bedminster tonight. So I think it's highly, highly unlikely we see him appear before a grand jury or frankly even set foot in Washington, D.C., ahead of any news about an indictment.

And then a federal judge also weighed in on the Trump team's request to have that hush money case moved to federal court. Can you explain that one for us? Yeah, this judge ruled against Donald Trump and his effort to move this case into federal court, saying it belongs in New York State Court. At the heart of the argument was whether the things that Donald Trump is accused of in that case were done as part of his duties as president or even during the time that he was president. The judge in this case looked at this and said The accusations here concern Donald Trump, the private citizen, not Donald Trump, the president, and certainly not actions of a president.

This case rightly belongs in state court by that reasoning. Tom. Okay, Garrett Hague, for us a lot there. Garrett, we appreciate it. Special counsel, Jack Smith, apparently nearing the end of his investigation into the 2020 election interference, the allegations of that. I want to bring in our panel tonight, former federal prosecutor and former criminal division chief for the Southern District of New York.

You may remember her from yesterday. Okay, Christy Greenberg, great, great legal mind. And speaking of great legal minds, NBC News legal analyst, Danny Savalos, also a primetime defense attorney if you need one. Christy, I'm going to start with you if we can. So walk us through these charges because I think people have heard of some of these charges. But there's some there that may be a little confusing. So what exactly do they mean? Okay, so there are three charges that are being reported as being in the target letter that Donald Trump received. first being conspiracy to defraud the United States in connection with the administration of an election. That is most likely dealing with the fake elector scheme, right? Having these electors submit fraudulent electoral certificates to Congress. Then you have the obstruction of an official

proceeding that is most likely dealing with efforts to delay or stop the count of the electoral votes and not certify the electoral results. Then you have the third statute, which this one is a bit of curveball. We haven't really heard of legal commentators discussing it, deprivation of rights under the color of law. And so there, the question is, whose rights are being deprived? Who would be the victim here? And so one educated guess is that we're looking at the 81 million Biden voters who, if the scheme was successful, would have had their rights to vote counted. Is that an obscure law, or is it a law that is enforced? A lot. is enforced, but it's typically enforced where you're looking at potentially police officers,

others who are in positions of authority and abusing that authority. So this is potentially a novel way to apply that statute to these circumstances. Danny, from what we know the reporting, right, we haven't actually seen the target letter. We're getting bits and pieces here from our sources being reported out throughout all of NBC News. What's your take on this target letter? Well, just as an aside, you asked about Section 242, and she's absolutely, right in that this is a statute that's commonly used when police officers, for example, take a suspect and ram his face into the wall, you know, deprivation of his rights under

color of law, and color of law being that he is a police officer. So it's a very interesting application of that statute, a statute that isn't used, I think, a lot, but when it is, it's in a very different context. Now, on the whole, if you're thinking about a defense to any of these statutes, they really fall into one category and it's massive. ignorance. More and more, Donald Trump's only path to an acquittal appears to be ignorance on a gargantuan level. In other words, ignorance that anything he was doing might have been illegal. Now, a lot of folks say, look... He said that last night, right? He was asking questions about an election, and now he's been prosecuted. That was his defense yesterday. Exactly right. And so

a lot of people say ignorance of the law is no defense. And generally that's true. There are some statutes that require some awareness that what you're doing is illegal. But ignorance goes to his intent. And Donald Trump, even in his reptilian brain, knows if he knows nothing about the law, he knows that that is increasingly, as the walls close in, and I don't like that phrase, but as these indictments pile up, the only really thing that becomes viable after a certain point is that just that he was so galactically ignorant, he couldn't have formed the requisite intent. Look, defense attorneys, they don't get to pick their facts. Prosecutors pick the facts they want to indict. Defense attorneys are doing a bit of improv. We're trying to

trying to come up with whatever we can, given the bad facts we're handed. And then, Christy, you know, is the special counsel here casting a wide net, or do you see a pattern here? Do you actually see a roadmap to what they're doing? It all goes back to intent. And if Donald Trump was looking to take back power, keep his power, and not see, conceive this election, then this is part of a broad scheme of the ways he was trying to do that. But do you see, if you were a prosecutor here, if you were back in your old job, do you see what he, He's doing how he's trying to connect these dots?

Yes. So I try to stay in power. Here are the different ways I can do it. One way is using this elector scheme, which, again, he was told by his own lawyers, by John Eastman and others, if this were to go up to the Supreme Court, it would be nine to zero against us. There is evidence that's in the public record already that he knew this was against the law, and he proceeded anyway. He was inducing others to go along with that scheme.

Do you think the tampering of the witnesses are the calls to election officials? I think the tampering of the witnesses, that's Section 1512 of the United States Code. And that is dealing with witness tampering, but also obstruction of an official proceeding is a subset of that. I suspect the obstruction of the official proceeding is actually what we're dealing with and not the witness tampering. So, Danny, you deal with clients that you have to provide a defense for. I asked you while we were watching Garrett's story, if there's ever a case where you have a client, would you put them in front of a grand jury? and you told me, no, explain that to me, even if they're innocent. If you receive a target letter, if you are in that category,

and there are informally three categories that the government will put you in, one is a target, one is a subject, one is a witness. And if you're a target, you are literally a target in the sense of you have a target on your back. The government thinks they have evidence substantially tying you to the crime. So prosecutors will tell you, and even some of our friends who are former federal prosecutors, have said on air. Look, this is an opportunity for the defendant to come in and maybe sit down with us and explain and, you know, we'll listen. Maybe we'll change our mind. I don't buy that, frankly. I mean, if you can point me to a number of instances where prosecutors have had someone

come in after receiving a target letter, sit down, explain their version of the story. I'm like, oh, we just wasted an entire year of investigation. Right, exactly. And look, credit to prosecutors. By the time they're at target level stage, especially federal prosecutors, They build their case months, even years in advance, and by the time they've sent that target letter, they are confident they can prove their case beyond a reasonable doubt. What in the world is a target like Donald Trump going to possibly explain if he came in and sat down and told them their version of events? If convicted, Christy, I know there's a range here, but sort of give us a ballpark. What could the prison time look like? So conspiracy charge, the max is five years, other charges you're looking at up to 20 years.

So I don't expect he would be anywhere near the maximum, but you are looking at prison time here. Okay, Christy Green. Yeah, interesting point, too. You know, we talk about the max being a bad forecast because you have to really run the sentencing guidelines. But consider this. It's possible that Trump might have a substantial criminal record by the time he is sentenced in some of these cases. Okay, Danny Savalos, Christy Greenberg. We thank you so much.

Next tonight to the revealing new testimony in Congress today about the IRS investigation into Hunter Biden's finances. Two IRS whistleblowers told to how. House Committee, they believe officials slow walk their probe. NBC's Ryan Nobles has the video and the latest. Tonight, under oath, a pair of career IRS investigators testifying to Congress that they believe their superiors and officials at the Department of Justice work to suppress a probe into the finances of the president's son, Hunter Biden. And coming forward, I believe I'm risking my career, my reputation. Joseph Ziegler, who came forward publicly for the first time, and Gary Shapley pointed to the evidence they say they collected, which they viewed as damning,

and the skeptical response they say they received from the prosecutors involved. I'm here to tell you that the Delaware U.S. Attorney's Office and Department of Justice handling the Hunter-Biden tax investigation was very different from any other case in my 14 years at the IRS. At every stage, decisions were made that benefited the subject of this investigation. But Democrats on the panel were quick to push back, pointing out it is the job of prosecutors to make the call to hand down. indictments, not investigators. Well, that's standard. Investigators and prosecutors disagree all the time, right? I mean, and so the prosecutors are the ones that make the decision.

Shappley also testified that David Weiss, the federal prosecutor in Delaware who handled the investigation, said he didn't have the authority to decide whether the charges were filed. The story has been changing from Department of Justice and U.S. Attorney Weiss. Weiss, a Trump appointee, has sent multiple letters to Congress disputing that. Tonight, the White House reiterating, the president was not involved in his son's business dealings and blasting the hearing. Their focus is continuing to do political stunts. That's what they want to do, but that's not what the president is focusing on. Okay, Ryan Noble joins us now live from Capitol Hill.

Ryan, I want to play some more sound from the second IRS whistleblower, Joseph Ziegler, whose identity was revealed today, as you just reported. Here's more, a little more of what he had to say. Let's listen. I've recently discovered that people are saying that I must be more credible, because I'm a Democrat who happens to be married to a man. I'm no more credible than this man sitting next to me due to my sexual orientation or my political beliefs.

The truth is, my credibility comes today from my job experience with the IRS and my intimate knowledge of the agency's standard and procedures. I have outlined for you some instances in which assigned prosecutors did not appear to follow the normal investigative process, so walked the investigation and put in place unnecessary approvals and roadblocks from effectively and efficiently investigating the case. Okay, so Ryan, my question to you tonight is, what are Democrats saying, right?

So now you have a second IRS whistleblower. Some of the criticism of the first IRS whistleblower was that he was a Republican, even though he says he voted for Bill Clinton. Now you have Gary Schape, excuse me, have Ziegler, Joe Ziegler, who says, look, I'm a Democrat, but I'm coming forward because I had real concerns about this investigation. Well, if you watched any part of the six hours of testimony today, Tom, you would have seen that Democrats at no point questioned the credibility or the honesty of either of these witnesses.

It says something that they were willing to go on camera under oath and answer these questions from members of Congress. Their quibble has really been over whether or not their assessment of the prosecution is correct here, that their investigators. Investigators are always charging toward what they hope will be. be an indictment if they find evidence that leads in that direction. But it's not ultimately their decision, that it is the decision of the prosecutor. So I even talked to one Democrat on the panel, Roger Christian Morthy, who said that he believed them, that he thought both men

were credible. So it's not a question of whether or not they were telling the truth. It's really a question of their perspective in this case, Tom, and whether or not that has anything to do with the influence that the Biden administration may or may not have had over the prosecutor in this case, the U.S. Attorney Dave Rice, who has said repeatedly that he was the one who made the final call to cut the plea deal with Hunter Biden. All right, Ryan Noble's for us, Ryan, we appreciate that. Still ahead, more hazing allegations piling up at Northwestern. Several former football players speaking out claiming the abuse they suffered, pushed some to contemplate suicide, the massive lawsuit they've just filed, plus a deadly airborne crash caught on camera in Missouri.

A toddler inside the house at the time of that, lucky to be alive. We'll explain what happens. there, and country superstar Jason Aldine facing fierce criticism over his latest music video, why some say it sends a pro-lynching message and the network that has now pulled it off their air. Stay with us. Okay, we're back now with an update on the hazing allegations about Northwestern University's football team, now extending to other programs within the school's athletic department. A former player now filing a lawsuit as more athletes. speak out with disturbing accusations.

NBC Shack Brewster has the latest. The university and the football program has led us down. That's why we're here today. Tonight, former Northwestern University football players speaking out publicly detailing accusations of hazing, discrimination, and sexual abuse by fellow players. We were physically and emotionally beaten down, and some players have contemplated suicide as a result. the abuse of culture was especially devastating for many players of color.

At least 17 former Wildcats now being represented by attorneys. I mean, you had people holding them down, dry-humping them. You had them being forced to participate in activities involving nudity and the touching of one another. The first lawsuit was filed overnight on behalf of an unnamed student who attended Northwestern, from 2018 to 2022, claiming the institution and its leaders failed to prevent, intervene, and properly report suspected hazing traditions, causing permanent and severe injuries. The lawsuit also alleges mental abuse and sexual violations, including degrading or humiliating games.

We're learning about the widespread institutional problems that existed within Northwestern. The lawsuit claiming hazing issues extend to the school's baseball program. The scandal coming to light when the student newspaper published allegations of sexual assault, including a locker room behavior by older players targeting freshman players. If they didn't participate, they were going to be the victims. An internal investigation conducted by an outside firm found widespread knowledge of and participation in hazing activities across football players, but did not discover sufficient evidence to believe that coaching staff knew about the ongoing hazing conduct,

adding that coaching staff had significant. opportunity to discover the issue. 17-year veteran football coach Pat Fitzgerald was fired by the university president Michael Schill after initially receiving a two-week suspension. Fitzgerald's attorney saying tonight, no one has alleged any facts or evidence to show that coach Fitzgerald had any knowledge whatsoever of hazing within the Northwestern football program. In a Tuesday letter to staff acknowledging the lawsuits to come, Schill writing, I give you

my commitment that we will read double our efforts to safeguard the well. welfare of each and every student athlete at Northwestern, a goal shared by former players now sharing their stories, looking for accountability and change. I spent the last four years hating myself and what I went through here, and this is the opportunity to possibly make a difference. So I'm going to take it. All right, Shaq Brewster joins us now from Chicago. Shaq, what more can you tell us about the code of silence those players talked about?

Well, players said they feared more retaliation or consequences if they spoke out. They said that it would come in the form of less playing time on the field. That's a big threat for folks who are young players at the time and even more intense hazing. But they said despite it feeling insurmountable at some times, they're saying they're telling their stories now because they are trying to break that code of silence time. And we know the head coach has been fired. Has the school taken any other action? They have. And they've taken a series of actions immediately after that report was released earlier this month.

We're talking about monitoring football locker rooms. We're talking about anti-hasing training for staff and even for players. And also establishing an online system for complaints. So students and players can file future complaints of hazing a little bit more easily. They're saying those measures are just the start of the action that's to come, Tom. Okay, Shaq, Brewster for a Shaq, we appreciate all that. Next to Jason Aldean's song about small towns that's causing big controversy. The song is now facing criticism.

over its lyrics, some of the images used in the music video, and that the video was filmed at the site of a lynching in the 1920s. NBC's Noah Pransky has more on how the country superstars responding. Country superstar Jason Aldeen facing mounting backlash over his song, Try that in a small town. Country music television now pulling the music video, which contains a montage of news clips showing demonstrators. clashing with police and violent protests.

The lyrics reading, quote, Try that in a small town. See how far you make it down the road. Many critics also denouncing the song's apparent pro-gun message because Aldine was performing at the 2017 Route 91 concert in Las Vegas where a mass shooting left 60 people dead. And it's not just the lyrics. The music video was filmed.

in front of a Columbia, Tennessee courthouse, which was the site of a 1927 lynching of an 18-year-old black man and the 1946 Columbia Race Riot. In a lengthy post on social media, Al Dean defending his song and rejecting allegations the song is pro-lynching, writing in part, these references are not only meritless but dangerous,

adding, there is not a single lyric in the song that references race or points to it. He did not address where the video was filmed and has not responded to our, request for comment. In a behind-the-scenes video posted on his YouTube page, Al Dean shared his excitement over the project. This is probably my favorite song that we cut for the album. Definitely wanted to make a video to go along with that song and really kind of drive the point on. However,

the song and video ignited the firestorm online. Fellow country star Cheryl Crowe slamming the lyrics in a tweet, writing in part, Jason Aldeen, I'm from a small town. Even people in small towns are sick of violence. There's nothing small town or American about promoting violence. But many others are coming to Aldine's defense, including prominent Republicans like South Dakota Governor Christy Noem. I am shocked by what I'm seeing in this country with people attempting to cancel the song and cancel Jason and his beliefs. And Republican presidential candidate Vivek Ramoswamy, who says he plans to play the song in his campaign rallies. Try that in a small town, also taking the number one country spot on iTunes. Okay, NBC's Noah Plansky joins us.

now here live in studio. So, no, what, walk me through this. This is not really the first time Jason Aldeen and his family have sort of dabbled in the culture wars. No, they've been very outspoken about their conservative beliefs. They were outspoken early in the pandemic about criticism for vaccine mandates in California. They have a history of conflict. There is his wife on a video vlog on YouTube, made anti-trans comments that created such a stir. Al Dean's long-time PR company dropped him. And then there were photos. There were photos of his wife and children in anti-Biden shirts. So they very much wear their politics on their sleeves. Okay. Noah, we thank you for that. Coming up next, Johnson and Johnson ordered to pay up a man

who claims the company's baby powder gave him cancer awarded more than $18 million by J&J's vowing to appeal. Stay with us. All right, we are back now with Top Stories News Feeding. We begin with an update. in the Iowa apartment building collapse that left three people dead. The State's Department of Criminal Investigations confirming they have launched a criminal probe into whether there was any negligence

leading up to the incident. The City of Davenport and survivors of the collapse have also hired investigators. Now to a deadly car crash that was caught on camera in Missouri, a security cam capturing the moment a car flies through the air before slamming into a home. St. Louis police saying the vehicle

had hit an embankment while speeding, causing the car to go airborne. That video is wild. The driver was killed in the crash. Five people were inside the home at the time, including a three-year-old whose bed was pushed by the impact. No one inside the home, though, was hurt. And Johnson and Johnson ordered to pay more than $18 million to a California cancer patient. The lawsuit alleged the man developed a deadly cancer linked to asbestos because of his exposure to the company's talcum-based baby powder. Johnson and Johnson's legal team saying in a statement the company will appeal the verdict as decades of independent scientific evaluations have deemed that powder-safe and asbestos-free. However, the company currently faces tens of thousands of similar lawsuits. Okay, now to a shocking story about women who were the victims of painful fertility treatments. Dozens of patients claiming they unknowingly went through egg retrieval procedures without anesthesia. It's the subject of a New York Times podcast.

NBC's Kaylee Hardtong spoke to some of the women about the pain they experienced. It was just really hard. And it just, you never think you're going to be a victim of something like that. For Victoria's Idol and dozens of other women like her, dreaming of motherhood, a routine surgical procedure to retrieve their eggs was supposed to be straightforward. They tell you it's not invasive. And all you are thinking about in that moment is how many eggs did we get? Especially since after careful research and doctor's referrals,

they chose to freeze their eggs or undergo in vitro fertilization at Yale, University's Fertility Center. It took a toll, but it's yell. I was going to make it work. But as a federal investigation later discovered, a nurse at the clinic stole hundreds of vials of fentanyl for her own use over a five-month period in 2020, replacing the powerful medication with saline solution, that pain medicine that was supposed to provide comfort to women during the egg extraction.

Instead, both during and after their procedures, the women describe being an excruel. it's just like this stabbing internal pain that no one should ever feel ever when an anesthesiologist noticed how easily a cap popped off one fentanyl vial the nurse's crime was uncovered in 2021 dana monticone pled guilty to federal charges of tampering with a consumer product she surrendered her nursing license and was sentenced to four weekends in prison plus three months of home confinement the case is now the subject of a podcast by the New York Times. This is the retrievals. Yale agreed to pay more than $300,000 to the Department of Justice to resolve allegations of violations of the Controlled Substances Act. Now 68 victims, including Victoria, Angela, and Laura Zarr, are suing Yale, accusing it of failing to properly safeguard its supply of fentanyl. At the end of the day, I hold Yale responsible because this never should have happened. A spokesperson for the university says Yale deeply regrets the distress suffered by some of its patients.

Adding the center also reviewed its procedures and made changes to further oversight of pain control and controlled substances. This is something that has changed me and my family's life forever. And Tom, as it happens, I have undergone this very procedure. I had my eggs retrieved and frozen back in 2021, not long after these women had their deeply traumatic experiences. So this really hits close to home for me. When I went through this process, I worried about a lot of things. But the actual procedure, experiencing this level of pain that they described was not one of them. The women I spoke to all agreed.

The takeaway here is to listen to your body. If something doesn't feel right, don't hesitate to speak up. And definitely, don't blame yourself. Kali Hartung, with a very personal and powerful story there. All right, Kaylee, thank you for that. Now to the Americas where Mexico authorities have intercepted two smuggling operations involving more than 500 immigrants. All of them found an abandoned trailers stacked on top of one another, and some say they were even drug to endure the horrific conditions. And here in the U.S.,

migrants continue to face inhumane treatment at some detention facilities. Ellison Barber has this story. Nearly 500 migrants, adults and young children, are lucky to be alive after smugglers abandoned them in a tractor trailer. Mexican authorities rescued nearly 300 in one operation. over the weekend as the nation tries to crack down on smugglers, transporting migrants to the United States in dangerous conditions. Just a day later, Mexican authorities say they intercepted another 200 migrants in the back of an abandoned truck, potentially drugged. Braclets were reportedly wrapped around their arms to identify them, and they were crammed

in a trailer box that was adapted to avoid X-ray detection. This year alone, border agents in the Rio Grande Valley sector say they've intercepted more than 100 trucks illegally transporting migrants. And while the risks some are taking remains high, the latest Border Patrol numbers show the number of crossings going down. This man left Colombia last year. But he says the journey here paled in comparison to what he experienced in U.S. custody.

He asked us to conceal his center of pension, where no you can't even bathear, the banos in a single cisterna. He asked us to conceal his eyes. identity, alter his voice, and use the pseudonym Sebastian, because his immigration case is still pending and he fears retaliation. Sebastian was sent to an ICE detention center in Louisiana and was subjected to conditions advocates described as horrific and inhumane. Did you ever fear for your life? Temia's for your life? Yes, I think, much. I mean, there's just, there. There are things that you, the encirro is

In exclusive interviews with NBC News, people who are or were detained at the Wind Correctional Center describe how they were given undrinkable water, constantly threatened with solitary confinement, and barely given access to doctors, even in dire situations. The contract for Wind Correctional expires in May 24. The answer is simply to not renew it. That facility cannot be reformed. In a statement provided to NBC News, a spokesperson for ICE said the agency, quote, provides comprehensive policy and strict oversight for the administrative custody of one of the most transient, diverse populations of any correctional or detention system in the world and holds firm to continuous review of the many factors relevant to the continued operation of each of its facilities. I think the thing that makes me most heartbroken for people like Sebastian is that they come here and they absolutely. believe what the American people believe, which is that the United States is a beacon of hope. And they never anticipated that they would come to the U.S. and be thrown into a jail. All right, Alison, Barbara, joins us now in studio. And Ellison, this facility you highlighted there at the end of your report, this is not the first time there have been complaints brought to ICE

about that center? Yeah, it's not. There have been a series of complaints brought against this particular facility. One thing that's interesting is a couple years ago, ICE's office of civil rights and civil liberties actually launched an investigation into this facility because they've gotten so many complaints. Ultimately, what they advised ICE to do was to draw down the population at this center to zero until some of the safety concerns that they outlined could be addressed. That did not happen, but we have seen in the last year in 2022, I started some renovations on the facility, which were supposed to be to deal with some of those issues. But look, advocates we've spoken to, they say nothing has changed since that civil rights investigation. They say they've been back there. They see

the same conditions they've always seen. They're hearing the same things from people who are detained there and the population is still incredibly large. One thing they want to happen is for the Biden administration to decide not to renew the contract with this private company that operates this facility. They say that contract is up for renewal in 2024 and the Biden administration could simply say we're not renewing it and this would close. And they feel that's what needs to happen because they say this facility is beyond any sort of reform. Okay, Alison, Barbara first, Alison, we appreciate that. Coming up, the deadly shooting in Auckland, New Zealand,

a gunman opening fire in the city center just hours before the FIFA Women's World Cup is set to kick off there, but we're just learning from police and the U.S. women's national team. Stay with us. All right, we're back now with the latest on that U.S. soldier who ran from a tour group in North Korea. The White House saying the U.S. is working with Sweden and South Korea. to secure his release. This comes as we learn more about the soldiers' recent legal troubles. NBC's Matt Bradley is in Seoul, South Korea tonight.

Tonight, a picture of Travis King coming into sharper focus. The U.S. Army private set off a diplomatic crisis when he dashed across South Korea's border with North Korea Tuesday. I noticed this guy running very fast, sort of in a line towards the North Korean side. Sarah Leslie from New Zealand said she was on a guided tour of the demilitarizing. of the demilitarized zone that King joined. My initial thought was like, oh, my God, he's obviously doing that as a TikTok scam stunt, and that's the stupidest thing you could ever do.

Sarah showed us this picture. She said she took minutes before King dashed across the DMZ, evading more than a dozen South Korean and American soldiers, she said. King can be seen here, she said, in the black hat and shirt. So were you afraid? Did you think that they were going to start shooting? I was afraid, yes. While serving in South Korea, King had,

multiple run-ins with the law, according to local legal documents. Last September, he was accused of assaulting a man at a nightclub. And in a separate incident in October, police arrested him for assault. While sitting in a police car, King shouted insults at Koreans and Korean police, according to court documents, he also kicked the car, causing nearly $500 in damage. And he was just released after nearly two months in a South Korean prison, according to American officials who spoke anonymously to the Associated Press. His family back home in Wisconsin, distraught. He had a father, but his dad was never around, so my sister took care of him, and then at the same time, you know, he had the man up, so he wouldn't take care of his mom to take care of his family. That's how I see, view my nephew.

The family is hurt because, you know, his mother is very upset. You know, she talked to somebody yesterday and just asked him, could they just get her son out of there? King was supposed to board a flight to the States for more military discipline. even escorted King to the airport, but left him at his gate. According to Korean media, King was able to leave the airport after he said he had lost his passport. And that's when Private King managed to join a guided tour to the North Korean border and ran headlong into one of the world's most totalitarian regimes. Tom? Okay, Matt Bradley covering that strange turn of events there in South Korea.

Matt, thank you. Time now for Top Story's Global Watch and the deadly shooting in Auckland, New Zealand, as the FIFA Women's World Cup is set to begin there. Police say a suspect opened fire at a construction site in the city center, killing two people. Authorities say the suspect is also dead but did not provide any more details. No word yet on a motive. The U.S. women's national team confirmed all players are safe

and they will continue with the tournament's planned schedule. Thousands of people evacuated after explosions in Crimea. Take a look at this. It's new video showing a fire ripping through a military base and ammunition depot in the Russian occupied territory. 2,000 people evacuated and a nearby highway closed. You see it here. No official word yet on what caused the fire.

But it comes two days after an explosion damaged a Crimean bridge. Russia has blamed Ukraine for that attack. And an alarming site at India's iconic Taj Mahal, rising water levels causing a nearby river to reach right up to the monument walls, surrounding it with brown, murky water. The area has received more than 100% of its normal. rainfall this monsoon season. However, Taj Mahal officials say they do not believe the river poses

a risk to the historical landmark at this time. Okay, when we come back, the Taco Wars. Taco Bell winning a legal battle against a Wyoming restaurant chain that will allow them to use the phrase Taco Tuesday. However, there's a twist, a new fight cooking in New Jersey. We'll explain next. Finally tonight, the Taco Wars, the ongoing trademark battle over the phrase, Taco Tuesday, ending in a win for Taco Bell. The fast food giant now allowed to freely use the tagline in 49 states, but one small restaurant in New Jersey is still putting up a big fight. Maya Eagland has this story.

Tonight, Taco Bell declaring victory. Guess what day it is. After the fast food chain, won an ongoing legal battle over the phrase Taco Tuesday, making it free to use in 49 states. It's Taco Tuesday. And it being Taco Tuesday, First of all, I don't discriminate when it comes to tackles. Taco Tuesday should be for everyone.

The popular phrase, cooking up quite the controversy. This is Taco Tuesday. Even basketball megastar, LeBron James, tried to take out a patent on the slogan in 2019, but was unsuccessful. He ended up teaming up with Taco Bell. Everyone should be able to say and celebrate Taco Taco Taco Taco. In a marketing blitz, to end the copyright in this commercial that went viral. No more trademark, no more bleeping starting right now. The taco tension boiling over when Taco Bell filed a petition to cancel the trademark owned by Wyoming-based chain Taco Johns, who have claimed the phrase as their own since 1989.

Taco John has really aggressively defended their trademark saying, hey, don't use our term Taco Tuesday because we own it. Only we can use it. The Taco Titans finally squashing the beef after Taco Johns waved the white flag, agreeing to drop the patent and shared Taco Tuesday, saying in a statement, we're lovers, not fighters, but still taking a jab by bleeping out LeBron's name in the press release. Taco Bell responding to their win today, saying this is a shared victory with Taco Allies everywhere. When tacos win, we all win. The term really, it has become so broadly utilized in everyday language, holding on to those exclusive rights would have been almost, in my opinion, an impractical endeavor. But the quest to liberate

the term Taco Tuesday in every state is not. over. Gregory's has had the rights to the phrase Taco Tuesday for more than 40 years. Stephen Altamuro represents Gregory's restaurant and bar in New Jersey, a local establishment that has owned the trademark for Taco Tuesday since 1982, and they're not giving it up. We're a small company taking on a huge company and certainly we're the underdog here, but we're going to do our best. One small restaurant, making talk Tuesday's last stand. Maya Eagland, NBC News. All right, so the Taco Wars continue, and how smart is LeBron James trying to trademark

Taco Tuesday? That does it for us tonight. I'm Tom Yamis in New York. Thanks so much for watching Top Story. Stay right there. More news on the way.