my name is oluseyi and some of my favorite moments throughout my life are watching sports with my dad. now, i work at comcast as part of the team that created our ai highlights technology, which uses ai to detect the major plays in a sports game. giving millions of fans, like my dad and me, new ways of catching up on their favorite sport. welcome back. 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. right now we're keeping a very close eye on the justice department. any moment now we're expecting attorney general merrick garland and other justice department officials to announce a landmark

lawsuit against apple, accusing it of monopolizing smartphone markets. with us now to talk more about this is nbc news business and data correspondent brian cheung. we're expecting the attorney general any second now. but, meanwhile, what do we know about this lawsuit? >> this is a pretty blockbuster case that the united states government is trying to wage against apple, the maker of the iphones, the mac books and many other devices that we're all familiar with on a daily basis. this is an antitrust lawsuit. and based off of what we have seen in just the last few minutes in the leadup to this press conference that merrick garland will be holding, the merits of the case they're trying to establish here, that apple allegedly, according to the doj, is maintaining a monopoly over smartphones by selectively imposing contractual restrictions on and withholding critical access points from developers. they outline a different of examples for how apple is engaging in antitrust behavior, like, for example, stifling the invention of cloud-based games, blocking super apps that have

wide raning functionality to drive users to apple's own software. there are more tangible examples of this. the incapacitiability of an apple watch connecting to an android phone and the cross bubble situation if you're texting someone from an iphone and another person on an android, you get the green bubbles versus the blue bubbles in some cases which makes it difficult to send videos or text messages. the lawsuit alleging that apple is the company that is making that so difficult. this is very interesting to see how apple responds to this and in a statement, they said, quote, if successful, it would hinder our ability, referring to the doj lawsuit, to create the kind of technology people expect from apple where hardware, software and services intersect. so, apple kind of swinging back here as we await the attorney general to speak a little bit more about this. >> how significant -- we're seeing somebody already approaching the podium. i think they may be giving a -- what they call a two-minute

warning or one-minute warning. but, how significant, brian, is this lawsuit? >> well, it is pretty significant because the merits in this case that they're trying to establish here would largely force apple to play more nicely with its other competitors, like, for example, with the apple watch, perhaps cross compatibility where there would be more seamless integration with an android phone, for example. the argument that the doj is trying to set up here is the way that the apple has established the creation of these devices is to keep and trap users into the apple ecosystem, making sure the devices play nicely only with other apple devices. if the doj suit does force apple into a settlement or perhaps even, you know, a judge ruling in favor of the doj here, then apple could be essentially forced to open up its software and hardware compatibility for its competitors to play more nicely with what its inventions are. again, it really depends on how all this develops. we have seen many other

antitrust lawsuits from the doj as well. we know they're going after google, for example, so this is part of the biden administration's bigger goal to try to target these tech companies and try to examine whether or not they do have too much scale and have too much power over the tech space. interesting to see how all this plays out. as the case with these types of court proceedings, it could take a very long time to see any outcome out of this. >> yeah, i'm wondering what has apple said anything yet so far? do we know? >> well, they did issue a statement in the leadup to this press conference and i read a slip of it. i can expand a little bit more on what else they said in this as well. so, again, apple saying that, quote, we innovate every day to make technology people love and adding this lawsuit threatens who we are and the principles that set apple products apart and fiercely competitive markets. i describe that, if successful, they feel like this would threaten their ability to create and innovate new products and would -- we believe this lawsuit

is wrong on the facts and the law and we will vigorously defend against it. so, apple not being specific in terms of how they're going to maybe strategize the legal response here, but, again, apple coming out with that on the record right there. >> brian cheung, thank you so much. let's go to the attorney general. >> good morning. earlier today the department of justice joined by 15 states and the district of columbia sued apple in the u.s. district court for the district of new jersey for violating section 2 of the sherman antitrust act. over the last two decades, apple has become one of the most valuable public companies in the world. today its net income exceeds the individual gross domestic product of more than 100 countries. that is in large part due to the success of the iphone.

apple's signature smartphone product. for over a decade, iphone sales have made up a majority of apple's annual revenue. today, apple's share of the u.s. performance smartphone market exceeds 70%. and its share of the entire u.s. smartphone market exceeds 65%. apple charges as much as nearly $1600 for an iphone. but as our complaint alleges, apple has maintained monopoly power in the smartphone market, not simply by staying ahead of the competition on the merits. but by violating federal antitrust law. consumers should not have to pay higher prices because companies break the law. we allege that apple has employed a strategy that relies on exclusionary anticompetitive conduct that hurts both consumers and developers. for consumers, that has meant fewer choices, higher prices and fees, lower quality smartphones,

apps and accessories, and less innovation from apple and its competitors. for developers, that has meant being forced to play by rules that insulate apple from competition. and as outlined in our complaint, we allege that apple has consolidated its monopoly power, not by making its own products better, by by making other products worse. apple carries out its exclusionary anticompetitive conduct in two principle ways. first, apple imposes contractual restrictions and fees that limit the features and functionality that developers can offer iphone users. second, apple selectively restricts access foin points of connection with third party apps and the iphone's operating system, degrading the functionality of nonapple apps and accessories. as a result, for most of the

past 15 years apple collected a tax in the form of a 30% commission on the price of any app downloaded from the app store as well as on in-app purchases. apple is able to command these fees from companies of all sizes. apple has also suppressed the emergence of programs like cloud streaming apps, including gaming apps, as well as super apps that could reduce user dependence on apple's own operating system and expensive hardware. and as any iphone user who has ever seen a green text message or received a tiny grainy video can attest, apple's anticompetitive conduct also includes making it more difficult for iphone users to message with users of nonapple products. it does this by diminishing the functionality of its own messaging app and by diminishing the functionality of third party messaging apps. by doing so, apple knowingly and

deliberately degrades quality, privacy, and security for its users. for example, if an iphone user messages a noniphone user in apple messages, the text appears not only as a green bubble, but incorporates limited functionality. the conversation is not encrypted, videos are pixilated and grainy, and users cannot edit messages or see typing indicators. as a result, iphone users perceive rival smartphones as being lower quality because the experience of messaging friends and family who do not own iphones is worse. even though apple is the one responsible for breaking cross platform messaging and does so intentionally. for example, in 2013, a senior executive at apple explained that supporting cross platform messaging and apple messages, quote, would simply serve to

remove an obstacle to iphone families giving their kids android phones, closed quote. in 2022, apple's ceo was asked whether apple would fix iphone to android messaging, the questioner added, quote, not to make it personal, but i can't send my mom certain videos, closed quote. apple's ceo responded, buy your mom an iphone. in addition to selectively controlling app distribution and creation, we allege that apple has violated the law by restricting access to the interface, which is needed to make an app functional on the apple operating system. for a product like a smart watch, or a digital wallet, to be useful to an iphone user, it must be able to communicate with the iphone's operating system. but apple creates barriers and make it extremely difficult and expensive for both users and

developers to venture outside the apple ecosystem. when it comes to smart watches, apple not only drives users to purchase an apple watch, which is only compatcompatible with a iphone, it uses controls to make it harder for someone with an iphone to use a non-apple smart watch. and when it comes to digital wallets, apple's exclusionary conduct goes a step further. digital wallets allow users to store and use passes and credentials in a single app, including credit cards, personal identification, movie tickets and car keys. apple wallet is apple's proprietary digital wallet on the iphone. apple actively encourages banks, merchants and other parties to participate in apple wallet, but it simultaneously exerts its monopoly power to block the same partners from developing alternative payment products and services for iphone users.

for example, apple has blocked third party developers from creating competing digital wallets on the iphone. they use what is known as tap to pay functionality. that is a function that makes a digital wallet, well, a wallet. instead, apple forces those who want to use the wallet function to share personal information with apple, even if they would prefer to share that information solely with their bank, medical provider, or other trusted third party. when an iphone user puts a credit or debit card in apple wallet, apple inserts itself into the process that would otherwise occur directly between the user and the card issuer. this introduces an additional potential point of failure for the privacy and security of apple users. and that is just one way in which apple is willing to make the iphone less secure and less private and in order to maintain its monopoly power.

the supreme court defines monopoly power as, quote, the power to control prices or exclude competition. as set out in our complaint, apple has that power in the smartphone market. now having monopoly power does not itself violate the antitrust laws, but it does when a firm acquires or maintains monopoly power, not because it has a superior product or superior business acumen, but by engaging in exclusionary conduct. as set out in our complaint, apple has maintained its power, not because of its superiority, because of its unlawful exclusionary behavior. monopolies like apple's threaten the free and fair markets upon which our economy is based. they stifle innovation, they hurt producers and workers, and they increase costs for

consumers. if left unchallenged, apple will only continue to strengthen its smartphone monopoly. but there is a law for that. the justice department will vigorously enforce antitrust law. and enforcing the law protects consumers from higher prices and fewer choices. that is a justice department's legal obligation, that is what the american people expect. that is what they deserve. i am grateful to the attorneys and staff for the department's antitrust division for their tireless work on this case on behalf of the american people. i'll now turn the podium over to the deputy attorney general. >> thank you very much, mr. attorney general. and good morning, everyone. >> as their conversation continues in washington, we will stay on it and be monitoring it, if the attorney general takes some questions, we will go immediately back to it. i want to bring back nbc's brian

cheung. also we're joined this morning by tim woo, the former antitrust adviser to president biden. brian, this is pretty significant. >> yeah, certainly. we heard from the attorney general merrick garland over there. what was interesting is that he really tried to set up the case for apple abusing its power to essentially force people into apple products when other competitors would otherwise be able to interplay with apple products like an apple watch, where you might be able to connect it with an android phone, which is not the case right now. as the attorney general was outlining, it is not necessarily just the fact that a company has a monopoly like they allege apple does to violate the law, but they also need to at least in the doj's case prove that they were abusing that power to force consumers into their products. not out of the quality of their products, but out of the lack of options or the inability to do

so. so, again, the justice department pointing to some examples like, for example, if you are texting from an iphone to an android user and that android user texts back, that interface, that experience is not the same as you would have with another iphone user because it comes back to you in the form of a green bubble. they try to send you a photograph that is blurry. what is interesting is that apple has already changed some of these practices, maybe because of the criticism, maybe because of regulations in the european union. they back tracked last year and said at some point they will try to make the experience between android and iphone messaging a little more seamless. maybe some of the complaints in here are already being addressed in part bay apple, but does this suit speed up some of the changes that they might make to other products. very interesting to see how this court challenge sets up apple for a strategic change here, but pretty remarkable to see this suit come down today. >> it is.

tim, how did you see it? >> i share a lot of those views. you know, i think people have been wondering for a long time whether apple has a monopoly or not given their sustained profits. and justice department uncovered evidence it seems that they suggest that they're doing what they can to preserve their monopoly and what they call performance smartphones. so, i think we have to see what kind of evidence comes out, but, you know, on the face of it, it looks suspicious for a very long time. >> and, you know, the attorney general saying that antitrust laws will be enforced in this case. wondering, tim, i didn't hear that there is -- apple has been doing this for the longest time. >> yeah, well, i think it is -- i think it was a different matter when it seemed like more of a fair competition between android and apple smartphone products. i think apple has kind of taken this dominant share of the performance smartphone market

and held it for such a long time and, you know there has been all kinds of evidence in which they made it really not a choice for people to switch to android. and i think the justice department said, we have seen this over the last five years, it is an anticompetitive situation, we have to take action. >> brian, do you see anything down the road in the short-term that will have an impact on consumers? >> that's a really interesting question here because it is certainly the case that it is not like there needs to be a ruling on this antitrust case for apple to do something as i outline with the messaging example there. apple is back tracking on some of the behavior that the justice department seems to be taking and maybe that's just market forces, maybe that's criticism on social media that has motivated them to do something. it could be regulation overseas that is forcing them into that. so, you know, maybe that's part of the doj's approach here, is maybe not expecting any sort of changes as of a resolution from

this lawsuit, but maybe using just the filing of the lawsuit itself to nudge apple into the behavior they would then perhaps consider. maybe even down the line settle behind closed doors to say, hey, we're kind of alleviating some of these antitrust concerns. we'll have to see how it pans out. >> brian cheung and tim woo, thank you both so very much for being with us and explaining this to us. appreciate it. up next, breaking news in the hush money case. and breaking developments overseas, new details about the u.s. draft resolution calling for an immediate cease-fire in gaza and why this is so significant. and why a deal to avert a partial government shutdown could come with just hours to spare. new details about the deal and when the vote could happen. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. (shouting) i can't! i'm just telling everyone! ...hey! see your tax refund go further with buy one get one free at visionworks. see the difference. it's hard to explain what this feels like.

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23 past the hour. we turn now to breaking news out of former president donald trump's hush money case. in a new filing, the manhattan d.a. now says only less than 300 documents of the over 100,000 produced to trump's attorneys are actually relevant to the case. joining us with more is intelligence correspondent tom winter. good morning. what does this mean? >> good morning. you may remember last week there was a lot of discussion about now just having done the pencil math, approximately 150,000 pages of documents turned over by federal prosecutors who

looked at michael cohen for campaign finance-related violations tied to the hush money payments, he pleaded guilty to that, how could federal prosecutors just be turning over this volume of materials now to both the manhattan district attorney's office, who is bringing their own criminal case against the former president as well as his defense. and today we're getting a lot more detail on how all this went down. first off, to your point, only approximately 270 documents the d.a.'s office says are actually relevant to this case. and there was some question in a lot of discussion by legal analysts as to whether or not these things had been previously requested by the manhattan district attorney's office. they said that they had been. and so the question was why didn't prosecutors turn over potentially some of these relevant documents before? the answer to that, it appears, is the documents did not arrive in the southern district of new york, the federal prosecutor's office overseeing this, in their

possession until late last year after the manhattan district attorney's office had requested them. that's fbi 302 forms, notes and interviews that they conducted with michael cohen as part of the special counsel's office investigation into russian interference, not into the campaign finance donations, which, of course, have been so much of a focus of not only the manhattan district attorney's office case, but as well as the federal prosecutor's case. that appears to clear that up. most of the records do appear to be tied to banking records. there are also phone records, phone records that the federal prosecutor sees in the course of their investigation. that, according to the manhattan district attorney's office, apparently the manhattan d.a. had that information on their own, and so that is the type of thing that they would have turned over, but the southern district as well as the manhattan d.a. said look because of the, you know, incredible nature of this case, we're going

to turn over even that information as well even if it is information that you already have. so, hopefully this clarifies a little bit of the back and forth over the past several weeks that it is not as if 150,000 plus pages of documents have all of a sudden been found that nobody knew about before prior to this all coming to light, jose. >> tom winter, thank you very much. appreciate it. we're also following another big story, major developments in the israel-hamas war. overnight, secretary of state antony blinken announced the u.s. submitted a draft resolution to the u.n. security council calling for an immediate cease-fire in gaza, tied to the release of more hostages. the u.s. previously vetoed any resolution that called for a pause in the war. right now, blinken is in egypt where he met with the president there before he travels to israel tomorrow to meet with israeli officials. meanwhile, house speaker mike johnson said this morning he's going to invite israeli prime minister benjamin netanyahu to deliver an address to a joint session of congress as new aid

packages remain stuck on capitol hill. joining us now is nbc's raf sanchez in tel aviv. also with us, evelyn park our executive director of the mccain institute and former senior adviser to the supreme allied commander europe. what more can you tell us about the new u.s. led resolution? >> reporter: so, jose, in the last couple of minutes, nbc news obtained the language of this resolution and it is by far the strongest of anything we have seen from the u.s. at the u.n. security council so far. it calls for an immediate and sustained cease-fire in gaza, tied to the release of those remaining hostages. now, compare that to previous language the u.s. has been circulating where they called for a temporary cease-fire as soon as practicable there is a real sense of urgency to the latest draft of the resolution we have not seen previously from the united states. we should be clear that while

the u.s. has vetoed three previous u.n. security council resolutions calling for a cease-fire in gaza, this isn't a complete 180, those resolutions said an end to the fighting with or without a hostage deal. this resolution hinges that cease-fire on a hostage deal, coming together, from those talks, under way right now in qatar. this is still a very marked shift, it shows the biden administration really feeling the heat. both at home and abroad to do more to address the suffering in gaza. this is also kind of a way for the u.s. to pile pressure on everybody sitting around that negotiating table in doha. the israelis, hamas, and the qataris to say, look, it is the will of the international community at this point that you get together that you make a deal, that gets the hostages out, that gets humanitarian aid in, that pauses the fighting and hopefully leads to an enduring

and permanent cease-fire in gaza. >> evelyn, the biden administration has been increasing the pressure on israel specifically to try and avoid them invading rafah and push toward a new cease-fire deal. what do you make of the administration's recent messaging here? >> i think they're really coming out much more publicly and much more strongly against an offensive in rafah and frankly, you know, against the way the idf has been fighting the war. they are essentially saying, stop, this is not a way to bring the hostages home. and they're responding to a couple of things. one, clearly whatever they were saying behind the scenes because i did have information that they were behind the scenes trying to tell the israelis to, you know, make their -- use tactics that are less of a big, you know, hammer if you will and be more precise, and frankly to transition to peace talks and

get the hostages out. now they have gone public. they also have been responding, i think, to probably a bit of a coordinated effort with the senate majority leader, senator schumer, who very clearly made a political statement with regard to israel and how -- and what is happening with gaza and the future, of course, outcome here. i think they're moving towards -- they're trying to move some more levers toward a hostage release, and then ultimately a peace deal, if you will. and you see this new shuttle diplomacy by the secretary of state, putting real power and also real initiatives like bringing humanitarian aid to gaza separate from the israelis. and separate frankly from hamas. these are real kind of power plays to try to move the needle here and change the dynamic. >> and, i want to turn to the war in ukraine now. you're in kyiv this morning for first time in 44 days that city

came under attack. what is it like there? >> i think people are -- they're tired because most of us were, you know, in a shelter last night, a bomb shelter, not everyone has beds in those shelters. so, people are tired and they're annoyed, but they also understand that when russia undertakes this kind of attack, it is because russia is feeling like it needs to take revenge and there are a couple of things that, you know, russia could be taking revenge for. the ukrainian forces have taken out a number of russia's oil refineries. some estimates say as much as 8% reduction in russian oil exports might result because of the strikes that the ukrainians have conducted inside russian territory. so, it could be revenge because of that. the ukrainians have also taken down a special russian aircraft that helped with intelligence and surveillance.

helped essentially identify the civilian and other targets that the russians use here to target people in kyiv, so because the russians essentially shot that aircraft down, which was an expensive and important capability, this could also be revenge for that. we don't really know. but obviously, people don't want the russians to keep lobbing missiles towards kyiv. it is clearly, you know, disruptive. >> raf sanchez and evelyn farkas, thank you. appreciate it. up next, what former president trump may have to do to pay for the bond in his civil fraud trial. plus, what's next as a federal appeals court considers whether texas can enforce its controversial new immigration law. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. [cat meow] —is she? letting her imagination run wild even though she has allergies. yeah. my frequent heartburn had me taking antacid after antacid all day long

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35 past the hour. former president donald trump has four days to pay $464 million as penalty from his new york civil fraud case. so far, he has not been able to come up with the money. and sources tell nbc news that donald trump is growing frustrated as time literally runs out. if trump misses monday's deadline, the new york attorney general could start seizing his assets. joining us now, investigative reporter for "the new york times" who has been covering trump's finances very closely, paul charlton, former u.s. attorney.

so, sue, the deadline now just four days away. what else could trump do to come up with the money here? >> well, could be today or tomorrow. an appeals court could rule -- they're looking at it right now. he earlier this week came forward and said there is no way i can come up with an appeal bond for this because these companies that would poverty his appeal bond, which is going to be in excess of $500 million of cash, it could be -- i'm not holding a lot of hope, something could come out of that that could give him some relief and we'll hear we're not sure when today, tomorrow, name before the 25th is when they said they would rule. i find deadlines clarifying and a solution could come in the next few days, anywhere from -- there could be a settlement with the attorney general or he could come up with the cash in another fashion. someone could come forward in the form of a loan or a gift, and he could be able to post it

or there could be another solution that we haven't even heard of. right now i think the attorney general is on the same track preparing for monday and moving forwteps that they need to take in case there is a situation where the seizures begin on monday. that money or bond is due, he has to do something by monday. >> yeah. mentioning a loan or a gift. how would that potentially be and we're talking just days? >> right. it could be a loan or could be a gift or he could -- there could be an asset sale where he could at the last minute arrange something and if he can't get it done by monday, maybe he'll get some relief from the court for another 30 days if the attorney general agrees. i think there is a lot of options and i cover wall street for years, and i always would remember when there was a merger, just hours before things would really come into focus, i'm not saying here as well.

but four days is a long time when you're dealing with this sort of stuff in terms of something coming together. >> paul, we're talking about the attorney general could start seizing trump's assets unless an appeals court steps in. what is the likelihood of that happening? how would that actually work? >> well, it may work, jose, and serve as well to think about this as an ordinary civil case. i know there is so much that takes this out of the ordinary, a former president, a former president found to have committed fraud, but this is a civil case, such a civil cases that occur in our country every day, hundreds of times a day. and when plaintiffs win in a civil suit like this one, when they get a money judgment in a civil suit like this one, the next steps when the defendant says i can't pay you, for the plaintiff to go out and find assets or income, that they can lean up, that they can garnish, that they can seize, that will

allow them to recover this money. so on monday, if the courts don't intervene what the attorney general is going to start to do is file liens, identify assets and begin another court process in which she goes to the court and says, here's an asset i have identified, we want you to begin the process of allowing us to seize this, and if necessary, sell this asset so that we can recover this almost half a billion dollar judgment that they have already won. >> right. >> sue, if trump does come up with the money somehow, some way, in four days, would he have to disclose where or how he got it? >> my understanding is he doesn't have to disclose it. i think it will be the million dollar question if he does come up with it and there is going to be a lot of people looking. so disclosure may happen in terms of reporters like myself finding it or another avenue into it. that's a really good question. for example, in the e. jean

carroll case, it wasn't disclosed immediately in papers in new york, but in papers filed in florida by chubb, the company that put up the appeal bond, he put up a bank -- an account he had at a brokerage house. >> the 460 plus million dollar question, right? sue craig, thank you, appreciate it. thanks. up next, we'll go live to a border town in texas, how people are reacting to the state's controversial immigration law. plus new reporting that problems are piling up inside trump's re-election campaign. you're watching "jose diaz-balart reports" on msnbc. cn you're watching "jose diaz-balart reports" on msnbc. listerine is 5x more effective than floss at reducing plaque above the gumline. for a cleaner, healthier mouth. ahhhhh. listerine. feel the whoa! ♪ tourists tourists that turn into scientists. tourists photographing thousands of miles

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machado. arrest warrants are out for seven others including her campaign manager. the regime banned machado from registering as a presidential candidate. that happened after the biden administration eased some sanctions against maduro with the conditions of open elections. we spoke with elina machado last month. she told us that four of her colleagues had already been kidnapped and that her team faces constant harassment from authorities. she also said this about the maduro regime. >> they have destroyed every institution, taken control of the system. they have also ransacked our country and that has brought huge tensions among the families that form the system. >> yesterday, machado told journalists in caracas that the arrest would not weaken her and she vowed to press forward with her campaign.

and now to the latest on the ongoing fight over a controversial texas immigration law. federal appeals court is deciding whether to allow texas to enforce that law. since yesterday, the court appeared to be skeptical about the law during arguments. the law allows state and local law enforcement officials to arrest anyone suspected of crossing the border illegally. it empowers state judges ordering them to be deported back to mexico. with us now to talk more about this is nbc news correspondent david noriega in eagle pass, texas. how is the issue playing out on the ground in texas? >> reporter: above all, it is a lot of uncertainty, not just around whether this law will ever actually go into effect, but if it does, what will that actually look like. we have been talking to a fair amount of law enforcement, particularly sheriffs. yesterday, a gathering of sheriffs who support the law in austin who made an appearance with governor greg abbott. i want to play you a clip. take a listen.

>> what needs to happen is we need to shut this border down. my county alone, i had 1320% increase in the number of fentanyl related deaths since 2019. last year, 2,000% increase in the number of fentanyl seizures. >> eight-month period, over 30 overdoses and 75 people have died from it. a lot of people are not drug abusers. one pill and dead. fentanyl is used as a weapon against the citizens of the united states. >> reporter: jose, as you know, the fentanyl crisis is very real and a lot is smuggled in from mexico. the vast majority of it comes in from ports of entry in vehicles driven by american citizens. it shows you the extent to which there is a disconnect in the way this law gets talked about in political context in the way it would actually function on the ground. this is essentially a political

conflict between the state of texas, and its government, and the federal government and it is an important thing to take into account as we keep reporting on this moving forward. jose? >> david noriega in eagle pass, texas, thank you so much. up next, we'll tell you who may be getting traction to be former president donald trump's running mate. and breaking news about baseball star shohei ohtani. why they have fired his long time interpreter. you're watching "jose diaz-balart reports" on msnbc. er you're watching "jose diaz-balart reports" on msnbc. (jen) that's enterprise intelligence. (vo) it's your vision, it's your verizon. have heart failure with unresolved symptoms? it may be time to see the bigger picture. heart failure and seemingly unrelated symptoms like carpal tunnel syndrome, shortness of breath, and irregular heartbeat could mean something more serious, called attr-cm a rare, underdiagnosed disease that worsens over time.

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trump is facing, they continue to pile up, and yet he is still very much in the running. why do you think that is? >> you know, my image of the trump campaign is somebody walking around with a paper bag full of water. i don't think it's going to leak. but when this goes, it's going to go quickly. there's a good chance that we're going to have a situation like 1980 in reverse. carter was tight with reagan until the middle of october and the bottom fell out for carter. people are beginning to focus on the fact -- this is incredible. i can't believe i said this. i worked in this party almost 30 years. the republican party is led by a guy from queens who can't make bail. that's a fact. i think that's going to be very disturbing to people. plus, there's no positive message inside the trump campaign. it's a party of grievance and a campaign of grievance.

ultimately, there's a reason haven't elected many presidents like that. it's exhausting. it's unattractive. it makes us feel bad to be involved in politics when it's about grievance. it doesn't lift us up. i think all of that is going to be telling. it's a big problem for the trump campaign. >> is there something you think democrats could do differently to fine tune their message? >> i think trump's legal problems and the fact that he is going more and more extreme in his rhetoric is turning people off. so democrats have to take advantage of that. i think there's a great opportunity here, especially with suburban voters. suburban voters outside of philadelphia, outside of detroit, outside of milwaukee. folks who could still perhaps go either way. one of the most interesting announcements i saw in the last few days was bundlers for nikki

haley choosing to raise money for joe biden instead of donald trump. send these signals that, look, donald trump is extreme. he has all these legal problems. literally could go bankrupt within the next few weeks. i think that democrats have to remain positive, have to offer a vision for the future, have to also take care of some of the issues with the base that democrats have right now. but then, have a strong opportunity to seize that middle from donald trump. >> nbc news has reporting that marco rubio has emerged as one of the top potential vp picks for trump. how do you see that? >> you know, marco rubio is one of the sadder stories in american politics. that's saying something. let's not forget, this is a guy who was on the cover of "time" under the headline, savior of republican party. when he went out and said about

donald trump in 2016 -- when he was running against him, he said he would destroy the party, all of the things he said, he believes those things. then trump crushed him in his home state. trump just broke him. that's it. he is a broken man. would donald trump pick the sad little figure who he managed to dominate and has been out there saying these things everybody knows he doesn't believe? sure. the question for marco rubio is -- seldom has it been said where you have the backbone of mike pence in the history of modern politics. but that's a question for marco rubio. >> i want to just get your thoughts on s.b.4 in texas. we have been talking a lot about it. it comes as new data demonstrates the significance of immigrant for gop voters. is this something you think that

will be a bigger issue come 2024 in november? >> i mean, there's no question it's going to be one of the big issues. that's why president biden and democrats tried to address that issue. i didn't agree with every single part of the legislation proposed and sent up to congress. biden and democrats have a strong argument to make here. look, we tried to fix the problem. we tried to address it. republicans, even though they talked a big game and they create a lot of fear about immigration, they were unwilling to actually solve the problem. so i think that president biden needs to continue to assert that message, show that he is working on this issue, show that he understands the concerns of border communities and he is trying to do something positive about it and contrast that with donald trump that's just stoking fear, talking about migrants as animals and talking in this

sometimes hitler-esque way, i believe democrats will stand in better stead because the administration has been making that argument strongly. we tried to solve it. you are not doing anything about it. >> thank you both so much. appreciate it. we are just hours after the 2024 baseball season kicked off. one of the biggest names is caught in the middle of a controversy. the los angeles dodgers fired the interpreter for ohtani for being accused of theft from the superstar. reports broke yesterday that the interpreter was being investigated for ties to illegal sports gambling. attorneys for the superstar said he became aware of the theft and turned the matter over to authorities. nbc news has not independently confirmed the details in these reports.

joining us now is liz croitz. >> reporter: this is shocking baseball fans right now. the interpreter goes everywhere with him. they are friends. he was with him yesterday at the opening day game in south korea. at some point after that, the mlb fired him after that report surfaced that he used ohtani's money to place illegal sports bets. he is accused of sending the money to an allegedly illegal bookmaker here in california where it's illegal. where things get confusing is that he did an interview where he said ohtani paid the bookkeeper to help his friend pay off the debt. he said he had zero involvement in the actual betting. then the next day, he changed his account of what happened. he told espn that ohtani had no knowledge and had not made the payments.

since then, ohtani's attorneys have accused him of massive theft. nbc news has not independently verified the details of the reports. certainly, this is raising questions, many of which we don't have answers today. we will work on that today. a really big story surrounding the biggest name in mlb. >> this thing is changing really just by the hour. the interpreter is saying, $4.5 million? >> reporter: a lot of money here. apparently, it was a wire transfer from ohtani to this illegal bookkeeper. that's where questions are coming, what did he know, not know, and the conflicting reports. the espn interview that he backtracked on. a lot of questions right now. >> ohtani, has he talked about it in the recent past? >> reporter: no. we have not heard anything. we saw him yesterday in south korea opening day game there. his interpreter was there by his

side. you can see them chatting like they usually do. their wives are friends. they are very close. they have worked together for a very long time. you see their friendship right there at the game. that's where it's confusing. a few hours later, he was dismissed from the mlb and ohtani's lawyers accusing him of this massive theft. >> thank you so very much. really appreciate that. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on social media @jdbalart. watch clips from our show on youtube. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," the justice department cracking down on apple with an antitrust lawsuit today alleging the tech giant has been blocking its rivals from accessing key features. >> we allege apple