Hearing with special counsel jack smiths team. Theyre trying to determine what evidence trump may discuss publicly in the Election Interference Case. Plus, we have two Nbc News Exclusives today. New reporting about the special counsels investigation into classified documents found at President Bidens office and home. And democratic senator joe manchin skipping a major white house event as he considers running against President Biden. And celebrations are being held around the world today. The 50th Anniversary of hiphop. We begin this morning with Breaking News for the Third Straight day. Catastrophic wildfires are tearing through hawaii with six active blazes. Six still burning. It is now the second deadliest wildfire in u. S. History. 55 people died. The death toll is expected to rise as the fire is just 80 contained as of right now. With over 1,000 structures burned, thousands of acres of land scorched, the governor says it looks like a bomb went off and thats the likely the Largest National disaster in hawaii history. Residents describe the devastation as apocalyptic, a war zone, with many saying they have lost everything. One man who jumped into the water to escape danger said he was there for about three hours before being rescued. Explosions, screams like out of a horror movie. I called the cops again. They couldnt come. The third time i called them, they said you have to go in the water. I said you want us to jump in the hurricane . It is black, you know . The ocean was pulling us at the same time. Were trying to have debris falling on us, trying to get wet and not burn. I just started praying and said, please, god, not today. This is it. Reporter dana griffin joins us from maui wlachlt are you seeing there today . Reporter good morning to you. Right now it is about 5 00 a. M. Local time. All is quiet. People are still inside sleeping. Hundreds once again slept inside this evacuation center. Many have had their lives upended and some barely escaped the flames. We are seeing images as you can see on your screen of this burned out skeleton of lahaina, the Historic Town, which is the ocean front Tourism Industry that is that is just as you can see, obliterated. You can still see some of the smoke and the ashes that were left behind as these wildfires quickly moved through. We know that at this hour about 80 of the fires have been contained according to officials. Again, the death toll right now remains at 55. That number is likely to grow. Ive spoken to several people including a doctor who made his way to lahaina, that same day as the fire swept through. He described it as apocalyptic. And just was really thrown off by how devastating this fire was. Take a listen. How many people do you think are dead . I think right now it is still under 100. I definitely think it is going to be a couple hundred. It took me by surprise. I walked in, i was, like, im in a war zone. This is something next level. Like, 9 11, people just jumping out of windows. They ran into the ocean because there was hundreds of people that swam out, hundreds of people went out on surfboards and rafts. You got to be strong. Were only human. You go home. It is, like, you know, Somebody Scraping their fingernails on a chalkboard, Hearing A Mom Cry how she lost her child or her husband. Reporter and those are just some of the stories that were hearing from this doctor. He went in to try to help people thinking he was just going to need to provide medication. He wound up giving people food, treating their infections, their cuts. He says some people are still staying behind for various reasons. Some have pets that they are trying to find. Others are still looking for relatives and loved ones. Right now we know that the Search And Rescue is ongoing as theyre trying to comb through homes. If anyone is still inside and may have been burned when this fire moved through. Were hoping to get an update on the numbers. And what this area looks like. The road still has not been opened. But surprisingly, jose, we have heard so many stories of resilience. A lot of people did everything they could whether they had to walk, jump in the ocean, and one thing were hearing from a lot of people is that they are so grateful to be alive and have their loved ones that did survive. So this is a very resilient community. And a lot of them think that they will bounce back. Just what a heart breaking reality. Dana, have you seen a lot of help arrive . Reporter we have been stationed here at the evacuation center. So we have not gone to the front lines where youre seeing the National Guard and other federal resources deployed there. We have seen videos of that, but we have seen a lot of people drop off donations, food, water, blankets, really trying to step up. The community is banding together in this really tough time, trying to help each other out. The whole spirit of aloha, which is really embraced throughout this entire state, and were definitely seeing that here. Dana griffin, thank you so very much. Later this hour, were going to speak with hawaiian State Senator who represents maui about what people there need and how we can help. Now to Breaking News from washington where a federal judge just ruled moments ago that a protective order in the Election Interference Case against donald trump will only apply to sensitive materials and not all evidence. This just happened during a hearing with trumps lawyers and special counsel jack smiths office on what trump and his lawyers will be able to say about evidence gathered during the investigation. Trump himself is not at todays hearing. This comes one day after the special counsel asked the judge to begin trumps Election Interference Trial on january 2nd, less than two weeks before the Iowa Caucuses. Trumps team will come back with a proposed timetable before another hearing on the 28th of august. Former president reacted on his Social Media Site calling the january 2nd date quote, maximum Election Interference and it should happen after the election. With us now to talk more about this, nbc news Investigative Reporter tom winter and Dave Aaronburg attorney for palm beach, florida. What more can you tell us what happened today . The judge will continue to get notes from outside the courtroom, the media room and our colleague daniel barnes, theyre discussing the idea of posting some of these items of evidence or discovery online, specifically about trump doing it himself. The judge apparently said, and im going to read a quote, coming from the court, so it may not be perfectly precise, your clients defense is supposed to happen in this courtroom, not on the internet. And to the extent your client wants to make statements on the internet, they always have to yield to witness security, witness safety, the judge continued saying i can see the possibility of a lot of problems here. Trumps attorney assured the judge that President Trump will, quote, scrupulously abide by the conditions of his release and the judge reiterating hes a criminal defendant, hes going to have restrictions like every single other defendant. So it appears at this point that the focus is on one not limiting the president s counsel in the former president s from posting this Information Online from talking about this discovery, but a restriction on certain sensitive materials on what can be shared and not shared. This is an incredibly thorny issue because what is coming up in the courtroom right now, we have a situation where trump is competing against mike pence, hes far ahead in the polls, but theyre competing against each other in a republican primary, and mike pence is definitely appears from the indictment going to be a witness against him. And might want to address some things that mike pence said on the campaign trail, comments we heard last week. You can imagine this is just a really thorny issue for the judge. What is trump allowed to say, what can trump say, when does it cross the line of saying, you know, mike pence is wrong, hes a liar, et cetera, if trump were to make those statements and when does that become Witness Intimidation. Chuck todd raised it last week on the air when the arraignment was going on, what is going to happen on a debate stage . So i think there is really a lot of things for the two sides to hash out. To your point, the judge does seem to rule that it will just be sensitive materials, it will be under the protective order, but she then went back and said, all right, well, what is the orbit of people that are covered by that protective order knowing that trumps defense team is going to have to hire a number of people to work on this, paralegals, et cetera, she says that she wants a defined list of who has access to it and both for the special counsel and for trumps team they have to sign on to this so that everybody realizes the Rules Of The Road. Lets talk about a little bit of the Rules Of The Road and something that hasnt happened before in american jurisprudence. What is, for example, sensitive material . Who determines what is sensitive material . And then just this whole issue of what tom was bringing up, that so many intertwined relationships, moments, and political realities that go along with this. Jose, i think this is actually a win for the government because within the orbit of sensitive materials, judge chutkan included witness transcripts, which means that if donald trump refers to what mike pence and other witnesses said, hell be violating the order. The whole purpose of this protective order is to avoid Witness Intimidation. And the judge reminded donald trump that at his arraignment he was told that he would violate the terms of his pretrial release if he attacked witnesses. So he cannot attack mike pence for his participation in this case. He cannot refer to what any of the witnesses said. Thus, i think, this is a win for the government. So, when do you im thinking because if there is one thing we all know is pretty consistent in donald trump is that he doesnt necessarily stick to what the agreement and the rules are as far as what he can and cannot say. What is it that will determine whether something he says about, for example, his former Vice President , could be seen as crossing that line. Who decides that . Good luck. Well, yeah, thats a 64,000 question. To date me a little bit, heres the deal. Jack smith is going to go to the court if he thinks that trump has crossed the line. It will be up to judge chutkan. To impose an order like this, if you impose a partial gag order which hasnt happened yet, you have to be prepared to enforce it. That means you got to be willing at some point to do what . To put trump in an Orange Jumpsuit if necessary. Thats the last resort. If he continues to blast people on this Social Media Site, that would be Witness Intimidation, then he could end up in jail. Wow. So what is the difference of protective order and gag order . Protective order here applies to what trump can say about the evidence in the case. A gag order would be broader. You cant even talk about how bad prosecutors are, you cant say that jack smith is a deranged crack head anymore. So the gag order would be broader and that has not happened yet. I think a partial gag order would come down the line. Trump is running for president , how can we forget, and he does have the ability and the right to speak about Campaign Stuff and political stuff. At some point it does cross into Witness Intimidation and thats the line that everyone is going to be watching. And so, tom, go ahead. Prosecutors have to apply for a gag order. That, in any case in the system, is something that is very, very rare that it is even applied for let alone granted by the judge. Quick update from the courtroom, the materials obtained by the special counsels office from other Government Agencies and i can think of a couple here outside of the Justice Department and the fbi, those will be considered sensitive materials under the protective order. It is possible, this came up in a january 6th committee, that there was an odni report and intelligence reports that looked at the possibility of foreign influence or influence on voting machines. That type of thing might be classified that might come from some other government entities, other members of the intelligence community. Sounds like that type of stuff will be deemed sensitive here. There is an ongoing discussion and since it appears it is still midstream, i dont want to get into it just yet, but there is a discussion about the january 6th select committee in the materials that they were able to uncover and are those going to be treated as sensitive or not. Well continue to follow this here as we talk. And, tom, i remember, it is a lot easier to have you on the set than when you have to run in and out of a courtroom and live on the air on msnbc. Im wondering, very quickly, if i could, tom, on the prosecution pushing for the january 2nd election date, they want that the trial to begin on the 2nd of january, what can we expect trump and his team to do . I imagine they would point to what were looking at right now, this election calendar, the other legal issues the former president is contending with and saying, your honor, were in a tough situation here, we have someone running for president and what are were going to be held and not be allowed to be out on the campaign trail. He has to be in court for this, not something where for instance todays hearing he can wave his appearance. Donald trump is not in this courtroom. You cant do zoom appearances. You cant do zoom appearances. Thats not going to be allowed by the judge. It is a serious issue. It underscores this seriousness and the fact that im not somebody who likes to say, you know, unprecedented, Bombshell Revelation or anything like that. But it is unprecedented because we have somebody who is running for president , who was once president , about the idea of our elections, who now has the potential trial date in the middle of the next election. It is just it is unchartered territory. And one of the witnesses is maybe his former Vice President who is running for the president ial you know, it is as complicated as things get. Tom, dave, thank you, both, for being with us this morning. Appreciate it. Up next, were going to have two Nbc News Exclusives about President Biden. New details about the special counsels investigation into bidens handling of classified documents. Plus, a fellow democrat set to skip a major white house event as he considers challenging biden for the white house. Were back in 60 seconds. Youre watching jose diazbalart reports on msnbc. Os ure watching jose diazbalart reports on msnbc. Rsv can be a dangerous virus. [sneeze]. For those 60 and older. Its not just a cold. And if youre 60 or older. 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Nbc news learned that for the past month, attorneys for the president and the special Office Of Special Counsel robert hur have been negotiating under what terms biden would be willing to sit for an interview. According to two people familiar with the matter. The white house and a spokesperson for bidens personal attorney declined to comment. Joining us now is one of the reporters behind this exclusive, nbc News White House correspondent monica alba. Good morning. What more have you learned . Reporter this is a normal course of order for an investigation like this, jose. We expect that for months now the advisers around the president had really believed that the special counsel would be asking for an interview, which typically takes place, especially for the person at the center of the investigation, but there is a lot of specifics and logistics to be worked out. So we have learned now that the team of attorneys for the president and the special counsels team have been going back and forth for about a month or so over things like where this would take place, if it takes place in person, how that would happen, whether the scope of this would be limited in any way, what kind of questions would the biden team maybe be presented ahead of time in terms of the documents that could be covered here so that they could prepare some of the answers in a combination of anything potentially written or again in person. They still need to agree on all the terms befo