we begin this slit with breaking news out of iraq. we have to take an updated death toll from last earthquake. more than 2000 people now confirmed dead. another 2000 are hurt after the quake rocked the country's atlas mountains. officials are reporting extensive damage in cities across the region, including marrakech, a popular tourist destination and unesco world heritage site. nbc's priscilla thompson is following the story for us. what is the latest? >> alicia, it is that death toll which has risen by a built 1000 people over the course of today. and we know there are rescue crews on the ground. they are working to get into some of those mountainous areas in the atlas mountains, trying to get to folks to rescue folks who may still be trapped in the rubble. we know it is situations like this, time is of the essence. and getting to those folks in time is going to be a challenge because of the amount of destruction and devastation. a lot of the buildings and structures there, we are talking about things built out of a non reinforced concrete that literally just crumbled as soon as they started shaking. they were not built for this type of forest. and so rescue workers are certainly going to have a time trying to get to the folks, and we're also hearing more about what exactly happened when all of this unfolded at around 11 pm there in morocco. as folks were sitting and restaurants, and we saw a video of people literally running out of those restaurants, running through the straits, as buildings were collapsing around them, many people spending the not in the straits, too afraid to go back inside those buildings. they awaited aftershocks and just to see how those structures were going to do, and we are hearing reports, accounts from witnesses that it looked like doomsday. one man who lost five friends, and so you can imagine with a death toll that high, how much that is impacting people personally. and president biden has said he is in touch with moroccan officials, working to ensure the safety of americans who might be there, and also prepared to send any resources as they continue this search and rescue and recovery effort. alicia? >> the stories and the officials, absolutely devastating. nbc's priscilla thompson, thank you. we will be following the story over the next two hours. let's turn now to the republican race for president. donald trump, working to consolidate support of top publicans, despite his long list of felony charges across four separate jurisdictions. today, trump isn't iowa to meet iowa state rivalry football game, this after appearing for the not and south dakota, alongside governor kristi noem. she endorsed trump for president at the rally in rapid city. quite the movement, when you consider the man they governor endorsed could be a convicted felon, maybe even in jail by election day. as for his legal woes. a federal judge has ruled against trump's from what hatchet of stuff mark meadows, denying his push to move his georgia criminal case to federal court. new revelations from the special grand jury report and georgia about republican efforts to subvert the 20 elections that. slightly gradually becoming the intimates of 21 additional people who ultimately or not charged alongside trump last month. among them, south carolina senator lindsey graham, from georgia senators david perdue and kelly loeffler. senator graham not only definitely entrance he took after the election but going farther, saying the sheer effect he was investigated is bad for the country. >> this is troubling for the country. we can't criminalize senators doing their job when they have a constitutional requirement to fulfill. we are opening up pandora's box. i think the system in this country is getting off the rails and we have to be careful not to use the legal system as a political tool. >> joining me now, msnbc legal analyst lisa rubin, msnbc political analyst fernand amandi, the host of the strange days podcast, and msnbc political contributor matthew dowd, who served as chief strategist for the both cheney cousin for presidential campaign. good to see you here. i will start with you, lisa. you just heard senator graham protecting the process. you had senator loeffler actually echoing the talking matthew dowd matthew dowd point, calling it to church system of justice. when you look at the report, what is a telling you about america's system? >> it tells me that american justice system is perhaps healthier and i think it is, right? the fact there are 21 people who did not ultimately face indictment is a sign of strength because it reflects that at least in some cases fani willis and her team paused. they thought about what those charges were and if they could sustain a jury verdict after trial. and in some cases, that must have been determined, the answer was no. granted when i look at this list of 21 people, i see on a tent fake electors and my understanding is that not of them have since fixes immunity deals. the tent is a person funded willis herself is eligible to prosecute. but there are a number of other people on this list, including senator graham, senators loeffler and perdue, i believe that fani willis and her team took a good look at prospective charges against him and made a determination that they weren't people who could be charged here. >> does that make they are without legal exposure, given the fact there are now multiple people in -- investigations into what happened? >> not necessarily. i think probably senator purdue and loeffler, whose activities at least as far as we know more limited to the state of georgia and -- probably out of the woods. senator graham may be as well. that's probably because of the -- debate clause. even if a prosecution of him could coexist with the constitutional speech -- clause which protects members of congress and their functions as members of congress, it would take so much litigation to get to a point where we could establish that he could be prosecuted that jack smith and his team have maybe the it's not worth it. >> i was up at six this morning, as i often am, reading about what happened in south dakota last night. i was so struck by the fact that you have the governor of the state essentially sponsoring a pep rally for donald trump who was organized by the state republican party, not by the trump campaign, because trump's campaign has tried to reduce as cost especially as trump's legal face mount, it has welcomed opportunities for the former president to attend a large-scale events held by other groups, rather than staging its own expensive ones. i wonder what that tells you, both about the state of the trump campaign, they're in south dakota! nobody is worried about republicans winning and south dakota. this is for him about the optics of seeing his fans and supporters come out and fully behind him. >> yeah, it's about the optics of both of these people. it's about the optics of the governor. the optics of donald trump. she's not just paying for a rally, she's pin for her on audition, is what she's doing in the midst of this. i think this, i mean, if donald trump does have money was because of a legal case against him, and the fact that he's using campaign money to pay for all his legal woes, my guess is, over the course of the next year and two months, he's going to have the money assert to run a campaign. but this does tell you, as you look at this, kristi noem was a sort of credible character for a long period of time and just like so many other republicans, she's thrown away her own personal integrity, her own personal character to sort of just completely go into this production phase. she wants to be trump's vp. she expects donald trump, and i expect donald trump to be the nominee. and it continues to devolve into this cult like state of the gop. >> yes -- fernandez, during the rally, trump stopped with his own script, painting the nation as on the cusp of collapse. not for the reasons he might be responsible for. trump again told his support was not he is, quote, being indicted for you, you've being his supporters. some of his supporters even or t-shirts with his mugshot on it. i wonder where that leaves us and by us i made american democracy as we inch closer to plentiful? >> it leaves us and one of the most vulnerable positions by think the country and their public has been under and probably 200 years. you have to get back to the civil war were the survival of the republic was at stake. i go back to what was mentioned earlier. if you think about what that grand jury did, not even fully willis, what the gradually did they didn't just choose to indict donald trump, in essence, what they're saying was they are indicting the republican party as a whole, for efforts to overturn the election. it wasn't just trump alone. alveoli the attorney there did not make the decision to move forward with some of the others, where it was lawful or graham or others, but the notion the grandeur of which there were republicans on that grand jury, that great jury was made up of several different folks, made the decision to indict in essence the party as a whole. and i think fundamentally americans, not the maga cult base, but americans are seeing this. from trump's perspective, he's also doing as matthew touched on earlier, the political necessity steps he's trying to lock down the nomination. and -- every prospective republican, your vice esidential candidate, potentially, but going to cost you your endorsement and therefore your delicate so he can stop up delegates and further lockdown the nomination. that's what's happening. >> they are all sudden around, gambling pardons as it is, even as they attempt to run against him theoretically. it strikes me that you have mark meadows trying to move to federal court, when you have republicans who generally love to talk about states rights and love to rail against federalism, actually kind of show in their hand. >> i thought it was fascinating. because as we say, this is a conservative legal movement in particular that finish arises federalism in essence. but what they have tried to do is remove these cases from the province of state prosecutors and state courts, move him into federal courts. that's the exact opposite of what they've been saying for here is. and judge stephen jones and his opinion last not coat them on it. he said, the whole purpose of federal officers removal is to prevent state interference with constitutionally protected federal activities. it is not to allow federal interference with constitutionally protected the actions. those constitutionally protected the actions here many funny willis as an elected district attorney taking steps to enforce her states laws with respect to the conduct of elections and others. >> that's not the only place, matt dowd, where you see some intellectual inconsistency. fani willis pushed back against jim jordan's investigation into her investigation. slam him over hers concerns into her use of federal funding. rising,, if you and your colleagues followed through on your threat to tonight's office a federal friends, please be aware it will be dissident to allow a serial rapist to prosecuted, hate crimes to be unrest, and to cancel programs for at risk to them. here you have a party in the past purported to be the party of law and order. you need look no further than 16 to see that was a lot of talk and not a lot of action. but her colleague jim jordan on this once again reveals the hypocrisy. >> i got to say, your description of them being intellectually and consistent is the most diplomatic term i have heard on television. it is like crazy corrupt our, that's what it is. this is where we go. i'm going to follow up on something fernand said. this is the point we have rate which is extraordinarily dangerous at this point of time. we have these legacy parties who might have disagreed with their stance on certain issues for the length of the time of our country's history it basically said, okay, we disagree but we believe in the competition. we believe in law and order. we believe in this. and will disagree about all these other policy thing. we no longer have that. we no longer have that in our country. and it's an abdication. this is what i say, donald trump as a symptom of the problem. a fundamental symptom of the problem. getting rid of don trump and the charade around him is not going to solve the root problem of this, which is a republican party gone completely corrupt. >> but fernand amandi, matt dowd, as always, thanks for getting us started. lisa it is sticking with me next. a lingering constitutional conundrum of keeping trump off the appellate. it move movement in those state lead efforts. plus two republican shock jocks like mike huckabee and sarah palin really believe we are barreling toward civil war? or other trying to make themselves relevant again? and the house hitting back with little time on the clock to keep the government running past this month. if they do not, it is working families and specifically mothers who will pay the price. but first to richard louis, with the other big stories. ? richard >> good evening, a hurricane laying out them graded from a category five hurricane to a category three. it is expected to intensify again in the coming days. u.s. east coast should feel it's affects, with dangerous surf beginning sunday. day ten of that man hunt for an interest escaped prisoner in pennsylvania and the search is ramping up. nearly 400 police officers mobilized in the area of chester county prison. danelo cavalcante cited twice friday. he was convicted of stabbing and killing his ex girlfriend. and president biden is in india for the g20 summit. a joint declaration against seizing new territories by for us. it stopped short of criticizing russia by name for its war in ukraine. more american voices for you, right after this break. after this break all learning to save and spend their money with chase. the chef's cooking up firsts with her new debit card. hungry? 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[ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into >> as donald trump's legal when you stream on the xfinity 10g network. troubles -- getting back in the white house. colorado's six voters had a lawsuit seeking to keep trump off the states ballot, arguing trump isn't eligible to run due to the 14th amendment in his role of the january 6th insurrection. surprisingly, trump went on his knockoff twitter and -- good luck with that defense in court. trump's legal team wants the lawsuit to be moved to federal court, not likely to happen. and if it can get worse and trump's legal -- a federal court wednesday found trump liable in the second e. jean carroll defaming -- in may, in new york jury found trump sexually abused carroll in the 1980s and defamed her 1922, ordering her to pay him $5 million. their second legal showdown is set for january, -- miss robin is back with us, she has been closely following this case. put this case in context for us. how big of a blow to trump was this ruling when you step back and you think about this case in the context of the cases happening for other judges addictions. what does it say to you? >> a couple of things, putting this case just in the general context where does this stand, trump has greater exposure to e. jean carroll on the case that remains for trial than he even did in the one that's already been tried. why? because this case actually concerns the first time he made statements about e. jean carroll that he did know her, she was in his time, the sexual assault never happened. as with many mistruths, the first time you say it is the most damaging. so e. jean carroll having already recovered $5 million from donald trump or at least putting him on the hook for it, that judgments on appeal. she's in a position to recover a whole lot more from him. this, time not only because was the first time he said it but because for punitive damages, the damage to her reputation over a period of time has been so willful on his behalf. >> and when you see it in the context of the other cases? >> we've seen on the context of the other cases around him, there's good and bad for him because this trial is gonna be much shorter now. it's not going to interfere with his political calendar in the same way. on the other hand, it definitely suggests that every time donald trump won is tipper quitter given a deposition, that will have reverberations on that one case. that suggests to us that in the new york attorney generals case coming up or in other cases, when donald trump is on tape and there are lots of people, alicia, as you and i know, raffensperger amongst -- them who have taped him, that's when he gets in trouble. and we know that jack smith has tips of his own. to >> murder also when we talk about the latest e. jean carroll case, but it says to you about the way trump used juries and the way that he views accountability. >> this development in the e. jean carroll case is paired with what we saw this week in the release of the special ground to a board. and in his reactions to both of them, trump is showing a general disdain for the most democratic of our processes. we bring together a number of people, whether it's 12 jurors or almost three people in the special purpose grand jury who come from all walks of life, and yet, he tells us when he stan