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good tuesday morning, everybody. i am lindsey reiser live at msnbc world headquarters in new york city. right now we are one hour away from the convening of the 118th congress on capitol hill. a scenario unlike anything we have seen before. one question remaining, will kevin mccarthy be the speaker of the house? right now it's not clear the california republican has the votes to secure the gavel. he seemed optimistic about the outcome this morning. >> do you have the votes yet? >> we will have a good day today. >> we do know house republicans spent the last hour huddleded in a closed...

he says are threatening the very foundations of our republic. plus, trump's lawyers and the justice department face off in federal court. we'll explain the big developments to come out of the special master hearing. and, a hot holiday weekend arrives with little to no running water for nearly 200,000 people in mississippi. the state has troops on the ground to help in the water crisis. good morning. and welcome to "way too early." i'm jonathan lemire. on this friday, september 2nd. thank you for starting your day with us. we'll begin in philadelphia, where president joe biden iss...

court's ruling was to take the issue out of the hands of the justices and return it to the states where they could forge their own policies, and that's what happened in kansas. state lawmakers can still adopt a ban on abortions as indiana did days later, but to-lifers must weigh -- pro-lifers must weigh whether republicans want to go that far especially when it comes to rape, incest and the life of the mother. now, i understand the deep beliefs of the pro-life side which vows to keep on fighting just as the pro-choice side would if it had lost, but this is the kind of democratic proc...

and deadly when it gets to hot that often. >> good to see you, my friend. enjoy the rest of your evening. at often >>welcome to a special two hour edition of eamonn. ahead, systemic failures, and egregious decision-making. we have the breaking details of a new preliminary report into the uvalde school massacre. plus, conservative supreme court justices are erasing the line that separates church and state in america. then, bernie sanders on the attack. who he is accusing of sabotaging the presidents agenda. i'm ayman mohyeldin, let's get started. breaking news tonight, the most exhaus...

on the may 24th mass shooting inside a uvalde texas elementary school, spread blame across every law enforcement agency responding to the attack, faulting local police for mistakes, and more experienced agencies for failing to take charge. a texas house investigative committee issued a preliminary report detailing what it described as a systemic failure by authorities during the shooting at rob elementary that left 21 dead. one of the stunning details in this preliminary report is the committee's conclusion that law enforcement responders failed to adhere to their own active shooter ...