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Marriage. how that will play out in the senate, why do they even need to do it. the 11th hour gets underway on this tuesday night. >> good evening, once again, i am stephanie ruhle, live at msnbc headquarters here in new york city. the january 6th committee gathers more evidence ahead of thursday's primetime hearing. the secret service is coming under some major scrutiny tonight over missing text messages from january 5th and sixth. on friday, the committee issued a subpoena for those messages after inspector general notified them that they had been deleted. today, nbc news learned the agency,...

Be demanded he be driven to the capitol. those text messages could also give insight into mike pence's interactions with his security detail and the vice president's refusal to get into his armored limousine and evacuate the capitol. butmo the secret service determined it has no new text messages to turn other to the committee, believe it or not and anything it has not already turned over has in all likelihood been erased following what it described as a routine, pre-scheduled technology upgrade. they were still attempting a forensic search this morning but they were probably not recoverable. ...

As reported, they talked to apple and they find out this stuff is really gone, that in and of itself is pretty incriminating. that means it wasn't just a run of the mill bureaucratic administrative technical bungling. this was done with purpose, with -- probably with mal intent. i would say that if indeed it is really gone, that's actually much more alarming than if it just has been sort of erased through a general technology upgrade or migration. >> and, evan, one question this raised for me, if you give the secret service the benefit of the doubt, and they do come up with the credible explan...

Don't think that explanation is owed to text messages were erased, it seems like they were. but they have an explanation why. is this normal? does that make sense to? you >> know. it doesn't. first of all, this is a big embarrassment for the secret service. one, they were caught off guard that this letter was being sent. and the fact that they didn't have the ability to quickly respond to it. but i have a lot of questions for both dhs the inspector general and the secret service. first, the inspector general stated that many text messages were erased as part of this technology upgrade. and wha...

Come out very strongly and articulate exactly what happened, why those text messages were missing and again, it also leads to a second order of consequence which is, were they in violation of the federal records act? if you are going through a technology upgrade, you need to have safeguards that have information that is critical in terms of preserving data and information. is it here too and that is the law. >> andrew, again, i guess i should point out again, we don't have all the response from the secret service, so with that caveat, does this make sense to you? >> no. it doesn't make sentine...