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tv   Way Too Early With Jonathan Lemire  MSNBC  December 10, 2021 2:00am-3:00am PST

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all right. that is going to do it for us tonight. again, a reminder that at 11:00 p.m. tonight brian williams will be doing his final broadcast of "the 11th hour." it's mandatory viewing for all of us. i'll see you tomorrow night. "way too early" is up next. president trump loses a ruling regarding documents and the january 6th capitol attack. plus, new information on the omicron variant of covid-19. as cases increase, the question is how severe do the symptoms appear to be? and actor jussie smollett found guilty of staging a hate crime and lying police. as the trial heads toward the sentencing phase, the question, will the actor keep fighting? it's "way too early" for this. ♪♪
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good morning and welcome to "way too early," the show that is happy to report it's friday. friday, december 10th. i'm jonathan lemire. let's start with the news. a federal appeals court has unanimously denied former president donald trump's request to block the release of documents by the national archives to the january 6th select committee. the ruling upheld a lower court's opinion which said in an executive privilege dispute between a current and past president, the sitting president must prevail. the court gave the former president 14 days to file an appeal with the supreme court, during which the injunction to halt the transfer of documents will remain in place. in a 68-page opinion, the panel concluded that, quote, former president trump has provided no basis for this court to override president biden's judgment and the agreement and accommodations worked out between the political
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branches over these documents. it goes on to say both branches agree there's a unique need for these legislative documents and they're directly relevant to the committee's inquiry on the attack on the legislative branch and the role of the peaceful transfer of power. quote, there is a direct linkage between the former president and the events of the day. on january 6th, president trump directed his followers to go to the capitol and fight for their country with the aim of preventing congress's certification of the electoral vote. all three judges on the panel were appointed by democratic presidents. new documents revealed options president trump considered for overturning the 2020 election. former chief of staff mark meadows handed it over to the committee and they are indeed investigating the january 6th atachlkt hugo lowell listed
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recommendations. declare electronic voting in all states invalid. meanwhile my colleagues at politico report that mark meadows is working with allies concerning the trump administration records that were not copied or forwarded into hit official account. according to the official records act, anybody must copy or forward the message to an official messaging account. we had a whole campaign about that. the senate passed a bipartisan bill for raising the debt ceiling. ten republicans joined with democrats in a vote that will allow the democrats to raise the debt ceiling without republican support. treasury secretary janet yellen reports action needs to be taken by next wednesday to avoid the
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first-ever default in u.s. history. it will pass to president biden's desk. once he signs it, they'll vote on separate legislation specifically designed to increase the country's borrowing limit and avoid ska as the trophy. it was a busy day yesterday for president biden who had his hands full with a packed agenda stretching from capitol hill to the covid response and challenges on the global stage. joining us now from london to talk about it, nbc international correspondent keir simmons. keir, good morning. thanks so much. any reaction from ukraine or european allies regarding ('s highly anticipated call with president zelensky yesterday, which, of course, happened days after his virtual summit with russia's vladimir putin? >> reporter: well, that's right, jonathan. and i think the european allies in western european nations are watching the actions of russia most closely.
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of course, that call with president zelensky was aimed at reaffirming again as you say, president biden/washington's determination to stand by ukraine. so far, though, it's important to note that we haven't seen any sign of russia pulling back its troops from the border. in fact, what we've really seen is president putin doubling down that you often see from the russian leader. yesterday he described the treatment of russian-speaking ukrainians in that part of ukraine where there has been fighting over many years, he described that as genocide. now, of course, i mean that is a piece of serious revisionism when you consider it's the russians who annexed crimea and sent the so-called little green men in dumbas and other parts of
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ukraine. when you talk about the ukrainian forces -- you've seen the pictures. when russians talk about ukrainian forces close to russian forces, close to the front line, what they're talking about is not the front line of the border between ukraine and russia, but they're the front line of the border between russian-supporting rebels and the ukraine. if you like moving the front line, making it part of the given that parts of ukraine are semi-parts of russia, look, in the end, there is a lot of talk, a lot of diplomacy. what's going to matter is what's on the ground and the tensions remain high, jonathan. pew din doesn't want nato involved with ukraine. this is going to be something that's not going to go away overnight to be sure, and i know there are concerns that russia would have enough troops by spring if they wanted to invade. the other thing russia did yesterday, he launched what he
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called a democracy sign. it's a virtual summit with over 100 world leaders. keir, give us some of the key takeaways from the first meeting that will also extend into today. >> well, look. i think it's a democracy summit, which president biden promised during his election campaign, is an attempt to rally allies, and it's having an effect. for example, he's having opposition leaders, if you like, from hong kong. clearly china is partly very much the target, if you like, and russia, too, saying, okay, we're the democracies, you're the autocracies. the issue here really is that i think, again, it's actions rather than words that matter the most. here's the most fascinating thing, jonathan. it doesn't come from the summit. it comes from beijing. just before the summit -- and we heard from president xi, the leader of china -- just before the such mitt t chinese released
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their own paper. the paper is called "china, the democracy that works." if you get a chance to google it, it really is fascinating. the chinese paper says democracy is a common value of humanity and an idea always idealized by the chinese communist party. really incredible the way china effectively in this narrative, in this pape e and in recent speeches by the president is trying to say that china is a democracy, too, that we've lifted people out of poverty, that's a democratic thing to do. the summit is part of that, but, again, allies here in europe, for example, will be looking and asking the question, well, okay, but what are you doing? just to give you an example, we've seen the challenges of this. president biden announced the political boycott of the olympics, uk, canada, australia
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follow suit. france hasn't. france has explicitly not followed suit. again, words are good. actions are more important. >> the through lines, russia and china, autocracy and using propaganda to support its own agenda. nbc's keir simmons, thank you so much. according to the chief of the centers for disease control, u.s. omicron infections are proving to be mostly mild so far. more than 40 people in the country have tested positive for the variant, and more than three-quarters of them have been vaccinated. in an interview with the associated preece, cdc director rochelle wolensky says so far the main issues are kof congestion, and fatigue. she said, quote, what we generally know is the more
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mutations the variant has, the higher the level you need your immunity to be. the cdc is backing the use of the pfizer covid vaccine booster shots for 16- and 17-year-olds. walensky signed off on that too. the decision will allow more americans to get the extra layer of protection amid growing concerns about the omicron variant spread. booster shots from all three approved vaccines, pfizer, moderna, and johnson & johnson, are already available now for all adults. >> still ahead, our friend willie geist is up "way too early," setting his alarm. he joins us with a look ahead to his conversation with hillary clinton. we play the interview with chris christie blaming donald trump for giving him co-vanld blasting mark meadows for keeping the first covid test a secret. those stories and a check on the weather when we come right back. .
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now to the tragedy in southern mexico. officials say at least 53 people were killed and dozens injured when a cargo truck karen carrying what appeared to be migrants rolled over and crashed into a bridge. experts say the speed and weight of what was inside the truck caused it to tip over. it makes it one of the deadliest crashes in more than a decade. a california gunshot is the latest in the smash-and-grab situation. officers responded to a burglary at a garden grove shop. the burglars smashed the glass front door and breec into a safe inside the shop, speeding away in two bmws before police
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arrived. officials say there's no indication this is related to other smash-and-grabs in nearby counties. former governor chris christie is speaking out saying there's no doubt donald trump gave him covid last year. this proves out mark meadows explanation in his new book where he said trump got covid and didn't tell anyone. chris christie said this in a new interview with pbs. >> i can't believe mark meadows didn't tell me. >> you didn't think trump should have told you? >> that's obvious. >> and mark knew too. >> marng should have said to all of us, hey, the president tested positive for covid, we're having another test, and the next test came back negative from what he
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reported. he had an obligation to tell us, tell us, hey, he tested positive. i would have worn a mask if we knew that. we knew everyone in the room except the president was getting tested every day. we didn't know what the president's testing renl men was. so if mark meadows knew that somebody i was sitting across from for four days had popped the positive test, he as the white house chief of staff -- put aside the president for a second. obviously the president is my friend -- should have looked at me and told me that. that's obvious what is less obvious is mark meadows saved this for his book. he saved it for a book. >> yeah. >> he didn't -- i went into the hospital in the intense irv care unit. he didn't call and tell me. so i think that's inexcusable. >> you had always suspected that you got it from the president, is that right? >> the only reason i suspected it was because he was the only person i didn't know his testing
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regimen that i was in close contact with. >> did this corn firm that you did, in fact, get it from the president? >> it's undeniable. i was as close to him as you and i are right now. i was playing joe biden. i was sitting right across from him. and we had some very spirited disagreements. >> which you write about in the book. >> during the debate prep. saliva was flying back and forth. >> covid particles. >> as it turns out, i didn't know that. i didn't have any covid particles. the reason i know, i was tested every day before i went in. >> christie who just published his own book said trump called him while he was hospitalized last year to assure him he wouldn't blame him. still ahead, new details on the investigation into potential fraud at the trump organization, and some sad news from the nfl
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after de-mairous thomas, just 33 years old, was found dead inside his georgia home. what police are saying about the super bowl champion's death. sup. ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. the living room slash yoga shanti slash regional office slash... and this is the basement slash panic room. maybe what your family needs is a vacation home slash vacation home. find yours on the vrbo app. (burke) with farmers auto multi-policy discount, the more policies you have with us, the more you could save on your auto insurance.
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pittsburgh had a chance to tie things up on the final play. but quarterback roethlisberger's pass is batted out of the end zone. vikings win, 36-28. now we also have sad news to report out of the nfl this morning. demaryius thomas was found dead in his georgia home, authorities said last night. his death stemmed from a medical issue. the broncos issued a statement early this morning saying the organization is devastated and completely heartbroken by the sudden tragic passing. while the league extended condolences to his loved ones. he helped denver to a super bowl l victory in june. you might have remembered him in the playoff win against the steelers some years ago. turning now to the college
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gridiron and an early indicator about who might be this year's heisman trophy winner. that's alabama quarterback bryce young with a slew of awards last night, earning the maxwell award as well as the davey o'brien best quarterback award. he was named a.p. college player of the year. quarterbacks tend to win it. the other finalists include pittsburgh and ohio quarterbacks, pickett and stroud as well as hutchinson. marc-andre flurry returned 27 pucks last night to help chicago blank the canadians last night. marc-andre fleury is just the third goalie in history to reach the milestone. congrats to him. he's a future hall of famer. finally, a stunning finish on the college court at college
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hoops in piscataway, new jersey. >> everybody in the building on their feet.stevanovich. goes to work. the answer, three seconds, no time out, harper for the win! the champs at the buzzer! >> are you kidding me. in the final 13 seconds, that buzzer beater sends a flood of fans onto the court to celebrate rutger, its 78th victory over number one purdue. i yelled when i saw it. congrats to the scarlet knights. time now to the weather and our own buzzer beater, bill karins. what's it look like out there? >> it doesn't look as exciting
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as that. what's better than a buzzer beat never college. i don't know. is baseball better with a walk-off homer? i don't think so. >> they're both good choices, but i will say seeing the fans rush the court like that, i got a little covid concern. go ahead, bill. >> i know. that, too, right? it will never be the same. let's get into this forecast. a very tirch forecast. we've got a snowstorm to talk about and severe weather, maybe tornadoes. winter storm warnings in rockies in colorado. minneapolis will get inon the activity. denver's not really going to see much snow out of this. there the snow drought continues. as far as severe weather goes, heads-up to my friends in northern mississippi, louisville, cincinnati.
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keep that in mind tornadoes are possible. we could hit 70 in washington, d.c., on saturday, and sunday's a little quieter. it's almost like a springlike weather pattern in december. >> we're two weeks from christmas, and we're talking 70s, though, raining in washington, d.c. thank you so much. have a great weekend, buddy. still ahead, lawyers for jussie smollett said they will appeal the decision on a hate crime. the question is on what grounds. danny cevallos joins us to talk about that. before we go to break, why are you awake? email your answers to waytooearly@msnbc.com or tweet me @jonlemire. we'll read some of our favorite answers later in the show. ite answers telar in the show. there's a different way to treat hiv. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections,
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welcome back to "way too early." it's precisely 5:30 on the east coast, 2:30 out west. i'm jonathan lemire. new york attorney general letitia james seeks to propose former president donald trump early next year as part of her investigation into potential fraud at the trump organization. a source familiar with the matter told nbc news. james has requested trump answer questions under oath on january 7th at her new york office as part of a civil tax fraud investigation into whether his company gave fraudulent valuations of properties to different entities. sources told that to "the washington post." the trump organization released a statement calling the move, quote, another political witch
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hunt, adding the only focus of the new york a.g. is to investigation trump all for her own political ambitions. that's what attorney free shety said. we should note attorney general james announced yesterday she's abandoned her campaign to be governor of new york state and will run another term as a.g. joinings us now, our friend, danny cevallos. thanks so much for being with us. donald trump is a private citizen. does he have any chance of getting out of this deposition? >> not likely. as you said, he's a private sit designation. you're not going to get executive privilege claims. this is essentially something that predated his white house run, deals with his private affairs, and there's little chance he can get out of being deposed.
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however, what we've seen historically from trump when he is deposed, he finds a way to get out of a deposition by giving essentially non-answers. >> give us a little more of the contours of the investigation. what could the outcome be for the trumping or and trump himself. >> first strategically, the fact that we're at an investigation means we're at the end. you don't conduct a deposition of such a high-ranking official in the organization until you've gotten all of the information. the deposition is not a thing you wander into as part of a curiosity. you have your documents lined up and everyone ready to catch a person in a lie. it's likely the investigation is at the end or near the end and this deposition is sort of the final bell in the investigation. now, secondly, in terms of what kind of investigation this is, it's actually a pretty classic
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situation of inflating your value for lenders and deflating your value when it comes to pay the tax man, and if true, most of that evidence really won't come from trump's deposition. it's already in the documents. >> right. >> it's already in the papers. people lie. things and documents generally can't lie. so this is a situation where the attorney general -- and by the way, the manhattan d.a. watching very closely, will see whether or not trump trips up and ends up catching himself in a lie. i have to stress hrk e's been deposed many times before, and he gives those same noncommittal, nonanswers. look for him to blame everybody in the organization. that was the accountants. that wasn't me. i don't know anything about it at all. >> dan, that doesn't sound like him at all. stay put. i want to ask you about actor jussie smollett who's been found guilty of five counts. he alleges he was part of a hate
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crime. he claims two men who wore maga hats attacked him. it took a radical turn two weeks later when officers took in two brothers at the airport. they say smollett recruited them to stage the attack. the actor faces up to three years behind bars, but experts say it's unlikely he will serve time because he had a clean criminal record before his conviction. his attorney says he'll appeal. >> we're obviously very disappointed. we obviously respectfully disagree with the jury's verdict. the verdict is inconsistent. you cannot say jussie lying. he's not lying for the exact same incidents. we feel 100% confident that this case will be won on appeal. >> so danny, any surprise here at all with what the verdict was, and do we think that the
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actor has valid grounds for appeal? was it a mistake for him to take the stand? >> no surprise at the verdict. there was plenty of video and i guess you could say coconspirator-type evidence in the form of the brothers who testified for hours. no surprise on the verdict. was it a miscalculation? the answer to that is normally the risk-averse approach is do not put your client on the stand, but sometimes you're in a situation where what are you going to do? what else have you got? because the evidence is so strong, and i suspect we may never know that this was a situation where you had a client who thinks he knows what to do better than his attorneys, and the irony of that, any time you have a client who thinks he knows the case better than the attorney, the client making his own decisions is the reason we're in court to begin with, and somehow they missed that irony, and they think they can get up there and explain that situation to the jury. i think that was evidence to me in the sparring that he did with the prosecutor. you never spar with the prosecutor. the rules are slanted against
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the witness. the prosecutor will always win. and yet despite all that and despite the fact you're assured by your attorneys, smollett went up there and did it anyway. we'll never know for sure. this is a case where i think the client knew better than his own employees. >> and an actor who thought he could sell everyone. >> he's a these peian, of course. >> thanks, buddy. still ahead, a look at cnbc and what's driving the day on wall street. "way too early" will be right back. t. "way too early" will be right back
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unchanged, losing about .06 of a point. we're supposed to get news on inflation. how did the global markets react? >> that's right. we saw the beginning part of the week start to fizzle out. now the u.s. futures are starting to fizzle out as well, all eyes on the inflation report due out this afternoon. economists are predicting inflation may have risen 7% year on year in november. that would be the highest rate of inflation in nearly 40 years. so a huge number expected. in terms of the market moves and the lead-up today. the s&p 500 is on pace for its best week since february, so investors are going to be looking at this inflation print with that backdrop. jonathan. >> the white house dispatched one of its economic advisers brian deist yesterday where he was prespinning that inflation numbers may not be great.
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on another subject, cvs is your pharmacy and could become your doctor. they're expanding into primary care. how is this going to work? is the drugstore going to become something like a health hub location? >> that's sort of the plan, jonathan. cvs came out yesterday with an investor day, a plan to move the company forward. they basically said they're going to be deepening the push to managing the whole customer health experience. they plan to add a few hundred primary care centers to their drugstores at hub locations, which they started a few years ago. it will be doctor-led. and they'll have dieticians and health directors on board. cvs said last month they plan to wind down and close around 900 stores over the next three years, so major transformation under way at cvs.
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>> do we expect trends to consider? what are employers saying? are they eyeing spring 2022? >> different employers are taking different approaches. in terms of lyft, they join the likes of google and uber. lyft saying they won't return to office until 2023. interestingly when they made a statement to their employees about this change, they didn't cite the new omicron variant as the reason why. instead they talked about the employee's desire for flexibility. something that companies are thinking about that may drive more employees to want to return to the office, their children getting vaccinated. so that could be a shift there when children begin getting inoculated in big numbers. >> julianna, it feels like we have a trend. just now the doors have opened
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to have julian assuage extradited to the u.s. thank you so much. still ahead, congresswoman liz cheney signals momentum regarding the attack on january 6th. 57 years ago, martin luther king jr. received his nobel peace prize. >> on behalf of the committee, i hand over to you the insignia of the nobel peace prize, the paperwork and the gold medal. thank you very much. thank you very much.
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vice chair of the republican committee of wyoming liz cheney tweeted about the insurrection on a day several prominent witnesses appeared before the body. she writes this. the committee has already met with nearly 300 witnesses. we hear from four more key figures in the investigation -- yesterday -- and we're conducting multiple dep sigs and interviews every week. we're receiving exceptional documents and a number of witnesses including mark meadows. he's turned over many memos from his private cell phone from january 6th. the federal elect court has expedited the appeal and we expect a ruling regarding many more trump/white house documents soon. she says, he's trying to delay and obstruct. we will not let that happen. the truth will come out. joining us now, chief correspondent for "pbs
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newshour," omna navaz. how quickly is your sense we could see the supreme court make a ruling? the decision yesterday gave trump two weeks to file this, but the supreme court's time line seems to be unknown. >> that's right, jonathan. always good to be with you, by the way. i'm always happy to wake up early for you. the time line is a little bit in flux, but it expires in two weeks. the supreme court could take this up on an emergency basis. we expect trump world to fight this every single legal step of the way. liz cheney is make clear what's exactly going on with the committee, which is to say we often hear about the high-profile cases in which
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folks from mr. trump's world are pushing back and refusing to cooperate. steve bannon and mark meadows join that list saying that will no longer cooperate. they've not been announcing publicly many of the folks they're deposing. marc short, we learned this week, former staff to vice president mike pence, has been cooperating with the committee. there's lots of movement happening in the background. so i think congresswoman cheney getting out ahead of that last night saying we're still checking into that and make-checking mark meadows, it's a big messaging and perception battle at a time the public is starting to lose interest the further away we move from january 6th. >> meadows has had quite a week, and certainly those in trump world i've spoken with says it's directly linked to the anger at the president and the revelation about the covid test.
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but let's talk about meadows a little further. steven bannon is the other big bold-faced name. he's asserted executive privilege. he was not serving in the white house at the time. have a better chance of pulling it off? where do you think that goes for the chief of staff in the next week or so? >> he was cooperating. he already handed over thousands of documents and e-mails and text exchanges. sitting down for an interview is ahead for him, the representatives have said once they had information indicated the scope of the information they were looking for, they found the committee was not respecting the executives. i would like to executive
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privilege moving forward. this argument is the one everyone close to president trump and wishes to remain in his good graces continues to make that executive privilege will protect them. the document over the national archives is holding that mr. trump is suing to keep them from releasing. we believe these documents have a unique legislative record and they are related to the committee's work which is being done to figure out why they try to overturn the results of a legitimate election. judge's language is talking about the importance of those documents not just the committee's work but protecting the democracy and getting to the bottom of what happened that day. >> that's a treasure-trove of documents, e-mails and phone records and contemporaneous notes taken on january 6th.
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>> have a great weekend, we'll talk to you soon. we asked all of you this question earlier in the show, why are you awake? one viewer is up tossing and turning because my fantasy team is worse than my new york jets. that's an accomplishment. dan, what do you got? >> that's a snapshot from susan who sends us this picture during her morning walk. >> that's beautiful. thank you for sharing. >> ramon tweets this, i am awake to see your show after recovering a week in boston with my only brother. bruins hockey and north end walk. >> i have been home too long. i would not mind some pa stas
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from the north end. who wants to see brian williams on a career nbc news and thank him. we'll miss you. a look at willie geist's sunday sit down with hillary clinton. coming up on "morning joe," what it means for the investigation into the capitol attack and what we are learning from the documents provided by mark meadows. a look at a new project from brian grazer that you will see here on msnbc. "morning joe" is a few short minutes away. " is a few short minutes away new vicks convenience pack. dayquil severe for you... and daily vicks super c for me. vicks super c is a daily supplement with vitamin c and b vitamins to help energize and replenish. dayquil severe is a max strength daytime, coughing,
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tide pods ultra oxi one ups the cleaning power of liquid. can it one up whatever they're doing? for sure. seriously? one up the power of liquid, one up the toughest stains. any further questions? uh uh! one up the power of liquid with tide pods ultra oxi. welcome back, we are seeing hillary clinton on a brand new life. it all comes from "sunday today"
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with willie geist is joining us now. willie, we are all excited to see this on sunday. tell us what you learn from the former secretary. >> good to see you, good to be back on "way too early." >> hillary clinton has this new master class online, education platform where she talks about resilience, we talked about, a lot of people have seen the clip where she delivered her victory speech, she gave an emotional reading of that. what she sees as coming next as we move along january 6th investigation and look ahead of donald trump's future in 2024. >> if he's not held accountable he gets to do it again and try to squeak through the electoral
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college because he's going to have hand pick people running elections in critical states. that could be the end of our democracy, not to be too poignant about it but i want people to understand this is a make or break point. if he were once again to be elected president and especially he had a congress that would do his fitting. >> john, she said that at the top of that clip i believe he's going to run again. she talks about what she believes may follow from that. she's talking about the january 6, hillary clinton has personal feelings of her 2016 election but also her concerns for the country. >> did she get in how she envisions her role going forward
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and what she may do public life heading into that contentious election? >> i think working from the outside. we sit and talked to her, this is not a political statement. you are struck by how read-in she is on every topic she talked about, anything that came up, the elections in virginia and the governor's election there and voter suppression and laws going on the books and who donald trump is backing in certain states. she's still on top of some of it. she's not running for anything but she's right there but she will continue to put pressure on a lot of our views on instagram and social media. we are not going to have facebook for kids, she's going to fight where she thinks there needs to be fighting and
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whatever issues. >> give us a little bit more about what she says about voting rights. for so many democrats this is the central purpose, animating moment they feel this is an offense for the party chance to win, what did she think this president or party need to do? >> she said our democracy could end if her party loses the midterm election, if joe biden loses and donald trump becomes president as republican of congress. that's what she was talking about at the end of democracy. she believes it's a real issue and he points to the point that we talk about on "morning joe" that what's happening in some way new election officials are being put in and donald trump is backing people who'll get on board with his lies of the 2020 elections. he has concerns of donald trump that she pointed to a lot of things

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