., but the decision on whether to proceed with prosecution ultimately lies with merrick garland. it's not clear which way he will go. it's also not clear if these toefr efforts to hold bannon in content are having the intent. his lawyer said at this point his client is not willing to comply. >> congress adam kinzinger, thanks as usual for joining us. why is bannon's testimony so important to your select committee you're willing to go all the way to justice department, potentially, with a criminal referral. >> all you have to do is look at the history of steve bannon with donald trump. you see his comments the day before, and there's a lot of other information out there, but i think the key is this. you know, you can't resist a subpoena from congress. congress has the same authority, in essence, as a court. you can't recyst a subpoena from court. while we hope and expect the justice department will take up the contempt, when we need it. some will not resist subpoenas to this level. it's very costly to do that, as it should be, because consequence -- this isn't the january 6th comm

. >>> another legal issue, merrick garland is the attorney general. he's going to have a big decision to make. it may be a slam dunk for the democrats in congress to say that bannon should be prosecuted for contempt but what will the attorney general do? is it a different decision for him than it is for the politicians on the january 6th committee? and did president biden make things tougher for garland? how? we'll explain. and then we'll take up the question with a former attorney general under a republican president. what would he do? next. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. tonight, i'll be eating a buffalo chicken panini. fire! nas... spare a pound? what? you know, bones, shillings, lolly? lolly? i don't have any money. you don't look broke... ♪ i'm a reporter for the new york times. if you just hold it like this. yeah. ♪ i love finding out things that other peopl

. >>> another legal issue, merrick garland is the attorney general. he's going to have a big decision to make. it may be a slam dunk for the democrats in congress to say that bannon should be prosecuted for contempt but what will the attorney general do? is it a different decision for him than it is for the politicians on the january 6th committee? and did president biden make things tougher for garland? how? we'll explain. and then we'll take up the question with a former attorney general under a republican president. what would he do? inside the exposed dentin to help repair sensitive teeth. my patients are able to have that quality of life back. i recommend sensodyne repair and protect with deep repair. trelegy for copd. ♪ birds flyin' high you know how i feel ♪ ♪ breeze drifting on by you know how i feel ♪ [man: coughing] ♪ it's a new dawn, it's a new day... ♪ no matter how you got copd it's time to make a stand. ♪ ...and i'm feelin' good ♪ start a new day with trelegy. no once-daily copd medicine has the power to treat copd in as

. >>> attorney general merrick garland testifies before the house judiciary committee today. they are wrestling with several contentious issues including enforcement of the january 6 committee's subpoenas, voting rights, and texas new abortion law. >>> seating a jury city proving to be a trial against three white men who killed black jogger ahmaud arbery in georgia. he was shot after the men chased him down in their pickup truck. the judge asked 19 potential jurors if they wanted to serve on the case. none raised their hands. >>> the nfl agreed to stop using race as a factor in dementia testing. it excluded black players in concussion claims. retired black players can now be reevaluated for concussion awards. >>> smoke from wildfires may prove more harmful to people in the eastern u.s. than the west. a study shows about 75% of visits to the e.r. for asthma cases and deaths in recent years occurred east of the rockies. >>> today the team from nyu langone health will discuss a historic transplant. for the first time ever, a pig kidney has been transplanted into a human and not

garland will appoint a special counsel to look at this. because the evidence is so clear for a massive watergate style attempt to destroy the process of electing a president. >> a massive watergate style attempt to destroy the process of electing a president. how deep does it go? because one of the things liz cheney suggested yesterday was that the president's assertion of executive privilege in and of itself was some kind of an indication that he had either knowledge of or was involved in the planning of the insurrection itself. >> well, when you string it all out, and you just look at his tweets, i mean, he says, you know, in his tweet on december 30th, january 6th, see you in d.c. he is actually talking about january 6th. and then he tweets in a -- there is no ambiguity in this, he says in a tweet, just hours before. i mean, this is 1:00 a.m. on january 6th, the day of the insurrection, if vice president mike pence comes through for us, we will win the presidency. many states want to direct -- believe they want to decertify the mistake

attorney general merrick garland at the center of a legal and political firestorm. we'll have live team coverage next. [coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ [suitcase closing] [gusts of wind] [ding] the sleep number 360 smart bed is on sale now. it helps keep you effortlessly comfortable by sensing your movements and automatically responding to both of you. and, it's temperature balancing to help you stay comfortable all night. it even tracks your circadian rhythm, so you know when you're at your best. in other words, it's the most energy-building, wellness-boosting, parent-powering, proven quality night's sleep we've ever made. and now, save up to $1,000 on select sleep number 360 smart beds and adjustable bases. only for a limited time. to learn more, go to sleepnumber.com. some things are good to know. like where to find the cheapest gas in town, and which supermarket gives you the most bang for your buck. something else that's good to know? if you have medicare and medicaid, you may be able to get more healthcare be

. >>> right now attorney general merrick garland is about to answer questions from the house judiciary committee for the first time. it is expected to be a contentious hearing as lawmakers will likely press him on the enforcement of subpoenas from the january 6 committee as well as the capital riot, voting rights, migrants at the southern border and the ongoing abortion ban in texas. >> cnn justice correspondent jessica schneider is joining us live from washington. as jim pointed out, expected to get contentious. i think we're all waiting for a little bit of that. we also have a sense of what merrick garland is going to say going into this. >> the interesting thing about this, this is a standard oversight hearing. this is a chance for committee members on the judiciary committee to question the attorney general about what's happening at the department of justice. you can bet that the attorney general will do everything he can to steer it to a conversation about what the department of justice has done in his seven months at the top and what it will continue to do. in his opening stateme

garland. he is testifying right now on capitol hill before the house judiciary committee. he just weighed in on the bannon decision. let's get over to cnn's jessica schneider who's following this for us. jessica, what is the attorney general saying? >> well, this has been a wide-ranging hearing, kate. the attorney general has very much tried to stay on message to talk about the moves that the justice department has made during his seven months at the top. in particular, he referenced the fact that they have doubled the staff of their voting rights section in the past year to be prepared to evaluate this influx of voting rights laws that have been enacted by mostly republican states. at the same time, the attorney general here, he is sticking to this message that he always focuses on. he repeatedly has said the justice department is not political and that its sole goal is to uphold and protect the rule of law. but of course today is that house vote on the steve bannon contempt referral. when th

garland is trying to restore which is one that makes prosecutorial decisions based upon the facts, not based on political influence or any other factors, and so they -- the prosecutors will look at the record in this case and the january 6th committee has produced a lengthy report, an over 25-page report that lays out the justification for their referral. >> we had a chance to catch up with a number of republican congress members who voted to impeach trump and even those members of congress are right now on the fence it seems on how they are going to vote regarding this subpoena for steve bannon, congressman depth. so i'm wondering is this really about the mid terms, is that why they are, you know, hemming and hawing about this? >> well, we'll see how they involvement i have the highest respect for those ten members. i'm very close with many of them. look, they will get -- they should -- if they asked my opinion i would tell them to vote for contempt because this -- trump is still going to attack them. you know, you might as well -- if you think you're going to go down, go down swingin

garland. garland was on capitol hill today promising lawmakers that he would make that decision based solely on the law. cnn's ryan nobles is on capitol hill, so ryan, explain what we will see this afternoon. >> reporter: well, what we're going to see, victor and alisyn, is a pretty standard legislative process here. this particular resolution offering up a criminal contempt referral of steve bannon has already made it through two different house committees and today it will come to the floor of the house of representatives. they will have about 20 minutes of debate around this -- i'm sorry, an hour's worth of debate around this particular issue, and then the members will vote, and we expect that vote to really fall along partisan lines. all the deputies expected to vote for it and maybe just a couple of republicans voting for it while the vast majority of republicans will vote against it. from there, the criminal contempt referral will then head to the u.s. attorney's office here in washingto

coincidentally, attorney general merrick garland was on the hill today for a routine oversight hearing and he was asked about how the justice department will handle this referral. he just would not tip his hand. he said what the justice department has said overall which is, look. we'll make a decision based on the facts and the law. it is expected this referral will go to the u.s. attorney in the district of columbia. it is expected it would go before a grand jury. but ultimately the decision on whether to prosecute in this manner and how to proceed lies with the boss, the attorney general, and at this point it is not clear how he will proceed but we know he is under a lot of political pressure. almost every day we hear lawmakers saying that they really need him to prosecute this. again, because they need the deterrent effect on other witnesses and even president biden came out late last week and says he, too, believes bannon should be prosecuted. the justice department is pushing back on that and insists it is independent and will make this decision independently. >> we're getting the

when asked this morning by lawmakers attorney general merrick garland said the doj will, quote, do what it always does, apply the facts and the law and make a decision, unquote. right to cnn's ryan noebels he is live on capitol hill for us. we know that liz cheney and adam kinzinger the two members of congress who are republican who are on this committee, we know how they voted. will any other republicans, have any other republicans voted to refer this criminal contempt of congress charge? >> reporter: yes, jake. in fact, they have. even though the vote as you point out has really been largely along partisan lines there are now eight republicans that have voted to refer the criminal contempt of congress charge to steve bannon to the department of justice. you mentioned congresswoman liz cheney and adam kinzinger. also representatives meyer, gonzalez, simpson, upton, catco, and mace all voting in the affirmative. those eight votes along with the democratic majority assuring that this criminal contempt referral will pass. >> thank you very much. >> steve bannon, a long-time adviser of for

garland giving the decision as to whether he will try to prosecute banon. the house vote fell largely along party lines though nine house republicans voted with all 220 democrats to pass the resolution. tell us more about these nine republicans, not an easy vote, not easy to go against your party. >> not easy at all. as you noted the vote was largely along party lines but in addition committee members, representatives liz cheney and adam kinzinger, seven other republicans also voted to find bannon in contempt including representatives anthony gonzalez of ohio, peter meyer of michigan, fred upton also of michigan, john katko, nancy mace, brian fitzpatrick, jamie herrera butler of washington and the brother of former vice president mike pence did not vote. she said for her this is about being consistent, enforcing subpoena power and even signaled they might use it to investigate issues currently facing the biden administration. now, this bill gives speaker pelosi the authorization to ask the justice department to prosecute bannon. we are told she will sign it

will merrick garland prosecute bannon? >>> and president joe biden about to face voters in cnn's town hall. anderson cooper is getting ready for that up to hall right now and will join me next. let's go outfront. >>> good evening, i'm erin burnett. we are less than o

will merrick garland prosecute bannon? >>> and president joe biden about to face voters in cnn's town hall. anderson cooper is getting ready for that up to hall right now and will join me next. let's go outfront. >>> good evening, i'm erin burnett. we are less than one hour away from cnn's town hall with president biden. anderson cooper will join me in just a moment for a preview. you can see that live location there in baltimore, maryland. first, we have breaking news. the fbi just confirming the human remains found in that florida nature reserve are indeed those of 23-year-old brian laundrie. the news coming exactly one month after we learned that laundrie's fiancee, gabby petito, was murdered in wyoming by strangulation. tonight we're also learning about a crucial piece of evidence that could shed light on how petito died. a note booker discovered near laundrie's remains we're learning tonight is possibly salvageable, according to a source. leyla santiago is live. i know you had a chance to speak with an official from n

. >> so merrick garland was keeping it close to the vest. what will the outcome be? do you think he'll bring charges himself, go to a grand jury or neither? >> well, a federal law says that upon certification by the speaker and after we pass this successful bipartisan vote the speaker will certify and it will go to the u.s. attorney for the district of columbia where they have a duty, and the federal law specifically mentions that, a duty to bring it before a grand jury. and so that's our expectation is that they will do just that, and this was a victory for the rule of law. and if we follow the law, then that will be the end result. >> it will be quicker if he just does a felony warrant on his own or just does his own charges, which you can do in other matters. is he not allowed to do that? is the duty a must, or is it a must to do something? >> well, they always maintain their prosecutorial discretion but the law specifically says duty. so our expectation they'll do that and bring it before a grand jury. what people need to understand is this a pursuit of the truth

this is what attorney general merrick garland said about the decision of whether to prosecute. >> the department of justice will do what it always does in such circumstances, will apply the facts in the law and make a decision consistent with the principles of the constitution. >> what do you think will happen? zblipt to say a couple of things. when he made those comments, that was maybe six or eight hours before this case even existed. so, it would have been inappropriate for him to go further than that. i think they're going to take a close look at it and there's a basis for charging him with a crime. the committee put out a pretty long detailed report indicating all the ways in which steve bannon sort of didn't respond to communications and was blowing off the committee. there's a basis for a charge to say he willfully violated a subpoena. we shall see. >> how long do you expect it's going to take ag garland to ultimately make a decision? >> i hesitate to impose timing on anybody. i think anybody is aware of how politically sensitive and how much public interest there is in this. i

merrick garland in his opening statement said this was an intolerable assault on the capitol, the capitol police, and the transfer of power, of fundamental premise of our democracy. so given that, given that bannon was not an employee, therefore, there is no executive privilege, therefore, and because there is a valid legislative purpose here -- remember, after 9/11 it passed the usa patriot act after january 6th. they're most likely looking at other legislative corrections. so everything here indicates an indictment is warranted because congress must assert its power under these circumstances. >> all right. we'll see how quickly the acting u.s. attorney acts and how much we hear out of him. michael zelden, former federal prosecutor, nice to see you. >> thanks. >> thank you. >>> planned testimony in the first trial of the capitol riot defendant could highlight the per it including official mike pence faced during the insurrection. vice president had to be whisked away as rioters chanted, "hang mike pence" outside the capitol. the justice department plans to call a secret service official

. >> so this morning, all eyes on attorney general merrick garland. will he charge steve bannon. >>> a 10-year-old black girl arrested and kept in handcuffs after a drawing of another child's parent. her mother joins us next. repair® smooths the look of fine lines in 1-week, deep wrinkles in 4. so you can kiss wrinkles goodbye! neutrogena® before discovering nexium 24hr to treat her frequent heartburn... claire could only imagine enjoying chocolate cake. now, she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? ♪ ♪ love is a roller coaster. to each their own love. the vera wang love collection. designed for zales the diamond store. i didn't realize my dna could tell me if i had a higher chance for type 2 diabetes. so when my 23andme report said i did, it was a wakeup call. ♪ ♪ do you know what the future holds? find your rhythm. your happy place. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients

merrick garland is a very effective lawyer. and he and his team and the u.s. attorney and the district of columbia will make their own decisions. we will not try to push them, lobby them, sway them. we saw enough of that during the trump administration. we will continue to use other tools in our tool belt here to try to get the testimony of everybody that we have subpoenaed. the vast majority of people we have approached have come in voluntarily or have accepted the subpoena or in good faith negotiation right now about rendering their testimony. we're not fooling around. this is a responsibility everyone has. with he don't have a special class of people who happen to know donald trump who are somehow above the law. >> have trump's attorneys been in touch with the committee about any concerns they may have about executive privilege? >> well, they have sued as, as you know, but they have not tried to intervene in steve bannon's case specifically. and they brought a suit against the committee. and that might be a great forum for different subpoenas that are in th

visit indeed.com/hire >>> all eyes now on attorney general merrick garland after the house voted to hold steve bannon in contempt of congress. nine republicans voting with all 220 democrats to pass the resolution. so now it's up to the justice department to decide whether to prosecute the trump aide. >> the vast majority of republicans deciding not to enforce a subpoena from their own chamber. members of the january 6th committee believe he had significant knowledge around the planning of the capitol attack. whitney wild joins us. you look at this. there are a lot of steps here waiting for a decision from the justice department, but how about in the investigation itself? >> well, they're still moving forward. this, as i have said before, this message to bannon was also meant to be a message for anyone planning to defy the subpoenas. there's an expectation people are supposed to be handing over documents this week and next week. the assumption is those documents are rolling in. several people know many of the people who have been subpoenaed are cooperating, and by cooperating we mean actu

attorney here in d.c., merrick garland, neither of them tipping their hand. they continue to say in statements. we saw merrick garland testifying yesterday that they will follow the facts and law to make an independent decision as to what they ultimately do. >> jessica schneider, thank you. >>> let's discuss this with congresswoman zoe lofgren. we just learned your committee is going to hear from jeffrey clark, the former trump justice department official. what do you want to hear from him? what is he going to testify about? >> well, our posture has been that we're not going to discuss publicly or with the press the witnesses, what we're going to ask and the like. but what we've said from the beginning that we want to find out what was planned, what was the intent, who paid for it, and i think mr. clark certainly has information about what was planned and what the intent was. so we will hopefully learn even more from his appearance and his discussion. we're very committed to getting to the bottom of everything about january 6th and leading up to it. not only