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merrick garland says he will apply facts. chad pergram is watching that and all of the movement going on to try to get towards a reconciliation bill on the hill as well. update us, chad. >> good afternoon, martha. steve bannon rejected a subpoena by the 1-6 committee. he claimed executive privilege even though he was long gone from the white house. house gop leaders oppose wheeling in bannon. >> they're issuing an invalid subpoena. issuing that weakens our power. he has a right to go to the court to see if he has executive privilege or not. i don't know if he does or not, but neither does the committee. >> when the gop controlled the house, it held irs figure lois learner contempt of congress and eric holder. nancy pelosi said the gop should hold bannon in contempt. >> the genius of our constitution and:0 our founders was the separation of power, checks and balances. if in fact you went to negate the ability of one check of another branch of government over another, your undermining the constitution. >> the vote on the bannon

it's all over the top. >> martha: so if you're the attorney general, if you're merrick garland and asked to look into this, wouldn't you hesitate to go that route if you didn't have specific examples that merited some sort of coordination, some sort of potential effort to hurt these school board members or to truly threaten them. wouldn't you want that evidence? >> yeah, what general garland should have said, we have seen no evidence of domestic terrorism. so to use the patriot act is unfounded. he could say any types of threats made against school board members can be addressed on the local level and if there's any intrastate elements, the department of justice will get involved. there's ample laws protecting school board members from outbursts. >> martha: if anybody is being threatened, they should be put in place. if it crosses border, it's a different issue. the evidence is not there at this point. thanks, jonathan. jonathan turley. >> thanks, martha. >> martha: that's "the story" for this wednesday. tonight bret baier anchors live from the port of los angeles where over 100 containe

merrick garland agreeing to have the fbi investigate. so that's the context that is coming in. you know what is hurting in this tight race, you know, terry mcauliffe has a lead in most of the polls i've seen. it's very small. it's within the margin of error. but less not behaving like a person in the lead. he's behaving like a person that knows he's taken a big hit that might prove fatal. >> martha: he was asked about the budget deal and the sort of larger, you know, net, social net that it represents. he said oh, we have to get this deal passed. and then he looked who is coming in. you have jill biden and former president obama coming in. it's going to be an interesting thing to see the suburban voters that voted for former president trump and joe biden how they vote in two weeks. >> you put your finger on the issue. what makes this schools issues so interesting is that democrats typically have an advantage own education among the public, especially among suburban voters. a lot of the suburbanites showing up are democrats or at least they're not the typical trump supporters. t