attorney general merrick garland said the focus will be on mortgage lending, and patterns of racist policies. it's the first such crackdown since the obama administration. and on wall street today, the dow jones industrial average gained 74 points to close at 35,677. the nasdaq fell 125 points. the s&p 500 slipped five. still to come on the newshour: on the border. crossings into the u.s. from mexico reach an all-time high, as an alarming new report details claims of abe by immigration officials. david brooks and jonathan capehart break down the state of play over president biden's spending bill. a cuban lens. one of the country's most celebrated avant-garde painters gets his due in the united states. and much more. >> nawaz: as we reported, beginning today, covid-19 booster shots for both moderna and johnson & johnson are available to eligible populations. the c.d.c. issued that guidance after an advisory committee unanimously approved it yesterday. the f.d.a. also authorized mixing and matching vaccines and boosters. to help viewers understand more about what they should consider, i'm join

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

merrick garland mentioned this in his statement yesterday. this is basically a way they deduce whether or not they're going to move forward with prosecution. there's four questions they need to answer. walk us through that and what you expect to happen here, what you expect the answers to be. >> sure. this is just the bible for prosecutors, different questions apply in different situations. but first prosecutors have to be sure that they have sufficient admissible evidence to obtain and sustain a conviction. that question looks like one that they can answer in the affirmative here. betsey references the executive privilege aspect of that question, and if bannon really wanted to assert that in a serious way he would have to appear in front of the committee and assert it question by question that he hasn't done that really influences the calculus here. along with the fact there's an old olc memo that addresses the fact executive privilege could extend to people outside the white house, in a situation like this where the president has already ma

now the ball is in merrick garland's court. what's your expectation for how quickly the doj will move on this? >> it's my hope and expectation they will move quickly. that they understand the urgency here. and i think there are good signs in what the justice department did with respect to some of the witnesses we wanted to talk to. a former top ranking justice officials. they did not assert executive privilege. they did not assert any kind of work product privilege. and made it clear that they view the public interest in getting all the facts out about that violent attack on our democracy to be paramount. i think that same logic ought to apply here. so it's our hope, it's our expectation, that they will move quickly. >> i want to play for our viewers something that congresswoman liz cheney, the top republican on the january 6th committee, something she said on the house floor yesterday as she explained why steve bannon's testimony in her view is so critical. look at this. >> mr. bannon's own public statements make clear he knew

attorney general merrick garland making remarks right now. he's joined by his assistant attorney general. let's listen in. >> at the same time that the federal government was constructing this monument to justice, it was instituting a profoundly unjust nationwide real estate practice known as redlining. redlining is a process by which lenders deny services to individuals in a neighborhood because of the race or national origin of the people who live in those communities. redlining has its roots and programs that were designed to make home ownership widely available for the american people, but that purposely excluded minority neighborhoods from accessing purposely excluded minority neighborhoods from accessing those benefits. much has changed since the federal government engaged in depression era redlining but zrim father practices by financial institutions still exists. unfortunately, redlining remains a persistent form of discrimination that harmed communities. lending discrimination runs counter to fundamental promises of our economic syst

it's important for folks to remember that no matter what ends up happening, if merrick garland makes the decision to go after steve bannon and we go through the process and he's found guilty, that doesn't mean that he is compelled to testify, right. they're still unlikely to get any information out of steve bannon, so this process is going to go through. and what the house wanted to make sure, especially, those republicans, some of the usual suspects that we've seen voting on bipartisan things, they want to make sure that congressional subpoenas hold weight and power. and that is something that democrats have talked about, like, they have concerns about. you have kevin mccarthy at some point, possibly the speaker of the house, whoever has voted against this, and what does that mean for when he wants an investigation and someone doesn't want to come and talk to some committee or panel that he's created? and that is where these folks are right now. >> eugene daniels and cal perry, thank you for being with me this morning. >>> coming up, we're following several developments in haiti rig

it's a sign of how deeply and troubled our democracy is. >>> attorney merrick garland helps to contain protesters violent. republicans criticized garland for an october 4th em memo issued. they're asking the biden administration to make action. >> the sometimes over school rules surrounding the pandemic and sometimes over what conservative charged are history that's two lessons -- >> the charge the attorney general repeatedly denied adding of any effect on the curriculum talking or the ability of parents to complain. what we have seen is undeniable and we have seen aggressive behavior by some parent and that goes down to mandates and about masks and critical race theory and the question that comes up to the governor's race that's disposed a lot on education, there is no denying that's ham ng the school board, what about this memo from the justice department set off republicans? >> yeah, it's the republican feeling clearly as we have seen around the country that the parents have the right to protect these man days and have much more influence, why is education has become the number one

attorney general merrick garland was noncommital when testifying before the house judiciary committee yesterday. >> the department recognizes the important oversight role that this committee, the house of representatives, and the senate play with respect to the executive branch. the house of representatives votes for referral of a contempt charge. the department of justice will do what it always does in such circumstances, will apply the facts and the law and make a decision consistent with the principals of prosecution. >>> joining us now, reporter. what sort of backlash will they face within the gop? >> i mean, absolutely these republicans knew when they took that vote, they're facing possibly becoming political pariah in their party. they voted against the majority whip, the majority party. they've seen this before. congresswoman liz cheney was on the select committee when she voted against -- i'm sorry. when she voted for the impeachment of the january 6 select committee and continued to speak out against donald trump, she was stripped of her leadership position with the blessing

and attorney general merrick garland, the leader of the justice department, he today was tight-lipped about what to expect about that process. he told a congressional committee where he was testifying today basically that the department will handle this, like he says they handle everything. they will handle this by the book, no fear, no favor. >> i will say what the spokesperson for the u.s. attorney's office in the district of columbia said yesterday or the day before. the house of representatives votes for referral of a contempt charge. the department of justice will do what it always does in such circumstances, will apply the facts and the law and make a decision consistent with the principles of prosecution. >> we will apply the facts and the law, make a decision consistent with the principles of prosecution. in other words, i'm not going to tell what you we're doing. we are just going to do it on our own times, we don't take advice from anybody, so you can leave me alone about it. which is, honestly, the right way to answer those kinds of questions. and, you know, stepping back f

garland's department to decide what's next for stephen. congressman gerry me raskin who's a democratic artisan in maryland, who issued that subpoena to steve bannon last month. today's vote came down, roughly where i thought it was. the way if i had to give over under, probably a few more republican votes than i would've guessed. what did you think? >> yeah, there are definitely more republican votes than i was expecting. given that kevin mccarthy was whipping the vote very hard, to try to get everybody on the side of not issuing the criminal contempt referral from bannon. so, i was pleased that there are both a number of people on the republican side who had voted to impeach donald trump, also in this group, but there are also some new ones like nancy maze from south carolina who is my counterpart on the oversight subcommittee on civil rights and several liberties. she just said she believes in the rule of law, and how can congress, with a straight face, go forward in ever issue is subpoenas again, if we're not gonna see anybody else subp

garland >> we >> i have a pretty high level high level of confidence in merrick garland, it's his first opportunity perhaps in his legal career or at least in the last 25 years, to act in a way that is not judicial. meaning, he can take aside and go hard at it. as opposed to having to be this even-handed judicious figure on this court. and all of the years that he was auditioning for the supreme court, and the seat that was stolen from him, which would have probably been the crowning achievement of his career. well that lens has shifted, and now he exists in now a partisan fashion but a fashion in which he can take a clear position here. and there is a clear position on all things related to january six, be it congressional subpoenas, which we're dealing in an instant case. or the overall much larger umbrella attempt to thwart democracy, in the interest of one donald j trump. so i think mayor jay garland, his personal feelings about not being on the supreme court aside here, he's gonna do the right thing. and i think that, you know, it's fairly non controversial to be passionate and pur

merrick garland was unaware of it. how is he unaware of it? they pushed through, they injured a police officer, nobody gives a damn. when the portland courthouse, a federal courthouse was attacked night after night with fire and all kinds of stuff, when the police were under attack, who nancy pelosi called stormtroopers, merrick garland says "well, that is not domestic terrorism because nobody there, it was happening at night." meanwhile, they got your parents. liz cheney concerned about that? not in the least. now we have a big problem in this country, ladies and gentlemen, we have a rogue presidency, we have a rogue department of justice, we have an out-of-control democrat-controlled house. by three votes. the democrat-controlled senate. 50/50. by the luck of the constitution, the vice president breaks the tie, and what do they want to do? what do they say they want to do? fundamentally transform our economic system. well, you have a choice. free-market economic system that you have in free countries, that respects individuals, creates growt

., where was received at 5:30 pm today, at a house judiciary hearing, attorney general merrick garland said this. >> the house of representatives votes for referral of a contempt charge, the department of justice will do it always doesn't such circumstances, will apply the facts and a lot to make a decision consistent with the principles of prosecution. joining our discussion now is congresswoman madeleine dean of pennsylvania, she is a member of the judiciary committee, and the second impeachment of donald trump. thank you very much for joining us, tonight, i want to begin with where we just ended, and that is the attorney general's comments today. it's difficult to imagine him saying anything else, under these circumstances, and yet there is more suspense tonight in washington about what this attorney general will decide, and there has been a long time. >> and yet, lawrence, thank you number one for having me tonight, it's a pleasure to be with you, i was in that hearing room today with attorney general merrick garland, and if you flashback to the last administration and how difficul

attorney general merrick garland, the leader of the justice department today was tightlipped about what to expect about that process he said the department will handle this like he says they handle everything. they will handle this by the, book no fear in our favor. >> i will say what's spokesperson for the u.s. attorney's office in the district of columbia said, yesterday, the day before, house of representatives votes for a referral of a contempt charge the department of justice will do what it always does in such circumstances, we'll apply the facts and law and make a decision consistent with the principles of prosecution. >> we will apply the facts and law, make a decision consistent with the principles of prosecution. in other words, are not going to tell you what we are doing. we are going to do it on our own terms, we don't take advice from anybody. you could leave me alone about it. which is, honestly, the right way to answer those kinds of questions. you know, stepping back from this, in terms of the news worthiness of what is going on here and all this drama in washington. ste

>> pretty high confidence in merrick garland. this is his first opportunity and perhaps his legal career in the last 25 years to act in a way that's non-judicial. he can take a side and go hard at it. well, that lens have shifted, he's in a fashion where he can take a clear position here, there is a clear position on all things related to january 6th, via congressional subpoenas which we are dealing with the instant case or the overall much larger umbrella attempt towards democracy in the interests of one donald j. trump. his personal feelings of not being on the supreme court aside here, he's not doing the right thing. i think that it's fairly non controversial to be passionate and pursue justice in light of what happened. i expect a lot out of merrick garland. >> the governor of texas continues his push to prove he loves trump the most. s push to e loves trump the most (man 1) oh, this looks like we're in a screen saver. (man 2) yeah, but we need to go higher. (man 1) higher. (man 2) definitely higher. (man 1) we're like yodeli

i was in that hearing room today with attorney general merrick garland, and if you flash back, sadly, to the last administration and how difficult it was to have then attorney general barr come before us, it was refreshing that we had merrick garland there and that he so thoughtfully said they will follow the evidence and the law and where it guides us. a very refreshing, it shouldn't need to be refreshing but a very refreshing moment today. i was proud of that moment. >> is there any response from the justice department that you could accept that was something other than the prosecution of steve bannon? >> oh, i'm -- number one, i'm so pleased with our committee and moving so swiftly, and making sure that we brought the vote to the floor of the house tonight and made sure that the referral was made to the department of justice. so yes, we saw in the last administration -- under the last administration a dragging of feet, a department of justice that was wetted to the trump administration in a very perverse way. we are still going to learn more about. so today was a really good day, i

the bannon issue now goes to the justice department, headed by attorney general merrick garland. before today's vote, garland opted not to tip his hand to whether the department will ultimately prosecute him. >> we will apply the facts and the law and make a decision consistent with the principles of prosecution. judy: the department is already in the middle of prosecuting hundreds of defendants facing criminal charges of their own, stemming from january striate. -- stemming from january's riot. now, for a deeper look, i am joined by josh gerstein, senior legal affairs reporter for politico. thank you so much for joining us. tell us, how ordinary is it for someone to say that -- for congress to say that someone is contempt of committee. >> we seen a number of citations, former attorney general eric holder was cited, what is really unusual here is to have a criminal referral that the justice department may seriously look at. it has been about 40-45 years since the justice department has brought a case under this particular criminal contempt of congress statute. judy: so remind us,

attorney general merrick garland wouldn't say today what he is going to do, saying only the doj, quote, will apply the facts and the law and make a decision consistent with the principles of prosecution. david? >> jon karl following this all day long for us. jon, thank you. >>> and overseas tonight and we're following a developing headline at this hour involving queen elizabeth. we have learned that she spent the night in the hospital. she's now back home at windsor castle, but of course, a trip to the hospital always gets attentio so, let's bring in our foreign correspondent james longman live in london tonight. and james, what do we know about the queen's visit to the hospital? the queen is back at windsor l,- castle tonight. we don't know exactly why she went into the hospital. buckingham palace is always very tight-lipped about her majesty's health. but we do know it was a very short stay. she went in yesterday, she came out at lunchtime today. she was last seen hosting a reception on tuesday night at windsor castle after which she was told by her doctors that she could get some re

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

and for his part, attorney general merrick garland is not showing his hand. in hearing today, he gave no indication of whether the justice department would bring charges against bannon, saying they will make a decision consistent with the principles of prosecution. joining me now is congressman bennie thompson of mississippi, the chairman of the select committee to investigate the january 6 attack on the u.s. capitol. mr. chairman, thank you for coming back. i really appreciate you being here again. and i want to get your reaction to the claim by the house minority leader kevin mccarthy that the subpoenas issued by your bipartisan committee are invalid. >> well, he is dead wrong. but that's not consistent with the law. clearly, we have, as you know, the authority as a duly constituted committee to issue subpoenas. we're doing that. we're doing our work. and he knows it, but, you know, he has to do the talking points. we are clear. we're on firm ground, and we look forward to the attorney general doing his job. >> there were two members of the republican side

attorney general merrick garland in the hot seat answering multiple questions from republicans about his october 4th memo that directs the federal bureau of investigation working with each united states attorney to convene meetings in each federal judicial district within 30 days of the issuance of this memorandum. >> i think your memo was the last straw. i think it was the catalyst for a great awakening that is just getting started. >> the memo issued five days after the national school board association wrote to president biden about the rise of threats by parents to school board officials writing these heinous actions could be the equivalent of a form of domestic terrorism and hate crimes. >> not in a million years did we dream that one day we would see the justice department treat american parents as domestic terrorists. >> but garland said his memo doesn't use the words domestic terrorism or patriot act. >> i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children, nor can i imagine a circumstance whe

the nnon issue now goes to the justice department, headed by attorney general merrick garland. before today's vote, garland opted not to tip his hand to whether the department will ultimately prosecute him. >> the department of justice will do what it always does in such circumstances; it will apply the facts and the law and make a decision consistent with the principles of prosecution. >> woodruff: the department is already in the middle of prosecuting hundreds of defendants facing criminal charges of their own, stemming from january's riot. now, for a deeper look, i am joined by josh gerstein, senior legal affairs reporter for "politico." josh gerstein, thank you so much for joining us. first of all, tell us again how ordinary is it for the congress to say that someone is in contempt of a committee? >> well, that's happened i think increasingly frequently in recent years, judy. we've seen a number of citations, former attorney general eric holder was cited. former attorney general bill barr was cited. what's really unusual here is to have a criminal referral that the justice

this will certainly be one of the first big tests that we know about of attorney general merrick garland ho referred to this process which is a criminal referral without tipping his hand. >> the department recognized the important over sight rule that this committee and house of representatives and the senate play with respect to the executive branch. >> everyone should have the ability to vote as readily and easily as possible. the department of justice will do what it always does in such circumstances. we'll apply the facts and the law and make a decision consistent with the principles of prosecution. >> i'm joining now by melissa murray and emily bazelon. and professor, the attorney general there was measured and vague as fits his position. contrast that to what we heard on the house floor in this big vote today. take a listen. >> we need to give the american people answers about what happened. there needs to be swift accountability. >> congress is prohibited from conducting criminal investigations, period. but that is exactly what this select committee is doing. >> i have no doubt th

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

so i just don't see anything else for merrick garland to do. i am not sure -- i think he doesn't relish being in this position. i am sure he much rather bannon would go and tell the truth under oath. when someone doesn't do that there has to be consequences. >> i want to -- you referenced attorney general garland's predecessor, bill barr. i want to show you something adam schiff. >> we can't look at this enforcement action against steve bannon in isolation. it is part of a broad assault on our democratic institutions where you can ignore subpoenas, use the justice department in ways that bill barr did to go after the president's enemies. you can ignore the prohibition on using the white house grounds for political conventions. you can enrich yourself as president. the list goes on and on. at some point you have to say enough, we have to put back the guardrails of our democracy in he is making an argument that i feel like we have discussed. the stakes for the department of justice in doing what bill barr would do seem catastrophe cattic, not jus

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

here's what merrick garland had to say when he was asked about this by the judiciary committee earlier today. >> the house of representatives votes for referral of a contempt charge, the department of justice will do what it always does in such circumstances. we'll apply the facts in the law and make a decision consistent with the principles of prosecution. >> so, pete, how will they make that decision? because as you've been reporting, it's not exactly straightforward. >> no, it's not. i think there are factors to weigh on both sides. on the one hand the committee has a clearly demonstrable need for this. the administration has endorsed that need, saying this was the worst attack on the u.s. since the civil war. the president's claim of executive privilege here is relatively weak because biden has said it should be waived for documents and testimony, specifically on steve bannon as well. this executive privilege anyway applies only to official comp communications. and that presumably what the committee wants to know about was not the president's official business. those are reasons we

. >> the pressure on merrick garland will be intense. and his decision on whether to prosecute will be consequential, not only for bannon and donald trump, but also the future ability of congressional power to call witnesses, demand information and documents, and enforce subpoenas for those who refuse to cooperate. now, if history is any indicator, the doj has historically been reluctant to use its power of prosecution against witnesses found in contempt of congress. and so far, the ag has stressed removing any hint of politics from the doj after the norms destroyed during the trump administration. but the circumstances surrounding the attack on the capitol could push garland to make a move. so will he or won't he? and if he does, how quickly could we see bannon charged? and is it all headed for a cliffhanger at the supreme court? joining us to talk about it are nbc news capitol hill correspondent ali vitali, "washington post" white house bureau chief ashley parker. you've got all the democrats voting for it, expected to, anyway, plus ch

attorney general merrick garland testified today and giving to hint as to what he will decide to do. joining us now is joyce vance. if the house refers to bannon has is respected with all republicans going against, is the attorney general going to go ahead and charge him? what do you think the justice department will do? >> it is hard to predict what this justice department right now. what merrick garland has done is committed that doj will use the same principals of federal prosecution that they have used to decide in any other situation whether or not there should be an indictment. whether or not that is evidence to obtain and sustain a conviction. if it the prost kus is a matter of national interest, and and i suppose it is possible that he could, the civil remedy is sufficient. in a case like this where there is just a raw effort for the oversight abilities, this would be the case. >>. >> what about the prosecution? is it contempt? >> thee ratically congress can file a lawsuit and we saw them do that with don mcgann and it was 750 days from the time he was subpoenaed to when he a

if it passes, next steps will be determined by attorney general merrick garland's justice department. as we speak the attorney general testifying before the house on a separate issue. we're going to share with you what he just said a few moments ago when he was asked about january 6th, and steve bannon. also less than an hour from now, president biden, vice president harris will be marking the 10th anniversary of the dedication of the martin luther king junior memorial in our nation's capitol. when it starts, we'll take you there. that's not all we're following this hour. there's a crisis in our classrooms. we simply do not have enough teachers in this country. i'll talk to two folks on the front lines of this issue about why, and how to fix it. also ahead, backlash for netflix. employees staging a mass walkout over the streaming giant's handling of a dave chappelle standup featuring comments about the trans community. we start with a full house vote expected this afternoon on whether to refer former trump adviser steve bannon to the department of justice for criminal charges of conte

. >>> also we're keeping an eye on merrick garland's system before the house judiciary committee on the january 6th insurrection and other issues. >>> meantime the fda authorizes booster shots for the moderna and johnson & johnson vaccines as we learn more about the effectiveness of the pfizer booster shot. >>> and we are live on the ground in haiti, as the search continues for 17 american and canadian missionaries, including children, who were abducted by a haitian gang. >>> and on this latina equal payday, take a closer look at the huge pay gap between latinas and white non-hispanic men. >>> we begin on capitol hill, democrats are once again grappling with how to pay for their multi-trillion-dollar social safety net bill, and arizona senator kyrsten sinema is apposed to raising taxes on the wealthy and corporations to president biden and democratic leaders said is key to funding their reconciliation bill. with me is kristen welker and leighanne caldwell. how does the news affect efforts to get the outline of the bill in place by the halloween deadline for a vote on the bipartisan infr

garland testifies before the house judiciary committee or the routine hearing on the oversight department of justice. he'll very likely be asked how he's going to handle some of these cases. you know, he might actually get some greater insight into how this could all pay out. >> it's certainly a busy time right now over on capitol hill. you're also following, of course, all negotiations within the democratic party with the bipartisan sfrur deal and an attempt to get a deal on the larger reconciliation package. it seems like there's been a sense of optimism the last couple of days, but also there's a lot of stuff that needs to get sorted outst. tell us where we stand? >> on tuesday there were meetings. and in these meetings, according to sources in our room, he delivered these assessments of what could go and what could stay necessarily in their social spending package, and this is leading to a bit of heartburn among democrats about things they have to let go. you have the longer extension of the child tax credit or free community college, but emerging from all this and after meetings the

questions about how attorney general merrick garland intends to handle the matter will come up when he testifies tomorrow before the house judiciary committee. in the meantime there is the ongoing biden presidency after all, democrats are working with the white house on salvaging the presidents ambitious the mystic spending plan. today he was back on the road, the simon's hometown of scranton pa, to promote what is now a slimmed down version of his proposal to expand several social programs and address climate change. biden plan to raise taxes to pay for those proposals has now meeting increased resistance from wait for, democrat it later kyrsten sinema of arizona. there was also joe manchin of west virginia. according to new report from other jones mentioned quote, told associates that he is considering leaving the democratic party if president joe biden and democrats on capitol hill do not agree to his demand to get the size of the social infrastructure bill from 3.5 trillion to 1.7 five trillion. manchin has said that if this were to happen, he would declare himself an american inde

questions about how attorney general merrick garland will testify comes up tomorrow. meantime the ongoing biden presidency after all and democrats are working with the white house on salvaging the president's domestic spending plan. today he was back on the road, this time in his hometown of scranton, pa, to promote a slimmed down version of his original proposals to expand several social programs and address climate change. he planned to raise taxes to pay for those proposals is meeting increased resistance from, wait for it, democrat senator sinema. and there's drama around joe manchin, he told associates he is considering leaving the democratic party if they do not agree to cut the infrastructure bill from $3.5 trillion to 1.75. he has said he would declare himself an american independent and he has dedised a detailed strategy for his departure and today there was a colorful response to the point. >> it's -- spelled with a b, capitol b. >> the white house did get an assist today on one aspect of its domestic policy. fda has authorized booster shots of both the j an

expect lawmakers to ask attorney general merrick garland if he will prosecute bannon at a hearing tomorrow. fox has told some gop members will vote yes for bannon because they don't like people ignoring congressional subpoenas. bret? >> bret: chat -- chad pergram. up next, how russia is dealing with afghanistan now that the u.s. gone. >> the american people lost, the afghan people lost. the winners are russia, china and iran. ♪♪ we believe everyone deserves to live better. and just being sustainable isn't enough. our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ this isn't just freight. these aren't just shipments. they're promises. big promises. small promises. cuddly shaped promises. each with a time and a place they've been promised to be. and the people of old dominion never turn away a promise. or over promise. or make an empty promise. we keep them. a promise is everything to old dominion, because it means everything to you. >> bret: welcome back to the port

this is congressman adam schiff on merrick garland's reluctance to look back yards. obviously f the d.o.j. chooses no the prosecute, bennie thompson's commitments may not hold. let me show you that. >> look, i think there is a real desire on the part of the attorney general for the most part not to look backward. do i disagree with that? i do disagree with that. and i disagree with it most vehemently when it comes to what i consider even more serious offenses. for example, a taped conversation of donald trump on the phone with brad raffensperger, the secretary of state from georgia, trying to coerce him into fraudulently finding 11,780 votes. because i think so if you or i did that, we would be under indictment by now. >> so, claire, the question is, do you believe that under merrick garland, d.o.j. will enforce these contempt votes in the house? >> it will be interesting to see, first, how quickly d.o.j. acts, and what they do, whether they pursue civil contempt or criminal contempt. if they quickly pursue criminal contempt, we have another problem. that is, there w

. >> reporter: and it's still unclear what attorney general merrick garland will do, if he receives that bannon contempt referral. the committee chairman says three other trump associates, kash patel, mark meadows and dan scavino are being somewhat cooperative. scavino's lawyer tells cnn he's not entered into negotiations with the committee and at this point, jake, he is not ready to cooperate. >> paula reid, thank you. >>> we're following breaking news out of florida right now. any moment the fbi is set to give an update on the search for brian laundrie after items belonging to him were found when cadaver dogs were called in. stay with us. ♪ you pour your heart into everything you do, which is a lot. so take care of that heart with lipton. because sippin' on unsweetened lipton can help support a healthy heart. lipton. stop chuggin'. start sippin'. sharing smiles together is a gift. at aspen dental, it's easy to gift yourself the smile you deserve. new patients, get started with a comprehensive exam and full set of x-rays with no obligation. and if you don't have insurance, it's free.

they have proven time and again, that they are getting away with, it in the question for merrick garland, is is that with the rule of law, means to him, and i don't think it is. >> you're the lawyer that allegedly defrauding his supporters. steve bannon, he's a real -- we've got a situation to, where, look part of what's so maddening here, is. it's been true since early's stays, this is a guy skated as well. life is wiggle out of stuff. the new york times ran a 10,000 word piece basically accused him of criminal tax fraud. in black and way, another thing the new york times says lately, there's multiple criminal investigations in there's one in fulton, county there's one in the manhattan district attorney's office. he's been impeached twice. he whipped up a violent insurrection, in front of all of. us which we also. here's bannon who's been part, and saying i'm going to get away with. it the lie here is that it's super clearer is? it won't controls? you that is really the worry, two-way's report does with all, this is whether the house is essentially the power that they want to have and b

garland. and the department of justice to begin the process of prosecuting this case. it will likely go before a grand jury. and then, the process will begin from a criminal prosecution standpoint. and all of this, with the goal of trying to get steve bannon to cooperate with this committee not just to offer up his testimony but also to provide the documents and communications and information that he knows about what happened on that day. >> yeah. i mean, to see how many republicans in the house actually have the courage of liz cheney, of adam kinzinger, um, that is one thing we will be watching very closely. ryan nobles, thank you. joining us is cnn senior political commentator and former senior adviser to president obama, david axelrod. cnn chief political correspondent, dana bash. so, dana, just on a political level, how significant is this move by the committee tonight? i mean, if the former president and his allies are able to stall the investigation, obviously, in the months ahead while

the question for merrick garland is, is that what the rule of law means to him? and i don't think it is. >> you're the lawyer. i have to say allegedly, allegedly defrauding his supporters. steve bannon, you know -- >> allegedly. >> yeah. he is a real mench. i can't see him doing that. look, the law -- part of what is so maddening, right, this has been true from, the you know, the earliest days, like, this is a guy who skated his whole life. he wriggled out of stuff. "the new york times" ran a 10,000 word piece accusing him of criminal tax fraud, you know, in black and white. there is multiple criminal investigations. one in fulton county. there is one in the manhattan district attorney's office. what's been impeached twice. he whipped up a violent insurrection in front all of us which we all saw. bannon has been pardoned saying i am going to get away with it. the law isn't that super clear, or is it? what controls here? that is the worry, too? what a court does with this and whether the house has the power that they want tro have and believe they should have here

merrick garland needs to make his own decision. he has lots of good reasons to rule as norm eisen says. but it's got to be the ruling of the department of justice without any undue pressure from the president of the united states. >> so, laura, steve ban's lawyer has asked the committee to delay tonight's vote for at least a week because of trump's lawsuit, right? which was filed last night. right? when trump is -- is suing to prevent, you know, 45 unknown documents from coming out from the national archives to the committee and bannon's lawyer's saying, okay, we got to wait to see how that goes. and the committee needs to wait on that before, you know, talking to bannon. the committee denied their request. so, does that -- does that change this at all in terms of do you think they'll be successful at getting more delays because of trump's lawsuit? >> the -- the committee should have denied his request because remember when you get a subpoena, you have an assertion of privilege if it's valid, you have got to prove it. but it doesn'

merrick garland isn't an aggressive man when it comes to holding donald trump or any of the people involved in what amounts to threats of violence against our citizenry, against members of congress and our democracy. he hasn't exactly been aggressive. should congress take it upon themselves and throw steve bannon in the jail under the capitol? >> we should pass legislation that would put in place inherent contempt. i'm an original sponsor of it. that's one way to do this. without the senate, you know, on board to also assist us in giving us that leverage, we should encourage merrick garland to treat donald trump no better but no worse than any other person who would be evaluated by the department of justice. he'll testify on thursday to the judiciary committee and that's one of the questions we'll have. will you agree that he should be treated no better, no worse and not just sweep this under the rug because for the sake of moving on, we would be better off. we're not better off if we don't recognize that he took a wrecking ball to every institution we value in this country and if he broke

the question is merrick garland, who in some cases has been a reticent -- he's been anti-bill bar and that means a lot but in terms of vindicating the rule of law with regard to january 6th and the rule of law with regard to whether or not congressional subpoenas are going to be optional, you want someone, i think, who is going to be a bit more of a bulldog and we'll see if he steps up. >> yeah, and let's take a little listen to how bannon is playing this today on his war room podcast. take a look. >> what actions, it's going to be actions that convince the deplore abls their votes are going to count. so what actions are they taking to make sure this is going to count. everybody says your vote counts. seth has made a name for himself going around the country. >> he almost see the tension there, michelle, of someone who is discussing voter turnout and republicans and firing up the base, which is standard and both parties do that, but against the backdrop of constantly having to echo trump's claims that everything is stolen. >> it tells us so much that youngkin goes on steve bannon's sh

but the decision on whether to proceed would lie with the loss, attorney general merrick garland and at this point it's not clear exactly what he will do. he is facing considerable political pressure, even though the white house and justice department are supposed to be completely separate, president biden weighed in late last week saying, yes, he believes bannon should be prosecuted. and, of course, we've seen democratic lawmakers also calling on the justice department to proceed with this arguing that if they don't, then trump associates won't have any incentive or need to cooperate. it's interesting, jake, in speaking with legal experts on both sides of this, including people who used to work for the former president they suggested that bannon could have made this a lot more difficult for the attorney general. he could have shown up and invoked privilege on some questions. could have taken the fifth. would have been harder to argue he wasn't complying. but instead he and his attorneys snts sent this attorney citing privilege, even though many of the items are not related to conver

attorney in d.c., not to merrick garland himself. take us inside the room per se. does the u.s. attorney pick up the phone and call garland, tell him i just got this referral? how does it work with a prominent and potentially thorny case? >> so technically the case goes to the relevant u.s. attorney, in this case, the u.s. d.c. attorney. i led a famously independent u.s. attorney's office, the southern district of new york, often called the sovereign district of new york. each u.s. attorney's office operates with some degree of independence from the rest of the justice department and from the attorney general. my office more maybe stridently than others. given the weight of the matter, the focus of the nation on it, i can't imagine the u.s. attorney in d.c. who i know who is an honorable prosecutor would be doing that without consulting with merrick garland. whether garland picks up the phone or the u.s. attorney picks up the phone, someone will and there will be a discussion about it. >> preet bharara, thank you. >>> president biden holding talks with both sides of the split. a

., merrick garland, to agree to proceed. then they have to go to the courts, get a grand jury convened, and it is a process. >> yes, and the d.o.j. said we're handling it by the book and no political pressure. so even though they say they want to see action here, the doj made it very clear that it is by the book. >> kristin, talk about your view. the president put his finger on the scale on a way that he said he wouldn't. and the justice department quickly came out with a statement saying, you know, we'll do our thing on our own. so we don't know what what he is going to do, but the president, do he did indicate he thinks it should be approved. >> it is great to be back, so great to be with you. he was asked if those that defy asked if he show be subpoenaed and he said yes. jen was pressed on that repeatedly yesterday and she dug in, she swiped away and said yes, he still believes it should belied up to. that it is independent from the executive branch. she said he is not backing away from the very tough comments and it come