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

this is what merrick garland said about the decision about whether to 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. >> what do you think will happen? >> yeah, look, i want to say a couple things. first, when he made those comments, don, that was maybe six or eight hours before this case even existed, right? so it would have been irresponsible and inappropriate for him to go further than that. look, 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, you know, sort of didn't respond to communications and sort of was blowing off the committee. so there's a basis for a charge to say that he willfully violated a subpoena. so we shall see. >> how long do you expect it's going to take the a.g. -- a.g. garland to ultimately make a decision? >> you know, look, i hesitate to impose timing on anybody

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

>> 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

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

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

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

. >> 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.

merrick garland is looking at a very important, very difficult decision. will he bring charges? on the one hand, it hasn't been done in 38 years. on the other hand, how can he not? steve bannon is sort of the extreme example of defying a subpoena with no excuse. if merrick garland doesn't prosecute this, he's just completely knee-capping the committee and our balance of powers itself. our balance of powers is strong, but it is delicate. if congress shows they are ineffectual to get information about such a key event as january 6th, then where does that really leave congress with respect to the executive branch and a former president? >> listen, elie, bannon tried to claim, you know, executive privilege even though he hasn't worked in the white house since 2017. this is -- i want you to listen to what congresswoman liz cheney has to say about that. >> mr. bannon's and mr. trump's privilege arguments do, however, appear to reveal one thing. they suggest that president trump was personally involved in the planning and execution of january 6th, and this committee will get to the bot

what does the attorney general merrick garland do now? >> mr. bannon stands alone in his complete defiance of our subpoena. that's not acceptable. no one in this country, no matter how wealthy or how powerful is above the law. nnectg to the environment. seeing yourself as an artist - legitimate and genuine - can be transformational. daddy! for the best audio entertainment and storytelling. audible. ♪ your new pharmacy is here. to help you compare prices, and save on your medication. amazon prime members get select meds as low as $1 a month. who knew it could be this easy? your new pharmacy is amazon pharmacy. you could spend half an hour preparing for the half hour status meeting. orrr... you could cancel the meeting and share updates in slack instead. it's where your whole team is in one place so everyone can stay up to date. slack. where the future works. ♪ ♪ peerless design, cutting-edge tech, and a world-class interior. the exhilarating mercedes-benz glc. extraordinary runs in the family. >>> we're back now with our breaking news. the

if merrick garland doesn't prosecute this he is completely kneecapping the committee. and our balance of powers itself, our balance of powers is strong but it is delicate. if congress shows they're just ineffectual to get information about such a key event as january 6th, then where does that really leave congress with respect to the executive branch and a former president? >> listen, elie, bannon tried to claim, you know, executive privilege even though he hasn't worked in the white house since 2017. this is -- i want you to listen to what congresswoman liz cheney has to say about that. >> mr. bannon's and mr. trump's privilege arguments do, however, appear to reveal one thing. they suggest that president trump was personally involved in the planning and execution of january 6th and this committee will get to the bottom of that. >> they've got to prove that. how do they do it? >> yeah, it is a good and logical point by representative cheney here. i mean we know steve bannon the day before, we heard the clip earlier in your show, don, was essentially predicting and he

what does the attorney general merrick garland do now? >> mr. bannon stands alone in his complete defiance of our subpoena. that's not acceptable. no one in this country, no matter how wealthy or how powerful is above the law. - legitimate and genuine - can be transformational. daddy! for the best audio entertainment and storytelling. audible. (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 yodeling high. [yodeling] yo-de-le-he... (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm. (vo) adventure has a new look. (man 1) let's go lower. (man 2) lower, that sounds good. (vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa. ♪ pepto bismol coats your stomach with fast and soothing relief. and try

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

and, you know, merrick garland and the attorney general does have a decision to make once this referral is brought to the department of justice as to exactly how they plan to prosecute it. do they take him into a court of law? do they arrest steve bannon? could he face jail time at some point? this isn't just a cut and dried, black and white issue, so there is some decision-making that has to take place on behalf of the department of justice. and critics -- this is not me saying it, don. critics could say perhaps the president is putting his thumb on the scale in terms of the decision-making process of the department of justice. he clearly wants to see the subpoena answered. it's just a matter of how they go about forcing that compliance. >> so what is ahead, then, this week for the select committee's investigation? should we expect more subpoenas? >> reporter: so subpoenas are always on the table. the select committee has said they're interested in people getting information from certain individuals, and they feel like they're not getting compliance, they will issue subpoenas. we don't

what is likely to happen when some or all of this lands at the doorstep of merrick garland's doj? >> when it finally gets there, it certainly moving at a snail's pace, they're going to vote, and i read a report -- they hope to have the report on contempt before thanksgiving. i don't know why they're waiting so long. and then it gets to mayor garland, and he's got to make the decision about what to do. let's today he decides to go forward, which is what he should do. but that means it's gotta go to the grand jury, doesn't take very long. but then there has to be an arrest, there has to mean arraignments. ends, there will be a long discovery process. you've got to get yourself on dockets in the bc courts, and the d.c. courts are moving quickly right now. so the idea that they could wrap up this investigation this ring like they say they're going to do, and have bannon's testimony by then's fantasy. they're not going to, he's going to stall, and they're going to succeed to stall until after the midterms. if the democrats lose the house, we might always throughout time. >> okay, that'

garland. >> he's right. he's not making a controversial statement. he's saying people who break the law should be prosecuted. don, i don't like it. he stepped up to the line and look, you and i sat here for the greater part of four years talking about a president who sort of mettled in the affairs of the justice department and you tiptoe to the line. look i don't want to equate this to the conflict over the past four years. it's not the same. the president stays out and i can tell you from time when i was there, look, when you're in a joint meeting with the white house and justice department and you need to talk to the case, send the white house folks out. that's how it works. there is a level of separation between the two and this got close to it so they are pushing back. >> a comment, i get your point. comment and actual behavior, two different things considering the -- >> nope, nope, nope. >> the last administration. yeah. steve bannon is the poster child for this. how important is it he is held accountab

and then it gets to merrick garland and he's got to make a decision about what to do. let's say he decides to go forward. that means he's got to go to the grand jury. then there has to be an arrest. there has to be an arraignment. and there will be a long discovery process. you've got to get yourself on dockets in d.c. courts. d.c. courts are really busy right now. nothing is moving very quickly. so, the idea they could rap up this investigation in the spring like they say they're going to do and have bannon's testimony by then is fantasy. they are not going to have it. he is going to stall and he is going to succeed to stall until after the midterms. if the democrats lose the house, the subpoena could be withdrawn and the whole thing is moot. we've all wasted our time. >> okay. that's a lot. doctor, some nights it feels preferable to discuss the pandemic over politics. let's go there. today the recommendation on j&j boosters was expected. it was also expected they would say or do something on brand mixing, which we kind of know anecdotally people are already doing on

which means that attorney general merrick garland will have to weigh in. what do you think he will do? >> i think they'll go forward with a criminal contempt charge. that it's what i expect to happen. but i suspect some things will happen in between. first of all, bannon may try to say he's taking the fifth as a way to get out of this. he may have an attorney who ends up charting a different course. he may ultimately comply. i think for a lot of folks, just the mere fact that they may get indicted is a very good inducement to testify. so i think there is definitely some chapters yet to go. >> how long will this take, because we know the strategy in trump world is delay at all costs, and to use the legal system to do it. litigation, and so forth. >> yeah. i think it's going to take time. first of all, once the committee votes, the full house has to vote. then it goes to the u.s. attorney's office in d.c. they're going to consider carefully whether to indict. let's say they do convene a grand jury, he's indicted. i have clients where there's a backlog of yea

but the decision is ultimately up to attorney general merrick garland. as for who else could be a target? lawmakers are not ruling out anyone, including vice president mike pence or former president donald trump. >> nobody is off limits to a subpoena from this committee. >> reporter: the committee has agreed to postpone depositions with other trump advisers, kash patel, mark meadows and dan scavino to give them more time for negotiations. but the committee says their patience is limited. jake, lawmakers have a long list of witnesses lined up. next week they expect documents or depositions that they have subpoenaed from several people involved in organizing the stop the steal rally on january 6th. the following week they have subpoenaed former justice official jeffrey clark who tried to help trump overturn the 2020 laexs results. a source tells cnn at this point clark's options are really limited and he may testify now that he's under subpoena after months of talking with lawmakers. >> and i have to say, just to take a moment, this capitol police officer

if merrick garland chooses not to charge this, where does that leave the committee? where does that leave congress? where does that leave our balance of powers? where does that leave the justice department? this is a really moment of truth for merrick garland coming up right here. >> elie, we know the strategy in trump world, right, is to try to delay at all costs. usually that's through, you know, extending litigation. the m.o. was to sue people and take them to court long enough so i guess they would run out of resources or run out of time, run the clock out. is there anything more that the committee can do? >> so the committee, all they can do is get this over to doj quickly on the criminal side, get it into the courts quickly on the civil side. they can do both of those things. they should. why not? they're both available. at that point the people we need to be looking at are merrick garland on the criminal side and whatever judge in the district of columbia gets this case. look, judges can move as quickly as they want. i've had judges thoput what i thought were

if that passes, it goes to the justice department, it will be out to the attorney general merrick garland to decide on prosecution. those are broad strokes of the process of course, it could be drawn out by legal challenges or other actions. could go to a four trial. appeals could dried out for years. and steve bannon knows that. house members have also subpoenaed other former trump officials for deposition. ex panic panic on official kash patel, mark meadows, his deputy dance to be no, they were set to do to appear today and tomorrow, they've all been given short postponements by the committee. former president has related, referring to what he calls the an select committee, and said quote, they should hold themselves in criminal content. tonight, committee chairman thompson said this about whether donald trump will be subpoenaed. >> a former president trump thinks he can get away with what happened on january six, by being cute with his press releases. then, he has another thing coming. nobody is off limits to a subpoena from this committee. >> trump is facing a more immediate legal iss

>> that will be up to merrick garland. if the committee follows through, and they've made very clear they intend to, then it will shift over to merrick garland to make the decision, does he charge the federal crime of contempt of congress. and a lot of people are asking that question. my question is, how can he not? when you look at the fact here, steve bannon has zero legitimate basis. he's saying executive privilege, he's saying attorney/client privilege. those things have no application to someone who is not an attorney and was not part of the executive branch. if merrick garland chooses not to charge this, where does that leave the committee, where does that leave congress, where does that leave our balance of powers, where does this leave the justice department? this is a moment of truth for merrick garland. >> we know the strategy of trump world is to delay at all costs, usually that's extending litigation. the m.o. was to sue people until they run out of resources or run out of time, they would run the clock out. is

merrick garland, the attorney general, has said he wants the justice department under his leadership to not be political, and i guess one of the questions i have here is how much do you perceive this as a political matter? i get that republicans, some republicans think that this committee, which is bipartisan, and it has liz cheney and adam kinzinger on it, is out on a witch hunt or whatever, but there was an insurrection. there was a violent attack on the capitol. so what are the political considerations that garland has to think about? >> well, there are, as you say, jake, there are very serious legal issues at play here. let's not kid ourselves. anything with respect to -- any decision with respect to a possible prosecution is going to become politicized. there is just no way around it. and merrick garland, i think, is going to be very careful in the decisions he makes because he doesn't want embroiled at the department of justice into a political food fight. i think he is probably going to be careful, be measured, he wants to be able to stand up to the american people at some poi

it will be up to merrick garland. paula reid, how is this process going to work? >> on tuesday they say they are going to get to work. they are going to have a meeting where they will adopt a report detailing how they tried to get bannon to comply with the subpoena and how he refused. they adopt that report, it will move to the house for a vote. if that succeeds, it will be referred to the justice department. so ultimately it's up to attorney general merrick garland if he wants to move forward with a prosecution. it's unclear how he will handle it. bannon has said he is not going to comply unless he is ordered to do so by a court and he notes the fact that the former president has directed him not to comply because he wants to raise issues of privilege. today the committee said we reject that argument in its entirety. now, if he is prosecuted and found guilty, he could be looking at a fine and even jail time. look, jake, this is not a common kind of proceeding. it rarely results in jail time p but i spoke to the lawyers, even in the trump orbit, who say jail could

garland to approve it and again, how does that work? >> look, at our peril, we try to assume what people might do. the way it would work is congress will just approve making a referral to congress -- to the justice department for prosecution for criminal contempt and again, they can also file a civil suit in the federal court in washington d.c. and then it's up to the justice department to decide whether to pursue it. look, i'm certain that even if they're not talking, which they probably wouldn't be now, the justice department is at least thinking about how to proceed on this question. this is a huge public interest to at least not consider what will happen if tomorrow at 12:01 a.m. steve bannon does not show up, the justice department ought to be prepared to know how they're going to proceed. >> the select committee subpoenaed jeffrey clark. there's been a lot of reporting about his role in trump's attempts to overturn the election. tell us about him. >> jeffrey clark is the trump stooge who was installed at the trump justice departme

. >> that will more than likely be a topic for attorney general merrick garland, when he testifies before the house judiciary committee next week. meanwhile the white house focused on trying to head off an economic crisis, caused by supply chain disruptions. empty shelves escalating prices for goods, or now realities for so many americans. just ahead, we will have more on what the administration is planning to do about that. meanwhile, we may soon know more about boosters for people who received the moderna and johnson & johnson vaccines, and fda advisory committee will meet tomorrow and friday to decide whether to recommend additional shots. one new study on boosters is now getting a lot of attention, and deservedly so. research from the nih shows the j&j vaccine recipients may fare better, with a second shot of another brand. either moderna or pfizer. we have a doctor, a leading expert in fact standing by to take our questions on all of this. in just a few minutes time. but first, let's bring in our starting line show we. on this wednesday night. the white house correspondent for the pb

. >> that will likely be a topic for attorney general merrick garland when he testifies next week. meanwhile, the white house focused on trying to head off an economic crisis caused by supply chain disruptions. empty shelves and increased prices are a reality for so many americans. meanwhile, we may soon know more about boosters for people who received the moderna and johnson & johnson vaccines. an fda advisory committee will meet tomorrow on whether to recommend additional shots. one new study is getting attention, and deservedly so. showing j&j vaccine recipients may fare better with a second shot from a different brand. we have a doctor, a leading expert standing by to take our questions on this in a few minutes' time. but first, let's bring in our starting line on this wednesday night. yamiche alcindor, claire mccaskill, and robert costa. his latest book, "peril," is currently at the top of "the new york times" best-seller list. claire, to channel your prior experience as a prosecutor and member of congress, tell us the scope of what this committee is likely looking for from a