earlier merrick garland was asked about what he would do >> we will do what we always do, apply the facts and law and make a decision >> bannon's prosecution could send a message to the other former trump aides also subpoenaed by the committee. we have full analysis. ali? >> a near party line vote, what we expected. but nine republicans broke with the party sending it over to the justice department among those nine faces your viewers may know well. seven voted to impeach donald trump for the role they say he played in the january 6 insurrection one of those said although she didn't vote previously, she did vote to bolster the subpoena for when and if the republicans retake the house, she wants them to have that advantage as well r representative banks >> the committee is engaged in a sham investigation conducted by a sham committee >> and if we are tracking people who did and didn't vote here, it's notable former vice president mike pence's brother, greg pence, did not vote at all. but now a look at what comes next this will land at the steps of the justice department it is said they shou

., 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

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 question is, will merrick garland put him in jail? steve bannon's refusing to testify about his interactions with trump in the lead-up to the deadly capitol insurrection. >>> and an fda advisory panel voted unanimously today to recommend an extra half dose of moderna's covid vaccine for americans 65 and older and adults at high risk. and now you know the news. this thursday, october 14th, 2021 i'm shepard smith. follow us on twitter and ig at the news on cnbc you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. >>> it is 5:00 a.m. in new york and here's your top five at 5:00 call it an earning rallies stocks coming off the best day since march. futures they are popping. >>> a big green light for moderna, the fda clearing the way for the second booster shot. >>> falling back to earth, trouble, richard branson and his plan to get tourists to space as early as next year. >>> busted at boeing, a former employee at the center of the 737 m

when i see -- in every single reply, he says merrick garland, he says the attorney general. it seems to me, that the public strategy of the committee today, publicly became, it's merrick garland time. we need the justice department to enforce, this subpoena. >> in the previous administration, this white house and this president, i have to stay out of this. this is the kind of decision the attorney general makes his own. lawrence, merrick garland is concerned about the independence of the department, he doesn't want to look like you're bringing political prosecutions, against the former administration. but he also has to be concerned about the message it would send if he does not bring a case, unless steve bannon get away with giving congress the finger. nobody likes to be pulled in front of the congress of the united states. and forced to turn over documents and it's submit to a deposition. why would anyone else show up if there are no consequences? >> and, jennifer, when we see the committee moving to this stage of criminal contempt, as quickly as they have. it's another pu

the question is, will merrick garland put him in jail? steve bannon's refusing to testify about his interactions with trump in the lead-up to the deadly capitol insurrection. >>> and an fda advisory panel voted unanimously today to recommend an extra half dose of moderna's covid vaccine for americans 65 and older and adults at high risk. and now you know the news. this thursday, october 14th, 2021 i'm shepard smith. follow us on twitter a welcome to allstate. ( phone notification ) where you can pay a little less and enjoy the ride a little more. now, get new lower auto rates. you're in good hands with allstate. click or call for a lower rate today. it's another day. you're in good hands and anything could happen. it could be the day you welcome 1,200 guests and all their devices. or it could be the day there's a cyberthreat. only comcast business' secure network solutions give you the power of sd-wan and advanced security integrated on our activecore platform so you can control your network from anywhere, anytime. it's network management

lawrence, merrick garland is probably concerned about the independence of the department. he doesn't want to look like you're bringing political prosecutions against the former administration. but he also has to be concerned about the message it would send if he does not bring a case and lets steve bannon get away with giving congress the finger. nobody likes to be hauled in front of congress of the united states and forced to turn over documents and submit to a deposition. why would anyone else show up if there are no consequences? >> jennifer, when we see the committee moving to the stage of criminal contempt as quickly as they have, it is another public declaration by the committee in effect that we know how urgent this is. we know that if we don't move immediately we can lose all of the ground here that we have and the time can run out. we heard committee members today saying that they are in some negotiations with some other witnesses but if they get the feeling that those negotiations are just a delay game, they're going to hit them with the criminal contempt also. >

the question is, will merrick garland put him in jail? steve bannon's refusing to testify about his interactions with trump in the lead-up to the deadly capitol insurrection. >>> and an fda advisory panel voted unanimously today to recommend an extra half dose of moderna's covid vaccine for americans 65 and older and adults at high risk. and now you know the news. this thursday, october 14th, 2021 i'm shepard smith. follow us on twitter and ig at the news on cnbc or lines for family members, you'll get great value on america's most reliable 5g network. like 2 lines of unlimited for just $27.50 a line. only at t-mobile. you could wait... all night... for an email response from steve, who will sign back in at 9 am tomorrow morning. orrrr... you could find the answer right now in slack. and give steve a break. slack. where the future works. it's another day. and anything could happen. it could be the day you welcome 1,200 guests and all their devices. or it could be the day there's a cyberthreat. only comcast business' secure network solutio

we do not know how quickly the merrick garland justice department will be able to move on this. and you know, in the past, these kinds of things have been able to be handled very quickly. what is your expectation on a timetable at the justice department for this? >> i'm expecting they can move pretty quickly. the justice department has a rule that they will not prosecute someone for contempt of congress if they are refusing to testify, because there's been a legitimate claim of executive privilege by the president of the united states. that will be pretty easy for the attorney general to pick up the phone, call the white house counsel and say, did the president, did president biden invoke executive privilege for geoff clark or steve bannon or any of these witnesses? and when the answer is no, as we know the answer. is it's a pretty straight up and down prosecution. i actually think the justice department can do more to send a signal to these witnesses, and all of the other witnesses we know, this committee and other committee want to talk to you from the trump administration, by

we don't know how quickly the merrick garland justice department will be able to move on this, and in, you know -- in the past these kinds of things have been able to be handled very, very quickly. what is your expectation of a timetable at the justice department for this? >> i would expect they could move pretty quickly. look, the justice department has a rule that they will not prosecute someone for contempt of congress if they are refusing to testify because there has been a legitimate claim of executive privilege by the president of the united states. it ought to be pretty easy for the attorney general to pick up the phone, call the white house counsel and say, dana, did president biden invoke executive privilege for jeff clark or steve bannon or any of these other within witnesses and when the answer is no, as we know the answer is, it's a pretty straightforward prosecution. i think the justice department could do more, by just making it clear that if you are not the subject of an executive privilege assertion by the sitting president of the united states, not donald trump but jo