garland to approve it and again, how does that work? >> look, at our par peril, if look who is in power and so on. 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 questionment. 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. >> the select committee subpoenaed jeffly 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 studge number three position wrote a letter attempting to get the justice department to

>> 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

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

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

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

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 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

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

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

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

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

if they do that, the big decision will come down to merrick garland. adam schiff, by the way, has been putting pressure on merrick garland. a lot of pressure on him. now, if you look at the history, will merrick garland charge, on the one hand. yes, it is a federal crime, punishing by up to one year. minimum of one month. however, if we look at the history, it's been over 50 years since doj has criminally charged anyone for this. in the last decade or so, we have seen both parties get contempt referrals. barr and wilbur ross under the trump administration. learner and holder under the obama then station. we will see if merrick garland recognizes we are in new territory here >> there is also a civil track. >> absolutely. they could go to court and try to compel the witnesses to testify and compel documents. we will have a battle in the courts over executive privilege. joe biden has said, i'm not asserting executive privilege. meaning those documents can go over to the committee. unless donald trump objects, he has made noises that he will object, but no

the current attorney general may soon have a key decision to make, merrick garland. if there is a criminal contempt referral, if these guys are 6th to show up, comply with subpoenas and congress there's a criminal referral, if you were attorney general, would you pursue charges? . >> well, i'd have to know a lot of information. a lot of things to weigh here, john, quite frankly. obviously, it's important to ensure that criminal statutes are enforced. that's the job of the department of justice. and there is a criminal statute that makes it a crime not to comply with a congressional subpoena. my sense is that general garland is fairly measured in his approach to the job. he may look to see whether or not congress would exercise other options. for example, there is a practice that hasn't been done since in modern times. civil judgment route where you go to court and obtain a civil judgment against someone who defies a subpoena. he may look to see have all other options been exercised. on the other hand, what is weighing here i think will be equally important is the rea

garland in a very difficult position because merrick garland made re clear he does in the want to get -- wade into politics and this is an extremely political moment for the justice department, an extremely political moment for someone who say former appellate judge, methodical, thoughtful. so it is a difficult question, but there is a procedure in place, and we'll see how -- to what degree merrick garland is willing to follow the procedure and that's a question mark, but it is a very real possibility. >> one thing to not get involved, but at a certain point there is a nexus of not doing your job, right, where we're going to see where that line certainly is. norm, whitney, thank you so much to both of you. >>> so today and tomorrow a panel of fda adviser will look again at covid-19 booster shots. a new study shows some people might be better off getting another vaccine than their original shot. cnn's senior medical correspondent elizabeth cohen joins us now with that. elizabeth? >> john, good morning. so these fda advisers, these are external advisers, mostly folks who are scientists

brings us right back to merrick garland. he'll have a big decision to make. >> there's a lot going on. thank you for explaining all of it. every hour today could bring new developments in this. >> absolutely. >>> on capitol hill, a critical day for the fate of the biden agenda. seems to be some movement, some progress in the standoff between liberals and progressives and moderates in the democratic party. senators joe manchin and bernie sanders, complete opposites on how much to spend and for what, they're finally meeting, talking, they say. the same goes for manchin and the leader of the progressives in the house. congresswoman pramila jayapal. biden is set to hold two in-person meetings today with both factions as negotiations heat up over infrastructure and social structure bills. let's talk about with this former ohio state senator and co-chair of the bernie sanders' 2020 presidential campaign. nina turner with us. and political commentator and former adviser to president bill clinton. nina, we see this moment playing ou

garland could intervene if he wants to. historically, most people don't actually go to trial after their cases are referred to doj. even if steve bannon is ultimately charged here, any prosecution could take a while and he could obviously appeal. so there is a long road ahead here. >> laura, separate from this, very connected, former president trump sued the january 6th committee and national archives to try to keep the records from his presidency a secret. these records that they have specifically requested. what is going on here? >> right. this fight is all about what the former president was doing and saying leading up to the riot on january 6th. the problem for him is he isn't president anymore and doesn't have the records he wants to keep secret. they live in the national archives. the man who is president, president biden, is standing by his decision not to assert executive privilege over these materials. in a new statement late last night, more forceful in tone, trump's actions are called a unique and existential thr

garland, the attorney general, still has prosecutorial discretion here. so there are a few open questions. but let's drill down on what bannon is essentially arguing. so basically what he's saying is that because the former president has said that he is trying to assert executive privilege over these records and over these communications, steve bannon is saying, i don't know what the options are because there is this outstanding question about executive privilege and hasn't been decided yet, so i don't know what my authority is. however, the committee says that that is just not a defensible argument, basically what they're saying is that he knows that his communications with the former president are not covered by executive privilege. here is a quote from the resolution that came out last night. >> the law is clear that executive privilege does not extend to discussions between the president and private citizens relating to nongovernmental business or among private citizens. the observation we made several times on this air is that steve bannon wasn't a m

if the recommendation charge willing bannon is approved, merrick garland will have to decide whether to prosecute him. joining me now is maggie haberman. good morning, maggie. >> reporter: good morning. >> i want to start with what liz cheney said. the indicates he certainly had knowledge, she said, before january 6th and was likely involved in the planning. how significant is that? >> reporter: it is certainly a significant statement. it is hard to assess. it's coming at a time obviously when they are trying to add weight to their argument as to why they should have access to records and why bannon should be held in context for defying this congressional subpoena he is refusing to comply with. it's hard to separate these things out. i think they are related. they clearly have a massed some information. >> things steve bannon has said out loud, we know he was talking about this stuff. what is your reporting on what he was doing in the days at the end of december and the beginning of january or how close he was to the president, for instance? >> reporter: we know he was speaking to th

this is going to be pressure on merrick garland, the question of supporting criminal contempt charges which was done successfully during watergate, less successfully during the 1980s. but this is a -- you want an issue of precedent, precedent is an attempt by a sitting president of the united states to overturn an election and execute a coup. if we don't enforce the laws in this circumstance, to ensure maximum transparency, that is setting up the next insurrection attempt. >> all i'm saying is watch the supreme court. because once -- if the -- they may want to grant an injunction temporarily while they decide this. >> they may. but they have to act really quickly. it has to go up through this judge and then the court of appeals and then the supreme court. it can take a while. >> john, laura, thank you very much. >>> amazing, miraculous, both would apply after a plane ran off a runway in texas, struck a fence and went up in flames. 21 people, everyone on board survived and most did so without even so much as a scratch. cnn's rosa flores live for us at the houston executive airport. ros

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

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

you have the department of justice with merrick garland saying if you're a mom and you're irate about what they're teaching your kids at school -- it is awful. but you need to be aware that your government can listen to every phone call, can discover everything about you, yank you off a plane, prevent you from flying. that's not the america i want to live in and we have to push back. >> laura: senator paul, thanks for leading in this. we warned you the left would come for the founding fathers. now the radicals controlling new york city, they're coming off city councilman joe barelli. he has an answer. and disdain for our history has been embraced by walmart. chris rufo has the latest next. one of my favorite supplements is qunol turmeric. turmeric helps with healthy joints and inflammation support. unlike regular turmeric supplements qunol's superior absorption helps me get the full benefits of turmeric. the brand i trust is qunol. >> laura: the most extreme abolish america elements on the left are embolden. you can see it and feel it. they have cultural power, they have momentum. sta

garland saying if you are a mom, angry about what they are teaching your kids at school or mandating them to be vaccinated. of your irate and upset and raise your voice you might be a domestic terrorist. former president george bush comparing moms at these rallies and school board meetings to domestic terrorists. it is awful but you need to be aware your government can listen to every phone call, discover everything about you, yank you off a plane, prevent you flying and that is not the america i to live in and we need to push back. laura: thank you for leading on this again and we want you that the left was going to come for the founding fathers, now the radicals controlling new york city are coming after thomas jefferson. city councilman joe marelli has an answer to that plus disdain for our history has been embraced by walmart, details on the latest investigation next. .. it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the las

. >> laura: merrick garland is focusing on the january 6th grandma and grandpa's commode to make sure they stay in whatever type of confinement they are in. they gave you in the explicit instructions on how churchgoers could actually vote. watch this. >> early voting has only started. the first year that you can vote on sunday. please, vote after today's surface. if you cannot vote today, please make a plan to go vote. go to iwillvote.com. >> laura: professor, this is called pushing folks to a specific website? that brings more problems to them if we had a justice department or the irs arm that was going to do something. >> it's an extraordinary video because the white house can argue that we just made the video. the violators are the churchgoers who decided to play them. but that doesn't work when the video is referencing churches and their services. those directly from church to vote. the question here, did the white house knowingly create a video to violate federal law? clearly, they are not the ones who have a tax-exempt status. but there is a serious problem if you're encouraging

. >> merrick garland is focusing on january 6th, making sure they stay in confinement. they give explicit instructions on how churchgoers could vote. watch this. >> early voting has started, this is the first year you can vote on sunday so please vote after today's service and if you cannot vote today make a plan to go vote. goes whywillvote.com. will: this is called the soul for the polls, pushing folks with specific website. does that bring more problems to them if we had a justice department or an irs prosecutorial arm that was going to do something? >> an extraordinary video. the white house could argue we made the video, the violators are the churches who decided to play them but that doesn't work when the video is referencing churches and their services, directory from church to vote so the question is did the white house knowingly create a video to violate federal law? they are not the ones that will lose their tax-exempt status. it the the churches if this was a fully enforced but there's a serious problem if you are encouraging violation. what is interesting is

it's pathetic. >> laura: merrick garland today denies that. he said we don't consider parents were angry at school board meetings to be domestic terrorists. they know this is hurting them but they dipped into the white supremacist rhetoric and kept beating that drum today. also decided to use the event today to go back to the well of questioning the integrity of our elections. >> this struggle is no longer just about who gets to vote but making it easier for eligible people to vote. it's about who gets to count the votes, if they get count at all. jim crow and the 21st century is now a sinister combination of voter suppression and election subversion. >> laura: what is he talking about here? i thought we weren't supposed to cast out our elections. >> i think we are listening to the kind of talk you might expect in a madhouse or maybe the faculty lounge. this makes absolutely no sense. counting the vote, is there any attempt to stop people from counting a vote? no. what you really have is we have a country flooded by illegals, we know from the

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