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

. >> 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

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

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'

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

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

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