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

garland suspended federal executions to allow them to review the policies and procedures. with this case they're defending the death sentence martin richard was the youngest killed in the attack he was 8 his parents wrote an essay in 2015 asking for the death penalty to be dropped. we know that the government has its reasons for psyching the death penalty, but the continued pursuit of that punishment could prolong living the worst day of our life for months. >> it has been 8 and a half years since the bombs went off and this story continues he's being held in a super max prison called the alcatraz of the rockies. >> perry russ some live in boston >>> what does it feel like, havana syndrome? american diplomats stricken with a mysterious condition are now speaking out to andrea mitchell. >> what i have is an exposure. what did the neurologists tell you about the changes in your brain? >> he said, well, it's like you aged, you know, 20, 25 years all at once. >> how is your health today? >> it's not easy to talk about our health because it's an invisible injury it's 4 1/2 year

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

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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

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