attorney general merrick garland wouldn't say today what he is going to do, saying only the doj, quote, will apply the facts and the law and make a decision consistent with the principles of prosecution. david? day long for us.owing this all - jon, thank you. >>> and overseas tonight and we're following a developing headline at this hour involving queen elizabeth. >> we have learned that she spent the night in the hospital. she's now back home at windsor castle, but of course, a trip to the hospital always gets attention for the 95-year-old queen. so, let's bring in james longman live in london tonight. and james, what do we know about the queen's visit to the hospital? >> reporter: yeah, david, well, the queen is back at windsor castle tonight. we don't know exactly why she went into the hospital. buckingham palace is always very tight-lipped about her health. she went in yesterday, she came out at lunchtime today. she was last seen hosting a reception on tuesday night at windsor castle after which she was told by her doctors that she could get some rest, so, that is what she did. the

garland's department to decide what's next for stephen. congressman gerry me raskin who's a democratic artisan in maryland, who issued that subpoena to steve bannon last month. today's vote came down, roughly where i thought it was. the way if i had to give over under, probably a few more republican votes than i would've guessed. what did you think? >> yeah, there are definitely more republican votes than i was expecting. given that kevin mccarthy was whipping the vote very hard, to try to get everybody on the side of not issuing the criminal contempt referral from bannon. so, i was pleased that there are both a number of people on the republican side who had voted to impeach donald trump, also in this group, but there are also some new ones like nancy maze from south carolina who is my counterpart on the oversight subcommittee on civil rights and several liberties. she just said she believes in the rule of law, and how can congress, with a straight face, go forward in ever issue is subpoenas again, if we're not gonna see anybody else subp

., merrick garland, to agree to proceed. then they have to go to the courts, get a grand jury convened, and it is a process. >> yes, and the d.o.j. said we're handling it by the book and no political pressure. so even though they say they want to see action here, the doj made it very clear that it is by the book. >> kristin, talk about your view. the president put his finger on the scale on a way that he said he wouldn't. and the justice department quickly came out with a statement saying, you know, we'll do our thing on our own. so we don't know what what he is going to do, but the president, do he did indicate he thinks it should be approved. >> it is great to be back, so great to be with you. he was asked if those that defy asked if he show be subpoenaed and he said yes. jen was pressed on that repeatedly yesterday and she dug in, she swiped away and said yes, he still believes it should belied up to. that it is independent from the executive branch. she said he is not backing away from the very tough comments and it come

attorney general merrick garland testified today and giving to hint as to what he will decide to do. joining us now is joyce vance. if the house refers to bannon has is respected with all republicans going against, is the attorney general going to go ahead and charge him? what do you think the justice department will do? >> it is hard to predict what this justice department right now. what merrick garland has done is committed that doj will use the same principals of federal prosecution that they have used to decide in any other situation whether or not there should be an indictment. whether or not that is evidence to obtain and sustain a conviction. if it the prost kus is a matter of national interest, and and i suppose it is possible that he could, the civil remedy is sufficient. in a case like this where there is just a raw effort for the oversight abilities, this would be the case. >>. >> what about the prosecution? is it contempt? >> thee ratically congress can file a lawsuit and we saw them do that with don mcgann and it was 750 days from the time he was subpoenaed to when he a

it will then be in the hands of the attorney general merrick garland to begin the prosecution phase of this. at the end of this, it is all about the committee trying to get this information from steve bannon. they also are hoping to send a message to the other individuals they would like to cooperate with the committee. they aren't messing around. they will do whatever it takes to get that information. ryan nobles, cnn, on capitol hill. >>> well, of the 11 people the committee has subpoenaed, bannon is the only one to defy the call to testify. members of the committee explain the importance of hearing from him to reconstruct the days leading up to january the 6 and to send the message the committee intends to enforce the rule of law. take a listen to this. >> we have to hear from the people who were closest to the former president at the time of january 6th and we're familiar with his thinking and can understand as liz cheney said, things we know publicly from public statements that the president, the former president was aware of these things going on around him. and, you know, made c

garland. at this point, it's unclear what the attorney general will do, but we know two things. one is that the attorney general is facing a lot of political pressure, and according to experts i've spoken with, bannon has made the decision a little bit easier for him. in terms of the political pressure, late last week, president biden said that he believes, yes, bannon should be prosecuted for contempt. that is notable because the justice department is, of course, supposed to be independent, but other democratic lawmakers have also come out and said they want this prosecution because they believe if there are no consequences for refusing to comply with the subpoena, they won't be able to do their job. but the justice department has come out and said they will make an independent decision based on the facts and the law, full stop. now, in terms of the case before the attorney general, potentially, if this continues to move forward, i'm told by legal experts on both sides of the aisle that banno

garland. garland was on capitol hill today promising lawmakers that he would make that decision based solely on the law. cnn's ryan nobles is on capitol hill, so ryan, explain what we will see this afternoon. >> reporter: well, what we're going to see, victor and alisyn, is a pretty standard legislative process here. this particular resolution offering up a criminal contempt referral of steve bannon has already made it through two different house committees and today it will come to the floor of the house of representatives. they will have about 20 minutes of debate around this -- i'm sorry, an hour's worth of debate around this particular issue, and then the members will vote, and we expect that vote to really fall along partisan lines. all the deputies expected to vote for it and maybe just a couple of republicans voting for it while the vast majority of republicans will vote against it. from there, the criminal contempt referral will then head to the u.s. attorney's office here in washingto

this is going to be a legacy-defining decision for merrick garland. look, he's under political pressure, adam schiff and other members of the committee have been out there essentially saying we're counting on you, mr. attorney general. joe biden was asked by our kaitlan collins do you think bannon should be charged with criminal contempt and he said straight up yes, i do. doj pushed back on that, but ultimately it will be merrick garland's decision. >> so remind us about how criminal contempt stacks up in the committee's legal toolbox because it is rarely used and what kinds of consequences are there if convicted? >> yeah. so there is a federal crime for contempt of congress. if a person receives a subpoena and defies it without a good legal reason, that is a crime. now, it's a misdemean are o. misdemeanors are the less serious variety of crimes or the more serious crimes so the maximum penalty is one yore or 12 months behind bars and a $1,000 fine. however, an interesting wrinkle here is there is a mandatory minimum of one month in prison, so if stev

and doj, again, merrick garland, there's a lot of pressure on merrick garland. joe biden has said he thinks this case should be charged. so all three of those actors need to stiffen up and show some spine here. >> we saw the justice department say that they'll be making the decision, not the president. the chair of the january 6th committee congressman bennie thompson told cnn earlier this week that the committee has not ruled out subpoenaing the former president donald trump in that, quote, nobody is off limits. adam kinzinger was asked about this earlier this morning. here's what he said. >> if we subpoena all of a sudden the former president, we know that's going to become kind of a circus so that's not necessarily something we want to do up front. but if we need a piece of information, we certainly will. >> some hesitancy to bring him in here and create a spectacle, which is what would happen. >> i'm spectacle they will subpoena the former president. it would be a circus. let's be clear here, the focus of all of this, the central focus here is donald trump.

merrick garland has to stand up here and do his job, even if it may be difficult. >> what do you think the chances are that happens, elie? >> i'm split on this. on the one happened, merrick garland has not shown a lot of appetite for anything that may be politically fraught during his time here. i think he's undercharged some of the january 6th defendants. i think he's not gone high up enough in the chain. he's shown no interest in investigating anything relating to donald trump. the steve bannon case in particular is so extraordinary, his claim of executive privilege is so utterly ridiculous that you can't just let it go with no consequence. >> here's the thing, yes, the politics are messy. this is not the first time that politics have been messy or sensitive with an issue like this. but january 6th, and what happened prior and afterwards, a sitting president trying to overturn the results of an election, using multiple levers of government is inherently political. it is weaponizing politics, so is this a case, right, where you have to pursue the criminal path because otherwise there

garland? >> quite possibly. you would normally give the witness an opportunity to at least show up. common sense dictates, and every indication we have is that steve bannon is not going to, but it benefits congress when they go too court eventually to say they called this witness in, he chose not to comply and he is acting in violation of the subpoena. they have a few options. two big ones are, one, they can go to the justice department and seek a criminal penalty. that doesn't get you the testimony. that just punishes him for breaking the law. that's leverage they could have. they could sue him to enforce the validity of the subpoena. they're free to take those steps. you punish him in one sense but compel him to testify in another sense. we'll have to see what happens as this plays out. >> i'm curious about where this ultimately leads, right, because beyond those support players, the question is what did the former president attempt to do and can congress prove it, right? they had eight hour

attorney general merrick garland at the center of a legal and political firestorm. we'll have live team coverage next. [coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ [suitcase closing] [gusts of wind] [ding] the sleep number 360 smart bed is on sale now. it helps keep you effortlessly comfortable by sensing your movements and automatically responding to both of you. and, it's temperature balancing to help you stay comfortable all night. it even tracks your circadian rhythm, so you know when you're at your best. in other words, it's the most energy-building, wellness-boosting, parent-powering, proven quality night's sleep we've ever made. and now, save up to $1,000 on select sleep number 360 smart beds and adjustable bases. only for a limited time. to learn more, go to sleepnumber.com. some things are good to know. like where to find the cheapest gas in town, and which supermarket gives you the most bang for your buck. something else that's good to know? if you have medicare and medicaid, you may be able to get more healthcare be

. >>> right now attorney general merrick garland is about to answer questions from the house judiciary committee for the first time. it is expected to be a contentious hearing as lawmakers will likely press him on the enforcement of subpoenas from the january 6 committee as well as the capital riot, voting rights, migrants at the southern border and the ongoing abortion ban in texas. >> cnn justice correspondent jessica schneider is joining us live from washington. as jim pointed out, expected to get contentious. i think we're all waiting for a little bit of that. we also have a sense of what merrick garland is going to say going into this. >> the interesting thing about this, this is a standard oversight hearing. this is a chance for committee members on the judiciary committee to question the attorney general about what's happening at the department of justice. you can bet that the attorney general will do everything he can to steer it to a conversation about what the department of justice has done in his seven months at the top and what it will continue to do. in his opening stateme

visit indeed.com/hire >>> all eyes now on attorney general merrick garland after the house voted to hold steve bannon in contempt of congress. nine republicans voting with all 220 democrats to pass the resolution. so now it's up to the justice department to decide whether to prosecute the trump aide. >> the vast majority of republicans deciding not to enforce a subpoena from their own chamber. members of the january 6th committee believe he had significant knowledge around the planning of the capitol attack. whitney wild joins us. you look at this. there are a lot of steps here waiting for a decision from the justice department, but how about in the investigation itself? >> well, they're still moving forward. this, as i have said before, this message to bannon was also meant to be a message for anyone planning to defy the subpoenas. there's an expectation people are supposed to be handing over documents this week and next week. the assumption is those documents are rolling in. several people know many of the people who have been subpoenaed are cooperating, and by cooperating we mean actu

. >> proof in the pudding is going to be whether merrick garland and the justice department get off the bench and get in the game. >> right, that's right. >> i totally agree with that. >> it will be up to doj, 100%. >> it is, which is why congress couldn't wait to get it to them. that's why they're going to have their vote. jimmy, the only reason this doesn't go bad is because the optics are bad. when you started mentioning biden, i thought you were going to say, does biden really want to make bannon a martyr? does he want to have this guy sitting out there as someone who seems he was unfairly punished? although i don't think that's true under the facts. i've got to jump. i appreciate it. ben, thank you very much. jimmy, appreciate you, thank you for not running away when your picture went out, i know you had second thoughts. no, i'm kidding. thank you very much to both. >>> we're going to keep an eye on tonight's breaking news at the top of the show. we have learned former president bill clinton was hospitalized tuesday. he's still in the hospital now. not about his heart. does not sou

. >> so merrick garland was keeping it close to the vest. i will apply the law and the facts. no kidding. what will the outcome be? do you think he'll bring charges himself, go to a grand jury or neither? >> well, a federal law says that upon certification by the speaker and after we pass this successful bipartisan vote the speaker will certify and it will go to the u.s. attorney for the district of columbia where they have a duty, and the federal law specifically mentions that, a duty to bring it before a grand jury. and so that's our expectation is that they will do just that, and this was a victory for the rule of law. and if we follow the law, then that will be the end result. >> it will be quicker if he just does a felony warrant on his own or just does his own charges, which you can do in other matters. is he not allowed to do that? is the duty a must, or is it a must to do something? >> well, they always maintain their prosecutorial discretion but the law specifically says duty. so our expectation they'll do that and bring it before a grand jury. what people need to und

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

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

. >>> attorney general merrick garland testifies before the house judiciary committee today. they are wrestling with several contentious issues including enforcement of the january 6 committee's subpoenas, voting rights, and texas new abortion law. >>> seating a jury city proving to be a trial against three white men who killed black jogger ahmaud arbery in georgia. he was shot after the men chased him down in their pickup truck. the judge asked 19 potential jurors if they wanted to serve on the case. none raised their hands. >>> the nfl agreed to stop using race as a factor in dementia testing. it excluded black players in concussion claims. retired black players can now be reevaluated for concussion awards. >>> smoke from wildfires may prove more harmful to people in the eastern u.s. than the west. a study shows about 75% of visits to the e.r. for asthma cases and deaths in recent years occurred east of the rockies. >>> today the team from nyu langone health will discuss a historic transplant. for the first time ever, a pig kidney has been transplanted into a human and not

merrick garland in his opening statement said this was an intolerable assault on the capitol, the capitol police, and the transfer of power, of fundamental premise of our democracy. so given that, given that bannon was not an employee, therefore, there is no executive privilege, therefore, and because there is a valid legislative purpose here -- remember, after 9/11 it passed the usa patriot act after january 6th. they're most likely looking at other legislative corrections. so everything here indicates an indictment is warranted because congress must assert its power under these circumstances. >> all right. we'll see how quickly the acting u.s. attorney acts and how much we hear out of him. michael zelden, former federal prosecutor, nice to see you. >> thanks. >> thank you. >>> planned testimony in the first trial of the capitol riot defendant could highlight the per it including official mike pence faced during the insurrection. vice president had to be whisked away as rioters chanted, "hang mike pence" outside the capitol. the justice department plans to call a secret service official

one thing we know about merrick garland, he's a laumw man. he's not going to turn his back on this and in a clear case like this, it can move quickly and i have to ask what does bannon have to hide? why not come in and cooperate? why is trump covering all this up? why are we having this sto stonewalling that we had in the white house when he was there? they're hiding and it's not going to work. >> will any of this actually scare bannon or get them to comply? >> it's hard to know. i mean -- this is something that appeals to his demographic, his fans. >> fair. >> that he's fighting the democrats in congress and he's standing up for donald trump. this thing is going to play itself out. he does not have a president who's likely to pardon him for anything. that's a potential problem for him. i think right now he wants to run the string out on this as well. to a certain group of people he's a hero and a martyr as a result of this. you can say in a way this is fine with him. i think he knew, steve bannon knew what he was doing. >> well -- he may be

but ultimately, this is going to be a defining moment for merrick garland. there's political pressure on him. the committee is publicly applying pressure to him. the president of the united states said he wants to see this charge. doj pushed back and said we are going to make this decision independently. however, if mairk garland takes on this fight and he should, it is going to be a tough fight but sometimes as a prosecutor, that's what you have to do. but if he does not, if he says i am he not charging this, he will knee cap this committee. he will prevent them from compelling testimony -- >> thank you very much. so, you know, tonight, we did hear from donald trump and under oath -- well, not we but somebody did. the former president just leaving trump tower because he gave a videotaped deposition for four and a half hours and the purpose of this was to see if he could be held responsible for an alleged assault of protestors outside of the building in 2015. the demonstrators were protesting trump's anti-immigration rhetoric during the campaign. they claim

merrick garland needs to make his own decision. he has lots of good reasons to rule as norm eisen says. but it's got to be the ruling of the department of justice without any undue pressure from the president of the united states. >> so, laura, steve ban's lawyer has asked the committee to delay tonight's vote for at least a week because of trump's lawsuit, right? which was filed last night. right? when trump is -- is suing to prevent, you know, 45 unknown documents from coming out from the national archives to the committee and bannon's lawyer's saying, okay, we got to wait to see how that goes. and the committee needs to wait on that before, you know, talking to bannon. the committee denied their request. so, does that -- does that change this at all in terms of do you think they'll be successful at getting more delays because of trump's lawsuit? >> the -- the committee should have denied his request because remember when you get a subpoena, you have an assertion of privilege if it's valid, you have got to prove it. but it doesn'

will merrick garland prosecute bannon? >>> and president joe biden about to face voters in cnn's town hall. anderson cooper is getting ready for that up to hall right now and will join me next. let's go outfront. >>> good evening, i'm erin burnett. we are less than one hour away from cnn's town hall with president biden. anderson cooper will join me in just a moment for a preview. you can see that live location there in baltimore, maryland. first, we have breaking news. the fbi just confirming the human remains found in that florida nature reserve are indeed those of 23-year-old brian laundrie. the news coming exactly one month after we learned that laundrie's fiancee, gabby petito, was murdered in wyoming by strangulation. tonight we're also learning about a crucial piece of evidence that could shed light on how petito died. a note booker discovered near laundrie's remains we're learning tonight is possibly salvageable, according to a source. leyla santiago is live. i know you had a chance to speak with an official from n

merrick garland was unaware of it. how is he unaware of it? they pushed through, they injured a police officer, nobody gives a damn. when the portland courthouse, a federal courthouse was attacked night after night with fire and all kinds of stuff, when the police were under attack, who nancy pelosi called stormtroopers, merrick garland says "well, that is not domestic terrorism because nobody there, it was happening at night." meanwhile, they got your parents. liz cheney concerned about that? not in the least. now we have a big problem in this country, ladies and gentlemen, we have a rogue presidency, we have a rogue department of justice, we have an out-of-control democrat-controlled house. by three votes. the democrat-controlled senate. 50/50. by the luck of the constitution, the vice president breaks the tie, and what do they want to do? what do they say they want to do? fundamentally transform our economic system. well, you have a choice. free-market economic system that you have in free countries, that respects individuals, creates growt

so congress doesn't actually have a ton of power, and we don't know what merrick garland is going to do. he wants to aid the investigation. but at the same time the administration wants to show that the doj is independent. so we don't know, and even if they do decide to pursue criminal charges, it's going to wind up in a lengthy court battle. so it could take years to resolve. the truth is the committee doesn't have that type of time. the house could flip to republicans next year, and then this whole select committee would go away. >> having lived through the two impeachment investigations, specifically the first investigation where i feel like the former president's lawyers figured out that you could basically destroy the investigation by just saying no to absolutely everything. is this going to be the same situation where everybody's waiting for three years to see anything about anything? and by that point everybody's moved on. >> i think it very well could be, which is not only, it's a shame mostly because the american people deserve to sfaknow what happened on january 6th, the fu

garland is very methodical. so the question is just because this is biden's white house, biden's doj, does doj move very fast on this and the democrats don't know the answer. >> this is the question of a power of a person who was president versus the power of the presidency and that's ultimately what's at stake here. the privilege is meant to protect the institution so there can be democratic governance, not to protect individuals so that they can, you know, work around government. >> and the question do both the political and legal systems get the urgency of this, the urgency that have day and the urgency of the truth, the don mcgawn subpoena in the impeachment inquiry, the case ultimately settled in may 2021 so in the past, rear view mirror, this can take too long. the question is what is it like out the windshield. meetings, signs of progress. lawmaker meetings and key players in the biden agenda. they are all getting together, too, but are they cole vinagre anything? oh! are you using liberty mutual's covera

it's a sign of how deeply and troubled our democracy is. >>> attorney merrick garland helps to contain protesters violent. republicans criticized garland for an october 4th em memo issued. they're asking the biden administration to make action. >> the sometimes over school rules surrounding the pandemic and sometimes over what conservative charged are history that's two lessons -- >> the charge the attorney general repeatedly denied adding of any effect on the curriculum talking or the ability of parents to complain. what we have seen is undeniable and we have seen aggressive behavior by some parent and that goes down to mandates and about masks and critical race theory and the question that comes up to the governor's race that's disposed a lot on education, there is no denying that's ham ng the school board, what about this memo from the justice department set off republicans? >> yeah, it's the republican feeling clearly as we have seen around the country that the parents have the right to protect these man days and have much more influence, why is education has become the number one

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

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 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

the nnon issue now goes to the justice department, headed by attorney general merrick garland. before today's vote, garland opted not to tip his hand to whether the department will ultimately 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. >> woodruff: the department is already in the middle of prosecuting hundreds of defendants facing criminal charges of their own, stemming from january's riot. now, for a deeper look, i am joined by josh gerstein, senior legal affairs reporter for "politico." josh gerstein, thank you so much for joining us. first of all, tell us again how ordinary is it for the congress to say that someone is in contempt of a committee? >> well, that's happened i think increasingly frequently in recent years, judy. we've seen a number of citations, former attorney general eric holder was cited. former attorney general bill barr was cited. what's really unusual here is to have a criminal referral that the justice

the bannon issue now goes to the justice department, headed by attorney general merrick garland. before today's vote, garland opted not to tip his hand to whether the department will ultimately prosecute him. >> we will apply the facts and the law and make a decision consistent with the principles of prosecution. judy: the department is already in the middle of prosecuting hundreds of defendants facing criminal charges of their own, stemming from january striate. -- stemming from january's riot. now, for a deeper look, i am joined by josh gerstein, senior legal affairs reporter for politico. thank you so much for joining us. tell us, how ordinary is it for someone to say that -- for congress to say that someone is contempt of committee. >> we seen a number of citations, former attorney general eric holder was cited, what is really unusual here is to have a criminal referral that the justice department may seriously look at. it has been about 40-45 years since the justice department has brought a case under this particular criminal contempt of congress statute. judy: so remind us,

attorney general merrick garland said the focus will be on mortgage lending, and patterns of racist policies. it's the first such crackdown since the obama administration. and on wall street today, the dow jones industrial average gained 74 points to close at 35,677. the nasdaq fell 125 points. the s&p 500 slipped five. still to come on the newshour: on the border. crossings into the u.s. from mexico reach an all-time high, as an alarming new report details claims of abe by immigration officials. david brooks and jonathan capehart break down the state of play over president biden's spending bill. a cuban lens. one of the country's most celebrated avant-garde painters gets his due in the united states. and much more. >> nawaz: as we reported, beginning today, covid-19 booster shots for both moderna and johnson & johnson are available to eligible populations. the c.d.c. issued that guidance after an advisory committee unanimously approved it yesterday. the f.d.a. also authorized mixing and matching vaccines and boosters. to help viewers understand more about what they should consider, i'm join

police week continues into police weekend this weekend attorney general merrick garland will honor the fallen, president joe biden will do the same saturday at the u.s. capitol. bret. >> bret: david spunt at the doj. thanks. up next, the treacherous journey through central america on the way to the u.s. southern border. we will take you there and we will hear from some migrants who survived it. first, here's what some of our fox affiliates around the country are covering tonight. fox 2 in separate cisco, where it's the first day for the city's first responders to be fully vaccinated or risk losing their jobs. the san francisco police association says 120 officers there will be on paid administrative leave. the fire department confirms 41 firefighters are in the same situation. fox 46 in charlotte as south carolina attorney alex marlow is arrested in connection to insurance settlements obtained after the death of his housekeeper in 2018. he's charged with two felony counts of obtaining property by false pretenses. lawyers say the housekeeper's heirs never received money after the fatal

garland, he has launched this partisan lawsuit against georgia and its voting rights. he has this letter out about parents going to school boards. now up the president making this comment. all it does is undermine what little bit of trust had been rebuilt but perhaps this department is going to operate separate and above politics and with its eye, instead, on justice and the law. >> bret: yeah. brit, a little bit of an audible here just in the past few minutes a meeting on capitol hill between senators sanders and manchin and over the weekend. senator sanders wrote an op-ed in west virginia newspaper going after senator manchin for failing to support what he called the human infrastructure bill. what was originally billed as 3.5 trillion and now obviously is getting scaled back. they had a good talk. both of the gentlemen say. but it doesn't seem like this is moving forward, brit. >> it does not. so far, but one has to believe that in the end after all manchin has said he would favor a spending bill a social spending bill just not one as big as the staggering 3.5 trill

expect lawmakers to ask attorney general merrick garland if he will prosecute bannon at a hearing tomorrow. fox has told some gop members will vote yes for bannon because they don't like people ignoring congressional subpoenas. bret? >> bret: chat -- chad pergram. up next, how russia is dealing with afghanistan now that the u.s. gone. >> the american people lost, the afghan people lost. the winners are russia, china and iran. ♪♪ we believe everyone deserves to live better. and just being sustainable isn't enough. our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ this isn't just freight. these aren't just shipments. they're promises. big promises. small promises. cuddly shaped promises. each with a time and a place they've been promised to be. and the people of old dominion never turn away a promise. or over promise. or make an empty promise. we keep them. a promise is everything to old dominion, because it means everything to you. >> bret: welcome back to the port

attorney general merrick garland in the hot seat answering multiple questions from republicans about his october 4th memo that directs the federal bureau of investigation working with each united states attorney to convene meetings in each federal judicial district within 30 days of the issuance of this memorandum. >> i think your memo was the last straw. i think it was the catalyst for a great awakening that is just getting started. >> the memo issued five days after the national school board association wrote to president biden about the rise of threats by parents to school board officials writing these heinous actions could be the equivalent of a form of domestic terrorism and hate crimes. >> not in a million years did we dream that one day we would see the justice department treat american parents as domestic terrorists. >> but garland said his memo doesn't use the words domestic terrorism or patriot act. >> i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children, nor can i imagine a circumstance whe

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

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