bernard carrick coming out swinging, what he's saying. >>> plus a new legal setback for trump lawyers. a judge denying their emergency motion to temporarily block the national archives from turning over white house documents to the january 6th committee. we got a lot going on this afternoon as always, a lot going on right here in washington, where i'm posted up with the rest of our nbc news team. leigh ann caldwell, kelly o'donnell, pete williams and chuck williams, former msnbc contributor. pete, the news about this new hurdle potentially right for team trump as it relates to secret documents the committee investigators want to see that team trump doesn't want them to see. >> you talked about witnesses. this is about the documents they want from the national archives the january 6th committee. i don't know if i'd describe this so much as a setback as a miniature review for the trump lawyers about how the law actually works. we're waiting for a district court judge here in washington to rule on the main question in this case, how much executive privilege does a former president like d

the final subpoena today went to another familiar name, bernard carrick. boy. that's a name. a former commissioner in the new york city police department who pleaded guilty to eight felony charges including tax fraud and making false statements back in the day. he then spent more than three years in prison and then was subsequently pardoned by donald trump last year. sort of a theme here of people pardoned by donald trump then working very hard to try to install donald trump in a coup. you got your bannon, your flynn, your carrick. it's a crew. carrick is an ally of trump and rudy guiliani his former boss whoa worked with to, quote, investigate allegations of voter fraud and promote stop the steal efforts. the committee notes reporting carrick paid for rooms and suites in washington, d.c. hotels and served as election related command centers. nice that he paid i guess. he participated in the january 5th meeting at the hotel with the also pardoned steve bannon, john eastman, others. this is where we are tonight with outstanding subpoenas for bill steppian, miller, mccallum. i

. >> and bernard carrick. all four of them among those gathered at a d.c. hotel for what is described as a war room to overturn the election. carrick already warning he does not plan to comply. i will not be threatened, intimidated or silenced at the hands of this committee who are not looking for truth, but targeting patriots and members of the president's legal team that wanted nothing more than to investigate. his confrontational tone, an example of the difficult time the committee is having getting trump allies to cooperate. their ability hinging in part on a decision by the department of justice, which is yet to weigh in on a criminal contempt referral of steve bannon, who has openly defied a subpoena. merrick garland refusing to shed any light on how the doj plans to respond. >> we evaluate these in the normal way we do. facts in the law, and applying the principles of prosecution. >> and in addition to mcenany, miller and mcentee, these are people that were very close the to the president on the day of january 6th. not just in terms of their relation

>> i understand you have news tonight about bernard carrick a high profile trump and guiliani ally. he is responding to his subpoena. what does he say? >> reporter: this falls into that question, under that question of cooperation. first of all he wants an apology from the january 6th select committee and says they incorrectly identified him as being part of this group that met at the willard hotel on january 5th. he said he was not at that meeting and he has records to prove so. he also said and this is perhaps more interesting than his plea for an apology that he is ready and willing to cooperate with the investigation. that he is ready to hand over hundreds of pages of documents that he has. he wants time for he and his lawyers to go through them, redact what needs to be redacted and then offer up to the committee what he thinks is responsible. he is also willing to testify. he does want to do that in a public hearing, not behind closed doors. even though he is complaining about the way the committee is treating him it is significant he is willing to cooperate. the question is wi

bernard carrick coming out swinging, what he's saying. >>> plus a new legal setback for trump lawyers. a judge denying their emergency motion to temporarily block the national archives from turning over white house documents to the january 6th committee. we got a lot going on this afternoon as always, a lot going on right here in washington, where i'm posted up with the rest of our nbc news team. leigh ann caldwell, kelly o'donnell, pete williams and chuck williams, forr

angela mccollum, an executive assistant and bernard carrick, centered around trying to overturn the election results. now all six of these individuals have been asked to hand over documents by november 23rd and then they have depositions scheduled from the end of november to mid december, but wolf, it's just not clear if any of these people are going to participate. what we've seen so far is that the committee has had some difficulty getting meaningful cooperation from trump administration officials who they have subpoenaed and we saw just last week, former trump justice department official, jeffrey clark, he did show up for his interview, but he completely stone walled the committee. he cited ongoing litigation between the committee and trump and privilege concerns and of course, this is the first round of subpoenas that the committee has sent out since it referred long time trump adviser, steve bannon, for criminal contempt. this is so critical here, wolf, because bannon completely defied this committee, which is why the house referred him for criminal contempt and if the justice departmen

michael flynn and bernard carrick received pardons. this is a group that's going to be loyal to trump, ready to put up a fight with the committee. if that happens, the committee needs to be ready to act quickly to go down the same road we've seen with steve bannon and jeffrey clark. vote for contempt in the committee. send it to the full house and over to the justice department for a potential criminal prosecution for contempt of congress. >> it's been 2 1/2 weeks since the bannon referral went over and still we've not heard from ag garland. so would you have expected to hear something there and what does this portend for any actions these people do not take. >> merrick garland seems to be taking his time. this does not seem to be a complex fraud case where you'd need months and months. i'm wondering what's taking merrick garland has long. what he does with bannon will set the tone. if merrick garland does not prosecute steve bannon, all the new witnesses, the six new ones, they'll have no deterrent and will see it as a free-for-all. t