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0 we'll take our countdown up next friday right here at 10 pm eastern. and right now, the 11th hour begins. >> tonight, more incredible and never before seen video from january 6th. as the committee hints at a cover-up. plus, the dramatic debate tonight in georgia. senator raphael warnock and herschel walker go head to head just days before georgians start to cast their votes. then, a critical week for our democracy and what leadership looks like in the face of crisis. jon meacham is here as the 11th hour gets underway on this friday night. >> good, evening i am alicia menendez, and for stephanie ruhle. we are still waiting for a definitive answer on what donald trump intends to do about the subpoena he's getting from the january six committee. he did release a rambling 14 -page letter today. were he repeated his election lies. but gave no indication of whether he will actually testify under oath before the committee. meanwhile, nbc news has attained more never before seen video of congressional leaders on january 6th. the video was shot by house speaker nancy pelosi's daughter, alexandra, and accomplished filmmaker. one part shows pelosi on the phone with then vice president mike pence. >> -- we have to make plans. i said, why don't you just put people in vehicles logistically to get there. there is leadership of the national guard at the capitol, with the capitol police leadership. but they have not been given authority to be activated. so that, in other words, that leadership can be taken place simultaneously. to people coming in flux to the capitol. >> secretary, i spoke to vice president pence. he was going to see, mitch wants to do it in the capitol. we're being told it could take days to make sure there are no bombs -- >> the riveting new video also shows pelosi discussing the logistics of returning to the capitol. >> i am very concerned about giving any long term notice to anybody that we're going back. >> they can engage in their first amendment rights and be very disruptive, even outside the capitol. to make it still look like we are not really in a good place. [inaudible] this could be over fast, where this can go well into the night. and i'm sure the capitol police don't need that. after the trauma of today. but we may have to have some other security there. >> the committee issued so much as what went into january 6th, continuing, unanswered question, will be whether there will be any accountability for those behind the attack. vice chair liz cheney was asked today whether former president trump broke the law and if he should be prosecuted. >> the committee has the responsibility to make decisions about criminal referrals. and i, of course, have my own view about that. i don't want to get ahead of the committees discretion sonnet. i would point people to judge carter's opinion. in which he said is more likely than not the jonnel trump and john eastman violated at least two, federal criminal statutes. so, again, i don't want to get ahead of the committee. i think you will see the committee's work in this regard done in a unanimous way. and i think there's no question about the answer. >> as you well, now the 16 committee's work is one of many investigations into the former president. we are also following the ongoing investigation into those classified documents recovered at mar-a-lago. according to the wall street journal, the fbi is seeking additional information from two trump aids about those documents. investigator reportedly spoke to be eight months before the fbi search mar-a-lago. sources tell the paper that they have been trying to talk them again. and, today there was yet another development in the legal battle over that special master's review of the documents. the justice department has now filed an appeal with the 11th circuit court. arguing the review should and as judge cannon was wrong to order in the first place. with that, let's bring in our lead off panel tonight. philip rucker, prize winner, deputy executive at the post -- david jolly, a former republican and former member of the u.s. house of representatives, he is now chairman of the serve america movement. and tali farhadian weinstein, a former federal and state prosecutor in new york. she clerked for merrick garland and justice sandra day o'connor. all three are msnbc contributors. philip, this afternoon, our colleague, nicole wallis, asked zoe lofgren about a potential for a cover-up from the secret service. i want you to take a listen at with the congresswoman said. >> let me just, say i have a lot of questions about all of it. about coordination among witnesses, about the advice that they may have been receiving. from some attorneys were. about their voracity. i think there are more questions than answers at this point. >>, we'll always more questions than answers. what are you hearing today? >> well, i think she's right there is more questions than answers. as you say, that's always been true. but especially in this case. remember, the committee was seeking those text messages from january 6th among secret service agents. and those were deleted. because of a sort of tactical, bureaucratic stop recording and the secret service -- it means a lot of the communications, the record of communications that day does not exist. the committee had new evidence, including some emails documenting concerns in the secret service. warnings by the secret service to the white house about dangerous that could occur on january 6th. but that's not the full documentation. and we have yet to hear in any sort of public testimony, let alone a legal proceeding officials and the secret service account for what was happening that day. and i think importantly, account for any political motivations or sympathies that there might have been among the former presidents detail for what might have been happening in and around the white house on january 6th. >> tali, there are political implications. safety implications. talk me through, though, the legal implications of a potential cover-up. >> well, there's substantive crimes. and then there are cover-ups, or what we call obstruction. and that -- so many of the potential criminal charges that we've been talking about. whether in the context of january six, all the way over to the mar-a-lago investigation. both the and regional crimes in the people who enabled them or try to thwart law enforcement from figuring out what was going on -- i think the implications are huge. >> david, you, red i'm sure, the former presidents rambling. 14-page letter. i'm sure you heard his statements where he says that he would, you know, love to have a chance to say anything. so long that it was liven in public. do you think there is any chance trump so comply with the subpoena? and what happens, david, if he doesn't comply? >> look, every lawyer in the world would say there's no way donald trump should do this. and i don't think he responds to the subpoena at all. but we also know he has a penchant for the stage. and so perhaps, alicia, he tries to make the moment. i really doubt that is the case. here is what i think ultimately happens, though. [inaudible] the interesting thing is that the subpoena will have to go from the committee to the full house. and ultimately, doesn't get referred over to doj if he does not comply. but what happens come january 6th, maybe when the new congress is sworn in. is depending on who controls that congress, the subpoena could be withdrawn. and the enforcement action could be withdrawn. and ultimately, if i was playing vegas here, i was suggested if republicans win the house on november 8th, donald trump runs up the clock and the republican house withdraws the subpoena. but that is also an indictment, then, of the incoming -- of kevin mccarthy, steve scalise and others who say, even though the former president has something to say, we don't want them to hear it. the -- indictment of the january 6th committee is laid at the feet of donald trump. this subpoena, whether it's withdrawn or not, will remain at the feet of donald trump. >> phil, your sense of how likely a criminal referral is at this point? >> i think you just have to take congresswoman cheney at her word, the vice chair of the committee. she's indicated very strongly that that is the likely and step here by this committee. she has not of course outright said so. but if you read between the lines, of her public statements over the last few weeks, it certainly seems like momentum is building in that direction on the committee for a criminal referral. and remember, the committee has laid out what some committee members have argued to have been violations of the criminal code. violations of statutes, rather, by the former president and by others. and so i do expect that there could be a referral. i just don't know exactly what form that takes or when. or with the sort of vote on this committee looks like. >> tali, that is still take as a journalist. i want to take your tate as the prosecutor. is a criminal referral likely? and could you give us a sense of what the prosecution would look like in a case like this. >> my take as a prosecutor, alicia, is that it does not really matter whether or not the committee makes a criminal referral. just a realistic matter, this entire proceeding, all of these hearings have been a criminal referral. they've collected lots of information that points towards criminal prosecution. and i think it's made a lot of progress on some of the harder aspects of prosecution. -- were so many miles away from where we were around january 6th and win this committee started to get going. when we used to hear people say, while maybe donald trump actually thought that he won that election. and he so disconnected from reality that maybe this was not a fried. because he believed what he was saying. and i think it's really impossible to hold on to that idea, to believe that after yesterday. so whether or not the committee makes a referral, it just doesn't matter in terms of prosecutors picking up this evidence, taking the ball from here and then starting to think about how they might put together a series of cases. >> philip, the committee play testimony from several high-ranking officials on trump 's apparent order to withdraw from his fans again, following the loss. here's what former general mark milley said. >> it is odd, it is not standard. it is potentially dangerous, i personally thought it was militarily not feasible. -- >> phil, you cover trump four years, did what you heard from the committee yesterday surprise you? >> it did not surprise me. but it was interesting and revelatory because it added more texture and nuance to something that we knew was going on based on reporting at the time. we knew trump wanted to get troops out of afghanistan. it's something he was pushing within his cabinet and national security team for sometime. and we knew in those final months of presidency that he was acting a radically. he was proposing with military leaders view to be erratic proposals. including in afghanistan. but to hear milley on the record, effectively, with the committee spelling all of this out in plain english. and explaining the dangers, what he viewed as the leader of the military, with the heat view to be the dangers of that withdrawal done on such short notice by the outgoing president, that was reveler tory i think for the american people. >> these are just some of the developments -- i want to ask ask you about the mar-a-lago -- -- they're trying to stop the -- can you talk about their argument? >> they really sharp and in their filing today the argument they've been making all along. this is completely out of order. it just made no sense to them. i think they're right about this. that judge cannon took jurisdiction over this criminal case, rather than having donald trump make the arguments he wanted to make in front of the magistrate who was supervising that search warrant. and then continuing up that chain. but i think the upshot of all this is that trump probably delayed matters here about three months. this entire thing is a distraction. it looks like it's going to be result by maybe mid november. those are three really important months for him i think it's hard to believe that he is going to prevail in the 11th circuit. and i think that an order will eventually be restored. all of this will go back to the original magistrate. a government will continue to put together its case as it has been. >> david, all of this, the work of the 16 committee, the mar-a-lago investigation, it's all in the east there as we are 25 days out -- a democratic victory would be eight see change in politics. i think we've heard a lot about the stakes as it relates to how fragile it feels in this moment. but when you say sea change, what do you mean? >> what i mean is this, history suggests the should be a layup for republicans that global economy has wrecked inflation on the domestic economy. russia is flirting with a nuclear war. we have a president number who are underwater. and history suggest his first midterm would be a boom for republicans. but we are not seeing that. and the question is this, in a dobbs world, in which the republican party itself has followed trumpism now, for six years. to see democrats have a sweeping, enormous election in 2018. to win the presidency and reject trumpism in 2020, it would be routine for republicans to win the house and maybe the senate in 2022. but for democrats to hold the house and the senate it might be an early indication that the entire american landscape has changed prolifically. to win the presidency and reject trumpism in 2020, it would be routine for republicans to win the house and maybe the senate in 2022. but for democrats to hold the house and the senate it might be an early indication that the entire american landscape has changed prolifically. it's beginning to say to the current trajectory of the republican party, you're not a majority party in the dynasties any longer. the democrats have to thread together a number of winds to get to that moment. but alicia, if democrats won on november 8th, i think it's more than just playing of the horse race game. this would suggest the american people are moving past today's republican party. >> tally, part of what's so interesting there. is we a conversation we come back to over again. about accountability. there are those who argue about accountability, they will arguably electoral. from your vantage point, what is it going to take to see some accountability for the planners of january 6th? are there going to be repercussions? >> i hope there will be accountability in various processes. that includes in the political process, federal courts. and it includes in state courts. remember that of all of the various investigations that we've talked about over the last six months, the case in georgia for interference with the election, i think to me appears to be the strongest. the da there, fani willis, has been open that she is hoping to bring charges by self imposed deadline by the end of this year. that's one. and the mar-a-lago investigation -- is -- the government maybe wants way to developing search warrants, probable cause to look at other premises were donald trump may have stored other documents that he was not supposed to have. and so, there is movement on various fronts. and all of those are happening in parallel. don't think we're gonna have to choose among them. >> multiple paths of accountability. time, though, is of the essence. philip rucker, david jolly, tali farhadian, thank you for getting a start it's. became moment from georgia's -- debate. between raphael warnock and herschel walker. didn't move the needle? and later, jon meacham -- the clear choice he says republicans have to make for the future of this company -- country. the 11th hour coming underway on a friday night.

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