bargaining agreements and done it with employees so you already have a logicalinconsistency. if you work with players you have to be vaccinated. if you're a player, you don't have to be vaccinated. that's worrying about your contracts but the contentment of your fans by alienating the talent. i think mandates work. i think it's very sad we need them because we shouldn't have had to have them. what is the cultural value of lebron james? to me, personally, my kid loves him. i don't care what he thinks about most things other than sports. that's me. the society does. if he wants to talk about black lives matter and very racial and political things and i'm not saying he shouldn't, this should be a layup pun intended. the reason that it isn't, i think he has to answer for. >> listen, you know, of course, people have their right and it's their choice and all that. okay, fine. but these are unusual circumstances and these are unusual times and you're right, if you're going to speak up and people will say well, you can't pick and choose what you can speak up about. you can. is it inconsistent? absolutely. it is. now for lebron, lebron said that he's done his research and he is fully vaccinated so good for him. >> i loved his answer. >> so kare kareem abdul-jabbar agree with him, if you don't want to get vaccinated, fire them. >> the league has to make that move. >> fire them. if you don't get vaccinated here, what happens? >> you have the collective bargaining agreement. so you have to think about the law on it. look, they are only these guys. and you don't know that if you go strong on the 10%, you don't have a few big shots say well i'm not playing either then. i don't need the money. i'll sit out. don't do that to us. be careful because the fans want the players. they don't want to see the league win. >> well, look, the game is still going to be played. there is still going to be good players out there and you will set an example. you'll seat a marker and then maybe people will start -- as you said, mandates work. if people start losing millions of dollars. >> mandates work when people need the money. if the guy is worth as much as a small country -- >> if you have a high burn rate, you're going to be -- i better go back and get that money. i got mouths to feed and bills to pay. i'm not making light of it. i don't want anybody to get fired. you have to do what you have to do. people say i have my choice. people are dying. it's only 90% of the nba that is vaccinated. >> a high rate. >> fine. stop thinking about yourself because you're putting the 90% people in jeopardy and the kids and the loved ones, the wives, the girlfriends, the grandmothers, you're putting them in jeopardy because of some misguided knowledge or misinformation quite honestly that you have about a vaccine or some misinformation that you have about the history of african-americans in this country for the black players about african-americans and what happened with the tuskegee project. they were not injecting african-americans with harmful substances. they were not -- they were giving them placebos, which did nothing for them that didn't help the syphilis and giving other people with syphilis actual vaccination to cure them and that's the issue. it's a complete reverse, opposite of what was happening with the tuskegee project. this is good. polio, everybody said i saw -- i forget what's her name, jenner -- >> caitlyn jenner. >> on "the view" the other day saying i agree it's my body, my choice and my -- somebody with polio, that was mandated for certain groups of people. >> my body my choice as long as it's not women and reproductive rights. >> there you go. >> it's all symptomatic of us going out of our way to make our own problems. the united airlines story is a ray of light that them doing the right thing is actually increasing their recruiting to replace the workers who don't want to do it but look what is happening in washington. you have the democrats that are making their own problems. we're going out of our way to do it in this society -- >> it's not necessarily -- democrats, yes, but you have two republicans in the democratic party making problems for the democrats, mansion and sinema. >> that's your opinion. >> they are republicans, come on. >> that's your opinion. >> that's not an opinion. >> they are both democrats. there is a d after their name. that's the fact. >> okay. all right. >> don't let it get in the way of your opinion. i don't want you to be burdened by that. sorry. i shouldn't have brought it up. >> i see them as republicans. maybe you're right. i see them as republicans. they're acting as republicans. >> all right. >> listen. >> i see you as cheap. i love you d. lemon. make your witness. >> you're the best. see you soon. this is "don lemon tonight." we have breaking news on the investigation of the violent attack on the capitol and that's january 6th i'm talking about. the select committee promised a steady drum beat of subpoenas that and they dropped nearly a dozen tonight targeting people involved in the planning and organization of the so-called stop the steal rally right before the riot at the capitol. so 11 people affiliated with the organization that held the permit for the rally, women for america first subpoenaed tonight. the committee looking at what coordination the group might have had with the white house. >> well, i think donald trump would certainly invite us to believe it was a spontaneous eruption of hugs and kisses towards the officers. that's pretty divorced from reality. there was obviously a lot of coordination and planning that took place and we are going to reconstruct it. >> a lot more to come on this tonight. and we've got breaking news on capitol hill to tell you about. we're hours away from a promised vote on the bipartisan infrastructure bill even though progressive democrats say they won't vote for without a deal on the massive spending bill, a deal that is being held up by joe mansion and kyrsten sinema. president joe biden's agenda, the promises he made to the american people and agenda that got him elected hanging by a thread. remember, this is all about placating members of his own party. mansion digging in his heels tonight with a statement saying he won't support the spending bill and calling it fiscal insanity and that's got progressives steamed. >> i can tell you his statement probably created a bunch more votes on the house floor. >> do you feel -- >> he actually called it insanity, which is the presence agenda he's calling insane. so i'm not going to comment any more on that statement. i don't think it deserves it. >> what do mansion and sinema want? progressives are at the point they're going on tv and begging them to say what they want. >> our two senate democrats who have done a good job of ar articulating what they're against have so far kept a secret what they're for. >> if someone won't show you their cards, you don't know what you're doing and that's the real problem. we need them to do their jobs. >> literally one senator, one senator kyrsten sinema is holding up the will of the democratic party. the president keeps begging tell us what you want. >> what do you want? why won't they say? did that senator layout where she stands and what she wants? nope. kyrsten sinema who met with white house officials four times in two days is just stone walling her own party. >> progressives that are frustrated and don't know where you are. >> that's why i said what i said to chris. this is an issue democrats are supposed to be working on together. instead, two senators holding their own party hostage. all this as congress has to act before midnight tomorrow to avert a government shutdown. chuck schumer says he's got an agreement with republicans for a stopgap funding bill and they will vote on that in the morning. and no pressure but they've also got until october 18th to suspend the debt ceiling so the u.s. can pay its bills. the house voted to do just that tonight but the bill is all but certain to fail in the senate and let's remember what's at stake here. if congress doesn't act to raise the debt ceiling, social security payments get hit. the stock market tanks, plummets. mortgage rates rise. and we could lose millions of jobs, millions of jobs. all that and the gop is willing to take the country to the brink to score political points. let's remember, mitch mcconnell is refusing to vote for something that he has voted on for 32 times in the past. that's according to the washington post. and there were more fireworks on capitol hill today as they are trolling and grand standing on afghanistan, yes, that's what it was. liz choeney calling out the members for the attacks on the chairmans of the joint chiefs. >> general milley on january 6th. we had a violent attack on our capitol. you found yourself in your constitutionally prescribed role standing in the breach and for any member of this committee, for any american to question your loyalty to our nation, to question your understanding of our constitution, your loyalty to our constitution, your recognition and understanding of the civilian chain of command is despicable. i want to apologize for those members of this committee who have done so, and i want to thank you for standing in the breach when so many including many in this room failed to do so. >> but liz china is cheney is i minority. they used to be called the party of lincoln. how far they have fallen. now too many of them are putting on a show grand standing or trolling or getting that a boy from the base mat. m mat mat -- matt gaetz, you have to watch this putting on a really disgraceful performance. here it is. >> you seem to be very happy failing up over there, but if we didn't have a president that was so at tled you would be fired. you let down the people that wear the uniform and my district and you're far more interested in what your perception is and how people think about you inside of washington books than you care about winning. >> your time has expired. >> do i real ly have to tell yo what is going on here? do i? i probably have to tell you. i don't but i will. what is happening here is the louder he yells, the clearer it is that it is nothing but an over the top deflection from his own problems. you know the investigation into whether matt gaetz broke federal sex trafficking prostitution and public corruption laws and whether he allegedly had sex with a minor who was 17 at the time? gaetz has not been charged and denies wrongdoing but this whole thing is right out of the former president's playbook, deflect and distract. give the base something to cheer about and take the heat off yourself at the same time. and then there is remember him, ronny jackson. the disgraced former white house doctor according to a pentagon watchdog made sexual comments, drank alcohol and took ambien as a white house physician, that ronny jackson. he's demanding the chairman of the joint chiefs resign. >> general milley, will you now resign? >> i serve at the pleasure of the president, mr. jackson. >> we made the same face, the same face as general milley. really? and then there is ted "c "cancu cruz. see that hashtag? you'r your body, your choice. really? ted cruz, your body, your choice, that's what you believe? really. tell that to the women in your home state with the most restrictive abortion ban in the country. your body, your choice. come on, bro. tell it to the women in texas that could be forced to bear the child of her rapist. tell her about your body your choice, that stance that you have which you apparently only believe in for a professional athlete, men who don't want to roll up their sleeves for vaccines that could save their lives and the lives of their teammates and their families. really? your body, your choice. the hypocrisy is stunning. i wonder if he was part of the shut up and dribble crowd. he's friends with those people. friendly. on that network all the time. the shut up and dribble folks, dribble. now he's like i stand with them. your body, your choice. god. that's where we are tonight. battling misinformation and lies and hypocrisy. misinformation on the virus that is killing us. hypocrisy is killing us, lies that are killing our democracy just as surely as the virus and those lies fueled the assault on the seat of our democracy on january 6th. now the select committee investigating is subpoenaing the organizers of the stop the steal rally that preceded it and want to know what ordination the group might have had with the white house. >> the vast majority of the people do want to know the truth. the vast majority of congress wants to know what happened and we'll get the information and there are people who think that they can somehow hide from this. they're badly mistaken. mental , and your mind is finally in a better place. except now you have uncontrollable body movements called tardive 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and daring seamlessly intersect. it's understated, yet over-delivers. it is truly the mercedes-benz of sports sedans. lease the 2021 c 300 sedan for just $449 a month at your local mercedes-benz dealer. so here is our breaking news tonight, 11 new subpoenas that targeting people involved in the planning of the stop the steal rally ahead of the january 6th capitol insurrection. these subpoenas that coming about a week after the first bach of two aids and allies of former president trump and joining me now, cnn's chief legal analyst jeffrey toobin and law enforcement analyst and former fbi deputy director andrew mccabe author of "the threat" how the fbi protects america in the age of terror and trump. good evening. good to see both of you. jeffrey toobin, the first patch of these subpoenas that was for people inside the white house. this new one is for outside who people who might have been planning or planning to stop the steal rally. what does that tell us about where this investigation is heading? >> well, the investigation is asking the right question. who planned this attack on our democracy? who authorized it? and who knew it was going to happen before the attack on the capitol began? these are all very good questions and they are unanswered to this point. the problem is will this committee be able to get these answers and i think one of the things that the trump forces have learned is that it's easy to run out the clock on congressional investigations and that is likely to be the strategy here. >> andrew, i want you to listen. this is congressman jamie raskin, what he said to ryan nobles about these new subpoenas that, here it is. >> do you think it's possible you're going to find there was more coordination there than we know about or one of these things where there is a bunch of people that came together and got out of control? is that what you're trying to figure out? >> i think donald trump would invite us to believe it was a spontaneous eruption of hugs and kisses towards the officers. that's pretty divorced from reality. there was obviously a lot of coordination and planning that took place and we are going to reconstruct it the best that we can. >> so they want to show it was a coordinated attack. what kind of evidence, andrew, would indicate people intended to storm the capitol and may have even had help in doing it? >> well, don, i think what jeff said is exactly right. what the committee is doing is starting at the beginning. they're looking first at the people that organized the rally and what interactions or communications they may have had with the white house. i think it's also importantubpor the production of documents. before the folks come in and are interviewed behind closed doors, the committee will have seen their emails and communications with the white house and each other and so the they'll begin to develop a sense of whether or not these folks were aware of or planning any sort of move to the capitol. whether they were aware of the possibility of violence, whether they discussed any of these topics with the president. there is a lot of ground to be plowed here starting right at the beginning. >> you know, andrew, one of the -- go ahead, jeffrey. go on. >> well, i just -- you know, that is exactly the right questions for investigatiors to ask but think of this. what happens if all 11 of the people subpoenaed today go to their lawyers and say what should i do? the lawyers say you know what you should do? you should plead the fifth. not answer questions. say invoke your right against self-incrimination. what is congress doing then? they could try to give them immunity. that's a long process, and this is the problem that this committee faces. the refusal to answer questions from the key witnesses, whether it's the first four witnesses siting executive privilege, which would then have to go through the courts or this group taking the fifth, it's just very hard to get people to answer questions in this kind of investigation. >> yeah. do you want to respond to that, andrew? >> yeah, that's absolutely right. that can happen. there are costs to doing that. any individual witness will think twice about the fifth amen amendment, which they have the right to do but create the impression you have something to hide. you're guilty of something and afraid of ex pposing that guilto congress. there are costs with doing that. they will do everything they can to drag this out as long as they can but they have to play serious hardball to pull it off. >> one of the new subpoenas that is against amy cramer, one of the loudest voices encouraging lawmakers to object to certifying the 2020 election results. she peddled all kinds of election conspiracies. how central is she to this investigation, andrew? >> well, i think she's incredibly central to it. so the question is she and the other organizers of this rally really set off the events that ultimately com ly cull men nate the attack on the capitol. was that their intention? was it something they were aware of or discuss the possibility of violence. there is a lot to be uncovered here as jeff says if we can get the witnesses to sit down with congress and actually share what they know. >> jeffrey, what other evidence -- go ahead. go ahead jeffrey. >> well, i'm sorry. go ahead, don. >> that's all right. go on. go on. >> you were going to say what other evidence. >> right, i'm wondering what other evidence will the committee be looking for looking into in terms of these groups, the activities that day and the days leading up to january 6th and i think you were going there. >> and that's exactly where i was going and one area where i do think they might have success in gathering evidence is going to the phone companies, going to the internet companies and saying let me see the text messages, let me see the emails among all these people. you know, most people are not as cautious as they should be in what they send in texts and emails and i think that's probably the most promising outlet for this investigation because i think the verizons of the world, the facebooks of the world, they will cooperate with congress and those text messages and emails and, you know, other sorts of communications electronically, those will be available to congress and i think that's going to be the most promising out let that they'll have. >> all right. thank you jeffrey. thank you andrew. appreciate you helping us out on this breaking news. so he was george w. bush's chief strategists and now he's running for office as a democrat. matthew dowd is here. he's next. exclusive ticket access to unmissable events. that's the real music to your ears. one of the many reasons you're with amex platinum. tonight, i'll be eating a buffalo chicken panini with extra hot sauce. tonight, i'll be eating salmon sushi with a japanese jiggly cheesecake. 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nope. -it crushes it. pshh, mine's so fast, no one can catch me. big whoop! mine gives me a 4k streaming box. -for free! that's because you all have the same internet. xfinity xfi. so powerful, it keeps one-upping itself. can your internet do that? a former republican and george w. bush aid is running for a top job as a democrat and you may know him from this show. matthew dowd announced his run for lieutenant governor in a video today and he is taking on texas republicans and the current lieutenant governor. watch. >> the gop politicians have failed us especially the cruel lieutenant governor. dan patrick has been lying and deceiving, fracturing the bonds we share and endangering all our lives. he does not believe in the common good. he seeks only to represent himself and the 5% of the state that goes along with all this. he puts his me over our we. >> so joining me now is matthew dowd, matthew, thank you for joining us. big announcement today. you running as a democrat for texas lieutenant governor. you are running against a party you dedicated years of your life to because you see the gop as a threat to democracy now. so what's at stake not just in texas but the whole country do you think? >> well, what's at stake -- thank you for having me, don. what is at stake is our very foundation of our democracy and the lives of millions and millions of citizens in texas and across the nation. it's not a choice anymore between two sort of equal political parties that have different ideological bee lieve. it's the choice between majority rule and team hypocrisy, the republican party that believes in tyranny of the minority. every single decision they do, whether it's they don't believe in science, they don't think telling the truth is an important value anymore. they don't think protecting the common good in communities is an important value anymore and there is only one party that believes in those things and that's the choice americans have to make. that's the choice i've made in this and that's why i'm running especially against somebody like dan patrick who basically runs the state senate here like a dictator and done everything in his power to hurt the majority of texans. so that's the choice today. >> look, we talk about these things all the time. i want to continue to discuss him because you and i have talked many times about your concerns of the gop and racerac racer earlier this month. on the fox propaganda network promoted the racist great replacement theory. how did that play into your decision or did it play into your decision to run? >> yes, it did. i mean, over the course of the last, i would say, nine months after in the aftermath of january 6th, which was a big part of what can i do to help democracy? we had the worst attack on our democracy since the start of the civil war and then watching the republicans in the state legislature, especially dan patrick that unruns the state legislature and the things he said that was god awful and did taking away a woman's right for freedom over her body and taking away voting rights and passing gun bills so people don't have to have permits or training. those factored into this where a majority of texans oppose it but he does it because he's worried about 5% of the start that's bought into his agenda. if you ask me, don, on january 1st if i would run statewide in texas i would have laughed and said no way. we have to ask our questions and ask ourselves a question in the aftermath of january 6th what can we do with our god given talents and abilities in the blessings we received to help the people out there that are getting run over in this? i made that choice. i'm running. i'm going to spend every day the next 40 five days telling the truth about dan patrick. he's not going to like it. i'll tell the truth what is going on in texas and it isn't good. i'm embarrassed as most texans are what the gop leadership is doing here. >> you said a month ago, i asked you last week if you were going to run for governor and -- you remember that moment, right? were y what were you thinking? >> i remember you talked about whit whispers, whispers. >> what were you thinking? >> i knew i was contemplating this run. i wasn't 100% ready to say i was all in. i wasn't running for governor and somebody else will take that and maybe beto will announce and if we both get through the primaries, we'll be on a ticket together and running in a very concerted effort what has gone wrong in the state. this is politics. i want to tell the truth. i want to be as transparent as possible but at that moment when you asked me that, i wasn't ready to say for sure what i was going to do. >> yeah. all right. could be, you know, whispers of all right, all right, all right. it could be another matthew, matthew mcconaughey. >> you could have got the wrong matthew. >> i want to turn to the capitol chaos, right? president biden has said that one of the best ways to protect democracy is to pass his agenda, to show that government can still work. is that happening or is it at risk of falling apart tonight? >> well, everything we've watched and you've watched unfold is completely dysfunctional. the bad thing what is washington is it's become like a virus of dysfunction that's spread across the country, which is awful. it never used to be that way in state capitals but now it is. the idea on an infrastructure bill that republicans know, they drive on roads and they drive over bridges and they drink drinking water from public facilities and they do all of that, so they're as much in danger of getting this done as democrats or independents. for some reason, republicans completely bought into this idea that they're not -- their interest is only political and not what is happening to every community including their own voters across the country. it really unfortunate that something everybody should agree to about what we do on fixing this that we can't get a major political party even an element of it to go along with the idea of putting differences aside and doing what is right for the best interest of the country and so that means in my view we no longer have majority rule because of minority of the country can block all these things from happening. it means our democracy is at a very frail point and isn't functioning properly. >> yeah. well, matthew dowd, thank you for coming on, thank you for answering my questions honestly because you said i'm not running for governor but you said i'll do whatever i can to help save our democracy. >> thank you. >> i ray eally appreciate it. see you next time. good luck. >> always love being on with you. >> thank you. what happens if nobody blinks? the factions in the democratic party in a showdown and the biden agenda is trapped in the middle. i'll speak with a key member of the democratic caucus katie porter. we'll do it after the break. i made a financial plan to live it every day. ♪ ♪ find a northwestern mutual advisor at nm.com my name is on the front. but... i am more proud of the back. siggis: 40% less sugar, and more protein than the leading greek yogurt. it's breaking news and important you listen to it because the future of the country at stake now on the line. house speaker nancy pelosi planning to hold a vote on president biden's bipartisan infrastructure bill in a matter of hours even though she may not have the votes to pass it. pelosi on full on investigation mode tonight trying to save biden's domestic agenda and making calls during the baseball game. progressive democrats saying they will not vote for the lelg slags unless there is an agreement on the larger social spending package that includes priorities like climate change but refusing to go along with the bigger bill as it stands now saying the $3.5 trillion price tag is just way too much. joining me now, democratic congresswoman and deputy chair of the progressive caucus katie po porter, key figure in what is happening now. congresswoman, we know it's a very busy time for you so thank you for joining us. good evening. mansion says there is no way there will be a deal by tomorrow. he and sinema signaling they are open to a deal on the social safety net package this year, a very different timeline. what is your position tonight because your progressive colleagues are telling us this makes them more likely to vote down infrastructure. >> well, i think what we're looking for is people to show char character. we're looking for senator mansion and senator sinema to tell us what they stand for. they need to tell the american people if they have concerns about this bill, what are they? if there are programs they don't support or want to fund at a different level, they need to -- >> congresswoman, let me ask you. they have not given you any indication about what their uncomfortable with, what think want, nothing. >> not only have they not given it to me, they haven't given it from all reports to president biden. they haven't given it to senator schumer, their leader. they haven't given it to speaker pelosi. without knowing what their objections are, we simply can't start changing this bill and trying to guess at what might make them come around and engage and be the leaders that the american people elected them to be. >> do you have any idea of why they're not doing it? is there any -- do you have any inkling? is there any talk what is holding them back? is it the money? their constituents back home? what is going on? >> i think senator mansion expressed concern about the climate provisions for example and from all reports is engaging in discussions about what he would support, what his concerns are. you know, all we heard from senator sinema today when she was asked, people want to know where you are, progressives in the house, progressives in the senate, everybody in the house and senate wants to know where you are. her answer is i'm right here in front of the elevator. i want to repeat again, this is not a time to be cute. this is a time to show character. if senator sinema hasmerican fa afford child care and making two years at community college free and health care more affordable and doing something about climate change, she needs to tell the american people and colleagues in the senate and house what the concerns are. until she does that we have to press forewward delivering the president's again to to the american people. >> speaker pelosi said the vote will still happen tomorrow. do you think there will be a vote? >> i have no idea. we've been told question mark, question mark, question mark. that's tomorrow's schedule. we actually do not know exactly the timing. we know we'll take a vote to fund the government, to continue to fund the government. that's a very important step making sure that we do not repeat having a government shutdown with regard to infrastructure and the reconciliation package. we need senator sinema and senator mansion. they need to step up and tell us where they are. whether we have the vote or don't, the bottom line is we'll not be able to move forward on any part of the president's agenda. >> is that an indication how you plan to vote on infrastructure? >> if infa sfrrastructure comesy itself with no support for families and industries and pieces that our economy needs to be strong and stable and globally competitive, i'll have to vote the infrastructure bill down. that's not to say i don't support this bill. i do. but i was elected to represent lots of different industries, lots of different kinds of workers and families and lots of different people of two different political parties. i need to see a package that will meet the needs of the american people and infrastructure alone doesn't get it done. >> what if that vote leads to the president not getting his agenda done and also leads to democrats being in a minority and you possibly not being reelected? >> if we don't deliver anything for the american people, if we don't address the fact that women's work force participation is at a 30-year low, if we don't address the fact that seniors cannot afford to get care in their homes, if we don't address climate change, we will not be reelected. the party that will win in 2022 is the party that delivers for the american people and that means addressing the full needs of our economy, no one bill is going to be enough to get it done. >> all right. congresswoman katie porter, thank you so much. appreciate you joining. good luck. good luck. >> thank you. so they broke three windows, barrel through doors, threaten lawmakers. judges are asking why are so many insurrectionists getting a slap on the wrist? why is that? cnn investigates next. 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(vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. since suzie's got goals, she'll want a plan to reach them. so she'll get some help from fidelity, and she'll feel so good about her plan, she can focus on living it. that's the planning effect, from fidelity. medallist keller the star swimmer pleading guilty of felony charge of obstructing the ele electoral college proceedings in the january 6th election. other part of the deal k. -- still facing prison time. nine pleaded guilty, nine already sentences. some federal guthries the some federal judges are questioning the down playing done -- more now from jessica schneider >> reporter: don bank rop sent a video saying she was searching for nancy pelosi and wanted to shoot her in the friggin brain but when entering her plea it was for you one count was for one count, a merchandise. misdemeanor. and judge sullivan asked does it not rise to the lex of threat. level this isn't the first time a federal judge in d.c. district court has questioned d.o.j.'s deals with rioters, chief southern judge howell expressed skepticism -- saying in court about one case does the government have any concern about a defend ant joiningle a mob, breaking into the capitol building and terrorizing member of congress could be a circumstance that a rises every four year. >> you need to send a message to these folk that's it's not okay and anyone doing it in the future they've haven't sent the message to people thinking about similar acts in the future. >> new survey shows half of americans, 48% agree saying criminal penalties so far have-nots been severe enough. meanwhile republican support for the prosecution and investigation into january 6th has been plummeting. when asked if it's important for law enforcement to find and prosecute those responsible for the capitol attack 57 republicans think it is. down from 79% in march. prosecutors are still in early stages in most capitol riot cases getting lower level defendant out of the way to get to violence and conspiracy case that's could take a lot longer. >> they are trying to draw distinction between those who enter the capitol and smashed windows and threatened officials and others who didn't do all those things. i disagree with that distinction. >> total of 619 people charged with 9 sentenced so far. we could see a lot more defendantsentenced to jail time, today two men received 45 days each for the role in the riot the judge decided on month and half balancing the gravity of the insurrection with the fact these defendants aren't accused of violence. >> thank you so much. first it was the most loyal trump supporters and now the people who organized the rally before the riot. committee on january 7 6 th issuing new subpoenas tonight. so here's our breaking news tonight, a second round of subpoenas in the investigation of the january 6th s insurrection. house select issuing subpoenas to the organizers of the so-called stop the steal riot that proceeded the riot at