one new hopeful sign, merck announcing their antiviral pill cuts hospitalizations deaths by half. it won't be a replacement for the vaccines, it's why local leaders and businesses have worked to implement vaccine mandates. three major airlines are now adding -- american, alaska, and jet blue and california becomes the first state to require covid-19 vaccination for students who attend in person class over the next few weeks. the fda will meet on pfizer's vaccine for ages 5 to 11. joining us to discuss, dean of public health at brown university. doctor, thank you so much for being with us. what would it mean for the big picture of this pandemic if vaccines are authorizes for children ages 5-11? i suppose that's a decent chunk that will get the number to go up somewhat. >> that's right. as a mom, the thought of getting my kid who lies in that bracket finally vaccinated, it's just huge. it takes a weight off of my family, allows us to feel less nervous about going out and about and doing things. as a doctor and public health professional, i know my kid, my 10-year-old is not at high risk of getting super sick or hospitalized but, if he catches covid, he would be part of the spread in the community. one of the things we've seen o over and over again is that kid, although they don't get really sick, are drivers of it moving through the community. it takes a little bit of worry away from parent, but even more so, it helps us to tamp down the number of cases which helps us move back towards normal. >> yeah, i can't imagine what a relief that will be for families when that happens. let's discuss merck's antiviral pill. a lot of questions out there. no way we can answer them all, but merck says it reduces hospitalization and death by half. how important is that? >> it's terrific. i mean, having a pill that actually works for those folks that come into my dr and are a little bit sick, but not sick enough to be hospitalized, that would be tremendous and it's something we've been wanting as physicians throughout this pandemic. but as you mentioned in the headlines, this pill will not replace vaccines. the best way to avoid severe disease, hospitalization or death remains going out and getting those two shots of moderna and pfizer or your single shot of jnj. it's going to be so much better than any pill. >> yeah, absolutely. i suppose if you are vaccinated and you somehow get a breakthrough case, that pill may help you as well, right? >> you know, we think so. i should note that so far, the pill has been tested mostly in those higher risk folks. people who are elderly, immune suppressed. i would expect it would be helpful for us. that said, once you're vaccinated, the chance of you getting really sick is really small. so i don't know how much it will be needed for those of who who have had the full series of shots. >> good point. go governors are beginning to report encouraging signs in their state. the governor of georgia just warned his residents not to wait until the next wave to get vaccinated. how concern are you about another spike as we head into the winter months? we're already in fall. you can get your flu shot. if you haven't, please do so. but what are your thoughts on that? >> there are two parts. one is as we head indoors, especially indoors without a mask, we are going to see new small surges across the country. particularly in the north and northeast where we've largely escaped this delta surge. so the trouble is that as those even small surges happen, our healthcare system, jim, is already at the breaking point. we're understaffed, overwhelmed, tons of sick patients. there's not a lot of hospital beds so even those little surges are going to put us over into those crisis care situations we've seen throughout the summer in idaho, montana, louisiana and elsewhere. the other part is that there are probably other variants around the corner and again and again in this pandemic, we've made it through a wave and everyone has said, woo hoo, we're done. that's not how this virus works. now is the time to go out and get your shot before another surge comes. now is also the time to continue wearing that mask indoors. if you're in crowded, indoor locations until the numbers go down further. >> if people are worried out there because they've had their covid shots and they're worried about getting a flu shot because you know, they're just worriers. what are your thoughts on that? >> i'm getting this question almost every day from my patients in the emergency department, my nurses and colleagues. there are a couple of important things. the first is if you have not gotten your covid shot, you can safely get the flu shot and covid vaccine together. so don't avoid one just because you haven't gotten the covid shot yet. second, flu shot works totally different from how covid shot works. they're totally different viruses. just because you've gotten your covid vaccine doesn't mean to avoid the flu vaccine. we don't yet know how bad this year's flu epidemic is going to be. usually it's bad in the winter especially after a mild year, but the signs we watch like the level of flu in australia, we just don't have those this year because of lockdowns. so go and get that flu shot and avoid the symptoms that will make you go into quarantine until you get a covid test. get your shots this winter. >> great advice. thanks so much. appreciate it. >> thank you, jim. and nancy pelosi is giving the house another month to pass the massive $1.2 trillion bipartisan infrastructure deal, admitting right now she doesn't have the votes until progressives in the house can reach a deal with moderates in the senate on the larger $3.5 trillion spending bill. she writes this morning, negotiations will continue now with more time for decisions, legislative language, senate review and public awareness. cnn's senior washington correspondent, joe johns, is on capitol hill and joins me now. we are waiting for that moment where nancy pelosi does not like to give up. she is not a quitter. can't imagine that was an easy statement for her or her office to put out. >> right. look. it's three dimensional chess right now and the fact of the matter is the negotiating goes on and on and on. democratic progressives up here frankly are flexing their muscles. they're demanding that $3.5 trillion social safety net bill while democratic moderates are balking at that price tag and kcontinue to push for the president's infrastructure bill. the president for his part has said a couple of things. in fact, today, number one, the president said, look, i think all of this can get done, but he's also very aware of the math up here on capitol hill and the house and senate. listen. >> we could bring the moderates together. two. >> so this back and forth continues to create a lot of tension up here on capitol hill. democratic senator sinema put out a statement earlier today indicating in her view that she was deeply disappointed in the fact that the house of representatives has failed to hold a vote on the infrastructure bill and she says it's disappointing for communities across the united states. the one bright spot now, the senate has passed that one bill that was of certain controversy. essentially a 30-day extension of the highway trust fund. that means that about 3700 people who were in the zone for being furloughed are now out of danger. jim, back to you. >> another can kicked down the road, but there are some cans that are going to have to be dealt with sooner or later talking about those two spending packages. all right, joe johns, thanks so much. appreciate it. coming up, what new audio reveals about the struggle to control the mob on january 6th. ♪ si acelero no me paran ♪ ♪ el viento pega en mi cara ♪ ♪ si acelero no me paran ♪ ♪ el viento pega en mi cara ♪ ♪ you don't know how much pressure you put on your septic system. but rid-x does. in a 21 month study, scientists proved that rid- x reduces up to 20% of waste build up every month. take the pressure off with rid-x. ♪ i thought i was managing my moderate to severe crohn's disease. then i realized something was missing... ...me. my symptoms were keeping me from being there for her. so, i talked to my doctor and learned humira is the #1 prescribed biologic for people with crohn's disease. the majority of people on humira saw significant symptom relief in as little as 4 weeks. and many achieved remission that can last. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. ♪ (burke) i've seen this movie before. (woman) you have? (burke) sure, this is the part where all is lost and the hero searches for hope. then, a mysterious figure reminds her that she has the farmers home policy perk, guaranteed replacement cost. and that her home will be rebuilt, regardless of her limits or if the cost of materials has gone up. (woman) that's really something. (burke) get a whole lot of something with farmers policy perks. wait, i didn't ruin the ending, did i? (woman) yeah, y-you did. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ people throughout the nation and around the world watched in shock as a violent mob descended on the u.s. capitol on january 6th, but we're learning what we saw wasn't even the start of the violence. audio reveals park police were confronting sites around the capitol. whitney wild has more. >> what that audio shows is that hours before capitol police were over overrun, there were protesters already causing problems. park police had a difficult time controlling these crowds. it was clear from the audio they were not going to listen. police were saying over and over, we're staring at people, they're not going to listen to us. there were park police who had retreated into the washington monument with someone they had arrested and they were surrounded by protesters waiting for a safe exit. this audio, which is so enlightening, was collected and obtained by citizens for responsibility and ethics in washington. again, it is giving a very colorful, firsthand look at how many security issues the police were dealing with throughout washington even before the riot at the capitol. here's a brief snippet. >> we have a mob inside the flag circle inside the entrance to the monument. just be advised. when you come up to get the fr prisoner to stand by for now. >> we have a major -- that's what we need to do. there's a large crowd surrounding the monument. >> prisoner is inside the base of the monument with multiple park police officers. they are completely surrounded with protesters and they're trying to figure out a plan, how to get the -- >> we have individuals with shields and gas masks at the statue. >> okay, they're at the lincoln statue with shields and masks? >> taking pictures right now with a flag that says [ bleep ]. >> to direct the units at 141, monitor only, do not take any kind of enforcement action. >> jim, what is abundantly clear from these radio transmissions is that park police was dealing with a dynamic situation. basically everything was happening at the same time then further, they had this big security risk in backpacks they were left out on the sidewalk because a lot of protesters came to the rally thinking they could bring in their backpacks then just left them on the street. they were trying to deal with these unsecured bags, which causes a risk. it just shows how dynamic and challenging the situation was for law enforcement again, hours before the riot. jim. >> thanks so much for that. the house select committee investigating is still piecing together that chaotic and deadly scene. one piece is whether intelligence failures factored in. but what if they weren't failures? my next guest is a whistleblower who said they repeatedly ignored -- on domestic extremism and a former acting undersecretary at dhs joins me now. brian, did trump security officials make decisions that, in your view, down played some of these threats that contributed to january 6th? >> absolutely. i was just watching the clip and i think to get to the point where those park police officers were surrounded and not aware ahead of time what was happening is really kind of that final marker. the intimidation of the intelligence community, the change of direction, the lack of resources, all those things were started weeks and months beforehand. so by the time it came to that unfortunate day on january 6th, organizations like the park police and the capitol police are largely dependent on bigger federal agencies such as the fbi and dhs to get the intelligence they need to prepare in advance. they don't have the, you know, broad domestic reach. so those officers were caught off guard. it's clear by the audio. that's just a, you know, what it all led to in some respects. >> it's incredeible. to think we thought we knew everything about january 6th up until this point, clearly we don't if there was an incident at the washington monument. more extensive than what was happening at the capitol. do you think some dhs officials need to testify before the january 6th committee? members of the committee have talked about wanting to get to the root cause of what took place on january 6th. what do you think? >> i think there's a lot of dhs officials that yowe an explanation. jeff among them is joseph maher, who replaced me. he shut down all of the collection we had in place that would, sure as i'm sitting here, that we would have found and detected. these people were not hiding. this was in plain sight and he shut that down and he's now on the committee as a member. serving under one of the republicans. i'm for the committee, you know, finding the truth, the objective truth, and i'm concerned one of the people needs to testify is actually working on the committee. investigating himself. >> you alleged that chad wolfe and ken kuch nelly cavgave the orders. do you think they got this directive from the white house? is there anything that indicates that they got this from the white house because i remember from covering the administration there were things that were just unspoken and you understood it if you worked in various parts, that officials really cared about it. >> i was never told that directly, but i share the idea you just expressed, that it was unsaid from on high down or if it was said, it was certainly implied and directed from cuccenili. after that, it was everything to stop the intelligence from coming forward. >> what kind of intelligence are we talking about? do you think that there was sort of a, an edict, unspoken edict perhaps to stay away from the proud boys? from the oath keepers, if questions were raised about the oath keepers and the proud boys and those kind of extremist groups, did you have officials from high up coming down on you or diverting your attention to other things? >> certainly. >> how did that work? did you experience that? >> absolutely. they wanted to change the narrative to amplify, you know, groups on the left, like antifa, which are dangerous, but they're not on the same scale. i just always found it i think foolish of them not to recognize the past that white supremacy has killed more americans, year-over-year, with the exception of two or three years of the last 20 years. to say that white supremacy is the biggest terrorism threat in term of the number of people unfortunately killed in the u.s. by this, it's easy to look up. these statistics are kept. so why would that be something they don't want to put out? surprising to me. >> yeah, why is that? and you say that white supremacy was one of these third rail issues. a key idea that some of these extremists are pushing is something called replacement theory. i'm sure you've heard about it. now we're hearing it from republicans in addition to certain people on fox news. we're hearing from republicans as well. let's watch. >> joe biden has thrown the border wide open and our country is being invaded by hundreds of thousands of people every single month. this is an invasion. >> they want to replace the american electorate with a third world electorate. >> it's an insurgence, an invasion. >> as we're replacing native born americans to permanently transform the political landscape of this very nation. >> this administration wants complete open borders and you have to ask yourself why. is it really they want to remake the demographics of america to ensure that they stay in power forever? >> what do you think about that? >> i think that's disinformation b at its base level and foments polarization, which is really the threat we face here. you know, i'm fortunate enough to join a company called l logically that works on disinformation. what was said there, for reasons that are toxic and actually not true is what the problem is in the united states and my estimation. so i'm glad i can continue the efforts to look at disinformation because it's a problem. these people are putting out half truths and disinformation for political gain. >> and trump has talked about running again in 2024. he's made it clear he's probably going to run. you have said that would be a disaster for democracy, but the fact is most republicans want it. they want him back. as scary as that might be for the country. what does that say to you? where are we right now? >> as i've said before, i voted for trump the first time around. >> you voted for him. did you think it was going to turn out this way? >> no. for me, it wasn't a choice that, wasn't my first choice, but i did vote for him. i think for where we're headed, if he does get the nomination and is elected, we're going to walk into a liberal democracy similar to a lot of other countries that have tilted back away from a liberal democratic society that we live in and we're going to backslide. >> i hope you're wrong on that count. but i think some of the warning signs are there as well. i saw up close and personal myself and it sounds like you did as well. like to have you back if we can. appreciate it. >> thank you. coming up, do as fox's top talent says, but apparently not as they do. as this picture from inside the fox news studio d.c. reveals the top talent and leaders are all masked, but some at the network still insist on spreading deadly misinformation. our segment on this is next. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. ♪ ♪ i give families a home, not just a place to stay. i am a vrbo host. ♪ ♪ (upbeat music) - [announcer] getting your favorite restaurants delivered to your door just got better. introducing the grubhub guarantee. it's our promise to deliver the food you love on time and give you the lowest price... ...or you'll get $5 off your next order. experience your food just like the restaurant intended. that's the grubhub guarantee. ♪ ♪ every day can be extraordinary with rich, creamy, delicious fage total yogurt. with mucinex all-in-one you've got unbeatable relief from your worst cold and flu symptoms. so when you need to show your cold who's boss, grab mucinex all-in-one... and get back to your rhythm. feel the power. beat the symptoms fast. tucker carlson is obsessed with something called great replacement theory. he talks about it a lot. >> to change the racial mix of the country. that's the reason. to reduce the political power of people whose ancestors lived here and dramatically increase the proportion of americans newly arrived from the third world. in political terms, this is called the great replacement. >> it's a white supremacist talking about. he calls it a theory because it makes him sound smarter. he also likes to spread his theories about the vaccine. >> people feel so desperate and alone at this point if you haven't gotten the vaccine, which is free and readily available, there's a reason for it. you've thought it through and decided not to. you thought it was your right. but people are being forced to. some are being forced to getting fake vaccine cards. >> we know this is a recurring theme on fox with host after host injecting misinformation into the minds of their viewers. >> we now know that when they say the hospitals though are being overwhelmed, it's almost always a lie. >> this echo chamber includes far right lawmakers in congress amplifying the hysteria. >> vaccine to a pandemic could be dangerous. you could have variants produced that evade the vaccine. i think maybe that's what's happened with delta. i don't know. i'm not a doctor. not a medical researcher, but i talk to a lot of them. >> i don't know. i'm not a doctor, but i talk to a lot of them. senator from the great state of denial. there are consequences from this dishonesty. according to the cdc, unvaccinated are 11 times more likely to die. take a look at this page of "the new york times." this is where they took their last breaths. overwhelmingly in the south. in red states. overwhelmingly in places where fox news occupies a lot of screen time. two weeks ago, i showed you this video. each american killed by the virus is represented by a white flag. on september 18th, there were 670,000. last night, we crossed another painful threshold. 700,000 americans dead. among those dead are people who were fed lies by online m misinformation, by the former president, who was dismissive of science, and got a shot in hiding. and they were lied to each night by this guy. >> if vaccines work, why are vaccinated people still banned from living normal lives? honestly, what's the answer to that? it doesn't make any sense. if the vaccine is effective, there's no reason for people who have received it to wear masks or avoid physical contact. so maybe it doesn't work and they're simply not telling you that. so what is the real number of people who apparently who have been killed or injured by the vaccines? well, don't know that number, nobody does, and we're not going to speculate. but it's clear though, whatever is happening now for whatever reason is not even close to normal. not even close to what we see in previous years with previous vaccines. most vaccines are not accused of killing large numbers of people. >> these are all lies. the theory that tucker should really address is fox replacement theory. fox replacement theory. there is no way to replace the americans those flags on the mall represent and tucker, talking to you right now, there is no way to replace the viewers whose lives you are endangering with your lies. these lies may sadly capture your viewers' attention, but keep it up. some of those folks, not all of them, some of them might not be around anymore to listen to your lies. it's not just tucker. you've seen the big name nba players who say they don't want to get vaccinate. they're lucky. they're young. it's likely they won't die. perhaps you noticed ted cruz tweeted he's in solidarity with these players. didn't realize he was such a big fan. did the rockets suddenly move to cancun? just as an aside, he even used the hash tag, did you see that? your body, your choice. he's from texas where abortion is all but banned now, but i digress. of course, ted cruz is just using these players to play to the anti-vaxxers and the gop. they want to own the libs. even if they don't end up owning the living. here's a concept. don't own the webs. own the lives. own the living. by living. yes, i've heard the excuses about getting the vaccine. you don't know what's in it. if you don't know, as my mother would say, look it up. as i was getting ready to do this show, i was thinking i don't know what's in this shampoo or in this tooth paste. i don't know what happens if i use the shampoo and the tooth paste at the same time. and neither do you. i mean, besides getting clean, of course. but when it comes to the vaccine, all of a sudden, you want to play dress up, put on a labcoat and do your own research over accepting the advice of medical professionals and your research consists of listening to tucker and the internet? it's october so i was thinking about ending this segment with this meme from halloween. i did my own research. memes are funny. but i'd rather end with this image. it's of the recently renovated fox news offices here in washington, d.c. almost all the people in that photo, see it right now, that's at fox here in washington. wearing masks. apparently 90% of company employees have been vaccinated. might even be higher than that now. the fox slogan used to be we report you decide. maybe it's we mandate, you comply. perhaps now it's your body, your choice. your body. your choice. and just look at the choices that they made. i guess they don't want to be replaced. coming up, the supreme court justices don't hold back their unusually candid comments about deep divisions growing deeper behind the scenes and later, a low flying drone meets its demise in the wildest way possible. we'll hear from the man at the controls. . ♪ and pardon when i shine ♪ ♪ hands to the sky, all mine ♪ ♪ woah, woah no ceiling woah ♪ ♪ woah good feeling woah ♪ ♪ woah, i might send it up ♪ you don't get much time for yourself. so when you do, make it count with crest pro-health. it protects the 8 areas dentists check for a healthier mouth. the #1 toothpaste brand in america. crest. the new citi custom cash℠ card, a different kind of card that rewards rashida and dan where their spending is trending. just ask fifth class this week rashida... rashida: dan, no pain, no gain. okay? dan: yeah i know, it's just...hello? claire, what? fire? ...or always road tripping on empty dan... rashida: i told you this would happen. dan: the light was not even on. no, it was on. dan: what? with the new citi custom cash℠ card it pays to be you. from fitness clubs, gas stations, restaurants and more, earn 5% cash back that automatically adjusts to your top eligible spend category, up to $500 spent each billing cycle. (vo) at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when it departs. being first on the scene, when every second counts. or teaching biology without a lab. we are the leader in 5g. #1 in customer satisfaction. and a partner who includes 5g in every plan, so you get it all. without trade-offs. unconventional thinking. it's better for business. nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine. if you have diabetes, you should wear a dexcom. i'm on this one because it's the best. and because it works. it's easy to wear. you put it on, and the numbers are there. no fingersticks. i can't say that enough. the dexcom is a game changer. i've always focused on my career. but when we found out our son had autism, his future became my focus. lavender baths always calmed him. so we turned bath time into a business. and building it with my son has been my dream job. at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com when you really need to sleep you reach for the really good stuff. new zzzquil ultra helps you sleep better and longer when you need it most. it's non habit forming and powered by the makers of nyquil. new zzzquil ultra. when you really really need to sleep. you're driving innovation. you're racing to the cloud. you need to do it securely. that's why palo alto networks developed prisma cloud - an integrated platform that secures your cloud environment end to end. used by the world's largest organizations, prisma cloud provides the cyber security you need from code to cloud. so you can get cloud security right, the first time around. we've got next. a noticeable series of rare public opinions these days from the justices and it's the tone that's so extraordinary. the most recent from supreme court justice alito who took on critics. jes jessica schneider has more. >> the start of the new term is monday, but the justices have been unusually outspoken. five of the nine justices have made public appearances in recent weeks, speaking out about the divisions that have been deepening behind the scenes. >> i think the court was thought to be the least dangerous branch and we may have become the most dangerous. >> the danger in his mind is that the media and the public portray the court as political. thomas is the senior most jus tuss on the court. he spoke to students insisting he's driven by the law, not his own opinion. >> they think you're antiabortion or something, personally they think that's the way you'll always come out. they think you become like a politician. and i think that's a problem. >> the supreme court ignited a fire storm last month when it allowed a restrictive texas abortion law, essentially banning the procedure after six weeks, to take effect. the 5-4 decision came down in the middle of a night without a hearing causing critics to slam the action. a new poll conducted right after shows a plummeting approval rating of 40%. the lowest in 20 years. the liberal justices lashed out with stinging dissents when the decision came down and some have spoken out. justice sotomayor was blunt. there's going to be a lot of disappointment in the law. a huge amount. justice briar minced no words on the texas decision in an interview with cnn. >> i thought they were wrong. >> the conservative justices had been pushing back. the newest justice, amy coney barrett appeared with mitch mcconnell and declared my goal today is to convince you that this court is not comprised of a bunch of partisan hacks. justice alito was more forceful yesterday, at times blasting the media as a dangerous kai ball, dec dec deciding important issuing in the mid dle of the night. >> and our thanks to jessica for that. joining us now, cnn chief legal analyst, jeffrey toobin. there's so much to talk about here. i mean, first of all, some of these justices are a little sensitive about getting criticized but you know, i mean, when amy coney barrett appears at an event with mitch mcconnell, i mean, what do you expect? >> well, and what a coincidence, jim. the, amy coney barrett appeared at mitch mcconnell with mcconnell in louisville. neil gorsuch, after he was confirmed, appeared with mcconnell in louisville. brett kavanagh appeared with him. who do you think they owe their seats to? they can argue that politics is not part of the court, but you know, those of us who follow the court and ordinary citizens can see what's in front of their eyes and politics is now and always has been an integral part of the supreme court. >> right. if you don't want politics to be part of the court, don't engage in politics while sitting on the supreme court. and this public -- >> and if i could just add, you know, there is something called traditional philosophy. amy coney barrett and her speech said, oh, judicial philosophy is totally different from politics. no it's not. judicial philosophy is politics in judicial interpretation. i don't criticize the justices for that. you know, ruth bader ginsburg and antonin scalia had different approaches to the law. that doesn't make one right and one wrong, but politics was intricately bound up in how they viewed the law and it's true of the other nine as well. >> how much do you think is attributed to the majority's decision to let a texas ban on abortion take effect? this public display we're seeing now? >> you know, i -- >> it feels like rowe versus wade is the whole ball game. >> i agree. one of the things the justices expect is procedural regularity. they argue cases, hear cases and write decisions. what was so outrageous about what happened in the end of august with regard to the texas abortion law is that here, they decided this incredibly important issue. texas is effectively banned abortion and contrary to roe v. wade and casey, the supreme court let that happen with a one paragraph brush away. you know, non-opinion. that outraged the liberals in a way that an actual opinion would outrage them less and they had every right to be outraged. not withstanding what justice alito said at notre dame. >> back in 2018, you said that justice kennedy's retirement meant roe v. wade was doom and after the death of ginsburg, trump appointed amy coney barrett. we know what happened in texas. what happens next? just feels like this is all moving towards that movement. >> well, you know, donald trump, whom you covered better and closer than anyone, said repeatedly, i am going to appoint justices to the supreme court who will vote to overturn roe versus wade. what i think he meant by that was he was going to appoint justices to the supreme court who will vote to overturn it. that's what they did in the dead of night at the end of august. i think once they get this mississippi case, which is a similar law virtually banning abortion in the state, that's what they're going to do in regular order, but i think roe v. wade's days are numbered because donald trump had three appointments to the court and samuel alito and thomas have said they want to see it overturned. five is what you need in the supreme court. >> all this comes as the possible retirement of 83-year-old justice steven briar looms. i think we've heard mitch mcconnell say in recent days, if republicans take back the senate, they may just start blocking the appointment of a replacement then. i mean, the rules have changed, jeffrey. the rules for putting justices on the high court, informal as they may be, they're not etched in stone. have completely changed in washington. so doesn't that make the case to him that he has to step down sooner rather than later? >> scalia died when there were 11 months left in barack obama's term. mitch mcconnell said on the day of his death, there would be no vote to replace him and merit g garland's nomination ever got a hearing. i don't have the slightest doubt that mitch mcconnell will do the same if he has the chance. steven briar seems to believe that the supreme court is somehow isolated from politics and that his departure is not involved in the political system. i find his position baffling, but he's the one on the supreme court and he's the one who has to decide whether to retire or not. >> all right, jeffrey, thanks so much. appreciate it. coming up, do you know this man? the rock legend who was able to sneak under the radar. plus, diana premiers next sunday on cnn. coming up. before we talk about tax-smart investing, what's new? -well, audrey's expecting... -twins! grandparents! we want to put money aside for them, so...change in plans. alright, let's see what we can adjust. ♪ we'd be closer to the twins. change in plans. okay. mom, are you painting again? you could sell these. lemme guess, change in plans? at fidelity, a change in plans is always part of the plan. you founded your kayak company because you love the ocean- not spreadsheets. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire this may be the adult version of the dog ate my homework. a camera man was flying a drone over a lagoon when a crocodile leapt out of the water and crunched it. you can't make this up. look at it right there. unbelievable stuff. we'll let him explain how it went down. >> i got the drone up over a small lagoon and all the crocs were skittish, but there was one really holding its own. i thought great, i'll juse this fellow. i can get some decent shots of him. i lined the drone up, moved over the top of him and as i was doing that, i looked up towards the lagoon and heard the great clamping noise of a crocodile's jaws coming together. and looked down at my controller and sure enough, it was blank screen and no connection. i thought, oh, wow, that was a brand-new drone. this is going to be a really hard one to explain. >> yes, that story from darwin, australia. the drone was found a couple of weeks later on the banks of the lagoon covered in bite marks. please allow me to introduce the man in this photo. mick jagger walks into a bar and no one noticed. yes, he tweeted this photo from the thirsty beaver saloon in charlotte, north carolina, standing alone drinking a beer. somehow, people around him are blissfully unaware. the guys on the right, they can't get in satisfaction from this photo. i can't believe i read that. they pay upwards of $400 a ticket to be as close to him as possible. i am shattered that they had no idea they were next to jagger the whole time. the thirsty beaver saloon. coming up, the president urges his party to take a deep breath and come together over legislation that could make or break his political future. ♪ estoy brillando con mi drip drip ♪ ♪ una luz que no se apaga ♪ ♪ ♪ ♪ ♪ charlotte! charl! every day can be extraordinary with rich, creamy, delicious fage total yogurt. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. liz, you nerd, cough if you're in here! shh! i took mucinex dm for my phlegmy cough. what about rob's dry cough? works on that too, and lasts 12 hours. 12 hours?! who studies that long? mucinex dm relieves wet and dry coughs. - hi sabrina! - hi jen! hi. so you're the scientist here. i just have to ask. does my aveeno® daily moisturizer really make my dry skin healthier in one day? - it's true jen. - really?! this nourishing prebiotic oat formula moisturizes to help prevent dry skin. - one day? - for real! wow! aveeno®. healthy. it's our nature.™ and for twice the moisture, try the prebiotic oat body wash, too. i gotta say i'm still impressed. very impressed. in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. you're live in the cnn newsroom. president biden's sweeping economic agenda clinging to life after tense talks on the hill. democrats gives themselves one more month to overcome