lifting the ban on the ban, the texas appeals court is pressing pause on that order. and william shatner gearing up for a real-life space mission. >> we are so glad you are with us. the legal news gods knew i was coming. >> the subpoena showdown. >> former trump advisor, chief strategist steve bannon citing trump claims of executive privilege. even though he's not the executive anymore. current president biden says not so fast. >> good morning. the stand off over accountability continues as former president donald trump makes it clear. he wants to assert executive privilege over to the congressional committee after the biden administration that is one of the fights brewing. a number of loyalists. we heard from folks around that he plans to defy tha t subpoena. his group other witnesses they have called on would be engaged with the committee. also making clear. they don't want to dilly daly. making sure they will hold those witnesses that don't comply in contempt. >> let's dig a little deeper and get some perspective. mic mic mic michael zeldon, a former prosecutor. i want to start with the documents that the house wants from the national archives. we are talking phone records, tweets. documents related to what happened at the actual riot. trump says he will evoke executive privilege. the current white house counsel says it is not up to you. writing, quote, the concepts of executive privilege should not be used to reflect clear and apparent effort to subvert. explain here for folks at home. we only have one president at a time. what does the former president think he's up to hear? who does the privilege belong to? >> the privilege belongs to the united states. it is the current president's voice that matters most. the former pris has his opinion. in the end, we saw this litigated in effort to make documents available that he didn't want. he wasn't even an employee on january 6. he was fired years before. how will that work. on its face, the privilege isn't applicable to him. fur on the house committee, what do you do here is if you were on the house committee, assuming he was served. just so we know, political is reporting he has been served we know bannon is not cooperating. >> the answer is, if you have been served and you refuse to show up. congress should enforce the powers of contempt. >> we saw this in the case of the mueller investigation. the court resolved they have to come in and test. they ultimately did. the problem is speed. if the courts are dilatory, it will drag on for a long time. they should use all of their powers to get in there. >> what does the attorney general want to do with that? merrick garland will be the one in the decision making seat on that one. >> correct. >> hopefully we'll get access to your knowledge again with these twists and turns. >> thank you. covid 19 hospitalizations, cases and deaths continue to decline. new cases have fallen below 100,000 cases per day for the first time in two months. but still stressing the importance of vaccination. >> cautiously optimistic. whether we see another surge depends on what we do with the hospital rates. >> places like alaska are still seeing high numbers. breaking down th e details. gentleman it is clear most of the nation is on the right path. >> some communities are really well vaccinated and protected. then there are pockets of places with very little protection. >> that concerns this kwhite house and the last. >> this was associated with an increase in vaccination rate, more testing, doubling of the mask wearing. we are not out of the woods just yet. a lot of americans who do not have natural immunity and have not been vaccinated. they are still susceptible. >> alaska remains on high covid alert. 20 of the medical facilities implemented a crisis of care. vaccine advisors will meet to discuss boosters and vaccinations that increases the likelihood of children receiving shots before halloween. >> truly devastating new data. roughly one in 500 american children has lost a mother, father or grandparent. one in 500. children of racial and ethnic minorities accounted for 65% of those that lost a primary care giver. minorities make up just 59% of the total u.s. population. white children only accounted for 35% of that. it strikes me so much this is happening at the same time we are asking these children to go back to school and they are dealing with the loss of a care giver. the long-term implications are difficult. those securing care have an increased risk of mental health issues, sexual assault. that's an entire generation of kids dealing with the ramifications of the paernd. that is not something you can easily adjust. ahead, the federal appeals court reinstating the ban of abortions. >> and president biden trying to put a positive spin on the second disa pppointing number o jobs. worth is watching your employees grow with it. principal. for all it's worth. regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a 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likely unconstitutional. that bans an abortion as soon as a doctor can detect a heartbeat. and allows private citizens to sue abortion providers. many opted not to reopen their doors while this case continues in court. because of the ban in texas, nearby states like louisiana and oklahoma are siege an influx of women hoping get their procedures before it is too late. >> women in texas went to sleep with constitutional rights and wake up no longer able to legally get an abortion. what is your reaction? >> it is not unexpected. we are not shocked. >> i read you said your phone lines have been absolutely flooded with calls from women in texas over the last month since this law was passed on september 1. what has it been like on the ground in shreveport? >> it has been a constant ringing of phones. yesterday, the highlight of my day was the gratitude expressed as we were moving appointments from the end of the month to squeeze them in. one of my nurses spent the day rearranging and confirming appointments. it's just been ongoing. normally 18 to 20% of the women we see are from texas. at this point in time, we are running closer to 60%. >> it jumped up that much in the last month. how far out are you booked? >> until the end of the month. we are trying to move forward and rearrange. we've extended our hours on consult days because of covid and the distancing we are still practicing here, we are having to limit the number of people in the building at times so it requires a lot of juggling on our end. >> i know hurricane ida also through a wrench with so many clinics forced to shut down. you have more women coming from texas. it is the perfect storm here. can you help give people a sense of how onerous this is. can you fact check this. you can't just take a day trip over to louisiana. there is a 24-hour waiting period. perhaps a woman has to take the day off of work, spend the night in louisiana, is that right? >> that is correct. we have a 24-hour waiting period which was extended to 72 hours. we are challenging that. in the meantime, we are at 24 hours. a lot of women cannot be away from home extended periods of time. most patients have families, jobs or are in school. we are seeing a lot not able to return the next day. there's a lot of juggling involved at this point. >> these are not teenaged girls. these are women who already have children and that's why they are coming to your clinic. what is your take on what you are hearing from women who come in? maybe even women in louisiana. how worried are they that they are going to see a similar law in their state like in texas? >> everybody is absolutely worried. not just providers but louisiana patients. it is a known fact that what manages to pass in one state. we are hearing from women, providers and legislatures. >> serving as a blueprint for states that want to do like texas. still ahead, disappointing jobs record and fading poll numbers. what this means for joe biden's ambitious agenda. 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on this? >> the president is facing a number of problematic issues all interskekted. the president really tried to put a positive spin on things. he honed in that for the first time since march 2020, the u.s. has hit under 5% of under employment. he did not say that was partially because much of the u.s. work force has had to leave or could not find jobs. but that his administration is moving forward. >> right now, things in washington, as you may know, is awfully noisy. we are actually making real progress. maybe it doesn't seem fast enough. i'd like to see it faster. maybe it doesn't appear fast enough. we are making consistent steady progress. >> now yesterday in his remarks. president biden made the case congress needs to pass the agenda. that bill and social safety net. administration officials support that weak job's report yesterday, just bolsters the case. bottom line is that these issues are central to president biden and his administrations success. when you talk to white house officials over the past few months, they make the case that not only is it getting control of the pandemic but also making the economy work for everyone. that is going to bring that success and bring these two bills. bipartisan infrastructure bill and safety package will do. it has been kind of a struggle to get all of these things past. >> kind of a struggle to say the least. live at the white house, thank you so much. the biden administration is canceling more trump era contracts to build a wall. the latest cover sectors in the loredo and in the valley. returning some of that property to land owners that have spent years fighting that in court. >> canceling some walls and bringing back others. bringing back three national monuments. the president signed a proclamation calling it, quote, the easiest thing i've done as president. so far, bear ears and grand stair case. >> still to come, the nobel peace prize for two journalists standing up for freedom. more next. 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i appeal again, don't be afraid. >> representing ressa fighting what she has called fighting to silence others. proven she will not be silenced. reporting for cnn. welcome to underscored here. your guide to the best in tech, style, health, travel. editors work to find, test and rate products to make informed decisions before you spend your money because you've earned it, right. with us, we are talking about blenders this week. the price varies a lot but so do the features. >> true. our overall pick is the brevell su super -- breville super q. price tag of $500. for 10 years, it could be worth the investment for the right person. it is a person who is an everyday blender user. this is 1800 watts. it is relatively quiet compared to others. you have someone in the next room and you you are doing ice, you will wake them up. it does a good job. everything perfectly silky. soups, nut butters. digital display. 12 setting manual and some resets. it will do ice or smoothy with one touch. it is not cheap but you are getting a top of the line appliance and it is a little cheaper than some other players out there. >> it comes with extras. it comes about the big 64 ounce and the little smoothy cup, a 24 ouncer. a smasher, book for receipts. >> awesome. so this is $500 for all of you -- i love the fact that you can make soup, heat it up and pour it out. >> that's fantastic. >> this is our budget pick. the nan ninja professional plus only $100. this is 1100 wats. it has a cool triple blade design. it does a good job. we had some shards of ice, an occasional chunk. you don't get the hot soup. nut butters were a little powdering. overall, it did a great job. quick release lid. it is sturdy. really nice for $100. everyday use, you might go for something else. >> thank you. get more information at cnn.com/underscored. ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ i'm alphonso, and there's more to me than hiv. there's my career,... my cause,... my choir. i'm a work in progress. so much goes into who i am. hiv medicine is one part of it. dovato is for some adults who are starting hiv-1 treatment or replacing their current hiv-1 regimen. with just 2 medicines in 1 pill,... dovato is as effective as a 3-drug regimen to help you... reach and stay undetectable. research shows people who take hiv treatment as prescribed... and get to and stay undetectable... can no longer transmit hiv through sex. don't take dovato if you're allergic to its ingredients... or if you take dofetilide. taking dovato with... dofetilide can cause serious or life-threatening side effects. hepatitis b can become harder to treat while on dovato. don't stop dovato without talking to your doctor,... as your hepatitis b may worsen or become life-threatening. serious or life-threatening side effects can occur,... including allergic reactions, lactic acid buildup, and liver problems. if you have a rash and other symptoms of an allergic reaction,... stop dovato and get medical help right away. tell your doctor if you have kidney or liver problems,... or if you are, may be, or plan to be pregnant. dovato may harm your unborn baby. use effective birth control while on dovato. do not breastfeed while taking dovato. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. so much goes into who i am and hope to be. ask your doctor if treating hiv with dovato is right for you. finally yasso! a ridiculously creamy, crunchy, chocolatey dipped ice cream experience with 25% less calories because it's made with greek yogurt. so, thanks for everything ice cream, but we'll take it from here. yasso audaciously delicious the coach of the las vegas raiders is reportedly under fire for using racist language in a decade-old email. >> so coi, the coach could have apologized but no? >> jon gruden says he is sorry for the language he used to describe the director then in 2011. calling smith, dumb morris smith saying he has lips the size of michelin tires. >> he said he doesn't remember writing the email and that he doesn't remember writing and doesn't have a racist bone in his body. raider's owner calls it appalling and is addressing the matter. >> saying, quote, this is not the first racist comment i've heard and probably not the last. i will not let it define me. >> they voted to retain him as executive director. >> talking baseball now. getting hopping early last night. bringing boston to within one. and hernandez there. bye bye baseball. and another mammoth blast. remaining 14-6 with a record of five home runs tying the series. >> jerry rice and steve young firing up the san francisco crowd. giants legend answering the call. the world series champ hits a and that's all giants' logan webb needed. ri ri ricerroni for the fans. >> the astros have a commanding lead 2-0 over the white sox. and you can catch both national league games today on our sister network tbs. playoff baseball has been nothing short of magnificent this early on. >> i always root for my home team. even if i don't follow it day to day. i root for my white sox. >> there you go. >> some day, coy, you'll have miami marlins highlights in there. island hold my breath. coy wire, great to see you. a quick programming note on "this is life" lisa ling is exploring historical events that changed america but are rarely found in history books. in this week's episode, lisa signs light on the murder of a chinese-american in the 1980s. and the community combatting a new wave of anti-asian hate crimes. here's a preview. >> when did you realize i'm working for a chinese company. >> probably about six months after i was here. >> did you think anything of it? >> no, actually worked really good hand in hand with them. i actually made good friends right away. >> one of the chunchinese engin has become a role model for danny. and a friend. >> right. >> always 100% there. >> thank you, sir, have a good day. >> since we started hearing about all of the attacks on asian people, do you worry about them? >> i do. i worry about them outside of work, because you never know who you're going to cross paths with. i hear a lot of team say this is a chinese company. it's chinese. but this is an american company. it's in lancaster, california. we employ everybody. chinese, american, it doesn't matter. >> a terrific episode of "this is life" with lisa ling. the season premiere airs tomorrow right here tomorrow on cnn. we'll be right back. knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. 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captain kirk, headed back to space. on tuesday, "star trek" star william shatner, a 90-year-old man is part of the blue orbit liftoff into space. kristin fisher has a preview. >> the command. >> reporter: he led the uss enterprise on an intergalactic odyssey. now he will get to go on his own odyssey. >> things i only played as an actor, i'm going to see first hand. >> reporter: "star trek" iconic james kirk will get to go to space for real. >> i'm thrilled. anxious, a little nervous. and a little frightened about this whole new adventure. >> reporter: blue origin announced on monday that actor william shatner will be on the next flight alongside audrey powers blue origin's vice president of mission and flight operations. >> two -- one. >> reporter: shatner, powers and two others will liftoff next tuesday, less than three months after the company's first crew launch. the crew will enjoy about four minutes of weightlessness, during an 11-minute trip to space, similar to what jeff bezos and two others did in the summer. >> on tuesday morning, i go to the edge of space and loosen the restraints around me. and be weightless. and looking into the vastness of the universe. >> reporter: shatner who played captain kirk on the hit television series "star trek" and went on to star in seven "star trek" films joked about this opportunity years ago. >> if you were given the opportunity to go into space, would you? >> if i got a guarantee that i'd come back. >> reporter: that opportunity is now here. and 90-year-old shatner seemed surprised himself. >> because 55 years ago, i was destitute, and i'm looking at the sky, and the astronauts stepping on the moon. and i had a little bit to do with the astronauts. and 55 years later, i'm going into space. i want to come back and tell you about how i really felt when i saw these things that we've only learned about second hand. >> reporter: his fans are excited to hear about his mission, too. many taking to twitter to express their excitement. late night host stephen colbert making a joke about the notion, tweeting i hope william shatner doesn't have unreal expectations of what space is like. kristen fisher, cnn, washington. >> thank you for the report. good luck. >> i still can't believe he's 90 years old. >> i know, he looked good. >> great for 90, yeah. next month, nasa will send a spacecraft into orbit that will intentionally crash into an asteroid moon. it's not usually a sentence that you want to hear with a crash in space. it's in the same of planetary defense. it is calls the d.a.r.t. submission. which stands for the double asteroid revolution test. with the notion of a near asteroid in space. the hope it can redirect comets near the planet that can cause major damage. good morning, and welcome to your "new day." i'm boris sanchez. >> and i'm laura jarrett in for christi this saturday. >> boris, great to see you. >> great to see you as always, laura. a congress showdown, steve bannon saying he's

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