criminal contempt for failing to appear today. >> he said he is not participating because the former president advised him not to. so where do things stand now? >> reporter: what stands now is the selective committee will meet on tuesday. that's where they will have an official business meeting where they will vote on criminal intent in the house of representatives. once they vote on that, it will be taken to the house to execute. this is basically the committee making good on a promise. they had warned these individuals that they had subpoenaed that they were going to do everything they had in their power to get them to comply with their subpoena request. steve bannon in particular has been the most defiant of this group of individuals that have been subpoenaed. he has said repeatedly that he was not going to comply. he sent the committee two different letters where he specifically said that he felt he didn't have to comply because the former president donald trump was going to defend executive privilege in that matter. well, the committee simply didn't buy that argument. in a statement today, the chairman betty thompson saying, quote, the select committee will not tolerate defiance of our subpoenas, so we must move forward to proceedings to refer mr. bannon for criminal contempt. i've notified the select committee we will convene for a business meeting tuesday evening to vote on adopting a contempt report. now, this move by the select committee is not something that is used often in the halls of congress. in fact, the last time a criminal contempt referral was voted out of the house was way back in the reagan administration. it's not a simple process, but it shows that the committee is taking this very seriously, and they hope it sends a signal to others who may be considering defying their subpoenas, that they will take this step with them as well. >> what about that, ryan? what about the other trump allies? what's the status of their showing up? >> alisyn, of course, caskash pl was scheduled to show up here today, the deputy and deputy chief of staff. they have offered up a short postponement of their depositions as they work through this. and dan scavino, they delayed his subpoena as well, and they are ready to do the same with patel, meadows and scavino as they did with bannon if they feel they're trying to drag this process out without actually cooperating. >> ryan, thank you for explaining the breaking news. stanley rand is the former house of representatives. we were just told how it needs to be sent to the doj. what do we need to know how as this potentially heads over to doj and how rare those charges are to be filed? >> after the certification of the house, if the house votes to ratify what the committee has done, there is a referral to the u.s. attorney and the district of columbia who has to decide whether to bring it to a grand jury. if there is, and a hearing cons construes, then they have to bring it before a criminal trial. with jury verdicts, there are often appeals as there have been in the hundreds of cases filed in the 1950s and 1960s, many which were reversed because of inefficiencies in the case. the last time this happened, i was actually counsel to the house in 1983 when we referred ravita covel for contempt and she was later indicted. before they get a final judgment, it could be years. >> i want to put a final point on that. you were the general counsel for the house the last time this was tried, and it was 1983, and it didn't work out that well. so what is to think that something has changed now and that it would be fast tracked or that it would end in a conviction? >> there isn't any. the problem for the congress is when you refer this to the judicial branch, all the due process requirements that go with the criminal prosecution go with it. justice moves deliberately. and so it's not a slam dunk that this would be finished within a year. and at that point, the congress doesn't even necessarily get the testimony. it gets a conviction. it's a criminal statute. it's a punishment. it is not a civil enforcement mechanism where the witness can purge the contempt through complying. it's a very awkward process. >> we're talking about all of the i diosyncraries in the pro process, and that's important, but how is it that someone can be subpoenaed by congress, essentially say no, and not be brought to justice for it. is there no way to fix this process? >> there is no way to fix it because they have due process for this as they do all of them. there is simply no way to force the subpoenas, and that's been true from the beginning of the republic until now. so yes, they are impediments that are purposely put there by the discussion that require the congress to meet certain standards. after they meet them, if they do, they can successfully prosecute someone. but those intermediate steps have to be taken. >> obviously steve bannon knows all of this. obviously that's why he's flouting the rules. we had just had a professor on last hour who was saying there is a way to fast-track this, that we have learned things since 1983 when you went through this experience. okay, maybe they never extract the information they want out of him, but a conviction is a conviction. couldn't that happen within a year? >> it could, but understand, this is a misdemeanor statute. the lowest level of federal offense that can be imposed. and the courts have been reluctant to imprison witnesses except in the case where the congress has met its burden and prevailed by -- beyond a reasonable doubt. so, yes, it is conceivable that at the end of the day, there would be a conviction and that would be upheld on appeal. but that still is going to take time. that will not be fast-tracked in a way that preempts the normal criminal process. >> this committee set out to get the american people answers about who was involved in the o o orchestration of this insurrection. do you believe they will get answers? >> we have a judge that has subpoenaed millions of documents and millions of feet of video. if they don't know by now what happened and who the perpetrators were, i'm not certain a congressional committee is likely find out. if there are incriminating records within the files of the justice department about things that went on with respect to the people the committee is seeking, the justice department already has it. >> i suppose, but what they're really looking for now, i think, is what former president trump's role was in it while he was in the white house, what he was doing beforehand, what he was doing during it. don't they need his inner circle to show up to explain that? >> if there are e-mails and communications in his inner circle and people were involved in the insurrection, they already have that. >> stanley brand, thank you very much. we really appreciate you sharing your experience with us. >> sure thing. >> thanks, stanley. right now we're seeing the biggest strike in america's top sector in two years. some 10,000 workers are walking out on the farm and construction equipment maker john deere after the united workers union and the company could not come to a deal. >> they have closed down more than a dozen factories and distribution centers. al -- allison kosik is here with us. >> there had been a deal on the table between the auto workers and john deere. but the union went ahead and voted on it and decided to reject that contract proposal because they decided it wasn't good enough. now they're calling for higher wages. these negotiations are actually happening at a time when john deere is actually doing very well financially. its stock is up 22% so far this year, and if you look at revenues, for the first three-quarters of john deere's fiscal year, they rose to $32 billion. i think what you're seeing is the current financial success playing into this. that may have led to some union members saying, look, i think we deserve a better deal than the one that's on the table. this is not the only strike happening across the country. we're also seeing workers strike at kellogg. yes, the breakfast food company walked off the job october 5. and there are two other strikes that are looming on the horizon. one, kaiser permanente. that's one of the biggest health providers in the country. 3200 workers could walk off if an agreement is not reached. we're talking nurses, pharmacists and physical therapists. and hollywood, 60,000 members of a film and tv production union, those are most of the people behind the scenes. they will literally walk off the job this coming up monday if they don't come to an agreement with hollywood producers. i think workers have a better voice now to speak up for what they want. they're trying to make it better for themselves and they feel like they have leverage because they're finding it harder to fill open positions. there are more than 10 million unfilled positions in this country. >> allison kosik, thank you. >> you got it. a standoff is come to go a head right now in chicago as a head of a police union orders the mayor to defy the vaccine order. plus there are reasons why women gained power in 2020. now more women tuning out of politics. that could spell trouble for the democrats. ♪ for me and you ♪ ♪ and i think to myself ♪ ♪ what a wonderful world ♪ a rich life is about more than just money. that's why at vanguard, you're more than just an investor, you're an owner so you can build a future for those you love. vanguard. become an owner. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ we've got some breaking news on boosters. cnn senior medical correspondent elizabeth cohen is with us now. what have you learned? >> victor, what we know is that this fda advisory committee has said yes to boosters for moderna. now, it's not for everyone. you have to be six months out from your second moderna booster, you have to be over 65 or have certain underlying medical conditions or live or work in certain situations that put you at a high risk from getting sick with covid, but just as they did for pfizer about a month ago, they have now done it for moderna. and so that rollout will begin. interestingly, the moderna booster, unlike the pfizer booster, the moderna booster will be half the boost of the original shot. they found that worked well and allowed them to increase their supply to other parts of the world. victor? >> elizabeth, what happens next? >> so what happens next is the fda will most likely put their stamp of approval on this, and then on wednesday of next week, the cdc puts the final stamp of approval on it. you'll remember the pfizer one. it got a little bit messy. there were changes, there was confusion. i don't think that will happen this time. i think they learned from what happened a month ago. i think there is an excellent chance this will all sort of sail through, and very soon, as soon as the middle of next week, folks who are six months out of that moderna second shot and fits into one of these categories will be able to go out and get a booster. what moderna found in its studies is that antibodies did wane over time. not as much as with pfizer, but they felt it was good enough to get a third shot. >> and we'll look for news about that tomorrow. thank you, elizabeth, for the breaking news. now to the showdown between the police and the mayor. >> all city employees have to submit their vaccination status by tomorrow or risk not getting paid. but the union is digging in. >> i've made my status very clear regarding the vaccine, but i do not believe the city has the authority to mandate that to anybody, let alone the information about your medical history. it's the city's clear attempt to force officers to chicken little the sky is falling into compliance. do not fall for it. hold the line. >> the union's president warned the standoff may lead to more than half of the police force walking off the job. cnn's omar jimenez is following this story. omar, i should say both sides are digging in. we're expecting to hear from mayor lightfoot on this pretty soon, right? >> yeah, victor and alisyn. we should hear from the mayor at any moment to hear if she has any response to these comments. at the center of it all is a requirement for the city of chicago for all city employees to disclose their vaccination status by tomorrow. those who don't, including police officers, get put on no pay status. as you just heard a little of it a moment ago, the head of the fraternal order of police, the police union here, says officers shouldn't go along with that requirement and says that there are a large number of officers who are with them on this. take a listen. >> if we suspect the numbers are true and we get a large number of our members to stand firm on their beliefs that this is an overreach and they're not going to supply the information in the portal or submit to testing, then it's safe to say the city of chicago will have a police force at 50% or less for this weekend coming up. >> now, for the record, there is no current way to corroborate those numbers right now. we reached out to kamall and we have not heard back. this would go into effect tomorrow. the city did say they planned to release full numbers within the next few days so we can compare kind of what he's saying. but that deadline to disclose is by midnight tonight, and tomorrow we'll have to see what happens. >> you pointed out, omar, 50% of the force walking out may just be bluster to try to intimidate the mayor. but what, there was 40 shootings inside shi, hundreds of vak sees whachlt ability is that to ensure public safety? >> that's going to be the maernl question here and that's what we're waiting to find out. as you mentioned, we are in a year where we saw 11% more shootings than last year and close to 70% more shootings than two years ago. obviously, the bulk of this heads to the weekend. of course this is a major concern. to paraphrase remembers 7600 police officers and their districts, they under lined who died in the line of duty last year was because of covid-19. and we're in a very difficult situation and we'll have to see what happens. >> omar jimenez there. thank you. so former president trump called into a virginia rally last night, but the republican candidate was not even there. the tricky tightrope that candidate is walking, next. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ ♪ ♪ don't be fooled by the bike. or judge him by his jacket. while ted's eyes are on the road, his heart stays home. he's got gloria, and 10 grand-babies, to prove it. but his back made weekend rides tough, so ted called on the card that's even tougher. and the medicare coverage trusted by more doctors. medicare from blue cross blue shield. by your side, no matter what. that's the benefit of blue. find your local blue cross and blue shield plan at benefitofblue.com been in the hospital for 76 days now. by the grace of god i'm still here. it was a lot of dark times then. i died three times. they gave me a 5% chance of living. we take advantage of, like, simple things in life. like going to the bathroom and brushing your teeth. i have trouble doing all that now-- the aftereffects of covid. so i highly recommend everybody to get the vaccines and really protect themselves because this is no joke. ever wonder how san francisco became the greenest big city in america? just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. the shadow of president trump is stretching over the virginia governor's race. this is seen as a barometer for the 2020 midterms. trump called into a rally to fire up the virginia base for republican candidate glenn youngkin. but youngkin wasn't there. they are trying to walk this narrow line without alienating the trump base. >> his governor rival, terry mcauliffe, had opposition to a flag flying. >> to go in front and say it was not proper to pledge allegiance to a flag said to have been at the insurrection is abhorrent. >> can president trump call into a trump rally for voters and consistently stay on their side? >> the republicans are letting him do it because at this point they're desperate. they've lost their party for 20 years. they're desperate to win and they're not going to cause much trouble. some are grumbling about the way he has tiptoed through the actual i-- tulips about trump. he has endorsed him, i think, for the fifth time. it has given terry mcauliffe a burst of energy and something to run with with less than two weeks left in that campaign. >> president biden won there less than a year ago by ten points. why is this race so close? >> the tradition not just in virginia but in a lot of other states is in a midterm election, even if it's the year before the national midterm, you have some kind of negative reaction, usuallily, to the new administration or the incumbent presidential administration. so while terry mcauliffe beat that when he was elected governor the first time in 2013, it had consistently been the case that the candidate of the party opposite the white house won the virginia governorship. mcauliffe is trying to pull this trick twice. it's not easy, but president biden has ticked up in the polls. >> have you heard in the "washington post" about women tuning out? that it's so caustic, and black women in particular, are just sort of tired of, i guess, the toxicity in congress. it's not eep about policy. they were hoping, i guess, that the tone would change when they voted of the town in iowa. they've just had enough. >> the private polls and some of the public polls really don't show that. i've seen polls that suggest, if anything, women are more activated and are more pro-pr pro-pr pro-mcauliffe than men are. people better get used to it. it didn't start with trump but he certainly supercharged it. it's going to be with us for a long period of time because we are so incredibly polarized. >> glenn youngkin has been holding these rallies for parents, i think there's another one tonight, after they decried the books they want to lose. >> it's running fwhit. i think it helps reduce mcauliffe margins. youngkin will still win them, but mcauliffe can do fwhert close rate. i've been a teacher at the college level forly, and it bringsly. weaver seen people do that many, many times in a tough race. >> tha for splaj a-- a judge ha ordered donald trump for his rhetoric. >> we can see the security in this video grabbing the sign, i think. lawyers for the plaintiffs want to discern if the former president is responsible for his employees' conduct during this incident. meanwhile, netflix's ceo is doubling down on their support of dave chappell. of course you've heard about the comic facing criticism for being tr transphobic, some say. we'll discuss what they say in their plan. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ ♪ find a northwestern mutual advisor at nm.com ♪ your new pharmacy is here. to help you compare prices, and save on your medication. amazon prime members get select meds as low as $1 a month. who knew it could be this easy? your new pharmacy is amazon pharmacy. people everywhere living with type 2 diabetes are waking 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walkout. brian stelter is here. brian, we're getting another statement sort of from netflix because they're not just releasing them to the public. >> that's right, these keep leaking out from outside netflix. there were some employees raising concerns even before it was released on netflix. but now ted randall, the ceo, has seen it today, and you can tell from this that netflix has an internal audience. here's part of what sirondo said and why it remains on the platform. he said with the closer, we understand that the concern is not about offensive to some content but titles which could kraes real world harm such as further marnl naturalizing already marginalized grums, hate, violence, et cetera. while some employees disagree, we have a strong belief that content on screen doesn't directly translate to real-life harm. in the same way if you see a violent movie, that won't necessarily make you pick up a gun. now we're seeing what are the effects seen by many as transphobic, a& netflix, i thin, is doing something unusual who you see -- companies is doing the opposite. >> victor and i have been talking about this special for days. it's super thought-provoking. i think they should just say their simple jokes are too thought-provoking. he makes fun of every dem dplat this. >> everybody likes that about dave patel. they are standing by their original provision, that they wanted a thought- >> or wokeness. i don't mean that in a public where you're seen patients push back against the outrage, against the concerns. in this case they might be drawing a line that will apply to the future as well. you don't have worry about the rlt sdlaz we're taublging about interserks walt the that wasn't funny. it was a guff faud. there are some elements there where i think there are a lot of people who agree with the plights of two different communities that must be viewed. >> we've talked about it. >> you've actually watched it. some people don't watch it, they don't know what it's about, but go reckon with it, watch it, see for yourself. new details in an effort to get southwest airlines to evacuate. most of the flights this week have been canceled. but they're not explaining why. >> it was an attempted hijacking of a commercial airliner. >> this is a really tremendous account to what was happening in those horrendous weeks when there was this tremendous act from afghanistan. afghanistan, these awful 3 hours. there were five people who intended to hily. be tonight know the information. quote, our team worked to get clear of the native ramp -- that's the flight that had the hijackers on it -- relocated to the north sida way from friendly forces, then ultimately to the south side where the situation was handled. they said one of them was on the campus to take photographers. every one going back had toly. we never reported on any such incident. what we're also learning is there are still americans in afghanistan, about 100 of them, who want to leave the country. according to a safety department e-mail that went to. we'll stay in this week that we're scheduled or canceled. we don't know details has to why the flightily. now, the state, but they are working to get these flights up and running, to get green card hold hempd. we'll have more details as to when those evacuation flights are starting. one doctor is warning, we already started the war. the virus is not going anywhere. he'll make his case to us. and whatever the size. that's why we set out to help make it easier for everyone to move forward financially. see how we can make a difference for you at pnc bank. in 2016, i was working at the amazon warehouse when my brother passed away. and a couple of years later, my mother passed away. after taking care of them, i knew that i really wanted to become a nurse. amazon helped me with training and tuition. today, i'm a medical assistant and i'm studying to become a registered nurse. in filipino: you'll always be in my heart. despite dropping case numbers and hospitalization numbers, one doctor on the front lines of covid says we have lost the war. covid-19 is here to stay. the chief clinical officer for the state alphonsus health system in boise, idaho. doctor, thank you for being here. what do you mean we have lost the war on covid-19? >> thanks for asking me that question. a pleasure to be with you. the fact is that we need to accept reality now. what's transpired is we are unable to vaccinate enough people to achieve herd immunity and, in fact, in my state, only 42% of the state vaccinated against covid. that's why we're operating in crisis standards of care and patients are still overwhelming our hospitals. yes, we have seen a slight decrease, but we are not in good shape currently. and understanding that continuing to beg people to get vaccinated and cover their faces for the nonbelievers, that's not going to change behavior. so we need to move from the concept of pandemic, which is this overwhelming epidemic we are experiencing, to endemic, meaning that covid is going to be living with us for the foreseeable future and we need to deal with that. >> doctor, is it possible that some of your pessimism comes from being in idaho? i mean, let me show the viewers what idaho looks like in terms. devin day average of deaths, in october in your state versus june versus april and february and then in terms of the new cases, once again you are just seeing this, you know, huge surge that overtook your state in october. i mean, that's not how much of the country feels and the numbers in much of the country don't look like that. it feels like we are getting a handle on covid. >> well, it's not that we are getting a handle on covid. it's that we are blessed to experience a decrease in covid spread currently, and until the next variant comes forward, hopefully, that will continue and we are going to be able to function well. but we do need to be concerned and vigilant about the next mutant strain that may emerge and how to handle that. and in fact it's not about being despondent. not at all. it's about being resolute and preparing our health care providers to be able to exist in this new world and also to prepare the public to be able to continue to accommodate the reality. >> i mean, you say we are not going to reach the point of getting enough americans vaccinated to get herd immunity. why give up? i mean, i think the white house at least thinks that every day we are ticking closer to towards that number of herd immunity. is it too late? >> well, certainly i hope not. and absolutely we should continue those efforts. and indeed that's the reason that we are beginning to see a decrease here in idaho is that with this latest surge, there has been enough of the public that have gotten vaccinated that it's now prompted the decrease that we are experiencing. however, to achieve herd immunity we know we need at least 70%, and probably closer to 90% of the general public vaccinated. those numbers, given the division in our country, seem to me very, very difficult and unlikely to achieve. so at least in the interim we have got to be prepared for continuing to care for covid patients that are unvaccinated, that are going to come in and need our intensive care services, and most importantly, what i'm experiencing in my own health system and i know we are experiencing across the country is health care providers that are traumatized by what's going on, seeing the unnecessary deaths they are experiencing injury. so it's our job as leaders of health care systems to support those individuals, help them find resilience, help them to be able to accommodate to this reality and find comfort and also pride in the job they continue to do while, sadly, too many of the public are coming in disbelieving, harassing and worse the people who work for me. >> yeah, we've heard that so often, doctor. we really feel for you. that's not what doctors and nurses need, that additional trauma after everything that you all have been through. dr. nemmer son, thanks for taking the time to talk to us. really interesting to get your perspective. >> thank you. prince william is weighing in on space tourism. he is criticizing the anythings and the billionaires behind them. where he thinks they should spend their money instead. we take a look at that next. feel stuck with student loan debt? move to sofi-and feel what it's like to get your money right. ♪ move your student loan debt to sofi—you could save with low rates and no fees. earn a $500 bonus when you refi-and get your money right. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ it's an important time to save. with priceline, you can get up to 60% off amazing hotels. and when you get a big deal... you feel like a big deal. ♪ priceline. every trip is a big deal. i've spent centuries evolving with the world. that's the nature of being the 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and scores while watching your team live. to upgrade, just say "nhl center ice" into your voice remote or go online today. the new space tourism industry. in this pbc interview he blasted the billionaires and their space race. >> he says they should focus their time and money instead on saving the earth and he raised concerns about the environmental impact of space tourism, especially the carbon costs. and jeffhas defended his spaceflights, claiming they can benefit life on earth. >> i like this debate. fix earth or flee it. that's the debate, right? >> bezos says that what should happen is that the polluting industry should be taken to space and earth zone residential and light industry. so i wonder if this part of his company, the blue origins arm of it, is aimed at that. >> i think that prince harry is saying let's put our best scientific minds -- sorry, prince william, on fixing it because that's going to take a while what you described. >> and a lot of money. bezos has it though. "the lead" with jake tapper starts right now. >> so will every u.s. health agency on the same page? "the lead" starts right now. a key fanda panel voted who should get a moderna booster shot and when. criminal contempt. the january 6th committee pursuing criminal charges against trump ally steve bannon after he refuses to comply with the committee's subpoena. what might bannon have to hide? plus, one gop advcandidate apparently will not appear in person with trump during a rally as we get new cnn reporting this hour on the headache trump is causing republican leaders with th