we're following multiple breaking stories tonight. the president weighing in on the january 6th investigation, saying anybody who refuses a subpoena should be prosecuted by the justice department. sources telling cnn that the clean energy program will likely be cut from the democrats' budget bill, after pressure from joe manchin. so what will president biden say? and the doj responding to biden's comments on the select committee. here's what he said. >> i hope that the committee goes after them, and holds them accountable. >> should they be prosecuted? >> i do, yes. >> let's go to ryan nobles. >> reporter: they're making it clear the president's comments from their perspective don't have anything to do with their decision making process in terms of how they will respond to this criminal contempt referral. and anthony coley putting out a statement saying the department of justice will make its own independent decisions in all prosecutions. based solely on the facts and the law, period, and full stop. this is not a surprise. because the biden white house has made it clear they were going to do things differently than the trump white house. and of course, this dovetails after the chairman of the select committee said they have had no contact with department of justice. but it does give insight into the president's thinking, and the fact that so many of the documents he's allowed not to be protected by executive privilege. >> so the select committee is weighing in? >> reporter: that's right. jamie raskin talked about the president's remarks earlier today. this is what he said. >> the first thing he said was that the committee should aggressively enforce our right to get people's testimony and documents. there's no problem with that. and i have no problem with him saying he hopes the department of justice will aggressively enforce the law so people don't get away with committing crimes like this. >> reporter: and congressman raskin may be oversimplifying this just a little bit. the president of the united states is more than just a citizen weighing in on the conduct of the department of justice. and president biden probably will get a level of criticism for making these remarks. but what everyone was trying to say is that he's just offering an opinion, and he's not telling the department of justice what to do. >> i think he was weighing in on a question about those who were flouting these subpoenas. i think anyone in this country would think, if they're subpoenaed, they should abide by this. are we making too big of a deal about this? >> if you watch the exchange, kaitlan collins asks him about the request, and she presses him. do you think the department of justice should prosecute, he does answer yes. merrick garland, the attorney general, has a decision to make as to how they plan to prosecute it. do they take him into a court of law, do they arrest steve bannon, could he face jail time? this isn't a cut and dry, black and white issue. there is some decision making that has to take place. and critics, this is not me saying it, don, critics could say perhaps the president is putting his thumb on the scale in terms of the decision making process on the part of the department of justice. >> so what is ahead then this week for the committee's investigation? should we expect more subpoenas? >> reporter: they're always on the table. the select committee has said if they're interest in information from certain individuals, and they feel like they're not getting compliance, they will issue subpoenas. the big thing we're waiting for next week is tuesday, that's when they meet to officially issue and send to the full house that referral for criminal contempt to the department of justice. they do have some depositions planned next week with some of the organizers of the stop the steal rally. we'll see if that ends up becoming a thing. and we're waiting to see what happens with mark meadows, dan scavino, and kash patel, who were asked to come before the select committee. we'll have to see if those are planned anytime soon. >> and the incident about the capitol police officer facing charges in a case tied to the january 6th insurrection. what do you know about that? >> reporter: this was a sta startling revolution that came out today. this capitol police officer was reportedly in communication with someone who was here at the capitol on january 6th, and pictures of him storming the capitol, boasting about it, frankly. this capitol police officer, according to the indictment by the department of justice, reached out to this individual through a private facebook message and warned him that there were going to be people charged who were inside the capitol on january 6th, and he should take down his social media posts as soon as possible. the fbi, the federal government views that as this capitol police officer getting in the way of their attempts to arrest and prosecute the people who are responsible for what happened on january 6th. as a result, he has been put on administrative leave. he's receiving some support from his union, but the evidence right now is pretty damning, don. it shows the federal government is looking at all aspects of what happened here on january 6th to get to the bottom of what happened and prevent it from happening again. >> ryan nobles, in a very quiet capitol. you're probably the only one there. thank you, ryan. >> thank you. now i want to bring in renato mariani, former federal prosecutor. what is your reaction to the president's comments. is he trying to pressure the doj? >> it's always a concern when the president of the united states is suggesting that the department of justice prosecute someone. it's better left to the doj. you don't want to create legal arguments. i imagine when bannon does get a competent attorney, that attorney will try to make something out of that, and file some motions on that. and potentially argue that issue. it's cleaner for, you know, from the doj's perspective, to have them make the decision. but, you know, i think a lot of people are frustrated that subpoenas are not being complied with. >> the january 6th committee is moving ahead with holding steve bannon in criminal contempt. which means that attorney general merrick garland will have to weigh in. what do you think he will do? >> i think they'll go forward with a criminal contempt charge. that it's what i expect to happen. but i suspect some things will happen in between. first of all, bannon may try to say he's taking the fifth as a way to get out of this. he may have an attorney who ends up charting a different course. he may ultimately comply. i think for a lot of folks, just the mere fact that they may get indicted is a very good inducement to testify. so i think there is definitely some chapters yet to go. >> how long will this take, because we know the strategy in trump world is delay at all costs, and to use the legal system to do it. litigation, and so forth. >> yeah. i think it's going to take time. first of all, once the committee votes, the full house has to vote. then it goes to the u.s. attorney's office in d.c. they're going to consider carefully whether to indict. let's say they do convene a grand jury, he's indicted. i have clients where there's a backlog of years before they can get to trial. so that is definitely a concern. >> this is what democratic congressman lauria said about the move. >> our goal is to have him testify. i think this will send a strong message that there are consequences for not testifying. >> what if a trump loyalist doesn't care about consequences. then what? >> wow, i have to say i think that mr. bannon will have a lot of legal bills. and i think mr. bannon created the situation for himself by taking a real middle finger, essentially, to the committee. there are other trump associates, kash patel, and others, who have tried to at least negotiate with the committee, tried to raise some issues and put themselves in a more sophisticated, have a more sophisticated position. bannon is giving the committee essentially a middle finger, and he's in a difficult situation as a result. >> renato, thank you. >> thank you. i want to bring in david gergen and paul begala. good evening to you. thanks so much. david, the president telling reporters tonight that he's about to deliver a message to senators manchin and sinema about his domestic spending package. his agenda is on the line. what do you think that message should be? >> i think it should be, the administration is in serious danger of losing momentum and losing some public support for this program. which is his economic is social program. which is crucial to what he wants to do with the economy, and his legacy as president. the democrats look increasingly weak and chaotic. they need to get this under control. you may have to do some tough, tough things that may not be popular among some moderates in the party. but you have to fish or cut bait. >> and let's talk about the clean energy program, it will likely be dropped from the final deal after pushback from joe manchin. how do you expect the rest of the party to respond? >> not well. not well. a little quibble with what gergen said. joe biden is not asking anybody in the democratic party to take a tough vote. he's asking them to vote for very easy, popular stuff. when we were working for clinton, we asked people to vote for gun control, gays and l lesbians in the military. biden is asking people to vote for, this is a cbs poll, universal pre-k, 68% support. family medical leave, 73% support. 88% for medicare drug reductions. this is overwhelmingly popular. there's nothing you can't run on in any state in america. holy smokes, i'm asking you guys to vote for popular stuff. free stuff for voters. that's an easy vote for a politician to make. and you can tell i'm angry that some of these folks don't want to do it. >> i think it's gotten increasingly hard over the past couple of weeks. when you put the package together, there's gathering fear about the costs, about inflation, and where we're going with this. a poll just said the number of people who wanted the government to do more in the country a year ago was 54%. today, 42%. it's dropped 54 to 42, about the people who want more government. >> that's right. >> and speaking in generalities, they'll say that. but you ask them specifically, do you want free dental care for your grandma, free pre-k for your daughter? >> it's always about don't tax me, tax that fella behind the tree. it's going to be painful decisions. the tax question isn't posed very often. it's more complex -- >> this is not right, brother. 67% in the cbs poll, by the way, jeff bezos is flying around in a spaceship, and my grandma pays more tax than he does? cbs asked this in the poll. 67%. >> have you seen a poll that says, we want to increase the amount of spending by $3.5 trillion? >> let me jump in here. we talk about all that money, but that's over, what, ten years? it's over ten years. it's not like all the money will be coming out of people's pockets within one year. listen, it is a lot of money. i'm sure they could pare it back. but when you think about the main things that are in there, we need roads, we need bridges, we need decent broadband. we need all these things to compete with other countries. you're right about the taxes, david. but you're also right, paul, about the administration and democrats not doing a very good job of selling something that is popular for all the american people. this is a new poll, only a quarter of americans say their family will be better off if congress passes both the spending and infrastructure bills. 43% say they will be about the same. again, this is a messaging problem. go. >> i believe there is a messaging problem. but go ahead, paul. >> this is where we completely agree. if you only talk about the price tag, holy smokes, it's a staggering amount of money. and by the way, anyway, it can get to $5 trillion very quickly if you had the recovery act and the infrastructure bill. $5 trillion, by the way, is the size of the entire american economy in 1987 when ronald reagan was president. but when you say to people, do you think your mama on medicare should pay less for her medicine? yeah. do you think your dad ought to be able to get his vision, de dental, and hearing? you need that help. >> you and i, yeah, you and i are in firm agreement on the fact that the messaging here has not worked. the president is still not making it. who is now calling for less than $3.5 trillion? the president of the united states is now calling for that. >> i would say to moderates, this is really popular stuff that will help you. what i would say to the liberals is, something gergen taught me 25 years ago in the white house. don't ever oppose a bill for what is not in it. is it better than the current system, is there good stuff in there? the stuff not in there, you can pass next year or next week. you taught me that, and you were right. >> and the virginia governor's race, i want to get your take on what is happening in virginia. very tight in the polls. one is within the margin of error. how worried should democrats be tonight? >> they should be very worried. again, i think mcauliffe would be a good governor, and he did a good job before. i think he's gotten lost in a lot of other things that are going on right now, and the weaknesses in washington and on foreign policy and the like. but i think it's worth remembering, and paul will remember this. in state-wide races, the democrats have won the last 13 in a row in the state of virginia. you go in, mcauliffe goes in as the favorite. now this tightening up will be widely read, you know, 2022 will be very tough. everybody knows that already. but this is really going to em emphasize it to the public. >> paul? >> i'm in texas, where tomorrow the longhorns will smoke oklahoma state. but in texas, roe v. wade is gone, it's repealed in the state of texas. and mcauliffe needs to tell people, youngkin will do the same thing. he said, yeah, i want to go on offense to oppose abortion. but i can't talk about it during the election because i need my independence. but i think mcauliffe has a huge issue, to ask people, do you want to go the way of texas? >> paul, david, i got to run. thank you. sorry. david, make that point, sorry. >> i just wanted to say, i'm glad to see another point on which paul and i agree. >> i love you, gergen. i love you. >> oh, my gosh. it's a love fest on a friday. thank you. if you got the johnson a& johnson vaccine, listen up. a panel recommended a booster dose today. we'll tell you what you need to know. >> i think anybody who has gotten one dose of a johnson & johnson vaccine can benefit from a second dose of the johnson & johnson vaccine. 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 need to get your prescriptions refilled? 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>> it's hard to know. but he was hospitalized, i think it was three days ago. and he remains hospitalized now. so he was sick. and they want to give him a full course of antibiotics. and as we said last night, sepsis kills about a quarter of a million people every year in the united states. you can die from this. a 75-year-old man can die from this. so they're taking their time. what we're not sure about is how sick he was when he was admitted to the hospital. we often get kind of a rosy story, you know, from the publicity folks when they try and paint the picture. it sounds like his medical team wants to give him the full course of iv antibiotics, and it sounds like a good plan. >> and i want to get to the news about johnson & johnson, that a booster, two to six months can bring the effectiveness to 94%. that's a big deal. should people be thinking of the j&j as a two-dose vaccine now? >> yeah. and again, many folks thought this should have been a two-dose vaccine from the beginning. remember, the j&j vaccine uses an adenovirus vector to deliver the genetic material for the vaccine. it's similar to the astrazeneca vaccine, first used in the united kingdom, which is a two-dose vaccine. many people felt that the j&j vaccine probably should have been a two-dose vaccine. but from a marketing and positioning standpoint, johnson & johnson had a real interest in trying to have a unique vaccine that was one and done. unfortunately, it just doesn't seem to work optimally in that dosing schedule. everyone who received a johnson & johnson vaccine should get a second dose more than two months after the administration. the question is, however, when will we know from cdc and fda whether perhaps giving an mrna as a second dose to the j&j folks is a better strategy? there is suggested data that you can give a big boost to the j&j by adding pfizer or moderna as a second shot. >> so there's still no conclusion on whether that's okay. we'll hear from them soon. the cdc is saying you have an 11 times greater chance of dying from covid if you're unvaccinated, and 6 times higher rate of infection. how much more evidence is needed? >> i'm running out of ways to explain this to people. i was talking to one of our icu docs today at lunch, about the folks who are in the hospital. everyone in the hospital, at least in the intensive care units, is unvaccinated. if you go from hospital to hospital in the united states, everyone really sick with covid in the icus, with a few exceptions, is unvaccinated. if you want to live and you don't want to die from this virus, there's a simple solution. it's two shots. of any of these vaccine. i don't care what you get. you don't have to die from this. no one wants to be the last person to die. and almost every death in this country in the last few months has occurred in a patient who is unvaccinated who could have been vaccinated. this isn't 2020, when no one could be vaccinated. we did the best we could, and hospitals struggled to pull these folks through. we have a simple solution that will keep you out of the hospital so you can move on with your lives and look forward to good things. and we need to get more people to just understand that, these are safe and incredibly effective. >> thank you, doctor. i appreciate you joining. >> have a good night, don. chicago and its police union suing each other over vaccine. this is the only city dealing with a police force that doesn't want to get vaccinated. >> there's room to grow... >> ...and lots of opportunities. >> so, what are you waiting for? 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(vo) buy your car online. love it or return it. with carvana. coronavirus killing more police officers in the last two years than anything else. and some cities struggling to get all of their officers vaccinated, including chicago, where there's a standoff between the police union and the mayor. here's ryan young. >> this was horrible. this did not have to happen. >> reporter: michael was a beloved officer for 18 years. his wife says she pleaded with him to get the vaccine, but he remained skeptical. >> i feel like mike did not get vaccinated because he didn't have all the facts. there was a lot of information moving around, moving parts, you know? when that happens, you can see rumors, miscommunication, information. science leaves the picture. it just becomes chatter. it attacked his lungs and made them look like baby swiss c cheese. >> reporter: over 1,000 miles away, this woman lost her husband in january. she said he wanted to be the first in line to get the vaccine, but never had the chance. >> this is absolutely as bad as you would imagine. to be raising two small girls without their dad. and if he had had the choice to give himself that extra protection, so he could continue to serve the public and still come home to his family, he would have absolutely done it. >> reporter: she shared the final heartbreaking text messages they shared on fa facebook. >> if you're serious about prot protecting the public, and about your commitments to the family, that should be enough. >> reporter: covid-19 is the number one killer of police officers over the last two years, taking over 470 lives. since the start of the pandemic, more than four times as many officers have died from covid-19 as from gunfire. that memorial page says that is despite being among the first groups to have access to the vaccine. >> it's a ride to get vaccinated, and it's a individual right, and i would encourage that. >> reporter: across the u.s., some officers are hesitant to get vaccinated. in miami, officers are resisting a potential mandate. in san francisco, 120 officers will be off the street after failing to comply with the city's order. the san francisco police association said, the national police union is encouraging vaccinations, but is not in favor of a mandate. >> we're going to keep fighting this mandate and this dictatorship. you would think there's no crime, murder, no guns being f f fired. >> reporter: up to half of chicago's police officers could be placed on leave after this week. the union is telling police officers to ignore the deadline. and this woman hopes her husband's death is a lesson. do you think mike dying helped other officers in this department get vaccinated? >> absolutely. to this day, i still get letters, i get calls. i'll get copies of people's vaccination cards in the mailbox that i don't know. >> ryan is here with me now. good evening to you. this woman in florida says her husband's death led other officers to get vaccinated. does she think it should be mandated for officers? >> reporter: she does not want it to be mandated, but she wants more information out there. and she thinks the discourse in the country has gotten too c cantankerous. people send their vaccination cards to her to show they decided to get the shot after her husband died. you see the two police units behind me. those are two of the squad units from his patrol unit. these officers really care about what happened here. but at the same time, it doesn't seem like anyone wants to be forced to take the shot. and that is happening across the country. >> can you tell us anything about the dispute in the chicago police force? >> reporter: you're seeing this robust response across the country. you see officers in miami and san francisco talking about not wanting to take the shot. well, we know in chicago that union has no problem voicing their opinions. a lot of times, they go directly against the mayor. well, that has happened again. and the union chief was told by a judge to stop talking to media. that happened just tonight. so some officers may not show up this weekend, because there's a mandate in the city. when you think about the rising crime, especially in that city, they need every officer to have all hands on-deck. especially with the amount of homicides that happen in the city of chicago. but we know for a fact, the union, every chance it gets, goes directly at the mayor. the mayor saying she wants to see the employees prove they've been vaccinated. but it seems like a lot of officers are choosing not to go along with it. they've asked for dates to be pushed back. and as you know, you've worked in chicago before, these yunion are very strong. so it will be interesting to see how this plays out in a very public fashion. they had a union meeting the other night, and it was standing room only, with officers saying they wanted to defy what the city wanted to do moving forward. >> ryan, thank you. we appreciate it. >> thank you. they're worried about a full-scale war. we're live in taiwan, where u.s./china relations could mean massive military threats. stay with us. introducing fidelity income planning. we look at how much you've saved, how much you'll need, and build a straightforward plan to generate income, even when you're not working. a plan that gives you the chance to grow your savings and create cash flow that lasts. along the way, we'll give you ways to be tax efficient. and you can start, stop or adjust your plan at any time without the unnecessary fees. talk to us today, so we can help you go from saving...to living. 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(man 1) oh, this looks like we're in a screen saver. (man 2) yeah, but we need to go higher. (man 1) higher. (man 2) definitely higher. (man 1) we're like yodeling high. [yodeling] yo-de-le-he... (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm. (vo) adventure has a new look. (man 1) let's go lower. (man 2) lower, that sounds good. (vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. before we go, i want to make sure you know about my podcast. this week we're talking about free speech and the controversy around dave chappelle's pod cast coverage. thanks for watching. our coverage continues

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