we keep getting more and more information about this apparent health issue, max. >> reporter: we are. but the problem is, john, it's not very consistent. i have to say this, real tension building between the press and the palace. people not trusting they are being told the whole story here. this is what we do know. as we reported on the show earlier in the week, the queen canceled a visit to northern ireland for medical reasons. we were told she was coming here or staying here at windsor castle to rest for a few days. we then find out last night from a tabloid in fact, she spent wednesday night in hospital. and the palace was forced to confirm that saying she had undergone preliminary investigations. today we're told she's in the castle carrying out light duties on her desk. my read on it is she's probably not in a serious condition but worried about patient confidentiality. they have communication issues right now and people wondering if we have the full story. >> max foster, terrific to see you. thank you so much. "new day" continues right now. welcome to our viewers here in the united states and around the world. it is friday, october 22nd. i'm brianna keilar with john berman. tragedy on a movie set in nickname after alec baldwin involved in a deadly shooting. police say baldwin fired a prop gun and killed the film cinematographer and wounded the director. . >> it happened on the upcoming western called "rust." production has been shut down for the foreseeable future. an investigation is under way. a spokesman called the incident an accident. joining us is steve any elam and sandra gonzalez. lay out what we know at this point. sure, john. starting with the timeline. we know this happened just before 2:00 p.m. local time yesterday, according to the santa fe county sheriff's office. they said they were responding to a 911 call for someone who was saying there was a shooting on set. we know that this happened at the bonanza creek ranch on the movie set of the western "rust" that alec baldwin is not only starring in but a producer of. there were two individuals who had been shot. and the way they put it in their statement from the sheriff's department, it was discharged by alec baldwin. that left two people shot, including 42-year-old director of photography halyna hutchins. she was airlifted to university of new mexico hospital. souza was transported by ambulance to the hospital. still not clear what his condition is at this point. what we can tell you, though, the sheriff's department says they have not charged anyone. no charges filed. they continue to interview witn witnesses and investigate this. as for the company behind the movie, they put out a statement. it says in part, the entire cast and crew has been devastated by today's tragedy. with he send our tkaoefpt condolences to halyna's family and loved ones. we have halted production on the film for an undetermined period of time. and while they are investigating this and providing counseling to everyone there on set. no matter how you cut it, obvious tragedy. you can see he looks very distraught after this incident yesterday. >> i can ars why. the question is, the problem weapon discharged. the question everyone wants to know the answer to, and there may not be an answer to, how is it that a prop weapon did this? it's not supposed to happen like this. >> it's not, john. people are definitely looking for answers and will be looking at them for some time. sets of course are incredibly dangerous places. you have all sorts of heavy equipment, machinery and weapons that required highly skilled workers to manage and operate. and it emphasizes the need to put safety first. >> there is a history here. john eric hexam was killed with a firearm that fired blanks. it was so close to his head that the impact of his blast damaged his skull and he died. and brandon lee in 199 3. it was blanks, but there was something in the barrel which discharged and still killed him. it can be dangerous. care is required, correct? >> absolutely. and this is -- on-set safety is an issue that came up a little over a week ago when the workers union was negotiating with produceers for a brand-new deal. whether it was long working hours or other factors that contribute to these types of incidents happening. so people will be digging for answers and looking at the root causes so they can address those directly. >> all right. we're still finding out more about this throughout the morning. stephanie, i know you will keep us posted. sandra, thank you so much for your insight on this. >> turning now to last night's cnn townhall, president biden turned out to be a headline-making machine, taking americans behind the scenes as the white house and democrats struggle to strike a deal on a massive social spending plan that could change millions of american lives. >> are you close to a deal? >> i think so. >> look, i was a senator for 370 years. i was relatively good at putting together deals. it's all about compromise. compromise has become a dirty word. but bipartisan ship and compromise has to be possible. . >> at one point you talked about 12 weeks. now there are reports it's down to four weeks. >> it is down to four weeks. the reason it's down to four weeks is i can't get 12 weeks. >> expanding medicare to include dental, vision, hearing. will all three still be covered? >> that's a reach. the reason why it's a reach. i think it's a good idea. it's not that costly in relative terms. but here's the thing. mr. manchin is opposed to that. so far mr. manchin and one other person will not support free community college. . >> there's a lot of democrats in the house and senate who are confused about where senator sinema stands on things. do you know where she stands? >> first of all, she's as smart as the devil, number one. number two she's very supportive of the environmental agenda. where she's not supportive, she will not raise a single penny on the corporate side and/or on wealthy people, period. >> should police officers, emergency responders be mandated to get vaccines? if not, should they be stay at home or let go? >> yes. and yes. [ applause ]. >> by the way -- i waited until july to talk about mandating. balls i tried everything else possible. the mandates are working. >> are you saying once you get this on spending and social programs you would be open to fundamentally altering the filibuster or doing away with it? >> well, that remains to be seen exactly what that means in terms of fundamentally, or whether or not we end it straight up. >> just so i'm clear though, you would entertain doing away with the filibuster on that one issue; is that correct? >> and maybe more. >> a week ago you said the department of justice should prosecute those who defied the subpoenas on the january 6th committee? >> the way i said was not appropriate. i did not, have not and will not pick up the phone and call the attorney general and telling him what he should or should not do in terms of who he should prosecute. [ applause ]. >> but if i answer the question honestly. would you consider the national guard to help with the supply chain issue? >> absolutely, positively i will do that. but in addition to that, what you've got to do is get the ships in and unloaded. and one of the things in my infrastructure plan, there's $16 billion for port expansion. we have to be able to move things along. i don't want a war with china. i just want to make sure china understands, we are not going to change any of our reviews. >> are you saying the united states would come to taiwan's defense -- >> yes. we have a commitment to do that. "new york times" white house reporter youngs. i messed up your last night. your kids let me know. so i got it correct this time. >> i've been called much worse. >> biggest takeaway for you, isaac. >> look, there was a lot about what this deal is going to look like right now, a lot of what the final negotiations are, how we are at 4 weeks instead of 12 for leave. what's in and what's out on the climate plan. where biden says he's going on the filibuster, in a biden way he started out by saying i can't really say because we're in the middle of the negotiations and then he said exactly what he wants to have happen on voting rights and other legislation, he is talking about moving away from the filibuster as it stands right now. >> biggest things on the negotiations, right? jolan? on these negotiations he really took us through exactly what's going on. and what do you think the take was for, let's say democrats. maybe moderates and liberals as they are watching this? >> he was very candid yet about the reality of what was once touted as a sweeping legislative package, which still is. but he was very honest and brought us in the room about how they are being slimmed down. examples, two years of community college, that's going away. he talked about the clean energy provision in his climate bill, couching it by saying, well, look, we're still negotiating. not really acknowledging that's not going to be in it. however, reporting does say senator manchin is opposed to that. he acknowledged that. he brought us into the negotiations and named senator manchin as well as senator sinema multiple times explaining the hurdles they have to go -- i mean, the climate provisions specifically is big. especially with the president going to a climate summit in the coming days. john kerry just last week saying if they have something to show going into that, equating that embarrassment to when the trump administration dropped out of the climate accords as well. so a lot of pressure right now. for the president, the white house usually says we don't negotiate in public, pretty candid yesterday. >> as a reporter month tries to get information from sources, we were watching this saying he just told us everything. we didn't we just ask the president. he would leak like a sieve. is there a way now to navigate through the challenges that the president laid out? >> look, this is obviously a structured approach from the president. he was quiet behind the scenes. the final stage. he is amping up on manchin and sinema specifically. it was 12 weeks on paid leave. now it's four weeks. that's it is kind of what he's saying here. on climate, this is where things are. now i need joe manchin and kyrsten sinema to agree as well. factions who have been fighting, we can get here on the teal. and i think what you're seeing overall, and he talked about it in relation to obamacare is a lot of these programs, democrats wanted to do for a long time. down the road, to expand the last few years. >> 2 trillion of what's in it is a lot. we also learned about the funding. or we learned what we need to find out, sinema is not in favor of raising corporate taxes. how is it, then, ultimately this will be paid for? >> that's what will be interesting going forward. we have heard from democrats on the hill, they are getting closer. they have tried to continue to say that, they are building momentum, getting closer to a deal. of course we know there is a sense of urgency with that because it is not just a reconciliation package. you need a framework for at least that in order to or infrastructure to come as well. when you have the president pointing to senator sinema in her opposition some of the pay fors for this package, if you don't have that at that point, just how close are you? >> very good questions. zolan kanno-youngs and isaac, thank you today. a wild scene on the house floor in another marjorie taylor greene screaming match. we're getting details. >> and republican congressman who is not on the january 6th committee sends out a letter claiming he is actually the top republican on it. plus, how could this be happening again? a town in michigan declaring a state of emergency over high levels of contaminated water. your car to carvana? sel it feels amazing. when you get a great offer in seconds... 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move to sofi and feel what it's like to get your money right. ♪ move your high-interest debt to a sofi personal loan. you could save with low rates and no fees. earn $10 just for viewing your rate and get your money right. ♪ steve bannon's fate is now in the hands of attorney general merrick garland as he considers whether to proceed with criminal contempt for defying a subpoena from the january 6th select committee. nine house republicans voted with all 220 democrats in support of this move, this despite continued attempts by other republican members to down play the investigation. >> this is about getting at president trump. >> because they can't build back better. they decided to build back meaner. >> the select committee despises steve bannon's politics. so they are abusing their power to put him in jail. >> joining me now is former republican congressman candidate joe walsh. and the former white house communications director for president trump. thank you so much for both of you for being here today. to you first, joe. nine republicans. that's significant. but that's not many. >> respectfully, that's nothing. i was a republican my whole adult life. the party no longer believes in truth or democracy. and yesterday they just reaffirmed that they no longer believe in the rule of law. that's all this was. it wasn't about bannon. our government was attacked. bannon was given a lawful subpoena. he defied it. but over 200 republicans said they don't care. >> but like matt gates is saying this is mean. this is mean. >> house republicans essentially forfeited the right to oversight going forward. enforcing subpoenas just doesn't matter and holding people in contempt just doesn't matter. the funny thing your viewers should know, most house republicans hate steve bannon. they just live in perpetual fear of them going after them on his podcast or various different outlet. he will continue to be a thorn in the side of him. if i were kevin mccarthy, i would be worried about having someone challenge me in leadership. so i'm a little bit surprised to see them just so lining up behind him. >> it's very interesting point that you make. jim banks, the last republican we heard in that montage of republicans whitewashing what happened, kevin mccarthy wanted him on the oversight committee. when he had five picks, he picked jim banks. but nancy pelosi said no. jim banks is a coup enabler. he would have been the ranking member if he had not been rejected. he also now asking for documents going to the january 6th committee and signing them as ranking member. i might start signing things as the queen of england. >> brianna, it pains me. this is a party that lives in an alternative reality. you are correct, they don't give a damn about bannon. but tens of millions listen to him every day. >> they are afraid of the base. what do you make of a jim banks pretending to be on the committee? or saying -- he did say, look, i'm not the in the role i should be in. he signs as if he's this shadow committee. >> trump is the most dishonest person who has ever lived. he's enabled these other republicans to lie, fudge, commit fraud and to cheat. and for banks to just put out dishonest stuff like that, brianna is part and parcel. >> it goes to your point that they forfeited oversight. here he is attempting to have it. >> it was always a strategic error to not sit some of the members other than liz cheney and adam kinzinger. this would have been good if it had been a true bipartisan. but they forfeited that right. to now be able to get faux documents as the faux ranking member. >> a lawyer, john scott, who repped donald trump's interests in challenging the results in pennsylvania. it seems like this is all being put in place to change the outcome of an election. and i wonder if democrats and republicans opposed to it really are noticing or doing what they need to do. . >> and it's more widespread than just texas. you have jodie heiss as well. this is a concerted effort by trump world to try to get loyalists into secretary of state roles in states across the country for presumably exactly what you're saying, to challenge results of future elections. i have said this recently. this is not just about 2024 and the next presidential race. we need to watch senate races as well and the trump-aligned candidates. are they going to concede if they lose or draw these things out, try to challenge them in court, go to loyalist secretaries of state. these are the consequences when we do not let our institutions hold and try to challenge the basic facts of elections. there will be more than texas, georgia. >> brianna, to answer your question, no. no, the democrats don't understand what republicans are doing right now. this is scary. this is the bigger concern. i know everybody is talking about access to the vote. i think democrats and americans are going to come out in '22 and '24 vote no matter what republicans try to do. but what's going on in texas and other states, they are trying to rig how the vote is counted and who counts the votes and how they are certified. that's really scary. and democrats need to pay attention. . >> well, that makes challenging it on the back end harder. >> yes. the phrase about an ounce of prevention. there doesn't seem to be much, right? >> this is what we all should be focused on. in every state they are trying to rig who counts the vote, how it's count spd whether it's certified or not. this is scary. it's a party, brianna, that is anti democracy. period. >> well, and i would say this. you wouldn't need to do this if you thought you were running a winning presidential candidate. if donald trump lost, he could not get enough people to support him. 74 million people versus biden's 81 million. why don't we just run a candidate who can actually get elected and actually win so we are not having to set up these faux challenges all over the country. . >> who would that be? . >> tim scott. >> it's trump's party. no one is going to challenge him if he runs. >> it's a takeover. thank you. president biden saying here on cnn, when there are 50 democratic senators, every one of them is a president. so what is president kyrsten sinema's agenda? your reality check next. and the breaking news of the deadly shooting on an alec baldwin film set. what is said to be an accidental discharge from a gun he was using in a scene. new details ahead. with voltaren arthritis pain gel my husband's got his moves back. an alternative to pain pills voltaren is the first full prescription strength gel for powerful arthritis pain rerelief... voltaren the joy of movement ♪ ♪ 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. ♪ for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. as someone who resembles someone else... i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ find your rhythm. your happy place. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. when a truck hit my car, the insurance company wasn't fair. i didid't t kn whahatmy c caswa, so i called the barnes firm. i'm rich barnes. it's hard for people to k how much their accident case is worth.h barnes. t ouour juryry aorneneys hehelpou i was hit by a car get t tand needed help.oiblele. t ouour juryry aorneneys hehi called the barnes firm. that was the best call i could've made. i'm rich barnes. it's hard for people to know how much their accident case is let our injury attorneys know he how much their accident cget the best result possible. >> we have seen consistently that the republicans have decided that they're going all in and leaving nothing on the field and standing as obstructionists to stop people from getting voting rights, to believe able to -- they're supporting voter suppression bills. many activism organizations have been saying all summer long, in order to go forward, not just on voting rights but to have an agenda that will work for american people we will leave the filibuster behind, amend it or get rid of it altogether. i'm glad president biden talked about that and said he was open to it at the townhall meeting. there is no way forward but to talk about the filibuster. >> he actually has no say here at all. it's not up to joe biden. it's up to the u.s. senate. he gets zero votes here. >> why is it important? if it is not going to change joe manchin or kyrsten sinema's mind. . >> you're right on one level. the public politics, we know they are behind the scene politics. being the president of the united states you have a tremendous amount of power and the ability to put pressure. it is added, it is complicated when the president has been saying all along he was not willing to end the filibuster when we know that is the issue that is going to stand in the way. there has not been good faith to push things forward, whether it's infrastructure plan or voting rights. i think it is important we are hearing from the administration in light of manchin and cinema that they have to put public pressure and we need that pressure coming from the white house as well. . >> it's about the effort, the pressure. how hard do you need to see the president working on had this? >> i need to see the president say under no circumstances are we going to create a circumstance when people vote they are punished because of who they voted for or how they voted. the very nature of that is anti democratic. we are talking voting rights for americans are being under attack right now. that should be a nonnegotiable. the voters that voted for him should say under no circumstances if anything is going to stand in the way of voting rights protection. >> is he doing enough right now? >> i think he has to do more. we don't have voting rights legislation. listen, we're in the middle of right now redistricting is happening right now. in georgia, my native state, right now we are seeing the continuing of purging of black voters off the polls. the republican secretary of state seeking to try to take over the election board. we're in the midst of it being right now. it is important he does everything within his power. the full weight of his office to make sure we get voting rights protection in this nation >> thank you for being with us. >> thank you for having me. or you heard joe biden say in a 50/50 senate every single one of the senators is president. so what do we know about what president kyrsten sinema wants. for months, the most popular parlor game in washington has been what does senator kyrsten sinema want. negotiating directly with the white house, time to visit her foot doctor in arizona and fund-raisers in europe highly the democratic agenda twists in the wind. townhall president biden laid out her priorities. >> she's very supportive of the environmental agenda, anything from family care to all those issues. where she's not supportive, she said she will not raise a single penny in taxes on the corporate side and/or on wealthy people, period. >> it's nice to want clean energy and child care for working families. typically for centrists who want to pay for them. the bottom line seems to be in opposition to raising taxes, especially on corporations. because that same kyrsten sinema used to believe, quote, asking corporations and the rich to pay their fair share is common sense, not class warfare. when she was in the arizona senate aiming for a seat in congress. a pretty progressive position at the time. now it is well within the democratic mainstream. 66% of americans support raising taxes on big business. now, there is always room to negotiate loopholes and the like. unless you raise revenue to pray for the programs senator sinema supports, you will gut fiscal responsibility. which brings us back to the question. what does senator sinema want, other than attention? after all, every democratic member of congress, including sinema voted against the trump tax cuts, which led to a massive increase in the debt. it doesn't even repeal all the cuts. they propose turning the top rate raising the corporate rate to 25%, which is still well below the previous rate of 35%. in fact, most middle-class families would see a tax cut under the biden plan. here's why sinema is resistant to even a modest tax increase is such a head scratcher. the effective tax rate in the u.s. is not 21% but 11%. that's far less than most americans pay. that is courtesy of loopholes that were never closed, and in some cases, even expanded. get this. 26 companies have paid no federal income tax since the trump cuts took effect. and the "washington post" found many bought stock buybacks while laying off employees. it hadn't even benefited the u.s. treasury. while other wealthy nations raise 3% of gdp from corporate taxes, in the u.s. that fell to 1% after the trump cuts. so the status quo doesn't make any sense, especially if you want to strengthen the middleclass in the social safety net. but there are other ways to skin this cat that sinema might support, like a corporate tax if biden is successful in getting the rest of the world to sign on. billionaires are paper gains not reported as income, which could raise a trillion over 10 years. these worthy ideas would meet their own resistance. it is late in the day for proposals that could have been raised months ago. better now than never. if senator sinema wants to be known as a maverick like john mccain, should she remember nothing in life is more liberating than to fight for a cause larger than yourself. in other words, it's time to make a deal and move america forward. and that's your "realty check." >> you have a new addition to your digital series. you look at white nationalists in their recruitment, right? >> it is the second parter in the rise of white identity politics. one of the darkest tributaries is white nationalist groups. we dig into how they recruit now, how they draw folks in. in the case of one young woman who thought she was joining a white civil rights group attended book burningings. >> john avlon, thank you very much for that. >> new reporting on breaking news this morning. one person is dead, another hospitalized after alec baldwin fired a prop gun on his movie set. >> what happened on the house floor between marjorie taylor greene and congressman jamie raskin. the congressman will join us next. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® works differently than any other diabetes pill to lower blood sugar in all 3 of these 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. people taking rybelsus® lost up to 8 pounds. rybelsus® isn't for peopl with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrin 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 possibl 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. (phone beep) ♪ (upbeat music) ♪ ♪ ♪ ♪ (music quieter) ♪ (phone clicks) ♪ ♪ it's another day. and anything could happen. it could be the day you welcome 1,200 guests and all their devices. or it could be the day there's a cyberthreat. only comcast business' secure network solutions give you the power of sd-wan and advanced security integrated on our activecore platform so you can control your network from anywhere, anytime. it's network management redefined. every day in business is a big day. we'll keep you ready for what's next. comcast business powering possibilities. a wild moment on the house floor yesterday following the vote to hold steve bannon in contempt of congress seen here on camera. you will see congresswoman marjorie taylor greene approach her colleagues, liz cheney and jamie raskin. greene reportedly shouting at them, calling cheney a joke and asking raskin why don't you care about the american people? so what all happened there. let's talk with jamie raskin, congressman from maryland. a member of the january 6th select committee. sir, thank you for being with us this morning. what did happen? >> well, thank you for having me. i went up to congratulate liz on a splendid set of remarks she made about steve bannon's contempt. he had blown off our subpoena. and she made it clear that is intolerable in the system of rule of law. i thought she had done a great be jo. i went over to congratulate her. marjorie taylor greene, whom i don't know, i had never been properly introduced to her, when are you going to be doing about all the black lives matter protests. i tried to engage her. i said we should have some hearings about kyle rittenhouse and the two people he killed at a black lives matter and all the right wing saab toeurs who went out to commit violence against black lives matter. so she turned her attention to liz cheney. i did hear her call her a joke and start screaming at her. i thought liz, who is about the best mannered and best poised person in the house of representatives might just walk away. i was impressed she gave as good as she got. i'll leave it to liz to talk about whatever it is she said. it seemed to me the theme of marjorie taylor greene's comments was that liz cheney betrayed president trump and the republican party. and the theme of liz's comments were marjorie taylor greene was, shall we say, a bit eccentric. >> she referenced the jewish space laser theory about wildfires and marjorie taylor greene responded to that? >> it seemed like there was some history to the conversation they were having. it may have had to do with some of marjorie taylor greene's postings online. i couldn't hear. it kept going for a little while. i was behind them. look, marjorie taylor greene freedom caucus faction has been eroding the level of discourse we have in the house of representatives and the congress. it's very hard to know what to do. whether you just walk away or you engage with them. i'll tell you, at least speaking on the democratic side, that post trump democrats are different than the pretrump democrats. we have come as close to fascism as we want to come and we are not putting up with the nonsense. >> it was the comment section playing out on the house floor there. i do want to ask you about the substance of what is happening with the committee's work. what happens if merrick garland takes a pass on prosecuting steve bannon on criminal con contempt? >> well, look, we understand we have a separation of powers. we respect the independence of law enforcement and the department of justice. merrick garland is a very effective lawyer. and he and his team and the u.s. attorney and the district of columbia will make their own decisions. we will not try to push them, lobby them, sway them. we saw enough of that during the trump administration. we will continue to use other tools in our tool belt here to try to get the testimony of everybody that we have subpoenaed. the vast majority of people we have approached have come in voluntarily or have accepted the subpoena or in good faith negotiation right now about rendering their testimony. we're not fooling around. this is a responsibility everyone has. with he don't have a special class of people who happen to know donald trump who are somehow above the law. >> have trump's attorneys been in touch with the committee about any concerns they may have about executive privilege? >> well, they have sued as, as you know, but they have not tried to intervene in steve bannon's case specifically. and they brought a suit against the committee. and that might be a great forum for different subpoenas that are in the air, if anybody decides not to comply with them. >> okay, so that's a no, it is the lawsuit, right? it is just -- it is just the lawsuit, and then on the -- you mentioned many people are talking to the committee, some key people, of course, are not. mark meadows, dan scavino. what is the latest on the committee's interactions with those folks? >> well, the -- i think all that i'm authorized to say and all i really know is that although they haven't testified yet, their lawyers are involved in negotiations with our lawyers. here is a thing about a subpoena. if we tell you to come in friday at 9:00 a.m. and that doesn't work for you because you got a doctor's appointment and you can come in wednesday at 4:00, well, we can work that out. that's one thing. but to do what steve bannon did, which is just to blow the whole thing off and to act with sneering derisive contempt toward the whole process puts you in contempt of the u.s. congress and the people we represent. >> will the committee subpoena jim jordan? >> as far as i know there have been no discussions yet about any members of congress. that obviously raises different kinds of issues. jim jordan decided to come forward in the rules committee this week and so he established himself as fair game for a whole bunch of questions and he has -- he seems to have admitted in kind of a sideways way that he was in communication with donald trump on january 6th. seems pretty clear that he was in meetings prior to january 6th. and, look, the bottom line is that we know that there are lots of people in the republican party, both elected and unelected, who know a lot of information about the assault on congress on january 6th, which was the worst violent attack on the u.s. capitol since the war of 1812. and perhaps the most dangerous assault on american democracy since the civil war. one would think that it would be -- they would understand it is not just a legal duty, but a civic honor for them to be able to render testimony. and most of the people we have reached out to, including their fellow insurrectionists have come forward to testify and to give information. that is their legal duty. >> president biden said last night he made a mistake saying that anyone who defies your subpoena should be prosecuted. but -- >> yeah -- >> you can't unring that bell. he said he's not going to call up merrick garland, tell him on the phone who to prosecute and not to prosecute, but he doesn't need to. he already said it publicly. >> look, you know, i don't think that merrick garland is afraid that joe biden is going to fire him. the kind of thing that donald trump got us into. i don't think he thinks somehow or another there is going to be reprisals against him if he does this or does that. the respect for independent law enforcement and the separation of powers has been restored in the country. we turned over the information we have to the u.s. attorney and we'll let the process play out. that's not the end of the story for us, because there are civil contempt procedures also for compel and compliance with an ignored subpoena and we have the inherent powers of contempt of the congress. so, you know, anybody who thinks that they're just going to get away with this and sweep it under the rug, they got something else coming to them. they're heroes, donald trump who travels with an army of lawyers, and millions of dollars, but it is not going to be so easy to get away from our committee because we are charged with trying to create a complete movement -- >> i want to pull this back because i think it is really important to president biden, is it damaging that he said that? >> i think on the scale of the encyclopedia of offenses against independent law enforcement in america that we saw during the trump administration, that barely rates as a comma. it is just tiny. i'm glad -- he apologized, something donald trump never did for intervening to try to fire people, to try to intervene in particular cases, to try to get particular people prosecuted like michael cohen to try to get certain people freed. that was a whole different thing. so he created some confusion out there. i'm sorry joe biden stepped over the line. he pulled himself back. he apologized. we're back to normal business in america here. at least we're trying to get back to normal business and i'm glad that biden had the maturity to apologize about that. >> and on a happier note, pence, you have introduced completely differently here, you introduced a bill that has to do with pet shelters. what is this about? >> well, the pet shelters are overrun because of covid-19 and the economic calamities we suffered over the last several years. and there are major shortages of food and this says that just like businesses can give surplus food to human food shelters, they can also give now surplus pet food to pet shelters without exposing themselves to liability. so we're sort of waving the liability rules to say we have got hundreds of millions of pounds of leftover pet food, give it to the pet shelters that are being run by not for profits and by local governments around the country. >> i'm not sure what the constituency is for opposing that. we'll track that bill as well. thank you so much, congressman. >> well, i appreciate that thought and thank you for having me this morning. >> all right, thank you. the breaking news this morning, alec baldwin accidentally shooting and killing a cinematographer with a prop gun on set. we're getting new details ahead. when a frantic mother dialed 911 after her 2-month-old baby stopped breathing, a quick thinking dispatcher put his training to the test. he's being honored for going beyond the call of duty to help the mother save her baby's life. cnn's brynn gingras has more. >> my newborn isn't breathing. i need help. >> reporter: a terrified new mother calls 911. >> 911, what is the location of your emergency? >> reporter: and dispatcher tim johns is on the other end. >> okay, we're going to get help. >> reporter: a calm, collected voice drowning out the chaos. >> and her worst moment, i need to be the best i possibly could be. >> reporter: beverly says she just had given her 2-month-old son elliott a bath. >> he was kind of nasally. i suctioned his nose. and he just overflowed with blood out of his nose and his mouth. and he stopped breathing. >> please help. >> reporter: johns, a six-year veteran of the ohio emergency dispatch unit instinctively relied on his training. >> we're going to start cpr, okay. i remember thinking of my children at the time, what would i want if this was me, with my instructions, make sure i check every single box. >> reporter: coaching beverly on how to revive her son, even counting with her as she gave chest compressions. >> do it 30 times. i'll count for you. one, two, three -- >> 15, 16, 17, 18 -- >> you're doing great. >> it was like he was in my living room with me. talking me through it. telling me i can do this. >> reporter: and she did. >> he moved a little. >> reporter: when paramedics arrived, minutes later, elliott was breathing. >> i remember i went to the back and got a glass of water and one of those things that i said a quick prayer and made sure the baby was okay. >> got your rattle? >> reporter: now elliott is home, happy and healthy. yet it is still unclear what caused him to stop breathing. johns never knew elliott spent three weeks in the hospital recovering. dispatchers don't often learn the outcome of those they helped until this day. >> hi. >> hi. how are you? >> good, how are you? >> it is nice to meet you. so nice to meet you. >> thank you. >> oh, you're welcome. you did a great job. >> reporter: the fire chief awarded johns a letter of commendation for his work. it sits next to a very special thank you note he received from elliott's grandmother. >> just to see him here, it is something else. >> reporter: johns says the ultimate praise comes from knowing the impact he had on this mother and son. >> hi, buddy. hi! >> reporter: who are no longer strangers. >> thank god there is people out there to help us when we're in situations like that. >> say hello. >> reporter: brynn gingras, cnn, mentor, ohio. >> i think i have something in my eye, right? "new day" continues right now. all right, good morning to our viewers in the united states and all around the world. i'm john berman with brianna keilar. it is friday, october 22nd, we have breaking news overnight. a deadly shooting on the set of alec baldwin's upcoming film that was filming in new mexico. police say a prop gunfired by baldwin killed the film's cinematographer and wounded the director. a spokesperson for the production called it a tragic and devastating accident. >> filming has been shut down for the time being. photos have appeared appearing to show baldwin distraught after he was questioned by the santa fe county sheriff's department. no charges have been filed. and officials say the investigation remains open and active. joining us now is tessa mentes at kobv tv in new mexico who has been covering this story. there is so many questions here, tessa, about what happened. what can you tell us about maybe the weapon, what this was. do we know anything? >> so at this point, brianna, and thank you both for having me this morning, all we know is that it is a prop

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