trump cannot use executive privilege to block the house january 6th committee from obtaining documents related to his attempt to overturn the 2020 election. trump had sued to keep the white house records secret. but at least by this judge was denied. here's the chairman of the compete investigating insur insurrection. >> here's the teal. if you take your issue to court and lose, then you need to man up and deal with it and not be a spoiled brat. >> turning over records by this friday, trump's lawyers immediately said they would appeal this decision. this massive legal blow coming as the january 6th committee issued 10 new subpoenas targeting former trump administration officials, including senior adviser stephen miller and kayleigh mcenany. all eyes are all attorney general merrick garland. >> joining me now, cnn senior legal analyst, elie honig. this federal judge gave a sweeping decision on trump's claim of executive privilege. >> this is really a big deal. this is a monumental, constitutional decision. and the judge gave a big win, at least for now, to the january 6th committee, a big setback to donald trump. the judge systematically took apart donald trump's arguments. first of all, executive privilege. the judge put it very bluntly, presidents are not kings, and plaintiff is not president >> that is an incredible statement. >> the truth hurts. it is going to be generally up to the current president, not the past president to exercise executive privilege. the judge also rejected donald trump's argument that the committee has no legitimate legislative purpose. they said, they're congress, they told us what it is. it's not up to you, the former president. the judge stressed the importance of the overall investigation that the committee is doing. here's an important quote from the opinion. the judge said, defendants, meaning the committee and normal archives, contend that coming to terms with the causes underlying the january 6 attack is a matter of unsurpassed public importance because such information relates to our core democratic institutions and the public's confidence in them. the court agrees. >> so, elie, it is november 10th. i can't help but notice november 12 is the day they are to release the documents. what happens between today and the 12th? >> we have important procedural things ahead. this opinion came out of district court, the trial level court. donald trump has already made clear he's appealing. the timing is so important here. november 12th, two days from today, the documents start going over. the key term here is are we going to see a stay? it basically means a because. will the court of appeals come in and say, hold on, don't turn the documents over because we need time to hear that appeal. we will know within the next two days whether there's a stay. donald trump is going to ask -- beg the court of appeals for a stay. count on him going to the supreme court and say you need to put a pause so i can argue my appeal. >> the reason a stay here is so important is because even if they decide they want to decide the legal concept down the line, if there's not a stay, the cat's out of the bag for donald trump. >> in it is a practicality. starting friday, if there's no stay, these documents are going to start going over to the january 6th committee. 770 plus pages of handwritten notes, internal phoeupls, call logs, important internal documents from the white house. friday, if there is no stay, the committee will have the documents in their hands, cat's out of the bag. and there is not much the court of appeals can do to stop it at that point. >> do you think there will be a stay? >> courts of appeals typically will issue stays because they want to have a stay. they don't want to get timed out. the judge's ruling here was really straight tpwaurd, well supported. if the court of appeals decides that is solid, they may not issue a stay. it is a toss of the coin here. >> and the supreme court needs to decide the same thing. it needs to get through two courts, which seems like a high bar. all right. we are watching that very closely. we are watching what i also the committee is doing in the house. they issued another flurry of subpoenas. >> over here on the second stage, we have another wave of subpoenas, a few interesting ones i want to highlight. stephen miller, one of the primary architects of the big lie of election fraud. kayleigh mcenany who spread the lie from the podium. there are a couple lesser known names. keith kellogg actually reportedly asked donald trump as january 6th attack was happening to issue a tweet or statement to call off his followers. christopher liddell almost resigned and had to be talked about it. there could be interesting testimony coming out of some of the witnesses who might be willing to cooperate. >> i think the big question with all these people who have been subpoenaed now is what will this guy decide about this guy. what will the attorney general of the united states decide to do whether to charge or prosecute steve bannon. . >> it is such an important decision, john. merrick garland has had this case for three weeks. some people have said, look, the wheels of justice grind slowly. i work at the justice department. i understand that. but this case doesn't seem to be all that complicated. they subpoenaed steve bannon. he said no. to this date he has never formally offered up any good reason. there is a legitimate question of what is merrick garland waiting for? here's why it is so important? the other bana wanna-bes who are going to defy the subpoena, are starting to emerge. jeffrey clark said, no, i don't want to answer your questions. bernie kerik. and if merrick garland does not charge steve bannon, all of these people and even more. mcenany. . >> why would anyone who doesn't want to talk ever bother showing up? >> that's exactly why the stakes are so high. if garland doesn't put his foot down on bannon, it will be completely voluntary. people loyal to donald trump will never testify and we will never get the full truth. >> thank you, elie honig. >> thanks, john. calling for action against republican congressman paul gosar. he tweeted out an anime themed video. we're not going to show you a lot of this. a lot of it is very violent. just so you get an idea, here is a snippet of it. ♪ >> all right. so after lawmakers voiced their outrage, gosar tweeted this. it's a cartoon. relax. joining me now is former florida republican congressman francis rooney to talk about this. sir, we're even hearing from gosar's estranged siblings saying there should be accountability here. what kind of disciplinary action do you think house leadership should take? >> well, i'm not sure all the tools they have. but they definitely need to step up and censor him. it would be illegal, i think, in a commercial workplace. and they've got to act. they've got to do something to show that they don't condone it. >> that's a really interesting point that you raise. in any workplace, if you had one employee who showed a video, whether it was anime edited or not, of them killing another colleague, they likely would not have a job at that company anymore. why not something -- why not expulsion? >> i don't know if that's a legal remedy they have or not. gosar, this isn't the first time around with him. the rest of his family criticized him during one of the elections a couple of terms ago when i was still in congress. he's prone to excessive and outrageous behaviors that need to be dealt with. >> is this different to you than some of the other offensive things that paul gosar or some other republicans have said or done? >> well, i think it is. i think it's employee harassment. if it were a commercial environment, it would be workplace harassment. this is colleague harassment. and i know in our companies and most every company i know about, you would never put up with that. probably no job, like i said. >> what should kevin mccarthy do here? >> well, he needs to speak up and criticize this and possibly move to censure him. how outrageous they are talking about removing committee positions of the people, the 13 or 10 so republicans that voted for the infrastructure bill but not saying a word about gosar? >> well, that's a very good question, right. you have republicans who are talking about stripping committee assignments from republicans who voted for the infrastructure bill. clearly they voted for it because they think that it works for their constituents, for their districts. and yet you have a lot of silence when it comes to paul gosar. what does that portend for the midterms and the kind of candidates you're going to see coming into congress on the republican side? >> well, i think it's reflective of the hard move that the republican party has made. i keep thinking of the isms that george bush used to talk about, protectionism, nativism and populism. and they have moved away from the traditional values. and if we continue to get these kind of candidates like we got last time, they will continue to harden up and become more placable and more instruct able to our constitution of democracy here. >> always appreciate talking to you, congressman rooney. thank you very much. >> thanks for having me on, brianna. so if americans have such a problem with facebook, why do they keep using it? new poll numbers about how frequent users feel about the social media giant. and an independent investigation into the astroworld tragedy. and a secret tape made after columbine reveals the nra's evolution on school shootings. what laid the groundwork for the next 20 years? what's strong with me? what's strong with me? what's strong with me? what's strong with me? what's strong with me? me? with me! every business is on a journey. and along the ride, you'll find many challenges. ♪ your dell technologies advisor can help you find the right tech solutions. so you can stop at nothing for your customers. what does it feel like to sell your car to carvana? it feels amazing. when you get a great offer in seconds... (all cheering) it feels too good to be true. it's kicking back and relaxing as we pick up your car. and when you get paid on the spot, it feels like scoring big. you know the feeling. you just never imagined you could get it from selling your car. well, with carvana, you can. experience the new way to sell a car. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. with framebridge... make what matters to you last. halloween, '72. jojo's adoption day. asher's art phase. whatever you treasure, make it last. framebridge. it's time for our veteran's day sale on the sleep number 360 smart bed. what if i sleep hot? ...or cold? no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. save $1,000 on the sleep number 360 special edition smart bed. plus, 0% interest for 36 months and free premium delivery when you add a base. ends monday. before nexium 24hr, anna could only imagine a comfortable night's sleep without frequent heartburn waking her up. now, that dream... . ...is her reality. nexium 24hr stops acid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn? 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 ♪ (chloe) wireless family plans save you money, but then you have to deal with family. (aunt 1) chloe... (aunt 2) still single, dear? (chloe) so i got visible. team up with friends and get unlimited data for as low as $25 a month. no family needed. (dad vo) is the turkey done yet?! (mom vo) here's your turkey! (chloe) turkey's done. [fire alarm blares] (grandpa) answer the phone. (chloe) that's the fire alarm, grandpa. (vo) visible. unlimited data, powered by verizon. switch and get up to $200. this morning, brand-new cnn polling about facebook. americans are growing more negative on the tech giant, with 76% saying they think facebook makes society worse. while just 11% say it makes society better. even frequent facebook users, those who report using it several times a week, say 70% to 14% that facebook harms rather than helps. columnist for inside lynette lopez and donie o'sullivan. can we start with what i last said. even -- 70% of the people who say it is terrible and harming society but going click, click, click, give me more. >> look, i'm among them, right? these apps are addictive. for many people they are a critical piece of staying in touch with their families and friends around the world or even to do business. but also in this new cnn polling, people people who use the platform regularly say they are served objectional content, content they see that facebook recommends to them that they don't even want to see. it is quite like a drug people are hooked on. they know it can be bad for them, but they can't get away. >> but if 70% say it is harming society, is that on them or facebook? >> that shows out in the polling. some folks say, you know, we don't like facebook. we think facebook is harming society. but folks are undecided -- many folks are undecided where the harm comes from. is it how people are using the platform or facebook themselves? >> lynette, how aware is facebook -- the numbers are overwhelming. how aware is it that there's so much resentment for the social media giant now? >> oh, i don't know how aware facebook is because they seem to keep launching products that invade more and more into our personal space. the company just changed its name to meta. it wants to create a completely different reality where people can work and interact with each other. facebook isn't that great at this reality. so i don't understand why they think they should create another one. people don't, i think, understand how much control facebook has over the algorithms, how much they have over what they're served. i think some users think maybe it's my network. maybe i'm associated with a bunch of nut jobs who post crazy stuff. they don't realize, as "the wall street journal" reported maybe two years ago, that facebook is very aware that its algorithm elicits emotional reactions, negative. i called them sociopathic. >> 49% said yes, 51% no to know anyone persuaded by facebook content to believe in a conspiracy theory? >> everyone knows someone who has gone down the rabbit hole. it is something that drags our families and friends in and makes them believe crazy things about 9/11 to vaccines. >> or that the election was rigged. >> yeah. >> it is quite shocking that half of americans say somebody they know has been dragged into a conspiracy theory, rabbit hole because of facebook. we talk to people like that all around the country who lost loved ones to conspiracy theories, everything from the big lie about the election, qanon, vaccine misinformation, to above and beyond. so i think also why it's important that news organizations like cnn are doing this polling is because facebook uses so much of its justification for how its platform works and what makes its platform so profitable, the algorithm. they say, oh, people tell us in polls that they want to see ads relevant for them. >> i will say if you haven't met someone going down a rabbit hole, you haven't met enough people. should the government regulation of facebook should increase a 53%, decrease 11%, not change 35%. a fair majority wants more regulation. how much difference would that make? >> on would it mean we hold algorithms responsible for the content they show people? split up facebook so it's not so big so we have options in terms of what social media we use? does it mean that facebook needs to change the way that it interacts with its actual paying customers, the way that it makes money, in a way -- so they're not as harmful to the regular people who use the app. i don't know. i think people don't know enough about the situation. there have been so many issues, privacy issues, kids feeling bad after they use the app. it's just so much coming at people they feel overwhelmed and they don't know how to fix the problem. >> how much does facebook care that 70% of the people of the world think it's harming society? >> well, we'll find out i guess. look, as lynnette said, they are trying to build a metaverse. not happy how their role is playing out in this universe, zuckerberg is trying to create an alternative virtual reality. i will say on a final point on that point of regulation, it is kind of striking that only half -- roughly half of americans think there should be more regulation given that republicans, democrats, and even facebook itself said, hey, we want to be regulated in some form. but i think it is because it is so -- this is a very new issue still. it is still relatively new. how do you legislate for something like this. i think it's on all of us lawmakers, on news people, and it's on the platforms to talk about, well, how can we try and rein some of this in. >> if you think you're hurting the world, i will say you don't have to. you can stop using it. you won't explode if you stop using facebook. thank you so much for being with us. i appreciate it. >> thanks for having us. the house fire chief said there is evidence drugs may have been involved. the houston fire chief says there's evidence drugs might have been used at astroworld. we have more on the investigation. a former u.s. marine jailed is now on a hunger strike. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. [uplifting music playing] ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ serena: it's my 3:10 no-exit-in-sight migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes, without worrying if it's too late, or where i am. one dose can quickly stop my migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. serena: ask about ubrelvy. the anytime, anywhere migraine medicine. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. this morning investigators are still working to determine all the possible causes of death for eight concertgoers at the astroworld concert. the houston fire chief said there is evidence that drugs may have played a role. meanwhile, lawsuits are piling up, and a texas judge is calling for an independent investigation. cnn's rosa flores live in houston with the very latest for us this morning. good morning, rosa. >> reporter: john, good morning. the fbi announcing that it is offering its assistance and resources to the houston police department. hpd has received some of the video of this event from live nation, including to houston mayor sylvester turner. they are still asking for more video. it is very early in the investigation. and everything is on the table. the houston fire chief saying that drugs may have played a role in some of these deaths. this is after "the wall street journal" reported that a bad batch of illegal trucks could have contributed. and harris county judge announcing that she is considering hiring an outside law firm or third party to conduct an independent investigation. all this as i learned from the houston firefighters union president that there was no direct radio communication between the medical services firm hired by the organizers, accompanied by the name of pair tobgs, and the houston fire department team that was proactively pre-positioned outside of the venue. the union president told me these firefighters asked paradox for direct radio communication and instead they were given a list of cell phone numbers. cell phones are not a reliable form of communication during an emergency, especially during large events. cnn has reached out to paradox asking about this issue. we received a statement that did not answer our direct question and instead the statement went on to say they are cooperating with authorities. john. >> yeah. were the preparations made in advance of what they could have reasonably expected would be a complicated event? those are the questions that will be asked. rosa flores, thank you very much. new this morning, secret tapes, panicked discussions. why nra leaders are heard on tape calling their own members fruitcakes, whackos and hill billies. we will speak with the reporter who broke the story. and an ivf nightmare. i can't even believe i'm saying this. a couple gives birth to a stranger's baby after being given the wrong embryo. hear what happened next. and when it comes to the sexiest man alone, john berman comes close. but "people" magazine decided to go in another direction. we disagree, but whatever. and we're going to discuss. people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. when that car hit my motorcycle, insurance wasn't fair. so i called the barnes firm, it was the best call i could've made. call the barnes firm now, and find out what your case could be worth. ♪ call one eight hundred, eight million and i d d so my y quesonons coueouout hicacase.y y son, ♪ call one eight hundred, cacalledhehe bars s filion and i d d soit was the best call coueouout hii could've made. call the barnes firm aand find out what your case all ccould be worth.uld've made. ♪ call one eight hundred, eight million ♪ new this morning, secret recordings reveal nra leaders in 1999, just days after the columbine high school shooting, talking about canceling their annual convention scheduled days later nearby in denver. this is according to some new reporting from npr's tim mack, who obtained the tapes of the private meetings. columbine at the time was one of the worst mass shootings in history. here is the top lobbyist at the time addressing the dilemma that the organization faced. >> the same period where they're going to be burying these children we're going to be having media within 10 miles of on our convention center, the world's media, trying to run through the exhibit hole, looking at kids fondling firearms, which is going to be a horrible, horrible, horrible juxtaposition. >> they can be heard disparaging some of their own members. >> the other problem is holding a member meeting without an exhibit hall. >> yeah. >> the people you are most likely to get in that member meeting with out exhibit hall are the nuts. >> i made that point earlier. i agree. the fruitcakes are going to is show up. . >> you're going to have the whackos with all kind of crazy resolutions with all kinds of, of dressing like a bunch of hill billies and idiots. . >> cnn reach out to the nra, and the people you have just heard, we have not heard back. npr's tim mack, his new book is called "misfire, inside the downfall of the nra." i wonder, tim, if you're dues paying -- i'm not saying you are. but if someone is a dues-paying member of the nra, and they hear whackos, hill billies, idiots how do they feel about that? >> i imagine they are not feeling great about listening to the sounds. the nra also have more ideological views. for the first time you can enter the room and hear what some of the executives and officials of the organization really think about those members behind closed doors. . >> yeah. it's fascinating really. clearly they thought no one would ever hear this. can you tell us how the nra is responding and how npr authenticated the tapes. >> we checked with multiple sources about the identities of the tapes, as well as listening to publicly available audio to check against the sounds. and so that's -- and of course we reached out to all the players on the tape, as well as the nra, for a response. >> they didn't deny that it was them? >> we did not provide them with the original audio. with he provided them with transcripts of the audio. >> i want to listen to -- there's more. let's listen to this. this is the internal deliberations about whether to cancel the nra convention in the wake of columbine. >> i've got to say, we've got to think this thing through. because if we tuck tail and run, we're going to be accepting responsibility for what happened out there. . >> that's one very good argument, jim. on the other side, if you don't appear to be deferen challenge in honoring the dead, you end up being a tremendous [ bleep ] head who would tuck tail and run. >> what's so interesting about this tape, you can see in realtime the nra's leadership making these decisions and trying to figure out with what their strategy is going to be after columbine. that has echoes for years and years to come in the other shootings that happened. what you hear in these tapes and what you read in my back "misfire" is what really happened behind the scenes in nra headquarters as the declean of the nra begins. >> your book is fascinating, by the way. i want to talk about the potential of a victims's fund in the wake of columbine. >> if there's something concrete that we can offer, not because guns are responsible but because we care about these people -- is there anything -- does that look crass, or -- >> like a victims's fund. . >> we create a victims's fund and give the victims a million dollars or something like that. does that look bad? >> well, i mean, that can be twisted, too. i mean, why are you giving money, you feel responsible? >> well, true, it could be terroristed. but we feel sympathetic and respective. >> in the end, the nra really turns away from any sort of balanced approach or even really considering a balanced approach as we go into sandy hook and other shootings. >> yeah. you hear them talking about a victims's fund. that is not the approach they end up taking. it is a softer tone. but they end up going with a more defined one. they don't want to have the appearance of the responsibility for anything related to these shootings. they feel if they were to cancel the convention or make a concession they will be admitting some sort of complicity in shootings like this. so they end up pushing a much harder line, one in which they criticize the meeting saying, hey, if you're discussing gun legislation after a shooting, that is a politicization. this becomes a big pattern in the years to come. >> the nra spokesperson you provided transcripts, and their response was? . >> their response was they thought this was a quote-unquote hit piece. >> it's their words, i will say, tim. and i really appreciate you sharing it with us. thank you so much. tim mak. >> thank you. >> a u.s. marine jailed in a russian prison and now on a hunger strike. we will speak to his mother about his condition next. a slap in the wrist for aaron rodgers. the nfl fined him and the green packers over covid safety protocols. how much he will have to fork out. that straight ahead. season's greetings from audi. i've lost count of how many asthma attacks i've had. but my nunormal with nucala? fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection-site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. fries or salad? salad! good choice! it is. so is screening for colon cancer. when caught in early stages, it's more treatable. hey, cologuard! hi, i'm noninvasive and i detect altered dna in your stool to find 92% of colon cancers even in early stages. early stages. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. (all) to screening! ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom ♪ ♪ 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. reed has been on a hunger strike to protest his imprisonment in russia for a week. they are denying the claim. they say in a statement to russian state media, quote, the information circulated in the media by a convict trevor reed is untrue. he did not declare a hunger strike to the administration of the facility, and he has been taking meals according to schedule. joining us is his mother, paula reed. as you hear the russian penitentiary service there, you don't believe them. tell me about that. >> absolutely, we don't believe them. thank you for having me. the russian government has been lying since day one, since the day they decided to hold him for hurting these police officers. none of that was true. we absolutely know they're lying. we had an attorney tell us that. then we had someone confirm it later. so we know that trevor is doing this. and i'm pretty sure he did give notice to the russian prison authority as well. so we know they're lying. and we are asking the attorney to go back to verify this tomorrow. >> they do have a credibility issue for sure, and not just in the case of trevor. we should note that as well. >> right. >> can you tell us -- he is -- he still has a lot of his sentence left. he has served some hard time. but this is a nine-year sentence. what are your concerns about his safety and about his ability to communicate? >> well, we're concerned about his health mostly. he got covid while he was in moscow. and he still had some residual effects of that when he went to the prison camp. and the quality of medical care for the prisoners is very poor or nonexistent. so of course that concerns me as his mom. now that he is doing a hunger strike, that makes it even more concerning. but i know trevor. and i know that he is smart enough not to put himself into too much danger. i feel in doing this hunger strike is just indicative of how desperate he is. he's trying to bring attention to his case, to ask the government to bring him home. and i think he just felt like he didn't have any other option at this point. >> so as he tries to bring attention here, what do you want from the biden administration? >> well, this summer president biden said that he would try to make an agreement to bring trevor home as well as paul whelan. it has been almost six months. and i know these things work slowly. but i think now that trevor is doing this hunger strike, there is more of a sense of urgency for me as his mother to make that teal, whatever it may be, to bring trevor and paul whelan home. >> are you worried about his health? >> absolutely. >> of course you are. are you worried that your son could actually die in these conditions, or do you think the russian government would not let that happen? >> i don't really know what the russian government would do. and i try not to let my mind go there. i just worry about him all around. for many things. not just -- his health of course right now, first and foremost. but on top of that, what this wrongful imprisonment has done for him and what it will do to his future. i try not to focus on just the hunger strike right now. >> paula, we will continue to track the case of your son. we really appreciate you being with us to talk about it. thank you. >> thank you very much for having me. we'll have more on breaking news. a judge rejecting donald trump's bid to withhold records from the january 6th committee. plus, senate minority leader mitch anything connell calling the infrastructure bill a godsend as republicans face threats for supporting it. "people" magazine just named its 2021 sexiest man alive. who do you think that might be? ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ advanced non-small cell lung cancer can change everything. but your first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread, tests positive for pd-l1, and does not have an abnormal egfr or alk gene. it's the only fda-approved combination of two immunotherapies. opdivo plus yervoy equals... a chance for more time together. more family time. more quiet time. opdivo and yervoy can cause your immune system to harm healthy parts of your body during and after treatment. these problems can be severe and lead to death. see your doctor right away if you have a cough; chest pain; shortness of breath; irregular heartbeat; diarrhea; constipation; severe stomach pain, nausea or vomiting; dizziness; fainting; eye problems; extreme tiredness; changes in appetite, thirst or urine; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; or fever. these are not all the possible side effects. problems can occur together and more often when opdivo is used with yervoy. tell your doctor about all medical conditions including immune or nervous system problems, if you've had or plan to have an organ or stem cell transplant, or received chest radiation. here's to a chance to live longer. ask your doctor about chemo-free opdivo plus yervoy. thank you to all those in our clinical trials. there's a different way to treat hiv. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider once a month. hiv pills aren't on my mind. i love being able to pick up and go. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems,...and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. ♪ ♪ 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. ♪ so, what's this? republican senate leader mitch mcconnell praising the biden infrastructure bill passed last week in the house. >> well, i was delighted that the house finally found a way to pass the infrastructure bill last week. passed on a bipartisan basis. and i think it was the right thing to do. . >> mcconnell voted for it. it shouldn't be a surprise that he is praising it. not surprisingly, he is being ripped by donald trump for this. i'm joined by cnn white house correspond skpepbt, let's be honest, the sexiest man alive, john harwood. mcconnell voted for this bill. he likes the infrastructure bill. specifically, he likes a bridge he is trying to get repaired for a million years between kentucky and ohio. >> look, infrastructure, roads, bridges, broadband is very popular. that's why you have 19 senate republicans who almost never want to cooperate with president biden to vote for this bill. you had a few republicans in the house vote for it as well. donald trump works on a different set of calculations. donald trump makes judgments about things based on whether it's good or bad for donald trump. and so trump looks at this bill. joe biden, he wanted to get an infrastructure bill done, didn't do it. joe biden d. makes joe biden look good. if donald trump wants to run against joe biden, it makes his job a little bit harder. that is why he is attacking mitch mcconnell. he has done it for a long time. mcconnell wants to hold the senate next year. bragging about this bill will be good for those senators who voted for it. >> i did get a little bit lost in your eyes as you were giving me that answer. there will be a signing next week. does that mean mitch mcconnell and the 19 senate republicans will go and stand behind joe biden for that tableau at the signing ceremony? >> some of them will. i don't know if mitch mcconnell will. that is a dicey calculation. you have the senatorial committee, he has been criticizing the bill. does he want his leader to stand with joe biden. that might complicate some of his political efforts. there will be some republicans there. we have heard in the last 24 hours say tom reed, moderate republican, says i'm going to show up if i get invited. this is something that will be good for joe biden. he talked about trying to get people to work together. usually you can't do it. this is a case where he did. it will go down to his benefit as well as the benefit he gets from pushing all of these popular programs. >> the white house is saying the infrastructure bill will help address the supply chain problem that's very real. >> i have the secretary of commerce coming on next hour, john. what do you think the most important questions for the white house are on this subject about what they could and should do? . >> well, look, i think the benefits for the supply chain will be slow in coming. it will be a rollout that take place over months and years. what the white house needs to do now is show the american people that they get then tphraeugz challenge that they are facing and that they are trying to do something about it. they can't do all that much about it. and i've talked to gene about this. they are putting as much energy into the effort. they also hope the progress that we are making on the pandemic, especially with a lot of these young people getting vaccinated and a slow rampup of some of the vaccine resistors, you will put the panic in the. r. putting that in the rear-view mirror is a big part of how you normalize the economy. >> john harwood, don't go far. because this next story really is about you. because if you're wondering why john berman is objectifying john harwood, it is awkward segue into the next story. "people" magazine named 2021 sexiest man alive. he is funny. really good hair. the profile kind of looks like you, john berman. who do you think it is? >> if it's just really good hair, it can't be me. it would have to be great hair. we know who this is. announce it. >> all right. the sexiest man alive is paul rudd. we're going to go back to the other one in just a second. it is very fun. 52-year-old actor known for his charm, tongue in cheek humor when antman and anchorman. he said he hoped to be invited to the sexy dinners with clooney, pitt, and michael b. jordan. all of you making john harwood, he appeared not in this particular issue but a previous year. let's bring that back up to fully embarrass you. >> the picture is fairly small. . >> that's good company. >> everyone else is i barely see any other faces because i'm drawn right to john's. >> john harwood will never mention it again. >> during the commercial he said i was in the sexy of the man alive issue. you are legally and morally compelled to find a picture of it and put it on tv. >> that is if your anchors have no personal restraint. that's what happens. >> you know us. it's pretty fun, harwood, right, to end up in there. >> it was fun. the reason that i ended up in there is because i had a friend who worked on the issue. >> there you go. he does have great hair as well. and "new day" continues right now. welcome to our viewers here in the united states and around the world. it is wednesday, november 10th. i'm brianna keilar with john berman. we have breaking news overnight. a major legal setback for donald trump. a federal judge denying his claim of executive privilege in an effort to shield records from the house committee investigating the january 6th attack. in a nearly 40-page ruling, the judge here writing, presidents are not kings, and plaintiff is not president. he retains the right to assert that his records are privileged, burr the incumbent president, she said, is not constitutionally obliged to honor that assertion. >> the hundreds of pages of documents that trump hoped to keep secret could now be in the committee's hands in just days. although could is doing a lot of work in that sentence. these documents include hand-written notes from his chief of staff and phone call logs between trump and mike pence. trump's lawyers are appealing this ruling. so joining us now, cnn chief legal analyst jeffrey toobin and co-anchor of state of the union d d dana