and breaking overnight, presidents are not kings and the plaintiff is not president. those words in a pretty stunning ruling from a federal judge that former president trump, stunning in its strength and certitude, it said former president 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 sued to keep the white house records secret, but at least by this judge he was denied. this is a chairman of the committee investigating the insurrection. >> it is a big deal. 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. >> the national archives plans to turn over records to the committee by this friday. trump's lawyers, though, did immediately say that they were going to appeal. so that could have an effect here. this is a massive legal blow and it is coming as the january 6th committee issues ten new subpoenas that target former trump administration officials including senior adviser steven miller and press secretary kayleigh mcenany. now all eyes are on attorney general merrick garland, because if the department of justice doesn't enforce the subpoenas, then why would trump's allies even consider complying here? let's talk about this now with cnn law enforcement correspondent whitney wild. a lot going on here between the subpoenas and this very important ruling. how are you seeing the state of things. >> i think this ruling is probably the most significant win for the committee we have seen so far. it is for a list of reasons and as you point out, there are people who are very reluctant to come forward with their testimony and so this gives the committee a lot more flexibility in collecting information. the goal has always been get the paper first, get the interviews later. at least with the paper they have some candid in the moment information to use as they continue to investigate what were the catastrophic breakdowns of january 6th, what contributed to that, and what the president's mindset was as the day unfolded. here is the -- the very frank ruling from the judge in this case, who had a very spirited exchange with the -- trump's attorneys during that hearing. here's what she said. trump's position that he may override the express will of the executive branch appears to be premised on the notion that his executive power exists in perpetuity, but presidents are not kings. the plaintiff is not president. answering the question that we have discussed a lot on our air, which is how elastic is executive privilege. she said not very, it starts and ends when the president takes office and when he leaves office. it is very much in the hands of biden and she is emphatic about that. here is how the trump camp is responding. the battle to defend executive privilege for presidents past, present and future from its outset was destined to be decided by the appellate courts, president trump remains committed to defending the constitution and the office of the presidency and will be seeing this process through. so now what is the practical impact? he's going to this judge to say, issue a stay while we try to get our faffairs in order to go to the court of appeals. if the judge says no, the document ms may end up with the council. long story short, there are a lot of legal hurdles still to -- for the committee to jump over to try to get the documents, but at the outset, this is probably for the investigation one of the biggest wins so far, if not the biggest moment. >> such a good point. whitney, thanks for that. >> joining me now, former doj chief of the counterintelligence section of former council for the house at this committee, david layughman. let me read you a quote, plaintiff does not acknowledge the deference owed to the judgment, his position he may override the express will of the executive branch appear to be premised on the notion his executive power exists in perpetuity, but presidents are not kings and plaintiff is not president. your view on this ruling. >> i think the judge got it exactly right. it is the current occupant of the white house, president biden, not the former occupant, who holds the privilege. and she rejected flatly the notion that trump in perpetuity can assert executive privilege to block a lawful congressional investigation. so in that respect, it is an important ruling. we'll see how long this gets tied up in the appellate courts. but, look, from a practical standpoint, this strategy by the trump team is obstructive. it remains obstructive of the select committee's investigation. we don't know how long it will be before they have access to the documents. they have a lot of other witnesses who are going to be defining the subpoenas. and time is of the essence here. if you think about it, the select committee may have no more than 13 months to finish their work, to finish the fact gathering, to deal with legal obstacles that arise, to write a public report that the american people can have confidence in as an objective account of what actually happened on january 6th. and that's not a lot of time to get this work done. >> you say we'll see what the appeals court decides. that's a big we'll see here because trump has appealed this, or says he's going to appeal this to the appellate court here. and they have to decide whether to issue a stay. the national archives will release the documents on november 12th, unless there is a stay. what do you think the likelihood is that the court, either the appellate court or supreme court will step in and say, wait, don't release the documents yet? >> it is hard to say. i mean, i would like to think the judges who preside in adjudicate these issues, you know, will rise above any political fray, will zone out the noise and focus on the law and the facts. all of which present a compelling basis to reject the former president's claim and to create a pathway for the house select committee to get evidence it needs. >> there is another decision that needs to be made here, from merrick garland, the attorney general of the united states. the house has referred a criminal contempt charge to the local u.s. attorney, ultimately merrick garland who will decide, to charge steve bannon or prosecute him for contempt of congress. he has defied the subpoena from the house committee. but it has been three weeks and we haven't heard from merrick garland. what is taking so long? >> well, the attorney general has testified that he is going to faithfully abide by the department of justice policy which explicitly says that a prosecutor can't bring a case, can't bring criminal charges unless he or she has a good faith belief that the admissible evidence is sufficient to obtain and sustain a conviction. based on what we know in the public record, the evidence and support of a conviction here is pulverizing. there could not be a more brazen contempt of congress than what mr. bannon has done. he has completely defied the subpoena. and writing the indictment itself is not that hard to do. this indictment could write itself. it is what happens after the indictment that the department also has to anticipate and methodically plan for. what would the government's discovery responsibilities be. they have to think through, like a chess game, all the stages of a criminal prosecution that could play out. having said that, they saw this train coming for weeks in advance, so the referral of the contempt resolution in the first place, you know this is on the face of it not that complex an analysis to undertake. and i don't think it should take them too much more time to make an informed decision about whether to charge mr. bannon. >> if you're any of the other witnesses who received this subpoena who might not want to show up, why on earth would you consider it as long as the -- >> exactly. exactly right. they're going to see what happens in the bannon case. if for some reason the contempt prosecution does not go forward, i can't imagine any of them will have an incentive to come before this committee. it will bring about the end of any enforcement of congressional subpoenas for the foreseeable future. congress has an ability to exercise oversight investigations will be substantially diminished. >> why would anyone respond to a congressional subpoena after that? thank you for coming in, appreciate it. >> thanks. turning now to the latest in the astroworld concert tragedy. more than 70 lawsuits have been filed, 70, against the performers and the event producers and this is the number that is growing here after eight people were killed and several more still are fighting for their lives in hospitals. joining me now is one of the first lawyers to file suit after the deadly concert, thomas j. henry. thomas, thank you so much for being with us. can you first just tell us how many lawsuits are in the works and how many people you are representing? >> yes. good morning. at the moment we have filed 68 lawsuits for injured victims. and we intend to file probably up to 100 if not more by the end of the day or the following day. >> and so how many -- maybe you answered the question, how many more people are you in talks with representing? >> there are many, many more people who have contacted me. we're in the process of being retained every day, every hour, and so it is an ongoing process that i think will continue to grow. >> okay, so the number of plaintiffs that you have right now? >> almost 100. >> almost 100. so tell us who and which entities specifically these lawsuits are against. >> well, there is a development in that process, but at the moment, livenation, travis scott, drake, nrg, the stadium, csc, the security company is being added. there will be other production companies added to this lawsuit. and that is an evolving process. >> you said there is a development. what's that? >> the development is that there are additional defendants being named in the lawsuit that we have filed and i think that as the lawsuit develops, we may see even more defendants added to the lawsuit. there are many contracts associated with doing events. and some of those entities will surface more and more as the lawsuit develops through discovery and depositions. >> and so explain drake, right, drake, his involvement because you named him as a defendant. >> yes. 9:38 there was a mass casualty incident report to all the producers at the show. by 10:15, the show had ended. in that period of time, drake came on stage, while people were being injured and killed. those performers, drake and travis scott, along with all of the event organizers, knew the dangers associated with the crowd, what was going on with the crowd and yet they continued to perform, and from the stage, you could see absolutely travis scott noticing people being injured, noticing people being carried off unconscious, and so those performers instead of stopping the show and keeping those people safe in the crowd, and taking those steps necessary to stop the event, help stop this crowd issue, they continued and the crowd was excited, the crowd got worse and more people got injured because they continued to perform. >> thomas, can you shed light on what you believe the role of drugs to be in this probe? >> i think it is very important to figure out what kind of drugs if any the performers were on. i heard about people in the crowd and certainly when you have crowds at concerts for years, since woodstock, concert promoters, concert creators, performers have known there can be an element of drug use at concerts. not only with crowd, but with performers. and so that is still being developed and looked at. we heard all about those particular complaints and the crowd, but what has materialized to this point hasn't been anything tangible. i think what is important is to ask yourself, why is it that performers can't see what is going on in the crowd, why are they so aware or numb to what is occurring in front of them, and, you know, there is a lot of video showing people being dragged off and those performers are right in the same shots. you can see them, and they're not aware. so my big concern is also, you know what are performers doing, what kind of drugs if any are they on? >> can i ask you about that? if you are -- if you are wondering or looking into whether they were under the influence, how do you determine that? i mean, time has obviously passed since the concert so what would you be looking for, drug testing or some sort of testimony from those close to them, what are you looking at? >> yeah, i think that people around them would be one source. i think they're another source. i think their history is yet another source. so, you know, separate and apart from there actually be a drug test administered by officials at the event, which would be great if they did that, those would be the sources that we would be looking at. >> all right, thomas, look, there is a long path ahead in the case of so many of these folks who have died or been injured. thomas henry, thank you so much for being with us. >> thank you. did prince harry anticipate the january 6th insurrection? what he says he told the ceo of twitter the day before it happened. and if americans have such a problem with facebook, why do they keep using it? astounding new poll numbers just in about how frequent users really feel about the social media giant. and heart breaking mix-up for two sets of parents after learning they gave birth to someone else's babies. when did you see the sign? when i needed to jumpstart sales. build attendance for an event. help people find theirir way. fastsigns designed new directional signage. and got them back on track. get started at fastsigns.com. ♪ i see trerees 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. (tiger) this is the dimension of imagination. ♪ just released, brand-new cnn polling finds that 76% of adults think facebook is making society worse. only 11% say it makes society better. this is the part that gets me. frequent facebook users, those who report using it several times a week, 70% say the social network harms rather than helps. 70% of frequent users say that facebook is hurting society. why are they using it? joining me now, cnn correspondent donie o'sullivan and john avlon. donie, i've been picking on you here about this. 70% of frequent users think they're doing great harm to the world. yet they click, click, click, click, click, click away. >> one, it is very addictive, right? we know how addictive these platforms are designed to be addictive, to lure you in. also, for some people they need to be on it for keeping in touch with family or friends or some in the case for running small businesses, that's where they place their ads and sell their products. but it is quite a stark figure to see that there, that so many people who use this platform, so regularly, think it is bad for the country. >> yeah, and i would say, first of all, 76% of americans don't agree on anything right now. this is an outlier. it is an important one in terms of the possibility of bipartisan legislation, which has been offered by people like kevin buck and david cicilline in congress. you ask why. if you know this is bad for the country, why are you using it? it does sound like addiction. it sounds like tobacco. and i do think that, you know, as we understand the impact of algorithms and the way they create addiction on individual and societal level, then i think you start to understand how insidious this is. people know it is bad for them. they know it is bad for society, they can't stop using it. we have seen a variation of this. >> twitter, i posted that question earlier, someone said how else are you supposed to keep track of your exs. another one of the questions they asked is do you know anyone persuaded by facebook content to believe in a conspiracy theory? and on this one, donie, yes was only 49%. >> seems conservative. >> it does. but, i mean, take that number for what it is and think about it. it is tens of millions of people, right, who know somebody and they're just talking about facebook here, not talking about youtube, all the other platforms. if you troll them, i'm sure that number would be much higher. that is remarkable still, there are so many people in this country who have loved ones that are being pulled down these rabbit holes of disinformation that are tearing families apart. we have spoken to a lot of them over the past few months. >> on your issue of regulation that everyone in the world is going to come together on this, the poll doesn't really suggest that there is wide agreement there, government regulation of facebook should increase 53%, decrease 11%, not change 35%. so 53% say increase. it is none an overwhelming majority. >> it is a majority. if you look through the cross tabs, one thing that is striking is the broad bipartisan agreement that facebook is bad for society. look, once you get into questions of reform, folks will get a little freaked out. what does that look like? i think what is significant is the conversations in congress, in the wake of the whistle-blowers hearing, have focused on, look, it is about the algorithm. it is section 230, making these companies legally liable for whatever post may be a bridge too far for free speech reasons and others. the aillgorithm is what they control. that's so destructive and divisive to society and individuals as we have seen. >> i'll put you on the spot for something prince harry said, i apologize for doing this, you had enough of the royal family for over 100 years. this isn't your fault. but prince harry claimed at this conference that he warned twitter that the insurrection was going to happen before it happened. watch this. >> jack and i were emailing each other prior to january 6th where i warned him his platform was allowing a coup to be staged. you know, sent the day before and then it happened. >> he's talking about jack dorsey, the ceo of twitter saying prince harry saying he warned jack dorsey an insurrection was going to happen. >> a british prince warning of an attack on the american republic. it is remarkable, it is a remarkable claim. he says there is an email, twitter hasn't said anything about this, jack dorsey has not responded that we have seen. -l look, in some ways that sounds remarkable. in many other i wasways, many a seeing what was circulating on social media on the days leading up to january 6th and were sounding at larms. >> the signs were there, even for prince harry. >> receipt oz os on that, thoug >> thank you very much. the prosecution rests in the case of the trial of kyle rittenhouse and the defense is up next. the big question, will rittenhouse take the stand. a landmark ruling in the opioid crisis tossed out. was johnson & johnson just left off the hook. ♪ ♪ when the chapstick goes on. it's on. get yours on at chapstick.com this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. the kyle rittenhouse homicide trial set to resume this morning as the prosecution rests its case after calling 22 witnesses over the course of six days. now we're hearing from the defense's first witnesses and rittenhouse himself could take the stand. cnn's shimon prokupecz is live for us in kenosha, wisconsin, with more. this is the question here, shimon, will we see kyle rittenhouse on the stand? >> reporter: that is the big question. and perhaps we could get that answer today. but the defense not wasting any time, once the prosecution rested their case, they have already called three witnesses as they begin to make their case that kyle rittenhouse was justified in using his weapon. the defense began their case in the homicide trial of kyle rittenhouse, with the people who were with him the night he shot three men, killing two. nicholas smith telling jurors he had a conversation with rittenhouse after the shootings. >> he repeats i just shot someone. over and over. and i believe that at some point he did say he had to shoot someone. >> what happens then? >> i tell him to walk outside and turn himself in. that was the safe bet for him. i told him to walk outside and he had said i had to, i had to shoot someone. >> reporter: joanne fiedler also testifying about seeing rittenhouse around the same time. >> he was pale, shaking, kind of stuttering, slurring his words, sweating. >> do you recall him saying anything? >> i sat down, remember him pulling his hair back and pulling it back really hard and his comment was, my god, my life might be over. >> reporter: both smith and fiedler say they were guarding the car dealership where rittenhouse shot and killed joseph rosenbaum. fiedler saying rosenbaum was taunting the group, using vulgar language toward them. >> you were frozen at the verbiage and the threats coming out of him. the whole night was quite shocking. but we didn't really do anything. we just kind of stood there. you have to ignore that. >> reporter: before the defense called their first witness, the judge dismissing one minor charge against rittenhouse, saying prosecutors didn't provide enough evidence. >> the curfew violation is no longer part of the contest here. >> reporter: rittenhouse still faces five felony charges and a misdemeanor, including first degree intentional homicide, first degree reckless homicide, and attempted first degree intentional homicide. >> the state formally rests its case. >> reporter: prosecutors resting their case tuesday afternoon, finishing six days of testimony, working to convince jurors rittenhouse's actions were criminal. the prosecution playing this new drone video showing when rittenhouse shot and killed rosenbaum. jurors also getting a close look at the ar-15 style weapon he used in the deadly shootings. the milwaukee medical examiner taking the stand as the prosecution's final witness. >> mr. huber died from a gunshot wound to the chest. >> reporter: analyzing autopsy photos, too graphic to show of victim anthony huber and of rosenbaum. >> this gunshot wound is the one that would cause death as a result of the injuries to the lungs and the liver with the hemorrhage and the injury to the organs themselves. >> reporter: rittenhouse looked away as prosecutors played the images of the two deceased men. dr. douglas kelly says rosenbaum was shot four times, with a fatal bullet to the back. >> is it your opinion that the back to front shots to the head and then the kill shot to the back would have been while he was falling or perpendicular to the ground? >> the only way that the trajectories of the gunshot wounds to the right side of the head and the back makes sense is if he's more horizontal to the ground and that is occurring at the time that the last two gunshot wounds are heard on the video. >> reporter: the defense suggesting rosenbaum was moving toward rittenhouse. >> the head wound goes back to front, and from the top of the head down toward the forehead. >> that's right. >> okay. so if i was charging like a bull, and diving, that would be consistent? >> it would be. >> reporter: and so, brianna, as you said, the big question today, will we find out if kyle rittenhouse takes the stand? the defense attorneys not really tipping their hand here. i asked him several times, will he in fact testify, he's indicated in opening statements that the jury was going to hear from kyle rittenhouse in some form. we'll see if that happens today. >> all right, we'll be watching with you, shimon. thank you for that report. so imagine giving birth to a baby girl. and then learning that neither you nor your spouse are her biological parents. what that couple now plans to do about this heart breaking mix-up. and a new report, just released seconds ago showing just how much more americans are paying for just about everything. i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? yep. i'm the all-in-one management software built for small business. high thryv! help me with scheduling? sure thing. up top. high thryv! payments? high thryv! promotions? high thryv! email marketing? almost there, hold on. wait for it. high thryv! manage my customer list? can do. will do. high thryv! post on social media? hash-tag high thryv my friend! get a free demo at thryv.com. everything you've seen me do was made possible by what you don't see. cause when you're not looking, i go to work. ♪ strength isn't a given. it's grown. it's earned and tested. ♪ we all have the strength to see what's possible. it's up to us to unlock it. tonal. be your strongest. losing the birth of a child that you know for the genetic child for you don't even know yet, it is a truly impossible nightmare. >> instead of breast-feeding my own child, i breast-fed and bonded with a child i was later forced to give away. >> that is daphna and alexander cardinale, who learned that they were raising a stranger's baby for several months without knowing it, because the fertility clinic that they trusted implanted daphna with the wrong embryo. the cardinals later switched babies with the couple who had given birth to their biological baby about a week before daphna gave birth. here is the emotional moment when alexander met his biological daughter for the first time. and now the couple is suing the fertility clinic for this traumatic mistake. joining us now is the attorney for the parents, daphna and alexander cardinale, adam wolf. this -- this truly is an impossible situation. what has been the impact here on the cardinals? >> thanks for having me. this is unfathomable for the rest of us. daphna and alexander gave birth to a little girl, and months later find out that their child is not related to them. this had disastrous and will have life long consequences for them. it is traumatic. >> and so alexander said they had to play catch-up. can you tell me about that? >> sure. i mean, i'll tell you, i'm a dad. i was in the delivery room when my wife gave birth to our kids. i knew my child from the second that he or she came out, and bonded with that child immediately. daphna and alexander didn't have that opportunity. daphna didn't feel her baby kicking in utero, can'tdidn't breast-feed her baby at first. they met their baby at four months old on a picture over a text message. for the rest of us, that is completely unfathomable. >> what has it been like for the babies? what was it like for the babies transitioning to their biological, but to them new parents? >> you know, i don't know what it could be like for the 4-month-old doing that. but i'll tell you, for the 5-year-old that daphna and alexander had, this was traumatic. she bonded with her baby sister. that's the baby sister she knew. and at 4 months old, for that baby, she was taken away from their older daughter. their older daughter was an energetic, lively, loving 5-year-old girl. and as soon as this happened, she changed like that. all of a sudden she was mistrusting, she was angry, she didn't hug or kiss her parents. that is -- i guess an understandable reaction, but for a 5-year-old girl, it is just devastating. >> yeah, the severing of a bond. can you tell us about the legal action, the course of action here? >> sure. so we filed a lawsuit on monday against california center for reproductive health and dr. mor, the medical director, for this incredible misconduct. what apparently happened is that ccrh and dr. mor mixed up daphna and alexander's embryo with the embryo of another couple. they were probably both out at the same time in the lab, and the -- and the clinic was effectively playing three-card monty with other people's embryos. >> could this happen with other people's embryos then? >> we're incredibly concerned about that. every now and again you hear about something like this, and it typically comes out when the birth child is of a different race or doesn't look like the parents at all. but how many times does this happen? when it is not of a different race, when you don't immediately recognize it visibly? i am incredibly concerned, on top of the fact this clinic has a history of allegedly mixing up people's genetic material. it is just shocking. >> all right, adam, we will track this case. it is devastating, devastating for a couple and what is supposed to be this wonderful gift, and it is, but it also si isn't. we appreciate you talking to us about it. >> thank you for having me. should president biden take a page out of the bill clinton playbook? we'll speak to two democratic operatives making that argument? and breaking news, brand-new inflation numbers just out. they're big. really big. so what happens now? ♪ this holiday, let them shine like never before. ♪ ♪ ♪ this is how we shine. ♪ find the perfect gift at zales. the diamond store. retirement income is complicated. as your broker, i've solved it. that's great, carl. but we need something better. that's easily adjustable has no penalties or advisory fee. and we can monitor to see that we're on track. like schwab intelligent income. schwab! introducing schwab intelligent income. a simple, modern way to pay yourself from your portfolio. oh, that's cool... i mean, we don't have that. schwab. a modern approach to wealth management. we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. we do have breaking news. the government just released brand-new numbers on inflation from october. they're big. alison kosik joins us now live. tell me about the numbers. >> they're big, but not surprising. look, we knew that prices are high, we knew that prices are sticky, but this is a really big jump. we learned at the consumer level, the prices we're paying on a host of items jumped 6.2% from last year. just from last month jumping quite a bit as well. >> .9%. >>.9%. we're paying more for energy, to heat our homes, for housing, when we go to the grocery store, for beef, eggs, food, used cars, new cars, trucks as well. we're seeing these price increases stick and that is what the cpi figure -- the consumer price index, what we're paying at the consumer level. interestingly enough we heard from the fed just recently. listen, fed chair jay powell did acknowledge that inflation may be a little bit stickier than he thought. but he doesn't seem to be on a track to raise interest rates anytime sooner than he's already planned. this is concerning to some analysts who think, listen, fed chair powell, we need to kind of put the brakes on sooner than you may realize. it looks like powell and treasury secretary janet yellen are believing that it is transitory in this latest statement, he took out the word transitory from the latest statement. >> they had been saying transitory. i'm curious to see what they say going forward. 6.2% on an annualized rate, which is the highest level of annualized inflation -- >> since 1990. >> a long time. if we put that chart we had back up, look at the last three months, it was .5, .3, .4, not nearly this high. all of a sudden, jumps up again, so heading in the wrong direction. this will cause concern, i think, for federal regulators and also the economic team at the white house, we're waiting for reaction from them. alison kosik, thank you very much for that. >> you got it. so, not disconnected from this, democratic anxiety mounts, a new op-ed in "the new york times ," president biden should take a page out of 1990s bill clinton playbook. two former democratic authors write, after the 1994 congressional elections, bill clinton reoriented his administration to the center and saved his presidency. mr. biden should follow his lead, listen to centrist pushback on the left and reorient his policies to address the mounting economic issues people are facing. joining me now, the authors of that op-ed, andrew stein, former president of the new york city council and mark penn, former adviser to president bill clinton and hillary clinton. so, mark, what can president biden, what can joe biden learn from the 1990s? not that he wasn't there, but what can he learn from the clinton administration? >> well, i don't think he'll go back and promise a balanced budget as we did. that ship has sailed. but with today's numbers, you can see that he better give some quick attention here to the bread and butter issues. he can't put in policies that raise gas prices, raise food prices, he's going to have to back off those policies, understand and put them in the context of the situation and move more step by step brunging the public with him. >> i'm curious what you think that means specifically. because some people look back to the clinton administration and the focus turned to things like school uniforms, which people think are trite. but in terms of priorities, what to you think joe biden should focus on now? >> i think joe biden has to realize that joe manchin and sinema are not outliers. the bernie sanders and alexandria ocasio-cortez are outliers. the country is divided 40/40 hard core democrats and republicans, but the 20% in the middle are interested in table issues and gas prices and inflation and not toward critical race theory in their schools. they want good education. >> joe biden is not pushing critical race theory being taught in schools. >> he's not, but the election in virginias was nationalized. terry mcauliffe put it in and glenn youngkin really just focused on bread and butter issues. and i think that's what the democrats need to do. they can't push too much. >> let me list what they are pushing as part of this build back better jebd right now. paid maternity leave got 80% approval. boosting minimum wage got 60% approval. so a lot of of the things do seem to be broadly popular. and my polling shows that if you just ask, hey, would you like paid leave, of course, people say that. who wouldn't. i do think it's an incredibly important social policy. we pushed for it back then. but then i ask, do you think we can afford to pay for it now. then you're divided 50/50. then do you want to to all these things that is going to be higher taxes and deficit. 60% say no. ask that's the problem. if they had had taken out one of these things, let's go for paid team leave now, let's make it means tested. should it have a work requirement, should it have a public discussion, let's pass it and have an accomplishment for that. that's far different from the build back better process here that is focused on should we spend $3 trillion, $5 trillion, $6 trillion, that's what has really set the administration back here. because there are a lot of good things, but you have to take them step by step. >> i think, john, that right here in new york city, eric adams really is setting an example for democrats around the country. he just said the other day on crime, he's a conservative. he is a bread and butter guy. he's not being captured by the aocs and the progressives. and i think eric adams, who was just elected may your of new york, really sets an example for democrats. >> we have had him on quite a bit. he's a big fan of joe biden. just one point and then one question. the point is we're in a different time vis-a-vis the clinton administration. bill clinton got his shellacking in 1994. so there's still a year left that i think some progressives might ask we're going to lose any way. why not pass what we can now before we get beaten. but then it this might be an uncomfortable question. andrew stein, you endorsed president trump in 2016. mark, you advised him during impeachment some. so some democrats might ask -- >> no, i didn't advise him. >> some democrats piegt ask why should we listen to you guys a about where to take the democrat you can party? >> first of all, as i was saying, it's a free country, listen or not. obviously, i played a critical part in both restructuring the administration and worked closely with hillary. i was hopeful we would win in 2008 and i have had a 50-year experience across hundreds of campaigns. what i see here is, is you're right, bill clinton didn't find out he needed to retool until after the 1994 elections. joe biden knows it now. bill clinton couldn't save congress. it was too late, but he saved the presidency. joe biden, by acting quickly, could save the party, the congress and the presidency. but now is the time to act. now is the time to reorient. these inflation figures underscore the urgency of that. >> the inflation figures are something the white house is going to have to deal with not just in the next few days, but t next few minutes. thank you so much for being with us. so there's other breaking news this morning. a sweeping ruling from the federal judge against former president trump and in favor of the january 6th committee. you're looking at live pictures of the tomb of the unknown soldier where people are taking a once in a century opportunity. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. frequent heartburn? not anymore. the prilosec otc two-week challenge is helping people love what they love again. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com. emergency planning for kids. we can't predict when an emergency will happen. so that's why it's important to make a plan with your parents. here are a few tips to stay safe. know how to get in touch with your family. write down phone numbers for your parents, siblings and neighbors. pick a place to meet your family if you are not together and can't go home. remind your parents to pack an emergency supply kit. making a plan might feel like homework, but it will help you and your family stay safe during an emergency. time for the good stuff. you're looking at live pictures for a truly rare and historic event that we might not ever see again. this morning the public is allowed to lay flowers at one of the nation's most sacred places, the tomb of the unknown soldier. this week arlington national cemetery opened the site to visitors for the first time in almost 100 years as part of the tomb's centennial. tomorrow president biden plans to attend the veterans day laying ceremony at the tomb. cnn's coverage continues right now. good morning, i'm erica hill. >> and i'm jim shciutto. breaking overnight, a major blow to former president trump and his continuing push to keep documents relate d to january 6h out of the public eye, out of the hands of investigators. in a scathing rebuke, a federal judge rejected trump's assertion of executive privilege. the judge wrote, quote, presidents are not kings and the plaintiff is not president. trump has already notified the court of his intent to appeal, but an appeal alone will not stop the archives from beginning to hand over records to the house committee. that begins on friday. >> that appeal is not the former president's only plan. president trump indicated he asked for a judicial order to prevent the release of the records as long as he's making arguments in court. that process could potentially

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