propagating. we don't know what means for the number of people getting hospitalized. we're still not seeing those numbers go up significantly, those vaccinated people getting extremely sick. you know, they may be testing positive, they may get minor symptoms, and that's largely okay. it would be nice, though, to get everyone boosted if we could. so that we can avoid that of people taking time off work and kids missing school. >> speaking of everybody being boosted, let's go to colorado where the governor of colorado has now said it's okay for everyone six months out from their last shot, 18 and older to get a booster shot. that's ahead of the cdc guidance, ahead of the fda that has it for 65 and older in specific categories. is that a good thing? >> i complete support that. i really do. again, i think it's one thing to say we can avoid hospitalization, and severe illness. that's critically important. even vaccines six, eight, ten months out are still doing that, the disruptions in schools and the workplace, particularly in health care workers which luckily we can get boosters now everywhere, that is something we need to try to avoid. so i understand the need to get those vaccine doses out the door to other countries. i don't think that this will have an impact on that. i think there's a lot of supply chain issues there, and other regulatory issues that have to happen. yeah, i support getting as many people boosted as possible to try to get this under control a little better. >> we always appreciate having you on. thank you! thanks, doctor. >> thanks. >> top of a brand new hour. i'm victor blackwell. >> and i'm alisyn camerota. more defiance from donald trump's inner circle and possible charges from congress into the investigation into the capitol insurrection. president trump's former chief of staff mark meadows did not show up for his deposition today. the committee issued a subpoena for documents and testimony about the events of january 6th and what he knows, and the chairman told him, if you don't comply, you could face charges of contempt. meadows claims his communications with the president at the time are privileged. >> meadows is the second key witness to defy the committee's subpoenas. three weeks ago, the house did file a charge against former trump aide steve bannon, referred it over to the doj for that. we are still waiting to see if the attorney general merrick garland will prosecute. cnn's cara sk, explain that mor. >> this morning meadows was set to appear at 10:00 a.m. that's what the committee told him to do or risk possibly getting a criminal referral to the department of justice for contempt. meadows didn't show, and hi lawyer issued a statement saying that there was a sharp legal dispute between him and the committee. it was unclear whether the committee could compel meadows to testify. he was trump's former chief of staff around january 6th and if he did come in and answer questions, the big issue here is whether he could answer any questions about executive privilege. he's saying that is an issue that is for the courts, and that is where it is now, after yesterday a federal appeals court agreeing to a momentary delay to the national archives, releasing documents that trump wanted to block to the house committee. the appellate court now saying they will take this up on an expedited basis, they will receive briefings over the next two weeks, and hold oral arguments in november. then a decision could come as soon as early december, and the wild card, that decision, either way it goes is ultimately brought to the supreme court so there's the duel tension of some of the witnesses that are allies of trump relying on this question about executive privilege and the parallel issue proceeding in the courts, and as you said, the issue of whether the justice department will act on steve bannon, has not been resolved three weeks after that referral was made. >> thank you for the reporting. we are also getting some alarming new insights into what donald trump was thinking as the insurrection was unfolding, particularly about his vice president. >> new audio published by axios today, the former president is heard justifying those chants. now, this is from an interview in march with journalist jonathan carl. >> were you worried about him during that siege? were you worried about his safety? >> no, i thought he was well protected and i had heard that he was in good shape. no, because i had heard he was in very good shape. >> because you heard those chants, that was terrible. >> well, people were very angry. >> they were saying hang mike pence. >> it's common sense, john, it's common sense that you're supposed to protect -- how can you -- if you know a vote is fraudulent, right, how can you pass on a fraudulent vote to congress? >> joining us now, olivia troy, she was one of vice president pence's advisers and renato mariati a former federal prosecutor. listen, we become desensitized with the incremental developments as we learn more from the books and the interviews. the idea that the former president said it's common sense that they would want to lynch my vice president to push this lie. it's not surprising but still stunning. what do you think when you hear what we heard from the president? >> i thought that audio was horrifying to be honest. i thought it was also just incredibly disturb to go listen to that and think about the fact that that was once the leader of our country, that that was once the president of the united states, and that basically there was an attack on his own vice president being carried out and he didn't care, didn't anything of it, and he certainly didn't do anything to stop it, and i think it's just alarming to think about all the phone calls made to the white house that we have seen the reporting on, you know, the calls for the national guard to be sent, and i just think that i have to say that i have no words to describe the fact that it is so hard, especially as a national security person to watch this happening in our own country. this is stuff that you see in foreign countries, other places that are not democracies, and i just -- i worry about what this says about the future of our country when this person is still out there in the orbit potentially politically and potentially running in the future. >> olivia, you always try to get our attention about this stuff. and i hear your warnings, and i understand why you're so concerned, and i just have a follow up for you. because you worked with the vice president, you know that the select committee wants to interview people in vice president pence's inner circle about what they knew happened on january 6th. do you think this will make them more inclined to help the committee? >> i hope so. i don't know how you live through that day, and don't look back on that and think to yourself, i need to tell the truth about what happened here for the sake of the history of our country, for the sake of going forward for our country. there's a whole population out there that needs to hear it firsthand from people who were there that day on the republican side of the house and especially from mike pence's staff. they have the clear honest details about what they saw, what they witnessed, and how long they waited there as this whole thing played out, and i'm hopeful. like i have honestly the one person i have great hope for is greg jacobs, who i worked with extensively. i worked with that inner circle very closely obviously but i do know that he is a man of integrity, and i hope that that integrity will shine through at this moment where we really need it. >> renato explain the value of this recording, this, i guess, retelling from the former president to the select committee? >> yeah, i think it's going to potentially shine some light on the intent regarding why he didn't take actions when there was an attack on the capitol, any delay there, why he didn't give certain orders. in other words, it certainly could be the case the former president could say i wasn't aware, i didn't think it was a serious situation. here he's saying in the face of a reporter, telling him there was obviously not only an apparent attack on the capitol, also threats against his vice president. he was saying he thought that was justified, that could corroborate other evidence they have regarding his intent not to provide additional protection to pence or to make it easier for those insurrectionists who were attacking the capitol. >> olivia, we were talking earlier, victor and i, how stunning it is to hear vice president pence curry favor, i guess is the only way to explain it with donald trump, and say, you know, we have a good relationship now. >> we had a good conversation after the insurrection. >> why is he doing that? >> look, it's incredibly upsetting to watch him do that, to me as well. i wish that he would behave differently, and i wish that he would be out there just setting the record straight about what really went on, but i think the calculus is political, with what we're seeing with a lot of these leaders that are exchanging power, and that political dream in exchange for truth, and courage and integrity, and a moment for our country where we really need that right now from people that are leading our country, and so, you know, i think pence is looking forward to 2024. he knows he's got an up hill battle because he is seen as a traitor in what is a trump base of the republican party, and anyone who runs in that race will need that base likely to come forward, if trump doesn't run himself. if trump runs himself, it's over. >> renato, it's probably what, five hours now beyond the deadline for mark meadows to show and offer documents as part of this subpoena. three weeks correspond the criminal referral for steve bannon. is this period of deliberation at the doj, is this now in some ways impeding the rest of the investigation or is this time just annoying to some who want the attorney general to move forward quickly? >> regarding bannon, i just think that's just a pure annoyance, in other words, bannon, i think, handled this as poorly as he possibly could have done in order to put himself in a position to avoid prosecution. so that's, i think, the easiest case that the doj is going to have to prosecute, and i assume they're getting their ducks in a row. it's actually very difficult, criminal contempt is a very difficult charge to bring. there is a mine field there, but bannon, i think, made it easy for the doj. meadows, it's a different story. meadows is somebody who is, i think, you know, tried to set himself up to avoid testimony. his lawyer negotiated with the committee. they waited until trump filed the suit. now they're saying, well, we're caught between different competing interests, and we want the lawsuit to play out. they're basically trying to make it very difficult for the doj to prosecute him and introduce delay. i think the committee should be concerned that they may not be able to get that testimony, and complete their work before a new congress enters in in january of 2023. >> thank you. president biden is meeting with his cabinet right now on how to roll out the infrastructure money that he says will create millions of jobs and grow the economy. meanwhile, the great resignation continues. a record 4.4 million americans quit their jobs in september. this huge shift in the labor market keeps up a trend that began during the pandemic and on top of that, consumer sentiment has hit a ten-year low. cnn reporter matt egan is here. first can we just start with when people quit their jobs, where are we going to get income. >> the fact that so many people are quitting shows how much leverage workers have in this economy. there are more than 10 million job openings, businesses are desperate to hire. workers have the leverage, and they know it, that's why we have seen 4.4 million people quit in september. that is another record. august was a record too. the pandemic really just changed the way that people think about work, work/life balance. also a lot of people are just burned out right now. so people want more money, better benefits, more flexible work arrangements, and if they don't get it, a lot of them are just walking away. ultimately, this is a good thing. it's not great for anyone if people are stuck in jobs where they aren't making a living wage or they just hate it. but also this is going to take time to work out, and it's going to complicate things like inflation and the supply chain. we have more evidence of how this his toric inflation is impacting the psyche, fell to a ten-year low. lower than any point in covid, which is kind of crazy and a lot of this is about inflation. some of the stats that make that point, one in four people have seen their living standards drop because of inflation. half of all families are bracing for inflation adjusted income to fall. people are citing home, vehicle and durable inflation more than any point in a half century. one-year inflation expectations have climbed to the highest level since 2008 back when we saw oil prices hit record highs and the last point is really key. if consumers and business owners, they start to anticipate inflation, it's going to change their behavior, and the risk is that it becomes a self-fulfilling prophesy, and we don't want that. >> certainly not. some really good numbers over the last seven days, and really bad numbers as well. matt egan, thank you. we have some breaking news right now. stunning, actually. glenn devries, the businessman who flew to space last month with jeff bezos's company blue origin has died in a plane crash. >> what more do we know? >> just some devastating news here. alisyn, and victor, just imagine, you survive this very risky trip to space, less than a month ago, you come back to earth, and then you're killed in a small plane crash. that is what happened. that is the absolutely tragic story of what happened to 49-year-old glenn devries on thursday. he was on board a small four seater cessna when the plane crashed in a wooded area of hampton township in new jersey, 40 miles northwest of new york city. also on board, 54-year-old thomas fisher, the exact circumstances of why this plane went down and what happened are still being investigated by the faa. excuse me, by the ntsb. but as you can imagine, the tributes are now pouring in, in particular for glenn devries who was such a critical part of the team. he was part of the mission alongside the actor, william shatner, the original captain k kirk, and i had a chance to chat with glenn the night before the launch, and he was just so excited to be getting to fulfill his lifelong dream to go into space. he was a private pilot. he had this lifelong love of aviation. he had dreamed about becoming an astronaut since he was a kid. never thought that it would actually happen to him. he went on to become a tech entrepreneur. he was now the vice chairman of life sciences and health care at desalt systems, and then this happens. so let me just share with you the statement from blue origin, the company that was responsible for fulfilling glenn's dream. they put out a statement that reads we are defr svastated to of the sudden passing of glen devries, his passion for aviation, charitable work, and dedication to his craft will long be revered and admired. alisyn and victor, i only had a few minutes to chat with glenn but hi passion for all of that certainly came through, and you know, afterwards, i kind of had to ask him, u hate to ask this but everybody wants to know how much did you pay for your seat on board that new shepard spacecraft, and he was polite and modest, and all he would tell me, whatever he paid, it was worth it, and our thoughts and prayers go out to him, his company and the entire blue origin team today. >> absolutely. so tragic, after this life changing journey that something like this happens in a small, small plane. kristen fisher in washington for us, thank you. closing arguments are set for monday in the kyle rittenhouse trial. a lot of negotiations about jury instructions and lesser charges, also this intense focus on the judge. we'll have some insight into that judge from a wisconsin lawyer. that's ahead. and britney spears may soon be free. a judge in california will rule on her request to end her controversial conservatorship today. ntalwas not good. i had periodontal disease, and i justst didn't feel well. but then i found clearchoice. 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woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ the judge in the kyle rittenhouse trial says he will decide tomorrow whether the jury will consider any lesser charges. the teenager has been on trial for homicide after shooting and killing two people and wounding a third last year during racial justice protests. >> judge bruce schroeder has attracted a lot of scrutiny. he regularly chastised the prosecutor, and now he's receiving backlash for this comment he made yesterday just as court was breaking for lunch. >> let's hope for 1:00. i don't know, i hope the asian food isn't coming -- isn't on one of those boats in long beach harbor. >> let's discuss this with cnn legal analyst, joey jackson and dan adams, a former prosecutor in wisconsin who is now a defense attorney. gentlemen welcome, dan, let me start with you. this judge has a history of these unusual antics, and really sentences, ordered hiv, aids tests for sex workers, sentenced a shoplifter to tell store managers she was on supervision when she walked into a retail shop. you are there in milwaukee, is what we have watched over the last couple of days typical or even from your perspective, this is beyond? >> well, i think what we're seeing from bruce schroeder is a particular judge's particularities. every judge has their idiosyncrasies, and fortunately or unfortunately, we are seeing judge schroeder's in the bright ly lights of the media in this national trial. i don't think he's being unfair to one side or the other in this particular case. i think he's protecting the rights of the accused which ultimately is one of his jobs as the judge overseeing this case. >> joey, not unfair to one side or the other, what do you think? >> listen, at the end of the day, a judge, remember this, victor, is like a referee. think about a sporting event where you have someone who's calling balls and strikes, blowing the whistle and ensuring the fairness of the proceedings, and so when you look at it from that perspective, the judge really lost it as it related to one of the lawyers, the prosecutor infringing upon the rights of really someone who has a right to remain silent. so the judge really lost it when it came to that. and i should say that there's a lot of observers who are looking saying, wow, what's happening in the courtroom, oh, my goodness, look at the judge. this happens every day in courts in america. i have been chastised before. i'll freely admit, right, that i have been. i have been in courtrooms where my adversary is chastised. when you run afoul of really the rules of engagement, a judge will let you know and they will let you know quickly, and i think that's what this particular judge does. now, with respect to the offhand comments about things stuck in harbors, et cetera, that's another matter, but with respect, victor to keeping the lawyers in order, judges, new york or any other jurisdiction are going to do just that. >> joey, let me stay with you on this other moment that happened yesterday in which there were applause, i remember looking over at a monitor and thinking they're applauding. i didn't have audio. i did not know why. let's play it, and then we'll talk about it. >> i wanted to just observe that it's veterans day, and any veterans in the room on the jury or anywhere else? that's unusual not to have at least somebody in here. dr. black, what branch? >> army, sir. >> and i think we can give a round of applause to the people who served. >> now, he's a veteran. it was veterans day, but if you're the prosecutor, how do you feel about the judge asking people to applaud for a defense witness? >> yeah, you know, what i took that as is just it's veterans day, and as a result of it being veterans day, you know, that we should acknowledge, and take a moment to acknowledge all of the veterans, which i think is perfectly appropriate. now to the extent that you would be doing that with any witness if the jury is present, you know, becomes problematic because it would otherwise be bolstering, so if those facts are, the jury is present, and it happens to be a witness, that is a veteran who is testifying in the case, but just to recognize the contributions of the men and women who served this country is quite another matter. >> dan, let's go now to closing arguments, start on monday, each side will have two and a half hours. let's examine here what the mission and the challenges are. dan, for the state, what you see their challenges are as they try to close this out. >> this is a really interesting case in so far as a lot of the facts are known. in fact, i would say 99% of the facts are known. because all of this stuff was on video, facebook messenger live, everybody live streaming. the drone, the fbi plane. in terms of finding the facts, there's very few facts to find. the jury is really going to be deciding whether or not kyle rittenhouse acted reasonably in his use of force. it's something that only a jury can find, and they're putting these facts to their collective wisdom, and it's up to both parties, tom binger for the prosecution, and mark richards for the defense to show their side, and frankly, we really don't know what's going to happen until the 12 people get together, and put those facts to those jury instructions and come out with a conclusion. >> going into closing arguments, joey, do you see one side having an advantages after their handling of the witnesses, specifically kyle rittenhouse? >> i mean, i do. i think, listen, i think on the one portion of it, you can make the argument that rittenhouse shouldn't have been there in the first sense, who did he think he was, he was too young. he thought he was an emt, he thought he was a cop. that's not issue. if you can frame the issue he shouldn't have been there in the first place, then it's a winning argument. they're not there to decide that. they're there to decide whether or not the force was appropriate. the defense has been effective at demonstrating just that with regard to putting him on the stand and humanizing him, with respect to allowing him to explain in his own words why he had to use force relative to the three people coming at him. why he felt he was in immediate fear of death or serious bodily injury, and to the sense of reasonability is going to be important, and the defense highlighted that he ran to the precinct at some point thereafter in close proximity to when this occurred. when we look at consciousness of guilt, saying i'm guilty, you run away from the police. jurors do what they do, there's a lot to evaluate. both sides made effective points. on the issue of wihittling away i think the defense has whittled away and made the case that this could be self-defense. >> joey jackson, sam adams, thank you. >> thank you, victor. now to this, britney spears may be finally freed today. a judge will rule whether to end that controversial conservatorship. we are live in los angeles next. 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? 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>> reporter: yes, hey there alisyn and victor. britney is expected to attend today's court hearing virtually by phone like she has at past hearings. today could be the most important day of britney spears' life. britney spears '13-year conservatorship may finally come to an end. ♪ hit me baby one more time ♪ >> reporter: today a los angeles county superior court judge is expected to rule on the singer's request to end the court ordered arrangement once and for all. the hearing comes just weeks after the singer's father, jamie spears was suspended as the conservator of her $60 million estate, a role he has held since 2008. the singer's attorney called the suspension a proud moment for britney. >> it's been a lot of hard work. it's been intense. i'm proud. britney's proud. >> reporter: this last year has been filled with court hearings, with the battle for britney's freedom reaching a tipping point in july when the singer publicly pleaded with the judge for her k conservatorship to end. she made bomb shell claims. >> she said she has been given lithium against her will. >> she said she's not allowed to remove her iud contraceptive from her own body even though she wants to have another child. >> and she said she wanted to charge her father with conservatorship abuse. her father has repeatedly denied wrong doing and a lawyer for jamie spears said in a statement he quote loves his daughter unwaveringly. but even if spears' request and the conservatorship is granted, the battle between her and her father is far from over. the grammy award winner's attorney sating in a 110-page petition last month that he plans to depose her father over potentially mishandling her finances as well as seeking discovery related to a "new york times" report that he allegedly placed recording devices in his daughter's bedroom without her consent. cnn has not been able to independently verify those claims. an attorney for jamie spears has denied the allegations. but on one front, jamie spears appears to be changing his tune. just last week he filed a report stating that he is no longer seeking the $2 million payout from his daughter to cover his legal and management fees, stating that quote he sees no reason why the conservatorship should continue and that quote jamie does not make this request subject to a demand for releases or compensation. it is unconditional. the singer is expected to attend today's hearing virtually and spoke out about the importance of this court decision in a since deleted instagram post on monday writing quote this week is going to be very interesting for me. i haven't prayed for something more in my life. the hearing starts in about an hour. hundreds of britney's fans have mobilized with a rally and performances, speeches and tears, they are waiting for that moment that britney gets her freedom back. >> chloe, come back to us as soon as anything breaks. thank you. now to this story, an american gold medalist attacked, gymnast suni lee said she and her friends were targeted using racial slurs and pepper sprayed. that's next. heartiness? 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[music: sung by craig robinson] ♪ i'm a ganiac, ganiac, check my drawers ♪ [sfx: sniffs] ♪ and my clothes smell so much fresher than before ♪ try gain flings and you'll be a gainiac too! the only detergent with oxiboost and febreze. just into cnn, wisconsin governor tony ebers announcing he will be putting national guard on stand by in kenosha to prepare for a verdict in the rittenhouse homicide trial next week. closing arguments begin monday skp. and now to this just a few months after american gymnast suni lee brought home an olympic gold medal, she says she was targeted in a racist attack. >> lee told pop sugar she was pepper sprayed while in los angeles for her appearance on dancing with the stars. you'll recall that attacks against asian americans rose dramatically during the pandemic. here to discuss is pop sugar associate editor of trending and viral features. thanks for being with us. this is terrible. explain what happened here. >> yeah, hi, thank you for having me. i'm excited to be here. i think, you know, as i mentioned in the interview, i'd spoke to suni about a month ago on october 5th and she had told me that about a week prior, she found herself facing a racist attack while she was waiting for an uber after a night out with her girlfriends who were all of asian descent. they were startled by this group speeding by, and they were yelling awful racist slurs, and insisting them to go back to where they came from, and one passenger, suni told me sprayed her arm with pepper spray as the car sped off. awful, terrible story sdp, and talked about how it happened so fast, and there was nothing she could do to control or do anything about the situation, so that's kind of what happened, and you know, she opened up to us about it, and i'm really grateful that she spoke up and i think inspired so many asian americans who resonated with that. >> and what she told you for the article was i was so mad but there was nothing i could do. i didn't do anything to them, and having the reputation, it's so hard because i didn't want to do anything that could get me into trouble. i just let it happen, and so we can all imagine how helpless you feel after something like that. do you know if they went to the police or tried to alert the authorities? >> yeah, i mean, what i can confirm is just what's in the story. i think that it just happened really quickly, and she didn't do or say anything in the moment. she called her coach after. that's all -- i can't really speak for what went on in that moment. that's all i can confirm. >> now, this happened in october. was she reluctant to tell this story? >> i wouldn't say she was reluctant. she's very composed, mature for her age, and, you know, i had brought up the recent rise in a anti-asian hate crimes and everything that had been going on in the world in the past year and a half, and she had told me that this incident happened to her a week prior, and she was still kind of shaken by it, but i think, you know, i think she recognizes as she told me in the interview that, you know, speaking up is really important, and is empowering for other people to hear. >> one of the incredible things, people drive by in a car, they yell racist garbage, they pepper spray you, and you don't know you're doing that to an olympic gold medalist, someone that has represented the united states in such a proud way internationally. sometimes these things stick with us. have you spoken to her again after she told you this incident? >> no, we haven't reached out to her about additional reporting. i agree, i think that, you know, it really demonstrates that no one is immune to these kinds of attacks, you know, regardless of fame or accomplishments. >> yeah. yeran kim, thank you so much for being with us, and sharing the reporting. thank you for your time. >> thanks for having me. more than two months after the u.s. pulled out of afghanistan, secretary of state tony blinken says all u.s. citizens in afghanistan who currently want to leave have had an opportunity to do so. and on sunday night, tune in for an all new episode of "this is life" with lisa ling. for thousands of lgbtq people in the 1950s, the lavender scare was a government initiative that cost jobs and ruined lives. lisa ling speaks to those who lived through it, and those fighting to make sure it doesn't happen again. this airs this sunday, 10:00 p.m., right here on cnn. ♪ 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. ♪ this is the new world of work. each day looks different than the last. but, whatever work becomes, the world works with servicenow. to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. 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. [ ferry horn honks ] i mean just cause you look like someone else doesn't mean you eat off the floor, [ chuckles ] or yell at the vacuum, or need flea medication. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ this is cnn breaking news. >> we have very big breaking news right now, and that is that steve bannon, close donald trump ally, has just been indicted, we're told, by a federal grand jury. as you know, the department of justice and the attorney general merrick garland had taken three weeks debating what to do about the contempt charge for steve bannon because he defied a subpoena from the committee that's justice gating january 6th. we're just getting this news that he has now been indicted. our jessica schneider is standing by. what have you learned? >> alisyn, we were actually inside the courtroom. i was with two of our producers and reporters, hannah and zach, when the two assistant u.s. attorneys for the district of columbia presented this grand jury indictment to the magistrate judge merryweather here and that judge took in the indictment and also said that she would be signing an arrest warrant. what happened inside the courtroom was steve bannon was referred to just with his initials. this was referred to as an indictment against s.b., because of grand jury secrecy rules, they cannot say his name in open court but we have, in fact, learned this indictment is against steve bannon. our producea hannah rabinowitz has been coming to the courthouse for weeks since they referred the criminal contempt charge to the justice department and has noticed the grand jury has been meeting periodically. and today we saw an fbi agent around the area of the grand jury courtroom. saw the fbi agent go into the courtroom where presumably the grand jur y heard from that fbi agent. shortly less than an hour we saw the assistant u.s. attorney molly gaston and other prosecutors walk out of the grand jury room and two courtrooms down to the magistrate judge's courtroom. that's when they presented this grand jury indictment. the foreperson was also in the courtroom and then it was presented to the magistrate judge here. what happens next? we know the arrest warrant has, in fact, or will be soon signed by the magistrate judge. that indicates that perhaps steve bannon will be soon arrested on this indictment. we have not yet learned the specifics of the indictment. we know it was referred from the house of representatives for criminal contempt. we presume this may be what the indictment is for, criminal contempt, but we are still waiting for that. but again, we saw this all unfold in just the last few hours. we understand the grand jury has been meeting for at least a few days, but today was the final day when they handed down this indictment against steve bannon. it was presented to the magistrate judge. the judge got the indictment. has or will sign an arrest warrant for steve bannon. of course, this is something that has kept washington, d.c., abuzz for several weeks here. many people wondering what was taking the justice department so long. we saw the attorney general asked about it when he was before congress, when he was in press conferences. the only thing he would say all along here is that prosecutors would follow the facts and the law to make their decision. this, obviously, a politically charged decision. something the attorney general has tried to stay away from, politically charged matters but had no choice here and turns out this did end up going to a grand jury and dood returning that indictment for steve bannon. we'll see what happens from here, if steve bannon is arrested. we know the arrest warrant will be or has been signed by this judge. but big, big news here in washington, something that people have been waiting for, anticipating and wondering, and, really, this might clear the way. this might send the signal to other trump officials, trump allies who have been defying these subpoenas. we saw just this week mark meadows. we'll see what the committee does now that this indictment, alisyn and victor, has, in fact, been handed down, along with an arrest warrant, guys? >> major development. jessica schneider laying everything out. of course, there had been these other witnesses wondering what would happen with and anything to steve bannon for not showing up. let's go now to evan perez at the justice department. evan, you've been following the last three weeks. what's been going on behind the scenes as we've gotten now to this moment. explain. >> yeah, victor, look. i think to get to this point the justice department had to get around a number of issues internally. and that includes decades of legal guidance that has come from this department, which says that essentially people who were the president's advisers and that includes, by the way, people who are outside of the government like steve bannon. steve bannon has -- wasn't at the time of january 6th was not serving in the white house, but, according to him and according to the former president, he was essentially acting as an adviser to former president trump. for decades the justice department has held that those people do not have to provide testimony to congress unless they are given a waiver of executive privilege. of course, the former president has been claiming that he still has that ability. so the justice department had to go through, guys, for the last three weeks, they've been going through trying to come up with a legal justification, a legal reasoning of why and how to do this. again for decades, this department has held that, you know, you don't even have to show up, actually, to congress because you are a close adviser, a quote/unquote close adviser to a president. so we know that some of this is still in legal dispute. we know that the appeals supreme court about to hear from the former president and the house committee about this idea that former president trump claims he still has executive privilege, even though president biden, who is the current office holder has said that he is waiving that privilege. thorny legal questions that are still at work here to be worked out, guys. >> stand by if you would, evan. we want to go back to jessica. you now have news about what he's charged with. what have you learned? >> right. so the justice department is actually just issued a news release confirming that steve bannon was just indicted by federal grand jury on two counts of contempt of congress stemming from his failure to comply with that subpoena from the house select committee. i'll read from this statement. it says bannon, 67 years old, charged with one contempt count involving his refusal to appear for a deposition and another involving his refusal to provide documents despite the subpoena from the house select committee. an arraignment date has not been set here at district court and merrick garland issued a statement as part of this release from the department of justice. he says since my favorite day in office, i have promised justice department employees that together we would show the american people by word and deed that the department adheres to the rule of law, follows the facts and the law and pursues equal justice under the law. alisyn and victor, that's exactly what we've been hearing from the attorney general all along. today the department now has this indictment on two counts against steve bannon. >> jessica schneider, thank you for the reporting. let's go to elie honig. your reaction to the breaking news. these two counts of contempt of congress in this indictment against steve bannon? >> victor, this is a huge deal. this is enormously significant. start with the fact the justice department has not charged anyone with criminal contempt of congress in 38 years, since 1983. second, you to go to the fact that this is going to be so significant for congress' oversight power, for the authority and the power of the january 6th committee to meaningfully enforce its subpoenas. if merrick garland decided not to charge steve bannon, it would have just been game on for anybody who wanted to defy the subpoenas. now the message sent here is, if you defy the subpoenas, there will be consequences. you can be charged with a crime and doj has backed that up right now. >> a couple more things. i'm holding the indictment in my hand of these two counts of contempt of congress and it just spells out what their rationale was for charging him. on october 7th, 2021, by 10:00 a.m., the deadline, bannon did not appear before the select committee. did not produce documents. and communications. did not provide a log of withheld records. did not request an extension of time and did not certify that he had conducted a diligent search for those records. instead, that evening, at 5:05, seven hours after bannon defaulted on the deadline, bannon transmitted a letter and it basically says that president trump had told him -- had told him not to do that. so there it is in a nutshell, exactly what the attorney general and -- well, i guess the court, the federal grand jury believes is worthy of charges. >> yeah, alisyn. what they are doing is that's the definition of defiance. of what it means to defy a subpoena. they're framing the issue around this issue of executive privilege. i think they are prepared to go into court. they understand they'll have to show this is not a legitimate invocation of executive privilege and when you look at the law, i believe it's very likely doj succeeds on that argument. i don't think there's any legitimate argument here that steve bannon or donald trump has that this is a case where executive privilege should apply. but that's going to become a battleground in the criminal case against steve bannon as well. >> elie, the few seconds we have left. a game changer for these other subpoenaed witnesses? >> i guarantee you, mark meadows has taken notice of this. stephen miller, michael flynn, kayleigh mcenany, all the other people subpoenaed who are trump loyalists, they are watching. >> the breaking news, steve bannon has been indicted on two counts of contempt of congress. elie honig, thank you. this is cnn breaking news. >> welcome to "the lead." i'm jake tapper. we start with the breaking news. steve bannon has been indicted by a grand jury. an arrest warrant we're told hill soon be signed by a judge. coming after bannon refused a subpoena from the house select committee investigating the january 6th insurrection. let's get straight to cnn's jessica schneider on the scene outside the courthouse. what specifically has steve bannon been charged with? >> jake, we now know that steve bannon has been charged with two