the kyle rittenhouse case. and britney spears finally has her freedom. a judge just term nailed the conservatorship she's lived until for 13 years. stand by for the details on this life-changing moment for the pop star. we want to welcome our viewers in the united states and around the world. i'm wolf blitzer. you're in "the situation room." >> announcer: this is cnn breaking news. let's getting right to the breaking news, what it means for the january 6th investigation. paula reed is joining us. this is a major, major win for the january 6th commit aye. >> this is a critical development for the committee. up to this point they have not secured meaningful cooperation from any of the trump associates they subpoenaed. i'm told several of the witnesses who have been stonewalling have been watching to see if there was any consequences for bannon's indictment. without this indictment, the investigation would have been essentially been crippled. each of the two counts carries a minimum of 30 days in jail and maximum of one year. merrick garland has received some criticism on the delay, and he released a statement -- since the first day in office, i promised we would show the american people by word and deed that the department adhere to the rule of law, follows the facts and the law, and pursues equal justice under the law. our intrepid colleague spotted federal prosecutors from d.c. entering the grand jury room today, and helped us break this story. this indictment sends a clear message to other winces who have been stonewalling the committee, that if they do not cooperate, they should be prepared for potential criminal charges. sources saying steve bannon is expected to self-surruender on monday. andrew mckcabe joins us. also joining us, elliott hoenig, the ar thor of "hatchetman." guys, thank you very much for joining us. major breaking news. an andrew, just how significant is this endime. indictment. >> it's important to remember we are not much closer to ever hearing anything from steve bannon. this would be a long process, and my guess is he will fight it every step of the way. at the end, he can always serve jail time and never speak to the committee. the most significant here is to the other witnesses who are recipients of subpoenas. many of them will not make the same choice. they're not similarly positioned to steve bannon, and an indictment will not help them publicly, so folks may start thinking twice about cooperating. >> i spect they will. >> elie, bennie thompson and the vie chair released a statement -- it should sense a clear message to anyone who thinking they can ignore the select committee, no one is above the law. we will not hesitate to used tools at our disposal to get the information we need. what does that tell you? >> wolf, this is the most powerful single tool in our law. this operates on one level, a warning shot to all the other witnesses thinking about defying. it makes the choice quite stark, either testify or risk indictment. but even bigger picture than that, this is about separation of powers and the balance of powers between congress and the executive branch. i think that's what you're seeing. this is congress standing its ground, using the tools available to it under the law and the constitution to perform its key investigative and oversight functions. >> you know, andrew, the former trump chief of staff mark meadows defied a subpoena this morning, adding his name to the list. is it realistic to think the u.s. justice department will hold dozens of trump allies potential in contempt of congress? >> you know, i think, wolf, bannon represents the extreme end of that spectrum. his was the easiest case to refer with a criminal referral, because he has the weakest claim of actual presidential executive privilege. mark meadows is probably the opposite end of that spectrum. he was the president's chief of staff, so if anybody has got a decent argument to make that their communications with the president are privileged, it's probably mark meadows. nevertheless, i expect the committee will come after him as hard as they possibly can. you know, fighting a criminal charge is on brand for steve bannon. that's his thing. that's the way he tries to position himself in the media, as a fighter. not so much mark meadows. he's probably thinking an indictment is not going to look good for me, so that will change his calculus. >> elie, steve bannon is expected to turn himself in on monday. what happens next? walk us through it. >> so he'll be arraigned on monday, formally advised of the charges. the judge will make sure he has a lawyer to represent him, and the court will consider the question of bail. in some cases defendants get penned up pending trial. i think that virtually is not going to happen to him. he'll be arraigned on monday, and then will go into motion. steve bannon will argue to throw the case out that he has a legitimate indication of executive privilege. i don't think he will succeed on that, as andy laid out, and then we'll have a trial eventually, united states of america versus steven bannon. if he gets convicted, he goes to jail for at least one month, possibly as much as a year. >> you know, paula, in a new audio recording released by jonathan karl, the former isn't appears to defend the insurrection. >> were you worried? >> no, i thought he was well protected and i heard he was in good shape. >> that was terrible. >> he could have -- the people are very angry. >> saying hang mike pence? >> it's common sense, john, it's common sense that you are supposed to protect -- if you know a vote is fraud lent, how do you pass on a fraudulent vote to congress? >> the january 6th select committee, paula, will likely be very, very interested in those remarks, rate . >> absolutely. we know they're looking closelity pressure that the vice president was facing to undermine the election results. we also know from cnn reporting that the committee is interested in talking with members of pence's inner circle, at least five people they've been starting. we also learned that more of pence's associates are more willing to cooperate than originally known. >> i suspect, andrew, this new audio just released will further underscore the need for a thorough investigation, and for holding people like bannon, for example, accountable. >> wolf, time and time against, you've seen exactly like. people like steve bannon, whose own statements currently stand as the most powerful accusation against him. steve bannon, recording on his own podcast before the insurrection, saying all hell will break loose tomorrow, you don't know what's going to happen. so now you're seeing the same thing with the former president. how can you possibly countenance any sort of excuse to a threat off life of the vice president of the united states. that's exactly what you just heard the former president say. >> elie, no doubt that these other former trump associates who have been subpoenaed, they're going to really be worried about not only facing potential charges, but enormous legal expenses at the same time, right? >> it's definitely not cheap to defend yourself in any criminal case, especially a federal case. this is a warning shot to meadows, is a vino, on down the line. don't go very far. even this note that he's in legal jeopardy, the former president donald trump did just score legal wins, a form ever "appr "apprentice" participant decided to drop her allegations. that means trump avoids sitting for a deposition under oath. and at the same time, a new york city june granted trump's motion to dismiss a 2019 lawsuit filed by his former personal attorney michael cohen, seeking reimbursement for legal fees from the trump organization. coming up we're getting white house reaction to steve bannon's indictment. also, official in kenosha, wisconsin, they are bracing for a verdict in the kyle rittenhouse trial. 500 national guard troops from wisconsin are now on standby. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ this... is the planning effect. this is how it feels to have a dedicated fidelity advisor looking at your full financial picture. this is what it's like to have a comprehensive wealth plan with tax-smart investing strategies designed to help you keep more of what you earn. and set aside more for things like healthcare, or whatever comes down the road. this is "the planning effect" from fidelity. imagine having someone else do your books for you. as your quickbooks live bookkeeper, i'll categorize expenses, reconcile accounts, and close your books. cool. - yep. know where your business stands. intuit quickbooks live bookkeeping. kevin! kevin? kevin. oh nice. kevin, where are you? kevin?!?!? hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin. it's a holiday tradition! that it is! earn big time with chase freedom unlimited. how do you cashback? chase. make more of what's yours. are you a christian author with a book that you're ready to share with the world? get published now, call for your free publisher kit today! as the kyle rittenhouse trial moves closer to a verdict, officials in wisconsin are bracing for the outcome. brian todd is working the story for us. i understand the governor is putting the national guard on potentiality duty. >> that's right. about 500 soldiers from the national guard are on standby, ready to deploy to kenosha, but only if they're requested from the local law enforcement. >> there were -- >> reporter: a dramatic trial near is its final stages, a trial marked by intense emotional testimony from the accused. >> there were people right there. >> reporter: a trial where the judge commands seemingly as much attention as the defendant, admonishing lawyers, like he did today during debate on jury instructions. >> you're asking me to give an instruction, i said to see the best picture. >> reporter: they're slated for closing arguments and jury instructions. >> there was an have allowing prosecutors to argue that he provoked one of the -- and for lesser charges, in addition to the six original counts, some of them more serious rittenhouse already faces. the judge explaining to rittenhouse what that could mean. >> having a lesser-included offense included your raising the risk of conviction, and you're also decreasing the risk you'll end up with a second trial, because the jury is unable to agree. >> reporter: rittenhouse said he understood the ramification and agreed to the inclusion. the judge said he will likely allow some lesser charges, but not allow others. kyle rittenhouse has pleaded not guilty to six charges. for shooting three people during protestic in kenosha, wisconsin, last year following the police sheeting of jacob blake. two of those three people were killed. one was wounded. judge schroeder's behavior has loomed large over the trial schroeder has been accused of favors the defense. he's harshly admonished prosecutors multiple times. >> don't get brazen with me. you know an attorney cannot go into these area when a judge has already ruled, without asking outside the presence of the jury, to do so, so don't give me that. >> he seems to be a narcissist, engages in these really outlandish outbursts, and a lot of attention has been focused on him, his demeanor and conduct when, in a trial of this nature, this is a serious murder trial. we shouldn't be talking after the fact about the judge. >> reporter: rittenhouse's defense attorneys have filed a motion for mistrial with prejudice. the judge has taken that under advisement. our legal analyst believes it is unlikely a the the judge would declare a mistrial at this point. let's get some analysis. i want to bring in mark o'meara, and joey jackson. joey, what does it say about the prosecution's faith in their case that they have now asked for these lesser charges to be included? >> yeah, wolf, good to see with you. when you look at lesser included offenses, the standard is whether it's a reasonable view of the evidence that might support some charge other than the charges for which they're charged. generally it's not really a matter of confidence in the case, but whether the prosecutors believe they can sustain any type of conviction. generally what prosecutors do, they shoot a lot at you, and whatever sticks becomes problematic to you. i think the prosecutors have an uphill battle. it's one thing to argue whether rittenhouse should have been there in the first instance, whether he acted as law enforcement, but that's not the issue. the issue is whether he engaged in self-defense, and did so reasonably and thought his like was in immediate danger. >> yes, indeed. does it make sense from kyle rittenhouse's point of view that he agreed to these lesser charge form the judge explained it lowers the risk of a second trial, but increases the risk of a conviction, right? >> it is quite a risk for the defense to take. you can't just go forward on the cases as charged, but i also recommend to a defendant to at least give the jury the opportunity to give you something less than the major charges, so the concern is do you want to roll the dice to convince the jury you are guilty of nothing and walk out the door, or if you're going to get convicted of something, if the jury doesn't wasn't to let you go fully, which i think the jury will want to hold him responsible for something in this case, giving the lessers is an opportunity for the jury to hold them responsible, but at a much lower charge. >> good point. once this case is in the hands of the jury early next week, how difficult do you think the decision will be? >> it's always difficult, because there's a lot to balance. there's competing narratives in the courtroom. in this particular case, those narratives are very clear. from a prosecutor's perspective, he as an active shooter with no justification for being there, much less in the conduct he did. the defense is, check the surrounding circumstances and the context. you heard this repeatedly described by defense witnesses as a mob. it was a riot. people were milling about who were angry. it was a volatile situation. you add that to the defense's contention, which is their client was in immediate threat of serious bodily injury or harm, and that the to the notion he was protecting himself, and the defense is he acted reasonably. >> you know, the judge, mark, has become a focal point, and his willingness to inherit himself out of ordinary, do you agree? >> i agree he has, but i would suggest it's very inappropriate. the jury looks to the judge more than anyone else, sometimes more than the witnesses, to try to get a feel where things are. a judge can infect, if you will, the jury with his predisposition. it started with some of the pretrial motions, continued during the jury selection. some of the way he presented, once he suggested to this jury, as nonverballies it might be, that he favors the defense, they're going to follow that lead, so for them, he is the courtroom. he's the courtroom in persona. i think he objected himself much more than he should, and needs to be more careful to keep his thumb off the scales. >> mark, you remember when you famously defended george zimmerman, do you see similarities? >> i do. even though you don't like a 17-year-oldie an ak in his hands, when he was attacked, when that person came at him, lunged at him, hit him in the head with a skateboard, at that moment he's allowed to react in self-defenses. that's what you'll hear in the closing arguments. we're going live to the biden white house for a reaction to the breaking news that steve bannon's indictment today for defying the january 6th select committee. ld it like this. yeah. ♪ i love finding out things that other people don't want me to know. mm-hmm. 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[ sighs heavily ] when owning a small business gets real, progressive helps protect what you've built with affordable coverage. we're following breaking news on a new federal grand jury indictment against steve bannon. the trump ally is expected to turn himself in on monday, as he featses two charges of contempt of congress for defying a subpoena from the january 6th select committee. let's go to phil mattingly. the attorney general of the united states, merrick garland, sought this indictment. it's fair to say the biden white house has been waiting and watching for this very closely. what are you hearing? >> reporter: they have also taken pains to keep their distance from what the attorney general ends up deciding, or how he decides to move forward. no comment about the indictment. for the most part that's tracked with how they operated, with one exception. the president, when asked by kaitlan collins, if those who defy insubpoenas should be prosecuted? >> i hope think hold them accountable. >> reporter: should they be prosecuted? >> i do, yes. >> reporter: they pushed back after that, any decisions made will be done independent, and the real role the white house has had throughout the entire process has been through the counsel's office, and as it relates to the executive privilege. the president and his lawyers have made clear that they are waiving executive privilege as it pertains to the specific issues related to the attack on the capitol i it's not specific to steve bannon, but other white house officials, including former chief of staff mark meadows. the office was very clear given the fact they had no role in the white house at the time this transpired, the idea he would have any privilege claims were not even in existence. steve bannon in that book "pearl" he wanted to strangle the biden presidency in its crib. and now he has to face the justice department in the weeks ahead. let's discuss this with rho khanna. what message do you have this -- hope this sends? >> wolf, it sends a message that no american is above the rule of law, that the same rules apply to everyone. i don't know why steve bannon thinking he shouldn't have to answer questions for the united states congress or produce documents, when every other citizen would comply. >> the top republican in the house judiciary committee, we're talking jim jordan and just weighed in -- joy joy has eviscerated executive privilege. there's a lot of -- when we take back the house. ron klain, the white house chief of staff, jake sullivan the national security adviser to the president. what's your response? >> they probably don't understand executive privilege. second, executive privilege applying to sensitive communication and advice to the president. this is not that situation. this has nothing to do with national security. so i hope that none of the republicans abuse the executive privilege. this is about having a private citizen answer for their role on january 6th. >> so do you think mark meadows, former white house chief of staff has a stronger case? he was working directly at the white house at the time of the insurrection. he seemingly is defying this subpoena from the house select committee. >> he should know, of all people, to comply. he was on the oversight committee. he has asked for subpoenas before there's no reason he should be claiming executive privilege to talk about the events of january 6th. there's nothing about national security there, and it certainly doesn't cover anything that would be illegal. let me move on to another sensitive issue we are learning about. cnn, as you may know, has learned that you and other progressive democrats are working to try to de-escalate tension within your own party. how important is that, if you're going to have success much broader spending bill that's still out there on the table? >> wolf, it's very important. we have to come together as a party to deliver for the american people. the republicans talk about family values, the democrats actually value families. we'll have university preschool, child care, to do that we have to be a united democratic party. what is your message to those who are very vocal about their op position? senator martialing is critical in all of this. if the democrats are going to pass what you pass in the house, they need all 50. >> i would say engage him in debate, make your case why the budget shouldn't be cut. we all represent different constituencies, andly if we tear each other down, we tear the president down and not delivering for the people. >> do you think that president biden can eventually get manchin on board will eventually in one form or another, pass the senate? >> i do. i'm very confident. that. in my conversations with senator manchin, one thing is clear, he wants this president to succeed. he understands we have to pass something. i am confident we will get there and he understands also that this actually ease inflation by helping supply chains and increasing the productive capacity. i'm confident he'll get to a yes. >> we'll see. congressman ro khanna, thank for you joining us. there's fears of an up tick in cases of covid. stay with us. you're in of"the situation room" >> man: what's my safelite story? 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(vo) buy your car online. love it or return it. with carvana. tonight troubling new signs that covid cases here in the united states may be on the rise again, especially in colder, northern states, raising fears of a potential winter surge. let's discuss with cnn medical analyst dr. leena nguyen. there you see it. dr. wen, thank you for joining us. 1100 americans are still dying every day from covid. are you concerned we're headed for another wave here in the u.s.? >> i'm very worried. wolf. i wish this is not where we were. certain we're in a better place than we are in the middle, but we saw a peak and hoped we would have a -- and we seem to have over 70,000 news cases, over 1,000 deaths a day. we cannot plateau at this point, especially coming into the winter. we're already seeing in places in europe that they are going through a massive winter surge. >> wearing masks are still very, very important. cnn has learned on another important issue, that the fda is now considering bypassing its vaccines advisory committee and fully authorizing boosters for all americans -- adult americans, without hearing the form at input that usually goes into a decision like that. do you think that's a good idea? >> yes, i do. frankly, this was already foreshadowed at the last might. the fda asked the advisers, what do you think about increasing the eligibility, so the advisers already gave input into that. many have already been on record saying they're okay with this decision, and at this point, the u.s. should look at the data coming out of israel, uk, qatar, canada that's expanded eligibility to everyone over the age of 18. probably the pfizer and moderna he recommended to probably be three doses. especially before the potential winter surge and people gathering over the holidays. >> after nearly ten months in office, president biden is finally, finally moving to select a permanent fda commissioner. we expect the president to nominate dr. rob kaycaliff for t position? >> there's still so many decisions to be made, including boosters for younger children, treatment, testing, not to mention all the oversight, but i also had the opportunity to work with dr. califf when he was commissioner the first time. we worked together on issues related to opioids. he is a very safe and very good choice to lead the fda again. he mass a reputation of working across the aisles, so it is a good choice by the biden administration. i hope the senate will move to confirm him seen. >> dr. leana wen, as usual, thank you very much. the conservator ship that ruled britney spears' life for 13 years is now over. we'll go to los angeles for the details on the momentous ruling. stand by. coaching when he needs it. so ben is feeling pretty zen. that's the planning effect from fidelity your skin isn't just skin, it's a beautiful reflection of everything you've been through. that's why dove renews your skin's ceramides and strengthens it against dryness for softer, smoother skin you can lovingly embrace. renew the love for your skin with dove body wash. kevin! kevin? kevin. oh nice. kevin, where are you? kevin?!?!? hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin. it's a holiday tradition! that it is! earn big time with chase freedom unlimited. how do you cashback? chase. make more of what's yours. with our unique tub over tub installation in just a day, bath fitter doesn't just fit your bath, it fits your busy schedule. why have over two million people welcomed bath fitter into their homes? it just fits. bath fitter. call now or visit bathfitter.com to book your free consultation. tonight britney spears has won her long, long battle to be free of the conservatorship that controlled her life. a judge terminated the court-ordered arrangements just a little while ago. stephanie, you're just outside the courthouse over there. a huge day for britney spears. tell us about this ruling. >> reporter: this was widely expected to happen today. it is effective immediately. that means britney spears is in control once again of her person and of her financials. what we did learn is that in court, her lawyer saying she will have some safety nets put in place to protect her and her estate. it's estimated at about $60 million, so she didn't go into a free fall here, and a couple more court dates here. it's important to note there were no objections from her mother's lawyers, or from her father's lawyers. remember, this summer she was very clear she wanted her father removed as the co-conspirator of her establishment. she accused him of conservatorship abuse. he was removed as the co-conservator in september, but now it's completely gone. her lawyer saying the time has come to end the conservatorship. needless to say, britney spears is thrilled about this, going to instagram shortly after the ruling. good god, i love my fans so much. it's crazy. i think i'm going to cry the rest of the day. best day ever. praise the lord. can i get an amen? and #freedbritney. joey, after 13 years, what does the end of this mean for the pop star? >> it's very significant, wolf. you know, the law is structured in such a way that, in the event that you have a mental infirmity or if there is some other issue, you can have people who care about you step in, intervene, and take charge so that you can be okay. but i think there was a determination made that it's run its course. that perhaps, there were issues in the past for which her family should have, and could've been put in place to deal with issues she may have been having. but over the years, of course, she's developed, you know, and gotten better and everything else. and fought this. and it's really become so oppressive that now is the time -- and now is the time to end this. she's been very vocal about it. so she will have control. she will make her own personal and financial decisions. and she will be free to live in the manner in which she believes is most appropriate, not that anyone else believes is most appropriate. >> should we expect any further legal action, joey, from britney spears, relating to the conservatorship which she has described as abusive? >> you know, wolf, so that is an open question. there have been indications by her attorney that this is not the end of it. that they are going to do a full assessment, with respect to her father and his management or mismanagement, the money spent, and a complete review and accounting as to how he handled it, and what exactly he did. that, of course, in the spirit of litigation, there are fights. now, what she has to decide, because she is in control and she directs the lawyer, whether or not she wants to pursue that angle as to her father or she just wants to let this go. so that is going to be a decision she will make in consultation with her lawyers. i'm sure, now, she is just feeling you know what? it's good to be me. i have my life back and she can make decisions as to whether she wants to step back into a courtroom for more fights at another time. >> this case, certainly, joey, has brought a lot of attention to the whole issue of conservatorships, more broadly, hasn't it? >> i really think it has. i mean, the reality is is that, again, they are an instrumental good, generally speaking. it's good that we have a legal system. you know, that provides for these things and usually, it's people who are older. as people get older and potentially lose control of various faculties or become, you know, mentally incapacitated, you have a legal system that allows for people who care about them greatly to take care of them, personally, professionally, to ensure that their finances are in order. but when it becomes abusive, it's enough and the indication, wolf, in this case, is that it was abusive. it was beyond someone simply providing for care and control. it was really them controlling her. and i think she stepped forward. of the fans had a lot to do with it with the free-britney movement. and so, here we are. i think it is a big moment in her life as she continues to do great things professionally and personally. >> joey jackson helping us appreciate what's going on. thank you. just ahead, we are going to bring you a live report from the border between belarus and poland, where the humanitarian crisis over there is growing worse and worse. stand by. 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