about his role and others connected to trump leading up to the january 6th siege on the u.s. capitol. bannon's attorney stated bannon would not be cooperating with the investigation into what happened that day because trump directed him not to. we are following the developments from washington. steve bannon is supposed to turn himself in monday. then what? >> fred, that's right. a source tells cnn that steve bannon will surrender monday, appear in court that afternoon to face two charges of contempt of congress. department of justice announced charges yesterday. bannon charged with two counts, one for not appearing before congress and testifying, the other for not providing any documents. if bannon were convicted of charges, he faces a minimum of 30 days in prison and maximum of one year. department of justice has been under pressure to make a decision whether to charge bannon which they did yesterday because the house select committee investigating the january 6th riot on the capitol had initially subpoenaed bannon in september. he was a no show. didn't cooperate with them at all. they made this criminal referral to department of justice in late october resulting in charges. the attorney general, merrick garland, issued a statement announcing charges in which he said since my first day in office, i promised justice department employees together we would show the american people by word and deed that the department is here so the rule of law follows the facts and the law and pursues equal justice under the law. today's charges reflect the department's steadfast commitment to these principles. this is stark contrast to department of justice under bill barr, where there were many congressional investigations and subpoenas including relating to former president's discussions with ukraine about trying to stir up investigation into his rival at the time, the candidate joe biden that's now president. we are now seeing that there is a consequence to not complying with subpoenas. >> and bannon isn't the only one ignoring congressional committee requests. what message does this indictment now send to the others? >> fred, this is a game changer. we haven't seen any consequence to people not complying with congressional subpoenas. department of justice is saying you have to comply with a subpoena. here's an indictment of steve bannon for not doing so. there are many other individuals subpoenaed, a number of close allies to the former president and former vice president, mike pence. so it is something that i'm sure a lot of their attorneys will be paying attention to because there are consequences to not complying with subpoenas. it is quite significant, fred. >> kara scannell, thanks. let's talk about this, get reaction from the indictment. daniella diaz is with us. what are you hearing from lawmakers? do they feel this gives them the momentum, particularly those on the january 6th committee, momentum? >> that's right, fred. lawmakers specifically on the committee were quick to react to news yesterday that steve bannon was indicted saying this sends a very strong message to any other witnesses that refuse to comply with the committee's investigation on the january 6th insurrection. adding to what kara said, steve bannon is not the only one who was called as a witness to the committee and did not comply with the committee. actually yesterday, mark meadows, former chief of staff to former president trump was supposed to attend a deposition at 10:00 a.m. yesterday and turn over key documents, but he didn't show. and there were clues that might happen. as a result on thursday night benny thompson, chairman of the committee, went forward with starting the process to possibly refer him for criminal contempt, the same process that happened to steve bannon which led to him being indicted yesterday. now, they really believe to send a strong message to those that don't comply. i want to read some statements. they said steve bannon's indictment should send a clear message to anyone that thinks they can ignore the select committee or try to stonewall our investigation. no one is above the law. we will not hesitate to use the tools at our disposal to get the information we need. now, another democrat on the committee, jamie raskin, had strong words for donald trump's allies. he said all of the friends of donald trump should take note, justice system of the united states will not tolerate con tem shoe us violations of rule of law. strong words from members of the committee to any other witnesses or anyone subpoenaed that doesn't comply with the committee's investigation. they're trying to send the message if they don't comply, there will be consequences. fred? >> thank you so much for that. joining me, former nixon white house counsel john dean. good to see you. your reaction now to the fact that there is an indictment, that bannon is expected to appear monday. how does this perhaps impact the ongoing probe involving the january 6th committee? does it give them now some teeth as they continue forward? >> it certainly does. it means you can't ignore a subpoena. fred, the statute under which bannon was indicted has two parts. one is willful default, what bannon did, didn't show or make effort through his attorney. said i'm not coming. the statute has another part that says also you can be indicted if you failed to answer pertinent questions. so you just can't play with the committee, show up, and stonewall it. you have to have a legitimate privilege, otherwise you, too, can be held in contempt for refusal to comply with the committee. this sends a deep message into the ranks of the trump people that think they can brush it off and that's not going to happen. >> if he finally appears and says i am pleading the fifth to everything. >> that's okay. >> that's okay. ? >> you can. but if you go in and say listen, i'm just not talking about anything, not taking any privilege, i just don't want to talk, then you can be indicted for failure to respond to pertinent questions. you have to have legitimate privilege. >> all right. even though he's now facing this indict indictment. listen do what he said the day before the january 6th riot. >> all hell is going to break loose tomorrow. just understand this. all hell is going to break loose tomorrow. it's not going to happen like you think it's going to happen. it's going to be quite extraordinarily different. all i can say is strap in. the war room, a posse. you made this happen and tomorrow it is game day. so strap in. >> he's foreshadowing in a really big way. what could his defense possibly be now when asked about his culpability, the white house's culpability, the planning to know that the consequences are going to be as great as he just shared? >> fred, i think steve bannon is somebody who probably quietly last night celebrated his indictment. >> why? >> he's somebody, well, he wants to take on and destroy the administrative state or democracy. this is one of his campaigns. this is the sort of issue he can attract a lot of people to his podcast, he can play the victim. i think he'll be happy to take on a year in prison to draw more attention to this. that's how i suspect he'll play this, that he's proud of it. not unlike from watergate era, gordon liddy was the person that refused to testify under any circumstances. he, too, was indicted by several committees of congress for refusal to actually take the oath. he couldn't not appear because he was in prison and bureau of prisons delivered him, but he wouldn't take the oath. this kind of behavior some people want to draw attention to their thinking and philosophy. >> so when you compare and contrast your approach in the watergate investigation, and you were working in the white house at the time, and then you did testify to all that you knew against the sitting president, contrast that to steve bannon no longer working in the white house at the time of the insurrection or even the planning or whatever led up to it. then you think of mark meadows, now former chief of staff, chief of staff at the time. what do you think is going through the mind of a mark meadows versus what was going through your mind at the time and why you did what you did at the time of the watergate investigation. >> i thank john harlan, caught him after i appeared when i addressed this subject. harwood clearly remembers the tapes where i thought it was wrong what we were doing and that was recorded, that i actually sought out the prosecutors and the committee because it was just wrong and had to end. my whole mentality was different than meadows or bannon's, who seemed to think there was nothing wrong with what they were doing or indeed it was behavior they wanted to encourage. i was 180 degrees away. i thought these were things that should be known and stopped. >> at the same time, for mark meadows, former congressman, and for him to defy or show he has no respect for this committee as part of congress and this subpoena or expectation of testifying and that he is sending the message of not respecting congress, that's pretty extraordinary. >> i think that his lawyers will be back in touch with the committee if not over the weekend, certainly on monday morning, given different circumstances that now apply. i don't think he wants to encourage a criminal indictment. he has a law license. i think he has political ambition. i think he'll play this a little differently, and indeed, this could force some of these people to testify and end this charade that they're ignoring the investigation or pretending like what happened january 6th wasn't serious and not a really serious problem that has to be addressed. >> john dean, thank you so much. always enjoy your perspective. appreciate it. >> you bet. the homicide trial of kyle rittenhouse is in final stages. a critical decision from the judge on potential lesser charges is expected today. we'll explain that up next. ing 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. ok, let's talk about those changes to your financial plan. bill, mary? 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people are feeling really uneasy about the economy then. are people feeling like that now? it is scary to think about where we were in 2008, 2009, 2010. those sentiments coming back. >> in atlanta, lower cost of living proportion atly to the rest of the country's metropolitan areas, that have been something that people, atlantans celebrated. now taking the lead in a distinction nobody wants. thank you so much. coming up, a defense lawyer on the trial of three white men accused of killing ahmaud arbery ask them to not allow more black pastors in the courtroom. he is trying to clean up his comments. is this apology enough? we'll discuss next. it's time for our veteran's day sale on the sleep number 360 smart bed. what if i sleep hot? ...or cold? no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. save $1,000 on the sleep number 360 special edition smart bed. plus, 0% interest for 36 months and free premium delivery when you add a base. ends monday. what does it feel like to sell your car to carvana? 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yep, they're on it with jardiance. ask your doctor about jardiance. people, with quickbooks live someone else will do your books for you. they'll even pair you with an expert bookkeeper like me, who knows your business. knows... your... business! expert bookkeepers who understand your business. intuit quickbooks live bookkeeping. a law enforcement person said instinct told him arbery did something wrong. the homeowner at the property at the center of the case is saying he never asked the defendants to secure the home. want to bring in a criminal defense attorney. wow. this was already an incredible, impassioned trial from the start. this week took some strange turns. where do you see it going in terms of victories for either side? >> fredricka, i think it is a little early to declare one side a winner or loser. i think the prosecution has done a pretty good job of laying out all of the evidence. we have seen a lot of videos, not just the video that all of us have seen about what happened to mr. arbery, also body cam footage of the officers responding, surveillance camera footage, heard a lot of 911 calls. the prosecution is putting it all out there. of course, their position is ahmaud arbery was doing nothing wrong. it may be true people in the neighborhood were up in arms because there was a young black man in the neighborhood, but he hadn't committed any crime. the defense is chipping away at that, suggesting maybe he had committed a crime. i don't think the evidence so far is supporting that whatsoever. >> we heard others looked at the property as well but weren't treated as suspects from defendants that took it upon themselves to try to protect property. and it is remarkable that defense attorneys were trying to allege it was self defense in the end as they hunted him down. it was self defense that started pulling the trigger. >> if you're chasing a man through a neighborhood, trying to corner him, and that is the evidence, they were trying to corner him with pickup trucks, with firearms in order to stop him under a citizen's arrest, he hadn't done anything wrong. he had not committed a crime. even the person that saw him at the house before the chase began said they didn't think he was doing anything wrong. if you can't support citizen's arrest, you have no legal right to take a shotgun, get out of the truck, and start a struggle with him and shoot him. it is an uphill battle for the defense. obviously they're going to have their turn to call their witnesses, but the evidence is not much in dispute, it is how you look at the evidence. that's why the jury is incredibly critical in this case. >> the eyewitness accounts, evidence, aren't the only things that caught attention of everyone this week. we have to talk about the defense attorney comments thursday when he observed to nationally recognized civil rights leaders and pointed out black pastors attending the trial in support of ahmaud arbery family. we would hear that defense attorney apologize, sort of, the next day for his remarks. now several civil rights leaders pushed back calling on faith leaders to stand alongside his parents. what sort of impact do you believe that will have on the jury. jurors watch and notice everything, whether they hear it directly. they're certainly watching behaviors of people. how might what is transpiring impact their view of things? >> i think it can have considerable impact, not one favorable for the defense. it was ridiculous to say and gratuitous. i don't think the lawyer expected the judge to bar all black pastors from the courtroom. that's ridiculous to suggest. it will probably have the reverse result. tell a black pastor you can't come to the courtroom, there will be 100 plus black pastors at the trial as the case continues on. what's strange to me, fredricka, the defense keeps arguing this is not about race. we were concerned about crime. yet you have a defense lawyer that continues to make it about race. even during jury selection. >> i was getting ready to say, starts with jury selection process as well. >> he said there are not enough bubbas to pick from. which made no sense given demographics of the county and fact they had 11 white people and one black man on the jury. >> it all continues to be unsettling on so many levels. appreciate you. today in the 2:00 p.m. hour, i talk to william barber that's been in brunswick, georgia this week, encouraging other ministers to join him in days to come. the u.s. government says it expects to rest its case in a matter of days against elizabeth holmes. she's accused of knowingly misleading investors about her failed company blood testing capabilities for more funding. here is dan simon. >> these are tubes we collect samples in, call them nano-tainer. >> she was once estimated to be worth billions of dollars faces decades in prison for blood testing startup called they ran. >> more people will have access to their own health information. >> she claimed they could do hundreds of blood tests with a single drop of blood. at one point, she had lucrative deals to have machines in pharmacies across the country. accused of misleading investors and patients, holmes on trial for a dozen counts of wire fraud and conspiracy to commit wire fraud. >> any comment about the trial. >> she pleaded not guilty. holmes' backers include an array of u.s. officials, henry kissinger, george schultz, betsy devos among them. the devos family investing $100 million in theranos. how such prominent individuals fell for what prosecutors say was a scam is part of what makes the holmes case so intriguing. >> an important component for the government is to show not only that she made factual misrepresentations but when she did it, she was intending to defraud them. >> she's a law professor closely following the case. >> once you get a certain number of people in that are reputable, other people assume due diligence or investigation had occurred. secondly, this was an exciting opportunity in terms of changing health care. >> among those that testified, former defense secretary james mattis who serveed on theranos' board. he invested $85,000 in the company. >> compared to other investments made in the condition, not a huge one. but for someone that spent their life in civil service, it is not an insignificant amount of money. >> holmes claimed her devices were used in the military in the battlefield to assess the wounded. they testified they had no deal with the military. a reporter with podcast bad blood has been in the courtroom every day. >> holmes owned the room when she was ceo of theranos. i can say she does not own the room in this courtroom. there's a big change in whatever demeanor she was presenting before. she cuts a very small, respectful, almost timid figure. >> quite a difference from 2015. >> incredible honor to have this. >> the entrepreneur appeared alongside then vice president joe biden at the company's california lab. >> talk about being inspired, this is inspiration, man. this is inspiration. >> the trial wrapping a tenth week. not clear if holmes will take the stand when the defense gets the case likely next week. attorneys are expected to argue she was a hard working founder whose company ultimately failed. but failure is not a crime. three jurors have been dismissed for one reason or another, one was dismissed for playing sudoko during testimony. that leaves two alternates left. given the pandemic, puts the prospect of this going to the jury at significant risk. keep in mind, the trial still has at least one more month to go. dan simon, cnn, san francisco. >> thanks so much, dan. don't miss a new episode of cnn original series "diana" where we go inside her lasting legacy more than 20 years after her death. it airs sunday at 9:00 p.m. we'll be right back. 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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do you think you will go to germany? >> yes. >> you do. >> we are. our people here. we want to go to germany. >> yes, but do you think it will happen? you'll try. >> yes. >> we'll try. we don't want to stay here. >> reporter: the more migrants arrive, the more desperate their plight. we see these refugees scrambling for firewood as temperatures plunge. when bell a -- belarusian aides arrive with food and water -- >> you see these are extraordinary scenes you've got, belarusian military forces trying to push back the crowd of migrants that have gathered around this distribution of aid. they're giving out plastic bottles of water, but the people here are so desperate for any kind of nutrition, any kind of food, water, shelter. oh, look. they're being asked to kneel down in front of the belarusian security forces. when they kneel down, some are being allowed to go through. >> who's this? >> his name is agi. >> hello, agi. >> hi. >> you speak a little bit of english too. >> yes. >> they traveled from belarus to iraqi kurdistan to help her child, she tells me. >> we came here because of my son. he needs an operation. >> a big operation. >> yes, a big operation in the back. >> oh, no. >> he can't walk away without -- >> i see he's got this splint on his leg. >> yeah. he can't walk away. >> why didn't you do this operation in kurdistan? >> because not very good. maybe he fail, the operation fail. we need to go to germany. everyone and the doctor told me the operation in germany very good. >> reporter: but now germany looks a long way off. with belarus in the west blaming each other for the crisis, it's these people stuck in the middle who are paying the price. matthew chance, cnn, at the border between poland and belarus. >> powerful view of what's happening. all right. still ahead, a stark warning to trump allies after the u.s. justice department indicts steve bannon. first, how companies are harnessing the untapped power of water. here's this week's "mission ahead." for decades, wind and solar have been the centerpieces of green energy, but the ocean's constant-ever waved and tides are rich with power that remain largely untapped. off the coast of scotland they're trying to change that. its jumbo jet-sized platform has two giant rotors that sit 60 teat below the oceans of the water and harness the tide's energy. >> it looks not too different to a wind turbine. >> reporter: but unlike wind turbines that have to accommodate from wind coming from all directions, the 02 only needs to capture energy from two. >> you have a flood tide that comes in and it goes out. >> reporter: tides are far more reliable than wind. >> you can predict it years and decades into advance. >> reporter: this is the third system that can be connected to the uk national grid to be tested. one unit generates up to 2 megawatts, which it says is enough to power around 2,000 homes a year. right now the cost of building, operating, and maintaining tidal power means it comes at a premium. ite's hurdle for many companies in the industry. for now they're relying on the government's investment to drive the price tags down. >> what we're asking is for policy makers here in the uk and around the world to make allowance for early stage technology in the course of the next 10 or 15 years. not only will we be able to deploy hundreds of 02-style machines, but we'll be able to see the cost of energy fall down to somewhere that's much more competitive. >> reporter: rachel crane, cnn. after pioneering photographic film, we made it our mission to help change the world... in healthcare, our imaging expertise and ai technology aims to help diagnose disease earlier. but why stop there? 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