vaccine mandate. let's go "out front." good evening, i'm erin burnett. "out front" tonight the justice department charging 11 people with seditious conspiracy. it is a charge rarely used. the 11 people include stewart rose, the leader of the far right extremist group the oath keepers. this is a major move in the investigation and the indictment is damning, right? it's 48 pages here. i'm going through here. rhoades indictment. it details prior planning, use of military tactics, stash of weapons and they stored weapons outside of washington. it's really shocking the level of planning here. so used to a certain chorus of people saying it got out of hand on the fly and there were bad actors out there. when you get to page 4, this really stood out to me. page 4, rhoades and certain co-conspirator planned to stop the lawful transfer of power which applied multiple force. and we're prepared to answer rhoades' call to take up arms. some co conspirators amass beinged firearms distributing them. qrf teams and planned to use the fire departments to stop it. this is incredible. this is one of the men charged in this document, kenneth harrellson running a roller case inside. >> according -- there was a read for it, platting began, according to two days after the election on november 5th. in an encrypted group chat rhoades said we aren't getting out of this without a civil war. too late for that. then on november 7th the day biden was declared the winner of the election. quote, we must now do what the people of serbia did, refuse to accept it and march en masse on the nation's capitol. late december 2020 via contracted applications. then on january 6th members of the oath keepers were there. court records reveal, the military terms, the quick was going to call it stack so they had a stack planned. stack one joined the mob. some were attacked either way, 30 minutes stack 2. enters the building. around that time another one charged today this document, disposition of the west side of the capitol. here he is. >> every single [ bleep ] in there is a traitor. every single one. >> prior planning, coordination, sedition. weapons. the 11 people charged today were kpon spir si and they're not small fish. more than 700 people already charged, right? some of whom may have been wrapped up in the moment. not the case with these individuals. this group had a level of combat training. the question tonight is now this, now you've got a conspiracy, you've got planning, you've got it all laid out. >> all hell is going to break loose tomorrow. just understand this, all hell is going to break loose tomorrow. >> in the context of what we've learned today, those words seem less idol and random than ever. evan perez is "out front." anyone who hasn't read this, it is fascinating and frankly stunning. what else do you know about these charges and how they got here, right, having a grand jury doing all of these things unbeknownst to everyone. there is a lot of work on the case, eschenfelder, for the last year. we know other officials had participation. what i'm told is there is a lot of work that has gone into bringing us where we are today, including getting some cooperation. you can see they have access to some of these encrypted communications. stewart rhoades sat down with the fbi himself, sometime last year. all of this went into where we are today and prosecutors are making the case this went beyond january 6th. i'll read you a part of it. it says they are continuing to plot after january 6th, 2021, to oppose by force. he met with some of his co-con spiritor. 6 they thought that would continue and this goes beyond just the blocking of the certification. >> it is really an incredible ebb and flow. civil war 2.0 and they intended to take this even further and organize more local militias. >> i want to go to the co-anchor of 2 billion. there was a case where they lay out prior planning, military intent, seditious conspiracy as a charge to overflow the government. >> it's very clear, concise, powerful manner. bigger picture. this is the ultimate myth buster. all of the myths around january 6th, it takes them out one at a time. this myth it was broken, this is now seditious conspiracy. this myth that it was individuals, no, it was organized by a domestic. no, no, there were firearms involved and plans to use that up. i think it's a big one. >> they have stack one, stack two, a comfort inn where they're amazing ching. now even more sinister when you hear those words of all held's going to break loose tomorrow. well, there is the question of the answer to that politically and criminally. for that, we don't know from reporting my video have roger stone, somebody who has known to be in the president's orbit outside the hotel which we all know the president's allies were staging there. he was there with the very oath keeper, mr. roets who is part of the indictment. you have to say that the department department. andrew mccape has been saying one of the things we're probably not talking about enough is this was a major failure by law enforcement and its intelligence to the extent they can surveil in the united states and this is proof of that. these were conspiracies being form and organized. they were communicating they weren't caught. it is a pretty big failure. ellie, the actual dch, now that the doj has done this, this is a pretty stunning husband. all of these things are in the charges. now steve bannon, roger stone, the former president himself. do you get the sense from them that the doj is going to go higher. >> that's exactly my big question now. no question. this should not be treated as mission accomplished. this does not wrap up everything. this is 11 people held 3. will any of these flip and cooperate. we'll see. they're looking at serious time here. . just a tads over five years. will they be able to make links from this 11 oath keepers. potentially to the name of the people you name and let's see what they're ready to go. proebds's breaking news with joe manchin and kristin cinema. have they changed their mind plus. the world waiting on the decision of one man tonight who will decide whether novak djokovic can compete in the australian open. $0 copays on virtual visits for primary care and mental health. take advantage now. wow! 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i hope we can get this done. the honest to god answer, i don't know if we can get this done. i hope we can get this done but i'm not sure. >> he's not sure and he's not sure because manchin and sinema made it abundantly clear that they are not on board with getting rid of the filibuster or changing it to get it done. the only option is to change the filibuster so democrats can push through voting rights on their own on a party line vote. sinema and manchin sticking together. >> while i continue to support these bills, i will not support separate actions that worsen the underlying disease of division infecting our country. the debate over the senate 60 vote threshold shines a light on our broader challenges. there's no need for me to restate my long standing support for the 60-vote threshold to pass. >> i think it's the points i've been making for an awful long time and she has too. we need to make changes. >> okay. you heard them today. not getting rid of the filibuster. regardless of how you feel about that, there are republicans who back voting rights. >> i have said that i would be supportive of getting to it. because i think there's some changes that i think we can make. >> support some changes. she doesn't support all of bide din's changes and she wouldn't fear supporting it to make them. it seems biden is happier to get nothing other than real legitimate reforms. it's a morally right and morally decrepit -- >> consequential moments in history, they present the choice. do you want to be on the side of george king or george wallace? do you want to be the size of abraham lincoln. >> the side of right and the side of racism. dick durbin said biden went too far. not particular comment. right versus wrong simplistic view is a problem here. so broadly talk about voter stu press. vote by mail. here's what biden said criticizing georgia's new law. so they're making it harder for you to vote. >> okay. well, new york is one of the most reliably democratics and now georgia allows anyone to request an absentee having. there are specific and in fact in november they couldn't collect an absentee ballot. and over when i ammingly early center. georgia, the new law. allows her 17 days of early voting. new york only has 9. i'm not saying vote reforms are not needed. it's to point out and it's as simple assay that is too simplistic. you know, it seems to me that part of the issue has become oversimplified in many ways. there's the side of being right and the oasis. that seems port. >> yeah. i don't think that was particularly useful. i also don't think it is true. voter sus presentation is offensive of our values. that is more insidious and the president senchsed rev rant -- they allow the legislators and their election officials to do it in the aftermath of the election. that should be dischourgeed -- discouraged and there is hyperbolic rhetoric. >> a few points on this. one is where the president is spending his time right now. when you look at voting rights, it's not high on the agenda. this is a top cnn paulo pauls were done. so today the president goes and pushes on voting rights. only 6%. they want to be working on. what's driving why he's spending his time on this? >> well, i don't think any president should determine exactly how they spend their time based on holes. there are issues that are more 3 polls. if they are related to the function let's be honest about it. there's a let of pressure and was working on these issues. necessarily a way to move in the right direction. he's been caught between two polar opposites here. one is the fact that the base wants a fates with this. who knew it will be and without changing the filibuster, you'll never get the bill done. he knew that. he's been trapped between the two places. he's tried to thread the needle. >> so let me ask you, david. what do you here when they will support you. perhaps he knows more. so why not go for a couple of the key things they want? maybe they end up there ? >> no. i've never believed that. joe manchin went to try to find partners in the republican party for his voting of a voting rights bill. he made it clear he didn't want republicans could often per rating. tlsh many elements. i agree with you. narrow it down. it's not clear you can get information and that's what the relate at is, whether sin at that sin know montpelier says can you see everything. thank you so much, david. i appreciate your time. >> good to see you. newly elected trump's allies, fake certificates signed in states trump lost. plus, novak djokovic awaiting world from the man who will compete. amazing. jerry, you gotta to see this. seen it. trust me, after 15 walks... gets a little old. ugh ♪ ♪ do your eyes bother you? 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these are republican leaders in your state signing a fake slate of electors. >> yes. that's disheartening to say the least, but those individuals were chosen as electors whether on the democrat side or republican side are stalwart supporters. they firmly believed at the time, i think, that donald trump won the election. i think that was prior to all of the investigations that we've held and this is news to me actually. >> i mean, it does seem so shocking, of course, you know, we should note the margin of victory in wisconsin 2020 was identical to the margin in 2016. trump won the first time and lost the second. so republicans in your state are still conducting an investigation of the election and i -- we have had some fantastic reports on this led by michael gableman. more than a year since the election. why are they doing this now do you think? >> well, there were some unusual things that occurred with individuals in green bay and the third party funding and some issues we had in nursing homes, so the fact of the matters is there were some issues that we had, but by the same token, after the legislative audit bureau finished, after the wisconsin institute of law and liberty finished, i'm confident that the election results are factual and that any other anomalies or voter fraud cases that we had, which i know there are a little over 500 or so that are being investigated, that's not unusual and we need to move forward because republicans need to focus on 2022. we need to win the house. we need to win the senate and in the state here we need to win the governorship. >> i should just make the point as you point out, you know, things do happen. they should be looked into. you've looked into them again and again. i want to contextualize your number there 500 things not being usual. i want to reference that versus the margin of victory which of course was 20,682. it's not relevant at all in terms of the margin. when he said, quote, they're finding things nobody thought was possible. this was a corrupt election. what's your response to this? you have spent your career running fair elections, investigating every one of those 500 votes and yet this is what he's saying now. >> i would love to sit down with president trump and explain the electoral process to him. that i don't think he really understands. it all boils down to each and every ward and each and every community, and those are people, volunteers from the community that are running the polling places. so where the massive voter fraud is is beyond me. i just think he does not understand the electoral process and he has not bothered to learn about it. >> kathy, i appreciate your time and thank you very much for coming on and talking to me. >> thank you. next, the supreme court late today blocking president biden's mandate requiring large businesses to vax sin nate employees. all eyes tonight on a powerful immigration official in australia about to decide whether novak djokovic's inconsistencies, dishonesty can allow him to stay and compete or not? at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? 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>> reporter: potentially, yeah. potentially. under the criteria through which the minister can make a decision, giving false information when applying or giving false information to border officials is potentially that sort of reasoning, but it may not be as straightforward as that legally if he is able to prove, perhaps, for example that he didn't do it, that it was human error, that it wasn't a deliberate attempt and so forth. i think there is no doubt that the government wants to be able to enforce the border policy here. it believes djokovic should not have entered the country va unvaccinated. it comes down to timing. we're just days away from opening here at the australian open. even if the government were to move on him today at this moment, midday on friday, it seems very difficult how he could then get his time in court, argue his case and be back on court ready to fight for the title. >> even if he does remain, it would be a victory for many reasons. >> thank you very much. phil black. the supreme court blocking president biden's vaccine mandate for large businesses adding to a list of setbacks now for the biden administration. now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. i may have moderate to severe rheumatoid arthritis. or psoriatic arthritis. but we are so much more. we're team players and artists. designers and do-it-yourselfers. parents and friends. if joint pain is getting in the way of who you are, it's time to talk to your doctor about enbrel. enbrel helps relieve joint pain, and helps stop permanent joint damage. plus enbrel helps skin get clearer in psoriatic arthritis. ask your doctor about enbrel, so you can get back to your true self. play ball! enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel. eligible patients may pay as little as $5 per month. if you have this... consider adding this. an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare doesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪ narrator: on a faraway beach, the generation called "our greatest" saved the world from tyranny. in an office we know as "oval," a new-generation president faced down an imminent threat of nuclear war. on a bridge in selma, alabama, the preacher of his time marched us straight to passing voting rights for every american. at a gate in west berlin, a late-generation american president demanded an enemy superpower tear down a wall and liberate a continent. american generations answering the call of their time with american ideals. freedom. liberty. justice. for today's generation of leaders, the call has come again to protect our freedom to vote, to fortify our democracy by passing the freedom to vote act and the john lewis voting rights act because america - john lewis: we are not going back, we are going forward. go long! oh god, they'll never let us back in here. i'm james corden and i'm here to tell people that ww is getting even more personal. he new ww personalpoints program is particular to you. you can eat pizza. you can even eat this.. if you want to. and these... in the same, i mean not at the same time, i wouldn't do them at the same time. no two plans are the same. when can i start?! don't pay until spring! join today at ww.com hurry! offer ends january 17th! new tonight, the supreme court blocking president biden's vaccine requirement for large businesses. it's a major blow to the president's strategy to fight the pandemic. right now only 62% of americans are considered fully vaccinated right now and almost every single state in the united states is reporting uptick in covid hospitalizations. john harwood is "out front" on this story. getting the news from the supreme court blocking this, this is a major loss for the president, right? and let's be clear, vaccine mandates have worked >> it's a big blow on tom of a series of other big blows the president hasuffered, including the demise of voting rights legislation due to the insistence by sinema and manchin today to preserve the filibuster. of course, the difficulty with getting his build back better agenda. but the core mission for the biden white house is getting on top of this pandemic and the vaccine mandate was a way to try to do that. they have pretty much hit the wall of people who were willing to get vaccinated up front. they're using the mandate to try to get businesses to force some of the reluctant into getting vaccinated. now, businesses, many large businesses are for vaccination themselves. many of them have their own mandates. some of the airlines, for example. so it's not clear how much of a setback this is going to be, but it's clearly not what the administration wanted and they have to lean on business to get it done. >> you have kamala harris today answering some questions, talking about covid. and the response to this one sort of widely panned. this is what she said. what could the administration to to improve what they're doing on covid. here's what she said. >> it is time for us to do what we have been doing, and that time is every day. every day, it is time for us to agree that there are things and tools that are available to us to slow this thing down. >> that wasn't a very strong answer, obviously, john. >> look, that was the answer, she didn't want to acknowledge in that interview the fact the administration has been behind the curve on testing. in their defense, of course, many people did not anticipate the breadth of the omicron surge and the amount of demand for testing kits that that would require. nevertheless, they have got to get on top of it. they're trying to. they had the 500 million which they say they contracted to be sent to people. insurance companies are being required to cover them. and they're going to have to do the best they can, but that was not her best moment. >> certainly not. john harwood, thank you very much. >> next, more than a myth. marilyn monroe in a way you have never seen. with my hectic life you'd think retirement would be the last thing on my mind. thankfully, voya provides comprehensive solutions and shows me how to get the most out of my workplace benefits. voya helps me feel like i've got it all under control. voya. well planned. well invested. well protected. 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and i said, yes, anything wrong? >> for 20th century fox, it wasn't about we really think sin is bad. it was like, wait a minute, sin might be bad for business. >> posing nude was such an explosive thing. >> there was great anxiety. say you didn't. i said, but i did. you know, i should say that i did, and they were very unhappy. >> joining me now is amber tamblyn, emmy and golden nominated director and actor, and the author of several books including dark spackler, where she writes about marilyn monroe and other actresses who died before their time. so amber, you were interviewed for this new series, and you were in the midst of a lot of research on marilyn monroe. what do you want people to learn about her story? >> thank you, erin. i had a really fascinating journey researching more about her. i thought i knew a lot about her because my father, the actor russ tamblyn, was sort of in the same studio system era that she grew up in and she was thriving in. i knew a lot about the studio system era according to his experiences, but for a woman, it was vastly different. and i think one of the most fascinating things i learned about her is just how much she was sort of the arbiter of her own destiny, and she was really proud of that. there actually was no shame about her sexuality and that she used that as a tool to sort of get herself where she needed to go and create the art that she wanted to create. i think we usually think of her as a victim, as someone who was taken advantage of, and she definitely was. but at the same time, she was really powerful in her understanding of her importance and the role that she played in culture and in art. >> which is really fascinating, because you're right, we kind of do tend to see it as one way. know when you're talking about your research, you're a founding member of the time's up movement, which had has been fighting to dismantle misogyny. in this series what's interesting is we learn in some ways marilyn monroe was ahead of her time in standing up to hollywood executives and she refused to work on a film when she found out frank sinatra was being paid more than three times what she was being paid. that's not something you often hear about. how does her story inspire your efforts today? >> it's absolutely true. some of the things that people don't know about marilyn monroe that i didn't even know, i didn't know she ran her own production company. like, my head didn't know that, i think it was called marilyn monroe productions. she produced films, she optioned books. she very much, you know, i would use this analogy in saying she was sort of the original kim kardashians in the sense that she was absolutely gorgeous. and she knew how to use that. and she was smart and had her own talents in her own way. on top of being a good actress, so she was a fascinating woman, and i think when you hear stories like that at a time when women were not really allowed to speak out in that way because they were within the confines of the studio system, it really was a revolutionary act. >> thank you so much. i really appreciate it. >> thanks, erin. >> really makes me eager to watch here. i hope you all will as well. tune in, the all new cnn original series reframed, marilyn monroe, premieres with back-to-back episodes sunday at 9:00, only on cnn. >> ac 360 starts now. good evening. in so many ways the stakes for democracy only grew higher and perhaps so too did the cost of defending it because now for the first time in its criminal investigation, the justice department has brought charges of seditious conspiracy in connection with the january 6th attack on the capitol. conspiring in the words of the law to overthrow, put down, or destroy by force the government of the united states. short of treason, the stakes can't get any higher. 11 members of the right-wing group the extremist group, the so-called oath keepers have been