kelly, 20 years ago, also joins us and a long road to a verdict. first i have to start with breaking news in arizona and texas. in arizona maricopa county officials revealed that a draft report from the group running that so called audit of that county's ballots, cyber ninjas, that was the company they brought in, well, now cyber ninjas has confirmed president biden won. and by an even wider margin than originally predicted. but that has not deterred officials down in texas, now they are on board. 325 days after the presidential election governor greg abbott announced they would do an audit in four separate counties, three of those counties won by president biden and won by former president trump. keep in mind this is a state that former president trump won by 600,000 votes. we are all over this story. also with us political strategist and someone who knows texas politics better than anyone, matthew dowd. jane, this audit in arizona cost their taxpayers over 400,000 bucks. now there is a conclusion, for all those people in that state who have been all worked up not accepting the results, saying it was rigged, saying trump is the real president, what are they saying now, now that their audit is done? >> you know, they've been saying those things before they were counting the ballots. i think we have to acknowledge that this so-called audit is a partisan review conducted and funded by people who had conclusions before they started counting the ballots. >> hold on. it was a partisan review that gave them the opposite of the outcome they were looking for. how do those people still make the argument trump won? how their review is done and it says it was biden. >> you know, they're going to look at the fact that the numbers are slightly different according to the draft report that we've been circulating, nbc has not confirmed that that's the same draft report that will be announced later today, but this report will have basically different numbers. when do you a hand recount and when you do a hand recount with policies that election experts say are not the bob pisani you are -- best practices you are likely to come up with a different number when you do different recounts with different elections, we've often seen this where the number might be different by a dozen ballots when you're counting that many ballots, especially with a hand recount. i think we have to point to the fact that whatever this report says, the policies did not give any election expert, anyone who has run an election, a whole lot of trust. i think they have to be taken with a big grain of salt even if the people who had conclusions before still have those same conclusions now. >> mr. dowd, as soon as i saw this news out of texas i was having a get me matt dowd. you are the only person who can explain this to us. this texas audit was announced literally hours after trump pushed governor abbott to do it. why is he giving into this? >> well, thanks for having me, stephanie. let me just explain for your viewers sort of what's happened in the last 24 hours here. so president trump puts out a thing saying i demand an audit of the texas elections, you know, continuing the big lie about fraud. there is no secretary of state right now so he demands the governor's only staff at the secretary of state, within hours the staff of the secretary of state put out a memo saying they're going to audit four counties, hewson, tarrant, dallas and colin. so they're auditing those four counties. there's no mystery of why they're doing those four counties because they're aimed at democrats not aimed at finding out objective data in this, but there is not a single piece of evidence in this that points to why you would audit texas or specifically why we would audit those counties, and it's just their continuing -- it's a continuing thing that they're doing by governor abbott who has become craven to donald trump in all of this to undermine the trust of the election and impact voting rights which he has already done with legislation this past session. >> how dangerous is it that this is happening in another state nearly one year after the election? even if the results, yet again, confirm that biden won, how dangerous is it, matt, that it's happening? >> it's incredibly dangerous because there are a group of voters out there that are susceptible to believe the lies of donald trump and greg abbott. even though there are no facts or truth that supports it at all, they believe that. and so i actually feel in many ways feel bad for these voters because governor abbott doesn't respect them, he doesn't tell them the truth, he is not honest with them. the voters believe that and act out upon that. i think it's incredibly bad. our democracy is already in a fragile point and in my view is broken in many different ways. this only is going to add to the brokenness and i think it's fundamentally at the point of voting as you know, stephanie, is the only way people can hold their leaders accountable and because the republicans have pushed very unpopular policies which they know especially here in texas, what do they want to do? they want to make it not only harder to vote but they want people to distrust the election results. >> well, this may be pushing it so far that texas voters say enough is enough. jane, matt, thank you both so much. we have a lot to cover. we now need to turn to the developing news surrounding the january 6th insurrection. the house committee investigating it just issued its first subpoenas and they are starting at the very top targeting some of the biggest names in the trump administration. former white house chief of staff mark meadows, former deputy chief of staff dan skaf know, steve bannon and kash patel. they have all been served subpoenas. with me now nbc capitol hill correspondent ali vitali, glenn kirschner, kate benner for "the new york times" and i can't niche alcindor. it's friday so she is a' a moderator of "washington week." ali, these four, in the last four years people on team trump who get subpoenas here is what they do with them. >> reporter: yeah, that's exactly right and i think that that's probably what the committee is expecting at this point. look, these four people, especially you look at people like scavino and bannon they were close to the president before he came into the white house. meadows, scavino and bannon could speak to the president's mindset on or before january 6 which is the goal of the committee in some ways. they have a lot of things they're investigating but certainly the former president's role in this is chief among them. these people could be helpful if you could talk to them. you're exactly right, i don't have my own piece of paper to crumple up in front of me but that's what they have done in the past which is why you see this committee moving as quickly as they are. we were told by chairman thompson that these subpoenas were coming, congressman schiff said in many cases where they didn't think that witnesses or organizations were going to be cooperative right off the bat they were going to start with subpoenas as opposed to going with just a request. clearly that's what we're seeing play out here now. what we're going to see in the next few weeks, there are dates in the next two to three weeks where these four people have been asked to produce documents or show up for depositions. that is likely not going to happen. the committee clearly starting this process as early as they can so that they can try to get as much of this information as possible because, steph, i know that the 2022 midterms are like 400 days away but at the same time that's the clock that the committee is up against right now because they are not only dealing with issues of trump but broader issues of executive privilege and what information you can get from the white house after the president is gone. that's going to have far reaching implications but their ability to do this job well dim she is after the midterms if republicans retake the house. >> glen, i know i'm harping on this, but do you have any reason to believe they're going to adhere to these subpoenas and we're going to get? doesn't matter how hard the committee is working if the people they're subpoenaing do nothing. >> you should be harping on t steph, because that's the whole ball game, how will the subpoena recipients respond? because the trump administration officials used to view congressional subpoenas as party invitation that is they could just politely or not to politely decline so it raises a couple legal issues. one, will congress get serious this time using all of the tools in its toolbox to enforce these subpoenas? importantly they have a tool now that they didn't have in the trump administration under the tenure of bill barr as attorney general, they have criminal contempt because that takes the assistance of the department of justice. so i suspect you may see criminal contempt battles fought in court. second legal issue, will the courts have learned anything from letting the don mcgahn's of the world, for example, run out the clock by engaging in a frivolous two-year subpoena battle. the courts don't have to let themselves be used that way and i hope they learned their lesson. and then the final legal issue, steph, is if we get the witnesses' butts in the chair in front of congress what will they do? will they testify or will they invoke a fifth amendment right against self-incrimination. >> bingo. don mcgahn ran the clock for so long by the time he showed up people couldn't remember who he was. katie, let's say they do all end up in front of the house committee what are the chances given who we are talking about, dan scavino on that list, what was dan scavino doing before and what would he do after trump? trump is his whole world. what are the chances these four would say anything that would incriminate donald trump and if they don't what are the consequences if they don't tell the truth? >> not telling the truth comes with severe criminal consequences so that's table stakes, but i think that what you're trying to get at is whether or not they will speak. one thing the committee is doing is they are trying to gather adds many documents as possible and they're trying to gather other witness testimony that could box people in if and when they finally do get people to speak. do they have documentation? have they gone to the national park dives? have they gone to the justice department to gather records that they can ask about and say why did you send this email? why did you do this? why was this meeting on your calendar? so they are trying to get together information so that they can ask pointed questions of witnesses not just these four, but of any witnesses because you're right, it's very unlikely that scan scavino or mark meadows would just sit down in a chair and start talking but it's also very unlikely that most people would do that. also keep in mind the justice department has waived executive privilege on a lot of these issues for other former justice department officials, we can expect the justice department would probably do the same for these folks so they wouldn't be able to hide behind executive privilege. simply getting them into the chair is not enough. a lot has to happen in terms of gathering other evidence, especially documents that were being held within the white house. >> yamiche, yesterday kevin mccarthy said there's only two questions that this committee should be looking at, why was the capitol left so ill prepared and how can we make sure this never happens again. yamiche, this is about making sure this doesn't happen again and there's a very good chance trump could probably be the republican nominee in 2024, that's why it's so important. >> it's why it's critically why it's so important. this is not backwards looking, this is in some ways forwards looking because the worries of so many people around former president trump, including general mark milley who was worried that he was going to try to overthrow the government or start a war in order to hold on to power, those worries continue because all of trump supporters continue to be out there believing his lies. these subpoenas, though, bring this entire investigation into a new phase, a more serious phase, yes, it's true that some trump aides could try to hide behind executive privilege but if that's waived it really comes down to what is going to be your argument against sitting before congress. when you look at these letters to mark meadows they are specifically looking at we know or we believe that you were in the vicinity of president trump during january 6, during january 5, we believe possibly that you were in touch with january 6 organizers. so these are specific questions and i think that there are so many questions about the trump white house that we don't have answered despite what kevin mccarthy is saying. how much did the president know? who was giving access to the capitol? were there any issues in terms of coordinating with people in trump aides? there are so many questions here and these subpoenas with dates on them show you that the trump aides here are really in hot water. >> but, glenn, what executive privilege is there? when i hear trump say he's going to fight these subpoenas on executive privilege and other grounds, he is currently commander in chief of a country called in florida, nothing else. >> there's exactly zero executive privilege. that dog won't hunt. bannon, let's take him as an exam, he wasn't even a government employee so executive privilege can't even apply to him. two, the biden administration is, i think, very unlikely to invoke executive privilege on any of these subpoenas because it would just be potentially covering up crime. let's realize that executive privilege resides right now in joe biden, the current president. past presidents can't invoke it. and, third, the crime fraud exception would negate executive privilege anyway. there are three reasons the executive privilege dog won't hunt. >> i mean, this is really stunning to me. i mean, steve bannon, note to self, i can't imagine that president joe biden is going to help you out here. all right. we will leave it there. we have a lot to cover. thank you all so much. right now you are looking live in washington where house speaker nancy pelosi and other democratic leaders are pushing for the women's health protection act. it counters texas' controversial abortion ban. lawmakers gearing up for a vote on it later this morning. and still ahead, the cdc chief goes against advisers in her own agency to include front-line workers on the list of people who can get the booster shots. now the president expected to speak this hour on that very topic. we will bring it to you as soon as it begins. plus we are getting a view from the other side of the border as a make shift migrant camp starts to shrink. that's next. migrant camp starts to shrink. that's next. er until i got on ancestry. it was like touching the past. my great aunt signed up to serve in the union army as a field nurse. my great grandmother started a legacy of education in my family. didn't know she ran for state office. ended up opening her own restaurant in san francisco. paralee wharton elder, lupe gonzalez, mary sawyers, booster shots. booster shots. e the strong women in your family? voiceover: riders. wanderers on the road of life. the journey is why they ride. when the road is all you need, there is no destination. uh, i-i'm actually just going to get an iced coffee. well, she may have a destination this one time, but usually -- no, i-i usually have a destination. yeah, but most of the time, her destination is freedom. nope, just the coffee shop. announcer: no matter why you ride, progressive has you covered with protection starting at $79 a year. voiceover: 'cause she's a biker... please don't follow me in. we gave new zzzquil pure zzzs restorative herbal sleep voiceover: 'cause she's a biker... to people who were tired of being tired. i've never slept like this before. i've never woken up like this before. crafted with clinically studied plant-based ingredients that work naturally with your body. for restorative sleep like never before. breaking news. we just learned president biden will deliver remarks on the covid vaccination program within the hour. it comes as his administration prepares to roll out booster shots for millions of americans. this after cdc director dr. rochelle walensky signed off on a series of panel recommendation that is authorized boosters for older americans, but then she added one that the advisory panel had rejected, boosters for all health care and front-line workers. i want to bring in heidi przybyla. doctor, i need you to talk to us about this decision-making process. it is so confusing to have some voices then you have a panel weigh in, say this is what we've decided and the director says, no, i'm going to change my mind on that. we're regular old americans trying to figure out the right thing to do. how do we navigate this? >> there were a couple things said at yesterday's meeting at the acip that were important. first they made the statement that the most important thing we need to do is vaccinate the unvaccinated. the second thing they said is if you are a member of the general public and you have had two doses of mrna vaccines you should consider yourself fully vaccinated, but then they went on to make recommendations for other groups and here is how that played out. it was easy to make a recommendation for the person greater than 65 or who was a resident of a long term care facility because basically they are an immune compromised person. similarly they were comfortable saying if you're between 50 and 64 years of age and you have a high risk medical condition that you are likely to benefit from a third dose. then it got hard. what they did was said how about the 18 to 49-year-old who has a high risk medical condition. the problem there is now you're talking about younger people and when you're talking about younger people for a third dose that becomes a problem because of the issue of myocarditis. the thing about the third dose is the immune response generated by that third dose is actually greater than that generated by the second dose. you knew that myocarditis was a consequence of the immune response and that's why people got nervous. they said if you're 18 to 49 you have a high risk medical condition, talk to your doctor about to to ee aengs sell determine how high risk it is so that the benefits of the vaccine would outweigh its risk. that was a 9-6 vote. then they went to people who work in institutions or have an occupation that puts them at high risk of acquiring the disease because of increased transmission they voted no and the reason is because now you're giving it to healthy people who are young. i think they probably would have made it easier for themselves if they put that lower age limit at 30. i think what people -- what some people are worried about with what dr. walensky has done is she basically said, no, i think it's okay to give it to the person greater than 18 even if they are not high risk. the problem is when pfizer did its phase three trial, two-dose trial it was a 40,000 person trial. when they did these phase three trial for the three doze vaccine it was a 306 person trial. i think that's why that all came down that way. >> heidi, you are at a vaccination center so obviously the people there who are getting their booster, they're happy about it, otherwise they wouldn't be there. give us a general sense of the amount of people they are expecting, the enthusiasm. if people sound skeptical at all, i mean, think back to the spring when you and i were talking our biggest worry was people cutting in line because we desperately were trying to get this thing. >> reporter: exactly, steph. i remember being in this county and there was a really long queue and the folks that i talked to here say, look, there is a sigh of relief, particularly for older americans 65 plus who were qualified back in like january and february, maybe running into seven, eight months now since they were fully vaccinated, already seeing some breakthrough infections, their grandchildren are back in school potentially bringing home germs. they are expecting the demand here to be pretty robust and unlike back in january and february this time all of the infrastructure is in place, we're not expected to have people be told, hey, you have to wait in a long queue. here is what the arlington county public safety director told us. >> we've already seen about 600 individuals come through where their physicians has recommended a third dose to be added to the series and we've got about 77% of arlg tonians with one dose of a vaccine. we are expecting to see a fairly high demand. >> reporter: and, steph, we have a little bit of a feedback as well on walensky's decision, her controversial decision, if you will, and the news is that the view from the ground is it's welcome. he told us that a lot of health care workers go to work every day being really concerned about the risks, not just to themselves, but bringing home the virus to their unvaccinated children and so, again, they expect a lot of demand here, they're just waiting for the green light from the virginia department of health and that could come within hours. >> dr. offit, heidi przybyla, thank you so much. we will take a turn to the latest on the gabby petito case as police continue to search for her boyfriend brian laundrie. a federal warrant is out for his arrest. authorities say laundrie used an unauthorized debit card in late august to withdraw thousands of dollars from a wyoming atm. the warrant not directly related to gabby's death which was ruled a homicide earlier this week. but as we talk about petito, it is key to remember the thousands of people who go missing regularly and their stories never get told. nbc's antonia hylton is going to go into this for us right on the other side of the break, so stick around, we need to care about every person in this country. care about every peonrs in this country. [music: "i swear"] jaycee tried gain flings for the first time the other day... and forgot where she was. you can always spot a first time gain flings user. ♪ do you struggle with occasional nerve aches in your hands or feet? try nervivenerve relief from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. let's get back to what we were talking about over the break. as we talk about gabby petito, it is key to remember the thousands of people who go missing across this country almost every day, their stories who never get told, not on national tv. it's time to change that and bring in antonia hilton, she has been following this. >> what i'm hearing from black and indigenous families around the country is they feel for gabby petito's family because they've been dealing with this agony in some cases for months, for years and they want her case to shed some light on theirs. they feel like there is a disparity. take a look at our reporting. >> reporter: as the search for brian laundrie intensifies and the loss of gabby petito is mourned nationwide, there's growing outrage that the attention being paid to her case isn't given to those of missing people of color. >> we don't get the same level of urgency. >> reporter: david robinson's son daniel is a 24-year-old geologist who disappeared after work one day this past june in arizona. police found his car in a ravine, but three months have passed and there has been no sign of him. robinson says police are making little progress and he has had to hire an independent investigator. >> why do you think that is that cases like your son's go unheard? >> as much as i really hate to say this and sometimes i think race is a factor. >> reporter: in 2020 more than 500,000 people were reported missing, nearly 40% of them people of color, and they're disappearing at disproportionate rates. while black americans make up 13% of the u.s. population, they account for 35% of missing persons cases. >> automatically law enforcement assumed that these children, they're run a ways, these adults that they are involved in some sort of criminal activity. so they're basically just, you know, swept under the rug. >> reporter: former law enforcement officer dericka wilson started the black and missing foundation after seeing so many of those cases involved. >> i can roll off shand dra levy, natalie hall low way, elizabeth smart, caley anthony, fwp, but no one can name one person of color that has received that type of mainstream media. not one person. >> reporter: reports show this bias is especially egregious for indigenous people. in the state of wyoming where gabby petito disappeared, more than 700 indigenous people have gone missing in the last decade but none have received the same focus as her case. >> it's been rather disheartening. >> reporter: patsy white foot whose sister daisy mae heath has been missing for over 30 years started her own podcast called war cry to push for more resources and accountability in these cases. >> there is never any communication, never any follow-up with families. so the whole justice system just needs to be turned upside down. >> antonia, all of these cases are still open. we are talking about this because of gabby petito and you're now doing this reporting, but what happens next week? are you still on these stories? where do we go from here? >> that's what i want. look, our team here at nbc has invested in stories about missing and murdered women, i recently got the opportunity to cover school children who were abused in a system of boarding schools around the united states and taken out of native-american tribes. i think it's important that we keep pushing forward on this. look, in my conversations with black and indigenous community leaders right now in prepping for this story, what i hear is we have been trying to talk to you about this for decades and now that gabby petito's case is out there and this national outcry and conversation has started, okay, let's point out these disparities, now let's do better. and that's on us, all of us here at nbc, everywhere, activists, advocates and i know i want to keep pushing on this story. >> all right, then. you've always got a place to do it right here. antonia hilton, great to have you here in person. >> so exciting to be here in-person. now we go ahead to the border where the number of haitian migrants camped out in south texas is shrinking by the day for now. the focus now shifting to their fate going forward with thousands who are deported, thousands who are in custody and thousands more who are being released into the united states. nbc's guad venegas is on the mexican side of the border across from del rio, texas, also joining us is the former haitian prime minister. guad, set the scene for us in mexico. just because the lines are getting shorter today doesn't mean they are not going to get a whole lot longer a week from now. >> reporter: correct, stephanie. as you mentioned we are on the mexican side and what you can see behind me is the area where thousands of migrants crossed into the camp into the u.s. now of course we've seen this wall of vehicles that's become famous because of the photos. you have military vehicles, suvs from the state troopers, cbp, border patrol. there is a boat there. it's interesting because you see a lot of officers that are just standing observing the few migrants that are sitting right next to the water. we've also seen some of them walk over from under the bridge, that's where the make shift camp has been set up these last few days, we know that that has been reduced now to less than 5,000 people. earlier we talked to some of them that are crossing back into mexico. now, on the mexican side a couple 100 feet away from me you have that make shift camp where some have decided to go back to mexico because they say that getting deported back to haiti is just not an option. they heard about the deportation flights so they said we're going back to mexico. that camp is up there. we spoke to one of those migrants who explained why going back to haiti is not an option. [ speaking foreign language ] >> reporter: he says he can't go back to haiti because of the way the country is right now, he says they will kill you for $10 so he needs to stay somewhere outside of haiti to make money and try to help out his family or just make a living because he can't do it in haiti. now, those migrants on the mexican side are now surrounded by mexican officials, they are not allowing them to move, so essentially the migrants are trapped between the mexico make shift camp and the american camp where they're being processed. now, the ones that have returned have told me they're going to try to wait it out a few days. they think if they wait a few more days these flights might stop and then they will take their chances coming back into the u.s. while mexican authorities are trying to convince them to relocate to shelters across the country, but some of the guys just a few minutes ago told me that option is to go to shelters down in southern mexico which they do not want to do. so lots of uncertainty for the migrants left both on the american and the mexican side, stephanie. >> mr. prime minister, it makes sense that many haitians would want to escape the poverty and political instability in haiti, but a lot of these migrants haven't been in the country for years, long before the most recent earthquake, they're coming up through central america. why now? >> well, steph, remember that haiti has had two major earthquakes in the past ten years so the latest earthquake was just one more. i mean, the 2010 earthquake basically destroyed the capital, 250,000 did, 500,000 injured. there was a clara outbreak that infected 800,000 the country has been through several hurricanes and then the latest earthquake. so there was a lot of hardship in haiti for the past ten years and now the assassination of the president and a caretaker government. so it's really a difficult situation in haiti right now. >> but those who have been living in central america for the last few years, why weren't they trying to make their way here last year, last month? why is it all happening now? >> well, because i think that there was a misinformation happening. i think a lot of the -- a lot of the migrants heard that they would be getting the chance to come into the u.s. and they basically took their chances. so that's -- you know, it's a lot of fake news, a lot of misinformation happening and we see everybody flocking to the border, you know, simply on the news that there might be an opportunity for them to come in, but in a lot were in chile and brazil. in chile drugs dried up and permits to come into the country also dried up. so basically they have kind of been pushed around, you know, south america, latin america, but their ultimate goal, they have families in the u.s., they have -- they have extended -- i mean, there is a huge haitian community in the u.s. and ultimately their goal is to join their family and their loved ones back in the u.s. >> help me understand how we look at refugees in this country because, for example, right now thousands of refugees from afghanistan are making their way into the united states. i have been to haiti with you and seen how dire it is there. why do we look at the situation in haiti so different? it's a desperate situation. >> it's a desperate situation, especially considering the latest news. it's a desperate situation also because you have people that are looking basically for jobs. so one of the smart policies would be to install, you know -- to call -- and the country is going through, again, after the death of the president basically the governance is very shaky at best and the international community should be seeking to, you know, basically have elections very quickly and restore democratically elected government so that they can engage in policies to figure this type of migration problem in the long run. instead we're seeing policy that would support an illegitimate government for the next two years and this is very worrisome. i mean, it's time to get to business and have, you know, elected officials chosen by the people of haiti so that they can choose their own leaders in order to fix some of those immigration issues and really tackle the problem seriously. >> thank you, mr. prime minister for coming, for making us smarter. the plight of haitians needs to be understood by all americans. they are a boat ride away and in a desperate situation. guad, thank you, too. we're going to leave it there. this morning one person is dead and at least a dozen others injured after a gunman opened fire at a kroger supermarket in the suburb outside of memphis, tennessee. local police chief dale lane calling the attack the most horrific event in the town's history. >> there were numerous employees that were working, i know we found people hiding in freezers and in locked offices and, you know, they were doing what they had been trained to do, run, hide, fight. >> somebody working in a grocery store trained to hide in a freezer. shaquille brewster on the scene. here we go again, shaq. what's the latest? >> reporter: yeah, stephanie, i just spoke to the police chief who said the investigation is very much under way, he said he believes they were close to figuring out exactly why a man walked into this kroger and opened fire yesterday afternoon. we know overnight that multiple search warrants were executed and we do know that they also interviewed the family of the suspect involved, the shooter involved in this tragedy just yesterday. we expect to learn a little bit more at a press conference expected to start about 90 minutes from now. meanwhile, we know that the victims involved many of them are still in the hospital, some of them suffering from serious wounds and serious injuries and there were an estimated more than 100 people in the kroger at the time. i want you to listen to what we heard from them and their experience just yesterday. >> all i heard was gunshot and i saw a couple of customers like -- we heard -- it was like balloons, like popping of balloons. >> then i looked back and i see people running. i was just thinking, oh, i'm going to die. >> it's crazy to be honest because you would never think that this right here would happen. >> reporter: now, overnight we did learn the identity of the one person who was killed in this attack, the vice mayor confirming that this was olivia king, i believe we have her picture up on screen right now. kroger released a statement over the course of the night sending their condolences and also saying that they will fully cooperate with law enforcement as they complete their investigation and you see behind me it's still a very active crime scene. police say that they will continue to process this, take their time processing it and hope to complete that process by the end of the day. stephanie? >> olivia king at her local kroger grocery store. shaq, thank you so much for covering this. not an easy story. just moments ago the trial of grammy award winning single r. kelly resumed with the prosecution preparing to wrap up their closing arguments. the journalist who broke this story, brought it to the public's attention, 20 years ago, i get tongue-tied realizing it's been 20 years joins us next. plus president biden expected to speak any minute on vaccines and the nation's fight against covid after the cdc released its guidance on boosters. we will take you there next. boosters we will take you there next. lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? 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(man) my ex is dating a pisces. so i'm like, 'screw it. let's talk manifesting. let's talk chakras. let's talk self healing my way through the 12th house. (woman in van) set your intentions. (man sitting) crystals up. (woman) full moon bath ritual. cleanse and find your magic. ♪let it go (huh, huh)♪ ♪let it go (word, word, 88)♪ ♪let it go (let it go)♪ what can i du with less asthma? with dupixent i can du more... yardwork... teamwork... long walks.... that's how you du more, with dupixent, which helps prevent asthma attacks. dupixent is not for sudden breathing problems. it's an add-on-treatment for specific types of moderate-to-severe asthma that can improve lung function for better breathing in as little as two weeks. and can reduce, or even eliminate, oral steroids. and here's something important. dupixent can cause serious allergic reactions, including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection, and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? just ask your asthma specialist about dupixent. right now we are watching a federal courthouse here in brooklyn, new york, where after weeks of testimony and decades of allegations we could get a verdict in the criminal trial of singer r. kelly. the jury will consider charges like racketeering based on child sexual exploitation, kidnapping and forced labor. joining us now to discuss former prosecutor and msnbc legal analyst kristen gibbons fenton, also with us the journalist who first broke this story, the author of the book "soleless, the case against r. kelly." kristen, you prosecuted bill cosby, you know what it's like to prosecute a massive celebrity. what are you watching for? >> i'm looking for a number of things. i'm looking for exactly what you saw, stephanie, where you had a beautiful closing argument from the prosecution, outlining and summarizing the trauma that all of those young ladies had to experience, but i'm also seeing from the defense they utilize and grab and look at -- they can't argue the law or facts because here we have 11 accusers, six jane coast, five who took the stand. they're trying to make these women look like liars and cheaters and out for money. i'm hoping that the jury can see through all of that. as the jury in cosby did and rendered a guilty verdict. >> tim, r. kelly is one of the biggest names in music, but a lot of this was out in the open for years and years. when he married aleah she was 15 years old and that didn't seem to bother anyone. how has he evaded a real trial for this long? >> you know, it's extraordinary, stephanie. he was hiding in plain sight is how the prosecution put it. i think so much of this has to do with race. we know that rape culture, women in general who make accusations of sexual abuse are not believed, but what i have heard for 21 years now from dozens of young black girls that he victimized was nobody matters less in our society than young black women. who was going to believe me? i was black. right now in brooklyn we have dozens of his supporters and online they are legion dismissing all of these victims as liars, as opportunists, as out to sell a book, you know. i've written 11 books, there is no money in books. >> tim, so many of his alleged enablers were mentioned on the witness stand, but none of them have been indicted. if we get a guilty verdict, what's that going to mean for them? >> well, there are two of his top long-time assistants who are indicted in the second federal case that was brought by the northern district of illinois. that has been on hold until proceedings in brooklyn wrap. the only comparison for two cases like that is harvey weinstein, convicted in new york, still awaiting charges of rape in a federal case in los angeles. i believe the eastern district of new york will turn around and indict some of these enablers, but, you know, is it going to be the people that should be held toaccount? jive records made by my account half a billion dollars off of kelly. jive no longer exists. it's founder sits on an island in the sun, having made billions of dollars selling the company. but they were sued by the very first girl who tried to bring kelly to account. she was 15 in 191. she's the first documented victim. before aaliyah, she was one of aaliyah's backup singers. they were sued for $10 million by this girl who only got $250,000. jive records knew. a lot of people knew. >> she sued them -- this happened before he married aaliyah at age 15, but they kept -- >> her lawsuit came just after the aaliyah marriage. there were three backup singers who were best friends of aaliyah. they were all 15-year-olds. a girl from the south side of chicago who is suddenly behind her best friendamsterdam, and k sexually victimized all of those young girls and aaliyah -- >> and jive produced his records, year after year. >> kristen, this is one of the first major trials where a very powerful man's accusers are mostly black women and girls. and many weren't believed for decades. how huge is this moment? >> this is huge, stephanie. because not only is this very wealthy, powerful person being held to account, but as you and jim both pointed out, the accusers are all black women, pretty much. i'm sorry, black women and men. but i think more importantly, these are victims who got on the stand, and their voices were heard. over and over and over and over again. their trauma -- they had to be retraumatized, but they were heard. and i think that is one of the most powerful things for a victim. because we don't know what the jury is going to do. but we do know that they were heard. >> their voices were heard. the question now, were they being listened to and believed? >> kristen, jim, thank you both so much. we definitely are following what happens next. but we've got to take a turn, because the clock is sticking on capitol hill. lawmakers have less than a week to fund the government and avoid a shutdown. senate majority leader chuck schumer says that the chamber will vote on monday to keep everything open, but it comes as the white house tells agencies to prepare for a shutdown anyway. meanwhile, infighting between moderate and progressive democrats is also threatening to tank president biden's infrastructure package. let's go straight to sahil kapur on capitol hill. sahil, is there any way this vote on monday passes? and if not, what's next? of course, you want to have your agencies ready in case of an emergency. but how likely is this? come on. >> stephanie, in the senate and the bill that passed the house is unlikely to clear the senate, simply because it needs 60 votes. that's at least ten republicans. the democrats are onboard, but we can only count one republican who has expressed any interest in voting for that. that is senator john kennedy of louisiana, and that is because of the disaster aid that his state needs, that none of the other republicans, including moderates like susan collins have expressed interest in it. mitch mcconnell has kept his members in line to say, no increase in the debt limit. he wants democrats to do it themselves. so it looks like they'll have to touch this stove on the government shutdown, as things stand, before they can figure out how to move forward on the debt limit, which is a much, much more serious, more economically catastrophic game that they're playing. >> let's talk about the democrats-only bill. moderate democrats in the house are going to the white house today to talk to the president about this $3.5 trillion bill. is it clear at this point who's got more power, moderates or progressives? >> it is not clear at this point, stephanie. and this is an extraordinary bit of game theory going on between these two factions, where the centrists are betting that the progressives wouldn't dare vote down on the floor of the house of representatives a big priority of president biden's, that infrastructure bill. and progressives have a very different calculation. they're worried that if that bill passes, then the centrists will have no use for that multi-trillion-dollar reconciliation bill. there are substantiative concerns that progressives have with that infrastructure bill. i want to put up something that congressman peter defazio, the house transportation chairman said. a quote, "the crap written by those 12 rump senators who are all pro-fossil--fuel does virtually nothing to reduce transmissions." he speaks for mainstream progressives who are not happy with the infrastructure bill on its own. that is a disconnect. one interesting piece of news last night, stephanie, senator kerstin sinema, a centrist democrat, spoke to her home state paper, the arizona republic, and said she's particularly excited about the climate change provisions in reconciliation, that arizona has suffered the effects of the climate crisis, including droughts and wildfires and shrinking lakes, and she wants to address that. how this moves forward is unclear. that bill in the house of representatives, that infrastructure bill, does not appear to have the votes to pass at least the progressive caucus chair, pramila jayapal's whip count is to be believed. as is, this bill looks like sst it's going down. >> quickly, i know i'm how far time. >> what happens between now and monday? any chance democrats are working on something in the middle and we could end up with a, hey, it's not 3.5, but it's "x" and ready to move? what are we doing this weekend? >> they could get closer to an agreement. they are working feverishly to resolve the policy differences, maybe come up with a price tag. and there's some possibility that they get there on a handshake agreement. but the progressive caucus folks have said, that is not enough. they want to build up past the senate. that is definitely not going to happen. if they stick to their demand, there doesn't appear to be a path. they could soften -- speaker pelosi is very good at twisting arms and whipping votes. this bill may be in play. maybe, if enough republicans are willing to support. of course, house republican leaders are also whipping their members to vote "no," which makes it even harder for this bill to pass, stephanie. >> twisting and whipping. we're going to leave it there. sahil kapur, thank you, at home. that wraps up this hour. i'm stephanie ruhle. thank you for watching. chris jansing picks up coverage next as we await remarks from president biden on vaccines and where we stand on the fight against covid and who should be getting a booster, next. we'll bring that to you live. bo. we'll bring that to you live their only friend? 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(vo) at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. here's president biden with the latest on covid-19 and booster shots. let's listen. >> -- that does just that. one, vaccinate the unvaccinated, including with new requirements. two, keep the vaccinated protected. three, keep children safe and schools open. four, increase testing and masking. five, protect our economic recovery. and six, improve the care for people with covid-19. now, we made important progress on each front. and this week is planned, we took a keep step in protecting the vaccinated with booster shots. which our top government doctors believe provide the highest level of protection available to date. the food and drug administration, the fda, the center for disease control and prevention, the cdc, they've completed their independent scientific review and based on that review, the majority of americans who are fully vaccinated with the pfizer vaccine are now able to receive the booster shot six months after they've received their second shot. six months after you receive the second shot, you're eligible. those eligible include, in addition to meeting the requirement of six months after the second shot, those people that are 65 years or older, adults 18 and over with certain underlying health conditions like diabetes and obeobesity. and those that are at increased work of covid-19 because of where they work or where they live. those like teachers, health care workers, and grocery store workers. that group makes over 60 million americans that are now eligible for a booster six months after their second shot. and up to 20 million who received their earlier pfizer shot at least six months ago are eligible today. so those january, february -- those folks are eligible now. now. and i made clear all along, the decision of which booster shot to give, when to start the shot, and who will get them is left to the scientists and the doctors. that's

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