trump to keep documents the january 6th wants out of the committee's hands. in other words, donald trump wants the biden white house to use executive privilege to keep that stuff secret. president biden and his lawyers are saying no way. all of that developing as we are getting new word from the january 6th committee about who is engaging on the subpoenas they issued and who is not, along with what is next. and whose statement i just got from one of the people you just saw, i will read it to you live on the air. we are live with that new reporting from the white house and on capitol hill, and everything developing late this afternoon. it's a friday afternoon, gang. i am hallie jackson, and everything is breaking. leigh ann caldwell is on capitol hill, and pete williams is with us, along with co founder of punchbowl news. mike, to you, you got the letter from the white house and the national archives, and before i go further i should note i am told there's an indication that there will be some kind of response from former president trump, and don't know when that will come up. tell us more about what the white house is saying? the white house secretary confirming this and saying it will be taken on a case by case basis, right? >> that's right. the white house telegraphed this was the direction they were heading to, and i think there are two important things that we have reported now as it relates to what happened specifically to today. this is just the beginning, halle. there was a broad question of a range of documents from the national archives from everything produced by the trump white house on january 6th, and we are talking about photos, phone calls, visitor logs to the white house, the conversations happening internally to the white house and even leading up to the counting of votes taking place that day. the national archives have begun to scour through what they have, and trump it over to trump's legal representatives and to the white house. they are still in the process of doing that. there is more to come. what is significant and why the trump team should be nervous at this point, is what i understand in my conversation with white house officials about this, and at least to this initial set of documents, he only sought to seek executive privilege to a small grouping of it, and the white house is saying we are throwing out executive privilege across the board for these documents. what happened on january 6th and what the committee is now trying to uncover speaks to what was a direct attempt to subvert the constitution. here is jen psaki a short time ago confirming -- excuse me, jen psaki a short time ago confirming what we have here and emphasized what you did at the top, that this will happen on a case by case basis. >> what does that mean, mike? >> what really happened, this has taken a month to get to this point. >> right. >> the committee released the request to the national archives on the 5th, and then in a week the national archives began producing the records, and it has taken since september 8th to review what the national archives could produce, and they said this week we don't want to release this, we are claiming executive privilege, and that goes on to the white house, and the white house is saying not only is the requests you are making not subject to executive privilege, but we are green lighting the full release of what is involved. so given the scope of how broad the request is, that will go on from here. >> this is just breaking in the last 40 minutes or so. any reaction from the select committee on this specific thing? >> no reaction yet. when mike broke that news i did reach out and they said they were looking at it right now. i will say this is what the committee expected. they expected the trump administration to assert this, and they did not know what the white house was going to do but did assert this was the decision they would make. the trump team had 30 days to respond to this, and they waited until the very last minute to make their decision. >> remind us of what all the communication includes of what they want to see. >> this is one small piece of communication that the committee wants to see. as far as the national archives is concerned, these are presidential records that have been held by the national archives, but there's more to this. there are nine government agencies also caught up in the information request and the committee also is seeking record preservation requests from a lot of social media companies and telecommunication companies, and they also asked for records from some telecommunication companies. while they definitely want what the former president said and did, there's a lot more information they are seeking. >> let me turn to the for the legal perspective on this. while we are awaiting a formal response from donald trump's legal team, his representatives, one has to imagine that based on the posture they have taken so far as it relates to executive privilege, they will try and challenge this, right? >> well, i think they are going to have very long odds. when they do challenge it, that's the only thing that counts. what they say doesn't count, it's what they do in court. let me make one thing clear. so far all of this has happened regardless of what trump wants or doesn't want to happen. the committee made a request, and archives holds former president's documents and they went to the white house and said is it okay to release this, and the white house said yes. the letter says we understand the former president believes executive privilege should be asserted, when you notify it's such an assertion, we will respond accordingly. i think we know what the answer will be. the supreme court said before that the executive privilege rests with the office of the president. former presidents can try and assert it, but it's a balancing act. what the supreme court said in the past is that the current president is in the best position to decide what is in the national interest to withhold and not withhold based on executive privilege. that's the first strike against president trump. the supreme court never said that the current president has an on and off switch, but it's clear the former president's ability to assert executive privilege once he is out of office is pretty limited. secondly, the supreme court in another ruling also involving president nixon, by the way, said executive privilege is confined about discussions with the president's official responsibilities, making policy, so one argument might be does a frustration about the election returns, is that executive privilege, and for all these reasons the president can try and block this in court but i think he will have every legal scholar i have talked to, former white house counsel all say the wind is really in his face on this one. the only thing, of course, is that litigation would stretch it out. >> just to put a really fine point on this, pete, and help make sure i am clear on this. is there anything from stopping the national archives from turning those documents over to the committee now? if they did it this afternoon -- >> if they were all in a box and in a u-haul heading to capitol hill, there's nothing to stop it. the president would have to go to court and ask them to block it. >> get an injunction, right? >> an injunction or something to stop the archives from doing this. right now the archives can turn it over. >> jake, how do you see this affecting the rest of the work that the select january 6th committee have to do? >> i am curious, and we are all processing the news. they are not going to find a cooperative brunch in the former trump staff -- >> wait, you are jumping a gun a little. i have two statements, one from cash patel who does say that he is, and it's not everybody, and we'll get to that in a second. >> let me finish this thought. having covered some of these people for a long time, and cooperating might be a code for trying to figure out where they are going with the investigation, having covered some of these people, including mark meadows for the better part of the last 15 years. i could project that and just take a guess there based on my relationship with him. that's number one. number two, this really does throw the political dynamics in the committee's corner because now they can create a narrative based on the documents. they can tell a story based on the documents. it's now in a lot of these peoples' interests to get into the room and help shape the narrative that will help them and the trump administration. whereas previousest investigations you could stonewall and hope nothing comes of it, and this is interesting and seismic on the committee's behalf in crafting a narrative on january 6th. >> we are also late this afternoon hearing from the committee, and there are other subpoenas out there, for example, from organizers of the rally at the capitol and et cetera. i think we have a graphic to show the people involved. the select committee is basically saying that two of those people, mark meadows and cash patel are in some way engaging with the committee. one of those people, steve bannon, isn't it. bannon, isn't it i can tell you that i have gotten a statement from kashyap patel. he said i will assure you will continue to tell the truth and stay focused to help americans that have been misrepresented and censored online. his point, his word, he has responded to the subpoena here. bring us up to speed as where things stand and where things will go? >> yeah, he says he's responding, but we don't know how much he's cooperating. that's the big question. the fact that the committee also noted in their statement that meadows and patel were cooperating to some extent was pretty noteworthy. that was just a subpoena deadline for documents and there's a subpoena deadline for these four people to come and be deposed. is that at the end of next week. we'll see if they meet that deadline. another interesting point in the committee statement is that people that don't comply with the subpoenas, that congress will use their criminal contempt power, and that means they will hand it over to the department of justice for criminal penalties. that's the most extreme response that congress can do, and they said that's what they plan to do for those that don't cooperate. this is the very beginning of their investigation, and in talking to people they say they are moving quickly but have a lot more to do. >> pete, one of the things -- we have a new letter from an attorney for steve bannon, and he says we will comply with the directions of the courts when and if they rule on the claims of executive and attorney/client privileges. they say since these privilege s belong to trump and not mr. bannon, mr. bannon is unable to comply with the request. pete, is that a legally reasonable argument? >> well, it's a lawyer's argument at this point. it has no meaning, of course. it's just their position. the problem for steve bannon, i think, it's -- you know, the courts will decide whether if the executive privilege belonged to the president. nobody said it's an absolute in the past. that's the first problem here. but the second problem is this. look, just getting back to a moment ago to what congress can do if somebody stiffs them on their subpoena, yes, they can vote to find the person in contempt and refer them to the attorneys, and the last time somebody was charged was in the reagan administration. it doesn't happen very often. in the past, u.s. attorneys have said, look, if the administration we work for doesn't want to tell you something, we are not going to prosecute you for them refusing to do, because that's a political thing between you and congress. here you have a president saying i don't want to exert executive privilege on this, and they can say there's no formal assertion of executive privilege. i do think there's potential exposure here if they are not careful. >> what about dan scavino. the committee didn't say much about him? >> they didn't say much about him. nbc news, we reached out to him and have received no response. you know, to quote our friends over at politico playbook, they said they got a tip that he was spotted at an event in new york yesterday, i believe it was. so he's around. the committee didn't mention him and we checked in and asked why they did not reference him in the statement when they referenced those not complying, and they said no comment at this time so we don't know what is going on with scavino. >> jake sherman, i will not interrupt you. i have been working on that. >> it's your show. i defer to him on the department of justice but i think that would be an easy vote in the realm of not easy votes the house takes these days, that would be an easy vote. i have to imagine again, the administration seems to view this as extraordinary circumstances, and i wonder if that will extend to the department of justice as well. >> interesting point. mike memoli, if you are with us, talk about where this goes next and the sense that you are getting from your many sources in and around the white house about this? >> i think just to sort of wrap this up, typically an administration would err on the side of discretion, even if it's from a former president about executive privilege. this is the biden administration saying what happened on january 6th was a real threat to the democracy and the constitution, they will be comply in a way that had the trump people worried. and i think it's important to give some of the specific details that the committee requested that this white house is now opening the door to. let's start with all documents and communications relating in any way to remarks by donald trump on january 6th. all documents and communications regarding the movement and protection of vice president pence, and time stamps of such media. i could read for the rest of the hour what was in there from the select committee it was that long. it was a selective move from this white house on the series of decisions made. >> the reporting, you are seeing it unfold here, and we will continue to see it in the days and weeks to come. thank you, the best of the best, we are lucky to have you. appreciate it. coming up, talking about more developments today talking to congressman dan kildee. 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>> i think it's an important step. we need the truth and the country needs the truth, and history will not look kindly upon us if we allow people to paper over what took place on january 6th, and you and i have talked about this. i was trapped in the gallery and it was traumatic. i am grateful for the reporting you have done. i have had many people inside and outside of congress say they sought treatment about their trauma, as well as me speaking to you about my experience. we have been traumatized because a violent mob attacked the capitol of the united states, and somehow the people who may have been responsible for it may have been able to sneak off without the truth coming out. >> let me paraphrase the argument that the former president's team has made about this, basically saying, hey, if you do this now, right, and do not accept our claims for executive privilege on this, it could set a bad president of the office of the president down the road, right? they made the case from their team yesterday, this is not about donald trump and joe biden, but it's the big picture of the office of the president see moving forward. does that argument hold water to you, or no? >> no, it doesn't for one very important reason. executive privilege may extend to certain decisions that a president may make and certain deliberations among his team. it does not extend to whipping up and fanning an insurrection to try and overturn an election that was won free and fair. it doesn't allow a president, if he did, to conspire an insurrection. we don't know precisely what the president did, and we do know he seemed to be gleeful in the moments, and you can have some privilege, but you can't have the privilege when it comes to insurrection against the united states to try to stop the constitutional function of one branch of government. >> the house select committee's request for documents from former president trump is one of the many branches, right, on the tree they are building? other branches include former trump aides, we have have talked about. at the top of the broadcast, as you see these four men on screen, we read a piece of letter from bannon's attorney, stating that bannon is not going to comply right now with the subpoena? >> well, the subpoena is not like a wedding invitation, it's a legally required appearance. this is the rule of law. a subpoena is filed and you answer it. the idea that we have come to a place in the trump and post trump era, where people treat a subpoena, treat the rule of law, as if it's just another menu item that they can pick and choose from, and it's just preposterous on its face. where is the outrage from people that may have different philosophies of government or on policy, but always adhered to the rule of law. where are republican leaders who are seeing officials deny the authority of congress when those same officials in the past have so purposefully executed subpoenas and pursued subpoenas? sometimes in cases that didn't warrant it, but you know what, that's a different question. they were just as vehement -- >> well, you know where they are, some of the republican colleagues, they are saying it's a partisan witch hunt, if you will, borrowing a phrase from the former president. >> they can call it that and assign anything to the partisan witch hunt when it's too much for them to handle. what if it is a partisan witch hunt, and it's no doubt it's not, this is a search for facts, and they can say whatever they want but it doesn't give them the excuse to deny the function of the rule of law because it's not convenient for them or not good for what their political brand is right now, and what we have seen lately is the republican party has become the cult of trump, and because of that they decided they will do everything they can to protect trump, and wrap their arms around his ankles and let him drag them wherever he wants to. >> we heard the president speak about this later today, only 194,000 jobs were added and the expectations were around hatch a million jobs. the president said progress is being made, but are you satisfied with the job growth there? >> i am not satisfied, and that's why we need the infrastructure bill and the build back better bill approved, and workers should not have to choose between taking care of their kids and going back to work. simply having more support for child care and early childhood education is what is holding a lot of people out of the work force from going back to work. job growth over the last six or seven months has been good, but we don't like to see the numbers, we have an agenda to address it and we need to move forward on that agenda. >> real quick, and i am out of time, but on the spending bills we're talking about, and it all relates to speaker pelosi and in relation to the president's agenda, how confident are you congress will have a vote on both spending bills by the end of the month? >> i am confident we get it done, and hopefully by the end of the month. it's more important that we get it right than -- >> it sounds to me like you are previewing more like november, congressman? >> i don't have any information that says it's going to be later. all i am saying is i don't want to get hung up on a deadline we ourselves create, but i think we can get it done in the next few weeks. >> congressman kildee, thank you for coming back on the show. still ahead, misinformation online. most americans actually agree it's a huge problem. what they don't agree on is who to blame. a new poll just might change your mind on that. that's after the break. vesting,? 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your new pharmacy is amazon pharmacy. so president biden this afternoon taking the glass half full approach on today's disappointing jobs report, noting that the unemployment rate is at its lowest level. >> the unemployment rate is down to 4.8%, a significant improvement from when i took office and a sign our recovery is moving forward even in the face of the covid pandemic. >> okay. on the glass half empty side of things, however, only 194,000 jobs were added last month. compare that with the expectation of something like half a million new jobs. while the president pointed the 4.8% unemployment rate out, that happened for the wrong reason. jobs in the leisure and hospitality group as well as retail saw gains along with office jobs and government jobs took a big hit, especially hub schools. unemployment lower across the board, although it's still high for certain groups, 8% for black americans and 6% for asian-americans. i know you put out this note that said the overall jobs report is better than the headline, right? let's look at the headlines, where we saw the job gains and losses. i want to put that graphic up again. what is your take away on the government sector? >> well, we are improving and we have slowed. we also -- there's a big seasonal adjustment we usually see in september where hiring picks up by more than 1 million jobs in the education level, and many of the problems was that many of the schools that reopened were forced to close because of covid, and many restaurants have complained that they don't have staff, and many bus drivers sadly retired or succumbed to the virus during the covid pandemic, and so you really have shortages out there as well. all that said, what you said about the unemployment rate is also true. we should have seen woman participating more in the labor force because we saw that schools could not stay open and child care is less accessible and affordable than it was prior to the pandemic and already in a crisis before that, and many women, notably women of color that filled a lot of those jobs actually dropped out of the labor force in september instead of throwing their hat in the ring. we saw no increase in participation despite that millions lost their unemployment insurance and the supplements to unemployment insurance during the month. >> hourly wages were ticking up a little bit, 0.6% from august of 2021, and versus 4.6% from last september. >> certainly the wage gains are good news for low-wage workers getting their moment in the sun. that's important. we are seeing how fragile the gains are. the month to month momentum slowed significantly. we are really seeing the wage gains right now in the transportation jobs. it's going to be harder on workers that get automated out. >> thank you so much for being with us. much appreciated to talk through all of the headlines this afternoon. thanks. also breaking today, headlines about donald trump's d.c. hotel and its finances. the house panel investigating the conflicts of interest, finding that he provided misleading information about the finances connected with that hotel. donald trump reported a positive income, even though the hotel was suffering losses. there are other financial documents, and right before we came on the air for this show last hour i talked with democratic congressman from new york that chairs the house oversight committee. >> talk about the letter that you wrote to the head of the gsa, and there was interesting freezing on the d.c. hotel financials. any reason you called them misleading instead of false? >> they are misleading. two sets of books. one was for the public, and one for the private. the public statement said the hotel made over 150 million in revenue. but in the private financial disclosure documents that we received it showed that he lost over $70 million in revenue. so it was losing money, not making money. additionally it showed it was the epicenter of the foreign investment of the united states, and by our estimates they received over $3.7 million from foreign countries over a three-year period, but i don't disclose which companies and for what purposes, and if you break it down to hotel rooms, it would be 7,000 nights in the hotel. we need more documentation. this investigation is still very active. the committee is seeking additional documents from gsa, and we are an active litigation to obtain president trump's financial records from his accounting firm. it's only by understanding how they all of trump's conflicts of interests, we will can prevent future presidents from profiting off his president see. >> you talk about what is next for the committee, and you talk about seeking additional documents, actively preparing for litigation here and the legal battle. what else can you tell us about where this goes next and the timeline of what you think you might get from the gsa and when? >> well, to tell you the truth, this investigation has been going on since -- for years, since the very beginning of his presidency. we were asking questions as you were and others about the hotel and about the lease. this is the first time that we have received documents from the gsa, and it's not complete. we are an active litigation to get more financial records from his accounting firm, and we need to understand if there was any violation of law, although that's up to law enforcement to look at, but if the emolument clause of the constitution was violated that prohibits making a profit off of foreign governments, but we need more information. we are filing requests for more information. we are still waiting for information. the main point is that there is much more work that needs to be done. >> what about consequences here? what could the former president face? >> we are looking at legislation and public policy. the determination, if there was any violation is up to law enforcement, but first you have to get the documents. we have to get the facts. that's what the committee is working on. >> before i let you go i have to ask you about news that developed this afternoon. there has been plenty of it, but let me ask you about this new estimated from the january 6th select committee, the committee look into what happened on that day saying a couple of the former president's former aides are engaging with the committee, and one person, steve bannon, is not, and no word on the fourth person, dan scavino. what is your sense of the way things are going on that front? >> well, it's very important to get a clear picture to get the facts. that's what the committee is looking at. they have subpoenaed more cooperation and they are going to pursue that in every way they possibly can. i support the committee's work. it's important work. we are moving forward with that investigation also. >> congresswoman, thank you so much for being with us in what i know is a busy day. much appreciated. coming up here on the show, americans and misinformation. what a new poll says about who we think is responsible for its spread online. plus, heated moments at school board meetings across the country as administrators decide what to do about mask mandates. >> my child's education being held hostage -- plus, superior nutrition. because the way we care is anything but ordinary. ♪♪ spray, lift, skip, step. swipe, lift, spin, dry. slam, pan, still...fresh move, move, move, move aaaaand still fresh. degree. ultimate freshness activated when you move. what happens when we welcome change? 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(uplifting music) more breaking news this afternoon, this time on something totally different than what we have been talking about. this is related to the varsity blues trial. remember that? tom, give us the update here. >> this is the first case to go to trial. this was a charged case going back to march of 2019, obviously doesn't typically in cases like this they don't go to trial 2 1/2 years later, but the pandemic will do that. john wilson used to work at staples is venture capitalists, and two were accused of taking part in the schemes. this person, rick singer, he ran organizations that would make introductions to coaches at various schools and from that point they would pay, the parents would pay what prosecutors say was a bribe to singer and then would pay coaches to bring children of famous orwell they parents on on to the team, and in some cases it was not a way to play that sport, and it was a way to get them into the university of their choice. you remember the two most famous individuals who got tied up in this was felicity huff, and lockman. they were able to play taped conversations between the parents and springer in court, and that was pretty damning evidence and led to these guilty convictions here today. >> tom winter, thank you very much for that update. appreciate it, tom, as always. if you were to take out your phone and start scrolling through facebook or twitter, you probably know you would come across a lot of misinformation there, things that are false about things important, covid, vaccines, elections, you name it. if you are feeling that way, you are not alone. 95% of americans identified misinformation as a problem. where is the bad information coming from? only 2 in 10 americans worry they are the ones to blame for spreading it, and they basically think it's everybody else's fault but themselves. 6 out of 10 people think their friends and family are part of the problem, and republicans they think it's the government, and most think it's the platforms, social media giants. that last figure, we don't have a lot of lot of bipartisan agreement in washington nowadays. but what we ended occupy seeing on those capitol hill hearings this week about facebook were republicans and democrats joining together in pummelling facebook. to me, it seems we have had a kind of kumbaya moment at least when it comes to social media. hallie, we often talk about the medium is the message. this poll from the "associated press" shows that the medium really is the source of the problem, where people are pointing to social media companies, social media users. also, hallie, what was noted, they also think that politicians are responsible. but the one thing that this poll didn't really shine light on, hallie, was which social media companies, which politicians, which social media users. and so sometimes when we group thing in monolithic terms like social media is the problem. >> right. >> to be able to pinpoint who is really the bad actor here, the poll doesn't reveal that. >> it obviously, mark -- you know, talk about the impact that that has on politics, right? because we are talking about this as it relates to all sorts of information. we talk a lot on this show about political misinformation. there is obviously medical misinformation, et cetera. >> you and i are in the news business. how we end up gathering news and reporting on news is a burdensome -- you know, it's a tough job. think about being a news consumer that's hooked up to twitter and facebook and other news feeds and newsletters. how somebody actually consumes news today, that is a really important decision that someone ends up doing. how you end up consuming your news tells you a lot about your political choice, your political habits, whether you wear a mask, whether you have been vaccinated or not. to me, hallie, that information and misinformation is one of the biggest, you know, problems in our politics right now. >> mark murray -- that cannot be said enough. mark murray, thank you very much. thank you for walking us through that interesting poll. misinformation has played a role in the virus pandemic particularly when it comes to debates over making, issues over vaccines n. some parts of the country it is getting very heated in places that are putting mandates into place. in tennessee, where cases are still high, a battle over masking in schools is still going full force. nbc news was inside a knox county school board meeting this week. wait until you hear how it went. >> having my child's education held hostage for an agenda is not right. if we do not have a mask choice belose autonomy over our bodies. >> as my son puts it, it is a concentration camp he goes to eight hours a day every morning. >> seg dwrating and waiting until they finally break to finally get them in a mask. what does that show your children. >> hmm that came after a federal judge said there would be no opt outs to the down's rool on mask wearing in the schools. i want to bring in cal perry who was at that meeting in tennessee. this was remarkable sounds from parents. you have been talking from people there. what else are you hearing as far as how divided this community is? >> you heard intentionally inflammatory language. that's what what was happening. masks was not even on the agenda at this meeting. to give you an idea of how politicized of an issue it is in tennessee. the federal judge mandating masks in schools has a lot of people upset. and has some people happy. here's reaction to that town hall meeting. >> it is so enraging, frankly, that they have endangered bison, my family, my vulnerable relatives. after all that sacrifice of last year during the pandemic. so -- >> you feel let down? >> absolutely. >> a piece of cloth is not something to argue over when you are talking about somebody's life and the effect it can have on your family and your community. >> a number of thing are fuelling this, right? one of them is this basket and forth from the school board. initially they said it would require masks then ruled against them. and sprinkle disinformation out here and it is fuel to the fire. last thing i would add, this suspect just happening in tennessee. governors are signing executive orders either being deemed unconstitutional or not in good faith. it is getting people fired up on the divisive issues, vaccines, masks. people here are upset. part of what they are upset about here in the ten is the uncertainty what have is going to happen. >> those governors who have had the mandates struck down, is he backing down? >> he is doubling down. we are seeing it in florida n arizona, republican governors doubling down trying to push through what they view as their policies and really pushing back against the courts. >> cal perry live for us in tennessee. great to have you on the show. thank you very much for that reporting. appreciate it. thanks to all of you for watching this hour of hallie jackon reports. what a friday. what a day every day. find us on twitter @hallie on msnbc. "deadline: white house" starts after this quick break. "deadline: white house" starts after this quick break ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ shingles? camera man: yeah, 1 out of 3 people get shingles in their lifetime. well that leaves 2 out of 3 people who don't. i don't know anybody who's had it. your uncle had shingles. you mean that nasty red rash? and donna next door had it for weeks. yeah, but there's nothing you can do about it. camera man: actually, shingles can be prevented. shingles can be whaaaat? camera man: prevented. you can get vaccinated. baby, call the doctor. camera man: hey! you can also get it from your pharmacist! 50 years or older? get vaccinated for shingles now. as i observe investors balance risk and reward, i see one element securing portfolios, time after time. gold. your strategic advantage. when you really need to sleep you reach for the really good stuff. new zzzquil ultra helps you sleep better and longer when you need it most. it's non habit forming and powered by the makers of nyquil. new zzzquil ultra. when you really really need to sleep. ♪ ♪ ♪ ♪ just two pills for all day pain relief. aleve it, and see what's possible. subway® has so much new it didn't fit in our last ad. like the new app with customization, curbside pickup and delivery. there's so much new, we don't even have time to show you who's holding this phone. bet you don't treat brady this way. come on, man! you clearly haven't seen the other ads. it's the eat fresh refresh™ at subway®. hi there, everyone. it's 4:00 in new york. break news this hour. president biden's white house setting the stage for what's been described on this program as a political showdown to enall political showdowns. formally declining donald trump's request to exert executive privilege in order to withhold a massive batch of key documents from the january 6 select committee. in a letter to the national archives obtained by nbc news, white house counsel dana reamis writes, president biden has determined that an assertion of executive privilege is not in the best interests of the u.s. white house press secretary jen psaki stressing that point in a press briefing just over an hour ago. >> it was in many respects a unique attack on the foundations of our democracy. the president is dedicating to ensuring something like that could never happen again, which is why the administration is cooperating with ongoing investigations, including the january 6th select committee to bring to light what happened. as a part this process the president has determined that an assertion of executive privilege is not warranted for the first set of documents from the trump wh

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