Transcripts For MSNBC Stephanie Ruhle Reports 20240709

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yet another turn. a federal appeals court reinstating the six week ban after it was paused for just two days. but we do have to start with breaking news in the fight against coronavirus. drugmaker merck just asked the fda tore emergency use authorization of its new antiviral drug. the pill taking when symptoms the start cuts the risk of hospitalization and death in half. meantime the battle over vaccine mandates is escalating. the nation's largest sheriff's department in l.a. will not enforce a vaccine mandate saying enforcing such a mandate would result in losing as much as 10% of its workforce. it's not just l.a.. the battle has erupted in seattle, tucson and right here in new york city. then at the same time you have hundreds of thousands of u.s. service members remaining unvaccinated or only partially vaccinated as the pentagon's first vaccination deadline of november 2nd, fast approaching as well. 90% of the active duty navy is vaccinated but just 70% of the air national guard is. that battle raging from hospitalization to deaths. the good news here all pointing in the right direction. . dr. anthony fauci with this message for parents. >> go out there and enjoy halloween as well as the other holidays that will be coming up. >> yeah. some good news for some parents and kids around the country. kerry sanders is live for us in florida. then we have a doctor, former obama white house policy director. dr. patel, i want to start with you and the breaking news we're seeing from merck applying for emergency use authorization. this could be a real game changer when it comes to treatments. how does it change the landscape for this pandemic? >> it offers us an incredibly easy oral formulation of an antiviral. what the fda advisory committee will have to think about is having someone who has had a positive test and within five days of symptoms possibly and they can take these pills and it can literally cut the death and risk of hospitalization in half and i want to make a point that was a largely unvaccinated population. so if you have vaccinated individuals who then have one of these break through infections, this is a complete game changer and merck is ready to produce 1.1 million doses. think about a winter we don't know what we'll be face. vaccination best protection. unvaccinated individual and get an infection this can be your first line of defense and avoid a hospitalization all together. so that's critical. >> so you talk about this came approaching winter. we still have kids under 12 that aren't vaccinated. that might change in the next couple of weeks. even that changes you'll still have kids under 5 not vaccinated. can they take this pill? >> no. this study was done on a group of adults. children and pregnant women those were populations not included. children, adolescents and pregnant women. you're talking about an incredible vulnerable population because they won't be vaccinated and pregnant women are not getting vaccinated at the rates we would like. i would suspect that's down the line. there are risks with this drug in possibly in birth defects and other things. that will all be things that will be discussed but hopefully have that option this year for adults. >> kerry sanders let's bring you into the conversation. we've been watching cases rising in florida for quite some time but we got some good news coming out of that state. significant drops in cases and hospitalizations. talk us through this. >> reporter: it's really good news. the last two weeks we've seen a 53% drop in the number of new covid cases. if we look back to the height in august, there were 23,000 new cases every day. now we're down to about 3800 every day. not only is this good news, it's progress, it's what people have been waiting for. this is what a doctor had to sway a little explanation as to how this is happening. >> we were mindful of following the science, right? we gotten a lot of people vaccinated. in fact, if you look at the numbers of miami-dade in comparison to the rest of florida we're more effective of getting our population vaccinated. we had our children in cools wearing masks. we had the community be in general much more mindful of the scientific realities of this. >> reporter: so this is not only good news, of course not like you can say this is the silver bullet but more people getting vaccinated, more people wearing masks out when they need to be in areas around other people and then schools improving the ventilation. >> doctor, kerry sanders said it right there. it's not necessarily the silver bullet. we've been here before. we've been in this situation before where we've seen hospitalization cases go down and then gone subsequently back up. cases are still rising in the plains. at this point, from your estimation, how cautious do we still need to be? >> i mean we need to be cautious in the sense that we still haven't achieved the vaccination rate that can give our entire country much less the globe a sense to relax standards. but i think to point to about halloween and the upcoming holiday physician you're in a vaccinated household and visiting people to and from mostly vaccinated households, children included in that you do have the ability to be safe and you can relax that caution. i encourage people to do that so we can achieve closer to normal than we ever had before. >> i think a lot of folks are like the cautious optimism we're hearing from dr. patel today. a lot of us quite exhausted by the negativity but i'm sure that will come back around eventually. not from you but across the board. steve, what's happening, the battle happening in los angeles right now. >> reporter: well, just as you said earlier. the l.a. county sheriff, the sheriff of the largest sheriff's department in the united states refusing to enforce a vaccine mandate for an 18,000 member force, 10,000 on the street, 8,000 civilians. remember they serve 10 million residents here in l.a. county and he says he simply cannot afford to lose any more boots on the street. he said that's due to cutbacks to his department, targeting cutbacks including hiring freezes and blames partially the defund movement here in the united states. remember, this is not first time he's been obstinate in the face of a covid mandate. back in july he said he refused to enforce a covid mandate for l.a. county as well. here's what he's saying about this current mandate and listen to him at a town hall. >> i'm not forcing anyone. the issue has become so politicized. there are entire groups willing to be fired rather than get vaccinated. >> reporter: the lapd may be dragged into this battle as well. they have have an 20kth deadline for all city employees to get fully vaccinated as well. somewhere around 30% of the force that have not proved their vaccination as well. >> all right. kerry sanders, steve patterson, thank you. dr. patel we have the same fashion sense in choosing maroon shirts. great to see you. want to get to developing news a wave of flight cancellations hits southwest airlines on this holiday weekend. take a look at these lines in denver, stretching on the second floor as thousands of people waited hours to rebook cancelled flights. that must have been frustrating. 2300 southwest flights were cancelled or delayed just yesterday. more than 600 cancelled or delayed so far today as well. that number, obviously, could be climbing. sam brock covering this for us at miami international airport. >> reporter: denver has had it rough. other airports where southwest has a major presence experiencing this. there's been cancellations across the country. at this moment about 350 cancellations and 350 delays. that's according to flight aware for southwest. that's about 20% of all of the airlines flights that are either cancelled or delayed. this is today after a full weekend of cancellations. 1800 plus over the weekend. the reason that southwest has the problems, severe weather in florida on friday compounded by air traffic control issues. we interviewed other experts look at the other airlines, whether it's american, jetblue, spirit, they had a fraction of the cancellations. here's one passenger in laguardia, new york with regard to what she's saying. >> they told us there was no flight crew. yeah. no flight crew. they said there's no -- we one. i know a lot of flights are cancelled. i'm not blaming thing the agents. they have a tough job and everything. but they don't make it easy. >> reporter: the faa responded directly to this over the weekend and said there were no staffing shortage except for a small window on friday. the faa takes a slight dig at southwest by saying there are some airlines quote-unquote continuing to experience scheduling issues because their crew and aircraft are not in the right places. if that's true or not, there's differing narratives as to what's going on. last thing i mention the pilots association for southwest asked the court to step in and block a mandatory covid vaccine mandate. the union said that has nothing to do why they didn't have enough staff this past weekend but obviously speculation online. back to you. battles happening across the board when it comes to vaccine mandates. coming up, everybody, trump allies blowing right past that deadline to respond to subpoenas from the committee investigating january 6th. we're going to ask one of the committee members, congressman jamie raskin what they plan to do about it. plus a navy engineer accused in a plot to share our nuclear secrets sent by a peanut butter sandwich. yep, a peanut butter sandwich. stay right there, that's coming up. ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! 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>> chris, i've been very clear from the beginning. if you look at the numbers they didn't follow their state passed laws that governed the election for president. >> you think the election was stolen >> what i saided there are states that didn't follow their legislative set rules. >> the last time paranoia miss do you think the election was stolen or not? >> it's states that did not follow the laws set which the constitution says they are supposed to follow. >> reporter: now this bears repeating, all of the states certified their election results through election officials and governors. many have republican election official, many have republican governors. it's a quiet week on capitol hill bath very important week for this committee because their ability to enforce these subpoenas will set the tone in terms of whether future potential hostile witnesses feel a need to comply or feel they can get away with it. >> i'll be asking about that scalise sound. pete williams, talk to us about executive privilege. friday we know and we came to learn at that point that the former president wanted to exert executive privilege. the biden administration essentially said no way not happening. but that's not the end of this. >> reporter: no, it's not. the president did formally assert executive privilege as to the documents that were requested by the committee earlier, and the white house said the president does not believe the executive privilege should apply. that's not the end of the matter. it weakens the former president's claim, but the supreme court has never formally straightened out how this works when the information president exerts executive privilege who gets the upper hand. the biden white house does not have the on/off switch here and have to be decided by a court. as for the enforcing the subpoena, if the house were to vote and find that people who don't abide by the subpoenas in contempt then it would be referred to the u.s. attorney here in washington for possible prosecution. i can tell you that seldom happens but usually because this is a dispute between the congress and somebody who is currently in the government and courts say this is a political dispute, you work it out, it's not a judicial question. it's different when you're a former official and that's why i think these former officials who say we won't comply by the subpoena may face greater danger here. >> let me expand on that. i want to read for folks a tweet you wrote, talking about the convoluted process that pete williams just laid out for us. you wrote this. documents are one the thing. subpoenas call for the four witnesses to physically show up to testify. they won't and that's illegal but what process required to establish looks labrynth and time consoomg. what's the likelihood you think the committee will do a criminal referral here? >> if they do a criminal referral is likely, they will get a criminal prosecution is unlikely. two different points first. pete is right, supreme court never decided it but we only have one president at a time, only one person who is sworn to take care when they decide the only right answer is the current president, if he asserts there's no executive privilege as to trump. on the other hand, and what that means, by the way, they don't show up when required, to it's a crime. but as pete also says it has to be referred to the u.s. attorney and there's policy and practice and a formal opinion that says hey we're not going bring a crime against a member or a former member of the executive branch. that's not what we do, we won't get into that business. if they told that policy then its check mate not with standing that it's a crime and they are wrong. but in any event, it will take time to work out in the courts and there's the very real prospect that even though they are wrong they can play out the clock and that would be deeply unfortunate. so, harry, what other tools do they have in their tool box to obtain the information? >> two. not great ones. what we saw during the impeachment a civil contempt proceeding that goes to the courts. that takes a long time. a so-called inherent contempt which hasn't been used in 100 years. their best bet and you'll hear from congressman raskin soon, is that they refer to the department of justice and at least to say bannon who hasn't been in the executive branch for years. the other best bet people who are cooperating like meadows will give them enough to go forward even without these witnesses. >> thank you for that segue to my next guest. i do want to bring in as harry teed up for me quite expertly democratic congressman jamie raskin a member of the january 6th committee. congressman, thank you for joining us on this holiday. listen, the million dollar question here congressman is what your going to do about it? what's the committee going to do about it with these subpoenas? >> well, a subpoena from congress is a legal order. we don't view it as an optional order or discretionary. it's like a court order. americans across the country should ask themselves what they would do if they had a subpoena to turn over documents or materials or appear in court. they would go or understand the marshals would show up at their door the next day. so the chair of the committee, mr. thompson, has said we'll make criminal referrals for people who are defying a lawful order of the u.s. congress. and we believe that all of the equities are on our side in this matter. this is a question of the utmost and gravest national importance. there was an attack on the u.s. government, on the u.s. congress. more than 140 of our officers were wounded or injured in this violent insurrection which delayed the counting of presidential electoral votes for the first time in history. it couldn't be a more graver issue. none of they people have any arguments. steve bannon had been fired from the executive branch of government back in 2017. he wasn't working for the executive branch. so even if you assume hypothetically that donald trump has some kind of executive privilege, how can that extend to steve bannon? he's completely exposed. remember, susan mcdoughal spent 18 months in jail because she refused to participate in the whitewater investigation when she was one subpoena. does the law only apply to democrats? i don't think so. it applies to everybody including former presidents who are facilitating violent insurrection against the union. >> i'm trying to nail down what is it you're telling me. i'm wondering to ask you again, congressman, your going to be issuing a criminal referral this week when it comes to someone like steve bannon who at this point has ignored subpoena from the committee. >> it's totally twin discretion of the chair of our committee, chairman thompson. but he said we'll issue criminal referrals if people violate the law. it hasn't happened yet. we're still waiting for them to come and testify. maybe they will bring the documents with them. if not this is not a game of cat and mouse or hide and seek. this is the united states congress demanding their compliance with an consolidation that goes the right the heart of american democracy and maserati. when executive privilege has been invoked before the court weighed the public's interest in full disclosure of the truth against some hypothetical and gamal abdel nasser rationale for not turning it over. here it's both on the same side demanding the disclosure of these documents and testimony from those subpoenaed. >> i'm sure that you're speaking with chairman thompson about this. what is your understanding of what he will decide to do in the coming days when it comes to the january 6th committee. i want to read to you a tweet from a viewer who was responding to harry. establishing the legality and consequences of ignoring a congressional subpoena is paramount. arrest those who ignore the subpoena and let them fight the legalist it. democrats use the power because do you. what would you be advising the chairman when it comes to issuing a criminal referral for those choosing to ignore the subpoena as they already have done. >> i'm advising the deployment of the full enforcement powers of the united states congress. that includes criminal contempt powers. civil contempt powers. that's what was used against susan mcdoughal who spent 18 months in jail who refused to comply during the clinton investigation. as well as the inherent powers of contempt of congress back in 1821 in a case called anderson versus dunn. supreme court found congress has the same power as the supreme court or any court in the land in enforcing its orders. we'll receive these documents are received by the united states congress which is a representative of the american people. people govern here and no one is above through, not a president, not the former president or fellow colleagues of the president. >> americans want to know if you don't get the information you need, because of these subpoenas from these individuals will you be issuing a criminal referral this week? will it be happening. >> i'm not making myself clear. i was head of the impeachment manager during the imimpeachment. i'm not the chair of the january 6th committee so it's not up to me. it's up to chairman thompson. ask him. i can guarantee you he's absolutely determined to see that we get all of these subpoenas enforced. >> let me play that again. there's this idea by issuing a subpoena you basically have to then follow up with some of these tools to issue a criminal referral. at the end of the day, right, the motive here is the end game here is to get the testimony from these individuals. is there an argument to be made that you not issue subpoenas and instead ask them to appear in front of the committee to make sure they actually do, instead of going about this kind of back and forth fight over the legality of these subpoenas and, of course, the former president trying to issue executive privilege here or claim executive privilege, i should say. >> the courts have always been clear that congress in terms of setting dates and times for people to come and appear and testify and chairman thompson is nothing if not flexible and understanding. but he won't be patient for people who think they can defy the united states congress and trample the rule of law. that won't happen. somebody can show up thursday at noon and need to make it friday at 9:00 a.m. i'm sure he'll be tolerant of a request like that. but for someone who thinks that donald trump and any of his friends are immune to the rule of law, i know chairman thompson and vice chair liz cheney will not accept that. we got powerful bipartisan acknowledgement that we'll get all the information we need in order to deliver a comprehensive report to the american people about this attack on the peaceful transfer of power in our country and on the 2020 election. >> congressman jamie raskin, thank you for rolling with us. we appreciate it. thank you. coming up, everybody, the battle over that restrictive abortion law in the state of texas taking another turn over the weekend. the big question is what happens now? 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>> well, it means that effectively abortions are nearly completely banned again in the state of texas. last week the district judge and the district court in texas said he would put a temporary injunction on that allowing the through be prohibited. now we have this appeals court which is arguably the most conservative in the country saying no, in fact the law can go forward. it's actually rare that any woman would have been able to gate proceeded did your in the meantime because the way the law was written anybody who performed a abortion while the law was on hold could be liable. it tees it up to go to the supreme court. now we can expect the justice department have to respond by october 12h. very likely they will appeal to the supreme court which means this case, a mississippi case and a kentucky case will all be on the docket coming soon. so it's very clear that one thing is for sure, but by the end of this year we should have very little gray area where this court, the supreme court stands on the issue of abortion. >> so we'll be watching for a lot of developments tomorrow especially with that response from the department of justice going back to the appeals court. joyce, julia brought up this idea of retroactive action. i spoke to amy from whole women's health. and the they had actually resumed abortion services during that four hour short window. how vulnerable does this now leave them once again? >> so under the texas law they are vulnerable to a lawsuit by any vigilante, any place in america who wants to sue them for aiding and abetting in an abortion that occurred during this temporary period where the district court had blocked sba which technically permitted clinics and doctors to go back to performing abortions. that's exactly the goal of this texas law. it's to create so much risk and so much uncertainty that people are afraid to exercise their rights. because unless and until the supreme court either reverses or guts roe v. wade, abortion is legal in this country. people are entitled to obtain them. what's so particularly heinous about the texas law it sought to deny that right even though it exists. >> i tell you, i spoke to a texas right to life as well over the weekend and i asked them if they would pursue any kind of legal action against women's health and they said to me, in a way more of a threat of the action, which is what they want to maintain not necessarily formally pursuing the action. julia, joyce, thank you. appreciate it, guys. coming up negotiations intensifying over massive spending bill that is key to biden's agenda. but what are democrats cutting and what are they keeping in? 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>> reporter: the details are hundreds of billions of dollars worth of spending on a variety of different programs. the deadline for trying to complete at least the top line number on this to unlock a vote on the other infrastructure bill would be the end of october in an ideal world for democrats and as i sit here today they are just not there. there's still significant disagreement primarily on. the senate side between joe manchin and everyone else, possibly kirsten scinma. joe manchin want to see targeted programs, means testing, aim these programs at people who need them the most. that's controversial within the democratic party because what it means to be in the working class or middle class can vary from place to place and so that's part of the challenge that democrats are trying to work through as they even come to a top line price on that larger human infrastructure bill. >> nothing is more accurate. jeff let's talk about the bill what's in it. i want has climate change measure, child care programs, free community college. take a listen to this. 29% of americans, only 29% i should say know what's in it. the president now we know at this point wants to make about it the policy and not necessarily the price tag, though that's incredibly important. how does he do that when there's not a significant amount of americans that actually know the details of this bill? >> it's tough. this white house acknowledges that. they know most people know more about how much this plan costs. most people know more about the process of getting it passed than know what's in it. the white house do take some comfort in the fact that as they see it, this gap is narrowing. this debate among democrats a couple of weeks ago you the progressives calling for $3.5 trillion in social spending and you had folks like joe manchin calling for 1.5 trillion. now the white house said democrats on both sides have settled somewhere in the $2 trillion range. the question becomes when you whittle down that top line number how do you do that? the white house hasn't settled on how they wish to do that. do you hope for a couple of things on that list and fully fund them or do what progressives are calling for, put everything on that list into this bill but you basically sunset them earlier as a way of putting down that top line number. democrats have said, you know, picking one or two of these things is like trying to pick your favorite child. so if you include expanded pre-k do you leave out climb change provisions? and there are democrats who don't want to do that. it's a tough debate that's happening. the white house is up against the clock here. >> up against the clock once again. thank you both. great to see you guys this. coming up, everybody, a navy engineer and alleged espionage plot, nuclear technology, and a peanut butter sandwich, they all come together for a story how far to hear to believe. that's coming up next. ext. no. nope. no way. but then helen went from no to know with freestyle libre 14 day, now she knows what activity helps lower her glucose. and can see what works best for her. take the mystery out of your glucose levels, and lower your a1c. now you know. freestyle libre 14 day. now covered by medicare for those who qualify. ♪ limu emu & doug ♪ freestyle libre 14 day. got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ all right. so to a story sending shock waves across our intelligence community. a navy engineer arrested for trying to pass intelligence about navy submarines to a foreign agent, allegedly with a peanut butter sandwich and now his wife's accused of helping him, as well. ken dilanian has been digging into the story. ken, it is a remarkable story. the details are amazing. what was this couple actually trying to sell? >> yeah, yasmin. the complaint says they were trying to provide and they did provide blueprints for the virginia class submarine, which is a nuclear-powered sub, armed with cruise missiles that incorporates the latest, according to the complaint, in stealth intelligence gathering and weapons system technology. now, these subs cost $3 billion each, and the designs of the nuclear reactors that power them are among the most closely guarded secrets in the u.s. military. this is the same technology that the u.s. is providing to australia, as part of that new security alliance aimed at china. i have to say, yasmin, this seems about as open and shut a spy case as i've ever seen. the complaint says a package of materials was sent to officials in an unnamed third country, offering u.s. defense technology, and that the fbi in that country obtained the package in december 2020. a lot of experts are reading that to suggest that the country was a friend rather than an adversary, and turned the package over. the result, though, was that the fbi was able to launch a sting operation and convince the couple to leave sensitive data in remote locations in what are known in the spy world as dead drops. and as you said, in one of those dead drops, according to the complaint, he left a digital memory card wrapped in plastic inside a discarded peanut butter sandwich. the couple was arrested saturday in west virginia and scheduled to appear in federal court tomorrow, yasmin. >> what are the consequences if they're found guilty, ken? >> so these are extremely serious charges, because this involves nuclear secrets. these charges carry a penalty of life in prison. and while this spy plot seems like something out of a comedy, this could have enormous consequences for this couple. he was a navy nuclear engineer for ten years, she was a teacher at a private school, they reportedly have children. one remaining mystery here, yasmin, is that the complaint does not give a full picture of their motive, although it's pretty clear from their own words that money was certainly part of it, yasmin. >> huh. ken dilanian, thank you for that. appreciate it. coming up, everybody, a sign of hope and recovery after more than two years, the boston marathon is back. we're going to go live along the route, coming up next. we're going to go live along the route, coming up next. lisa here, has had many jobs. and all that experience has led her to a job that feels like home. with home instead, you too can become a caregiver to older adults. apply today. you too can become a caregiver to older adults. before discovering nexium 24hr to treat her frequent heartburn... claire could only imagine enjoying chocolate cake. now, she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? ♪ i'm a reporter for the new york times. if you just hold it like this. yeah. ♪ i love finding out things that other people don't want me to know. mm-hmm. [beep] i just wanted to say... ♪ find yourself in these situations and see who you are. and that's just part of the bargain. ♪ ♪ ♪ and that's just part of the♪ ♪rgain. just two pills for all day pain relief. aleve it, and see what's possible. right now, for the first time in 30 months, the boston marathon, it is back. the race started about an hour ago after being postponed twice because, of course, of the coronavirus pandemic. but now, health experts are calling it a sign that we are turning a corner on covid. jack brewster is at mile 22 on the race route. shaq, i've run that marathon before, mile 22 is around heartbreak hill. it's everything it claims to be. this is such an exciting day for the city of boston and really the country as we watch this marathon. how are folks feeling on the ground there? >> they're feeling excited. and i'm very impressed that you ran that marathon. i was just saying, i don't understand fully the concept of marathons and the excitement that people get running the 26 miles, but you feel a lot of excitement here. this is an event that's huge for this city. people take time off for it and it's been absent for well over two years. and look, things are looking much different than when you ran it several years ago. there's fewer racers this time around. there's a reduction in how many people are out here racing. there's also a staggered start time. so you're not going to have that density that you normally have during marathons like this. and each runner is required to have that proof of vaccination or that negative covid test. but you have so many people saying, despite those restrictions, despite the new rules this time around, they're just excited to be back at it. listen to what we heard from them. >> i never thought i would ever have a spring without boston, now it's been two. so here we are, in the fall, and it's really exciting, nobody's ever done this before. >> i went to school in this area, so it's always been a goal of mine to run the boston marathon, so i just know that the energy was always amazing, so i'm excited to be a part of that. >> so you have people definitely coming out, and that was somewhat of a concern. and it's a cooler day today, you'll know better than most, that's what runners prefer, the cooler day, the sun is not out, it's not beaming out as much as it would be for runners. so it's an easy run if you find 26.2 miles easy, yasmin. >> easy, it is not, my friend. you and i, tomorrow morning, 9:00 a.m., training run. what do you say? let's do it. shaq brewster, thank you so much. >> reporter: uh -- uh -- >> get started, my friend. start putting those miles in. by the way, you can watch the marathon all day on nbc sports and peacock and a replay will air at 8:00 p.m. eastern tonight on the olympic channel. that wraps up the hour for me, everyone. i'm yasmin vassoughian in for steph ruhle. jose diaz-balart starts the coverage right now. good morning, i'm jose diaz-balart. another potential game changer in the fight against coronavirus. merck asks the fda to authorize the emergency use of its experimental viral pill to treat adults. more flight cancellations more southwest airlines, as the carrier struggles to deal with passengers stranded after thousands of flights were canceled over the weekend, more than 600 canceled today. and latinos are not onl

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