congress but will the justice department prosecute, we are also following a number of developments this morning with the coronavirus. cases across are dropping and vaccines are set to become available to children in the coming weeks, dr. anthony fauci will be our guests on that. the latest of the new variant that's causing concerns in the u.k. we'll go live on buckingham palace. and life to beijing for taking steps in the nba for comments of one of the league's players. a lot is happening. joe is off but we start with breaking news involving actor alec baldwin. >> yes, this is a terrible story. yesterday new mexico, alec fired a prop gun that killed a woman and injured a man on the set of the movie "rust," the director of the film was injured. >> reporter: alec baldwin was an actor and producer on this movie project, the film calls "rust" supposed to be continued shooting in new mexico. a shooting from a prop gun discharged by the 68-year-old baldwin, it hit the photography helena hutchins where she died and susan was taken to the hospital where she was treated for her injuries. production has been halted for the time being, the safety of our cast and crew remaining the top priority. the santa fe new mexican newspapers reports that baldwin was seen outside the sheriff's office in tears. no charges have been filed and more witnesses have been questioned and what looks now to be a tragic accident. >> still a lot of questions here, mika, how a prop gun on a movie set was capable doing this. most prop gun used in movies and plays don't accept live ammunition. how the cinematographer ended up killed. >> just horrible, we'll be following that. we'll keep you up to date on the latest. now to politics in washington, d.c., the house voted to hold steve bannon in contempt of congress, the final tally was 2-29 to 22. nine republicans broke with their party to support the solution. seven of them previously voted to impeach donald trump. she spoke to reporters yesterday and explained her vote. >> i want the power to subpoena when we start to investigaing some of the crisis that's facing the biden investigation right now. there are a lot of things i am going to want to investigate when we are in the majority we are not doing right now. >> the house select committee, benny thompson, congresswoman liz cheney, cheney called out her colleague since specifically minority leaders kevin mccarthy during her remarks. >> my colleagues and the republican party, the republican members of this body have to understand, have to recognize that there is a moment when politics must stop if we want to defend and protect our institutions. a violent assault on the capitol to stop the constitutional process of counting electoral votes is that moem. they all knew that on that day. in fact, the minority leader himself stood in this chamber and says "the president bears responsibility for wednesday's attack by mob rioters." he should have denounced the bob when he saw what was unfolding. mr. mccarthy was right then. the president bears responsibility. >> everyone sitting in that chambers know what liz cheney saying is true, so many republicans voted against this matter heads to the justice department, nbc news correspondent pete williams explains what happens then. >> the justice department says it will apply the feedbacks and the laws in deciding of steve bannon. here are some things prosecutors are likely to consider. the evidence is strong. he's clearly refusing to comply with the congressional subpoena and there is a substantial federal interests in making sure that people do comply. bannon's lawyer says he's refusing because donald trump is asserting executive privilege. that under cuts trump's claim. there is the fact that bannon was not in the government around the time of the capitol riot. those are factor to weigh in favor of the prosecution. >> on the other hand here are some factors to consider against charging him. al former president does have some claim of executive privilege and the courts never clarified exactly what level of privilege former president claimed but it's not zero. the justice department taken the position that the privilege applies to a president's conversation with people outside the executive branch. getting a conviction requires proof that somebody acted with improper intent. a good faith relies on the advice of council is a completely defense to a criminal contempt charge. there is a matter of precedent. the justice department prosecuted dozens of people for con testimony of congress but never done it in a case involving. prosecuting bannon could set a precedent to contempt charges in highly politicized cases and that's an institutional consideration for the justice department. willie. >> pete williams with a great break down there. here is what attorney merrick garland said yesterday. >> the senate plays out with respect to the executive branch, the house of representatives vote for referral, contempt charge. the department of justice will do whatever it does and apply the facts and laws. >> let's bring in anna palmer and katty kay, eugene robinson, good morning to you all and i will begin with you. let's go back to the votes in a moment. you cover congress closely, 229 to 202, nine republicans voting in favor of contempt. did any of those votes surprise you? >> yeah, you played some sound earlier of nancy mace, that was interesting that she worked for donald trump before she was a member of congress and there is fitzpatrick, republican from pennsylvania, the key district there was surprising by most folks to the fact that he voted for that. other than that, a lot of these members were folks that you would expect. you had obviously miss jeannie is voting for it and you had anthony gonzalez, a republican that's retiring. there were not a ton of surprises, only nine republicans voted for this. those are two that really stuck out to me. >> sam stein, not going to debate right or wrong here, some of it seems quite obvious but it appears that pete williams was pointing out some of the weak spots trying to drag steve bannon out to testify and that would be the issue of executive privilege. yes, he was not working for the white house. >> yes, he was not a white house official and arguably pete noted, those are the arguments that he should be shielded from contempt here. the fact that nine republicans in the house voted to enforce the subpoena, i think if you look at it, circumstantially, this is attacked literally on the capitol, on the place of work. members of congress were directly threatened by the insurrection and on top of that they have an institutional prerogative to enforce their own subpoenas. you can only find agreements with nine republicans suggesting that we are in a deeply split and partisan era. nothing cambridge and if this can't bridge that divide, it's difficult to think of something could. i find that nine to be some what stressful. >> right, it begs the question what this all means in the big picture in terms of the future of our democracy functioning. while this is all happening, of course leaders on capitol hill is trying to hammer out the spending bill. joe manchin of west virginia is warning his caucus. >> hey, this is not going to happen any time soon, guys.cons. we are in framework mode now. >> jean robinson, your latest piece from "the washington post" entitled criticisms of democrats of negotiations and misses a bigger issue. republicans absent from governing and you write in part this, nobody said life was fair but this is ridiculous. democrats are getting pilloried for struggling to do big and important things. this is not the way our government is supposed to work. it does not give any of our elected representatives the right to simply ignore the work. they were elected to do. and the gop should be called out for putting political gamesmenship. which political tribe wins and which loses? if many voters are angry or disenchanted, who can blame them? jean, i would argue that it's still trump republicans and republicans who forever ignored the attack on the capitol who are lumped in this group of people who don't want government to function. >> this all spells bad news for our country. >> this certainly does. we are talking about the hard core of trump republicans and true believer, political ideology and such that you can call it that. but, also what we used the think of is mainstream republicans who are going along with this program, the sole aim of keeping their heads down so donald trump does not attack them and number two trying to regain power for their party in both chambers of congress and ultimately the white house and yes, that's kind of what politics is about on one level. they are elected representatives and they do have, they did swear oaths and made promises to participate in the governing of the country and they're not willing to do that even on the most elemental levels and so you know i was one of those frustrated voters i guess yesterday. and you know, yes, democrats are having a hard time. they are pulling back and forest. that should not be acceptable. it should not be acceptable to the american people. >> and anna, because of that reality, the republicans are obviously not going to help out with this massive piece of legislation and progressives are getting frustrated hanging every word of kirsten sinema. joe biden made some news last night when he said for the first time we have to look at altering the fill bster, something he said he didn't want to do and didn't like the precedents. he didn't want to change the norms of the way congress worked. now he's looking at this and he would be open to it at least. do you think that's the way he's going to go where there is no filibuster used to get this huge piece of legislation through congress? >> it certainly made news last night but no, i don't think you are going to see the senate move to change the filibuster any way at this point. it's not just manchin, sinema opposed that. there are a handful of democrats who are in that camp. i think just frustration which is clear on this package, we are reporting this morning that not only the white house is trying to get a framework in place, they now have a vote as soon as next week on both the bipartisan infrastructure deal and reconciliation. that's what they are pushing towards at this point trying to force any kinds of action because they realize this is the key to joe biden's first term agenda which is quickly slipping by and they don't as much as positive moments, they have not been able to come together on a lot of those core issues that they have to when it comes to reconciliation bill. >> katty, what are democrats going to have to do to get this done if they are dealing a complete wall and republicans who won't participate and also with the backdrop of congressional republicans and many senate republicans, not even agreeing of the attack on the capitol. they got the keep the democrats on board. president biden said last night when you have only 50 senators in the democratic party up on capitol hill, every single one of those senaors is a precedent. he called them a friend but he was open about his frustration with manchin. the president wants to get this done before he heads to europe for the climate change conference. it will be good for him to leave with this already done. once he's out of town, some of the momentum does go out of this then he's not here on the phone to these people to these wavering democrats all the time. the biggest debate is still over what you cut and there is not consensus from my reporting from the white house over what has to get cut. do you cut everything just a little bit and they'll have to figure all of that out. >> all right, katty, anna palmer, thank you. still ahead on "morning show," a new cdc recommendation opens the door for moderna and johnson & johnson recipients to get a booster shot. we'll talk to dr. fauci about that development. plus, what the timing looks like for improving vaccination for young children. queen elizabeth was hospitalized this week, we'll go live to london for an update on her health. new episode of joe's podcast is out now. joe welcomes his musical heroes r.e.m. to celebrate the 25th of anniversary oaf new adventures and high-fives to discuss his musical journey and grass roots pot tick is essential to protecting american democracy. it's available right now on spotify or apple music or where ever you get your forecast. we'll be right back. ever you get your forecast we'll be right back. so to accelerate growth, should all our it move to the cloud? well, it isn't right for everything. the cloud would give us more flexibility, but we lose control. should we stay, should we go? ♪ ♪ ♪ darling you got to let me know, ♪ ♪ should i stay or should i go? ♪ we have tons of data at the edge, but we have to act on it in real time. ♪ if i go 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other stories making headlines this morning at 24 past the hour. the leader of haitian gang accused of kidnapping 17 missionaries have threatened to kill them if demands are not met. a new video recorded on wednesday shows this. the video has been circulating on social media appears to be legitimate. authorities said the gang was demanding $1 million per hostage. five children are among those who were kidnapped ranging from 8 months old to 15 months old. fbi continue to negotiate with the gang to bring the missionaries to safety. human remains found in a florida reserve are that of brian laundrie, he had been a person of interests in the disappearance of his fiance gabby petito. >> reporter: as crime scene cars cycle through this florida park. the fbi concluded remains belong to brian laundrie. there was no public comment from the fbi or north port police, speaking to conditions in the reserf where laundrie's remains were found. >> we are talking about water levels up above the chest area. the few of the fbi's evidence response team performing grid level searches in the area of laundrie's remaining. >> that body has to go to next level of analysis. >> reporter: one thing is working under investigator favor, a dna profile of laundrie. >> it's much easier to match a profile known to an unknown than an unknown to an unknown set dna and pieces of evidence. >> nbc's sam brock with that reporting for us. a northern california family that was found dead in august died from heat and dehydration during their hike in the sierra national forest officials said on thursday. the family were all found dead on august 17th, near a trail with no apparent causes of death. authorities initially responded, temperatures that day near 109 degrees. investigators found only one ounce of water container with the family and there was little shade and no cell reception on the trail. the family was nearly two miles from their car when they were found. >> willie. queen elizabeth is back at windsor castle this morning after spending one night at a hospital under going tests. the 95-year-old was discharged yesterday african selling a planned trip. no further details on the queen's health or the nature of those tests. the queen went to a private hospital for preliminary investigations and that she remains in good spirit. let's bring in matt bradley outside buckingham palace. good morning. >> reporter: good morning, willie, you know that language you were talking about, preliminary investigations remained in good spirit. hard to know what it means. the palace behind me, they're not going to give a lot of information on the queen's situation and the status of her health. we know she already had a packed schedule for this month. she had something like 16 scheduled events. that's not so much but for a 95-year-old ahead of state, that's quite a lot and she had been planning on heading to this conference on climate change which is a major event, atracking leaders from across the globe, she had been looking forward to this because of climate change and the environment, that's one of the rare issues. the royal family taken a strong political stand on it. we knew she was looking forward to this. i have been speaking to royal watchers, the fact that she cancelled this event this week in northern ireland and an important one for the monarchy goes to show there may be something serious going on. when it comes to anyone, it does not matter, when you are 95-year-old, any condition or any hiccup is quite a serious condition. it means a lot for the health of this woman. >> she's back at work and handling the affairs of state. the royal watchers i spoke said we have to believe they're probably not lying because this is not a normal member of the family, this is the queen here. she has a constitutional role. the status of her health, she enjoys the privileges of a private citizen and the status of her health is protected by law. at the same time she has this constitutional role. any time that she falls ill and a ruling sovereign dies, that's a big issue. that becomes an issue of state. that's why there are so many eyes on this. this is a pivotal moment for this monarchy. >> matt bradley outside buckingham palace. katty kay, she's 95 years old and still doing all the things she does. she lost her prince phillip earlier this year. what do you hear about the events in the coming weeks. >> she's been all over the country, she's hoping to get to to northern island, too. that's a lot of travel and a lot of formal events when you are age 95. she's recently been photographed and seen on camera using a walking stick. that was unusual for her majesty started a couple of weeks ago. she needs that extra support when she's out in public. the palace had not particularly wanted this story, the fact that she spent the night in the hospital to get out in public. it was going to be printed in the newspaper and so they put out the information themselves. she would very much like to go up to scotland is what i have heard. she sees an important part of her duty but at the moment her doctor tells her she needs to rest which is why she cancelled the latest trip. we'll turn to the latest of coronavirus. joining us now our chief medical adviser to the president, dr. anthony fauci, thank you so much for being on. let's get right to the vaccine for children. what's the timeline on that and what's it is challenge to get children vaccinated in this environment we are in? >> well, the timetable is as follows on october 26th, the fda will be looking at the data from the trial of children 5 to 11 years old submitted by pfizer. the data that we know of look good is going to be up to the fda and their usual fashion to make a regulatory decision and a few days later the following week, the cdc in tune with their advisory committee will make a recommendation for the use of the vaccine in children 5 to 11. it's an important step in the direction of getting more and more people in the country vaccinated. children do get infected. it was thought they don't get infected as much as adults. the one thing is true and it's a fact that when they do, the likelihood of their getting of serious illness is less for an elderly person or someone with an underlying condition. plenty of children get seriously ill if you go through pediatric hospitals throughout the country. we still want to protect the children. that's why we are looking forward to the fda decision and the examination of the data. >> is that risk compounded by the fact that more people are not vaccinated, the more of a possibility for variants to develop like what we are seeing in britain. i am curious what the concern is that we have here in america to go beyond delta, to have the next one and could be worse than delta. more transmissible if that's possible. where do we stand in terms of the concern about variants? >> well, we always pay close attention to variants as they arise, about 10% or 15% of the new delta plus in the u.k., we are keeping an eye on it on that. the delta variant, the classic delta variant is more than 99% of the isolates in this country. we are firmly in trans with delta. you always keep your eyes out when you see new variants arise to make sure we are protected. one o f the things you mentioned are quite through that the more virus circulating in the community, the more likelihood you will get to get mutation that'll lead to new variants. which is the reason why we keep on talking about why it's so important for as many people to get vaccinated. when you have the overwhelming majority of the people vaccinated, it gives the virus less of an opportunity to evolve to a new variant. >> out to that the boosters, it appears mixing and matching is fine. how should get a booster and how protected are you if you have that third shot? >> well, it's very clear from studies that we have done here in the united states and others have done in israel. when you give a booster for example, a third shot to an mrna or two-shot regiment or additional shot to the johnson & johnson, you marketablely enhance your immunity. you will diminish the likelihood if you get infected and you will get a serious outcome if you do get infected. availability of boosters is a good thing. the cdc and recommendations have made it very clear. the johnson & johnson, individuals 18 or older for the mrna is 65 or older and anyone 18 or 64 who has any of the underlying conditions or who live and work in a place that puts them at risk of getting infected. >> good morning dr. fauci, back to the children's vaccine, you said the government obtained enough, 5 to 11 years old in the country. that's good news. i heard some parents who are provaccine, i don't know if i am ready to give it to my kids. the classrooms turned out to be safe places, kids will masking and there is been good news in terms of low transmission, what would you say to those parents who may be on defense of inoculating their children of the safety of this new vaccine. >> first of all, it's entirely understandable. i am a parent and when my children were very young, you are always concerned about risk benefits and when you are talking about vaccines, particularly these vaccines which now been given to billions of people and billions ofdoses worldwide and hundreds of millions of dose in the united states and a significant study that was done by the company about the safety and the legitimacy o f this vaccine. this shows to be highly effective and safe vaccine. we want protect the children, it's understandable so you don't want to -- we need to reassure them that the benefits for this far out weighs the risk. >> again, it just has to be said how extraordinary it's for science and government to bring us to children. i want to ask you about powell, he was double vaccinated and had the best medical care. we learned he was immunocompromised because of medical conditions he suffered from. what would you say to people, see, the vaccine didn't work, he was vaccinated and all those things. what would you say about the death of colin powell and what it means for them? >> it was unfortunate, general powell was truly a great, great american and very sad that he passed away. as he himself, i knew general powell an extraordinary man. he would tell you go ahead and get vaccinated. his case was extremely unusual. he's a man n his mid-80s who had a disease that makes your immune system highly compromised. he was on therapy that compromise the immune system. he was at a much higher risk. i don't think you should extrapolate that to people in general. he got vaccinated, it would have been nice if he got the booster but he didn't get the opportunity to get the booster, but general powell's situation is really a bit unique with regards o f the fact that he was significantly immunocompromised which changes the situation when you talk about the ability of a vaccine to protect you when your own immune system is significantly compromised and super imposed of the fact that you are an elderly individual. >> dr. anthony fauci, thank you for being on this morning. still ahead, new tension between the nba and one of its biggest foreign markets after china blast out for players of tibetan descendants. next on "morning joe." descendan. next on "morning joe." you get more with aarp medicare advantage plans from unitedhealthcare. like $0 copays on tier 1 and tier 2 prescription drugs. ♪ wow! ♪ ♪ uh-huh. ♪ $0 copays on primary care visits. ♪ wow! ♪ ♪ uh-huh. ♪ and with unitedhealthcare, you get access to medicare advantage's largest provider network. ♪ wow! ♪ ♪ uh-huh. ♪ most plans even have a $0 premium. so go ahead. take advantage now. ♪ wow! ♪ welcome to allstate. ♪ ♪ you already pay for car insurance, ♪ why not take your home along for the ride? ♪ allstate. here, better protection costs a whole lot less. you're in good hands with allstate. ♪ chris taylor, not one but two but three! that's a bomb of the last of the playoff record matching three home runs hit by chris taylor against the braves last night. the 11-2 victory for l.a. now forces a game six tomorrow back in atlanta. the dodgers likely will have to go the rest of the way without joe kelly to miss the rest of the season with a biceps strain. tonight is game six of the american league championship houston, boston trails there, 3-2. sam stein and mike barnicle , i don't know if you have shared this, there is a sense of calm. let's go to houston and see what happens. >> i was talking to lemire about this. i am not nervous at all. we have accepted this faith. to get to this point was remarkable in its own right and beat the dreaded yankees was an achievement. a win against the race was five different cherries on top of that. no, not nervous, i feel good about what we have accomplished. i know you can't say the same. >> thank you for bringing that up. they talk themselves down so when they win they come back. all they have to do is win two game in a row then it becomes this great achievement. >> this is just us trying to cope with our own insecurinsecu okay? >> only you stand between the houston astros and the world series, you know what has to be done. the nba is speaking out against the chinese government harsh rules to say the least over tibet. >> i am speaking out of what's happening today. our rights and freedoms are not existed. brutal dictator of china, xi jinping, i have a message for you, i would say again and again loud and clear. i hope you hear it. free tibet, free tibet, free tibet. in 2018, he was indicted in his home country on terror related charges. he denies those after he condemned the action of turkey's president. the country's stop sport streaming app pulls all celtics games from its schedule in china. this is as the nba has a multi billion dollars market in china, still feeling the financial effect from a tweet. mory came out and supported protesters in hong kong. joining us now janice mackey friar, live in beijing, good morning, good to see you. >> well, you would be hard pressed to find any that the boston games appear in china. this does spell fresh trouble for the nba here in china. it's the most lucrative international market for the league. it was just starting to bounce back from that incident with daryl mory when he was a rockets manager back in 2019 where he tweeted support for hong kong. the damage was so swift and it was so deep, sponsors cut ties and the league lost hundreds of millions of dollars and even today the state broadcasters still won't resume broadcasting any of the games here. so if we look at chinese social media and indicators of what may be next, there is an uproar, they have been removing any reference to cantor and the video or the controversy. any of the games that the celtics were supposed to play are now marked as unavailable for streaming here. the company behind the streaming service is not commenting on this. notably neither is the nba. now, the league has a reputation for encouraging free speech and other social issues. walking back on these comments can backfire. that's what happened with mory when he tried to apologize for the tweet. lebron james weighed in, you will remember, that ignited the conflict into an international incident, he was being criticized forgiving support to the china government. there is a lot of trip wires here for companies if they are seen as questioning or contesting where china stands on anything especially on issues of sovereignty or sensitive topics like tibet or hong kong. we have nationalism running extremely high these days. it's unclear how heavy the fall-out is going to be for the nba. >> janice mac frayer lays it out for us in beijing. thank you. >> they would like to see him brought back home and brought up on charges of terrorism just for expressing his rights to criticize the government there. the dolly llama came out in praise and we have seen it in sports and entertainment. the market is so big that despite courage that we have seen here on nba and most of them are not willing to criticize china. most are not. >> this is a fascinating story because the nba and because of its high profile is kind of the cannery and the coal mine for a lot of companies. what are companies going to sensor their employees for what they may say about the future of hong kong, for example or what they may say about taiwan or what they may say about tibet or human rights in china? there is a lot to talk about because of what xi jinping is doing. if they're going to have to make decisions for the nba, it's going to ultimately make a decision about whether it cares enough about keeping china market and all that money to effectively pride a sensor and players and coaches and everybody associated with the league in a way that's deeply un-american and i think other companies are going to face the same thing. the big tech companies, social media giants have had their conflicts and their run-ins and some have had essentially pull out of china. a lot of companies are going of this decision to make as the situation evolves in china between american values and free speep and all the money that can be made in china. the money is not worth it. >> the other big issue is a computer chip, it goes on, katty kay jumps in. it's delicate dance these companies have to do with china on so many issues pertaining to human rights and climate change. >> a lot of american companies finding it difficult to do business in china. xi jinping amassing a lot of power centrally and putting heavy hand of the communist party on efforts of free press and government and also efforts on foreign companies wanting to do business there. it was getting harder to do business for american companies in china but not easier. as jean points out the market is so luke the i've but making that decision to walk away whether it's human rights concerns or business restriction concerns, that's a tough call for a lot of american businesses and they're finding am i going to have to choose at some point between the west and china. >> all right, still ahead when it comes to reconciliation, is senator kirsten sinema ready to make a deal? is president biden leaving the door open for filibuster reform? we'll have the latest from capitol hill and the white house. "morning joe" is coming right back. house. 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live report, still so many unanswered questions of this terrible tragedy and just a few minutes. we'll get back to that. we'll move to capitol hill where house lawmakers voted to hold steve bannon in contempt of congress is now up to the squus is department to decide whether it will criminally prosecute the formal trump advisor, garrett haake has more. >> reporter: nine republicans joining with democrats to hold steve bannon in con testimony of congress. you can't blow off a subpoena in america. you know what this is really about? this is about getting president trump. >> the department of justice will do what it always does in circumstances. we'll apply the facts and the laws. bannon refused to engage the committee investigation of the january 6th attack in diets of the subpoena. bannon argued he won't comply. lawmakers believed bannon had specific knowledge of the planning of the attack. >> reporter: forcing republicans to choose between supporting congress' power to investigate or the former president. >> why is it important that republicans vote to hold him in con testimony. >> you would think if they take an oath to protect and defend the constitution that they would vote for the system of checks and balance. >> an in valid subpoenas. issuing in valid subpoenas weaken our power. >> jonathan lemire, i am curious of how this moves forward. not a lot of precedents here. there are arguments of executive privilege and all sorts of excuses being put forward. are there any clear to get this man to testify. >> a former trump adviser was not a white house employee of the time of january 6th. he was hosting a podcast. he's also made clear that he'll not -- he welcomes the idea of mart ir. we heard from president biden last week, some eye brows were raised when he thought there should be prosecution, the white house will walk that back. we heard from the president last night saying he wants to go too far. the white house is going to stay out of this. the way they are involved is this idea of executive privilege where they'll not honor president trump's requests to invoke executive privilege. there is some lehigh to past presidents as executive privilege. the white house says that's not how we are going to do things. we need to get to the bottom of it. we are not going to aid and abide any sorts of efforts to deflect that. we'll see in the days ahead what happens with bannon. we'll have the vote from the hill, it goes to the department of justice next. and chief of staff of mark meadows and scavino. staffers and officials may be able to shed more lights on what happened on the development that day. this is a saga that's got a long way to go. a lot of democrats feel like the committee needs to show its teeth and they are serious. if they don't and they back down, it's hard to make the argument of the congress of a coequal branch of the government to the white house. >> and eddie, at least in the case of steve bannon, that committee has shown voting unanimously to hold him in contempt of congress and pushing this through the house and onto the justice department. i guess it's no surprise to her or any of us that only nine republicans hopped on board, seven of them were the republicans who voted for impeachment to others joined nancy mace of south carolina made the point for her vote for contempt of bannon. that was her explanation but the bottom line is republicans were never going to get on board with this investigation and everyone holding steve bannon in contempt of congress. >> william, it's clear that nine voted for but 202 voted no. that's evidence and that's evidence of description that joe scarborough has been using on this show over and over again as a no nothing party. they are advocating their responsibility, 2002 republicans in the house of representatives basically seated at the power of the house. we need to understand that for what it's. it connects for what jean was talking about the last hour about the republican party refused to take on the responsibilities of their oath. nine voted to hold bannon in contempt. 202 members of the house of representatives in the republican party abdicated their responsibility yesterday. senator sinema maybe ready to make a deal, ways and means committee chair. congressman told reporters that he met with sinema about back tg agenda. he made the case for keeping the tax hike and the international minimum tax package. sinema did not agree nor did she push back. >> followed by an extension of the child tax credit and an expansion of paid medical leave. the congressman says he left the meeting optimistic that a deal can be reached. there is joe manchin who says slow down, slow it down. >> first of all, that's enigma of sinema. but, yes, we heard from senator manchin yesterday telling reporters he didn't think a reconciliation deal would be done for weeks which is certainly a slower timetable that a lot of his party would prefer, the white house has really stepped up pressure trying to get this agreement on a top line number and trying to get agreement for what's going to fall in. manchin coming under fire because he want to clean energy prevision out assort of a scramble now. we are working on a few different deadlines here. that's something that's going to move congress to take a vote on that perhaps, secondly, we have the president heading to europe next week, the climate summit in scotland, he does not want to go empty handed. he wants to show hey, framework, we got an agreement. we'll have the climate change measures here. third, the virginia governors' race. this is a state that biden won by 10. democrats's worry are really clear here. >> at at least the infrastructure part. get it done so he has something to rung on. why officials i talked to about this think that he's up and little and they'll think he'll win by a little but they are nervous. president biden commemorated the tenth anniversary of unveiling dr. martin luther king jr. memorial by condemning republicans for under minding voting rights. >> this struggle is no longer just over who gets to vote or making easier for elderly people to vote. it's about who gets to count the votes. jim crow, voter selection and election subversion. making sure we have unanimous support each and every time. senate republicans blocking and refusing to everyone talk about it. they're afraid to debate the bill of u.s. senate as they did again yesterday even on a bill they traditionally supported. it's unfair and unconscionable and un-american. the doors have not been closed. >> given the fact that republicans have shown no interests to a man or woman in a supporting voting rights legislation, they blocked the bigger bill. republicans have shown little interests of getting on board with that. what's the future of this program where a lot of people thought there may be some bipartisan help to get at least the john lewis piece through? >> well, i have always wondered and i have been puzzled and baffled by this appeal to bipartisanship on this issue. we see republicans across the country at the local level and state level in many ways trying to suppress the vote in order to rig the elections. we have seen it over and over again. i have been baffled by this appeal. i appreciate president biden talking about this as jim crow for the 21st century. this is an issue that goes beyond suppressing black voters. this is an issue that goes to the heart of our democracy. it's important for the president and his team to message more broadly. what these efforts will do will not everyone disenfranchise black voters, it will impact our young voters. it's a fire, a five-fire alarm fire. they're not acting accordingly, i think we need to put bipartisanship aside and start in some way advocates and trying to fight for our democracy because they are attacking it. >> katty kay, jump in, bipartisanship putting it aside, that's not what joe biden ran on. he wanted to bring the parties together. are we out at the point of impossibility given what we are arguing, realities that we are arguing. it was what -- it was interesting to hear him last night that he di think it was a carve out to be done for the filibuster for the voting rights and perhaps more that he suggested. he needs to get that infrastructure bill done first and the reconciliation bill done first because he knows joe manchin does not like the call out for the filibuster. >> all right, still ahead on "morning joe," we'll have the latest on the breaking news out of new mexico, actor alec baldwin shoots a prop gun on a set of a movie killing one person and injuring another. we'll have a live report coming up next, you are watching "morning joe," we'll be right back. 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>> reporter: it's all being described as a film gone wrong. baldwin fires the gun and killing one and injuring the other. the production is shutdown. in these photos a distraught alec baldwin reportedly in tears outside the sheriff's office, just hours after the deadly accident on the set of his new movie "rust." he fired add prop gun killing one member and injured another. helena hutchins is dead at the hospital. director was also shot and hospitalized for his injuries. sheriff deputies were called to the movie set on thursday afternoon. a spokesperson from baldwin describes the shooting as an accident. detectives are looking at what type of project tile came out of the weapon. the investigation is open and active. >> it happened at bonanza ranch. actor jeff sneed was working on a different set near by. >> fatal accidents proving prop weapons have happened before. actor brandon lee died during film on "the crow" after she was shot with a shotgun. since that time, the industry put strict new protocols in place. >> a strategic question i would always ask, were the safety guidelines followed. blanks are not designed to do what the final outcome of this was. we need to investigate and find out what went wrong. >> baldwin is not omnivore the star of "rust" but also one of its producers. >> cast and crew members shared scene on the set of social media. >> thursday morning, hours before the studio, with the caption, back to the office. >> there is even some shielding protection that allowed in some of these productions. live ammunition is never allowed. they are continuing their investigation into what happened. >> the protocols are so strict on this and in case i am aware of. these prop guns used in movies and plays, they don't accept live ammunition. still a lot of questions around that. do you know anything else about his condition? >> yeah, nbc news not confirming yet, that's what's being set out there and obviously everybody is still very upset as to what happened. we reached out to pald win people, they have yet to respond what's going to happen onset. it's going to determine what happens with this investigation and they're working to find out what exactly was in that projectile came out of that. >> steve patterson, thank you so much. let's turn to yesterday's developments in the fight against coronavirus. the cdc panel endorsed additional shots for millions of americans and also supports the idea of mixing and matching doses. nbc news national correspondent miguel almaguer has more. >> reporter: an advisory who gave an all clear pointing to data of johnson & johnson who made a case of extra dose of protection. with fda authorization already given for moderna recipients who qualifies for pfizer. those who are 65 or older or at higher risk of catching the virus. for johnson & johnson, all who have been vaccinated at least two miles. >> we are constantly learning about this virus. together we can be prepared and make the best recommendations to protect the number of people. >> reporter: the data shows those given a dose of johnson & johnson gets the highest protection when boosted with moderna or pfizer. >> you were eager for a booster? >> yes, we are. the extra layer of protection will make us feel comfortable. >> reporter: with 9.5 million americans already boosted with pfizer. it comes just as deaths, infectious in hospitalizations dropped nationwide. >> i wish everybody will get vaccinated. >> in cold weather, states are gathering and spreading the virus indoors. our nation is hoping to fend off another surge while offering millions, another dose of protection. >> nbc's miguel almaguer reports. desantis is calling a legislation to block president biden's mandate. his fight against enforcing covid restrictions. the move comes after biden allowed plans to issue for businesses for 100 employees for federal workers. >> desantis says this special session will reveal and protection and preventing vaccine mandates and being enacted in the state. >> we have a speedometer to step up and lead and act. >> that's what we are doing here. i hope that just the fact that we are going into special session will maybe that'll serve as a wake up call. we'll continue to fight because from the beginning of this pandemic, we have seen assaults on people's basic rights. we have seen in my lifetime, i can tell you that. florida is making it clear that people have the right to lover. we'll make sure that our economy and society is able to thrive and people are protected with their livelihood. >> jesus, assaulting our rights. okay. jonathan lemire, we just lost a great american because of complications due to covid, i mean we need the vaccines to protect each other and even then with those who are not getting vaccinated, the variant run rapid. >> this governor keeps on holding firm which seems to counter to the nation's health. >> vaccines is not to -- this is certainly a new threat, the governor of florida threatening a new level of par fair against vaccine mandates. there is some speculations, osha regulations that's coming. that's how the president biden administration going to get people to take their vaccines. maybe we'll pull out of ocean. there is some suggestions on twitter he's trying to copy the former president. how dangerous this is this? what's your rebellion of state rights against federal regulation we have seen there. >> there is a kind of madness , what was glaring in that wha desantis was saying was the absence of any acknowledgment of the dead in florida. the lost of the grief and over 700,000 americans are dead and here we have a governor annoyancing bothly and rigorously his refusal to be responsible citizen. it's a sign of how deeply and troubled our democracy is. attorney merrick garland helps to contain protesters violent. republicans criticized garland for an october 4th em memo issued. they're asking the biden administration to make action. >> the sometimes over school rules surrounding the pandemic and sometimes over what conservative charged are history that's two lessons -- >> the charge the attorney general repeatedly denied adding of any effect on the curriculum talking or the ability of parents to complain. what we have seen is undeniable and we have seen aggressive behavior by some parent and that goes down to mandates and about masks and critical race theory and the question that comes up to the governor's race that's disposed a lot on education, there is no denying that's ham ng the school board, what about this memo from the justice department set off republicans? >> yeah, it's the republican feeling clearly as we have seen around the country that the parents have the right to protect these man days and have much more influence, why is education has become the number one hot button issues. it's becoming the front line that emerged in american society the last couple of years over covid, vaccines and mandates of mosques and restrictions on what is seen as premium. >> on the issue of race and it's all playing out, the bigger and political split of the country as we have seen school boards at the moem. now you got to doj weighing in on it. i think the interesting political test case is what happens in virginia? that's the place we are seeing a vote to take place on education effectively in many cases. >> all right, still ahead, the roots of the deep seeded devision in the u.s. a look at a special documentary airing this weekend right here on msnbc. y a weekend right here on msnbc. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? 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>> well, we started this film back in 2015. we started shooting in january of 2016. it was prompted by the massacre in south carolina by the emanuel ame church. after that i started thinking about why was a portion of our country didn't think of slavery. i looked at classrooms and what were our children learning about their national narrative? >> there is this wonderful moment in the film with professor david yale, he talks about what it means to tell the story of a certain narrative of the civil war and redeems the south. and defy how we understand that horrific promote in the country's history. >> that narrative took quite a bit of time after the war. we are prone to believe the stories we want to believe in this country, you can see it's happening now after the insurrection on january 6th. you can see a new narrative emerging quickly now. >> it's not taking as long as it used to with ped sooed social media. >> that's not new. >> erica, this is obviously a subject that's taken on added focus with the debate over critical race theory and this idea of what should be taught in our nation and nation's schools. >> you guys put together this project, what do you see and are you surprised this familiar, this is becoming a political flash point and o starting on the right of people who embraced us? >> it does not surprise me. one of the things i find most interesting is people want to forget. they want to pretend there are a lot of things that did not happen. >> it's hard for people to admit that evil and brutality that this country's history continues today. >> erica, i had a unique experience growing up in the north and learning a version of what happened during the civil war and going to college in the south to a really good school with well educated people, i found many classmates from the south had a different view of what happened during the civil war. there were a sense of pride about confederacy. what do you find o as of 30 years ago of how the war is being taught in the south today? >> it's still very much the same from what i can see it. it's a point of pain for a lot of southerners because they know these are lies and white bus they don't want to admit the truth of what has to happened. >> this is decades, people are still saying this. >> in this clip from the documentary, a mississippi professional with racism. and why she's trying to change the future. >> i grew up in a family, my mom is from new york and my family is from south niz. mississippi. >> i was raised in a racist family and racist community at t the time where i grew up. things have grew up, things have changed in a bit. >> for me i think i don't want to repeat that. i feel responsibility with the profession that i have chosen to tell things accurately and repeat generations. i want to do something different. >> what's so powerful about that moment for me is you captures the intimacy about hatred. thst routed in our families and loved ones. she put up the marker to mark 1875, an act of extraordinary violence. 1875, why would that such an important moment for you and this film because it was a powerful moment in a film. >> that story was essential to have in a film. there is a lot of silence in this country around important events and knowing which image you can capture and who you can talk to. it's very lucky to find melissa jones to be able to tell the story in that marker. it clarifies what has been denied the white violence that has been denied overtime >> erica, i am wondering what your best hope, you can continue with your thought as well as you answer this. what young people will take away from that film? >> i think one of the things that they'll take away hopefully is simple if we don't ins our history, we are doom to repeat it. >> we'll never be able to heal. if we don't talk about the issues that divided us. we don't do that. >> rachel boyton and erica, thank you both for very much. the documentary this sunday on msnbc and is tropical storm streaming right now on peacock. >> up next, president biden's plan and vaughan hilliard joins us on the nation of antigua. >> china is making massive infrastructure investment. before we go to break. what do you have planned for "sunday today." this week over on nbc, our andy cohen, my guest and late night watch "watch what happens live" live, the author of a new book and a few father. a fun conversation with just one of the most effortless personalities we know. >> we'll be right back on "morning joe." e right back on "morning joe." psoriatic arthritis, made my joints stiff, swollen, painful. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. tremfya®. emerge tremfyant™. janssen can help you explore cost support options. so to accelerate growth, should all our it move to the cloud? 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this is how you got your little vacation i see. pretty nice assignment. >> reporter: we may find a little beach time hereafter this, mika. we did spend the last 48 hours running across the island of antiqua and it does not take very long to find a project in in island backed by china. >> this pristine caribbean island is nowhere near china. this is increasingly obvious and defining. $5 million towards construction of the island's university. a $50 million loan for its renovated airports. a $55 million grant for a cricket stadium. the country also constructed its confucius institute. >> just how much china invested and financing their brand. >> $200 million which is sizable for a small country like antigua. china has proven to be a reliable partner. >> china is spending 2-1 compare to the u.s., it oversees development. >> reporter: this island is a microcasm. building infrastructure across the world. what did all these investments get china ultimately? >> china is strengthening its partnership in the process. >> in 2020, a boat came before the u.n. to condemn china for its crack down for prodemocracy and protests in hong kong. >> if it were not for china's investment in your country, would you voted differently? >> we have a relationship with china, we don't want to get involved in that kind of joe political issue. >> we obviously voted to maintain our relationships with china. >> a concerned military. >> the facility, this billing right there. >> with you able to commit antigua -- >> absolutely, i don't know what will happen. >> reporter: this right here is their port being completely rebuilt. for now, economic position majo team chinese workers. >> our bethree basic needs, food, clothing and shelter, comes through here. the chinese have financed and constructed the port. >> reporter: the waters being dredged so the port can manage eight times more the amount of container goods. china already buying and shipping their lobsters. >> china is a great friend of antigua, and i enjoy doing business with them. >> reporter: the web of financing is complicated. chinese banks are estimated to have loaned at least $137 billion to countries in the region in the last 15 years. when directly asked how much the country has invested in antigua, an official with the chinese embassy wrote back, i do not have that information. such cooperation is carried out on the premise that it serves the interests of antigua and barbuda. nothing we do is out of political calculation. we would hope that our american friends refrain from mischaracterizing our intention. here is also private investors. and that's what leads us to these 1,600 acres in northern antigua. a firm run by this private wealthy chinese investor bought this land for $60 million. they will have up to ten hotels and resorts along with a golf course on this peninsula. >> and the basis that the business is successful, then obviously it will create opportunities for employment. >> reporter: but can the u.s., its banks and investors, match the allure of china? is the u.s. doing enough for developing countries like antigua and barbuda? >> i would say they have not done enough for the caribbean, and i think there should be a refocusing. clearly there's still developmental gaps within the region, and the united states has the resources to assist. >> reporter: i was talking with some u.s. banking officials about this, about what the u.s. can do. one of those individuals told me, look, this is difficult for the u.s. because they will always lose a game of limbo to china. china will always go lower. they will always have lower interest rates. and without those strings attached. the u.s. has a different set of commitments that they force upon any country as part of any agreement from climate justice to human rights. now this summer, mika, the biden administration did go to the g7 countries and urged them to put forward hundreds of millions of dollars in financing to these developing countries to counter china. but so far no concrete plans or commitments. mika? >> wow. vaughn hillyard, thank you very much for your reporting. we really appreciate it. katty kay, what did you think of vaughn's piece and the impact on the concepts of american exceptionalism, our leadership in the free world? what is happening? >> such an interesting snapshot what's taking place in antigua is what's taking place around the globe at-large as china extends its influence. it started in africa with huge projects on infrastructure. that start body a decade ago. it had held off interestingly in investing in latin america. latin america is seen as america's backyard. but now they're moving to the caribbean, moving into latin american countries as well not really caring that north america is right there. they are setting up projects and investing billions of dollars. that gives the chinese leverage. it's not the kind of military superpower leverage that perhaps america had in its battle with the soviet union during the cold war, but economic leverage. that holds sway when it comes to things like the united nations. it is a new cold war that's playing out right around the world. it's familiar, you know, looks like what we had against the soviet union. it's played out with money, though, but is very real. >> all right. and the biden administration released several reports yesterday laying out ways in which climate change is a threat to national security. the reports are the first to look exclusively at the issue of climate and notes risks to american national security will increase in the coming years. the documents include warnings from the intelligence community which identified 11 countries as being particularly vulnerable to the effects of climate change. that list includes four countries near the united states. among them guatemala and haiti. pentagon officials also warn food shortages along with disagreements over water could lead to unrest. the intelligence reports come as president biden prepares to attend the united nations climate summit in scotland. jonathan lemire, what do they hope to accomplish, the white house, in scotland? and, boy, how climate change is going to bring back the basics between countries pertaining to water and food shortages. the problems are going to escalate, and yet some still don't want to completely address it. >> yeah. this is a framing we're seeing more and more of about the idea climate change is a national security threat. some things like naval bases could end up being under water because they're built on the coast and there are rising sea levels and starker warnings like these, the countries that -- our neighboring countries could, in fact, face real shortages of resources or water which could lead to violence or radicalism, perhaps giving birth to more terrorism and extremism that could threaten the united states' interests at home and abroad. this has been many years in the makings. it was postponed a year because of the pandemic. the united states is setting a huge footprint. the president will be there after the g20 in italy. former president obama will take part. john kerry, the climate czar these days, and other leaders will all be there. there's a real effort here. the president wants to re-establish the united states as a moral leader on climate change which is why he's so desperate to get some of this legislation done at home, that he can bring there and say, look, we're making progress, we're back after the u.s. pulled out of the paris climate accords during the trump administration. other countries have moved further afield of where the u.s. is and are skeptical that biden can deliver. even if he does, about what could come next if a republican president, a donald trump, were to be elected again, could those measures be undone and polluters like china and india to partake. it's unclear what commitments they'll make. still ahead after bitter debate over the january 6th capitol attack, house lawmakers, including nine republicans, vote to hold steve bannon in contempt of congress. we'll be joined by senator alex padilla who spoke with president biden earlier this week on the importance of passing voting rights legislation and the breaking news out of new mexico. actor alec baldwin shoots a prop gun on the set of a movie killing one person and injuring another. the details are still coming out. we'll have the latest. "morning joe" is coming right back. ♪ darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood. (burke) i've seen this movie before. applebee's. (woman) you have? (burke) sure, this is the part where all is lost and the hero searches for hope. then, a mysterious figure reminds her that she has the farmers home policy perk, guaranteed replacement cost. and that her home will be rebuilt, regardless of her limits or if the cost of materials has gone up. (woman) that's really something. (burke) get a whole lot of something with farmers policy perks. wait, i didn't ruin the ending, did i? 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[coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ ♪ [suitcase closing] [gusts of wind] [gusts of wind] [ding] there are people in this chamber right now who were evacuated with me and the rest of us on that day during that attack, people who now seem to have forgotten the danger of the moment, the assault on the constitution, the assault on our congress. >> republican congresswoman liz cheney calls out members of her own party for their continued dismissal of the january 6th attack on the capitol. now the house has voted to hold steve bannon in contempt of congress, but will the justice department prosecute? a lot happening on this friday morning, willie. joe is off, but we start with some breaking news involving actor alec baldwin. >> yeah, this is a terrible story. yesterday in new mexico alec baldwin fired a prop gun that killed a woman and injured a man on the set of the movie "rust. "cinematographer was killed, the director was injured. it happened outside santa fe, according to the sheriff's office there. nbc news correspondent has details. >> reporter: alec baldwin chls an actor and producer on this project, the film called "rust" which was supposed to continue shooting in new mexico into november. it's a western drama. but then word came yesterday it was a 911 call thursday afternoon from the set. it was a shooting, a prop gun discharged by the 68-year-old baldwin. it hit the director of photography, halyna hutchins, and the director joel souza. the 42-year-old hutchins was taken by helicopter to a hospital where she died. souza was taken to a different hospital where he's being treated for his injuries. the producer called it an accident calling it a misfire of a prop gun with blanks. he said production has been halted for the time being. safety of cast and crew remaining the top priority. the santa fe, new mexican, newspaper reports baldwin was seen outside the sheriff's office in tears. no charges have been filed, and more witnesses are being questioned in what looks now to be a tragic accident. >> nbc's jennifer bjorklund reporting. still a lot of questions including how a prop gun on a movie set was even capable of doing this. most prop guns used in movies and plays don't even accept live ammunition. it's not possible for this to happen. so that's a question investigators are looking at and also how the cinematographer tragically was killed and the director. they weren't actors in a scene, they were behind the camera. so a lot of questions in what the film company is calling a tragic accident. >> horrible. just horrible. we'll be following that and will keep you up to date on the latest. now to politics in washington, d.c. the house voted yesterday to hold steve bannon in contempt of congress for ignoring a subpoena from the house select committee investigating the january 6th attack of the capitol. the final tally was 229-202. nine republicans broke with their party to support the resolution. seven of them previously voted to impeach former president trump following the insurrection. one of the republicans who voted in favor of the resolution was congresswoman nancy mace. she spoke to reporters yesterday and explained her vote. >> i want the power to subpoena when we start investigating some of the crises that are facing the biden administration right now or talking about the border or the botched exit from afghanistan. there were a lot of things that i'm going to want to investigate when we're in the majority that we're not doing right now. >> the house select committee's democratic chairman, congressman bennie thompson, led yesterday's floor debate along with his republican co-chair, congresswoman liz cheney. cheney called out her republican colleagues and specifically minority leader kevin mccarthy, during her remarks. >> my colleagues in the republican party, the republican members of this body, have to understand, have to recognize, that there's a moment when politics must stop. if we want to defend and protect our institutions. a violent assault on the capitol to stop a process of counting electoral votes is that moment. they all knew that on that day. in kt fact, the minority leader himself said the president bears responsibility for wednesday's attack on congress by mob rioters. he should have immediately denounced the mob when he saw what was unfolding. mr. mccarthy was right then. the president bears responsibility. >> and everyone sitting in that chamber know that is what liz cheney is saying is true, and yet so many of those republicans voted against it. this matter now heads to the justice department. nbc news justice correspondent pete williams explains what happens then. >> reporter: the justice department says it will apply the facts and the law in deciding whether to charge steve bannon with criminal contempt of congress. so here are some things the prosecutors are likely to consider. first, the evidence is strong. he's clearly refuse to go comply with the congressional subpoena, and there's a substantial federal interest in making sure that people do comply. bannon's lawyer says he's refusing because donald trump is exerting executive privilege but that claim is undercut. executive privilege is only about communications about a president's official duties. talk about challenging the election results might not qualify. and there's the fact that bannon wasn't even in the government around the time of the capitol riot. those are all factors to weigh in favor of the prosecution including the fact that congress has no way on its own to compel bannon to comply with a subpoena. on the other hand here are some factors to consider against charging him. a former president does have some claim of executive privilege and the courts have never clarified exactly what level of privilege former presidents can claim, but it's not zero. since at least 2007, the justice department has taken the position that the privilege applies even to a president's conversations with people outside the executive branch. getting a conviction requires proof that somebody acted with improper intent, and some federal courts have ruled that a good faith reliance on the advice of counsel. and then there's the matter of precedent. the justice department has prosecuted dozens of people for contempt of congress, but it has never done it in a case involving a claim of executive privilege. so prosecuting bannon could set a precedent that would expose former officials in the future to contempt charges in highly politicized cases, and that's an institutional consideration for the justice department. willie? >> pete williams with a great breakdown there. pete, thanks so much. here is what attorney general merrick garland said about whether the justice department will act on the house referral to prosecute steve bannon for contempt of congress. >> the department recognizes the important oversight role that this committee and the house of representatives and the senate play with respect to the executive branch. the house of representatives votes for referral of a contempt charge. the department of justice will do what it always does in such circumstances. it will apply the facts and the law and make a decision consistent with the principles of prosecution. >> let's bring in our reporters and analysts, anna palmer, best-selling author katty kay, white house editor for politico, sam stein, and pulitzer prize winning columnist and associated editor of "the washington post" eugene robinson. good morning to you all. anna, i will begin with you. you cover congress so closely. 229-202, nine republicans voting in favor of contempt for steve bannon. did any of those votes surprise you? >> yeah, i think you played some sound earlier of nancy mace, certainly that was interesting, and the fact she actually worked for donald trump before she was a member of congress, and then there was brian fitzpatrick, the republican from pennsylvania,a key district there, was a surprise, i think, by most folks to the fact that he voted for that. other than that, a lot of these members were folks you would expect. adam kinzinger and anthony gonzalez, a republican who is retiring. so there weren't a ton of surprises. only nine republicans who voted for this, but those would be two that really stuck out to me. >> sam stein, not going to debate the right or wrong here because some of it seems quite obvious but it appears pete williams was pointing out some of the weak spots in trying to sort of drag steve bannon out to testify, and that would be the issue of executive privilege. yet he wasn't working for the white house. >> yeah. he was not a white house official. arguably, as pete noted, this is not within the presidential responsibilities to contest the election results, so those are two weak threads in the argument that he should be shielded from contempt here. i think the bigger story the fact that just nine republicans in the house voted to enforce the subpoena. or issue the subpoena. i think if you look at it, circumstantially it's hard to find a case you can make a more proactive case doing this. this was an attack literally on the capitol, on their place of work. members of congress were directly threatened by the insurrection and on top of that they have an institutional prerogative to enforce their own subpoenas. and yet under those circumstances you could only find agreement with nine republicans to suggest that we are in a deeply split and partisan era. nothing can bridge -- if this cannot bridge that divide, it's very difficult to think of something that could. and so while some democrats yesterday were optimistic that nine republicans switched sides and voted with them, i find -- >> hold that thought right there. we're going to continue this conversation straight after the break. plus, new comments from president biden who is opening the door to scrapping the filibuster for voting rights. but first, let's go to bill karins with a look at what could be a major storm hitting the western part of the country this weekend. bill? mika, this storm will be one of the strongest we've almost ever seen in october for the west coast this is very early in their rainy season. and this could be a storm that rivals like a hurricane strength. let's take a look and see what we will deal with. this will be coming into the pacific northwest. the storm we're looking at now is just a regular storm this is the one that's a precursor to the big event this weekend. here is the rainfall forecast. and we've been begging for rain because of this epic decade long drought in the west. we're going to get a good chunk of it in the next seven days. that's up to 5 to 7 inches. everywhere you see the brown and red shading, just cold enough for one to two feet of snow in areas of the central sierra mountain chain, so mammoth lakes up to tahoe, one to two feet of snow. build the snowpack up, give us this rain for the reservoirs, we don't want to have significant debris flows and flash flooding. remember all those fires we talked about earlier this year is where we're going to be vulnerable to flooding and debris and mud flows. a dangerous day with a storm for the west coast standards that will rival a hurricane for the east coast. it will be that powerful with that strong a wind and rain and snow. so today's forecast kind of one of the last warm days in the northeast. it's been an amazing stretch, an incredibly warm stretch of weather, and a fall feeling returns to the northeast on saturday. the other story we have to watch on sunday some severe weather and tornadoes are possible. iowa, illinois, missouri and areas of indiana. so that will be a concern sunday afternoon and evening. there's that huge powerful storm on sunday and come monday we'll be showing you some pictures of whatever aftermath occurs because of that west coast storm. feast or famine on the west coast, right? we've been begging for rain. we just didn't want a storm of this magnitude. new york city, you've been in the upper 70s three days in a row. that ends this weekend. enjoy the sunshine today. so, should all our it move to the cloud? the cloud would give us more flexibility, but we lose control. ♪ ♪ ♪ should i stay or should i go? ♪ and we need insights across our data silos, but how? ♪ if i go there will be trouble ♪ ♪ ♪ wait, we can stay and go. hpe greenlake is the platform that brings the cloud to us. ♪ should i stay or should i go now? ♪ ♪ ♪ bogeys on your six, limu. ♪ should i stay they need customizednow? ♪ car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ before discovering nexium 24hr to treat her frequent heartburn... claire could only imagine enjoying chocolate cake. now, she can have 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(sfx: continued vehicle calamity.) just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet. ever wonder how san francisco became the greenest big city in america? just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. leaders on capitol hill are trying to hammer out the spending bill. democratic senator joe manchin of west virginia is warning his caucus not to expect an agreement on reconciliation this week or anytime soon. >> there's a lot of details. until you see the text and the fine print, makes it pretty hard to make final decisions until you actually see we have -- you can have the intent, you have to make sure the text matches the intent. what people agree on and what they don't agree on. >> it seems like that could take weeks. >> this is not going to happen anytime soon, guys. they're trying to get a meeting of the minds and find out what happens from there. >> so it won't even be possible to get a framework deal by end of business tomorrow's what you're saying? >> i don't know what they consider framework. >> gene robinson, your latest piece for "the washington post" is entitled "criticism of democrats' negotiations misses a bigger issue. republicans' absence from governing." and you write in part this, nobody said life was fair, but this is ridiculous. democrats are getting pilloried for struggling to do big and important things while republicans are being given a free pass for behaving like a horde of vandals. this isn't the way our government is supposed to work. yes, the democratic party controls the white house and has the slimmest majorities in the senate and the house, but that does not absolve republicans from the duty to try to do what's best for the country. it doesn't give any of our elected representatives the right to simply ignore the work they were elected to do. and the gop should be called out for putting political gamesmanship ahead of the nation's well-being. the thing is, we become inured to such behavior. the public has come to expect it at all levels of government as if representing the needs and aspirations of the american people were nothing but a blood sport and all that matters is which political tribe wins and which loses. if many voters are angry or disenchanted, who can blame them? and, gene, i would argue that it's still trump republicans and the republicans who, for example, want to ignore the attack on the capitol, who are lumped in this group of people who don't even want government to function. and this all spells bad news for our country. >> it certainly does. and we're talking not just about the hard core trump republicans, the true believers in this insane political ideology such as, you know, if you could even call it that. but, also, what we used to think of as mainstream republicans who are going along with this program with the sole aim of, you know, number one, keeping their heads down so that donald trump doesn't attack them and, number two, trying to regain power for their party in both chambers of congress and ultimate patly the white house. and, yes, that's kind of what politics is about on one level, but they are our elected representatives, and they do have -- they did swear oaths and they made promises to actually participate in the governing of the country and they're not willing to do that even on the most elemental levels. and so, you know, i was one of those angry and frustrated voters, i guess, yesterday. yes, the democrats -- i mean, they're having a hard time with these bills and arguing and pulling back and forth and how much do we spend and what do we do, but the republicans simply are giving this a pass in a way that's just not consistent with their duties and their responsibilities and that should not be acceptable. that should not be acceptable to the american people. >> and, anna, because of that reality, the republicans are not going to help out at all with this massive piece of legislation and progressives are getting frustrated with hanging on every word and whim of kyrsten sinema and joe manchin. altering the filibuster wasn't something president biden wanted to do. now he's looking at this and how it's playing out he would be open to it at least. do you think that's the way they're going to go, a carveout here where there's no filibuster used to get this huge piece of legislation through the congress? >> it certainly made news last night but, no, i don't think you're going to see the senate move to change the filibuster in any way at this point. it's not just joe manchin and kyrsten sinema opposed to that. there's a handful of democrats who are squarely in that camp. i think actually it was frustration, right, which is clear on this package. we are reporting that not only is the white house trying to get a framework in place but they want to have a vote as soon as next week on both the infrastructure deal and reconciliation. color me skeptical if that actually happens but that is what they are pushing towards at this point, just trying to force any kind of action because they realize this is the key to joe biden's first-term agenda which is quickly slipping by and as much as there's been positive momentum this week, they haven't been able to come together on a lot of those core issues when it comes to this reconciliation bill. >> katty, what are democrats going to have to do if they're dealing with a complete wall and republicans who wasn't participate and also with the backdrop of congressional republicans and many senate republicans not even agreeing about the attack on the capitol? >> they've got to keep the democrats onboard especially in the senate. president biden said last night and one of the better lines he had, when you have only 50 senators in the party up on capitol hill, every single one of those senators is a president. he was pretty open about his frustration. he called him a friend but he was pretty open about his frustrations with joe manchin and the struggles he's had dealing with him. he sounded optimistic that he could get it done. the president wants to get this done before he heads to europe for that climate conference. it would be good for him to leave with this already done and once he's out of town some of the momentum does go out of this, then he's not here on the phone to these people, to these wavering democrats all the time. the biggest debate is still over what you cut. and there isn't even consensus from my reporting within the white house over what has to get cut. do you cut everything just a little bit, or cut some programs wholesale? they'll have to figure all that have out within the white house and between the white house and congress. one of the u.s. new york city working to push through the biden agenda. california's alex padilla is standing by. he joins the conversation straight ahead on "morning joe." [ eerie music playing ] trick or treat! ♪ ♪ he is coming for me... but i'm coming for him. happy halloween michael. ♪♪ queen elizabeth is back at windsor castle this morning after spending one night at a hospital undergoing tests. the 95-year-old was discharged yesterday, one day after canceling a planned trip to northern ireland on medical advice. buckingham palace confirmed the overnight stay at the hospital but did not provide further details on the queen's health or the nature of those tests, the palace saying the queen went to a private hospital and remains in good spirits. for more let's bring in matt bradley outside buckingham palace. matt, good morning. >> reporter: good morning, willie. that language you were talking about, preliminary investigations, remains in good spirits, hard to know exactly what that means. the palace behind me, they're not going to give a lot of information on the queen's situation and the status of her health. she had a packed schedule for this month, something like 16 schedules events. to you and me that's not so much, but for a 90-year-old head of state, that's quite a lot, and she had been planning on head to go this conference in glasgow on climate change, a major international event. it will be attracting world leaders from across the globe. she had been looking forward to this because climate change and the environment is one of the rare issues the royal family has actually taken a pretty strong political stand on. i've been speaking with some royal watchers and they say the fact that she canceled the event this week in northern ireland, an important one for the monarchy goes to show there might be something serious going on. the fact is when it comes to anyone it doesn't matter how serious this is when you're 95 years old, any condition, any hiccup is quite a serious condition and means a lot for the health of this woman. now are we to believe the palace? they said she's back at work, back at her desk, handling the estate. we have to believe the palace on some level. they're probably not lying because this isn't like a normal member of the royal family. this is the queen here. this isn't usual tabloid fodder. she has a constitutional role. the status of her health, she enjoins the privileges after private citizen and the status of her health is protected by law, but at the same time she has this constitutional role, so anytime she falls ill, anytime a ruling sovereign dies, that is a big issue. that is an issue of state and why there are so many eyes on this. guys? >> matt bradley, thanks so much. katty kay, we almost take for granted how vigorous and vital she is because she's always been that way, 90 years old still doing all the things she does. she lost her husband, prince philip, earlier this year. what are you hearing about the health of the queen and this summit? >> 16 formal events in october alone. she's been in wales and england, hoping to get to northern ireland. she has recently been photographed and seen on camera using a walking stick. that was unusual for her majesty. clearly she needs the extra support when she's out in public and people are concerned. the palace hadn't particularly want this had story, that she spent the night in hospital to get out in public. they put out the information themselves. she would very much like to go up to scotland and sees this as a very important part of her duties. her doctor is telling her she needs to rest. coming up, one of the world's most iconic composers, andrew lloyd webber joins our discussion. we'll talk about the long-awaited return of broadway next on "morning joe." vo: it's always been true, that each generation has a moment to make sure it's leaving the world a better place for future generations. and right now is our moment. climate change has reached a crisis point. our very way of life is at risk. members of congress you have a chance, right now, to pass a plan that finally takes it on. this isn't just another vote, it's your moment to get it right for them. congress, pass the build back better act. everything you've seen me do was made possible by what you don't see. cause when you're not looking, i go to work. ♪♪ strength isn't a given. it's grown. it's earned and tested. ♪♪ we all have the strength to see what's possible. it's up to us to unlock it. tonal. be your strongest. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us ♪ ♪ your new pharmacy is here. and here. and here, too. it's here to help you save time and money and trips to the pharmacy. it's here to get you the medication you need when you need it. who knew it could be this easy? your new pharmacy is amazon pharmacy. this struggle is no longer over who gets to vote it's about who gets to count the votes or if they should count at all. jim crow is a sinister of election subversion. the vice president leading our administration's efforts and we support democrats pressing to enact voting rights bills, making sure we have unanimous support. each and every time senate republicans block it by refusing to even talk about it. they're afraid to even debate the bills as they did again yesterday even on a bill that includes provisions they've traditionally supported. it's unfair, unconscionable and it's un-american. this battle is far from over. the door has not been closed. >> 38 past the hour. president biden yesterday speaking at the tenth anniversary of the unveiling of the dr. martin luther king jr. memorial. later in the day at a cnn town hall, the president was again asked whether he'd support eliminating the filibuster to get voting rights legislation passed. >> if, in fact, i get myself into, at this moment, the debate on the filibuster, i lose at least three votes right now to get what i have to get done on the economic side of the equation, the foreign policy side of the equation. so what i have said -- you're shaking your head no, but let me tell you something, jack, it's the truth. >> when it comes to voting rights, just so i'm clear, you would entertain the notion of doing away with the filibuster on that one issue? is that correct? >> and maybe more. >> joining us now democratic senator padilla of california, a member of the judiciary committee. and, senator, you spoke with president biden earlier this week about the importance of passing voting rights legislation. can you take us into that conversation? >> sure. and in many ways it was a preview of what he shared publicly yesterday. he called to thank me for my efforts within the democratic caucus and senate to keep our fight for voting rights on the front burner, reiterating his commitment to it. all options are on the table to get this done. there are so many front burner issues. the budget reconciliation that everybody is focused on these days. and let's not forget immigration reform. there's so much that america doesn't just want but america needs. we were talking about how to continue to move the ball forward. it's been an eventful week. i am confident we'll get it done. >> did the president express any frustration this would be having a hard time? >> that comes with the territory in our line of work, don't you think? especially the times that we're living in, the political climate that we're in. but also, literally, the 50/50 senate, and what that means -- and by the way, it's not just the body as a whole, it's every committee is evenly split so it is grinding through the process to get things done. >> do you support changing or eliminating the filibuster in order to do so? >> absolutely. the filibuster is the only reason we haven't moved forward already on securing the right to vote, on battling climate change in the way we need to, passing an infrastructure package, long overdue immigration reform, criminal justice reform, so much more. i'm in favor of eliminating the filibuster. that may not be in the cards right now. i think the argument has been made and continues to be made. we need to make some accommodation for the sake of our democracy. the hypocrisy is undenial. >> the legislative agenda of the president, he has stepped up outreach trying to get this done. some sort of framework before he heads to europe for the climate change summit. there are some holdouts, though, in the democratic party. where do you assess the state of negotiations and what is the frustration level for you for senators manchin and sinema who seem to be holdouts? >> my overall assessment is i'm highly confident this will get done. both the bipartisan package, already approved by the senate, and the budget reconciliation package, which is needed. while i appreciate there's a lot of attention on senator sinema and senator manchin, if you step back the big picture is why we're here to begin with. republicans refuse to cooperate and do what our country needs done in terms of investing in infrastructure, investing in the economy, investing in working families. if we have to go a democratic only route, that's what we'll do. this is sort of the diversity of the defensemen caucus playing out in public. at the end of the day everybody from senator manchin and sinema to sanders and everybody in between knows we have to get this done and we will get this done. >> are you worried about the politics of it all? if we don't get it done soon will it impact the governor's race in virginia, the midterms? then let's pan back, the deeper concerns about the republic, our democracy, that in some ways drive how you are approaching this voting rights. >> all of it points to the urgency with which we need to act, right? let's talk infrastructure, the state of our economy, concerns about workforce, child care. really hard for folks to get back to work if you don't have a safe place to leave your kids when they're not in school. climate change is not a theory. record hurricanes, flooding not that long ago here in the northeast. climate change is real, it's here and our fundamental right to vote. republicans in congress and the senate say if we're going to change election laws, they sit idly by when the right to vote is under assault in state house after state house. they can't have it both ways, and if we need to reform the filibuster or abolish the filibuster we have to protect our right to vote. >> good morning, it's willie geist. great to have you on the show. you were appointed to your seat by governor newsom. you've been in your seat for about nine or ten months now. i'm curious on your perspective now that you have a couple months under your belt on what it's like to operate within the senate. you pointed to a group of republicans who plainly have said in explicit terms they're not going to help the biden agenda at all. what has it been like as a relative newcomer to try to get things done there? >> i think back to the day i was sworn in on january 20, a couple hours after the inauguration itself. i was surprised how many people both sides of the aisle came up to me, congratulations, look forward to working with you, and even republicans who said if all you do is watch us on the national cable news, that he the wrong impression. we try to work -- not all of them, not all 50, but more than i expected. but i think the verdict is still out. there's been some elements that have been done on a bipartisan basis. the infrastructure package is one example. when not a single republican can bring themselves to vote for the rescue plan in the height of the pandemic, it has to make you wonder. they will not study what led to the insurrection of january 6, it makes you wonder? and here we are stuck on the reconciliation process to invest in america's infrastructure in the way that we need and not a single republican is willing to come along, our democracy is being strained at so many levels. >> i don't disagree. senator alex padilla, thank you very much for coming on the show this morning. we appreciate it. and up next, legendary theater composer andrew lloyd webber joins us ahead of tonight's reopening of the longest running production in broadway history. keep it right here on "morning joe." joe. t mountain on the face of the earth. keep dreaming. 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you got it. ♪ 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 ♪ subway®... has so much new it didn't fit in our last ad. like the new deli-style oven-roasted turkey. and new hickory-smoked bacon. it's the eat fresh refresh™ at subway®. there's so much new we don't even have time for this guy! but i'm tom brady! oh, and there's smashed avocado too! so, should all our it move to the cloud? the cloud would give us more flexibility, but we lose control. ♪ ♪ ♪ should i stay or should i go? ♪ and we need insights across our data silos, but how? ♪ if i go there will be trouble ♪ ♪ ♪ wait, we can stay and go. hpe greenlake is the platform that brings the cloud to us. ♪ should i stay or should i go now? ♪ ♪ ♪ ♪ jesus christ superstar ♪ tonight for the first time in 18 months the curtain will rise and the chandelier will fall for broadway's longest running show "the phantom of the opera." ♪♪ ♪♪ ♪ in dreams he came ♪ ♪ that voice calls to me ♪ ♪ and speaks my name ♪ ♪♪ ♪♪ ♪♪ >> and the musical's legendary composer, tony award winner andrew lloyd weber joins us now. it is great to have you on the show. it is such a difficult time for theater and everybody involved. how are you feeling? and how will this broadway experience be different now as it regins? >> it's going to be very exciting. i've been working with the cast and the orchestra for the last few days. and it's just thrilling to be back. i'm always amused when they run around the theater saying mask up. i think we've been wearing a mask in this theater for 33 years. >> true! this is absolutely true. you know everything about the mask. you said the cast and the crew is so excited. what is it like to be with them in the final days before coming back after covid? >> the brilliant thing is we have had a chance to rehearse the show completely as though it's a new musical from scratch. having been closed for 20 months we have worked with the cast, go through the material. remind ourselves of what it originally was. i'm reminding everybody what hal and i wanted. it's been a great experience reexamining the cast. we have a 28-piece orchestra which is a thrill for any composer and it's been a joy in itself. >> certainly so difficult for people to not have that experience of live theater, live music. talk to us about what you think that will be like. certainly saying it's a chance to revive and ri visit show but what about the connection with the audience? >> there's been really brilliant films made in lockdown, shows and really good work done and nothing, nothing in the world replaces the experience of being in a live theater where people perform for real for you that night. that's the thing. i just love, love theater. something you can't replace. simply can't. there's nothing else in the word like it. >> i a. what do you think given all the things we have gone through, what does it mean for theater to come back in the moment we seem to be grieving. >> also the fact that all the people that work in theater work in theater because they love it. my new show in london the cast were on stage and crying because we're back. we're back. it's very difficult to put into words. something is taken away from you which is the thing you love. being able to get back to work again is the thing, the joy. >> so great to have you on. it's willie geist. i get a chance to thank you for opening my eyes to broadway when i was a kid in middle school and high school and too obsessed with sports. my mom took me in the city from new jersey and saw "phantom of the opera" and i think i've seen it seven times since and taken my own children and thank you for that gift and so much you have given the world over the years. what do you think it is about broadway that gets people so thrilled and excited? i have seen the pent-up energy. they want to see a matinee and then a show at night. i think having been at home and there's magic in broadway that has people ready to spring back in the theaters. >> i think broadway is the home of the musical. i say that as a brit but i always get a buzz myself when i come to broadway. i'm so looking forward to opening a new show which is a new cinderella to do next year and supposed to open last october of course on broadway but it didn't. we have opened in london now and getting the other thing is i'm a restless soul and want to write a new one. i'm always thinking of the next one. it is the thing i love and the most important thing i think people should remember is that the theaters themselves are safe and secure. theater owners are rightly insisting that people wear masks. you have to be double vaccinated but most important of all it is ventilation. i own six theaters in london. six big ones and the one thing in the pandemic is to go right through the buildings and make sure that there's no recycled air and i do passionately believe that what we have got to do in theater is to make the experience as wonderful for people as possible which isn't just the show but the buildings themselves and feeling secure. you can feel secure on broadway. i promise you. >> you mentioned cinderella opening now finally on the west end to the great relief i know. took time and bringing it to broadway next year. you've called it a reinvention of a story so many people know and love. >> it is reinvented by a girl who wrote "promising young woman" and got her the oscar this year and if you have seen it, it is not just cinderella by a fireplace and moping. she is a cinderella for today and a message that is that don't change yourself to make yourself look like what you think other people want you to look like. because it goes wrong for our girl when she does for a moment and can't tell you anymore. >> wow. "the phantom of the opera" reopens tonight on broadway. andrew lloyd weber, what a voice you have. thank you so much for being on the show with us this morning. we really appreciate you stopping in. to fill us in on the big comeback. before we go today, we were talking earlier in the show about florida governor ron desantis fighting the vaccine mandates, just fighting them. every step of the way. jonathan, i believe you were talking about folks on the internet and twitter maybe thinking perhaps he was mimicking donald trump. they were the recount and here's a look. >> everybody here we do it. >> judges are a priority. >> honestly -- >> we are going to put the minors back -- >> to say no covid vaccine passports. >> made in china. >> made in china. >> why would we want so many important things to be at the whim of china? >> jonathan lemire, it does appear to be mimicking. >> a nice job there by the folks at the recount. earlier neglected to mention who did that video and i was bullied into tweeting about it now. but no. it's a great job and remarkable however governor desantis is moving and acting like the former president. >> yes. and we know donald trump doesn't necessarily like that ron desantis may be angling for the gig in the white house. we'll see how that relationship goes. final thoughts on the red sox? does it end tonight or does the ride continue? >> it is a scrappy underdog team. we hope for the best. they have exceeded expectations. i'm a nervous wreck already. you know what? i think they win tonight. let's do it. >> let me help you out. they're tired. it's over. that does it for us. stephanie ruhle picks up the coverage right now. ♪♪ hi there. i'm stephanie ruhle live at msnbc headquarters here in new york city. it is friday, october 22. there's a ton of news. we have got to get to the facts you need to know this morning so let's get smarter. breaking overnight, tragedy on a movie set. actor alec ballot wine fired a prop gun that killed a crew member and injured another. investigators trying to determine what went wrong. while in the city of baltimore, president biden candid about the agenda and the split within t

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