i will say this, joe scarborough, thank you for being on this morning for my first show officially. thank you for watching. mika, what's next? good morning, welcome to "morning joe," it's tuesday october 26th and along with joe and willie, we have the new host of "way too early," jonathan lemire and our msnbc's contributor, katty kay is with us and our eugene robinson joins us. joe, we got a big morning ahead, a number of developing stories we are following. it's good to have jonathan aboard. >> jean robinson, i want to follow a conversation. there is a time to negotiate and bargain and hackle. we are seeing the outline of the reconciliation bill, we are close to that now. what democrats need right now is understand that nothing succeeds success because they need to pass that massive bipartisan infrastructure bill, get the great buzz from it two or three days and follow-up. they're all bathing in the collective glory of that, then they pass the reconciliation bill on saturday, good headlines on sunday and help terry mcauliffe and other democrats on tuesday. >> every democrat i talked to says don't worry, we are going to win this fight because the alternative of crashing the plane, we are not going to crash it. we'll land it. it's time. >> land and stay on the plane. >> it's time to get the plane down. this latest artificial deadline that's being said as the president going abroad and we got to do it this weekend, it should be a real deal. >> yeah, they really do. they are up for a tough election on tuesday. those elections for people that are new to congress and new to politics who don't understand it, the virginia election does act as an accelerant for the party that wins and the party that loses. if democrats lose in virginia, bad news on candidate recruitment and fund raising and bad news on deciding the base moving forward over the next year. democrats need to do what's right. they need to pass the infrastructure bill and work feverishly and get the next bill done. i must know where every period going to be or comma on the reconciliation bill. >> no, you don't have time. as benjamin franklin says we all hang together or all hang separately. the democratic party is going to be in a bad, bad place. >> willie geist, speaking of a bad place, let's talk about jonathan lemire. what are some bits of advise about getting up early to do the show that you can repeat on live television of millions of young children across america watching. >> well, first of all, when we initiated "way too early" as a pregame show for "morning joe," we never imagine it would be here for a decade. >> what are we all doing here? >> i know my wife tweeted to your wife, i know the day that willie told me he would be getting up at 3:00 a.m. as well. know your audience. members of congress in the gym, it's hot restless sleepers. it's people's cats walking up their face and woken them up. bartenders wanting something to watch at 2:00 in the morning. >> thank you for that. the occasional ceo and analysts wandering the streets looking at their phone and trying to stay out of the rain. my question to you willie, thank you all of you for this and i am excited to do the show. now our long, you only had 30 minutes. what are some nap strategies and what's the best way to do the show and stay functional? >> you don't nap. >> i have been in the nap years and years ago. it puts you back down into a valley that once you are in the valley. >> two days. >> exactly, you got to keep moving and exercise and stay busy which is going to be no problem for you because you are the white house's bureau chief and you are writing a new book. no time for nap. >> big mac and fries and diet coke and start drinking at 4:00. you will be fine. mika, let's talk about the stories we got in front of us today. >> i did all of that this morning just over the past 30 minutes. so i am ready. >> hey, thank you, guys. we have a number of developing stories a new front in the show down between the biden white house and former president trump. the biden administration rejecting another privilege claim made by president trump over documents on january 6th, attack on the u.s. capitol. we'll be joined by officer michael fanone. he'll be our guest at 8:00 a.m. eastern. the advisory board will meet to discuss the approval of pediatric doses of pfizer vaccine for children age 5 to 11. and, today is one week until the pivotal race for virginia governor. that means one thing. we all know what it means, steve cornacki at the big board. we'll have stooefr with us breaking it all down. investigators seeked three seek three guns. 28 items recovered from the set. other items include ammunitions and nine shell casings. as the new york times points out that the inventory did not specify what kind of ammunition was seized and whether it included regular bullets. more details are emerging of the assistant director who yelled "cold gun" to indicate the safety of the weapon before handing it to baldwin. he has been fired after a gun discharged on a set injurying a crew member. halls did not respond for a comment. >> on the status of the investigation. boy, a lot of people will be waiting for that news conference to finally arrive, joe. >> how timely only a week after the accident? >> i think it's weird: >> even the search warrant? it comes as late as it did and still not giving us specifics. you are talking yesterday with the judge who says early on it's just so bizarre that we have gotten the information, have been from press releases, from the production team or alec baldwin's pr team. we are told he's going to have breakfast with the husband and son. we are not getting details of what actually happened on the set. our show calls a couple of fights ago saying we are going on in the morning and we'll ask questions. you still have not told us what happened and why is the sif department not releasing department. they finally did release information that it was inside of a church. but, really bizarre. we still don't know what was fired from the gun that killed the cinematographer last week. >> there are so many questions. i am wondering who's controlling the information kr fr these climates. >> you ask the right question. what exactly was in that gun? was it a life round inside that gun. if so, how did a looifr ground get into a working handgun on a set of a movie. we talked a lot of people saying this was a small budget movies. it didn't have that layers of teams. that's not something like a star wars movie where you have the entire department working on the armory and all of those things. it's been heartbreaking to hear a story of a mother and a wife and a talented cinematographer. baldwin discuss handed a hot gun and was told a hot gun. it fired such close range that it killed this woman tragically. >> how little information the sheriffs department at new mexico is put out this story. international interests and everyone if it was a local story that nobody cared about. would they be drag tg their feet a week later to put the most basic information out. it does not make any sense at all. >> you wonder if it's a local story or we could have gotten the information quicker. there is the fact that there is so much potential on this and celebrity names involved. >> i wonder whether that's part of the reason we are not hearing because you are right, we should have heard from the sheriff's office and there should have been the same conference the same day or the next day. all we are getting now is reporting from members of the press of what happened or people who are on the set of what happened and that's not okay. that confuses the situation. the family of the husband who died, we want to hear directly. >> the only thing i am thinking is we are actually so many people that witnesses, they are taking every moment they can to talk to each person and put together a detailed account and match each story. because this didn't happen in some sort of hidden wave behind the scenes, middle of the night. this happens in front of a lot of people. >> so the yes -- >> yeah, go ahead. >> i am sorry. >> the question is what gun did he used? >> what was she shot with? there is speculation for over a week. we got release public relation releases for the first 34 days. the guy that is everybody is blaming over press releases and media interviews. he's convicted basically over the past week in the press. and yet we don't know what actually happened on that set in he could be, maybe he's the phone guy here. we would not know, would we? the santa fe sheriff's department has closely held information and they are not releasing this. they would never do this if it was a local story. why are they doing it now? >> this is something that everybody is asking privately. i am not hearing people asking this publicly. just really strange and bizarre. i wish alec baldwin and his family nothing but the best, this is a horrific tragedy. we hope everything turns out all right for him, alec baldwin and his family. if the sheriff's department is not doing him or his family any favor if his attorneys or public relations people are saying let's squeeze the information as long as possible, they're not doing him any favor. >> i don't disagree with that. the information needs to get out. the longer that they stay on top of it, and the less transparent the sheriff's department is? more questions raised. at this point a press conference a week later. i guess we have to sit and wait and figure out why they drag their feet for this long. >> we'll be following this story. let's move to facebook. data scientist continues to sound the alarm about what she says unchecked power at the top of the company. >> mark zuckerberg has unilateral control over 3 billion people, right? there is no will at the top to make sure these systems are run in a safe way. until we bring in a counter weight, things will be operated for shareholder interests and not for the public's interest. >> she provided thousands of internal documents to the u.s. congress. those people includes allegations that zuckerberg caved to vietnam's ruling communist party last year. to help sensor, antigovernment posts. the plan was not to quote, politically neutral" and could make facebook seen as partisan. >> zuckerberg is now hitting back. he claims the documents we have been talking about is being selectively leaked as part of a coordinated effort against facebook. his terms. you can see the giant reported near record revenue and quarterly profit of $9.2 billion yesterday. do not take into account of any losses into the company. facebook continues to move forward despite everything we know inside. $9.2 billion in profits. zuckerberg talking about a bigger focus for facebook on young people. it's known fof an older audience. he wants to use his sbins gram and getting his kids again. >> it's facebook's own document. i got facebook, they understand of their own products and detrimental to the health of young girls. we are finding out he's working with the communist dictators in vietnam to do a press democratic activists, that's not just happening there. that's happening in another totalitarian country. the new york times have reported this for years. >> they'll help members of the mob who want to overthrow the united states government and argue rallies so they can go in and do their best and beat the hell out of cops. he just keeps getting richer. the worst he's at, the richer he gets. robinson, congress want step in. the white house is not stepping in. they'll not regulate this company and this rubber barron who's every bit as much of control of the rubber barrons and the trusts that teddy roosevelt had to try to break out. >> that's been true, the world is turning here. these documents are reserveulation from francis had been not just sensational but regulatory in terms of what's going on internally of facebook and what facebook knows about how its platform is being used and what facebook does or does not do about it. there is so much on the record now. i don't see how congress avoid some sort of, not just scrutiny but regulation of facebook. i am not sure what direction i will go in. there will be a powerful sources arguing both size of that question. i think this is sort of a point for facebook. the other problem for the company is of course user basis agent. it's young kids are not going onto facebook and not going on instagram the way they used to. and that's a more problem for the company. >> we'll be watching this as it unfolds. questions are coming to the surface now of all the different angles. there are now seven days to go until election day. there are a number of key races we are keeping an eye on, florida to ohio. the most pivotal race is in virginia. the race for governor is neck and neck. president obama will headline a rally later this evening for terry mcauliffe. let's bring in steve cornacki, break it down for us. >> one week to go. seven days, virginia is the one taking center stage of all the different elections next week. as you can see terry mcauliffe, he does lead in the average, it's now less than 2 points and a point and a half between mcauliffe. first, this is the trend democrats like and the one mccall hopes he'll going to carry them across the finish line. the last part of the 20th century up to 2004, virginia was republican. joe biden won it by double digits against donald trump. terry mcauliffe is trying to attach trump to youngkin. he tries to replicate as much as he can, what happened just one year ago. >> modern gubernatorial election in virginia, there is a lot going on here. this chart is going back to 1977, always and always comes from the party that does not control the white house. >> 1977, a republican won the governor's race. opposite trends continue up in the years. the one exception in this list was in 2013, barack obama, democrats was president, that was when terry mcauliffe first got elected to governor. he came in well under 50%, barely won the race by 2 points. was it a sign of strength or a warning sign of mcauliffe? we'll find out a week from now. the backdrop for all of this. joe biden, his standing nationally and these virginia races and especially virginia, they tend to function a lot like midterm elections do. biden's approval nationally at 42%. virginia, a little better, 45%. that's what democrats in 2017 won by 9 points of the virginia's race, democrats was at a 40% in virginia. that helped democrats greatly. this year the president has 45%. we'll see if that hurts them. >> steve, both candidates have nationalize this race. you got terry mcauliffe bringing in the all-stars. what are the issues that's going to swing this race? a year ago it was ten points. mcauliffe says i don't think parents should be involved for what happens inside our schools. what else will voters be looking at as they head into the polls? >> i think that's the essential question here in virginia. this is a question for the whole country of next year's midterm elections. we say that democratic in virginia, the big reason for that is the suburbs right outside of washington, d.c. these are big densely populated they have been moving towards the democrats. the question here is during the donald trump era. for youngkin, let me give you one example here. this is loudoun county right here. this is suburban and outside of washington, d.c., incredibly fast growing area. joe biden won loudoun county by 25 points over donald trump last year. in the margin in the mcauliffe and youngkin can raise in loud din like this is game over. this is not static. it was 25 and 2020, the margin for hillary clinton four years earlier was 17 points. we can show you examples like this and trends like this throughout northern virginia and other suburban areas. the question for youngkin, can he get it some where back where it was pretrump. on election night, a week from now when loudoun county comes in, the number i got in my head is 15 points. if the democratic margin starts to come south of 15 points, that's a very encouraging sign for the republicans. if it's north of 15 points then democrats may be keeping a lot of those and suffers. >> steve cornacki, thank you so much. great analysis, we'll be watching this. now to the first nor'easter of the season hitting the northeast right now. let's bring in bill karins for the latest. >> good morning mika. new york to boston, the wind will howl with this storm, too. this storm comes of two pieces. the first is heavy rain. it's going to pour all during the morning commute and lighten up later this afternoon. we have some flash flood warnings in central and northern forces of new jersey. >> flash flood watches are up for 39 million people from newark, delaware all the way to boston. >> as far as the as additional rainfall goes, the heaviest is long island and new york city. isolated totals of 6 inches. >> an amazing amount of rain. this has been a snow storm two months from now. this is all rain. it's not cold enough for any snow and everyone central and northern england. the wind will be a problem. we'll have a couple of thousands without power and out towards the cape and the islands. we'll see wind gusts approaching hurricane strengths. we still have enough leaves that's still left in the tree. this will be a problem. we could see some power outages from the storm. if you are in the yellow, you have an isolated chance. the orange is scattered. we do think widespread power outages are likely. a good chunk of southern rhode island. >> the other story today, the huge west coast storm is moving into the hartland and we'll see a severe outbreak later today or tomorrow. maybe a few tornados. that has changed dramatically with our huge west coast stone. nor'easter, severe weather tonight and possibly another one friday and saturday heading into the halloween weekend. >> bill karins. thank you very much. president biden rejected a claim by former president trump over documents related to january 6th. we'll have the latest. we'll be joined by officer fanone who was beaten by the mob while defending the u.s. capitol that day. the fda could authorize the covid-19 vaccine for young children this week. will parents be on board? >> a note, the new episode of joe podcast's is out. 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(snap) fine jewelry for every day. minus the traditional markups. we're mejuri. handcrafted like the olden day. designed for the golden days ahead. ♪♪ ♪♪ it's 35 past the hour, now to the development of covid-19 vaccines for children. moderna says its vaccine is showing a strong response to younger children while tens of millions could be eligible for get the pfizer vaccine. stephanie gosk has all the details. >> reporter: the pediatric doses for pfizer vaccines are ready to go for ages 5 to 11. officials in some states are getting ahead of an expected authorization. >> in a few days' time, millions of parents should be able to breathe a sigh of relief. >> reporter: pfizer says the two dose is more than 90% effective. moderna announced its vaccine for children triggers a robust response with mostly mild effects. being eligible and vaccinated are two different things. only 30% of parents say they would get it. a group of 80 moms from different backgrounds. >> were you surprised how many parents were vaccinated but not getting their kids vaccinated right away? >> absolutely. kids are going to be okay and so they're willing to take that chance. >> the message of social responsibility is not resonating. >> we have a moderate public health in the u.s. that's focused on individual risks and responsibility. with vaccines, we need as many people vaccinated as possible to g protect those who can't get vaccinated. >> the other issues is covid news fatigue, she's putting her head in the sand and tired of all the information. if they are not listening, changing minds won't be easy. stephanie gosk with that report. joe, there is going to be and i worry there is going to be concern among parents obviously in the anti-vax community. this could be a game changer if good amount of kids got vaccinated. >> yeah, we talked about it before. there is this hyper individualism fetish that has grown over the past 15 or 20 years. we have taken what has been great about this country which is individual freedom and rights. it's becoming so skewed in that direction that nobody ever is thinking about what's best for their country or their community and their neighborhood and their neighborhoods and families. >> jean robinson, thank god we didn't have this sort of hyper individualism after pearl harbor was bombed in 1941, we would not have won the war. >> i mean, jean, it was one sacrifice after another that americans were asked to made. americans willingly made that fies. sacrifice. >> we were a nation that moves together whether we agree with each other politically or on religion, i mean hell, you look at the heroes in world war ii and the korean war in vietnam. black americans who were not being treated equally. even men in that position put their country, that country ahead of their individual good time and time again for a bigger cause. we can't everyone do that as a country now with a safe vaccine that's one of the modern wonders of our time. >> that was then and this is now. the threat was obvious and perceived by all to be such a threat that differences had to be put aside and everybody has to pull together. >> some reason and i don't understand that that it's simply not taken place right now. >> 750,000 people posted that have died from covid may be? >> it's the past year and a half, this is an emergency. >> this is a threat. >> a dire threat that we have within our power to squash and get rid of this virus and deny it and the potential host which will allow for it to replicate. this is a race against time. it's tragic. tragic that people we have not pulled together the way we have in the past. >> well, and katty kay again, this selective reading of the founding documents, ignoring the common welfare of the american people. we can compare it to world war ii. by the time covid is over, twice as many americans is likely to die. >> there is a reason you had vaccine mandates in the past and it's not just to protect the individuals but also mitch mcconal. vaccines world to protect everybody. a quick notion of warning, i think there is a feeling here in the states that kind of covid is in our rear-view mirror that we don't have to watch it anymore. i am watching in the u.k., where they have a surge in cases and it's among school kids, you are getting more people in the hospitals. the more people we can get vaccinated here and among school children, my daughter was sent home early because of a covid outbreak in the u.k. this is happening. as you say to protect everybody else. even they're not going to get super sick but they can spread it to other people. >> there are 70 million eligible americans who could be getting the vaccine and are not yet. >> would any of those people give the vaccine to their children? >> i think the answer is ovly not if they're not going to put it in their body, they're not going to put in the body of their own children. >> the biden administration and pharmaceutical company, and science worked the miracle. it's going to carry us through this. what we didn't account for enough is it's such a large swap of this country unwilling to take it to get us through this pandemic. also, thanksgiving is less than a month a. are you ready? >> it's shaping up the most expensive meal in the history of the holiday. >> consumer group says almost ingredient in a traditional american thanksgiving from the disposable. experts warned the biggest expense this year will be the turkey. the price per pound is expected to rise above $1.36 cents. >> passing those record benchmark price setback in 2015. the grocery stores right now, everything is up. okay, this is different than even a few months ago. everything. >> jean, there are few politicians had to deal with inflation. i remember back in '75, gerald ford, he had those win bout ton. whip inflation now. it was not until it was moved to 22% or 21% in the late '70s. a sort of a thing we have been worried about for some time. we are never going to see it again in our lifetime for wfr reasons. americans are starting to feel it it. if it continues to grow up, it will be the top issues politically, it will be fascinating because you have politicians that have not dealt with that in their lifetime. >> the big question is, is this firth of inflation is, is it a transitory thing as chairman of the feds believe it's. >> and will it get better as the kick and the supply chains work themselves out and we start coming out of covid and etc. is it a trend in the company that's durable and it's going to accelerant. inflation is at levels. what we are going through now is nothing compares to then. we don't want that to change. >> okay. now for something completely different -- >> we got two things going on right now, we got inflation and we have tl fact that you can go to some stores and there is nothing on the shelves. >> we had a friend who child had a birthday and went to best buy to pick something up and it was, we used to have this safe way in washington that was called the soviet union saveway. . >> that's what best buy and other places are like now. so you have inflation on one side and you have a really screwed up supply chain on the other. americans are not used to this. this is not good politically. for biden white house or anybody who's in power. tom brady became the first quarterback with 600 career touchdown during sunday's win over the bears and the return of the record breaking ball, the talk of sports world after it was mistakenly thrown into the fans. the fans was kind enough to give the ball back. brady who joins peyton and eli manning. >> negotiating with firearms. he should have held it. >> yeah. >> if he were to hold it, he would be sitting at the top of tom brady's seat for the rest of the season. >> i think it worked out well. >> i am also giving them a baldwin. >> that's pretty cool, too. >> at the end of the day, i think he's still making out pretty well. >> i don't know than lemire, we need to talk about how great the here show is ready? >> where else on earth can you sit and watch the football game and analysis what's happening. >> to talk about the guy losing leverage should have held out for more. when you laid it out, he's got a good deal. >> a bunch of other things. the highlight was before tom brady came on, marshawn lynch was with the guys. he dropped an f-bomb to the point where peyton manning has to apologize for the judges. >> speaking in the case of marshawn lynch the way people speak when i watch my football game. >> i respond my, white negotiators. >> you are right, deup and downing i am one who looks as a patriots fans. >> that show is really fun. they watch a game and doing it in 'relaxes way, too. >> for fans, hard to penetrate, they do a good job to make it assessable. eli manning, remember i got in trouble and using the flipping off the camera, the double birds he puss it. i do think perhaps between, set up a nice tablet of what we can do this morning. >> we need to raise some barriers. >> all right -- >> joe tried that format. >> all right. man. >> willie, explain to jonathan he's kind of late to that party? 2008? we had to implement a 7 seconds delay we did. >> the only there and our great director. our panel there of a series of buttons. one silences you when you use an f-bomb and the other is silence the traffic, we hit the traffic button instead of the joel button. you don't have it anymore, you are on your own now. >> oh my god, coming up, vaccine mandates sparks a new battle between york city and its biggest police union. we'll speak next with seattle for police chief. >> coming up next on "morning joe." carmen best. joe. carmen best. bogeys on your six, limu. they need customized 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. ♪ tonight, i'll be eating a buffalo chicken panini with extra hot sauce. tonight, i'll be eating salmon sushi with a japanese jiggly cheesecake. 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and what could be police officers should be vaccinated and do e agree with mayor deblasio's mandate. what's the best way forward to communicate health and safety for police forces? >> good morning, mika. >> i am perplexed of officers becoming vaccinated. any my book, i taked about the fact that seattle was one of the major cities, officers really worried and they were aforelady of their health and the people they were contacting. >> here we are a year and a half so later, there is persist tant of protecting yourself. >> and i have seen officers myself risk their lives to protect other people. >> so surprising to me they won't that i can this extra measure to protect folks who are vulnerable and could become infected with covid-19. >> good morning chief, your new book, you talk about your decision to design inning a of 2020 as the thief of police in seattle. >> in our city, you see police are being defunded by police. >> could you plesh out about that difficult decision. >> why did you decide to step down? >> willie, it was essentially the fact that i could not standby why they decided to reduce the number of officers in the department, it did not nothing to enhance or increase public safety. there was no real plan for how we are going to address climb and kiem issues. important to me to make a statement. >> i talked about it in my book. there was no way i was going to stands by as a police chief and be apart of that. >> also, reducing the number of usually means, the last one or first out, we had made such a great drive in having the police department of the commencety co serve. >> it seems what's happening in washington and portland and other cities may have been an example. overwhelming sprons i get from so many of those officers are. they still feel like they are set up to fail and it seems as if we have police officers across america operating sort of son their heels and not moving forward. >> how do we move beyond this? how do we let officers know there is going to be police reform but also mayors and city council members have their back. >> yeah, they have to show they have their back. i came up to the rank from an officer working all the way through every part of the police department, ultimately becoming a police chief. i am committed to public safety and recognizing the issue around race. we are playing knowledge and of issues of the past, we work together to have a plan to move forward. >> together with community to make public safety better. it can't be some gain. it has to be both ends. more officers, better service but also looking at other options to assist police officers. it's 7:00 on the east coast, we are talking with former police chief, carmen best. we are talking about difficult situations with police forces across the country. >> pushing back vaccine mandates and many officers going to work across the country unvaccinated and fearing the vaccines, the covid-19 vaccine. jonathan lemire has the next question. >> great to see you this morning. there is been real staffing concerns. this comes as a time where we see biden's activity rise. what can be done right now of this delta variant although legislation is falling. >> what can be done to stop the uptake of violent crimes that we see in our country. >> vaccine mandate and it comes at an unfortunate times. these resources are limited and crimea is up and shooting is up. we need officers on the field to perform their work. it's difficult for police chief around the country as they try to grapple the idea of what to do next. in some cases, services areing be reduced. that's kind of a thing so they can have officers there. it's an unfortunate time. it's a time where we need to have the number increase and facing this issue. >> jean. >> jean robinson, congratulations on the book. my question is why. why are we seeing so much resistance among police officers if particular to taking the vaccine. these are knotty mid people. these are not frighten people. they risk their lives and you know daily and are they scared of a little shot? what's the deal? >> many have taken the vaccine and many have not. >> 5 inches to 15% in come cases. so many more are taking it but they are not. >> we recruit from the human race and the folks that are here, across the country there are several moeks that are not taking the vaccine and so we are finding that for policing as well. we are doing as much as we can as far as education. some people are still resistance and have hesitancy of taking the vaccine. >> you mentioned part of it of course, your decision to leave other partner. >> tell us what else will we learn here? >> i automatic about my history going through. >> i work my way through the ranks and became a chief of a major city. >> many people can say that. >> leadership i have learned every times. >> i talked quite a bit of the. >> how it all went down and the struggles of city council, police appalachians. >> carmen best, thank you so much. >> lessons on leaderships and breaking barrier and racial reconciliation, you really need a book like that. right now you can read the exert. thank you so much for being on the news this morning. in a letter to the national archive obtained by nbc news, white house council, said president biden determined that trump's efforts to keep a new batch of records out of congress's hands was quote, none in the best interests of the united states. she documented to turn over the trump's, president trump filed a lawsuit last unique, seeking to block the city. a federal judge will hear for request next week. we have peter baker and u.s. national editor at the financial times. gate to have you both on board with us. >> peter baker, executive privilege is an extraordinary privilege, people need to go into the white house and know they can give the president advice or have an frank exchange on policies and whether it's domestic or foreign policies. they can see us back and forth in certain areas and know that their communications are going to be protected. in this case, you are talk about what went on leading onto january the 6th, you have communications that are trying to and doing their best, thaer trying to figure out the best way to overturn a democratic election. the election results over 150 million people voted in. >> it does not seem to be me that executive privilege would fit because these are not normal communications. >> that were need in the course of regular add slansed in the white house. >> is there any chance of trump's executive privilege is recognized by the biden administration? >> executive privilege is not an absolute. it's recognized as an important priority. it does not mean it can't be overcome by other priorities. >> we learned it can be overcome by the need of accountability. >> we also learned that it weaken overtime after you leave office. >> if you are not a sitting president, your claim to executive privilege by the court is not recognized to be strong as it's when you are in office. >> joe biden does not find any reasons to recollect donald trump. there is a reason to have an exception and that's the argument they'll take to a judge. >> you know, ed, and we had woodward and costa on yesterday talking about what happened the night before the nan 6 eye yacht and more be stills coming out, the more tomming it's. >> the story broke over the weekend. all of this combined to show just how premeditated that riot was and just how serious their plans were for an insurrection against the united states government, the overturning of a democratic election. >> hard to imagine any of those documents being protected by executive privilege. >> it's still new territory. when you mention, the war, they call it the command center at the hotel t steve bannon has a podcast called war room which sets the day before january 6th, big things llp, limited liability partner ships will be happening. there was clear evidence of conspiracy and i can't imagine any sensible legal ruling saying that the executive privilege pertains here. it's just hard to imagine what the grounds would be. >> so katty kay, there is great pressure to enforce these preponderances. thanks to media reporting and participated in the lead up to january 6th. >> fan the blames on that day. perhaps members of congress, some of whom said today. well, i don't remember if i talk to the president that day, i remember. members of my staff did that i would be proud of them to be stapding up -- >> we'll talk to officer fanone in just a few minutes. will the collect committee push hard enough to get these people in front of them and get a full account of what happened that day and the days that led up to it. >> they'll push as hard as they need to push. >> democrats, these subpoenas must be complied with. they need to sef, the problem is if you play out the legal process like steve bannon, he can drag it out for month and months, if not years to the point where the committee's work may have been wrapped up. bannon has the population to go to practice phenomenon for up to a year. we may not hear from him whatever the impact is. >> noum after they decide to push on him. it's clear that they want the answer. we got all of this evidence e emering from the war room and conversations. what needs to be tied now from all of that topipe and whether he was planning for these people to have some kind of insurrection. that's why we need to hear more from these witnesses. >> willie. >> new details of the deadly movie set shooting involving actor alec baldwin. >> reporter: witnesses and surviving victims are weighing in before or after the fatal shot was fired. >> miguel has the latest. >> it was onset during rehearsal when the fay value shot was fired. >> alec was given a prop gun and he was drawing his gun. director souza who was wounded says he was looking over halayna hutchins when he heard a loud pop. >> two people accidentally shot. >> reporter: hutchins was not in the chest and began to stumble backyard. another witness telling investigators she could not feel her legs. >> assisted director dave hall is the man who yelled cold gun. >> later telling investigators, he didn't know. >> he's supposed to check the gun. >> in 2019, hall was fired from a previous production when a crew member was injured in an accident discharge. >> hall's failed to maintain a safe work environment on their previous project. >> sort of dangerous work standards and pace, ignoring people when they need a minute to do something safely. >> citing safety concerns, several crew members walk off the set. the 24-year-old reed was the armor in charge of the weapon on this set. she recently discussed her experience on a podcast for her first film in october. >> i almost didn't take the job because i was not sure if i was ready? >> it could be a fatal mistake if anyone handles weapons and and mike barnicle is with us. >> we have been talking about the past couple of days, judge, you are saying it's confounding to her that we are getting press releases from the production company. >> from baldwin's people, we were not getting basic information from police. we still don't know what gun was used? all these days later. >> we don't know what type of rounds inside the guns. we don't know the basics of what happened. it's just a lot of leaks and a lot of pressure reports and pr being turned out there. now, we hear the sheriff's department is not having a press conference until wednesday. >> you are a in the newsroom for a long time and be a reporter. this is sort of buy harry, is it? >> well, it's behind bizarre. the bottom line question that i have not seen an answer is what are they doing with live ammunition on movie sets. how does that make sense? >> it's a movie. it's make believe and why is the ammunition is real? they tried to smother at least contained most of the details that the public has the right to know. this is a horrific tragedy. it's going to change the way movies are made in terms of the violence that you see in violence and guns you see in movies. it makes absolute no sense. it had not revealed until late sunday night after we called saying what the hell happened? >> where did the shooting occur and explain what went on. snie why are you not telling us the most basic thing. >> finally late sunday might, i saw breaking news from the new york post, they released information that they were inside of a church and governor was practicing his round. we still all these die days later, what kind of gun was used and there are so many questions that are still unanswered. i want to know why the police are acting differently in this case than any other case we have followed at least i've seen coverering some type of stories day in and day out. >> movies are about images. that's what you see on a screen. nothing is more important than their ipad. screen. urging police not to release information. there is the story who you only know about one quarter of the real story that's happening. this is days after it happened. we only know as you just pointed out about a quarter of the facts that the public needs to know or ought to know. >> don't even know what type of gun it was and how in the world can it happen? >> right. >> the bullet and the life round. it's really bizarre. whoever is doing this is doing a service to not only the victim but her mourning family but also to alec baldwin and the entire team there. this is doing nobody any favors. it's really bizarre. >> peter baker, we have one week until the virginia elections. you have democrats that are continuing this sort of engaged, i don't know, they're just kind of looking into their oatmeal and steering it and going outside and talking to the media and yelling other people and making demand. >> wait a minute, wait a minute. >> i have never seen it before. >> you don't negotiate in front of cameras and all of these people are doing. >> the clock is about to strike 12. it would be nice if somebody on the hill started acting like they had been there before and get a deal with so terry mcauliffe and other democrats don't go up in smoke next week. peter, it should not be this hard, i don't understand why they can't pass the infrastructure bill and provide a lifeline for terry mcauliffe. >> he's heading in this election in virginia which trended through so strongly the last few years. it's been almost a decade since any republican won. suddenly, mcauliffe and he's running against an unknown character, youngkin, who's coming on strong. it's a remarkable moment. mcauliffe is worried that the gridlock on capitol hill making democrats look in effective and joe biden come into office and promising the reason would be a better presence, he knew how to get things done. there is a feeling on the part of mcauliffe, it's time to get some stuff done. >> the clock is ticking and a lot is at stake. >> ed lose, you could be for given for saying to yourself, wait. they own the white house? >> they own the senate, they own the house, they have all the votes they need. >> they're holding up a bipartisan infrastructure bill. historic 1.2 infrastructure bill until they get the perfect of for reconciliation you can be for given for thinking in virginia if democrats can't get it done today or tomorrow that they don't deserve to be in power. >> you can be for given for that but also. it's really about race and panic and about race. to have this act cut, my mother is in tears because her son had nightmares for reading tony morrison. this is like when did you -- >> be nice. >> when's the next time if you hear accusation -- >> okay, yeah, yeah. not fair at all. >> oh my god. >> the biggest snow plak are snow flakes are ones that begin to belt and things that are not happening. i heard even in parts of connecticut, they had bipartisan school board and race is there is devoling into fights over critical race theory when it's never been taught in school there. it's just sheer insanity and also racist, it really these snow flakes are smelting something that never happened. >> peter, thank you. >> mika, it has been interesting. since biden elected, they all have to deal with black people. >> it's really fascinating, is it? >> jean robinson, you know, i can't even and there is been four different steps. >> i don't know if it's wokeness and then it was critical race theory but there has been three or four and every two months it's like okay, let's change the new line of attack about black people and how they are taking over our schools and education, it's really, it's not a dog whistle anymore folks. it's a foghorn. >> it's a foghorn. >> that's right. >> what a coincidence? that tony morrison is the -- >> tony morrison. >> absolutely. >> okay. incredible. >> i actually attended the ceremony which she gave her nobel lecture which was amazing. she could not have imagined that her name and work would be used in this. >> this is a foghorn and a trained whistle on race. that's what we are seeing from republicans time and time again across the country. that's how they are getting on their base. >> you know me, for those that are watching this. it's important to remember that sometimes it does not work, leading up to the 2018 election. donald trump sent troops down to the border. we heard about the caravans and people being transported into the united states of america. the caravan, of course, republican media reported on everyday about three months before the election. the day after the election, they stop talking about it. trump stopped talking about it and democrats won the house and no surge in southern texas. >> does not work until it does. we are still here looking at some very close races. trump has not left the stage. >> still ahead, as democrats continue to negotiate ahead of a self-impose deadline on reconciliation, we'll hear from jim clyburn and senator elizabeth warren, they both join the conversation, look forward to that. >> oh, you will have a thing or two to say about democrats staring at their oatmeal. 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from you when they try to talk to voters in swing districts. we think the former president should know that preponderance parties using him to raise money but making fun of him booinds his back and trying to distance himself. >> look at what young people are going in virginia. they know they can't justify their support. >> i am still stuck on the chief practice mess. >> yeah. >> let's move from the site op to legislation. are the democrats going to pass in time to help ter mcauliffe and other democrats running for tuesday next thurs? >> i think you will see a deal by then. >> do you believer it's in the best spress of the infrastructure pattern? >> while the details of recization are being finished up? >> i think you will see meet ng the minds of the bill back bill. that depends on betting over the finish line very close. >> democrats are in charge. of the white house of the ios sniet and theous white house they have all the votes they knee. they have been going around for circles and months now. is it time for them to get in a room and close the door and saying that nobody leaves until we have a deal. >> if we have this conversation at thanksgivings. >> you will see the most successful first year presidential agenda. wul see they are growing our economy and does not add a penny to our death. it's paid for by asking the wealthest corporations. tax cuts to middle class people back better. >> katty. >> congressman, i had a conversation with the white house. there seems to be tension between getting the package that's a long-term health. that's going to take longer and getting stuff that people feels so it helps president biden in 2022 and 2024 and those two things are sliektly separate tracks. >> not everything in this bill is going to be felt immediately. >> how do you make sure people make feel this? >> we are guilty as charge and trying to do the right thing for the country. >>. >> kps great. great. >> the policies matter and the debate you are seeing is policy conversations. what's going to be felt right away? teens of millions of families right now can't get the car fixed because -- how about home care, taking care of an elderly woman? >> there is going to be things immediately happen. you will see people get their state and local tax deduction back which is going to make a big difference. the fact the fatter is, it will be lot and a long-term tragedy. and ability to contract starting at 2022, you bet, also to plan for the years ahead. i think we'll get the right bells. >> jean. >> congressman, in terms of working, how this is paid for it. tell me about the billionaire tax. that's becoming all the wavers and the raves the last few days. >> is that going to be apart of this? >> i know a lot of work has been done on it in the senator. >> not so much in the house of ways and means. >> the way you said that is of interests to me. >> we have done extensive and specific proposal out of the house. >> i think a lot of us are interested in the idea of making corporations and billionaires pay their fair shares. this program is faithful. it will not add to our debt. we'll tax live tax relief to working class and families. those are good ideas. you will see a lot of north for that in the white house. >> so if somebody wants to do that. they should write it down. >> michael chronicle? >> you just said part of the plan is letting billionaires pay their own share. >> the democrats hold the house and the senate and the presidency to raise the corporate tax rate. what is that about? >> i don't know. i think that should not be part of any plan. >> donald trump lower that corporate rate even below the chambers of congress asked for. >> we have absolutely room and the ceo will tell you. we have got some of the healthiest and most profitable corporations in the world paying zero in taxes and individuals who found them benefited from that gross are blasting themselves into space. >> working families like the ones a lot of us grew up and understand that those people can pay their fair share. >> we believe the policy is popular when people know we are not adding to the national debt. that's the key. >> finally again -- >> go ahead. >> you are talking about the corporate tax rates. with democrats, it's amaing that they don't jump from 21% to 23%. >> when you just pointed out every corporations that you can think of had that plan in their budgets? it's a democratic proposal. >> i would not believer everything you read in the press. >> i do think it will be apart of the final play. we are still talking through ta through. i agree wu. most americans understand the eltiest corporation in the world can pay their own share. >> why do you think some of these races, you mentioned youngkin, why do you think these races are so close. >> we are in the first year, an off year of elections. if you look at california's recall, we kicked their butts. >> if you look at the special elections that's held, new mexico and one better than twice is what folks are predicting. i think terry mcauliffe is pulling it out. >> we are in the middle of doing hard things right now. >> we need to do hard things so people can see what we did. we tell them about it and they feel the impact. >> congressman. thank you very much. >> always good to see you. >>. coming up, there is an old expression that 90% of life is showing up, joe. >> i am here. >> that's good. >> a new piece of "new york times," why it helps to be at work to get ahead of work. >> that conversation is next on "morning joe." hat conversation "morning joe." regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. imagine a world where we have the tools to sell things that mean something. like a sunscreen made for melanated skin that blends in. prove that things don't have to be the way that they've always been. the world's been waiting for what you do. this halloween, xfinity rewards is offering up some spooky-good perks. that they've always been. like the chance to win a universal parks & resorts trip to hollywood or orlando to attend halloween horror nights. or xfinity rewards members, get the inside scoop on halloween kills. just say "watch with" into your voice remote for an exclusive live stream with jamie lee curtis. a q&a with me! join for free on the xfinity app. our thanks your rewards. as covid insfections continue to drop in america, workers are going back to the office at the highest rate since last march. the number of workers turning to office space edging higher than the week of labor day. an average of 30% of the work force is back. reporters of the new york times spent time with one big law firm, the middle of the delta surge and discovered for younger workers, face time is essential. >> i read this on the sunday ease business time and went duh. the laws of physics changed forever and the laws of healthcare of the pandemic chaenged before because of the pandemic. >> whether you are talking about black smiths and the middle ages are mergers and acquisition lawyers in 2021. >> it's a pretty good thing. younger workers learning more experience veterans like yourself, that if you want to get ahead in work and become better at what you do, you can't do that in your apartment at home forever. >> you can't but i think we need to define what being back is actually going to look like because i am not sure it's going to look like how it used to or the norms are going to be everybody coming in, five or six days a week, together, period. i think there is going to be more flexibility. >> right now certainly. >> i think younger workers are demanning more complexitiablety flexibility and they are getting it. we could be three our four days a week. we'll see a whole lot more than that, becoing normal and we'll think of that as perhaps normal in the future. maybe not everyday. >> now, katty, i am curious what your thoughts are. i can tell you if my children i asked advice on hey, should i work from home. >>, he said get in the office, be with the team and learn from people that are right and be around people that have done this job before. get that face time. i am understooding everything i am hearing on the and if that's the future, that's the future. >> i still think the people in the office will always going to have an advantage. >> much is going through video production. he was meant to be in a studio, that did not happen yes. >> his mom worried for him to sit a home. they're not meeting their fellow colleagues, let alone learning from the top. >> there are no interactions so that sort of lonely. they're also saying we don't want to go in. it's a question of how much. i think that model of going in five days a week, that's never coming back. >> one of the things all those people are quitting jobs in august to say that we don't want to do that anymore. technology have shown that we don't have to do that anymore. firms are going to have to work it out three weeks model, instead of five days. >> it sounds so french. i don't know if that's ever going to happen in this country again. >> i think you will. >> maybe that's going to work. i will say willie, one of my concerns i can only speak for our own team here. one of my concerns have been isolation. if you read the article, he does not talk about professional advance, he's talking about younger workers excited to get back and not isolated. once the delta hits, we are fortunate people in our business can do our work from home and we found out quickly producers and editors were able to do great work from home. there is also the isolation of jus being at home working at home all day, there is also that aspect of it too that i thought was so fascinating in this piece where younger workers were like yes, i want to be here around people. i am tired of being at home by myself. >> i like we are quietly advocating for a return of a martini lunch. we can get all behind that. >> it's about your personal life as well. >> as we read to get ahead of work. lawyers find it -- for the firm's middle ranks, the brass-tactics cal discuss for billable hours, typically 1,800 to 2,000 per year. those who wanted to be promoted focused on accumulating these hours. the catch is few first years enter a firm while we are awaiting at the mercy of the senior associates and partners who dispense it. how exactly does one land assignments from these colleagues? turns out there's no more reliable way then, well, showing up. mike barnicle, there's a lot of things that will change the way we work. i was talking to somebody yesterday who said, yeah, i don't really need to fly to chicago for that 30-minute meeting anymore but being in the office, as a young person and being in front of people who are mentors, people who are bosses, impressing them in some way, i think that's the way all of us remember rising up the ranks, and especially now that a lot of people are not coming into work, you have that opportunity as a young person to come in and fill that vacuum and void and be at the side of your boss and prove yourself, seems like a lot of upside to me. >> you know, willy, i think nothing is more important in this day and age than socialization. when you realize we live in a nation and culture where socialization often means your closest friend, your most intimate adviser, whatever, is the screen of your phone, it's important to show up to work to see other human beings. there's no substitute for that. whether it's three days, four days, five hours a day for three days, doesn't matter. there's no substitute for human contact. you lose something in terms of who you are, in terms of what you do when you're isolated in your home. it's just a belief that i have long held, even though i don't like to work more than three days a week. >> exactly. >> so, mika, ann does have him on an allowance that includes four really good boston red sox tickets. we heard in the story about the lawyers, and if you're around and i know this is a lawyer, sometimes you'd get a good case but people, a senior partner running down and looking, hey you, the guy with the big nose, what's your name, joe, here, take this, finish this for me, i'm going to the courthouse, i'm going to come back and have it done by then, you do a good job, you get more cases. your story that we told on 9/11 talked about how you got down to 9/11 and how you got down to 9/11 to report there for a couple of weeks is you showed up early, you went there early because you wanted to see if there was anything at the assignment desk, and it's the same thing, we talked about it with the law. also the same thing with media. if you're around the newsroom, if you're there waiting when news breaks, they may see you, even if you're new like you were and go, hey, we got a story. get out there. if you're around that, it happens. again, i want to premise this by saying we understand we're still in the middle of the delta variant, so we're not saying we need to get into work. we told our people stay away until you're comfortable coming in. but when we have some sort of return to normalcy, if you want the case, if you want the story assignment, being in your apartment may not be the best way to get that. >> yes, but i think there are a couple of different dynamics going on here. there are those who are looking for growth and there may be in some industries one way to get it to be there. but in others it may not be that important. i think we will see a shift in our society because of technology that allows companies to give the option to have that flexibility and for women, that flexibility is incredibly important. while women went through a very difficult time during the pandemic, especially, and they really bore the brunt of a lot of this, i've done two "know your value" events in the past several weeks with up to 500 women in the room. number one, it felt too early to be doing events. we're very careful about them but it felt too early. this pandemic is still here. so getting companies back in right now is going to be tough. beyond that, i spoke to the women and i asked them, how many of you like remote? i was all prepared for the answer no, and all of them raised their hand practically. they love remote. i asked why? and women got up to the microphone and said, i can get so much more done. you cut the commute out and i'm able to do this and that while i'm doing this and that and work extra, which women like to do. they always work extra for the same amount of time men put into the office. but my point being, i'm not sure that's the greatest answer and i said that in realtime. i'm not sure i want you doing all of the housework and more work at work, that's not the greatest answer i ever heard but that flexibility is so important to women. and it's something that this pandemic has shown is possible, that you can be in two places at once, and there's nobody who needs to be in two places at once more than women. >> that's true. the other thing that's true now and different is that companies have invented ways for people to work remotely. we've invented whole systems that didn't exist before so that people can work remotely. so what are you going to do with all of that sort of infrastructure? >> women were asking for some of that flexibility, some control, begging our office, please, give us one day a week to work at home and we were kind of met with a certain amount of der rigs, you're just going to watch a movie, play with your kids or whatever, but i think the pandemic took the stigma away from working at home. >> it's really a very interesting conversation and debate. still ahead, democrats on capitol hill are hackling over what to keep in and what to leave out of their social spending plan. we're going to talk to house majority whip jim clyburn about his conversation on sunday with senator joe manchin. what happened there? we'll also be joined by officer michael fanone, one of the d.c. metropolitan police officers who fought to defend the u.s. capitol on january 6th. as i observe investors balance risk and reward, i see one element securing portfolios, time after time. gold. your strategic advantage. managing type 2 diabetes? on it. -on it. on it, with jardiance. meet the people who are managing type 2 diabetes and heart risk with jardiance. jardiance is a once-daily pill that can reduce the risk of cardiovascular death for adults who also have known heart disease. so it could help save your life from a heart attack or stroke. jardiance also lowers a1c. and it may help you lose some weight. jardiance can cause serious side effects including dehydration, genital yeast or urinary tract infections, and sudden kidney 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look at that shot as we're coming in here to our third hour of "morning joe." welcome back, it's tuesday, october 26th. mike barnicle, katty kay, eugene robinson still with us. also still with us, a lot of texts and tweets coming in about the conversation we just had, joe, about remote work versus getting back in, where and when and how. >> and there's an angle of this that actually i didn't really think about in the conversation but that i heard from several friends. jonathan wall reminded me, texted me, working from home equals living at work. i've had so many friends that said, i can't wait to get back to the office because it used to be all of the pressure and all of the stress that i had in my office, i left at my office. then i would drive home, and my home would be a refuge. that's what i would warn again, it's great you can do this right now during the pandemic, but, mika, we've had this discussion as well, being at home, working in a home nonstop, you know after a while, the pressures of work start -- you start associating those pressures with your home, which is supposed to be your refuge, and it just -- it's just not great. i think for a lot of people's mental and emotional health in the long run. they will balance it the way they want to balance it but workspace is good to be able to leave and go home and have a refuge. >> i think we just scratched the surface of this conversation. we should revisit it again. everybody here nodding. it's fascinating. and also something that's happening in our work culture and in our society that i think is inevitable in some ways. now in just a few moments we're going to be speaking with michael fanone, the d.c. police officer who is demanding accountability for those who stormed the capitol, injuring him and so many others on january 6th. what he makes of the executive privilege claims put forth by allies of the former president. >> we look forward to talking to officer fanone in a moment. we are awaiting a news conference tomorrow, meanwhile, from the santa fe sheriff's office. new details are coming out about the fatal shooting on the set of alec baldwin's film "rust." we're live in santa fe with miguel where the movie was being filmed. >> good morning. over the last couple of days investigators have been coming and going from the ranch behind me, leaving with bags of fire and evidence including firearms and spent munition. they're getting set to hold their first and probably most significant press conference as we get closer to figuring out exactly what went wrong. the set of "rust" now on indefinite pause as santa fe sheriffs look to what caused the fatal accident. the deadly shot fired by alex baldwin from a prop gun he believed was safe. posting on instagram, my heart is with halyna, their family and loved ones. and my halyna, who passed away after being hit in the chest. also wounding joel souza. baldwin was given the gun by assistant director dave halls, who grabbed one of three prop guns that was set up by the armorer off a cart left outside of the structure due to covid-19 restrictions. neither halls nor armorer, hannah gutierrez reed, have spoken publicly about the tragedy. but this is not the first time halls has been criticized for safety issues. in 2019 he was fired by another film production after a gun went off unexpectedly injuring a member of the sound crew. but industry experts say only the armorer or prop master should be handling weapons on the set, not the assistant director. >> i will be honest with you, the a.d. would have a broken finger if he picked up a gun off my cart. that does not happen. >> armorer clay van sickle said the difference between a blank or live or dummy round is easy to spot. >> i would click through six times so everybody could hear nothing happens. it's literally that simple and it takes seconds and there's no reason not to do if 2. >> reporter: the veteran prop master said he sensed warning signs on "rust," even before filming began. >> i turned the job opportunity down on "rust" because i felt it was completely unsafe. >> reporter: zor offsky said one big red flag was producers took two distinct and challenging jobs, assistant prop master and armorer and combined them into one. >> i impressed upon them there were great concerns about that and they didn't really respond to my concerns about that. >> reporter: hutchins' death has fueled an outcry for improved safety on film and tv set, an industry in mourning and seeking answers for what went wrong. after what happened on the set here, there's been a call for nationwide reform for movie and television sets, many saying real guns have no place being on movie sets. >> miguel, this is above all else, a tragedy for that family, alec baldwin's family, the director's family and crew on the set as well. what are we waiting to hear from the santa fe's sheriff's office that's taking them all of these days to come out and talk about what they know to the public? >> we still don't know exactly if it was a blank fired from that gun, a real bullet, why a real bullet would even be on the set? those are some of the answers we're waiting to figure out. we are also waiting to figure out if any criminal charges will be filed in this case. that's something that could be presented by the district attorney, who is also scheduled to be at the press conference tomorrow, willie. >> we will be watching tomorrow. miguel almaguer in santa fe, thank you very much. we will go now into the investigation on the january 6th attack of the u.s. capitol. chairman bennie thompson says the house select committee is looking into who financed the transportation and lodging for participants in the assault that may have been orchestrated by trump loyalists. according to "the washington post," some of the more prominent loyalists worked out a sort of command center at the willard hotel to prevent certification of the election. meanwhile, the biden white house yesterday rejected another attempt by former president trump to claim executive privilege over documents sought by the select committee. in danger of being lost in the headlines are the victims of january 6th, such as d.c. police officer michael fanone, who opened the committee's testimony back in july. >> i remember thinking there was a very good chance i would be torn apart or shot to death with my own weapon. i thought of my four daughters who might lose their dad. i remain grateful that no member of congress had to go through the violent assault that i experienced that day. during the assault, i thought about using my firearm on my attackers, but i knew that if i did, i would be quickly overwhelmed. and that, in their minds, would provide them with the justification for killing me. so i instead decided to appeal to any humanity they might have. i said as loud as i could manage, i've got kids. >> and officer fanone joins us now. a lot to talk about with you, officer, and i know we were just talking on the break and there's only so much you want to say but it's very hard to hear your testimony again and not want to ask how you're doing. >> i'm doing a lot better than i was four, five months ago. but this is a marathon, not a sprint, so i'm hanging in there. >> hanging in there, yeah. understood. there are so many different things that are coming out, including this capitol police report that appears that officers, at least at the capitol police, were instructed not to use their most aggressive tactics to hold off the mob. this is an agent's internal investigation discovering this 104-page document. when you hear reports like this, what comes to mind as someone who was there? >> i mean, i haven't read the report. i wasn't there at the beginning of the assault on the capitol, and i'm not a member of the united states capitol police, but i think it's pretty clear that law enforcement has a lot of lessons to learn from the failures of that day. >> and as a member of law enforcement, i know you're in a very precarious position discussing this, but what would you like to see happen moving forward as we try to uncover everything that happened on that day? >> i want to see the facts and circumstances surrounding january 6th and the insurrection at the capitol to come to light. i want to know if there were elected leaders, staff members, who may have conspired in the activities of that day. i think that their constituents and the american people deserve to know if there were individuals who participated in sedition against this country. >> sedition is what many see, and yet there are some leaders that i think of the vice president and some republican leaders who called this just another day in january. to that, what do you say? >> at this point, i have no response. everyone had seen the images from that day, everyone has heard my testimony. if you haven't, it's because you choose not to. if you describe that day as anything other than brutal and violent and a disgrace to this country, you're lying to yourself and you're lying to those around you. and that's really my concern, is that as the facts come to light, whether it's from this commission or committee or any other mechanism or investigation, or even just from the testimony of the individuals that were there that day, that there's still a great deal of this country that refuses to accept those as facts, and a lot of that has to do with their elected leaders continuing to lie to them. >> looking at you here on the video next to you, i'll send it to joe, i will say you're a hero and the heroes who tried to defend our democracy that day should be seen as that. the fact that we are arguing this, that this is happening, joe, within police departments across the country but even d.c. police, some on the capitol police, there's dissension as to what happened on that day. it's chaotic. >> there's video, we know what happened on that day. >> i know. >> but officer, i want to ask you how you feel about elements of a political party who have gone around claiming they want to support police officers for the past several years, and yet openly mock and ridicule you and others who were almost beaten to death on that day. >> yeah, i mean, i have certainly gotten a lesson in political speak. i don't want to be pandered to any more than i want to be demonized or villainized. i said before, i don't want to be politicized as a law enforcement officer. i want to do my job, i want to be held to a high standard because i'm a law enforcement professional, but i also want to be afforded the resources, training and manpower to effectively do my job, and to be held to this high standards. >> good morning, officer fanone, it's willie geist. thank you for being here this morning. and it's not an overstatement to say you in many ways helped to save the country. you stood in the doorway of the capitol and prevented something awful from happening that day. so thank you on behalf of the country. of the many things to commend about your performance that day, as you described it laying on the ground, you thought maybe i use my service weapon here, maybe that is the only way to save my life but you knew how that might escalate things and might turn into. and you decided not to, even though it may cost you your life. as someone who was on those steps, in that doorway, we talked about it for months, watched the video from high up, i suspect you thought some of those people who arrived that day would yell thingsat you, maybe throw bottles at you, but as they pushed through barriers and it was clear this was about to become something else, what was going through your mind as an officer and as an american? >> i mean, i didn't really have time to think. there are with certain moments that i can recall vividly, one of them was when i moved from the rear of the stack of officers defending the lower west harris tunnel to the front, that was the first time i really encountered violent insurrectionists and i remember thinking oh, shit, this is for real. and when i was pulled out into the crowd, really the only thing i could think about was trying not to lose control any more than i already had and thinking about survival, like what can i do, what can i say that will result in me surviving the situation and getting back to the officers in that tunnel. >> mike barnicle is with us, and he has the next question. mike? >> officer fanone, if you could, could you tell us what you felt about your job being a police officer prior to january 6th and what you feel about your job since january 6th. >> i mean, prior to january 6th i was -- i mean, i have been a cop for 20 years, so in the beginning of my career, i loved policing. i loved my co-workers. in recent years i felt demoralized, like many of my colleagues did. we were being demonized and villainized both in the media and then by some in our communities and with local politicians. it was very difficult. i went from feeling like a role model to feeling like someone who was like shunned. on january 6th that was my job, going to the capitol building, responding to officers' distress calls, regardless of how i felt about people's perception of law enforcement. that doesn't matter. we still go out and do our jobs every day. and i'm proud of that fact, i'm proud of the way i responded and the way many of my colleagues responded, and i'm also ashamed of how others did not respond. >> joe? >> when you say you were ashamed of how others did not respond, explain. >> well, i mean, police departments are a microcosm of society. we have individuals who ascribe to a variety of different political views, and that's all fine. that's what makes this country amazing. but when individuals choose their political owe fillations over their oath to the constitution, that's not okay. and in law enforcement, that's unacceptable. >> yes. >> it erodes the credibility that we have with the communities that we're entrusted with protecting. >> officer, i want to expand on something you said a moment ago. i'm sure some of the audience will be bothered and think that i'm trying to draw any more equivalence between two separate movements. i'm not trying to do that, i'm just trying to get in your head to talk about the hellish year and a half, two years you experienced. you talked about loving your job, feeling like a role model, but over the past few years being attacked by the media, police, members of the police, being attacked by the media and being attacked, you didn't say this, i am saying this, by some people on the political left in america. then january 6th comes and you're attacked and nearly beaten to death by people on the political right. and i just want you to talk about that excruciating journey. by the way, if i misrepresented your feelings here in any way about both sides attacking you and coming after you, please, please correct me. but it seems to me that police officers have been getting it from all sides over the past several years, none more so than you. >> yeah, it's interesting to see obviously the individuals who i guess were politically affiliated with the left kind of -- well, they did demonize police officers, and i mean there were crimes perpetrating by law enforcement officers in this country that were outrageous. and there's a history of racism going back, you know, a long, long time in this country. unfortunately, historically speaking, law enforcement played a part in that and i'm the first person who wants to be part of that conversation going forward. i don't believe that police officers were above reproach but i also don't believe that all police officers are equal. in fact, i think it's one of the most honorable, selfless professions that a person can aspire to be a part of. at the same time, watching the right handle officers who responded to the capitol and saying oh, we love police, we just don't love those police, i'm not stupid. like i see it for what it is and it's pandering and i don't want to be pandered to. i want to have an honest conversation, and i think we're not engaging in an honest conversation in this country with regards to a lot of things, one of them being police reform. policing and police reform, the conversation, i look at it kind of like a rubrics cube. all of the stakeholders, police officers, management, politicians, media and the communities all need to engage in that conversation honestly. just like all sides of a rubrics cube, if it doesn't all match and everybody is not all in, we're not -- we're just verbally masturbating. >> thank you for trying to have that honest conversation as clear as it gets but the bravery and risk that you faced that day and even the risk you face in having this conversation, we really appreciate you coming in and i know you do face risks just speaking out and accepting that and being here is much appreciated. d.c. police officer michael fanone, thank you very, very much. >> thank you. still ahead on "morning joe" -- two very important voices in the democrats all-push to pass president biden's signature spending plan. from the house whip joe clyburn is stopping and and senator elizabeth warren joins the conversation. you're watching "morning joe." as i observe investors balance risk and reward, i see one element securing portfolios, time after time. gold. your strategic advantage. find your rhythm. your happy place. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. ♪ i'm a reporter for the new york times. if you just hold it like this. yeah. ♪ i love finding out things that other people don't want me to know. mm-hmm. 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>> because i'm tired of career politicians. >> he was a good governor the first time around and republicans have gone off the deep end. >> reporter: but it's virginia's undecided voters who may determine the outcome. >> i'm still up and down and seeing what people are really going to do and if they're true to their word. >> reporter: the other big factor in this race could be president biden's agenda. democrats have still not reached an agreement on his big spending plan. democratic leaders had targeted the end of this week to get a deal. that's before president biden heads to europe for critical summits, including on the issue of climate, but there was overnight wrangling on last-minute issues about how big the size and scope of the package should be. if there is no agreement by the end of the week, it could be a blow to biden on the world stage and to his party ahead of these key races, willie. >> and just a couple of days left before he heads out of the country. nbc's kristen welker, thank you so much. joe, terry mcauliffe sure would like a massive infrastructure package to run on in the last few days. >> he really would. i think it's interesting everyone talks about donald trump and is he going to run again in 2024, how powerful he is, i find it very telling that barack obama can campaign in the state of virginia and it's seen as a plus, joe biden can campaign there, kamala harris can campaign there, and it's seen as a big plus. hugging obama, hugging biden, hugging harris, hugging everybody, it's great. and yet the republican candidate acts like donald trump is radioactive, will not let him get within 100 miles of any of his campaign stops. he won't say nice things about him now. so i think that tells us really all we need to know about donald trump's standing with the most important voters in this election and every election, that with swing voters, it's just not good. let's bring in the third ranking democrat in the house majority, my good friend jim clyburn of south carolina. jim, it is good to see you. i hope you're doing well. and you are the democratic whip, so you tell me, where are people going to get on board and pass an infrastructure plan that's bipartisan that will help mcauliffe, that will help other democrats? >> thank you very much for having me, joe and mika. we are operating in the wide open here. we always talk about whether or not you are -- you enjoy legislating in the open or sausage making, but the fact of the matter is, we are on board. it's all an issue of timing here and getting things refined. i like where we are, and i think we're going to have a good product for the american people, and i think mcauliffe is going to prevail in that election there because we have already signed off on this infrastructure bill. the senate passed it. we passed the rule, and all we need to do now is cast the final vote and that's going to come very soon. >> one thing sean patrick maloney was telling us earlier on the set here is that people will be able to really feel the impact of the bill right away and that should be helpful. but in time for this election, not so sure. why do you think these races are so close, a few of them? >> i think in off-year elections, things tighten up. people are excited in the even number years. the odd-numbered years are odd. >> a little odd. i think it's interesting glenn youngkin doesn't really want trump anywhere near him. just nowhere in virginia would he want to campaign with the former president, but yet people often affiliate his name with trump. >> yes. scared of him. really, really again, shows how weak he is as a political force right now. gene robinson's with us and has a question. gene? >> yeah, my question is the same question i asked congressman maloney earlier, tell me about the billionaires' tax, is that going to be part of the package do you think? >> there's going to be a real good tax bill. the billionaire tax, i had a long talk with richard neal last night discussing that issue. he's made me aware of some real issues if you limit it to what we call just being a billionaire tax. he convinced me that the proposal he's come forward with, which is around $2.5 trillion for us, is a good proposal that should be considered and should be a part of this bill. so the billionaire tax thing itself, if you limit it to that, he convinced me that there's a very difficult path to try to get that done. >> congressman, as we go through the list of things that might not be in the bill, free community college, expanded medicare coverage, dental, vision, tax hikes on corporations, is there anything that you really feel as we look at transforming the american economy for the future, not just now for political gain, is there anything there that you feel is not going to go in that really needs to be in there if we're going to shore up the u.s. economy for u.s. workers? >> the big problem has been whether or not you do things for ten years or four, five years. and that's what has been the big problem. people have been judging this stuff based upon ten-year numbers, rather than take a look at the fact that we are in an emergency situation in this country. covid-19, our chair select subcommittee dealing with our expenditures towards getting beyond this pandemic. the covid-19 has created a real emergency situation in many families, and that's why we did with the rescue act, we were trying to rescue families and we're trying not to sustain that. we just moved over half the children who are living in poverty at the time directly out of poverty with the rescue act. we're now trying to build on that. we don't need that for ten years. we may only need that one or two years. so that's what we're doing. so i don't think anything is going to get left out that will not benefit the american people whatever we get done. it will be more than is being done at the moment. >> house majority whip jim clyburn, thank you. joe, it -- he looks great! great to have you on the set. always look great. wonderful to have you. >> thank you. >> jim, we've got to get down to south carolina. we're going to do a show out of lizard thicket. you tell us which lizard thicket to go to and we will be there with bells on. >> i look forward to it. hurry on. we renovated some of them and we can make a little new york just for you. >> i like it! thank you very much for coming in. so good to see you. coming up, the view from the upper chamber, senator elizabeth warren joins the table next on "morning joe." paul loves food. but his diabetes made food a mystery. everything felt like a "no". but then paul went from no to know. with freestyle libre 2, now he knows how food affects his glucose. and he knows when to make different choices. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. brets let's bring in senator elizabeth warren. it's great to have you with us, senator. the situation is just maddening when it comes to taxes -- >> i can't hear him. >> hold on, joe. >> sorry, guys. >> senator warren does not hear you. we'll work on that as we get her audio fixed up, i'll say hi to you and take it from here. >> there you go. >> about 400 families in america paid an average of 18.2% of their income in taxes. the average income tax rate for all americans in 2018 was 13% and it was 25% among the top 1% earners. elizabeth warren joins us now. i think we just saw something happening here -- >> we did. >> -- with clyburn and warren, i think there was some negotiating but they said hold off on that. it was a big topic. >> the senator said the congressman was key. >> yes. >> the big topic, can you come back on that? >> sure. >> let's talk about the matter at hand, how are we going to get this plane landed? >> we've got to get this plane landed by two things. we've got to provide real support for the american people and a meaningful attack on the climate crisis, and we got to pay for it in a way that works towards just unrigging the system a little bit. those are the two pieces we've got in motion. it's always hard to solve a bunch of things as once but i think we're making progress. >> that's so interesting. at this point there's a little bit of a rush though, don't you think, katty kay, just in terms of these elections we have with the midterms coming up. i feel like the democrats really need something that they can, you know, with meat on the bones that they can really run on in the final days of the election. i mean, when we're looking at some of these close races, terry mcauliffe here in virginia, it would help, wouldn't it, if there was something that he could say that we got done, the dems got done? >> i mean, democrats in the white house, economists in the white house, democrats on capitol hill have been saying for weeks now, look in history, when we look back at this, what will matter is we got it done. they won't mind a couple weeks' delay. nobody said fdr, how long did it take? the affordable care act, nobody cared it wasn't until march after president obama was inaugurated but on this, there's a deadline. the president is leaving on the the 26th. is this a deadline to look at for confidence? >> yes, it's time, it's time for us to get this done. you're exactly right, what matters most of all is we do the right things, but it also matters that we get it done. i think we've reached a point where we're all kind of saying the same thing to each other. so delaying this another month or three months or another six months, all that does is give the lobbyists more time to come in and just continue to swarm over every aspect of this. so we've got to move because we also need to get it done now because we need to be delivering next spring, next summer. we need to make change in this country. childcare, mommas can't wait years and years to get this done. they want something and they want it now. same sort of thing on climate action, we can't wait another day. the urgency of what each of these packages is about is another thing that drives us forward. >> all right, joe, jump in. i think the audio works now. >> senator, i hope you can hear me all right. >> i can. >> fantastic. senator, the house bill -- the house tax bill plan really doesn't go after the 400 richest families in america. it goes after people who make income and not people who make tens of billions of dollars on capitol and just reinvesting. 400 of the richest families in america, as you know very well, they pay about a 7% tax rate. small business owners in your state that are successful pay 37% tax rate, who make billions of dollars less than they do. i get these numbers from propublica. warren buffett, a guy who is always talking about tax me, that's fine. warren paid 24% on a billion dollars made. jeff bezos made $973 billion and only paid 0.98%. again, small business owners in massachusetts pay a tax rate 36% more than jeff bezos and almost a trill dollars. why can't this get done? why can't this get done in the house? >> so you preach to the choir on this one. you know this is exactly what i want to get done. here's the thing, here in washington, the voices of the billionaires are a whole lot louder than the voices of anyone else. they have armies of lobbyists. they have armies of lawyers. they have armies of pr people who not only are swarming every office here in washington, but also trying to stir people up all across the country. they're telling lies about a lot of these programs, trying to get people to call their senators, call their representatives, because, let's face it, a bunch of them just don't want to have to pay more in taxes. you know, they've been running this scam on us for, what, 40 years now? oh, you're all going to be richer, if only the richest don't have to pay any taxes. i think we just finally reached a point where not only did the american people say enough, we might actually get people on capitol hill saying enough. so that's what we got to do. >> i was going to say, senator, democrats are in charge of the white house, democrats are in charge of the house, democrats are in charge of the senate, democrats need to listen to you because actually we've talked about this before, this isn't just a left winged thing. this is good conservatives, good liberals can all agree jeff bezos, love him or not, shouldn't pay 0% in taxes, elon musk shouldn't pay 0% in income taxes. all of these billionaires, nike this year paid 0% in taxes, archer daniels midland, 0% in taxes, oil companies over the last couple years, 0% in taxes. who can support that, and why can't democrats and republicans come together on this? >> right, look, you have to talk to the republicans about why they think that's okay, but our job right now is to get all 50 democrats in the senate on the same place to move forward. and it's two pieces exactly as you talk about. one is the billionaires themselves. jeff bezos, his income is less than that of a public schoolteacher in boston. so he pays little tiny taxes. if you raise the rate or put an extra surcharge, you know how much you get? nothing out of that. the second part is what we have to do for the giant corporations. and there we've got a minimum tax that once you're over a billion dollars, you have to pay this minimum tax. so billionaire individuals, billionaire corporations, they're going to have to pay up. >> gene? >> so tell us about your meeting with senator sinema, how did that go? what did you talk about? what did you decide? >> i'm not going to talk about private conversations, but i will say this, i think it's really important to note, and i want to talk about democrats broadly, we understand that the game is rigged, and we are looking for ways to unrig it. we understand that simply taxing income at a higher and higher level -- and understand i'm willing to raise the marginal rates on taxes, but it's not enough. the billionaires and trillionairs that we may be heading towards laugh all the way to the bank when we do that. you think elon musk cares what the marginal rate is? when he's not paying anything, jeff bezos not paying anything. they don't get if the marginal rate goes to a bazillion because the way they figured out how to exploit the system means they never pay. i think of it this way, we decided a long time ago, more than 100 years ago, when you get richer, you're going to have to pay some tax on that. great, progressive taxation. for people who earn income, w2, do it with a shovel, you pay every year, we all know what that's like. but for people that have a little something to start with and say they buy stock and sit on it, they get richer but they don't actually under this quirk in our tax laws, they don't pay for years and years and years and, in fact, if they die never having sold the property, the new bases go to their heirs and they literally never pay. all we talk about doing here is saying every year, everybody pays for how much richer you got. >> senator elizabeth warren, grateful for you. thank you for coming on, and good luck landing the plane. >> yes. >> we're going to get it done. we'll be right back with much more "morning joe." oh! are you using liberty mutual's coverage customizer tool? 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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] ♪♪ ♪♪ [gusts of wind] ♪♪ wealth is breaking ground on your biggest project yet. worth is giving the people who build it a solid foundation. wealth is shutting down the office for mike's retirement party. worth is giving the employee who spent half his life with you, the party of a lifetime. wealth is watching your business grow. worth is watching your employees grow with it. principal. for all it's worth. we throw jeff bezos' name around who become billionaires many, many times over. got no problem with them being billionaires. i salute them for their hard work and for creating a new economy the way they have. whether it's bezos or elon musk, whoever it is. but they need to pay taxes. if you work in elizabeth warren's state and you're already paying 37% income tax on what you make, and then you add state and local taxes, you're paying close to 50% in taxes because you're successful as a small business person or an entrepreneur or you own a family hardware store or a family restaurant, that's just wrong. you don't need to raise more income taxes. that's exactly -- that's what the democrats are talking about in the house. it makes no sense. you need to go after the billionaires and have them pay their fair share. the 400 richest families in america are paying on average 5%, 6%, 7%. warren buffett paid about 1%. 1%. people in massachusetts, new york, illinois, california, paying 50% on the money that they make. okay. is it illegal what warren buffett is doing? is it illegal when jeff bezos and amazon pay zero? no. they don't need to pay washington, but washington needs to change its laws and make sure billionaires pay their fair share. gene robinson, it's just not happening. they have to start taxing capital. if jeff bezos makes $973 billion or however much money he makes over three, four, five years, don't tell me that's not unrealized income? he used that to leverage other projects. he uses that for massive loans. he uses that in his -- he uses that every year he makes it. so don't tell me that it's not realized until he sells it. that's a stupid argument that republicans have been pushing for too long. >> that's right. we at the "washington post" even make some money for him. >> there you go. >> it's probably the equivalent of the change that gets lost in his couch cushions, but it's real money. yeah. so this is a -- this is a fascinating discussion that we're having in washington for the first time. really, how do you tax the appreciation of capital which is real. it's real money. and stop thinking of it as just unrealized gains that somehow never get realized. and it's very exciting because, as you said, you know, if you're a billionaire, you just don't have to pay taxes. >> you shift from taxing wealth to income, and you look at dividends and property accumulation because those people can use that property accumulation, that wealth accumulation to leverage and get loans for other things. it's a shift in the conversation. it was interesting to hear senator warren and i wonder what senator sinema thinks of that. >> tonight, the world series starts up. you have the atlanta braves against the houston astros. it's hard to say their name. i -- i would love to be able to salute the astros for being a great team. i still have problems with the fact that not one player paid for what they did for cheating. yes. i do go back to that yankees game in the alcs where they clearly were cheating. they were cheating all year. nobody ever paid. they're a great team. i'm trying to get there and cheer for these guys. i still can't do it. go braves. >> no need to get there. hide all the trash cans in houston tonight so the braves can have a fighting chance. the braves are hot. they're the clear underdog. they're america's team. we all grew up watching them nationally. skip carer on the call, this is for dale murphy, bob horner, all those guys who never got the chance. go braves. >> all right. >> we are, we are tonight in the immortal words of skip carey, tonight we all are. >> that does it for this morning. stephanie ruhle picks up coverage in one minute. hi sabrina! hi jen! hi. so you're the scientist here. i just have to ask. does my aveeno® daily moisturizer really make my dry skin healthier in one day? 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