personal liberties, and that makes it very difficul clearly that guy had a lot more going on, but this is really, really hard, and we're put in a position of enforcing the rules to keep everyone safe and then we're the targets. >> okay. well, sarah nelson, you'll you know be back again, i don't know, probably next weekend again. it seems like every weekend you've got something to talk about. it's good to see you. >> we'll be ramping up to travel. i'll see you soon, alex, thanks. and a very good day to all of you from msnbc world headquarters here in new york. welcome, everyone, to "alex witt reports." developing this hour in what could be a crucial turning point for the january 6th select committee, steve bannon has been charged with two counts of contempt of congress after refusing to comply with a subpoena. trump's former white house adviser will surrender to authorities and appeal in court on monday. dan kildee telling msnbc this move sends a message. >> the fact that at least in the case of mr. bannon that he's willing to face criminal prosecution rather than answer questions about what took place in the days leading up to and on january 6th and what maybe the administration's role could have been in that, it says something about what they're trying to hide, i suppose, and it begs that question. meanwhile, president biden's vaccine mandate for large companies hits another roadblock. a federal appeals court has upheld its previous order temporarily blocking the vaccine and testing mandate calling the rule fatally flawed. the mandate for businesses with at least 100 employees was announced earlier this month and was scheduled to take effect january 4th. former apprentice contestant summer ser vos has dropped her defamation suit against donald trump. the court records said the claims are being dropped with prejudice meaning they can't later be refiled, and that each side agrees to pay their own costs. now this move comes as lawyers for zervos were on the cusp of deposing trump in that suit which was filed in 2017. zervos had accused trump of smearing her by calling her a liar. trump has denied her claims. joining us now nbc's mike memoli at the white house and stephanie stanton in st. petersburg, florida. president biden is trying to reassure americans that the half a trillion dollar infrastructure bill he's signing into law on monday will help ease inflation. mike memoli is at the white house for us, inflation concerns are raising alarms for americans, but what's the president's plan to combat that? >> yeah, alex, this pocketbook issue for millions of americans is really becoming a political issue for this white house. you look at the president's job approval rating in august when the senate passed the bipartisan infrastructure plan. it was over 50%. when the house passed it just last week, he's now hovering at or below 40%, and so that's why you've seen something of a rhetorical shift from the white house. earlier this year in response to republican criticism, but even some friendly fire, they were down playing concerns over inflation calling it transitory, temporary, now they're acknowleding the pain americans are feeling and they're saying what the president has proposed and what the president's about to sign into law are exactly what is needed at this point. you saw it when the president went to the port of baltimore on wednesday, highlighting the infrastructure plan, what it will do for ports, what it will do for the supply chain issues. that will help bring down costs. the president said his cabinet is going to be focused now on executing, making sure the dollars go out in targeted ways to help ease americans' concerns. here's a little bit more of what the president had to say yesterday. >> we owe it to the american people to make sure the money in this infrastructure plan and the build back better plan which god willing we're going to be able to still finish, will be able to be used for purposes it was intended. so that's what i want to talk to my cabinet about today, and the high obligation and responsibility we all have to make sure this money is used wisely, used well, and used for the stated purpose for the american people. because if we do it right, we know what it will mean. we know what it will mean. it will create millions of new jobs. it will grow the economy. >> now, alex, republicans are jumping on these inflation concerns. larry summers, he's a familiar name. he was the secretary of the treasury in the clinton administration, he was warning when the president was trying to pass that $1.9 trillion covid relief law that that might actually cause inflation. the white house down played it at the time. this week he was out saying exactly what the president's trying to do with the reconciliation plan, that is paid for. he said that is exactly what the economy needs. you've seen the white house lean into somebody who was a critic now who's on the same side. you're going to see the president hitting the road after that bill signing on monday to new hampshire on tuesday, michigan on wednesday really trying to rebuild that political momentum that they'd lost in the last few months. >> thank you so much for that from the white house. as we've mentioned, inflation at its highest level in three decades. it's not just clothing, food, and other consumer goods on the rise. over the past year, natural gas has increased 130%. oil is up 59%, and a gallon of gas is up nearly 5 had %. so as thanksgiving approaches, supply chain issues are leaving some store shelves bare. let's go to nbc's stephanie stanton standing by in st. petersburg, florida, for us. what is it that's causing these grocery prices to soar? and is there any relief in sight? >> well, alex, there are several factors that are causing this inflation, and as we know, it boils down to those supply chain issues as well as potential labor shortages. overall inflation, as you know, across the country now stands at 6.2%. here in the southeast in florida, that number is even higher at 7.2%. this is according to the bureau of labor and statistics. and this, as we know, is a 31-year high. that 7.2% jump is just in the past year since october of 2020. now, food prices, they are also up nearly 5.5%, and they are particularly surging in things like beef, chicken, sugar, dairy, and even coffee. take a look at some of these numbers. for example, a pound of ground beef now costs about 18% more than it did a year ago. the average price in the u.s. is now 4.72 up from $4 in 2020. when you look at bacon, that's up 28% to 7.32 a pound, up from 5.72 just a year ago, and eggs they've jumped 29% to 1.82 a dozen to 1.41. be prepared to pay more, not only this thanksgiving but beyond. they pointed to some of the factors that we talked about that may be causing inflation. take a listen. >> for the last year, there's been about $144 per week average off of a peak of 161, but still up from 113 prior to the pandemic, so unfortunately that is creating some additional challenges and that the supply chain is also exacerbating, and you know, through those challenges within the supply chain, it's just really about bringing components and ingredients to the manufacturer and then a finished good to the retailer. >> and americans are also feeling pain at the pump. gas prices at their highest levels in nearly seven years, now clocking in at $3.41 a gallon. that's up about a dollar from where it was a year ago, alex. >> okay, stephanie stanton, thank you so much for that. joining me now, jared bernstein bs a member of the white house council of economic adviser, a really good friend to us here and the guy who i really trust pretty much above everybody else to give me the straight story here. here we go, the inflation picture worst in 30 years at 6.2%. this is something that people are feeling directly as you see in these prices. there's also this headline from paul krugman, history says don't panic about inflation, but how concerning is this spike? because it's really hard to say don't panic when people are feeling it, right? >> absolutely. i mean, the president came out the morning we got the most recent inflation report, as soon as he could, and he released a statement expressing what a concern this was to him and how it's a top priority for his administration. you know, he's very keyed in to family budgets and the middle class, and any inflation is a stressor therein. now, on the other side of the coin, we know that we are creating historically large numbers of jobs, the unemployment rate is falling fast. unemployment claims are down 70%. record job creation, record job openings, but at the same time, we have these price pressures, and the president has dispatched us to do everything we can to ameliorate them. you heard a little bit in your discussion just now about some of the longer term measures, how building back better and the infrastructure plan will ease inflationary pressures, but that's not all we're looking at. we're trying to help one of the fundamental causes here, which is supply chain snarls, particularly in our ports and in our trucking sector. i can go into some details, but i want to get just right off the bat here, this is a multi-tier approach, near-term, medium term, long-term to fight against these pressures. >> infrastructure build back better specifically, we heard the president talking about them, is there a way to combat inflation more quickly than what i'm assuming will take a little while? >> yeah, that's the right question. those measures phase in over time as they will start creating millions of good jobs for pipe fitters, for plumbers, helping to turn the climate crisis into a climate opportunity. you're right, they ramp up over time. our supply side task force of which i'm a card carrying member, has been working to try to move things through the ports more quickly. our port envoy has been out at long beach in los angeles, moving them to a 24 and 7 system. on the other side of the country in the port of savannah, we're helping with the department of transportation resources set up about five pop-up container sectors outside of the ports which gives the trucks in the ports freedom to move around. the key here is throughput. we have to get those containers through the ports onto the trucks, out to the warehouses and onto the shelves more quickly. that is what we're trying to do. when we measure our throughput in terms of hours of trucking, in terms of containers going through the ports, we're actually getting somewhere with it. that should help in the near-term. >> let's talk about on the gas price front. in the next year i'm going to be speaking with congressman ro khanna. he suggested the u.s. tap into the strategic oil reserve to bring the price of gas down. is that something the administration would consider? >> that's certain lay discussion that's been had. i'm not ready to read out anything on that. i think the key thing to recognize about gas, and you heard the president talk about this the other day. he has dispatched his federal trade commissioner to make sure that there's no gouging, no price manipulation in that sector. if you look at the spread between retail gas and wholesale gas, that's kind of an indicator that some of the cost savings aren't being passed along to consumers the way they should be. that's a direct discussion for the president, and of course gasoline is a global market, and so that means a lot of it goes through the same kind of logistical systems i was just talking to. so helping to unsnarl supply chains ought to help there as well. >> can you wager the political pressure s of seeing through administrative initiatives on climate change that might impact fossil fuel production with the real effect on supply and increased costs to the consumer. >> well, i think the key there is that climate policy is jobs policy, and that investing in clean energy, batteries, solar panels, wind turbines, not only do we create good jobs, but we improve the supply of energy and in this case renewable energy, so it's climate friendly. and that's why the investments from the infrastructure plan and also build back better, on that side we're talking about getting people back into the labor market by providing child and elder care or preschool. right now a family can be spending $8,600 a year on preschool. that goes to zero under the president's plan, so all of these are intended to improve the economy's supply side. now, while we're getting there, we have to make sure that the energy that we are -- that's today powering the economy is getting to where it needs to get quickly, and that is not only the -- some of the measures i just described, but also ourselves and many of our allies trying to talk to global oil producers like opec plus to kick up supply. >> that means in the meantime we're going to have to live with higher gas prices. >> i mean, look, again, gas is a globally priced commodity. the president has dispatched his team, the ftc is looking carefully to make sure it's not higher than it should be, but trust me, we're going to do everything we can in that space because, as the president said, this is a top priority. we know its impact on family budgets. >> so you mentioned earlier the availability of jobs. there's a pretty stunning headline in the newest labor day report. over 4.4 million u.s. workers said i quit in september. that beat the previous record of 4.3 million that was set one month earlier. do you take this as a good sign or a bad sign for the economy or neither? >> i'm glad you asked because it's often misinterpreted as a bad sign when from workers perspective it's a good sign. the reason it's a good sign, at a time of very strong labor demand, 5.6 million jobs created since this president got here, 620,000 per month, historical records. the unemployment rate falling faster than it has in over 50 years. so those kinds of conditions mean that there are lots of good, higher paying opportunities for workers to engage in upward mobility, and that's what the quit rates are telling us, at a time like this, people are not quitting and leaving the labor market, they're mostly quitting so that they can move up the scale to a better job. so from the perspective of working people, this is them exercising some of their bargaining power, characteristic of this biden boom and something that's very important to the president to upgrade to a better job. >> okay. jared bernstein, reinforcing once again why i trust your take on the economy, my friend. thank you so much. so right now negotiators at that crucial climate conference in scotland are working overtime as the talks are trying to wrap up. world leaders are still trying to reach an agreement to accelerate efforts to tackle climate change that is impacting community s all across the globe. matt bradley following things from london for us. where do things stand in terms of negotiations this afternoon, i guess late afternoon your time? >> yeah, alex, you mentioned overtime. it's kind of like going into double overtime. they were supposed to come to an agreement yesterday. but you know, there is some cause for pessimism, but so far we are seeing just as of this morning a new agreement that was distributed among the delegates, that's just the third time there's been an agreement that was distributed and it contains some language that, you know, for you and i and a lot of people that talk about these issues, it might seem really mild. by the standards of these international conferences, it actually is pretty serious. one of the things that they're going to be talking about, one of the language that's still in one of these drafts is an actual reference to fossil fuels which, actually, if this one passed, that would be the first time that there's been any mention, direct mention of limiting fossil fuels in an international conference about climate change like this one, of course fossil fuels are the entire reason for climate change to begin with. that's a big stride. >> it's a climate emergency, but for many activists talks here in glasgow haven't gone nearly far enough to avoid catastrophe. >> what we want are serious commitments to remove fossil fuels. >> after almost two weeks of negotiations, the haggling has gone into overtime. the main sticking points, phasing out coal and fossil fuel subsidy, helping workers who will lose jobs in those industries, and financially supporting poorer countries hit hardest by climate change. but there have been some key achievements like the u.s. and china agreeing to work together on climate change, a deal by more than 100 countries to end and reverse deforestation by 2030 and president biden's multinational plan to cut methane emissions. but there were also big disappointments. >> it was particularly discouraging to see the leaders of two of the world's largest emitters, china and russia, decline to even attend the proceedings. >> india, the world's third biggest carbon emitter and coal consumer said it would only cut emissions to net zero by 2070, 20 years later than the cop deadline of 2050. for small islands already disappearing into the ocean, that's nowhere near fast enough as experts despair that a key goal of keeping global warming to 1.5 degrees celsius is slipping away. >> we're not going to meet the 1.5 degree temperature goal if we actually don't stop all new fossil fuel licenses immediately from today. >> reporter: yeah, alex, and you know, there's been a lot of criticism, a lot of people say that these international confabs are nothing more than empty talking shops. when you think about it, aex getting all 200 of these concerns together, and by tradition they have to agree based on consensus, that's pretty extraordinary. >> it's 100% extraordinary. thank you, really taking a lot in with that package you played there. thank you, matt bradley. the bannon indictment, what does this mean for other trump loyalists subpoenaed by the 1/6 committee, names like kayleigh mcenany or steve miller. we've got some insight next. tev. we've got some insight next. ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ ok everyone, our mission is to provide complete, balanced nutrition for strength and energy. whoo hoo! ensure, with 27 vitamins and minerals, now introducing ensure complete! with 30 grams of protein. gordan ramsey this is a cold call! ensure complete! nfl teams are turning to cold with tide. will you? 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>> alex, democrats in the house and senate are praising the department of justice decision to indict steve bannon. of course this was a first to indict somebody for criminal contempt of congress who asserted executive privilege. of course the committee has argued from the very beginning that this was a smoke screen by bannon because of course he hasn't been in the white house since 2017, and that goes years beyond where the committee is focused and their purview surrounding january 6th. now, as we move forward, we see members of the committee reacting and sending a message to other witnesses that were subpoenaed urging them not to defy their subpoena and go down the same path as bannon. i even spoke to one republican strategist, a former aide who said that this was a big day for congressional authority. it sent a huge message across washington. let's listen to one member of the january 6th committee, zoe lofgren to hear what she had to say on msnbc. >> it seems to me that we've got to take some action. you can't allow these individuals who have information that the committee needs to simply flout their obligation, thumb their nose at congress and the law. this just -- that can't happen in america, so we've got to take certain steps. i would hope, actually, that mark would see this and understand that he has an obligation to come in. >> reporter: now lofgren, a democratic congresswoman is referring to theirs, of course mark meadow's the former chief of staff who defied his own subpoena just yesterday morning and failed to produce documents the day before. lofgren like other members on that panel are familiar with the former president's inner circles evasiveness. she hopes that bannon's indictment will send a warning to those like meadows who are considering defying the committee. >> julie tsirkin thank you so much for that. joining me now to further this discussion, hugo lowell, congressional reporter for "the guardian." it has been quite the busy week on the january 6th front. i want to get your take on all of it, this bannon indictment and the like. our pete williams is pointing out this is a first. no one has ever been prosecuted before for contempt of congress when executive privilege was asserted. is that because no one has ever tried to use executive privilege so broadly before? and what kind of impact does this have on the investigation? >> yeah, i think you raised some good points about this executive privilege claim, but i think you want to take a step back for a minute because all the indictment showed yesterday was that presidential advisers do not have absolute immunity. they have to show up at a deposition. this is what the indictment says. it didn't actually make any claims about the -- what the executive privilege holds. i think that's an important caveat. and the second important caveat is that bannon is looking at this as a bit of a joke because he thinks, you know, i'm going to have months to deal with this. it's going to be a full criminal court schedule. it could take months before there's any sort of sentence, by which point the committee may have already had to wrap up its work. so i think there are important decisions and precedents that were set, but there is a wider picture here. >> yeah, so it all comes as you know as mark meadows, of course the former chief of staff in the trump white house is facing a criminal referral. the former congressman was a no-show for a deposition yesterday. were you surprised by meadows ignoring the subpoena or is this just a pattern among the trump loyalists, and then what happens now to him? >> i was surprised to an extent. whereas bannon completely ignored his subpoena, jeffrey clark did show up for his deposition but then just declined to answer questions. i thought if meadows followed that same route, he would save himself from being indicted immediately. as it turned out, he didn't show up, committee council and aides waited for about ten minutes after the scheduled deposition, at which point they left the room. and as one of the counselors walked out, i asked are you going to indictment him immediately, and they declined to comment. if you look at the letter from benny thompson, that looks like the route they are going it take. i think meadows may be in for a bit of a wake-up call soon. remember, he is also a white house chief of staff. if anyone has an executive privilege claim, i think it's meadows. >> interesting. also, this week as you know, we've seen more of trump's inner circle, stephen miller and kayleigh mcenany, it seems as though, hugo, that they're inching closer and closer to donald trump himself. what do you make of it? is that where they will ultimately end up, subpoenaing the former president? >> i think that is a correct read of the situation, and i think the committee has been loathe to discuss where they're going to end up ultimately and if they're going to subpoena trump himself. i've been covering the select committee for months and in our almost daily conversations with some of these members on the select committee, the indication is that at some point they will move to subpoena republicans and they will ultimately potentially move to subpoena trump himself. they are inching closer and closer. they're working from the outside, they're looking at aides who knew things and they're looking at the aides to the aides who may not be -- from testifying because of claims of executive privilege. this is really interesting. for instance, if you're a member of the house select committee on intelligence in the house, the member may not be able to tell reporters, for instance, what they learned in a briefing, but if they tell their aides, their aides may be able to tell reporters without breaching confidential clauses. i wonder if this is the same thing that this select committee is targeting with the january 6th attack. >> i should remind everybody your coverage has been excellent, which is why we keep on having you on the show. consider yourself booked. we'll chat next weekend. next that comment in the ahmaud arbery murder trial. you know what i'm talking about, the black pastors comment. next, why the attorney who said it is now walking it back. w wal. r 25% of your mouth. listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100. bring out the bold™ at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. 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(all) to screening! new fallout over a comment about black pastors in a georgia courtroom during the trial for ahmaud arbery's killing. the comment came from a lawyer representing one of three men charged. let's go to nbc's liz mclaughlin who's joining me from brunswick, georgia, with the latest on this. liz, welcome, and even the judge in this case is clear that racial overtones are in play. >> reporter: alex, from the jury selection to gough's comments, the judge acknowledges that race plays a role. how much of a role is what the prosecution and defense lawyers are battling out right now. they're really honing in on the pursuit of ahmaud arbery, was it justified, and the defense says yes, they're citing a citizens arrest law. now largely repealed, saying that these three white men acted legally when they made an assumption that ahmaud arbery was, in fact, a criminal. but that law states that a citizen must see a crime or have immediate knowledge of a felony. now, the defense showed some surveillance video of ahmaud arbery entering an unsecured construction site, a home under construction kind of wandering in, and this is supposed to show, you know, that the defendants thought that he was a criminal here, but we heard testimony yesterday from glynn county officer robert rash who responded to the construction site owner's calls about trespassers including ahmaud arbery. here's what he had to say. >> ever report any of his electronics stolen? >> not to my knowledge, no, ma'am. >> ever report any plumbing or fixtures stolen? >> no, ma'am, not to my knowledge. >> ever report any tools stolen? >> no, ma'am, not to my knowledge. >> ever report that anybody's broken into that camper? >> no, ma'am, not to my knowledge. >> any report that anything's been stolen off that dock? >> no, ma'am. >> you ever see mr. arbery with any bags, back pacs or any way to steal anything out of that house. >> never seen him with anything in his hands coming or going from the property on the videos that i have seen. >> reporter: trespassing, by the way, is a misdemeanor in georgia. rash added that it's standard protocol to tell the person who is trespassing that they are not allowed on the property. so essentially ahmaud arbery would have been given a warning. it's going to be very challenging for the defense to convince a jury that a citizens arrest is justified when the police themselves wouldn't have arrested ahmaud arbery. alex. >> liz mclaughlin, thank you for that. joining me right now is paul butler because we're going to talk about the defense attorney who made the black pastors remark. he's now walking back his comments suggesting that somehow the presence of reverend al sharpton could intimidate jurors, sharpton, of course, president and ceo of the national action network and obviously a host here on "politics nation" here on msnbc. so let's take a listen first to that apology. >> i will let the court know that if my statements yesterday were overly broad, i will follow up with a more specific motion on monday putting that and those concerns in the proper context. and my apologies to anyone who might have inadvertently been offended. >> lots of talk here, paul. we'll remind our viewers you're an msnbc analyst, a former federal prosecutor, aptly qualified here. what do you make of this? >> that apology is way too little and way too late, alex. earlier the same defense attorney complained there weren't enough white men over 40 in the jury pool. and now he wants to control which black people are allowed to attend a public trial? the comment he made is both unconstitutional and racist. there is a legal precedent in the 1990s when former d.c. mayor miriam berry was on trial for drug charges. it was the judge who complained then, but the appellate court shut him down telling him he had no authority to bar anybody from the trial on account of race. alex, if it's a public trial, the public has the right to attend. >> yeah, well, as you can well imagine, reverend al sharpton, he had a few things to say about this. he did so on an appearance on "the reid out" yesterday. >> how many cases have we seen of police-related cases where policemen stack the courtroom in uniform? we sat on the back row of the court having no disruption, how is that influening and intimidating, and his so-called apology today said if someone was offended, like not even recognizing the blatant racism of his statement that i don't want any more black pastors. >> do you agree with the rev's sentiments there? >> absolutely. remember, alex, this is a case in which three white men are essentially accused of lynching an african-american person. the defendants have a weak case, and they're trying to compensate by playing the race card from the bottom of the deck. the concern is whether the judge will allow this. last week he made this bizarre decision when he said the defense attorneys had intentionally discriminated against prospective black jurors, but he didn't do anything about that, leaving a jury where 11 out of 12 are white in a county in which one out of three people are african-american. if the defendants are found not guilty, there may not be a lot of confidence in that verdict based on these racist rules by the defense attorneys and the judge not doing his job to ensure that both sides have a fair trial. >> you know, through this day, the jury saw the surveillance footage of arbery inside a home that was under construction. you see it right there. they also heard testimony from the homeowner who said arbery never stole anything, he was not the only person, by the way, seen walking around this property. so how will this testimony affect the defense's case? >> well, it hurts the defense, and advances the prosecution's case because the homeowner said he never deputized any of the three defendants to check on his property, and he also testified that nothing had ever been stolen from the house. so when the defense says that they were conducting a citizens arrest of mr. arbery, there was no crime that the defendants had any right to arrest mr. arbery for. i think the property owner's testimony was powerful evidence, especially of the false imprisonment charge that all three defendants face. >> okay, paul butler, many thanks as always, my friend. good to see you. some new insight into the trump supporters who terrified election officials, frank figliuzzi, former assistant director of fbi counterintelligence is going to join me next. riction. and your clothes rub against you all day. for softer clothes that are gentle on your skin, try downy free & gentle. just pour into the rinse dispenser and downy will soften your clothes without dyes or perfumes. the towel washed with downy is softer, fluffier, and gentler on your skin. try downy free & gentle. recognized by the national psoriasis foundation and national eczema association. at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when it departs... being first on the scene when every second counts... or teaching biology without a lab. we are the leader in 5g and a partner who delivers exceptional customer support and 5g included in every plan. so, you get it all, without trade-offs. unconventional thinking, it's better for business. bye mom. my helpers abound, i'll need you today. our sleigh is now ready, let's get on our way. a mountain of toys to fulfill many wishes. must be carried across all roads and all bridges. and when everyone is smiling and having their fun i can turn my sleigh north because my job here is done. it's not magic that makes more holiday deliveries to homes in the us than anyone else, it's the hardworking people of the united states postal service. ♪ limu emu & doug ♪ got a couple of bogeysing on your six, limu.the they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? 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what is california doing to reach the unvaccinated? >> reporter: yeah, california, colorado, and new mexico, alex, now trying to get boosters into everybody, and if this is any indication, this county vaccination site in santa clara county, home to san jose and the heart of silicon valley, it might be having an impact. now, this is a site that is giving vaccinations, original vaccinations, vaccinations to children who only recently became available 5 to 11, and then also the booster shots, but we are seeing some sizable traffic here. so maybe that's working. the message from california officials now to providers is don't quibble, even if people are not technically eligible for the boosters according to the cdc and fda guidance, let them get them if they want them, and then the message to the public is this booster shot is every bit as important as your original vaccination. >> there's a lot of people who got their vaccine a long time ago, and now they're eligible for boosters and i think that is creating some confusion because people don't understand that boosters are not optional. boosters really represent a renewal of your immunity that you absolutely need to have going into this winter or else you're going to catch covid even if you got your vaccine more than since months ago. >> reporter: and yet, californians, only about 14% of fully vaccinated californians have now gotten the booster shot. that's not enough. this state has done very well in terms of vaccinations with some of the toughest mandates and regulations in this state with about 73% of californians fully vaccinated compared to 68% nationwide. but just the same, we're starting to see in many parts of the state case rates tick up or plateau, at least, and overall, some ticks up in the case rates and that has people worried as we head into the holiday season when people will be getting together and potentially creating yet another covid wave. alex. >> oh, boy, yeah. well at least my mom's gotten her booster and i'm very reassured by that. thank you so much, scott cohn. up next, trump supporters threatening election officials. why aren't the offenders being prosecuted? 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(whines) ♪♪ ♪ ohh ohh ♪ no, he's not in his room. ♪♪ ♪♪ dad, why didn't you answer your phone? ♪♪ your mother loved this park. ♪♪ she did. ♪♪ well, this is wild and has come out of absolutely nowhere, this breaking news. what you're seeing there which is hard to figure out, it is a live picture from the top of 30 rock. new york city right now is under a severe thunderstorm watch. it may bring some strong winds, heavy rain. i know some areas in the general tri-state area are getting hail right now. rain is especially a concern after hurricane ida caused some deadly floods earlier this year. but like i said this came out of nowhere. we expected to have a little bit of tape potentially this afternoon, like a 30% chance. so this is extraordinary. that's what it looks like outside right now. meantime, everybody, there is a new warning today of a dark shift in american politics as some who identify themselves as supporters of donald trump and the republican party make an increasing number of violent threats not just against elected members of congress but against election workers and election officials around this country. and a new bulletin from the department of homeland security says extremists are issuing threats against public health officials, school officials, even religious and ethnic groups. >> the political temperature in this country is rising. death threats are being made not over invented lies they were on january 6th but actually over votes by republicans for bridges, roads and tunnels. it's not condemned by kevin mccarthy but rather they prefer and more comfortable with violence than they are with voting. >> joining me now frank fizz losy, former fbi assistant director for counter intelligence and msnbc national security analyst. frank, this is some serious stuff we have to talk about. do you agree this is dark shift in american politics, or is the the internet and social media what's catapulting these ideas into the mainstream? >> yes, and yes. so the data is there. the capitol police tell us threats against members of congress are setting records. there's warnings going out to congress members not to hold town hall meetings back home in their districts because of threat of violence. we've got a situation where the national guard is going to be deployed this week in wisconsin. why? because people not like the outcome of a court verdict in the kyle rittenhouse case. we have the president of the united states now we're learning about as we get a new book on this in an interview with an author saying what i'm defending people who chanted let's hang vice president pence it, quote, was common sense, unquote. so we are in a new dark place. the data supports that. and the distinction when people go oh, we wept through this in the '60s with the civil unrest in the civil rights movement. sitting leaders of the legislative bodies, a former now is stoking this. and the "the new york times" has used this in a recent article the mainstream of menace. >> there are reporters from reuters news agency, frank, who tracked down nine people who made direct threats to election officials in georgia and arizona. now, they describe themselves as trump supporters. we're not going to amplify their threats by repeating them. however, all of them said they believed they did nothing wrong. and just two expressed any kind of regret when told their messages had frightened official. seven were completely unrepentant, some saying election workers deserved menace messages. how do you get your head around this? >> we've gotten leadership and former leadership that has given license to this and made it okay. what's troubling here is that when the attorney general of the united states asks the fbi to assist local law enforcement and give guidance how to identify valid and chargeable threats, people on one side went crazy and said this is outlandish, this is a war on parents. it's not a war on parents. it's a war on violence. and what i think is really disturbing is that the scenarios in the articles you're referring to, many of them are chargeable but seemingly not being charged. i think what's happening here is these actors are exploiting the gap between free speech and civil liberties and violence. and they're finding that groove that allows them to come just short of chargeable offenses, but in many cases they have crossed the line, and it's time for local and federal prosecutors to do their job and start charging people or this is going to get even worse. >> okay. but these folks are saying i have a right to free speech. you cannot yell fire in a crowded theater, right? so when does free speech cross the line and actually demonstrate criminal activity? >> right. so, for example, saying i wish you were dead is not chargeable in most jurisdictions. however, when you cross the line into specificity. i am going to do this, and you've got specificity as to time, place, method you clearly have a chargeable offense. some of these people seem to know the difference and that's one of the issues. but i would argue this. many of these scenarios involve repeated targeted cyber harassment. that turns into a federal charge of cyber stalking, cyber harassment. that needs to get looked at some teeth need to be put into what the attorney general is asking the fbi to do. >> i've always been disturbed when you see directions on how to build bombs, things like that on the internet. where does that fall in the bigger picture? >> well, now we're into the whole role of the internet, social media platforms on this and a lack of policing and regulation on the internet. and clearly facebook and others are way over their heads right now. they're playing wack a mole with all of this. and it's ironic our freedoms and freedom of speech and assembly and civil liberties which we might dearly for and our military has lost their lives for are now playing a role by being exploited by those who would undermine our democracy. and we have a congress that take their mind on this because they're split and polarized. why today a saturday could be a key day in the kyle rittenhouse trial. that's next. in the kyle rittenhouse trial. that'sex nt. ♪♪ hi mr. charles. we made you dinner. aww, thank you. ♪♪ is struggling to manage your type 2 diabetes knocking you out of your zone? 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