menendez about context charges. trumps allies try, perhaps successfully to continue to run out the clock on this investigation. well come to meet the press daily. i'm chuck todd. as covid cases rise, the biden administration is struggling to sell and implement the vaccination soft mandate. as early as today, the senate is expected to pass legislation that would attempt to revoke the white house's vaccine and testing mandates for private sector workers. at least two moderate democrats are expected to join with all republicans to pass that bill. the white house told reporters president biden plans to veto the legislation if it actually reached his deck. it comes as more than a few prominent democrats in congress and one at the state level, a couple governors, appear to be souring on similar vaccine mandates. the administration is facing another legal setback as a judge blocked the president's mandate for federal contractors. right now all three of biden's vaccine mandates for federal contractors and healthcare workers and private employers have been temporarily blocked in the courts, in most instances, the judge responsible was appointed by president trump. it's hard to sell a mandate amid the flood of misinformation and politicalization, some governors seem to be encouraging people to defy employer mandates, if you use taxpayer dollars to reward people that do not participate. that tells you something. doesn't it? a few states are giving unemployment benefits to those who lose their job to not getting the vaccine the fact that the biden administration tells you a lot. they are likely accepted as the best tool to save more lives an livelihooss. to that point, here's what dr. fauci said about preliminary data from pfizer its booster shot can neutralize oem kroen. >> the bottom line message is for those unvaccinated, please get vaccinated. particularly for those fully vaccinated, get that booster shot. because that makes a big difference. >> it's unclear why the white house is not flooding the zone with public messaging campaigns everywhere on this issue. they started it, like with everything, they seem to have stopped it. joining me now from capitol hill is lee anne calcaldwell, on the medical side dr. william shatner and director of infectious ziesz and state $from louisiana's department of health. lee anne, let me start with the politics, two democrats joining here. so it will be a majority in the senate. what happens to this in the house? is it a sure thing that it doesn't pass the house in. >> well, it's not a sure thing. it's probably not going to come up in the house, chuck. the reason it's coming up in the senate as early as today is because of how the process works when you try to unveil a biden administration rule or any administration rule, you have an incubation period. it automatically has to get a vote. it's different in the house. speaker pelosi doesn't have to bring it up. but a republican could bring it up a and force a vote. but that republican has to have the sole support of 218 members. so that means they would have to find five democrats. now, democratic leadership are skeptical that republicans will find those five democrats to sign on in this and this is important. so if the vote was forced, if the vote had to come up on the floor, then, yes, probably five moderate democrats would vote for it. but there are probably few if any moderate democrats that would make this issue to him to come to the floor. that is different and important. democratic leaders expect it to go by the wayside and not see the light of day. over in the senate. >> lee anne, do democrats tell you, lament the fact they are getting crushed pr wise? you look at it, it is a one-sided conversation. you have the entire conservative ecosystem fighting mandates led by a lot of elected republicans. it is like crickets on the side of those defending the mandates. >> yeah, it is. this is one of the many issues that democrats say that they're getting crushed on really. they know they're in a very difficult place heading into 2022 and the mid-term elections. we have been surveying a lot of senators up for re-election in 2022 and some of those difficult states. i spoke with cortez mass so in nevada. she is likely not going to support this republican measure today. but she is still looking at it. >> studying, lee anne. that tells you everything you need to know. >> exactly. maggie hassam the same. >> let's go to the legal side, lee anne, thank you for that. the legal side, peetd, three of the president's mandates have been locked at the federal left some you can't help but wonder how much of this is politics with some of the judicial appointees. but are all three likely to be, all three of these pushbacks likely to be upheld by the supreme court? so far it's been pretty pro government? >> not on the early stages of the pandemic win couldn't go to charge. yes, the mandates for in the various states, if you look at the commonality in these decision in the federal contracting case, it's the federal procurement act. the one from large employers, it's the osha law. healthcare it's medicare and medicaid n. each case the judge said you can't get there from here. yes, the president brought contracting on accounting and this is a public health requirement, you can't do that under this law. so there is a commonality under all of those. i'm to the sure how they're going to fair in the supreme court. in each of these cases, the challenger states universities, private businesses. it's a pretty wide array of people challenging these mandates basically say, you know, we shouldn't be required to do this. we think we can succeed when this comes to trial. so give us the injunction now, that's what these courts have done. >> so when do we expect the next level on any of these? what's the first one that will come up in off circuit or straight to the supreme court in. >> the osha one is weird. it had a provision that said if you want to challenge the osha requirement, you go directly to the court of appeals. that's the decision on the forecast track. now all the various other challenges consolidated in the sixth circuit. so it's probably the first one that will get to the supreme court. >> and has it mattered? i know the contracting when there is not a testing out, in the large employer one, there is a testing out. it's not a hard mandate, it's a soft mandate. ap lot of legal experts made it almost bulletproof. what do -- why has the sort part been? smr it's the mandate problem. it's basically saying you don't have authority under this law to impose this requirement. that's what the courts have said. this sha straight-up question of statutory interpretation, there is no constitutional argument here. this is just that's one of the things that courts do and the supreme court does, too. >> if i am curious, will we see a precedence, if osha loses this one, will this be a change? that's what a lot of folks noted, osha has a wide, it has been challenged before and have won these architects. could this palestinian the, turn the tide here in. >> i don't think so. this is either yes or no. is this square peg fit in this round hole or not or is it, in fact, a square hole? that's the we the courts have to decide. this whole thing about osha regulations, do they go beyond what congress initially -- that is a question -- >> that should have sailed, right? >> that's a question courts deal with every day. i don't think that will change that. >> pete williams, thank you for that. let's go to the medical side. dr. shatner, the news from pfizer said look two doses, are you vulnerable to omicron, hey, get the booster, it looks like it will work. explain what makes the booster work but not the two dose? >> well, chuck, what happens when you get the booster is you get a booth. a very large increase in anti-bodies and not only do you get a large increase in amount, but that large increase becomes more diverse. it protects against a variety of different variants. so the news is really very good, get vaccinated. get your booster. you have protection against delta, which is out there causing 99% of the infections right now and against omicron also. looks like if you do that, you can have a comfortable and very safe christmas and other holiday. >> that's good shert-term news. but let me ask you this, isn't this more proof assuming there is another variant out there and unfortunately not enough vaccinated people around the world to prevent this, it's inevitable a fourth booster is coming? accident show you the first wasn't going to be enough? a booster is? well, the next letter of the greek alphabet in six months, how, why should we assume the fourth booster is not quite inevitable but likely? >> well, chuck, we're not in charge. the virus is in charge. and exactly as you say, as it multiplies around the world, all of these variants that have come here have started there. soond we need to take a global perspective in trying to curb this pandemic, not just focus at home. and, yes, we may have to get further boosters in the future. hey, you just have to roll up your sleeve in and out of the pharmacy or your doctor's office. that will set you up. >> drmpblths doctor, i want to ask you when we're giving the initial rounds of the vaccine. it seems as if early on we got the two dose very quickly. either three weeks or four weeks, because we were in -- it was clear we were in a semi emergency moment. the science seems to say we actually need more spacing between dose one an dose two. so why as we're starting to dose five to 11-year-olds are we using the old schedule when our science tells us actually we might be better off spacing out doses here? why haven't we changed the regimen in. >> well, chuck, are you exactly right. there has been much discussion about that it's likely to be correct. before we can change what we do, we have to study it in people, make sure it's effective and safe. and those studies haven't been done. i don't want to make changes on the basis of the seat in your pants and it sounds like a good idea. you have to get the data and then you could make the change. >> i guess i understand we didn't have the data before. haven't we had it since? don't we have the data now in. >> no, we don't. we would need to do studies in the population affected. you suggest children. and you have to look at varying dosing intervals to see if they're better than what we're doing right now. it would have to be rigorous and that would take some time and effort. >> let me move to the issue of i guess marketing the vaccine, dr. cantor, i don't know what other way to put it. it seems if i told you i had a vaccine that would allow us to get the economy back on track torque get our lives back, you would think that should be fairly easy to sell. obviously, this is not. you've run into a lot of misinformation on the vaccine. if you could get five minutes with president biden, what advice would you give him on how to sell the vaccine? >> thanks, john. i think we have to continue to meet american families where they are and for a lot of families, that means they still have questions. and it's normal to have questions. look, everything with this pandemic has been fast-paced and confusing. it's normal to have questions. we need to honor those questions and dream big data, good science to them. i think a lot of that work is happening. we need more of it. at the same you could push that very hard against people who are deliberately spreading disinformation. this anti-vax movement is well organize now. it's better fund than years past. it's causing damage among families that have legitimate questions and have straight forward answers. we have to push heard to deliberately trying to confuse people. >> i think that's the part that a lot of folks are i think, look, i would say this. i think the white house wants to get tougher on that, at the same time fears if you get tough on that message, it actually makes people dig in their heels more. i understand that dilemma. but it does feel as if the unvaccinated are getting rewarded, not punished. >> i try and bring compassion. we all share values, we all want our families to be safe. i think that's common ground. are you right, chuck. i mean at this point people who haven't been vaccinated are more likely to have deeper held beliefs or digging in their heels. there is still common ground when we look at the reasons people remain unvaccinated. a lot of time they've fallen victim to disinformation. this anti-vax movement has caused a little bit off guard with how sophisticated they've become we have to fight back. vaccines are our singlele best tool. we need to continue to normalize them. >> do you think mandates are too hard to enact or not? >> yeah, i thinker that a distraction from most elements. i think families are following the court cases, the political baseball when the real point is that the vaccines are safe and it doesn't matter whether you are required or fought, you should get vaccinated. we got to keep hammering that point out. >> do you think the -- i am curious on boosters right now, number one, are you seeing the same increase we've seen in other place, thanks to omicron, suddenly there is a demand for boosters. duke that the booster conversation was a bet convoluted for the last month and sort of held that back for a bit? >> it was. but to be fair, everything with this pandemic has somewhat fast paced, confusing and convoluted. we have seen booster doses increase. i think the news from pfizer today, they think it gives decent protect against omicron. it's encouraging. we have to continue let families know, after the holidays are coming up, now is the time to do it. >> that's for sure. that's why i got my booster. i know i am traveling for the holidays. i hope people are thinking that way. thank you all for getting us started on this issue. what is the united states prepared to do if putin evades the warning. senate chair bob menendez will be here. next we he head to minneapolis for the trial of kim potter. she fatally shot a 20-year-old man at a traffic stop in april. you are watching "meet the press daily." e watching "meet the pres daily. we'll pay off your phone up to $1000. you can keep your phone. keep your number. and get your employees connected on the largest and fastest 5g network. plus, we give you $200 in facebook ads on us! so you can reach more customers, create more opportunities, and finish this year strong. visit your local t-mobile store today. ♪♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward. and helping you plan for future generations. this is "the planning effect" from fidelity. as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ no one can deliver your mom's homemade short ribs. that's why instacart helps deliver the ingredients. and you add the love. - san francisco can have criminal justice reform and public safety. but district attorney chesa boudin is failing on both. - the safety of san francisco is dependent upon chesa being recalled as soon as possible. - i didn't support the newsom recall but this is different. - chesa takes a very radical perspective and approach to criminal justice reform, which is having a negative impact on communities of color. - i never in a million years thought that my son, let alone any six-year-old, would be gunned down in the streets of san francisco and not get any justice. - chesa's failure has resulted in increase in crime against asian americans. - the da's office is in complete turmoil at this point. - for chesa boudin to intervene in so many cases is both bad management and dangerous for the city of san francisco. - we are for criminal justice reform. chesa's not it. recall chesa boudin now. i was very straight forward. there were no mixed word. it was polite. but i paid it very clear, if, in fact, he invades ukraine, there will be severe consequences, severe consequences. economic consequence like nothing he's ever seen or ever had been seeing. >> reporter: do you have confidence he got the message? >> i am absolutely confident he got the message. >> welcome back. that was president biden this morning giving a readout of his conversation with the russian leader vladimir putin. they say he told putin one nation can't force another nation to change its border. one can't them other to change politics and who they can work with. joining me is new jersey senator bob menendez. when i heard the president there and saw the readout yesterday, the thing i keep coming back to is why aren't there severe consequences for threatening to invade ukraine? >> well, i think that our most powerful choice in this regard is to make it clear that any invasion would bring the mother of all sanctions down on putin. sanctions similar to the ones that i drafted against iran and brought iran to the negotiating table and at the end of the day, it's to deter russia from acting. if you, in fact, slap sanctions now just because of the threat, i'm not sure we get the international response that we want that the president is amassing in support of this incredible set of sanctions that would be leveraged. >> it's interesting. it does seem as if, i'm curious, senator, does the change in leadership why germany seems on board at least agreeing that nord stream 2 goes if he crosses the border, if putin crosses the border, is that about a change of leadership or would this have happened under murkel, too? >> well, in fairness, murkel actually told putin that if he invaded ukraine, nord stream problem shut down. it's not operating now. but any process to get it operating would be totally shut down. and i think, obviously, the new chancellor and because of where he comes from and the coalition he has is even at more against nord stream than chancellor murkel was. but i think the message for the germans is pretty clear and unequivocal in this particular regard. and we welcome that by our german allies. >> i want to put up something here casperoff wrote and get you to ask the question about what do we owe ukraine, if they are invieded? he writes, all around the world demagogues are pushing the same dangerous message, democracy is broken and should be discarded. their attacks on democracy are only aid, even if unintentionally, by america seeming to lose the democratic order. you know him well. she, obviously, a huge critic of vladimir putin. he believes the united states needs to be doing more. what is -- how much more would you like to see the u.s. do to protect ukraine? and how much do we need to be send ac message to china in regards to taiwan on how we handle ukraine? >> well, i share his disdain for putin. that's why i have been sanctioned by putin. i can't travel to russia. but at the end of the day, we're not going to send america's sons and daughters to ukraine. but what we are doing and should strengthen is the ability of ukrainians to protect and defend themselves so we should be more robustly assisting them with the type of equipment they need to defend themselves and, in fact, the eu national defense authorization act we will be voting on i hope tomorrow will ultimately add millions more to that effort and in an expedited thattings to help the ukrainians. we should be amassing the international response that we want so that putin understands, this isn't just about the u.s. although, the u.s. can close the doors to the world's financial institutions in a way that would cripple sanctions, but getting the multi-lateral effect and our european allies are joining us. it should be clear to putin that the consequence of invading ukraine is for nato to have to strengthen its resources at its now closest border. those are all consequences i don't think putin wants. >> everybody assesses putin as an extraordinarily transactional guy and realistic guy if you can agree on the facts. the first time he amassed troops, it did seem like he was looking for attention from biden and he got it. is there something else he is looking for here? or do you think this time, it's going to be harder to get him to pull back? >> i think he has several things he wants. number one, he wants a guarantee there will be no enlargement of nato particularly as it relates to ukraine. he wants a guarantee that if he will have some protect for what he called russian speakers in ukraine, which is really, you know, a red herring. he wants less of nato's expansion eastward. and so, and he wants a guarantee from a future president, not only this president, future president that, na, in fact, will stick. those are not guarantees that president biden can give. but i do see the president said that there is going to be a meeting with self of our european allies engaged with putin as to his concerns about nato. nato is defensive. if we do not get attacked, then nato doesn't go into effect. that's the fundamental reason it exists and putin should understand that. but to the extent that there can be off-ramps for putin in terms of some of his concerns that don't, however, bind ukraine, only ukrainians should make that decision, that we would welcome. >> this summit of democracy that the president is going to host kicks off tomorrow. what is something tangible that can come out of it that can say, okay, look, gary casparoff, there is this feeling that democracy on defense around the world. what can come out of this summit that gives democracy advocates, whether they're in taiwan, russia, brazil, china some hope? >> i think a strong statement of commitment by the democracies, at the democracy summit, supporting those nation democracies in supporting them, supporting them economically. supporting them diplomatically and elsewhere, that sends a message in the world, we stand with you. strengthening democracies in their own country. i mean at the end of the day, we have to show democracy can deliver on behalf of its citizens. even some invited to the summit need to strengthen their own institution sfwls i was about to ask you that. the philippines and pakistan feel like head scratchers. >> yeah. well, they might not necessarily have been on my invitees. but part of i think what the president is trying to do is take those that have some almost of elected government and move them to the other elements that elections is not democracy in and of itself. it's institutions, it's rule of law. it's a respect for human rights. >> senator bob menendez, i present you coming ontario, sharing your perspective with us sir, good to talk to you? it's always good to talk to youers. the one-year anniversary of the insurrection approaches, you are watching "meet the press daily." 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>> it's a much stronger case. he plauzably say i had to do official business. pierceing through that veil of executive privilege and allowing any congressional body to take a look at what happened to future presidents as well, you can imagine why the justice department would be inclined to defend and protect the presidency, the office of the executive more than it would consider protecting donald trump. >> danny savales, let's go to the steve bannon side of things the fact that they didn't get a trial date until july f. are you dealing with -- forget being the defense attorney for steve ban nan. say you are for dan scavino or mark meadows, in a successful indictment, the trial isn't until july. does that make it a plausible theory? >> i have cases that have all been put off your months, months, even years, mostly due to the covid pandemic. so if are you a defense attorney and mark meadows is your client, you could push it far enough especially with the new variants, we may be back into a delay pattern for federal courts. this could go on trial may not be in july. it may be further out and eventually if you get to to have, you start talking about a whole new congress and a whole new view. maybe a new committee who doesn't think mark meadows should be indicted. >> danny, if you had a client, is it better to go the don't cooperate or is it better to do what roger stone did and plead the fifth. >> it's a very case-by-case basis. but here's the pluses and minuses. if i am representing a mark meadows. i know delay works in the fave of my client, in ait simply doesn't in ordinary criminal case, eventually it may mean congress doesn't care so much. on the other hand, history tells us that cooperation and negotiation with congress is the better route to go. nobody wants to be indicted unless in their estimation they conduct a balancing test and getting indicted for contempt is somehow a better outcome than whatever would happen if they turned over those documents and sat for a deposition. >> now, dan in addition, did mark meadows open himself up for a potential indictment because he started to cooperate? >> yes and no. i mean, that plus the fact that he just released a book weakens his argument about executive privilege. after all he is talking about his life with donald trump. it's hard for him to say it's privileged his life with donald trump. so the fact that he originally agreed to. if you look at his lawyer's letters. the lawyer claims we were going to show up for a deposition. then we got these documents from you, they made us really nervous how you, the committee, is going to disregard executive privilege completely. i got to say if both the lawyer's letter and the congressional committee's response, it's a little vague as to what exactly gave them pause or made meadow's attorney nervous. but the point is, they're claiming whatever they received gave them pause, made them think, uh-oh, the committee isn't going to respect privilege. the president's response is we were going to respect privilege. that's why we had the deposition idea. you can come in, testify, refuse to answer on a case-by-case or question-by-question basis. >> okay. as the justice department attorneys when they got the trial date they had asked for april, which in itself feels a long way. they ended up with july s. there anything justice can do to expedite? or will we wait until july which is feels like it is only actually hurting the committee's ability to get the information it's seeking? >> if you look at what's happened in the district courts here in washington and in courts all over the country, there is an enormous backlog of cases due to covid. we're not in sex at all. you have a tremendous amount of work for the courts because of the investigation into the folks who actually attacked the capitol and went to the building. their cases are all pending in court. so there is an enormous backlog. i don't feel it would be likely the case would be expedited more so. and in july, the prosecutors argued, this is going to be a lengthy trial. they basically indicated in court documents, they think they can present all the evidence necessary to make their case essentially a day. so once it begins, it will go quickly. >> danny, thanks to the pandemic, more really than engels anything else, it looks like a brilliant strategy for donald trump which once again has been his legal strategy to get out of pickles really his whole life? >> just to give you an idea, i had a federal criminal case listed for trial in may. it got bumped because of the backlog that we were just talking about to january and even then, i'm not 100% sure it will go forward then. it's absolutely right the irony of this is this is a trial with very few facts, at least for someone like a steve bannon or any one who defies a committee. the amount of facts needed are minimal. if a trial would last no more than a day. the reality is courts prioritize and they have tro prioritize cases sitting around and involving defendantsin custody. so a case like this, unless the court chooses to prioritize it, there is sim mr. i no way to get it sooner. more than likely, it will be later. >> both of you, nbc news, we appreciate both of your perspectives. by the way, a quick programing note. my friend hallie jackson 3:00 p.m. eastern, an exclusive one-on-one with select committee member congressman adam schiff. we are live in minneapolis where a trial is under way for a 26-year police veteran kim potter. she shot and killed a black man at a traffic to shot in april. she thought she was pulling her taser. she pulled her gun instead. are you watching neat the press daily. mneat the press neat the neat the tneat the press daily. the press daily. from becoming your parents, but we can protect your home and auto when you bundle with us. someone should've left home earlier. why give your family just any eggs when they can enjoy the best? 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and what is the defense's best case to prove that was her mindset? it does feel as if you have to basically go inside her head and believe that's her mindset? >> reporter: yeah. that's likely why we will hear from kim potter, herself, later in this trial. that's likely not happening for another week or so what we need to experience this morning were those opening statements. it was the defense and the prosecution laying out for the jury what they can expect to see during this case. they've previewed some of the witnesses that we'll hear from, including some of the officers there. those witness, by the way, will start later today, including the girl friend of daunte wright, the passenger in that vehicle. we hear from use of force experts, a medical examiner. we also got a sense of the defense. before we get to there i want you to listen to how the prosecution is saying that kim potter should be convicted of those two counts of manslaughter, listen here. >> the defendant is not charged with intentional murder. no one will say she wanted him dead. no one will say that she wanted there this to happen. no one is saying she meant to shoot him with her gun. but the evidence will show that's what she did. she fired her gun at point blank range into daunte wright's chest. it's about an officer who knew she could kill someone if she got it wrong, but she failed to make sure she got it right. >> reporter: now, we heard from the defense during their opening statements. they're saying this is about the actions of daunte wright. they say that if he were surrendered essentially, he would be still here today. they also say that wale hear from the former police chief of brooklyn center who say they will testify that even if she meant to use a firearm, even if she meant to use that handgun, she would have been justified in that action. chuck, this trial is expected to last about two weeks. >> it's funny you bring up the fact that the former chief was going to testify. during derek chauvin's trial, the fact that the chief testified was an important moment. is there any evidence the prosecution has that kim potter violated sort of the handbook, if you will? you know, wasn't wearing her taser in the right place, et cetera. is there going to be any of that aspect here? >> reporter: we got a preview of that during these opening statements. and part of their argument and the bigger picture that they say is that she violated her training. she not only violated the badge but what she was trained to do. they're saying that she shouldn't have, that policy says, that she shouldn't have even fired her taser at the car once that 20-year-old adopt wright went back in the vehicle that i have saying the training manual will be a major focus of this. they have their use of force experts that will come and testify and say even if she was intending to use the taser as she says she was even that was an incorrect action. so this is going to be litigated throughout. the defense says they will have use of force experts testifying to the contrary. and they introduced the phrase really for the first time, but something wale hear a lot. they say it's action error when she accidentally shot daunte wright. >> shaquille brewster, thank you. up next, what we expect to hear from president biden as he heads to missouri to sell infrastructure. you are watching "meet the press daily." e watching "meet the pres daily. hello? 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>> reporter: it means they may happen sooner. it means the ones that were supposed to happen in 2023 might move up a year. so much of western u.s., the snowpack is slowly disappearing. if it doesn't snow, it's not going to be able to rebuild year after year. >> cal perry on the ground for us in avon, colorado. go check out "meet the press reports" on peacock. he and we did a whole thing on this issue of the fight over water out west. so please check it out. thank you for being with us this hour. we're back tomorrow with more "meet the press daily." msnbc's coverage continues with katy tur right now. good to be with you. i'm katy tur. the january 6th committee says it has no choice but to move forward with a criminal contempt referral for mark meadows who has stopped cooperating. we are also learning the committee has a text exchange from november 6th, 2020, which shows an unnamed member of congress apparently discussing with meadows a plan to appoint, quote, alternate electors in certain states. the unnamed texter says the plan would be highly controversial. the committee says meadows