but white house covid response coordinator jeffrey swriens says this is not a moment to panic. current vaccines appear to be effective against the new variant. >> our vackeens work against omicron especially for people who get booster shots when they're eligible. if you are vaccinated you could test positive, but if you do get covid your case will likely be asymptomatic or mild. we are intent on not letting omicron disrupt work and school for the vaccinated. for the unvaccinated you're looking at a winter of severe illness and death for yourselves, your families and the hospitals you may soon overwhelm. >> just as we saw during the beginning of this two-year pandemic, concern is growing in new york tonight after a dramatic surge in new cases here. new york state reports more than 20,000 new infections today alone, breaking the record of 19,000 set in january of this year. earlier today the radio city rockettes said they were scrapping several performances in new york city because of breakthrough infections. but by tonight they announced the production is canceled for the remainder of this season over covid concerns. some broadway shows and restaurants in new york city are also again closing their doors at least temporarily over covid cases. "the new york times" points out new yorkers feel a familiar anxiety to the dark days of 2020. officials say the new omicron variant is spreading fastest here in new york and in new jersey. and dr. anthony fauci says there's still not enough known about this new outbreak. >> omicron is more transmissible. everything we know about it from what we're seeing not only in south africa but its distribution throughout the world and as well as in our own country, we see what's going on in new york city where we're getting beyond double digits of omicron being the primary variant there in that percentage. with regard to the seriousness of infection, really it's still up in the air right now because there are a lot of confounding issues as to whether or not it is less severe. certainly looking at what we see, it does not look like it is more severe, but we have to withhold judgment about the severity being less. >> and with lots of new cases professional sports leagues are now postponing games. more than 100 nfl players reportedly have tested positive in recent days. as cnbc reports, quote, the raiders' browns game in cleveland originally scheduled for saturday will be played monday afternoon. two games that were set for sunday, the seahawks versus the rams and the washington football team against the philadelphia eagles, will be played tuesday night. the national hockey league is also postponing games over rising covid numbers. and the nba is returning to tougher covid protocols through the holidays. there is also news tonight concerning vaccines for young children. today pfizer said its testing of a third dose of vaccine in children to under 5 years old after researchers found the two dose regimen failed to generate a strong enough immune response. just a couple hours ago in a victory for the biden white house an appeals court cleared the way for the president's vaccine and testing mandate for businesses to take effect. in that 2-1 ruling the ohio-based sixth circuit said the osha order for businesses with at least 100 employees is valid. tonight politico reports 27 business groups have already filed an appeal to the supreme court. we're also following important developments tonight in the january 6th investigation. the house select committee tried to question long-time trump ally roger stone about the insurrection, but stone made it clear he didn't did give him any answers. >> i did invoke my fifth amendment rights to every question not because i have done anything wrong but because i am fully aware of the house democrats' long history of fabricating perjury charges on the basis of comments that are innocuous, immaterial or irrelevant. i stress yet again that i was not on the ellipse. i did not march to the capitol. i was not at the capitol. and any claim, assertion, or even implication that i knew about or was involved in any way whatsoever with the illegal and politically counter productive activities of january 6th is categorically false. >> the committee has said stone was in washington on january 5th and 6th to attend and speak at rallies in support of trump and his false allegations of voter fraud. we also learned today that conspiracy theorist alex jones's deposition originally scheduled for tomorrow has been postponed. and tonight "the new york times" reports the january 6th committee is, quote, weighing whether to hire staff members who could analyze social media posts and examining the role foreign adversaries played in sowing divisions among americans over the outcome of the presidential election. and one more january 6th item tonight. a tampa florida man was sentenced to more than five years in prison today for assaulting police officers during the capitol attack wielding a plank and a fire extinguisher. robert pauler's 63-month sentence is the longest yet for anyone charged in the 1/6 riot. with that let's bring in our lead off guests on this friday night. the author of the paper's morning newsletter the early 202. jeremy bash, former chief of staff at cia and the pentagon. and the doctor, the emergency physician at the university of arizona college of medicine in phoenix. he also works in emergency rooms in pennsylvania and florida. it's good to see all of you on a friday night. doctor, people in new york have been so cautious for so long, and yet covid cases here are soaring. performances, sporting events canceled. it all sounds so familiar, but some officials argue as long as you're fully vaccinated especially with a booster just go on and live your lives. help us understand exactly what the threat level is right now in a place like new york city and whether fully vaccinated people should be taking more precautions. >> yeah, that's a great question. i was in pennsylvania working last week and it was one of those bizarre situations after going up to miami, the cases were worse up there despite the northeast having done so much better than florida in general. that won't be the case for long. florida's going to get its spike very soon. it's already starting. but in terms of when people say live your life if you're vaccinated, i'm not sure what that means. it's a very vague statement. if live your life means you can gather with family who's all vaccinated, sure. everyone's vaccinated and gathering with those family members, great. if it means going to indoor restaurants with no idea what the vaccination status of anyone is and nobody is masked because by definition you're eating and you're in a community like new york where cases are surging, i wouldn't say live your life. obviously people are going to make decisions as they feel best. but if you can be confident everybody in your situation is vaccinated or you're in a very well-ventilated area i think you're going to be okay. there are places where you can be guaranteed of that is my experience. >> describe what's in hospitals right now. what's your big concern? >> well, remember all the other issues in medicine haven't magically gone away. i've been saying this for it feels like years now. for the people who think, eh, whatever, they'll handle covid cases when the cases come in, god forbid you're in a car accident or have the very american problem of being shot or you have appendicitis or a heart attack -- if there's no beds available because of a surge in covid, guess what? you're going to be stuck waiting in a waiting room, and i can guarantee you the care in the waiting room is not nearly as good as in a hospital bed. that's what you're facing. >> yeah, and if doctors and nurses start getting sick and even if they're not seriously ill, then they can't go into work. it all sort of dominos. jeremy, i want to talk about the 1/6 investigation. busy week with the mark meadows condemn vote. what are your take-aways with everything we've learned so far? >> i think this was the most consequential week for the january 6th investigation and the bipartisan committee's activities. you had the text messages and powerpoint that mark meadows produced that showed clearly there was a link between senior white house officials and those who were advocating for stealing the election, disrupting the election results and engaging in an armed attack on the capitol. you had individuals like mark meadows and roger stone plead the fifth. obviously they've got something to hide. roger stone there in the clip you played felt free to talk to the press, but he would not face the investigator's questions. then you had this extensive sentence in the florida case where someone was sentenced for more than five years for assaulting police officers. and that's just the beginning of it. obviously those who incited the riots will have to be held accountable as well. so i think there's new momentum to the committee's work. and i think the next several weeks are going to be very telling in terms of where this investigation is going to go. >> and jackie, what else can you tell us about the committee's thinking when it comes to roger stone? and overall does it appear that the committee is making real progress? >> yeah. to add onto what jeremy said i think this has been a blockbuster week for them, and i think people are really just starting to tune in. and it's a preview for what we're going to see next year, the committee finally putting together a lot of the evidence they've been collecting over the past few months and telling the american people a story with that information. that being said, there's still a lot of unanswered questions here. and, you know, we saw some of them spelled out by committee members this week during that contempt hearing for mark meadows when the committee voted to hold him in contempt and then sent it to the house for a full vote that approved to hold him in contempt as well. roger stone at least comparatively i think is a little less integral to the committee's work at this point in time. what we have really seen is just how key mark meadows and some of the people who were in former president trump's inner circle are to the committee's work. they're still trying to piece together about 187 minutes what the president was doing while the violence was under way at the capitol, and the people who would know that best are less likely to be people like roger stone who was sort of these peripheral buyers and more likely be people like mark meadows, johnny mcenty, who were in and out of the oval office on january 6th. >> jeremy, what's your reaction to this new reporting from "the times" tonight that the committee may hire new staff to look at social media, the way they put it digital footprints can help congressional investigators connect players and events. and maybe for some folks even more intriguing they would look into potential foreign efforts to divide the country after the election. what do you make of it? >> you know, the committee's already analyzing social media because of course much of the january 6th events were planned there. i think the foreign interference piece is very interesting. you know, up until now we've sort of regard this as mainly a domestic terrorist incident. although there were neo-nazis, fascists, anti-semites and races in the crowd we haven't seen clear evidence of a foreign nexus. but clearly there's a reason why the committee wants to look into this. if there is a foreign nexus whether it's witting or unwitting by the participants, i think that's going to up the stakes here significantly and showcase just how much of a national security threat this armed mob posed to our election and our democracy. >> of course, jackie, washington is shifting into hollywood and recess mode, but what should we be looking for in democrats especially when it comes to build back better and now voting rights? >> i'm not sure we can be looking for all that much from democrats. they're finishing the year off rather frustrated after not being able to push through president biden's biggest economic agenda, the build back better with the nearly $2 trillion social spending package along with voting rights, which was another -- is another huge priority for the administration that lawmakers pivoted to earlier this week when they realized -- sorry, i have an angry puppy whose sleep schedule i'm disturbing. but i think lawmakers soon when they realized they weren't able to hash out build back better because the joe manchin roadblock they pivoted to voting rights as a tactic. they already have various bills drafted. joe manchin was warming to some of these rules changes. you had people moderate democrats like mike warner arguing because they made some rule changes in order to pass the debt limit last week that democrats should be able to apply that to get something done to go home and talk to their constituents. instead you're going to see lawmakers go home empty handed including actually having to speak to one of the major priorities in proposals that was implemented by the administration, the expiration of the child tax credit that cut child poverty by 40%. and lawmakers also declined to renew that program with a stand alone bill. so all in all, again, a rather frustrating end of the year for democrats who were going to have to sort of finesse some new talking points as they head home with little new to show for. >> it's not just they're going to be able to go back and say we did build back better, we did voting rights. but they're going back at a time when we see covid cases on the rise. people have had it. they don't want to be thinking whether or not they can get together with grandma because their little one is unvaccinated. i mean how does covid and the rising number of cases play into all this? i mean, number one lives, right? but there's a political angle to this as well. >> yeah, that's a really great point, kris. and i don't think -- i honestly think we're really at an inflection point really today. the conversation beforehand was all about inflation. we were making a comeback. joe manchin's biggest default argument and resistance to passing another massive spending bill was that with inflation rising, with people getting back to work, with us overcoming the pandemic, that it wasn't necessary to pass such a bill again. i think that conversation might potentially switch as we come into the new year, these next few weeks and the way the administration navigates them are going to be really crucial and potentially have a major impact on the way people like joe manchin maybe view the urgency with getting something passed again. and some of these social spending programs renewed. >> it's worth mentioning i think, doctor, that kamala harris earlier today said they didn't see delta coming, they didn't see omicron coming. we don't know where this is going, right? scientists have their, you know, best guesses, but we don't know. and so as we are in this moment with a lot of worried people out there i wonder how worried are you? and can you give us some more specific guidance as people want to know if i'm fully vaccinated and boostered, is it okay to travel? is it okay to gather with family and friends? >> well, i can't speak for the vice president, but i can say omicron is coming. and so the science experts knew delta was going to come. the health experts knew omicron was going to come. it's here. it's very transmissible. now, it does seem to be a bit milder, which could be a huge quirk. if it out-competes the delta variant and is indeed milder, some might view that as a victory. if it's so transmissible that many people get infected you're obviously going to have a huge surge in cases and naturally some of them -- a lot of them are going to be hospitalized. i will say if you've been vaccinated and had the booster as well, you're probably in pretty good shape. but if you haven't had the booster and in particular if you haven't been vaccinated, it's the same case as it was before. you're really putting yourself at significant risk. unless you're a hermit and live in a hazmat suit. i have yet to meet a hermit by definition and have yet to meet people walking out in hazmat suits or astronaut suits. >> doctor, thank you. jackie, jeremy, appreciate it very much on this friday night. and coming up, mitch mcconnell is now among those eager to see what the investigation into 1/6, an event he called horrendous, turns up next. and later the president promises the battle against the other team is far from over when it comes to protecting the sacred right to vote. two of our favorite political observers help us wrap up this week. "the 11th hour" just getting under way on a friday night. 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>> well, kris, first i see the jackson state shirt fletcher is wearing. here's what's going on with mcconnell. if mcconnell over the christmas break stumbled upon a magic lamp and the genie came out of the lamp and he had three wishes and no one would know he had those wishes. the first one would be to take steven breyer's seat and be able to appoint another conservative to it. that's what he cares most about. the second thing he'd wish for is that donald trump would just go away. mitch mcconnell understands that what donald trump precipitated on january 6th was horrible. it was because of donald trump that the senate chamber he so loves was breached. it was because of donald trump that he is not the majority leader right now. those two georgia senate seats were lost because of donald trump's actions between november and january 5th. in private there's no love lost. the problem is the thing mitch mcconnell cares about the very most, being majority leader, being able to appoint those judges requires him to play ball with donald trump. if he was the one to push donald trump overboard, it would cause a crack up in the republican party. the maga voters, the trump voters would turn on him, and he would not be able to lead this party. he'd turn what paul ryan is, be a board member at fox or be out of politics. so he's stuck. he's stuck. if he wants to stay as leader, you know, he has to continue to play this footsie with donald trump while knowing on the inside that what trump did was wrong and while wishing he could just move on from donald trump to ron desantis or whoever else in 2024. but he can't do it. and so sometimes that desire slips out in interviews like this, and i think that explains his behavior today. >> we should note, don, despite his best efforts the twice impeached former president can't seem to convince republicans to get rid of mitch mcconnell as the leader of the gop. politico reports it this way tonight. despite months of attacks the trump-led campaign to depose the senate minority leader it has failed to turn up a formidable challenger to run against mcconnell. so does this in any way suggest waning influence by trump? can mitch mcconnell breathe a sigh of relief just yet? >> no, definitely not. i mean, listen, donald trump is going to maintain his vice grip over the bulk and frankly the growing energy in the republican party. but every now and then we see the national republican party kind of pat trump on his head and send him on his way and let the adults continue to conduct their business. that's what's happening here. donald trump is not going to have any outsized influence on the machinations in terms of the senate procedure in the senate caucus. do we think senator bozeman of arkansas really cares what donald trump has to say that much? he'll play the game just enough. and i would say that's probably the same for cornyn and any number of the other hard line core republican senators. they're going to appear in a rally or two. they're going to appear in public to not officially break ties with trump, but they're not going to let trump dictate who the senate republican leader is. they're not going to het him dictate on any number of procedural matters that are going to come before the united states senate. and this is one of those. so, you know, they're not going to rebuke him in public, but they're certainly not going to let him dictate what happens in the senate which is so unique and so uniquely powerful. >> i want to ask about a report today. silencing top public health experts including a former cdc official. here's how cdc director robert redfield responded to the report. >> i think it's an important enormous public figure, been a great service to our nation. when she basically told the truth of what she felt was coming there were some people that weren't really -- really happy about her comments. but i think as everyone knows her comments were right on. there was some decisions after that, unfortunately, that limited cdc's ability to communicate effectively to the american public. >> i think for a lot of folks, tim, nothing they learn about this surprises them, and yet are we finally starting at least in writing and in investigations, starting to get sort of the full impact of the former president's actions and how millions of lives were put at risk? >> yeah. the most surprising thing about that clip, kris, is that little bit of truth broke through over at fox. we were covering at the bulwark the silencing way back in march and spring of 2020. and she was really the first person to sound the alarm on an early conference call at the very beginning of when we were learning about this pandemic back when donald trump was still, you know, talking about his friend chairman xi has things under control over there in china. look, olivia troy left the president's task force, came out to her great credit before the election and spoke out about this and blew the whistle. and it's good to see now that further investigations are going on that there are other people that are corroborating, you know, what olivia troy was telling the american people and warning the american people about before the november 2020 election. >> you know, we've been listening to this, don, over the last couple of days even at the top of this program, experts predicting deadly covid outbreaks particularly among the largely unvaccinated. did all the disinformation groundwork that was laid-back then make it nearly impossible now to convince people who haven't gotten a shot already to get one? >> 1,000%. at this point i think a lot of reasonable and rational uh-uh dults have concluded covid will always be with us. it's something our kids and granld kids will know. granted it would not always be a deadly pandemic, and we'll get to a place we'll learn to manage the upcoming and forthcoming variations. but it will always be with us and that is directly because of how we handled it from the beginning, and that is acutely from donald trump on how he chose to sow distrust in government institutions. he undermined dr. fauci in addition to his own appointees. and the way he handled it and consistently sowed the seeds of distrust among authority. but this distrust in our institutions, this distrust our basic public servants are out to serve the public and not themselves, that distrust started in the trump administration from the moment he came down those steps of trump tower as a candidate. but it certainly extended and manifests itself in the worst sense with the covid response. >> the jackson state shirt tonight is that chosen the way i choose my clothes with what's on top of the laundry basket, or is that a statement on travis hunter? >> it's a statement on travis hunter. listen, i went to alabama a&m. he's flipping the balance of hbcu power and tipping it for opportunity. so very excited for everything the coach is doing and we wish him luck. >> for once. all right, these gentlemen have both agreed to stay here a little longer to talk politics maybe a little sports. coming up, the president is heading into the holidays with much of his wish list unfulfilled. more on what happens next when "the 11th hour" continues. nextn "the 11th hour" continues. hey google. ♪ ♪ ♪ ♪ ♪ ♪ do you struggle to fall asleep and stay asleep? qunol sleep formula combines 5 key nutrients that can help you fall asleep faster, stay asleep longer, and wake up refreshed. the brand i trust is qunol. [♪♪] did you know you can shorten your cold with cold-eeze® lozenges? cold-eeze® can shorten your cold by 42% try cold-eeze® the number one best-selling zinc lozenge. and try new cold-eeze® ultramelt™ chews in a great-tasting orange flavor that quickly dissolves on your tongue. i've never seen anything like the unrelenting assault on the right to vote. but each and every time it's brought up that other team blocks the ability to even start to discuss it. that other team. it used to be called the republican party. we're going to keep up the fight until we get it done, and you're going to keep up the fight, and we need your help badly. >> the president's message to a room full of graduates from hbcu south carolina state university. chuck schumer has vowed to pass voting rights in time for the 2022 election. and today senate democrats held a special meeting on a path forward for voting rights as well as the build back better plan, but there's still no sign of progress on either of the president's priorities. still here, don calloway and tim miller. don, is this going to get done? is voting rights going to get done? >> unfortunately, listen, it's not going to happen between now and the end of the calender year. and my fear is well-documented that if you go into next year which is typically a do-nothing year in terms of congressional activity in the cadence of washington, d.c., if you get out of this calender year going into next year there's a much lower chance it will happen because folks don't like to take risky votes or engage in this type of tightrope stuff. of course voting rights shouldn't be tightrope stuff, but folks don't like to do this in an election year because of voter ramifications. without voting rights there is none of the other stuff that matters. there's no action on climate change, no action on gun control. there's no action on paid family medical leave. so this really concerns me. i wonder where the priority on voting rights was from the beginning, but even then obviously republicans haven't signaled they're ready to let go of the jim crow filibuster and have a real discussion on preservation of democracy, little "d." so i'm particularly concerned we're going to move into next year with a hodgepodge of voting rights that have been laid to suppress and restrict votes in state legislatures. and we're going to look into a universe where federal action has done nothing to curtail that suppressing voter activity. >> the headline of it says joe manchin is the only thing standing between america and senator cletus ivermectin in 2024. you go onto write, quote, in this political environment manchin does it by going along with the democrats just enough to get by while bucking the party loudly enough to keep the trump voters in his state happy. well, now that you're actually here, what's the build back better reality check you say democrats need to walk away with? >> look, i think that there's a lot of this interfighting and intraparty pressure on senator and manchin. i think with sinema that makes sense. it's always a purple state. when it comes to manchin, joe biden got 29% of the vote in west virginia, 29%. i mean joe manchin cannot be expected to carry this burden of going on with every single thing that the left flank of the democratic party wants to pass or else that's political suicide. or else what you're asking him to do is end his career in the senate. and maybe that's what progressives want him to do, but he has no chance to win again in west virginia unless he can distance himself from the party. what's the way to move forward? well, the reality check should be what of these popular issues can be used to wedge some republicans to try to get them to vote for our agenda? right now while all this pressure is on senator and manchin, there are 50 republicans sitting back in their lazy boy smoking their pipes not worried about anything. there's no pressure on marco rubio for next year voting on extending the child tax credit. >> can you put pressure on marco rubio? >> if you look at these agenda items inside bbb, if you take away from having this huge package and make it a smaller package -- i'm just pulling this out of the air, but for example we're going to tax people $500,000 a year in order to pay for that we're going to pay for universal pre-k for everyone in florida. that might something popular enough you put some pressure on marco, he has to listen to advocates coming to his office and say we want this. if you look back at obamacare, medicaid expansion was really important. republican states took on a lot of water for opposing obamacare because of medicaid expansion, because pre-existing conditions was popular. what are the popular provisions in bbb that the democrats can actually, you know, remove from it and take out and go on offense against the republicans rather than just hopelessly banging away at a guy who represents a state that joe biden got a quarter of the vote, you know, 29% of the vote in? like that's not a reasonable plan. >> at some point -- >> don, is that an alternative? >> you made some good points and ones i want to wrestle with for a second here. first of all you're correct the entire republican caucus should have the moral burden on its shoulders just as much as joe biden and kyrsten sinema. but we know moral compasses is something they've not had for at least ten years now so let's take them out of the picture. this is about the call of leadership. what does joe manchin want to do, protect his own seat or move forward on quality jobs, move forward on paid medical leave in favor of a living wage, worker protections so on and so forth. and frankly, i don't believe that joe manchin would put himself in a position of political jeopardy or suicide and not for going with the far left agenda but going with a basic centrist democratic agenda. joe manchin was elected governor. he's been in the private sector, public sector. he's uniquely situated to be able to explain to the people why he's doing, and by no means do i fear we're going to be having him confused with anybody who's going along with the far left literal agenda. joe manchin needs to decide why he's a democrat at all. >> i sense an hour-long podcast we're going to have to go at midnight and do. but thanks, guys. don calloway, tim miller. thank you guys. coming up, the former guy was known for blasting people who take the fifth calling it disgraceful. but it's also strategy. we'll dig into the delay tactics in the january 6th investigation when "the 11th hour" continues. n when "the 11th hour" continues ou 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. ♪ ♪ designed to help you keep more of what you earn. no two dreams are the same. but there is one van equipped to handle them all. for over 120 years, mercedes-benz vans have been built, upfitted and ready to go. because we believe dreams - should never stay that way. when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org i thought i was managing my moderate to severe crohn's disease. then i realized something was missing... ...me. my symptoms were keeping me from being there for her. so, i talked to my doctor and learned humira is the #1 prescribed biologic for people with crohn's disease. humira helps people achieve remission that can last. and the majority of people on humira saw significant symptom relief in as little as 4 weeks. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. learn how abbvie could help you save on humira. at intra-cellular therapies, we're inspired by our circle. a circle that includes our researchers, driven by our award-winning science, who uncover new medicines to treat mental illness. it includes the compassionate healthcare professionals, the dedicated social workers, and the supportive peer counselors we work with to help improve - and even change - people's lives. moving from mental illness to mental wellness starts in our circle. this is intra-cellular therapies. it was no surprise that long' time trump loyalist roger stone refused to answer a single question before the january 6th committee today and plead the fifth. it wasn't also all that long ago when the man stone so staunchly defended was saying things like this. >> taking the fifth i think it's disgraceful. the mob takes the fifth. if you're innocent why are you taking the fifth amendment? fifth amendment, fifth amendment, fifth amendment. horrible. horrible. >> but as of tonight three members of the former guy's inner circle have done just that. let's bring in cynthia oxny, former federal prosecutor in the civil rights division of the justice department. hey, cynthia. so the last time roger stone refused to tell the truth about donald trump during the russia probe he had his sentence commuted. so what's the angle now? stone and the others taking the fifth, are they just hoping to run out the clock until after the mid-terms? >> well, i think it's smart. it's almost checkmate in a way because the prosecutors can't really do anything. once he takes the fifth, he doesn't have to testify and we're not going to get the information. if meadows had been smart he would have not turned over documents early on, would have taken the fifth with some combination of executive privilege. same thing with bannon, if he had taken the fifth he wouldn't have been indicted. anybody can take the fifth if they reasonably believe what they say may tend to incriminate them, and then the prosecutors are stuck with that answer. it was a smart thing to do. i can't believe more people didn't do it and didn't do it sooner. >> alex jones meantime is the latest person to have his subpoenaed deposition postponed. he was due to talk to the committee tomorrow. is the committee being too lenient? do they need to keep things moving? do they need to put pressure on? >> they definitely need to keep pressure on. this whole business about i'm cooperating, i have to say i don't really have much faith in that. but they seem to be doing a pretty good job. and i think we can trust them in this process. >> you know, the longest sentence so far was handed down today in january 6th. now, this is a guy and he was -- he seemed very remorseful. he said he was ashamed when he took a fire extinguisher to people at the capitol. is this something -- let me just read for you what the judge said because i think it's telling. it has to be made clear that trying to violently overthrow the government, trying to stop the peaceful transition of power and assaulting law enforcement officers in that effort is going to be met with absolutely certain punishment. will this have an impact on any upcoming cases? might other people decide they want to cooperate or plead? does it have any impact when you see a sentence like that? >> i think it does. now, remember he didn't just do the fire extinguisher, he threw the fire extinguisher, threw a metal pole like a spear. he used the fire extinguisher with all the spray on the officers, then he pled guilty, and then he lied about it and tried to claim it was self-defense in some kind of a post. so he not only assaulted the officers but he also kind of tricked the court and then lied about it, and he paid dearly for it. >> i just want to ask you one more thing going back to the 1/6 committee what mow might be looking for. "the new york times" is apparently going to do a deeper dive by hiring some people to look into social media. what are you looking for that we maybe haven't seen yet from the january 6th commission? >> well, i just think they're slowly moving up -- they're slowly moving up the witness count. i'll tell you one thing i'm very worried about, and that is this drum beat and pressure for them to give some of these people immunity. and i just think you have to be really careful with that. if you give a witness in a congressional hearing immunity you're basically making it impossible for prosecutors to prosecute them down the line. and that all came out of the oliver north case. it's a little bit complicated. but ultimately just so the aviewers know anybody who gets immune tay is not going to be prosecuted criminally later. i think that's a big problem. and the other thing i'm really worried about while we're bearing our soul i'm just afraid -- is not going to do anything. >> i'm sorry, who's not going to do anything? >> garland. >> oh, garland, merrick garland. >> i don't think there's any investigation going on. there's no evidence of a grand jury, no evidence witnesses are being called in. and i'm afraid that -- i mean, he seems like a very decent, honorable guy. he's very good on voting rights, but he's ultimately an appellate judge. and what we have an an appellate judge who's accustomed to a lot of caution and afraid to get in the political fray. and right now we need that. we need somebody who's willing to put the justice department -- you know, put the pedal to the medal with the justice department and get serious about a grand jury investigation. and i think we're going to have to start to admit to ourselves he's not going to do that. >> a lot of people keeping their eyes on that to see what he'll do. thank you for being with us. and coming up, the comeback a lot of people were convinced might never take place, when "the 11th hour" continues. might never take place, when "the 11th hour" continues. that's why, in difficult times, we provided one hundred and fifty million meals to feeding america. and now through the subaru share the love event, we're helping even more. by the end of this year, subaru will have donated over two hundred and twenty five million dollars to charity. this is what it means to be more than a car company. this is what it means to be subaru. people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. what does a foster kid need from you? 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we're on it. we're on it. with jardiance. ask your doctor about jardiance. the last thing before we go tonight is a moment 60 years in the making. president biden was a commencement speaker this morning at south carolina state university's graduation ceremony. the school is the hbcu alma mater of representative jim clyburn who graduated back in 1961. there were no december graduation ceremonies held back then, so instead clyburn could only receive his diploma in the mail. but today the 81-year-old congressman who many credit for reviving the then struggling biden presidential campaign, finally got the chance to walk across the stage and be handed his diploma. >> bachelor of science, history, james e. happy to have you here. it was may, 2019 when michael cohen was ordered to report to prison. mr. cohen of course had worked for years for donald trump at his real estate business. when mr. trump turned to politics, mr. cohen became this very visible surrogate and enforcer for trump, after mr. cohen pled guilty to, among other things, helping cover up illegal campaign contributions for his presidential campa

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