coordinator jeffrey zients says this is not a moment to panic. current vaccines appear to be effective against the new variant. >> our vaccines work against omicron, especially for people who get booster shots when they are 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 of the popular christmas spectacular in new york city because of breakthrough infections. but by tonight the rockettes announced 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 its vaccine in children 2 to under 5 years old after roachers 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 them 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 counterproductive 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 can 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 palmer's 63-month sentence is the longest yet for anyone charged in the 1/6 riot. with that let's bring in our leadoff guests on this friday night. jackie al many, political reporter for the "washington post" and the author of the paper's morning newsletter "the early 202." jeremy bash, former chief of staff at the cia and the pentagon. and dr. bertuza akter, emergency physician at the university of 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 there from 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. if everybody's vaccinated and you're 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 okay. there are places where you can be guaranteed of that is my experience. >> so talk about where you are. describe what you're seeing 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 just handle covid cases when the covid cases come in, god forbid you're in a car accident or have the very american problem of being shot or you come down with some other cause or you have appendicitis or have a heart attack. if there are no beds available because there's 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 in to work. it all sort of dominos. jeremy, i want to talk about the other big story tonight, the 1-6 investigation. busy week for the committee with the mark meadows contempt vote. what are your take-aways with everything we've learned so far? >> yeah, chris, 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 investigators' 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 former 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 were sort of these peripheral buyers, and more likely be people like mark meadows, johnny mcentee, 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, i'm quite sure, chris, that the committee's already analyzing social media because of course much of the january 6th events were planned there. but i think the foreign interference piece is very interesting. you know, up until now we've sort of regarded this as mainly a domestic terrorist incident. although there were neo-nazis, fascists, anti-semites and racists 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. >> and of course, jackie, washington is shifting into holiday and recess mode, but what should we be looking at from democrats in these waning days of 2021, 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 it was going to become -- 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 of the joe manchin roadblock they pivoted to voting rights as a sort of distraction, deflection tactic. they already have various bills drafted. joe manchin was warming to some of these rules changes. you had people, moderate democrats like mark 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 be able to go home to 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 are 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 not 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 these covid cases on the rise. people have had it. they don't want to be thinking about 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 minor victory. but remember, 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 fully 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 or 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. so if you're going to be interacting with people, which most want to do, especially with the holidays, you have to be vaccinated. >> dr. murtaza akhter, thank you. jackie alemany, jeremy bash, 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. every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities. we're watching the investigation that's occurring over in the house, reading about it like everyone else, and it'll be interesting to see what facts they find. it was a horrendous event, and i think that what they're seeking to find out is something the public needs to know. >> that's quite a turn for the senate minority leader. seven months ago mitch mcconnell struck a dramatically different tone over the creation of a 1/6 commission. >> i've made the decision to oppose the house democrats' slanted and unbalanced proposal for another commission to study the events of january the 6th. >> it's not at all clear what new facts or additional investigation yet another commission could actually lay on top of existing efforts by law enforcement and congress. >> back with us tonight, don callaway, democratic strategist and founder of the national voter protection action fund. and tim miller, a contributor to the bulwark, and former communications director for jeb bush. good to see you, guys. so tim, let's remind our viewers what mitch mcconnell said back in february. let's listen. >> january 6th was a disgrace. american citizens attacked their own government. there's no question, none, that president trump is practically and morally responsible for provoking the events of the day. no question about it. >> and now, tim, mcconnell seems to be all for uncovering what caused that riot. what's going on? >> well, chris, first i see the jackson state sweatshirt don's wearing. it's i big recruiting week for them at jackson state this week. very timely. here's what's going on with mcconnell. if mcconnell over the christmas break stumbled upon a magic lamp and a 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 stephen 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 that 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 has resulted in firm pledges from just two republican candidates and no senators, and 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 vise 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 actual machinations in terms of senate procedure in the senate republican 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 let him dictate what they do 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. >> tim, i also want to ask you about the congressional report today that concluded the trump administration engaged in deliberate efforts to undermine the pandemic response, silencing top public health experts including a senior cdc official. here's how former cdc director robert redfield responded to the report. >> i think nancy messonnier is really an important, enormous public figure, done 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 after 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, chris, is that little bit of truth broke through over at fox. we were covering at the bulwark the silencing of nancy messonnier 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 how his friend chairman xi has things under control over there in china. so you know, look, olivia troye came -- left the president's covid 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 troye 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 adults have concluded covid will always be with us. it's something our kids and grandkids will know about. granted, it may not always be a deadly pandemic and we will get to i aplace where we'll learn to manage the various 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 on donald trump because of 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 the way he consistently sowed the seeds of distrust among authority. but this distrust in our institutions, this distrust that 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. it started long before covid. but it certainly extended and it manifested itself in the worst sense with his covid response. >> and i have to ask you, don, to tim's sartorial point, the jackson state shirt tonight, is that chosen the way i choose my clothes, which is what's at the 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. we're in the swac. but we're so proud of coach prime because what he's doing is laying the roots for fundamentally flipping the balance of hbcu college football power, tipping it toward us for once in an opportunity. and away from the power grip that the big five has had over the ncaa. so very excited for everything coach prime is doing and we wish him luck in the celebration bowl tomorrow. >> 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. inues. o knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. ♪ after a night like this, no parabens, dyes, or fragrances. crest has you covered. crest, the official toothpaste of santa. follow us @crest to celebrate the 12 days of crest smiles. i've been telling everyone... the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. crest. the #1 toothpaste brand in america. i was injured in a car crash. i had no idea how much crestmy case was worth.e brand in america. i called the barnes firm. when a truck hit my son, i had so many questions about his case. i called the barnes firm. it was the best call i could've made. your case is often worth more than insuran call the barnes firm to find out i could've made. what your case could be worth. we will help get you the best result possible. ♪ the barnes firm, injury attorneys ♪ call one eight hundred,est resul eight million ♪ 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 calendar 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 calendar 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 type of of stuff in the election year for fear of electoral ramifications. so i fear that if you don't get it done this year you don't get it done at all. but it kind of goes back to where were democrats and this administration's priorities from the very beginning? without voting rights there is none of the other stuff that matters. there's no action on climate change, there's no action on gun control. there's no action on paid family medical leave and a humanitarian infrastructure package. 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 voter-suppressive activity. >> actually, tim, last night we talked about your latest column in the bulwark. the headline of it says, "joe manchin is the only thing standing between america and senator cletus von ivermectin in 2024." you go on to write, "in this political environment the existence of a democratic senator in west virginia is just a notch below loaves and fishes. 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." 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 internessine fighting and intraparty pressure on sinema 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 we use to wedge some republicans to try to get them to vote for our agenda? because right now while all this pressure's on sinema and manchin there are 50 republicans who are just sitting back in their la-z-boy smoking their pipes, not worried about everything. there's no pressure on marco rubio, who has an election next year, to vote for extending the child tax credit -- >> but you know florida. can you put pressure on marco rubio? >> yeah, look, if you look at these agenda items inside bbb, if you take it away from having this huge package and make is it a smaller package, i'm just pulling this out of the air, but for example, we're going to tax people over $500,000 a year in order to pay for that we're going to pay for universal pre-k for everybody in florida. that might something popular enough you put some pressure on marco, he has to listen to advocates who are coming to his office and say we want this. if you look back at obamacare, how did the democrats pressure republicans on obamacare? medicaid. medicaid expansion was really important. republicans 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 some ones i want to wrestle with for a second here, tim. first of all, you're correct the entire republican caucus should have the moral burden on its shoulders just as much as joe manchin 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. if you look at joe manchin, i don't care what joe biden got as far as his presidential performance in west virginia. this is about the call of leadership. what does joe manchin want to do, protect his own seat or does he want to 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 for going with a basic centrist democratic agenda. joe manchin was elected governor. he's been in the private sector, the public sector. his family is known in that state. 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 liberal 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. fantastic stuff. 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. knows how to handle dry weather... ...and dry, cracked skin. new gold bond advanced healing ointment. restore healthy skin, with no sticky feeling. gold bond. champion your skin. do you struggle to fall asleep and stay asleep? qunol sleep formula combines 5 key nutrients with no sticky feeling. that can help you fall asleep faster, stay asleep longer, and wake up refreshed. the brand i trust is qunol. 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 defends 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 oxney, 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. and he probably would have never ended up indicted. 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. so 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 subpoenaed person to have his 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 that he saw 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 you might be looking for. "the new york times," for example, we talked about this a little earlier, 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 viewers know, anybody who gets immunity 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 garland's not going to do anything. >> i'm sorry, who's not going to do anything? >> i don't think garland -- >> oh, garland. merrick garland. >> yeah. i don't think there's any investigation going on. there's no evidence of a grand jury. there's no evidence that 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 is 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 metal 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 just not going to do it. >> a lot of people keeping their eyes on that to see what he'll do. cynthia alksne, 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. i was injured in a car crash. i had no idea how much my case was worth. i called the barnes firm. when a truck hit my son, i had so many questions about his case. i called the barnes firm. it was the best call i could've made. your case is often worth more than insuran call the barnes firm to find out i could've made. what your case could be worth. we will help get you the best result possible. ♪ the barnes firm, injury attorneys ♪ call one eight hundred,est resul eight million ♪ a lot of folks thought it couldn't be done, but this weekend less than a year after almost losing his leg in a car accident, tiger woods is back on a golf course playing in a family challenge tournament with his son, charlie. nbc news correspondent sam brock has our report from orlando. >> reporter: for all the magic and twists and turns that sports can bring -- >> a scene we thought we may never see again, tiger woods back in a tournament. >> reporter: -- tiger woods playing competitive golf ten months removed from a nearly fatal car accident that fractured his leg in multiple places is one few might have predicted. >> if you had asked me the past three months in the bed would i be here, i would have given you a different answer, but there were no days off. we worked every day. >> reporter: his miraculous return wasn't alone. woods playing with his sensational 12-year-old son charlie in the build-up to a weekend exhibition pairing champions and family member. though charlie looking every bit the champion. as they wrap up 18 holes today, it marks the first time tiger has played in public since these two teamed up here last year. the duo almost perfectly in sync during driving range warmups. tiger says he's still lacking some signature traits on his swing. >> it's just not as powerful. i just don't have the speed. >> reporter: tiger says he doesn't have the endurance to walk a full course or play at the tour level right now. but he did rip a 320-yard drive today like the old tiger. >> sam brock, thank you for that. rough assignment today. coming up, witnessing the ceremonial walk 60 years overdue, when "the 11th hour" continues. that can help you fall asleep faster, stay asleep longer, and wake up refreshed. the brand i trust is qunol. the last thing before we go tonight is a moment 60 years in the making. president biden was the 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. clyburn. [ cheers and applause ] summa magna congressional cum laude. >> and that is our broadcast for this friday night with our thanks for being with us. on behalf of all of my colleagues at the networks of nbc news, good night. finally get ahold of dad and he's like what's going on? elysse has been shot. >> i held her hand and said my lisa, my lisa. >> everyone's like do you want justice? do you want revenge? i just want the truth. >> lisa techal, newly married, pregnant, starting the career of her dreams. >> he always put everybody before herself. >> then one morning a single gun shot blast rocked the newly wed's home. a young husband out of his mind

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