and he wouldn't turnovers cards but it felt like he knew something we did not know. and i think he did, on a bunch of things. on how they could get infrastructure done and other things. but tonight, he just kind of admitted, nope, i don't know anything more about manchin and sinema then you know publicly about where they are in voting rights. >> lawrence, what did you think of him saying that between now and mlk day, with just two weeks from now. that there will be a vote. there will be action in the senate on changing the rules so that voting rights can be approved with the majority vote. i was surprised to see him put a date on it. to say that this is the date by which we are going to do it. what do you make of that strategically? well, he essentially said something similar earlier in december that would be early january. all he is saying is that he now knows is that he is going to have a vote. and he doesn't know if he's going to wind up out. but he is going to go to the senate floor for a vote. and he might lose that vote. but he is no longer going to be taking the heat about, you know, leader schumer wire into doing something. he is going to bring it up there. and he's going to show you what the problem is. and that just might beat those two senators who enjoy's. >> well imagine being kyrsten sinema. imagine being kristen sinema knowing that the vote is coming and knowing that in the history of voting rights it will be extra filibusters were in the history of civil rights and voting rights the protection of the democracy. that you will go down in history as the one who laid down and said, no, we cannot have these protections. americans do not deserve these protections of our democracy. to put yourself in that section of the history books. knowing that that book is coming. what somebody's got to be proud to stand that way until live that way in history. but i don't know how you get there. i don't know how your joe manchin or kyrsten sinema and you live with that. >> well, rachel, exactly the way you phrase that is why one of the reason in the past which i would say before the 21st century, senate majority leaders used to bring bills to the floor. important ones. without necessarily knowing that they had the votes to win. because one thing that they were bringing to the floor with them was the historical imperative on their side. and moral imperative on their side. and they believed that that could push just the right number of votes. in this world, the present tense united states senate, i just don't know with that is worth. >> i mean, had this come up in the normal course. had this been any kind of policy bill. any kind of spending bill. i think that you can count on history sort of steam rolling over it with time. it is just that this voting right, the january 6th attack last, year the clear and present danger to the very fundamentals of american democracy, the example of what is happening in all of the, states and the yearlong fight about whether or not democratic going to do something about it, the spotlight will not only burn hot for the entire time that this is a life issue. but the spotlight will burn a hole in personal history as in careers. this will never go away. and to know now with that two-week arising, which i think it's fascinating what's schumer give us that day, to know that this history that your first line of butchery is going to be written around -- or you're going to be on the right side of. it again, i don't know how you make the alternative decision again. >> it is going to be an intense two weeks. >> yes, indeed, thanks lawrence. >> thank you rachel. well the house select committee investigating the attack on the capital is going to tell us some things that we already know. but the committee is going to add very important facts to what we already know. we already know that donald trump did nothing while his supporters were attacking the capitol right after he told them to go to the capitol and fight like hell. thanks to the january six committee we now know that donald trump, and what donald trump was doing during the worst of the attack. >> the committee has firsthand testimony now that he was sitting in the dining room next to the oval office watching the attack on television. as the assault on the capitol occurred. we know, as he was sitting there in the dining room next to the oval office, members of his staff were pleading with him to go on television to tell people to stop. we know leader mccarthy was pleading with him to do that. we know members of his family, we know his daughter, we have four centers to money that is daughter, of ankara, when in it least twice to ask him to please stop this violence. >> we always knew that the house republican leader, kevin mccarthy, was finding the creation of this committee because, among other, things he was afraid of what it would reveal about him. we now know, after congresswoman liz cheney said that yesterday, that kevin mccarthy was pleading with donald trump to go on television and tell the people who he said up to the capitol. to lead the capitol. to stop committing the crimes that they were committing. to stop trying to kill police officers. and because kevin mccarthy is the leader of the most perverse version of the republican party that has ever existed, kevin mccarthy is now ashamed of having told donald trump, on january six, two for one's do the right thing. we former federal prosecutor, conservative a castle for the house during donald trump's first impeachment, today tweeted quote, first him one equals admissible evidence in court. anonymous sources to media equals inadmissible. while the january six committee is not preparing a case for court, the same concept applies. so this is important testimony to show what trump is doing every minute of the day. yesterday, german betty thompson described the 187 minutes of donald trump of doing nothing. >> well, you know it's about 187 minutes that we have now determined he was in the white house. we have determined that there was a number of people who made attempts to contact him through his seats of stuff. some of those text messages that we shared on our presentation of the contempt citation for mark meadows. we also have information of other innovations who make calls trying to get some semblance of response out of the white house. but for that 187 minutes, nothing happened. we do know now that several videos were made. we don't have them yet. before the right one was released we requested it from the national archives, that in all of their information. >> that means, when the committee turns to televised hearings, possibly this month, america is going to not just see the video that donald trump finally released that day telling the attackers on the capitol that he loved them. but all of the other versions of the video that donald trump performed. and that someone in the white house decided that no one should ever see. here is chairman tom's son yesterday about whether donald trump's conduct that they might warrant a criminal referral to the justice department. >> do you think that lack of action on january six may actually warrant a criminal referral well >>, the only thing that i can say is highly unusual for anyone in charge of anything to watch what is going on and do nothing. >> is a criminal? >> well we don't know. we are in the process of trying to get all of the information. but i can say, if there is anything that we come all as a committee. we think that it would warrant a referral to the department of justice, if we would do that. >> he has already been prosecuted and convicted on federal criminal charges and served a prison sentence for corrupt activity while he was serving as rudy giuliani's children new york city police commissioner. political now reports that bernard kerik has turned over to the committee a trove of documents detailing the trump team's efforts to manufacture documents. eric's -- sorry kerik's lawyer also said that he is refusing to hand over documents. according to politico, among the withhold of documents there is one title draft letter from potus to seize evidence in the interest of national security for the 2020 elections. the fellow originated on december 17th, a day before trump huddled in the oval office with advisers including former lieutenant general michael flynn, where they discuss the option of seizing election equipments in states whose results trump's was attempting to overturn. leading off our discussion tonight, is congressman. he served as an impeachment manager in the second senate impeachment trial of donald trump. congressman, thank you very much for joining us tonight. it seems that the january six committee is covering ground that you covered a year ago. in that impeachment investigation which they seem to have now developed a much more detailed evidence base then you are able to -- including exactly where donald trump was in those 187 minutes and when he was not doing. >> yes, lawrence there is no question that we laid before the jury that is the seven, incitement of the insurrection his promotion on this lie that the election had been stolen from him. his promotion of the stop the steal event to the january 6th insurrection. his speech on the lips where he encouraged people to go to the capitol to fight. and all of that evidence, and then a tweet where he, said the people pull hate this way the election was stolen away from them. so was set very clear to us that you would have to be living under a rock, not to have known what was happening at the capitol for three hours. a bloody violent attack on the capitol. we knew that we introduce that evidence the conversation that you have with kevin mccarthy which kevin mccarthy was pleading for help and telling the president, you have to stop your supporters. and he said, well, kevin, they're obviously more upset with the election results than you are. that was introduced before the senate during the impeachment trial. but there should be no surprise to anyone. donald trump incited this insurrection, he wanted it to happen, he will want the electoral contests to stop. and he sat in the office and watch disputes alike -- as 150 officers were hurt, five people dying as a result of that day, and the president of the united states, despite the fact that his own family members and others were pleading with him to intervene, he sat back and watched it. because what was happening was exactly what he wanted to have been. he wanted to disrupt the peaceful transfer of power and stay in office and not have the election results certified. and how much planning when into it was astonishing. there were memos and power points. this wasn't just a crowd of enthusiastic supporters who went overboard, this was a planned event that was financed, planned, and executed in an effort to stop the peaceful transfer of power in our country. and everyone, republicans, democrats, and independents should be deeply concerned about these events. >> the new york times yesterday, said that every day is january six. we meaning that this fight that we saw on january six is being conducted in different ways by republicans state legislatures around the country changing, not just voting accessibilities for voters but how votes might be counted. how the count of votes might be changed. let's listen to this extraordinary moment, earlier tonight with joy reed and chuck schumer on the situation in the state of voting rights in the united states senate and what we don't know about the thoughts of two senators about that. let's listen to this. i >> can you tell us any evidence that manchin or sinema has given, publicly or to you, that they care more about voting rights and the democracy continuing about the filibuster. because i haven't seen any evidence that they actually have more support for voting rights. >> but i can tell you is that they have made even public statements that particularly manchin said that he wants to get voting rights done and wants to figure out a way to -- >> why should we believe that? they haven't taken any action. >> well, we have to keep pressing them and pressing them until they do. there's too much at risk. if obviously they were saying yes to us, we wouldn't have to worry about this. i can't tell you that they publicly said anything. you know they have, and i know they haven't. but there is lots of things that were pushing hard on. i don't want to be pollinate this year. this is an uphill fight. but it is too important to give up. on >> right. >> so congressman david cicilline, that is the majority leader saying, as of tonight, we don't have those two votes to change the senate rule. to allow a vote on voting rights. >> yes. it cannot be the case that two senators care more deeply about preserving senate provision then preserving our democracy. because they're preserve a filibuster and what kind of country. and we have to continue demand that they passed the voting rights act before the people. so that we can preserve the right of people expecting to vote, to have their vote counted. this is a cornerstone of our democracy. and we just have to keep the pressure on. it is just not acceptable to say, well, we just can't do that because we have this thing called the filibuster which is a jim crow relic that so the congress on civil rights that we are going to somehow allow that to prevent passage of the voting rights bill. we just can't allow it to happen. and we have to make certain that everyone in the united states senate understands that. and that we persuade all the democrats to support a reform on an abolition for the filibuster so that we can pass voting rights act and protect the right of the people in this country to vote. and to also have their vote counted. it's going to be a hard thing to explain to your children and grandchildren. i stood up to the filibuster, but we wanted to make sure that it was easy for people to have their vote and to have their vote counted. no one whatsapp that conversation, so we have to persuade our colleagues to pass the voting rights act. >> congressman david cicilline, thank you very much for starting off our discussion for this year and tonight. thank you very much. >> thank you. >> and our next guest, telling the story about what happened between november 3rd and january six in the new book, the steal. the attempt to overturn the 2020 election and the people who stopped it. the book says, from the day he entered public life, trump had chipped away at the vote, that cornerstone. he chipped away at trust in elections. and when he lost, he mobilized that distrust to try and stay in power. this failed, stopped by the integrity of hundreds of obscured americans from every walk of life, state and local officials, judges, an election workers. many of them were republicans. some were trump supporters. they saw the steel for what it was, a fraud on the united states of america. and joining us now is mark bowden and matthew teague the authors of the steal. the attempt to overturn the 2020 election and the people who stopped. it mark, let me begin with you. you were around the country and you allowed them to see everything but in the election day and january six and how did we know so far about the plugging in washington connect with or sink with would you phone happening out in the country? >> well, lawrence, i think that it was a desperate final act to a play that it been unfolding. actually before election day on november 3rd. what trump did, and giuliani, was sent teams of royal or,'s political organizers to the six swing states where the vote was close. and he made a popular assault where he organized people demonstrating a political assault to apply pressure to state legislators and local elected officials. and he did a legal salt with the attempted to frame a whole variety of allegations to the front. they filled in every single way. they felt politically. and they filled in every one of the court cases. so i think what trump did on january six was a neck of desperation which -- >> matthew we have the audiotape of donald trump's hour-long conversation with the secretary of state of georgia. in which is basically committing election fraud right on tape. what are the other kinds of instances that you found in other states that compared to that kind of interference of any? >> well, in terms county michigan springs to mind. which may sound a little obscure. but it is, in a way. it was unique. and it was the only place in the country where there was a discrepancy in the vote. the county clerk there wasn't, as she said, she wasn't technologically savvy person, and she accidentally shifted at least 3000 votes from biden to trump. and she is a trump supporter herself and may have shifted her own vote accidentally. when she realized what she had done, she immediately took ownership of it and said, i have made a terrible mistake. and within hours it was corrected. but it really didn't matter to trump and his team. they had private jets coming in during the night. they had people invading her office looking for information and evidence that just wasn't there in for some larger conspiracy. and to some extent, destroyed a life. turned her friends and neighbors against her. people who now regarded her as less than american and unpatriotic. >> mark, you tell the story of what they tried to do. you tell the story of how they felt. given the changes that have occurred thanks to some republican state legislatures, will they felt the next time? >> well, i am optimistic that they will, lawrence. even though some of these changes are appalling. the truth is that the american people are not as dishonest as donald trump would like them to be. and as we see in the story, local officials who run the election in this country, we don't have a federal agency that supervises elections. while elections are held in every county, in every state, all over america. and they are run by your neighbor's, and my neighbors. and the truth is, we found that looking at this effort in 2020 was that most local officials, republicans and democrats are determined to run an honest and fair election. and they refused to be controlled in the lying and taking it back. so that gives me hope. i think that it is a party to desperate to hang on to power by gerrymandering and trying to stop the election committee states as a desperate party that is not going to survive for very long because i don't think that is how politics work in america. and it shouldn't. >> mark bowden and matthew teague, thank you very much for joining us tonight. their new book is the steal: the attempt to overturn the 2020 election and the people who stopped it". coming up, new york attorney general, letitia james, investigation where trump organization has now subpoena donald trump, donald trump jr., and ivanka trump. neil cocktail, and tim bryan will join us next. but bu i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. kim is now demonstrating her congestion. one gram of sugar, save it slimeball. i've upgraded to mucinex. we still have 12 hours to australia. mucinex lasts 12 hours, so i'm good. now move! kim, no! mucinex lasts 3x longer for 12 hours. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. ♪♪ for skin that never holds you back. don't settle for silver. #1 for diabetic dry skin #1 for psoriasis symptom relief and #1 for eczema symptom relief. gold bond. champion your skin. when you have xfinity xfi, you have peace of mind gold bond. built in at no extra cost. advanced security helps keep your family protected online. pause wifi whenever for ultimate control with the xfinity app. and family-safe browsing gives parents one less thing to worry about. security, control and peace of mind. with xfinity xfi, it's all built in at no extra cost. how not to be a hero: because that's the last thing they need you to be. you don't have to save the day. you just have to navigate the world so that a foster child isn't doing it solo. you just have to stand up for a kid who isn't fluent in bureaucracy, or maybe not in their own emotions. so show up, however you can, in a new york judges order for the foster kids who need it most— at helpfosterchildren.com issued today, it was revealed publicly for the first time that new york attorney general, letitia james, quote, recently issued subpoenas to donald j trump, ivanka trump, and donald trump jr. for testimony and documents in connection with an investigation into the evaluation of profit these old are controlled by donald j trump or the trump organization, or any matter which the attorney general deems pertinent. the judges order specifies exactly when the trump family members and the attorney generals office must file the written arguments on the enforcement of those subpoenas. trump family members are trying to block the subpoenas in the statement, the new york attorney generals office said, as her investigations into financial dealings of the trump organization continues, attorney general james is seeking interviews under oath of donald trump, donald trump jr., and ivanka trump. despite numerous attempts to delay our investigation by the trump organization, we are confident that our questions will be answered and the truth will be uncovered because no one is above the law. and joining our discussion now is tim o'brien, he is the author of the book trump nation. also we have neal katyal, former msnbc contributor. and neil, first to you, when you read that judges order today outlining the argument sequence on dealing with the subpoenas, what is your sense of where the enforceability of the subpoenas are headed? >> these subpoenas are going to be enforced. today's revelation i think are significant because what the show is that the new york attorney general, lawrence, is seeking information both the books about the accounting and answers to questions. and to get that information under or, which is of course why trump and his kids are resisting that so much. but the trump books appeared quite honestly like more cooked than a trump steak at his hotel. the washington post reported that it had 40 wall street, one of his buildings, he evaluated the 527 million when he was talking to lenders. but a 16 point $7 million when he is talking about property tax officials. and, this is really significant. this is basically theft against our taxpayers. and it says if the trump and his kids went into the new york treasury and went and walked out with millions of dollars because that is essentially what they deprived. it is kind of like a scene from money heist or something like that. it is like these kids and the dad took the money. and that is what the investigation is all about. it's a serious thing. new york makes it a felony to act this way and to pump something up to lenders and to reported to the tax folks. and that is what the evidence appears to show, that is what the investigation is needed for. >> tim bryan, you are such a valuable guest on nights like this. because you're one of the few people who have ever gotten illegal look inside the trump business world. and donald trump made the mistake of suing you when you wrote that he was not as rich as he claimed to be. and so you have a feeling for about the attorney general is going to be discovering when her subpoena is enforced, asked by the, way your subpoenas were enforced against donald trump in the civil law school that you're engaged in, which she won. >> what's she is going to fine, lawrence, and i think that they've already gotten very good glimmers of this. there are decades of problems like this. it's that fred trump talked all know how to do this. and i'm assuming donald told his children how to do this. and they're not all getting swept up merely into this. i think we expected this to arrive at the children's doorstep. but now we know it was definitely [inaudible] i think laetitia's james investigation is less consequence ill ultimately for them in that the da's investigation is a criminal investigation. but those two offices are sharing information with one another. anything that they say in this investigation under oath and i need evidence that she collects will also be shared with the manhattan district attorney's office. their lawyer, has gone out of his way to conflate these two investigation at being joined at the hip. in which they are not. they are in collaboration. the other thing to remember is that the lawyer made his bones in organized crime families. he is right at home defending the trump family in this matter. and i think what they're doing now is pulling out all the stops to try to block the legal and judiciary machinery from moving forward. they are not going to be successful. they have thrown one hamill re-pass after another. and they are finding increasingly laughable and we grounds for doing so. the subpoenas will be enforced. the children are going to testify, donald trump is going to testify. and we'll see what happens. >> neil, one of the similarities to crime family prosecutions is that the targeted defendants in the mob trials, they'll never cooperate. they'll never testify. but people around them do. >> that is exactly right, so ordinary people would testify when you've got a subpoena, that is what you do. and certainly if you're a government official, or former government official, of course you testify under oath. i want trump and his tickets have done is take a page out of the organized crime, book is right this lawsuit which tries to prevent the subpoena from being in force, and i read the trump papers and they're frankly about as persuasive as john they eastman legal man. they are a joke. they're frivolous and you know i suspect the court will see that soon, and i completely agree with what tim just said a moment ago. the subpoenas are going to be in force. thank you both for joining us tonight. really appreciate it. >> thank you. >> coming up, donald trump plans to present his first big challenge to the american news media this year, on january 6th. what journalism professor joey rosen will tell us how -- to handle that trump challenge. that is next. that is next our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different. at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. new vicks convenience pack. vanguard. dayquil severe for you... and daily vicks super c for me. vicks super c is a daily supplement with vitamin c and b vitamins to help energize and replenish. dayquil severe is a max strength daytime, coughing, power through your day, medicine. new from vicks. ♪ got my hair ♪ ♪ got my head ♪ ♪ got my brains ♪ ♪ got my ears ♪ ♪ got my heart ♪ ♪ got my soul ♪ ♪ got my mouth ♪ ♪ i got life ♪ ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th with clean, fresh ingredients, ♪ liberty. liberty. liberty. liberty. ♪ panera's new chicken sausage and pepperoni flatbread is a mouthwatering explosion of yes. craft? yes! heartiness? yes! living life to the flavor-fullest? heck yes. panera. live your yes. now $1 delivery. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. earn about covid-19,h hiv, keep loving who you are. the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. on january 6th which is the first of this week, house speaker -- donald trump is planning an hour or so of -- speaker pelosi is also planning a prayer vigil on the steps of the capital. and -- hundreds of donald trump supporters or climbing the capitol steps after donald trump told them to fight like hell. those were donald trump's exact words to that crowd. fight like hell. hundreds of them said they wanted to kill mike pence. several police officers believe the trump supporters were trying to kill them. president biden and vice president harris -- are going to speak on january six on the commemoration of the attack on the capital. to try and distract from what happened that day, donald trump has scheduled what he is falsely calling a press conference for 5 pm on january 6th. it will not be a press conference. it will be the rantings of a mad men, who clearly -- election fraud on tape on his phone call to georgia secretary of state, and maybe guilty of several other federal and state election crimes and was found guilty of, quote, inciting violence against a government of the united states by 57 senators in the second impeachment trial of donald trump. journalism professor -- has a proposal about how news organizations should deal with donald trump's performance scheduled for 5 pm on january 6th. no buildup, no countdown, no empty podium awaiting his arrival. do not carry it live. this information is too high. after it is over, sift for any genuine news and report. do not amplify, lies, distortions, they've all been fact checked already. -- joining us now is jay rosen and also with us is eugene robinson -- washington post he is an msnbc political analyst. eugene, how do you break professor rosen's recommendations for the coverage of january 6th? >> well, first of all, lawrence, happy new year to you, and happy new year to mr. rosen who -- prescription for covering freak show and -- we -- no big buildup and if there is genuine news main then you can boil that down and say this or that or the other. not necessarily broadcast clips of his rantings and -- if indeed they are the rantings that we have heard before. he is a former president. on the other side of what happened on a split screen, we have the government of the united states marking this tragic anniversary and as democratic leadership speaker of the house joe biden's president, kamala harris, this country marking a awful day in the life of our country. that is what we cover. donald trump -- like the -- sideshow he is. >> professor rosen, for -- previous to donald trump, the notion was that pretty much everything your president says's news, or is newsworthy. if it isn't something you that haven't heard before, it might still new been ooze worthy. how would you define the news if you are watching donald trump perform, if you are the producers in the control room somewhere assigned to watch donald trump reform at 5 pm? what is news? >> well, if he says something americans need to know in order for them to -- be part of the system of democracy and make intelligent decisions. then that may be one way. but it's good that you ask that, lawrence, because that tendency to see whatever the president says as news, was a way a subtle way at first, that journalist relinquish their independence. that image of the camera waiting for -- trump to come on stage, trump 2016, where the words of -- may not be good for america but it is good for cbs. that is not a proud moment in american broadcasting and journalism. as we get closer to the anniversary of january 6th, people in the media have to be clear with themselves and with one another. donald trump does not have any right to the nations airways, to its newspapers, to his cable channels. the first amendment says that publishers, owners, editors, producers, they have the right to select what is news. that is why legally in 1959, freedom of the press belongs to those who own one. so january 6th is an opportunity for people in the media to show that they own the press, and the first amendment says they have the right to put on what they think is important. that impeach tea stage as well as -- something the opposite that we are kind of forced to platform this man. now we see the cross of that decision and with january 6th we see an opportunity to reverse that and see a different side of american journalism. >> and, eugene, one of the performances as a performer that donald trump into his challenger which would be -- let's give donald trump to challenge right now, the challenge of him saying something on january six that i will actually replay or quote at 10 pm, for him to get over that hurdle, it would have to be something he hasn't said before. his act is actually quite tired and repetitive at this point. >> exactly, how many times have we heard it, lawrence, we have heard it hundreds of times so it is not news. it is all -- it's not the definition of news it is not something new i'm sorry, i was wrong, i'm giving away the rest of my money to charity and retiring from public life. that would be news. but that is not going to happen here. we all know it is not going to happen. and guess what, what the president says maybe news, but he's not the president. he's not the president anymore. that role doesn't even come into play. >> we will have to leave it there. >> and donald if you are watching, i don't want you to say something you haven't said before it actually has to be important and something you haven't said before. i don't think he will meet that challenge. we have to leave it there, i'm sorry, professor jay rosen, eugene, thank you very much for joining us. tonight we really appreciate. it >> coming up we will be joined by -- infection rate continues to skyrocket and hospitals are crowded with covid patients once again. that is next. that is next unlike other cold medicines, coricidin provides powerful cold relief without raising your blood pressure be there for life's best moments with coricidin. now in sugar free liquid. ♪♪ gravity. it's a force to be reckoned with. no one knows better than we do. but without gravity, you can't have lift. the very thing that holds you down is the very thing that helps you rise above. thanks to gravity, the real force to be reckoned with just might be you. ♪♪ feeling sluggish or weighed down? it could be a sign that your digestive system isn't working at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic metamucil. support your daily digestive health. and try metamucil fiber thins. a great tasting and easy way to start your day. i've always been running. to meetings. errands. now i'm running for me. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com ♪ ♪ just two pills for all day pain relief. live your dreams today. aleve it, and see what's possible. and also try alevex topical pain relief. when you have so many cases, even if the rate of hospitalization is lower with omicron, then it is with delta. there is still the danger that you are going to have a surging of hospitalization that might stress the health care system. so it's kind of like a very interesting, somewhat complicated issue. where you have a virus that might actually be less severe in passage. but so many people are getting infected that the net amount, the total amount of people that would require hospitalization might be up. >> coronavirus, hospitalization across the country is up 37% in the last two weeks. joining us now is, pulitzer prize-winning global and msnbc science contributor. laurie garrett, let's speak to the fully vaccinated. the people who have gotten the two shots. what should we be doing now? how should we be handling our lives day-to-day with this omicron threat. >> i think that the big thing, lawrence, is that we now know that omicron is a master debater of the immune system. which means that there's a lot of breakthrough infections. we may be vaccinated but you could still get infected. and perhaps even more importantly if you are fully vaccinated it is highly unlikely that you would get seriously ill. i have many friends get sick with omicron who are fully vaccinated and they all have pretty basically bad colds. but, the real problem is that you can be fully vaccinated, not even have any symptoms but you can be a carrier who can pass virus to others. and that puts the burden on you to just keep on wearing that mask. keep on taking precautions. not as much to protect yourself but as to protect those you love and those around you. >> i have been taking the precautions now that i was taking before the vaccinations existed. is that where we are now? >> well you know there is a lot of maybe, this ifs, butts, etc. and trying to answer your question, one of the real problems we have now is that we don't have any reliable numbers. not many people are -- because of several things. first of all there's been a huge surge in people getting home tested. which means that that data is just private data that only they know. and it doesn't go to any database. so that means that every day we are probably missing in america, anywhere from 100 to 200,000 positive cases that are just never going into the system. secondly there are a lot of people who are having very mild infections. and they don't feel particularly sick. they may test positive on a home test, but they don't feel sick enough to get a pcr test. again, they are not in the system. and so we are averaging 400,000 reported cases a day now. it is probably significantly more than that. and then there's one more factor to throw into the mess here, and that is omicron has hit hard among health care workers. particularly those who are not fully vaccinated. plus you had the holidays, you put those two together and that means a lot of people are crunching these numbers for us. so if i can answer your questions they have not been on the job and that means that all the numbers are getting cranked out much more slowly through the entire system from an individual clinic somewhere in the middle of kansas all the way to a cdc database. >> laurie garrett, thank you very much for joining us once again on. this will be talking to you soon. i'm sorry to say, but we will be. thank you laurie garrett. >> thank you lawrence. and tonight's last word, is next. word, i next matching your job description. visit indeed.com/hire okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ hey lily, i need a new wireless plan for my business, but all my employees need something different. oh, we can help with that. okay, imagine this. your mover, rob, he's on the scene and needs a plan with a mobile hotspot. we cut to downtown, your sales rep lisa has to send some files, like asap! so basically i can pick the right plan for each employee. yeah i should've just led with that. with at&t business. you can pick the best plan for each employee and get the best deals on every smart phone. [music: sung by craig robinson] you can pick the best plan for each employee ♪ i'm a ganiac, ganiac, check my drawers ♪ [sfx: sniffs / long exhale] ♪ and my clothes smell so much fresher than before ♪ ♪ yeah, yeah ♪ ♪ i'm a ganiac, ganiac, check my drawers ♪ ♪ it's a freshness like i've never smelled before ♪ one sniff of gain flings and you'll be a gainiac too! the only detergent with oxiboost and febreze. nicorette knows, quitting smoking is freaking hard. you get advice like: try hypnosis... or... quit cold turkey. kidding me?! instead, start small. with nicorette. which can lead to something big. start stopping with nicorette when i break a long run, i'm talking long, long. that's why i use old spice triple protection sweat defense. [announcer] there he goes. old spice works harder for longer. hey derrick man, you gonna be much longer? it's gonna be a minute, minute. hey derrick, quit playin'. derrick! and there you have it. woah. wireless on the most reliable network nationwide. wow. big deal. we get unlimited for just 30 bucks. sweet, but mine has 5g included. relax people. my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one-upping itself. take the savings challenge at xfinitymobile.com/mysavings or visit an xfinity store to learn how our switch squad makes it easy to switch and save hundreds. one of my favorite december tweets is from milled the, i just showed my support for unicef and the children. 11 years. 11 desk. thank you for what you do for kids in malawi. in the 11 years since we began for partnership between msnbc and unicef to provide desk for schools in malawi and scholarships for girls to attend school in malawi. you and her have not contributed a total of $32,793,387. gary tweeted what's inspired by joy is to make a second annual donation on my daughters julian's name to fund a malawi girls education. thanks for sharing her progress, lawrence, and thank your holidays. and he tweeted, i bought a double decks for my daughter's christmas gift. she is a teacher and was really happy that our gift went to the girls in malawi. the kind fund, kids needs of desk is working. because you have made it your own. i always remind you about the k.i.n.d fund during the holiday season because you make a donation in the name of anyone for your holiday gift wish. and sentiment acknowledging of your give. but many of you would still be contributing even if i said nothing about it. during this holiday season you contributed a total of $2, 377, 711, leah tweeted that we have added desk giving to our christmas list for the past five or six years. you can contribute that to any at the website on the screen. you can also contributed at any time of the year. i can never thank you enough for your kindness and generosity. i wish that you could all have the experience of being in a malawi classroom when students take their seats at desk for the very first time in their lives and always. i mean always. spontaneously bursting into song enjoy and gratitude. ♪ ♪ ♪ the music of malawi gets tonight's last word. the 11th hour starts right now. good evening once again, day 349 of the biden administration, former president donald trump and his family are now facing new and escalating legal battles. just days before the nation marks one full year since his supporters carried out an attack on the u.s. capital, new york state attorney general letitia james has subpoenaed ivanka and donald trump jr. demanding testimony and documents in a civil investigation into the trump organization's business practices attorney general james has also asked a court to enforce a subpoena for their father earlier today lawyers for -- follow motions to quash the subpoenas. now we should know that trump and his children have not been accused of any wrongdoing in this investigation and donald trump has called a politically motivated. this all comes as the house select committee investigating the insurrection appears to be zeroing in on the -- while the mob desecrated the capital complex. committee vice chair liz cheney was one of the two republican members on that committee says they have, quote, firsthand testimony now that he was sitting in the dining room next to the oval office watching the attack on television. we have firsthand testimony that his daughter ivanka