happened a year and a day ago behind us, we still need to reckon with the events of that day and hold those responsible accountable. attorney general merrick garland vowed to take as long as it takes and whatever it takes. he is delivering. the department of justice charged more than 700 members of the trump mob and so far 75 sentenced and 36 receiving jail time including a north carolina woman who brought her 14-year-old son into the capitol on january 6. today virginia spencer was sentenced to 90 days in jail and 36 months probation. the judge said she did not believe spencer understood the significance of her participation and what it means for our democracy. the january 6 select committee is beginning to hold those responsible accountable making it clear that it is interested in speaking with former vice president mike pence but has yet to formally request his voluntary cooperation. the republican vice chair liz cheney acknowledged the committee is examining donald trump political exposure. yesterday a capitol police officer filed a lawsuit against trump arguing his provocative words and actions leading up to and on january 6, 2021 were likely to provoke violence in others and did in fact incite and provoke violence directed at her. part of it is punishing those responsible and also about voting out elected officials who support trump's lies and making sure other big lie supporters never hold elected office in the first place. the "washington post" reports at least 163 republicans who have embraced trump's false claims are rupping for state wide positions across the u.s. that would give them authority over the administration of elections. if you support the big lie you shouldn't get to hold elected office. where do we go from here and how do we build off of the work already that has been done? leading us off barbara lee and congressman, thank you very much for coming to the last word. tonight chairman thompson said the select committee could ask mike pence to appear before the committee this month. your thoughts should he? >> i think anyone that has information should provide it to the committee. that includes mike pence. it was targeted by supporters of the former president. they wanted to hang him. he had information about where he was and the threats he was facing. i think he absolutely should provide it. we also want to know if he communicated with the former president that day and what they discussed. >> congressman lee, you said january 6th focused you on passing voting rights legislation. why is that? >> thank you jonathan, nice to be with you and my colleague. we see what is taking place and what accommodated january 6th in the terms of the efforts of the insurrectionists who almost thwarted the peaceful transfer of power. it is extremely important we pass the john lewis voting rights act. what is taking place in terms of gerrymandering and elected officials who would not provide for access to our constitutional rights to vote and they are trying to subvert millions of peoples rights to vote. our democracy is at stake. i see what they are doing in terms of their move towards autoaccuratic government and the system that would not allow for the democratic democracy we all know so well. >> congressman lieu, we know the select committee hasn't ruled out a criminal referral against donald trump. what do you think are the next steps in the committee's investigation? >> let me say congresswoman lee is right that we have to get voting rights signed in to law. with regard to the question that you asked where you go from here, i want to note that 147 republican members of congress even after the assault on the capitol voted to nullify the presidential election. we need to make sure they don't return to office. if the select committee determines there should be criminal charges they have that right. it will only be a recommendation and up to the department of justice if they want to go forward with an investigation or charges. >> congresswoman, lee. let me come back to you on voting rights. the president and the vice president are going to georgia and they will be giving speeches on voting rights. in the last hour ali had on a woman with a piece she and other leaders in georgia wrote don't come down here if you don't have a plan. are you satisfied that the biden administration, that president biden has a plan to get done what you and all of us are saying needs to get done. john lewis voting rights act has to be. >> the president forcefully. i support ending the filibuster. the president said we have to do something. if we see we don't have republican votes, we need a carve out or way around. it withstood the test of time on january 6th but it is still fragile. i am confident the president will fight hard like we are to make sure that the bills are getting passed. we have to make sure that the ground swell and the movement and the people out there that are pushing the grassroots movement push very hard so that the members of the senate listen and hear and hold them accountable. >> congressman lieu, yesterday i interviewed chairman thompson on "washington post" live and i asked him are you going to subpoena jim jordan and congressman scott perry. his answer is that we are looking to see if we have the authority. congressman lieu, do you think the committee has the authority to subpoena them and if so should they? >> the committee absolutely has that authority. america, nobody is above the law including members of congress. if the committee believes there is information that the members of congress can provide that would be relevant the committee has got the power to issue the subpoena. i also note unfortunately what we have seen is because of delays and litigaing the subpoenas, the last four years show the trump administration was able to render many of the subpoenas meaningless because of the length of the delays. i am on the house judiciary committee and a former white house counsel chose to litigate the subpoena, we only got him in two years later. we need to make sure that the folks don't run out the clock. that is why we have to pass legislation on the inherent contempt bill allowing congress to enforce our own subpoenas. >> thank you both very much for joining us tonight. >> thank you john. >> coming up, a turning point on voting rights. president biden's speech thursday fulfilled many democrats long-standing hopes he would fight against those that threaten democracy. now his allies hope the speech marks a turning point in the biden administration's focus. more on that next. debin administration's focus more on that next. age before beauty? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th >> the horrendous issue with messing around with how the votes are counted and getting rid of the non-partisan boards and sham audits. all of that is covered by our bill. it is a big problem. >> that was senator amy klobuchar who today argued that the time is now to pass federal legislation protecting the right to vote from suppression efforts by republican state legislatures. they will vote next week on the freedom to vote act and president biden will head to georgia to make the case for passing voting rights legislation. the president's speech yesterday marking the one-year anniversary of january 6th fulfilled many democrats long-standing hopes he would step up his defense of democracy and fight against those that threaten it. the democrats problem is not their message on voting rights "the problem is the image. there are people that generally feel we are not being tough enough. if they continue that into not just georgia, texas, north carolina, where people think they have free reign to restrict access to the ballot, and i think that will see an excited base. joining us now is the former head of the justice department civils right division and currently chair of american bridge 21st century. governor patrick. your reaction to the assertion that democrats are not being tough enough on voting rights and do you agree president biden should take it to other states and not just georgia. >> i think he should. i think every elected democrat and democratic activist should take it up and frankly i think that republicans should take it up as well. either we believe in a democracy or not. the idea of making voting inconvenient or inaccessible to people on purpose, to gain advantage is not new. it is not new. but it is a problem whose ugly undersides, i think, are apparent for everybody to see. we have real reform legislation that moved through the house. it has the support of the american people. and it is stuck in the senate because people are hiding behind procedural rules and other excuses. i do think we need to dial up the heat. >> this week mitch mcconnell said that he would be open to reforming the electoral count act. but majority leader chuck schumer responded that is not enough to protect voting rights and prevent election subversion. i am of the mind it should be be either or. it is both. what is your take? >> right. well, leader mcconnell, you know, there are ways in which the electoral count processes should be formalized and updated. many of the bills about suppressing the vote and making it intentionally inconvenient for poor and marginalized people, disabled people, rural communities. they include a provision you do not often hear people talk about which i think is more pernicious, the ability of partisans to overrule an election result if they don't like the outcome. we would have a reform in the congress saying the congress couldn't do anything about that but accept and certify the electorates. making sure people don't make the mistake to persuade vice president pence to behave differently when it was time for him to certify the presidential count in the last election. the more fundamental challenge right now are the efforts underway ever since the supreme court gutted the voting rights act. >> let me get you to listen to senator durbin and what he said about the key roadblock, the filibuster. >> for our republican colleagues to feign outrage, i would like them to think about to a year ago this week. where were the rules when some of our colleagues echoed the big lie that led to the bloody insurrection and where were the rules and norms when some members of the republican party endorsed installing donald trump to the presidency against the will of the american people. >> governor patrick, senate democrats are discussing various rule changes but it is not clear if manchin will support them. what happens if they won't budge on the filibuster? >> not enough happens. but i hope it does not end should they make a terrible and anti-democratic decision. understand, the filibuster itself is an anti-democratic or un-democratic rule. the notion that the majority does not rule. it can be controlled by a minority. bypassing the filibuster rule happens all of the time in the senate and happened a couple of weeks ago. >> right. with the debt ceiling. >> with the debt ceiling. they do it all the time. they carve out exceptions. and what better exception than to have a functioning democracy. >> right. to be clear when you say democratic, you are talking small d, democratic. >> right. i am. the former big d democratic governor of massachusetts, deval patrick, thank you for your time tonight. >> thank you. joining us now is the pennsylvania attorney general josh shapiro running for governor of pennsylvania. attorney general, thank you very much for coming to the last word. elected officials in arizona released a 93-page report debunking every claim made by the cyber ninjas in the sham audit and the cyber ninjas are shutting down. a similar partisan audit is still being pushed in pennsylvania, even if no fraud is found. has the damage already been done? >> no fraud was found here in pennsylvania. other than maybe a handful of cases where individuals were trying to cast an extra ballot for donald trump. what is happening here in pennsylvania is a sham audit, one where republicans in the state senate have demanded the private personal information. social security numbers, driver license numbers and the like of 9 million pennsylvania voters. i sued to stop that. and by the way we have got a pretty good track record of defending democracy here in pennsylvania. over 40 times we went to court against the former president and his enablers and won every time in order to protect and preserve our democracy and respect the will of the people. >> the philadelphia inquirer asked five republican candidates about the 2020 election. only one acknowledged biden won. none would say if they would have certified pennsylvania's election results. talk about what is at stake in terms of electing a democrat that will stand for democracy. >> what is at stake here in pennsylvania and across the country is that we need leaders who are willing to speak the truth. we need leaders who are willing to confront the lies. and what you saw in the clip about the senate candidates could have been applied to the 14 or 15 republicans running against me for governor in the commonwealth. the fact they can't acknowledge the simple truth that joe biden won pennsylvania by 80,000 votes speaks not to an issue in our democracy but it speaks to our profound and personal weakness. these are individuals that are so afraid to stand up to the former president. they are so afraid to stand up to the forces controlling the modern day republican party that they are willing to sellout our democracy. the wayed that we beat that is to make sure that number one, we speak truth and number two, we defeat the weak people at the ballot box. >> pennsylvania attorney general josh shapiro. thank you for joining us tonight. >> thank you. >> coming up, the biden administration says vaccine mandates for large companies and health care companies are essential in the fight against covid and today argued their case before the supreme court. what today's argument tells us about how the court will decide. that's next. about how the court will decide. that's next. nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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is it firm. is it super necessary. if it is, why? >> whatever necessary means, necessary and proper or whether it is something more than that. why isn't this necessary to a grave risk? this is a pandemic. nearly a million people have died and the greatest health danger the country faced in the last century. more and more people are dying every day. more and more people are getting sick every day. this is the policy most geared to stoppinga all of this. >> it is worth noting two of the lawyers arguing against the mandate had to make arguments virtually. joining us now david michaels, a professor at george washington university school of public health and served as assistant secretary of labor for the occupational safety and health administration from 2009 to 2017. and joyce vance, former u.s. attorney for the northern district of alabama and professor at the university of alabama school of law and msnbc legal analyst. joyce, starting with you, today justice sotomayor asked the difference between a workplace mandate and sparks flying with worker having to wear masks. is there a legal difference? >> to the newly conservative majority 6-3 court it appears there is not and had a lot less to do with the need to protect employees in the workplace than what the conservative majority sees as an opportunity to dismantle what they call the administrative state, the notion that the federal government could take steps to protect people the point made repeatedly is that we are in the middle of a pandemic. people are dying. if there is ever grave danger and the need for an emergency ruling, this is it. but it appears that a majority of conservative justices disagree. >> we mentioned all of the justices are vaccinated and boosted and two attorneys were not allowed to be present because they tested positive. is the mandate the court is considering less than their own protocol? >> very much less, jonathan. powerful people like justices can control their workplaces. at the supreme court they said whether or not you are vaccinated you can't get into the building unless you test negative that morning. that is why the one lawyer had to do his oral arguments by telephone. in the building you need to wear a mask all of the time except when you are speaking. what the justices don't understand for many workers covid-19 is a real threat. the justices look like they are going to stop the federal government from ensuring workers have at least some protection. enough so they can go to work and not fear for their lives. >> joyce, listen to the exchange between justice clarence thomas and benjamin flowers, the solicitor general of ohio. >> so you are saying mr. flowers that the first step in osha's regulation is to identify the workforce, the problem in the workforce, and then regulate that? >> that is typically how osha proceeds. i don't know that there is a requirement that says they must do that. but i think part of the problems we are seeing with the rule is that it is not truly intended to regulate a workplace danger but a danger we all face as a matter of waking up in the morning. >> joyce, does it matter, legally, if the workplace danger is also an every day danger, especially if people need to be at their workplace? >> well, it is technically an interesting legal argument that can be had. but i am not sure it is particularly relevant in this context. the issue is covid is present in the workplace. osha has a statute to protect workers and there is an interesting hypothetical used in the context, what if you had a magic wand to wave and protect people from covid only at work and you could wave it at the end of the day and remove the protection. and the solicitor general was quick to acknowledge, yes. if there was a way to do it exclusively in the workplace, that would be appropriate. but the reality here is that you protect people at all times or you leave them unprotected when they are at work and when they have no ability to protect themselves from co-workers, cramped working conditions and what have you. >> david, as assistant secretary of labor for the occupational safety and health administration, i would love you to respond to that from osha's standpoint. >> absolutely. you know, covid-19 is a massive worker safety crisis. tens of thousands of workers have been sickened by the exposure at work. the law says that every worker has the right to a safe work accomplice. every worker has the right to leave work in the same condition they got to work. osha's job is to make sure employers provide the safe workplace. they control the workplace. when you have a hazard, osha tells employers to eliminate or minimize the hazard. in this place it is the potentially infectious worker. osha in this case is saying that if we keep potentially infectious workers at home, out of the workplace, we can save lives and make people safer. that is right within osha's wheelhouse and in fact i filed a amicus brief signed by other osha administrators explaining exactly that. >> david michaels, joyce vance, thank you both for joining us tonight. while the justices consider the future of president biden's vaccine mandate, florida hit a new record of infections reporting nearly 77,000 new covid-19 infections on friday. meanwhile the state has been trying to curb the number of people getting tested. the florida department of health going against cdc guidelines urged people who are not showing symptoms not to get in line. thank you very much senator for being here. in addition to new and faulty testing guidance governor desantis is accused of allowing up to a million rapid covid tests expire. is this the trump playbook of stopping testing and we would have very few cases? >> jonathan, thanks so much for having me. i think that is the idea but i can't get into his head. i do not understand the attitude that the governor and his appointed surgeon general have taken towards covid. the numbers are astronomical. we knew we were going to have so many people visiting. we knew about omicron. and yet the tests were not distributed. it is so shameful people are waiting hours and hours for testing. they are not getting them. about a million tests were expired in the state warehouse. >> since you mentioned him, i want to get your reaction to what the florida surgeon general said this week. listen. >> we are going to be working to unwind the sort of testing psychology that our federal leadership has managed to unfortunately get most of the country in over the last two years. we need to unwind the testing sort of planning and living one's life around testing. without it we are going to be stuck in the same cycle. >> what is he talking about. testing psychology. testing is how a person knows for sure whether or not they are sick and infecting others. >> i wish that i understood. i really don't. people don't go to get tests for fun. they know they have to wait in line. they know they have to get a swab. they are getting tested because they need one to get back to work. not everybody has the luxury for working from home. they need it for travel. they need it because they have been in close contact with someone or they have symptoms. so, there is nothing wrong with getting a test. testing will save lives. and even if as they described you are a healthy young person, you could still give covid to someone more vulnerable. what they are saying is completely backwards and against cdc guidelines and the truth of the matter is that the counties that i represent are not listening. the sad part is that we have a top public health official putting out guidance people are not even paying attention to because they know it does not make any sense. >> thank you for joining us tonight. >> thank you. >> coming up, y'all, ted cruz embarrassed himself this week, a lot. we will show you the tape next. a t. we will show you the tape next just two pills for all day pain relief. aleve it, and see what's possible. and also try alevex topical pain relief. 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>> well, you know i think we are all laughing to keep from crying. we are in a really dangerous place. we have a u.s. senator going on a fox news network begging a host to accept an apology for an insurrection that did happen, you know. i can't wrap my mind around the fact that only two republicans having to go into the chamber for the moment of silence. no other republicans had the dignity and decency to pay respect to those that lost their lives defending the capitol. when the insurrectionists were calling for the death of not just mike pence and other colleagues of ted cruz. it really did remind me, honestly jonathan, of donald trump refusing to attend the inauguration. the republican party is not just the party of no. but they are willing to erode all of our institutional norms and democratic principles to uphold a more and more fascist ideology which is really worrisome, especially as we have midterms coming up and ted cruz said they will impeach joe biden. for what? doesn't matter. they just want to impeach him. just to get legislation passed, we are at a stand still and a crisis in the nation policy wise but when it comes to white supremacy and insurrectionists. >> a former aide to congressman kevin mccarthy said yesterday. >> his leadership strategy is dictated by the most extreme wings of his party. so when marjorie taylor greene or matt gaetz puts their thumbs on the scale. the leadership that enables that behavior is continuing today as we have seen. >> and so juanita is there room for anyone that can truly challenge trumpism when congressman mccarthy is driven by trump's role over republicans? >> it is the same power dynamics that we saw between ted cruz and tucker carlson and the same power dynamics mccarthy feeds into. on january 6th, we know who he was focused on. exclusively focused on communicating with trump, right. this is all about him not only begging for his own safety, but getting trump to do the right thing. mccarthy, as we know is laser-like focused for years on the one thing that alluded him, the speakership of the house. he is ready to beg, borrow, steal and sell his soul to anyone that can create the pathway. just so happens it is through the extremists in the republican party like trump and marjorie taylor greene and he is willing to do whatever they want because he is literally at their mercy when they are floating balloons about mccarthy does not need to be the next speaker if republicans take the house in the midterm. he is trying to do his best to maintain any semblence of power so he can reach his political aspiration. that is what it is about. it is about nothing else. so, when i hear the staffer speak about his leadership driven by that or i hear the other reports that he didn't check on his staffers. it fully aligns with what he cares about. himself. the constitution and the staff be dammed. nothing matters but his pathway to political power. we are going to see our democracy crumble just as dr. greer outlined as he and other republicans try to pursue that path. it is all about self preserve ation and we should be concerned and frustrated. >> what has changed is the use of conspiracy, the absolute lack of courage to call it out. the fear that permeates leaders of the republican party against a man that is insane, sending out press releases from mar-a-lago. it is sad because the republican party will exist but it lost credibility and it will take a while to get it back. >> christina, what can we expect from congress if republicans do indeed take control, and what happens on the second anniversary of the january 6th insurrection?, jonathan, is tha they play offense. democrats are the ones who play defense and want to constantly share the ball with republicans. whenever democrats get into power, they say, represented, what would you like to do, and that's in the spirit of democracy, sure, but we're not there anymore. if the democrats have a majority, they need to figure out how to pass voting rights legislation and pass the george perry floyd policing act and make sure we get substantive policies to protect americans. if they come into power, we know they will not care at all about the american people. they will rip out that social safety net. they will continue to give their wealthy friends more tax breaks. they will make sure that the most extreme wing of the party gets everything they want as junta just said. >> jill, i have legal questions for you. turning to vice president mike pence, do you expect him to cooperate with the january 6th committee? >> we know that his chief of staff is cooperating, and that's something that wouldn't happen if vice president pence didn't approve of it. there's every reason to believe that he might. he certainly isn't benefiting from any protection of the republican party or the leader of what is still called the republican party. and i just -- i want to say how much i agree with both christina and juanita. i have a hashtag on twitter hashtag #saythis,notthat. it would be to say call them domestic terrorists, call them violent. don't say they're protesters because they're not. don't say misinformation, say lies. call it what it is. and that's what senator cruz was doing, and of course you can't do that in the republican party. they do not accept truth anymore. they are rejecting it. >> and jill, what happens if the supreme court decides to reverse the d.c. circuit's ruling rejecting trump's claim of executive privilege? >> i think that the supreme court will reject his executive privilege claims because they have no basis in fact or in law, and we have known since watergate that the president is subject to subpoena and to turning over documents, and so that isn't going to work. what's going to happen is the national archives will turn over the material to the senate -- i'm sorry, to the house january 6th committee, and you'll have even more evidence of his complicity in conducting the terrorist attack on the capitol and on our democracy. let's not keep calling it the capitol, although that building was desecrated and although we saw a confederate flag march through it, it was democracy that was under attack and that remains under attack. the voting rights we're talking about, those need to be passed to protect democracy. and we need to make sure that we don't have a state legislature or a state partisan making the decision about what votes count. it has to continue to be something that protects our rights to vote and our rights to have our vote counted. >> they are intertwined, january 6th and voting rights. jill wine-banks, christina greer, juanita tolliver, thank you all for joining us tonight. coming up, saying goodbye to an icon, the life and legacy of the great sidney poitier. that's next. customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? 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[ sneeze ] are you ok? oh, it's just a cold. if you have high blood pressure, a cold is not just a cold. 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. ♪ ♪ just two pills for all day pain relief. aleve it, and see what's possible. and also try alevex topical pain relief. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. new year, new start. and now comcast business is making it easy to get going with the ready. set. save. sale. get started with fast and reliable internet and voice for $64.99 a month with a 2-year price guarantee. it's easy... with flexible installation and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. comcast business. powering possibilities. i'm looking in the mirror this morning and i'm thinking i'm 35 years old, married 11 years, and i got a boy who's got to sleep in the living room because i got nothing. nothing to give him but stories, like on how rich people live, eh? damn these eggs. damn all the eggs that ever was. >> today we learned sidney poitier, a true american icon, died at the age of 94. throughout his career, poitier brought the stories of black america to white america. he stereotyped civil rights movement with his deeds and financially as well. it's not until death until we look at the impact they had on the world around them, but sidney poitier got that honor when he was still alive. on august 12th, 2009, america's first black president, barack obama, gave the presidential medal of freedom to the first black actor ever to win the academy award for best actor. >> it's been said that sidney poitier does not make movies, he makes milestones. milestones of artistic excellence, milestones of america's progress. on screen and behind the camera, in films such as "the defiant ones, uptown saturday night, willies of the field, for which he became the first african-american to win an academy award for best actor, poitier not only entertained but enlightened, shifted attitudes, reeling the power of the silver screen to bring us closer together. the child of a bahamian tomato farmer, he called his driving purpose to make himself a better person. he did, and he made us all a little bit better along the way. [ applause ] >> that is tonight's last word. before we go tonight, i have a message to someone who's watching right now. do you have a picture? that is my husband, nick, and it is our fifth wedding anniversary today. ain't he cute? happy anniversary, magoo. thank you so much for watching. "the 11th hour" starts now. good evening. i'm alicia menendez. day 353 of the biden administration. we're now learning just how serious the january 6th committee is about speaking with former vice president mike pence about what happened on the day trump supporters stormed the capitol. nbc news has confirmed an npr report that the committee could