changing senate rules to make that happen. >> we must stand strong and stand together to make sure january 6th marks not the end of democracy but the beginning. freedom to vote act takes on election subversion to protect nonpartisan electors, officials, who are doing their job, from intimidation and interference, it's also time to pass the john lewis voting rights act. i've been having quiet conversations with members of congress for the last two months, i'm tired of being quiet. the threat to our democracy is so grave, we must find a way to pass voting rights bill, debate them, vote, let the majority prevail. and if that bare minimum is blocked, we have no option but to change the senate rules, including getting rid of the filibuster for this. i support changing the senate rules, whichever way they need to be changed to prevent a minority of senators from blocking action on voting rights. >> and why has president biden made this his number one focus? according to brennan center for justice, 19 states have passed 34 different laws restricting access to the ballot. vice president harris offered this warning about those very efforts. >> there is a danger of becoming accustomed to these laws. we must not be deceived into thinking a law that makes it more difficult for students to vote is normal. we must not be deceived into thinking a law that makes it illegal to help a voter with a disability vote by mail is normal. there is nothing normal about a law that makes it illegal to pass out water or food to people standing in long voting lines. >> while back in washington the two senate leaders both took to the floor with strong statements about voting legislation and reforming the filibuster. majority leader schumer insists that democrats are ready to move forward. >> the senate is going to act, as soon as tomorrow. it is my intention to once again bring legislation to the floor to fight back against the threats to democracy and protect people's access to the ballot. once again, i urge my republican colleagues to take up the flag of the traditional republican party, not only of lincoln but reagan and h.w. bush and w. bush and vote yes to move forward so we can have a debate like the debate or discussion we just had. but if republicans continue to hijack the rules of the senate to prevent voting rights from happening, if they continue paralyzing this chamber to the fact we're helpless to fight back against the big lie, we must consider the necessary steps we must take to adapt and act. >> republican mitch mcconnell fired back, promising his favorite move, to retaliate. >> if my colleague tries to break the senate, to silence those millions of americans, we will make their voices heard in this chamber in ways that are more inconvenient for the majority and this white house than what anybody has seen in living memory. our colleagues who are itching to drain any drop of collegiality from this body have not even begun to consider how that would work. the democratic leader tries to shut millions of americans and entire states out of the business of governing, the operations of this body will change. oh, yes. that much is true. but not in ways that reward the rule breakers. not in ways that advantage this president. this majority, or their party. i guarantee it. >> there's also new developments in january 6th investigation. house select committee now interested in talking to extra lawyer and former new york city mayor rudy giuliani, one of the leading figures peddling false claims about election fraud. giuliani is on a list of lot of people. when asked about subpoena, committee is working through the progress. did issue a round of subpoenas to three people in the trump family inner circle, demanding testimony and documents from andy soraban, arthur schwartz who spoke to others at rally. third to ross worthington, former white house official who allegedly helped draft the rally speech. as the investigation unfolds, department of justice announced creation of new unit to fight domestic terrorism. justice officials say there are persistent and evolving threats of violent extremism in the u.s. as nation battles relentless spread of omicron, many hospitals across the country are continuing to be overwhelmed. "new york times" reporting that number of people admitted for covid now higher than last winter's surge. with that and lot of news to cover tonight, bring in leadoff guest this tuesday, phil rucker, pulitzer prize winning senior correspondent for the "washington post" and coauthor of "new york times" best seller, "i alone can fix it," alexi, former senior fbi official. biden was clear, demanded action on voting rights, said we need to tweak, not scrap the filibuster. many, many people said we need a plan. that sounds like a plan. >> yeah. steph, this was a long time coming for democrats and voting rights. civil rights activists in the country have wanted the president to speak with the righteous anger he showed today. for some democrats it's feeling it's too late and also a question what the plan is, without the support of senators manchin and sinema in the senate, the math doesn't add up to get to 50 votes necessary to change the rules and pass the legislation. as you heard from senator schumer, democrats are going to move forward later to try to bring this to the floor and take action. what you saw in atlanta was biden and vice president harris putting it all on the line and really showing that their presidency and administration is behind this push right now. >> alexie, some progressives, voting and civil rights groups skipped the speech today, president of the naacp said quote, it's thrilling speech but time to match words with action and for congress to do their jobs. was skipping today a warning to biden? we don't show up for your on your speech or for you or democrats come election day if you don't deliver? >> that wasn't the message they were sending. i asked them during the zoom in which they announced they weren't going, what they would say to voters, why to show up and support the democratic party and candidates if they're not able to deliver on federal voting rights. said it's not ditching the democratic party but continuing to do the work. that's what absence said more than anything, look, president biden, thanks for coming to atlanta, rather you be giving this speech in washington, d.c., to senators on capitol hill, saying they're going the work to register voters because voting as you know, in 2022 and beyond will depend based on where you live. >> the new doj unit they're designing to specifically handle domestic terrorism. is it a big deal? sounds that way. >> sounds that way but i don't think it is. let me explain, prior to 9/11, the department of justice and fbi was doing a lot of national security work, didn't have a national security division. at 9/11 they created one, new box on the organizational chart of department of justice. similarly, prior to january 6th and for years the department of justice and fbi have been doing lots of work on domestic terrorism, investigations and prosecutions, but didn't have domestic terrorism unit in the division. now they do. putting another box on organizational chart is helpful in certain ways. tells organization what leadership thinks is important, sends a signal to congress and the public. but there has to be more than a box on the organizational chart. glad they did it, there's a lot more work to do. domestic terrorism is a metastasizing threat and new unit is helpful but not enough. >> isn't this the first step? i think back to what they did after 9/11. >> it's first step but there are other and more important steps, an example. you know there are crimes of international terrorism, providing material support to al qaeda or isis is a federal crime. there is no federal crime of domestic terrorism. there is a federal definition of domestic terrorism in the criminal code but no crime. department of justice can't create one, congress has to. there's lots of good reasons for congress to do this. however, i don't think congress can agree that today is tuesday. so waiting on congress to fill this moral equivalency gap in federal law i think, well, i think we're going to be waiting quite a long time. that's what needs to happen. fbi has tools, experience, agents, prosecutors, but they could use a federal domestic terrorism law from congress. that's what we need. >> if you look closely, today's speech could be considered something like a campaign rally. it's the second speech in a row biden has taken a direct swing at trump or as he likes to call him, the defeated former president. that's a new stroke for him. >> it is. we heard for all of the first year of biden's presidency a reluctance to even reference donald trump let alone utter his name or speak of him in any remarks. he would occasionally refer to the former guy. now we hear the defeated former president. heard in the speech last week that president biden gave, he invoked trump, not by name but nonetheless, 16 times. came out swinging, did it again in atlanta. new rhetorical shift. colleagues at "washington post" have been reporting on this and determined there's a new strategy in the white house, not to attack trump daily like this but attack him at big, high-profile moments when he thinks there's going to be considerable media attention, such as speech in atlanta, when he might deliver a message beyond those following politics hour by hour. >> chuck schumer is pushing to hold votes soon. when i look at numbers, i don't get it. what does he know? sinema and manchin haven't moved. >> look, as you know, holding vote like that will put manchin and sinema on the record and show voters across the country in their state and otherwise where they stand on the issue and where remaining continued disagreements are within the democratic party. i don't think that schumer thinks this is going to be passed soon or that they'll be convinced by one speech by vice president and vice president. but there's going to be a lot of negotiations going forward. >> but we know where they stand. joe manchin has said it over and over, there's no surprise there. >> well, i think they're going to show americans where they stand. maybe joe manchin will try to get more leverage with build back better. that's not passed because he's holding that up as well. there are conversations to bed had, the senators say they want to get something done. >> back to the january 6th committee, working on getting rudy giuliani to testify. share what republican adam kingsinger said tonight. >> rudy was in the meetings, actively pressing the president on these conspiracies, convincing him and worming his way into the meetings, he'll have information. i expect he won't be cooperative but congress has ways to compel that and we have ways to ensure he's telling the truth under oath. >> what are the ways to compel? let's be honest, likelihood that rudy giuliani is going to participate. he loves to talk but he's not going to play ball. >> no, and there's a bigger problem with all due respect to the congressman that he missed. they executed search warrants for his home and office, likely a subject or target of a federal criminal investigation. that gives him fifth amendment privilege. i'd love to hear from the guy -- >> whoa whoa whoa whoa whoa, explain that. >> sure. we have reason to believe that giuliani is under criminal investigation. we know the fbi executed search warrants at his home and office more than a year ago. that case has never been resolved and it's been very quiet. but i imagine because he's under investigation, he can assert, validly, a fifth amendment privilege to refuse to answer any question if it tends to incriminate him. your point about him not being cooperative is spot on. i'm not sure this guy would know the truth if it hit him in back of the head, but putting all that aside and putting aside i would love to hear from him. he must have tons of relevant information, he also can invoke the privilege not to testify. that's a problem for congress. prosecutors can overcome that immunizing somebody, congress can in theory try that route but might undermine ongoing prosecution that the department of justice is conducting. this is more difficult issue than the congressman imagines. >> the white house has other issues they're dealing with. at this point, is the white house strategy around covid and omicron to let this wave crest, recede and get back to normal? as the days pass you hear from more and more business leaders saying this is going to move and we're all getting back to work or you're not getting paid. that's most aggressive we've seen from the business community. >> certainly is, a different approach from previous waves of the coronavirus last year and in the year prior. the attitude in the white house is let's get back to normal quickly as we can. obviously they're dealing with the hospitalizations around the country, with the testing issues, with making sure as many people are getting vaccinated as possible, but there's also a focus on trying to get this economy more opened up, getting life back to normal, people back in offices when it's safe and appropriate to do so, and also a determination not to impose any lockdowns or extreme restrictions of the kind we saw in the early months of the pandemic and spring of 2020. >> there's a lot of determination for political agenda for the president to get his whole party under one tent. alexi, progressives, what is their plan, get in line gop style behind donald trump or stand firm to what they believe and want, whether voting rights or build back better -- biden, excuse me. >> asking about progressives? they're going to continue employing the leverage they have as caucus. the progressive caucus has been moving as block in the entire session and don't see that going anymore with congresswoman jayapal a leader in the movement. voting rights they have the backing of the voting rights leaders, civil rights leaders, activists and members of the king family. there's no reason to capitulate at this point. >> at some point joe manchin and progressives have to get on the same page, those groups are important but don't have vote. >> argument they would make is two folks versuses thousands across the country is asking for the laws and measures to be passed to help them not only live life but participate in elections this cycle and next. >> if you want thousands of votes for years to come, better deliver. phil, alexi, chuck. good to have you. going to leave it there. coming up, a lot more to cover. why would anyone be against protecting voting rights or saving lives from covid? answer might be the same for both. get into what political experts and one of our top doctors have to say. 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-easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. let me say this plainly and simply and straightforward, there is no widespread effort to suppress minority voting rights in america. it's nonexistent, this has nothing to do with this, this has to do with power. >> that's not plain, simple or straightforward. let's get practical. reminder, this is what is in the legislation that democrats are trying to pass. freedom to vote act would expand voter registration and election day access, provide universal mail-in voting, make election day a national holiday and ban partisan redistricting. john lewis voting rights act reinstates for history of discrimination. joining us, and mark mckinnon, adviser to george w. bush and john mccain. we just went through this thing, mark. republicans have branded themselves as the party of patriots, how does that square with any patriot who wouldn't want to make election day a holiday? >> great question, stephanie. it really boils down to -- respond first to marco rubio by saying the root of this is the 2020 election and president trump claiming there was widespread election fraud in the system, and fact is, there is none, there is no widespread, systemic fraud. and the greatest fraud perpetuated in american politics today is the notion there was. all the discussions about the voting rights bills and federal holidays and mail-in voting all stem from the 2020 election and the lie that president trump sowed then, millions of dollars of lawsuits, texas attorney general, the arizona audit, all shown nothing, in fact only thing some shown, handful of cases of voter fraud for president trump. it doesn't exist but that's the root of all the legislation. three-quarters of republicans in the party still believe the election was stolen, so they think any efforts by democrats are designed to make the fraud even greater when we know that's not the case. >> those republicans still believe it or trying to still sell it to people who don't know better and warp other truths? perfect example, kill the filibuster is getting misrepresented just like defund the police. don't need to get rid of either but both need reform and improvements. is that what democrats need to lead with? because republicans are going to make this a talking point and run with it, just like defund the police. >> i mean republicans are going to lie just like they have every other election cycle. democrats need to focus on getting the bills passed. forget the messaging, get to action. that's what breaks through seeing rousing speech that still did not dig into how he's going to put the weight of his office to tip the scales to get this through the democratic senate. that's what it comes down to. i appreciate mark emphasizing that republicans like marco rubio and republicans throughout the conference perpetuated the lies that trump said. they refused to say that biden was president-elect for months. they planted that seed and state legislatures run by republicans picked up the mantle and ran with it, they're committed to obstructing elections and voters' will going forward. that's why it's critical. democrats need to focus on getting this done. if they don't, next election might be last one we recognize, stephanie. >> a president is not a lawmaker but signer and influencer. want to play more of what he had to say today. >> history has never been kind to those who have sided with voter suppression over voters' rights. and it will be less kind for those who side with election subversion. so i ask every elected official in america, how do you want to be remembered? do you want to be on the side of dr. king or george wallace? do you want to be on the side of john lewis or bull connor? do you want to be on the side of abraham lincoln or jefferson davis? this is the moment to decide to defend our elections, to defend our democracy. >> mark, how much more can he do? he gave the big speech but he can't make laws. can use the bully pulpit, twist arms. did he move manchin at all? >> certainly didn't move republicans with that speech, he's saying you're with us or you're a racist and mitt romney expressed that thought. i don't think that was the intent. think biden realistically recognizes they're not getting any republican votes on any of the bills and key is manchin. i mean we can talk about manchin all program long but biden has to pick the lock on this one. my guess is end of the day what it may boil down to is certification. that's where filibuster may come into play for manchin, just nail it down to certification issue rather than how we cast or count ballots, that's the crux i suspect for manchin. >> tweak it, don't scrap it, might get something done. juanita and mark have agreed to stay with us. more to cover. we're going to discuss impact one influential republican could have on swing voters in the midterms. more when "the 11th hour" continues. you don't want to miss this. 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excuse me? do the research, todd. listen to me, kayak searches hundreds of travel sites to find you great deals on flights, cars and hotels. they're lying to you! who's they? kayak? arr! open your eyes! compare hundreds of travel sites at once. kayak. search one and done. bill kristol of the bulwark writes that donald trump is unusual wild card headed into the midterms. bulk of the republican candidates will be aligned with and perhaps seen to be marching behind a former president not popular with swing vote voters, whose visibility could motivate lots of democratic votes and whose behavior could help link to unpopular causes. what do you think of the analysis? does he have a point? >> toxic as trump is, wish he would have that weight. but we saw otherwise in the gubernatorial races. did not do enough in virginia to mobilize voters. democrats can't rely on that, they have to deliver other wins. trump also realizes that toxicity levels are high, won't swing it, but goes into the calculus to announce a run this year or lay back, could be a drag on republicans. i don't think the drag is big as girl could hope for. >> trump has death grip over his base, but not enough to win him an election. and biden is calling him out, for second time in row mentioned former president trump. watch this. >> the violent mob of january 6, 2021, empowered and encouraged by defeated former president sought to win through violence what he had lost at the ballot box, to impose the will of the mob, to overturn a free and fair election, and for the first time, the first time in american history, to stop the peaceful transfer of power. they failed. they failed. but democracy's victory was not certain. nor is democracy's future. >> dfp, defeated former president is what biden is calling him. do you think it's good move he started to go after trump? >> i do, that's a-class trolling right there, steph next that's kind of thing that really gets under trump's skin. >> but he can't tweet about it. >> you know, trump is paying attention. and i think that trump does feel like he's going to have a big impact in the 2022 election or certainly take credit for whatever happens. if i didn't know bill kristol better, i would say he's smoking something and being wildly optimistic about the -- so you know bill, too. about the impact of trump and negative downward pressure he might have in 2022 election. but i also think you're right that you have to look at 2021 election and look at what happens when republicans run without trump on the radar screen, a huge potential upside if they keep him off the screen. >> to that point, is it possible the hold he has over the base might get republicans too many radical candidates that win primaries but alienate moderates? >> very possibly. i think that would be the sort of thing that people will look like. the fringe candidates down the rabbit hole 100% are creating framing messaging problem for republicans. when the republican party is the party of matt gaetz and marjorie taylor greene and not grunkin, the shine wears off the trump. >> i know it's still early and you mentioned it a moment ago, democrats can unite voting against trump but it's a great big party with a lot of people and priorities. is there one top issue to drive democratic voters in the midterms together? >> i think they have to act on all the issues. i appreciate the energy that voting rights is getting right now, it's a foundational right that should be protected and preserved. but need to move forward on build back better and accountability on january 6th. if voters go into the midterms with question mark in their mind how their lives were improved or impacted by this president compared to the defeated former guy, that's not place democrats need to be, that's not helpful in the midterms at all. >> won't that mean a compromise within the democratic party to get something done? >> has to. >> as important as build back better is, it's like we dismiss the infrastructure package that's huge win. donald trump spent four years talking about infrastructure, former real estate guy, got nothing done, biden got a bill passed and we dismiss as as nothing. >> it's more a question who is helped more. women, families and children stand to gain from build back better. communities gain from and jobs in economy gain from the bipartisan infrastructure bill. people want more tangible impact on daily lived circumstances, that's what they're taking into the voting box with them. >> who is going to gain in the infrastructure bill is commercial real estate titans that get huge contracts, the same ones that whined that biden got too progressive, they're going to get richer when the deals go through. mark and juanita, thanks for joining us. is it possible a fourth shot is needed to fight omicron? 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if so, what's next? >> i hope so, stephanie. although so many times the modelers and predictors have not been that accurate. we're looking at uk, good signs it may be going away. if we're worryworts, thinking is there something to follow but let's assume we have good luck and omicron goes away. >> if there is a fourth shot specifically for omicron but the wave is over, is it worth taking it? >> let me break this down, really important question. starts with when we first noticed omicron appearing out of south africa, we realized quickly the two shots most of the us considered full vaccination would not work effectively against omicron, so we moved to a third shot, a booster shot philosophy, that proved to be pretty effective against omicron, still not good enough. and omicron is now raging out of control, besides the hospitalization increases and cases you mentioned, it's increasing trend for more fatalities. there's two other strategies, vaccine strategies, one is and all the manufacturers are working on this, to come up with vaccine specific to deal with omicron. problem is by the time they get that tested, approved, developed and manufactured, we may be over omicron. what i'm looking forward to is what the army, walter reed research lab, is working on, a vaccine to deal with any and all covid, all coronaviruss in fact. that will be the game changer the world is waiting for, we'll have to wait and see, many months away. two shots not enough, definitely need a third, maybe a fourth as israel is doing, omicron specific, not sure in the time line but one vaccine for all variants we know of. >> it's common sense that public health should bring us together but today another revolting example how political it's gotten. share a heated exchange between senator rand paul and dr. anthony fauci, fauci bringing receipts, some calling it amazing, some devastating. watch this. >> what happens when he gets out and accuses me of things completely untrue, all of a sudden that kindles the crazies out there. a person was arrested on the way from sacramento to washington, d.c., at a speed stop in iowa. and they asked the -- police asked where he was going, and he was going to washington, d.c., to kill dr. fauci, and they found in his car an ar-15 and multiple magazines of ammunition. and you see "fire dr. fauci" with a little box, contribute here. you can do $5, $10, $20, $100. so you're making a catastrophic epidemic for your political gain. >> anthony fauci has devoted his life to science and medicine, to protect americans, working for our government, not private industry, and guys like rand paul have gone after him, put him at risk and raised money of off of it, how much have republican leaders like paul hurt us in terms of getting out of this pandemic? >> well, unlike other senators, rand paul is a doctor, and his words carry exceedingly more weight i think in congress, but also among the general public. general public doesn't know that rand paul -- may not know that rand paul is a fool. can you say that about a senator? >> you can say that about anybody. >> i'll take that to the bank. guy is totally reckless and irresponsible, just some guy talking about fauci, that's one thing. but he carries weight, he's endangering the public who buy his misinformation, his attacks on fauci are thinly disguised attack on our entire public health system. it is outrageous and i don't know what to say about it, but my god he should know better, he's ophthalmologist, and what he knows about spreading disease and pandemics, i don't know where he picked up whatever noninformation he has. he's no better than every other citizen duped by conspiracy theories on the internet and it's disgraceful. to put dr. fauci's life on the line and frighten his family is really unconscionable. i have other words to talk about offline on that, but it's just horrible thing that fauci is being attacked by rand paul. >> i'm sorry for audience, i can't wait tolary what you really have to say offline. i may have to fill them in tomorrow. thanks for joining us. whether or not he's a doctor, he could be decent, he could be honest. coming up next, irs kicks off busy season with warning about tax refunds, that story when "the 11th hour" continues. prepare yourselves to be frustrated. hour" continues prepare yourselves to be prepare yourselves to be frustrated and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ well, would you look at that? 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"barron's" predicting quote inflation in december likely rose at fastest pace in four decades. translation, everything you buy is expensive right now. another financial front, looks like irs is getting hit with covid. might want to get started on taxes as soon as possible, especially if you're expecting a refund. >> assistant school teacher lauren tracy filed taxes online first time last year. >> got everything squared away, wasn't that complicated. >> reporter: then realized because she was furloughed from previous job, was due bigger refund. >> i filed $1,050 through amended tax return on paper and have heard nothing about it, everything showing it's received. >> reporter: nine months later waiting for refund. >> over 6 million individual returns not processed. >> from last year? >> correct. >> reporter: warning for taxpayers, prepare to be frustrated. irs is entering tax season with significant backlog because of the pandemic and facing staffing shortages. fewer than 15,000 workers had to handle the calls. work force the same size as it was in 1970, with budget nearly 20% less than ten years ago and covid has increased the challenges, especially for paper returns. >> irs employees have to be in the building to process the paper returns. covid with social distancing and restricting numbers, limits how many can work. >> reporter: experts advise filing online, triple check for errors and choose direct deposit. if you have to file a paper return. >> first in, first out, sooner you get it in, sooner you're in the process. >> reporter: at least collect some interest. >> the build back better plan has 80 billion bucks set aside for the irs. if it's passed, the potential to speed up returns. hot mic moment when "the 11th hour" continues. t mic momee t mic momee 11th hour" continues the full benefits of turmeric. the brand i trust is qunol. 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. ♪ i see trees of green ♪ if you're living with hiv, keep loving who you are. ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ medusa lived with a hideous curse. uhh, i mean the whole turning people to stone thing was a bit of a buzz kill, right? 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>> to the public. >> great. look forward to >> doctor fauci's answer to, is public information. senator moran? >> what's more on. >> we are going to end the night with jesus. that is our broadcast for this evening, tune in tomorrow morning for my interview with republican congressman and january six committee member, adam kinzinger. right here on msnbc at 9 am eastern. until then, i'm going to crawl under this desk and go to sleep. on behalf of all my colleagues and the networks and nbc news, good evening.