extremist group the oath keepers and ten other members with seditious conspiracy in connection to the violent attack on the capitol. this is the first time prosecutors have filed sedition charges against any of the more than 700 people accused so far in the siege. the indictment paints a detailed picture of the members' alleged actions on january 6th. prosecutors describe the group's stack formation as they marched up the east steps of the capitol and then entered the capitol building with the mob. they also detail how the accused allegedly procured weapons, organized, and trained for that day. the indictment also says the oath keepers began plotting just after election day 2020 and continued to do so after january 6th. the fbi arrested rhodes in texas earlier today. he is scheduled to appear in court tomorrow. his attorney tells nbc news, quote, i don't think the facts alleged support the charge of seditious conspiracy. rhodes has also attracted attention of the january 6th committee which subpoenaed him back in november. today the panel also issued a subpoena to the parent companies of google, reddit, twitter, and facebook. the committee says it wants to know how the spread of misinformation and violent extremism on their platforms may have contributed to the capitol riot. >> my sense frankly from the document production of these companies is they are sharing with us what they think we already have or already know but we know there is other material out there. and we've lost patience and we're now going to require them to provide it. >> tonight alphabet which owns google says it has been actively cooperating with the panel and that it enforced policies against content inciting violence ahead of the riot. the 1-6 committee now in a stand-off with house republican leader kevin mccarthy, he is refusing to cooperate with the committee's request for a voluntary interview about his conversations with trump on january 6th. today mccarthy was asked about that and those comments he made about trump shortly after the insurrection. >> you said that he should have immediately denounced the mob. and you also said that there was no evidence that what happened was started by antifa. i'm wondering if you still stand by those comment. >> my criticism went to everyone on that day. why was the capitol so ill prepared that day? >> doesn't the american public have a right to know what the president of the united states was thinking and doing while the u.s. capitol was under attack? >> you know, that's a great question. you know the great thing about that? i didn't wait a year later. on january 6th i spoke to the american public. not by one network but by many networks. my conversation was very short advising the president of what was happening here. there is nothing that he can provide the january 6th committee for legislation of their moving forward. there is nothing in that realm. it is pure politics of what they are playing. >> january 6th committee chairman bennie thompson says a possible subpoena to mccarthy is still under discussion. he says he is disappointed the house republican leader is refusing to cooperate. >> he made public statements that president trump had some responsibility for what occurred. we have information that he made calls to the white house telling him he needed to call the people off. and for whatever reason he decided not to come to the committee and say what many things he's said in public. >> as the select committee tries to get to the bottom of the effort to deny joe biden the presidency, he is stepping up his efforts to get voting rights legislation passed in the senate. tonight he met with senators joe manchin and kyrsten sinema at the white house for more than an hour. the two democrats have been firmly opposed to weakening or eliminating the filibuster to pass the voting bills. earlier today biden was on the hill making an appeal to the full senate democratic caucus during a closed door lunch. biden emerged sounding less than confident about the legislation's fate. >> i hope we can get this done but i'm not sure. one thing for certain, like every other major civil rights bill that came along, if we miss the first time, we can come back and try it a second time. the state legislative bodies con ten to change the law not as to who can vote but who gets to count the vote. count the vote. count the vote. it's about election sub version not just whether or not people get to vote. who counts the vote. that is what makes this so different than anything else we've ever done. i don't know that we can get it done but i know one thing. as long as i have a breath in me, as long as i am in the white house, as long as i'm engaged at all i'm going to be fighting to change the way these legislatures are moving. >> biden had been somewhat upstaged a couple hours before the lunch by one of this evening's white house guests. arizona senator sinema took to the floor and made it clear she has no intention of tinkering with the filibuster. >> these bills help treat the symptoms of the disease but they do not fully address the disease itself. and while i continue to support these bills, i will not support separate actions that woren the underlying disease of division infecting our country. eliminating the 60-vote threshold will simply guarantee we lose a critical tool that we need to safeguard our democracy from threats in the years to come. >> the house has already passed the voting bills. it is now up to the senate. tonight democratic leader chuck schumer said while he had hoped to hold a vote by monday with hawaii senator brene shotz now positive for covid and an expected winter storm all voefts will be postponed until tuesday. the president is providing another part of his agenda that already failed to get through the senate. nbc news reports he is planning to sign executive action on police reform as early as this month. this was also the day the supreme court blocked biden's covid vaccine or testing mandate for large employers a major blow to the administration's plan to end the pandemic. the court did uphold a more modest mandate that requires health care workers at publicly funded facilities to be vaccinated. biden says he'll continue to urnl private companies to create their own versions of vaccine requirements. let's bring in our guest on this thursday night, white house correspondent for "usa today" today, former fbi assistant director for counterintelligence the author of the book "the fbi way" and host of the podcast the bureau. and a veteran federal prosecutor and former u.s. attorney for the district of michigan. she is a professor at university of michigan's law school and cohosts the podcast "sisters in law." i want to read a section of this indictment of the oath keepers founder stewart rhodes and ten others. quote they coordinated travel across the country to enter washington, d.c., equipped themselves with a variety of weapons, donned combat and tactical gear and were prepared to answer rhodes' call to take up arms at rhodes' direction. some coconspirators also amassed firearms on the outskirts of washington, d.c., distributed them among quick reaction force teams, and planned to use the firearms in support of their plot to stop the lawful transfer of presidential power. barbara, how big a deal is this indictment? >> it is a very big deal. whenever the justice department charges seditious conspiracy it's number one very rare and number two it is reviewed at the highest levels of the justice department because it brings with it not just an allegation of conspiracy to commit a crime but do so one that is disloyal to our country by attacking the authority of the united states. one of the other significant factors about this particular indictment is the detailed allegations. there's 48 pages. it quotes verbatim from text messages that were believed to have been encrypted communicating back and forth to each other and it demonstrates this was not an organic attack where some people got carried away with a rally and ended up inside the capitol. this was planned for many months. people came from all over the country and amassed weapons and this was a design plot to prevent the peaceful transfer of power. >> even with all of that information, even with all of that evidence what challenges are federal prosecutors up against now? >> well, in a case like this it is challenging because as i said i've charged this offense before in a case that ultimately failed. i think people are naturally skeptical of something that charges sedition. it suggests an overthrow of the government, a coup. but if you look at the elements of the statute itself what it actually says is using force to oppose the authority of the united states. and so by trying to prevent that vote from going forward that is sufficient here. so i think it is going to be a strong case. >> frank, two questions for you. one, what strikes you most about these charges and, two, do you think we could see other militia groups charged? >> so first as we're all talking about today this is historically significant. that hits you square in the face. you have to look back to the mid 1990s for the last successful charge of seditious conspiracy. that was used against international terrorists so, yes. i do think what is going to happen here is because the government seems to be inside encrypted communications, because we have 11 people today facing up to 20 years in prison, there is going to be some breakage here. someone is going to talk and even if they don't the government clearly is into their encrypted comms. it looks like there's either sources or electronic breakthroughs. don't be surprised if we see the early reporting that already occurred, hey, there looks like interest is communication between oath keepers, proud boys, three percenters. don't be surprised if this now spreads across those three groups and we see future charges of seditious conspiracy involving these groups. and then look. as you read through this indictment one thing that pops out at me is who is funding these people? you have tens of thousands of dollars in weaponry, night vision goggles, top of the line scopes on rifles. radios, body armor, bullet resistant plates for your vest. very expensive stuff. where is that money coming from? rest assured the bureau is going to continue to look at that. >> last week the attorney general gave a speech defending his handling of the january 6th criminal cases. to some who have been urging him to move faster and more aggressively may see this as vindication for him. are there political risks here? >> absolutely. of course there's political risk. the white house has been very careful to separate itself from the doj and its pursuit of criminal charges for the january 6th investigation. that's because we saw in the last administration the doj heavily politicized and used for former president trump's personal vindications, personal decisions, political reasons. so we, you know, certainly have seen the white house really try to separate itself from the ag and his pursuit of charges. >> frank, you were talking about the gear. we also know they had strategies. they had tactics. they had a game plan. what are we learning about these militia groups and who it is that's joining them? >> well, what is most disturbing and sobering perhaps about the oath keepers in particular is the fact that they are coming largely from the ranks of former military, former police. even some active duty. we already know that one out of ten of the defendants arrested for the violence on january 6th has some military affiliation. we know that is what oath keepers are about. really they came into being immediately following the election of barack obama. they seem to be spurred on by the fact that we now had our first black u.s. president. they thought the world was crashing down on them. they kind of planted the plague in a ceremony in lexington, massachusetts. very symbolically. that is where they're from. but it is really a lot of hate based kind of white supremacy crossover. let's save western civilization which really means white culture. there is a crossover here on the belief systems. and rose himself former u.s. army paratrooper lost his bar license, had gone to yale, law school, and he sees himself as some kind of historical figure here. he's going to be hard to break but i predict the other folks arrested with him will eventually start talking. >> bash, he want to talk about rhodes. not only might he be hard to break but this is someone who ostensibly has an understanding of the law and has argued he's always been on the right side of it. to what extent does his own legal back groun and legal training become an asset or liability? >> well it could be a liability. any time you are charged with a crime sometimes people will claim ignorance of the law not knowing something and so it is much harder for someone who has a law degree. often times as in a case like this it isn't necessary that you know the law just that you know what you're doing and attacking the u.s. capitol is a crime whether you have a law degree or not. i don't know that it is going to much matter here. i do think whether it is he who cooperates or others there is a lot of information that is potentially be tapped there. i would frank said who funded all of this. wean oath keepers had ties to roger stone and were with him on january 5th. were they connected in any way to the war room at the willard hotel and part of the overall strategy to prevent the transfer of power to joe biden? that is the question i want to know is can these folks be leveraged to get to people even higher in the chain? >> i want to ask you about the january 6th committee because the chairman said they are weighing a subpoena for kevin mccarthy. what do they have to consider now? >> really the only thing they have to consider is whether they want to subpoena one of their own. i suppose that is unprecedented and could come back to bite them down the road when the powers have changed. i think in a case like this where they have done a very good job in the letters they've made public explaining why they are seeking information from people and kevin mccarthy wants to minimize this and says it's already what i told you. it isn't what he said but what trump said back to him. what is the mindset of donald trump as he sits there 187 people and not saying anything to stop what caused the death of five people. they would be well within their rights to subpoena him. i do not see any valid privileges he has other than the fifth amendment privilege against self-incrimination. he may try to run out the clock and hope the midterm elections allow them to disband this committee. >> courtney, with the news about mccarthy it would have been busy already. you layer on top the fact that the voting rights bills are in trouble tonight. biden was on the hill today and invited manchin and sinema over for a chat. the white house says they had quote a candid and respectful exchange of views about voting rights. what else are you hearing about where they go from here? >> i think it was on full display. manchin and sinema going to the white house. i am not sure how that moves the needle given sinema articulated that as she mentioned at the to which means democrats don't have the votes to change the senate rules which is the only way they'll pass voting rights legislation. i think biden's response today after the meeting on capitol hill was a pretty sobering read about where things stand. he said we missed it this time. speaking about voting right in past tense and at one point saying the honest to god answer is i don't know whether we can get this done. white house press secretary jen psaki was asked about plan b today and we've also asked white house officials what is the plan b now that the filibuster, changing the filibuster rules appears to be doomed as a strategy. she said, you know, they are going to keep at it. that difficult legislation comes with its ups and downs. that doesn't mean you give up. it means sometimes you don't know where you go from here and what comes next. but that he would continue to work the phones and engage colleagues and that is what we saw him do tonight. i think what this underscores though is the president has certainly decided to start the new year by taking a tough new stance on republicans. today was a painful reminder that he is still fighting members of his own party. these democratic divisions continue to doom his agenda. this is the second time in a month that a lone senator has sunk his legislative plan. that is the political reality of his margins in congress right now and what he has to deal with in order to get things done. the question is, is he setting the expectations too high especially as it is frustrating a lot of democrats particularly on an issue like voting rights that they see as so critical ahead of november. >> we'll talk about that issue a little later in the show. before we go i want to ask you six supreme court justices have blocked the white house's vaccine or test rules. can you walk us through the reasoning for this in the middle of an ongoing pandemic? >> what the majority says is that osha has over played its hand in terms of the rules it gets to implement. so congress delegates some power to osha. osha has the power to implement rules to protect workers from hazards in the work place. what the majority says is covid is not a hazard of the work place. it's a hazard everywhere. and so you can't look at things that are hazards anywhere but specifically in the work place and for that reason osha has over stepped its limits and we're going to block the implementation of the law. the lawsuit does continue and on the merits may see a different result. for now it is blocked. i thought the dissenting opinion made very persuasive points when it pointed out other regulations osha has done in the past that are general provisions as well like safe drinking water and other kinds of things that apply not only in the work place but elsewhere. they criticized the majority for reading into the rules language that is not there. for textualists they are creating an additional layer of requirement that the hazard has to be unique to the work place. but that is the majority and the votes we have and by a 6-3 majority today that work place rule was blocked from being implemented. better news from my perspective on the health care front where the court did allow it to stand. a similar rule that applies to all health care workers in facilities that are funded by medicaid or medicare. >> i appreciate your landing on the better news. thank you all. coming up, how the bombshell charges of sedition are causing shock waves in washington and what that could mean for the already wobbly balance of power. later as one former republican congressman put it this afternoon we've lost the war to contain covid. we'll ask one of our top doctors what the government should do now. 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[bacon sizzles] [bacon sizzles] ♪ [electronic music plays] ♪ [bacon sizzles] ♪ [electronic music plays] ♪ woo! it's been nearly two years since the pandemic started. our students and teachers tried their best, but as a parent, i can tell you that nearly 18 months of remote learning was really hard. i'm so angry that instead of helping our kids get back in the classroom, the school board focused on renaming schools schools that weren't even open . please recall all three school board members now. for the sake of our kids, we can't wait one more day, never mind a whole year for a fresh start. president biden tonight made his pitch for voting rights directly to the two democrats members of his own party responsible for holding up his agenda. both senators joe manchin and kyrsten sinema opposed changing the filibuster to pass the legislation. whether he made any headway we still don't know. with us our guests. biden putting a full court press on manchin and sinema. any chance he can persuade them? >> it sounded like the nail was in the coffin with the statement of senator sinema on the floor of the senate today. and of course hearing the comments of manchin and sinema, their latest statements, it does seem that these two senators are determined to stand in the way of the changes to the filibuster that would be required to move voting rights through. i think it is rather shameful and i think it is going to harm democrats down the line. this is very dangerous. we've had i think 19 states that have passed something like 33 bills already curtailing voting rights and so this is not something that could wait but unfortunately these two senators representing really just a smidgeon of voters are going to stand in the way of the kind of reforms that are necessary i believe to project voting rights. >> even as we talk about democrats here i do want to remind our viewers that there are republicans who could come to the table on this. in the new york magazine about mitt romney's forceful rebuke of biden's address in atlanta, romney speaks for an important faction of republican elites who may abhor trump's naked authoritarianism either openly like romney or more often in party. romney's position holds the pivotal point in the u.s. senate. anti-trump pro voter suppression republicans like him are the key impediment to passing any voting rights bill. do you agree with that assessment? where do the romneys of the senate fall in this debate? >> unfortunately from my point of view they don't fall in favor of this bill and only one falls in favor of the john lewis bill lisa murkowski whether they might be willing to support some changes at least in the electoral count act. i think that is possible and the democrats may have done more to push for that i think in the past year but as jonathan says and you just read it's been over republican support. we shouldn't lose sight of that as we focus on manchin and sinema. you asked whether there is any real chance of progress. the white house statement tonight put out about 20, 30 minutes ago after the meetings of president biden with senators manchin and sinema was startling. we've been around these kinds of meetings for a while, many years. decades i guess. they usually, it's a warm discussion and exchange of views and make progress. there was none of that. it reminded me of statements after a very chilly meeting between president biden and vladimir putin or something. there was a candid, i can't remember, a candid and honest exchange of views. something like that. candid and respectful i think exchange of views. period. there is nothing in the white house statement about how much the president respects senator manchin and senator sinema. i think they've come to a dead end at this point. >> if they have in fact where does that leave democrats? >> i think it puts democrats in a very difficult position. remember these changes around the john lewis voting rights act were to deal with decisions handed down by the supreme court particularly around preclearance in some of those states that have historically had problems with black voters. and ensuring the right to vote. and the other changes were things like ensuring, you know, mail-in ballots were valid and requirements for drop boxes to be present and making the election day a holiday. i mean, really pretty simple things. and they couldn't get it done. i think it is going to hurt them morally because it is the moral thing to do but i think it also hurts politically because a lot of voters with all of these laws coming down are going to be, i mean their votes will be suppressed. their votes will -- there will be barriers in front of them when it comes to voting in the midterm elections and certainly the presidential election in 2024. >> turning to the new charges in the january 6 investigation rick stengel had this to say earlier today. >> this is serious as a heart attack. seditious conspiracy is one step down from absolute treason. if you look at the statute it is about the violent overthrow of the government. i believe it says it is levying war against the government. that is nothing more serious than that. i applaud dod for doing it. >> bill, what message does this charge send? >> i think your previous panel discussed this well. it is a serious charge obviously and suggests they have a lot of information in the justice department and they may be ready to charge others. i was more struck today i have to say by what we've been learning and rachel maddow has been reporting on this on this network about the electors, the fraudulent statements by electors or certifications, forged certifications electors sent into the national archives, the defeated trump electors saying okay. we've met and we are certifying the arizona votes, or michigan votes or whatever should go to donald trump. in a way it is ridiculous but if you have a place where the vice president is going to sit there on january 6th and this was mr. trump -- jeffrey rosen, the plot was pence would say we can't know who won arizona because there are two competing sets of electors so we have to discard the arizona votes and throw it into the house or make it so confusing they put off certification of the election on january 6. that was the plot. this was part of the plot and these were identical forged documents from both states. there must have been coordination and it seems the white house knew about it, jeffrey rosen at justice department knew about it. i think as the january 6 committee pulls the string or if the justice department does we get a serious plot with elected officials involved of fraudulent documents to allow for the ignoring of election returns and sub version of our election. that may end up being more significant than the oath keepers actually. >> we will continue to follow that. donna and bill are staying with me. coming up another example of the hold the former president still has on the republican party. when "the 11th hour" continues. party. when "the 11th hour" continues no canceling. flexible cancellation. kayak. search one and done. people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. with relapsing forms of ms... there's a lot to deal with. or planning to be. not just unpredictable relapses. all these other things too. it can all add up. kesimpta is a once-monthly at-home injection... that may help you put these rms challenges in their place. kesimpta was proven superior at reducing the rate of relapses, active lesions, and slowing disability progression vs aubagio. don't take kesimpta if you have hepatitis b, and tell your doctor if you have had it, as it could come back. kesimpta can cause serious side effects, including infections. while no cases of pml were reported in rms clinical trials, it could happen. tell your doctor if you had or plan to have vaccines, or if you are or plan to become pregnant. kesimpta may cause a decrease in some types of antibodies. the most common side effects are upper respiratory tract infection, headache, and injection reactions. ready for an at-home treatment with dramatic results? it's time to ask your doctor about kesimpta. you could wait... all night... for an email response from steve, who will sign back in at 9 am tomorrow morning. orrrr... you could find the answer right now in slack. and give steve a break. slack. where the future works. can senator mcconnell effectively work with the leader of the republican party donald trump? i'm not going to vote for anybody that can't have a working relationship with president trump to be a team to come up with an american first agenda. >> just some of what we heard from senator lindsey graham last night as he threatened to withhold his leadership vote for mitch mcconnell if the minority leader doesn't have equal working -- a, quote, working relationship with the former president. earlier today graham was asked about his comments. >> mitch mcconnell has been one of the best leaders in my lifetime. he worked with president trump to get the court full of conservative justices, passed tax cuts pretty much by ourselves. but the elections are about the future not the past and you got to have a working relationship with president trump. you don't have to agree with him or cowtow to him but if he want to be a senate or house leader the most consequential republican in the country is donald trump. no matter who you are mitch or anybody else i think you got to show to us the rank and file you can work with president trump. >> still with us donna edwards and bill kristol. donna, your reaction to those comments from graham? >> well, i think mitch mcconnell has done plenty to protect donald trump. he protected him in two impeachments. he put forward the tax cut that senator graham talked about. he's made sure to block the independent commission on january 6th. i think mitch mcconnell has done a fair amount to protect donald trump and the trump agenda and unfortunately for all of the rest of us we have to suffer the consequences. >> bill, of course i'm sure you would like to o pine on that relationship. i will give you the space and time to do that but i want to bring in another element of the conversation which is you have the rnc threatening to bar its candidates from participating in debates sponsored by the commission on presidential debates. "the washington post" reports, quote, during the 2020 cycle then president donald trump complained vociferously about the commission. at one point tweeting that it was stacked with trump haters and never trumpers. bill, what do you think? could future debates be in trouble? >> sure. this is donald trump's party. that sentence of lindsey graham's was true not just a wish of lindsey graham but a true fact as of now. so if donald trump thinks he'll be the nominee in 2024 and he doesn't want to debate under the presidential debate rules he is laying the ground work early. it shows the trump people are not quite as haphazard and do more planning than people think. they are laying the ground work for getting out of debates already in 2022. from their point of view that is pretty intelligent. what lindsey graham says, if you had told me a year ago liz cheney wouldn't be in the leadership of the house because she dared to say we need to look into january 6 and criticized donald trump i'd have said come on. she has been elected by her peers. i think you have to take lindsey graham's threat seriously. is it possible if senate republicans have 52 or something like that next year that 27 of them will want to go for lindsey graham or someone who will have, quote, a better working relationship with donald trump than mcconnell who as donna says, in my view has done the key things he needed -- shouldn't have done but did do to protect trump but obviously doesn't have any warm personal relationship with trump and trump wants a more compliant morrow bead tyen tyen leader than mcconnell and might get him >> i take bill's point there is more planning on the part of trump world looking forward to another run and his lack of desire to participate in those debates. at the same time if the republicans continue to sow doubt in our institutions and norms is there a way to come back from that? where does it leave democrats? they knew they'd be playing on an asymetric playing field but this adds an element. >> when i listened to senator sinema today one thing she talked about in defending the filibuster was that somehow the filibuster actually protected this unity and bipartisanship and in fact there's been a devolution of that and this move withdrawing from the debate sponsored by the debate commission i think is illustrative of that. so i think democrats have to go in eyes wide open and ready to sort of fight for these elections across the country. the trump party, look at what they're doing in terms of running people for secretary of state, ensuring that elections boards comprise trump sympathizers. they are doing a lot strategically to invade the infrastructure, to try to protect a vote for potential trump, running for president. and so democrats have a lot of work to do to play catch up to this game that they're playing to take the election. >> none of this is normal. thank you both. coming up we'll talk to dr. patel about what else the government can do to fight the pandemic after the supreme court blocked the administration's vaccine mandate for businesses. the "the 11th hour" continues. rs the "the 11th hour" continues. e? 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>> unfortunately it does. but the administration does have options and i think you heard the president committed to try and make sure we can basically pull all levers possible to get people vaccinated. i think it is the right thing to do especially when you think about the surge and unfortunately deaths continuing to occur in the next weeks to months. >> can you walk us through what those levers look like? >> yeah. there are a handful of things you can see as a victory in the other decision that the supreme court prevailed upon around mandatory vaccines for health care workers and in that the secretary of health and human services had clear authority for health care workers and the environment. you could extend that and look at more focused areas, think meat packing to other essential workers and still could be done through the department of labor. another one could be something discussed before. dr. fauci commented on a domestic travel vaccine mandate. a third one could even be looking at how insurance premiums could be discounted, something that has been explored, tried in other areas including incentives to reduce smoking and other behaviors. you can think of a number of different areas and finally taking the play out of protecting consumers if you think of all of us as consumers in businesses having some transparency about the business you enter and the level of vaccination or protection that business is providing customers and its employees. so there is still room. i think the question is how to not get distracted to make sure you focus on actually getting vaccines in arms and not just all these court related controversies over who has the authority. >> some public health experts say there are signs omicron has peaked at least in some areas. do you agree? >> they do. i'm in the d.c. area and we are seeing cases decline. we look for sustained declines, seven day averages and haven't quite gotten there in our area but it is promising. new york and the northeast. however, unfortunately as cases decline it still means we are seeing hundreds of thousands of cases. that is not good news because that does have hospitalizations and deaths that follow so i don't want people to take the peak as a sign they can become complacent. >> the president announced 500 million more covid tests in addition to the 500 million last month. is that going to solve the testing issue in this country? >> not today where we have people who are trying to scavange websites and pharmacies for antigen tests but i want to remind people you can't test out of covid. the basic measures really apply. biden administration guaranteeing a billion tests are the right thing to do because we're going to need these tests not necessarily just today but we have to incorporate how these tests can help us moving forward to resume normal life. >> when you talk about the eye to the future, is this the last variant we need to worry about, the last serious variant or are there others on the horizon? >> so i'll be very kind of blunt and say, no. this is not the last variant because that is just not how viruses work. i am hoping this is the last variant that causes such disruption to daily life and the economy and now that we have vaccines that can prevent disease we can focus in the future on preventing disease like we do other disease areas. i do think this will not be our last variant and certainly i hope we've gotten enough vacs around the world so we have as much defense as possible for the next variant. which is why testing, therapeutics, making sure people get shots, second, third, maybe fourth when we need them. >> that bluntness is why we rely on you. you made reference to incentives to get people to get the vaccine. quebec imposed a health tax on unvaccinated people resulting in a rush of new appointments this week. is that the type of policy that could work here? >> something like that. we actually have taken significant caution and regulations over the last three decades to not impose any sort of penalties based on health status. we wouldn't want to see that used for women for reproductive rights. this is something i am very careful to caution people to think ah that's a great policy but the complement to that basically offering people significant discounts could be an incentive. we've tried incentives in our country. you remember the lotteries and free checks and all sorts of incentives hasn't worked so far. so that is why the mandates have come into the forefront as a possibility. they're working. health care workers are getting vaccinated because they are required to like we do other things. >> lotteries and free checks. living in strange times. thank you. coming up, he was born his royal highness. why that is no longer the case when "the 11th hour" continues. s (naj) at fisher investments, our clients know we have their backs. 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[cheering] that was awesome. and, the hits won't quit, with peacock premium included at no additional cost. all that entertainment built in. xfinity. a way better way to watch. there's usually not a lot of news about the royals at "the 11th hour" but today the queen stripped her own son andrew of his military titles and royal duties. the dramatic move came after the prince's lawyers were unable to get a lawsuit accusing andrew of sexual assault dismissed. a report tonight from nbc news' senior international correspondent keir simmons in london. >> reporter: tonight humiliation for the queen's second son royal sources confirming to nbc news he will no longer be called his royal highness a title he was born with. buckingham palace saying in a statement with the queen's approval and agreem the duke of york's military affiliations and royal patronages have been returned to the queen, the statement ending he is defending this case as a private citizen. virginia dufrey is suing prince andrew for alleged sexual assault when she was 17 years old. she says she of trafficked by the prince's pretend the late jeffrey epstein. >> it was a really scary time in my life. i had just been abused by a member of the royal family. >> reporter: the allegations continue despite prince andrew's years of denials including saying he does not remember this photograph with dufrey and ghislain maxwell who was convicted last month on federal sex trafficking charges. >> i have no recollection of ever meeting this lady. none whatsoever. >> reporter: the dramatic palace announcement comes a day after a u.s. judge rejected the prince's bid to have the case thrown out potentially leaving him to face cross examination in court. this was a day the queen wanted to avoid but the palace clearly believes the damage to the royal family is too much. the source close to prince andrew says he will continue to defend himself but it looks like he will have to do so alone. >> keir simmons in london, thank you. there is more "the 11th hour" ahead right after this. e hour" ahead right after this one of my favorite supplements is qunol turmeric. turmeric helps with healthy joints and inflammation support. unlike regular turmeric supplements qunol's superior absorption helps me get the full benefits of turmeric. the brand i trust is qunol. entresto is the number one heart failure brand prescribed by cardiologists and has helped over one million people. it was proven superior at helping people stay alive and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor about entresto. ♪♪ you pour your heart into everything you do, which is a lot. so take care of that heart with lipton. because sippin' on unsweetened lipton can help support a healthy heart. lipton. stop chuggin'. start sippin'. meet ron. that man is always on. and he's on it with jardiance for type 2 diabetes. his underhand sky serve? on fire. his grilling game? on point. and his a1c? ron is on it. with the once-daily pill, jardiance. jardiance not only lowers a1c... it goes beyond to reduce the risk of cardiovascular death for adults with type 2 diabetes and known heart disease. and jardiance may help you lose some weight. jardiance may cause serious side effects, including ketoacidosis that may be fatal, dehydration that can lead to sudden worsening of kidney function, and genital yeast or urinary tract infections. a rare life-threatening bacterial infection in the skin of the perineum could occur. stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis, or an allergic reaction, and don't take it if you're on dialysis. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. a once-daily pill that goes beyond lowering a1c? on it with jardiance. ask your doctor about jardiance. you could be working with someone outside your company and wait for back and forth e-mail, or a call to be rescheduled for the third time. orrr... you could use slack. and work faster with everyone you work with, together in one place. slack. where the future works. a look at the empire state building honoring the "today" show 70 years on the air. that is our broadcast for this thursday night with our thanks to you for being with wall with so this is the dissent. this is from the start of the dissent. i'm justin stephen breyer. i bring this to you tonight because every once in a while, the dissent is destined to ring louder in history than the ruling. this has all the raw markers of that tonight. for every day, covid-19 poses great danger to the citizens of

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