with the australian open just days away, the question is will djokovic get to play? it's "way too early" for this. ♪♪ good morning and welcome to "way too early," the show that can't wait to see what they come up with for wimbledon. i'm jonathan lemire on this friday, january 14th. friday. let's start with the news. majority leader chuck schumer says the senate will take up voting rights legislation on tuesday of next week. schumer had originally promised to take action by mlk day -- that's monday -- but he delayed the vote citing covid-19 and an impending winter storm, but even with the delay, democrats face slim odds of passing anything. senators joe manchin and kyrsten sinema reiterated yesterday they do not support changes to the legislative filibuster. senator sinema gave an impassioned speed on the senate floor yesterday right before president biden was set to meet with democrats to rally around the party changing the rules to pass voting rights. >> eliminating the 60-vote threshold on the party line with the thinnest of possible majorities to pass these bills that i support will not guarantee that we prevent demagogues from winning office. 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. >> president biden steeled that with democrats following sinema's remarks, but in a moment of brutal honesty afterward, he acknowledged the voting rights push may very well fail. >> i hope we can get this done. the honest-to-god answer is i don't know if we can get this done. one thing for certain, like every other major civil rights bill that came along, if we miss the first time, we could come back and try it a second time. we missed this time. as long as i have a breath in me, as long as i'm in the white house, as long as i'm engaged at all, i'm going to be fight to change the way these legislatures have been moving. >> in what appeared too be a last-ditch effort to change their minds, biden met last night. they said, the president had a, quote, candid and express irv views about the changing of voting rights. joining us is josh bren a han. there was a humbling moment there for the president. where do things stand. >> do we have any sense of how things went at the white house last night? secondly, senator schumer said he's proceeding. what's going to happen on tuesday? where does this go? >> you know, we heard after manchin and sinema left the white house, you know, nothing had really changed. you saw the statements the white house official put out. it was pretty bland. but it was clear if you read between the lines things didn't go well. the extraordinary thing was it was funny last night because it took the senate like six hours to finish a vote because the majority leader schumer, they weren't sure what their next step was going to be, were they going to come in friday, go during the weekend, come in next week, you know. there was a lot of back-and-forth. they finally said, we'll cancel the vote this weekend, come back next week. they really don't know where they're going right now. i mean there is no -- if manchin and sinema don't change their position, which doesn't seem at all likely right now, there's no point for them to go here. it's not clear here, you know, what their next move is. way tonight reiterate how extraordinary it was to have the president of the united states come to capitol hill. and before he gets there, a senator from his own party already shoots down what he's going to say because her position is i'm not going to be with you on this. it was just an extraordinary moment. >> yeah, she cut his legs out right from under him. we've now seen him and we know that any time a president makes that trip up pennsylvania avenue, it's usually to seal the deal, the votes are in the hand. this is the second time where a creature of the senate has not had that happen. the white house is trying to send messaging about voting rights, but it sure doesn't seem they've got something they can pass. stay with me. there's another story i want to get to. the supreme court has struck down a vaccine mandate for private businesses with at least 100 employees while they still allow a separate mandate for health care workers to continue. they held that the administration overstepped its authority with the occupational safety and health administration's rule saying that, quote, although congress has indisputedly given osha the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. the liberal justices, well, they disagree. they wrote this jointly in a dissent. in the face of a still raging pandemic, this court tells the agency charged with protecting workers' safety that it may not do so and all the workplaces needed without legal basis, the court usurps the decision that rightfully belongs to others. president biden celebrated the decision on health care workers while calling on private businesses to institute their own mandates. now, the white house had in terrell days of the pandemic tried to avoid mandates. it tore apart a lot of communities in this country. mandates were put into place and stats showed they seemed to work. this is undeniably a setback for the president. john, what's your sense of it here? what other options do they have with omicron being so pervasive throughout the country? >> yeah. i asked white house press secretary jen psaki yesterday whether or not she'll come back and try to do a narrower mandate to get around the supreme court ruling. she didn't have anything on that. on the hill there was talk about maybe congress could pass some legislation with these mandates, but, of course, the republicans would block that in the senate with the filibuster, even if it somehow got through the house, and we're not sure it could. this was very controversial. the mandate would have applied to companies with 100 employees or more. in the hours after this happened, you saw big companies say, look, we're going to keep the mandate in place. others say we wouldn't want to do it. we're going to lose workers in a tight market anyway. so this is -- i don't see congress doing anything on this. if they're going to do anything, the administration, they're going to have to do something from a regulatory angle. again, i think they're going to have to sit down and look at this. as you noted, they did keep in place the mandate for health care workers, so this was a partial victory for the administration on, that but the mandate on the employers was the huge issue of trying to force the unvaccinated to get the vaccine. i don't see the giants on the schedule, but i hope you enjoy the break. we appreciate you being here. come back soon. john bresnahan of "punchbowl news." thanks ahead. still ahead, the most serious charges yet in the january 6th attack. the group federal investigators say was planning more violence after that riot. also ahead, breaking news. novak djokovic's deportation fight takes another turn. the latest ruling that could keep him out of australia for a few years. those stories and a check on the weather when we come right back. . knowing where you came from, it gives you a sense of “this is who i am”. oh my goodness... wow, look at all those! you get hungry for more and then you're just like, “wow, i'm learning about my family.” yeah, yep. which one, what'd you find? 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[szasz] we take care of ourselves constantly; it's important. we walk three to five times a week, a couple miles at a time. - we've both been taking prevagen for a little more than 11 years now. after about 30 days of taking it, we noticed clarity that we didn't notice before. - it's still helping me. i still notice a difference. prevagen. healthier brain. better life. are you tired of clean clothes that just don't smell clean? i still notice a difference. downy unstopables in-wash scent boosters keep your laundry smelling fresh way longer than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters. federal prosecutors have filed new charges against a group playing a central role on the january 6th storming of the capitol. investigators say they were planning for each more violence after that siege. nbc news justice correspondent pete williams has more. >> reporter: it's the most high-profile charge yet stemming from the capitol riot. stewart rhodes of texas, the leader of the far-right oath keepers is in federal custody for conspiring with with other groups to carry out acts of violence to stop the counting of the electoral vote. they're charged with seditious conspiracy. >> while all conspiracies are serious, a seditious conspiracy not often brought is even more serious. >> reporter: two days after the election, rhodes reached out to his leadership team with this encrypted message. we're not getting through this without a civil war. in civil court documents it's said he told them we need to make people feel uncomfortable. one of the oath keepers drove around the u.s. capitol on a reconnaissance mission. as rioters began breaking through police lines, rhodes messaged his leadership saying the nation's founders stormed the governor's mansion in massachusetts. a short time later oath keepers began working their way into the capitol in two groups lined up in military-style formation. stewart rhodes remained outside the building, but in the hours after the riot, the government says, he met with his team to plan further violence. in the following weeks prosecutors say he spent more than $17,000 buying weapons and ammunition, and on inauguration day, they say rhodes messaged, after this, if nothing happens, it's war, civil war 2.0. >> the house investigating committee is demanding more flfgs the biggest social companies in the world, citing, quote, inadequate responses to previous requests, committee chair bennie thompson is requesting more documents from meta and other companies including google. they're looking into the role that social media played in the spread of misinformation and violent extremism leading up to the insurrection. in the subpoenas, thompson accuses alphabet of failing to turn over documents about is policies and content moderation. the chairman claims meta is withholding records about the disbandment of facebook's so-called civic integrity team. as for reddit, thompson writes the company failed to conduct, quote, a thorough review of records in response to a request. and the committee is seeking more information from twitter about why it suspended the account of former president donald trump following the capitol attack. in separate statements, alphabet, meta, and reddit write they are cooperating with the committee's request. twitter so far has declined comment. also, house minority leader kevin mccarthy is once again defending his decision not to cooperate with the january 6th investigation. in an interview yesterday, mccarthy claimed he had no information to provide to the committee about his phone call with former president trump during the riot. the house committee has said it will not rule out subpoenaing the republican, though the legality remains in question. it will be a political firestorm. he's the gop leader. mccarthy was also pressed yesterday about his comments in the days following the riot where he placed blame for the attack squarely on the shoulders of trump. >> a year ago today on january 13th, 2021, you said that the president -- [ indiscernible ] immediately denounce the mob. i wonder if you still stand by those kmoemts, and also a few days after that, you went down to visit the former president in mar-a-lago. why did you make that threat? >> what changed? why did i make the threat? >> what changed from what you said on the floor, criticizing him saying he was -- >> my criticism went to everyone on that day. whoo was the capitol so ill-prepared? [ indiscernible ] >> why was the capitol so ill-prepared that day, and how do you make sure it will never be ill-prepared again. >> that's not an answer. good job. still ahead, australia doubles down on novak djokovic, the top-ranked tennis player is facing deportation again. plus, new talks but no deal. the mlb lockout has spring training in serious doubt this morning. that's not the news we need today. "way too early" coming right back. today. 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(vo) verizon is going ultra, so you can too. well, would you look at that? jerry, you gotta see this. seen it. trust me, after 15 walks... gets a little old. i really should be retired by now. wish i'd invested when i had the chance... to the moon! ugh. unbelievable. the supreme court heard oral arguments on tuesday. neil gorsuch was the only one purportedly not wearing a face mask. >> unvaccinated tennis star novak djokovic faces deportation again after the australian government revoked his visa for a second time. australian's immigration minister announcing in a statement this morning his decision to cancel the visa held by djokovic on the basis that it was in the public's interest to do so. the country's strict border rules require all non-australian arrivals must be vaccinated to enter the country. djokovic's lawyers are expected to appeal in court as they successfully did the first time when the visa was canceled when djokovic arrived in australia last week and claimed a medical exemming that was rejected by border officials. he may apply for an australian visa for three years. that would take away his chance to play in the grand slam for quite some time. he admitted he gave a false statement on his travel form in order to get into the country and failed to immediately isolate after testing position active for covid in serbia last month, adding scrutiny to serbian officials and social media. he blamed human error and his support team, not his human error. if djokovic is not allowed to stay and defend his open title, his next opportunity will be at the french open in may. we'll find out what happens over the weekend. despite surging cases in the coronavirus, the nba is scaling back its testing of players, coaches, and other e employees. the league informed teams yesterday that daily test willing end after tomorrow. now, that does not include those who are symptomatic, exposed to an infected person, or under the league's enhanced directive. now let's go to the court. let's go to milwaukee. finals, mvp giannis. he just needs one name. 30 points, 11 rebounds, and 11 assists for his third triple for the season leading the bucks to an easy 118-99 win over the golden state warriors. the warriors have now lost four of their last five games despite the return of klay thompson. and we've got a stun oretown college court out west in los angeles. unranked oregon upset number three ucla in overtime. the 84-81 victory is number 7 00 in the career of ducks coach. good news and bad news in major league baseball. they had a talk in order to return from the worst stoppage in 1995. here's the bad news. the league and players union appeared to make little progress on the lockout occurred. in a session the a.p. reports they made a report on economic issues. the league said they would respond but would not commit to a specific date. the meeting came about five weeks before the schedule started spring training workouts on february 16th. a deal would need to be reached by late next month or early march to allow the minimum for training ahead of the current opening day set for march 31st. you'll hear it if there me again. get this done. you can't miss regular season games. >> the pittsburgh steelers' mike thompson is once again nfl's only black head coach after texas fired their head coach following their 4-13 regular season in his first year at the helm. the team describing his ouster philosophical differences between the coach and the organization's general manager. the nfl playoffs kick off tomorrow. ten of the 14 teams compete in wild-card games this weekend with two more playing in the monday night matchup. the green bay packers and tennessee titans are the top seeds and get a week off as respective leaders in their conferences. let's go to the weather now. meteorologist bill karins is here. in my eyes -- i know the storm is coming -- but the forecast i care most about, buffalo, new york. tomorrow, new england patriots go on the road to play the buffalo bills then. how cold is it going to be? >> i mean it's buffalo in january, so you expect it to be cold. you just hope it's not going to be sleet or snow. it doesn't look to be anything falling from the sky, but it will be cold. windchills as low as negative 10. it will be a cold football game, but i won't be that windy and it will be dry, so they should do all right. let's get into the big storm that will be traveling over the country in the next four ddays. in all we now have 37 million people in your winter weather advisories or winter storm watches or winter storm warnings. you can kind of get the general idea where the worst of the storm is going to be by following the colors. notice along the east coast, it looks like rain. they're not under a winter storm watch. the storm dives from areas like sioux falls, mankato, des moines, and ames. kansas city could get a little of it, but not the bulk of it. by the time we get to saturday, even little rock will get into the fun and get snow. eventually it will turn from snow to rain in memphis. sunday will be very messy. you don't want to be traveling on 81 through the appalachians. charlottesville could get snow on the backside. raleigh, mostly rain. d.c., philly, and new york, sunday night, you get a burst of snow then over to rain. and by the time we get through monday, the storm is moving out through northern new england. it will be cold enough for snow. so the big snow resorts in the northeast will like this. the snow totals today, we're looking at 6 to 9 inches in iowa, minnesota. minneapolis, 3 inches. same for kansas city and st. louis. from memphis to nashville, 1 to 3 inches likely. the heavier snow totals will be over the appalachians. pittsburgh will have enough to plow snow out of this, 6 to 9 inches. buffalo, rochester, syracuse, you'll get good snow. our folks around new england will get 6 inches. d.c. and boston, 1 to 2 inches of rain. not a huge deal. the only thing we have to watch out for, we could get an ice storm from columbia, north carolina-charlotte to raleigh. that will be of concern. no one likes ice. we can deal with snow, especially in the middle of winter. ice storms and power outages, that's not what we like to deal with. >> no one likes ice. bill karins, thanks for all. have a great weekend. still ahead, between inflation, vaccine mandates, and voting rights, it's been a tough couple of days for president biden. i'll be joined by elise jordan and michael beschloss to talk about the lessons learned this week. but before we go to break, we want to know why are you awake? 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>> jonathan, i think it's a mess because you can't control necessarily the pandemic. it's not over. so this is lingering, and there's so much fatigue among voters everywhere, and i think it's just going to continue to be a problem as long as, you know, they're shifting messages from the public health officials, too, which understandably happens as science changes. but when the messages has been all over the place, that makes an all-over-the-place message for the biden administration and it doesn't confirm the promise to the voters when he was elected. >> the cdc has certainly come under scrutiny for its varied messages. michael, i want to play you a clip from a few days ago. take a listen. >> 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 bo connor? do you want to be on the side of abraham lincoln or jefferson davis? >> some of the president's allies thought he might have gone a little farther, but others say it was exactly what he needed to put out there. could you put that into some historical context, what we heard from president biden? >> i thought it was very much called for. and, jon, i know you come from lowell, massachusetts, one of my favorite cities. you've got a new maier up there, excellent new mayor, from everything i've heard. you went to lowell catholic. excellent. you were taught about lexington. lowell sent a lot of union soldiers who fought in the civil war for freedom. if historians look back on this week in history, what they're going to look back on is the fact that the danger signs are blinking for democracy. our elections are in jeopardy. the democracy -- the cornerstone of democracy is fair elections that can be believed and having their correct results announced by officials who are not partisan. all of that is in jeopardy. at the same time this week we've been learning more and more about how close we came to losing big parts of our democracy on january 6th a year ago. so, you know, looking at this -- back on this through a long lens, here we are with democracy and freedom in the balance just as it was in lexington, just as it was in the civil war, just as president biden said. and i think looking back on future americans, and i hope there are future americans a century from now will say what did we all do to save our democracy that week in january of 2022. >> a historic new mayor, i believe the first cambodian mayor in the country. elise, i don't want to overstate this, but we did hear from more senate rchs this week push back, at least a little, against donald trump's big lie. what's your sense of this. is this any sign that the fever is breaking or is this a momentary wobble and republicans will largely stay in line behind whatever trump says? >> donald trump still has the power, so i do not think for a moment that it's really going away, but let's hope the fever will break. it. was right after january 6th that so many republicans were saying this is awful, but as the memories were perceived that day, republicans are trying to say, oh, this wasn't that big of a deal. so let's just hope that people are coming together more for a shared collective history of the fact of what actually happened. >> so, michael, in the past, national crises have brought the country together. we remember at least initially what happened after september 11th. that's just one example. why do you suppose the same did not happen with this covid pandemic? >> i think one problem is that unlike most of american history, you know, we don't get our news from the same place and we are deeply divided. let's say as long as we're talking about crises, jon, let's say this was paeshl harbor. if pearl harbor happened nowadays, as we know in 1941, people were united especially against the war. there were a lot in lowell, massachusetts, by the way, who were very concerned about that, but the second that pearl harbor happened, almost every american said this is a crisis of world importance, we will send members of our family to risk their lives to make sure that freedom is defended in the united states and around the world. i hate to say it, but if pearl harbor happened nowadays with social media and other forms of misinformation, there would be a lot of people in america who would think this was all a plot or all something that didn't really happen, there was no such attack. other people would say, why should we go to war just because the japanese dropped some of bombs on some ships in pearl harbor. it was much easier in 1941 for president franklin roosevelt to say to americans this was an act of war. we had to respond as a country. there's no overwhelming voice nowadays including that of president biden. >> we're both pleased you were here. come back soon. have a great weekend. i will say on this note from michael beschloss, i hope we still have americans 100 years from now. me too. still ahead, we'll go live to cnbc for an early look at what's driving the day on wall street. plus, royal titles stripped. queen elizabeth takes action against one of her own sons ahead of a several trial. 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ugh. unbelievable. time now for business. for that we bring in cnbc's julianna tatelbaum. technology stocks dragged down the u.s. indices yesterday leaving the nasdaq composite at its lowest close since october. how big of a red flag is that for investors? >> jonathan, this is the ultimate question that investors on both sides of the atlantic are asking, is it time to get out of u.s. technology stocks in a big way? and on the one hand, you've seen an extraordinary run with some of the u.s. tech giants throughout the course of the pandemic, and now they're looking very expensive compared to other stocks ochbl the other hand, companies are growing fast and they're well liked by the retail community. in the past, retail investors have come in, bought them when the shares were down and propped the stocks back up. one thing that's different now to recent years that the federal reserve is raising interest rate this year which makes the futures earnings look less attractive, but interestingly increasingly market strategists are saying we should break down tech, and those companies that are profitable and growing are still worthwhile, but those companies that are really hyped and not profitable, maybe turn away from those. >> mortgage rates have hit their highest level since march 2020, which, of course, we all know that's the month the pandemic took hold in the united states. could these higher rates push some buyers out of the market? >> well, especially, jonathan, given that these higher mortgage rates are coming alongside a rise in home prices, yes. there is concern that this could push home buyers out of the market. expectations that the federal reserve is going to raise interest rate this year as i mentioned three or four times depending on who you ask is a big part of what's driving mortgage rates higher. they're very closely tied to the u.s. treasury note, which has seen an escalation in its yield over recent weeks. now, combine that with record-high home prices, and this could push buyers out of the market. interestingly, we have seen an uptick in mortgage applications. last week mortgage applications to purchase a home rose2% ahead of the week previous. >> you wear too many business hats, film critic and british correspondent. prince andrew has returned his military patronage to the queen a day after a civilian lawsuit accuses him of sexual abuse. what's the latest and what's the reaction there in. >> well, jonathan, this got a ton of attention yesterday, and that says a lot because there's been a lot of news in the political space here in the uk. prince andrew, who is the son of the queen, was stripped by the queen of his military and royal affiliations, and this comes as he continues fighting a new york lawsuit that accuses him of sexually abusing an underaged girl who was under the sphere of influence. now, according to sources, this means that andrew will no longer use his royal highness in any official capacity, and in a statement from buckingham palace, the duke of york will continue not to undertake any public duties and is defending this case as a private citizen. now, andrew denies the allegations. he says he doesn't recall ever meeting his accuser, but also worth noting, this statement from buckingham place came hours after the queen receiving a letter signed by more than 150 veterans of the royal navy, air force, and army calling on her to strip him of his title. so this is definitely something britons are watching quite closely. >> i can't imagine. live from london, cnbc's julianna tadle bottom. have a great weekend. still ahead, a new plan but the republican national committee that might leave contenders on the debate stage. and a look at this date in history. 70 years ago the nbc's "today" show debuted with dave garroway as the >> host:. there you go. >> if it doesn't sound too revolutionary, i really believe it begins a new kind of television. lly believe it begins a new kind of it begins a new kind of television kidding me?! 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