the question is can we actually focus on the tennis now? it's "way too early" for this. ♪♪ good morning and welcome to "way too early," the show that honors the legacy of dr. martin luther king jr. today. i'm jonathan lemire on this monday, january 17th. we'll start right there with the news. today the nation is remembering the civility rights leader who was as sass nated in 1968. he would have celebrated his 93rd birthday on saturday. king's day is honored as a member of civil service around the country. president joe biden and first lady jill biden volunteered at a food bank in philadelphia, highlighting the challenges facing many american families. >> how have you been? >> i'm doing well. [ indiscernible ] >> the monthly child tax credit just mentioned there was part of the president's $1.9 trillion coronavirus aid package, but the relief ended in december for millions of americans after senator joe manchin objected to extending it saying the money will discourage people from working. the senate, meanwhile, is expected to vote this week on voting rights legislation despite it may seem doomed to fail. majority leader chuck schumer says the chamber will take up a pair of bills tomorrow aimed at strengthening voter rights laws, but it will lack the ten republican votes needed to pass. to clear this hurdle, democratic leadership has shifted its focus to ending the filibuster, which would allow the bill to pass by simple majority vote, but that, too, seems unlikely with democratic senators joe manchin and kyrsten sinema coming out against any reform measure. where there could be progress, however, is on the bill to reform the electoral count act. yesterday republican senator mitt romney announced bipartisan efforts were under way for a bill to clarify the vice president's role to certified voting. >> the group of about 12 senators, republicans and senators that are working on the electoral count act, will continue to work together. sadly this election reform bill that the president has been pushing, i never got a call on that from the white house. there was no negotiation bringing republicans and democrats together to try to come up with something that would meet bipartisan interest. sure, we can work together on almost every issue where there's common ground. >> clarifying the role of the vice president is important because, let's recall, president trump and his allies back in 2021 pushed then vice president pence to not certify joe biden's win in front of congress on january 6th. a group of republicans are under federal investigation for submitting a document which falsely claimed that trump won their state in the 2020 election. this was all connected. the probe is foe caughted around 16 lawmakers who signed the letter in 20 refuting joe biden's win by 150,000 votes in michigan. that document was reportedly sent to the u.s. senate and district court after the police blocked the group from entering the state capitol on the day the michigan electoral ballots were cast. >> under state law, i think clearly you have forgery of a public record, which is a 14-year offense, and election law, which is a five-year act. but what we have decided to do, various different false slated electors from seven different states in what seems to be a coordinated effort between the republican parties in various different states, we think this is a matter that is best ged and potentially prosecuted by the feds. >> and you can hear more from michigan's attorney general when she joining "morning joe" a little later this morning. >> election officials in texas say hundreds of mail-in votes are now being ejected because of the state's new voting law passed by republicans last year. the applications have to include a driver's license number or the last four digits of a social security number. if the elections office does not have either of those numbers in its records, the voting will be denied. in travis county, officials say they have rejected almost half of the mail-in requests. and in san antonio, they tell "the texas tribune" this, it's disturbing that our senior citizens who have relish and embraced voting by may are now having to jump through some hoops, and it's upsetting when we have to send a rejection letter when we can see they've voted for us. former president trump, he was in arizona over the weekend for his first rally of the year. he spent a lot of time repeating his false claims that the 2020 election was stolen. >>then we have this fake election, this horrible, disgraceful election -- and by the way, a person that comes here -- and we're all together. a person that comes here and has crowds that go further than any eye can see, there's nobody who can see the end of this route, and has cars that stretch out for 25 miles, that's not somebody that lost an election and now because of it our country is being destroyed. >> two fact-checks here. one, the election was not stolen. two, the kais were not lined up for 25 miles. the former president also warned republicans he would not support them unless they support his false claims of a stolen election. joining us now, white house reporter for "bloomberg news," my friend joran wingrove like me spent entirely too much time this weekend watching college football. i do want to talk to you about voting rights legislation. the senate is expecting to vote on it this week. it's not looking hopeful. we heard manchin and sinema come out last week against any flb reform. they came out as the presidential motorcade was warming up to drive the president from the white house to the capitol. so how do we see this vote playing out this week? >> well, i think the effort on the part of president biden is at least half the battle. he wanted to pivot to this because there's been calls from civil rights groups, black voters, others, big parts of the democratic base saying, a, they haven't done anything on it, and, b, they haven't seemed to be placing a top priority on it. of course, president biden and much of his administration were trying to pass that build back better act, which they were negotiating with senator joe manchin and kyrsten sinema as well. they began to urge this push because of the january 6th attack on the capitol. now, my colleague has written a peefrs the weekend looking at real warning signs for democrats. jim clyburn warning of bleak, bleak, bleak outlooks for the midterm elections for democrats if they can't be something or at least be seen to be dog something on thissed on the approval rating of president biden falling as well. this is the landscape. we're going to see a push on this. as i mentioned, there's no path for these two bills in particular. other measures perhaps. but the question is does him taking the action of pushing for it, is that enough of a sign for some people who have been calling for this to say, at least joe biden is on our side on an issue they think has been on the back burner too much. and, of course, the risk for biden is a stall, another sort of staal, defeat for him after the collapse or at least shall we say dormancy for now of the build back better package. >> dormancy seems like the right word for sure. the african-american vote is a key part of the democratic base. in many ways it gave joe biden the win in 2020. you know, there's been a lot of pressure. some civil rights groups have said, hey, we want to see something done by mlk day. that's today. nothing's been done. if these bills don't go anywhere outside of more powerful speeches, what are the other options that white house officials are considering for the months ahead ahead of the midterms where it could get ugly? >> i think there are calls do what donald trump did that a lot of presidents do, something that requires executive action, even if it's symbolic. they tend not to have the teeth the president says they do. we'll see on. that broadly i think we will see president biden pivot back on those talks this week. of course, john, it's the anniversary of his inauguration that's reflecting the year that's been the year. democrats think they have a good story to tell, you know. they passed the arp, the infrastructure bill, other things to keep the base happy. clearly they've acknowledged they don't think the message is getting out. democrats have a problem whether it's the message or messenger on any anyany given issue. there will be a formal press conference at the white house, but as you say, all eyes will be on what they can do on voting rights if these two bills fail as unfortunately for democrats it looks to be the case. >> the biden administration hits the mark on thursday. we'll have complete coverage all week on "way too early." thank you so much. president biden is calling the hostage situation in a synagogue in the dallas area over the weekend an act of terror. the fbi yesterday identified the man who held the rabbi and several others hostage for ten hours before he was killed in a s.w.a.t. team raid. nbc news correspondent morgan chesky has more. >> reporter: the fbi combing the scene near congregation becht israel synagogue where authorities say a gunman held four people hostage for 12 hours before his death t president making his stance clear. >> this was an an act of terror. this was an act of terror. >> reporter: the suspect had been identified and police say he entered the synagogue and took four hostages, his voice heard on livestream on the sabbath service. his demands, the release of a federal prisoner some 20 miles away, aafia siddiqui accused of murdering. the fbi said the negotiators made contact and several hours in he released one hostage unharmed. another still trapped inside said the gunman became more belligerent and threatening as the hours went by. his brother alleging the remaining hoss tax were released by a fire door, not rescued. police haven't verified these details, but this video shows three people leaving what appears to be a side door as teams move in, confirming the suspect's death minutes later. the family said, my brother was suffering from mental health issues and there was nothing we could have said to him or done that could have convinced him to surrender. >> when you got the word that everyone made it out okay -- >> yeah. it's a -- like a release of tears and anxiety and stress and thankfulness and praise and worry and all of those all at once. >> reporter: the rabbi now back with his family posting in part, i am grateful that we made it out. i am grateful to be alive. >> our thanks to nbc's morgan chesky for that report. a senior law enforcement official tells nbc news that akrim's two teenage sons have been detainedin england saying he was in touch with them after the hostage situation began. still ahead, tensions increase between russia and ukraine. now moscow is accused of a serious cyber attack. plus, we're learning more about the lead over the oath keepers, and new details about the group's plans for the capitol. those stories and a check on the weather when we come right back. weather when we come right back. ♪3, 4♪ ♪ ♪hey♪ ♪ ♪are you ready for me♪ ♪are you ready♪ ♪are you ready♪ hi, i'm debra. i'm from colorado. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life. are you tired of clean clothes that just don't smell clean? what if your clothes could stay fresh for weeks? now they can. downy unstopables in-wash scent boosters keep your laundry smelling fresh waaaay longer than detergent alone. pour a cap of downy unstopables into your washing machine before each load. and enjoy fresher smelling laundry. if you want laundry to smell fresh for weeks make sure you have downy unstopables in-wash scent boosters. shop online for downy unstopables, including our new, lighter scent. moscow is pushing back on allegations there are russian troops on ukrainian soil saying the troops are necessary amid a, quote, very tense situation with nato. speaking to cnn, this is what a centimeter lynn spokesperson said yesterday. >> well, first of all, there are no russian troops in ukraine. there are no russian troops in done bass. there are russian troops on the soil next to the ukrainian soil. >> his comments come as the kremlin has moved nearly 100,000 troops near the ukrainian border raising fears they plan to invade ukraine again. meanwhile ukraine is blaming russia for cyber attacks, blaming they're engaged in a, quote, hybrid war. at least seven ukraiian government cites were infected with malware on friday. jake sullivan yesterday said the attack is, quote, part of the russian playbook, adding that the u.s. is working with private companies to determine the source of the attacks. north korea test-fired two short-range ballistic missiles in the water off the coast of japan according to south korean and japanese officials. the missiles were reportedly launched from pyongyang around 4:30. the missiles flew roughly 200 miles to the northeast before landing in the ocean. the missile tests are raising tensions at a sensitive time as china prepares to host the winter olympics in beijing next month and south korea gears up for its presidential election in march. experts believes the activity is in response to new sanctions the biden administration imposed last week over the north's continued test launches. >> still ahead, a wild-card in the nfl including a controversial and bone-headed ending to the cowboys and 49ers game. also, the australian open starts without the men's top ranked tennis player after novak joke vc gets deported for not being vaccinated. 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ask your health care provider today about once-weekly ozempic®. ♪ oh, oh, oh, ozempic®! ♪ you may pay as little as $25 for a 3-month prescription. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. he pleaded his case to no avail. williams is now in the back. he drops it. second time. and it's picked up by tj watt with the play alive. >> the pittsburgh defense ended a scoreless stalemate against kansas city with that scoop and score in the second quarter last night, but what should have sparked a win for the steelers, patrick mahomes proceeded to throw for over 400 yards and five touchdowns. that was a killer right before the half. he led kansas city to the end zone on six straight possessions after that turnover. pittsburgh is defeated, 42-21, and eliminated from the postseason, what was likely the final game for quarterback ben roethlisberger. the chiefs next play the bills after buffalo blew out the new england patriots, 47-17 on saturday. on the pats, they overachieved this year, they found their quarterback of the future in mac jones. they always felt like a little smoke and mirrors particularly with defense, and they got humbled saturday night. the bills never punted. they scored a touchdown on every possession until a kneel-down on the end of the game. josh allen was significant. congrats to the bills. patriots had hope for the future, but they've got a lot of work to do. meanwhile the 49ers survived the cowboys yesterday barely. trailing by six points, dallas was preparing for a game-winning drive but could not beat the clock. take a watch. >> this is scary. i would take a shot to the end zone when they're in the sideline defense because you can actually hold onto the ball. you need someone, san francisco, to get to the quarterback here. >> prescott takes off running the football. whoa, i don't think this is going to work out. >> you know what they were planning for. it's downtown. oh, my gosh. >> the official gets in the way. the game's over. >> oh, my gosh. >> the game is over. >> are you kidding me. it's a q.b. draw for one final play, but the cowboys as we just saw, and tony romo was all over, they were unable to get back to the line in time before the clock ran out. the 49ers win, 23-17. how do you that? how do you not end the game with at least one shot to the end zone? they probably could have taken two if they skipped the run. the cowboys have had their share of bad losses in 30 years. that is right near the top. the san francisco 49ers now face the top seeded green bay packers next weekend. on to tampa, tom brady, there he is. he's now one win closer to his eighth super bowl title after leading the tampa bay buccaneers to an easy victory over the philadelphia eagles. the the 44-year-old but ageless quarterback tossed the ball. his overall playoff record now, i believe, is 34-11. that's insane. the tampa defense intercepted jalen hurts twice. the bucs roll. they beat eagles, 31-15. tampa will host either the arizona cardinals or los angeles rams next weekend after those two teams square off tonight. i'm not used to a "monday night football" playoff game. and now here's a look at the matchups. the tennessee titans after earning a first round buy will host the cincinnati bengals. after the bengals won their first playoff game in 31 years saturday with a 26-19 victory over the las vegas raiders. bills/chiefs will be epic sunday night. the australian open is under way but it does not include the unvaccinated novak djokovic. the world class number one is headed back home. they canceled his visa on public interest grounds. there was a fueled debate over covid vaccine mandates. in a statement following a deportation order djokovic said he was, quote, extremely disappointed by the ruling and said he would respect it and would cooperate with the authorities in relation to his departure from the country it. usual also include as three-year ban of returning to australia. he may not be playing that open again for a while. he was seeking a 21st grand slam singles title and tenth australian open. it leaves rafael nadal on his own in the race. federer is out with an injury. nadal advanced in straight sets after his first appearance at the major tournament since his loss to djokovic in last year's french open. time now for the weather. and let's go to meteorologist michelle grossman. michelle, hope your weekend was nice. what's it looking like out there today? >> it was nice. but, listen, i'm an eagles fan, so it was about just as nice as yours was being a patriots fan. we've been tracking this storm all week long, since last thursday. we have alerts in place. 51 million impacted. where you see the pink, that's your winter storm warning. this is what it looks like on radar right now. we have heavy snow falling in western pennsylvania and new york and also new england. we had heavy rain along the coastline of new jersey, into new york and new england. there's a threat for coastal flooding. we'll be tracking this as it moves off to the north and to canada finally by tuesday. still ahead, the select committee investigating the attack on the capitol pushes for more testimony. the latest official in the trump administration to talk to lawmakers. >> but before we go to break, we want to know, why are you awake? email your reasons to [email protected] or tweet me @jonlemire. be sure to use the #waytooearly. we'll read a few of our favorite answers later in the show. few e answers later in the show. ♪3, 4♪ ♪ ♪hey♪ ♪ ♪are you ready for me♪ ♪are you ready♪ ♪are you ready♪ (judith) in this market, you'll find fisher investments is different than other money managers. 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(judith) yep, we do better when our clients do better. at fisher investments we're clearly different. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. do you struggle with occasional nerve aches in your hands or feet? try nervivenerve relief from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. inner voice (sneaker shop owner): i'm surprising my team with a preview of the latest sneaker drop. because i can answer any question about any shoe. but i'm stumped when it comes to payroll. intuit quickbooks helps you easily run payroll in less than 5 minutes... ...so you can stay... one step ahead. find your rhythm. .. your happy place.. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. welcome back to "way too early." it's 5:32 on the east coast, 2:32 out west. i'm jonathan lemire. we're learning more about stewart rhodes, the founder and leader of the oath keepers who's been charged with seditious conspiracy for his involvement with the january 6th attack on the capitol. two days after the 2020 election, the oath keepers were already convinced the victory had been stolen from former president donald trump and far-right militia group was making plans to march on the u.s. capitol. rhodes wrote fellow members saying we're not getting through this without a civil war. the committee investigating the attack on the capitol met with former president trump's top pentagon official. the panel on friday met with christopher miller. he was the acting defense secretary on the day of the attack. it's still unclear what was discussed in the meeting. in december the committee met with miller's chief of staff for the pentagon who was also a top aide to representative jim jordan of ohio, a close trump ally. joining us now, former chief of staff of the cia and defense analyst jeremy bash. we're glad to have you on the show today. let's start with stewart rhodes. how much do you think that indictment will send a message to other leaders and those in the inner circle of donald trump including donald trump himself. >> let's stipulate, jonathan, first, those members of the seditious conspiracy organizations probably are so detached from reality, that i'm not sure what message any criminal indictment will send to them. but i think if you read that document, it is a chilling, absolutely chilling rendition of exactly what went into the military and tack take cal style planning by those who marched on the capital and innovated the capitol on january 6th. they not only outfitted themselves with tactical gear, they had weapons, ammunition, call signs, stack one that was going to go in one formation, stack two that was going to tactically go in and breach and assault the capitol in another formation. this was militarily planned, and this shows this wasn't just a bunch of peaceful protesters who kind of got wild and out of control. this was an armed assault on a democratic institution. i think these serious charges were exactly what was called for. >> certainly they're not brought often and they're certainly very, very serious. jeremy, let's turn to oversees. we talked about the ukraine charging russia. how does it tie tensions between the two sides and do you agree with the assessment from some analysts that say this could be a first step to an invasion? >> well, jonathan, i do think we're in a very serious and dangerous moment here. obviously the u.s. and russia engaged some preliminarily diplomatic talks last week, and we also talked to our nato allies. but i think russia is playing a very dangerous game. obviously they've invaded two countries in their region in the last decade, but they've also engaged in cyber attacks here with solar winds and interfered in elections, not only ours but others as well. these cyber attacks if they're russia-backed could be some of the opening shots fired in a campaign by russia against ukraine. i think russia has said that their attack against ukraine and against the west is going to be asymmetric. this is part and parcel of modern warfare, the cyber realm, and we have to be proo e paired not just to deter but react and counteract. >> let me ask you that. we know president biden has warned more than once, putin, hey, knock it off, these cyber attacks. they're continuing. just what could be the response to nato allies to what ukraine is claiming? >> i think some will be seen and some will be unseen, but i think it involves the full spectrum of our cyber capabilities not only to defend against the critical infrastructure but to eventually take out parts of russia's. >> jeremy bash, thank you for being here. we hope you will come back soon. still ahead, we'll go live to cnbc for a look ahead o on wall street. 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nationally give us a stance where we are. >> yes, i would agree we haven't peaked nationally but hopefully they're occurring actively mid-atlantic, northeast, kind of to give you a snap short. we the have parts of the midwest and pacific northwest and south, only hundreds of cases per 100,000 cases. i can't believe i'm saying only hundreds. but that's compared to hundreds of thousands of cases for people in the last seven days in the northeast, for example. that means we have a lot more room for people to get infected and the downstream consequences, which as you know lags by weeks of hospitalization and death. >> one of the bright spots seems to be new york state. cases in the state appear to have hit a plateau, according to data from the city and state authorities. they'll still quite high, but they seem to have peak and maybe have started to slide down. what do you think is contributing to the reduction in new cases, and could this be something that will be emulated in the country in the weeks ahead? >> jon, i hope so. i would love to say everyone went out and conscientiously did all of those mitigation factors, masks, et cetera. it's a combination of things this. virus, interestingly enough, despite different strains, has a similar pattern where it burns through a population and then recedes. that combination of that actual infection dominating and then restricting movement have played an important role. interestingly enough it's a truncated surge compared to delta and teen original wuhan strain. we're hopeful. >> dr. patel, there's been a lot in the emerging story lines. there's a front page story written in "the new york times." there are parents who have children under the age of 5 who are, of course, not yet eligible to be vaccinated. give us the sense. what's the timetable as to when children, you ow, those young kids might be able to get their shots? >> jonathan, i was hoping children under 5 would be able to get their shots today, this month. this would be the time period. unfortunately from the readout, they're not sufficient lefbls for the fda. they've added a third dose. adding a third dose within the follow-up time the fda requires for safety is going to take a little bit longer. optimistically, jonathan, march, april, maybe even into may. here's the good news. the whole household has been vaccinated. that shows them to be more protective for the health of that child. >> that is indeed a silver lining, but march, april, may, that feels like a long time. dr. patel, we appreciate it. we will talk mine who have parents of kids that's young. >> we appreciate it. early in the show, we ask all of you. why are you awake. marcus is still watching my tennis bets at australian open. i hope you didn't put anything on djokovic. kathleen wrote, i am awake so i can just hear you say the patriots got smoked. >> lisa tweeted this, i am up early because i am jet lagged from returning from switzerland. yeah, we feel really bad about your jet lag. another viewer is up way too late to share this photo because it's only midnight in hawaii and it's a full moon. i will describe this one for our friends on the radio, it's a gorgeous shot of palm tree and water and the full moon. our viewers are just rubbing it in. it's cold and rainy here in new york city here today. i won't be sending along a picture and we end with this. jessica writes, i am up way too early fuming over not making coffee because my ex is asleep on the couch and i don't want to wake him. this is one of those tweets that raise far more questions than answers including why your ex is on the couch sleeping. this concludes the edition of "way too early" before sun rise. the former vice president makes the case against democrats' push to mix the filibuster. as i mentioned, we'll hear from dana nessel. plus, the latest in the uphill battle to pass voting rights in the senate as the nation reflects the life and legacy of dr. martin luther king jr. 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>> well, you know jonathan, first of all, i am going to address this after you brought up the eagles and you despite me telling you it's way too early. >> we are suffering together. >> just turn the knife, jonathan. wow, wow. okay, no, look, you have it exactly right. the former vice president is trying to have it both ways here. you had him acknowledging the attempted coup but on the other hand he continued to support the big lie that fuelled the election and proceeded it which is the idea there is this need to address election integrity and the states are passing necessary reform to voting. he said in an op-ed that democrats are having sour grapes in trying to pass these federal election laws but it's republicans that don't like the outcome of the last election. that's the reasons these laws are being enacted full stop. democrats are the ones that are actually the party trying to address actual alarming democratic crisis we are seeing happening in states across the country and the ongoing kind of slow motion insurrection that we are witnessing and our former colleagues at the ap written about. to be clear, the founder's intention never included anybody like me a black woman and a voter -- i don't know if that's a debate we should be having. one thing i will say that he had right here is courage was displayed by a lot of people in the capitol on january 26th last year including him and many of his republican colleagues but it's really less that's who is willing to be courageous this week with voting rights on the line. >> on this mlk's day, it feels like an appropriate moment to address this. congress does not appear to be changing any time soon. what's your sense here? is there a path forward and if you think there is more can be done. the black vote may stay home this fall for the midterms and maybe even in 2024? >> you know i think that black voters have certainly been frustrated as they have seen a lot of the things that got them out to the polls in record numbers during the pandemic with voters suppression effort underway. and the rigged election aimed at the validity of their rights already in the conversation, police reform did not happen last year and voting rights went down once last year. black voters were told by joe biden that he was going to remember them once he got into office because he knew they were so responsible for not only his victory but the control of congress that black voters delivered with that victory in georgia not once but twice. >> you know i cover many of martin luther king's ceremonies, many of them work to pass laws to dr. king's work. i think we are probably going to see the virtual equivalent that's happening on social media with republicans quoting a man who was hated for what he stood for at the time of his death on his 93rd birthday. if they are looking for quotes, borrow from his 1957 speech which give us the ballot. >> erin hayes, you could not have been more right. come back soon, no football talk next time, i promise.