schumer is expected to have or begin debating two bills already passed by the house, the freedom to vote act and the john lewis voting rights advancement act. schumer is going ahead over almost sure to be defeated manchin, neither of them are agreeing to the filibuster to make those bills law. martin luther king jr.'s family led a voting rights march and afterward his son called the white house asking them to act. >> our democracy stands on the brink of serious trouble. history will be watching what happens tomorrow. black and brown americans will be watching what happens tomorrow. in 50 years, students will read about what happens tomorrow and know whether our leaders have the integrity to do the right thing. >> earlier today president biden also renewed his call for senators to pass voting rights legislation. >> it's no longer just about who gets to vote, it's about who gets to count the vote and whether your vote counts at all. it's about two insidious things, voter suppression and election subversion. it's time for every elected official in america to make it clear where they stand. it's time for every american to stand up, speak out, be heard. where do you stand? whose side are you on? >> the white house has indicated that joe biden isn't ready to give up if the voting bills don't make it out of the senate. earlier this evening one democratic member of congress indicated what joe biden may do next. >> he will sit down with the leadership and the senators who voted against this to see what can we protect? can we at least make sure that people can't be kicked off the rolls, can we at least make sure that everyone has ballot boxes and access to that? >> the "new york times" reports that the failure of the legislation means democrats will need to focus much of their time and money on voter registration and mobilization during this midterm election year. meanwhile, over in the house, all eyes are on the january 6 committee's efforts to hear from witnesses whose members say are crucial to the investigation. the "washington post" reports the panel is divided over whether to pursue subpoenas targeting former vice president mike pence. house republican leader kevin mccarthy and congressman jim jordan and scott perry. according to the "washington post," quote, some members of the committee, including the vice chair liz cheney have signaled an aggressive posture, while others, including the chairman bennie g. thompson, has sounded notes of skepticism that such subpoenas could be enforced, end quote. also tonight we're following the latest on an act of terror that took place over the weekend, targeting a synagogue in ft. worth, texas. the gunman took a rabbi and others hostage in beth israel synagogue during live services. it was a british national named akram. there was a 10-hour standoff with law enforcement that ended when the hostages escaped. a law enforcement official said the gunman was killed by authorities. people described their ordeal. >> it was during prayer. while we were praying, my back was turned, and i heard a click. it could have been anything. it was the last hour or so of the standoff. he wasn't getting what he wanted. he was getting -- it didn't look good. it didn't sound good. we were very -- we were terrified. and when i saw an opportunity where he wasn't in a good position, i made sure that the two gentlemen who were still with me, that they were ready to go. the exit wasn't too far away. i told them to go. i threw a chair at the gunman and i headed for the door. and all thr of u were able to ge out without even a shot being fired. >> he said point blank he chose this synagogue because jews control the world, jews control the media, jews control the banks. i want to talk to the chief rabbi of the united states. he came to us, he terrorized us because he believed these tropes, these anti-semitic tropes -- he even said i'm coming to you because i know president biden will do things for the jews, i know president trump will do things for the jews. >> he read a statement saying, this is a terrorism-related matter by the terror task force. others said it was not specifically related to the jewish community. there is a federal prisoner being held in a texas prison from afghanistan. alexi caman from ax yoes, and the author of "it could happen here, what they're thinking and how we can stop it." and a co-host of the podcast "sisters-in-law." alexi, let me start with you. let's start with progressives, as we heard, that representative ro khanna in the introduction, do you think joe biden can get done voting rights on what they packages to be passed and for federal voting rights to be passed into law. of course that's not going to happen. as you played that clip from ro khanna, progressives are still hopeful that democrats will come to the hill and work with these leaders to find out what, if anything, is possible to help in the way of stopping these republican restrictive measures that have been implemented across the country. progressives had been working hand in glove with biden and kamala harris since bernie sanders dropped out of the presidential election since 2020 on issues around voting rights and everything else, as you know, and they really want to see something get done, but it's coming down to the states at this point, and that's why you're seeing a number of governors, democratic governors in particular, proposing their own voting rights plans to get around the fact that the president and the vice president are unable to deliver so far. >> joyce, like you said, it's coming down to the states. we understand from the runyon center for justice that 19 states have so far enacted laws that restrict voting access. talk to me about what the justice department can do about this. in theory, the justice department can invoke laws that actually exist. part of the complaint from most democrats is that some of these laws have been gutted. >> and that's exactly right. the problem that doj faces, and doj has been aggressive, by the way, despite the legal limitations that have been placed on them with lawsuits most recently in texas and in georgia, challenging restrictive acts that are designed to suppress the vote. but here's the reality. the supreme court first gutted pre-clearance, the requirement under the voting act that said before a new practice could go into place with a history of voting discrimination, someone at doj or someone in the judiciary had to look it over and decide that it was okay. that is what happened in the shelby county versus holder case. so that gutted section 5 of the act pre-clearance. then more recently, the supreme court looked at what was remaining for doj, section 2, and said, you know, doj, you can still sue over these laws, but you can only win if you prove the state legislature enacted one of these laws with an intent to discriminate. absent proof that intent was the reason for this new restriction or this new rule about voting to go into place, you're not entitled to keep it from going into effect. so very slim pickings for doj. that's why it's so important that these two pending measures clear the senate to restore protections on voting. >> as a former prosecutor, obviously proving intent is part of all prosecutions, but how do you do that with the legislature if it's not written into the law or the debates that we intend to keep certain elements or parts of the population from voting or make it harder for them to vote? how does one prove that? >> well, it's difficult, and these are civil matters, not criminal matters, so in some sense it should be easier because the burden of proof is lesser. you have to prove it's more likely than not. but the burden here is a heavy one, requiring a showing that it's this intent to interfere with voting and that there is racial animus typically the path forward in these section 2 cases. that can be a very difficult path, for instance, in a setting like the one we're currently seeing in the state legislatures where they're claiming there is pervasive fraud, then doj has the job of going back and establishing that they didn't really believe that. so, in other words, instead of having strong protections for our most important right, what we have are watered-down procedures that require years of litigation and no longer give doj its rights to vote. >> jonathan greenblatt, you and i spoke about 38 hours ago, a few hours after that terrible situation in colleyville, texas had ended. you were surprised at the time that the fbi had said that the intent of this hostage taker wasn't to target the jewish community or some such. i don't think you had the impression that that fbi agent meant to undermine the fears and the dangers that jews face in america, but it did speak to this insidious difficulty that is always faced when trying to prove that anti-semitism does create dangers for all of us. >> there's no question. i mean, i think the fbi worked so heroically over the weekend to ensure the safe release of those four people, and i think we owe them a debt of gratitude. yet the special agent in charge got it wrong when he said judaism or anti-semitism wasn't an issue. ali, let's be clear. anti-semitism was exactly the issue. someone who believes the jews control the government, the jews control the media, these are some of the oldest kenards around. they've been used for hundreds of thousands of years to persecute, justify, rationalize a persecution or ultimate slaughter or exclusion of the jewish people. i send my kids to hebrew school to learn torah, not tactical maneuvers. i find it really aggravating when i hear people say over the past few days, he was deranged, he was mentally ill. no, he was evil, going to a synagogue with the idea you're going to take people hostage is a sick and sinister thing to do. i think it really starts with words, ali. whether we have people on the far right make crazy conspiratorial claims about george soros, or again the jews controlling this, or people on the far left talking about zion as their enemies, making wild claims about the jewish state. we need people across the board, no matter what your politics or partisan leanings, to say, no, no, no, stop. anti-semitism isn't just ignorance, it's explosive and it kills people. we're just really lucky that tonight no one died in texas, you know, this past weekend. >> we are. alexa, you've been covering democrats at the state level. i was just asking joyce what the department of justice can do in the effort to sustain voting rights. what are some state-level candidates doing? >> they just mentioned, as we looked across the country not just at sitting democratic governors, the democratic candidates for governor across the country are starting to unveil their own plans for voting rights, their own plans for democracy. that's not typical in election years. you don't usually see candidates unveiling plans around voting and democracy, health care, the economy, immigration, sure, not something like this and not speaking to the moment we're in. it's folks in pennsylvania, wisconsin, new mexico, really across the country saying they believe democratic governors in particular are the last line of defense for democracy given the way republicans across the country are implementing these restrictive voting measures, and again, the way that congress is failing to pass anything on a federal level. i don't think this is something you'll see slow down. i think we'll see a number of democratic candidates, not just gubernatorial candidates, but other statewide candidates start to get into this lane and really propose their own state level issues because of what's happening or not happening on the hill. >> it's been decades since the average american thinks of themselves as a foot soldier for democracy and thinks that their vote is actually about preserving democracy, alexi. joyce, i was talking to the congressman jamie raskin who was part of the january 6 committee yesterday about the powers of that committee, what it can or can't do in terms of subpoenas and other members of congress. here's what he told me. >> look, we've got the power under article 1 of the constitution to set the rules of our own houses. we have the right to discipline members all the way up to the point of expulsion, and the speech and debate clause says the members of congress cannot be questioned for their legislative activity outside of congress, which clearly implies that within congress, we have the authority to do that. >> i always enjoy talking to jamie raskin, but he's a super smart guy and lawyer, and i need you to help us make sense of what he was saying. >> well, i think his constitutional scholarship is just dead on point here. it seems very likely to me that the committee can, in fact, subpoena members, that it has that power. the problem that they're going to face is what are they going to do about it when some of those members refuse to show up and testify? so that's the real problem that they have to sort out in advance of deciding what to do. will they go to the justice department and ask the justice department to engage in criminal prosecutions? you know, that's fraught and we're still waiting on a decision by doj about whether it will enforce the subpoena against the white house chief of staff by prosecuting him like they've already begun to prosecute steve bannon. then alternatively congress might decide to go to civil court to try to enforce these subpoenas, but that, too, is fraught. there is the question whether the courts would get in the middle of a dispute between the members, and as we all know, civil litigation takes time. this is a complicated and difficult decision. it's interesting to note that liz cheney appears to be the assertive member on this panel insisting that these subpoenas should be issued. >> that might be something our viewers think is unusual, that one of the two republicans on the committee want to take a more aggressive stance on this than perhaps even the democrats do, but jamie raskin seems to be behind that as well. jonathan, let's talk about another topic you and i were discussing yesterday, and that is extremism in general and the threat that it poses to democracy. it's part of this larger conversation we're having. what we saw in colleyville yesterday was one small thing, and it didn't end up being -- it didn't end up having the worst result, but we are in an environment where extremism thrives in america. >> there is no doubt. i mean, i think we kid ourselves when we believe there is some natural law that dictates that democracy will persist forever unless we fight for it. we've got to work to protect and preserve the liberties that are enshrined in the constitution. when we have an environment where people think it's normal for an armed militia to literally overtake the capitol, to assault police officers. and keep in mind that what happened on january 6 wasn't a surprise at adl. we track extremists and we've seen, for example, their efforts to attack the capitol building in lansing, michigan, in oregon. we hear what they're saying. extremism is a dangerous chemical that can combust and destroy our democracy. it's incumbent for all of us who care about this to recognize there is no silver bullet, right? there is no magic wand we can wave. it's going to require all segments of society, republicans and democrats. it's going to require businesses and civil society organizes like the adl to come together and push back and reclaim our democracy. whether you are conservative or liberal, we all have a stake in liberal democracy being con conserved and continue to fleurish. alexi mccammond, jonathan greenblatt and joyce vance, we appreciate you tonight. later, he's made the big lie a litmus test for republicans in the next election. that can't be good for democracy. we'll get into it. 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chase. make more of what's yours. 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. it is time for the united states senate to do its job. a landmark bill, as we all know, sits before the united states senate. the freedom to vote john lewis act. this bill presents the first real opportunity to secure the freedom to vote since the united states supreme court gutted the voting rights act nearly a decade ago. and the senate must pass this bill now. >> the biden administration had hoped to have a senate vote on voting rights in time for today's martin luther king jr. holiday. from the sounds of it, they're not ready to give up, despite all signs pointing to failure. we want to welcome tonight, simone sanders, former chief spokesperson for vice president harris. she'll be hosting an upcoming show here on msnbc and our streaming channel. tim miller, a contributor, welcome to both of you. simone, welcome to the family. it will be fun working with you on a regular basis. i think it's fair to say this may be the most meaning of the mlk jr. holiday since the holiday existed, because it's the first time since this holiday existed that we are in an active and current fight for voting rights, the very stuff martin luther king was fighting for while he was alive. >> thank you for having me tonight, ali, and i'm so excited to be here with you and with tim. i love tim, i'm a fan. can't wait to hear what he has to say. look, i think you are right, this is one of the more consequential marked mlk days in our recent history. i would argue that, and i think reverend sharpton has been here throughout the day to talk about his history throughout the years as somebody who studied dr. king and the coordinating committee. look, it's important for people to understand, as you just said, tomorrow's vote, or they may not vote until wednesday now. i'm hearing from folks on the hill that they'll decide what's going to happen tomorrow. but it is likely to fail, but what you've heard from the president and the vice president the last couple weeks is extremely important. there are levels that they have at their disposal, they directed the entirety of the federal government at the beginning of the year to mobilize their resources, to make sure the federal government is doing everything they can to make sure any american who would like to vote could be able to vote. they are putting pressure and using the bully pulpit to raise the stakes in the conversation. so what is in their power, they can do. now, the question becomes what happens after tuesday or wednesday or whatever this vote happens? does the white house explore an executive order that can stand up to the constitutional muster? those are the kind of conversations that will happen going forward. >> tim miller, one of the people who have made the argument for, hey, look, keep your filibuster but do what you've already done in the past. let it go for certain things that are of greater import. this is what representative jim clyburn said on msnbc today. >> i say to all of my friends in the senate that nobody is asking you to give up the filibuster. i wish they would stop saying that. we are asking you to do for voting rights and constitutional rights the same thing you've done for the budget. we have asked respectfully that you allow the same kind of reconciliation of constitution rights that you allow on budgetary issues. that's all. >> tim, that argument has not worked on any republicans in the senate. it's not worked on kyrsten sinema and joe manchin so far. what do you think of it? >> first, simone, welcome to the other side. the water is warm. i've made the transition. it's not too bad o here. far be it for me to push back on representative clyburn. i think on the merits of his argument, he's correct. i think that there is some practical concerns. number one, how you just led in there, ali, there are no republicans who are interested in giving an inch on this. they do not want to give the democrats any wins. i think that there potentially could be republicans that would be willing to come to the table on a smaller bill and reform the electoral count act, some of the sort of things that are certainly not up to what activists are looking for on voting rights, but i think you could maybe bring in some mitt romney, lisa murkowski types for a more tailored voting rights bill. republicans are standing in the way of what clyburn wants, and manchin and sinema are standing in the way of this. one thing that frustrated me as an outsider watching the democrats in the past year is they seem to have one card to play, which is, you know, pressure manchin and sinema, complain about the fact that manchin and sinema won't end the filibuster, and they keep coming back with the same answers. there is a little bit of the old line about insanities doing the same thing over and over again and expecting to get results. i think that there are certainly sommer its to some of sinema's points, but not wanting to give mitch mcconnell a filibuster to congress. there are merits to clyburn's points about the same points with the budget. but that argument hasn't convinced manchin or sinema. how can we put pressure on republicans by breaking these bills down and putting up the popular parts and making them vote for them. i would like more creative thinking than just hoping that yelling at senator sinema more is going to change the result. >> simone, you've been on the inside here. tell me about that, because on one hand there are people who say, this is existential. this is actually an attack on democracy as we know it. on the other hand, there are people who say, maybe we can get some percentage of what's in these two senate bills through on an individual basis and, you know, some argue that if you take these thin slices and you put it on the floor of the senate and republicans vote against it, you can then talk about the specific things that they voted against. what's the thinking on how to approach this differently? >> so there's two thing, ali. first, all of the republicans in the united states senate outside of senator lisa murkowski from alaska have refused to even vote for either of the voting rights bills being discussed which would restore the protections of the voting rights advancement act that every -- at least 16 -- maybe 13 united states senators, republicans, who served in 2006 with then-senator biden voted for at that time. then the freedom to vote act, which would make a floor. so election day a national holiday, things like lines can't be longer than 30 minutes, you can give food and water to people standing in line. those are the kinds of things the freedom to vote access. the thinking in the white house has been, look, we need to at least get to a place where we as a legislative branch can debate these issues. they have been unable to do that. lisa murkowski is the only republican willing to come to the table and say, hey, i'm going to start this debate. you know where members of congress, republicans and democrats stand. they have not come to the floor. right now the white house is thinking, along with schumer and speaker pelosi, because this is not a unilateral act of the white house, this is a cohesive effort with leader schumer and speaker pelosi, that you have to get people on the record. call into question, form a vote. schumer in his detailed story last week is going to use certain things to bypass the issue of the blocking of the debate. so there will at least be a debate. the question, again, that's on the table becomes when that debate, after the debate fails, what happens when it comes to changing the senate rules? it is not just manchin and sinema, though. the white house is very well a ware there are other white house senators. it is reported senator tepster, at one point senator combs. i don't think he would be willing to do away with the voting rights. these are folks with some trepidation. i don't think the conversation and as black and white as people would like it to be. the president has to show the base that he is doing something here. the leverage and the tools in his bag that he is using, that's what you've seen in the last couple weeks, and in the last couple months privately, the vice president has traveled, convening people. what happens tuesday or wednesday when the vote comes? is there going to be an executive order from the white house? the president has already signaled that he's willing to potentially do something like that on police reform. is he willing to do something like that to pass constitutional muster for voting rights? >> simone sanders, tim miller have agreed to stay with us. we'll look into what former president trump is building with his rallies. rallies.h) yep, we do better when our clients do better. at fisher investments we're clearly different. at intra-cellular therapies, we're inspired by our circle. a circle that includes our researchers, driven by our award-winning science, who uncover new medicines to treat mental illness. it includes the compassionate healthcare professionals, the dedicated social workers, and the supportive peer counselors we work with to help improve - and even change - people's lives. moving from mental illness to mental wellness starts in our circle. this is intra-cellular therapies. amazing. jerry, you gotta to see this. seen it. trust me, after 15 walks... gets a little old. ugh 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. after my car accident, together in one place. i wondered what my case was worth. slack. where the future works. so i called the barnes firm. when that car hit my motorcycle, insurance wasn't fair. so i called the barnes firm. it was the best call i could've made. atat t bararnefirmrm, our r inry a attneysys wk hahard i could've made. atat t bararnefirmrm, to get you the best result possible. call us now and find out what your case could be worth. you u mit bebe sprisised ♪ the barnes firm injury attorneys ♪ ♪ call one eight hundred, eight million ♪ this is maybe the most important election we've ever had, but i do believe that 2024 will be even more important. this is the year we are going to take back the house. we are going to take back the senate, and we are going to take back america. this is so important. [ cheers and applause ] >> and in 2024, we are going to take back the white house. >> former president donald trump held a huge electric-style rally in florence, arizona on saturday where he repeated his election lies and embraced some of the most radical republicans in the state, in the country, in fact. "the atlantic" called it a soft launch of his 2024 presidential campaign where he made a strategy for the upcoming midterms clear. quote, this is the former president's new litmus test. you endorse the lie, he endorses you. still with us, symone sanders and tim miller. tim, donald trump really likes his rallies, but there are some republicans, according to the "new york times," who are quite concerned with the strategy he is embracing right now. i want to read you from the article, recommend cans who are concerned about mr. trump influence on candidates they believe are unelectable. the basic math of such crowded primaries are difficult to stomach. a winner could prevail with a third of the total vote which makes it more than likely that a far right candidate who is unpalliable to the broad electorate can win largely on mr. trump's endorsement. donald trump gets on one end of it and his army comes out. what do you make of it? >> i always get a chuckle out of these moderates that are so concerned about trump. there was a chance to convict him in the senate a couple months ago. we could have been rid of him once and for all. oh, well. as far as the candidates in arizona, some of the most extreme candidates were at that rally, including the leading candidate for secretary of state. she's essentially running on a campaign to promise that he would not go back to decertify the 2020 vote in arizona, taking away people's legal votes, and then presumably in 2024 only certify the election in the state if donald trump won. an extremely radical platform, unprecedented, really, in modern american histor you have candidates running for jobs like this with an explicit promise that they would only certify elections if they're candidate won. but here's something republicans should be more concerned about, that i'm more concerned about, frankly. every major candidate in arizona attended that rally. there were multiple sitting members of congress that were there, leading senate candidate blake masters who is presumably more of a mainstream-ish candidate, peter teal candidate, the favorite, the frontrunner, a former tv anchor, carrie lake spoke at that rally. she's also all in for the big lie. that arizona rally was a unity rally, and the former governor wasn't there, but he currently doesn't have a job. that was a unity rally between everyone in the party and they were all saying the 2020 election is a fraud. obviously that's false, and it needs to be -- there needs to be a recompense to it in 2024. that is extremely radical, and it's across the party, and i think that event in arizona was alarming and should be getting more attention than it is. >> symone, you were involved in the biden campaign and the biden white house. i want to read something, that they have largely succeeded feels like the best-kept secret in washington. a year ago, forecasters expected unemployment to be nearly 6% in 2021. instead it fell 3.9% in december, driven by the largest one-year drop in employment in american history. wages are high, new businesses are forming at record rates and poverty has fallen below pre-pandemic lefrlz. since 2020, americans have saved at least $2 trillion more than expected. that's not just a function of the rich getting richer. the jp morgan chase analysis found the median household's checking account balance was 50% higher in 2021 than in the months before the pandemic. why is this not resonating with more americans? why are he not seeing lower approval ratings for joe biden despite all this? >> well, i think it is twofold, really, ali. one in which i think two folks have a role to play here, if you will. the administration and also, frankly, the news media. look, i don't think that the news media should be carrying the water for the biden/harris administration or any administration, but we do have the responsibility to tell the facts. the facts are in july, it was true households had more money in their pockets, partly due to the child tax credit, which was implemented via the biden/harris administration. vice president harris and president biden, but them saying this is the worst ever, the biden administration is in the deep u.s. trouble ever, he's having the worst year ever. during that time, i think that was in the lead-up to or right before what happened in afghanistan. there were a number of things happening, but you have to report the facts, and the facts are there are great things happening in the economy. currently, though, the administration has to do due diligence in telling that story. you see cabinet officials from secretary buttigieg to secretary grandholm to going out to tout the administrations. the president and vice president have all been out. i do think there is a need to turn up the dial. during the campaign folks used to talk about meeting people in the beauty shops, the barber shops and the bible studies. that is frankly what you have to do now. covid has made that difficult and it's forced the white house to get more creative. you heard the president on friday touting his infrastructure bill, building a better america, i believe is what they're calling it now, the infrastructure law. i think you'll see more of that from the president and vice president going forward, covid allowing. the administration has to do their part now. >> thank you, symone sanders, and tim miller, always good to see you. thank you for being with us tonight. while some areas in the country are seeing decreasing covid cases, there is a warning from the surgeon general about what could be next, when "the 11th hour" continues. e 11th hour" continues you don't get much time for yourself. so when you do, make it count with crest pro-health. it protects the 8 areas dentists check for a healthier mouth. the #1 toothpaste brand in america. crest. are you taking a statin drug to reduce cholesterol? it can also deplete your coq10 levels. i recommend considering qunol coq10 along with your statin medication. the brand i trust is qunol. the omicron wave is showing some signs of waning in certain parts of the country. the "wall street journal" reports, quote, there are signs that the pandemic could be losing momentum after new infections began to slow in some of the first u.s. hot spots, including new york, firming up a trend already established in places such as south africa and the united kingdom, which were also hit early on with omicron. but the united states surgeon general warns there is still a rough road ahead. >> this is a very difficult time during this surge. we are seeing high case numbers and hospitalization rates. the good news is there are parts of the country, new york in particular and other parts of the northeast, where we are starting to see a plateau and in some cases an early decline in cases. the challenge is the entire country is not moving at the same pace. the omicron wave started later in other parts of the country, so we shouldn't expect a national peak in the coming days. the next few weeks will be tough. >> back with us, dr. oddter. he worked at the university of phoenix and now is in florida. in florida where you are, we've seen across the east coast we've still got more cases but they're increasing at a slower rate. what's your sense, given the evidence you've seen and the trends you've seen, about where we are with omicron? >> that's what feels like on the ground, too. the christmas and new year's i worked were the worst christmas and new year's i ever worked. it didn't feel like a holiday at all. quite the opposite. it was busier then than the whole time i've been here, on christmas day getting into the er. you couldn't even get to the waiting room let alone the er. that's the amount of people who were here. compared to that, it's gotten easier. that is to say we don't see a lot of covid cases. obviously hospitalizations have gone up. hospitalizations have been a week, ten days, two weeks after the cases surge, so we're now in that phase where the inpatient side is backing up but the er itself does look okay with fewer patients and the curve seems to support that as well. >> on one hand we heard the surgeon general say don't expect a peak in the coming days, and i suppose if you're -- for the first year of this virus we got b.s. about how this isn't that serious, now i think they're skewing on the other side. people want to know, when can i get back to eating in a restaurant in winter, when can i get back to a gym? what's your sense of that? >> well, i think the official answer is it's going to be case by case and county by county and city by city depending how many cases per 100,000 there is. the easier answer is, for me, i have avoided indoor dining the whole time until it is significantly controlled, and that will be quite a while. i wouldn't want to do indoor dining and indoor activities maskless. i have the perk of having weather that i can eat outdoors almost year round. obviously people in the northeast don't have that. the northeast also have fewer cases. definitely now is not the time to be doing indoor dining or gyms, et cetera. there is a lot of transmission happening, and everybody, i feel like, is getting sick. i got sick and tests are hard to come by. i think despite the fact you are vaccinated and boosted, you can still carry the disease. and having a mild form of the disease still sucks. just because it's mild doesn't mean it doesn't still stink. so now is not the time. >> dr. akhter, thank you for being with us. coming up, new reporting on yet another factor that could lead to more delays and cancellations at the airport when "the 11th hour" continues. h 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. 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[sigh of relief.] slack. where the future works. at fidelity, your dedicated advisor will help you create a comprehensive wealth plan for your full financial picture. with the right balance of risk and reward. so you can enjoy more of...this. this is the planning effect. the last thing before we go tonight, in a july 1963 television interview, the reverend dr. martin luther king jr. was asked if the civil right bill that president kennedy was working on should be put to a nationwide vote. you'll notice in his response he voices frustrations with the u.s. senate that we still face today. >> well, it would certainly be all right with me because i think the vast majority of people in the united states would vote favorably for such a bill. i think the tragedy is that we have a congress with a senate that has a minority of misguided senators who will use the filibuster to keep the majority of people from even voting. they want the majority senators' vote and certainly they wouldn't want the majority of people to vote because they know they do not represent the majority of the american people, in fact, they represent their own states, a very small minority. >> insightful words from dr. martin luther king jr. to end our broadcast for this monday night. with our thanks for being with us, on behalf of all of my colleagues at the networks of nbc news, good night. night first of all, i want you to see if you notice a pattern here. i will show you something. and i want to see if you can sense some consistency overtime here. i am going to put a date stamp at the corner of the screen so you could see when all of these have been. let's see if you could pick up on the pattern among them. watch. >> after ascertainment has been had, if the certificates are authentic, correct and form, the tellers will count and make a list of the votes count by electors. >> after ascertainment has been