senators to pass voting rights legislations. >> it's no longer just about who gets the vote. it's about who gets to count the votes. and whether your vote counted on. it's about two insidious things, voter suppression and militia insufficient. 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? who's 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 the congress indicated what joe biden may do next. >> he will sit down with the leadership and the senators who voted against to see what can we protect. can we at least make sure that people can't be kicked off their roles? can we at least make sure everybody has ballot boxes and address to that? >> the new york times reports that the federal voting rights means that the democrats will need to focus their time and money on voter registration and the mobilization during this midterm election year. meanwhile, over in the house, all eyes are on the january six committees effort to hear from witnesses who members say, are crucial to the investigation. the washington post reports, the panel is divided over whether the pursue of subpoenas targeting former vice president, mike pence. kevin mccarthy, jim jordan, and scott perry. according to the washington post, some members of the committee including the vice chair, liz cheney, has signaled and aggressive posture while others including the chairman bennie g thompson have said notes that such subpoenas could be enforced. also tonight, we are following the latest on an active terror attack in texas. on saturday, a gunman took the rabbi and others hostage at a congregation during life stream service. the fbi says the gunman was a british national named -- >> they were held for hours, that ended when the hostages escaped. a senior law enforcement official told nbc news that the gunman was shot and killed by authorities. earlier today, some captive described their ordeal. >> it was during prayer while we were praying and my back was turned, i heard a click. and it could've been anything, and it turned out that it was his gun. the last hour, or so, of the standoff he wasn't getting what he wanted. it didn't look good. it didn't sound good. we were terrified. and when i saw an opportunity where he wasn't in a good position, i asked to make sure that the two gentlemen who were still with me, that they were ready to go that 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 three of us were able to get out without even - a shot being fired. >> he said, that he shows this synagogue because jews control of the world, jews control the media, jewels control the bags. 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 also said at one point that i came to you because president biden will do things for the truth. i know president trump will do things for the truth. >> the fbi, on sunday, issued a statement that read, quote, this is a terrorism related matter. in which the jewish committee was targeted. and it's being investigated by the joint terrorism task force. now that statement follows remarks saturday from the special agent in charge of the fbi's dulles office that the government's actions were, quote, not specifically related to the jewish community. during the standoff the gunman asked the release of a prisoner held in north texas after being convicted in 2010 of attacked and declare american soldiers in afghanistan. with that, let's bring in our lead off guests on this monday night. alexi mccammond, political reporter for axios. jonathan greenblatt, editor of the new book, it could happen here. why america is tipping from hate to the unthinkable and how we could stop it. also joining us, former united states attorney, joyce white vance, who spent 25 years at the federal prosecutor. yes she is the cohost of a podcast, sisters in law. welcome to all three of you. thank you for being with us. alexi, let me start with you. let's talk about what progressives, democrats in general, as we heard from representative ro khanna said in the introduction, think that joe biden can get done on voting rights and what they want him to do? >> well thanks for having me. it's good to see all of. you what we know for sure is that progressives want both of these packages to be passed. and for federal voting rights to be passed into law. of course it's not going to happen. as you played that clip from congressman ro khanna. you are hearing our progresses are still hopeful that president biden will be able to come to the hills even as this fills on tuesday 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 have been working hand in glove with biden and kamala harris since bernie sanders tied the presidential election in 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 is why you're seeing a number of governors, democratic governors in particular, proposing their own ideas to get -- get around the idea that the president is unable to deliver so far. >> joyce white vance, and as you said, we understand 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 enforce laws that actually exists. but part of the complete among democrats is that some of these laws have been gutted. >> and that is exactly right. the problem that doj faces, and doj has been aggressive 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 guided preclearance. the requirement under the voting act that said, before a new law or new practice could go into place in a jurisdiction with the history of voting discrimination, someone a doj, or someone in the judiciary have to look at over and side that it was okay. that is what happened at the shelby county case. so that gutted section five of that. preclearance. and then more recently, the supreme court looked at what was remaining for doj section two. and you know, doj can still sue over this law. but you can only win if you prove a state legislature in acted one of these laws with an intent to discriminate. and absent prove that intent was the reason for this new restriction or this new role of that vote to go into place. you are not entitled to keep it from going into effect. so very slim pickings for doj. that is why it's so important that these two pending measures clear the senate to restore protections on voting. joyce, as a prosecutor, proving intent's import of all prosecutions. but how do you do that with the legislature? if it's not written into the law or in 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 manners. so in some sense, it should be easier. because the burden of proof is less. so you have to prove that 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 there's racial animus. it's typically the path forward in the section two cases. and that could 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 that there is pervasive fraud. and 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 a watered down procedures that require years of litigation and no longer give doj the opportunity to protect citizens rights to vote. jonathan greenblatt, you and i spoke 38 hours ago just after that terrible situation had ended. and you are 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 the fbi agent meant to undermine the fears and the dangers that jews face in america. but it did speak to the insidious difficulty that is always faced one trying to prove that antisemitism does create dangerous for all of us. >> there is no question. i think the fbi worked so heroically over the weekend to ensure the safe relief of those four people. and i think we owe them a debt of gratitude. especially when he got it wrong for saying judaism or antisemitism wasn't an issue. antisemitism was exactly the issue. the idea that someone doesn't believe that the jews control the government, the jews control the media, these are some of the oldest continent alarmed. they have been used over 100 and thousands of years to prosecute, to justify, rationalize the persecution and ultimate slaughter or expulsion of the jewish people. and i mean, you know, i send my kids to hebrew school to learn the tour. not tactical maneuvers. i find it aggravating when i hear that he was deranged, he was mentally ill. no, he was evil. going into a synagogue with the idea that you are going to take people hostage is a sick and sinister thing to do. and i think it really starts with words, ali. you know, whether we are people on the far-right make crazy conspiracy claims about the jews controlling something. or the people on the far left talking about how they're making enemies, making what claims about the jewish state. we need people across the board, no matter what the politics to say, no. stop. antisemitism isn't just ignorance. it's explosive and it kills people. we're just really lucky that, tonight, no one died in texas. >> yes we are. you've been covering democratic candidates at the state level. i was just asking joyce with the department of justice can do in the effort to assisting voting rights. what are some state level candidates? >> as i just mentioned, as we look across the country, not just a in a democratic governor, the democratic governors are trying to unveil their own plans for voting rights. their own plans for democracy, ali. i know you know this. that's not typical in election years. you don't usually see candidates unveiling plans around voting rights and democracy. health care, the economy, immigration, sure. not something like this. and not speaking to the moment that we're in. it's folks in pennsylvania, pennsylvania, new mexico, really across the country saying that they believed that democratic governors in particular are the last line of defense for democracy. given the way the republicans are implementing and introducing these restrictive voting measures. and again, the way that congress is failing to pass anything on a federal level. so i don't think this is something actually going to see slowdown. i think you're going to see a number of democratic candidates, not just gubernatorial candidates by other statewide candidates trying to get into this lane and 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 about their vote is actually been about preserving democracy. joyce white vance, i was talking to the congressman jamie raskin, was part of the january six committee yesterday about the powers of that committee. what it can or can't do it in terms of subpoena and other members of congress. here's what he told me. >> look, we've got the power under article one of the constitution to set the rules of our own houses. we have the right to disciplined members all the way up to the point of expulsion. and in the speech and the big clause says the members of congress cannot be questioned for their legislative activity outside of congress. which clearly implies that within congress, we had the authority to do that. always enjoyed talking to jamie raskin, he's a supersmart guy and lawyer. i need you to help us make sense of what he was saying. >> well, i think this constitution it scholarship was just dead on point here. it seems very likely to meet that the committee can infect subpoena members. it has that power. the problem that they're going to faces what are they going to do about it when some of those members refused to sow up and testify. so that is the real problem that they have to sort out in advance for deciding what to do. will they go to the justice department and asked the justice department to engage in criminal prosecution? you know, that's fraud. and while still waiting on the decision by doj whether or not it will enforce the subpoenas against the white house chief of staff by prosecuting him like they've already done to prosecute steep bennett. and then, alternatively, they will know whether they decide to go to civil court to enforce subpoenas. but that to, has the question of whether the courts will get into the middle of the dispute between the members. and as we all know, civil litigation takes time. so, this is a complicated and difficult decision and it's interesting to know whether or not liz cheney appears to be the assertive member on this panel insisting that these subpoenas could issue. >> that might be something that our viewers think is unusual. that one of the two republicans on the committee's want to take a more aggressive stance on his. perhaps even then democrats do. jamie raskin seems to be behind that as well. jonathan, let's talk about another topic that you and i were discussing yesterday. that is, extremism in general in the threat it poses to democracy. it is part of the larger conversation that we are having. when we saw yesterday, was one small thing, and it didn't end up being the worst result. but we are in an environment where extremism thrives in america. >> there is no doubt. i think we kid ourselves when we believe that some natural law that dictates that democracy will persist forever. unless we fight for. we have got to fight to work and protect the liberties that our shrine in the constitution. when we have an environment where people think it is normal for an armed militia to literally overtake the capitol, to assault police officers, and keep in mind that will happen on january the 6th was not a surprise to us at adl. we track extremists. and we have seen, for example, their efforts to take the capitol in michigan. their efforts to attack the capital building in oregon. we hear what they're saying. i think that extremism is a dangerous chemical that can come bust and destroy our democracy. it is incumbent on all of us to care about this. to recognize that there is no silver bullet. there is no magic wand that we can wave. it is going to require all segments of society. republicans and democrats. and it's going to require businesses. civil society organizations like the adl. to come together and push back. kind of reclaim our democracy. whether you are conservative or liberal. we all have a stake in liberal democracy being preserved in continuing to flourish. >> jonathan, thank you again for the work that you do. alexei and jonathan greenblatt. there is some good economic news for the president. as much as his agenda remain stalled in congress. why are more people talking about it. i will discuss that with symone d. sanders and tim miller. that can't be good for democracy. the 11th hour, just getting underway on a monday night. a monday night a sweat before c. and saying, “no thanks...” ...to a boston cream. jardiance is a once-daily pill that can reduce the risk of cardiovascular death for adults heart disease. so, it could help save your life from a heart attack or stroke. and jardiance lowers a1c. jardiance can cause serious side effects including... ...dehydration, genital yeast or urinary tract infections, and sudden kidney problems. ketoacidosis is a serious side effect that may be fatal. a rare, but life-threatening bacterial infection in the skin of the perineum could occur. stop taking jardiance and call your doctor right away... ...if you have symptoms of this bacterial infection, ...ketoacidosis, or an allergic reaction, ...and don't take it if you're on dialysis. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. lower a1c and lower risk of a fatal heart attack? we're on it. we're on it. with jardiance. ask your doctor about jardiance. new year, new start. and now comcast business is making it easy to get going with the ready. set. save. sale. get started with fast and reliable internet and voice for $64.99 a month with a 2-year price guarantee. it's easy... with flexible installation and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. comcast business. the pandemic made teaching and learning really hard. but instead of working to help students safely return to the classroom, the san francisco school board focused on renaming schools and playing politics. and they've even saddled our district with a $125 million deficit. >> it is time for the united our children can't wait for new leadership. here's our chance for a fresh start. on february 15th, please recall school board members collins, lópez and moliga before our kids fall even further behind. states senate to do its job. a landmark bill, as we all know, since before the united states senate. the freedom to vote, john r. lewis act. this bill, represents 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 junior holiday. from the sounds of it, they are not ready to give up. despite all signs pointing to failure. we want to welcome tonight simone sanders, former chief spokes person to vice president harris. she will be hosting a show here on cbs nbc. the choice on peacock. and tim miller, contributor to the bulwark. -- welcome to both you, good evening. simone, welcome to the nbc family. going to be fun to be with you on a regular basis. simone, i think it is fair to say that this may be the most meaningful mlk junior holiday since the holiday has existed. because it is the first time since this holiday has existed, that we are in an active and current fight for voting rights. the very stuff that martin luther king was fighting for when he was alive. >> thank you for having me tonight ali and i am so excited to be here and with him. tim i, am a fan. can't wait to hear what he has to say. i think you are right, this is one of the more consequential mlk days and our recent history. i would argue that, and i think that ref sharpton has been all throughout the network throughout today that has talked about this history all throughout the last couple years. as somebody who studied under dr. king. as a student. look, i think the fact is this. and it is important for people at home to understand. as you just well said, that tomorrow's vote, or they may not vote until wednesday now i'm hearing from people on the hill. that the senate caucus will decide what's going to happen at 5 pm tomorrow. but whenever the vote goes down, it is likely to fail. we've heard from the vice president today, what you heard from the president and vice president over the last couple of weeks, is extremely important. there are a number of levers that a president and vice president have at their disposal. when it comes to this conversation about voting rights, the things that the president and vice president can do, they have done. right? the president 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 that any american who would like to vote, could be able to vote. they are putting pressure and using -- to raise the stakes and the conversation. so what is in their power, they can do. now the question becomes, what happens after tuesday and wednesday, whenever this vote happens. does the white house explore an executive order? that can stand up the constitutional mustard. those are the kinds of conversation that will happen going forward. >> tim miller. one of the people who made the argument for hey, keep your filibuster, but do what you have already done in the past. let it go for certain things that are of greater importance. this is representative jim clyburn said on msnbc today. >> i will say about all of my friends that are in the senate. that nobody is asking you to give up the filibuster. i wish they would stop saying that. we ask, for you to do, for voting rights. the same things that you have done for the budget. we have asked respectfully. that you allow the same kind of reconciliation unconstitutional rights, that you allow on budgetary issues. that is all. >> tim, that argument has not worked on any republicans in the senate. it has not worked on kyrsten sinema and joe manchin. at least so far. what do you think of it? >> sure. first, simone, welcome to the other side, the water is warm i've made the transition. it is not too about over here. to give your takes. look, far be it for me to push back on representative clyburn. i think on the merits of his argument, he is correct. i think that there are some practical concerns with it. number one, to how you just lined in there ally. there are no republicans who are interested in giving an inch on this. they do not want to give the democrats and he winds. 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, i'm just throwing this out there, make election day a holiday. some of the sort of things that are not up to what activists are looking for on voting rights. but i think you can maybe bring in some mitt romney, types for more tailored voting rights bill. so, republicans are standing in the way of what clyburn wants. and then, you know, manchin and sinema are standing in the way of this. and one thing that has frustrated me. as an outsider. watching the democrats over the last year. is that they seem to have one card to play. which is, pressure manchin and sinema. complain about the fact that manchin and sinema won't and the filibuster. and they keep coming back with the same answers. and so, there is a little bit of the old line about insanity. doing the same thing over and over again and expecting a different result. you know, i think that there are certainly merits to some of sinema's point. of not wanting to give mitch mcconnell filibusters congress. there is obviously married to clarence points. about how you can make a carve out for this. the same way you can of the budget. but the reality check here, is that argument hasn't convinced sinema. so how can you come to a different way and try to figure out, what are some things that we could pass? how can we put pressure on republicans by breaking these bills down taking out the popular parts and making them look for them. i would like to see a little bit more creative thinking, then just hoping that yelling at senator sinema more is going to change the result. >> well, simone, you have 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 saying, maybe we can get some percentage of what is in these two senate bills through. on an individual basis. and some argue, that if you take these things. you put them on the floor of the senate. republicans vote against it. then you can talk about the specific things that they voted against. what is the thinking on how to approach this differently? >> there is two things out. first, all of the republicans in the united states senate. outside of senator from alaska. have refused to even debate the issue of either one of the voting rights bills that are being discussed. the john lewis voting rights advancement act. which would restore the protections of the voting rights advancement act that every -- at least 16, i think maybe even 13 united states senators, republicans, who served with 2006, senator biden voted for at that time. and then the freedom to vote act. which would make a floor. election day a national holiday. it would -- things like lines can't be longer than 30 minutes. you can get food and water to standing in line. those are the kinds of things that the freedom to vote access. the thinking from the white house has been, look, we have to get to a place that we as the executive branch, as the legislative branch, can debate these issues. they have been unable to do that. at least lisa murkowski is the only republican, willing to say hey, i'm going to vote for this to start a debate. it's not as if these bills have been voted on before, and you know where members of congress, republicans and democrats stand. they have not come to the floor. right now, the white house, and it's 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. is that you need to get people on the record. the question, the vote, there is a mechanism in the united states senate that senator schumer and is detail in the next times story is going to use to bring these bills to the floor. to bypass the issue of the blocking of the debate. they will at least be a debate. the question again 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. the white house is very well aware that there are other united states senators. it is reported that senator chester, at one point, senator coons who i think, if you asked him today, he would be willing to vote to do away with the carve out for the filibuster for voting rights. asked him though. i don't speak for senator coons. would be some folks who have signaled some trepidation. i think that the kong force asian is not as black and white as people would like it to be. again, the president has to exert and show the base that he is doing something here. the levers, the tools, which he has in his ballot that he is using. that is what you have seen over the last couple of weeks. and of the last couple of months privately. the vice president has traveled, convening people. what happens after tuesday, wednesday. when the vote, pardon me, comes. is there going to be an executive order from the white house? the president has already signaled that he is willing to do potentially something like that on police reform. is he willing to do something like that that can pass constitutional muster for voting rights. symone d. sanders, tim miller, we have much more to talk about. coming up, we'll look at the political army that donald trump is building. what a strategy means for republicans. when the 11th hour continues. the 11th hour continues wondering what actually goes into your multi-vitamin? at new chapter its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done >> this is maybe the most important election we have 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. [applause] we an in 2024. we are going to take back the white house. >> former president, donald trump, held a huge election stall rally in florence, arizona on saturday. where he repeated his election lies and embraced some of the most radical quotas in the state. it is 2024 campaign which he made his strategy for the midterms clear, quote, this is the former president's new litmus test. you endorse the lies, he endorses. you still with us symone d. sanders and tim miller we. tim, donald trump really likes his rallies. but there are some republicans according to the new york times or a quite concerned with the strategy he's embracing right now. i want to read to you from the article, republicans were concerned about the influence on the candidate that they believe unelectable, that the basic math is hard to stomach. a winter propel with just a third of the total vote, which makes it more than likely that a far-right candidate who is unpalatable to the broader electorate can win the nomination largely on mr. trump's endorsement. a little bit of math involved in that. but the bottom line is you've got a lot of people running for a certain position, like the governor we of arizona for instance. donald trump gets beyond one of, and his army comes right up. what do you make of it? >> a couple of things. number, one i got a good chuckle from these anonymous republicans who are concerned about donald trump's influence. they've been concerned for six years. you would think that they would do something. there was a chance to convict him in the senate a couple of months ago. oh well. as far as the crazy candidates that he's helping in arizona, i take your point. some of the most extreme candidates were they're at that rally. including the leading candidate for secretary of state was essentially running on the campaign to promise that he would not go back to decertify the 2020 results in arizona. taking away people's legal forth. speaking of our voting rights topic. and then presumably, in 2024, only certified the election in the state of donald trump. one extremely radical platform. unprecedented really in modern american history. you had candidates running for jobs like this with an explicit promise that they would only certify elections if their candidate won. but here's the thing that they should be more concerned about, that i am more concerned about, frankly, every major candidate in arizona attended the rally. there are multiple seeding members of congress that were there. the thing said it candidates, we who are more of a mainstream republicans on the account of mrs. vance. fall the front runner, but former tv anchor, also spoke. she was a front runner for the governments. race she's all in for the big lie. that arizona rally was a unity rally. and the former governor wasn't there. but he doesn't have a job. that was a unity for everybody in the party and they're all singing the same thing. the 2020 election was a fraud. obviously that's false. and there needs to be a recompense for it in 2024. that is extremely radical. and it's across the party. and i think that that event was alarming and should be getting more attention than it. this >> symone d. sanders, you are involved with the biden campaign and the biden white house. i want to read something that ezra klein wrote. this presidency isn't turning out as planned. he wrote, that they have largely succeeded. feels like the best kept secret in washington. your call, forecasters expected unemployment to be nearly 6% in the fourth quarter of 2021. instead, it fell to 3.9% in december, driven by the largest one year drop in unemployment in american history. which is our high, new businesses are forming at record rates, poverty has fallen below its prepared emma global. since march 2020, americans saved at least two trillion dollars more than expected. and that's just not a function of the rich getting richer. a jpmorgan chase analysis found the media household checking account balance was 50% higher in july of 2021 than in the months before the pandemic. symone, why is this not resonating with more americans? why are we seeing low approval levels for joe biden despite all of this? >> well, i think it is two for, really, ali. we to folks have a role to play here. the administration and also, frankly, the news media. i don't think that the news media should be carrying a water for the biden and harris administration. but i do think we have a responsibility to report the facts. and the fact is, everything that ezra klein wrote in july is true that the household had money in the pockets. partly due to the monthly child tax credit which was implemented yet the biden administration. championed biden and senator harris along with senator booker in the senate prior to becoming vice president. but that seems summer, there were headlines saying that this was the worst ever. that the biden administration is in deep trouble. that biden is having the worst summer ever. i think folks have to report the facts. you have to report, again, during that time i think that was the lead up to a road before what was happening in afghanistan, there were a number of things happening. but you have to report the facts. and the facts are that there are great things happening with the economy. currently bo, the administration has to do their to diligence and telling that story. so you see cabinet officials from secretary granholm to secretary cardona going up and telling the administration efforts. they have all been out. i do think there is a need to turn up the data. during the campaign, they used to talk about beating people in the beauty shops, the bible shop, and -- it has forced this white house to get more creative. and i think you are going to your more that you heard from the president on friday towards infrastructure bill. building a better america, i believe is what they're calling a. not with the infrastructure law. and i think you're going to see more that from the vice president and the vice president going forward. but everybody has to do their part here. and the administration definitely has to do those. here. welcome again symone, symone d. sanders and tim miller. thank you both for being here tonight. well we're seeing a decrease in covid cases. there's a warning from the surgeon general about what could be next. when the 11th hour continues. ext. when the 11th hour continues >> the omicron wave assigning some signs of waning in the country. wall street journal reports that quote, there are some signs that the pandemic could be losing momentum after new infections began to slow and some of the first u.s. hotspots, 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 difficult time during the search. we are seeing high case numbers and hospitalization rates. the good news is that there are parts of the country, new look in particular, in other parts of the northeast. where we are starting to see a plateau. and in some cases, an early decline in cases. the challenges that the country is not moving at the same pace. the omicron wave start later in some parts of the country. we should not expect a national peak in the next coming days. >> back with us, doctor murtaza akhter. it physician at the university of phoenix. works in emergency rooms in pennsylvania, as well as in florida. doctor, welcome to the show, thank you for being with us. in florida where you are, we have seen, we've seen all across the east coast, we still have more cases, but they are increasing at a slower rate. what is your sense, given the evidence that you've seen, the trends that you've seen, about where we are with omicron? >> that is what it feels like on the ground to. with christmas and new year's, i worked and they were the worst i'd ever worked. did not feel like a holiday at all. quite the opposite. as a matter of fact, the er in that day was busier than it had been the whole time i've been here. on christmas day, which is one usually people do not go to the er, you couldn't even get into the waiting room. forget the actual er, that is how many people were coming. in relative to that, it is gotten easier. i just had a shift today in that same year and it felt significantly better. but that is not to say that we don't see a lot of covid cases. obviously hospitalizations have gone up. as you know, hospitalizations, a week, ten days, two days after the cases. so we are now in the face. the impatience it is backing up. but the er does look like we are getting fewer patients and the curve seems to suggest that as well. >> on one hand we heard the surgeon general saying that don't expect the peak in the coming days. and i suppose the surgeon general, for the first year of this virus, we got bs out of the administration about how this wasn't all that serious. i think now they're skewing on the other side. but there are people who just want to know when can i get back to eating inside of a restaurant. when can i get back to the gym? what is the sense of that? >> well, i think that is official answer is that it is going to be case by case and county by county and city by city. depending on how many cases per hundred thousand there is. but an easier answer, for me, i have avoided indoor dining for the whole time. until there is a significant control. will be quite a while. i would not want to do indoor dining or indoor activities mask-less. now i have the part of while i am in arizona or florida of having wider there that i can eat outdoors almost year-round. obviously people in the northeast do not have that. people in the northeast also have fewer cases. definitely now is not the time to be doing indoor dining. or gyms, etc. there is a lot of transmission happening. and everybody i feel like it's getting sick. i got sick. and, you know, tests are hard to come by. despite the fact that people are vaccinated and boosting. you can still carry the disease. having the mild for the disease still sucks. just because it is mild, doesn't mean that it doesn't still stink. so now is not the time. -- >> >> doctor akhter thank you. coming up, new reporting on another factor that could lead to more cancellations on the airport. when the 11th hour continues. airport. when the 11th hour continues >> after weeks of flight delays and cancellations from covid and whether, there is another reason why you might spend waiting time at the airport. major airlines warn that the telecom industry's plan to turn on new 5g wireless technology, could interfere with airplanes. a report tonight from nbc correspondent tom costello. >> just 36 hours before verizon and at&t switch on their new faster 5g style systems. the nations airlines today issued a stark warning. an urgent request signed by every major u.s. airline and cargo ceo. for the government to keep the five g ground stations turned off if they are within two miles of major airports. the ceos right that immediate intervention is needed to avoid significant disruption to air passengers shippers. supply chain and delivery of needed medical supplies. the concern, those 5g ground stations could disrupt a radio ultimate or. which provides precise altitude readings when pilots land in port visibility. as 5g goes live wednesday the faa will prohibit pilots from using altimeter's at landing in more than 80 airports near 5g sites. including large airport hubs in dallas, new york, and chicago. today airlines ceos warned that the vast majority of traveling and shipping of the public will essentially be grounded, facing cancellations diversions or delays. >> the faa has issued in our worthiness directive, that would significantly impact our operations. cell phone industry insist that the technology has been proven to be safe in europe. it has already delayed rollout twice and says it will turn down the power at ground station it's near some airports. >> look, the wireless carriers are impatient to deploy technology that stands to make a big impact. a positive impact on our economy. but on the aviation side, we've also got to make sure that it is safe. >> tonight, the airlines are warning that they might need to ground plants. and mass cancellations could start on wednesday. >> our thanks to tom costello for that report, coming up, poignant words about what the united states senate will face tomorrow, in what has become a pitched battle for the preservation of democracy. the words that you will hear, when we return, were delivered nearly 60 years ago, but they could've been written tonight. when the 11th hour continues. uld've been written tonight. uld've been written tonight. when and looking to buy life insurance on a fixed budget, remember the three ps. what are the three ps? 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plus, our last congressman, jamie raskin, we'll talk about the conspiracies of why he says prime time hearings will blow the roof off the house. and ezra klein and carol anderson, is saying that the biden presidency isn't going as planned. good evening from washington d.c., in for chris hayes. long before donald trump had any real presidential language, republican controlled states across the country were disenfranchising people of color, in fact the modern era of the voting rights struggle began before the 2020 election.