breaking news tonight, the house committee investigating the january 6th insurrection releasing its contempt report on steve bannon, who is now refusing to comply with the subpoena, claiming executive privilege. tomorrow the committee is expected to move to refer bannon for criminal contempt. also tonight, the former president trying to block the committee from getting his

presidential records. trump suing both the committee and the national archives, claiming executive privilege to keep the records secret. plus what may be the most positive sign yet for president biden to get democrats to approve his agenda, senators bernie sanders and joe manchin meeting today to work out their differences. sanders saying he hopes for positive action in the next week. let's bring in now cnn white house correspondent john harwood and senior legal analyst laura coates. good evening to both of you. good to see you. john, this january 6th select committee releasing its contempt report on steve bannon, who is now refusing to comply with the subpoena. lays out a lot of significant information. what are you learning here? >> we're learning that steve bannon's playing a lot of games to try to avoid testifying. look, steve bannon was not an employee of the white house in the relevant period here, so executive privilege doesn't even apply. secondly, it was formally

claimed by president trump. steve bannon was relying on or invoking letters from a lawyer from trump instructing him not to apply. this is plainly a situation where steve bannon and the rest of the trump team is doing everything they can to stall, delay, to obstruct this january 6th committee, and the committee has had enough of it, and that's why they're moving toward criminal contempt proceedings that are likely to clear the house, and then the question is what does the justice department do about it? >> that is a good question. laura, the committee is saying that bannon's own public words are damning and have nothing to do with executive privilege. the report says in part, and i quote, statements publicly made by mr. bannon on january 5th, 2021, suggest that he had some foreknowledge about extreme events that would occur the next day. mr. bannon noted on january 5th that the country was facing a constitutional crisis and that crisis is about to go up about five orders of magnitude

tomorrow. so he can't just claim, you know, some blanket privilege. am i correct? >> correct. and of course even if there were a valid privilege that he wanted to assert, if he made the information public, he loses the ability to assert the privilege. imagine if it was an attorney-client privilege where obviously communication between the attorney and client would be preserved. you could not be able to disclose it. however, if you all of a sudden go out and say things, you can't now try to put the genie back in the bottle. even more so, don, executive privilege is something you can't just assert as a get out of subpoena free card. you have to actually still show up. you could choose to try to argue that you have a valid privilege that allows you to not answer certain questions, but you can't just not appear. and more importantly, remember, every conversation with a president or an attorney is not going to be automatically privileged. it has to actually have -- be under the umbrella as to why we even have executive privilege. in an advisory capacity, having

candid conversations with the president of the united states to get some sort of advice or counsel. here, even if there was an exchange of information, there's not an automatic assignment of privilege. i remind everyone, of course, the holder of the executive privilege is the person who is in the oval office, the executive branch head, the president of the united states. although there is some argument to be made about how successor presidents could notably try to enforce on behalf of a predecessor, here this one is not inclined to do so because there seems to be the allegations, of course, of dereliction of duty, of behavior that is not constitutional or not in the interest of executive branch. so all these things go to show you bannon does not have a valid claim of executive privilege. he'll try to assert it, try to get into the courts, try to prolong it. but ultimately, there is no privilege to be had. >> john -- we shouldn't be surprised by this, but also tonight donald trump suing the january 6th select committee to try to keep his records private. he's clearly afraid of the information that's going to get

out. the white house is saying, nope. >> that's exactly what they're saying. as laura just indicated, they're not invoking executive privilege in support of their predecessor, and the white house spokesman put out a very blunt statement tonight saying that president trump abused his power in an incident that posed an existential threat to democracy. so what it shows you is that even though the biden administration has been concerned from the beginning about not appearing to be politically vengeful against president trump, joe biden's tried to bring the country together and turn down the partisan temperature. when we get down to the efforts that have gone on so far by the republican party within the congress and the entire trump team to obstruct this inquiry, they're simply not going to go along with that. and the president, you know, joe

biden said last week he thought that the justice department should prosecute criminally people who defied valid subpoenas. now, the white house walked that back a little bit today. jen psaki said, well, the president has said he's not going to tell the justice department what to do. but it's pretty clear that this justice department does not have unlimited patience or deference to its predecessor. and given the gravity of what happened on january 6th, they're going to -- even if they don't independently pursue legal action apart from what's going on with the committee, they're not going to block the january 6th committee from getting this information. they're going to facilitate that, and that's a problem for president trump although you could run out the clock, and we don't know how long democrats are going to control the congress. and running out the clock has worked legally for donald trump before. >> yeah. i don't know if it will this time. listen, i want to ask you

something that happened today, something pretty big on capitol hill, one would think. check this out. >> we're talking. >> we're talking. >> so we're talking. okay. these two, you know, they've been at each other's throats. they stand on opposite sides of the political aisle so to speak. so we know they have been fighting over climate change provisions in this spending bill. could this be a sign of a breakthrough, john? >> yes, and i don't want to oversell the idea of a breakthrough just as i wouldn't oversell the idea that they were at each other's throats. they disagree. they come from very different places politically, but both are politicians who know how to make deals. and now we're getting to the last chapter of this negotiation on the hill, the gears are clicking. they are getting closer to a deal. they're more able to deal with

joe manchin of west virginia, who is a traditional politician though a much more conservative one than other democrats. it's easier to deal with him than it is to deal with kyrsten sinema of arizona because the other members of the congress know less about where she's coming from. so she's a little bit more mysterious, harder to make a deal with. but they're getting closer. i think there's significant optimism within the white house and among the democratic leadership that before too long, maybe this week, next week, they're going to get some kind of agreement that will allow them to move forward on a reconciliation bill not nearly as big as president biden and democratic leaders wanted initially, but something pretty substantial. >> we shall see. something needs to happen. thank you both. i appreciate it. the nation tonight mourning colin powell, the first black secretary of state, the first and only black -- he died of covid complications while

fighting cancer. joining me now is retired major general dana petard, the former ground commander in iraq. he's also the co-author of "hunting the caliphate." general, thank you, and i'm so sorry for your loss. we appreciate you joining us. >> good evening, don. >> so colin powell was the first black national security adviser for president reagan. the kwirs black chairman of the joint chiefs of staff and the first black secretary of state for george w. bush. so many firsts. what impact did he have on the institutions and the country he served? >> he had a huge impact. in fact, he was a towering figure. i remember just meeting him as a young captain in germany when i was at the 11th armored regiment, and he was a commander. even then, his presence was inspiring. he inspired young officers like myself and multiple generations of soldiers, not just by his

leadership but the way he could connect and communicate with everyone. anyone from the most junior soldier all the way to prime ministers and presidents of countries. he was an amazing man. >> yeah. he called himself a reluctant warrior. explain what he meant by that. >> i think that's fair. in fact, so many of us who have been through combat multiple times realize that war kills people that we know and wounds people that we know. so war isn't something that a warrior, i think, really seeks. so, in fact, he understood how terrible war is. he wanted to avoid war at all costs unless it was the last resort. he believed diplomacy first, and then if you actually had to go to war, make sure you win. that's where the powell doctrine came from, the use of overwhelming force to win.

>> look, his tenure included the 1991 gulf war. his efforts in securing him a congressional gold medal and the presidential medal of freedom. he later developed a rivalry with donald rumsfeld during the w. bush years. can you talk to me about his leadership style, how it evolved and how it affected decades of u.s. military strategy because he -- look, they sign the sign of a great person is to be able to evolve and change over time, and he certainly did that. >> i believe he did. in fact, he was very good as a staff officer certainly in the pentagon, but he also could lead, and he led large organizations such as, again, fifth corps when i met him in germany in the 1980s. then forces command, which is the largest army command that the army has. it's in charge of all army forces in the continental united states. so he had that more directed type of leadership.

then as the national security adviser for president reagan, that was more of a soft power because that was an adviser, coming up with plans and advising then-president reagan. then as secretary of state, a whole different kind of leadership was needed. one is certainly an adviser to president bush on foreign policy, but also being our representative throughout the world and representing the united states. so many facets of his leadership and his amazing abilities. >> you know, general pit ard, powell admitted when he was wrong, most notably for his support of the iraq war on the basis of weapons of mass destruction that turned out to be inaccurate. listen to this. >> i turned the dial. there's no question about it. >> you regret it? >> i regret it now because the information was wrong. of course i do. but there wasn't a word in that speech, in that presentation, that was not vetted and approved

by the intelligence community. >> are you ticked? >> yeah. >> i regret it, he said. what did it mean for him to say that? >> that's -- that's the mark of, i think, a trusted leader, which is you own it when you make a mistake. he admitted that he was wrong based on flawed intelligence. if he had to do it over again, he would have done something different obviously. but he owned that, and, again, a respected leader does that. >> also, look, he's talking about how he evolved over time. who could forget the longtime republican endorsed barack obama for president and not his longtime friend, senator john mccain. watch this. >> i think he is a transformational figure. he is a new generation coming into the -- onto the world stage, onto the american stage, and for that reason, i'll be voting for senator barack obama. >> and the former president, barack obama, said in a

statement that he appreciated the way in which powell endorsed him by squashing the conspiracy surrounding his fact. why was his endorsement, you think, so meaningful? >> i think it was important because general colin powell was a part of kind of the old guard in government and certainly in republican circles. he was a moderate republican, but he was well respected beyond the republican party. he was respected as an american throughout the country. so that was a very important endorsement for president obama at that time. >> i had the honor of sitting down and speaking with colin powell. this was in 2009, about the former president barack obama's election and what it meant to race in this country. listen to this. >> many people in the world thought americans aren't ready for this. they won't do it. you're emotional about it now. >> maybe it's because i remember the days when a young black kid

growing up in the bronx could only look to a joe lewis or ralph bunch or to a jackie robinson for inspiration. maybe it was because even though i grew up in an integrated neighborhood in new york city, i knew i was a second glass citizen. >> do you think powell understood the role model he became for black kids around the country and his legacy, especially as it comes to race relations and black americans in this country? >> oh, absolutely. in fact, don, he never forgot really where he came from. in fact, you know, he benefited from others also. let's remember it was the carter administration in 1977 when the first black secretary of the army, clifford alexander, was there. and in 1977, the army's one-star list of brigadier generals came out, and clifford alexander asked a question, is there no one of color who could possibly be a general officer? and he really pushed that. so the very next year, a colonel

colin powell was on that list and three other minority officers were on that list. and if it hadn't been for that, we might not have even been able to benefit from the great talent and leadership of colin powell later on in life. he might have retired as a colonel at that time, but he was given an opportunity by someone who -- who looked at diversity and inclusion as a part of talent management. and so that was very special, and he never forgot that. and he looked for others, and he looked beyond what a person's gender, color, or other affiliations for talent, and he always pushed that. >> you know, even through the last presidential election, powell had been very open about his politics. he came out strongly against former president trump. he said the gop did not represent him anymore. why was he so disappointed in

his former party and really the direction the party was going in, specifically in the trump direction? >> well, remember with general powell, the republican party to him was the party of reagan, and he had served there as national security adviser. so many people who supported him in those days were, in fact, republican leaders. he went on to serve with president george h.w. bush sr. as well as george w. bush. so that was the republican party to colin powell. and obviously the republican party has morphed since then and has taken a different turn. >> well, general, we thank you so much for joining us to share your knowledge about the person you knew, colin powell. thank you. our hearts go out to his lovely wife, alma, and the entire family, and i think you will agree with that. thank you. >> absolutely. thank you, don. up next, we're going to set the record straight on colin

powell's death and what it tells us about why vaccinating everyone is important to protect cancer patients. >> i have multiple myeloma, and i have had it for almost two years now. i think august makes two years. i have taken all the medication and exams they want me to, and i have never given up a day of work. to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief.

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colin powell opening up to journalist bob woodward about his struggles with cancer and parkinson's disease in what may have been his last interview. >> i have to get all kinds of exams, and i'm a former chairman, so they don't want to lose me. so they make me come there all the time. i've taken lots of exams, and i get there on my own. i drive up in my corvette, get out of the corvette and go into the hospital. i have multiple myeloma, and i have had it for almost two years now. i think august makes two years. i have taken all the medication and exams they want me to, and i have never given up a day of work. >> joining me now is the former acting director of the cdc,

dr. richard besser. thank you so much. i appreciate you joining us, especially on this subject. general powell was fully vaccinated but also battling both multiple myeloma, a blood cancer, parkinson's disease. please set the record straight for us. he was very fragile, in very fragile health, and his death has nothing to do with vaccine efficacy, correct? >> yeah, you know, what a loss for our country and what a life he led. and it would be a shame, don, if people took the wrong message away from this in terms of vaccines. the general was fully vaccinated, but one thing that's very important for people to know is that even for people who are fully vaccinated, the vaccine is not 100%. and for someone like general powell, who had a type of blood cancer that affects the immune system, the likelihood that he had a good immune response was low. so it really supports the value

in vaccination even further because we vaccinate to protect ourselves and those around us, and we vaccinate to protect those people who may have medical conditions where the vaccines won't work very well. and you can't tell who those people are just walking down the street. but being part of a community, being part of society is that we do things to protect not just ourselves but to protect those around us. >> yeah. as i understand here, doctor, colin powell was scheduled to get his booster shot this week, but he got sick, and he wasn't able to receive it. how much protection do you think booster shots offer people who are living with compromised immune systems? >> well, you know, clearly now the feeling is that three doses is the way to go for people who have conditions that lower their immune system. there's no guarantee even with a booster shot that your level of protection will be as high. if your immune system is not responding to the first two

shots, maybe you'll get a better boost. there are studies to show that it will, but there's no guarantee. that's why it's so important that people around him were vaccinated as well. >> yeah. "the new york times" is reporting tonight that the fda is planning to allow americans to receive a different covid vaccine booster than the one they initially received. according to "the times," the fda might suggest that using the same vaccine as a booster is preferable but won't recommend one shot over another. talk to me about that. how significant is it? is it significant? >> you know, i want to wait and see what they say because the science is limited. but a study last week from the national institutes of health demonstrated that people who got one of the mrna boosters, so moderna or pfizer, regardless of what they got for their first one, got the best boost. so people who got j&j, getting a moderna booster or pfizer booster gave them a better rise than j&j. just for the record, our

foundation was founded with money from the johnson family fortune and we have stock in the company. but the data are saying that the mrna boosters do a better job. i'll be interested to see what fda says because there is limited data, and it's very confusing right now for people who want to get boosters, having them available for some but not for everybody. >> the former fda commissioner scott gottlieb is calling for urgent research into a mutation of the delta variant known as delta+ following a surge of cases in the uk. when i first read this, i said, here we go again. covid numbers in the u.s. have been improving recently. how worried are you that this could throw us off course again? >> well, we need to remain vigilant. whether this variant will turn out to be a problem or not, until this is controlled everywhere in the world, we all remain at risk. and the vaccine numbers in the u.s. have been improving, but they're not as high as they

should be, and they're not uniformly high. some communities have vaccine coverage rates that are above 80%, and some are down closer to 50%. we need to get everybody the information they need so they can make decisions and get vaccinated. and we need to do more to provide vaccines globally or we all remain at significant risk. >> listen, you're the former acting director of the cdc, and i was glancing down at a piece that you wrote in "the hill" about the impact of the child tax credit on health equity. here's what you write in part. this is a quote. it says, the budget reconciliation measure is the best chance in decades to help create an america in which skin color, income level, neighborhood, disability, occupation, and immigration status no longer determine how long and how well people live. can you talk to me -- talk to us about what those federal dollars have meant to struggling families? >> yeah. you know, if you think back to the beginning of the pandemic and the economy was just tanking, and you looked at who

was hit the hardest, it was not pain that was felt uniformly. black americans, latino americans, indigenous americans, rural people, lower income people were hit the hardest. but even with the loss of 10 million jobs, what we saw in america was a decline in the rate of poverty, and you have to wonder, well, why did that happen? well, the reason for that was that the federal government put money in people's pockets. they increased the unemployment insurance benefits. now with the child tax credit, we expect that child poverty in america could decline by 40%. 40% just with that measure. and we have the opportunity now -- or congress does in reconciliation to say we want this to be permanent. we want to be an america where the color of your skin doesn't determine your chances for a healthy life and for opportunity. and that can be done with simple measures, things like putting a few dollars in people's pockets will reduce hunger and will

reduce poverty. >> dr. besser, always a pleasure. thank you for the information and thank you for appearing. >> thanks so much, don. he was the 25-year-old shot while jogging. now three men who said they were trying to perform a citizen's arrest are on trial, the murder trial for the killing of ahmaud arbery starts today. >> we expect full justice for ahmaud arbery. automatically responding to both of you. and, it's temperature balancing to help you stay comfortable all night. it even tracks your circadian rhythm, so you know when you're at your best. in other words, it's the most energy-building, wellness-boosting, parent-powering, proven quality night's sleep we've ever made. don't miss our weekend special. save up to $800 on sleep number 360 smart beds. plus, 0% interest for 48 months on all smart beds. ends monday.

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jury selection beginning today in georgia in the trial of three white men accused of murdering ahmaud arbery. gregory mcmichael, his son travis, and william bryan jr. have all pleaded not guilty. ahmaud arbery, a 25-year-old black man, was fatally shot while out jogging on the streets of brunswick, georgia, in february of 2020. the incident captured on video. the mcmichaels claimed that they were conducting a citizen's arrest after suspecting that arbery was burglarizing a house and that travis mcmichael shot him in self-defense. well, tonight chris cuomo asked arbery's mother if she's worried that the jury would be fair. >> i have my concerns. like you said earlier, it took

over 600 days to get to this day. but with that being said, this is the same community that elected -- out of office. this is the same community that stood outside today as i entered the courtroom rallying for justice for ahmaud. so i do feel confident we will have success in this. >> i want to bring in ben crump, the attorney for the arbery family. thank you so much. it's been a while since this happened. you heard ahmaud's mother, wanda cooper-jones there. she has concerns about the jury being fair and unbiased because of the amount of publicity and confusion surrounding this case. you were at the jury selection today. give us your impression, please. >> well, as attorney merritt and i told wanda and ahmaud's father, marcus, they're going to try to do everything to deflate from what happened on that video. they're going to assassinate the character of ahmaud. they're going to talk about a

citizen's arrest just like ten years ago with trayvon, they talked about stand your ground and it was self-defense. but unlike trayvon martin, we have video, don lemon, and it's very different when you chase a young man for over two miles who is running for his life and you're on the back of a pickup truck with a shotgun. >> how important has it been that the jury reflect the diverse community of brunswick near where the incident took place? >> well, what we learned, don lemon, from george floyd is that you want a diverse jury because you want people who can understand the life experiences of ahmaud arbery, can understand the culture of ahmaud arbery, and not just identify with his killers. and so it's going to be vitally important. there's an old saying, the legal

profession -- [ inaudible ] -- the verdict based upon the makeup of the jury. >> three men accused of killing ahmaud arbery weren't even arrested until cell phone video of the confrontation was leaked. you say you have video this time unlike in trayvon martin. several prosecutors have had to recuse themselves from the case because of conflicts. the original d.a. was indicted for showing favor to the suspects. do you think there's a systemic racial problem within this community, maybe within the justice system there, the fact that it wasn't immediately investigated? >> well, don, i think there's a systemic problem not only in georgia but in america. and so we have to -- [ inaudible ] -- how they killed ahmaud arbery. it was as much a tragedy the

cover-up by the d.a. trying to say what she saw on that video was not a crime. and so we have to speak truth to power every chance we get and say that worse than how they killed ahmaud, worse than how they killed trayvon, is how they use the laws to kill us. it is a systemic problem, don lemon. >> what she saw on the video was not a crime. okay. all right, ben. look, i got to move on and talk about another case. this is a case of christine nance whose familiar you're representing. police found her body in an unoccupied police van in a busy parking lot. this happened on october 7th. her family had reported her missing on october 2nd, but she hadn't been seen since september 25th. what do you know about -- ben, what happened? >> you know, it boggles the mind, don lemon, the unbelievable ways that they find

black people are dead and are being killed in america. this is a young black woman who is mysteriously found dead in a police van in the police parking lot in huntsville, alabama, and the police say they don't know anything about it. her family isn't accepting it. our law firm is demanding answers. we're investigating. they released a video that gave us more questions than answers, and all we can say is when you think about what happened to jelani day who went missing, turned up dead. now you have christina nance went missing, tunrned up dead. how many more black people are going to go missing and turn up dead in these very suspicious manners before we start to say there's something we have to do to pay more attention to black people when they go missing like we do our white brothers and sisters. >> ben, we'll be following both of these cases.

please come back and update us. thank you so much. >> thank you, don. so covid is the leading cause of death among police officers, so why are so many officers refusing to get the shot? we'll look into that next. i would've called yesterday. but... i could've called yesterday. but... i should've called yesterday, but... would've, could've, should've. we hear that a lot. hi. i'm jonathan, an insurance professional and manager here at colonial penn life insurance company.

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deposit, plan and pay with easy tools from chase. simplicity feels good. chase. make more of what's yours. covid vaccine mandates going into effect in states and cities across the country. and while the vast majority of workers are getting their shots,

some police officers and unions are calling for defiance against the mandate, setting up possible showdowns with staff shortages already causing head aches. joining me now, cnn correspondent dan simon. dan, this is a big story. why is this such an issue with officers leaving their jobs over this? >> reporter: well, don, we've seen this for a while now with police officers reluctant to get vaccinated. but now it's really coming to a head with these vaccine mandates, and some officers have decided that they would rather resign sometimes in dramatic fashion instead of getting the shot. take a look at what somebody did in washington state. this is a police sergeant. >> due to my personal choice to take a moral stand against -- for medical freedom and personal choice, i will be signing out of service for the last time today. after nearly 17 years of serving the citizens of the state of

washington, it has been my honor and privilege to work alongside all of you. >> reporter: and whatever you think of vaccine mandates, i mean that's tough to see, right? this is somebody who had been on the force for 17 years, by all accounts had a distinguished career and made sergeant last year. but obviously that's a choice that he made, don. >> yeah. cities like chicago are seeing a large part of their force defying the vaccine mandates. look, they need these officers. they need as many officers as they can, so what are cities facing right now, dan? >> reporter: well, chicago is really the place where this is coming to a head. i mean take a look at these numbers. 35% of the force does not want to provide their vaccination status. and that means -- and this is a scary number -- about 4,500 officers could be placed on a no-pay status in the foreseeable future. and for those that don't comply, we are told, according to a memo obtained by cnn, that those

officers could actually be fired. you know, that could have huge ramifications for staffing and policing that city. let's take a look at baltimore. the city police union sending a letter to members on friday. do not disclose your vaccination status due to collective bargaining agreements. and as of last week, only 64% of the department's 3,000 employees were vaccinated. and then let's look on the west coast, seattle. officers are being told that if you are not vaccinated or do not have an exemption, do not bother showing up to work tomorrow and that the city is going to begin the process of termination. but the reality is that the numbers in seattle look better than some other places. we've learned that 98% of the officers there have been vaccinated or got an exemption. 23 police officers have not reported their status. that said, officers are being told, any sworn officer is being told that you may have to

respond to a 911 call in the event of short staffing. then finally, massachusetts, the state police experiencing a lack of nearly 600 uniformed members due to the vaccine mandate. and according to the troopers union, don, that is below a safe and manageable level. don. >> we'll be watching this very closely. dan simon, thank you, sir. i appreciate it. we'll be right back.

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an update tonight on the case of gabby petito. the funeral director at valley mortuary in jackson, wyoming, telling cnn that petito's family picked up her cremated remains over the weekend, and as of tonight, the whereabouts of her fiance brian laundrie still unknown. he vanished from his parents' florida home more than a month

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hello and a very warm wealth come to our viewers joining us in the united states and right around the world. i'm isa soares in london. just a heed here on "cnn newsroom." >> the former president trying to defend executive privilege. >> i think this is a long shot for donald trump. >> it's a delay game. >> all eyes on capitol hill ahead of a key vote to charge a former trump aide for refusing to cooperate with the january 6 committee. neither he nor trump are going down without a fight. officials in h