tonight a major setback for the former president in his move to block the january 6th committee from getting his white house records. a federal appeals court ruling that trump has, quote, no legal reason to withhold the documents by claiming executive privilege. millions of jobs available in america as unemployment claims hit a 52-year low along with the infrastructure bill the child tax credit and covid relief are democrats convincing americans of these big economic accomplishments? senator elizabeth warren is with me in moments. and searching for answers in alabama after former nfl player glen foster jr. only 31 years old died in police custody. joining me now cnn's legal analyst and the former federal prosecutor and the author of "how to read the constitution

and why." good evening. the appeals court again echoing this argument that trump cannot claim executive privilege, that president biden the man holding the office has waived. it is a slap at trump's fundamental argument the same one by the way that he's always trying to use. >> yes, don. some legal cases are close calls and could go either way. the law could be interpreted either way. this was not that. this is a complete and total dismantling of donald trump's executive privilege argument. this court of appeals essentially said the former president claims that as a former president he can invoke executive privilege but he never offers us even the beginning of any reason why that is the case. so this is a complete rejection of the executive privilege argument. i should note also the court goes out of its way to stress the importance of the committee's ongoing investigation of january 6th. they say this isn't just important but essentially it is hard to think of anything more important that congress could do

than investigate january 6th. >> kim, the court also saying trump and his legal team failed to back up their argument and i quote here, this is what they wrote, nor has he made even a preliminary showing that the content of any particular document lacks relevance to the committee's investigation. he offers instead only a grab bag of objections. that seems emphatic. this is a legal smackdown. was there even a real basis for this challenge? >> no. i actually picked up on that exact language when i read it too. the grab bag argument. essentially the judge suggests donald trump is sort of complaining about witch hunt type motives and the court said, listen. you don't have any rationale or justification for what you are being protected against. how would this harm you? number one. number two, the court says, we have two branches of government,

the congress and the presidency that the article 2 president that is joe biden who want this to go to the united states congress and the court is saying it is not our role to up end all of this. this is at the core of what the functioning of the congress is in something as important as the january 6th insurrection. so it is a disaster for the president but should be and really the question is whether this is going to, the former president, whether this is going to kick the ball far enough down the field to get to the midterms without a resolution. >> let's talk about the supreme court. a spokeswoman for trump saying tonight his suit was always destined for the supreme court. do you think they'll take it up? could they expedite it? if they do, how do you think -- do you think they'll take it up and if they rule on it how will they rule and can they expedite it? three questions. i know it is a lot.

>> they can actually expedite it. i think because it involves dueling presidents, a former president and the sitting president, and it is critical to the separation of powers and other issues. executive privilege does not have a lot of law around it. i think they will take it. it would be unlikely that they wouldn't. i am not so sure that the court is going to rule in favor of donald trump. i say this because, remember, when donald trump tried to float the executive privilege flag to stop his accounting firm, to stop his banks from producing his personal records, not relating to the presidency, even justice kavanaugh the newest justice, conservative justice on the court at that point said, no, executive privilege doesn't go that far. honestly, don, if the court were to waiver or even be split on this issue if they did take it that is yet one more nail in the coffin of the legitimacy of this u.s. supreme court because this should be a slam dunk.

>> the court is calling the insurrection a singular event in the nation's history and that trump's advisers played a key role. are the judges saying there may be involvement of the former president's involvement in the insurrection? how did you read that? >> yeah, the opinion goes beyond what it has to say about what the committee is doing here. they could have just said the committee has a legitimate legislative purpose. that's good enough for us. but they spent pages and very strong language saying january 6 was an attack on our democracy, things we all know but they go out of their way and they say this is the most important work congress could possibly do. i think the language will be relevant as we see other legal disputes whether the bogus lawsuit filed by mark meadows, other challenges to subpoenas. i think when you see the house, the committee responding to those they'll quote from this opinion and say look how important it is. the d.c. circuit agrees it is imperative we get to the bottom of this. >> what effect does this ruling have on the claims from meadows

and other trump allies that they can't testify because of executive privilege? >> it really is a nail in the coffin i think of the meadows arguments. meadows already was fighting a very uphill battle when he claims he is covered by executive privilege. now this all but answers the question. as kim was talking about the big question is will the supreme court take this case. donald trump has this thing he loves to say. i'm taking it to the supreme court. he said it with his election challenges. you don't get to take things to the supreme court. it is up to the supreme court whether they hear it. i think there is a good chance the supreme court does not take this. i think, look. the reasons the supreme court takes cases is if there is a circuit split. if different circuits around the country are deciding the issue differently or if it is a close question of law. i don't think this is. if the supreme court says, no, we're out, then this ruling we got today is final. executive privilege is rejected and the documents go over to the committee. >> even something at this level.

i mean, judges don't usually like to overrule or overturn, right, am i correct with that? either one? who wants to answer? >> appellate judges don't -- >> go ahead, elie. >> what i was going to add to elie's point about the -- sorry. we're talking over each other. >> okay. try it again. elie. >> yeah, so the supreme court likes to stay out of messy political disputes. this certainly is that. if the supreme court looked at this and said they got it wrong they'd be more likely to step in. i don't think the supreme court is going to look at this and say that. >> kim? >> my response to that i would have agreed with you prior to the dobbs case on abortion which -- and the texas case, settled law for 50 years. no question they didn't need to step in. also some of the questions during the voting era they didn't have to take. i agree with elie completely

this should not be a case they would take. i just don't have the confidence in the legitimacy and neutrality and measured approach to politically charged issues that in my many years of studying the supreme court i got used to. i just don't think that is our courtney more. >> thank you both. i appreciate it. >> thanks, don. >> thank you. i want to bring this now democratic senator elizabeth warren. good evening, senator. thank you so much for joining. >> thank you for having me. it is good to be with you. >> let's talk about this. there is a flurry of developments on the january 6 investigation this week. more interviews, more stonewalling. more problems for trump. how important to our democracy is it to get to the truth of that day? >> look, this is an attack on our american democracy that happened on january 6th. and the whole notion that somehow the republicans think they can stonewall and keep us from going forward and exactly nailing down who did what is

fundamentally wrong. if we don't have real accountability, then these guys know that they can do whatever they want to do and that means we got to put a stop to it. so i support what the house is doing toon this day i look at the folks in the senate, the republicans who voted against having any bicameral investigation of this. that was just wrong. >> i know you're passionate about the next thing i'm asking you about. if you watch the show you know i am too the senate passing a fast track plan to let democrats raise the debt ceiling. 14 republicans crossed the aisle to allow this to happen. you say this is essentially an exception to the filibuster so my question is why can't democrats get on board with more filibuster exceptions like for voting rights? >> well, that is what i think today sets the precedence for. the republicans don't want to be tagged with causing the united states government to default on its debts because that would be

catastrophic. but at the same time for political reasons they don't want to be tagged with the people who raise the debt ceiling so they pushed this off on the democrats. we said wait a minute. this has always been bipartisan. they said no, we can't do that. the democrats say yeah. all right. we'll be the grown ups in the room. we'll raise the debt ceiling. but it'll take 60 votes to do that. so the republicans, mitch mcconnell says he has a great idea. how about a one time exception to the filibuster? that is what passed today so we'll be able to do something that ordinarily the filibuster would mean you have to have #60 votes now only takes 50. my view is we do that to raise the debt ceiling let's do it a second time and get voting rights passed. >> i think there are few things that are as important as voting rights, senator. so bills pushing voter suppression are passing across the country. supporters are taking state and

local election posts. are democrats taking the threat against our democracy seriously enough at this moment? >> well, let me put it this way. we are taking it seriously enough that we have put together a really strong bill in the united states senate. it now has the support of every single democrat. it would protect the right to vote. it would protect the right to get that vote counted. it would end gerrymandering including that's already been passed in the states. it would help beat back the influence of dark money. that's the good news. the problem we've got is the filibuster. we've got almost everybody -- you know me. i'd have gotten rid of the filibuster overall years ago. but right now it's what's holding us up on the voting rights bill, and we've got

almost everybody on board to be able to either change the filibuster over all or create an exception. but look. this is the most important thing we've got to do. we have got to get voting rights passed through. we are now dealing with a major political party that has decided the only way they can win is by changing the laws to keep an extremist minority in power regardless of what voters want. and so we've just got to pass this voting rights bill. we're all working on it. >> let's talk about the economy. there is more positive news today. jobless claims now at the lowest in 52 years. that after some relief at the gas pump. think about this. this is coming out of, you know, covid. and out of quarantine. where the country was shut down. but inflation is still high. what are democrats doing to get this under control because a lot of americans are worried about

inflation. >> well, i understand that. look, there are a lot of different factors at play here right now. we came out of covid, the economy came out of covid faster than anyone had anticipated. consumers changed some of their buying habits and travel habits and that changed the demand side. we've had kinks in the supply chain. another part that nobody is talking about much, and that is how decades of concentration in industry after industry, growing monopoly power has put many, many companies in the position of being able to just price gouge to use the fact that everybody is talking about inflation as a chance to drive prices up even more. so you talk about price at the pump and obviously we're all concern about price at the pump. do keep in mind here that this

is a time when gasoline suppliers have not just kept profit margins the same and are passing along costs. instead, they've used it as a chance to expand their profit margins, in other words price gouging. it is happening in the poulty industry, online. that is part of a long term problem. giant corporations calling the shots, not enforcing monopoly laws, and undermining competition in our economy. short term we've got work to do on getting prices straightened back out. signs are heading in the right direction. but long term, we need an economy that is more competitive. part of that means enforcing the antitrust laws. >> i want to talk more about that but i only have so much time with you. there's been a lot of accomplishments for the biden administration. the infrastructure bill, covid

relief which expanded the child tax credit, the build back better act could pass the senate by christmas. >> yes. >> but a lot of americans are fed up with the infighting as you know. do democrats have an issue with magnifying their problems and diminishing their victories? >> look, right now democrats are spending a lot of time trying to get this huge bill together. at least that is what it is like over on the senate side. we get this thing done. then we can focus on talking about its impact with the american people and better than talking about it we can actually make it have an impact on the american people. right now we're working on this child care bill for example to figure out how to get the thing turned on as quickly as possible. so that parents who are struggling to find child care, parents struggling to pay for child care, can get relief right away. that's the kind of thing we're trying to do.

we're trying to get it worked out so we can actually deliver. when we deliver, we can get out and talk about it. >> okay. this one i know is also dear to your heart, too. or something that is important to you. starbucks workers at the buffalo store voting to unionize, the first time within the company. listen to the reaction from the workers. then we'll talk. [cheers and applause] what does this moment mean for workers across the country demanding better pay and working conditions? >> this is the moment. this is when workers finally have a little bit of leverage and they've realized they got to take advantage of this moment. reach out brothers and sisters and say we're going to have a voice in workplace. because we are not just here for

a short period when there is a real crunch to find workers. we are here to have worker power over the long haul. that means a union. on the senate side it also means we need to be working harder to pass the pro act so workers really have an opportunity to unionize. yay for the starbucks workers in buffalo but a lot more workers are still struggling with employers who keep crushing their opportunity to engage in collective bargaining. >> one more. you're calling on biden to extend, i should say president biden, to extend the pause on student loan repayments which is set to expire in a month and a half from now. it could impact millions of people. what will happen if there is no extension? >> well, a lot of people are going to get squeezed. we've seen some of the polling data and the overwhelming majority of people who have student loan debt say they are not ready to go back to making

student loan payments. we also should be thinking about what the impact is going to be on our economy overall. those student loan payments start again. that is going to take about $85 billion out of our economy. that is money getting spent in local stores. that is money that moves through the economy. and has been a part of the recovery as we've tried to come out of covid. so for me, we need these things to go together. pause student loan repayments and get student loan debt canceled. the president could cancel $50,000 of student loan debt, could do it tonight, president biden, all you got to do pull out a piece of paper and a pen and get it done. >> the interesting part, i talked to you about infighting with democrats but as you were sitting here talking i realize when i have someone on talking about republicans i am usually talking about something wacky boebert did or gaetz or

whatever. and whenever i have a democrat on we are actually talking policy. >> policy. you know, what we're talking about, how to make people's lives better. >> yeah >> i hope it is not just wonky policy. it really is about mamas who need child care. it is about fighting back against the climate crisis. it is about lowering the price of prescription drugs. these are the things that we're working hard on. >> and people can have their differences on that whether they agree or how it should be done or not but that is really where the conversation should be and i thank you for appearing. thank you, senator. >> thank you. she was in the car when daunte wright was shot. and now she is taking the stand. daunte wright's girlfriend testifying in the trial against the officer who fatally shot him. >> to see what happened, i know i was delirious but i was just screaming, they shot him. they shot him. because life starts when heartburn stops.

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daunte wright's girlfriend who was sitting next to him in the car when he was shot and killed by ex-minnesota police officer kim potter on the witness stand today giving emotional testimony about what happened during the deadly encounter. potter is charged with manslaughter but claims she accidentally grabbed her gun instead of her taser as she approached wright during a traffic stop. more tonight from cnn's josh campbell. >> reporter: emotional testimony thursday from daunte wright's girlfriend in the manslaughter trial of former police officer kim potter. potter says she mistook her gun for her taser when she shot and killed wright during a routine traffic stop. wright's girlfriend was in the car at the time. >> really scared. i've never seen him like that before.

i just remember hearing the bang of the gun and then i remember just looking up. >> reporter: wright's girlfriend telling the court what happened after the shooting. >> i grabbed whatever was in the car. i don't remember if it was a sweater. a towel or blanket or something. i didn't know what to do so i just put my hands over his chest and just tried to hold it and scream his name. i replay it in my head daily. >> reporter: after wright was shot he sped away from the scene bleeding from a gunshot wound to the chest. moments later police dash cam video shows wright's car striking another in a violent crash. his girlfriend called out to police on the scene. >> the driver is not breathing. >> trying to push on his chest

and called his name. he wasn't answering me. he was just gasping, like just taking breaths of air. >> reporter: she tells the prosecutor about a face time call with wright's mother while she was still in the car. >> you said you pointed the camera at him. >> yes. no mom should have to see their son dead. >> reporter: the officer who witnessed the crash testifying he didn't know wright had been shot and ordered him to exit the vehicle. >> put your hands up. get out of the car. yes you. >> reporter: the police getting wright's girlfriend out of the car then cuffing her and leading her away. >> you are not under arrest. put your hands behind your back. >> reporter: after securing the scene officers began rendering medical aid to wright trying to revive him. >> assessing his injuries trying to figure out how to save his life. >> reporter: new police body cam video shows numerous officers soon arriving to a scene of utter confusion.

>> shot is fired? >> there were shots fired down there? >> i don't know. i didn't hear that. it was a traffic stop. they had one with a warrant. as i'm pulling up this way the car takes off, hits and crashes here. he's got a gunshot wound. i didn't fire. i have no idea. obviously he got shot somewhere between there and here. >> reporter: while on the stand wright's girlfriend detailed her injuries from the crash. >> my jaw, my blood was spilling from my mouth. >> reporter: don former police officer kimberly potter has pleaded not guilty to charges of first and second-degree manslaughter. late today m court her attorneys asked the judge for a mistrial taking issue with some of the evidence introduced by the prosecution. the judge denying the request. this trial will continue. another compelling day of testimony, one thing is clear, by calling to the stand daunte wright's girlfriend as well as another motorist who was in a vehicle that was struck by daunte wright as he was driving

away suffering from the gunshot wound prosecutors are trying to show the jury there were multiple people impacted by the former officer's fateful decision to pull her service weapon rather than a taser. don? >> josh campbell, thank you so much. so we don't know how he died. but we do know a former new orleans saints glen foster jr. died in custody. his parents are demanding to know what happened. they join me next. for fast drug free relief vicks sinex. instantly clear everyday congestion. and try vicks sinex children's saline. safe and gentle relief for children's noses. ♪ ♪ ♪ (sha bop sha bop) ♪ ♪ are the stars out tonight? (sha bop sha bop) ♪ ♪ ♪ alexa, play our favorite song again. ok.

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alabama state authorities are investigating the death of former new orleans saints player glen foster jr. two days after he was taken into police custody. the 31-year-old died monday at a medical facility according to a statement from the alabama law enforcement agency. he was arrested saturday after officers said they spotted him driving up to 90 miles per hour in a 45-mile-per-hour zone. after being booked in jail authorities told foster's family he had been involved in an altercation with another inmate. arrangements were made for foster to be taken to a devin facility and the sheriff's office which was in charge of transporting foster told his family he got into the cruiser without incident. but when he arrived at the medical facility foster was unresponsive and couldn't be revived. joining me now glen's parents.

glen foster sr. and sabrina foster and their attorney benjamin crump. thank you all for joining, mr. and mrs. foster, we are so sorry for your loss. ms. foster, mrs. foster, tell me about glen. >> well, ben was a loving person, a loving husband, father, son, brother. he was a very active in the community. he was a very successful businessman. he was an intelligent guy who had ambition. he lived a very happy, happy life. we raised a beautiful son. he was well educated. he had good entrepreneurship. he was just someone that was like the life of every party. so glen was a loving person. everyone loved glen. when he stepped into a party,

they knew glen was going to be just the life of the party. in a good way. >> mr. foster, tell us about the days leading up to his arrest. do you believe your son may have been suffering from a mental health episode? please talk to me about that. >> i can say, don, glen's behavior was a little different than what we usually had with him. we were concerned. and we, believe it or not, when he was caught by the police, i thought to myself in my mind that he's in one place now we can arrange to get him some help. and we were having a positive

experience with chief black and then the wheels came off when the sheriff got involved. >> mrs. foster, the police say they contacted -- let me go back here. what do you mean the wheels came off? >> well, obviously the e-mail saturday morning from chief black stating my son was arrested, call me right away. which i did. we told chief black and chief black through his observation of my son discovered something wasn't right. he said, there is no signs of any drugs. there is no sign of any alcohol. but does your son have any type of mental crisis? we told him that, you know, when

he was in his 20s, i think 20 years old, he did have an episode in college and he received treatment and he was weaned off his medication and has led a productive life. and going forward, we arranged to meet with chief black, pay my son's bail the following sunday and then we had plans and already reached out to the university of alabama birmingham medical to actually have my son transported by chief black to uab birmingham to receive treatment. however, when we got there, the chief came back out from the jail and said, we can't release

your son because now he is under the custody of the sheriff. >> what do you think happened, mrs. foster? >> i don't know. i don't trust the story. they told us what had happened and was just so unbelievable because we were just so ready to move forward. i believe that glen probably was purposel purposely injured and they just did not want us to know something was wrong. >> ben, what questions do you have for owe figures tonight? >> what happened to glen foster from the time he got into that vehicle until the time he got to the hospital? we intend don on having an independent autopsy to give this family and the public the answers they need to know about why is it when a black person is

having a mental health crisis in law enforcement custody it leads oftentimes to a death sentence. >> authorities say no cause of death has been determined. when do you think that will be disclosed? >> that's why the family is going to have an independent autopsy, don, because those state issued autopsies can linger and in alabama we don't know how long it will take but we are concerned with dr. michael bot and some pathologist to do some independent autopsies so mr. sabrina and mr. glen will get the answers and his wife and four young daughters will have answers as to what happened to their father glen foster jr. >> i know you say mr. and mrs. foster you said you want justice

and attention brought to this case. what is your final word? >> we want justice and accountability. we want justice and accountability. >> absolutely. glen can't speak for himself any longer. we have to speak for him. we want to make it loud and clear that, you know, my son's life was precious to not only us but to the community, to his wife, friends, family. i've got four grand daughters. we all had thanksgiving dinner together. as a family. we won't have all of christmas because my son is gone now. i believe it was avoidable what happened to him >> i am so sorry that this happened. please continue to update us. you guys take care of yourself. ben, thank you.

thank you, mr. and mrs. foster. >> thanks for having us. >> thank you. we'll be right back. with fidelity. and with a scenario that makes it a possibility, she'll enjoy her dream right now. that's the planning effect, from fidelity. [microwave beeps] [ahh] ♪ ♪ ♪ i'm so defensive, i got bongos thumping in my chest ♪ ♪ and something tells me they don't beat for me ♪ ♪ i love romance, but i got eggshells around me ♪ ♪ don't step on 'em, don't step on 'em ♪ ♪ don't step on 'em, don't step on me ♪ ♪ ♪ ♪ he'd better not take the ring from me ♪ ♪ ♪ ♪ hey google.

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the cdc announcing 16 and 17-year-olds are now eligible to receive a pfizer booster as covid cases in the u.s. are on the rise. president joe biden meeting with his covid response team saying he is encouraged by the

effectiveness of a third shot and urging americans to get their booster. pfizer executives saying the omicron variant could increase the likelihood of needing a fourth shot. i'll bring in now professor of emergency medicine and associate dean of public health at brown university. doctor, thank you. good to see you. how important are those boosters for 16 and 17-year-olds? winter is coming and the number of cases, deaths, hospitalizations all rising >> i think this booster has been approved for 16 and 17-year-olds out of an abundance of caution. remember the fda and cdc declined to approve it for this age group earlier when we thought we were just fighting delta but there is new data coming around omicron suggesting that a third dose is necessary potentially to fully fight off the omicron variant and now is the time before it starts

spreading full fledged on the shores of the united states. that was a big part of it being approved for the younger age groups at this time. >> the ceo of pfizer said in light of concerns about omicron a fourth dose of the covid vaccine may eventually be needed. only about 27% of adults have gotten the third shot, the booster. when and why would a fourth dose be necessary? i can hear people saying, oh, my gosh, another one? >> i think that is a totally natural reaction. i want to see some independent, scientific data before we start talking about more doses. it has taken a while to even get the third dose in even the most vulnerable folks. there is data showing many nursing home residents still have not gotten their third dose booster. that is the group for whom boosters are most needed. as always, i try to emphasize doing the thing with the biggest public health impact.

it is getting the first and second dose of vaccine, the primary series, and now the booster for the vulnerable folks is far too early to talk about a fourth dose at this point. i think it is just speculation on pfizer's part. >> according to a survey by the kaiser family foundation most parents are still worried about the safety of covid vaccines for kids and about 3 in 10 say they will definitely not vaccinate their children. what do you say to those reluctant parents? >> my first thing is i've gotten both of my own kids vaccinated. my 10-year-old and almost 13-year-old are fully vaccinated, did great. you know why i got their shot? covid is one of the top ten causes of death for kids in the united states. the shots have caused zero deaths of kids in the united states. as a parent my job is to protect my kid from common causes of illness, injury, and death. these shots are one of the best ways to do that.

>> families were hit hard by this pandemic and the same kaiser poll about 73% of parents say the pandemic has had a negative impact on their children's education. will this have lasting effects you think? >>. >> data from other countries where schooling has been delayed or stopped for periods of time show that missing school has long term negative effects on children both educational progress and their mental health. i worry deeply about kids across the united states especially kids in communities where school continues to be canceled because of spread of covid, lack of vaccination, or because of lack of teachers. unfortunately it is largely black, brown, and some of our lower income neighborhoods that are being most affected by the school closures. the surgeon general released a report this week around kids' mental health. it is time for us to double it is time for us to double down on the younger generation as we

start to hopefully come out of this pandemic in 2022. >> as you said, hopefully come out of this pandemic in 2022. i hope your words ring true. thank you very much, dr. ranney. i appreciate it. >> thank you. >> we'll be right back. how eass to get health coverage. i'm only paying $52 a month for there are quality plans for even less. my job doesn't offer health insurance, but with the new law, i found an affordable plan and only pay $47 a month. actually, a friend of mine recommended healthcare.gov and now we're paying less than $60 a month for coverage. i was skeptical at first, but it is real. i'm covered with no monthly payment. new law. lower prices. more people qualify. at healthcare.gov (whispering) look, it's working. he thinks it's a video game. man: he's learning. woman: and he doesn't even know it! muahahaha! muahahahahahaha! muahahaha! ♪ mua-ha-ha-ha, mua-ha-ha-ha ♪ ♪ mua-ha-ha-ha, mua-ha-ha-ha ♪ ♪ thank you ♪

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♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. in a final note tonight, i want to send good luck and best wishes to my former nbc news

colleague mr. brian williams. he is signing off tonight on his msnbc show "the 11th hour l" fo the last time. he announced last month he is leaving nbc and its parent company, nbc news, where he has worked for nearly 30 years. he says he is going to pursue new opportunities. he has been a tough competitor in this 11:00 time slot, and all ofs here at "don lemon tonight" wish him the very best going forward. good luck, brian. and thank you for watching. our coverage continues. even if it's still... a little awkward. how've you been? -i'm so good! ♪ this is what healthier looks like. ♪ get help managing your money for the life -- and years -- ahead. with fidelity income planning, we'll look at what you've saved, what you'll need, and help you build a flexible plan for cash flow designed to last. so you can go from saving... to living.

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against himself. the jury in that case has spoken, and we'll bring you details on that. first, there is breaking news out of washington. a major loss for the president. federal appeals court says he he cannot keep his records secret. this comes as the select committee is getting a glimpse into who knows what during the capitol attack. the context of the text messages and emails voluntarily handed over by the former president's former chief of staff mark meadows without any claim of executive privilege. meadows, as we reported last night is now refusing to talk to the committee and suing the members along with the house speaker along with nancy pelosi. there's a lot to get to. first let's get to details on th