without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. tonight a major setback for the former president and 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 has 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 just moments. and searching for answers in alabama after former nfl player glen foster jr., only 31 years old, dies in police custody. joining me now, cnn's legal analyst, elie honig, and kim wehle. she is a former federal prosecutor and the author of "how to read the constitution and why." good evening. elie, i'm going to start with you. the appeals court again echoing this argument that trump cannot claim executive privilege, that president biden, the man holding the office, has waived. it's a slap at trump's fundamental argument, the same one by the way that he's always trying to use. >> yeah, don. some legal cases are close calls, could go either way. the law could be interpreted either way. this was not that. this was 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, and 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 they say essentially, it's hard to think of anything more important that congress could do than investigate january 6th. >> and, kim, the court also saying that 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, and i actually picked up

on that exact language when i read it too, the grab bag argument. essentially the judge even suggests that donald trump is sort of complaining about kind of 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, as elie suggests, we have two branches of government, the congress and the presidency, the article 2 president, that is joe biden, who want this to go to the united states congress, and the court saying it's not our role to upend all of this. and 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 it should be. and really the question is whether this is -- the former

president. whether this is going to kick the ball far enough down the field that we'll get to the midterms without a resolution. >> let's talk about the supreme court. by the way, a spokeswoman for trump saying tonight that his suit was always destined for the supreme court. do you think they're going to take it up, and could they expedite it? and another question, if they do -- if they rule on it, how will they rule and can they expedite it? three questions. i know it's a lot. >> they can expedite it. i think because it involves dueling presidents, that is a former president and the sitting president and it's 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 will unlikely that they wouldn't. but i'm not so sure that the court is going to rule in favor of donald trump, and 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 waver or even be split on this issue if they did take it, that's one more nail in the coffin of the legitimacy of this u.s. supreme court because this should be a slam dunk. >> yeah. elie, 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 evidence of the former president's involvement in the insurrection? how did you read that? >> yeah. the opinion, don, goes beyond what it has to say about what the committee is doing here. they could have just said, look, the committee has a legitimate legislative purpose. that's good enough for us. but they spent pages and very strong language saying that january 6th was an attack on our democracy, things we all know.

but they go out of their way. they say this is the important work that congress could possibly do. i think that language is going to be relevant as we see other legal disputes, whether it's the bogus lawsuit filed by mark meadows, other challenges to subpoenas. i think when you see the house, the committee responding to those, they're going to quote from this opinion and say, look how important it is. the d.c. circuit agrees with us that it is imperative that we get to the bottom of this. >> what effect, elie, does this ruling have on the claims from meadows and other trump allies that they can't testify because of executive privilege? >> yeah, it really is, you know, a nail in the coffin, i think, of the meadows arguments. meadows was already fighting a very uphill battle when he claims he's covered by executive privilege. but now this all but answers that question. of course as kim was talking about, the big question now is will the supreme court take this case. you know, 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's up to the supreme court whether they hear it. i actually think there's a good chance the supreme court does not take this. i think, look, the reasons the supreme court takes cases is if there's a circuit split, if different circuits around the country are deciding the issue differently or if it's a close question of law. i don't think this is. if the supreme court says no, we're out, then this ruling that we got today is final. executive privilege is rejected, and those documents go over to the committee. >> even something at this level, i mean judges don't usually like to overarule or overturn. am i correct with that, either one? who wants to answer? >> appellate judges -- >> go ahead, elie. >> well, what i was going to add to elie's point about the supreme court -- sorry. we're talking over each other. >> okay. i'm going to try this 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's going to look at this and say that. >> kim. >> my response to that, i would agreed with you prior to the dobbs case on abortion and the texas case as settled law for 50 years. no question they didn't need to step in. also some of the questions that came up during the voting era, they didn't have to take. so i agree with elie completely that this should not be a case that they should take. i don't have the confidence in sort of 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's our court anymore. >> thank you both. i appreciate it. >> thank you. i want to bring in now democratic senator elizabeth warren. good evening, senator. thank you so much for joining. >> thank you for having me. it's good to be with you. >> absolutely.

let's talk about this because there's a flurry of developments on the january 16 -- 6th investigation this week. 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 just fundamentally wrong. if we don't have real accountability, then these guise 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, and i to this day, look at the folks in the senate, the republicans who voted against having any bicameral thing i'm going to ask you about, i know you're passionate about it and if you watch this show, you know that i

am too. the senate passing this fast track plan that would allow democrats raise the debt ceiling. you say this is essentially an exception to the filibuster. so my question is why can't democrats get onboard with more filibuster exceptions like for voting rights? >> well, that's what i think today sets the precedent for. look at what happened. 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 push this off on the democrats. we said, wait a minute. this has always been bipartisan. they said, no, no, we can't do that. so the democrats say, yeah, all right. we'll be the grown-ups in the room. we'll go ahead and raise the debt ceiling, but the filibuster, it will take 60 votes to do that. so the republicans, mitch mcconnell says he has a great idea. how about a onetime exception to

the filibuster? and that's what passed today so that we're going to 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. 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. big lie 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 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, and it would protect the right to vote. it would protect the right to get that vote counted. it would end gerrymandering, including gerrymandering that's

already been passed in the states. and it would help beat back the influence of dark money. that's the good news. the problem we've got is the filibuster. so we've got almost everybody -- well, you know me. i would 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 onboard to be able to either change the filibuster overall 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 that the only way they can win is bhe laws to keep an extremist minority in power regardless of what voters want. >> mm-hmm.

>> and so we've just got to pass this voting rights bill, and we're all working on it. >> elite tlet's talk about the . there's 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, right, where the country was shut down. but inflation still is high, senator. what are democrats doing to get this under control because a lot of americans are worried about inflation. >> well, i understand that. and, 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. you know the 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's 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 concerned about price at the pump. but do keep in mind here that this is a time now when the gasoline suppliers have not just kept their 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. and it's happening in the poultry industry. it's happening online. that's part of a long-term problem of giant corporations calling the shots, of not enforcing monopoly laws, and of undermining competition in our

economy. so short term, we've got work to do on getting prices straightened back out, and the signs are heading in the right direction. but long term, we need an economy that is more competitive, and part of that means enforcing the antitrust laws. >> okay. well, i want to talk more about that, but i only have so much time with you and i have a lot of ground to cover. >> got it. >> there's been a lot of accomplishments for the biden administration. >> uh-huh. >> 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's what it's 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 who are 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, then we can get out and talk about it. >> okay. this one i know is also dear to your heart too, or something that's important to you. i shouldn't put it that way. i got to ask you about starbucks workers at the buffalo store voting to unionize. it is the first time it has happened in the company. listen to the reaction from the workers and then we'll talk. [ cheering ]

>> so what does this moment mean for workers across the country who are demanding better pay and working conditions, senator? >> oh, this is the moment. this is when workers finally have a little bit eof leverage and they've realized they've got to take advantage of this moment. reach out, brothers and sisters, and say we're going to have a voice in the workplace because we're not just here for this short period of time when there's a real crunch to find workers. we're here to have worker power over the long haul. and that means a union. on the senate side, it also means we need to be working harder to pass the pro act so that workers really have an opportunity to unionize. yay for the starbucks workers that got this done 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 extent the pause on student loan repayments, which is set to expire about 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 really going to get squeezed. we've seen some of the polling data on it, 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's going to be on our economy overall. those student loan payments start again, that's going to take about $85 billion out of our economy. and always keep in mind that's money that's getting spent in local stores. that's money that moves through this 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. >> you know the interesting part. i talked to you about infighting with democrats, but as you were sitting here talking, what i realized is when i have someone on and talking about republicanism, it's something wacky a boebert did or a gaetz, and whenever i have a democrat on, we're actually talking policy. >> you know what we're talking about? we're talking about how to make people's lives better. i hope it's not just wonky policy. >> it's important. >> it really is about mamas who need child care. it's about fighting back against the climate crisis. it's about lowering the price of prescription drugs. these are the things that we're working hard on. >> and people can have their differences, whether they agree with it or how it should be done or not, but that's really what

the conversation should be. i thank you for appearing. thank you, senator. >> thank you. she was in the car when daunte wright was shot and now she's taking the stand. daunte wright's girlfriend testifying in the trial of the officer who fatally shot him. >> i know i was delirious. i was just screaming, they shot him, they shot him. and get back to your rhythm. ♪ the relief you need. the cash you want.

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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. >> he was really scared. i've never seen him like that before. i just remember, like, hearing like 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 like whatever was in the car. i don't remember if it was a sweater, a towel or blanket. i didn't know what to do. so i just -- i just put my hands over his chest, and i just tried to hold it, and i just tried to scream his name.

>> 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. >> i was trying to push on his chest and call his name, and he wasn't answering me. he was just gasping, like just -- just taking breaths of air. >> reporter: she tells the prosecutor about a facetime call with wright's mother while she was still in the car. >> he said that you pointed the camera at him. >> reporter: the officer who witnessed the crash testifying that he didn't know wright had been shot and ordered him to exit the vehicle. >> put your hands up!

get out of the car! >> reporter: the police getting wright's girlfriend out of the car, then cuffing her and leading her away. >> you're not under arrest. put your hands behind your back. >> reporter: after securing the scene, officers say they began rendering medical aid to wright. >> assessing his injuries, trying to figure out how best to treat his injuries and save his life, sir. >> reporter: new police body camera footage introduced thursday shows numerous other officers soon arriving to a scene of utter confusion. >> so 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 they're -- as i'm pulling up this way, the car takes off, hits the subaru and crashes here. he's got a gunshot. i didn't fire it so i have no idea about that. >> reporter: while on the stand, wright's girlfriend detailed her injuries resulting from the crash. >> my jaw --

>> former police officer kimberly potter has pleaded not guilty to charges of first second degree manslaughter. late today in court her attorneys asked the judge for a mistrial, taking issue with some of the evidence introduced by the prosecution. the judge denying that request. this trial will continue. another compelling day of testimony. one thing is clear. by calling to the stand daunte wright's goifirlfriend as well another motorist who was in a vehicle that was struck by daunte wright as he was driving away, prosecutors are trying to show the jury there were multiple people who were impacted by that former officer's fateful decision to pull her service weapon rather than a taser. don. >> josh campbell, thank you so much. we don't know how he died, but we do know former new orleans saint glen foster jr. died in custody. his parents are demanding to know what happened. they join me next.

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hour in a 45-mile-per-hour zone. after being booked in jail, authorities told foster's family that he had been involved in an altercation with another inmate. arrangements were made for foster to be taken to a different facility, and the sheriff's office, which was in charge of transporting foster, told his family that he got into the cruiser without incident. but when he arrived at the medical facility, foster was unresponsive and couldn't be revived. so joining me now, glenn's parents, glenn 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. mrs. foster, tell me about glenn. >> well, glenn was a loving person. he was a loving husband, father, son, brother. he was very active in the community. he was a very successful

businessman. he was an intelligent guy who had ambition, and 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 -- he was like the life of every party. so glenn was a loving person. everyone loved glenn. when he stepped into a party, they knew that glenn 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. you believe your son may have been suffering from a mental health episode. please talk to me about that. >> well, i can say, don, that glenn's behavior was a little different than what we usually

have with him, and we were concerned. and we -- believe it or not, when he was caught by the police, yi thought myself in my mind, 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 that they -- hold on one second. let me go back here. what do you mean the wheels came off? >> well, on -- i received an email saturday morning from

chief black stating that 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 that something wasn't right. he said there's no signs of any drugs. there's no signs of any alcohol. but does your son have any type of mental crisis? and we told him that, you know, when he was in his 20s, i think 20 years old, that he did have an episode in college, and he received treatment, and he was weaned off of his medication, and he 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 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's under the custody of the sheriff. >> what do you think happened, mrs. foster? >> it's -- i don't know. i don't trust the story. they told us what had happened, and it just was so unbelievable because we were just so ready to move forward. i believe that glenn probably was grievously injured, and they just did not want us to know

something was wrong. >> ben, what questions do you have for officials tonight? >> what happened to glenn 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, ben, no cause of death has been determined. when do you think that that will be disclosed? >> you know, that's why the family is going to have an independent autopsy, don, because those state-issued autopsies can linger forever, and in alabama, we don't know

how long it will take. but we are consulting with some pathologists to do an independent autopsy so miss sabrina and mr. glenn will get the answers, and his wife and four young daughters will have answers as to what happened to their father, gln foster jr. >> i know that you say mr. and mrs. foster, you said you want justice, and you want attention brought to this case. what's your final word? >> well, we want justice and accountability. we want justice and accountability. >> absolutely. glen glenn can't speak for himself any longer. we have to speak for him, and 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 granddaughters. we all had thanksgiving dinner together as a family, but we won't have christmas because, you know, my son is gone now. >> yeah. >> and i believe it was avoidable what happened to him. >> i'm so sorry that this happened. please continue to update us. you guys take care of yourself. ben, thank you. thank you, mr. foster. thank you, mrs. foster. >> thanks for having us. >> thank you. we'll be right back. frequent heartburn? not anymore. the prilosec otc two-week challenge is helping people love what they love again. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com.

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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. but pfizer executives saying the omicron variant could increase the likelihood of needing a fourth shot. i want to bring in now dr. megan ranney, professor of emergency medicine and associate dean of public health at brown university. doctor, thank you. good to see you. how important -- >> it's good to be here. >> -- are those boosters for 16 and 17-year-olds because winter is coming and the numbers of 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 had declined to approve it for this age group earlier when we thought we were just fighting delta. but there's new data coming around omicron suggesting that a third dose is necessary potentially to fully fight off this omicron variant. and now is the time to get boosted, before it starts spreading full-fledged on the shores of the united states. i think that was a big part of the reason for the booster being approved for these younger age groups at this time. >> the ceo of pfizer said that in light of the concerns about the omicron variant, 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 because whether you say a fourth dose, i can hear people saying, oh, my gosh, another one? >> you know, i think that is a totally natural reaction. i want to see some independent

scientific data before we start talking about more doses. you know, it's taken us a while, as you say, to even get this third dose in even the most vulnerable folks. there's data showing that many nursing home residents still have not gotten their third dose booster. that's the group for whom boosters are most needed. as always, i try to emphasize doing the thing with the biggest public health impact. it's getting that first and second dose of vaccine, that primary series, and now the booster for those vulnerable folks. it is far too early to talk about a fourth dose at this point. i think it's 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 parents say that 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. both my 10-year-old and my almost 13-year-old are now fully

vaccinated, did great. and you know why i got their shots? it's because 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. >> you know, families were hit hard by this pandemic. in the same kaiser poll, about 73% of parents say the covid pandemic has had a negative impact on their child's education. will this have lasting effects, you think? >> data from other countries where schooling has been delayed or stopped for periods of time shows that missing school has long-term negative effects on children, both their educational progress and their mental health. i do worry deeply about kids across the united states, especially, don, kids in communities where school continues to be canceled because

of spread of covid, lack of vaccination, or because of lack of teachers. and unfortunately it's largely black, brown, and some of our lower-income neighborhoods that are being most affected by these school closures. the surgeon general released a report this week around kids' mental health. it is time for us to double down on supporting the younger generation as we start to hopefully come out of this pandemic in 2022. >> as we 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.

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and 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" for the last time. brian announcing last month that he is leaving msnbc and its parent company, nbc news, where he has worked for nearly 30 years. he says he's going to pursue new opportunities. he has been a tough competitor in this 11:00 time slot, and all of us here at "don lemon tonight" wish him the very best going forward. good luck, brian. and thank you for watching. our coverage continues. 100% stain removal, 24 hour stain resistance to lock in your whitest smile.

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hello and a very warm welcome to our viewers joining us in the united states and right around the world. i'm isa soares in london. just ahead here on "cnn newsroom." >> this is another billie for trump's argument about the protection of executive prilk. >> one of the things he was doing was impugning the current president and the house without really making any arguments. he had plenty of arguments to make. he just chose not to make them. >> the committee now one step closer to getting their hands on what's hundreds of pages of documents. >> the january