top of the hour, on this tuesday, i'm jim sciutto. >> and i'm erica hill. we're following several stories at this hour. first after 17 months of collecting evidence and interviewing hundreds of witnesses, the january 6 committee officially referring former president trump to the justice department for criminal prosecution on four counts, among the four counts, the charge of inciting an insurrection. these criminal referrals are mostly symbolic. it does increase the number of eyes that are on the doj and next moves there. as the investigations involving the former president are already moving pretty swiftly. >> plus today the biden administration faces a deadline to respond after supreme court chief justice john roberts put a temporary hold on ending title 42. that rule allows officials to turn migrants away at the border because of pandemic era concerns. it will stay in place for now. we'll see how long.

we will be live from the border. and overnight lawmakers will avert a shutdown and fund the government for months. chris murphy will join us to discuss as congress looked to approval a year long bill by the end of the week and before christmas vacation. and first let's bring in evan perez for more on the criminal referrals for president trump. some of this we knew prior to yesterday. there was a compilation of stuff but there was new bits of testimony in there. what were the highlights to you. >> the highlights for the justice department is going to be finally getting its hands on the evidence and the transcripts of thousands of pages of interviews that they have done. a lot of what the justice department is doing it really aligned with what the committee found. right. we know from some of the subpoenas in the grand jury here in washington looking into the january 6th issues, they have been looking at some of the same

things. the obstruction of the congressional proceeding, for instance. where they differ and where they diverge is on the issue of insurrection which is a very difficult law that justice department has looked at and has yet to use in all of its investigation. here is one of the members of the committee adam schiff discussing what the findings were. >> it was important, i think, as a matter of accountability for the justice department, the american people now understand in the view of our committee, the former president committed a serious crimes that the justice department needs to investigate and that i think will hopefully hold the justice department to the standard it set out at the beginning of the investigation, that it would follow the evidence wherever it leads and it would have only one standard of the rule of law and apply it equally whether you're a president or an ordinary citizen. >> one of the important parts of this, jim, is that this committee is speaking for congress, which was a victim of a crime on january 6th. >> that is the thing.

it is a great point. erica, we've talked about that. >> yeah. >> the target was not just the process, but the republicans and democrats sitting on hill that day. >> and there is also now an increase focus on the special counsel jack smith, when he will return to the u.s. and he was laid up by a bike accident. do we have a time line. >> over the holidays they're expecting him to come back and since he's got appointed his plan was to bring over these investigators from -- that have been handling the classified documents as well as the january 6 investigators there is more than 20 of them. and they're all going to come in in a separate office that he will set up. but as the justice department likes to point out and jack smith himself said, just the fact that he's still in the netherlands doesn't mean the work has not continued.

there is no stop to the work. and we've seen the proof with the grand jury activity we've seen recently. >> it is moving forward at an increased clip at this point. evan, thank you. this afternoon the house ways and means committee will hold a closed door meeting on whether to make trump's tax returns public. >> you remember the former president never released his returns while on the campaign trail. the only president in modern history who has refused to do so. lauren fox joins us from capitol hill. what is the process here and what is the next step? >> yeah, i mean, the house ways and means committee chairman richard neil has had access to this for a number of weeks but what is important about today's meeting is it is an important for the committee to go behind closed doors and have a conversation about whether or not they are going to release some of this information or all of this information for that fact. and i think one of the things that tlar going to be weighing in the meeting is what the

future looks like of the committee if they use this section of the tax code to reloose this information. we expect they will meet today at 3:00 and go into the closed-door session and then have that discussion. after that they will come out of the executive session and they will vote on whether or not to release this information. but it is a significant day. because it really could, if they release some of this information, shed light on the former president's taxes and whether or not he paid taxes and what years he paid taxes and they didn't just request the actual tax returns, they requested broader tax information, that means any notes that the irs has on ongoing audits or audits that are finished up, that could be included in this treasure trove of information that house ways and means have. so this is a very consequential meeting not just for today but for the future of congressional investigation news taxes in the future. >> lauren fox, thank you so much. well joining us now to

discussion in the last 24 hours developments, former prosecutor elie honig and jackie kucinich from the "boston globe." there is a lot to go through with this report but one issue is this question of negligence. did trump not just incite the riot, or even short of that not do enough to stop it and hope hicks she tempted a campaign aide during the riot that on january 4th and 5th, the days before she told trump to call on those attending to be peaceful. that the tex reads i suggested it several times on monday and tuesday and he refused. when you hear testimony like that, in addition to the three hours on the day where aides say he didn't do anything, does that add up to some sort of criminal negligence? >> so, jim, i think that kind of evidence is helpful but not necessarily enough on its own for a criminal prosecution. negligence is not enough here to sustain any of the charges that are in play, obstruction or

conspiracy or certainly insurrection. you have to show some more specific intent. the way i view the facts around what donald trump did on that day, during those 187 minutes, is from a prosecutor's view, he did nothing when he should have done something. that is important. but again that is not a crime on its own. would you argue that as intent. it shows you that what these people were doing at the capitol is exactly what donald trump wanted and intended because he could see on the tv they were ransacking the place and so his failure to act, i would argue as a prosecutor is important evidence of his overall intent. >> and you noted that despite jamie raskin's pledge, masterminds and ringleaders could not get a free pass. here in new york city, you know that is not always true. when you add politics into the equation, it would seem that it is even less likely sometimes that leaders face consequences. what is that conversation this morning in washington? >> right. it is seemed to be a little bit

of wishful thinks when it comes to that statement. i've covered police departments, i've covered district attorneys, prosecutions, and yes, often in law enforcement you will go after maybe people on the lower end, maybe people not at the top. possibly to even involve them in the investigation. so that you could gather information and go after people at the top and try to actually bring sufficient evidence to have a sufficient investigation for people at the top. but it just doesn't always happen that way. and now in d.c. in washington today this is really the question. there was so much focus especially with the hearing and throughout this televised hearing, on president trump and there will be people watching to see now what happens with the justice department, obviously it is very clear that the standard the justice department has when it comes to the congressional committee is much different and much higher. we have to be clear about that. but even just yesterday, and throughout the televised hearing, it is very hard now to also only have a scope on

actually january 6. it is very clear that you have aide after aide and of the former president in the days leading up to the actual day, saying that there was no basis for these claims of -- for these claims of election fraud. there was more and more building evidence that he was warned of that and for the american people, after these hearings, i think one takeaway will be that january 6 and the story of it will no longer be limited to that day but the actions not taken leading up to it. >> there is, jackie kucinich, the potential for criminal charges and you could have a indictment and not a conviction. in the meantime, there is political damage. and i wonder, as you see some, not all but some of trump's fortunes fall, including losses in the midterm elections and polls that show some republicans

are open to another potential leader of the party. are we already seeing some of that political damage? >> we do see the political damage. i mean we saw it in this last election. as you mentioned, the election deniers very much did not win most of their -- most of their contests. that said, there is still that 30%, at least one of the last polls i looked at, that do support the former president and when you have so many republicans seem to be interested in the nomination going into 2024, you wonder if you're going to have the same situation that we've seen in previous -- in the last time there was a crowded field. whether that would divide the folks that aren't necessarily as ready for a second turn with the former president at the helm. but you're right, there are more republicans now who are, you know, at minimum sick of the drama, at the other end fearful for what this means for

democracy should this happen again. >> you know, as we look at where we're at, it is interesting, the former vice president yesterday saying and i'm paraphrasing that really an indictment could be bad for the country. if it is there, this is probably not good for the country it is so divided. maybe not a good idea. the "wall street journal" echoing that saying this would be too political which seems that it would be equally political not to indict in the facts are there. do you think the doj has the stomach at this point to treat every american the same way in the eyes of the law? >> well, erica, i've been skeptical toward doj but i will say this, it is the job of prosecutors to consider the facts without regard to politics. if you look at the justice manual it said you are not to consider an individual's fame or infamy or notoriety or popularity in considering whether to charge him. that said prosecutors are not robots.

merrick garland will try to take account of the broader political spectrum. so, i can't predict what he will do. i will tell that you prosecutors should and we hear merrick garland say this all of the time, separate out the politics. but i don't foe if you could do that when you're talking about such a well-known, such a divisive and popular in some corners figure and you have to think about a jury. there is a big difference between indictment and conviction. indicting a former president would be a monumental step, a difficult step. but turning that into a conviction and getting 12 common citizens unanimously in a crim trial, to find someone guilty, that is a tougher lift and i think prosecutors have to calculate for that. >> i mean, there are the ex trainus political issues and that is that the potential target is a candidate for president. he's not just a former president. and so i'm sure you all have thoughts on this. i'm going to give jackie the

last word. but does that need to be part of the calculation for a justice department? because there are a whole host of implications beyond donald trump to a justice department. >> right. i mean there is already a special counsel for a reason here and that is one way that they're handling it. but i wanted to note one thing that is an enduring consequence of january 6, and that is already happened and that is the changes in the election laws around the country. that various states have made because of the president's misinformation. also in the omnibus that perhaps will pass in the next couple of days is the electoral accountability act which makes it clear that the vice president's role is ceremonial and makes it a bit higher, the congressional which would require lawmakers to -- to object to state electors. so there are things that are very much going to be a part of american life for a while as a

result of what happened in the lead-up and january 6. >> i'm going to give you a chance next time to pipe on that. but thank you so much to all of you. >> no problem. still to come, the expiration of title 42 is on hold after the supreme court steps in. what does that mean for thousands of migrants looking to make way into the u.s. from mexico. we are live this morning on both sides of the border. plus lawmakers in the early morning hours introduced a sweeping bill to fund the government in the next year. will it make the president's desk in time to avoid a shutdown? senator chris merurphy joins meo discuss that and a whole host of issues. that is coming up. (limu squawks) he's a natural. only pay for what you need. ♪liberty. liberty. liliberty. liberty.♪ young lady who wasas, you know, mid 30s, couple o of kids, recently went through a divorce. she had a lot of questions when she came in.

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tensions ratcheting up at the u.s./mexico border where to title 42 is in place now after john roberts stepped in. it was due to expire tomorrow. roberts has now issued a temporary hold. where does this go from here. >> at this point thousands of migrants hoping to the enter the country are bracing for what comes next. ed lavendera joining us from el paso, texas. el paso expecting a surge ever migrants when title 42 ends and this temporary hold as i understand it hasn't changed plans for city. sfr >> reporter: yeah, right now, as they wait for the judges to announce on that front, that everything here will proceed as if title 42 is going to be lifted on wednesday. and right now city and council officials are most concerned

about opening up as much shelter space and trying to open up several warehouses and even some unused school buildings that could be used to keep migrants off the streets as they generally have been crossing into the u.s. and having to wait here several days to get transportation to their final destination. again, once important to point out that the migrants that they are dealing with, the vast majority of these people have been processed through border patrol, have the paperwork to remain legally in the u.s. while they await their immigration court proceedings. so they are really focused on moving these people out of the el paso area as quickly as possible because they know there could very well be even larger groups of migrants behind them. so they say that is the biggest challenge at this point and that is what they're the most focused on. but there has been some dramatic changes on the border here in el paso overnight. texas national guard soldiers as well as texas department of public safety state troopers

were seen, cnn witnessed them this morning setting up chain-link fences for a mile as well as barbed wire. this is significant because this is the very area where many migrants have been crossing the river and lining up to turn themselves into border patrol agents for much of the last week. it was a very orderly process and very controlled. but this clearly threatens to change that dynamic if more and more migrants continue to come over and title 42 is lifted. we're working on getting reaction from community member who have been very concerned after thestet of emergency was declared how state of texas would react to all of this. >> ed lavendera, appreciate the reporting as always. thank you. well also joining us now, omar with the el paso times. it is good to have you with us. you're in juarez there this morning on the other side of the border from ed lavendera who we

just spoke with in el paso. what has changed there this morning, if anything? >> reporter: well good morning, erica and thank you for having me. it ises a pleasure to be here with you. we've had some pretty dam attic changes. last night i was here around 8:00 p.m. and we had some large groups of nick raug wau and what we had seen on sunday december 11th and they were just lining up in a similar fashion all the way down to along the border and then this morning i arrived hoar at sunrise to a completely different scene. a scene where the national guard has been stationed here. we see fire for about maybe a quarter of a mile to the east from the ridge and there is not one migrant now lined up waiting to to be processed here. >> we're showing some of your

images from december 11th which i think help to show the scope, right, and frankly the humanity. one of the things i've been struck by in your images, i think discussions in immigration and what is happening or not happening at the border, the humanity and the true stories of who is there and where they are there is lost. how important is it to you to make sure that your photographs really give that full picture? >> withal, i mean, i could give you an example, about half an hour ago we had a woman with three children, she was just absolutely just distressed, crying and did not know what she was going to do. she had explains to me that she had crossed during the gap and had taken her a month to get here and she doesn't have any more money and she was confused and shocked to see what could woman next and a woman was trying to cross the river and immediately the national guard are a bull horn directed her to

go to the international bridge. so yes, we're seeing stories here of this desperation and confusion and i think ultimately, you know, both of the cities, el paso and juarez has risen in the past to provide some assistance to some of these migrants that don't have shelter or food. so i think that we're going to see some of those, as you say, stories of true humanity. >> they have risen to the task. it is interesting. i think we all know there is no one size fits all and no easy answer when we talk about immigration. it is a catch-all in many ways depending on where you are in this country. but you not only cover this, but you live in the area. you live in el paso. what do you think is missing there this conversation? >> well, i mean, i think when we talk about the border and asylum-seekers and the current policies that are in place, i've talked to those in the past with your network, what we're seeing as a journalist here on the

ground is some of the policies that are implemented, whether wr it puts migrants to cross in between the ports of entry. but i think the conversation is having a much more clear policy for the migrants so they could understand where they need to go and i think at this particular moment there is a lot of them -- that this information, there is a lot of confusion and one of the main questions that i receive from venezuelans right now is what do you know about our situation and as a journalist, obviously i'm an advocate, i could just tell them what we know and as a journalist, we are also trying to figure out what is going on and as mentioned earlier, we are waiting and in anticipation to see what will happen today before 5:00 p.m. >> and before i let you go. as a journalist, are you getting the answers that you need? >> well, i think as a journalist, we are looking at --

paying attention as a national journalist, generally we pay attention to what the mexico government is negotiating with the u.s. and the u.s. we pay attention to what is going through our courts. so, i think all of us are just waiting to see what happens and whether, you know, the 21st will -- title 42 will be lifted or not. but i think our job is to inform and to get the facts to the public and that is what we do here on the ground. >> and you're absolutely doing it. and you're so important in making sure that we see that full story. omar, appreciate your time. thank you. >> thank you very much. coming up next, major step toward averting a government shutdown. lawmakers unveil a sweeping government bill overnight. senator chris murphy joins me coming up. e rent-a-car industrys the definition of boring. and the reason can be found in the name itself.. rerent - a - car?

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in the middle of the night, lawmakers unveiled a new government funding bill that must pass to avoid a government shutdown. it is expected to go through. timing tight, though. it has to be signed by friday or the current funding expires and folks hopefully leave for their campus vacation. carbon chris murphy joins me now. >> thank you for having me.

>> as the "wall street journal" noted, it's nearly as large as the 1.9 march bill, given on going inflation and price hikes is this an inflationary budget? >> what you're seeing is much-needed downward pressure on inflation. what we're funding in this bill are essential services, right. this is mostly a bill about obligations, social security medicare and medicaid. there are some big emergency numbers in this bill. but much of that is going overseas. 40 plus billion dollars for ukraine. i don't think there is anything in this bill that isn't absolutely necessary for the health of the country and i don't anticipate that it will have any extraordinary inflationary effect. >> okay. it does include something that you've championed which is the

the electorate count reform. and in fact to reject the electorate count, he's now running again. for folks watching at home, should they feel confident that this reform at least closes down that path to attempting to overturn an election? >> so, the electoral count act was written in 1887 and never been updated. it governs how the electoral college chooses a president. it is vulnerable to attack. president trump tried to probe it in 2020 and was almost successful. this bill makes it harder for a corrupt president or a governor to send that but it doesn't rule out that possibility. i don't want to overstate it. it makes it harder for the wrong president president to be kmchon by the electoral college but it is not impossible that donald

trump in league with a corrupt governor who send the slate to the electoral college. >> remarkable. another aspect, the afghan adjustment act did not make it in. this would provide a path for permanent residencies that fled and made it here to the u.s. democrats still have the majority in both the chambers. why didn't they insist on including this in this bill? >> well, we did insist on including this in the bill. remember, republicans and democrats both cheered our efforts to get our afghan partners and interpreters and military advisers out of afghanistan. but now for some reason republicans are not supporting a pathway to allow those individuals to become permanent u.s. residents. we need 60 votes in the senate to pass anything and we do not have right now republican -- enough republican support to get this done. so we're going to continue to push for this into next year,

you have so many of these afghans living in limbo, they're in the united states but only temporarily and at any presidential whim they could be sent back into a hostile environment. their lives at risk. this is still open business, we need a few more republicans to support us here. >> another issue and you've been watching events at the border with this open question as to whether title 42 expires and when. i know that passing immigration reform in this country on capitol hill is just tough. there is a lot of opposition from republicans, not a lot of political will from many democrats but democrats have had majority in both chambers for two years and i know you need ten votes in the senate, but do democrats bear responsibility, some responsibility for failing to enact reforms that would have helped address the situation at the southern border. i'm not saying all of the problems, but help address them. >> i think all 50 democrats in the senate support immigration reform as you mentioned, the

problem is we do not have enough republicans to get it done. senator sinema, democrat, independent now and tillis submitted a last-minute proposal and it was rejected by republicans. so right now we need a handful of republicans to support immigration reform and they won't. now the budget includes some money to manage these increased numbers at the border. but it is much less than what the administration needs. why is that? because not only do republicans oppose immigration reform, they are opposing the money necessary to deal with the emergency. so you're going to see scenes of chaos at the border in january and february and that is going to be in large part because republicans aren't allowing us enough funding to deal with these increased numbers. >> but is that fair? you got the president, the president has things that he could do independently of broader reform, which trust me i know and i've covered this for

years, it is just tough to get it through the hill, shared responsibility, is there not? >> well, the president has to implement the law. and and as you know, the law allows for anybody presenting themselves at the souther border to apply for asylum and stay in the united states while they make that case and that claim. many of us would argue that president trump went above his statutory authority in denying many people the ability to make that claim. so if congress wants to turn people back around or stop allowing people to make asylum claims, then they have to make that change in the law. so as long as the law is what it is today, the president has to accept those people's asylum claims. >> and final question. you're aware of the january 6 committee findings here. justice department now has a call to make based on the evident, but also there are real politics because a potential target is a candidate for office again, not only a former president but a candidate for office. in your view, there are dangers

in indicting a former president who is running again against the current president who by his office has authority oversight over the justice department? >> yes, there is. yes, there is. and the justice department should go into question of whether to indict president trump with eyes wide open. if there is a clear and convincing case then i don't think you could ignore the law. but we have been and we should be very careful in this country about prosecuting former presidents. we chide and we scold other nations for doing that. here, if the law is the law, then nobody should stand in the way of the justice department. but they should be careful. they should make sure that they have a open and shut case. >> senator chris murphy, thanks for taking all of the hard questions. good to have you on. >> thank you. just ahead, a 6.4 magnitude earthquake rocks northern california. one of the biggest to hit the state in years. we'll assess the damage.

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early this morning a 6.4 magnitude earthquake shook northern california leaving two people injured and tens of thousands without power. >> we know that the quake left cracks in at least one bridge.

officials trying to determine how wide spread the damage is. particularly as the sun comes up. veronica miracle joins frus san francisco. what more do we know about the extent of the damage? >> reporter: well, jim and erica, it's been five hours sin the earthquake hit and still 70% of people in humboldt county remain without power this morning. officials are trying to assess the damage. they're looking at roadways and responding to those injuries, we understand from the sheriff's office that at least two people have been injured. and we're seeing more and more videos as the sun comes up of homes, inside homes just being pretty much just rattled and destroyed. a lot of shelves falling over, broken glass. i did see video where a deck was completely collapsed outside of someone's home. and then the ferm bridge, which runs through furndale, that has been cracked ant the chp and caltrans are working to navigate through the area safely. but the sheriff's office is

asking people to check their water and gas lines to make sure that they're okay. but they're asking people not to call 911 unless it is an immediate emergency. 70% of people remain without power. that's been about five hours now as officials continue to assess the damage. jim and erica. >> veronica miracle. thank you. well parents in this morning struggling to find over-the-counter pain and fever medication as high rates of respiratory infections have helped to fuel a surge in demand. there is also some lingering supply issues. >> i've seen shelves just like that. it is becoming such a problem that the cvs and walgreens are limited how much folks could by. and some folks having trouble finding anti-biotics. elizabeth cohen joins us now. i feel like we're covering medical shortages every few months now.

but how far and wide is this around the country? >> you know, it is not clear how wide spread this is, jim. the manufacturing say it is not widespread. we certainly heard hor able stories, we spoke to one woman who couldn't find advil when her child had to go to several different places to find that and when you have a sick child, that is last thing you need to be doing. but to be clear, this is not like the infant formula shortages. those were about manufacturing issues. this is about demand because so many children have flu or rsv. so according to the folks who manufacture these products, the demand for these products for children's pain and fever meds, it is up 65% compared to the same time last year. so basically in some areas, it seems like they're having trouble keeping up with that demand. when we reached out to the fda, here is what they had to say. they said manufacturing are working very closely with us in

increasing supply so we could get the demand where the priorities need to be. they're trying to figure out where the areas are hardest hit and getting them product. so as you mentioned big retailers are limiting how much parents could buy and even in places that aren't limiting, do not hoard this medication. get what you need and if you hoard it, that mom and dad karma will come back to haunt you. only take what you need. do not hoard. jim and erica? >> that karma is real. i believe it in firmly. elizabeth, digood to see you, thank you. so one really fun place to be. the happiest place on earth. the streets of buenos aries. boy it looks fun and a little crazy. we're going to go live there coming up.

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♪ i don't think anybody is working in argentina today. it clearly is a public holiday. i'm jealous. it would be fun to be there. in buenos aries, where, goodness, tens of thousands of, hundreds of thousands celebrating the first world cup in 36 years. a victory parade making its way through the city. it looks like fun. >> that is wild. there is barely any open space there. the title was captured by lionel messi and his teammates, the

first world cup win in more than 30 years. our journalist is there overlooking the crowd. so i feel like you're a little safer up there which makes me feel better because it is quite the party down there? >> reporter: yeah, it is quite a party and quite a party that has been going on for three days. it seems since the national football team of argentina scored that last penalty against france, we really haven't stopped the celebrations here in buenos aries. we're on the ninth floor of our hotel and behind me back you could see the on lisk. it is the city of buenos aries and for last 72 hours there were people there celebrating day and night, waiting and then just letting it go and erupting with joy as soon as that trophy was finally conquered. we understand that the national football team is making its way

from the headquarters of the national football federation, that are close to the international airport to all of buenos aries and should arrive in the city in a few hours. of course, there was a parade and a schedule, this was a route but everything has sort of like put an end -- into doubt with so many people on the streets. it is something i've never seen before. just tens of thousands, hundreds of thousands of people taking into the street and letting it go freely and wildly after three years of covid, the lockdowns and the waiting and expectations around these team and the current -- or the great players that is lionel messi and now it is just time to let it go and party, jim and erica. >> i mean, it is really quite the scene and you put it in perspective. everything that led up to this, all of the buildup, great to see you there. rough assignment. glad you got it.

and thanks to you for joining us today. jim, i'm sorry they didn't send to you buenos aries. >> the $5 bet will have to suffice. we'll make another one. i'm jim sciutto. "at this hour" with kate bolduan will start right after a quick break. they were the first to be verified by usp... ...an independent organization that sets strict quality and purity standards. nature made. the number one pharmacist recommended vitamin and supplement brand. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fastain relief. and now get relief without a pill with tylenol dissolve packs. relief without theater. [baby yawning] let's get you home for the holidays. ♪

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