download the cbs news app on your cell phone or it's wednesday, november 10th, 2021. this is the "cbs morning news." breaking overnight, donald trump's request denied. a judge will not block the release of white house documents related to the capitol riot. what this means for the investigation. safety plan shortfall. why organizers may not have been prepared for the concert tragedy in houston. honoring the fallen. what's happening for the first time in nearly 100 years at the tomb of the unknown soldier. good morning. good to be with you. i'm anne-marie green. we begin with breaking developments in the capitol riot investigation.

the fight over donald trump's white house records related to the january 6th attack is heating up. last night a judge ruled those documents must be turned over to lawmakers. the former president is putting up a fight. laura podesta is in new york with more on this. laura, good morning. >> reporter: good morning, anne-marie. this is a fight that could very well make its way up to the nation's highest court and set a precedent for future presidents on what is and what is not considered executive privilege. a federal judge has ruled the congressional committee investigating the january 6th attack on the u.s. capitol can access former president trump's white house records. mr. trump quickly filed an appeal that could end up before the supreme court. >> if somebody is hollering this hard and loud, i am to assume that undoubtedly you have something to hide. >> reporter: in a 39-page ruling, judge tanya chutkan

wrote that mr. trump's position appears to be premised on the notion that his executive power exists in perpetuity. but presidents are not kings, and plaintiff is not president. mr. trump's spokesperson said, "this is a battle to defend executive privilege for presidents past, present, and future." [ chants ] the bipartisan committee is looking into the actions by the trump white house leading up to and during the deadly riot. >> we're getting information from all sorts of sources. so no one individual is going to be able to frustrate our capacity to proceed. >> reporter: ten new subpoenas were sent out yesterday to high-ranking staff of the trump administration including ones to former white house press secretary kaleigh mcenany and senior adviser steven miller. >> what i'll say is this -- it's just an attempt -- and you know this as well as anybody -- to distract from the horrific failures of the biden presidency. >> reporter: last month the house voted to hold former white house adviser steve bannon in criminal contempt for ignoring a

subpoena. bannon's case was referred to the justice department for potential prosecution, anne-marie. >> laura podesta in new york. thank you very much. pfizer is looking to expand its use of covid booster shots for american adults. the drug company is asking the fda to authorize an extra shot for everyone who is 18 years or older. right now older americans and other groups vulnerable to the virus can get pfizer's extra dose. it's unclear how soon it can be made available to all adults. and ahead on "cbs mornings," we'll talk with u.s. surgeon general vivek murthy about pfizer's request and the latest on vaccines for children ages 5 to 11. turning now to that dead concert disaster in houston. we are learning that authorities may not have had a safety plan for a crowd surge. the tragedy friday night left eight fans dead and hundreds more injured. that includes a young boy who is still in the hospital.

here's lilia luciano. ♪ >> reporter: before the chaos there was this photo -- 9-year-old ezra blount with his dad outside astroworld festival. ezra was on his father's shoulder as travis scott performed and the crowd surged. >> my son couldn't breathe because of all the pressure that was being applied to him. and he passed out. and when he passed out, ezra fell into the crowd. and he was trampled really bad. >> reporter: he remains in a medically induced coma on a ventilator. eight died that night. homicide and narcotics teams from houston p.d. are leading a criminal investigation. this is an astroworld festival action plan. 56 pages of protocols for all types of emergencies -- active shooters, bomb threats, evacuations, but nothing about a crowd surge even those paragraph -- even though travis scott was

twice arrested for scott who was twice arrested for urging crowds to stampede barricades. in this 2019 netflix documentary, scott's security team details the kind of panic crush that this time turned deadly. >> you see kids trying to get to safety because they can't breathe because it's so compact. >> reporter: in this closeup video, trampled fans are aitthow. for add a breakdown in communication with fire and police unable to communicate with private medics hired for the event. investigators are combing through the concert site examining fences aimed at crowd control which as the crowd surged became deathtraps. there are calls for an independent investigation into what went wrong. given houston's pd involvement in providing security and what many are calling a catastrophic failure. lilia luciano, cbs news, houston. the president is heading to maryland today to tout his newly passed infrastructure plan. mr. biden will be speaking at

the port of baltimore where some of the cash in the deal will help ease the ongoing supply chain crisis. congress last week passed the bill. now the white house is detailing how the cash will be distributed across the nation. >> the whole name of the game here is to focus on the underserved and the unserved and on affordability. we have to make sure that we don't spend this money overbuilding. >> meantime democrats are focusing on the road ahead for the president's build-back-better agenda. they've agreed to vote on the social spending bill by next week. the defense will resume its arguments today in the trial of kyle rittenhouse and could call him to the stand. yesterday jurors saw infrared video for a second time capturing rittenhouse shooting and killing a man during the police brutality protest in kenosha. one witness told the court he urged rittenhouse to surrender to authorities. >> i tell him to walk outside and turn himself in.

that was a safe bet for him. i told him to walk outside, and he had said, "i had to. i had to shoot someone." at that point i left the location because i was in fear that the protesters were going to come to that location. >> rittenhouse shot and killed two men and wounded a third. he claims he acted in self-defense. if convicted he could face life in prison. the tomb of the unknown soldier at arlington national cemetery opened to visitors for the first time in nearly a century. a ceremony yesterday began with a prayer led by the crow nation and will conclude today. people lined up to place flowers at the tomb. the symbolic final resting place for unidentified or missing american soldiers. the public ceremony falls on the tomb's centennial commemoration. coming up, penalty against aron rodgers. the quarterback will have to pay

up for violating covid rules and what he's saying about the controversy. elf on the shelf faces backlash. why one job put a ban on the christmas toy. this is the "cbs morning news." . this is the "cbs morning news." on the christmas toy. this is the "cbs morning news." christmas toy. this is the "cbs morning news." christmas toy. this is the "cbs morning news." ready to shine from the inside out? try nature's bounty hair, skin and nails gummies. the number one brand to support beautiful hair, glowing skin, and healthy nails. and try advanced now with two times more biotin. did you know that even after you sanitize a surface, every touch can leave new bacteria behind? and try advanced that means, you could be right back where you started. break the cycle with microban 24. just spray once and your surfaces are protected against bacteria all day. microban keeps killing 99.9% of bacteria

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including steroids, without talking to your doctor. are you ready to du more with less asthma? just ask your asthma specialist about dupixent. british socialite ghislaine maxwell's latest request to be released on bail has been denied. a federal judge rejected the request for the fourth time yesterday saying maxwell was a flight risk. she is in jail awaiting trial later this month on charges she helped jeffrey epstein sexually abuse underage girls. maxwell has pleaded not guilty to all charges. jury selection began last week. nasa is postponing a return to the moon, and aaron rodgers was hit with a big fine. those are some of the headlines on the "morning newsstand." "usa today" reports the nfl fined aaron rodgers and the green bay packers for violating covid protocols. the team was fined $300,000. rodgers and another player were each fined just over $14,000

after they attended a team halloween party while unvaccinated. the league launched a review after rodgers tested positive for covid last week and it found out that he had not been vaccinated. yesterday, rodgers acknowledged that he did mislead people about his vaccination status. "the new york times" says nasa is delaying its deadline for landing astronauts back on the moon to 2025. it's the first acknowledgment that the 2024 target is by -- target is by former president trump cannot be met. nasa administrator bill nelson said congress did not provide enough money to develop a landing system for its artemis moon program. he also said the lawsuit filed by jeff bezos' rocket company delayed work on the lunar lander being developed by spacex. and "reuters" reports on lady gaga's return to bring the gucci family tragedy to the big screen. the singer and actress appeared on the red carpet yesterday in london for the premiere of "house of gucci."

gaga says that she stayed in character for nine months to play the wife of a murdered heir to the italian fashion dynasty. >> i'm a romantic when it comes to art. i had a romantic relationship with my character, i had a romantic relationship with the script, and i dove headfirst into this world because she's nothing like me. >> this is gaga's second major film role following her performance in "a star is born." "house of gucci" hits theaters in two weeks. still ahead, get your green track suits ready. the creator of "squid game" reveals details about a possible sequel to the hit show. dad, we got this. we got this. we got this. we got this. we got this. yay! we got this. we got this!

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alive. >> i'm the sexiest man alive? >> you heard it first on "the late show with stephen colbert." actor paul rudd has been crowned "people's" sexiest man alive this year. here's rudd gracing the magazine's cover. he told "people" in the issue due out friday that some folks will be surprised he got the honor. he said, quote, there are so many people that should get this before me. on the cbs "money watch" now, an opioid verdict is overturned, and why elf on the shelf got banned by a judge. diane king hall is at the new york stock exchange with that and more. good morning, diane. >> reporter: good morning, anne-marie. well, stock futures are pointing to a lower open as investors wait for the labor department's consumer price index, a key report on inflation. meantime, wall street ended its record-setting streak yesterday. the dow dropped 112 points. the nasdaq fell 95, and the s&p 500 lost 16 after logging eight straight days of gains. the oklahoma supreme court

overturned a $465 million ruling in the state's opioid lawsuit against johnson & johnson. the panel determined johnson & johnson did not create a, quote, public nuisance, reversing a lower court's 2019 ruling. the latest court decision could be a major blow to lawsuits across the country which are trying to hold the drug industry accountable for the nation's opioid epidemic. macy's is raising its minimum wage to $15 an hour by may. the department store chain says the move will bring its average base pay to above $17 an hour. macy's is also added an education program that will cover 100% of tuition, books, and fees. the move comes as retailers fight to hire and keep workers in an increasingly competitive labor market. and a little guy who spreads christmas cheer is getting no love from a georgia judge. bah-humbug. the judge jokingly banned elf on

the shelf in his district saying it's his gift to tired parents who may forget to move the elf every night. the dolls are supposed to move to a different location each night until christmas and help be the eyes and ears for santa to make sure children are behaving. anne-marie? >> can that judge come to my house and issue a ruling? because -- >> i know, yes -- >> that thing is like a part-time job. >> i know. i was thinking of doing it this year because i haven't done it. but with our hours and the job that requires, i don't know. that elf may stay on the shelf in the store for me. >> i was thinking of the same thing, but my daughter reminded me just the other day. i was like, ugh. so it begins. >> good luck. >> diane king hall at the new york stock exchange. thank you so much, diane. >> you got it. up next, marking a career milestone. a virginia woman who spent 50 years as a nurse receives a

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here's a look at the forecast in some cities around the country. ♪ some big news for fans of the hit netflix series "squid game." there are more deadly games

ahead. the creator of the south korean thriller says it's coming back for a second season, and he's in the planning process. netflix has not formally announced a second season. "squid game" is the most popular show in the history of the re leaving nbc ws aftyears.'s the 62-year-old anchor made the announcement last night on his msnbc show "the 11th hour." he read from a note he had written to colleagues earlier. williams said after much reflection, he had decided to leave when his contract ends next month. the youngest winner ever of the nobel peace prize is married. the 24-year-old pakistani human rights and education advocate malala yousafzai made the announcement yesterday on twitter. she posted pictures from the ceremony in england. she was 17 when she won the peace prize in 2014. two years earlier she was shot in the head by the taliban for advocating that girls have a right to be educated.

and a virginia grandmother had some help celebrating a half century as a pediatric nurse. 71-year-old janet woods thought it would be another day at the 50 flowers, one for each year. >> if you can extend a hand and help a family or help someone along the way, it gives you great joy. >> reporter: how many babies would you say you've helped bring into this world? >> thousands. >> reporter: tens of thousands? >> probably. >> reporter: 50,000? >> closer to 50,000. >> woods, who has spent most of her 50 years as a nurse in the neo-natal intensive care unit, says she has no plans to retire. coming up on "cbs mornings" now, tony dokoupil catches up with nate bargatze, being called the nicest man in standup.

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our top stories this morning -- a federal judge ruled the namme vestigatinjanuary 6th formresident trump's white house records. mr. trump is trying to block that. he filed an appeal that could end up before the supreme court. and pfizer is asking the fda to authorize its covid booster shots for anyone 18 or older. right now older americans and other groups vulnerable to the virus can get pfizer's extra dose. the agency has said that it would move quickly to get the third shot to younger people if warranted. there are plenty of taxi services to choose from these days, but a british man has cornered the market when it

comes to heavy lifting. ian lee explains. >> reporter: it may not be the smoothest ride, but this tank taxi sure looks cool. merlin batchelor thinks so, turning heads while he rumbles down the streets of norwich, england. >> they're pure entertainment. as you drive, there are people smiling, laughing, pointing. >> reporter: let's clear something up -- this isn't technically a tank. >> technical at the's an armored personnel carrier. >> reporter: tank taxi rolls off the tongue better. and they look similar. how did you buy this? >> on line as you do with everything these days. >> reporter: the purchase and repairs set merlin back about $35,000, then requests for rides started rolling in. >> first i had neighbors, then friends asking. then friends of friends and then people i didn't even know asking can i take them to -- mainly asking about props. >> reporter: that led to his side hustle. for about $1,000 a trip, he chauffeurs for weddings and even funerals. >> it's pretty much the other woman to be honest.

>> reporter: for sam and tristan, there was no question how they would arrive on their big day. >> when your neighbor buys a tank and your other half spends most of his time with that tank, it's inevitable that you'll go to your wedding in the tank. >> reporter: when this baby pulls up to the chapel, folks are bound to talk about the other woman. >> i would like a tank. it was so good. aleppo. >> reporter: and better than his other ride. >> my other car is a plain honda civic. >> reporter: at least the civic gets better gas mileage. ian lee, cbs news, norwich, england. >> merlin is only licensed to carry passengers for weddings and funerals. the father of four hoping to get another permit to do more events like proms and birthday parties. coming up on "cbs mornings," an update on possible covid booster shots being approved for all adults. we'll speak with u.s. surgeon general dr. vivek murthy. plus, tony dokoupil catches up with comedian nate bargatze who's called the nicest man in

standup. we'll meet a maryland man serving his community as a police officer and violinist. that's the "cbs morning news" for this wednesday. thanks for watching. i'm anne-marie green. have a great day. ♪