and video of events that the ex-president participated in tp it comes as the january 6th committee threatens to hand out criminal contempt referrals to those who refuse to comply with their subpoenas. steve bannon, mark meadows, former social media director for trump, dan scavino and kash patel had until this past thursday to hand over documents related to january the 6th. the subpoenas also called for them to sit for a deposition next week. in a statement issued yesterday committee chair, democratic congressman benny thompson and vice chair republican congresswoman liz cheney said in part, while mr. meadows and mr. patel are so far, engaging with the select committee, mr. bannon has indicated he will try to hide behind vague rernses to privileges of the former president. they add, quote, we will not allow any witnesses to defy a lawful subpoena or attempt to run out the clock and we will swiftly consider advancing a

criminal contempt of congress referral. bannon is refusing to comply because of trump's claim that he can assert executive privilege to block steve bannon's testimony. a reminder, steve bannon did not work for then-president trump on january 6th. he's a podcast correspondent. betsy, good morning, you have new reporting out about a capitol police whistle-blower who is calling out two of their senior leaders for how they handled the january 6th attack. you write the whistle-blower accuses sean gallagher, the capitol police aking chief and pittman, assistant chief of police of deliberately deciding not to help officers on january 6th and pittman lied to congress about an intelligence report they received about the day's riot. could the committee be considering hearing from those capitol police officials named in the letter? >> that's right. we've reviewed a 16-page

whistle-blower complaint that this whistle-blower shared with the top officials in congress. we've confirmed that the whistle-blower whose name, of course, we're withholding, was in the command center that u.s. capitol police used on january 6th to try to keep tabs and get control over the chaos that was unfolding. we've confirmed this whistle-blower was in that command center for some time that day. this person had firsthand knowledge of how u.s. capitol police responded to this horrific attack. in the whistle-blower report this person wrote that two senior u.s. capitol police officials who have since maintained their jobs and still have seenior leadership roles in the police department including one person with the senior handling intelligence, the whistle-blower alleged that these two people as they were watching the violence unfolded did not engage in the way that they should have, were not working to try it protect the folks who were being attacked and also pivoted essentially to trying to find ways to shift blame. now i have to note, a

spokesperson for the u.s. capitol police department pushed back against those allegations and said that those two officials were working on different managerial tasks including supervising efforts to protect and evacuate senior officials who were in the capitol during the attack as well as trying to coordinate support from law enforcement and the national guard on that day, but the fact that there's now a person with firsthand knowledge, at least to some extent, of how capitol police responded who is leveling these allegations is a major development and the whistle-blower also alleges that one of those officials was not honest with congress about how the way key intelligence, the capitol police received days before january 6th, warning that these attackers could become violent and could try to storm the capitol, that that key intelligence was not shared properly within the department. the whistle-blower alleges that one of these u.s. capitol police officials lied to congress about the way that intelligence was shared. again, capitol police

spokesperson pushing back against that allegation. the spokesperson has said they strongly dispute that capitol police did lie about that intelligence. it raises the stakes for the way that this investigation is playing out. >> yes, it does. >> it brings a new person and new element to it. >> capitol police have not had a good year, i think it's fair to say. we will carry on watching that reporting. getting back, betsy, to the january 6th committee subpoenas. what is the committee's ban to get steve bannon and others to comply. what kind of legal fight is ahead with bannon claiming executive privilege? >> we expect that what we know is that members of the committee are talking about asking the justice department to prosecute witnesses who defy their subpoenas. that's a very real option that they have, and it would put real pressure on any witnesses who refuse to comply. of course, two of these witnesses as you have noted have engaged with the committee and bannon has signalled that he's not going to engage.

so what the committee is considering doing is moving to hold these people in contempt of congress and then moving to ask the justice department to bring criminal charges to try to force these recalcitrant witnesses to comply. those criminal charges are no joke. if you're convicted of defying a congressional subpoena you can go to prison for a year and face fines of up to $100,000. in the coming days they have to figure out exactly how they'll try to use it. >> go to jail for donald trump, wow, there is an option. we'll have to leave it there. betry woodruff swan, msnbc contributor, thank you for your reporting this morning. appreciate it. in addition to the january 6th investigation, democrats on capitol hill are juggling a number of party priorities including ongoing negotiations over president biden's economic and social and climate change agenda. as democrats work to pass the president's big budget package on all of this including things

like free community college and universal pre-k, in tandem with the bipartisan infrastructure bill that focuses on things like roads and bridges, the divide between the right and left of their party is becoming more apparent as demonstrated by the public spat between west virginia senator joe manchin and bernie sanders. >> my number has been 1.5, and i've been very clear. i don't believe that we should turn our society into an entitlement society. >> if senator manchin really believes that seniors are not entitled to digest their food and that they're not entitled to hear and see properly, is that really too much to ask in the richest country on earth? >> joining me now is california democratic congressman judy chu on the house ways and means committee and on the asian-pacific american caucus.

thank you for your time this morning. when it comes to negotiating, congresswoman, what goes out and what stays in this reconciliation bill? what are your own priorities? >> i want to make sure that we have the jobs that could come about through stimulating the economy and through making sure that we have means to combat climate change. i want to make sure that we have the tax cuts that come from making sure that we expand child tax credits and expand earned income tax credits. i want to make sure that we lower costs, that we provide seniors with the hearing, vision and dental coverage that they need in medicare, that we have universal pre-k, and free community college tuition and paid family and medical leave and remember, this is all paid for. this is all paid for by making corporate tax dodgers and the wealthiest 1% pay their fair

share in taxes. it can be done, but i am glad that president biden did come to our democratic caucus. he talked about the reality of making sure that both bills pass at the same time. he also talked about the real they we would have to trim this bill, the build back better bill from 3.5 trillion to 2 trillion. so that is what we are looking at, ways to do that. >> i mean, that's a huge cut, and we keep talking about this bill in terms of overall price tax, it's 3.5 billion over two years, not one year. zee joe manchin talking about the price tag being too high and 1.5 is the number for him. we don't know what he'll cut and we know he's a coal state senator who still gets money from the coal family business that he ran and doesn't seem to care about climate change. he doesn't car kyrsten sinema,

what if you do end up cutting the bill that much on climate change? >> well, i am hoping that we can do a number of shapes rather than cutting this out entirely and this would be a compromise package on all sides. i do think that we can do such things as maybe have the length of a particular program be ten years, and it would be five years, instead that we can shave a little bit here, shave a little bit there. i know that joe manchin and kyrsten sinema certainly want the infrastructure bill and they are open to key elements of the build back better plan. so i hope that we can have a discussion on all sides. i am so glad to see that president biden is in constant

contact with these two on their priorities and that's what we want to know so that we can, indeed, pass this bill and the other bill -- the bipartisan infrastructure bill. >> just quickly taking a turn before we run out of time, the abortion fight happening in texas. you wrote the women's health protection act which sets a federal legal standard on abortion that was passed in the house. how would landlord like that prevent the erosion of women's access to health care in places like texas? >> this bill would preserve in federal statute the right for patients to receive and the right for providers to provide abortion carefree of the medically unnecessary state laws that have tried to impede access to abortion. in other words, it would preserve roe versus wade into statute so that every woman in every state can have access to

the abortion care that she's had for the past 50 years. this would make sure that women have the freedom to choose what happens to her own body. >> quick last question, republican senator susan collins of maine, the pretend moderate in the senate republican caucus is now claiming that she's working on a bipartisan abortion bill. this is the woman who helped put brett kavanaugh in the supreme court. do you have any faith in her? >> we already have the women's health protection act in the senate and in fact, there are 48 co-sponsors. this bill preserves what exactly is in roe versus wade. so i'm not sure what susan collins is talking about except possibly to make this bill that she is proposing less protective of women's constitutional right

it abortion. i think that she should join the 48 colleagues that are in the senate and cast her vote along with those senators to make sure that we preserve this right if she is what she is, which is a pro-choice republican. >> i'm not sure what susan collins is talking about, probably best sums up the senator from maine than any other i've heard recently. congresswoman judy chu of california, tu for your time this morning. appreciate it. >> thank you. >> coming up on "velshi" facebook keeps going viral in the worst ways. it's a whistle blower saying how dangerous the social media giant really is. the race to the bottom. locking horns with texas. the state is back to term rarely resuming its ban on most abortions just a single day after clinics took a sigh of relief and started serving

patients and it is a lot. i think you'll want to take a road trip after this. president biden has announced the restoration of three breathtaking national treasures from utah to cape cod. it's some good news. this is "velshi." don't go away. ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ ready for subway's eat fresh refresh™? that's the new and improved italian b.m.t.®, with new artisan italian bread, new black forest ham, and new mv- you gotta refresh to be fresh! hold up, false start on the spokesperson. save big. order through the app. ♪ ♪♪

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monumental news out of the white house for conservationists and nature lovers alike. >> today, i am proud to announce the protection of the expansion of three of the treasured national mono ups, our most treasured. >> the sweeping environmental move inclaudes reinstating and restoring the boundaries of the national monument and grand staircase escalante in utah. both are the distinct red rock canyons and president biden will restore protections in the atlantic ocean's marine monument and the northeast canyons and

sea mounts. located in cape cod the underwater mountains and canyons are home to endangered whales and see turtles and numerous sea species and deep sea coral. all three of the monuments are breathtaking in their natural grandeur. you will be shocked to hear that president trump sharply reduced all three monuments leaving them vulnerable to drilling. this is news for those who have been stunned by the national beauty this country has to offer and especially for indigenous populations. >> the first to serve as cabinet secretary spoke on the significance of all of this. >> the president's actions today writes a new chapter that embraces indigenous knowledge, ensures tribal leadership has a seat at the table and demonstrates that by working together we can build a brighter future for all of us. >> in two days' time the u.s.

will be commemorating columbus day which is being honored as indigenous people's day, hailing a discovery in the land that was inhabited and ignoring the legacy of invasion, colonization, slavery, forced conversion and mass slaughter, but some progress. slow progress, but progress, nevertheless. president biden on monday will become the first american president to honor both days. coming up, mark zuckerberg reacts to the claims made by a former employee, now whistle-blower about just how bad facebook really is. he says he doesn't know any tech company that sets out to build products that make people angry or depressed. really, mark? really? more on that ahead. dignity. it demands that we can still do the simple things. so it demands life-changing technology, to relieve chronic pain. ♪ ♪

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it's been a pretty rough week for facebook and its ceo mark zuckerberg. once a silicon valley darling, the social media giant has become a major concern around the world. this week former facebook employee frances haugen told congress just how dangerous she thinks facebook is. she identified herself as the whistle-blower who released interm company documents which seemed to prove that facebook knows it breeds hate and misinformation online and actively works against measures that would make its platform more safe and how far the mighty have fallen. take a look at this. in 2010 mark zuckerberg got the esteemed honor of "time" magazine's person of the year. here's the latest "time" magazine cover and asks readers if they're ready to delete facebook. my next guest is part of the "time" cover package. roger mcnamee knows mark zuckerberg personally and was an

adviser to facebook in the early days and has been warning about the problematic business model for years and author of "zucked and waking up to the facebook catastrophe." facebook will not fix itself. in it you write that policymakers and the media have consistently underestimated the threat by facebook buying into the company's rosy claims and about the power of connecting the world and giving benefit of the doubt when none was deserved. >> roger, why do you think that is? why do you think facebook got so much critical and positive comments from the media for so long. >> for 50 years, tech products empowered the people who use them. if you sort of think through the promise of personal computers, steve jobs and apple, was there always an idealistic culture of silicon valley that lasted more or less until facebook was founded. the early 2000s saw a major cultural shift. ever since then technology got

so powerful, computers got so powerful that it was no longer necessary for entrepreneurs to listen to customers or worry about what other people thought. they being make a global product and impose their will and that is exactly what facebook has done. >> you've said for years now that facebook is partly or directly to blame for various problems in our society whether it's the outcome of the 2016 elections and the rapid spread of anti-vax lunacy, and white supremacy, you say facebook won't fix itself, so what will? >> so the key thing that we have this past week was a whistle-blower who testified from the senate commerce subcommittee with documents that validated that everything i and every one of the past whistle blowers have been saying, we have someone from management who had been warned of the issues and prioritized profits over

people. congress now has no excuse. they must act and there are three areas. they have to look at safety because tech products are where food was in 1900. when we passed the food drug act in 1906 it was because food was unsafe. we had to make the food safe. we now have to do the same thing for tech and have something like an fda. we also need to have privacy rules because the problem with this whole thing is a business model that uses data to take advantage of each person's individual weaknesses, and you see this with instagram. it's a tragedy because they literally create these products without ever considering the impact on the people and lastly, we need to update the antitrust laws because we saw the outages at facebook this past week that these guys are monopolies and there are lots of people who depend on them and when they go out a whole world goes out and we need to have a much better

system than what we have now. >> roger, you also say in your article that facebook has, quote, their thumb on the scale, amplifying content that triggers fear and outrage because it maximizes profits. it undermines democracy. is this really all just all about money for zuckerberg and the company. it's money? >> i would argue that it's about a vision. mark believes in himself and he believes in his vision, and he has a different value system. america was found on two principles, democracy and self-determination, we each get to make our own choices. facebook really believes in efficiency, scale and all of the people in the world and the problem with that model is the way you make money is by grabbing people's attention and when you connected the whole world that people at the fringes, so the anti-vaxxors and the white supremacists and all of the people with harmful

attitudes, they suddenly have access to the mainstream and mark never put any kind of protection in their for the rest of us and he has no internal system to manage it. he's never taken it seriously. never been one to invest, and in my opinion, that is a, you know, it's horrific and congress needs to do something about it and frankly the courts need to because they've gone across lines and broken some laws and we need investigations and if necessary, indictments. ? so you just prompted me to ask my last question to you which was going to be exactly that. you are not someone who just says congress should just pass laws to regulate facebook. you say executives at the company who may have crossed lines could face criminal charges. what kind of lines do you think they've charged, legal lines and what kind of criminal investigation should facebook be facing. >> it's not just facebook. facebook is the posterchild today, and if they disappeared

there would be a hundred companies competing so the law has to cover everybody. they have been named in an investigation with the texas attorney general with google for price fixing. that is a felony. people routinely go to prison for doing it. >> the whistle blower revealed documents that face book's people warned that there was human trafficking on the site. human trafficking is a felony. there is no protection under the law for a site like facebook for human trafficking and think about the insurrection. facebook has been implicated as an accessory to annen surec. proving it would require the investigation. there were prior days in court and there were real reasons for this team at facebook to lawyer up because they do have legal

jeopardy. >> when you put it like that, facebook does seem to have a lot of things to answer for. a lot. roger mcnamee, we'll have to leave it there. roger, early facebook investor and author of "zucked, the facebook catastrophe," always appreciate your time. looking for your dream home? prepare for sticker shock, the infuriating reason why first-time homeowners are being outpriced and outbid coming up. stay with us. for powerful arthritis pain relief... voltaren the joy of movement ever notice how stiff clothes can feel rough on your skin? for softer clothes that are gentle on your skin, try downy free & gentle downy will soften your clothes without dyes or perfumes. the towel washed with downy is softer, and gentler on your skin. try downy free & gentle.

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with median home prices hitting all-time highs across much of the u.s., there are now mounting questions about the billions of dollars pouring into the housing marks from big financial firms and whether their investments are pricing out many first-time homebuyers, nbc's gabe gutierrez has more on that story. >> living room here. >> for toni carr the dance had become all too familiar. see a house. >> i love this kitchen! >> fall in love, make an offer. >> oh, my god, this is the one. i want this one. >> and then? >> and then my offer was declined. >> the navy veteran was pre-approved with a loan hoping to move near gwynnity county, georgia, to be closer to her mother. >> how many offers did you put in? >> 30. >> she was losing to all-cash

offers and while toni doesn't know who the buyers were, the atlanta area are backed by private equity that buyout and rent out single-family homes. >> they're very aggressive. all cash. so as soon as the house hits the market, you've got an offer from him and they're ready to close within a few days. >> atlanta real estate agent arlene holder says more than half of her listings are going to investment companies and they use computer algorithms to identify desirable property so they can bid quickly. one of them is invitation homes which owns more than 12,000 single-family houses in the atlanta area, nationwide, more than 81,000. the company points to the country's current rental housing shortage and says it provides choice and flexibility to the growing segment of americans across all generations who are opting to rent instead of own. three other large firms own more than 100,000 homes combined.

one of them just announced a $5 billion fund to buy more. >> the pandemic has accelerated this business. >> ryan has been following this housing trend for years. he says for buyers there are few legal options and they're competing with investors with deep pockets. >> people start to think what if i want to sell to one of them? what if an investor pays the highest price for my house when it's time to sell and then people -- when they get to thinking about it they don't want to restrict their market. >> there's about 25% to 35% of the houses in this neighborhood are owned by wall street landlords. >> it's why in places like the suburb outside nashville investors can build up huge inventories as tennessee state university professor ken shelton. >> this is private equity coming in and mining equity out of communities and sending it back to people who are already wealthy. >> is this the american dream? >> no. >> after 30 offers, toni carr finally closed on a house by going farther away from where she'd hoped to be. >> everybody can't just walk in

the door with $250,000 cash to buy a house. so my dream house, i can't have because i don't have $250,000 cash. >> she may not, but big investment firms have billions. gabe gutierrez, nbc news, gwinnett county, georgia. >> our thanks to nbc's gabe gutierrez for that reporting. family members of henrietta lax have filed a lawsuit for unjust enrichment after years of considering legal action. the biotech giant has created and sold products made from lax's cells taken without her consent decades after her death. this lawsuit is a major step forward, not only for her family, but medicine. benjamin crump will join "the cross connection."

this is injustice that america as a whole has needed to address. >> that's right. good to see you this morning, mehdi. >> she was chronicled in that hbo movie a few years ago starring oprah winfrey. now the family is suing the biotech company like you said. they say they unfairly made billions while her family got nothing which is outrageous when you think about it. i'll be talking to henrietta's grandson along with benjamin crump. also joining me is congresswoman sherrice davis. we think of certain demographics and native-americans are also impacted by this voter suppression across the country, as well. and i don't know what you're bingeing lately, mehdi, but whatever it is it might be coming to a screeching halt because we will talk about a looming worker strike in hollywood and what it means for our weekend plans when we spend 12 hours on the couch watching one program.

so i'm going have my friend yvette nicole brown, and a busy jam-packed hour on "the cross connection." >> i have a shortage of goods delivered to my house and now a shortage of tv which is not what i want to hear on the weekend. >> thank you, tiffany. always good to see you, too. stay tuned for more right after "velshi," "the cross connection" starts at 12:00 a.m. eastern. >> the texas abortion plan was blocked by a federal judge this week and reinstated two days later by the ultra conservative 5th circuit court of appeals. the very latest on where the legal battle stands next. this is "velshi." don't go away. ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience,

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♪ ♪ ♪ two rulings don't make a right. this week a pair of court rulings offered a preview of the contentious battle still brewing over abortion rights in texas.

on wednesday district judge robert pittman sided with joe biden's justice department and blocked the near total abortion ban that had been in effect since september 1st in texas, but it was a short-lived victory for abortion rights advocates. texas filed an appeal and within hours the country's most restrictive abortion law was restricted by the fifth circuit court of appeals and it is the most conservative appellate court in the country. 12 of the seven judges are republican appointees and six of those are by a twice impeached president, and so far announces the most concise explanation of the texas law, it deprives citizens of a well-established constitutional right. since sb-8 went into effect women have been prevented to exercise control over their

lives in ways that are protected by the constitution. so that brings us back to where we started. for now with the supreme court still scheduled to hear mess mississippi's roe versus wade, it is almost sure this will spill over into next year. many questions remain and we being haven't booked better guests. joining me is the president and ceo for the center of reproductive rights. her organization represents the clinic at the center of this legal fight and former u.s. attorney and msnbc contributor joyce vance. nancy, let me start with you. reports indicate that a handful of texas clinics had resumed providing abortions including whole woman's health which is the clinic you represent in this lawsuit. what does last night's appellate court ruling mean for them now? >> well, it's just heartbreaking. whole women's health did step right in and begin providing services after judge pittman's

excellent ruling and this morning there are patients whose procedures were canceled after that late-night ruling yesterday, and i just want to bring everyone back to the fact that these are constitutionally protected services. you have the right to an abortion up to previability, way past six weeks of pregnancy and what is happening in texas is the rights that people are being flat-out denied and it's outrageous what the fifth circuit did last night. joyce, it's outrageous says, nancy, a confusing provision that provides four years from the time a person gets an abortion for vigilantes to file suit which is questionable. break that down for us. >> so the statute in texas is confusing and complex and it's intended to be that way because confusion means people are afraid to exercise their rights.

it says this, if the law is temporarily stayed during litigation like what the district judge in texas did this week and then it's later permitted to do this week, and later permitted to go into force like last night, providers aiding women to get abortion during the period of time when the law is stayed and abortion services are available can be retroactively sued. so this is a questionable legality. there are a lot of problems with a law like this, nonetheless, the intention was to ensure that as few as possible clinics in texas would re-open in the event like judge pittman did enter a stay and that is precisely with we saw happen here. >> i'm shocked, joyce, shocked to see texas gop lawmakers pass a law of dubious constitutionality and dubious legality. >> nancy, even if the texas law is ultimately ruled unconstitutional, the damage has been done as you pointed out. it's part of the state's

decade-old tactic of pushing the limit as much as possible. talk us to more. you're representing this clinic and representing the doctor saying he's going to do it and how has this harmed people on the ground in texas already? >> well, the impact has been significant. most people seeking abortion in texas have had to leave the state because most people don't know they're pregnant before six weeks and about 85% of abortions in texas are after that six-week period. so people have had to go to oklahoma. there are now weeks' wait for oklahoma for oklahomans seeking abortion services and they've gone as far as california, new york, illinois and some are going to arizona, new mexico, and it is just unconscionable because not everyone has the means to be able to leave the state to seek abortion care. so the impact has been significant, and i want to say judge pittman's decision, the

113-page decision detailed those facts in the decision. they are all there, to see what the impact has been on people in the state of texas, and it is such a well-reasoned opinion, it is just shocking that his preliminary injunction on a clearly unconstitutional law a clearly constitutional law has been stayed by the 35th circuit. >> stay with us, please, i want to continue this hugely important conversation right after a quick break. important conversation right after a quick break. bipolar depression. it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts.

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we have been discussing the decision by the fifth circuit court of appeals to reinstate texas' restrictive abortion law. back with me is fancy northrup and joyce vance a former u.s. attorney and contributor for msnbc. joyce, you retweeted the other day, dear women, we still need you to defeat trumpism. they are set to hear the abortion case in december. the ruling won't be out until next year, a mid-term year, how do you see it affecting the elections next year? >> it's a very interesting question as to whether or not the abortion issue could flip the traditional mid-term election dynamic where the party that holds the white house often suffers tremendous losses.

theoretically, the supreme court hears the case in december. perhaps the texas case gets aligned with it. there is a decision by the end of the supreme court's term in spring of next year. that means going into the polls in november. the real question is whether the apportion issue will galvanize women in 2022, like it did in the 1960s and '70s ahead of the decision in roe versus waitd and whether the prospect of losing 50 years of abortion rights could be a game changer in the political theater. >> nancy, these restrictive abortion laws are not popular, according to a monmouth university poll from late september, most americans do not want the supreme court to re-visit roe. so who are these laws in places like texas written for? >> they're being written by politicians using them to play politics with people's leaves. it is just wholly unacceptable. you know we rely on the courts to step if when politicians

overreach and violate rights and, of course, that's what the district court judge u judge did in his incredible opinion, which documents both why the law and facts are on our side and we are at the point here given what the fifth circuit has done, it's going to be back to all eyes on the supreme court. they need to stop this. it is an unconstitutional lou that has been in effect for more than a month. >> yes, it has. and, joyce, nancy mentioned courts are supposed to step in two prevent politicians overreaching. but we have courts that are political right now, including the supreme court, which six conservative justices, three appointed by trump, one, maybe two, depending on your perspective in stolen states. let me ask you this, when do democrats, liberals, the legal community get behind supreme court reforms, expansion? >> president biden currently has a commission of zol lars with views all the way across this

issue of supreme court reform. i wouldn't look for anything to happen quickly. the courts move in a very traditional pace and a decision to alter the formatting of the supreme court would have a lot of consequences. so we'll have to see what that commission concludes and whether or not ultimately there can be sufficient bipartisan agreement to reform the court. the real issue we will see come to a head in the abortion issue is this, is this a supreme court that's willing to override 50 years of binding precedent to take the country a different direction that's consonant with the political beliefs of the politicians who put them in office. you know judges are notoriously independent once they hit the bench. it's possible that we could see roe versus wade altered but permitted to remain in place. ultimately, the real issue here for democrats is this. republicans have had a lot more success rallying their voters around the notion that they should accept candidates who were perhaps unpalatable in some

ways so that they have a president in the white house who can make appointments to the federal government e federal court. republicans have done that successfully. whether it's a wake-up call to democrats that they need to have similar fidel to the notion of electing a president to ensure they can retake some sort of parity in the court, that remains to be seen. nancy, 30 second left. last word to you. if the supreme court looks increasingly likely overturns roe in the mississippi case, what happens then? >> well, there is going to be a huge response both in law and mobilizing. in terms of law, congress can fix this problem right now with the women's health protection act. it's been passed in the house him all eyes will be on the senate. ultimately, we will need federal legislation that protects the right to cross the nation like we have with the voting rights act but for access to abortion care. >> yeah. good luck relying on this

congress. thank you, joyce vance, former u.s. attorney and nancy, president and ceo, i appreciate you talking about a hugely important and consequential issue. that does it for me. thank you for watching. you can catch me on sunday at 8:00 p.m. eastern here on msnbc. i'll be talking to senator elizabeth warren tomorrow night about a lot of. the i will be back on peacock 7:00 p.m. eastern. tune in for more velshi tomorrow morning at 8:00 p.m. but the "cross connection" starts right now. ♪ the president has determined that an assertion of executive privilege is not warranted for the first set of documents from the trump white house that has been provided to us by the national archives. as we said previously, this will

be an ongoing process and this is just the first set of documents. we will value questions of privilege on a case-by-case basis. >> good morning, everyone. welcome to the cross connection. we got yet another jam-packed show. overnight, you saw breaking news out of texas where a federal appeals court reinstated the state's total abortion ban. we will have more on that later in the show. stay tuned. first, we must begin with the clint eastwood-level showdown between presidents. president joe biden formally rejected the first attempt by trump to with withhold white house documents from the "investigating the january 6th on democracy. they wrote congress is examining an assault on our constitution and democratic institutions provoked and fanned by those sworn to protect them. the constitutional proceedings of executive privilege should not be used to shield, from congress or the public, informatio