good morning and welcome to "way too early," the show that didn't get a weekend. we'll start with the news. the white house formally rejected a request by former president donald trump to withhold documents from the select committee investigating the january 6th attack on the capitol hill under the assertion of executive privilege. under federal law, the current president has the power to wave executive privilege claims by any past presidents. in a letter, the white house counsel writes, quote --

the white house is now authorizing the national archives to turn over an initial batch of documents to the committee, covering trump's actions and communications on january 6th, including his rally at the ellipse. in response to this decision, mr. trump issued a lengthy statement sharply criticizing democrats and the probe. he then formally asserted privilege with the national archives over the approximately 40 documents being sent to the committee and others in the future. white house officials told nbc news on friday they will reiterate the waiver of privilege, which trump will likely challenge in court. house minority leader kevin mccarthy is slamming the january 6th committee after it reportedly selected his phone records. he claims congress doesn't have the authority to ask for those documents. >> this is a select committee, not a bipartisan committee. for the first time in history, nancy pelosi picked who could be on this committee, and what they're try do, they're missing

the two main points. why were we so ill-prepared on january 6th, and how will we make sure we never appear in this position again? it's purely politics. congress doesn't have the right to go after mine or your phone number records, and the supreme court has made this ruling. it's interesting about how far they want to control and where they want to go. >> to president biden's build back better plan now where new polling shows only a small percentage of americans actually know what's inside the bill. in the latest poll, 43% of americans say they knew a lot or even some specifics about the social spending plan. that's compared to 59% who say they knew few or no specifics at all. as for what americans do know, more say they've heard about the cost of the plan than the specific issues it addresses. 59% were aware of the proposed $3.5 trillion price tag, but less than half had heard about some of the key cornerstones of

the bill. that includes universe at pre-k, medical care, free community college, and more. they want to shift the focus away from the cost and rather what americans want and what's in the package. it started with his trip to michigan last week and will continue in the days ahead as they try to get this agenda across the finish line on capitol hill. meanwhile after narrowly averting a national disaster, senate minority leader mitch mcconnell warped he won't do it again. in a phone call biden reportedly said democrats should not expect any republican help in the future. mcconnell reiterated his stance in a letter that reads in part, quote, i write to inform you that i will not provide such assistance again in your all-democrat government drifts into another unavoidable crisis.

for weeks mcconnell led against any action on the debt ceiling insisting the democrats handle it alone, though traditionally it's been a bipartisan exercise. after agreeing, mcconnell struggled to find the necessary votes to beat his own party's filibuster. the debt ceiling will have to be addressed again by december. joining us now is msnbc correspondent mike memoli who like me probably stayed up way too late watching baseball. let's start with the debt ceiling. janet yellen has said more than once that there's an enormous amount at stake if congress doesn't handle this issue. how likely is it as we saw this really dangerous game of chicken the two parties played. just last week we know the debt

ceiling looms again in december. how likely is it that the debt ceiling can be abolished altogether? >> well, jon, those guys at "snl" know what they're talking about. with senator mcconnell blinking last week and allowing the debt creeling to go forward for a couple of months, what he may have done is successfully relinked this with the president's infrastructure, which the democrats would actually prefer to avoid at this point. we hear about the democrats talking about an october 31st deadline to get the bipartisan and reconciliation measures through, but congress is out this week. we're going to see the house come back quickly just to take care of their debt ceiling business, but then we're still not very clear about what the path forward is because joe manchin and kyrsten sinema haven't indicated they're any closer to agreeing to that. so if and when this next self-imposed deadline lapses and it's a tough one for the president because he wants that

infrastructure, especially the reconciliation bill to go through in time for his trip to europe, we expect, at the end of the month, then the conversation kicks back to whether the democrats may have to take care of this larger discussion and democrats really haven't made clear how they plan do this short of another potential procedural change, which is another filibuster or at least carving it out for the debt ceiling. but when you have joe manchin constantly in the mix and constantly googling what they're suggesting, maybe mitch mcconnell was onto something by bringing this back and punting for a few months, making it something else for the democrats to have to solve. >> it's growing frustration about senator manchin and his inability to get on board as they say. we were just talking about the former president, trump, and his attempts to talk about executive privilege. so the white house we know has ordered presidential record keepers to release documents to

the house committee investigating the riots. where does it stand right now. do you have any sense of a timetable? and what is this battle going to look like with the executive privilege between the current president and his predecessor? >> you know donald trump very well, and the idea he's not going to go to court to challenge the move the white house made friday is not likely. it's likely to be litigated in court. the white house, durchlt white hous plt has the authority to waive executive privilege as much as the former president tried to block some of the documents moving forward. it was interesting in that very long rally that the former president held in iowa over the weekend, this issue didn't come up. he focused on other grievances he holds, not the select committee in this case.

what's so interesting and what's significant about what the biden white house did in waiving privilege, they said the former president and his legal team only were seeking to block a certain number of the documents as part of this larger tranche that the national archives was turning over, and what that signifies to me is when the white house comes in and says not only are we allowing that specific set of documents to move forward, but all of them moving forward, for as much as jen psaki and other officials are saying publicly we're taking these on a case-by-case basis, it is very clear they're considering everything related to january 6th a special case. typically the white house would be deferential to even former president they disagree with as they release executive privilege because they want to protect themselves down the road. but what the white house officials i spoke to in this story made clear is january 6th is a very special case. they're deferring to and leaning toward transparency in all cases

around there are a lot of records contained that the committee is asking for. and the committee is going to get their hands on them very soon, barring what would be a legal precedent to intervene here. >> it certainly seems like the white house is not inclipped to help out former president trump particularly as he makes his way onto to the stage. still ahead, the u.s. is talking to the taliban after 20 years of war. >> and a messy exit from afghanistan. what the biden administration is saying about the future of their relationship. one of the gop's top leaders steve scalise is echoing disinformation. those stories and a check on the weather when we come right back. weather when we come right back.

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turning overseas now where

iraqi officials are reporting the lowest turnout for a parliamentary election since saddam husain. the shiite dominated ruling class will likely maintain power according to al jazeera. more than 3,000 candidates are competing for just over 325 seats in government. the state department says talks with taliban leaders over the weekend were, quote, candid and professional. senior u.s. and taliban officials met face-to-face in doha for the first time since the group toppled the afghan government in august. the state department writes, quote, the u.s. delegations focused on security and terrorism concerns and safe passage for u.s. citizens, other foreign nationals, and our

afghan partners, as well as on human rights. meanwhile tensions between china and taiwan are on the rise over the future of the island's independence and some fear it could grow into a much larger conflict. >> reporter: taiwan marked its national day with flags, fanfare, and defiance, the president saying taiwan will not be forced to bow to china. taiwan is standing on the front line of defejding democracy, she said. china has long viewed taiwan as its own national territory. the complete refun unification of our country must be and will be realized, he said. china has been pushing that point and tension to a historic new hihighs, in the last week sending 10 airplanes, forcing

fighter jets to scramble, missile systems to deploy. >> at some point there's going to be a miscalculation, and that would be dangerous for the entire region. >> reporter: u.s. say they're concerned by all the provocation and warn china against hostile pressure. >> this is about china challenging u.s. supremacy in the area. >> reporter: officially the u.s. doesn't take sides but just approved an arms sale to the island. there are reports of training with american troops including a special operations unit and u.s. marines said to be stationed on taiwan for over a year. taiwan is now seen as a central issue for president biden who will meet with xi jinping in a virtual summit before the end of the year. for now, military confrontation over taiwan probably isn't imminent, but it also is not possible. >> our thanks to nbc's jackie

mayer fraher for that report. the havana act authorizes the secretary of state antony blinken and cia director william burns to come pen sate people with brain injuries. things were first identified several years ago at the embassy in cuba. hundreds of thousands are not vaccinated as the deadline for that mandate occurs. active duty members have until november 2nd. the navy marine corps has until december 28th. according to the "washington post", 98% is vaccinated compared to 72% of the marine corps. in the air force, more than 60,000 personnel still need to be inoculated. raymond odierno, a retired

four-star army general who led troops in the iraq war died on friday. he was 67 years old. according to family, he died after a brave battle with cancer. he was chief of staff from 2011 to 2014 and was involved in the capture of saddam husain. he had three tours in iraq. he served the military for nearly 40 years. still ahead, the red sox set up a chance to close out the rays on marathon day in boston. plus, highlights from the afc title rematch on "sunday night football." sports is next. "way too early" will be right back. xt "way too early" will be right back ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no.' everything. but then ray went from no to know. with freestyle libre 14 day, now he knows his glucose levels when he needs to... and...when he wants to. so ray...can be ray.

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vazquez, walking the red sox off with a 6-4 win over the tampa bay rays in game three of the american league division series. it had looked like the rays were going to take the lead when with two outs kevin kiermaier set a fly ball to right field. total free play. had the ball not bounced over the fence, diaz would have ealy scored. instead it's ruled a ground rule double and he was held at third and the score remained tied at 4-4. according to the rule book, it was called correctly, but i imagine mlb officials will be looking at that one at the end of the season. no matter, the red sox take a two of three-game lead with paunch to the world series. it would cap a huge day for

boston sports as the city prepares for return of the boston marathon. the white sox in the franchise's first playoff game in 13 years. the a.l. central champs stay alive. the astros will have a chance to close out the series in game four this afternoon. it will be another action packed day with playoff baseball with national division playoffs resumg for a pair of game threes. the milwaukee brewers will host the braves and the giants will face the dodgers. both series are tied at one game apiece. turning to the nfl. to kansas city, the bills making a statement in the afc tight game rematch getting behind 315 yards. chiefs' q.b. patrick mahomes

made a rare touchdown, and buffalo won on the road, 13-20. let's go to the weather with janessa webb. janessa, how is the weather going? >> the weather is really a great across the area. we have the boston marathon happening this morning, and we're looking at temperatures in the 60s and nice dry conditions am completely different weather pattern, though, if you're in the central u.s. we've had a severe weather outbreak overnight across oklahoma. over 12 tornadoes reported, and the squall line continues its track north and east today. we have a big weather threat across the midwest from chicago to st. louis. look at this. 23 million people dealing with severe weather this afternoon. the primary threat will be damaging wind gusts and a few tornados. the temperatures are still very

high in the area, and that's going to spark up the severe weather. also watching the potential of rain up to 3 inches in some spots. the other big weather story, a different pattern a cross the west coast, a very large snowstorm. it will be the first official one for the season. some of these storm totals for the plains to areas of the rockies, 2 to 3 inches. the higher elevation up to 15 inches. so if you are a winter fan, we have exited fall quickly. pretty soon to see all this snowfall, but it's on its way. >> i know it's the mountains, but october 11th? that feel as little early for snow. still ahead, donald trump draw as big crowd in iowa over the weekend. what that says about another potential run for a term in

2024. as we go to break, we want to know why are you awake? email me or tweet me using the ##waytooearly. we'll read our favorite answers later in the show. we'll read our favorite answers lar tein the show. the new sensodyne repair and protect with deep repair has the science to show that the toothpaste goes deep inside the exposed dentin to help repair sensitive teeth. my patients are able to have that quality of life back. i recommend sensodyne repair and protect with deep repair. this is... ♪♪ this is iowa. we just haven't been properly introduced. say hello to the place where rolling hills meets low bills. where our fields, inside and out, are always growing. and where the fun is just getting started. this is iowa. so, when are you coming to see us? ♪♪

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michael myers is the essence of evil. the boogeyman... needs to die. if you track michael's victims, it's a straight line to michael's childhood home. [ screaming ] tonight my family will kill him. [ gasps ] [ screaming ] welcome back to "way too early." it's just before 5:30 on the east coast, 2:30 out west. i'm jonathan lemire. leaders of the republican

party are still stoking conspiracy theories. minority whip steve scalise repeatedly refused to say the 2020 election wasn't stolen when pressed in an interview yesterday. take a look. >> do you think that the 2020 election was stolen from donald trump? >> well, chris, i've been very clear from the beginning, if you look at a number of states, they didn't follow the state passed laws. >> so do you think the election was stolen? >> what i said is there are states who didn't follow their legislative rules. >> last time -- >> they did not follow the laws set which the constitution says they're supposed to flochlt when you see georgia cleaning up the mess and they call that the jim crow law, that's a flat out lie. >> liz cheney slammed scalise's

remarks. former president trump meanwhile held a rally in iowa saturday evening, possibly signally a 2024 presidential run. he took the opportunity to slam the $3.5 trillion spending bill and claimed the 2020 election was rigged and attacked the white house over its response regarding the pandemic. >> we have had more people die of covid in 2021 with the vaccine vaccines, with the therapeutics. more people died in 2021 than in all of 2020, but the media is silent. they don't talk about that. they hate to talk about that. can you imagine if i were president and had these numbers? you know, some people thought -- first of all, he didn't get elected. forget that. some people said, oh, sir, it was covid.

incredible. >> this is where we note that he, joe biden, did get elected and there was no widespread voter fraud. joining us now political strategist and msnbc analyst susan. good to see you. chuck grassley was at that rally. he just announced he's running for another term. he needs trump supporters. he was there, stood on stage not long before the president again endorsed the big lie. how does the big lie, do you think, going to be used as a weng issue in the midterms next year and in the presidential election a few years after that? >> good morning, jonathan, and congratulations on your red sox. >> thank you. >> at this point, the big lie is, i think, most important in the republican primaries.

when you see chuck grassley, he may still see a challenger on his right. donald trump will drop him like a hot potato. there's no question grassley only did this because he knows it's in his best interest ironically because mitch mcconnell needs him to run again to make sure he holds onto the seat. there are a lot of politics going on. liz cheney talks about the big lie. as we see with congressman scalise, the republican leadership does not care about our democracy right now. i do believe it will be a wedge issue especially when it comes to swing districts. >> it does almost feel like a litmus test, susan, right? with trump having such an incredible hold over the party, in order to be in his good grace and, therefore, a republican in good standing, it's almost like

you have to stand behind the big lie. there are moderates who are reasonable. but that seems to be out the window now. are you looking now at the gop field? i know we're still a ways off in 2024. are you looking at the field and see any republican who would run and not endorse the big lie. >> not right now, not run for president or, frankly, any other office that would -- they'd be facing a republican primary. they have to endorse it. i mean i would -- it's possible that trump wasn't even happy with steve scalise's reaction to chris wallace yesterday because he didn't go far enough. all he talked about were the laws of the state, never mind how many people actually voted. but donald trump will keep his thumb on the republican party through at least 2022. i don't think he'll announce he's running before then, but he will certainly keep things locked up, and if you don't bend the knee to trump, you don't get his support, and, in fact, you get his vengeance.

>> susan, you hinted at my next question. you're plugged in to a lot of circles. what's your sense in terms of what you're hearing right now in terms of how likely a candidacy is in 2024? is this going to happen? >> there's two schools of thought, jonathan. many say he wants to keep acting as if he's running for office because he keeps raising maunld keeps him in the spotlight. he got a taste of the boy every and may want to run. i also will add another choice to it that it'sal possible that he's holding out that he's running for reelection as a possible chip to hold out whether it be by new york or anyone looking at him as a way of saying i will not run for re-election, if you let me cut a deal potentially. >> we should note that republican congressman adam kinzinger, one of few in the gop

who stood up to donald trump will be a guest on "morning joe" later today. susan del percio, thank you for being here. still ahead, there are major twists and terms involved in the texas abortion law, and that's exactly what legislators were intending when they wrote it. we'll talk about where the legal fight stands today. fight standsy there's a different way to treat hiv.

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friday the request was granted and gave them until today to respond. "the daily beast" reports they were waiting to see if the fifth circuit acting quickly before resuming services. joining us now msnbc legal analyst danny cevallos. thank you so much for being here. let's start in texas. as we read, the large providers of texas held off resuming services because they wanted to know what the fifth circuit is going to do, one of the more conservative in the country. but there may be some smaller clinics. what sort of liability would those providers have if a clinic provided -- performing an abortion during the two days when the law was suspended? >> unfortunately the answer is who knows because with the fifth circuit we get a very terse two-page order effectively granting the administrative stay, putting that law back into

place in this judicial game of ping-pong while we awade the biden administration's response, after which it could go right back to being stricken for the time being, but it's important to realize that the fifth circuit for most lit begans is effectively the supreme court. all the caughts are because they don't hear a lot of cases. it's likely to hear this one, but we may see some more ping-ponging before it gets up to the supreme court. >> danny, you wrote a piece over the weekend on nba players, a bunch of former nba players. this is sort of a wild story that took off on social media for a while. players were arrested for insurance fraud. tell us -- and you say the case against them is a slam dunk. tell us about the case and why you think that. >> the only reason we're interested in the case is because it's nba players. the ujds lying crime itself is a very clumsy crime in the world of fraud. this is basically creating a paper trail in the health care world and getting yourself in

trouble for submitting allegedly false claims. in this indictment allegedly, these defendants did it by way of email back and forth to each other, essentially with a pdf saying here's the form, here's how you do it. if that's true, the allegations in the indictment, this is not the dream team. this is the washington generals, jonathan. you know the generals, the team that always loses to the harlem globetrotters. that's how clumsy it's been. >> the generals' numbers are like 0 and 6,000. >> like my high school football team. >> one more. we talked about the conflict over executive privilege on the documents for the january 6th select committee. is there any legal guidance we can turn to that will tell us what can happen in a battle between the current president

and former president? >> yes and no. they started with a series of cases. nixon 1 and nixon 2. all we know is executive privilege exists but we certainly don't know even today the full contours of the privilege. nixon 2 suggests a former president may have a say in executive privilege, but in all likelihood, the cases that have come around since have led to the conclusion that a sitting president has more of a say than a former president. >> danny cevallos, thanks for all of that. really good stuff. please come back soon. still ahead, a totally different host taking the stage at "saturday night live." why some of kim kardashian's best jokes were aimed at herself. "way too early" coming right back. herself. "way too early" coming right back ferently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when it departs.

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country, but i would love america to come together, which is why i'm here to announce i'm running for -- i'm just kidding, guys. i'm not running for president. we can't have three failed politicians in one family. time now for something totally different. all eyes were on kim kardashian west over the weekend as she made her "saturday night live" hosting debut. the business mogul and keeping up with kardashians star taking jabs at her family, her divorce from kanye west and, sure, the o.j. simpson case. she participated in a series of playing herself. mom kris jenner and sister chloe joined in the pregame segments to poke fun at their family members. >> i'm suing kendall because she has absolutely no drama.

she won't cause any drama and it's damaging our brand. >> i'm a jenner, not a kardashian. >> and that's something you need to work on honey. >> kim also addressed her divorce from wrapper kanye west. >> i mean i married the best rapper of all time. not only that, he's the richest black man in america, a talented legit genius who gave me four incredible kids. so when i divorced him, you have to know it came down to just one thing, his personality. >> the show's host showed off her social connections as well, assembly an impressive group of celebrities. chris rock, john cena, jayce

craw r crawford, williams, and griffin playing themselves. cameron also appeared. comedian amy schumer also was on. sadly kyle mooney's character did not advance to the next round. up next, a look at the axios one big thichlk and coming up on "morning joe," as we mentioned, republican adam kinzinger will join. and a look at the latest project. ron and clint howard are guests on "morning joe" minutes away. . there's strength in every family story. learn more about yours. at ancestry. people everywhere living with type 2 diabetes

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this area is this cat. anthony tweeted because i am excited about the red sox and had tickets to the game. anthony, if you have tickets, you can find me. another player is up way too early to wish me luck for the marathon by sharing this video. look at the quads on this guy. yes, i ran track in high school. that was from 1987. i am not sure how i felt on the internet slew. joining us now, a look at axios, alexia mckinney. what did they tell you? >> i talked to the cofounder of

ben and jerry's ice cream which aired last night. the big thing we talked about was political optimism. ben and jerry announced their decision to stop selling ice cream over disagreements of government policies. i asked them about that decision even though they did not make that decision unilaterally. i asked them if that was the business strategy, why are you not pulling from places like georgia, they are big fans of voting rights. they are still selling theirs and with the abortion ban that's passed in texas. they did say that's something we have to think about. we have not considered how to hold them accountable. >> i encourage everyone to check

out the interesting interview that you did. there are progressive groups warning democrats, what are you and your colleagues actual reporting about that? >> i have a new reporting out of this analysis of the 2020 elections show exactly what you just said. they seen voters of color typically considered once reliable voting blocks for democrats. black voters and latino voters and shifts slowly but surely. the republican party inspired a trove of the first time party could not understand, texas and north carolina and georgia with particular of voter in color. that's something democrats have been followed in 2016.

>> and how much of that do we think is attributable to former president trump. what do we think of the role he play and how worry is democrats that he'll be on the ticket again for 2024? >> they say things like it's not donald trump influence but the republican general under him. they wake up every week and see rnc open a new office in south texas trying to court latino voters. so they're seeing their republican party despite of historical trends. the republican party slowly but

surely made -- >> that's really interesting stuff. alexia, thank you for being here. covid-19 cases are dropping nationwide in some areas that have been hit the hardest. while there are some signs of hopes, the cold weather may create more problems. nbc's news correspondent, sam brock. >> reporter: for the first time in months, americans are feeling optimism. >> do you feel better hearing that? >> more relieved that covid cases are going down. >> hopefully by holidays, our numbers are lower. >> reporter: infection dropped around 40% since peaked level a month ago. dr. fauci predicting that could change. >> i strongly suspect that you are going to start seeing deaths

go down similar to hospitalizations. how quickly they go down and how thoroughly will depend on the number of circumstances and buy things like colder weather and people doing things indoors and how well they go by cdc guidelines. >> reporter: a closer look under the hood exposes a splitting reality in trends. the four largest states of covid are dropping, taking the u.s. cases with them which dipped to 12%. up in the midwest and great plains and michigan and dakota all seeing double digit jumps. >> anywhere from two to half a dozen of people waiting in emergency department rooms, waiting for ambulances to transfer them elsewhere. dr. robinson is an er physician

in west michigan. >> do you think as the temperatures go down, we are seeing more people going inside. >> i am terrified of what may come december, january and february. truly that's when we see people all heading inside and getting together. >> our thanks to nbc's sam brock. president biden was elected more than this reason to mandate this. some encouraging signs right now. the white house trying to paint where we are in the pandemic. think about it. vaccines and boosters are now available for some americans and for others soon. we got situations where in a matter of weeks, potentially buying first weekend of november, kids ages 5 through 12 will be available. we are seeing cases dropping across the country, deaths and

hospitalizations following. cold weather could bring people inside that allows virus to spread. thank you all for waking up way too early with us this monday morning. "morning joe" starts right now. what facebook had done is disgraceful and you better believe congress will be taking action right after we pass the infrastructure deal and raise the debt ceiling and prosecute those possible for january 6th insurrection and stopping trump from using executive privilege even though he's no longer president but after that, you watch facebook. >> good morning, it's monday, october 11th, a lot to talk about today. we have jonathan lemire and