next. good day, everyone. this is "andrea mitchell reports" in washington. this evening members of the house january 6th committee are set to vote on whether or not to hold steve bannon in contempt of congress for refusing to cooperate with their investigation. a vote that could lead to really charges against bannon. he is suing to prevent the national archives. and the fda is going to allow the mixing and matching of covid vaccines. and fight over the new texas abortion law goes back to the supreme course for a second time. they're asking the high court to temporarily block the law by banning abortion after six weeks of pregnancy. let's start with the drama on

capitol hill, kristin welker, welcome back, your first day back from maternity leave, garrett haake, phillip rutger, donna edwards and brandon buck. so, walk us through what you're expecting later this evening when the january 6th committee gavels into session. what do we know? >> it will be straight forward. they're going to meet around 7:30. there is no reason to think this vote tonight won't unanimous. they're voting to recommend holding bannon in contempt. he says he is covered by former president trump on executive privilege and the committee thinks they can win out on all of that and they're going to move out quickly. the full house would have to act. that could be as soon as this week. and only then would this be referred to doj for a criminal

prosecution. the point here, the house says, is they want to move quickly. they don't want to be caught waiting around for courts to act or in a long negotiation back and forth, they want to press ahead. >> first they have to get the d.o.j., merrick garland, to agree to proceed. then they have to go to the courts, get a grand jury convened, and it is a process. >> yes, and the d.o.j. said we're handling it by the book and no political pressure. so even though they say they want to see action here, the doj made it very clear that it is by the book. >> kristin, talk about your view. the president put his finger on the scale on a way that he said he wouldn't. and the justice department quickly came out with a statement saying, you know,

we'll do our thing on our own. so we don't know what what he is going to do, but the president, do he did indicate he thinks it should be approved. >> it is great to be back, so great to be with you. he was asked if those that defy asked if he show be subpoenaed and he said yes. jen was pressed on that repeatedly yesterday and she dug in, she swiped away and said yes, he still believes it should belied up to. that it is independent from the executive branch. she said he is not backing away from the very tough comments and it comes as the white house is responding to former president trump who is suing the

committee's investigating him asking for those documents and the former president wants to claim executive privilege and the white house said you can't claim executive privilege on the documents related to january 6th. in a statement released earlier today they say he abused the office of the presidency and attempted to subvert a peaceful transfer of power. it was a unique and existential threat to our democracy that can't be swept under the rug. it should not be used to shield information that reflects a clear and apparent effort to subvert the constitution itself. the white house is really digging in as that committee prepares to vote later on this evening. >> and phil, as the co-author of "i alone can fix it," the best selling book on trump, do the

former president and steve bannon not want the company to see the documents. >> they're trying to delay any scrutiny of his actions on january 6th. the documents could do a number of things, minute by minute the phone calls that he was making that day to give a clear picture of what he was doing in those hours. but they could also document the meetings, the conversations, the memos that he was receiving and having in the days leading up and in the days after. steve bannon was a key figure outside of the government in that tense time helping to orchestrate the sort of, you know, the outside movement of trump allies coming to washington marching on the capital, storming the capital on that horrific attack. he was behind the scenes, almost like a puppeteir.

he would provide damming testimony, perhaps, and he would have documentation on his own and the committee would very much like it. >> phil, neither of us are lawyers, i don't think you're a lawyer, but the fact is steve bannon, he has never been litigated or adjudicated. that is a test case. steve bannon was not in the white house for several years. his claim that he has that protection of executive privilege by the former president is even thinner than the claim, potentially, by some of the others that have been subpoenaed. >> that's right, he was a private citizen at the time under question. you know he is making this claim in order to drag out the process. it could become a legal battle of sorts, but he doesn't seem to have much credibility there according to legal experts that point out that he was nots a

figure in the government in this time. >> and there is a clearly some frustration prung critics and those called by the whole insurrection at the capital that this committee, the delay, getting the committee organized, the rejection of the commission, of course, by republicans, that this is a very time consuming process. and the former president and his colleagues want to stretch this out past the midterms, even. >> it would have been time consuming even if it had been started meetly after january 6th. the reality is that the allies and the enablers want to stretch it out as far as possible, delay, and obstruct, and what is really clear from the committee and the actions, outlined by the chair benny thompson, is that he

is not going to face this. he is possibly holding bannon in contempt, and also for the long term effort, they are issuing valid subpoenas. so i think this is an important assertion by the committee and ultimately by the congress to refer to the department of justice. and i think that the department of justice after some evaluation is going to determine that it does have the authority to enforce this criminal contempt proceeding. i think that he is the lesser of the characters in terms of his ability to assert executive privilege, he really dent have a leg to stand on. but i think it doesn't apply to the others that while they're

cooperating now if they don't cooperate soon congress has the ability to assert it's rights and authorities with a criminal complaint. and this will be a shot across the bounce and the other potential witnesses socially coming to the committee. >> what about the potential political fallout subpoena there a fallout for republicans? they are digging deeper into what happened. >> yeah, i think the steve bannon issue is interesting for a few reasons. fist, he was not a government employee at the time. i think if republicans go to the floor and vote against contempt, i think it is weakening congress's primary oversight authority saying it is okay not to comply with congressional inqu inquiries. but i don't think is an accident they're going after steve bannon

first. he is the most high profile, but he is not particularly popular with a lot of republicans. he spent a lot of time attacking a lot of republicans. so i will be very interested to see how republicans vote on the floor, whether or not they will stand by him. i expect they will, but i imagine there will be a few republicans that vote either because they have no love for steve bannon or they think it is right for congress to say you have to come buy. the time they're trying to run the clock to is until past the november elections next year. if republicans attack back the house that seems increasingly likely, this will all end. that is what the president's team and steve bannon is trying to do. >> yeah, but former president trump's team. thank you to everyone here with us on the set, and kristin welker, we're happy to see you

back and we'll have you later in the show as well as long as you're willing. mix it up, a big covid booster announcement could impact millions of americans coming up. you're watching "andrea mitchell reports" on msnbc. reports" on msnbc. ♪ 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. ♪ your mission: stand up to moderate to severe rheumatoid arthritis. to unveil them to the world. and take. it. on... with rinvoq. rinvoq a once-daily pill can dramatically improve symptoms... rinvoq helps tame pain, stiffness, swelling.

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vaccine mix and matching could be approved soon. they found that recipients of j&j saw impressive increases in protections after getting a moderna booster. >> what does it mean for j&j and for moderna since they don't have approval yet. >> we're waiting for clang wage that eludes to mixing and matching including language for emergency use authorizations around moderna and j&j. we expect that given the data it is a little over 450 people in this mix and match study, but if you got j and j it is clear that mrna is in your best interest as

the second shot. that will be the democratic they expect most people want to go in, but i am seeing patients asking me if i got pfizer is it better to get moderna? if you got an mrna vaccine, there is not much marginal gain by changing the brand or the type. i recommend sticking with it. i think the fda will give that sort of recommendation as well. >> the other issue, that you're dealing with, is mandates, what is the latest from the officers on the ground? >> right now both sides are standing their ground. we're looking at 3200 officers that have not complied, and they tell us they're not going to do so. they say the reasons are they don't want to be told what to

do. they don't trust the vaccine and the science. and this comes at a major cost. they understand they could lose their job for this. listen to what one officer told me? >> you're willing to get fired? >> yes, i am. i hope i don't, but you're telling me what i'm going to put in my body. that's my choice. the result is you will terminate me? >> yeah, so the officers not willing to budge here and i have to comb through the data. they're looking for the officers that did not comply and they're calling them to headkwaurtters where they give them one more opportunity to comply. if they decide not do so they're

placed on unpaid leave. so far it is about 50 officers and one person told us he expects it to increase to the thousands. >> that looks like a really tough situation for the mayor there. i want to follow up about colin powell's death yesterday. it there was a lot of miss -- misinformation online. especially someone like him that was in cancer treatment, and it was suppressing his immune system, which would suppress his ability to respond to the covid vaccine. >> that is right, andrea, and while it is a rare decide, we know the general suffered from it as well as a few other

decides. about 4% of the united states population falling into a category where they would never even amount a appropriate immune response. in a small study they found that with both doses of mrn could get half of what someone else might receive. so we see a predisposition or a high probability of infections including covid. this is another reason, thinking about law enforcement and mandates, it's not just the individual, it's protecting the entire community. it gives me chills to think could we have done something if case rates were lower. were they all vaccinated? that is our best defense that we can have. vaccines work, especially when we call get them in a community. >> absolutely, this is an example, case in point, so sad.

thank you so much. dems fighting words, can the president bring the democrats together? time is running out. you're watching "andrea mitchell reports" on msnbc. reports" on msnbc. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ opportunities... are all about timing.

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white house officials say they're dialing up the urgency on talks over joe biden's stalled legislation. the infrastructure bill that has not passed the house until there was a agreement on the megaspending bill. they are holding a meeting today at the white house with house progressives, house moderates, and joe manchin is there as well. after sanders and manchin spent weeks going after each other in public comments. >> we're talking. >> we're talking. >> you're going to have a resolution by the end of the week? >> we're talking. >> they're talking, you get it? not just exchanging barbs is the

west virginia press. thank you both of you. kristin, first to you, what is likely to come from the president? the message now to fellow democrat social security he will get it done, or how can i bring them together? there was criticism that he was not doing enough to bang heads together. >> i think you hit the nail on the head, the message it done saying land the plane. it's time to have something to show the american people. the question is how is that going to happen? here is what we know. we know there are a flurry of meetings at the white house today. we know there is a number of conversations on capitol hill, but what, if any progress, has been made?

that remains to be seen. based on my conversations, there is still a number of key sticking points including one of the key climate proposal that's is included in the reconciliation bill, senator manchin is opposed to it. he wants it scaled back. . will it be scaled back all together? poshlly a car upon tax, they say. senator joe manchin just shot that down moments ago saying at this point the carbon tax is not on the board at all right now. we also know that the child tax credit is among the key sticking points and i'm just naming a few. there is a long list them. this is one of the busiest days of meetings yet. it is significant and it could be an indication that the talks are moving in the right direction. as for president biden, he will be engaged in all of these

meetings here at the white house today. tomorrow he goes to scranton. this all comes against a politically fraught backdrop in addition to the midterms that you have been discussing. there are critical elections with democrats saying their races could be impacted. >> thank you, and patrick, is it past time for the president to be holding separate meetings and just bring erin together? i remember when it was over at blare house and he was trying to get a bucket sdmael. >> he is a great negotiator. he understands that body better than most legislatures do. he got to capitol hill, he had the 11th hour negotiations that

pushed us over the finish line, but you're right there is a fierce urgency. he leaves for a trip overseas and this plegs as been out there for eight months. you showed the scrum between senator manchin and senator sanders. those two senators have more that they agreed with in this bill than they disagreed with. they both opposed the trump tax cuts. they made it very clear on the provisions around child care. they need to create more access to those. and they are negotiating the lowering of prices for americans. there is a lot of agreement there. >> and many disagree on tough ticking points. senator manchin is working on

requirements and how would that affect grandparent led households, there are many that are not physically or financially prepared to raise another child. most grandparents are responsible for their grandchildren but they're no longer in the labor force. isn't that an unreasonable demand? a work requirement for childcare? >> i think we have seen a few, the first half of this year, that a robust child credit helped to cut poverty in communities across this country. it is necessary that we get this provision in. and i think that senator man chin said that he recognizes the merits of it. we had these kinds of negotiations before on testing, and i think that will continue to move it forward.

it is difficult, the demands made, given the challenge that's we know that they have and it is very different. >> thank you so much. and of course kristin welker, great to have you back. >> indeed, the abortion ban challenge, the supreme court fast tracking a challenge to the abortion ban. pete wlms explain next. this is andrea mitchell reports on msnbc. on msnbc why hide your skin if dupixent

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support of the justice department's emergency appeal. so we want to note that in full disclosure. pete, what are we hering now from the supreme court? what signals, signs, and importance is there? >> twice they said in the last day or so that we want responses by thursday at noon. so the supreme court intends to do something on this quickly. they responded to the justice department breer, they asked for a stay of a lower court decision. so the justice department is asking to put it on hold. it says by the way i know you turned away this request last time, supreme court, but that was from a private lawsuit brought by abortion providers in texas. we're the federal government and we have authority that the abortion providers don't. we can sue states and say that the supreme court should not allow texas to deprive women of a constitutional right without the ability to go to court. and they also appeal to the

course's own supreme court nullify. now at the same time it is sitting in the court of appeals. they said to the supreme court why don't you just take this case now and let's get beyond the injunction and decide once and for all if this is constitutional. the supreme court said we'll decide whether or not we're take it, texas needs to respond to that by noon. >> from the tea leaves you're seeing, what do you think the court may do? is there is a chance they would go against the fifth circuit and stop the law from going into effect? >> i think it could be a difficult outcome than what we saw in september. at that time we had the majority of the court say we're going to just keep the status kwoe in

place until this case works it's way through the system and we can hear it and have full briefing. what is different now is that the doj filed this brief, and this lawsuit. it's interesting because i think before they were able to dodge the question by looking at complicated standing issues. but the united states absolutely has authority to challenge this law and it's own interests are being violated. the bureau of prisons and military facilities perform abortions in texas and now they're not able to do that. they have payments through hhs and other federal agencies to cover these kinds of services. they're being directly injured every day this law stays on the books. i think there is a good chance we could see a different outcome here. at least a stay spending the ability to fully litigate this later, that means putting the law on hold, the texas law, on hold, while it works out.

>> december 1st is a big day at the court. it's the day they're scheduled to hear about the texas law. >> the mississippi case is really about abortion. it is a frontal attack on roe v. wade and all of the decisions that say that a state can't block abortion completely before the anyone of viability. it is about abortion in texas, but the real issue is whether or not a state can do what texas did, saying we can't do something because the court won't let us, but we're going to let erin else do it. >> barbra, what motivated you? what is the legal issue? the societal issue, that got you involved in wanting to be part of this case? >> i see it as an attack on the rule of law. regardless of your view on

abortion and the supreme court has the power to review roe versus wade, regardless of your view, this is an assault on the rule of law. as pete said, it allows states to do an end run. that means every other attempt to do an end run or a constitutional run is there too. we'll see it with gun rights, free speech, religious rights. and that is now how the system works and i they is a violation of the law. >> pete, it's always great to have you here. how the general's legacy impacted the u.s. military and foreign policy. that is all here next on msnbc. c

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chiefs of state colin powell. he was fully vaccinated and he was undergoing cancer treatments that greatly suppressed the immune system's response. he was also diagnosed with parkinson's. but he was still in fighting form when he spoke to bob woodward in july. >> i've been at the hospital two or three times a week. i have multiple myeloma cancer and i've got parkinson's disease, but otherwise, i'm mine. >> oh no, i'm so sorry. >> don't is a no, don't feel sorry, i have not lost a day. >> he had so much spirit. joining us now is the former ambassador and counsellor on foreign relations. congratulations on the book, it

is great to see you. i want to talk to you about the book and middle east diplomacy. let's talk about colin powell for a moment. you did overlap in your time with for for a little while. how will it be at large. >> he was an immensely charming man, a real officer and a gentleman and he asked me to stay on in israel. at the beginning of his time as secretary of state. colin powell was secretary of state and he understood that economists needed to be backed by the threat and force. he was a very strategic secretary of state.

unfortunately he was hemmed in my vice president cheney. but in the exposure that i had to him, he was very focused on the aproportion to try to deal with the palestinian conflict. i republican. >> your negotiations ended seven years ago. we have not had a real palestinian agreement i should say since 1998. all of the promise that he brought to this diplomacy and has been followed up on. >> yes, it was after my last attempt at peace making. i decided that i needed to go back and look at the successful

round of u.s. diplomacy. they laid the foundations not only for a successful peace process, but also an american led order that lasted for three decades. everybody that came after was not nearly as successful, it seemed, with the exception of jimmy carter. . he was able to do that essentially because of foundations that kissinger laid. what i don't understand is why he was successful and we were not. >> what did you conclude? >>. >> so essentially what i discovered in this journey, and the huge amount of documentation, that was he was

actually successful the at peace making because he did not seek peace. as presidents came after him. he saw that kind of peace making as problematic, as a problem versus a solution. he wanted a step by take aproegs do understand that peace making was essential, and that was genius behind this diplomacy. >> i to ask you about the kirgs situation that time is running

out to wait for iran under this new regime. the u.s. thought that eastern would return to the negotiations for that joint agreement that multilateral agreement that trump got out of to resume the nuclear accords and they didn't come back. they have not come back, and frankly they making so much progress according to israeli, u.s., and european officials that time could run out. you could resort to the so-called plan b to stop them from having less than a month before they could theoretically, at least, have enough nuclear material to have a weapon? >> i think you're right. they have an agreements, and they don't like look they intend

to. and that means the administration has to consider other options. but don't forget in afghanistan that the era, the administration is trying to focus on the ride of china and asia and they don't want to be drawn into a war in the middle east. and israel is not in a position to take military action, at least for the time being. and so they have to look at other diplomatic options. deterrent options, to see if it is possible to slow the iranians down and hold them at least at the threshold of a nuclear weapons capability. they would still then be two years off from actually having a bomb, and maybe it will become possible working with israel and other allies in the region to deter them from doing so. but there's no question that they're moving rapidly towards a nuclear threshold capability. and that's why, as well as dealing with the rise of china,

the biden administration is going to have to come up with a way of deterring them from advancing any further. >> ambassador, thank you very much. the book is "master of the game," and henry kissinger taught us a lot of lessons in so many ways. we will dig deeper into that on another visit. thank you. and calm against chaos. the parkland parents preparing for an emotional day tomorrow, as the alleged school shooter actually confessed now, plead guilty to 17 counts of murder. this is "andrea mitchell reports" on msnbc. the lone wolvs of the great highway. all they need is a bike and a full tank of gas. their only friend? the open road. i have friends. [ chuckles ] well, he may have friends, but he rides alone. that's jeremy, right there! we're literally riding together. he gets touchy when you talk about his lack of friends. can you help me out here? no matter why you ride, progressive has you covered

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of where the stress goes. behind the wheel of a lincoln is a mighty fine place to start. right now, we're watching breaking news out of texas. a small plane has crashed at the houston executive airport, west of houston. local officials tell us all 21 people on board are safe. it's apparently a private jet, corporate jet, with amazingly only one injured. apparently, the private plane failed to take-off and caught fire when it rested in a nearby field. ntsb will lead the investigation into this crash. meanwhile, 52 families in parkland, florida, have reached $25 million settlement with the broward county school district in connection with the deadly shooting at marjorie stoneman douglas high school in 2018. this is just a day before nikolas cruz, the man who killed 17 people that day, plans to plead guilty to 17 counts of first degree murder and 17 more

counts of attempted murder. once sentenced, he could face either life in prison without parole or a second phase, the penalty phase, and he could face the death penalty. joining us is a gun safety advocate whose daughter was murdered in the parkland school shooting. first, i haven't seen you in a while and have been thinking about you since hearing about the guilty plea for tomorrow. let's talk about jamie. second annual dance-a-thon to celebrate her life coming this saturday. tell us more about jamie. >> yeah. thank you, andrea. it has been a while. that's my beautiful daughter behind me. as you and i talked about before, jamie was a magnificent dancer, but jamie was also a person who always just did the right thing. she was a person who fought for others, and i hope that, you

know -- i heard your opening. i hope the world remembers jamie. i hope they remember the other 16 and remember their names and their faces and only focus on their names and their faces. we don't use the name of the killer. i won't look at his photo. i want jamie to be remembered as the person who would have done amazing things, who should be living the best part of her life right now, but because of what that animal murderer did, she won't get the chance. hopefully, tomorrow, we start getting justice. >> what -- how do you face -- how do you brace yourself for tomorrow? >> that is a heck of a question. i've had to promise my wife that i am going to restrain myself.

because it's not an easy thing to do. i am going to do everything in my power to sit there quietly, with my hands grasped so that they stay where they belong. and know that the legal process is moving us to a place where that person is going to get what he deserves. you know, i spent a good part of the day yesterday at the cemetery with my daughter, asking her that question you just asked me. and asking her for guidance and for strength. there's a little something that jamie and i have between us. it's a song. i said, if this song comes on the radio when i drive home, i know -- i know you're listening to me, and i know you're telling me, "dad, you're going to be okay. you're going to do what you need to do."

my daughter, i got that message. so i can promise you, from my daughter, tomorrow i will restrain myself because i'm not going to do anything that would make things even worse. >> fred, do you have anything emotionally invested in the penalty phase? >> i do. i want him to pay the ultimate price with his life. he took the lives of 17 beautiful children, 14 children, 3 adults, without any regard for what that meant to those who were killed, to our families. you know, people forget with gun violence. it's not only about those we bury. it's about those who survive, the families. my son who heard his sister get shot. my wife who struggles every

single day. i hope this person pays the price with his life, and i do, the penalty phase for me is an important part of our ability to move forward as families. >> well, our thoughts and prayers are with you tomorrow, as with the other parents and the other relatives. thank you, fred. >> andrea, thank you for everything, always. >> we're going to leave it there. that does it for today for "andrea mitchell reports." follow us online on facebook, on instagram. chuck todd and "mtp daily" starts right now. if it is tuesday, can the january 6th committee break through the delay tactics of trump and his allies? the panel gearing up for its first contempt vote later today. steve bannon defies the committee's subpoenas, and trump takes the committee to court. plus, new reporting suggests the fda is poised to