sure veterans get the mental health care they need. that wraps up the for me. i'm jose diaz balart. follow the show online at jd balart msnbc. thank you for the privilege of your time. craig melvin picks up right now. good tuesday morning. craig melvin here. we're staying on top of a number of stories this hour. first the concert tragedy in houston that left eight dead and hundreds more hurt. so far more than a dozen lawsuits have been filed against travis scott and the organizers of astro world. the fbi is now a part of that investigation. this morning we're hearing more firsthand accounts of the chaos. >> i'm a big guy. i couldn't control where i was

going. >> the crowd just starts going crazy. i can't breathe, i can't breathe. also, a big moment in the kyle rittenhouse trial in wisconsin, the stat likely to rest its case today. in just the last 15 minutes a medical examiner took the stand. when the defense takes over, we expect several witnesses. the one we are all watching for, kyle rittenhouse himself. the january 6th select committee has issued more subpoenas. so much of the talk on capitol hill has been focusing on the divisions among democrats and republicans over the president's agenda. you may be asking what happened to big shows of bipartisanship. well, i'll talk to two lawmakers who just notched a major accomplishment.

their bill passed the house without a single no vote. they'll join me together ahead. first, the latest on the kyle rittenhouse trial. gabe gutierrez is in kenosha, wisconsin. also david henderson. gabe, we'll start with you there outside the courthouse. i know you've been listening very closely from day one. we're seeing this medical examiner on the stand. what is the prosecution trying to get from him? >> reporter: within the past few minutes he took the stand so they're just getting some particulars out of the way. right now they're looking at some autopsy photos of the two people that were shot and killed when kyle rittenhouse opened fire. earlier we saw a forensic imaging analyst brought to the witness stand by the prosecution. the prosecution trying again to really hit home that kyle

rittenhouse was looking for trouble. they're trying to paint him as a vigilante. critical testimony yesterday. as we were coming on the air back then, a key witness in this trial, the sole survivor of the shooting, the man who was shot and wounded by kyle rittenhouse, the prosecution tried to show jurors it was rittenhouse who was the aggressor. during cross examination the defense really went after him to show that the only reason kyle rittenhouse opened fire is because he was the aggressor and waved the gun in front of rittenhouse. when pressed, he said he didn't intentionally mean to point his gun at him, but that might be enough for reasonable doubt in the minds of these jurors.

who was responsible for the confrontation, was it rittenhouse or the people he shot? we expect the prosecution could rest as early as today. then the defense takes over. the big question, when will kyle rittenhouse testify. during opening statements his attorneys indicated that he would. that could be potentially very risky. it's often risky when defendants take the witness stand. but it's something the jurors might get to hear later this week. >> david, let me ask you, if you were representing the defense here, would you advise your client to take the stand? >> 100%. whenever you kill someone and say you were justified, you almost have to take the stand. legally they've got kyle rittenhouse. that's made very clear especially with the way people

are interpreting the testimony from yesterday. it lets you know that rittenhouse has to take the stand and say, yes, i shot these people, but i did it in self-defense. with that, without his lawyers can't pound that home in closing arguments. >> the medical examiner is talking about the wounds he observed on the men killed. >> were you able to determine the cause of death to mr. huber? >> yes. >> what was that? >> mr. huber died from an gunshot wound to the chest. >> is that an opinion given to within a reasonable degree of medical certainty? >> it is. >> why are those details so important? >> we always think of john quincy md or csi and most of

them are not like that. they spend their days in a cold room dealing with cadavers and their personalities end to reflect that. kyle rittenhouse was shooting with lethal intent and that's why he killed the two people he did. this testimony plays directly into that. >> based on what you've seen and heard so far, what do you make of the case the prosecution has made so far? >> what i make of this more than anything else is poor witness preparation of gross kroit's yesterday. it should come as no surprise he approached kyle rittenhouse with a gun. if you had an active shooter in

a school and a teacher raised a gun at the shooter, no one would think they were in the wrong. for some reason, people didn't see gross kroits that way when he testified yesterday. you had a situation rittenhouse is running down the street with a gun. in those circumstances gross kroits was tlorzauthorized in u lethal force. >> gabe, keep us posted on the trial. also this morning, we are following a huge step into the house investigation into the january 6th insurrection. the select commit tee has issued subpoenas to six more members of former president trump's inner circle . they reportedly claim to have set up a, quote, war room for

their plans to overturn the election. michael flynn, jason miller, angela mccallum, john eastman and bernard keric. garrett haake is following the story. what do we know about these new subpoenas this morning? >> reporter: the committee says these subpoenas are for folks wlorp there mr. cases involved with the trump campaign on the front aendnd then pivoted to the stop the steal effort after the fact. you have michael flynn, long time ally of president trump, one of his early endorsers back in 2016 who was pretty active talking about his own conspiracy theories. then there's bernie keric.

he's the only one to issue any kind of statement after the fact, at least that we've seen publicly, acknowledging the subpoena. he writes there a statement, i'm demanding that the committee either detract this defamatory press release and apologize or admit this is purely a partisan stunt and they aren't looking for the truth. craig, that doesn't sound to me like someone who's eager to cooperate. all of these folks know they face potential legal consequences if they choose not to. we expect new subpoenas from the committee possibly as early as today. >> garrett haake on the hill. perhaps foreshadowing some more activity there later today. more lawsuits have been filed after that horrific concert stampede there houston. we'll have the latest on that and why the fbi has now joined

the investigation. >> plus, colorado hospitals are strapped with covid cases soaring again. what's behind the surge? and a unanimous vote from the house. from the house. frequent heartburn? not anymore. the prilosec otc two-week challenge is helping people love what they love again. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com. to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity

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more than a dozen lawsuits have now been filed against travis scott and the organizers of astroworld. this morning we are learning a bit more about the investigation itself. morgan chesky is on the ground at that growing memorial in houston, texas, for us once again. it feels like there are new

developments by the minute now. the houston police chief confirming he met with travis scott and his head of security friday before the main event to ask them to work with police throughout the festival. what are we learning from authorities this morning? >> reporter: that was the conversation that the chief described as brief but respectful. he was asked if he did have concerns, why didn't he shut the concert down at that time. you have to keep in mind there were already upwards of 50,000 people already in the arena and this was underway when he had that conversation. he had seen the increasingly rising fervor of the crowd. important to note that prior to this concert taking place, there was video of people jumping past barriers that gained access to that area. that was some of the first warning signs of what was to

come. as far as the investigation today, we know that the fbi is now assisting local and county authorities and gathering evidence. they are calling this a criminal investigation. we know that the homicide unit and narcotics unit are both assisting authorities here. they've remained relative hi tight lipped. we know they're poring over those videos trying to get a better idea as to what may have precipitated this fatal crowd surge. every witness we've spoken to says it was tough to tell what was happening because there were so many people in such a confined space. >> is there any evidence that you've collected that suggests in any way he initiated this? >> no, not at this point. i'm not prepared to say that. i'm not prepared to say he was fully aware of what was going on. all i'm saying is that everybody at that event, from the artists on down, security and everything

this to provide public safety, including the crowds in general, we all have responsibility. >> reporter: again, the chief reiterating that there is no evidence at this time that travis scott, the headliner performer, encouraged the crowd to surge toward the stage. there have been past instances in 2015 and 2017 at scott concerts where he has been accused of allegedly up citing the crowd to become rowdy. there were several injuries reported at prior concerts, but there is no evidence at this time that he had a hand in that. scott minute training he was unaware of how serious the situation was and that it was deadly until after the concert took place. he's cancelled an upcoming concert in las vegas this weekend saying he is too

distraught. a disturbing trend in colorado, hospitals dealing with rising covid cases and staffing shortages, crowded icus. vaccination rates have been pretty good in colorado so experts are asking what's causing this surge. t's causing this surge my nunormal? fewer asthma attacks with nucala. a once-monthly add-on injection for severe eosinophilic asthma. nucala reduces eosinophils, a key cause of severe asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. ♪

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more than 2700 cases a day, a 9% plus positivity rate and less than 100 open icu beds in the entire state may sound like a snapshot of this time yesterday, but actually is happening at this very moment in colorado. hospitals there treating the highest number of covid patients that state has seen since december of 2020 and all that before we even hit the holiday is this year. steve patterson is following the rise in cases there. steve, what can you tell us about this new surge in cases and hospitalizations? >> it's frustrating for health officials because of what you just laid out on top of the fact that colorado has done pretty

well with vaccinations. more than 60% of the population has been vaccinated. it's leading health officials to wonder what's going on. there's a lot of theories, number one is the still raging across the country. and not enough is being done to get everybody vaccinated to get to a stable scenario. it's colder, people are gathering together, the mask mandates are more lax. we're at tier three in colorado. some hospitals are so overwhelmed they have to transfer patients. colorado has never had to do that at any of these other peaks in the pandemic. because of that, hospitals are packed and looking for help.

we spoke to a doctor about what hospitals are going through. >> in the last few weeks we've seen an almost exponential increase in the community transmission which translates into hospitalizations for the folks who are going to get infected and potentially have severe disease. >> reporter: obviously for hospitals as well you have people coming into the hospital that don't have covid, have nothing to do with covid, just simply because life is back to normal. people have delayed care because of these other spikes which has led to this ripple effect of people going to the hospital. it's led to a real crisis here. >> i want to bring in dr. patel,

former obama white house policy director, now an msnbc medical contributor. is colorado the canary in the coal mine here? how concerned should we be? >> it's a good reminder to not get complacent. colorado, alaska, a number of areas in the midwest are experiencing pockets of summers and having to resort to dramatic standards. i want people to have faith in their vaccines. this is one of the reasons among many that we're encouraging people, if they're eligible, to get boosters. the safest way to avoid what's happening in colorado is to surround yourself with people who are vaccinated. that may include partly

vaccinated children, but it's much safer than going into situations where you don't know the vaccine status of attendees. >> the "new york times" reported on this hour about the pfizer booster shots. pfizer is expected today to ask federal regulators to expand authorization of that booster shot to include all adults, according to two people familiar with the situation. why is that so significant? >> it's significant because it acknowledges that we now have enough data, not just in the united states but also global data that we're seeing that vaccines work, but they decrease over time. this booster becomes essential because of all these factors, people traveling and coming together for the holidays and people who were vaccinated early on maybe in april.

joe biden in april of 2021 said any american who wants a vaccine can get it. that puts us squarely more than six months from those second shots. we know that's when immunity can decrease and potentially see those breakthrough infections. not significant to worry anybody, but enough where we want to get ahead of it. i don't want to wait until things get really bad like they are in the u.k. and other countries. i hope they do put this forward and get boosters for all. >> just to clarify, the expectation is they will ask regulators tomorrow. there is a kaiser family foundation survey just out. it found some staggering statistics about covid misinformation. the poll tested eight pieces of covid misinformation. 94% of republicans polled were not able to identify the false

statement, compared to 78% of independents, 62% of democrats. how surprised are you by that kind of disparity between political parties and their willingness to identify misinformation as it relates to the virus still? >> not surprised when we start looking at where people are unvaccinated and parts of the country as well as alliances or political leanings. we're see that disparity to a higher majority of unvaccinated who said they lean more republican. what's troubling to me is even 62% of quote independents or liberals just think there's so much misinformation out there that you can't parse truth from

lies. >> it should concern all of us. always good to have your insight. thank you. a rare bipartisan unanimous vote in the house of representatives. members voting 423-0 to pass a new bill to help strengthen cyber security for small businesses. the bill's democratic and republican cosponsors will join me. this morning i got to talk to kevin garnet, joining to talk about his life and his career and being the first player in 20 years to go straight from high school to the pros. >> what was your mindset going in the draft then? were you concerned about where you might end up, who would draft you? >> not at all. it was more thinking of where.

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right now we are following day three of testimony in the trial of the three men accused of killing 25-year-old ahmaud arbery. on the stand right now is the detective who collected evidence and took photos of one of the suspects after arbery was shot to death. ron brown, a number of police officials have taken a stand. what story is the prosecution trying to tell the jury? >> reporter: they're trying to tell the jury the defendants acted out of hatred, malice,

that they hunted him down, attacked him, tried to corner him with their vehicles and they were not trying to execute some kind of citizen's arrest or act in self-defense. those are the two tales being told by both sides. to do it, prosecutors are questioning the police officers who interrogated the defendants at the scene and back at the police station. they're using the transcripts of body camera video taken at the scene to try to find inconsistencies in their stories or examples of why the defendants did what they did. for example, one officer is being questioned about what his question and answer was like with william bryant, who's the third man who joined the pursuit, challenging this notion that they were conducting some sort of citizen's arrest in their neighborhood that was plagued by crime. here's how she questioned him. >> did he ever tell you while you're talking to him that he

was attempting to make a citizen's arrest? >> no ma'am. >> did he ever use the word arrest? >> no ma'am. >> did you use the word detained? >> no ma'am. >> did he ever say we're going to detain this guy and wait for the police to investigate? >> no ma'am. >> reporter: this is the essence of the prosecution's case. they're questioning police officers who spoke to the defendants a the scene to try and piece together their story. we expect this to continue. on the stand now is the detective who questioned the defendants at the police station, looking for inconsistencies in their stories and looking to understand what their motives were. the prosecution rejects the idea these men were out there trying to do something responsibly, trying to carry out a citizen's

arrest. they think they hunted arbery down, attacked him, cornered him with their vehicles and shot him dead out of malice and hatred. that's the essence of their case. >> thank you, sir. an overwhelming bipartisan victory on capitol hill. remember those? i'm going to talk to two lawmakers who got their bill passed without a single no vote, next. passed without a single no vote, next support, and 5g included in every plan, so you get it all. charmin ultra soft has so much cushiony softness, it's hard for your family to remember they can use less. sweet pillows of softness! this is soft! holy charmin! oh! excuse me! roll it back, everybody! sorry! charmin ultra soft is so cushiony soft, you'll want more!

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cyber crime is a serious threat to our country, to our personal safety, to the health of our economy and our national security. >> that was attorney general merrick garland on monday talking about doj action on cyber threats. the doj just charged a 22-year-old ukrainian man in connection with a ransomware attack. the department of justice says he rakes in millions of dollars in payment. he was arrested last month

trying to enter poland from ukraine. robinhood also just announced it was hit by a data breach exposing e-mails and names of 700 million users. it's a point on which congress actually seems to agree. so many policies have broad support from americans, whether immigration reform or background checks for gun owners, but a lot of them don't get a vote in the house. but on this issue, the house just passed the small business administration cyber awareness act. it requires the sba to issue a report on its cyber security capabilities and to notify congress of any cyber security breaches that puts in at risk. it passed with a unanimous vote of 423-0.

i want to bring in the two lawmakers who cosponsored a bill. jason crow of colorado and young kim of california. they lead the committee on small business. congressman crow, the story that i mentioned just a few minutes ago underscores the importance of your bill. a ukrainian man charged with caring out ransomeware attacks. >> thanks for having us on. good to join my friend ms. kim for this. this threat is real, it's substantial. last december we had an enormous cyber attack by russia against our economy, against our businesses. i referred to it as the pearl harbor of the cyber attacks. we need to wake up here.

we are not where we need to be. we're at extreme risk, national security risk, economic risk. our small businesses, which is the focus of our committee, most small businesses do not survive a cyber attack. so we have to do what's necessary. this is common sense stuff, something we can build bipartisan support around. our bill is a start to getting done what we need to get done in the next couple of years. >> i didn't realize that most small businesses don't survive a cyber attack. you noted on twitter what a big deal this is in terms of partisanship. what impact will this bill have? >> small businesses were hit hard during the covid pandemic. nearly 20,000 in my home state of california alone. we saw unprecedented number of

sba applicants in the pandemic and an increased risk of cyber vulnerabilities at the sba. we wanted to support small business openers and make sure they know they can use federal resources available to them at sba and keep their information safe. i'm glad congressman crow and i persisted together on this. the programs did a lot of good, but we unfortunately with the package, we saw sba's legacy systems could not keep up with the programs, leading to that back end crisis and data breach. this bill was intended to boost cyber security to protect american's personal information and make sure their dollars are

allocated as intended. >> congressman crow, we've seen republicans and democrats disagree on just about everything. specifically, voting rights, police reform, even the bipartisan senate infrastructure bill only got 15 republican yes votes in the house. the two of you managed to get full bipartisanship behind this, which is rare in washington. how do we get more of this? >> you know, craig, it sounds simple. you just have to do the work. we are suffering this lack of trust. we are suffering this paralysis of politics, of our government, the american people don't think government works for them because of that paralysis. there are plenty of things that are not getting done. there are things i'm fighting very hard for on voting rights and infrastructure and climate

crisis. there are many things we can get done, that we can find common ground on and we have an obligation to do both. i feel an obligation to do both, continue to work hard on larger measures but also find areas of common ground where we can build trust. really what we need right now in the house of representatives more than anything is relationships, is trust. we sit down and say where we can work together to make constituents' lives better. >> while we don't always agree on anything, we can support each other's words and colead bills like what we just did and also we recently had a hearing on

community colleges. these are areas where we found common ground. we both lead that subcommittee on innovation, entrepreneurship and developments. increasing the worker's pipeline is another area. i completely agree with what congressman crow just mentioned. when we try to find common ground, we can get things done. jason and i have co-led a number of bills. it can be done, yes. >> bipartisanship makes me smile. i want to ask you one thing.

they're reporting, quote, the gop leadership is bracing for rank and file hamas to attempt to strip committee assignments from the 13 republican lawmakers who voted for the $1 trillion bipartisan infrastructure bill, helping democrats cross the majority threshold on a key piece of president biden's legislative agenda and undermining their party strategy. have you heard anything from your colleagues about that? >> we are each representing our districts and each of our districts are very unique. i represented my district and what is important for my district. so we are together unified and we are looking forward to our meeting. >> okay. all right. i guess that's a great spot to end our conversation about bipartisanship. congresswoman young kim, thank you. congressman crow, a big thanks

to you as well. some big political news out of new hampshire this tuesday. governor sununu says he will not run for the senate against democratic incumbent. is going reelection as governor instead. makes the math a little harder for republicans who were hoping that the popular sununu could be key to their chances of taking the senate next year. now they are looking to hold their seats. mark kelly in arizona, raphael warnock and kathleen cortez masters in nevada. for the first time in nearly 100 years members of the public can visit the tomb of the unknown soldier this week and leave flowers and pay respects in a very unique way. what the soldiers who stand guard at that tomb hope people take away from their visits. >> as guards, we're out there

every day. we see a lot. we get to experience a lot. i hope that the public can take away a little bit of what we feel being able to be so chose to the unknown. able to be so ce to the unknown metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic metamucil. support your daily digestive health. and try metamucil fiber thins. a great tasting and easy way to start your day.

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i've lost count of how many asthma attacks i've had. but my nunormal with nucala? fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection-site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. this is a life look at the tomb of the unknown soldier.

this week marks 100 years since the dedication of the memorial. for the first time in history, members of the public are going to be allowed up close to lay flowers and pay their respects to those who lost their lives. we've seen people lined up, offering salutes, putting their hands over their hearts. the tomb of the unknown soldier is hallowed ground in america. the plot for behind the tomb is reserved for the sentinels to keep guard. for the special anniversary, the american public being given rare access to the site. >> the leaves are just starting to turn at arlington national cemetery, a new season beginning among the ageless marble head

stones. cindy chip first visited when she was 15. >> we came up here and we watched the change of the guard. i was so profoundly moved by that and i never forget it. >> cindy comes to arlington often. her son michael is here. >> he always wanted to be a soldier. >> michael died in iraq in 2007 and is buried in section 60 along with his comrades killed in iraq or afghanistan. nowcindy is among the more than 12,000 people who have signed up to lay flowers at the tomb today or tomorrow. >> it seems like it helps you? >> it does. i've taken mike's service and made it my service. coming to the tomb, coming to this place, it helps me because

i'm doing that service. >> near the tomb, you'll find a tree dedicated to the mothers of the unknowns. a century ago it was the anguish of mothers that helped inspire the need for a tomb dedicated to america's unidentified war dead. more than 100,000 americans were killed in world war i. in 1921 the remains of a single unidentified soldier selected to represent his comrades in the war. in 1958 unknowns from world war ii and the korean war were interred. in 1984, an unknown from the vietnam war was interred. those remains