eastern only on msnbc. "andrea mitchell reports" starts next. good day, everyone. this is "andrea mitchell reports" in washington where term are trump chief of staff and former congressman mark medos is refusing to obey a congressional subpoena. the committee has said it will vote to refer him to the justice department department for possible criminal prosecution. this as former president trump has won a day from the d.c. court of appeals, tem peril blocking today's release of documents from the national archives related to his denial of the election results and his role before and after the insurrection. president biden will be meeting with his cabinet this afternoon on how to implement the infrastructure legislation he's signing into law on monday.

senate republican leader mitch mcconnell voted for the bill but has already said he won't attend that bipartisan white house ceremony. and more news from the white house, how's this for a high-powered zoom, president biden and china's president xi will finally have that summit monday night online, not in person. a virtual person will take place just days after the united states and china's surprising ledge to work together against the extension threat of climate change. we're also tracking a troubling trend in covid cases. nearly half the country now seeing an increase over the last two weeks sparking new fears of a winter surge. but we begin here in washington with leann caldwell, peter alexander, form are u.s. attorney joyce vance and the "new york times" national politics reporter jeremy peters. leann, what are we hearing on the select committee on whether meadows or his attorney may have made a briefly appearance from all indications there was not a

virtual appearance and he is not in compliance. >> hi, andrea, that's right. we were staking out the committee room of where he was supposed to appear. we know he did not show up in person. we had been wondering if he perhaps showed up virtual live through zoom or whatever means possible over the internet and i just got confirmation that that did not happen either. so we know now that mark meadows was a no-show for the subpoena that he was supposed to come be deposed or testify at this morning before the january 6th select committee. we haven't yet heard from the select committee officially on what they're going to do next, but we do know that in a letter to mark meadows' attorney sent yesterday, ne did threaten that they would refer the case out for criminal contempt to the justice department should he not comply. we haven't gotten official notification that they are going

to move forward with that. we're waiting to see. but we do know that that was on the table if he didn't comply and we now know that meadows has not complied, andrea. >> it would be extraordinary, joyce vance, if they sent a lawyer's letter to a lawyer and said we're going to do this and they didn't do it. i would find it incomprehensible he didn't obey, he was supposed to show up, he's a former member of congress, he's violating it. there is no question there's going to be an action taken. and refer, it just puts it on merrick garland's desk. >> i think that's right. the committee has already shown they're serious about following through on enforcement. andrea, what i find interesting is we see the same issue on two different trajectories and that's whether or not a former president can exert executive privilege when the current holder of the presidency decides it's not merited.

we see this by the effort of the january 6th committee to get trump's presidential papers and also here in these efforts to get witnesses to testify. the district court in the district of columbia has already said trump can't exert executive attorney/client privilege specifically when joe biden said the unique circumstances merit turning over his presidential paper. that is in front of the dncht c. court of appeals and will likely go to the supreme court. i find it intriguing it could be resolved once and for all with a ruling on the presidential papers issue, which would then put all of these witnesses who have been reluctant and have drugged out their negotiations with committee in the position of having to testify or face consequences. >> joyce, a couple of legal points here because if the .c. court, the most powerful appeals court just below the supreme court, if that court is

definitive in its ruling and you have the district court judge having such a detailed and very definitive former presidents are not kings, presidents are not kings, if the appeals court, they're going to hear it at the end of the month, if they're definitive, is it automatically the supreme court will take the appeal or is there a scenario where the supreme court would say we're not going to get into this, we'll leave it at the appeals court level? >> that's right. it not it's not automatic. that you will throw the delay is extremely frustrating, it's a good sign that the panel in the d.c. circuit is taking time to brief the issues and will hear oral argument. the former president's legal team could decide to request en banc rehearing, that would require every single judge in

the district of columbia to hear and make a decision. we could even have another one of these shadow docket scenarios where the supreme court declines to hear the matter either without an opinion or with a short opinion. that's why it's so important for the d.c. circuit to consider the issues fully so that whether the supreme court ultimately says, no, we're going to decide this important issue of a previous president can trump the district's position. >> it puts a lot of pressure on merrick garland. what is the president saying? >> the white house has repeatedly said that was january 6th, one of the darkest days in

our democracy's history. they still feel strongly that the former president is not merited in his claim of executive privilege. they -- it's notable the delay, the amount of time that has passed since congress referred to him that criminal contempt potential charge a matter of weeks ago, now three weeks ago for steve bannon and it has not been decided whether to pursue that charge against steve bannon. so this makes the third example of an individual who has been subpoenaed who has refused to supply and it puts real pressure on the justice department, though the white house says it will not engage in that decision making department. if the justice departments did

not pursue this with 16 more subpoena due this week, steven miller saying he has no intention to comply, andrea. >> put a pin in that for a moment. i want to move on to jeremy peters for a moment and talking about donald trump. there has been political news from alaska senator lisa murkowski announcing her reelection bid, teeing up one of the most interesting primaries in 2022. back when she was fighting off the tea party, she lost her primary and won on a write-in vote where every voter had to correctly spell her name, murkowski. not that easy. so she's enormously popular. what's the road ahead for lisa murkowski, who has the whole trump machine if you will against her? >> you're exactly right, andrea. that was no small feat and

having to speg murkowski on a write-in ballot. the fact she won shows she's an enduring political brand, her father, the former governor and senator. and i think this is somewhat similar to what you're seeing happen in wyoming. and it's a real test of exactly what the republican party is this these days. with liz cheney, that is a name brand in wyoming. it's likely that if she does survive her primary challenge for voting to impeach president trump, it will be because the cheney name brand is so strong in wyoming. it's a similar test in alaska, that the murkowski brand, does it endure in the era of the trump republican party. that's something we just don't know right now but i'm very curious to see how this unfolds. >> and, peter, this more

breaking news, a blow to the white house, senator joe manchin is already announcing his opposition to their new nominee, nominated today to head the fda, former commission robert kalif, has too many ties to big pharma. >> the president had selected kalif to serve in that role. he was confirmed on a bipartisan basis 89-4 in 2016. seems likely he would be to be able get republican votes but manchin put out a statement almost simultaneously with the white house saying among other things that his significant ties to the pharmaceutical community, the pharmaceutical world were of serious concern, certainly amid

of opioid and drug addiction situation in this country, more that 1,300 taking place in his home state, approaching 100,000 nationwide. so he is a no on this, which means if this were to break down along party line, you'd need to get another republican for him to be confirmed, andrea. >> that didn't take long but it's taken a long time, all these months to even have someone in charge of the fda in the middle of a pandemic. joyce, the steps for merrick garland would be to go to a grand jury most likely and we night not necessarily know that. so that could be in play at this point. correct? on steve bannon? >> i think that's -- i think that that's correct. it seems likely to me that d.o.j. will ultimately reach the decision they support the subpoena via indictment. the only question is one of timing and preparation.

they may want to see the legal issues involved in the other matter in the dncht c. circuit go a little bit further. nobody wants delay. i think everyone is ready for a moment of accountability. d.o.j. will not feel that pressure. they will wait until the moment is right and that's when they'll make their decision. >> the last time it was against the epa straight r, rita lovelle and they did move to go ahead and they lost the case, lost the conviction. so they might want to be very careful indeed. thanks very much to all. and california congresswoman jackie spear joins me now. i want to start with your former colleague mark meadows. are you surprised by his lack of respect for the investigating committee? and how much does this hamper the chairman? >> i think that mark meadows has

evolved into a trump ally. and he has morphed into like so many others have. i believe that over a short period of time we're going to have these individuals testifying before the select committee. >> and now i want to turn to your concern about that video posted by arizona republican congressman paul gosar, depicting him killing alexandria ocasio-cortez. you barely survived a deadly attack in jonestown. i don't are to remind people about that and all the surgeries you endured and anything else and you're leading to push for a censure vote and we have yet to

hear from republican leader kevin mccarthy. >> andrea, it's so important for us to not normalize this kind of conduct and that's what's been happening. the fact that the minority leader has yet to say anything to condemn it is tacit approval. that's why it important for us to speak out about it. not only was he suggesting killing congresswoman caso cortez, but also going after the president of the united states. he suggests it was a cartoon. it's not a laughing matter. and we have censured members of congress for using unparl mentory language or for criticizing the speaker. this goes far beyond that and deserves our attention. we have got to stop normalizing this kind of behavior.

>> do ung think if challenged on this he would raise a free speech issue? the courts have ruled you can't shout "fire" in a crowded theater. >> first of all, he used house resources and put this on his official instagram account. it interesting, he's also taken it down so he recognized that he crossed the line. i don't think this, which would deem he was inappropriate in his conduct as a member of the house of representatives. that is not subject to a free speech argument under those circumstances. we're expected to act in appropriation fashion. >> are democrats going to proceed no matter what kevin mccarthy does? >> there are 60 co-sponsorsin the resolution. it will be considered.

it's important to point out that women in particular and women of color, both and congresswoman ocasio cortez have been the focus of many to attack them. 44% of parliamentarians across the world have completed a survey and said that their lives have been in jeopardy, that they are been threatened. i have had two threats myself very recently. both have gone to court. one is pending and one was a conviction. so it important that we stop this kind of violence, particularly sexual violence and

femiside, which is what some of this is all about. >> thanks very much for being with us today. and pain in the pocket. the white house plan to help slow inflation. when will families start feeling some relief? that's next. this is "andrea mitchell reports" on msnbc. a mitchell reports" on msnbc. as carla wonders if she can retire sooner, she'll revisit her plan with fidelity. and with a scenario that makes it a possibility, she'll enjoy her dream right now. that's the planning effect, from fidelity. ♪ say it's all right ♪

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although president biden will be signing that infrastructure bill into law on monday, it could take months, even years before you'll see new

bridges, faster broadband and more in your communities. but in the short term the white house is dealing with the political fallout from inflation as americans struggle to pay for groceries, gas and other essentials, including home heating this winter. jeff, how much pressure is the president feeling about addressing inflation and rising prices? how are they changing their messaging as they head to this bill signing on monday? >> i think the answer to your first question is a lot, andrea. the fact that inflation is so high and has remained so high when they were saying months ago it would be transitory and suggesting that by now it would be better puts a lot of pressure on the president, both economically and politically. the inflation numbers are having a negative impact on his poll ratings and the way his poll

ratings keep going down, if that doesn't get reversed by next year, that's going to impact his ability to have democrats' ability to hold on to the house and senate. they right now are suggesting that inflation is not going to be as big of an issue six months ago but that didn't pan out when they made that prediction last spinning. >> larry told me yesterday he thinks this is going to mean the fed is going to have to raise rates sooner than they would like to, certainly sooner than the white house would like to. does this complicate the decisions in front of the president right now about the fed chair. >> i don't think so. the president should pick the person he thinks will do the best job over the next four years but it definitely complicates the fed's job. they did not want to raise rates until the unemployment rate was at maximum employment.

right now we have a very, very hot labor market but it's not maximum employment. it's not maximum employment because people are quitting their jobs and not taking jobs, not because there aren't job openings out there, and the fed didn't want to have to raise rates until the unemployment rate was lower and now they're probably going to have to and they should. >> do you have any window into what happened? janet yellen has been praising jay power for the way he's handled the pandemic, the recovery. but, you know, there's that one strong voice against him certainly, elizabeth warren, who is so strongly opposed. >> i don't know what they're going to do. jay powell and brainard will be excellent, very experienced and qualified but both would have to make a shift from the policies they've enunciated over the past

couple of months because reality is turning out differently than they've expected. >> it's clearly a global problem, look at the prices in europe. that's not going to help the president politically to say this is a global problem. the president didn't get any good response from opec when he was trying to get them to increase production to lower the costs. >> to pick up on the point about the fed, the real conundrum for the fed is there actually isn't a lot the fed can do to stop consumer price inflation. supply chain and the other is in the energy price jump, which has been really quite dramatic. in terms of what the white house can do, they've been having intensive meetings in recent days, i'm told, to look at things like releasing some of

the stockpile that american has, about $600 billion under the ground. they could stop exports, potentially change some of the biofuel rules but the reality is none of those routes are easy so at the moment the white house seems fine to sit price. i'm hoping according to some projections next year we'll have more of a situation that will bring down the energy prices but, by golly, is it going to be tough in the coming months to watch these prices going up. although the unemployment rate has been coming down, you've got a lot of job openings right now, the polls suggest that americans feel very gloomy about the economic outlook, which is quite remarkable and that really does stem from the inflation problem that the white house and the fed are facing right now. >> and as you point out, in terms of the labor market, there' service industries,

restaurants and the like, they can't find workers. so, you know, you've got -- >> you've got incredibly high job opening numbers and lots of resignations. that's adding to the problem in a way because the fact that people feel so confident of finding other jobs is pushing up wages, which is just adding to the inflation headache. >> politically it's a perfect storm as we approach the mid terms. thank you so much. jason and jeff and jillian. and a fifth wave of covid cases is back on the rise. can it be stopped? the rise. can it be stopped? (man 2) definitely higher. (man 1) we're like yodeling high. [yodeling] yo-de-le-he... (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm.

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if you're on medicare, learn more at dexcom.com. the fear from health officials of a fall and winter surge in coronavirus cases is quickly becoming a reality. right now there are 24 states experiencing some increase in covid cases over a two-week period with icus from california to new york beginning to feel the pressure from a new influx of patience. joining me now, senior scholar at the johns hopkins center for health security. you were writing due to the rapid spread of this virus globally, the goal should be to tame it, to prevent the surge of hospitalizations that inevitably leads to more deaths. in other words, you are want it to become an endemic, not a pandemic. are we taking the necessary

steps to make that happen? >> the best steps to do that is to remove its ability to cause serious illness, hospitalization and death and that's achieved through vaccination. what we see in states like colorado that are experiencing stress is there's still not enough people that have gotten vaccinated. the best way is to get more immunity in the population and the safest, easiest way do that is to get more vaccine into individuals. not enough of the high-risk people are fully vaccinated. >> should be the focus be getting vaccinations or getting boosters? >> the absolute first is getting first and second doses. the third doses are not going to change the trajectory of the pandemic.

when we really have to remember is that first and second doses are what are going to get us out of this problem with hospitals worrying about icu capacity. >> and so you would, i assume, argue that having the pfizer booster for people from 18 to 64 is much less important than getting people vaccinated in the first place. >> exactly. because we know that when you look at the ability of the pfizer vaccine or the moderna vaccine or any of them to protect against serious illness, hospitalization and death. in the high risk, and elderly population, they need boosters. from the generally healthy population, i don't think it's a good use of the vaccine and i don't think we should be chasing mild illness with boosters in healthy people. we need to focus on who is getting hospitalized and remove the ability of the virus to

crush hospitals. >> how big a factor is it to try to vaccinate children, the younger children 5 to 11? we're going to be talking about that in a few moments with valerie jarrett. >> i think it's important because there are children that are at high risk that can get severe disease and they got to get protected. it's also the fact that this is a safe and effective vaccine. if you can avoid your child getting covid-19 and all the disruptions, with not take advantage of this vaccine that's been tested, that's been tried and that really works in general. and the more immunity in the population, the harder it is for the virus to spread. i think it's good do, parents should take advantage, i recommend they do that but the focus to me is always going to be hospital capacity and that's where the adults that are not vaccinated are the main priority in the terms of turning the tide in the pandemic. >> as always, thank you so much and have a great weekend. a healthy weekend. >> and the conservative court. how the shift in high deology on

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that's decision tech. only from fidelity. abortion and guns, the two hot topic issues dominating the supreme court this term. donald trump's appointments giving them a solid conservative majority. linda greenhouse has written about the supreme court for decades for "the new york times." her new book "just on the brink." linda, it's great to see you. congratulations on your book. i'm going to talk about that in just a moment about the book and all these big issues but also the issue that's now likely to come before the court in some fashion, whether they take it or not is another issue. the d.c. circuit has taken for

argument whether a former president can take critical review of the january 6th evaluation. what do you think is going to happen? >> it's a panel that's very likely to affirm the opinion that he has no claim of privilege over these documents and, you know, maybe he'll try to take had higher but i think the house committee is on very solid ground. >> if this three-judge panel rules against him, he could ask for a court en banc? >> he could ask but i think the court en banc would not rule in his favor. a term ago when the court was dealing with the effort by the manhattan district attorney to get the tax records and so on and president trump did not come out very well. so i wouldn't hold out a lot of

hope in i were he. >> let's talk about abortion and the fact they even took the mississippi case on december 1st. there's been so much focus on texas, but the mississippi case is really the guts of roe v. wade, the fact they let texas stand, that doesn't bode well in how they took the mississippi kate. >> well, that's right. in the book i spend quite a lot of time talking about whatever -- what must have been a heated internal struggle at the court over what to do with mississippi's appeal. so mississippi seeks to ban abortion after 15 weeks of pregnancy, something that's flatly unconstitutional under current law. so the only reason that this new court with three trump justices would have even taken mississippi's appeal was because they have some issue with current law or some change they want to make and we're going to

find out how drastic that change is going to be. >> and i should have said does not bode well, the implication there, is for the people who believe that roe v. wade was decided and whatever you think about the philosophical or legal justification for using privacy as the justification for it, that it is, you know, precedent and up until now at least precedent has mattered. >> yeah, we had the right to abortion as a constitutional matter for almost half a century. and every court that's encountered a law like mississippi's law has of course had to declare it unconstitutional because under current law a woman has an absolute right to terminate a pregnancy before fetal viability, which is way later than 16 weeks and way later than six weeks in texas. that's the issue. is the court going to stand by

its precedent or is it not? >> and there are so many other issues. the end of the last term, voting rights, a setback for those believing that the voting rights act has already been gutted in 2013 but, you know, more action against it from the supreme court, affirmative action is another thing you think could be at stake with this court? >> oh, yeah, that's a big, looming issue. the challenge to harvard's admission policy reached the court and the court basically kicked that can down the road by asking the biden administration to give the court its opinion. that was just a way to kind of not have affirmative action on the docket at the same time as abortion and second amendment i think. a new petition has just come in concerning admission practices

at the university of north carolina. so there's kind of a moment of truth coming when the court, which previous court had narrowly upheld at the university as my book demonstrates, it's a new court. i'd be surprised if they didn't somehow find a way into that issue. >> linda greenhouse, it's just a fascinating read. it's wonderful to have you. i hope you'll come back soon and often to talk about the court panel as these cases evolve. thank you so much. >> okay. >> and vaccinating america's children. ahead, valerie jarrett in the effort to overcome resistance on some communities. this is "andrea mitchell reports" on msnbc. reports" on msnbc. ♪ now listen to the beat ♪

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good afternoon. >> you've got 28 million american children eligible to be vaccinated and you're trying to make sure children of color in particular get that shot. what are the challenges you're facing? >> absolutely. well, first of all, nothing is more important from the parent's perspective than the health of our children. we want do everything we can to keep them safe. there's been a lot of misinformation before. so part of our goal is to reach out across a broad network of organizations across our country, meet people where they are, give parents the information that they need that will convince them that it is safe for their child to get vaccinated, encourage them to talk to their pediatrician and health care providers and build this network of support that moves the needle forward, with no pun intended. we and be safe and the best way to do that and ensure they don't come home, contract the illness

and give it to another person they're living with is to get them vaccinated. it is such good news, andrea, that we now have a vaccine that works for children 5 and up. how can we get those shots in the arm? everybody can be a trusted messenger. talk to the people in your community, talk to the people within your own family and let's get our children vaccinated, so this can be who fall through the cracks children from families who, frankly, don't have a preed trigs, for whom. e.r. is the only place they can go? >> often times that is a primary care physician. the good news is we have pharmacists all across our country who have vaccines now in hand. you don't have to just go to your pediatrician. you can go to vaccine.gov and find out where is the information that i need that would make me comfortable that this shot is going to improve

the health outcome for my child? every parent has to make that decision. what i'm asking is to be informed. follow the. it is absolutely natural for us to be nervous about of vaccines children have. right now before we've vn -- even have the covid. the same people who said those vaccines are safe are putting their stamp of approval on this vaccine. follow the science. please don't listen to the misinformation. let it guide you, and know that it's accessible and we've been encouraging those dispensing the vaccines to make sure they're reaching communities that don't traditionally have access to health care. that's where the local pharmacists come in handy. >> this week the first lady went to a model school in fair fax, virginia. she gave a great speech as a teacher, a mom, a grandmother, just about how much, how

important it is to parents to keep their children safe and how important the vaccine is. and i almost wish i could say you know, just package that speech, take the first lady and go to every intercity school in this city and in baltimore and other neighborhoods of color. >> she's a wonderful messenger. we have messengers in our community. every -- all throughout our community who can deliver the powerful message. sometimes it doesn't have to be the first lady. it can be an aunt or teacher in the local school who can make all the difference for persuasion one family at a time. that's what we have to do here. >> and also the pastors. sunday morning is a very important time. we know that just from politics. >> and there are pastors all across our country opening the doors. i'm on the board of walgreens boost alliance. we went to a church on the west side of chicago when the

vaccines were first available. the pastor invited everyone from his church to come and get inoculated pharmacists who live in that community. the church was full of people who came in. everybody can be a messenger. >> a shoutout to d.c. schools. they have been doing mobile clinics, and for my friends, it's great. they give books to the kids after the shots. they have clowns and all kinds of people dressed up. they had a doctor on a unicycle. so d.c. schools are doing it in the neighborhoods. way to go. >> all across our country. that's what's possible. >> all right. it's great great to see you. thanks very much. >> good to see you. and china rising. a look at a chinese military base where you would least expect it. this is "andrea mitchell reports" on msnbc. s" on msnbc.

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the white house announcing this hour that president biden and china's president xi will meet virtually monday. as the chinese president solidified his rule, allowing him to join ranks. meanwhile china continues the military aggression in the south china sea and toward taiwan prompting talks of a new cold car. keir simmons traveled to a u.s. air base in a small country.

six miles from the base china has the only overseas military installation. >> the chinese base is right here. they're going to be watching us as we're watching them. this is a fort, really. it's a kind of chinese fort. time to turn around. i think that's as close as we really want to get. >> nbc news senior international correspondent keir simmons joins us. keir, i'm glad you didn't go any closer. you saw china's military base up close and personal. and also, their economic footprint. >> reporter: that's right, andrea. as you drive around jabuti, you see chinese flags, the bank of china. none of this is a surprise to people who know modern china. china is open about it when it contributes to u.n. peace

keeping. it's often in regions of africa where it has economic interest. the question is whether america is paying close enough attention to both the economic advance china is getting in africa and the strategic advantages of a continent that faces the atlantic and indian ocean. listen to the most senior officer make that case powerfully here. >> i would wish that more americans would understand what is happening here on this continent. if you look at china's growth, continued economic growth, they have an enduring interest in africa. i think americans broadly should ask ourselves why is that? why is it important? why is it important to russia? >> reporter: now, the base that we saw just six miles from this strategically crucial u.s. base, andrea, well, the department of

defense warned in a briefing paper to congress just last week that it would be the first of many that china is looking at bases around the world. we reached out to the chinese embassy in washington. they gave us a statement to put their side, if you like, they say the completion and commissioning of the base here in jabuti will help china better fulfill the international obligations of the united nations. the statement goes on, and they end that statement saying we urge the u.s. to stop slandering and smearing china. so clearly, there is tension. we have seen it here, andrea, but i think a crucial insight, it's not clear on the ground here right now where are china will cooperate with the u.s. and the partners here in this region. find some kind of way to live together, if you like, to what extent the u.s. and china will be in competition with each other, and, of course, the answer to that question will write history. >> indeed, keir. great reporting, and by the way,

they're all over latin america in this hemisphere, their economic footprint. and that does it for this edition of "andrea mitchell reports". follow us online and on facebook and twitter. kristen welker is in for chuck todd right now. if it's friday, new roadblocks for the congressional committee investigating the january 6th lt insurrection. there will be no new testimony today and no new documents delivered as audio shows president trump defending the actions of the rioters once again. plus it's deadline deal at the u.n. summit after weeks after negotiations, the sweeping agreement that scientists say is needed to control the climate crisis may be out of reach. and rising covid cases across the country including in california. one of the most vaccinated states. we'll talk to the head of los angeles