tonight. and the before you go i want you to know that when i leave here, our friend jimmy is going to be giving me a ride home tonight. you know who is going to get the last word in the car on the way home. >> i want to tell you how much that i appreciate you. i just am really proud of you. >> cher, thank you very much. we really appreciate you watching. we really appreciate you joining. thank you very much. cher gets tonight's last word. let that happen again, please. 11th hour starts now. >> good evening once again. day 350 of the biden administration. tonight, the house committee investigating the capitol insurrection is now seeking information from fox news primetime host sean hannity.

the panel sent hannity a letter asking for his voluntary cooperation, saying that it has information that he had advanced knowledge regarding president trump's and his legal team's planning for january 6th. and that hannity had relevant communications when the riot was underway and in the days thereafter. the committee described hannity as a fact witness and adds it is in possession of dozens of text messages that he sent to and received from the former white house chief of staff mark meadows and others. liz cheney read out loud one of the texts sent from hannity to mark meadows during the riot. >> according to the record multiple fox news hosts knew the president needed to act immediately. they texted mr. meadows. he turned over the texts.

can he make a statement, ask people to leave the capitol sean hannity urged. >> the committee's letter to hannity cites another text from december in which hannity is referring to trump. we can't lose the entire white house counsels office. i do not see january 6th happening the way he is being told. after january 6th he should announce he will lead the nationwide effort to reform voting integrity. when he speaks, people will listen. and then on the night before the insurrection, the committee says that hannity said a stream of texts including one that read i am very worried about the next 48 hours. the committee said he texted mark meadows, pence pressure. white house counsel will leave.

it appears he had a conversation with donald trump. hannity wrote mark meadows and jim jordan saying guys, we have a clear path to land the plane in nine days. he can't mention the election again, ever. i did not have a good call with him today and worse, i am not sure what is left to do or say and i don't like not knowing if it is truly understood. the members of the january 6th panel want to speak with mike pence who did certify the results of the election despite the intense pressure campaign from trump and his allies to stop the process. >> there were people that had

gallows directed on the lawn of the capitol to hang the vice president. i would hope he would do the right thing and come forward and talk to the committee. we would like to know what his security detail told him was going on. i think that it is important that the public needs to know. this was the number two person in government. >> now the select committee tells msnbc they have not formally asked mike pence for an interview but if offered it would be accepted. mark short has already begun engaging with the panel.

tomorrow merrick garland is expected to give a press conference about the criminal investigation. more than 150 people so far pleaded guilty and dozens sentenced, mostly for misdemeanor crimes but an arizona congressman said the doj and garland haven't done enough. >> i think merrick garland has been extremely weak. i think there should be a lot more of the organizers of january 6 that should be arrested by now. you have an attorney general who hasn't been effective in preserving our democracy. >> the united states reached an

alarming milestone in the pandemic. it could reflect delayed reporting. testing is in short supply. the white house said it is working onseting ups it plan to sdlbt 500 million free at home tests. >> i know this remains frustrating. but we are making improvements. in the last two weeks we set up federal testing sites all around the country and we are adding more each and every day. find the nearest site where you can get a test. >> we have got a doctor standing by to take our questions later in the hour. with that let's bring in our

leadoff guests, ashley parker with the "washington post." eugene daniels. and former united states attorney joyce vance who spent 25 years as a federal prosecutor. let's start with you and the texts. some the committee has and others they are asking for. i will say from reading sean hannity's side of the text, looks like he might have been the adult in the room indicating this is what he thought would happen on january 6 did not look like the right plan. >> these text messages and emails illustrate as a prosecutor and investigator if you do not go looking for

evidence you are not going to find it and sometimes when you go looking you find things that do surprise you. this shows just how serious they were. there is perhaps a heightened level of awareness that the big lie was just that. the big lie. finding proof to illustrate the point is critical. not just for congress' work and telling the american people the story of what happened. >> on our air the committee member schiff described hannity as more than just a fox host. what do the texts tell you about

the relationship? seemed like there were direct conversations. phone conversations. we know from liz cheney that ivanka trump was trying to intervene. >> we learned the hosts were not objective journalists and they were more than primetime hosts, unofficial advisors in former president trump's orbit. this would frustrate people and several chiefs of staff in the white house at the time that former president trump was as likely to take legal advice, policy advice, political advice

from sean hannityoir laura ingraham as he was his policy counsel and national security team and top political advisor or chief of staff. this is how the trump white house operated for those of us that covered it and the texts show in detail the specifics of some of the conversations and how close former trump was to some of the fox news personalities. >> eugene daniels, the white house has kept away from the proceedings of the january 6th commission and what the justice department is doing with the people charged in connection with january 6. these revelations make it hotter. what does the white house do about it? >> at this point i think they continue to do what they are doing. trying to stay out of it. they don't want to make it seymour able to be seem as putting their finger on the

scale. they know if they do anything the republicans will hang on to that to say president biden did something here. i think they are obviously talking about it a lot and they are thinking about it all of the time. you know, this was an election in which they won. you know, more importantly to the white house they talked about it as something that is to democracy. they don't want to be like the last democratic president. presidency in this country's history. think about it and part of that larger context. they are go to stay out of it. hopefully let that play out. and also i think we are going to see president biden and the white house start to tie threads together from january 6th to

other things like voting rights. president biden on january 6th making a statement and doing a speech. typeset is possible he will do it there. i have been told that is something they are looking to do. making it clear that the push for federal voting rights legislation in the country is something they need to do because of january 6th. they are using it as a perfect example why you need to fix the other issues we have in this country and i think that is where they are going to stay at this point. >> hannity did not talk about it on the show. that is interesting. he does not generally shy away from a topic. any reason for him not to cooperate? the committee said they don't care about his show or political opinions but want to know who knew what and when they knew it. >> it is hard to draw the line.

there are legitimate concerns. in this situation i think the distinction is less hannity is a fact witness and more he was wearing two hats. he was on television. whether that is as a newscaster or talk show host. he had weighed in that he wasn't a reporter as a talk show guy. there is a second hat congress is focusing on here. that is his role as an advisor to the president of the united states. hard to characterize it as anything else. informal role from outside of the white house. he is not entitled to any form of executive privilege but it is clear that hannity is giving advice to the president of the united states and congress wants to know more about the relationship and those communications. >> i do want to ask you about this. joyce brings out the fears and

concerns about trampling on first amendment stuff. hannity has got friends and enemies. how do you think about this, going to a media personality and determining what role they might have had in a political activity? >> i think that is what hannity's lawyer is arguing. that it would be a violation or first amendment rights issue. i think the challenge with former president trump, we were discussing that he so did blur the lines. certainly not an expert and i can't render my opinion on that. you know, former president trump is as likely to have his son's wife bring in her sorority

sisters to the oval advice and take their advice over a general. you see the blurring of the lines and the potential legal complications thereof. >> eugene. bloomberg is reporting the january 6th committee is planning on holding hearings in primetime. there is an effort by the committee and chuck schumer to make americans this thing we think happened a year ago is on going and there are forces in the republican party trying to under mine the election and a very large portion of americans that doubt the legitimacy of joe biden as president. do you think that is a good strategy? >> i don't know if it is a good or bad strategy. they want to make sure people do

not forget about what happened on january 6th. you talk to every day americans about the day. many have moved on. from the very first hearing they did have, you know, starting with the officers that were hurt that day. emotional testimony to remind people of how bad it was. the idea of putting it in primetime, making sure if people are home to see these things and hear it straight from the horse's mouths what happened that day and most importantly why it is important to do their work and try to make sure that something like this does not happen again. that is at the core of what the committee is working on.

that people know what happened. if they have ideas about it, knowing there could be consequences. whether they are legal, a different thing than the committee is doing or political. at this point in the republican party there is almost no political ramifications for spouting the big lie, all of those things. this is an attempt at the committee to do something about that. >> ashley parker, a lot of americans were relieved to hear that donald trump won't be holding an event on january 6th. what happened to cancel this news conference? >> it is worth noting that some of those relieved americans include republican lawmakers and americans. he didn't have a clear message. he wanted to drive.

he wanted to reframe as he has been doing all year and basically whitewash the events of january 6. try to highlight his false claims of election fwraud. he was going to try to turn it into a spectacle and circus which would have been inappropriate on such a somber day and the president caved to the criticism. said he will bring out all of his grievances at an upcoming rally in arizona in the middle of the month. one other thing i can say, some of the advisors were taken aback by how many members of the media said they were not going to go and there was a sense it was growing out of control in a way that would not benefit the former president and gave into that and cancelled. >> thank you to the three of you

this evening. we appreciate you helping us to kickoff tonight's 11th hour. this time last year only a handful of people knew what was coming on january 6th. why one senator is calling out senators for dancing on the edge of overturning democracy. and later, one of the nation's leading pediatricians is hear to talk about skyrocketing covid cases and the strain the latest surge is putting on hospitals and schools around the country. and schools around the country ♪ ♪ ♪ ♪ with chase security features, guidance and convenience,

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for the foster kids who need it most— at helpfosterchildren.com the attack on january 6th was not a one off. it didn't materialize out of the blue. on the contrary. january 6th was a symptom of a much broader illness that has

now infected the modern republican party, an effort to delegitimatize the elections rooted in donald trump's big lie. democrats are taking their efforts to the senate floor. a hawaiian senator is calling out two of his republican colleagues by name for their efforts to delegitimatize the elections. >> it is supposed to be the functional equivalent where it is a swearing in. but senators hawley and cruz and others with unlimited ambitions, big brains and supposed expertise in the constitution were dancing on the edge of overturning democracy itself.

>> michael steele, good evening to both of you. thank you for being with us and good to see you, friends. david, let's talk about this. there is a split focus in the senate right now. we are -- chuck schumer is talking about holding a vote by martin luther king day on changing the rules of the senate, eliminating the filibuster. there are a number of democrats talking about bringing back build back all right and getting it done. where should the focus be? >> there is no reason they both can't get done. the energy right now because of all of the attention around january 6th. the loose deadline with mlk day. that seems to be next. it is essential. you know, if there is not a way to carve out the filibuster and the manchins and other democrats

and there are other democratic senators who professed some concern they can stand up in front of the microphone saying i did not want to do this. but if we don't act in the senate we are going to have another insurrection and coup. get that done, and i think they are likely to be to be able to pass a build back better bill. it is an election year. washington, from a legislative standpoint will not be supremely busy. you have got plenty of opportunity over the next 60 to 90 days to get it done.

the most important thing is to make sure that half the republican state legislature rs can't decide no matter what voters do, they are going to decide who wins the election. mitch mcconnell said he didn't think they would do that. look around. all around the country they are preparing to be successful this time. >> let's talk about that. mitch mcconnell told reporters we anticipate based on what chuck schumer said he will try to break the senate making a marrow exception. many people haven't given it much thought but we came up with a few. how do you think about it? >> they made an exception when they raised the debt ceiling.

they just did that a few weeks ago. you know, this is such a joke. mcconnell has jokes in the beginning of the new year. breaking the senate. the senate has been broke for some time. not because of the filibuster. nobody wants to govern. nobody wants to legislate. everyone wants to do politics, 24/7. gotch. raise money. stir up the base and do nothing again. it is not build back better. it is the infrastructure. it is the damn vote. you say for everything important to the under pinnings of this

democracy that we are going to do this, do it. you will have the american people behind you. don't worry about the crazy guy in the corner screaming and talking to himself. focus on what the american people need right now in front of them to be done. once you do that thing the other pieces will begin to fall in place. to david's point the calendar. the clock. the politics all will dictate what happens after that. trust me, the democrats will be in a better position to create the narratives to engage in a fight they can have a chance at winning than where they are right now. >> this is an important point. when we come back we will talk about how understanding and getting to the bottom of what happened almost a year ago on january 6 affects what is going to happen in the midterm elections and in 2024 when the

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>> we have a coalition we formed on may 1. a coalition of america first, the secretary of state candidates around the country. getting the word out. the people are excited that there is somebody doing something behind the scenes to

try to fix 2020 like president trump said. michael steele. david, that was the secretary of state candidate in nevada talking to steve bannon. sounds like a great idea. a coalition of america first secretary of state from a naming and branding perspective it sounds perfect. he is talking about secretary of state who are running on a platform to finish the job he said donald trump didn't do. >> yeah. they do not really hide it at all. i guess that is a better name. back to the prior discussion.

republicans who are opposing what is happening at the state level. most elected republicans are passing laws in the states to make it harder for people to vote and take away the responsibility for who wins elections to state legislatures and putting forth people like the clown you just showed who are running not to process elections but to basically be the troops on the ground in the states supporting an effort that will overturn the next election if the republicans don't win. the republicans are active everywhere. they are getting ready. you know heads i win, tails you lose. they win in 24 or if they don't they are preparing never to see power. that is what it is about. if they are able to successfully

prosecute a coup. the democrats in congress need to act with the same urgency. if the protection of the democracy doesn't happen in washington, there is nothing more demote vating than saying democracy is at risk. they have to get this done. >> there were secretaries of state that were the last line of

defense. more importantly some democrats were talking about what david was talking about who don't think democracy is at stake. they go to the polls as normal in november of this year. and at some point they might have contributed to the demise of democracy by electing republicansike this who will finish the job. >> what the hell happened on january 6? what did you see? how did you look at it. were you cheering it on in the living room or damn concerned about the direction the country was potentially heading. a sitting president of the united states trying to overthrow the government because he, in his arrogance for power, wanted to stay in power. and for elected officials,

especially elected presences to sit there and do a golf clab about it, what the hell do you think happens for americans that don't understand and internalize what they saw. this is the most stressful part of it, trying to get people to appreciate just how dangerously close that we are. this is not hyperbole, people. he said he wants to finish the work of donald trump from 2020. what the hell do you think that means? >> yeah. he is saying the quiet parts completely out loud. hopefully people are coming to the conclusion democracy itself

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maryland hit a record high of 3,057 covid hospitalizations which is an increase of more than 500% in the last seven weeks, which is now overwhelming normal operations at hospitals. the truth is that the next four to six weeks will be the most challenging time of the entire pandemic. maryland's governor, larry hogan declaring a 30-day state of emergency to combat a increase of covid infection.

the current increase is straining hospital systems. the "washington post" reports tonight more than 112,000 americans were hospitalized with covid-19, the highest level since last year's punishing winter wave. the current figure referenced a roughly 25% increase in hospitalizations over last week's levels. back with us is the founding director of columbia's national center for disaster preparedness and he advises us on public health. doctor, good to see you. we have known each other for a long time. i am a man of numbers. right now the numbers speak for themselves. people are getting milder versions of the virus but not that worried about it and we have a million new cases in the last 24 hours telling you even if a small number of the people are hospitalized we are putting pressure on the medical system we can't have.

>> it is not such a small number. it is large enough many hospitals are already overwhelmed and the prospects for the next few weeks are not good. we are going to just see a rise in the omicron version, more delta around as well. we are far from done with the current surge, ali. >> what do we do about it? what is the real practical application of straining the health care system this way. on a personal level, if one needs some type of emergency treatment and shows up at a hospital and gets into an ambulance but the icu beds are taken up by people suffering from covid, that will affect us. >> yeah. right. i visited a hospital in new york city last week. here is what we found. one full floor of covid patients, mostly people that were unvaxed. some were vaxed. the icu floor had covid

patients. every one of them unvaxed. emergency room was filled up. the point you are making couldn't be more important, if you have chest pain. if you are in a car accident. if you need urgent emergency care and you are crowded out by people there because they have not been vaccinated, that is so unacceptable and difficult for the health care system to accommodate. we have to get more people vaccinated. that has been true since the beginning of this. we have to make sure people that are not sick are not going to the hospital if at all hospital. >> irwin, you know a doctor has said he is not surprised by the fact there is an anti-vaccine movement in the united states. he was really surprised at the intersection of vaccine hesitancy and politics.

you tweeted the same thing on monday, january 1. you said i am focussed on controlling the pandemic and keeping us healthy but deeply concerned about the 1/6 insurrection and where our country is going. you are worried about the two things being threats to the way we live. >> yeah. first of all, we are seeing simultaneously extraordinary pair of crises. one of which is the pandemic. the other one, very threatening to america ands it democracy is what happened on january 6th and what was behind it. here we are trying to balance some sense of what to do about two huge crises. we have never seen it before in american history, the intrusion of politics, partisan politics, crazy politics from the likes of

governors abbott, et cetera, that used political perspectives to deflect people from doing the one thing that we know works, which is to get vaccinated and tested and to wear masks in indoor spaces. in a certain sense it is beyond science and public health experts and is in the domain of communicators and media. we all need to do a much better job of explaining to people what is at stake. listening to governor desantis, you want to pull your hair out. >> still arguing masking is not necessary. you are a pediatrician and expert on crises and how it affects kids. we are back in a place where we are not sure if kids should go to school or stay home. parents, still part of the issue why people are not back at work yet. parents don't know what they are supposed to do with their kids.

you are an expert. >> say the first premise is that every child in america needs to go to school every day in person. let's start with that. what would keep a child there going to school? if a child tests positive they will need to go out of school for a few days. we no longer think of shutting down a school or classroom. test and stay. if the child is exposed to someone tested positives your child can be tested. if he or she is negative, they need to stay in school. in other words all policies which are quite a patchwork among cities and school districts, policies must be directed to keeping children in the classroom for the reasons you are talking about. and also for the reasons that children need to be educated. many can't or won't be educated remotely. they need to be in the seats in the class ali. >> always good to see you and

great to talk to you. i hope for a day we can talk as frequently as we do but not about this. coming up, we are going to hear from some of the travellers who were stranded overnight in stand still traffic on i-95 in virginia when the 11th hour continues. virginia when the 11th hour continues. one of my favorite supplements is qunol turmeric. turmeric helps with healthy joints and inflammation support.

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pepper. >> senator tim kaine returning to the capitol as he along with thousands of drivers were stuck overnight in stand still traffic. no, rain and sleet were falling and traffic was moving along on i-95 until several tractor trailers jackknifed. the interstate reopened tonight. our report from tom costello in virginia. >> an epic traffic disaster in virginia. thousands of cars brought to a stand still. overwhelming road crews and trapping thousands of people. the elderly, kids and mets in their cars. it started last night. by morning and through most of

the day they barely budged. nbc washington's news chopper. >> some folks stuck in vehicles overnight with little food or water. >> the affected highway, a 50-mile stretch from caroline county, virginia to dumfries. even the side roads are clogged. >> among the thousands trapped for 20 hours or longer the savon family driving from boston to florida. the kids, asleep in the back seat. >> we got here 9:00 last night. we have not moved. that is kind of how it has been. >> also stuck for 26 hours senator tim kaine. >> there are families with kids, people with medical issues. people are running out of gas.

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which can lead to dehydration and may worsen kidney problems. ask your doctor about once-weekly trulicity. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache.

if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. >> i was a cool high-tech guy when i got there and the first president to have a blackberry. years passed. nobody else has blackberry. i still got the clip on the belt. >> last thing before we go, former president obama sure loved his blackberry and used it on the campaign trail in 2008 and he won a hard-fought battle to bring it with him to the white house. from celebrities to ceos, anyone that was anyone had a blackberry. there were 80 million users at the peak in 2012. texting and emails were so convenient people had a hard time putting their blackberries

down earning the nickname crackberry. the founders of the revolutionary device were dismissive of the iphone and said users would not abandon the hard keys in favor of a keyboardless touchscreen. they were wrong, very long. blackberry discontinued service fors it classic devices. the "washington post" explained devices running on blackberry's legacy operating systems and software will no longer reliably function. the company which pivoted to enterprise software and cyber security reminded users in late december old devices won't be able to send a text message or 9-1-1 placing them in the realm of the arcane in the realm of floppy disks and rotary phones. i remain a loyal blackberry user and i enjoy using the keyboard

and famously proud of the company because they come from canada, just like me. if your blackberry runs on android software you can still use it. but today rest in peace to the once again, we are having a weird one in terms of a news night. tonight, the january six investigation has written to a cable news holes to ask him to preserve his communications related to the january 6th attack on the capital including his communications with former president trump and others at the trump white house. they are asking him to come in for a transcribed interview.