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requirements inside or in schools. but the cdc director today says they're not there yet, so who should you be listening to? more on that plus right now at the pentagon. you're looking at it live. leaders giving an update on the crisis with ukraine and russia with our new reporting this hour on potential sanctions against the kremlin and why those senate talks freezing up. nbc news catching up with kevin mccarthy. what he's saying about the gop description of the deadly insurrection as political discourse and this afternoon how liz cheney is now responding. plus live this hour set to begin any minute the nfl commissioner facing what we fully expect tough questions about racial discrimination and harassment in the league just a few days before the super bowl and a few days after that explosive lawsuit filed by the former dolphins coach brian flores. we'll hit the highlights when that starts. i'm hallie jackson as we're juggling a lot emily is in new york, shannon is outside the white house and we're also joined by dr. patel msnbc

medical contributor. emily, i want to start with you because you've heard from three different northeast state governors in the last few hours announcing the end of certain mask mandates. this is a little bit of what that looked and sounded like. watch. >> given the declining cases and declining hospitalizations, that is why we feel comfortable to lift this in effect tomorrow. >> it's time to give our kids a sense of normalcy and lift the mask mandate on a state-wide basis for schools. >> with the numbers continue to drop and the second highest vaccination rate in the country, we can safely make this shift. >> emily, talk to us about the reaction from what we heard specifically where you are in new york from the governor there today? >> hey, hallie. for background for the past two months new yorkers had to put a face covering on or show proof

of vaccination to enter into businesses. that mandate is going to be lifted and the governor pointed to a number of things in justifying that. among them, the downward trend of hospitalizations and also covid-19 cases. she said she pointed out last month in mid january we saw the testing positivity rate nearing 25%. today it's less than 4. so, a significant downward trend. a lot of positive improvement. local leaders can implement stricter measures if need be. new york city does not appear to be doing so. the mayor's office saying we encourage all new yorkers to continue wearing high-quality masks when indoors or in crowded spaces and to get vaccinated and boosted to stop the spread. in talking to people on the ground here, we're hearing really a mixed bag of reaction. some people telling peep they're taking their cues from the cdc. they'll keep wearing masks regardless of what the status of the mandates are and that they're just not comfortable to take them off yet. other people say they're pointing to the numbers and say we feel comfortable with the

downward trend when we're eager for some sense of normalcy. you'll see in nearby states they're rolling back mask mandates within schools. in new york, that is not the case yet. the governor will reevaluate and reconsider whether she will roll back those requirements there at the end of the month or around the next month time period. but for now, students will still have to wear them within the classrooms. hallie. >> thank you. you're looking at the local headlines around the country, especially in the northeast where california and oregon announcing lifting mask mandates and shannon, you have the cdc saying it will not make changes to its guidance at this point area of high transmissibility and people should wear masks indoors and in public. >> right. we're not hearing any big pronouncement, at least as of now like we heard from the cdc back in the spring where they told people they were safe to go around without their masks essentially. few things going on here, though, that administration officials are noting.

one is that each state is kind of in a different phase of this wave. new york was hit early on so its cases have dropped down a lot further, a lot faster than some other places that were a bit later in this omicron wave and they haven't gone all the way down. they say variations state by state and local level by local level depending on what the cases are. the cdc is maintaining that people should continue to wear masks in areas with highest substantial transmission. at this point the overwhelming majority of the country. very few places are in that low level where that cdc recommends it. for school children, the cdc is still saying kids should keep their masks on as their guidance regardless of what is happening in the level of transmission. so, here's a little bit more of what the cdc had to say in justifying why they're holding on to those guidance. >> we're working on that guidance. we're working on, you know, following the trends for the moment. what i will say, though, is our hospitalizations are still high.

our death rates are still high. so as we work towards that and as we are encouraged by the current trends, we are not there yet. >> and so that can provide a little bit of mixed signals to people out there, like you were just hearing from new york city. who do you listen to the cdc or your local governor. and at the same time for public health officials it can make it a little more tricky for them to recommend, for example, lifting a mask mandate in schools or in their community if the cdc is saying something else. >> shannon outside the white house for us. thank you very much. dr. patel, who should you be listening to and more about the science and the numbers or the political pressure that people are sick of wearing masks or both a little bit? >> oh, hallie, no question that governor after governor capitulation to political pressure and fatigue. i don't blame them. it's something that i personally feel. but i think that you have to have some of the science underline it.

i know governor hochul. our hospitalizations per day and hospitalizations and deaths per day still exceed peaks of the delta surge. everything is relative. what i do think is responsible you heard it from new jersey and illinois and some states said not today but a date in the future. that date seems arbitrary and hopefully they show modeling of cases coming down in the next couple weeks and out of high transmission. who do you listen to? it does become local. if your test positivity rate is 1% and limiting a lot of your activities to local communities, it is safe to take off these masks. but if you, we still have kids under 5 not vaccinated. i realize 100% of them are not going to run out and get vaccinated, but we're so close. february 21st vaccines are going to ship for under 5 to doctor's offices such as mine. we will be able to offer people protection from six months to

the end of their time. and that's incredible. and i feel like those are better milestones to work towards instead of today, which is too soon. >> we put up a graphic, i think, or we have one of some of the minimum conditions you would like to see. like as you're talking about vaccine for kids under 5 and the lower rates of transmission, et cetera. can you talk a little bit and you said it right at the beginning of the conversation here that you believe some of the governors in your words are capitulating. can you explain that? i mean, is this a point where is it that the biden administration is perhaps a little bit out of step with where most americans are when it comes to pandemic and mask fatigue or is it that the governors are, as you said, capitulating to some of this pressure? >> i do think it's both, by the way. i think that i have tremendous respect for the cdc. i think you heard a little bit in dr. wolensky's comments today but we're ignoring the elephant in the room if we don't

acknowledge everybody is tired of not just wearing masks but masks are reflective of everything else we have to do. we're avoiding certain situations. some of us aren't taking kids indoors to restaurants. that's overly conservative, but that's what people are doing. we have to acknowledge that. but the way out of it isn't to say masks off, this is ridiculous. giving people expectation of when this will be pulled back and also the expectation of when it has to get put back in. shannon and you referenced spring if you were vaccinated and masks can go off. what happens if and when we have another surge and how do we communicate to people that this is why we put masks back in place, but that is what the data is indicating. and the data should change. not just positivity rates because, hallie, i have therapeutics. i can write a prescription now. i don't have enough of these therapeutics, which is another thing i would like to see more of. when i have the ability to give you a prescription and avoid a

hospitalization, that is going to speak volumes to raising people's confidence. we're so close, though. so just hold on. i know that sounds trite but just hold on a couple more weeks and then we'll have that security that we're in the clear. >> dr. kavita patel, always great to have your expertise. thank you. the white house saying president biden talked with french president emmanuel macron and don't share optimism that vladimir putin is looking to de-escalate. jen psaki in the last hour said they're looking for action to back up putin's talk. over on capitol hill, no action when it comes to possible sanctions. we just learned the push, the bipartisan push on that front seems to be freezing up a bit. i want to bring in foreign correspondent matt bradley in ukraine. matt, you have and we heard it from john kirby at the pentagon briefing literally as we were coming on the air in the last 20 minutes or so. they believe, they hope some room for diplomatic end to the

crisis and the military continues to prepare for the possibility of war. >> yeah, i mean, the military here they're trying their best. i mean, we have to talk about the military, halie. we're talking about how they're ut gunned and outmanned when it comes to the russians and also really outfunded. one of the really interesting things i'm talking about what i'm seeing on the ground here in the hotel where i'm standing in the lobby there is actually a box where you can give donations to the ukrainian military. if you look, it's a clear box. there's just bits of currency, bits of pocket change. and, of course, in every country in the world there's people who run charities and they give money to veterans causes and to families of veterans, but this is money that is going to the actual military. a military that the united states is giving billions of dollars and other western governments are giving billions of dollars to every single year. and we actually caught up with one woman here, she is one of

many citizens throughout the country who is just giving gifts to the military. hardware is being used in combat. not necessarily lethal material, but we caught up with her. she was buying some generators, she was buying some chain saws that are going to be used to dig those trenches that are on the front lines. and here's what she had to say. >> all the soldiers are highly motivated. a lot of them have families here. this is the motherland but they can't fight and they can't lean on psychological, they need modern equipment. >> so, again, you know, it would be easy to say that this just shows the depth of passion and the resolve of the ukrainian people to help their military

and defend against the russians. but it also just goes to show how wofully underfounded they are and they need to rely on the friends and neighbors approach. getting people to come together and give them money and give them pocket change and that really is, it really just goes to show that this military just isn't going to cut it when it comes to the russians, if they decide to invade. halie. >> matt bradley, live in ukraine. thank you for your reporting overseas for us. coming up, we promised breaking news. the nfl commissioner was just asked about those accusations of racial discrimination inside the league. you're actually looking live at that news conference now. as soon as we get from break we'll tell you more. more from capitol hill but after dodging reporters our hill team catching up with the most powerful republican in the house of representatives, kevin mccarthy. all of it coming up on the show. all of it coming up on the show.

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right now you are looking at

the commissioner of the nfl giving his annual state of the league press conference. typically this is pretty celebratory, right? it's pretty super bowl tee uppish but today he's facing some tough questions with roger goodell, as you probably know, under headlines after the lawsuit from former head coach brian flores accusing the league of discrimination essentially. talking about the lack of diversity in the league's head coaching jobs. roger goodell was just asked about this. let's play it from what he just said. >> i think we made a tremendous amount of progress but not at the head coach. that is something we really had focused on to try to get the kind of results that we could expect and we fell short of that by a long shot for us. >> i want to bring in morgan chesky who is monitoring this conference. talk to me about a couple of

these headlines because what i heard from goodell there an acknowledgment that the nfl is not where it needs to be where it relates to diversity but not a lot of specifics on what he will do to try to fix it. what are we missing? >> yeah, hallie, great point. what is great to hear from the commissioner is how to answer questions regarding this lawsuit from former dolphins head coach brian flores into a legal realm and then kind of a conversation that he wants to keep ongoing to ensure that something like this doesn't happen again because he says that when it comes to diversity, there is no finish line within the league. and he says that these legal claims made by flores, the former head coach who is accusing the nfl of racial discrimination will be handled in the courts. he did express interest in wanting to hear more from coach flores and other members in the league on how the nfl can make a

more welcoming environment for members who may not feel welcome at this time. for minority job candidates, such as flores with the new york giants organization when he says it was essentially a sham interview because they had already had their guy picked out before he showed up claiming it was all for them to qualify for the rooney rule, which requires the interview of two minority candidates before any final decision is made. he's still taking questions at this time, but you're right. as you mention, no specifics other than a reevaluation going forward on behalf of the league and not taking any direct questions regarding the legal aspect of this saying that this will be handled in the courts. of course, the claims of discrimination coming against the giants, the denver broncos and also allegations coming against the miami dolphins, as well. flores claiming that the owner of the team offered him $100,000 every loss he had so that would

make the team rise for perspective draft picks in the upcoming season. so, these are all in play right now. this is really the first chance we had to hear from the commissioner and he's still taking questions at this time. hallie. >> you mention the rooney rule, morgan, some questions raised about this. you talk about the requirement that you look at a diverse slate of candidates when you're hiring for a head coaching position but criticism, especially recently and especially since this flores lawsuit about whether it is a, you know, pro forma box checking exercise. and i think we have goodell's response on that, i believe. let me play that. >> they are getting into the room and getting the interviews, in fact, they're exceeding anything in the rooney rules as far as the interviews. it's the, what we want to try to see as the outcomes. we want to see black head coaches in the nfl and coaches of people of color. and eventually gender.

that we think is all important. it's an inclusive process and hopefully an inclusive outcome. >> quite literally in the middle of asking you that question, morgan, when our producers said that goodell just answered it. what do you make of that? >> well, i mean, time will tell. this is a rulet that has been in place for some years and offer minority candidates a better shot at getting that head coaching job or other assistant coaching position in the nfl. but if you look at the sheer numbers right now as far as black head coaches in the league. that speaks for itself. we do know that brian flores interviewed for the houston texans head coaching job that was recently given to lovie smith, a black head coach in the nfl who had decades of experience. flores saying that while he was considered as a potential front-runner for that job, he believes he was ultimately

passed over for lovie smith because of him being outspoken against the league and this recent lawsuit. that was released in a statement from flores just a few days ago following the announcement of smith as the new head coach. where this goes from here, hallie, on super bowl week, certainly a spotlight being put on this. we'll see the legal, the legal kind of discourse continue regarding the lawsuit butterest this conversation that has now begun go forward and how much actual change, change comes out of this reevaluation that roger goodell is talking about right now. hallie. >> and, of course, whether he says anything or any response to the other sort of big story, especially for folks here where i live and the washington commanders and the allegations against the commanders owner. morgan, thank you very much. i'm sure we'll see you throughout the afternoon on this developing story. breaking news on former president trump's handling of white house records.

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just in to us from "washington post" reporting that the national archives has asked the justice department to take a look at the way former president donald trump handled white house records about whether they should investigate mr. trump for a possible crime. this is according to two people familiar with the matter. joining us now is one of the reporters who broke that story maybe ten minutes ago. white house bureau chief and political analyst ashley parker who has scrambled to her skype for us. great to have you on, thank you. >> thank you. >> you haven't heard from sources whether the justice department will actually investigate this, right? >> that's correct. still a lot of open question including if the justice department will investigate this. if they may potentially just be interested at the end of the day or they get any and all appropriate classified documents back from ma mar-a-lago and if there is an investigation, what

the enforcement mechanism really is because things like presidential records is pretty difficult to enforce. >> walk folks through, for people who might not remember what developed over this over the last week or so. the revelation that the national archives confirmed itself. the archives officially came out and said, yes, we have recovered 15 boxes of documents and other information that should have been turned over at the end of the trump administration but was not. they got that from mar-a-lago. they did not raid the place. we talked about this yesterday on the show. no commando style get in and get these boxes out. the boxes were handed over to mar-a-lago to where they were supposed to be, the national archives. that is on the heels of questions that have been lasting for, ashley, as you know years about the way the former president trump handled white house records. ripping them up, for example. not being quite as vigilant as he needed to have been, according to the law in preserving and handing over these documents.

it's all coming to a head because the house select committee investigating january 6th wants to see this stuff as it relates in some ways for some of these documents to what happened on the day of the insurrection. that is the backdrop and the back story here. what seems to me to be one of the questions here, ashley, there is no dispute from team trump that they did not hand over all the stuff they should have handed over, correct? >> that's right. i mean, we actually have a statement from the former president in our story and you're right, this was not made for cable news late-night raid with people busting down the doors of the president saying basically his team and, again, this is former president trump's word and his claim and he's not always accurate, but he basically said and this was our understanding, as well, that this was a cordial, collaborative process where the national archives realized a number of documents and materials were missing, they coordinated and they went down to mar-a-lago and they picked up

a team of them and the former president is very excited to ultimately have them appear in his presidential library. one other fun detail in this story that i would point you to is that not just documents, you're right, this did come to a head because it was clear he was sort of ripping, tearing and shredding documents somewhat indiscriminately throughout his entire presidency, but, also, yes, a very specific process when you're president and when you get a gift and how it should be handled and turned over to the archives and how you should pay for it if you want to keep it. perhaps this detail is that there is a mini replica of a sort of single slate, the single state from the border wall that trump was given. it was in the west wing and then when he left he brought it with him down to mar-a-lago, where he proudly and prominently displays it on the desk in his private office there. and those are things, too, if he hasn't gone through the proper procedure and hasn't paid for them would also be a potential

problem. >> not just this replica according to your reporting of those border wall slats, but also the model of the air force one redesign that he proposed. that was something that long-time trump watchers would remember the president was proud to talk about. that is also, based on your reporting, on a coffee table at mar-a-lago. >> that is in the public part of mar-a-lago. if you're a guest of mar-a-lago or even a journalist visiting trump at mar-a-lago, it's in sort of the living room. it's this opulent room that guests have to pass through to get out to the patio and it's out on a table and trump watchers would know it's prominently displayed on a table in the oval office and also the letters that former president trump between himself and the former dictator and part of the tradition of leaving your

successor a letter and it is the infamous map of hurricane dorian that some famously doodled on in shar sharpie and that was another one of the things that was recovered in these boxes. >> another point that i think is important to talk about to quote from your piece here that you put together along with, i know your colleagues josh, jackie and i'm probably forgetting somebody -- >> matt. >> and matt, as well. also a friend of the show. so, because i think people who might listen to this go, wait a second, it's very clear that this stuff it seems very clear that this stuff should have been turned over at the end of the trump administration. but as you all note in your piece, federal law makes it a crime to destroy federal records but requires that a person knows specifically that they're breaking the law when they do so. you point out this could be difficult to do for mr. trump, who advisors say tore up documents out of habit and leave staff to reassemble and put back the little pieces of paper here. this is not particularly cut and dry and that's where some of the discussion is happening based on

your reporting with these doj officials into looking or not whether to investigate the former president of this crime? >> that's exactly right. for a previous story in a series that we reported but the former president tore things up indiscriminately. so they may have been sensitive and classified things he absolutely should not have been tearing up and we have reporting that he tore up that he slipped into his suit jacket and one person who worked with him sort of described the actual process of ripping for the former president of being cathartic. you might read, for instance, a "washington post" article he didn't like he would rip up and leave it on the floor and that would make him feel better. is that nefarious? no. described more of a confusing quirk although he was warned by at least two chief of staff and

the white house office that he could not keep on ripping up and tearing up these documents because of the presidential records. >> ashley parker, great reporting from you and your reporters at the post. it developed in just the last couple minutes. appreciate you being on. sticking to capitol hill and developments around republicans, around what happened on january 6th, we've got house minority leader kevin mccarthy getting on the record about the rnc censure vote. on tuesday when he was aggressively fast walking past an abc reporter. that's our colleague there over at abc news when she was asking about it. house speaker nancy pelosi calling him out on that today. watch. >> he literally ran away from the press when he was asked about his position. the republicans can run, but they cannot hide from what happened on january 6th to call that legitimate political discourse.

>> leave it to garrett haake to get mccarthy talking. here's that. >> that characterization -- >> i think anybody, and we all know this, that entered this building that -- >> our aforementioned reporter garrett haake is with us now. tell us about this conversation when mccarthy and what you're drawing away from it this afternoon. >> well, look, mccarthy wanted to put some distance between himself and the idea of january 6th as legitimate political discourse as have the vast majority of republican lawmakers we have spoken to. also defended the rnc for what he believes they were trying to say when it comes to the idea of legitimate political discourse the january 6th committee were going after people and the elector slates and didn't have to do. you could take that argument for what it's worth and then on the

question of the censure itself he said, look, the rnc has the right to censure the members as they see fit and he thinks there is a reason that kinzinger will not run. the bottom line for republicans they feel as if this entire news cycle is a distraction from their efforts to win back the majority and they're all pretty keen to go home this week and stop talking about it. >> well, okay. you also have congresswoman liz cheney responding. >> she says this is somebody who is not exactly known for telling the truth. in this context she was referring the truth not being his strong suit referring to his implication that he might not run for re-election. a story why she has not been in wyoming as one might think for somebody who is in a primary fight for her political future. that's what mccarthy was

referring to there. that's an august primary, hallie. i said it before and i'll say it again, probably the most important primary race in terms of telling us what the republican party is all about right now. that we're going to see in a very long time. >> can i be honest, i was thinking about you today and reading that piece, man, garrett, i know where anywheret will be in august. garrett haake, thank you very much. appreciate you being with us. really great reporting today. >> thanks. coming up florida's controversial don't say gay bill that even now president biden is talking about. we'll have more on what it would mean for lgbtq plus kids in school. should lawmakers be allowed to play the stock market? we'll go inside that debate that is building more and more momentum here in washington. momentum here in washington.

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new pushback today from the biden administration against what critics are calling a don't say gay bill that the florida state senate has advanced. with president biden calling the

bill hateful and telling the lgbtq plus community, i have your back and my administration will continue to fight for the protections and safety you deserve. we also heard from transportation secretary pete buttigieg today calling this bill dangerous pointing to high rates of suicidal thoughts in lgbtq youth. the senate bill is one of two moving through that state's legislature that includes a measure, quote, i'll read it to you, a school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate. this is something governor ron desantis has signaled support for. sharing emotional personal stories and concerns about the damage this could do to their kids if it becomes law. watch. >> if you make it seem like it isn't accepted, that will make bullies come even more. >> suicide rates will go up if they just think i am not normal.

i am not human. >> i didn't have support. i couldn't tell my parents. i lived in fear. i barely made it. but i'm here to tell you today to please oppose. you can save so many lives. >> i want to bring in now educator reporter for "tampa bay times." great to have you on. thanks for being here. >> thanks for having me. >> you have been doing reporting on this. let me start with the wording in this bill you can't have these discussions in a manner not age develop or developmentally appropriate. what else are you learning about what this logistically means for people in classrooms? >> what we're hearing is a lot of questions and comments that seem vagueness. people don't know what that means. we don't even know what primary grade levels means because that's not defined in the state law. we have elementary, middle and high schools and then you have the word or there, which is in a manner that is not age appropriate or developmentally

appropriate. so, it could be all grade levels regardless of setting aside that primary grade level language. more questions than answers. >> what could, and this may be another question we don't know the answer to when you talk to your sources in communities and schools what would it say it would change for school staff and students if this were to become law? >> they're afraid that it will have a chilling effect on the things that are said in classrooms. there's a lot of consideration about when a child comes to a teacher and confides something in them or they have those stickers that say they're a safe space and come you can come talk to me and how this will be handled if there is that threat of a lawsuit that could come against them from the parents because they didn't do the right thing, according to the parents. >> does it seem based on your reporting that this bill will move forward regardless of the

pushback from some in the florida community? >> yes. >> and that's because it has enough support from members of the legislature who believe they should prevail, including the implied, it seems, support from governor desantis? >> oh, absolutely. there's been pushback from the democrats and from the lgbtq community but there's been really no pushback from the republicans. if there is opposition to that to this bill from them, we have not really heard it. they've raised some questions about it. they suggested that there is some language in there that might need to be tweaked. such as that primary grade levels portion. but they have not signaled that they will not support it. >> we talked about right at the top of this discussion how you have president biden, right, promising to keep up the fight to protect lgbtq students in florida schools but this is something the state can do. if the legislature moves forward and passes this, it becomes the law in florida. what can be done on the federal level? what choices would the biden administration have here?

>> well, it doesn't seem like they have a lot of choices when it comes to the running of the schools. we saw that with our mask debate that we had here earlier in the school year where we have school districts the state law and state rules on masks and the biden administration said we'll support you and we'll send you money. they did create a grant program to support them and then the state just found another way around that. and they wound up arguing about it like they do over all sorts of federal versus state issues. so, it's really unclear that the federal government really has a lot of control aside from the grant money that they set aside because education really is a local issue. >> jeff, thank you very much for being with us and your reporting on the ground in florida. appreciate it. democrats may face another split between progressives and moderates in the party. new reporting out from politico a possible tug of wars over president biden and leading

supreme court contender. the drama centers around one potential choice south carolina district judge michelle childs. we talked about her on this show and you probably heard talk about her one of the people short listed for this upcoming opening on the supreme court. progressives in the senate are reportedly making a fuss over her past work for a law firm. when asked senator elizabeth warren brushing off the question entirely while bernie sanders told the nominee has to be reflective of the needs of working families and understands that we're moving towards an in this country. burgess, great to have you on. talk about your reporting. how likely is a showdown over a supreme court pick between progressive and moderate democrats at this point? >> i think that this is the showdown, this prenomination theory is really when this is going to happen.

it's very rare, especially in the situation where you have a 50/50 senate. very unusual to have democrats openly fighting once there is a nominee. so, i think what you're seeing right now is positioning to make sure that that nominee is someone that democrats can be excited about or whether it is somebody who can get a few republican votes. the fight playing out now is something crazy would have to happen for president biden to pick someone off his short list and then see a bunch of democrats repel against her. i think what is more likely to happen is what you're seeing now which is different factions positioning themselves to push a nominee beforehand so that when biden picks her, everybody can sort of be on board and be on the same page there. >> truly hard to imagine that the party is not going to unify behind whoever president biden picks. but can you clarify something in the reporting for me. your reporting childs did not work at this firm when they're

disputing the labor disputes? >> my colleague laura checked in with them with somebody who works that firm and basically told laura that the firm did not start taking on these union cases until four years after childs left. so, is sort of what jim clyburn the number three house democrat is also trying to stress to democratic senators is that, yes. she worked for a law firm that represented corporations but that doesn't mean simply by that fact she is antiunion. i think that is sort of where the fault lines are coming down now. progressive labor groups are sort of trying to make a point that if you want to pick a nominee friendly to unions don't pick her. >> this is still the prepick jockeying that is happening, to as much a degree as progressives and moderates want relevance to whoever president biden chooses. ultimately it is his selection. congress takes an advise and consent rule. we anticipate the pick by the

end of the month. >> that's right. it is really just a fundamental decision the president has to make whether he wants to sort of go along with someone like who lindsey graham wants and not risk a totally partisan vote on the supreme court justice or 51/49 vote or go with someone like kbj, ketanji brown jackson, who maybe would automatically get the 50 democrats. everyone really excited versus someone else. >> great to see you. >> thank you. more bipartisan moments for congress to regulate, well, congress. lawmakers don't have a problem regulating others. when it comes to themselves it is a different story particularly on this issue of whether they should be allowed to trade individual stocks. whose idea was this anyway? since the u.s. became independent from great britain congress basically traded stocks left and right with no oversight. members of congress are allowed

to buy and sell stocks at their discretion. whose idea was that anyway? it was congress's. and it is nothing new. in 1789 just after the revolutionary war, war bonds were pretty much not worth the paper they were printed on. the treasury secretary at the time named alexander hamilton was making moves to shore up those investments. before he did members of congress found out about the plan and gobbled up thousands of these bonds from unsuspecting americans. basically lawmakers made out like bandits. everyone was not happy when this became public so congress passed a lawmaking it illegal for treasury secretaries to buy or sell government bonds while in office. congress didn't say anything about themselves. that pattern of what some critics have called basically insider trading has been going on for hundreds of years. fast forward to 2012 when the stock act passed and banned insider trading inside congress, made all members post financial dealings on their websites within 45 days. the fine for breaking these

rules? 200 whole dollars which brings us to the present day, congress trying to pass an extension of the stock act which would ban all members from trading individual public assets. there are still some details that have to be sorted out. here now with what his sources are saying, the co-founder of punch bowl news john bresnahan. talk us through your reporting. the original act had tougher regulations than what passed in 2012. >> yeah. it got watered down by congress. let's start at this point. insider trading is illegal. >> right. you can't get info and go trade on it. that's been illegal for a number of years. >> that is. we've had a member of congress convicted of insider trading. it wasn't based on something he heard in congress but outside. the issue here is there's growing momentum here and we reported today that speaker

nancy pelosi, we broke this this morning, is going to get behind a bill saying members can't trade individual stocks. you laid that out well. there are some members who make hundreds of trades while in congress. why are they doing this? so there is growing momentum, house and senate, republicans and democrats, this is going to happen. the details are what is really going to be important here. this is a complex issue. i mean, it will apply to members, to senior staff, and so, you know, what if -- what happens to spouses? what if a spouse works for a high tech firm and the spouse gets a stock grant as part of their salary, part of their, what they get from the company. how do they handle that? what happens in cases of divorce? what happens if a spouse actually just trades stocks? is that illegal? you know, there are issues about inheritance. what if some member inherited something? there's a lot of details here,

which are extraordinarily important. the impact is going to be huge. what does this make on recruiting staff? this is a big issue. are we only going to have certain -- people who don't own stocks or never trade stocks as staffers? there are a lot of angles there but this is going to pass. the question is what does it look like and what is the timing? >> i was just going to ask you to handicap it. chances this actually gets done. i hear you when you say it is likely to get the green light the question is what does it look like? how much further do they have to go on negotiating some of this? >> they really are just starting on this. speaker pelosi said she has the house administration committee, zoe lofgren, former ethics chair looking at this. lofgren gets handed a lot of these tough assignments. she is a long time member, lawyer, very, very accomplished member, legislator, so she'll develop this legislation. she'll make some recommendations

to leadership. we'll see how far they go. republicans will probably -- house minority leader kevin mccarthy is all for this. he'll probably come up with some version of his own or have some ideas, you know. i think they'll work out a bipartisan deal. we've seen senate majority leader chuck schumer supports this. the minority leader mitch mcconnell, he is noncommittal. that is where he usually stakes out positions though on stuff until he sees where his conference is. so i do think it passes. i do think, like you said before, the details are really important. this is going to be toothless or is it going to be real effective oversight here? that is a huge question. >> thank you so much for being on and sharing some of the punch bowl reporting. thanks to all of you for watching this hour of "hallie jackson reports." i'm off for a couple days but i'll see you monday. you'll be in good hands thursday and friday. s thursday and friday

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