good to be with you. i'm katy tur. today capitol hill finds itself once more navigating uncharted territory. the house select committee investigating the january 6th attack on the capitol is in a new phase of its investigation, subpoenaing five sitting members of congress. minority leader kevin mccarthy, andy biggs, mo brooks and scott perry and jim jordan. none have said they will comply, at least not yet. >> congressman, jim jordan, will you comply with that subpoena from the january 6th commission?

>> well, i haven't seen it either. they haven't given me the subpoena, which is amazing because the press has had information and knowledge of this for 24 hours now. i still have yet to see the subpoena, it has not been given to me. i did write a letter in january when they asked me to come voluntarily. i said there are all kinds of concerns i have with this committee. >> if they do not comply, the committee could recommend contempt charges as they have done in the past but so far no one on the committee has yet suggested they will go that route. it is fraught. and house republicans have threatened to launch their own control into democrats should they gain control of the house next year. we don't know who in the senate the committee is interested in hearing from. joining me is capitol hill

correspondent ali vitale. any news on the next steps? >> reporter: that's where it goes next, especially if and when these lawmakers say they're not going to comply with these requests. there are a few options here for routes that the committee could take. the committee members engaged on this premise theoretically because they have continuously made the point that they think anyone who takes an oath to serve in congress should abide by a subpoena request like this. the options include many of the things we've seen them already do when subpoenas have been ignored. specifically civil or criminal contempt charges. he said on the civil front it defended on the luck of the draw on what judge you got and on the criminal front we've seen the

slow space that the department of justice has moved or not moved. those are two options the committee is talking about. and there's also the option of bringing it to the ethics committee here. that could also be a drawn out process shrouded in secrecy. so the committee is trying to figure out what their next steps are, even as they make the argument these lawmakers should comply. >> let play a little bit more of what these lawmakers have said about this committee. we have andy biggs and kevin mccarthy. let's listen. >> i think this is an illegitimate committee and they doesn't really have the authority to issue subpoenas in my opinion. so -- so we don't want to dignify what they're doing. >> does that mean that you will not comply with the subpoena? >> i haven't even seen the subpoena so i really can't tell you whether i'm going to comply or not. >> my view on the committee has not changed. they're not conducting a

legitimate investigation. it seems as they they want to go after their politically opponent. >> this is all for headlines and sensationalization. this whole thing is a charade. >> jake, kevin mccarthy -- andy biggs is one thing but kevin mccarthy calling the panel ill ill illegitimate is taking it a step further. >> reporter: this was a committee created by the house of representatives, given subpoena authority by a vote of the house of representatives so it's interesting to hear they don't think the committee is legitimate but that carries 0.0 weight here. this committee was created by the house. it is legitimate inherently. so whether they like it or not is not relevant. they seem to be indicating a political distaste for how the committee represents itself. this is not a matter for debate

about its legitimacy. i want to add two points to ally's very good points here. number one, the ethics committee is evenly divided, republicans and democrats. she's 100% right, it would be drawn out and eventually end in stalemate because republicans would stick up for mccarthy. number two, there's been precedent in the past on the criminal and civil contempt angle of this that the judicial branch is not always interested in weighing in on a legislative branch dispute. so they understand but they don't really have much to -- many places to maneuver here because they don't have much recourse. meaning the ethics committee would deadlock, there's no guarantee the courts would take it up. we could take a logical step here, katy, without too much

inference, they're not going to participate. they've ignored months of letters and they're not even commenting now on the subpoena, which by the way they all have received by now. it was signed by bennie thompson, he said that today, it's been delivered to members. it's not as if this is a surprise to these people. they know what the subpoena is going to say. we want you to talk about january 6th. they know what they've been involved with and what the committee wants to hear from them. this is a political game on their behalf, too. these republicans are taking what is a legitimate committee and deciding they don't want to participate because they think it's political. it's just a huge charade on their behalf as well. >> jake, i know that behind-the-scenes conversations don't carry any water, especially not nowadays. is this how the whole committee

feels, have they washed their memories of january 6th? >> well, it's not a subject they want to talk about -- >> is it in their political interest not to continue to fracture democracy? >> reporter: listen, i think this gets to a larger question about our political system, which is 90% of these people go home, republicans and democrats for that matter, and they go home to very, very partisan districts in which republicans are dominant or democrats are dominant and they feel as if the only issue in the election, which is what drives them, the only issue in the election is going to be inflation, the economy, covid, things of that nature, which they think they have an upper hand on. that's the state of the party right now and the state in their view of the electorate. >> they are in very partisan districts because of partisan gerrymandering and because they have been, some of them at lease, lying or misleading their

voters for years now about what's been going on in this country. jake sherman, thanks so much. ali, thank you as well. like the florals, by the way. >> sir, what do you make of the refusal to comply and what do you think the committee should do? >> first of all, thank you very much for having me. you know, it is very, very unfortunate everything we seem to do here must be couched in political terms. at some point in time you need to think about this country, and all of us are aware that we are at a very critical stage in our country's history. and if any of us know anything about the history of democracies, this is the way democracies begin to deteriorate and default, denying the

obvious, undermining the media and absolutely considering everything to be an alternative to the truth. so i'm saying to everybody with whom i speak, i'll be doing two commencements this weekend and i'm going to tell the young people to think about what it is they have been studying for the last four or five years and think about it in terms of what they would like to see the future be for them and their children and their grandchildren. if they want a future full of misrepresentations, full of de denials, they have wasted their time over the last four or five years. we hope that congress will get

serious with what this country's future is going to be and stop couching everything as democrats and republicans. january 6th has absolutely nothing to do with partisan politics. it has to be with somebody or bodies attempting to overturn a free, fair election. and that is a very, very big problem in the preservation of democracy. >> do you think the committee should be seeking criminal contempt charges? should they refer that to d.o.j.? >> well, i think that if you look at those people who have been before various judicial bodies, a lot of people have been tried criminally and some have pled guilty and others have awaited trial. those were criminal acts. and anybody who incite folks to

do criminal things ought to be tried criminally. >> are you worried about what might happen if republicans regain control of the house and then turn this back on democrats? >> they would not do any worse than they're now doing. i don't see this as anything about democrats versus republicans. if i were to give a speech like brooks gave and this kind of activity were to fall from it, i should be indicted. i should be kicked out of the congress. that is not the way you conduct yourself as a united states congressman. we heard him, we looked at him and we know full well that he is guilty of inciting people to riot and he ought to be held accountable. >> is our government, our congress, capitol hill, can it be fixed? >> you know, i have been saying

for a long time now that this too shall pass. but i'm beginning to believe that we may be threatening to really undermine this democracy and this country really is teetering on the edge. so i don't know. i thought that we were but i'm not too sure. >> that's the first time i've heard you say that, sir. whenever i've asked you that question you said that we've seen worse time and we've come out the better of them. it says something that you're doubtful right now. >> it is. it is. because we see too many parts of our greatest institutional structures seem to be either acquiesce ent to all of this, ignoring it. you don't solve a problem by pretending it doesn't exist.

we know we have a problem. and you solve these problems by meeting them head on. to pretend that we don't have a problem will not get us anything when it's trying to resolve the problems. >> congressman jim clyburn, thank you so much for being on with us and thank you for giving us an honest, if not scary assessment of where we stand today. we appreciate it. >> thank you very much for having me. >> and a russian sergeant was in court in kyiv today in the first war crimes trial of the ukrainian war. the 21-year-old soldier is accused of shooting an unarmed ukrainian man in the head. he was arrested after he surrendered. he did not enter a plea and asked for a jury by judge, not -- asked for a trial by judge, not by jury. this case could be the first of many as russians continue to face accusations of atrocities.

joining me is nbc news foreign correspondent matt bradley. matt, what more can you tell us? [ no audio ] >> we're having some issues with your audio, matt. we're going to try to get back to you in just a moment with the latest from ukraine. but we're going to move on now. wait, is the audio okay. let's go back. matt? >> we have the audio. >> we do have the audio. great, matt. what more can you tell us? >> thank you. thank you for your patience. basically we saw this young man appearing in court today. i have to tell you, katy, this was an extraordinary appearance, not only because it was the first such appearance, the first such trial, but we're seeing a russian soldier appearing in a criminal court, in a civilian court. he's being tried as a civilian and could be facing only 10 to 15 years.

he appeared in what looks to be sort of a cell, surely a bullet-proof glass box. he had his head down for most of the trial. as you mentioned, he didn't enter a plea. he had a court-appointed lawyer, a brave man no doubt. it's not a popular position to be defending a russian soldier who has been accused of war crimes, especially given the current climate here in ukraine. there's going to be no love loss for this young man. really, what we're seeing here and this was just a pretrial sort of appearance, we didn't hear much, basically what you mentioned in your introduction, but it's extraordinary and i think what we're seeing here is the ukrainian system being put on trial. this is a very public gesture by the ukrainians showing that they will have mercy for these russians who they have captured and who they're accusing of war crimes, that their justice will not go off into mobs or

lynchings. i feel the ukrainians are demonstrating or trying to show the world they are going to be fair in the face of unfairness by this russian invasion. katy? >> matt bradley, thank you very much. glad we could fix the audio, important report. and elon musk puts a pause on his bid to buy twitter citing an investigation into spam accounts. is that really what it's about? plus an nbc news exclusive with the republican senate candidate donald trump has said cannot win pennsylvania's general election. what kathy barnett told us about who she is and what she thinks about the former president. >> and under increasing pressure from parents and politicians to ease a national crisis. what is the white house doing to get baby formula back on store shelves? formula back on store shelves?

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elon musk has put his bid to buy twitter on hold. he has been vocal about his goal to clean up twitter's spam bot problem and wants to pinpoint the exact number of fake accounts on the site. he added he is still committed to the buyout. joining me is the "new york times" contributor and pivot co-host, kara swisher and one of the smartest people i know. you kind of called this, didn't you? >> i did indeed. the price was going down. the price of twitter, he offered 54.20 and it's been hovering $10 below it for a while. twitter would have fallen off a

cliff, down 30, 40%. 18% is good for tech right now. so he probably doesn't want to pay as much as he offered. so he's trying to reprice it, that's what i would assume is going on behind the scenes and it should because the price should be lower because of what's going on in the broader stock market, including things which affect his own shares of tesla which he's using to pay for this. >> will he get that better deal from twitter shareholders? >> i think they're going to be pretty pissed if he's going to try to -- he has all the leverage, that's the problem here. there may be another buyer when it gets really low. i think snoop dog offered to buy it when it gets low but we'll see. >> how perilous is this for him? there's been a lot of talk about how much money he actually has. what happens if he takes a product that is not as successful as he wants it to be and what that might mean for tesla and the stock in that

company. >> quite a bit at $54.20 number. if he pays less for it, the loans would be less, the tesla stock he's putting against it would be less. the loans that twitter would have to pay back would be less. all of it would be better at a lower price. in the agreement, he agreed not to do due diligence. he can walk away from a billion dollars, wait for had to drop and buy it up. his risk is there might be other buyers. >> so he would have to pay a billion dollars if he walks away right now? >> unless he find some excuse. he could say they lied to him. it doesn't really matter. he agreed to no due diligence. so it's not clear what he's doing. obviously there's huge pressure on tesla stock. tesla rose today on this news, hoping that he won't do the deal but he definitely wants a lower price, which is what i indicated on monday.

>> have we gained any more insight into how he would run twitter if he takes over? >> no. no. but today we found out he doesn't like straws, the new straws, paper straws. it's all been incredibly vague. here's the irony of it. here is somebody who actually could change things at twitter and make it a better business. this guy is really visionary and very innovative. a type of person like this is the one to do this as a private company. putting aside all the virtue signaling to the right, which he's doing for a lot of reasons and partially he believes it. maybe if it doesn't work out, it's a good moment for twitter to reassess and reestablish itself as a real business that isn't so bad as it's been. >> why exactly is he a person what would maybe twitte a

better place when there is such a toxic atmosphere? >> keep in mind the people who use twitter are very small. >> it's a very small number. >> if it was facebook we'd be talking a different game here. this is a very small service, people in the media and on the left. politicians on the right and the left all love it but it's very small to most people. most team are over on tiktok watching, like me, air fryer videos. that's what's growing and despite recent troubles, facebook is huge. this is not a great business and it hasn't grown. so someone like that could have some innovative ideas around payments, maybe you could do payments over twitter, subscriptions lots of people have talked about. paying for twitter. one person who has gotten a lot of free marketing from twitter for nothing, the richest man in the world, elon musk. people like him should pay for the markets that he gets for not

just himself but all his businesses. >> like any true fuddy duddy, i watch all my tiktok videos late and on instagram. thanks so much for joining us. appreciate your time. >> and coming up, tim alberta joins us. and first, an exclusive with kathy barnett, the republican candidate in the pennsylvania senate race. you'll want to know more. she could win the gop primary, which means she could win this seat. stay with us. with us and neigh? pursuing 100% renewable energy in our operations. aiming to protect, manage or restore millions of acres of land. and offering you more sustainably sourced products so you can become part of the change. so, can a company make the planet a better place? at walmart, we're working on it, every day.

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winnable seat. strategists have called her an opposition researcher's dream, with the post say the 2020 election was stolen. in an exclusive interview with nbc's dasha burns, she says she is unapologetic about who she is and what she stands for. joining me from millersville, pennsylvania is nbc news correspondent dasha burns. you showed her those old tweets about islam and her comparisons. she claims she didn't write them. what else do we need to know about kathy barnett as a candidate? >> reporter: you said people are calling her an opposition researcher's dream. that opposition research, though, is just happening right now. this is a major twist in the final days of this high-stakes race. a lot of people, including these campaigns didn't see it coming. for months it was a two-man race between oz and mccormick. as i've been talking to voters

here for months now, i felt a lot of resistance from people. you saw the numbers of undecided people. just up until the last poll, the numbers were like 40% of republican voters still undecided. you got the sense from people that they were looking maybe for that third option and barnett's momentum i think hit kind of at the right time as people were trying to find their way in this primary. she also at the same time, katy, as this scotus leak, the opinion that leaked on roe v. wade reupped her story, her campaign put out an emotional video of her back story, her mother having been raped at 11 years old, she was born when her mom was just 12. she may be picking up the single-issue voters jumping into the race. this is pretty stunning, katy. she has spent a small fraction of the money that these other two candidates have spent and up see her rising as both oz and

mccormick have struggled to break free here. many are looking at barnett as the ultra magna candidate. what does this say about the republican party and where people want to see things go, at least primary voters. take a listen to bar net's answer on that. >> what do you think this says about the future of the republican party? >> there's been very little vetting that taken place with these two, quote unquote, front-runners. the only thing i believe most people are interested in is they were very rich and they were spending a lot of money. i think it's going to say a lot about who is the republican party. is it truly all you have to have is a high name id and a lot of money and that's all that matters to get someone through? >> and, katie, we've been talking about the money and

talking about the trump endorsement. right now despite all of that, it really is anyone's game ahead of tuesday. >> thank you very much. a really interesting interview. i encourage our viewers to listen to everything else you got out of her. fascinating stuff. >> there is an identity fight not just within the republican party but within the white evangelical christians, the key drivers of donald trump's win in 2016. the argument now with many on the right not just embracing conspiracies and extreme rhetoric but acting on it is whether to push back or to lean in. as our next guest writes, if this is a tale of two churches, it is also the tale of churches everywhere. churches everywhere joining me now is staff writer

for "the atlantic." tim, you come at it as somebody who grew up in the church and somebody who has seen this snowball effect and this stratification, this division. walk me through what you discovered and what do you think it means for all of us? >> thanks, katy. yeah, i just really tried to come into this with an open mind and spend a lot of time not with the sort of really high-profile visible christian leaders and evangelical figure heads but i really wanted to report this from the ground up, from a lot of small and medium-size churches around the country and really try to figure out what is it that has sort of set off this turmoil and this infighting inside the evangelical movement, and just how prevalent is it.

i think we can make a mistake sometimes in certainly our political coverage of extrapolating a bit too much and making an assumption that something is universal when it's not and what i discovered along the way here in all of my reporting is that there is, in fact, this sort of identity crisis playing out in the evangelical church as you put it a moment ago. and the scale of it is really what is staggering. you cannot found a church, you cannot find a pastor, you cannot find a church goer, just a rank-and-file every sunday church goer in any of the major denominations or independent churches anywhere across the country, white evangelicals in particular, you can't find anybody who will tell you that this isn't happening in their church. and, as a matter of fact, what i tried to document is not just the degree to which there's a ton of vitriol and ugliness and combativeness inside these

churches but also the degree to which there is a lot of movement because of it. you have substantial numbers of evangelical christian, due to combinations between covid-19 and president trump's presidency and george floyd's murder, all of these factors that are driving so much of the conversation every day, they are also driving the conversation inside the church and people are leaving their churches because of it and relocating to churches that better align with their politics. and that in and of itself, katy, is a very new and potentially hugely consequential phenomenon not just for the church but for our politics and our culture. >> one of the main churches you went to and you didn't see not necessarily church paraphernalia that you saw, crosses and such, it was american flags that you saw when you first walked in and people wearing maga hats and

that seemed to be in your writing what the idol was when they were going to worship. >> yeah. and, you know, listen, it's a broad brush. i don't want to -- we're talking about tens of millions of people and i think we are always hesitant to paint in broad stereotypes, but there is certainly something to this idea as many pastor of individual congregations and denominational leaders, evangelical scholars, including many who voted for trump, they will tell you that there is a serious threat of political eye dolltory within the white evangelical church today and trump is the subject of much of it. perhaps more broadly, katy, america is the subject of some of it. you have a real sense from these

conversations that love of country, fear of country slipping away and becoming something unrecognizable, that those things are doing more to animate many white ivan jel ka christian today than is the gospel of jesus itself. >> i don't have time for this question but i'm going to ask it anyway. you talked to russell moore, a pretty prominent figure in evangelical christianity, not a big fan of donald trump and has paid a big price for that he said this is a very real threat, doesn't want to sound like chicken little, from feel believing there's only a two-state solution here, basically that a civil war is coming. >> luckily for you, katy, i'm always concise can with my answers. yes, you do -- russell diagnosed

that properly and it lined up with everything i've seen on the ground. and by the way, even before i really dove into this reporting project over the past year, you were seeing that in all kinds of different pockets of american life but it is especially concentrated and visible inside the church. it's a very real thing. as russell said, there are people in the church lending that transcendent religious thought to the talk. >> the piece is absolutely fascinating. i encourage everybody to go read it. but scary, too. tim, thanks so much for joining us. >> thanks, katy. >> next, chaotic and violent scenes at the funeral for slain a slain journalist. we'll go live for the latest. a t we'll go live for the latest ♪

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the funeral of -- >> palestinian mourners wanted to carry shireen abu akleh

coffin. israeli authorities would not let them do that. there was a standoff that was escalating to the point where police were beating the pal bearers with knight sticks. there was that moment when the coffin falls and people were concerned it was going to spring open. the police say they moved in due to chanting and rock throwing. one man on the edge of the corrode is throwing what looks like a bottle toward israeli police officers. that doesn't explain why they couldn't be throwing things because they have the weight of this dead woman's coffin with them. we're seeing images of police ripping down palestinian flags off that hearse.

now thousands and thousands and thousands turned out for her funeral. mercifully the burial went smoothly and it was a reminder that shireen abu akleh was a household name in life but she's a palestinian icon now in death. >> thank you very much. and the texas supreme court just ruled that state investigations into alleged child abuse by parents of transgender kid could carry on. it reversed an appeals court decision that had temporarily halted the inquiry statewide. chuck, what exactly happened today? >> the court ruled on a background issue to be honest. it lifted a statewide injunction that was imposed by lower courts that blocked state child abuse investigators from investigating families who provide gender care

to adolescent. it goes back to that the gender care should be treated as child abuse. >> what exactly is going to happen now to families of transgender children? >> they're all wondering that right now. lawyers -- their lawyers hope that there was a portion of today's ruling that could help them the court said, it clarified that they don't have to follow the directive. they have their own sole discretion on whether to investigate or not. the lawyers are hoping that's enough to give the agency a pause and say let's wait for this to play out in the courts

because the underlying case, whether the state has the authority to investigate families for providing gender care is being determined by an intermediate court. >> and as i understand, there are some hospitals in the state that have stopped providing this care because of the uncertainty for these court cases? >> that and families have decided to leave texas for safer states that they won't be investigated. we've had district attorneys from democratic-run counties saying they will not investigate any accusations or allegations made against families. there's a lot still undecided in what's going to happen next. >> chuck, thank you very much for helping us understand what's going on there. we appreciate it. >> and coming up next, what the biden administration is doing to get baby formula back on store shelves. formula back on store

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allow thousands of asylum seekers at the southern border into the united states. the policy was put in place by former president trump, 21 republican attorneys general sued joe biden, the president, after he tried to repeal it. all of this comes as illegal border crossings hit a 22-year high back in march. a decision on the case is expected next week. and the national baby formula shortage is being investigated by several house committees. several key manufacturers control nearly 90% of the market and both appropriations and energy and commerce will hold hearings in the coming weeks. nbc news correspondent blayne alexander has more. >> well, for so many parents, this truly is the topic of conversation. consider this, the average 3-month-old can go through a can this size in less than a week. so that's why there is growing pressure on the biden

administration to find a solution. for millions of parents, the frantic search for formula is getting closer to home. >> it's scary. it's scary not knowing if you're going to be able to feed your kid. >> and the shortage is growing. 43% of the nation's baby formula supply is out of stock. >> there was one day i went to 11 different stories and could not find any. >> reporter: overnight, the white house addressed new steps to address the crisis, as president biden met with retailers and manufacturers, including wall march, target, ricket, and gerber. >> our message to parents is, we hear you, we want to do everything you can. >>. >> reporter: the administration is facing growing pressure. >> this is not a third world country. this should never happen in the united states of america. >> reporter: the new measures include increasing imports of formula, cutting red tape, and asking regular urals and states to crack down on price gouging. but the white house acknowledged that there is no tlooun for when parents can expect to see the results on the shelves. >> we would certainly encourage any parent who has concerns

about their child's health or well-being to call their doctor or pediatrician. >> reporter: for many families, the need is dire. according to the cdc, only 25% of infants consume only breast milk through their first six months and many rely on specific formula brands. >> i've seen moms in the store crying in the formula aisle, because they can't find their baby's formula. >> reporter: inventories are now so low that some major stores have put limits on how much baby formula you can buy at a time. the months-long shortage comes from a voluntary recall by manufacturer abbott nutrition. that prompted the shutdown of a major plant. all of it made worse by supply chain issues. now, parents are scrambling for solutions. online, searches for homemade formula have spiked. >> we try to tell parents to remain calm and make sure that they contact us.

>> reporter: there are some lawmakers, including some in the president's own party who says that that does not go far enough. they're calling on him to invoke the defense production act. it's a war-era measure that would essentially grant the president emergency powers to be able to order companies to produce more of a certain goods. now, the white house says that that is something that they are considering. but already, at least one manufacturer or one company says they've got their plants running 24/7, but that's only part of the solution. back to you. >> that's a really big problem. blayne alexander, thank you so much. that is going to do it for me on this friday. have a nice weekend, everybody. garrett haake picks up our coverage next. everybody garrett haake picks up our garrett haake picks up our coverage next. 12 weeks of powerful protection, nearly 3 times longer than any other chew. bravo, bravecto! bravo! before i got aura, twenty-four of my accounts were hacked! he uses the same password for everything. i didn't want to deal with it. but aura digital security just dealt with it. what were we worried about again?

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and do more incredible things. ♪ today, world leaders hard at work over the ukraine crisis. in germany, foreign ministers from the g-7 meeting today plotting a path forward on support for ukraine. also, there are now two new countries gunning for nato membership. president biden talking to the leaders of finland and sweden today, after they announced they want to join the alliance. and for the first time since russia's invasion began, top defense officials from that country and the u.s. speaking by phone in the hopes of opening up a new line of communication. inside ukraine itself, prosecutors holding the first war crimes trial over a russian soldier they say shot and killed an innocent civilian. also this hour, the surprise se