every search you make, every click you take, every move you make, every step you take, i'll be watching you. the internet doesn't have to be duckduckgo is a free all in one privacy app with a built in search engine, web browser, one click data clearing and more stop companies like google from watching you, by downloading the app today. duckduckgo: privacy, simplified. good morning. 10:00 a.m. eastern. i am jose diaz-balart and we begin this morning with news out of washington. former rump advisor steve bannon is signaling he is

willing to testify before the january 6th committee. what impact if any does testimony could have on his criminal contempt try oh. plus, we will break down what to expect at tomorrow's january 6th hearing. in the next hour, president biden will pass a gun safety law and what it means for the national gun violence epidemic. gun violence activist and father of highland park shooting victim will be with us this morning. meanwhile, it's been one year after a crackdown on protest for freedom in cuba. the crackdowns by the regime continues. we will talk about what is next in cuba's fight for freedom. right now out west, firefighters are working around the clock to contain a wildfire at yosemite national park. we will bring you a live report. report.

we begin this morning with the latest on investigation into the january 6th attack on the u.s. capital. attorneys for donald trump stan steve bannon and eight courtroom hearing. he is facing contempt of congress charges for refusing to comply with subpoena from the white house january 6th committee. that trial set to begin next week and now bannon appears to be reversing course when it comes to cooperating with the january 6th panel. his attorney told the committee chair that he would be willing to testify publicly after he received a letter from trump saying he would have this claim to executive privilege waived. all of this comes just before the panel host its next public hearing tomorrow, which will focus on how the mob that attacked the capitol came together as well as the role played by extremist groups, like the proud boys and oath keepers. a source familiar with the hearing tells nbc news a former

oath keeper spokesperson will be one of the witnesses. a committee member raskin who will lead the question tomorrow said the hearing will also look at another key event leading up to the riot. >> one of the things that people are going to learn is the fundamental importance of a meeting that took place in the white house on december 18th. on that day, the group of lawyers who have been denominated became a crazy by people in and around the white house. they came in to try to urge several new courses of action including this seizure of voting machines around the country. >> with us now to talk about all of this, correspondent pete williams. capitol hill correspondent allie vitali and congressional

reporter luke broadwater and it chuck rosenberg, former u.s. attorney and open now on msnbc. pete, let me start with you. executive privilege in his refusal to testify before the committee. what can you tell us about this? >> well, the government says it doesn't matter and the trial should go ahead for several reasons. number one, he was never covered by executive privilege in the first place because it deals only with official conduct, official business while bannon was in the government and what the committee wants to talk about are things that have happened long after he left the government that have nothing to do with official business so the whole executive privilege claim they say doesn't matter. there is a question of whether the president ever properly asserted it in the first place or had any juice left in order to exert executive privilege. secondly, they say this effort by bannon to testify, his willingness to testify is a red

herring for his trial, which is due to start a week from today. they say contempt of congress is unlike normal contempt. it is not intended to cause someone to testify. it is intestate intended to punish them for past misbehavior. they cited a case from the second circuit that says criminal contempt punishes retrospectively for a completed act of disobedience and you can't avoid a trial by later complying. in other words, they say let's get on with the trial. this is just a red herring and he should still face trial for the contempt charges. >> pete, what are they trying to accomplish as lawyers today during the argument? >> they have several notions ahead that you will hear about. the big one is to delay the trial until mid october. they say the committee hearings have potentially painted the jury pool. there is all of this information out there that

could lead people to have a bad opinion of steve bannon, so we should wait until this all simmers down until mid october. the government says you know what? steve bannon's name has been mentioned in hours and hours for a maximum of 30 seconds. it's no big deal for him and it shouldn't matter. >> why do you think steve bannon appears to be changing his tune when it comes to cooperating with the committee? >> well, i think the major consideration is the potential two years in jail and hundreds of thousands of dollars hanging over his head. we also have some reporting that donald trump has become frustrated as he has been watching the january 6th hearings at the lack of defense of human actions and he believes steve bannon would be a fierce defender of his before the panel and he has negotiated or talked with mr. bannon throughout their lawyers and

have a cleared him to testify. of course, the committee would not entertain via testimony through steve bannon. he would be treated as a witness and testified behind closed doors. it would be a videotaped and could potentially be played. we are still several steps away from making that happen and there is skepticism by the committee on whether this is a serious attempt to finally come forward and testify and to tell the truth, or if it is some sort of ploy to push off the justice department seeking charges against mr. bannon. >> luca, what are those negotiations, conversations between bannon's people and the former president's people been like? >> my understanding, they were surprised when they received a letter at midnight over the weekend. the committee has now been in talks amongst themselves on how to formally respond. they do want to hear from steve bannon. they believe he has some

knowledge that things would get crazy on january 6th. he made sort of a cryptic comment the day before on his podcast about how all could break loose. he was one of the people planning at the hotel the day the violence broke out. he had direct conversations with donald trump on focusing on january 6th, so they think he has important information for the committee to learn and they do want to hear from him, but they are talking internally about how they will handle this negotiation and when or whether steve bannon will be brought into testify. >> i am just thinking of what the committee makes of bannon's offer and the fact he may be working closely with the former president to act as his defender . >> look, no surprise to any of that because you see the way bannon has spoken of the committee since defined the

subpoena and certainly since the beginning of this trial that started in d.c. just last month, he said the committee is irrelevant. it makes a lot of sense to what luke is saying and what my reporting is. there is skepticism within the committee that this is the real deal, a true offer. it doesn't matter, as pete mentioned, on what is actually happening in court. there is something interesting in these filings. while bannon has been clinging to executive privilege, there have been questions on whether that executive privilege was even offered. that is aside from the fact bannon wasn't working in the white house at that time and hadn't for many years, but all of it comes down to the hitch potentially in what bannon's lawyers told the committee, which was he wants to testify but he wants to do it live and in public. as luke said, that doesn't sound likely if you listen to the committee members this weekend. take a listen. >> the way we have treated

every single witness is the same. they come in. they talk to the committee. they are going to take a deposition. they are sworn under oath. it's videotaped and recorded and we take it from there. >> they will take it from there. look, they have plans to have two hearing so far this week. the next one coming up tomorrow. raskin is one of the two lawmakers leading. for them, they are in this place of lighting out their initial plan for what these hearings would look like. we are talking tomorrow about the role of how the mobs came together and the extremist groups, but also connecting the dots between extremist groups into trump's inner orbit. they will argue, for example, that a tweet he sent on the 19th thing be there, be wild was essentially a siren call in the words of one of the committee members over the weekend. they will paint that pick her as well as moving into talking

about january 6th itself later in the week, but they are doing all of that as they get more information. not just this over share from bannon, but they have nearly 8 hours of deposition from pat cipollone. they will want to get that in there as well. >> following up on something ali vitali just mentioned, bannon 's lawyers said they will testify now that trump has sent a letter waving executive privilege. does this have any substance in the first place? >> executive privilege doesn't apply. if it does apply, i don't think president trump can assert it. it begins to president biden now by and large. bannon's biggest problem, he is going to trial for criminal content. if he is convicted, he can serve two years in jail, one on each count. what he is trying to do is bring an argument to the jury that look, you couldn't convict me of what i did a year ago because now i'm willing to testify.

as a legal matter, if you look at the federal rules of evidence , that is irrelevant. they are going to try, jose, to make an argument. the government will make an argument it should be exquisite. the government has a better argument. this is all about bannon trying to get the jury to hear that he is willing to testify now. it's not really about the committee. bannon doesn't have any interest in helping the committee. bannon has interest in helping bannon and the evidence should and will be excluded from his criminal trial. >> luke, all of this comes days after pat cipollone spent seven hours testifying before the house january 6th committee. what were some of the big takeaways from that testimony? >> we don't know everything, but we have been able to learn some of the questions he was asked and i think we will see clips from pat cipollone played this week at the january 6th

committee hearings. we know he was asked about pardons. we know he was asked about his view on donald trump's claims on election fraud and we know he was asked about the pressure campaign that donald trump was using against the vice president, mike pence. in the past, we have seen the committee play clips of bill barr and other top officials saying there was no election fraud and condemning some of his actions. i wouldn't be surprised if we saw similar steps from the top white house lawyer played at these hearings. he is saying donald trump was out of line here or the things he was saying were false. >> chuck, the issue brought up again in some of the testimony before, the issue of the pardons. members of congress speaking about possibly talking about some pardons for themselves. what is the relevance? >> let me first tell you what

it's not, jose. a pardon is not a confession of guilt or an admission. what it is is evidence of consciousness of guilt. i don't think ali vitali or pete or luke or you have asked for a pardon. i don't think you have needed to. i don't think you wanted to. if it were a legal matter, i don't think you have to. prosecutors always struggle because it's a hard thing to do to prove in a criminal case intent, right? to get into your brain come into your mind, and prove to a jury what it is you intended to do. asking for a pardon is a window onto the soul. it is not an admission of guilt. it is not a confession but it is consciousness of guilt. you have to ask yourself a real practical question. who would ask for a pardon and why would they ask for one? like i said, i doubt anybody on this panel has ever done so or will do so.

>> chuck rosenberg, ali vitali, luke broadwater, pete williams, thank you so much for being here with us this morning. still ahead, a wildfire in yosemite national park threatening to destroy ancient sequoia trees. we are live with the efforts to protect them coming up. but first, president biden said to commemorate the first gun legislation safety lot signed into law for decades. at the white house for the event honored to speak with fred in a few minutes. what it means for him next. you are watching jose diaz- balart reports. balart reports. ...it's time to make a stand. start a new day with trelegy. ♪...and i'm feelin' good. ♪ no once-daily copd medicine... has the power to treat copd in as many ways as trelegy. with three medicines in one inhaler, trelegy helps people breathe easier

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president biden will host an event celebrating the historic new gun safety law. the current gun violence in more than 30 years. in attendance will be members of congress who voted for the bill and the families whose

lives have been forever impacted by gun violence. the bipartisan law incentivizes states to pass red flag laws and enhances background checks, cracks down on purchases and increases funding for school safety and mental health. the law will keep guns away from unmarried dating partners convicted of abuse, known as the boyfriend loophole. joining us from washington, maura barrett. good morning. what can we expect to hear from the president today? >> this is very much a celebration for president biden. he signed this into law two weeks ago. i should note this comes under the shadow of new polling out this morning showing 33% approval rating for the president so this is something he will continue pushing. we know from the white house they considered this law a first step in protecting from further

gun violence. attending the event today, i should know there will be survivors of the recent mass shootings in a buffalo, uvalde, and highland park. the president is expected to celebrate the law passed that also push forward for more measures he wants to see. he wants to see his new director confirmed and he is also going to push congress to enact assault weapons ban's as well as a bans on high-capacity magazines. he is looking for a bigger expansion of background checks and he wants to push for safe storage laws, jose. >> moira barrett, thank you so much. joining us now, fred, since the loss of your daughter to the parkland shooting, you have been working tirelessly to push lawmakers to address gun violence. and fred, by the way, thank you for being with us. >> thank you for having me.

a big exhale. listen, i have been at this for four years. there are people here today that have been at this far longer. working to do one simple thing, reduce gun violence and save lives. today is the reflection of getting that done to an extent. there is so much more we need to do, but jose, you and i got to know each other. the reality is i am here today for this and wednesday i will be at the cemetery for what should be my daughter's 19th birthday. that is why people like me won't ever stop this work. >> i have been digging a lot about that, fred. she would have been 19 this wednesday, the day after tomorrow. fred, i keep thinking about the last time you and i spoke, it was just days after the massacre in uvalde, texas. fred, i remember the generosity of your spirit when you talked

to me and asked those families going through this undescribable pain that you were willing to reach out to them. i'm wondering, fred, what part of the spirit is it that a human being can find to be able to reach out to others in times of indescribable grief when one is continuing to suffer indescribable grief? >> i am always a dad and i will always be a dad responding to what happened to my children. as we spoke about in the past, it was not just my daughter killed, but it was my son who was there and heard the shots. gun violence affects so many more people than those you barry. people like me that have been affected, we do this, jose, because unfortunately the next

one we know is predictable and we have to stay strong so we can help the next set of families through it. listen, to date because we elected president biden, we are taking steps that will ensure there will be fewer instances of gun violence and fewer people will die. our work goes on because we need to make sure we can elect people like president biden when i am here in front of the white house so that we continue to take the big steps necessary to solve this issue. >> fred, you spoke out on any report from the fbi that says 11,000 people were able to buy guns in 2020 and 2021 before their background checks have showed they are not able to do so. what do you believe this law will impact? >> here is the thing. that report is a complete reflection on why our work

isn't done. we need to continue to fix the holes in the background checks and that might allow something like this to happen. we need universal background checks. what this bill does do, and especially with the younger people, it puts extra steps in place. it puts fbi and local law enforcement and contacts. it extends red flag laws and it does so many important things. unfortunately there are going to be instances and that's why we need to keep fixing what we know is broken. >> fred, what are the next steps you think are fundamental that should be taken? >> this is an election year and i don't think legislation is going to happen so the next step is everyone needs to show up in november and vote for a gun safety candidate. add more of them in the senate and more of them in the house. people like the fact that we are finally able to take some

steps to solve gun violence. send more of those like the ones who got the deal done and like president biden get things done after the next election. we need the van. we need, you know, reductions on magazine limits. we need background checks. there is so much more we can do and none of it is part of second amendment rights, but it will save lives and that should be the only goal people have. >> fred, just wrapping up our conversation from which i am great, i just want your thoughts and what we should be thinking about and what we need to remember about jamie when she would have turned it 19, the day after tomorrow. and your son as well, who clearly is, you know, with what he witnessed and what he and your whole family is having to go through. i am just inking if you want to talk a little bit about jamie for us?

>> i've always talked about jamie and what a fighter she was and how thought hard she fought for those rights. my daughter, even from her grave, is part of history saving lives. i stand here today with thousands of other people who also lost loved ones who are going to be part of history knowing their loved ones are going to save lives. listen, jose, i mourn my daughter every second of every minute of every day. she stands on my shoulders pushing me forward and because of her and because of the other families and who they loved and lost, this isn't over. there is so much more we can do and with people like my daughter on my shoulders, it is going to happen. >> it is so important, fred. thank you so much. we also will be remembering and praying with and for jamie this

wednesday. i thank you, fred guttenberg , for being with us this morning from the white house. up next, it's been exactly a year since historic protest broke out in the street of cuba. the government continues to crack down on the people of cuba . a year ago today, they took to the streets throughout the island with one petition. freedom. one year later, that petition is still unanswered. you are watching jose diaz- balart reports on msnbc. balart reports on msnbc. a "take a big bite" day... a "perfectly delicious" day... >> mm. [ chuckles ] >> ...a "love my new teeth" day. because your clearchoice day is the day everything is back on the menu. a clearchoice day changes every d and multiple concussions,

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if you have one or more of these symptoms irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue or lightheadedness, contact your doctor. this is no time to wait. july 11th, just one year ago, cuba. the largest exodus from the '80s. cubans left en masse. over the last 365 days, the regime in cuba has used intimidation and extended prison sentences to crack down on people rumored to be affiliated with the protests, even those just watching on the sideline. mothers of kids who watch from

the sideline have also been arrested. at least 700 people as we speak right now are behind bars for reasons related to the protests on july 11th last year. joining us now, cuban activist and founder and associate professor of the university of pennsylvania graduate school. thank you so much for being with us. one year ago today, the entire island took to the streets asking for freedom and for democracy. one year later, where are we at? >> well, one year later, we know there is a before and after july 11th. we know that season, the people were shouting for change. there is a major change in our history and it's the fact the cuban people have already changed and the cubans haven't been able to contend that will

for freedom for being able to build a new life with in this dictatorship for cuba. of course, the aggression has been brutal. right now we are talking many of independents and activists in the island are without internet access. it is one of the first things the cubans have shut down to try to prevent the information from spreading. the whole island is at a metric level trying to prevent for those people to take into the streets and in some way, repression of course. that is also a very clear signal of the witness of the regime. >> who are the people in cuba

that a year ago took to the streets from east to west asking for freedom? who are they? >> the people from cuba that took to the streets last year our common people. they are people from the most marginalized and poorest neighborhoods. these are youth. these are mothers. these are afro cubans. these are women. these are people from the lgbtq community. it is important to acknowledge the identities of these cubans, right? it is not like these are people with political dissidents that we know a lot about in the last 63 years. most of the people of the 10,000 on the streets were people that had never taken to the streets before and this is historic. also what we are finding is it's causing the police to kill blacks across cuba, right?

it's hard for us to have these conversations because the first and foremost most important piece of this protest is an end to the dictatorship but there is a racial dynamic affecting black youth and afro-cuban mothers. just like the conversation we're having about racial justice, we should also be having this conversation alongside political justice. >> since october 1st, the coast guard says it has stopped three times the number of cubans fleeing than the year before. what is daily life like in cuba? there has been a dictatorship for 63 years. buyer things different now than they were in 1960, or 1970, or 1980? >> well, now we have much more pressure on the regime for the activism. cubans are being repressed at higher rates. we have electric outages.

they are actually not allowing electricity to many homes. you have the economic conditions. you have starvation across the island too that is affecting cubans post covid pandemic, which we were not really told. these are factors that have impacted cubans at higher rates because of the dictatorship. >> why should we care about what's going on 90 miles from the shores of florida? >> the most basic answer to that is human rights. the same human rights the people of the united states want for them. it's the same human rights the cuban people are asking for. the difference is in cuba, to go in the streets and demand those rights can cost you your life. it can cost you your freedom and safety of your family.

the cuban situation, the cost of life for the cuban people have ed list risen at least 10 times. it is 1000%. that means many families cannot send their kids to school every day because they have no foot to give them. they have no medicine to give them. people die. just as many of them died during the covid outbreak. it has spread it to seville you see and democracy. we have seen this spread it to nicaragua. all of this movement in the region. we've seen how the cuban regime together with the nicaraguan regime has risen the greatest crisis of the 40 years.

a black male in the government and a threat to the national security of this country. >> when you say it's not only an issue of human rights but also racial justice, put that into perspective for us. >> the issue when it comes to the dictatorship, it uses black cubans as a savior complex, right? because there are arguments the communist regime aligned with issues of civil rights during the '60s and supported the anti- apartheid movement, somehow this regime lined with racial justice. the evidence we have, black cubans were used as a scapegoat and the justice black cubans were asking for before 1959 was something absolutely banned through banning black society. i don't want to get off this important time today without acknowledging the cuban

activists. the activists are all over europe and united states and switzerland. there is an activist who is on a hunger strike right now. i want to acknowledge the political prisoners. they are facing fines and up to nine years in prison. our allies are active and this is what the cubans are going for. cubans and activists on the ground. i want to acknowledge their fight and their struggle because that is our fight here in the united states too. >> rosa maria paya, thank you for being with us on this anniversary of the largest pro- democracy protests in cuba in many, many years. thank you for being with us this morning. coming up, 700 cases of monkeypox have been identified

in 37 states. why one doctor warns the healthcare community should be concerned. we will talk to her about it next. you are watching jose diaz- balart reports . reports . how's the puppy? puppy's perfect. yeah great decision! ♪ wayfair you've got just what i need ♪ covid-19. some people get it, and some people can get it bad. and for those who do get it bad, it may be because they have a high-risk factor - asthma, or smoking. even if symptoms feel mild, these factors can increase your risk of covid-19 turning severe. so, if you're at high risk and test positive - don't wait - ask your healthcare provider right away if an authorized oral treatment is right for you.

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can help you save. forty fort minutes past the hour. monkeypox cases are on the rise after health experts warn more action could be taken to stop the spread. according to the cdc, there are 767 confirmed cases at this time. state health officials in florida say cases are surging with broward county quickly becoming the state epicenter for new infections. joining us now, dr. marty, doctor of infectious disease at florida international university. doctor, it's a great pleasure to see you. you said anyone doing healthcare right now should absolutely be concerned and we

should be very aware this is happening. what do people need to know about how monkeypox spreads? >> so, the most common way in which it is spreading right now is sexually. however, it can be spread through respiratory droplets. it has been spread between the contaminated clothing, contaminated towels, bedsheets, that sort of thing. children have been involved in the outbreak right now in europe and about 80% of the children are less than nine years old. mainly through household contact. there is more than one way to get infected with monkeypox, but as healthcare workers, we need to be aware some of these patients are presenting with oral lesions before they have any changes in their skin and

doing many of the routine looking inside the patient's mouth or other parts of the body can be good for healthcare workers. we need to use the same kind of precaution as we do for covid-19 patients and in addition to that, healthcare workers need to be aware of the signs and symptoms of monkeypox as to contain every possible case and not let this progress further. it is important to know the belgians have already documented people with high viral load who have no symptoms and therefore they are infectious. >> so, that brings me the question of high viral load with no symptoms. is there any way that they could be passed through towels

et cetera? is it a direct contact with open wounds or lesions? there is no symptoms, so how do you know? >> correct. so far, the vast majority of cases have been symptomatic. they have only protected three individuals with high viral loads at this time and it was a retrospective study. yes, it generally is skin to skin contact. skin lesions are chock-full of the virus. they are the easiest source of infection either for a towel or for a cut or wound or into a mucosal surface. >> beginning today, the government is set to release about 155 -- 144,000 vaccines to treat smallpox and monkeypox. is that enough? >> well, first of all, there

are two kinds of vaccines we have available at the first strategic national stockpile. ne they can replicate in our bodies and can only be given to individuals that are healthy and don't have any underlying conditions. it comes from chickens and it does not grow in ourselves, so it is safer. it requires two jabs as opposed to the older vaccines. we have to be a judicious as to who we give the vaccine too. quite frankly, it is i never our population. certainly not enough for the world facing the pandemic.

right now the epicenter is in europe, to be very clear. europe, to be very clear. wave of covid? >> we are seeing a new wave of covid. there is a new wave in the united states and hospitalizations are up around the country. in miami, they are absolutely up relative to two weeks ago. it has pretty much dominated in the united states, right now in most of europe. and there is a new variant which is more aggressive. people need to understand that yes, you may have had covid before and every time you get covid, it's more damage in your risk for long-term damage is

higher. you don't want to get covid the first time or second time or any time thereafter. you don't want it in your system and you are better off with a vaccine to reduce your risk. also continue those public health measures that reduce your risk and are reasonable for where you are and what you are. thank you this morning, i appreciate it. coming up the race to save 3000-year-old trees from a fire at yosemite national park. you are watching jose reports . jose reports .

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it is 55 past the hour and right now the fire in the sierra nevada grows overnight. it is 0% contained this morning. inches four days, the fire's torch more than 2000 acres. now let's bring in cal perry at yosemite national park, what do you see?

>> we are seeing back urns and we will try to show you what has been happening overnight. yesterday evening they lit this back burn to try to protect them pray play defense on these sequoia trees that have been here 3000 years. some 500 of them and they are lighting fires in a protective ring. firefighters tell us the fires are burning hotter and longer and fire season is year- round. take a listen. >> the fire season is longer and hotter and firefighters are exhausted. we've been fighting fires for months already and it is july with months to go. >> reporter: to compound it, this is high tourism season and part of the park remains closed . >> thank you very much. that wraps up the hour for me. and

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