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long-time trump adviser steve bannon is back in court. this time awaiting sentencing after he was found guilty on two counts of contempt of congress. we'll take you live outside the courthouse and explain what happens if the appeals court decision goes one way or another. and with just 18 days to go until the critical mid-term elections, president biden continues his mid-term push. next hour he'll give live reports touting his economic plan. plus, we'll head out west on one of the key races that could decide control of the senate. the biden administration now says it has evidence iran sent troops to crimea to train russian soldiers to use those iranian-made drones. we'll bring you a live report from kyiv. and we begin this hour with the sentencing hearing now

underway for former trump adviser steve bannon as he arrived at the federal court house in washington this morning. bannon spoke briefly thanking the press before attacking the biden administration who was convicted in july of two counts of contempt of congress for failing to comply with a subpoena from the house sixth -- the january 6th committee. he faces a mandatory minimum sentence of 30 days behind bars but federal prosecutors are asking a judge to sentence him to six months in prison and a $200,000 fine. nbc news justice and intelligence correspondent ken delanian is outside the federal court house in washington. ken, good morning. what has happened so far at this hearing? >> reporter: good morning, jose. there have actually been two quite significant developments. so far judge carl nichols ruled in favor of the prosecution that there is, in fact, a mandatory minimum sentence of 30 days. bannon's lawyers had tried to

argue that the statute was ambiguous on that point. the judge says, no, in fact, it's a 30-day minimum. the judge said he agreed with prosecutors that steve bannon has shown absolutely no remorse whatsoever after his conviction in three hours by a jury on these two counts of contempt of congress. and so now we go through, the judge will discuss what the sentencing guidelines call for in this case. the prosecution has asked for the maximum under the guidelines, which is six months. now, of course, the judge could go beyond that if he decides his conduct is extremely egregious. he could go as high as two years in prison, 12 months on each of these counts that. seems to be unlikely. then the other big question in this case today is whether the judge decides to stay the sentence while steve bannon appeals and prosecutors argued forcefully in a brief this morning that he shouldn't do that because they don't think steve bannon has much of a chance on appeal, jose. >> so what, indeed, would that appeal look like?

>> reporter: well, bannon's arguing his sort of most persuasive argument according to legal analysts is he wasn't allowed to argue at trial, that he was just relying on the advice of his lawyers, that he didn't comply with the subpoenas because his lawyers told him he didn't have to because he was covered by executive privilege, but the case law in this circuit that covers washington, d.c., says that that's not a defense. if you defy a lawful subpoena, whatever your lawyers tell you, you should have known better and you can't use that as a defense. the justice department argued that is settled case law. even if that's the basis for bannon's appeal, he should not be allowed to stay out of prison while that appeal is pursued. that one could go either way. regardless of whether he goes to jail today or in the near future or gets the stay, the appeals process is likely to take several months to a year, jose. >> ken dilanian in washington. thank you so much. now to capitol hill where we're waiting for the house

january 6th committee to formally subpoena former president trump. the committee met with lawyers and staff yesterday to finalize the subpoena a week after voting to authorize it. nbc news capitol hill correspondent alli vitali joins us. great seeing you. why has the committee not issued that subpoena yet? >> reporter: that is the open question here, jose. they've been out in public saying the subpoena will come shortly or soon. my sources initially told me to expect this in the early part of this week but, of course, here we are on friday still waiting for the official issuance of that subpoena. in part, they were meeting yesterday to finalize some of the key language in this but also to make sure on the date by which the documents and deposition requests have to be met by. it's going to be likely after the mid-terms but nevertheless, that was one of the things they were trying to hammer out here. and in terms of the case that they feel they have, in order to get the former president before them, committee members have been clear. they think that they are well within their rights as a committee but also with

established press department for asking a former president to come before them and testify. listen to last night. >> this president for former presidents and even presidents to come to congress so i think we're on firm ground. there's another question whether we actually have the time to lit at this gate the former president is famous for trying to delay things in the courts. what i'm really hoping is that he will decide that he owes it to the american people to come in and explain himself. >> reporter: that question, jose, of timing. would know in the case of steve bannon how long it took to not comply, send it over to doj, considered for criminal intent and this is a months' long process. this is the time the committee doesn't have.

of course, as we've said before, if republicans take control of congress then this committee is laid by the way side not to be renewed. they know that's why they're so focused on issuing their final report by the end of the year. also as it pertains to trump, they don't necessarily have a ton of time to lit gate this and force him to come. he is adept at running out the clock. >> ali vitali on capitol hill, thank you so much. with us now to take a closer look at this, chuck rosenberg, a former u.s. attorney and senior fbi official as well as an msnb contributor and my yeah wiley, former u.s. attorney who is president of the leadership conference on civil and human rights. thank you for being with us. chuck, what's the judge looking at when deciding the sentencing for bannon today? >> well, jose, there are a number of factors. first you look at the statute. the statute's pretty clear. there's a 30-day mandatory minimum sentence and up to one

year on each count. so for mr. bannon convicted on two counts, there's a two year statutory cap. the judge also looks at the federal sentencing guidelines that can recommend sentences for people like this. you look at the defense and criminal history. a third important factor is what the defendant says, both to the probation officer who is completing, preparing a pre-trial sentence report and to the judge today. they have a chance to speak at their own sentencing. if mr. bannon remains defiant, shows no remorse and doesn't apologize, i imagine that might be considered. >> maya, how unusual to be tried, convicted and sentenced for contempt of congress? >> it's not very common.

as we saw after steve bannon was indicted, a whole slew of trump allies, loyalists and advisers coming forward and cooperating with the january 6th committee even if it was to plead the fifth amendment right to stay silent. remember, steve bannon was indicted on contempt just a few days after a judge said, you know, this executive privilege, this idea and argument that somehow congress can't get access to white house records because donald trump says it shouldn't is just not lawfully supportable. and that's really part of bannon's problem here is that he was betting on something that he never had a credible legal claim to bet on because he never worked for the white house at the period of time that congress was seeking his testimony for. remember january 5th when he was in the willard hotel as part of that war room.

he was not a member of donald trump's team inside the white house. so the fact that he was really trying to assert legal arguments that any lawyer would have said, dude, you don't have a fact basis for this is actually part of what i think we're going to see today and also part of why it's unusual. most people usually listen to what the laws and the facts say and do the right thing. >> yeah i mean, there's also, maya, it's also not just dude, you weren't a lawyer telling him that, it's pretty obvious saying if you're not at the white house, working at the white house it's tough to claim that. a new piece that points out if trump resists the subpoena, the committee faces a number of hurdles compelling him to comply that could ultimately end in a constitutional showdown. what could some of those hurdles be? >> well, the biggest hurdle is the one that ali just mentioned in her reporting from capitol

hill. the committee's running out of time. now assuming they have all the time in the world, and they don't, jose, trump can raise all sorts of objections, including executive privilege. unlike mr. bannon, maya was absolutely right about this, didn't have executive privilege because he didn't work in the white house at the time the subpoena called for his testimony and his records, mr. trump was president. therefore, there is a claim, maybe not a viable claim, maybe not a legitimate claim but a claim of executive privilege. so the committee has a lot of problems here and my guess is we're not going to hear from mr. trump. my other guess is that if we did hear from mr. trump, we wouldn't hear the truth because he's not well acquaintwide it. but given the lack of time and given the executive privilege claims he could raise and lit at this gate, the committee faces significant hurdles. >> maya, let's turn to another investigation the federal

appeals court denied lints see graham's bid to avoid testifying before georgia grand jury investigating alleged election interference in the 2020 elections. nbc news has confirmed the grand jury heard testimony from former white house counsel pat cipollone any. what does this tell us about where things stand there? >> i think what this tells us is the noose is tightening. we're getting to a very high level of witnesses. when you're talking about a pat cipollone who we already know has provided publicly, you know, in the form of the january 6th committee testimony that we've heard, public information that says, i told him. you know, i told him that this was bad and wrong. i told him we shouldn't do this. that's it in a nutshell. when you're running an investigation and let me just say, you gave me a promotion, jose. i was an assistant u.s. attorney not u.s. attorney like chuck and on the civil side, but the point

here about the grand jury and about all the evidence and testimony that grand jury has been gathering, the fact that there's 17 targets that we don't know all of the who there, but targets in this investigation, the fact that they're high-level witness with direct information, including information directly connects to donald trump who's directly connected to the action here at issue in georgia on interfering with the georgia election, that is significant. it tells me they're getting close to making whatever decision they're ultimately going to make. >> chuck, turning to the mar-a-lago investigation. "the new york times" says former president trump is claiming several documents on pardons and immigration policy that were seized during the search of his mar-a-lago estate, his personal property. justice department says those records are records that should be deposited with the national archives. so, chuck, who owns these types

of documents? is it the former president or the national archives? >> in a stunning development, jose, former president trump got it wrong. those records belong to the national archives and to the american people. remember, he's come up with a slew of nonsense si call reasons to either dispute the validity of the search or to claim ownership of the records. he said he may have declassified some records in his brain. he also accused the fbi of planting records. by the way, those are mutually inconsistent. so simple answer to your good question is mr. trump doesn't own these records. american people own the records and the department of justice is precisely correct. >> chuck rosenberg and maya wiley who i always identify directly as being the star, i thank you both for being with us this friday morning. still ahead, the illness that's surging across the country putting a huge strain on

some hospitals and it's not covid. we'll talk to a doctor about what you need to know. first, the state department says it has evidence that iran is interfering in the war of ukraine on russia's behalf and it involves, well, not only hundreds of those drones that are causing so much death and destruction but also troops on the ground. you're watching "jose diaz-balart reports" on msnbc. ♪ will you make something better? ♪ will you create something entirely new? ♪ our dell technologies advisors provide you with the tools and expertise you need to do incredible things. because we believe there's an innovator in all of us. (vo) with verizon, you can now get a private 5g network. so you can do more than connect your business, you can make it even smarter. now ports can know where every piece of cargo is.

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18 past the hour. the biden administration says it has evidence iran sent troops to ukraine to help train russian soldiers on how to use those iranian made drones. now according to national security council spokesperson john kirby, iran's drones were suffering failures so iran decided to send in troops to assist with russian forces. right now civilians across ukraine continue to face rolling blackouts after ukraine says russia airstrikes have hit at

least 30% of ukraine power stations. reuters reports citing russian state media that the u.s. secretary of defense held a phone call earlier today with the defense minister. joining us this morning from kyiv nbc news correspondent cal perry. also with us is rick stengel, former under secretary of state for public diplomacy and public affairs and an msnbc political analyst. cal, what's been the reaction on the ground to the news that iranian troops are actually on the ground training russians on how to use these deadly drones? >> reporter: so i think for people here, jose, good morning to you, it's a little bit of the micro versus the macro. the micro is your everyday life. the news leads with there are drones exploding in these neighborhoods targeting these things, the power is out here and the power is out here. later on it's the macro. who is pulling the strings behind the scenes. who is supporting russia. the intelligence services have

said iran is helping to support the russian war effort. it is the more recent war effort that the drones are coming into play. we know that these drones are a vital part of what vladimir putin is trying to accomplish here, which is to make the ukrainian home front unlivable. to knock out the power, make it cold, make the water go off so people have to leave the country. we heard from president zelenskyy talking to european leaders warning them there could be a mass migration of people fleeing this country into europe. jose, after eight months of war that would be the second wave of migration. i will tell you the government is more and more concerned about a hydroelectric dam in the southern part of the country just north of kherson, the town we've been talking about a lot. last night president zelenskyy saying the russian soldiers have placed mines around that dam. he's worried, as he put it, that an act of terrorism could flood everything down river and flood the city of kherson, jose. >> cal, i think it was earlier this week you reported that the drones are being -- you know,

they're just so low tech in so many ways. i think you called them the moped with wings, that they're being extremely effective. >> yeah. look, they're effective because, again, i think at the beginning of this, at least when this barrage started ten days ago, it was confusing to the air defense systems. they were coming at the same time as the rockets. talking about different speed, different altitude, completely different weapon. i think the air defense systems, this is me reporting what i've seen, not what officials have told me. i think the air defense systems are doing an incredible job of shooting these down. we hear throughout the day it's not clear whether it's air defense or something on the ground. i think that speaks to how well the air defense systems are working, jose. >> cal in kyiv, i thank you so much for being with us. rick, let's talk a little bit about this because it seems clear there is an escalation of iranian involvement in the

russian invasion. is it not another thing to send troops on the ground to train these russians? >> yes, jose. it's a disturbing thing. iran has been considered a state sponsor of terrorism for decades now by the state department. their military is regarded as a terrorist organization. it's one thing to supply these drones, however, old-fashioned they are. it's another thing to have iranian troops there. but, again, it's another sign of russia's desperation, russia's dwindling supply of weapons. russia's dwindling supply of troops that the iranians have to send their soldiers all the way to ukraine to help the russians operate systems which the russians themselves should have. i mean, the reports, the depletion of russian intelligent weapons. by the way, that's an oxymoron.

russian intelligent weapons. their depending on the iranians is not a good sign. >> indeed, it isn't. do you think, rick, having iranians on the ground, could that impact the calculation the biden administration has to make when, you know, talking about assistance or even weaponry? >> well, it's already altered some calculations. i saw the state department spokesperson yesterday was asked how will this affect the p 5 plus 1 talks, the so-called iran accords. he said, look, that's academic now. that's on the back burner. there are these gigantic evolutionary protests in iran against the regime and we should be supporting those. so it's affecting a lot of things, but what's going on in ukraine is sort of moving everything aside for now.

>> yeah. and i'm so glad that you mentioned those protests against that regime that has been in place since 1979. we're seeing such massive important calls for change and for freedom. rick single, always good to see you. i thank you for being with us this morning. up next, the nevada senate race and it's neck in neck. have the candidates there done enough to reach a critical group of voters? we're live next. you're watching "jose diaz-balart reports." the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms. and in clinical studies, had no substantial impact on weight. this is where i want to be. call your doctor about sudden behavior changes or suicidal thoughts. antidepressants can increase these in children and young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion,

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28 past the hour. with just 18 days until the november mid-terms president biden is touting his achievements on the economy today in his latest push to keep democrats out of congress for -- to control congress, i should say, for the remainder of his term. in the next hour the president will discuss his administration's efforts to reduce the deficit. he will then later today deliver remarks on the student debt relief program. it comes as the economy remains a top issue driving voters to the polls this critical mid-term season. joining us is nbc news senior

white house correspondent kelly o'donnell. also joining us this morning, former republican congressman david jolly. david is now an msnbc political analyst. kelly, what can we expect from the president's message today? >> reporter: well, the economic message is such a big part of the mid-term message because certainly the president knows and the white house understands that the economy and all its different components from gas prices to inflation to what people are concerned about in long-term economic realities are important. so expect him in the 11:00 hour to be talking about deficit reduction. his administration touts a figure of dropping the deficit by a very substantial, more than $1 trillion. that is in part because in the prior administration there was so much government spending related to covid and a lot of that has pulled back and so there is a deficit reduction as a result of that and president

biden will claim that as part of the strategy. trying to argue especially when republicans on the campaign trail are talking about issues like the economy, like deficit reduction and like a different philosophical view about how government should deal with the economy, the president wants to get some credit for that and wants to articulate what his administration and his policies have done. we'll also hear him today talking about his student loan relief program which is also a hot button issue. there are those who are very excited about it and there are those who are enraged by it briefing that it is giving something away at a cost to others. and so today we'll hear from the president later this afternoon about student loan relief where the administration says as many as 40 million americans could see a substantial amount, some, all of their student debt wiped out based on incomes and the types of loans they have. there have been some legal

challenges raised by republican-led states and so far those have not prevailed. the website is open for those who want to apply and the president believes this is a way to try to bring relief to americans in economic terms, something he says he has the authority to do. republicans question that. what a way to try to bring some economic relief to americans in a way that he thinks he can take an action and see a benefit. if he can't bring inflation down, this is a way to put money back in people's pockets by not having them to have to repay the loans which will begin again after the covid period come january. jose? >> so, david, what do both parties have to do to convince voters that they're the authority on the economy? >> yeah. so, look, the economy continues to rate number one or two in all polling. kelly's exactly right on that. so you see a president trying to lean into the issue, but in an environment that is not particularly supportive of the incumbent president. the economy is going sideways or

down but there are some bright spots to point to. i think what joe biden is trying to achieve, jose, is the contrast between democratic leadership under joe biden trying to take a responsible approach to growing the economy and the irresponsible approach, as democrats would want to label, the republican response on the economy. joe biden a more sober leader, republicans a more reckless leader. that is the wrestling with the economy. the numbers still show that the american people do not have the confidence in the economy that they used to have, but joe biden is making the case that he has a plan getting us back to stable ground. it's a hard case to make but a necessary one because voters wants want to know what are voters going to do on the economy. >> i want to bring in garrick haque who joins us from las vegas. garrett, good to see you. the polls there in nevada show a tightening senate race. what role is the administration playing in this race?

>> adam laxalt is leading and within the margin of error. as for the administration there,'s only one candidate talking about joe biden and that's adam laxalt. he's running as catherine cortez masto is a rubber stamp. most of the polling has joe biden under water. some of the administration's under water. for her part cortez masto isn't talking about the president's policies. she's walking a tight rope. she's talking about the bipartisan achievements without leaning too hard into a president who just narrowly won this state in 2020. adam laxalt saying where have you been, senator cortez masto. here's some of the debate last night. >> the last six years she left behind latinos in this state. she did not represent them.

she has been working so hard to try to regain this vote in the last weeks if she represented the community. they're very upset. >> he's opposed bipartisan work that's been done in this state and he's opposed to jobs and growing the economy and the chips and science act and even inflation reduction act. there's an extreme radical agenda that he is literally leaning into because it's for his own political gain. >> reporter: you hear that word extreme, jose. that's going to be a big part of the closing message from the democratic incumbent trying to disqualify adam laxalt. helped him challenge the election results here. try to classify him as too extreme for this state. expect to hear a lot of that in this race in the closing weeks. >> garrett, this is the first major election since the loss of major player in nevada politics, harry reid.

is the reed machine still on the ground there. >> you can't overstate harry reid. the machine is still very much in play. so much of that rests on the back of the culinary unions here in las vegas. they represent the workers at the casinos. jose, i've covered elections all over the country. i don't know if there is a better, morphinely -- more finely tuned machine. they know the turnout machine that harry reid, culinary union and the nevada democratic party they built together can get them a couple points. they are very weary, republicans are, for a slight boost in the turnout to make a difference. i think we're going to be up very, very late watching this state on election night, jose. >> going to be interesting. david, meanwhile, in nevada, latino voters make up 21% of the electorate. democrats are growing more concerned about the soft support

from black and latino men. is either party doing enough to reach these communities? >> well, i think latino leaders might answer that question in the negative, but what we do know is republicans are making some in roads in some places. we are seeing the election of more hispanic and more latino republican officials and republicans will brag about that. clearly the democrats have a strong hold among the latino community. i think what we're going to see in nevada, it's a real melting pot and you have a number of white, uneducated college -- not college educated, i should say, particularly male voters growing in the demographic. you have the question around latino and hispanic voters. nevada could come down to do voters think we're going in the right direction or wrong direction? this might be the ultimate swing. one of five states who decides who controls the senate come november 9th. >> david jolly, kelly o'donnell and david haque.

thank you for being with us. reminder, we're going to bring you president biden's remarks on student debt relief live at the 3 p.m. hour, 1 p.m. pacific. meanwhile, supreme court justice amy coney barrett has rejected a request to stop the debt relief program. a wisconsin taxpayer's group filed an emergency order saying it would cost taxpayers more than $1 trillion while bypassing congress. in denying the request barrett was responsible for emergency applications from wisconsin appeared to act on her own without consulting the other justices. she did not give an explanation which is not uncommon. in a separate case, federal judge rejected a similar request brought by six republican-led states saying they lacked legal standing to block the program. meanwhile, the pent gone is announcing it will pay travel expenses for service members seeking abortions. in a memo defense secretary lloyd austin ordered the defense

department to, quote, establish travel and transportation allowances for service members and their dependents as appropriate and consistent with applicable federal law. the defense department says it's trying to reduce the burden and cost for those forced across state lines for reproductive care. since june all or most abortions have become illegal in 13 states. up next, winter is coming and there's more to worry about than covid this year. talk to a doctor about all of that next. you're watching "jose diaz-balart reports." ♪ ♪ ♪ ♪ ♪ ♪

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meanwhile, we are following a developing story from louisiana. at least nine people were shot overnight near a fraternity house at southern university and a&m college. none of the injuries appear to be life threatening. no comment yet from the school. and now to an alarming rise in respiratory illnesses among children across our country. cases of a virus known as rsv are increasing by the day and it can lead to severe infection and actually pneumonia in children and older adults. many hospitals now saying their pediatric beds are full. nbc news's gabe gutierrez has more. >> reporter: this morning doctors and nurses nationwide sounding the alarm over an unprecedented rise in respiratory illnesses among young children. nearly 75% of the country's estimated 40,000 pediatric hospital beds are now full. connecticut children's hospital

in hartford is in touch with fema and the national guard about putting up a medical tent in its parking lot. other hospitals are also stretched thin. >> the majority of the children are coming in pretty sick. they're requiring higher levels of oxygen than they would normally require. >> reporter: rsv usually causes mild cold-like symptoms but infants and older adults may develop severe infection because their lungs are weekend. at yale new haven hospital there are now more than 100 rsv cases in the emergency department. that's nearly double from just a week ago. have you ever seen numbers like this before? >> definitely not as high as we've been seeing them now and i would also say from over the years, just like the acuity in how sick the kids are is much higher than it's been ever in the past. >> reporter: doctors say this may be the result of young kids having relatively little exposure to other viruses. >> a lot of kids haven't seen

rsv and they're seeing it all at once and it's leading to a big strain on our resources. >> in columbus ohio this mother is keeping watch over her 2-month-old son. >> it was a big struggle to get a breath of air. >> his diagnosis, rsv. >> if you've seen a child in that kind of distress with that labored breathing, it's the most terrifying thing as a parent because you're completely helpless. >> our thanks to gabe gutierrez with that recording. joining us is dr. kavita patel, msnbc medical doctor. rsv generally presents like cold-like symptoms but could become more severe. what should we as parents be looking out for? >> reporter: jose, you heard a little bit of it in that clip. you should be looking for any child -- by the way, it does affect older adults as gabe mentioned. looking for signs of distress and especially under 12 months

it can just be something like fussiness, not wanting to eat. those can be the precursors to distress. by the time you get them to the hospital, they have to take more drastic measures, put them on machines to help them breathe. we want to identify early. good news, there's a rapid test we're all running. it can test for flu, rsv and covid all at the same time. the key is getting to a health professional early. >> oh, wait. it's not one of those like with covid where you send out, going to the shelves and getting it off the shelves. no, it's not as convenient as you would like, but it is something that all doctor's offices, most any urgent clinic in the emergency room. they have these rapid panels so we can check literally within 15 minutes to see what's happening

because we've got higher flu cases. you need to know whether or not they have flu, regular common cold or covid or rsv. >> doctor, turning to covid. dr. fauci says the new omicron subvariants are pretty troublesome. what should we know heading into winter? >> yeah. all right. i'm going to -- i feel like i'm constantly coming here telling you about these variants. i'm going to add another one to your list, jose, xbb. we're watching it closely. xbb is a product of the ba. 2 variant. haven't heard that in a while, right? we're seeing this emerge in singapore where it's causing increased hospitalization. we have seen more variants in the united states but they are not causing increased hospitalizations, they're just responsible for more cases. but when we start to worry is when we see shifts in the global trend of more home hospitalizations. i'll be keeping you posted on

xbb. >> thank you. >> it could evade our immunity from the most recent booster. >> hold on. wait, wait, wait, wait. >> i know. >> this xbb thing possibly doesn't fall into the booster -- the latest booster? >> we -- that's one of the things we have to watch for. whenever you're going into this with new variants where you see an untick in a population that might have been recently boosted or vaccinated, we have to wonder what happened. is it mostly unvaccinated, boosted people, which booster did they get. we'll tease apart that data. that's why you heard not just dr. fauci but the world health organization saying, listen, people, this is still a global pandemic. be smart. have a good holiday season but don't let your guard down and get tested so we can get treatments to you for whatever you might have, whether it's the common cold which i wish i had treatment for that, rest and chicken soup, and all the way to covid-19 where we do have

treatments people can get access to. >> no vaccine for the new thing we're talking about either, right? >> xbb, not a tailored one, no, not the newer vare want. because it's a product of the ba. 2 variant we think we will have some coverage. the typical story, jose, we have sack seens that will work. every time a new one comes it makes it a little less effective. bottom line if you haven't gotten your updated booster, get it now because it'll kick in right in time for the holiday season where we might start seeing more cases of the xb variant in the united states. >> i'm sorry to interrupt. how long after you do this, fifth or something booster, does it kick in? >> kick in? >> remember, we get an initial spike -- you start seeing antibody elevation within 48 hours. you get that peak for when you have the most active antibodies about two weeks after your booster. if you're trying to time it for thanksgiving, you can work

backwards and get it two to three weeks, which is in the next couple of weeks, which is good news for most people. >> dr. kavita patel, it's always great seeing you. thank you. and we'll be right back. you thank you. and we'll be right back. wi. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. (vo) with verizon, you can now get a private 5g network. so you can do more than connect your business,ith merrill, you can make it even smarter. now ports can know where every piece of cargo is. and where it's going. (dock worker) right on time. (vo) robots can predict breakdowns and order their own replacement parts. (foreman) nice work. (vo) and retailers can get ahead of the fashion trend of the day with a new line tomorrow. with a verizon private 5g network, you can get more agility and security. giving you more control of your business. we call this enterprise intelligence. from the network america relies on. my name is tonya, i am 42. as mother of nine kids,

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we start with this breaking news, any moment now, we're expecting a sentencing for former trump adviser steve bannon for the contempt of congress after defying a subpoena from the january 6th committee. prosecutors asked the federal judge to sentence bannon to six months. let's bring in ken dilanian. he's outside the federal courthouse in washington. what's the latest? >> reporter: jose, the judge took a break to consider the sentence and he came back into the courtroom. literally, any second now, we could hear about a sentence for steve bannon. perhaps the most interesting thing that happened before that was -- first of all, steve bannon declined to speak to the court. he said his lawyer spoke for him and that lawyer told the judge that steve bannon had nothing to apologize for in this case.

they are utterly defiant. this after a ruling by the judge that he agreed with the prosecution that steve bannon had shown no remorse whatsoever, having been convicted by a jury on two counts. citizens every day respond to lawful subpoenas and other orders from courts. bannon ignored this lawful subpoena from the congress and now the judge is about to impose sentence. the government has asked for six months. the judge has ruled that a mandatory minimum applies here. it would be at least 30 days. for a misdemeanor like this, it's unlikely he would be taken into custody in the courtroom. he's very likely to be released and then will give -- will be given a time and a place to report at a later date, jose. >> ken dilanian, we will be sitting right beside you there when this news break. thank you very much for being with us. that wraps us this hour for

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good morning. i'm jose diaz-balart picking up another hour of coverage. it's 11:00 a.m. eastern, 8:00 a.m. pacific. and right now our eyes are