good day. i'm chris jansing live at msnbc headquarters in new york city. january 6th committee members fresh off a sunday meeting, trying to nail down the question of who might be subject to criminal referrals. but that's just one on of a series of crucial choices that need to be made by lawmakers before the end of the year. plus, the man believed to be behind the 1988 lockerbie bombing expected to appear in court this afternoon. 34-year long wait for swrts made it hard tore get a conviction. a new tool unveiled to fight hate in one of the country's largest cities and the stark warning about what happens if we don't deal with the it now. on capitol hill, lawmakers are wrestling with critical decisions down to the 117th congress. this three examples this week to start. government funding is set to run out friday with the potential

shutdown to follow. and members can't even agree on a top line number. one of the most hotly anticipated decisions is coming from the january 6th committee. month will be named in the criminal referrals. >> we're looking at what is the quantum of evidence we have against individuals. what is the impact of making a referral. are we going to create a suggestion by referring some that others there wasn't sufficient evidence when we don't know what evidence is in the possession of the justice department. if we do make referrals, we want to be careful about how we do them. but i think we're all certainly in agreement there is evidence of criminality here and we want to make sure that the justice department is aware of that. >> i want to bring in nbc's capitol hill correspondent ryan

nobles, peter baker, curt bardella previously served as house oversight committee for republicans, and civil rights prosecutor, msnbc legal analyst. charles, look, we know doj doesn't have to do anything with a criminal referral. we have a committee full of lawyers who understand presumably what would need to go into an indictment. what would criminal referrals tell us. >> it is important to understand there are different types that can come from congress. in this case we actually don't know which of the two are germane to january 6th they will seek to send over. one will refer to acts of crime that have been committed against congress. so, for example, a failure to adhere to a subpoena or contempt of congress. that could be something that is referred to the doj vi-a-vis trump or anyone else who failed to appear after being pressed to

comply with the january 6th committee. you have another type of criminal referral september in terms of general crimes in terms of things people have committed not necessarily against congress. there is a litany of october from january 6th there. in terms of what we will learn, probably not very much in terms of what is disclosed. we will likely learn who a referral is made about and possibly the charge. but the information is going to be in most cases nonpublic and they're not going to disclose that in terms of what they turn over to the doj. >> ryan, do we know anything about what came out of the meeting sunday and are we hearing about agreements or agreements about where this is going? >> well, we know they made progress, chris. this is still an ongoing debate about how many criminal referrals to hannover and the scope of those criminal referrals. in general, the committee members appear to be on the same page. it is a matter of finalizing what they want to hand over not

just to the department of justice but other federal agencies as well. one of the things committee members have said over and over again they don't want this to be a 5-4 vote to hand over a criminal referral. they want unanimous consent on their final report. it is going to include any referrals if they do determine that. it's making sure that every single member, all nine members feel comfortable with the language that eventually gets sent over to any agency within the federal government and the final report in totality. so i'm told they're going to take a step back the next couple of days and review the initial draft of the final report, offer up any potential changes that will need to be a part of it. keep in mind, outside the referrals, we're talking about a voluminous report that could be as many as eight chapters that include dispatches from the many different teams that worked on investigating what happened in the days leading up to january 6th and on the day itself.

they've set themselves a deadline. the chairman wants this all wrapped up by december 21st. so the clock is ticking. >> boy, is it. peter, there has been a lot of noise about investigating the investigators when they take over in january. but not everyone agrees lindsey graham is more interested, for example in the hunter biden story. where do you see this going? >> well, the reason why they would rather focus on hunter biden is they don't think they can defend former president trump on some of the allegations being made against him. other than attacking the investigators, there hasn't been much of a defense from trump's republican allies on, for instance, the taking and withholding of classified documents at mar-a-lago. they explain the search was somehow an overreach.

they would rather focus on hunter biden. they would rather focus on other topics where they can make headway, they believe, against president biden and the democrats. and because defending former president trump on the merits is something that leaves them very uncomfortable. >> so, curt, congressman jim comber is expected to lead the oversight committee. he was on fox talking about what he plans to do. >> the democrats have had the majority in both the house and the senate. and they've completely turned a blind eye on the biden administration, to their disastrous policies, to their runaway spending and to the elephant in the room, this influence peddling that this family continues to do. we are basing our investigations on evidence. everything we have brought forward we have reason to believe is from an investigative or oversight standpoint. >> you wrote an op-ed talking

about the witch hunts. >> well, here's the bottom line. republicans in congress are liars. we just saw jimmor don, who would be the chair of the judiciary committee go out and say in a public hearing his committee didn't sweet that kanye, elon trump tweet when they actually did. if they're willing to lie about fundamental things like that, they're willing to lie about everything. not to mention, mr. comber, the committee led by ron johnson did an investigation about hunter biden stuff already, and they didn't find anything. the republicans are trying to make something up. they will make the accusation first and hope the investigation they want to launch will cover it. that is why it is a taxpayer funded witch-hunt. after benghazi he said the goal of the committee was political, to take down hillary clinton. they are drawing back to the playbook hoping by the mere appearance of anything they can

go after a private citizen, who never served in the admin administration, never served in federal government, didn't work in the west wing unlike jared kushner and ivanka trump f. the ron they took away from the midterm was to launch investigations and not talk about issues that affect everyday americans, they're going to keep losing election after election. >> you argue that the senate democrats should use their oversight power more aggressively in the new congress. so explain that. >> well, because we actually have factual information that shows jared kushner got $2 billion shortly after leaving the white house from saudi arabia. we know jared and ivanka worked in the white house in the administration as president trump and his family reaped the benefits. we know for a fact that they billed the secret service and that money went right into

donald trump's pocket. those are legitimate threats of oversight. jim jordan, comber, it is a phishing expedition. they don't have any proof of anything. they hope they can make statements and find ways to back it up. >> kevin mccarthy said any republican out there trying to work with democrats right now is wrong. so if they're going to come up with a deal to fund the government and avoid a shutdown, obviously the two sides have to work together, right? how do you think that is looking right now? >> well, look, the democrats can pass, you know, a spending bill by themselves and the house. the question is the senate. where they need of course republican cooperation. that's what they're looking at. there are republican equities here, basically. they want a reason to want an omnibus bill. they are in favor of defense spending, a continuing resolution to keep everyone at the same level the next year. would it be bad for the pentagon?

they have their own interests in creating a deals even if kevin mccarthy is emphasizing partisan conflict. of course he is trying to satisfy his most conservative members as he is seeking to win with a narrow majority. that's not where mitch mcconnell is. he has more influence at least until january 3rd >> one person we know has quite a bit of influence with speaker mccarthy, perhaps speaker to be mccarthy, is marjorie say taylor greene. she talked about january 6th over the weekend at a dinner saturday night and has just confirmed that she said this. i will tell you something, if steve bannon and i had organized that, we would have won. not to mention, it would have been armed. she claimed to our team today those were sarcastic comments. but do they have any potential legalism indications? >> i don't think they have potential legalism indications. but i think things like this have to be remembered and have

to be addressed very seriously. it is not enough for someone to say this was sarcastic or joking. because if, in fact,, we find out that someone acts on what she has said under the guise of i was following taylor greene's speech, that is something she could potentially find herself in hot water under. even as we have seen so much come from the committee where people have said i came to washington because donald trump told me to, and those people are now facing criminal prosecution, this is an example where people haven't learned their lesson. they aren't taking it seriously. while this comment may not have criminal implications, it's not a stretch to believe that someone may follow those instructions and decide they're going to take up that mantle. it could be linked back to her and it should be taken

seriously. >> thank you. a key suspect in one of the worst terrorist attacks in history will be in court this afternoon in washington, d.c. it took investigators more than three decades to arrest the alleged bombmaker following the downing of flight 103 in lockerbie, scotland that killed 270 people, including 190 americans. >> it's taken 34 years to get this far. and so we want this justice fast. >> it's surreal. it's overwhelming. i don't even know if i have the exact words at this moment. >> nbc's molly hunter is following the story from london for us. charles coleman is still with me. molly, this is a culmination of a decades long investigation. >> reporter: chris, this is a huge deal. and i think actually there's so many unknowns still after 34

years. you heard from the victims's family members. 34 years is a long time to wait. two big questions we have had since the doj announced that mehsud would be in court today. first, how did he get into u.s. hands? we understand the doj charged him with two criminal counts two years ago. that was even three years after u.s. officials got their hands on a confession tape he gave in 2012. that is a long time even for victims to have to wait. and understood that was all happening. a lot of twists and turns in that. so there has been -- that's the first question, how did he get into u.s. hands. second, is that confession tape going to be admissible. that will be a legal question we will find the answers to in the next coming weeks and months. back in 2001, there has been an international lockerbie trial. one operative was arrested. but the investigation at the time was that he was not the

only one, that there would be more coming if they could get the evidence and the cases together. that is what victims have hoped for. i want to share more sound from paul hudson. his daughter was one of the victims. take a listen, chris. >> she lost at least three-quarters of her life. her belongings were scattered all over the lockerbie, scotland. we got her passport and her notebook. and the notebook had the quote, no one dies unless they're forgotten. and i have tried to live by that. >> you tried to remember her always. >> it's an everyday thing. and of course this time of year with the anniversary, it gets stronger. >> the anniversary of course four days before christmas, chris. we will expect to see the mehsud in court in the arraignment at

3:00 p.m. it was supposed to be 1:00 p.m. we do not know why it was delayed. >> 34 years is a long time. how much of a complicating factor is that and what about this confession, this alleged confession. >> you know, chris, looking at this from the standpoint of a former prosecutor, a case like this, trying it is a nightmare. 34 years of evidence that may not necessarily be fresh anymore. you don't know if you will be able to get all the witnesses in. even as molly talked about, with the case that did generate a conviction, you are not necessarily able to transfer all the evidence from that trial to a trial like this. it creates a wealth of different complications for someone who is trying this case. with respect to the actual confession itself, i would expect that defense attorneys are going to fight tooth and nail to try to keep it out. without that, they don't have as strong a case because of the

challenges around how do you get certain pieces of evidence in if you don't have witnesses to authenticate them. it will rise and fall on the admissibility of the actual confession. we don't know the circumstances under which law enforcement was able to secure that. so it's unsure right now as to how admissible it will be. but that will be a key element and factor in terms of how this all plays out >> charles coleman, thank you for coming in today. molly hunter, thanks to you as well. also in a washington courtroom today, the justice department is launching a new case against members of the oath keepers trying to prove more seditious conspiracy charges january 6th. this case involves four members that prosecutors say plotted with stewart rhodes to stop the transfer of power, including two of them who allegedly took part in the insurrection. the case comes less than two weeks after rhodes and kelly meigs were convicted of

seditious conspiracy. the new revolutions about the opportunity the trump administration had. and combatting hate crimes and the troubling data out of l.a. and 50 million americans under the threat of brutal weather. what's coming next? you're watching "chris jansing reports" only on msnbc. "chris jg reports" only on msnbc it has been a long road, but now i'm working for schwab. i love to help people understand the world through their lens and invest accordingly. you can call us christmas eve at four o'clock in the morning. we're gonna always make sure that you have all of the financial tools and support to secure your financial future. that means a lot for my community and for every community. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill,

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against donald trump who is now admitting he could have freed paul whelan but didn't. he turned down a deal with russia because he thought releasing viktor bout was too dangerous. at the same time he criticized president biden for not including former marine paul whelan in the deal he made for grittily -- brittney griner.

>> my brother pleaded for president trump to tweet about him during president trump's term in office, and president trump didn't. and now for him to talk about paul at all is really offensive. >> let's bring in morgan chess sky in san antonio. peter baker is back with us. peter, president trump had more than two years to try to free paul whelan but fiona hill said he didn't have any interest in the case. >> president trump wasn't especially interested in engaging in that swap for paul whelan. he was not particularly interested in paul's case in the way that one would have thought he would be. >> so, peter, you covered both administrations. you were moscow bureau chief at the "washington post." what do you see at play with two different decisions, two different administrations and why was it no on whelan this

time? what's putin's play? >> these are very hard decisions for presidents to make. they are put in the position of trading away something of value, not just the particular prisoner you might get back but the american credibility, the risk that you are telling people that you can be forced into giving something up. that's a tough tradeoff for president trump or president biden. but what you see here is former president trump having it both ways. he is saying, well, he should have gotten paul whelan out for the asking but in fact, he didn't ask president putin to get him out when he had a chance for two years. that's the issue with president trump. he likes to pretend other people could do things that he himself didn't or couldn't have done. why was paul whelan not released this time? they have made him into a spy. most people will tell you that's not true, there is no basis for that. he's been denied by the government. bus he was convicted of

espionage they won't release him for someone seen as an agent of a government. they are trying to get a prisoner from germany. they said no. they refused to release paul whelan since they didn't see anyone as being equivalent. >> griner returned to the basketball court yesterday and someone who is doing well, back in the game. nbc news spoke to her lawyer today. take a listen. >> even viktor bout, in his first interview, he said that when they were crossing in abu dhabi from one point to another, brittney was smiling. that's just brittney.

really great permit. so this really helps her. >> that's another great image of her walking by the man she was exchanged for and smiling. i wonder what you are hearing now about how she does seem to be doing. any other information about how long, for example, she might be in san antonio? >> reporter: yeah, chris. very encouraging news. we know she and her wife are being held at fort sam houston, not too far from where i'm standing. according to espn, all reports are good ones. you mentioned that trademark dunk being one of the first moves she pulled out in a light workout on the basketball court. brittney is expected to make a statement later this week. playing for the phoenix mercury is entirely up to her, according to her agent. but according to this reporting, we have heard that recovery back home in the united states, here

in san antonio, so far, so good. family and friends have been visiting her there at fort sam houston. we know a special delivery of barbecue from a local san antonio institution was delivered for brittney to share with her family. so far so good. all eyes go to the statement she will make later this week on whether or not she will return to play in the wnba. chris. >> it is wonderful to hear all of those things. then that takes us back to what you were talking about, peter, which is paul whelan and what happens there next. you have written extensively about what you just mentioned, which is vladimir putin seems to have a particular interest in this assassin. but where do those negotiations go? and i assume nobody puts much stock that he said earlier a deal could be made. >> yeah. president biden has vowed to push for paul whelan's release.

the problem for americans is they don't have somebody in custody who is an equivalent to what paul whelan is made out to be by the russians. they don't have a russian spy in american hands to trade. so the question is what could be dup. what kind of arrangement could be made. president putin said that about a trade being possible. it's a very frustrating situation for paul whelan's family. they're very, i think, dismayed by the fact that he has been there now four years on what seemed to be pretty much trumped up charges. and he has been left behind one more time. this is the second trade we have had with the russians this year in which he was not part of it. it's a grim picture for them as they head into this holiday season. >> thank you both, guys. appreciate it very much. the body of american sports journalist grant wahl is now back in the united states. wahl, you may know, died

suddenly, while covering the world cup. the state department says wahl's arrives arrived at jfk airport this morning, accompanied by an official from the u.s. embassy in doha. he was detained for wearing a rainbow shirt expressing saurd airport with the lgbtq community. you may recognize his wife. she posted these photos on twitter. wahl was just 48 years old. and the u.s. olympic and paralympic committee says russian athletes should be allowed to compete in the 2024 perisic paris olympics. one stipulation, they don't compete under the russian flag or russian colors. the head of the u.s. committee's board of directors says the change is important to order to

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today a gruesome scene in iran where the government hanged a man challenging the country's theocracy. the protest the began in september over the death of a 22-year-old woman arrested by the country's morality police. in the three months since, nearly 20,000 people have been detained. nearly 500 have been killed, according to human rights activists in that country. iranian media says the man executed today was allegedly responsible for the fatal stabbing of two security officials. ukrainian officials say the recent liberated ukrainian city of kherson has come under massive fire today. those increased attacks coming hours after ukrainian president zelenskyy thanked president biden in a phone call for what he called unprecedented support from the u.s.

what are you hearing about the attacks in kherson. >> reporter: so the regional government of kherson says the city of kherson was attacked by russian forces, killing two, injuring at least five. that was an attack this morning. this is a community that spent months under russian occupation. after russian forces retreated from the city, they still have continued to shell the city from the other side of the river. it has just become too much to bear. we met one couple in kyiv this weekend who had just recently fled from kherson. they said their house there, they had no electricity, no heat, no access to running water, and the shelling was just

constant. she said sure nerves couldn't take it anymore. so they decided to leave, head to kyiv to stay in a friend's apartment. even far from the front lines they say they still do not feel safe. listen. >> i don't think we are safe here either. all areas are under russian strike now. >> reporter: because we have seen this consistent attack on ukraine's energy infrastructure since early october, you have the situation where we are talking about these massive missile strikes and the outages that follow. there is a situation here where energy officials say 50% of the country's energy infrastructure is damaged. even if someone is living in an area where they weren't under a missile strike and in an immediate blackout, they are still dealing with rolling blackouts because the consistency damage the grid and

the infrastructure so much they have to cut power in different areas at different times so the system itself can still stay up and running. this weekend there was a strike in odessa that left saturday night 1.5 million people without power in that city alone. but it's not just odessa. this is happening every day all across the country regardless of large missile strikes. the large missile strikes have been happening almost weekly since october. chris. >> allison barber, thank you so much. appreciate that update. a rare shooting in rome left three women dead. one of them a friend of the italian prime minister. the italian newspaper quoted a witness at the scene who said a man entered the coffee 1407 shouting, i'll kill you all, before he opened fire. the 57-year-old suspect had been previously reported for making threats against local residents. the community of moscow,

idaho is still searching for answers and closure one month after the brutal killing of four college students off campus. a somber winter commencement was held over the weekend where four victims were remembered with a moment of silence. one of them was supposed to be among the graduates. she had been planning to move to texas and take a new job. >> they were taken from us far too soon by a senseless act of violence. >> officials are still looking for more information including a white hyundai ilan extra. meantime, they are warning students to travel in groups. hate crimes in los angeles soar to the highest level in two decades. what's behind the spike? one on of the founders of an organizers joins me next. organizers joins me next so am i. because i'm at risk for pneumococcal pneumonia.

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in new york, national and state leaders are meeting. senate majority leader chuck schumer, kathy hochul, alejandro mayorkas and eric adams all speaking about the uptick in violence. mayor adams saying hate is being normalized. >> hate is comfortable right now. we made it into a brand. words start to plant the seeds of action. and i'm truly alarmed and concerned that if we do not grab hold of the comfort of spewing hate, it's going to continue to turn into action. >> the governor now launching a new statewide hate and bias prevention unit saying today, quote, new york state will use every tool at its disposal to eliminate hate and bias from our

communities. now, on the opposite coast, our next guest is part of california's new commission on the state of hate. in los angeles, the most populous county in the country, numbers are showing how dangerous things are getting. according to the county commission on human relations, 2021 hate crimes report, reported crimes rose 23%. 74% violent in nature. the highest percentage in at least 20 years. the biggest motivation, race. with a two-decade-year high in anti-asian crimes. cynthia is one of the founders of stop aapi hate and co director of chinese for affirmative action. she's also part of california's new commission on the state of hate. cynthia, thank you for being here. what are you seeing and hearing that made you want to be part of this? >> well, thank you so much for having me. well, we started stop api hate

when we started to see a rise in incidents, attacks, verbal harassment against community members. what we did know is that while we asked our government to track this data, we started stop aapi hate to understand the nature of the hate and discrimination and bias our communities are experiencing so that we could also address meaningful solutions. regrettably i'm not surprised by the latest reports on the rise against hate against our communities and other affected communities because it comports with our data and what we're seeing. and for us one of the things that i think is important to note is law enforcement often tracks incidents defined by law as a hate crime. and we do track all incidents of

hate. and that's really important to understand in terms of solutions moving forward. >> let's talk a little bit about solutions. because it's tough, right? and moments ago my colleague, jacob associate off, spokes to secretary mayorkas about anti-semitism and hate in this country. i want to play that for you. >> nearly two years ago at your confirmation hearing you said you wanted to tackle the issue of anti-semitism once and for all. what i have heard you saying is it's gotten worse >> that's right. our fight has only become more fervent. our resources are greater. our dedication to addressing targeted violence against any group has become more and more intent. jacob, as you correctly note, the need for it has increased as well. >> so as the need for it grows, as this gets more and more

intense, where do you begin if problem isn't people are hateful. how do you effect change and protect civil rights if what we know at the heart of the problem is people's other and very public hatred? >> well, first of all,, it's important that we have law makers and community members who named this as a problem and this is an issue that affects so many. stop aapi hate, from the very beginning, has called for three solutions moving forward. we have to do a better job making sure victims and survivors know where to go for help and get that holistic support that's needed. it has a traumatic effect on victims and communities at large. secondly, we have to make sure that people know what their

rights are. and, again, where to go for help when an incident occurs. we are focused on prevention, which we believe needs to center on doing education, particularly in our public education systems. it has largely been in public spaces. where on transit, people are going to the grocery store, no community should be targeted for their race, ethnicity or religion. >> cynthia choi, thank you for coming on. we'll check back in with you. we really appreciate your time. >> and you can watch more of the interview tonight on "nightly news." during the special epidemic of hate, anti-semitism in america, which streams on nbc news now wednesday at 10:30 p.m. eastern.

>> take a look at this moment. a picture of progress. kamala harris swearing in the first female mayor of los angeles, karen bass. it took 241 years for the nation's second largest city to elect a female mayor. leading a city with a post pandemic spike in homelessness and violent crime. she said her first official act today will be to declare a state of emergency over homelessness. heavy snow, dangerous downpours. the brutal winter weather moving from west to east. that's next. from west to east. that's next. when our daughter and her kids moved in with us... our bargain detergent couldn't keep up. turns out it's mostly water. so, we switched back to tide. one wash, stains are gone. [daughter] slurping don't pay for water. pay for clean. it's got to be tide. young lady who was, you know, mid 30s, couple of kids, recently went through a divorce.

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absolutely brutal weather conditions are expected to impact millions of americans as a relentless storm begins to move from coast to coast. take a look at this. it's already painting the sierra nevadas white, dumping up to four feet of snow and pummelling the pacific coat with torrentialle rains leading to this swift water rescue in orange county. fire department there hoisting a man to safety after a vicious

flash flood. now moving east where blizzard-like road conditions are expected bringing low visibility to places like this in utah, miguel almaguer is in truckee, california. what are you seeing? >> reporter: the storm walloped the west. it was brutal out here, a storm across the region and show you what is happening in the sierra nevada and expecting navy snowfall and that's exactly what they got. in the span of 48 hours, they got 48 inches of snow and some areas, it was even deeper, about five feet of snow, and it wasn't just the snowfall that created havoc across this area, the winds topped 165 miles per hour, and that created zero visibility on the road, and popular i-80 which connects california and nevada, it was shut down for several hours. there were motorists who were stranded inside their cars during the brunt of this storm. and at lower elevations in the san francisco bay area, and each

in southern california, there were several inches of rain, up to five inches of rain, with flash flooding and fears about mud slides and landslides, and fortunately, those widespread concerns did not materialize. but back here, out in the snow, take a look at these conditions, i also want to show you the trees up here. all of that snowfall is hanging on these branches, and it has been doing so for several days now, and there is concern over the next 24 to 48 hours, some of these branches of could come snapping down and hit power lines, and cutting power to folks in this area. they need that power to stay warm. the conditions out here are frigid. about 11 degrees, 12 degrees here in truckee right now, it is cold and folks will definitely need their heaters to keep themselves warm. the good news, is the storm is over, the bad news it is on the move. back to you. >> thank you. before we go, we can't miss this moment of history.

after a 26-day mission around the moon, nasa's next generation orion capsule returning to earth. seen here, making what they're calling a quote picture-perfect splash-down. that big splash marking the end of nasa's artemis 1 test flight of the crucial first launch and expedition of the agency's new mega rocket and space capsule for missions to the moon. bill nelson telling our colleagues at "morning joe," this is just the beginning. >> this is just the first, this is the beginning of the new beginning, the artemis generation, not only going back to the moon, but to learn to live, to work, to invent, to create, in order to go further out, and to go to mars by the end of the decade of the 2030s. >> just a reminder, no astronauts were on this flight, but future test flights are tentatively scheduled for sometime in 2024, with human

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good to be with you. i'm katy tur. in nine days, the sprawling investigation into january 6th, the countless interviews behind closed doors, the h