into the streets right now, and this is a live picture for the parade that started two hours ago, and the team is expected, and lionel messi sleeping in style. he posted a picture of himself sleeping with the world cup trophy this morning. messi can now boast that he has won the prize for the most liked instagram post ever. and his posts racked up more than 62 million likes. that wraps up the hour for me. i am josé diaz-balart. please follow the show online, jdbalart @msnbc. yasmin vossoughian picks up with more news right now.

good tuesday morning to you. what a day it is. i am yasmin vossoughian joining you from msnbc headquarters in new york city. we do know the january 6th committee already made a historic decision. while president trump made the distinction to be impeached twice, he made history again to be the subject of a criminal referral from congress. >> no man who would behave that way at that moment in time can ever serve in any position of authority in our nation again. he is unfit for any office. >> unfit for any office. how will these referrals and the committee's impending report affect the former president.

plus, the week is going from bad to worse for donald trump, and in just hours the house and means committee will meet about his taxes after finally getting his returns, and will they be made public? what happens when the republicans take control of the house? we will discuss that. and then time is running out for lawmakers to pass a big, big, big $1.7 trillion bill to fund the government. it's not only about the money but also about democracy with lawmakers, slipping in a provision that would alert another january 6th. we will explain, coming up. we will begin with the meeting about trump's tax returns coming up. "the new york times" russ beutner is with us, and a democratic strategist that used to be the spokesperson for the

house oversight committee is with us. this meeting happening around 3:00 p.m. eastern standard time on capitol hill. what can we expect? >> reporter: it's still unclear right now what the committee plans to release to the public. that's part of why they are meeting today. it's likely democrats have a plan in place as to how much they want to make available to the public. they, of course, have had access to everything that the former president, in terms of his tax returns over the last six years after winning the supreme court battle, but staffers from both the democratic side and the republican side have been going over these returns to specifically look for things that they were concerned about when they suggested that they needed access to them. what the committee is going to do today is going to gavel in and then go into executive session behind closed doors because this information is considered to be private, and then they will discuss, what, if anything, they will release to the public. it's expected that we will see

something, and it's unlikely they will hand over every single bit of the tax returns that they acquired from the former president, and but we should get some sort of a picture of what his business dealers looked like before he was president and how good of a businessman he was during that period of time and if there was any conflicts of interest. >> getting some sort of picture of what that will look like, what the details will look like, still up in the air. russ, so much of what we know so far about the president's former taxes is, of course, part of your reporting, and so much what you have brought to us. "the new york times" report had a bombshell in 2020. donald trump paid $770 in the year he won the president see, and his first year in the white house he paid another $750, and

paid no income taxes at all in ten of the previous 15 years, largely because reported losing much more money than he made. if, in fact, these finances, these taxes, are made public, what are you expecting to see? >> it depends in part on the totality they would release, but you would see the same trends continue, and one remarkable part of his business in the last ten years, the fortune he made from "the apprentice," and that's from the show itself and the licensing, that money trailed off steeply from a high in 2011 to about $3 million the year he took office in the white house. he was using that money to grow businesses and subsidize money-losing businesses, and it

looks to us like that crunch was part of the reason he sold the old post office hotel, i think, last year. i think you would expect the trends to continue and it will shed light on other issues that could be part of that administrative requests. >> he has gone to great lengths to make sure it is not made public. can you talk to us a little about those efforts? >> he said for years that he would release his tax returns as a candidate when the audit was finished. we learned the audit had been going on since 2010, and it was related to a refund he got and all the taxes he made, and that

audit was fought for a number of years and it was never going to be settled while he was put on hold, and that was a red herring. he also has thrown up other sorts of smoke over the years including he would release his tax returns when barack obama released his birth certificate. he constantly diminishes the value of anyone seeing these things, which is also just a distraction. >> you can't help but think the house oversight committee is thinking, if we don't release these things now, it's basically dead in the water, right, in a republican-controlled house. if, in fact, they don't, what happens come january? >> oh, i mean, if these things don't see the light of day right now than republicans when they take over the majority, they will not release them. there's a reason why they have

been kept secret for so long despite the repeated public promises from trump to put them out there, and everybody running as a nominee for the president release their tax returns. everybody needs to know what their conflicts or interests are in the leader of the free world. somebody who has conducted international business, the taxpayers would not have that full picture of what conflicts might exist. i think that's the reason why you keep it private, and republicans are terrified donald trump might look like that congress-elect, george santos finances exposed in the last day or two, and that's a nightmare scenario for republicans, and jim jordan was saying maybe we will release obama tax returns. guess what? they already did that. that's an empty veiled threat.

>> so now you have got a twice impeached former president and criminal refers, and you have the possible release of the tax returns likely showing he has paid little to no federal taxes, especially if we are referring to "the new york times" reporting on this as well. is any of this going to stick either with trump's base and or republican lawmakers on the hill? >> you know, i think this is a situation where it's like death by a thousand cuts. there's only so much incoming you can incur before people start peeling off. we have seen it before, the slow reluctant with draw from the republican party for donald trump, but it's starting to happen. every single day that something new comes out and something happens, that i think accelerates that with draw. i don't think it's going to happen overnight, and i think donald trump will be out there and commanding a lot of attention and headlines and then

stunts like releasing nfts, and it gives ammunition to people like mike pence or ron desantis or anybody else running for president and the nomination for 2024, and you have to contrast with democrats and biden who are right now in a very strong position who have an open road ahead of them when the republicans are in complete disarray meltdown road. >> appreciate you all. want to bring in the democrat from pennsylvania who sits on the weighs and means committee. thank you for joining us. appreciate it. what will happen in the meeting? are you going to make the taxes public? >> i fully expect -- thanks for having me on. i fully expect we will move into executive session so we can legally discuss this matter. while i can't predict the outcome, i do believe the reason why the supreme court found in the committee's favor

unanimously because they found the same thing we did, that the audit process of the irs is really what is at question here, and whether or not it has been subverted in any way. we have a law that every single year the irs audits the returns of the president and vice president. serious questions have been raised including by the former president about that audit process. this is an important role we are playing this afternoon. i certainly will be voting on the side of full transparency. i think that's important not in this specific case, but for all the future presidents that will serve. >> how much does an impending republican-controlled house factor into the committee's decision and your decision, specifically, to release the former president's tax records? >> we know come noon on january 3rd, the republicans will take over the house and have no

interest in holding trump accountable, and that's in the back of my mind and all of my democratic colleagues. i noticed in the previous segment you talked about whether or not republicans can't quite trump, and it's clear a majority of house republicans are still with him, and trump is the most single powerful republican in the country. there's a very strict law -- federal law that prevents me from being able to talk about any specific tax return that i may have seen or not seen, so i don't want to -- >> no, no, no. but my question is more what is the end game? what do you want the public to glean from this if you decide to release the tax returns or republican lawmakers to glean from this if you decide to release them? >> in the end if the committee were to decide to go full

transparency, i would make sure that no single person is above the law. that's really what is at stake here, and making sure people have the full information to determine for themselves whether or not the audit process of a president, of any president, is being conducted the way it should be or not. >> you have fully seen his returns at this point? you have combed through them? >> unfortunately, that's one of the questions i can't answer. i am prohibited by law, which is frustrating, so i will have to leave it there. >> any indication and/or pause as to republican blowback, if, in fact, you decide to release the returns? >> let's be clear. every single president since nixon has voluntarily released his tax returns, so the idea that republicans would want to play some sort of tit for tat and release the tax returns of a democratic president, well, they are already released. somebody can go on the website right now and take a look at joe

biden's tax returns, so that threat to me is very hollow. >> congressman, thank you for joining us. i know it's a big day for you so thank you for taking the time with us. >> thank you. the other investigation looming over donald trump. the january 6th committee's final report and the criminal referrals to the justice department. will donald trump be the first former president to be charged with a criminal offense? plus, the latest twists in a legal fight over u.s. border policy. what it means for people desperate to get into this country and the communities seeing an influx of migrants. whether you are traveling by train, plane or car, experts predict a lot of hiccups for this week's travel, and how they say you should prepare. we'll be right back. right back.

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fire and sat by in the white house dining room for hours watching the fire burn.

>> the january 6th committee there making the historic decision to refer donald trump for criminal charges, and the statutes include conspiracy to make a false statement and inciting or aiding an insurrection, and sometime within the next 36 hours after an 18-month investigation after a flury of subpoenas and countless interviews and a trove of documents, we will final lee get to see the january 6th committee's final report. joining me now is ali vitali, and nicholas wu. the week before christmas, you think it's going to be quiet, right, a winding down of the year. >> nice idea. >> yeah, exactly, nice idea, right. and now we have the final january 6th committee, and then

in the bill is an election provision to make sure a january 6th does not happen again. take us through it. >> yeah, you would think that in some cases this is us on the naughty list because we have so many things to do before going home for christmas, or alternatively, we are getting the gift tomorrow and all of the questions we still have outstanding from yesterday's meeting from the january 6th committee are going to be answered in much fuller fashion than we have had the opportunity to see them answered before, because you are right, tomorrow at some point we will get the full committee final report, eight chapters that will include things like key transcripts that people like us are eager to see because we have only seen what fits the committee's narrative so far, as much as they could pack in to all of these hearings we have seen over the course of the last year, and we will get to see more than that and some of the key evidence pieces they have been able to build upon, and some of the key pieces including when they leave the

dangling threat of possible witness tampering and campaign finance reforms and people not truthful with the committee. all of those things will have more light on them once we are actually able to read the report. it's entirely possible that yesterday's bombshell meeting, there are still more bombshells to go. we are also then looking ahead to, as part of the effort, to fund the government over the course of the next year, the electoral reform act brokered in the senate, being included and making clear the vice president cannot just unilaterally overturn the results of an election, and mike pence did not think it was up for debate, and they are making clear that is clear going forward, and it will be part of the omni package and the timing is messy, as they are

up against the clock and the winter storm. both things happening in tandem this week. >> it's interesting, because as ali just put it, there are bombshells that could be left to go, and you put it this way, the committee is sitting on a stockpile of nearly 1,200 witness interview transcripts and reams of hard documents about trump's attempt -- expand on that, if you will, and the fact that the committee avoided in the final report yesterday that we saw ahead of tomorrow's final report, the executive report yesterday, i should say, avoided criticizing law enforcement and their culpability. >> the most important to me, anytime you get a report like

this, is to first look through all of the footnotes since that's where we saw the committee leave all these tantalizing clues about where they got this information and where to look once they get the full evidence in the coming days and weeks. we saw hints about, you know, interviews with key people, tony ornato, the former secret service official that could have been a witness to the altercation between trump and his security detail in his suv on january 6th. we saw clues about all the text messages and white house visitor list after all the hard fought court battles. you bring up the lack of criticism of the law enforcement, and the committee stressed over and over again they wanted the summary to be kind of a basic road map to the rest of the report, right, and

to present a singular narrative. that's what they tried to do is keep the focus on trump. we're likely to see them expand more on the law enforcement piece of the puzzle once we get the report itself. we know they interviewed plenty of key players on the capitol and they will make legislative recommendations and we will see how that turns out. >> i want to play something from "morning joe," and one is the position the j6 committee was in, and the position the doj is in in deciding whether or not they will move forward with criminal charges. and let's look at what let them to decide to do the criminal referrals. >> you are sort of damned if you do and damned if you don't. we felt the magnitude of the offense against democracy was so great that we needed to specify

criminal offenses the former president and his circle engaged in, and we know the department of justice will do their own job, and we want the public to understand what our conclusion is after looking at this for more than a year and a half. >> and he said, special council, jack smith, he said they will be independent of this and their investigation is ongoing and independent of what the j6 committee finds. does this help or hurt going forward? >> people in b faith will always find bad faith in the actions of others, and there are questions whether the doj will take the committee's recommendation as a road map, and that was their words, or some sort of political order the doj has to pick up.

and everybody that has worked in the doj knows that's ridiculous, and so congress has come paoeupled a really important investigative document. if you are doj you are interested in all of the evidence, and the legal conclusions you draw from the evidence and most importantly decisions on whether to indict and what crimes to indict and who to indict, those will be made independently by the special counsel. >> mike pence saying this yesterday, he hopes the doj understands, quote, the magnitude if they charge a former president. but also i ask the magnitude if they do not charge a former president with all of this evidence in place. >> so we're in such an unusual moment, and there are many people who have made the

argument, and you and i have had this conversation, right, unprecedented to charge a former president as though that somehow means trump can't be indicted or shouldn't be indicted, and do we become a banana republics where the system is broke if the president is indicted, and if trump is indicted, it will be unprecedented but it will be because his conduct was unprecedented, and his ability to move forward was so unprecedented that democracy demands a response. >> thank you. coming up, everybody, if you are headed home for the holidays this week, you might have even more travel headaches than usual. we have got the very latest on the winter storm that could wreak havoc across the country and what airlines are trying to do about it. plus, more uncertainty for people trying to cross the southern border. what the latest supreme court

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welcome back, everybody. the supreme court has blocked for now the lifting the trump era policy known as title 42. title 42 was expected to expire tomorrow with communities along the border already seeing the arrival of thousands of migrants there. the biden administration has until this evening to respond to the supreme court. joining me now from el paso,texas, and just talk us through what you are seeing on the ground in el paso and how folks are reacting? >> reporter: this area downtown has been one of the points where a lot of the asylum seekers have

been concentrating and an area where they have been sleeping and it's a place where people are bringing food and clothing. you can see clothing behind me, and that's the stuff they can pick up with the cold weather and use. the temperatures have been dropping and, in fact, the weather forecast says it's going to get even colder later this week. now, it's important to say that yesterday local county and city officials in el paso said that even if title 42 remains in place, they are going to prepare for a massive influx. they mentioned they are receiving help from the federal government and are preparing to open more shelters. they said they have more beds that might become available soon. they are looking into schools, private property and county buildings that could be used for shelters. just minutes ago we saw police officers coming by and doing a head count of the people that are here. throughout the day, yasmin, the numbers here grow, and then later in the day some of the migrants will get on the bus and

others will go to the airport and some going to the wiring money locations and make their way to other cities. so it changes a lot. it changes a lot. and we should say some of the migrants i have spoke to here say they are seeking asylum. some came in and made their way to this part of downtown. they have not done any type of processing, which indicates that border patrol could be overwhelmed with the number of migrants being taken to get processed and others that are entering and making their way to areas like this. this is what it has been like, yasmin. >> let's talk about the people first and the humanitarian situation unfolding before we get into the policy discussion. this is no way to live for these individuals, right? they are camping out at the border in the frigid temperatures, and ahead of the holiday season, of all times, as

well. what can be done to help them? >> well, fortunately there has been a legion of organizations, churches, non-profits and humanitarian groups both in mexico and the united states that have tried to fill the gap, basically, to provide shelter when they can, provide food, provide water, and try and make them as comfortable as possible. whether we are talking about their life in mexico as they have been waiting or on the other side of the border in communities like el paso, it's no way to live. it's a dangerous life, especially in mexico. they say that when you interview them, and during my presidential campaign three years ago i had a chance to visit one of the migrant counts and i heard over and over how dangerous it was and people just wanted an opportunity to make their asylum claim, and that's what we are talking about with the potential lifting of title 42, that the

opportunity for these folks to make an asylum claim and to hopefully find adequate shelter and a better life. >> you and i spoke on sunday when the expectation was that title 42 was going to be lifted, right, and now we hear the stay happening. so that is not happening. at the time you said you expected 14,000 or so migrants on a daily basis to be coming across the border. now with the kind of momentary pause and the folks continuing to be in limbo, what do you expect to happen? >> well, what i expect to happen is this bottleneck that has been created by title 42, which never should have been put in effect in the first place, was a trump-era policy that used covid as an excuse to try and cut off our asylum system and was kept in place too long by the biden administration. finally the biden administration did the right thing and is trying to end it, but what i

expect is that as long as title 42 is in place, you are going to create that frustration, that pent-up demand, and people under mexico waiting and then when that gets lifted that pent-up demand will be felt even more. the sooner we can lift title 42 and deal with this in a humane and orderly way, the better. >> mr. castro, thank you, my friend. we are also following breaking news out of california this morning. a 6.4 magnitude earthquake rocked parts of california hit near eureka and humboldt. the county says power was knocked out for thousands of people, and that there is damage to roads, some homes as well with multiple minor injuries reported so far.

let's talk holiday travel. we have a lot of anxious holiday travelers closely watching the system making its way across the country, and it's expected to impact 40 states, and powerful wind gusts as well, and some places life threatening temperatures, and major airport hubs, washington, d.c., new york, boston, they are all expecting major delays or cancelations. i want to bring in who is standing by with us at o'hare's international airport, and meteorologist, bill karins. let's talk about how airlines are preparing ahead of the storm? >> reporter: yeah, basically they are reminding people of their options, long story short to delay their trip and rebook their flight around the storm's path. with severe weather in the past year we have had with the

chaotic travel stories that have emerged over and over. in particular, this is a major, as you know, united hub, united airlines and others, they are sending out texts saying we already waived rebooking fees, and if you are coming through these airports you can rearrange your plans no charge. as you said, this storm, and you showed the futures map where it's making its way into the midwest and northeast by thursday and friday, and i know obviously bill can talk about that, but that's what everybody here is bracing for. chicago o'hare officials say they already have 500 staff members on standby to do things like clear runways of snow and ice and de-ice planes and things like that. they also have a massive inventory of cotts ready to go in case the worst scenario happens with crazy weather here or elsewhere and passengers have

to stay in the hospital, and more than 100 million americans are ready to hit the roads and experts stressing people check the forecast along their entire route to make sure they are not driving into the worst of these conditions. >> this is -- this is -- you laugh because it's going to be such a hectic holiday travel -- >> it's already stressful enough without the nonsense. >> yeah, who put the blizzard and the cold outbreak on their holiday list, right? >> you want snow, but not like this. >> some people will get a little snow, and then there are areas you won't want to bother traveling through. and here's where we stand, and we are going to start the to see impacts of the storm tomorrow. today is the last day across the country with no weather impact or very little, and this is on thursday when we will see snow

early in the day in kansas city. this is 8:00 p.m., chicago snow, and st. louis snow, and then windy conditions on the backside. at the same time, rain coming up the i-95 corridor, and it's going to pour through d.c. and new york starting on thursday. then the storm gets at its strongest on friday morning, and then we should have blizzards in the great lakes, and somewhere it said 65-mile-per-hour winds on lake michigan and 20 foot waves. you will see pictures of trees and houses, whatever is in the way of the freezing spray, it will be an ice block. that's how we go through friday. by the time we get to friday evening, the rain is over boston and new york as the cold air rushes in, and still blowing and drifting of snow in the great lakes. we're a little far away from the storm that gives you the

specifics of how many inches, and right now anywhere in white here also has a chance for light snow. we talk about the chance of snow in nashville, northern arkansas, kansas, and these are areas that people are not used to driving in it so that could be troublesome. >> thank you. >> kind of thank you. >> yes. >> all right, everybody. make it a merry christmas or happy holiday, whatever you are celebrating. okay, everybody, is time for elon musk as ceo of twitter ready to end? a poll found a majority of users want him out. plus, the disgraced so-called king of crypto could be back on u.s. soil. the push to get sam bankman-fried back to the u.s. to face fraud charges over his company's collapse. we'll be right back. that's why i use the freestyle libre 2 system.

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this morning over whether elon musk will remain the head of twitter. it's reported this morning the musk is actively searching for a new ceo of the company, and he polled twitter users on sunday if he should remain ceo, and the answer overwhelmingly was yes. nbc news senior reporter is following this for us and bringing us more. whether he is ceo or not, at the end of the day he will have control of the twitter? >> absolutely. this is a private company and is run by elon musk, and the policies are determined by elon musk at a whim, like just today -- or just yesterday after the poll, when it didn't go maybe as musk would have liked, you have some of his guys coming in, well you can't trust the poll and it's swarmed by bots

and the deep state, and musk replied "interesting." and elon musk said, yes, it will be so and so i don't have very much faith in the poll or if he will adhere to it, and if he is looking for successors, who know what that means? >> do you think he wants to remain on top of twitter and is there any successor that you feel would want to jump onboard? >> i think objectively we could say elon musk loves to post, and i think he's not having a lot of fun. he said on twitter -- somebody said i want to be ceo, and he said do you like pain? he was booed by what he thought would be a friendly audience, and he wants to make money with

twitter and the advertisers have fled, and he says there's no success fur and he says anybody that wants this job can't keep twitter alive, so who is going to get this job? elon musk has a group of people around him, and one is david sacks that he knows from his paypal days, and he has people that follow him around. maybe it will be one of these people. maybe it will be somebody from outside? the smartest thing he could do is to pick somebody that could calm the fears of advertisers and bring advertisers and users back to the platform and he can pull the puppet strings of his company from the background. >> can somebody calm the fears of advertisers as long as elon musk is the owner of a privately owned company?

we could talk about this for another hour or so but we have a lot to get to. appreciate you. disgraced former ftx ceo, sam bankman-fried, remains in prison in the bahamas as the u.s. authorities work to get him back in the u.s. the king of crypto agreed to be extradited from the bahamas but remains in custody after a confusing day where he was shuttled to a courthouse and then right back to jail. jake, great to talk to you. what do we know about where efforts to extradite him back to the u.s. stand at this hour? >> well, those early reports over the weekend that he was planning to go ahead with extradition seemed to have been based on the comments of reporters on his defense team, but as you mentioned, they were all just as surprised as anybody

when he showed up yesterday in court and demanded to see the federal charging documents before he agrees to anything, and he was remanded back to jail. it may be at that point he just sort of looked around and thought do i want to stay in this place for as long as it will take. as you know the bahamas has a long-standing tradition treaty with the u.s., and it could take years if he was going to fight it like he planned to, and the state department has been rated as being unsanitary, and so supposedly now he has asked his lawyers to go ahead with the extradition process. it looks at this hour as though while he is going to be in the bahamian custody for a while longer, he's very much fast tracked for facing the music here in the united states. >> jake ward, thank you. up next, new clues about the strength of the economy ahead of the holidays.

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tripledemic of respiratory viruses. they are limiting the sale of children's medication. they capped it to two. the restrictions will apply to online purchases. hhs and the fda have said they are working closely with drugmakers to help with supply issues. this morning, new numbers are shedding light on how the housing market is fairing. this brings the numbers to the lowest point since summer of 2020. we have new clues on the strength of the economy. if you will, talk to us about some of the numbers in the housing market. >> that's right. if i had to put a headline on

this, the cooling continues. u.s. single family home building tumbling to a 2 1/2 year low in november. permits for future construction plunged 11%. we got this report from the commerce department on the heels of home builder confidence and a reading there yesterday where we saw that fall to a record -- for a record 12th month in december. residential investment continuing to contract. housing is in a recession. that's something we were told last hour here. the housing data is disconnected or lagging what's happening in the field as well. it has been a swift slowdown. home builders are responding aggressive aggressively. more incentives from home builders in light of this. >> tell me about the earnings reports from fedex, nike,

general mills, what are we expecting to see? what will that tell us about the economy? >> these are key readings on the consumer economic bellwethers. we know people are still snacking and eating cereal, even though prices have increased. it's a high inflation environment. where are they cutting? that's what makes nike and fedex reports so important. with nike, people, are they continuing to cut their spending on sneakers and apparel? which has been happening all year. in the case of fedex, are people buying as many things for the holidays? they reported results last quarter that disappointed. they talked about waning demand in a slowing macroeconomic environment. nike discounting merchandise and

getting more cautious on future orders. what are they going to tell us now and as we look to a new calendar year where recession fears have been increasing? >> i can confirm people are still snacking. me personally as well. thanks so much. appreciate it. that does it for me. i will be back tomorrow. catch me weekends 2:00 to 4:00 p.m. eastern. "andrea mitchell reports" is next. eastern ndrea mitchell reports" is next what will you do? ♪ what will you change? ♪ 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) 'tis the season to switch to verizon. it's your last chance to get our best deal of the year. (scrooge) 'tis?

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right now on "andrea mitchell reports," donald trump's terrible, horrible, no good, very bad week. could get worse. democrats are wrestling with whether to release the former president's tax returns to the public, just two weeks before republicans take charge of the house. this as the january 6th committee prepares to release its final report tomorrow after sending criminal referrals against donald trump to the department of justice. supreme