rated pg. only in theaters. good day. i'm in for chris jansing live at msnbc headquarters in new york city. the release of the january 6 lt committee report is eminent. that will close the book on the committee and officially pass the legal baton to the justice department. but their next move is anyone's guess. plus donald trump's rough start to the week won't get any better today as a house committee meets in a few hours to discuss tax returns. will tla release them publicly?

what kind of precedent will it set if they do? if you have plaxs to go for the holiday, chances are it's going to be messy. winter storm warnings stretch from seattle to chicago with a huge storm pushing east just in time for crist has. the latest coming up. we are going to start with the historic criminal referrals from the january 6th committee and the question everyone wants answered. what happens next. when it comes to the public account of what happened on that day, the referrals and the committee report set to be released tomorrow place a hugely consequential role. but how will their evidence influence the justice department's final decision of whether to charge donald trump. i want to bring in ali vitali. tim o'brien is executive editor of bloomberg president bush. charles coleman is a former prosecutor and an msnbc legal analyst. and ari melber is host of "the beat."

so ali, furs to you here. what do we know about what we'll be getting tomorrow? >> reporter: tomorrow is going to be a chapter of the final report. what's really important are the transcripts and other related documents that the committee worked so hard to get and now will be able to read through ourselves. at various points in the executive summary, they point people to compare the transcripts of key people. for large reason they think in some cases, there are people who either department tell them as much as they knew or were contradict bid other people in their orbit. that's one of the threats we're following. i can put up for you on the screen some of the other questions that we think could be answered buzz that second bullet point is the one we were talking about. people who weren't forthcoming. there's the potential for the key former secret service agent and member of president trump's inner orbit who could have had information contradicted by

other people there's the contradiction from ivanka trump. and also the possibility of witness tampering, campaign finance violations and they also mentioned this yesterday, who was paying for a key witness' attorney. that could part of the witness tampering effort as well. of this come kould come out tomorrow. the other important thing here are the con conspirators that the committee laid out. we saw the referrals for trump and easeman together, but the committee did a lot of work by saying others. i asked the congressman about this if they would fill in the blank on the others. they said there are people who they are listing as cocob spoor torts not necessarily getting referrals, but who they hope the doj can pick up the baton and flush out more on the evidence front if they actually move to prosecute. on the referrals piece, and everyone will say this too, the

idea that this committee is referring is more for the public record. it doesn't mean anything to doj. >> ari, you talk about this dlt as being important not only to american hod earn history as we know it, but also the future of democracy and protecting it. what do you hope people will get from the work? >> my forward really loorks at the why this was larger than a single day. it you remember that first trump impeachment trial, there was talk about the speech and what did it cause. a single day analysis. through this committee's work and independent reporting, there were plots that ran months that were screams that were operating to try to do this illegally, regardless of whether there was aa violent insurrection. people need to understand that. we as a citizenry have to decide if you can figure out someone is actually a would be authoritarian and you vote for them again, that maybe the last time you vote. that matters even apart from

people saying what's doj going to do. what are you going to do? this is up to us. i don't prejudge what people decide. you can decide someone is not an authoritarian. but you should look at the evidence to reach your own determination and make up your mind. number two, people died that day. officers were beaten that day. there was a terrible attack on our nation's capitol, which became a crime scene. and right now, the draft excerpts of the report say this, nobody who plotted and organized that at the highest levels has been held accountable. but with no patronizing meant towards sosmt people you see smashing the wit wib doe, but they don't know a the lot about the constitutional certification process. they didn't know a year out that january 6th is when that occurs. that's not their thing. they are not constitutional law experts.

according to the evidence, i say this without prejudging, but according to the evidence, you know who knew? john eastman and rudy giuliani and peter navorro, who we heard describe openly on this channel in an interview his process and his thinking and later indicted. he awaits trial. he awaits trial for refusing to tell the truth to this committee. these are open questions. i will say in an conclusion, i get it. show me the indictment. this is one more piece of paper. it's a the lot of pieces of paper and it may stack up to facts that do lead to more justice. if it's only pawns, then i think we're at risk of more coups. >> i want to ask you a question. as a prosecutor, you know the difference between winning this the court of public opinion and proving guilt or innocence. how wide or narrow is that gap in terms of donald trump specifically? >> there's a few things that

have to be taken into account when you're asking that question. it depends on the charge. there are some charges that are straight forward and the information that we have and we know, it seems like the doj will be able to draw very clearly between donald trump and the conviction. i would say the intent to obstruct. as well as the fraud charge. both of those are pretty significantly laid out. insurrection is more complicated. and i think that referral is one that the public as far as the court of public opinion, it does matter and make a difference because it is important to get this narrative right. in terms of what the doj does with that. that's a different court of law and a different conversation. i understand why it's important for our narrative to make sure those things are held completely and that narrative does not get distorted. i can tell you that the doj's evaluation, as you said s going to be about what can we prove beyond a reasonable doubt. because one of the things that's

also important to us to remember is we can't go into the situation afraid, but wit can't go into the situation and miss. this is for accountability. >> afraud of what? >> afraid of missing, afraid of not getting a conviction, afraid of thot being able to hold people accountable, afraud of the political implications. . >> you put it so elegant ray live. this might be too simple for your level of experience. when you have the conspiracy to a false statement, you have to prove that the person lied to the government. is it harder to proof that donald trump lies to the government? they submitted these false electors to the national archives. that's done. it happened. and the new material that just came out yesterday, they also were literally trump campaign flying it if they have the receipts, flying those in and

trying to give them up to mike pence through that certification that day. lied to the government. they have that charge. if you ask me point-blank k they prove all four beyond a reasonable doubt, i think it would be hard to prove all four. can they prove that one, yeah. >> tim, let's bring you in here. you wrote today the january 6th committee conclusions make prosecution, quote, imperative. are you essentially saying that even though the doj says it's not pressured by outside influences, they have no choice but to act? >> think the evidentiary trail that the january 6th committee has established can't be ugh nors ignored by the justice department or anyone else that's concerned about the rule of law and the reservation of the constitution. the january 6th committee has done the work in establishing this wasn't a one off, single-day event. this was a criminal conspiracy

that was months in the making. it continued after january 6th. and donald trump was the orchestrater of that conspiracy. he wasn't a bystander. he wasn't simply taking advice. he was directing people to do things in the service of trying to engineer a coup and incite an insurrection to try to stop vote counting, pure and simple. and i think the justice department was moving somewhat sleepily around all of this. i think it's extraordinary that the justice department felt that the january 6th committee was too slow to share some of its evidence with the doj. when the doj itself could have gone about interviewing anybody they wanted to, that the january 6th committee had also put under oath. be that as it may, we now have a voluminous amount of audio, video and written records that

establish a number of possible crimes. the january 6th committee has made referrals on four of those. 17 or 15 of the 17 individual acts of wrong doing that they cite in their summary of the report centers on donald trump. liz cheney said last tall that the key thing to understand about this whole event is that it would not have happened without donald trump. so it should have been no surprise to anyone that that executive summary essentially says the same thing. it is the handy work of one person aided by other coconspirators. and that person is donald trump. so i don't see at this point how the doj cannot follow what the evidence shows and uphold the rule of law and not prosecute donald trump and everyone else who was involved with him in an attempted coup. >> i want to play part of what

liz cheney said about trump's behavior on january 6th. let's listen. >> in addition to being unlawful as described in our report, this was an utter moral failure and dereliction of duty. no man who would behave that way at that moment in time can ever serve in any position of authority this our nation again. he is unfit for any office. >> trump's response, obviously, has been attacking the committee calling it a hang radiocourt. has he been effective? >> i don't think so. it's interesting. there are some people that are going to just discount everything. they don't want to hear it. when you look at congressional committees, how many do we really cover from an independent perspective? "the new york times" wrote in today's paper this is the most significant probe in a generation. and there's a lot of committees and subcommittees that don't

breakthrough. so i don't think he has blunted that. i think the larger kplit political question about why so many republicans seem willing hold the door open for him is something that politically has to be worked out. but the facts and the evidence have been accruing as a drag on him. the second impeachment had more guilty votes than the first. and the number of aids indiced has only increased and the criminality that circle this is man is great. now he's still afforded many of the implicit and explicit benefits of having been the president of the united states. he was the president of the united states. it is difficult for people to look at these pictures, even of him and think about him in prison, which is what congress is now advocating through a process that's never happened this this country. it's happened in other countries. there's that larger challenge. if you're asking is he maing good on that and getting a great benefit, no. i thus he's playing an incredibly strong hand of a form president weakly. >> we look trd to reading your

forward. thank you. our thanks to ali vitali and tim is going to stay with me. while the executive summary of the report spends the lion's share on donald trump, the committee's investigation spent hundreds of hours digging into everything from the law enforcement response to intelligence insecurity to domestic extremism. i want to bring in two men who spoke to the january 6th committee, former oath keepers spokesman and a firestormer chief of homeland security and intelligence for the district of columbia. do you think the committee focused enough on issues beyond trump like intelligence sharing and security? >> in the smer of the report, and i read it twice already, no. i'm hoping that comes out in the full report tomorrow. specifically because not only myself but colleagues of mine spent hours meeting with the select committee. i met with them on separate

occasion asks we dealt with intelligence information and how it's shared. and what happened on the days before. the summary is absent. anything in terms of what we know about the intelligence and what was happening with it, particularly about the security posture that was put in place in light of that intelligence. >> jason, looking to the future here, do you believe the committee and its investigation has had any impact on groups like the oath keepers or maybe sufficiently raised awareness of of the threat they pose? >> i think so. i think the major victory has been in public perception. just with people better understanding the threats that are posed by these types of groups and really just the understanding of all of the lies that were involved leading up to january 6th.

i don't know much about doj processes and those other aspects, but i know that public perception, if we look at where it was before the hearings and where it is now, i think we have seen significant improvement. that perception goes on to inform votes. it goes on to inform policy. and helps to buld a better future. i think really just laying the groundwork for a better understanding of what these last few years have really entailed is going to move the country forward in a better direction. >> from an intelligence perspective, do you think the report will help intelligence professionals and those who are charged with acting on intelligence have a better understanding here about the threat from extremists? >> i hope so. i want to go back to a point that i made on january 7th. the day after january 6th when my entire team were huddled together, many of them were

disappointed and upset. i told them and continued to say this and i mentioned this to the select committee, january 6th was not an intelligence failure. it was a failure for individuals that heeded intelligence. the select committee laid out an excellent case of why that happened in the white house, particularly that the president didn't want to heed the intelligence. this is exactly what he wanted to unfold. from the intelligence standpoint, there are some structural issues that i discussed with the select committee. interagency communication and coordination, that still needs to be worked on. that's a lot of of what we were seeing and being able to share that more freely across particular agencies at the federal government. so obviously, there's a question left unanswered in the summary report about what happened with that intelligence. how was it used and why was the capitol not properly secured.

so i'm really, really waiting with baited breath to see the full report and then i'll make my decision then. >> i'm curious whether you think that trump is still a motivating figure for extremist groups out there. >> i think he certainly retains a certain amount of that. there will always be a certain segment of the population in the far right that are going to listen to him no matter what he says. but i think as far as the greater public goes, it definitely is going to see an impact. we're going to see a chilling of some of these right wing groups. at least a splintering. we're kind of in a holding pattern. we have seen some prosecutions happen that needed to happen, we needed to see some accountability held to leadership of some of these militia groups and that is continuing with the new trials that are happening with the proud boys leadership and also with other oath keepers. >> jason, does influence change if he's charged?

>> i think, again, mongs the general public. now mock die hard supporters, there's always going to be a segment of the population that doesn't care. they see that as something to campaign off of. i don't think that segment is concerned with facts or evidence or the truth. but that they have a world view that is aligns with what trump is saying and they are going to continue to support him. >> jason, my thanks to both of you. early this morning, the senate took a big step toward funding the government and averting a partial shutdown. releasing details of a $1.7 trillion funding bill. it would fund the government through next fall and include notable provisions including the reform act and more than $40 billion in ukraine aid. the senate started the process of considering the bill today that it has to be passed by the house and the senate and signed by president biden before

midnight friday to keep the government funding intact. a mega earthquake rocks nosh california. how thousands in the yaur are dealing with the impact, the power outages and the extreme cold. plus if you have kids at home, you may have difficulty getting enough children's pain relief medications at your local drugstore. the new pressure mutt in place to safe supply. and she cites january 6th as some of the reasons she's leaving congress. we'll ask the outgoing congresswoman her advice to colleagues. you're watching msnbc. r advice colleagues you're watching msnbc. witched b one wash, stains are gone. [daughter] slurping don't pay for water. pay for clean. it's got to be tide.

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a major 6.4 earthquake jolted people in california awake this morning. we just learned that more than 70,000 in the area are without power. take a look at this scene inside a home in humboldt county. the intense tremble toppled items throughout the room and the department of transportation shut down a cracked road on a major bridge. steve patterson is covering this for us. what is the latest on officials getting a sense of the scale of the damage and people getting their power back? >> reporter: i can tell you the damage is widespread. 6.4 is no joke. you can tell the intensity by the length of time that it is shaking and people were reporting shaking anywhere from 15 to 20 seconds, which anything after 60 is a long time.

this thing happened at 2:to in the morning off the coast of humboldt county, california, far north of san francisco. people reported that shaking for about 20 seconds. and it has caused a lot of damage. starting off with good news, this is not necessarily catastrophic damage. this is not the big one. no serious injuries, no life-threatening injuries reported, but the damage is widespread. we're talking damage to infrastructures, cracks in the roads, damage to store fronts, gas lines ruptured, so crews are worried about gas leaks, they are running around trying to fix these problems. there were injuries. two people injured, one is a broken gn bone. the other is a head injury. thankfully not life threatening. and 70,000 people without power. it's being restored in sections, but that's a slow process. and also remember that so far there have been anywhere from 20 to 30 aftershocks in this entire time period. so while all of this is

happening, you have anywhere from a 2.0 to a 4.0 intensity earthquake that you also have to deal with. crews are doing their best. they are spread out, but there's a lot of damage, including the firm bridge, one of the only connecters from that area to the rest of california. four cracks in that bridge and engineers are checking the structural integrity. for now, that road is shut down as are many roads as crews race to try to fix it to make that area safe. >> we know you'll stay on top of it. thank you. as holiday travelers are preparing to crisscross the country, tens of millions are under a winter weather advisory. a massive storm system is crawling east this week. the worst of it expected to hit hours before christmas eve. heavy snow forecasted across the midwest and the great lakes. friday is also expected to bring roaring winds to the region and to the northeast. all of this as aaa estimates 113 million americans are traveling this holiday. i want to bring in ron allen from laguardia.

this is the drawback to a white christmas. how are airports prepare for these systems? are you finding travellers who opted to fly out early? >> reporter: we are finding people traveling today ask not next week. the buzziest days will be thursday and friday ahead of the holiday. kids are in school. so this is perhaps the quiet before the storm. the worst problems are not expected here on the east coast. it's the heart of the country, the midwest. chicago in particular where there are blizzard warnings or expectations there could be a lot of snow and a lot of heavy winds and all that, which can cause chaos in the aur systems. but the airlines, the airports, the tsa all say they are prepared. most major airlines are offering waivers, offering equal travelers the opportunity to change their flights ahead of time without cancellation tees or change fees, which is

something that is up usual. they are glad to hear it. this family got an offer that sounded nice from the airlines. take a listen. >> got a text flying american. give me $300 to change my flight. >> that sounds goo like a good day. >> we're not flexible. we have to get home and get back to work. >> is that unusual? >> absolutely. that's the first time i have had it happen. >> reporter: out in the midwest in chicago, the airport officials say they have extra staff on standby and gearing up. the tsa says they still think they can meet their goal of getting people through aurpt security in 30 minutes and 15 minutes if you're prechecked. they are urging people to come to the airport earlier just in case. travel sooner rather than later if you can. the things that we hear every season. but the expectation is that this

weather system, it's a big variable. it's unclear what that's going to do. and it's out of our control. so again, travel sooner rather than later. get to the airport earier if you're worried. and check with your airline. >> ron allen, thank you. parents, listen up. two major pharmacy chains are now limiting the purchase of children's pain medications as some have become hard to find. cvs is capping the purchase. walgreens is limiting fever reducers to six online. it's happening as the worst flu season rages on. contributing to the tripledemic that includes covid and, rsv. house democrats are now considering releasing trump's tax returns to the public. could that come with consequences? someone who has seen the former president's tax returns himself is here, next. turns himself is here, next. (vo) 'tis the season to switch to verizon. it's your last chance to get our best deal of the year. (scrooge) 'tis? (cecily) 'tis! (vo) this holiday season verizon gives you the new iphone 14 pro

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now members will decide whether to make them public. ryan nobles is on capitol hill. back with us is tim o'brien, one of the few people on the planet who is actually seen trump's taxes. so what are we expecting from the hearing at 3:00 p.m.? >> we should point out that most of it is going to take place behind closed doors because they are dealing with what is currently confidential information. that is the former president's tax returns. the committee is going to deliberate their next options. then they will have a vote, which will take place secretly. then release afterwards what they plan to do with the information. and there's a wide range of options. they could just release everything saying that they believe it is a legislative purpose to make it part of the public record. they could release a summary of some of the things they found tied specifically to some of the concern thas had regarding conflict of interest or the president's past business dealings and how that might have related to his time in office.

those things are possible before this meeting takes place house republicans are going to offer up a prebutt the to the democrats' actions warning this could set a dangerous precedent and this information should be kept private and then any american could be subject to the same type of treatment by congress. democrats feel differently about that. they believe this is a unique situation and this information at least in some respects should be made public. exactly the form and fashion of that is still yet to comp. >> ryan, thank you so much. tim, we have been talking about trump's tax returns for years. there's been so much debate about what's in themselves. before the election, you wrote an article. you had a long legal fight with trump. you're constrained legally about what you can say, but why is it important the public sees them? >> i think, first ask foremost, he was the president of the

united states. i think that every president has to be transparent about their finances. the president wields enormous power. voters need to know if the oval office is ushd the influence of financial interests either domestic or international. i think voters need to know whether or not a president's own decisions might be compromised or conflicted by their own financial holdings and that's the reason why every president from gerald ford until donald trump arrived voluntarily disclosed their tax returns as just a measure of good government, as a bipartisan nod toward transparency, as something part and parcel of honest federal leadership. and trump thumbed his nose at that. i suspect the reason he did so had nothing to do with the audit at the irs although that was his reason for not thing to disclose

his tax returns. i think there's a few things that the matter to him, but probably don't matter to most people. he is not a very generous, charitable giver. that would come out in his tax returns. that matters a great deal to him, this idea that he's philanthropic, which he's never been. they would reveal his businesses are not as robust as he's claimed they are. and that would then affect what his wealth is. he's used his wealth as a score card around his own business success and how he compares other people he competes with. but the real meat in here is who exercises financial control over donald trump or who exercises financial influence over donald trump. there's still a lot of unanswered questions about his relationship with russia and other entities in eastern europe.

his son-in-law and his treasury secretary have gone on in their post white house careers to raise massive amounts, billions of dollars from saudi investors. there's a question around the documents that trump took from the white house down to mar-a-lago about whether or not you might have intended to sell those on the open market when he saw the kind of money his relative and former official in his own government were making from foreign powers. so i think -- don't think those are -- those are gad government issues and we should get disclosure around them. and congress is acting in the interest of the american public in good governance. >> thank you so much for laying out what's at stake here. appreciate it. disgraced month get harvey weinstein was found guilty of rape and sexual assault this a los angeles courtroom.

this was the second trial of a man at the center of allegations that fuelled the me too movement. along with the conviction the jury acquitted weinstein on one count of sexual battery and hung on three other charges he's currently serving a 23-year prison sentence in new york after he was convicted of sex crimes back in 2020. the controversial trump era policy title 42 is staying put for thousand. but for how long? and what does it mean for the thousands of people waiting in limbo on the border right now? we're in el paso where the national guard has been mobilized, next. national guard has been mobilized, next. best deal of the year. (scrooge) 'tis? (cecily) 'tis! (vo) this holiday season verizon gives you the new iphone 14 pro that's in stock now. plus apple watch se, ipad and beats fit pro. all on us. don't miss out. verizon.

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a 97-year-old woman dubbed the secretary of evil by the german media has been convicted for her role at a nazi death camp. she was given a two-year suspended sentence stemming from

her role as a secretary to the ss commander at the camp in poland. as a result of her sentence, she will not serve time in prison unless she violates certain conditions set by the judge. she was 18 and 19 at the time and tried in a juvenile court in germany a after she attempted to flee. john roberts issued a temporary hold yesterday on the trump era immigration policy known as title 42 hours before it was set to expire. the decision came after several republican-led states asked the court to keep the policy in place. despite the temporary hold, texas is moving ahead as if the policy expired sending the national guard to el paso. i want to bring in our report texas. tell me what you're seeing on the ground and what does this mean for people who have already traveled there? >> reporter: so this is the scene we have seen in downtown el paso. a lot of the asylum seek verse

come to this area to get help. some have gotten clothing, food and also this is an area next to the bus stop to try to get to the cities. they are trying to make their way to some of the cities around the country. you can see here we have been showing these images of people that will come and bring food, clothing, they will stop like this and they will offer items to some of the asylum seekers this come here. so what we have seen, there are several pieces at the border. we have been on both sides. we were on the mexican side yesterday. we have been in el paso here now. we are seeing a group of people who tell us on the mexican side they want to wait and see if anything changes with title 42. now most of these individuals don't understand immigration policy. it makes it different for them to come seek asylum in the united states. a lot of the immigrants think that title 42 being lifted would change things for them, which is

not the case. title 42 would change certain rules at the border. the point is they don't necessarily understand the policy, but because something could change at the border, that is interpreted on the mexico side as an opportunity for them to come seek asylum. a the moment, most venezuelans that seek asylum return to mexico because of the new policy. you also have people from nicaragua and other parts of central america, these are the countries that mexican authorities have told us they have found people from. they are coming to the border. they are seeking asylum. some of these individuals are the ones that come here to get help as they continue their process. different pieces moving. then you have a lot of people that have been processed since lag week. and some of them have been going through the processing. i they do the processing and then relows them. this is what created a surge in

el paso. a large number of individuals, asylum seekers that have been released. this has nothing to do with what's going to change the at the border. possibly being lifted. and that created ab overwhelming number of migrants arriving here in el paso. local authorities here say that regardless of what might happen at the border with title 42, they are prepared for an influx. it has to do with the number of mite granlts traveling through mexico that decide to make their way to the border. that perhaps are different cities and now they are rushing to come to the border. some of them tell me because of something changing. so it's difficult to understand everything that's happening. what we do know that is happening is a surge of migrants that came to the u.s./mexico border. this is some of the stuff we have been seeing here in downtown el pa sop. threats against democracy in middle of discussions on capitol hill. i'll ask an outgoing member of congress what she's experienced and what needs to change, next. t

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spotlight as the final days of this congress wind down. one lawmaker who won't be returning, illinois congresswoman and former dccc chair sherry bustos. yesterday she had this to say about the criminal referral against former president trump. quote, i am grateful to the january 6 select committee for eksz posing the facts behind this horrible day in american history and pulling back the curtain. the american people have the power to make sure a crime of this magnitude never happens again. we must use it. congresswoman sherry bustos joins me now. thanks for being with us. >> thank you. >> you're leaving at a pivotal moment here, threats to democracy, the increase to political violence against members. how do you see the state of congress as you leave? >> well, it's -- we're in a moment of change. we are seeing a generational

shift in leadership. hakeem jeffries and katherine clark, the top two democrats who will be the leader in the whip on our side of the aisle are talented. they are a generation younger than the previous leaders that we've had. they are smart. they are policy focused. they understand that this job is more about doing right by our nation than doing right by a political party. on the other side of the aisle, obviously we've got some disruption whether it's kevin mccarthy or somebody else. he's got to get that figured out. he's not exactly known for his bipartisan nature, but i hope that he will rise to the occasion and we'll get our nation in a better place. we need to do that and the january 6th hearing yesterday, the bipartisan january 6th committee showed that no one is above the law, that whether

you're a member of congress and you're getting a subpoena,