we have cnn political commentator errol lewis tonight, joey jackson and scott jennings. legally this is in a different category, right? the department of justice is in a different category that the january 6th house committee. does mike pence have to answer doj prosecutors? >> he could stall it. he could prevent it. i think there will come a time where he will answer questions, so let's talk about the distinction. when you have a house committee of course congress has oversight responsibility and they're investigating for that purpose. we're talking about the department of justice we're talking about a department involved in criminality. when you're doing that the only effective way not to testify is assert some privilege or give an indication you shouldn't testify. i don't think the privilege -- i don't think he's looking to assert privilege. i don't think it necessarily applies here and i think there will come a time he does speak. i think there's reasons to negotiate his testimony. the justice department always wants a motivated witness, a calm witness, a cooperative

errol lewis, as always, thanks for joining us early on a saturday. >> thank you. >> of course. >> and on election night, don't forget to join cnn for special coverage starting tuesday at 4:00 p.m. eastern. we'll have up to the minute results on what is happening in all key races across your state and across the country as well. >>> still to come, a missed deadline. former president trump failing to hand over documents to the january 6th committee. how lawmakers are giving him a new order. >> plus, vladimir putin telling civil kwrapians to evacuate. >>> plus, have you gotten your flu shot? yes, i have. boris, have you? hospitalizations are soaring as the flu and other respiratory viruses spread rapidly across the u.s. research shows that people remember ads with younpeople having a good me. so to help you remember that liberty mutual customizes your home insurance, here's a pool party. look what i brought! liberty mutual! they customize your home insurance... so you only pay for what you need! ♪young people having a good time with insurance.♪ ♪young people.♪ ♪good times.♪ ♪insurance!♪

. >>> joining us now, cnn political commentator errol lewis from spectrum news, new york 1.on. it is a long christmas lift for the president to -- during this lame-duck session. you have the government funding to keep the government operating. but what about the other things that he wants that are genuine priorities, same-sex marriage and the possibility of doing the debt limit and electorate count act reform. what is realistic in your view. >> i think realistically, good morning, jim. and i think what they'll have to focus on, this is start of the biden re-election campaign whether he wants to announce it or not. the elector count act will be extremely important. this is a way of cleaning up some of the misperceptions that swirled around january 6 of 2021. and making clear once and for all that the vice president of the united states does not have the power to sum marily declare the winner of the next election. it is an extremely important piece of legislation. and for them to get it done now, would be a very good time as he started to gear up for re-election. and i would s

. >>> joining me for for now on this is cnn chief political analyst floria borger and errol lewis. and gloria, there are more key races and every one matters when we talk about the control of the senate because they only need one. but what are your big thought and your big question on this final day of campaigning? >> well it is that people -- candidates are talking past each other and voters are dissatisfied on the one hand they have the sense, yeah, republicans may be threatening democracy, but on the other hand, democrats are elite and they don't understand any problems. and so they're not -- you know they're not particularly thrilled with other party and they're worried and i think there are a lot of voters who are trying to figure out do i split my ballot, do i vote one republican and one democrat, because i don't like the candidates. there is a cauldron here. >> and because georgia and pennsylvania are both examples of where ballot splitting could be a real factor. >> could be a real factor. because for example, in georgia, you have a very popular republican governor. and the

. >>> let's bring in errol lewis. we went to georgia with dianne. a 29% jump in early voting this year compared to the 2018 midterms. more than 2.2 million georgians have already voted. michigan, nevada, wisconsin, other key battleground states also seeing an increase in early voting. what do you take away from this, errol? >> well, i don't know. we'll find out obviously on november 9th but what i think it means is that this is settling in. early voting is settling in as a habit and as part of the political culture. we've only had early voting in new york for a couple of years now and starting to see not record-breaking numbers but a substantial number of people are reorganizing their political life around the idea they'll have a week or two to cast a ballot. the political organizations and candidates are adapting as well and seeing that all over the country so hopefully there will be overall higher turnout but more importantly i think people's strategies, when and how they go to their base, when and how they try to bring out new voters and run thei

we have cnn political commentator errol lewis with us tonight. and legal analyst joey jackson. and scott jennings, great to have you here. so joe, legally this isn't a different category. and the twin category that the january six house committee. does mike pence have to answer doj prosecutors? >> he could stall. he could prevent it. i think there will come a time when he will answer questions. so let us talk about the distinction. when you have a house, committee congress has an oversight responsibility and are investigating for that purpose. but we are talking about the department involved in criminality not themselves. so when you are doing that, the only effective way to not testify is to assert privilege. or otherwise give the indication allison that you should not testify. i do not think that the privilege will carry the day. i don't think he is looking to assert privilege. i don't think it necessarily applies here. and i think that there will come a point in time when he does speak. i do think there are reasons to negotiate's testimony. the justice department always want