a hearing within 21 days in a last-ditch effort to block the national archives from releasing documents to the january 6th committee unless a federal judge enter convenience, the documents about trump's actions will be turned over november 12th. >> the house committee voted unanimously for charging steve bannon with criminal contempt of congress for defying a subpoena. more than that, republican liz cheney, in the strongest term she has used yet, raised the possibility that bannon and trump were in on planning january 6th. as for bannon, she said the

committee has uncovered evidence. based on the committee's investigation, it appears there bannon had substantial advanced knowledge of the plans for january 6th and likely had an important role in formulating those plans. mr. bannon's and mr. trump's privilege arguments do however appear to reveal one thing. they suggest president trump was personally involved in the planning and execution of january 6th and this committee will get to the bottom of that. >> as for steve bannon, you may recall he said this the day before the capitol riot. >> all hell is going to break loose tomorrow. just understand this. all hell is going to break loose tomorrow. it's not going to happen like you think it's going to happen. it's going to be quite extraordinarily different. and all i can say is strap in. the war room, a posse. you have made this happen. and tomorrow it's game day.

so strap in. >> a vote on contempt is expected to the "full house" tomorrow. if the recommendation charge willing bannon is approved, merrick garland will have to decide whether to prosecute him. joining me now is maggie haberman. good morning, maggie. >> reporter: good morning. >> i want to start with what liz cheney said. the indicates he certainly had knowledge, she said, before january 6th and was likely involved in the planning. how significant is that? >> reporter: it is certainly a significant statement. it is hard to assess. it's coming at a time obviously when they are trying to add weight to their argument as to why they should have access to records and why bannon should be

held in context for defying this congressional subpoena he is refusing to comply with. it's hard to separate these things out. i think they are related. they clearly have a massed some information. >> things steve bannon has said out loud, we know he was talking about this stuff. what is your reporting on what he was doing in the days at the end of december and the beginning of january or how close he was to the president, for instance? >> reporter: we know he was speaking to the president, right. we certainly know he had a part in the very end of the trump white house tenure. bannon and trump spoke the day of the pardon. in between i believe there were other phone calls. there were also intermediaries who were having conversations. bannon was very clear, as you note, on his podcast, his show, that this is going to be different than people think january 6th. it is not dissimilar from a

tweet that said something like it's going to be wild, the rally they were planning. we have seen this the last five years. trump or people around trump say these things. when people press them on what exactly did that mean or this looks as if it was a tie-in to what happened january 6th they say, no, no, no. or, why would you think that? it's not surprising people are looking the a or this own words. >> another reason why the executive privilege claim was tied in, executive privilege doesn't cover illegal actions. if you are doing something outside the purview of the law or responsibilities, privilege doesn't cover that. to that end, maggie -- >> reporter: right.

i think that's a very good point >> that has to do with the injunction that has been filed or request filed by the trump legal team to stop the national archives from releasing these documents which they will do by november 12th. what are we seeing here from the trump team? >> so the trump team is filing a lawsuit, which you know we have seen the trump team do over and over the last five to six years. it's not a surprise. it is certainly donald trump's go-to. in this case people say, look, there is little established law on what is covered for executive privilege on former presidents. there is not a lot of information on former presidents. whether it is a deeper meaning in these documents, incriminating evident they don't want to have out there, i

haven't seen it. you haven't seen it. they are trying to keep the committee from having access to documents that could show one way or the other. >> merrick garland, the attorney general of the united states, has a key decision to make. once congress votes, as we expect they will to go to trial, it is up to merrick garland on whether he will pursue charges. >> president biden said the other day people who are not implying with subpoenas who are involved in this inquiry should be prosecuted. and he said he's not trying to pressure garland. but garland certainly heard that. and he is hearing what a lot of democrats, most notably adam schiff is saying loudly, this ought to be prosecuted and go forward. he is upset the biden department

of justice is not going further as far as we can see. maybe there's something we aren't aware of some things. schiff made it clear he's upset about that. he has a choice he has to make on a matter in which people have not been prosecuted in decades. democrats have said over and over again what happened january 6th should set a new bar because it was so terrible. so we'll see if garland goes along with that. >> maggie haberman, always a joy to see you early in the morning. >> thank you, john. so also breaking overnight, president biden prepared to make major concessions to get a sweeping social spending bill over the finish line, one that would define his legacy. the president is ready to drop the price tag and pare down things like paid family leave.

sunlen serfaty on capitol hill. how is it shaking out? >> reporter: the contours of the deal are likely coming together. notably many of the democrats's top priority are going to have to be cut or scaled down significantly in order to bridge this divide that has existed between moderates and progressives in the water. free community college will likely will dropped. climate change provisions are still being worked out. they will have to be significantly scaled back. and child tax credit now be extended only by one year. it will be means tested. that was a specific ask by senator joe manchin. funding for home and elderly and disabled people will likely be produced as well. sources telling cnn president

biden is zeroing in $1.75 trillion to 1.9 t$1.9 trillion. it is more in line with what senator joe manchin wanted. there is renewed sense of urgency. they want to get a deal this week. they will be caucusing here in a few hours. a key moment to get a temperature on how the new details are being received. >> sunlen, thank you so much for that update. as you said, there are still details to be worked out, but these are the contours of an agreement here. thank you. >> democrat ro khanna is here with us now. okay. so much closer to an agreement this morning for sure, than we saw in the last couple days. do you think we will see a vote by next week? >> brianna, i'm optimistic. when we met with the president yesterday, he emphasized he

wants to get this done before going to glasgow. i think the message got through. >> is that enough? >> house progressives would want more. let's look at what is in this. the first time we will have universal preschool. we're going to have child care. we're going to have elder care. vision, dental, hearing. so the exact details are still being worked out. i believe senator sanders and senator manchin are meeting. if senator sanders signs off, i think the progressives will follow. >> free community college is out. paid family leave cut down to four weeks from the 12 weeks that you wanted in these contours of an agreement here. as you mentioned, universal

pre-k for 3 and 4-year-olds in. climate change provision still up in the air. are you progressives settling on this being a kids and climate bill? . >> no. i mean, the seniors are in there. dental, vision, hearing. this is transformative in making an investment on children in education and an investment in health. it's something we haven't done. would we want 12 weeks of paid leave? yes. is it good that our country is finally saying we need paid leave? the details will be worked out. progressives understand we have to compromise to get 51 votes. that's the reality. >> let's talk about women. because when you're looking at four weeks of paid leave in the context of maternity leave instead of 12 weeks, that is a woman going back to work less than a month after having a baby. so a tiny newborn at home. better than nothing, i'm sure you would say.

but is that really delivering for poor and middleclass women who have really borne the brunt of this pandemic >> briannbrianna, you're right. four weeks is not enough. we are pushing for more weeks. we said even if we can't do it for as many years, let's set the precedent at 12 weeks. certainly do it more than four weeks. that's why there is ongoing negotiation. i don't think four weeks has been settled. we understand, though, we have to compromise to get something done. right now we have no paid family leave. and that reality is something that progressives understand. . >> and the child tax credit, right? if you are saying that being pared down, it will not be extended beyond an extra year, how is that not parents and particularly women, paying the price here? >> first of all, there was no child tax credit before president biden came. now, with the democrats in congress we have said 300 bucks a month for people with kids,

most working class and middle-class families are getting that. we extend that at least through 2022. and we would extend it again. i want 10 years. the question is, how much can we extend it? i think we feel once we extend it the republicans won't be able to take it away. we have to ask why is there not a single republican in the senate or house to vote for something like child tax credit. >> you don't need republicans? >> it would be nice. there used to be republicans for social security, medicare. . >> of course. >> how can you be pro-family and not in for the child tax credit. we expect once people have it it will be hard for republicans to repeal it. >> if you were to get republican votes, you would need to win over kyrsten sinema and joe manchin first. you have heard from

progressives, joe manchin is adamantly opposed to the carbon tax. that appears to be a red line for him. what do you need to preserve that you can get joe manchin to sign onto that is going to deliver, that you can genuinely say this is a big step towards staving off environmental calamity. >> the first part is over 300 billion of tax credits for solar and wind. that is important. we need to make sure we reduce emissions by 50% in 2030. that is the president's commitment. we need more. if he doesn't want the clean energy program, we need alternatives. i have been to beckley, west virginia. with he need to say green jobs will become the pilot for the new jobs. his concern is mining families. he doesn't want then to have a handout. he wants them to have new opportunities. he doesn't want it all in

california. >> when you are looking $3.5 trillion down to $1.7 trillion or 1.9 trillion doctors, closer to the joe manchin number of 1.5 tri trillion, did they say this is better than nothing. >> it is less than 1% of our gdp. it's not a big number. finally this country is saying let's invest in the working class, the middleclass, not in the very wealthy. and the progressives say this is progress. we can build on this. >> it seems obviously this is a move from where progressives were very entrenched and clear here in recent weeks that this actual price tag wasn't going to be enough for them. that they didn't feel like they could do enough with this and that they felt like joe manchin wasn't giving enough. has this changed? it seems in a way that progressives have said,

actually, we're going to manage that number. it is better to have something. >> brianna, i can't speak for all progressives. i can speak for myself and many others who said president biden, this is his agenda and we want him to make a fair compromise and fair proposal and we want to make sure senator sanders is on board with it. if that happens, we'll get on board with it. that's what we're working towards. senator sanders is still negotiating. we are still push to go make sure progressive priorities are there. and i think getting his support will be critical. >> he's close? >> he's committed to getting something done. he has been a very loyal soldier for this administration because he understands what's at stake. he wants to make sure we deliver as a party. but he also cares about his priorities. and i think for progressives, having his support is going to be critical. >> all right. congressman, thank you so much for getting up early and talking to us about this incredibly piece of legislation. . >> it's great to be back in studio. . >> it sure is, isn't it?

>> joe biden taking questions from the american people on this very topic of what we have been discussing here. anderson cooper will moderate tomorrow night at 8:00. >> a miracle survival story near houston where this plane crashed during takeoff. how did all 21 people on board make it out alive? a new report that the fda is gearing up to lower the age recommendation for coronavirus booster shots. in other words, boosters for younger adults. and charles barkley sounding off about kyrie irving and his refusal to get vaccinated. . >> you don't get vaccinated just for yourself. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need.

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after striking a fence at houston executive airport in waller county, texas. all managed to exit safely with only two suffering minor injuries. look at that. they were headed to game 4 of the championship series between the astros and the red sox. the faa and national transportation safety board are investigating this crash. joining me is justin green, aviation specialist. we are looking at that remarkable picture of not much of a plane left. how is it that everyone was able to survive? >> i don't like using the term "miracle," because accidents on takeoff and landing are very often survivable. in my practice, i represented dozens of people, passengers and aircrew who have survived airplane crashes. and i think the takeaway is paying attention to the flight attendants. know where the exit door is. and if there is an accident, it may happen on takeoff.

be ready to follow instructions, get off the airplane. >> survivable on takeoff because the velocity isn't as high? >> it's really the forces, the energy. most airplane crashes, people die from blunt force trauma. so they never had a chance. when you have a landing, accident like the aseana, forces are not so great and survivability is a high likelihood. post-crash fire is what we're seeing. and i think what you have to say is how did all those people get off so quickly? there may be a heroic flight attendant. >> the post-crash fire, a plane is still fuel of fuel. . >> that's the biggest issue. on takeoff, the airplane is heavy, fuel of fuel, going slow, it's near the ground. all of those factors raise the possibility of a takeoff

accident. >> the key is to get out early. one of the things that's interesting about this particular accident, the plane went 500 feet on the runway before this all happened. what questions do you have about this? >> first of all, the run way is over a mile long down here. so they had plenty of runway. 500 feet doesn't seem that much. i haven't gone and measured how far they went down the runway before they tried to take off. but the key is pilots on takeoff are always ready to abort a takeoff. they get to a point of their decision speed they have to go or don't go. unless the airplane is unflyable or unsafe, the pilots are going to take off. a problem in the takeoff role that doesn't threaten the safety of the flight is not going to cause a pilot to abort. the big question is did they

abort too late? were they not aggressive in how they did the abort? those are the big questions of the ntsb. the ntsb will find this out really quick. there is cockpit voice recorder, two live pilots. it's going the come out real quick. >> as a passenger, things you should be aware of that increase your likelihood of survival. . >> the takeaway i think everyone should know is airplane crashes can be survivable, especially on takeoff and landing. so pay attention to where you're sitting. pay attention to what you're wearing. have sensible shoes on. know where the exit is. it might be behind you. pay attention to the flight crew. . >> sometimes you have to think about the clothes you're wearing. wear stuff that isn't flammable. >> right. >> good to see you. if you're as young as 40, you could sooning be eligible

for a booster shot. we have news about the queen's health. why she suddenly canceled a trip.

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new this morning, a source telling cnn that the fda is likely to recommend coronavirus booster shots to people as young as 40 who received either the moderna or pfizer vaccines. elizabeth cohen with us on this. last month they authorized boosters for 65 and older. so why the change here? >> reporter: brianna, new data keeps emerging. we have seen that before in this pandemic. new numbers come in. and that prompts public health policy change. so what's happened here is there's been new data that shows the people in their 40s and 50s are ending up in the hospital

sometimes even though they've been fully vaccinated because it has waned. israelis noticed the same thing really months ago. as we have seen so often in this pandemic, what happens in israel with the vaccine is seen soon thereafter in the united states. so let's take a look at what a source is telling me will likely change. right now the pfizer booster is currently recommended for everyone over age 65 or 65 and older. and for some younger people, too. people with underlying medical conditionsing et cetera. health officials are likely to change that to be everyone over age 40 or maybe over age 50 and moderna is likely to have the same rules. a panel of cdc advisers are meeting this week to look at boosters. so expect to hear more in the next few days about any new rules. brianna. . >> elizabeth, we'll be watching

that. thank you. the brooklyn nets lost to the milwaukee bucks last night. the game -- the other big story line of the game, though, surrounded the star player the nets were without, kyrie irving, who cannot play or practice with the team until he is vaccinated. adam silver is urging irving to get the shot. now charles barkley had really interesting remarks. >> i got vaccinated. i can't wait to get the booster. you don't get vaccinated just for yourself. like adam said, you get vaccinated for your family first. you get vaccinated for your teammates second. things like that. that's what bothers me about this whole thing. i think everybody should get vaccinated. let they tell you something, i am proud of the nets for putting their foot down for saying, no, we're not going to deal with this half on, half off.

the only thing that bugs me he is still going to make $17 million sitting at home. if he wants to go on this thing -- people say he's like ali. first of all, don't compare anybody to ali. this guy going to make $17 million for sitting at home. you don't get vaccinated just for yourself. >> barkley was talking about kyrie irving's contract. he will still get played even though he's not playing. he said nobody should be forced to do anything with their bodies. >> i feel like that is an excuse that we hear a lot. we have heard from people around him who said he doesn't want to be anti-vax. it's not that i want to come to work. i just don't want to be told to

come to work. >> if he believed in the vaccine well before new york city put those rules into place. . >> yes. >> no one told him to do it, and he chose not to. . >> to be clear, i like coming to work, with you. >> at least on tv. . >> so if they pay the ransom, you can kiss us all good-bye. that is from a local priest who was kidnapped in haiti. the president on voting rights and whether he is trying to do away with the filibuster. . they're power-packed vitamins... that help unleash your energy. loaded with b vitamins... ...and other key essential nutrients... ...it's a tasty way to conquer your day. try centrum multi gummies. now with a new look. ♪

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administration been relentlessly focused on this, including sending a team to haiti from the state department, and we will do everything that we can to help resolve the situation. >> secretary of state antony blinken negotiating over the safe return of 17 can kidnapped missionaries in haiti stretches into a fourth day. the violent gang that abducted them are demanding $1 million per person. john you new reporting this morning. >> reporter: that's right. and one thing i have to say, there have been multiple examples, john, that these christian aide missionaries had close calls long before what happened on saturday, going all the way back to 2019. they were in a truck outside port-au-prince airport, was rushed by a group of men. got away that time.

i talked to father rick, an american priest who has been working in haiti for years and years, best known for delivering medical assistance to children in haiti. he has been called in to work on 80 of these kidnapping situations, including four including 400 mawozo. he told me that he believes there is grave danger for visitors if a large ransom is paid. listen. >> for sure if there is big ransom paid for these people, you can kiss all of us good-bye because there's not going to be hope for anybody. and i know the case is so public because they're white people. there were over 200 kidnappings. it is a litmus test for somebody

else who is white like me or somebody else who is a foreigner here. it is kind of a litmus test. but for the public, it's going to be a sign of is there any last straw, or are we all totally in the jaws of these lions now? >> reporter: so the kidnappers in this case, as john noted at the top, have asked for $17 million for the release of the missionaries. father frechette said the numbers can go down but also says it can take weeks and weeks to negotiate the process all the way through to the end. back to you. >> what an interview. we are in the jaws of these lions. joe johns, thank you very much. the head of iowa's democratic party said he received racist threatening messages after he criticized donald trump.

he wrote an op-ed in the des moines register ahead of trump's rally in the state. he criticized the former president and iowa republicans who put loyalty ahead of helping iowans. he received several racist messages, including a voice mail that referenced lynching. they are investigating the threats. the biden white house under mounting pressure to act on voting rights. sources tell cnn the administration is not ready to blow up the filibuster to ram a bill on this through the senate. jeremy diamond is at the white house this morning. so where does that leave us, jeremy? >> reporter: listen, that mounting pressure manifested itself in terms of mounting frustration from civil rights leaders. that growingen increasingly vocal as well. we are hearing about it saying they have not done enough to get it through congress.

even as another test vote is set up for today, a major vote on new compromised voting rights that was crafted in part to accommodate senator joe manchin's concerns, that vote is not expected to attract the 10 republicans if any republicans in order to pass the senate. and the reality is the white house at this moment has not decided whether they are ready to blow up the filibuster in order to get that done. what they are certainly not willing to do yet is to pressure senator manchin, sinema, the two democrats who are opposed to blowing up the filibuster for voting rights legislation, they are not willing to put the capital to that. instead, they are focused on the build back better agenda, $3.5 trillion reconciliation package they are trying to get through. it is looking more like $1.9 trillion at the moment. the reality is what we are going to see from the white house instead of this effort to pass this through legislation, we're going to see a ramped up public

facing campaign, especially heading into the midterms next year. brianna. >> jeremy diamond live from the white house. thank you. we do have more on our breaking news. republican liz cheney raising the possibility that both former president trump and his former top aide steve bannon were in on planning the capitolen sur recollection. the latest details coming up. i'm told there was baseball last night, but pretty sure we can skip over that. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. people, with quickbooks live someone else will do your books for you. they'll even pair you with an expert bookkeeper like me, who knows your business. knows... your... business! expert bookkeepers who understand your business. intuit quickbooks live bookkeeping.

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so we're pretty tight on time. i'm not sure we have any time for the next story. it involves a baseball game last night. andy scholes with the "bleacher report". 'd, you're going to have to make it quick. >> reporter: actually, john, i think with he should make time

for this story. quite the turnaround for the houston astros. sex outs away from going down 3-1 to the boston red sox in game 4. jose altuve coming through in the clutch. solo home run in the eighth inning tied this up at two. at the top of the ninth, nathan thinks he gets a strike to end the inning, but it's called a ball. rbi single to center. flood gates open from there. astros score seven runs with two outs in the ninth. they won 9-2 to end the series. game five today at 5:00 eastern. dodgers, meanwhile, looking to avoid a 3-0 deficit to the braves. they were in a world of trouble. down 5-2 montana eighth. two on for cody bellinger. he blasted a three-run home run to tie the game.

mookie betts with an rbi double. they win it 6-5. l.a. look to even the series at 8:00 eastern on tbs. elsewhere, the drama in philadelphia is reaching its boiling point. ben simmons has been suspended for tonight's season opener against the pelicans for conduct detrimental to the team. doc rivers kicked the all-star out of practice after he refused to take part in drills. joel embiid has had it with the situation. >> at this point i don't care about him honestly. he does whatever he wants. that's not my job. at the end of the day our job is not to babysit somebody. >> the 76ers, the greatest soap opera we have right now in the man. simmons is there to collect a paycheck. embiid doesn't want him there. >> i don't care about that man.

>> strong words. >> cold. congratulations on the astros game. they were terrific. >> good series. we're looking at nicole kidman in one of the most dramatic transformations of her career, becoming the legendary lucille ball. >> reporter: it's your first look at nicole kidman as lucille ball. >> i get paid a fortune to do exactly what i love doing. >> reporter: the film is written and directed by andrew sorkin. and javier bardem plays her husband desi arnez. based on the trailer, it appears one of the show's most iconic scenes made the cut. yes, we're talking about lucy stomping some grapes. the film premiers in theaters and streaming platforms this december. >> is that lucille ball or nicole kidman. .

>> it looks so much like the original scene stomping the grapes. the preview is really interesting because you hear her voice as lucille ball, and she sounds exactly like her. >> i know. i think it's amazing. she's had some roles where you just get lost in the role. you forget it's her. and i love javier bardem. democrats seem to be nearing a deal on the spending bill. we have details about the concessions, and they are significant. president biden proposed during meetings with progressives and moderates yesterday. an emotional school board meeting in texas where a school board member was told to teach opposing views on the holocaust. one spoke out about anti-semitic bullying he endured there. from liberty mutual

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we have breaking news out of london. buckingham palace says queen elizabeth canceled a trip to northern ireland and reluctantly accepted medical advice to rest for the next few days. max, what are we learning here? >> reporter: well, on the face of it, it feels quite alarming because the queen never cancels engagements last minute like this. she has canceled that series of engagements that she had over the water there. i followed up with the royal source, someone close to the queen. he has pointed out she's resting at windsor castle and emphasizes she's in good spirits and that this is not covid related as well, by the way. emphasizing she's in good spirits and very disappointed she can't travel across to northern ireland. and also pointed to these images from last night where she was at an engagement meeting business leaders, clear there i in good

spirits. there have also a video call between windsor castle and new zealand as well where she was speaking to the new governor general there. we heard the audio from that, and she sounded really well. they are, out of caution, asking her to stay behind, not go to northern ireland. they are playing down too much concern here. we'll watch it. she is obviously 95 years old. at the moment she is in good spirits and recovering in windsor. >> we'll keep an eye on this, max. thank you. so dozens of community members spoke out at a school board meeting in texas after one of the administrators was recorded telling educators that a new texas law required them to teach opposing views on the holocaust. one of the students who spoke out, one of the people who spoke out was a former student who said he dealt with anti-semitic bullying when he was in school there. >> the facts are there are not two sides to the holocaust.

there are not two sides of slavery. a moment where barely 150 years removed from. there are not two sides to jim crow, racism, and the same oppression continues today. these are facts. i was bullied on a daily basis for nearly two years, nearly driving some he to suicide, being removed from the environment thanks to an administrator. the message you and the state are sending to your teacher opens the door for more behavior to your students. if you don't think they are happening today, you are sorely mistaken. >> joining me now is jake berman. no relation. jake, nice to see you today. as someone who says you endured anti-semitic bullying in this school district.

the teacher saying teach opposing views on the holocaust. >> certainly jarring. ultimately, i think that from all accounts she's a very capable administrator. and she was put in a really difficult situation. i think the fact that, you know, the school district came out and said that there aren't two sides was obviously the right move. ist calls to attention in my opinion to the larger issue here that she was put in that situation. that the teachers were put in that situation and that i felt the need to sort of speak out that, you know, this is possible for students to endure today of not just, you know, anti-semitic bullying but obviously on race, religion, creed, gender identity. >> your issue is with the law. the idea that someone could interpret this law as meaning there could possibly be an opposing view to the holocaust worth teach something. >> yeah.

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