she was always out of breath. that's when i decided to introduce the farmer's dog to her diet. it's just so fresh that she literally gets bubbles in her mouth. now she's a lot more active she's able to join us on our adventures. and we're all able to do things as a family. ♪ get started at longlivedogs.com it is the top of the hour. good morning, everyone. i'm poppy harlow. >> prosecutors say too little, too late. overnight the department of justice hit back against steve bannon, the former trump adviser now says he is willing to testify before the january 6th committee, after, however, months of refusing to cooperate. the doj says bannon's last-minute change of heart is,

quote, irrelevant to the contempt of congress case against him. that is set to begin next week. the doj wrote, quote, the defendant's sudden wish to testify is not a genuine effort to meet obl gigations, but a last-ditch attempt to avoid accountability. >> bannon's reversal comes after he received a letter from former trump that waives executive privilege, but new court documents show that an attorney for former president trump actually spoke to the fbi weeks ago and contradicted bannon's claim that the former president had invoked executive privilege over particular information or materials, so who is telling the truth and who is not? more on that in a moment. >> also, in the january 6th public hearing that is tomorrow, this is the next one, the panel is expected to focus on how the violent mob came together, the rule of extremist groups in the deadly insurrection, and any connections of those groups to

trump's inner circle. a former spokesman for the oath keepers, a far right malitia group, is set to testify publicly tomorrow about the group's inner workings and the role it played in trying to overturn the election. >> just to give a historical precedence to this group and how they have kind of radicalized. i purged my life of that world years ago. >> so you don't even know, like january 6th was a shock to you? >> all i'm doing is giving a historical precedence. that's the extent of my knowledge base. >> let's begin with developments regarding trump ally steve bannon saying he's now willing to receive. jessica schneider joins us now. he was supposed to testify by october 21st, soo you understand the department's position. >> steve bannon's trial is set to begin one week from today so prosecutors are accusing steve

bannon and his legal team of trying every trick in the book to change the optics of this criminal contempt of congress charge. they're saying that really he's about to face the consequences, so now he's really throwing anything against the wall to see what sticks. and the prosecutors here are saying that you can't cure a criminal contempt of congress charge by later agreeing to comply. they say that doesn't fix it. and furthermore, they're saying bannon hasn't complied fully. he's now saying that he will testify, but he hasn't turned over all of the documents that were requested in the subpoena. so prosecutors are putting it this way, writing this, they're saying that defendant apparently has not told the committee he wishes to provide documents responsive to the subpoena, so his 11th hour efforts do nothing to cure his failure to produce records. instead, his continued failure to comply with the subpoena's document demand, while claiming he now will testify, suggests his actions are little more than an attempt to change the optics of his contempt on the eve of

trial, not an actual effort at compliance. in addition to this, the filing here, there's also this revelation that trump attorney justin clark actually is now saying that the trump legal team never told steve bannon that he should claim executive privilege. they're saying that the president himself, the former president, never told him that he was invoking executive privilege. they put it this way, saying the defendant's attorney, the president's counsel made it clear that the letter provided no basis for total noncompliance. so they're saying here steve bannon should have complied in some way, but yet he did nothing. and that's exactly what this trial is about. >> remarkable to hear that from the president's own attorney, saying there was no executive privilege to be waived because it was never claimed. >> who knows what more is to come because we know clark sat down with the fbi in an interview, so he may have said a lot. >> thanks so much. we're learning that during the hearing that is tomorrow

afternoon the january 6th committee will focus on connections and trying to connect the dots between the former president's inner circle and far right extremist groups who took part in the insurrection. let's go to melanie zanona on the hill. there is a direct link from the groups to the president's inner circle. how close it gets to the president is the key question for tomorrow. >> reporter: they've tried to establish a clear link between trump and his inner circle and right wing malitia groups. they'll be focusing on how it was assembled and there will be at least one live witness tomorrow, a former spokesperson for the oath keepers. more exactly, we're expecting the select committee to focus on a tweet from december 2020 in which trump encouraged

supporters to come to d.c. on january 6th and told them it will be wild. a democratic member of the committee told nbc that tweet was seen as a call to action among these extremist groups and it helped mobilize the mob. take a listen. >> we will lay out the body of evidence that we have that talks about how the president's tweet on the wee hours of december 19th, of be there, be wild, was a siren call to these folks. and we'll talk in detail about what that caused them to do, how that caused them to organize, as well as who else was amplifying that message. >> reporter: we're also expecting the select committee to highlight an oval office meeting before that tweet between trump and some of his allies, including sidney powell and michael flynn where they discuss ways to prevent the certification of joe biden's victory. so we could really start to see the closing arguments start to take shape.

now, we are expecting at least one more prime-time hearing that will focus on trump's actions or lack thereof on january 6th but the committee has not ruled out additional hearings, especially since they continue to unearth new information. just on friday the committee interviewed former white house counsel pat cipollone for eight hours behind closed doors so we could certainly see his testimony pop up in future hearings. >> on that point of the eight-hour deposition with pat cipollone on friday, i mean, what came of it, the main headline that they would share, because they won't tell us everything yet and we'll see clips of it tomorrow, but essentially he didn't predict anything, specifically the testimony of former white house aide cassidy hutchinson. he did invoke his fifth amendment several times and he didn't questions that were obvious. they didn't try to get him to cooperate. >> reporter: what the committee has said is they didn't specifically ask him about other

people's testimony. so he wasn't directly asked to confirm or deny. but everything that he said did not contradict previous testimony. in fact, committee sources have said that they were very satisfied with what he told them, that they made a lot of headway despite the fact that he did invoke executive privilege on a few issues. it is almost certain we will see clips of testimony at future hearings. >> thanks very much. joining us now is former u.s. attorney, deputy assistant attorney general harry litman. good to have you on, sir. i wonder, first on the executive privilege claim that apparently never was, what does this mean for the former president if he did not, in fact, claim executive -- or invoke, rather, executive privilege? does this affect access to other potential witnesses and documents for the committee and courts? >> look, he never had executive privilege to apply in the first place. he wasn't the president, we only

have one at a time. that's one of only six reasons why his claim orbanen's 11th hour claim of executive privilege is bogus, and as jessica mentioned, the attorney said he never did. so it's really a non starter in eight different ways. but it doesn't apply to anything else because trump doesn't have any executive privilege to waive. it's just a last-minute employ to try to affect the dynamic of the trial. >> harry, you are skeptical that bannon will ever testify. his demand is i will testify before this committee, but you can't depose me behind closed doors first. you have to do it all in public. basically hand me the microphone on live television. i can see the appeal of that from his perspective, however that's not how, as you point out, prosecutors work.

i just wonder what you think bannon is trying to do here. big picture. >> yeah, and of course his reputation as a scoundrel of the first order proceeds him here. the doj filing confirms that he's trying to gin up some kind of legally lousy, but maybe he thinks factually sympathetic argument that, hey, now that he's waived i'm happy to comply, i just didn't do it before because he hadn't waived. and for all the reasons we said before, it doesn't fly. over to the january 6th committee, even with hutchinson, they deposed her four times, this has been a very meticulous committee. they've bdone blockbusters but they knew every single word that was going to be said before it came. if you were ever going to put up a witness, the last person would be steve bannon who is skquirrey

and swash-buckling. >> these may be the last public hearings for the january 6th committee this week. given what you've seen so far, the evidence as a lawyer, has the committee made the case that the former president broke the law? >> yeah, i think so, jim. i think they actually had made it before that he had broken some laws. and then the blockbuster testimony of hutchinson i think put it into a whole different realm of seditious conspiracy because it introduced the element of force, trump's knowledge of the force and even his eagerness to encourage the force. so i think evidentiary wise they've got a solid case. of course, that will have to be balanced against the welder of policy considerations about indicting a former president. but i think evidence-wise they've got it stitched up pretty well. >> huge decision ahead for

merrick garland. good to have you. >> good to see you. still to come, the sheriff in uvalde, texas, is expected to testify one hour from now in the investigation into that completely failed response to the robb elementary school mass shooting. he previously refused to speak with the statehouse committee, so this is an important development in the massacre that left 21 dead. we'll have details on that. >> also, this fast-growing fire in yosemite national park threatening giant sequoia trees thousands of years old. we'll talk to a park ranger ahead. >> new cnn reporting this morning, why prom dent democrats are closing ranks around president biden ahead of the 2024 election. what's happening? stay with us. alice loves the scent of gain so much,

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including uvalde county sheriff, who has now agreed to cooperate in the hearings. so many questions here. >> how could you not cooperate with everyone right away? 21 people, all of those children. sources say a preliminary report could be released within the next ten days as to what happened and all of those failures from law enforcement, as the uvalde community and parents are demanding answers and accountability. our crime and justice correspondent who has been literally pounding on doors for answers since this happened, shimon is live in san antonio. we're hearing the chairman is pushing for the release of hallway surveillance from the shooting. that could tell us a lot. >> one of the key things, and this is what a lot of the local authorities are pushing for, because so much blame has been put on the uvalde school police department and the local police department, and we've heard the mayor talk about this, saying

why is it that we're not hearing anything about the state authorities, the other law enforcement officials that were on scene. and they believe that hallway, that video from the hallway will show us all the officers that were there, and it's going to be bad for everyone, but they have issue with the fact that everything is being blamed on one police department. so that is why there is this fight. of course, the district attorney, which no one can understand why, she has basically stepped in and told authorities that they cannot release this video, so there are all kinds of negotiations under way. as these investigations still go on, poppy, you make a very good point. why is it that law enforcement officials would not want to cooperate in this investigation? why is it that everyone is pointing fingers at each other and there's all this in-fighting, in what is one of the worst shootings in this nation's history. so we have these investigations that are ongoing over the state legislators who are doing their own investigation, they want this video released.

we have the head of the department of public safety who is testifying again, the sheriff is going to come in and testify today. he initially refused to come in, they kind of had to force him to come in and testify. and so we'll see. we don't learn really anything from the testimonies because it's all being done in secret and behind closed doors, but they say they will have a report, they think, in the next ten days. then, of course, there are the state investigators that are doing their investigation and at some point, it could be months, we'll learn information from that investigation. >> shimon, thank you so much for pressing for answers there. this week president biden makes a really significant trip to the middle east, stops in israel and, of course, saudi arabia. that's getting a bulk of the attention, jim. >> potentially consequential trip. as a candidate he vowed to punish the kingdom for the brutal murder of jamal khashoggi. this week he meets with mohammed

bin salman. then candidate biden, as you know, vowed to make saudi arabia a pariah, his words, now he's defending the trip. i wonder how he's trying to balance those two things. >> reporter: well, jim, president biden is trying to address some of those concerns surrounding his trip head-on, arguing that he is making such a visit in order to strengthen the security and strength of the united states. now, the president will first be making a stop in israel and the occupied west bank, but it's that visit to saudi arabia that is drawing the most attention and concern. and so much of that centers around president biden's own comments as a candidate when he vowed to make saudi arabia a pariah state due to their involvement of the murder of "washington post" columnist jamal khashoggi. the president also releasing the intelligence report that showed that the crown prince directly ordered the murder of khashoggi

as well. while the president will be in saudi arabia for a larger meeting with leaders, he will be meeting with saudi arabia's king and leadership team, and that includes the crown prince. that meeting has drawn some criticism from members of the president's own party and the president has acknowledged those disagreements about his visit. in a "washington post" op-ed over the end, he defended the visit, saying my aim was to reorient but not rupture relations with a country that's been a strategic partner for 80 years. my aim will be to strengthen a strategic partnership going forward that's based on mutual interests and responsibilities, while also holding true to fundamental american values. so much of the rebalancing in this relationship has to do with the shifting geopolitical landscape as the u.s. is trying to counter russia's aggression in ukraine, as well as competing with china. then there are all those concerns about rising energy prices.

all eyes will be on the meeting, what actions the president will have with the crown prince after he vowed to isolate him for the murder of khashoggi. >> brutal murder, the disposal of his body afterwards, harrowing when you remember the details. fire crews are working to steer a growing wildfire away from yosemite national park's legendry giant sequoias. cnn is live on the scene with the details next. >> we are also moments away from the opening bell on wall street. futures are lower. investors waiting for the start of second quarter earning season. those numbers will show us the impact of inflation on corporate profits and also this new rise in covid cases, particularly in china. meanwhile, the price of oil is dropping and that is leading to some relief for drivers at the pump. according to aaa, the national average for a gallon of gas has fallen about 30 cents from a month ago.

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. a fast-moving wildfire yet again is threatening yosemite national park's giant sequoia trees.

so sad to see this. >> there is actually, if you can believe it, i did not know this existed until today, a sprinkler system putting out a steady spray of water in an effort to keep them alive, keep the fire from reaching these ancient redwoods. among them, the famed grizzly giant, the second largest in the park at 209 feet tall, about to be 3,000 years old. our national correspondent nick watt is in yosemite national park with the latest. what can you tell us? >> reporter: well, poppy, we heard last night that the fight to save these trees is going well, but as the sunrises, the temperature is going to climb and the fire is expected to spread. it's not the size of the fire, it's the location that is the issue and we are told that flames got within a mile or two of the grove, home to 500 of these majestic, ancient trees. so more than 500 firefighters are on the ground, there are hot

shot crews digging trenches around the ancient sequoias and there's a sprinkler system to save a 3,000 year old tree. we've seen air drops of retardant to try and suppress and contain this fire before it reaches these trees. now, this is a very difficult area in which to fight fires. there are dead trees still standing, which pose a great danger to those firefighters. it's hilly terrain, it's rocky, it's woody, it is difficult to get in there. but what firefighters do have on their side is burn scars from previous fires and the hope is that today the fire will reach those scars and the scars will then slow the flames down. now, also in danger, the historic hotel, more than 150 years old, that has been evacuated. the southern entrance to the park is closed right now. the grove is obviously closed, while those firefighters battle

to contain. cautious optimism, but this fight is far from over, guys. >> glad you're keeping a close eye. nick watt there, thank you so much. joining us is a park ranger with yosemite fire. she's joining us by phone. nancy, we're seeing some of these efforts to save these trees, including the sprinkler system around one of them. i wonder, what's your assessment of the fight right now? are you going to be able to save those trees? >> jim, we have a confident plan in place, and like your correspondent was saying, the combination of the removal of the hazard fuels and the prescribed burning that we've done, with the temporary sprinkler system that is in place, we are confident that's giving those giant sequoias the best protection available. >> do you have any indication yet on what may have caused this particular fire? >> that's a good question,

poppy. the fire is still under investigation. it was reported at 2:00 in the afternoon last thursday and the national park service, yosemite actually has fire investigators who were on scene right away. so we have a team looking into that and working on that. >> nancy, as you know better than us, these fires are becoming bigger, they're becoming more common, more frequent in the american west. so my question is, going forward, if the big trees survive this fire, what are the chances they survive the next and the next for the long term? how much more time do they have? >> right. well, the sequoias are very fire resistant, and as we go back to focusing on those prescribed fires, it's called prescribed fire for a reason. as adults and humans go to the doctor, we get a prescription from a doctor. what we're doing as fire

managers and scientists are taking a look at the conditions of the trees and what do we need to prescribe, what conditions are in place. and so really focusing on that, and when unwanted fire comes into the area, once they hit the treated prescription, it really does tend to slow the rate of spread and really help us get some containment. so they are a fire resistant tree. >> what do you think people don't understand most about what is happening in yosemite right now? the big picture here. because we seem to see more and more of these fires that are more and more destructive year by year. >> right. and it's not only the trees, it's our community, our community has been evacuated and it's so difficult to be displaced and separated from your belongings and your home

and your comfort. big picture, yosemite is a land for everyone. the grove was set aside in 1864 in the midst of the civil war with president abraham lincoln and that land was recognized as something that needed to be protected and preserved for all future generations, for everyone across the nation. and so this whole section, it's a vast dynamic history that it's very powerful. >> a national treasure. nancy phillipe, thank you for talking to us and to your whole team on the ground there. >> thank you. ahead, the supreme court's decision to overturn roe v. wade has led to an investigation into how data companies are handling reproductive health information. we're going to talk to one of

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[lazer beam and sizzling sounds] ♪ right now president biden is facing a crisis of confidence within his own party. a newly released "new york times" poll shows 64% of democratic primary voters do not want biden to run again in 2024. new cnn reporting suggests they may not get their wish. there's been a lot of talk here,

both in public and private, that, hey, maybe he's not the man, the candidate for 2024. but you're finding now the party is rallying around him? >> look, i talked to the people who get chattered about the most as po tenchl challengers, gavin newsom and ro khanna, a congressman from california who might do a renegade maverick run. they said, absolutely not, we're not running, i'm not running, and it would be a mistake for the party to do anything like this. >> but they have the history of presidential campaigns, those that promise not to run can become campaigns eventually. >> that's totally true. >> how locked and loaded? >> but the other history of presidential campaigns is when you have had incumbent presidents face a primary challenge, ronald reagan, jimmy carter, george bush, it hasn't worked out for the primary challenger and it hasn't worked out for the incumbent president.

>> it undermines the incumbent in the general election. thank you so much. we'll be watching closely. the house oversight committee will investigate the use of reproductive health data collected by technology firms. three democratic lawmakers sent letters to a handful of data companies requesting a lot of documents and information on their data security practices. let me read you part of this letter. quote, the collection of the sensitive data could pose serious threats to those seeking reproductive care, as well as to providers of such care, not only by facilitating intrusive government surveillance, but also by putting people at risk of harassment, intimidation and violence. joining me is one of the authors of the letter, congressman, thank you very much for the time. i read through the letter this morning and you guys seem very worried, given the history of a lot of big tech companies with handling private data, but also your concern seems to center on the sharing of the data gathered

by these apps with big third party tech companies. so i'm interested in what specifically you think needs to change to protect it. what specific changes are you guys calling for? >> first of all, we're trying to sh shed sunlight on the privacy policies of these different apps. as you know, millions of women entrust deeply personal reproductive health data with these apps and the companies that manage them, so we're trying to find out what are their policies with regard to sharing this information, who has actually accessed it and what are their policies going forward now that roe v. wade has been overturned. separately, we've initiated legislation to put more privacy protections in place with regard to this information. >> okay, the white house has warned about some of these apps, not all of them. but saying people need to be, and i quote, really careful when using, for example, a period

tracker app. i mean, that's saying a lot coming from the white house. is your assessment at this point that these apps are safe to use at the moment? >> not all of them, poppy. it appears that many of them actually share information without the consent of the women or others who are using those apps. and so we are trying to shed sunlight on those policies and exactly which companies are doing what so that women can actually make better informed decisions in the mark petplace,s we're pursuing legislation to provide privacy for everyone. >> president biden signed an executive order on friday trying to protect abortion rights, but there are some, not just activists, but some in congress, including the congressional caucus who tweeted out it's a start, but it's not enough. i wonder if you agree with them.

>> i think we need to do more. i think, quite frankly, in congress this week we're taking up two bills. one to protect those women who are traveling from states where abortions are outlawed, to other states such as illinois where they can get reproductive health services. we also need to codify roe. of course we're going to be taking up another bill to do that this week, but in the senate, unfortunately, there's a filibuster in place with regard to that legislation, which means we have to get more senators elected to potentially create a carveout within the filibuster to allow for roe v. wade to be codified. >> congressman, i would like to turn and talk about guns and red flag laws, given the tragedy in your state, the highland park mass shooting, the tragic number of shooting deaths in chicago as well. illinois has red flag laws but it didn't work in the highland

park case. we now know a lot about all of the missed warning signs, the numerous times police were called to the home of the shooter, the parents' unwillingness to raise a red flag, if you will, and the way the red flag law is written in your state is that family members have to raise it. for example, police can't initiate it. and i wonder if you think the text of the law now needs to change. >> yes, and i think that's what the governor and the general assembly here are planning to do, poppy, in the upcoming special session. but more generally, this particular shooter who took the lives ofbut more generally, thi particular shooter who took the lives of seven people used a mi police, so we have to look at a bigger issue both in this state, as well as nationally, which is should we allow such weapons of war to be accessible by people

like this person, mr. crimo, the shooter, or anyone. i think the answer is no, because, unfortunately, these ar-15 and other semiautomatic weapons are the weapons of choice in these mass shootings, which are increasingly becoming prevalent everywhere. >> i would like to ask you more broadly about chicago. you called the highland park, a little boy paralyzed, dozens injured. the same weekend, july 4th holiday weekend, in chicago you had 71 people shot, eight people killed. j.r., a resident of the south side of chicago told the "washington post," quote, we are getting ignored. kids get shot here, they throw them in bags and they keep going, but they've got the whole s.w.a.t. team out there on highland park trying to get to the bottom of this.

i promise you, he's not alone, and i wonder what you say to him. >> i think he's right, i think we have to bring more attention to the daily unfortunate mass shootings that are happening in places like chicago and elsewhere. but that's going to require federal gun regulations, poppy. in chicago, for instance, 60% of crime guns, those are guns found at crime scenes, are actually coming from other states like indiana, wisconsin and other places, where the regulations are so lax with regard to these weapons. only national common sense gun control can prevent these tragedies that are unfolding every day in places like chicago and other cities. >> congressman k, thank you for your time this morning. >> thank you. coming up, cnn is in tokyo

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in tokyo today, mourners are paying their respect to the former prime minister who was assassinated friday while campaigning for candidates from his party. >> still such a shocking event. earlier antony blinken made an unscheduled trip to japan while traveling in asia to offer the biden administration's condolences.

our national correspondent is live with us from tokyo. tell us what we know about the funeral print plans tomorrow? >> the funeral is scheduled to take place and really take place over several hours tomorrow at the buddhist temple. it is a process and a ceremony that is really going to be preserved as a private manner for the family and close dignitaries. this temple is going to be a place for the public together as well. we saw glimpses of it today for the weight for the former prime minister. we saw a steady stream of well- wishers. people who probably had never met the prime minister and had never shook his hand. they were dropping flowers. they were gathering around a picture of the former prime minister to pause and pray and to lee flowers and it really was a way for them to begin the

process of shock and horror that this happened in a country that does not experience gun crimes. it is a completely foreign experience for them. when i was speaking with one man who had come here, he said he just wanted to stop and note what had happened. this was something he still could not understand. >> do you have any updates on the suspect? any new details or timeline? >> yeah, we are getting quite a bit. on that exact point, a timeline is beginning to form around the 41-year-old suspect. the timeline we understand according to the police that he had actually been planning this for quite some time and that he made these handmade homemade pistols by watching youtube videos and he put them all together with adhesive tape and have practiced using some of these handmade devices in the mountainside and that he knew exactly when the former premier

would show up in his hometown and that he had almost chased the appearance before the prime minister, former prime minister had shown up and as far as motive, we understand from what the police tell us, he was motivated by anger, resentment and a grudge that he held against the former prime minister. believing that he had ties to some sort of group. that group, according to a press conference held by the japan branch of the unitarian church is that church. they say that shinzo abe did not have ties to them and the suspect was not a member of the church but the suspect's mother was. they were aware that she had become bankrupt in 2002 but they still were quite confused about exactly how that sort of resentment might end up in such an elaborate murder. >> thank you, we really appreciate your reporting being on the ground there.

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a very good monday morning to you. >> we are glad you're with us. key trump ally, steve bannon, reversing course after months of defying the subpoena, saying he is now willing to testify before the january 6 committee. the department of justice said it will not help him in his criminal trial. the justice department is

pushing back. in an overnight filing, the doj writes, the sudden attempt to testify is not a genuine effort to meet his obligations but it's an attempt to avoid accountability. >> the deadline for testifying was nine months ago in october. this comes as we are learning about new court documents showing an attorney for the former president, spoke to the fbi weeks ago and contradicted bannon's claim that trump had ever invoked executive privilege with regards to their testimony. we are following that. and the january 6 committee prepares for its next public hearing tomorrow. they are expected to focus on how the violent mob came together and the role of extremist groups in the deadly insurrection. and their connections to trump's inner circle. a former spokesman for the keepers, a far right militia group that took part, is said to testify about the group's ne