call today. attorney general merrick garland has just issued a written statement about the ruling in texas saying today's ruling enjoying the texas law is victory for women in texas and rule of law. it is the foremost responsibility of the department of justice to defend the constitution. we will continue to protect constitutional rights against all who would seek to undermine them. attorney general merrick garland gets tonight's last word. "the 11th hour" with brian williams starts now. good evening once again, day 260 of the biden administration, as you've been following, breaking news tonight out of texas, federal judge has

temporarily blocked almost total ban on abortions in state of texas. tonight's decision follows a challenge brought by the biden administration filed after the supreme court quietly allowed the texas law to go into effect. in his 113 page ruling, u.s. district judge robert pittman wrote quote, a person's right under the constitution to choose to obtain an abortion prior to fetal viability is established. depriving its citizens of this right would be unconstitutional and the state contrived to do just that. texas has appealed this order to one of the most conservative appellate courts. also we're hours from a major deadline in the house investigation into the 1/6 riot and insurrection.

attempt to overturn our presidential election. house select committee investigating 1/6 about to face first major test. deadline for four of trump's top officials to respond to subpoena to turn over records and documents related to the attack. what they knew, what they knew it. all been told to show up for depositions next week. former president has threatened to stop his aides from giving information. saying we will fight the subpoenas on executive privilege and other grounds. only a sitting president can invoke executive privilege. congressman jeremy raskin, former impeachment manager on the committee described the next step should they try to defy the subpoenas. >> turn the information over to

u.s. attorney for district of columbia and try to get the department of justice demand they appear in court and be jald to the point they cooperate. could be civil contempt or contempt of congress where we define our own process hauling them in, perhaps fining them until they're willing to cooperate. we have committee determine canned to get to the truth about worst violent assault since war of 1812 on the capitol. >> been unable to serve dan scavino, largely responsible for handling trump's twitter account enjoyed the title of chief of staff. federal marshals can't locate him but other officials linked to the trump white house are cooperating with the

investigation. former doj second in command richard donahue spoke to the panel friday. he was figure in the campaign to get the doj to overturn the election. took detailed notes on conversation with jeffrey rozen. appear near a deal to keep the nation from economic collapse for now. with 12 days go before the government faces real possibility of not being able to pay its bills the minority leader said they'll allow an extension. likely to have the fight in december again.

mcconnell has been adamant that democrats would get no help to deal with the debt, most of it racked up in the trump administration. president met with bank and business leaders at white house to talk about how devastating a potential default would be, figuring big money would get attention of the republicans. also reminded everyone present raising borrowing limit was not linked to his economic agenda. >> let me be clear, raising the debt limit is paying old debts. nothing to do with new spending coming this year or other years, nothing to do with my plans on infrastructure or building back better, both of which are paid for. >> tomorrow the president heads to chicago to promote vaccine requirements. today number of infections topped 44 million in our country. in midst of the still uncontrolled pandemic there's welcome and historic news about

the development of another vaccine, this is a major victory for our world. for the first time a vaccine shown to prevent malaria has been approved by world health organization. kills half a million people a year. half of them children on the african continent. starting line, peter baker, journalist and author, "new york times." susan page, journal and author, "usa today," and claire mccaskill from the state of missouri. you're only known lawyer. you get to go first. excerpt from the federal judge's ruling tonight. we know because we live in the real world he was appointed by president obama.

from the moment senate bill eight went into effect, women have been unlawfully prevented from exercising control over their lives in ways that are protected by the constitution. other courts may find a way to avoid this conclusion is theirs to decide, this court will not sanction one more day of this offensive deprivation of such an important right. claire, what does this mean legally? and at ground level, what does it mean starting tomorrow morning for women in texas? >> it will be interesting to see whether the providers, health care providers in texas are willing to reopen their doors based on this decision and begin performing services that many women depend on because of facts and circumstances in their personal and private lives. what really is going on here, these legislators were too cute

by half. they thought they could use this new scheme of bounty hunters, so two yahoos, disbarred lawyers from parts beyond texas have sued a doctor who admitted he had performed an abortion after six-week cutoff. all of a sudden the guys that wrote the law are going this is not what we intended. of course it's what they intended. more focused on getting a vehicle to overturn roe than thinking how the law would play out. problem is as you noted in your lead-in, brian, it's going to the fifth circuit. ultimately this is going to land at the sport. question is will the mississippi decision control it. that case will probably be decided before the texas law will be acted upon. so this may be incrementally an erosion of a constitutional

right with 50 years of precedent in this country. >> peter baker, the other news today, economic disaster averted it looks like until december. what's the white house take on what transpired between the two leaders in the senate? >> well, they're arguing they kind of faced down mitch mcconnell a little bit, republicans said they were not going to provide any votes for raising the debt limit and weren't going to make it easy for the democrats to vote on their own to raise the debt limit, backed down for a couple extra months. not very significant, it's what congress does best, punt rather than decide anything. but the white house look at this is, you know, making the argument that republicans felt some chagrin at idea they would take a chance with the nation's credit worthiness, and idea that country could head into economic

default that would be devastating for americans across the board. they feel minor tactical victory in a sense. doesn't change things in long run, may give the democrats chance to decide whether or not to get rid of the filibuster for cases of the debt ceiling vote, which has been talked about for progressives last few weeks. >> susan page, tempted to say that elected representatives govern like drunks except don't want to offend or insult drunks watching. congress has put off a lot of business until around about december. i'm happy claire is smiling. sooner or later will be quite an agenda waiting for them. >> by the way don't buy nonrefundable tickets for christmas trial. this is going to be crux of the biden presidency in december it looks like.

while this is a temporary victory for democrats, for mitch mcconnell to blank on the debt ceiling i think is important. for one thing, he doesn't blink very much. that's something. giving democrats just a little space to get a deal on the infrastructure bill which is ready to go whenever they get the reconciliation bill together and we do see signs of progress there. about $2 trillion and still going to be debates what it will include and exclude but comes just at right moment for president biden who is getting hammered. job approval rating in quinnipiac poll is 38%, dismal news for the president. he's ready, willing and needs progress and victory coming soon. >> claire, this is where you come in again. let's talk strategy and runs,

hits and errors. i presume you share the frustration of a lot of democrats with the white house messaging effort. where is the barnstorming, where is the big themes telling americans what could be in these bills for them where they live? do you think the democrats should take these victories, perhaps texas ends up being a victory, perhaps even kicking the can down the road until december is seen as victory within the senate chamber, and get their fight on? >> yeah, i think it's really important that every single democrat realize that americans know what they're fighting about, they know it's a fight about process and trillions and trillions of dollars but they don't know what they're fighting for. they do know something about roads and bridges but most americans don't really know what's in this larger reconciliation package that is

the heart of the negotiation right now. how big will it be, what programs will be included, what taxes will be raised, on who. i think it's really important that they get away from the top line decision of how many trillion, whether manchin and sinema are going to do anything with the filibuster and hone in on the popular parts of the bill that most americans support. i agree with susan, political pressure builds, it was substantial and mitch mcconnell did blink. he will blink again. he's not going to let his members be the ones to be known as first political party to cause the united states of america to default on full faith and credit of this great nation. >> peter baker, we had chris matthews on the broadcast when his book came out.

asked how tip o'neill would sell the huge initiatives that biden presidency has come up with and is fighting over currently, he said without hesitation, he would have nationalized it. they'd be campaigning in all 50 states, prominent democrats have s press conferences in front of the decrepit bridge in every city across the country reminding them what they're going to get. is there any acknowledgment at white house level that selling and messaging of this has left a lot to be desired, and left a lot of selling points on the table by the way? >> president biden has been playing inside game most of the year, focused on how to get through a complicated congressional situation where the democrats have no margin for

error. republicans not playing on the larger social spending bill so his negotiations are with his own party where he can't lose a single vote in the senate and three in the house. but he's left the american public confused what they're debating. they hear numbers, tactics, progressive versus moderate. they don't hear what is at stake, a bill that encompasses one of the largest social spending initiatives since lbj and great society, expand medicare, have universal pre-k, help for parents for college, climate change. it's gotten lost in the wash of this very messy, sausage grinding legislative fight. i think that's kept the public off the table. they're not engaged in this. not lobbying members of the

congress one way or the other, pro or con what's in the bill, should they do it. sounds like a washington fight. >> susan, don winslow tweeted before we came on tonight, quote, can we bring back consequences, i miss consequences. along those same lines, great point, susan, let's talk consequences pertaining to 1/6 committee. assume most if not all of the big, bold-faced names subpoenaed are going to tell them to pound sand. what about the rights of us, citizens, people concerned that democracy had a very close call and continues to wanting consequences. >> one of the lessons of the trump administration was lack of consequences for defying

congressional oversight. does anyone think any of the people subpoenaed will comply with subpoenas tomorrow? i don't think anybody in washington thinks they will. question is what will the committee do about it. will they have immediate criminal referral? seems unlikely to send out sergeant at arms to arrest them and bring them to the capital, even though they did that a century ago. what is at stake is reality of congressional oversight. if by delaying action and defying congress they run out the clock, i think it's their strategy, where does that leave congressional oversight, the separation of powers in america, and our democracy? >> you guys all very great questions in midst of great answers to our questions. thanks to the starting line tonight, peter baker, susan

page, claire mccaskill, greatly appreciate you starting us off. coming up, chuck schumer called on republicans to get out of the way, some democrats declaring victory after what is after all a decision to kick the debt crisis down the road. one called the decision from the white house big news. will explain why that's so important. all of that and more as "the 11th hour" is just getting under way. in view of the washington monument and clearing skies, right after this. t after this enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood.

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working at recology is more than a job for jesus. it's a family tradition. inflammation: i prefer you didn't. jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. i think their play was make mitch take us as close to a debt limit crisis as we can to see if the democrats fold. when we didn't, they realized that global economic meltdown led by u.s. debt limit crisis

was going to blow them up with everybody else. so they pulled the plug on the plan, mitch folded and we have time to do build back better. >> sheldon whitehouse, perhaps hoping to earn the gratitude of a grateful nation, mitch mcconnell, ever the statesman, said he will not block a debt extension until december. it's tentative. new poll shows president biden's approval rating continues to drop as his agenda remains stalled. he's hit all-time new low, 38% of those questioned saying they approve of the job he's doing. we'll talk about this and other matters with two friends of the broadcast. eugene robinson, pulitzer prize winning columnist for "washington post" and tim

miller, contributor to the bullwork. 13 days in may, bobby kennedy said you went eye-to-eye with the soviets and they blinked. schumer/mcconnell less than that, is this a victory to the democrats and a thank you to mitch mcconnell? >> somewhat less fraught but fraught, global economic collapse if the u.s. defaulted on his debt and yes, mitch mcconnell blinked, no question about it. chalk it up as a victory for the democrats. they get, yes, only a few weeks, maybe a couple of months of extension of the debt ceiling but politics will be exactly the same when this comes up again.

you know, when it runs out again and we're once again at the brink. meanwhile they have time once again, not just to agree on the reconciliation bill, build back better agenda, but also to talk about it. and to explain it, first decide what's going to be in it, then let people know so they can sell it. that's what they ought to get about doing now. they have a big victory today, but let's get on with governing now. those approval numbers will stabilize. hopefully for biden, go up. >> tim, two things, number one to potential readers, your dramatic depiction of the criminal complaint against korey lewandowski this week was required reading.

number two, how much should biden and people around him be worried about these polling numbers? here's a free shot. how much of it is the result of crappy reporting by mainstream news media using kind of false equivalent standards that stopped in 1978 and is as if donald trump was never president? >> well, lot to unpack, brian. unfortunately most of the lewandowski material is not appropriate for family cable show. people can read it if they wish. biden's approval numbers, some of it is out of his hands, some in his hands. comeback of the delta virus is big reason seeing the numbers go up. point to red state governors for that but biden is taking the brunt of the pain. that's what happens with

presidents. and this quinnipiac poll could be outlier, take a deep breath before hyperventilating over it. point about the media needing to play both sides, give biden the same treatment they gave trump plays into this. but biden administration would be remiss to assume it's all those factors out of their hands. they fumbled the ball on some things in their hands. they had infrastructure bill on the 1 yard line they decided not to punch in, had interparty fighting. biden has shown patience, it's possible both will pass and nobody will remember this next november and will be fine and dandy. also a problem on the border they've stepped in as well. lot to deal with, some unfair, some they need to remedy. >> eugene, always quotable rick

wilson said this on welcome to twitter. for the 92nd time, for love of god democrats, do not play softball, exercise your power to the utter limit, the other side is going to do so. this was voiced on this broadcast by stevie van zant. when are the democrats going to find a war time conciliary as opposed to the student body presidents that make up the democratic caucus? >> yeah, they got to be more vicious and more ruthless. they got to play like the other side is playing and stop bringing penknives to the gun fights. but democrats have always lagged

behind republicans in going for the jugular strategic communications. they're not as good at coming up with the pithy phrase that sticks in the public mind. they're not as good or disciplined at driving it home over and over and over again. and they got to learn to do that. that's the modern world of politics, that's how republicans are managing to exercise such power in washington when they don't have power in washington. when democrats are nominally in control. they got to be better at that. >> sheldon, white house said today i believe on nicole wallace's broadcast, we're democrats, we're nice people. and guy has a point, for better or worse, that is their branding in 2021. both of these gentlemen have agreed to stay with us.

coming up, why a foreman top gop strategist thinks the republican party has gotten even more radical since the insurrection. ♪ ♪ you already pay for car insurance, ♪ why not take your home along for the ride? ♪ allstate. here, better protection costs a whole lot less. you're in good hands with allstate. ♪ ♪ i like it, i love it, i want some more of it♪ ♪i try so hard, i can't rise above it♪ ♪don't know what it is 'bout that little gal's lovin'♪ ♪but i like it, i love it♪ applebee's. now that's eatin' good in the neighborhood. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get

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♪ i see trees of green ♪ whose resumes on indeed match your job criteria. ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ republican party is more extreme and radical than it was on the date of the insurrection. it's more hardened in its faith to delusions. we have a real life autocratic

movement in this country. >> our friend steve schmidt not mincing words about the current state of the republican party. meanwhile donald trump poised to run again in 2024 continues to undermine faith in democratic institutions. >> the insurrection took place when they rigged the election. the crime of the century took place on november 3rd, not january 6. >> that's about how that went. back with us tonight, thankfully, eugene robinson and tim miller. do you concur with mr. schmidt that the party is more extreme today than on the afternoon of 1/6? >> well, brian, you know that steve is sometimes, you know, interested in hyperbole in his language. i don't think that's the case here.

i don't think there's argument counter to what steve said that party is more extreme. january 7th, lindsey graham, john cornyn and mitch mcconnell saying had gone too far, but overall upset over for good reason the fact our capitol was sieged by supporters that trump incited as he sat there. now nine months later you can't run for national office as republican without essentially taking position that what happened was either good for antifa false flag. josh was in ohio thinking we should have a 11/3 commission looking into imaginary fraud he's pretending he thinks happened because that's what the voters want of him.

unanimity now that wasn't there. you have a pro insurrection party, true down to local offices. steve is right. >> show you a piece of video, lindsey graham in south carolina this past weekend. >> bottom line, i took the vaccine, i've had it, it kicks your butt. if you haven't had the vaccine, you ought to think about getting it. if you're my age -- >> no! >> i didn't tell you to get it, just think about it. >> hardly c. everett coop there. could argue he knows his audience because his party has given rise to the antivax movement what do you make of the moment? >> just pure insanity. just crazy. the republican party is not only

irresponsible, i think it is clinically insane at this point. it is insane to boo the mere suggestion that you might take a shot that would -- will save your life, keep you from dying of a deadly infectious disease. that's all it will do. and fact that the republican party for some bizarre political reasons has become antivaccination is just -- it's just insane. brian. and you have to wonder how does this end. how does this party ever get back into the orbit of reality? as long as it is enthralled to donald trump and the trumpism. and i don't know the answer to that. but it deeply worries me.

because one of our political parties is just out of its freaking mind. >> i for one have enjoyed not getting measles, mumps, rubella, diptheria, polio, thanks to the vaccines mandatory when we were all kids. 60 seconds for this answer. here's the question -- i note that mike pence is deploying his platinum level serious face getting ready for run to the big house. is america ready? >> i don't think i need 60 seconds, brian. no, sir, it's not going to happen for mike pence. couldn't happen to a better guy. i don't think he has any real base within the party. trummers don't like him, the skeptical folks moved on to ron desantis.

it's time to move stage left or be in lonely pizza ranches next few years. >> pizza ranch for the win. eugene robinson and tim miller, greatly appreciate it. why waiting in line for a covid test could soon be a thing of the past, even for the anti-vaxers. nice but irritating ♪ ♪ their excitement can get grating ♪ ♪ they're dressed for pastry baking ♪ ♪ the progressive family ♪ ♪ they're helpful but annoying ♪ ♪ they always leave us snoring ♪ ♪ accidents are boring with the progressive family ♪ so, when do you all go home? never. we're here for you 24/7. morticia: how terrifying. protection so good, it's scary. "the addams family 2" now playing everywhere. i'm not getting through the pandemic just to end up with the flu. i asked for fluzone high-dose quadrivalent. it's the #1-used flu vaccine for people 65 and older.

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already happened. billion dollar push underscores the critical role that testing has in slowing down this pandemic. united states is way behind other civilized nation, notably in europe and asia. most americans lack access. dr. patel, policy aide in the obama administration and one of our public health experts and nonresident fellow at brookings. read you a quote. we wasted all of last year when rapid tests would have saved thousands of lives. enormously important. need to make cheap antigen tests widely available. today's decision helps a lot. if you live in the uk, twice a week, walk in, walk out, free

testing. how far behind are we on this? >> yeah, brian, good evening. we've been very far behind. uk for example, call a phone number, send a text, at your doorstep receive five free antigen tests. it's important to individuals and also to remember that testing can help us detect where we have outbreaks and can do contact tracing before we get some of these large spread events. honestly it could have helped us probably avoid some of the situations with delta, many of us felt caught by surprise by a variant so infectious. >> where do you put the fight right now? numbers fight each other to lay person. hospital admissions down, lot of icus still full. death rate seems to be fixated around 2,000 souls per day

level. how is the system holding? where do you put us in this fight? >> the system is holding, i would say -- system is still on life support, still experiencing in many hospitals even without country or state looking red because of high cases, still experiencing many of the aftershocks you would from people who didn't seek care. recall in florida, texas and others, had people waiting just to get er bed for days. this is a critical time still, shouldn't forget that alaska, idaho, missouri, oklahoma, and unfortunately parts of the northeast now are also experiencing uptick or not seeing declines. so we're still in the thick of this, most of the country. but as you point out, good news. first we'll see cases come down. which we're seeing,

hospitalizations, also seeing. deaths usually last indicator to follow but we're vaccinating close to 1 million people a day. that number will decline. >> talk about something really important to the wider world. i've traveled throughout africa, some of the trips with ngos, distributing malaria, antimosquito net to save lives, doing the same work carefully for years. now incredible game-changing news that w.h.o. has approved first ever malaria vaccination. i'm assuming you join the rest of the world in applauding this? >> yeah. brian, feels like we're in a renaissance era for vaccines in general. not only had incredible productivity through covid vaccines for different types of

technology, messenger rna and other types, but this malaria vaccine is i hope the first of many generations of malaria vaccines to give long-lasting immunity. this is incredible, life-saving, it has limits, lasts several years and would need to be repeated and can be hard in many countries. however it should be understood this is type of advances in science that can take us not just out of the pandemic we're experiencing now but pandemics and epidemics that much of the world has gotten used to, unfortunately. >> and not let the antivax fervor become unfortunate american export to rest of the world. let's hope people get this vaccination. thanks as always to dr. kavita patel for taking our questions. good to see you. coming up, two big efforts under way in california, first

cleaning up the black sheen and tar balls from an oil spill. second, finding out who if anyone is responsible, and when they learned about it. ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ tonight, i'll be eating a club sandwich with fries and a side of mayonnaise. (doorbell rings) wonderful. mayonnaise... on fries? a little judgy, don't you think? ♪ that's weird ♪ ♪ so weird ♪

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the depressing and disastrous oil spill off the california coast has now poured over 140,000 gallons of oil into the pacific. you can see it in the water, on the beaches, covering the fish and wildlife that have already died as a result. reports now suggest it could have been much smaller, more containable, had a pipeline company acted on it much sooner. miguel almaguer. >> reporter: tonight the massive spill and missteps as authorities pinpoint a cause for still unfolding disaster, we now have a clear time line of what

went wrong. according to federal documents obtained by nbc news, beta offshore received low pressure alarm 2:30 a.m. saturday but investigators say took more than two hours to shut the leak down. more than six hours after initial alarm they reported the incident to the national response center. federal officials were in the dark for hours as oil spewed from the pipeline five miles off the coast at 98 feet depth. first reports came in friday night, roughly 12 hours before the pipeline was shut down. >> we were not aware of any spill until 8:09 a.m. friday morning. i promise you, we would have stopped all operations. >> reporter: with the oil sheen

spotted by coast guard, quickly found oil slicked marine life and dead fish. separating in federal waters off the coast, the rig has oil pipeline that runs 15 miles back to shore. that pipeline and this rig are more than 40 years old. closing in on a cause for the rupture, federal officials are investigating if a cargo ship's massive anchor like this may have dragged and split the pipeline open. we do know damage to the environment and wildlife could be catastrophic, a disaster that could have and should have perhaps been stopped hours earlier. that investigation that take weeks, even months. >> thanks to miguel for that report from the california coastline. coming up for us, this week,

holocaust deniers spray painted anti-semitic graffiti on the walls of auschwitz. it's time republicans show proper respect as well. story when we come back. e come . ♪darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get enough of your love babe♪ ♪oh no, babe girl, if i could only make you see♪

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compared the treatment of the 1/6 insurrectionists who the nazis who carried out the holocaust, just as she previously compared mask wearing to it. apologized for initial remarks after invited to visit the museum in washington where they explained it to her. this morning back to go-to material. >> you're not a domestic terrorist if you went to the capitol supporting president trump and caring about election integrity and not wanting to see fraud in our systems. what happened on january 6 was a riot and needs to be treated as so. people been locked up, held in solitary confinement and fbi and department of justice is hunting americans all over the country. people are going to be fed up

with intimidation because we've seen it before in history books with the brown shirts and gestapo, in countries like russia. we see it now in china. >> then there's mike flynn. he loves talking about the holocaust as he did just this week. as you listen to this, remember please, this guy was the national security adviser in the white house right before he got in trouble for selling out his country. >> you're going to wake up one day and you're going to be in a metaphorical way be told to get on a train like we saw in the late '30s and '40s in nazi germany. and all the people that got on that train ended up going to their deaths. i ain't getting on that train. i'll take a bullet before i get on that train. >> that's mike flynn, just a

thought here, probably best if people stop comparing any slight or burden to the holocaust. especially the insurrection enthusiasts. it's a showcase for their ignorance and they mention it for sheer shock value, holocaust as its name implies was the darkest chapter of the modern era. 6 million jews were exterminated and last are leaving us at enormous rate. fathers and grandfathers went to war to restore the world from tyranny. we must never forget. doesn't mean constant mentions by freshman congresswoman or disgraced former general. phrase never forget doesn't apply to you if you have never taken the time to learn about the genocide you so freely

mention for effect. that is our broadcast for this wednesday night. our thanks for being with us. on behalf of all our colleagues at nbc news, good night. quick personal matter here. before we go on to the news. if you indulge me for just a second. a couple of months ago, susan and i went to a minor league baseball game. i sat on the aisle, she set to my left. our team won. it was a fantastic game. i bought all the swag, i ate all the hot dogs. it was a great time. minor league baseball i am convinced, is god's gift to americans spectator sports. and our local minor league baseball park, bucks seats, like the really good seats, are six bucks. the parking is free. the food is great. the players are