on a programming note on this discussion tonight, you can watch the peacock's reverse "civil war," you will want to watch it more than once, it's an important documentary. that's tonight's last word, "the 11th hour" with brian william starts right now. good evening, once again day 275, the biden administration, the fate of donald trump's key ally, steve bannon, house of representatives referred him to doj for possible criminal contempt charges, the one time head of trump's campaign, later chief strategist refused to cooperate with a republican from

the house committee. today house votes largely along party line, 229, 202 with only 9 republicans joining democrats voing yes. there is adam kinzinger of illinois and liz cheney and peter myers of michigan, and upstate new york republican who negotiated a bipartisan deal for the investigation that was rejected by gop leadership. today's yes votes included anthony gonzales of ohio and jamie herrera of washington state. those seven voted to impeach donald trump last year over the insurrection. the eighth and ninth gop vote, brian fitzpatrick. >> mr. bannon should come before

congress, there are other folks working with the committee to determine what information they are seeking out. i want to be consistent. when republicans are in a majority in a year and a half as i believe we'll be. i want to fight for the ability and opportunity for us to have subpoena power. much of this afternoon was taken up by a rather fierce debate on the house floor over the effort to investigate the attack on the very building they are in. #. >> mr. bannon's own public statements made clear he knew what was going to happen before it did. he may have been aware in the planning of everything that played out. so why is the select committee interested in steve bannon? it's simple. he's a democratic party boogie

man. >> not to turn evidence about what they have of this vicious assault of american democracy. in america when you are subpoenaed to testify in court or in congress, you show up. period. >> we are here going back and forth arguing if we should continue down a path of yet another partisan investigation of questionable motives and purposes. >> as we mention what happens next to steve bannon is up to the feds. january 6th committee member jamie rascon describes the next step. >> the u.s. attorney of the district of columbia, u.s. attorney must go before the grand jury to demand an indictment and but we think it's likely given that the gravity of this matter is so overwhelming and that the facts are so clear that he just blew us off that we

think the department of justice will move forward, we are not going to let anything drag on for eight months or nine months or nothing like that. >> now, the attorney general has given no indication as to whether he'll move ahead with these charges today during a house judiciary hearing, merrick garland -- >> the senate plays with respect to the executive branch, the department of justice will do what it always does with such circumstances will apply the facts and the laws and make a decision consistent with the principles of prosecution. >> there are new signs indicating how serious the feds will be of the sex trafficking involving trump ally and congressman matt gaetz. the justice department has add

it two top prosecutors to the team that's working on that very case. the prosecutors won a public corruption with an expertise and child exploitation crime. the other leader corruption unit had been working on the florida base investigation for three months. gaetz has not been charged for any crimes and denied all wrong doing. the president is signaling he's hoping to some sort of deals or reform to the filibuster. this issue was raised during a town hall on cnn. >> when it comes to voting rights, you would entertain the notion of do away with the filibuster on one issue? is that correct? >> and maybe more. >> the president also said he would lose at least three votes on his policy plan. biden thinks he'll get a deal.

senate democrats has hoped to have that deal by the end of this week. one of the hold-outs, senator manchin doubted that would be possible. manchin have more to say about the report in mother jones that surfaced yesterday which said he threatened to leave the democratic party if biden's social spending bill was not trimmed. today he denied that report but then he explained what he told the president and majority leader schumer. >> me being a moderate centrist causes a problem, i would switch, i would still be a democrat. >> one more item on this thursday night and it's big news of covid booster, the cdc approved booster shots for both moderna and johnson & johnson vaccines. one day after the fda authorized it has additional shots. the cdc also endorsed the use of

boosters that are different brands from what ever the vaccines dose you got originally. with that, let's bring in shall we, we are starting live on this thursday night, phillip ruckers, and carol leonig and robert costa and his book "peril" and barbara mcquade, works with the doj during the biden's transition, professor at the university of law school. she co-hosts the podcast "sisters in law." good evening and welcome to you all and counselors, indeed, you are the only lawyer we got here.

we begin with you. what did today in terms of a timeline you hear congressman raskin trying to settle the base, this talks about eight months or nine or ten months, don't believe it. this could be protracted and bannon knows that. >> i think so, brian. i suppose we could see charges if doj decides to file them within weeks or not months. if there is a trial or an appeal, that's likely to take months. that's why i think this vote to hold bannon in criminal con testimony is much more about punishment than it's about coursing him to comply. i think they are sending a message to be aware of other witnesses who may be incline to define subpoenas and protect their own institution powers and the power they have to issue subpoenas. >> robert if you would cast

coauthor modesty aside for a moment and tell the people who are watching who have not read your book, "peril" what it's about steve bannon that's at the heart of this case on january 6th. >> what did trump do and who did he talk to on the day of the insurrection but also in the days prior. what we revealed in our book, bob woodward and i reported that bannon spoke to trump on september 20th, 2020, have a reckoning and focus on the 6th bannon says to trump. this is the moment where trump began to pivot. on january 6th, bannon at the hotel with rudy giuliani and

jason miller talking to trump who was calling from the white house updating them on pence saying pence is very arrogant and he's not moving and they make a decision late at night to issue a statement saying pence is in total agreement with trump, moving the election to the white house even though pence is not. this is about trump and bannon and rudy giuliani coordinating an effort to overturn an election and prevent biden from taking office. >> phil rucker, i know you recall all too well the presidency of donald trump that you covered, let's say this white house and doj do not enjoy the same symbiotic relationship as if doj have moved into the west wing for a time there. how does the white house handle this going forward? >> well, byline, this is an administration, the biden administration that's trying to stick to the traditional norms, the traditional independence

that the justice department enjoys from the political maturation at the white house, they're trying to restore that pillar in our government that was so sully in the years o f the trump's presidency. this becomes a tricky political football for merrick garland to deal with. we are seeing from the biden's white house a desire to keep some distance that the justice department is going to have to make about bannon's fate. we heard some suggestions from president biden that he thinks subpoenas should be honored and enforced on capitol hill. you know we also heard from merrick garland to look at the law. he gave a vague statement, it was not a political leaning that we are used to seeing from the two attorney generals who were

much more willing to get out politically. not so right now so we can look for the justice department and next days and weeks to come to be taken a sober assessment that the facts o f the case that relates to bannon and whether his executive arguments holdup and considering he's a private citizen and had not been a citizen since 2017. >> let's go from unsavory topic to unsavory topic and talk about mr. gaetz. you don't want to be congressman gaetz right now as we said at the top of the broadcast. doj has taken two big hitters off the bench and put them into this florida investigation. i want to quote our mutual friend, joyce vance, she said this. "it's not unusual for doj's public integrity section to work

with a u.s. attorney's office on a case involving a politician but it suggests that,". >> the public integrity section is not large. they have to be selective of the cases they are going to join and devote those resources to. they get a lot of requests and referrals all over the country. they have the specialists who have the expertise to come in and assist the prosecutors. prosecutors in florida know near courts and judges and the process and their community but having those specialists from washington who have focused on these kinds of cases in the past can be very helpful but i agree with joyce in that because of the scarcity of those lawyers, they're only going to go where they are needed when there appears to be something that's about to happen. they're looking seriously about

filing charges in this case and staying in for the long hall. >> how long is bannon's allegiance to trump and vice versa? >> bannon is doing what trump wants. he's back in the trump's circle. it's clear he was talking to president trump during the final days of the administration. brian, it's not just about the phone call between bannon and trump. think of the proximity where this war room was on the night of january 5th. we tried to answer as many questions as we could in our book "peril,". did people at the willard communicated or have any exchanges in any way with the gathering crowd of proud boys and oath keepers who were

outside the same hotel that same night. that was the mob, that was gathering and hollering and clashing with police on the night before and they were in the same exact block as bannon and rudy giuliani and jason miller and others. for the fbi and doj and congress, the real question is where did lines intertwined if they ever did? >> phil rucker, let's move forward to tonight's event in baltimore, the cnn town hall with the president who made news. a bunch of reporters on twitter saying all their reporting went down the drain when biden superceded everything they have been told. he opened the door philly around with the filibuster. the question comes down to what

do you do with manchin and sinema who remained amazingly democrats? >> it's a real problem for the biden presidency and has been for months now, the fact that divides them in multiple issues among democrats. there is no room for division when you look at a 50 plus 1 senate majority they currently have. biden has resisted coming out for the filibuster for months despite pressure from the democratic party who have felt that on a number of issues, this voting rights bill come out and get rid of the filibuster is essential for passing that legislation which they see as core and not omnivore to the democratic parties sort of values and agenda but core to the party's very survival. when you look a the tougher voting laws that have gone in and so many states in the country and run up to the 2022

election. biden is willing to consider getting rid of the filibuster in order to pass the voting rights legislation is as significant moment for this presidency. it shows that his hope for bipartisanship may be waning especially on that issue and he's willing to do what some could call the nuclear option in order to get that piece of legislation through after many months now without much progress on capitol hill. >> we have covered a lot of ground with these three friends tonight. greatly appreciate our thursday night. robert costa and barbara mcquaid. 288 days after hiding from rioters. we are left with the question, that would be why most republicans apparently don't want to know what steve bannon

knows. later he was busy writing books until he saw what was happening to our country, he decided to fight the good fight on social media and video tape and you have probably seen his work on this broadcast and others. all of it as "the 11th hour" gets underway, marking the 10th anniversary of dr. martin luther king jr. y of dr. martin luther king jr. you've never seen anything quite like it. we've never created anything quite like it. the all-electric, all-mercedes eqs. get ready. it's time for the savings event of the year. the homeandautobundle xtravafestasaveathon! at this homeandautobundle xtravafestasaveathon,

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it. >> just to repeat that woman ace member of congress. mtg decided to sit down and share a bit of her wisdom with the only podcast host under active subpoena from congress. to that end, here is how republicans on the house floor shows to characterize the bipartisan investigation into the attack on the capitol. >> why are we here on the floor of house of representatives listening to the democrats and socialists and their republican puppets reviewing steve bannon's podcast? the select committee despises steve bannon's politics so they abused their power to put him in jail >> this is about getting president trump. when president trump was president, americans got their christmas presents on time but they're coing after him. >> because they can't build back better, they decided to build

back meaner. >> back with us, don calloway and mark mckinnon and along the co-host of "the circus" on show time. don, i would like to begin with you and listen to something adam schiff says earlier on this network. >> i was surprised telling about this era when you are surprised and delighted to get as many asinine republicans to uphold our system of checks and balances and hold people to account of subpoenas. >> were you surprise of the ability of a mccarthy to in effect to say we need you on this one and we need you to get behind this white supremacist? >> you know i have some time ago

stopped being surprise of a duplexity of mccarthy. no, i am not surprised that kevin mccarthy's spinelessness. overall if i think about it, i am a lot more surprised than democrats overall have moved to hold steve bannon contempt. as you recall we got spicy between myself and the general from maryland, there steel steel -- mr. steel because i didn't think democrats will hold bannon accountable. i am just really shocked and encouraged at this overall turn of strength and turn of so what

intestinal fortitude by the democratic party. >> you and i are old enough to remember my father called the republican party as the law and order party. remember that? >> i do. was not that long ago, brian. >> that's a great point. it testifies to where we are. there were nine republicans, that's a lot but it was more than just those who voted for trump's impeachment. there were a couple others. i noted that one of the congresswoman, who you had a clip earlier mentioned that she was voting for president -- we think we are going to be in power after next november. we want to enforce subpoenas. i think she recognized the

obvious which is congress should have the power to subpoena on either side. they should be enforceable and should have teeth. one thing we discover is that i know steve bannon is delighted and will promote exactly as what you described. trump is going to think it's fantastic. the law does not have that much teeth. the penalty is a year at most. so i hope, one of the things that come out on the backside is that the power of subpoenas get strengthened by a future congress. >> don, what is your level of confidence in merrick garland? >> pretty high confidence in merrick garland. this is his first opportunity and perhaps his legal career in the last 25 years to act in a way that's non-judicial. he can take a side and go hard

at it. well, that lens have shifted, he's in a fashion where he can take a clear position here, there is a clear position on all things related to january 6th, via congressional subpoenas which we are dealing with the instant case or the overall much larger umbrella attempt towards democracy in the interests of one donald j. trump. his personal feelings of not being on the supreme court aside here, he's not doing the right thing. i think that it's fairly non controversial to be passionate and pursue justice in light of what happened. i expect a lot out of merrick

garland. >> the governor of texas continues his push to prove he loves trump the most. s push to e loves trump the most (man 1) oh, this looks like we're in a screen saver. (man 2) yeah, but we need to go higher. (man 1) higher. (man 2) definitely higher. (man 1) we're like yodeling high. [yodeling] yo-de-le-he... (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm. (vo) adventure has a new look. (man 1) let's go lower. (man 2) lower, that sounds good.

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what should we know and what should we think about this gu guide put up as secretary of state and if we were not impolite conversation, we would ask is he a stooge with one phone call from abbott's boss. >> he's bought things for donald trump already. this is fascinating to watch desantis and abbott to see who can kiss the boot faster and shine them better.

this is interesting on the election front. abbott is responding to trump's pressure to audit the state of texas which donald trump won by a lot which is ridiculous. and abbott offered to audit the four largest, of course, four democratic counties. that was not enough for donald trump. let me note the lieutenant governor dan patrick offered a million dollars award for any example, anybody could find a voter fraud. today it was reported or yesterday that he paid $25,000 for somebody from pennsylvania who found one example of voter fraud and it was someone voted fraudulently twice for donald trump. >> amazing. don, here we are in 2021, did you ever think you would see this race to be all things trump, two grown man who are willing to do just about

anything to get the love of the crowd that loves him? >> no, we started along this path perhaps in 2015 when donald trump descended from the escalator talking about mexicans sending their worst people. i think it was long before that. i remember being shortly out of college, reading books such as "the end of reason" by al gore. i gave a lecture at north carolina to environmental justice students and none of them almost knew who al gore was. congratulations, gentlemen, we are all old. we have long distilled our politics into a cult of celebrity and sound byte and farless of each passing days. i warned democrats and my good friends not to elect matthew mcconaughhey or across the

country not to elect the sexy candidate at the moment. part of good governance which democrats always pursued is electing professionals who understand how government is supposed to be run as a vehicle to make social changes as well as promote the public good. that stuff matters. i would look to elect professionals and capable humans and let that be the over arching lesson. >> i don't know if you are calling for only confident people in politics. that's going to take a nationwide. we'll see what we can do. >> i know you guys are talking about the gubernatorial race this sunday on the circus, what are you hearing from people, actual living and breathing people who intend to vote in the commonwealth of virginia? >> brian, you know there is a

lot of data out there that's showing the race kind of moving. mcauliffe was up nine. my experience is antidotal. at times during campaigns, i would be on the ground two weeks out, throw away all the data. i look at the momentum and i got to tell you, it feels like a momentum for youngkin. he's running a local race while mcauliffe is trying to hang trump around his neck. i got to say the rally i was at was really organic. people were on fire and it just feels like youngkin. it's a state that biden won by

10 points and mcauliffe brings in all the big guns and biden and harris was there today. we had that on our camera today for the 100th episode. i think youngkin is gaining some grounds right now. unifying not defying like trump. he's making a very un-trump like campaign. >> you are the third person to go on our podcast and say something similar. >> i respect your expertise. don calloway and mark mckinnon. thank you both for coming on. author don winslow is here to talk about whatever happened to consequences? k about whateve to consequences? pnc bank believes that if a pair of goggles

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a great corruption in the sense of intellectual corruption. >> former gop strategist steve schmidt will be our guest tomorrow night. and our next guest recently posted as was roundly quoted on this broadcast, can we bring back consequences? i miss consequences, well, a bun f of us do as well. we welcome to the broadcast, don winslow known for his viral political videos with over 200 million views. he's the best selling author

over two dozen crimes of mystery novels including his newest "city on fire." there is a guy who writes books famously called don winslow. that guy's name is steven king. thank you very much for coming on. we are looking forward to it. i want to hear what did it. what the tipping point was, you are a guy living your life and writing books and minding your own business, what was it? all the things we witnessed happening in our country that made you a maker of our videos, how did you start the first one and who's paying for this operation, they're not the lengths of the irishmen but these are hefty and these are indeed sharing. >> sure. we come to a point in our country, i am concerned of our country and i am worried that words lost meanings, facts and

facts had no meanings. actions had no meaning. this started early in the last administration when we heard about alternative facts, what's an alternative facts? so my partner, my friend and my buddy and i, i am not a big name, i am not steven king i have something of an audience. we have something of a platform. we decided to do our best to tell americans it's simple plain language what was going on. that's what we have done. >> don, i want to play word association on one question, i will say two words and you can go off. joe manchin. >> well, listen, joe manchin is for selfish purposes blocking very important critical legislation, in terms of voting rights, voting rights is the

whole story right now. he's been blocking that, playing games on that and focusing on selfish and private political purposes. >> let me ask you potentially painful question i asked james carvel on the show this week and i intend to ask more of our guests who join us from the left side of the isle and the ledger, that's in your heart, do you think that democrats are up to this? >> yes, but they have to fight. we have to get aggressive, we have to start fighting. we have to bring the case to the american people. look, it took nine months to get this commission from the time of the events of january 6th, some of the most shameful events in american history, a sitting president tried to overthrow the government of the united states, first through a coup and through a violent insurrection and republicans tried to tell us it

did not happen that what we see did not happen. and so, these events nine months passed that before we get this commission going. that's vital because republicans are playing their usual trumpian's stalled tactic. they want to run this thing out until the midterms. we need to get the american people to see what really happens before the midterms. >> it's all what i call part of the frog boiling experiment you mentioned trying to get us to not believe what we saw on live television, the video we play here every night and i know in your buy owe, we spent a brief time of your life as an investigator and i imagine the cases you investigate did not have hours and hundreds of angles of crimes being committed

on videos and some of it airing live on social media platforms in realtime for all the world toll see, that's what we are being asked not to see now. >> that's exactly right. i was an investigators for 50 years. i never had evidence. steve bannon the director of chaos or the trump's syndicate, the day before the insurrection told us all hell is going to break. it's so critical. that's what made watergate watergate, you didn't see john dean testified behind closed door. it was on television for the american public to see. that's what we need to do now. >> if i gave you the following, if you can picture a face of a clock and if midnight is the end

of our democracy, kind of like the dead clocks you see in a couple of american cities, what time is it right now? >> 11:00. >> we are in a crisis. we are absolutely in a crisis. and listen, if the republicans win the midterms and history says that's likely which is why we have to fight so hard to make sure that this does not happen. look at what they're going to do. the first thing they'll do is vote to impeach president biden because they are cowards. the second thing they'll do is shutdown any investigations of the january 6th events and the events that proceeded it. the third thing they'll do is set donald trump up to run again and win. >> don winslow has been our guest tonight. he's just as active and just as out spoken on social media where

you can follow him on twitter and see the videos he produced and put out on his own with his partner. don, thank you very much for joining us and thank you, i know you are a loyal viewer, we appreciate that. great fun having you. >> thank you and thank you for having me, brian. >> coming up for us after this next break. we have reports on this new delta plus variant in the u.k., and the question whether or not it poses a threat to us here. r it poses a threat to us here you get more with aarp medicare advantage plans from unitedhealthcare. like $0 copays on tier 1 and tier 2 prescription drugs. ♪ wow! ♪ ♪ uh-huh. ♪ $0 copays on primary care visits. ♪ wow! ♪ ♪ uh-huh. ♪ and with unitedhealthcare, you get access to medicare advantage's largest provider network. ♪ wow! ♪ ♪ uh-huh. ♪ most plans even have a $0 premium.

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cases in our country are still trending downward, we are on the verge of winter and people feeling cautiously optimistic as the holidays approach. in the u.k., however, cases are surging again. and there is concerns that another new variant this delta plus may be to blame, nbc's correspondent matt bradley has our report from london. >> reporter: the u.k. reported more than 50,000 new cases as officials are investigating a new mutation of the virus being referred to delta plus. cases are up 18% in the past week, deaths risen 11% and

despite's britain's fast and thorough vaccination program. >> british doctors are demanding answers. >> if we don't learn them, people lives will lost daily as a result of this. >> reporter: including requiring masks indoors and vaccine passports. they are urging people to get booster shots and covid pressure and britain's system is still bearable. we are looking at the data and we won't be implementing our plan b. of contingency at this point. delta plus does have mutation but it does not cause for alarm in the u.s. >> we are keeping an eye for it but there is no reason at this point to be overly concerned about it. >> here in the u.k. that delta

mutation was formally called ay. >> matt bradley with that report from london tonight with our thanks of course. coming up the democrats who are not watching what's being said about them on the other side are ignoring it at their peril as we'll show you. it at their per we'll show you ♪ 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'♪

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we keep up with the crazies so you don't have to specifically these two clips identified eye the folks of right-wing watch. the first one is a conspiracy quack named rick wile. he seems to figure out the motive behind the vaccine. >> this is a global, the most evil of the people on the planet in the history of mankind. if it's not stopped in the very near future, they'll win, that's what is at stakes. control of the world. >> they're planting and putting eggs into people's bodies. if you didn't see yesterday's news, you need to watch it. >> it's an egg that hatches into a synthetic parasite and grows inside your body.

this is like a sci-fi nightmare and it's happening in front of us. >> josh bernstein who seems nice, he has his own live stream and hates democrats. >> the democrats are a terrorist organization, they are no different than isis or al-qaida. they are no different than boko haram. they are no different than north korea and the old nazi and the communists because that's what they are. they are no different than the ccp. these people are pure-bred evil communists, they want to rule over us. it's never going to happen. >> any national democrats who attempted to dismiss any of it

will be well-counciled to look back. and for those of you playing our home game, you can google the famous frog boiling experiment. that's our broadcast for this thursday night with our thanks for being here with us, on >> very rarely does a politician have to put his or her money where his or her mouth is i can't remember the last time we covered a story where a politician basically made a public bet and they actually had to pay off when they lost the bed. that has finally happened. and look! we have the check! we have the actual check that shows the guy having to pay up the far-right former right wing radio host who's now the republican lieutenant governor of texas, his name is dan