ready, amy? >> always ready, always ready. >> remember, you can start voting in many states. get out there and vote. we're expecting over 110 million if not more. that's all we have today, we'll be back next week, because, if it's sunday, it's "meet the press." week, because, if it's sunday, it's "meet the press. because, if it's sunday, it's "meet the press." the former girlfriend made public accusations saying, you paid for an abortion and that you encouraged her to have another. in an abc news interview this week, you said that the accusations are, quote, all lies. for the voters watching tonight can you explain the

circumstances surrounding these claims? you have 60 seconds. >> as i said that's a lie and, you know, i put it in a book, one thing about my life i've been very transparent. >> georgia, senate nominee herschel walker questioned about allegations that he once paid for a former girlfriend's abortion. we're breaking down the key takeaways from that closely watched debate. plus, the republican candidate for governor of arizona, kari lake refuses to say whether she would accept an election loss this november. and russia launches a new round of missile strikes on kyiv. we'll get a live report coming up in just a few moments. ♪♪ good morning. and welcome to "way too early" on this monday, october 17th. i'm jonathan lemire, thanks for

starting your day and week with us. we'll begin with the war in ukraine. air raid signs are again ringing out in kyiv after another round of russian attacks against the ukrainian capital. for the second straight week, emergency crews are on the ground there responding to the damage reportedly caused by kamikaze drones. u.s. officials say russia's depleted military stockpile is being replenished by iran which is preparing to send even more weapons to vladimir putin's army in the coming days. there's no word yet on any casualties caused by the most recent attacks and joining us now live by phone from kyiv is ukraine bureau chief for "the washington post" isabel kershudian. are you safe and what is the sense of these latest round of attacks? >> reporter: yeah, thanks for having me. i am safe. you know, i woke up this morning

at around 6:40 a.m. from the sound of explosions. and, you know, i think there were two blasts at first then about 90 minutes later you heard, you know, two more big ones. they seem to be targeting a power station in downtown that provides heating to thousands of people in the capital. so this is kind of a more continued attack on critical infrastructure in ukraine. >> this seems to be part of the new pattern from moscow. where this they're trying to hit civilian infrastructure. they had months of relative calm in the war, now yet over the last ten days or so the war returned to their doorstep. >> yeah, i think people are obviously, you know, pretty shaken by this but at the same time, you know, after this morning's attack, i saw a coffee stand that was still working,

you know, people going to work. it seems like, you know, after kind of the first, i guess, wave of explosions, you know people surfaced once the air raid was over and, you know, tried to kind of carry on with their lives. i do think there is growing concern, though, about what this winter is going to look like here, you know, are people going to have heat if this kind of pattern of attacks continues. you know, will people have power even? i think there's a lot more kind of anxiety about that at this point. >> yeah, winter certainly looms large here in this conflict. as you say, putin trying to terrorize civilians, perhaps thinking they won't have power, heat as the colder months approach but also, isabell legitimate, tell us about the status of their counteroffensive and trying to make as much ground as possible before winter sets in. >> yeah, you know, it's slowed down in the last week or so.

which is to be expected but my understanding is ukraine still making, you know, gains and advances in southern ukraine in the kherson region. but, you know, certainly the plan seems to be let's take back as much land as we can before the lines do freeze up in the winter before these reinforcements from putin, you know, mobilization come in that seems to kind of be the approach to just make an all-out push now before it gets more difficult to move because, you know, especially in the south, snow is not going to stick there. you're just going to get a lot of mushy ground that will be hard to move through. >> all right. well, "the washington post" ukraine bureau chief isabelle khurshudyan, thank you. early voting begins today in georgia and we are watching a tight race that could determine the balance of power in

washington. polls have consistently shown democratic senator raphael warnock with a slight lead over his republican challenger, former football star herschel walker. the latest survey has the incumbent, warnock, with a three-point lead which is just within the margin of error. the nominees went head-to-head and walker's strategy was clear, to try to try the democrat to joe biden. >> this race ain't about me. it's about raphael warnock and what joe biden has done to you and your family. we have to protect this country. can you tell me why he voted with joe biden 96% of the time if he was standing for georgia? that tells you that he's for joe biden, i'm for georgia. >> it is very clear that my opponent would rather be running against anybody except me. there are only two people that will sit in this seat, either me or my opponent and i think this race is about who's ready to

represent the people of georgia. >> the candidates also clashed over the issue of abortion as walker who deems himself anti-abortion again denied allegations that he paid for the procedure for an ex-girlfriend and urged her to get a second. >> it's a lie and on abortion, you know, i'm a christian. i believe in life. and i tell people this, georgia is a state that respects life and i'll be a senator that protects life and i say that was a lie and i'm not backing down. >> i think that the women of this country and the women of this state woke up one summer morning and a core protection they've known for 50 years was taken from them by an extremist supreme court, and i stand where i've said a stand in the past, that a patient's room is too narrow and small and cramped a space for a woman, her doctor, and the united states government. we are witnessing right now what

happens when politicians most of them men pile into patients' rooms. you get what you're seeing right now. [ applause ] and the women of georgia, the women of georgia deserves a senator who will stand with them. i trust women more than i trust politicians. >> there is also a downright awkward moment when walker tried to defend himself after being accused of misrepresenting himself as a member of law enforcement. take a look. >> one thing i have not done, i've never pretended to be a police officer. [ cheers ] and i've never, i've never threatened a shootout with the police. >> now i have to respond to that. >> we are moving on, gentlemen. >> i have to respond to that and you know what is so funny, i am what many police officers and at the same time -- >> mr. walker, mr. walker. >> no, no.

>> excuse me, mr. walker. please, out of respect, i need to let -- you know, mr. walker, you are very well aware of the rules. you have a prop. i ask you to put it away. >> this is not a prop and it is real. >> it is considered a prop, mr. walker. excuse me, sir, you are very well aware of the rules, aren't you? >> well -- >> aren't you aware of the rules? >> he talked about the truth. >> thank you for putting that prop away. >> this is from my hometown. this is from johnson county from the sheriff of johnson county which is a legit badge. everyone can make fun. give me the right -- let me finish in anything happen in this town and i have the right to work with the police in getting things done. >> does that have arresting authority or an honorary badge. >> they can call me whenever they want me and i have the authority to work with them on things. >> no props, herschel.

nbc news confirmed his account with the johnson county sheriff who said it lets him help in a crisis. the badge, though, is meant for more a trophy case and not to flash in public. meanwhile, there was another georgia senate debate last night but herschel walker did not attend calling it, a quote, one-sided sham hosted by warnock's liberal friends. you can see there on the far right of the screen walker was represented by an empty podium. republican governor of georgia, brian kemp and democratic challenger stacey abrams, they'll face off on their own debate tonight. it marks the first debate of their current rematch in this year's midterms. according to the latest polls, kemp maintains a fairly significant lead over abrams. he previously defeated abrams for governor in 2018 with a margin of just over 1%. in arizona the republican candidate for governor is refusing to say whether she'll accept the results of the upcoming election if she loses.

kari lake made those comments over the weekend. >> will you accept the results of your election in november? >> i'm going to win the election and i will accept that result. >> if you lose will you accept that? >> i'm going to win the election and i will accept that result. >> lake also doubled down on her denial that president joe biden won the 2020 election and continued to push former president trump's voter fraud claim. john fetterman was just endorsed by pennsylvania's largest newspaper which dismissed concerns over his recent stroke. the editorial board at the philadelphia inquirer" rights fetterman does often take a few seconds to ensure that he has understood a question correctly and he may take a couple of moments more to collect his thoughts and find his right words but that should not impair him from performing in his role as a senator. fetterman knows what his values are, and is capable of

communicating them. the same cannot be said for his opponent, mehmet oz, a man wholly unprepared to be pennsylvania's u.s. senator. if there are any values that oz holes dear, it's difficult to ascertain what they are. on social media fetterman continues to speak about his condition and troll his opponent at the same time. >> so dr. oz likes to make fun of me missing a word or mushing two words together. let me give you an exam of what it's like to have. sometimes, for example, imagine you are going to be thinking you were shopping at wegmans but you are in a rednear's but you told everybody you're in wegnar's, that's what it's like. >> they will meet on stage for their one own only debate one week from tomorrow. still ahead an "way too early," a massive fire at a prison in iran amid ongoing protests there.

and in the united kingdom british prime minister liz traus is fighting to keep her job. those stories and a check of the weather when we come right back. . (dog barking) we love our pets. but we don't always love their hair. which is why we made bounce pet hair and lint guard with three times the pet hair fighting ingredients. just one sheet helps remove pet hair from your clothes! looking good starts in the dryer with bounce pet. (vo) get the new iphone 14 pro on us.

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former president donald trump is facing backlash after attacking people of the jewish faith who live in the united states. he did so on his fledgling social media platform yesterday and wrote in part this, no president has done more for israel than i have, somewhat surprisingly our wonderful evangelicals are far more appreciative than the people of the jewish faith especially those living in the u.s. u.s. jews have to get their act together and appreciate what they have in israel before it is too late. unclear what prompted him to make those remarks especially at a time when anti-semitic

incidents are on the rise in the country. he was widely condemned by democrats and the american defamation league and republicans held their tongue. mean miele back overseas a massive fire broke out in iran this weekend. at the country's notorious evin prison, a building that holes hundreds of dissidents including some arrested during recent protests in the past month around the country. an iranian state news agency reports at least eight prisoners died in the fire while another 60 were injured. you could see here video captures the moments that large plumes of smoke rise from the facility, which is in the tap cal city of tehran. they reported that prisoners initially set fire to a workshop and warehouse full of clothes in a bid to escape with some even trying to exit by way of a minefield north of the prison leading to additional explosions. this all follows widespread protests within the country following the death one month ago of mahsa amini, a

22-year-old woman who was in the hospital three days after being arrested by the morality police. meanwhile, it's also a critical week in britain for prime minister list truss facing another round of questions amid the financial crisis triggered about i her conservative party. becoming the prime minister early last month truss's first days were overshadowed by a period of national mourning. when it ended the then treasury chief announced the economic plan entrusted to truss. it involves tax cuts particularly for britain's highest earners. the pound then plunged to a record low against the u.s. dollar. and the cost of government borrowing soared. the bank of edge gland was forced to step in to buy government bonds and prevent the financial crisis from spreading to the wider economy. on friday, truss fired her original treasury secretary and replaced him with jeremy hunt who you see on the right, the

former health secretary and foreign secretary under david cameron and theresa may. under party rules truss is safe for a year but some believe she could be forced to resign if they can agree on a successor. still ahead we have highlights from across the nfl on the sixth sunday of the nfl's regular season, plus a look at the mlb playoff picture now with one final division series match-up remain. we have a do or die game tonight, folks. "way too early" will be right back. siness essentials so you can easily manage your team's devices. on the network with more 5g coverage. only from t-mobile for business. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp.

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the field, ja'marr chase with the catch and up the sideline. ja'marr chase to the end zone for the touchdown. >> ryan is going to throw it. taking a deep shot to pierce down the field. he's got it. touchdown. >> the trap play inside and a beauty, oh, running free, inside the 10. he's going to score. >> on the other side. >> they're down, 10, stevenson looking for a block and there he goes, kiss him good-bye. >> here comes allen, looking long and throws to the end zone and the ball is caught. >> stafford, robinson jump ball, touchdown. >> kenneth walker, walker with a move through the goal line. kenneth walker and that's a seahawks touchdown. >> a montage of some of the most

important winning teams. are the giants good? are the jets good? we know the bills are good. we also know the eagles are good. now to philadelphia where the hometown team hosted the dallas cowboys and jalen hurts only threw for 155 yards but included a pair of touchdowns. cooper rush was likely his final start was intercepted three times in that game. cowboys think dak prescott will be back next to week. eagles, 6-0 with that victory last night on nbc. it certainly is a good time to be a philadelphia sports fan. good thing they're known for hamming it so calmly. the city is gearing found or i potential to the mlb world series as they head to san diego for game one against the padres tomorrow night. philly's vanquished the braves and padres upset the dodgers. american league the yankees and

guardians meet to determine who face the astros. astros finished off the mariners in a classic game over the weekend. last night in cleveland, the yankees ace helped them. harrison bader, homered for the third time in the series, yanks win, 4-2. do or die game in the bronx. i wonder if they'll boo aaron judge again. time for the weather and to michelle grossman. she's a happy philadelphia sports fan. how is it looking? >> jonathan it's called philly passion. we had such a good weekend, eagle, phillies and premier league live mornings and my husband was there as well. exciting in philadelphia. it is looking cold in many spots, 66 million americans under some sort of freeze alert whether it's a freeze warning in the pink. freeze watches in the purple stretching from portions of the

rockies into the central and southern plains, portions of the southeast and ohio valley. many under some sort of cold snap coming from canada so 31 degrees, minneapolis, it's 40 in chicago. 56 degrees in memphis. we're not going to go very far. minneapolis just 36 degrees. chicago in the low 40s, 48 degrees in st. louis and finally feeling like fall in portions of texas, dallas today, 69 degrees. look at tomorrow morning, though, you need to bundle up in many spot, teens in some spots, record low temperatures, averaging tomorrow 10 degrees as the low rochester, 20 and those freezing temperatures extend all the way to portions of the tennessee valley. another cool day tuesday, jonathan, new york city, just 57 degrees. >> all right, michelle grossman, thanks. we'll look at president biden's campaign stops along the west coast. ahead of the rapidly approaching midterms joined by a reporter traveling with the president.

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♪ ♪ >> announcer: you're watching msnbc. g ] we finish this tonight. ♪♪ welcome back to "way too early." it's 5:30 a.m. on the east coast. 2:30 out west. i'm jonathan lemire, thanks for joining us. president biden spent part of the weekend in portland where he attended a volunteer event for oregon democrats. biden pushed the importance of midterm elections to thousands of phone banks calling this the most important off-year election

since roosevelt and touted his plan for lowering prescription drugs and medicare for senior citizens. >> the big pharma try to raise drugs they'll have to write a check to medicare to cover the difference. they won't be able to do it. they'll cover the difference and, look, instead of that money going into the pockets of drug companies it will go into your pockets. when this kicks in no senior will have to pay more than $2,000 a year for all of their drugs, no matter what. all of them. starting this week we're making this a big deal. we're making hearing aids more affordable and also making them available over the counter so people don't have to pay the expensive visits to a specialist. >> the president hasn't had a lot to say about the january 6th hearings as they've been happening this year but did weigh in on testimony presented in the final hearing last week. take a look. >> testimony and the video are

actually devastating and i've been going out of my way not to comment. let's see what happens. i think it's been devastating. i mean the case has been made, it seems to me, seems fairly overwhelming. >> his trip took him to colorado, california, oregon and now wilmington, delaware where tyler is. thanks for being with us. you have been on the road with the president as you made a fairy rare west coast swing. what are your key takeaways? >> yeah, it's great to be with you. you're right. it was a hectic weekend for the president, traveling around the west coast and i think this is, you know, one of the big takeaway, this is sort of how we see the president engaging in the midterm elections. obviously most presidents in the off-year elections face challenges in getting out on the

campaign trail, given unpopularity, we've seen that, you know, across parties across the years and president biden is on not immune to those challenges, so the white house is really picking their spots in where the president is going and how he is campaigning. what we saw in colorado, california, oregon is this pattern of doing official white house events so whether that's in colorado designating a national monument or the video you showed of the president in oregon talking about his efforts to lower drug prices, he's going to places where there are vulnerable democrats running for election and hoping that his policy can help bolster them. at the same time he's doing fund-raisers so not seeing him at least yet doing those sort of big campaign rallies. it's more targeted, more specific, more official white house events. as we get closer we might see more of that but really the focus has not been on getting him out on the campaign trail in a more typical way.

they have to pick their spots. given most americans, broadly don't approve of the job he's doing. that's typical in off-year elections but it's a challenge for this president and the white house. >> yeah, biden certainly been successful raising money for democrats and you're right, tyler, we've had this conversation a few times about the white house strategy about how they have avoided for the most part having him go out with individual candidates in the competitive districts but might be changing and have announced a couple of events coming up with charlie crist in florida near the end of the month and later this week, i believe, he is going to go back to pennsylvania and appear with john fetterman which, of course, is perhaps the most important senate race on the map. explain to us sort of the shift in strategy and how is the white house choosing where biden goes. >> so they're being intentional about that and not going to send him to any state where the candidate has determined they do not think it would be helpful to have him there. the fetterman race is interesting, it is arguably the

most important senate race for democrats. they see it as their best pickup opportunity. but there i think really the emphasis is on fund raising. biden is still a draw for democratic fund-raisers, someone that can help the party raise money, candidates raise money so i think that is the focus there. florida is a race that is interesting. it's not one that democrats feel super confident in their ability to dethrone ron desantis in his re-election effort. so it'll be interesting to see what message president biden brings there in florida. but this is obviously, of course, in big contrast to former president barack obama who announced last week what his midterm schedule is going to look like. he's already going to wisconsin, michigan and georgia, so quite the contrast there between what obama and biden will be doing. >> yes. pennsylvania does make some sense for biden, of course, not only did he win that state in 2020, but being in delaware for a time he was also known as pennsylvania's third senator because he spent so much time in the philadelphia media market.

"the washington post" tyler pager, travel safely. here's a look at stock futures after last week's wild swings on wall street. we'll have a look at the stories driving your business day and what happens if donald trump refuses to comply with the subpoena from the january 6th committee. we'll hear from two of the lawmakers on the panel ahead on "morning joe." i'm on a mission to talk to people about getting screened for colon cancer, and hear their reasons why.

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no, he's seizing the moment with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. ♪ ♪ ♪♪ voltaren. the joy of movement. ♪♪ time now for business. for that let's bring in cnbc's joanna who joins us live from london. after a roller coaster week stock futures appear to be on the rise as investors wait for earnings report. what's the early sense of the day? >> so, you're right, last week was a roller coaster. investors are turning their attention to earnings.

we have a number of big names reporting this week. i will run you through the highlights. worth taking stock the dow jones fell 1. %, the s&p 500 sold off a heavy 3.2% and nasdaq dropped 3% so we're heading into this week on the back foot but as you said futures indicate we are in for a positive start. the names to watch, bank of america, goldman sachs, netflix, tesla, procter & gamble just to name a few and investors will be looking not only to get a sense of how business has fared over the last three months but crucially how these businesses are shaping up as we head into the coming quarter, what the ceos and cfos have to say about the outlook from here. >> a lot of attention on beijing in recent days where press xi jinping is trying to extend his hold on power but while doing so he signaled no change in direction to two main risk factors dragging down china's economy, strict covid-19 rules and housing market policies.

what's the sense as to what this could mean for china's economic outlook? >> well, this is a huge event, the biggest political event on the entire chinese agenda. it is held every five years and this year we have president xi jinping looking to enter his third term. covid absolutely was a key focal point as we headed into this event and there's been a lot of speculation around whether or not we would see a relaxation of covid -- of china's strict zero covid policy on the back of this congress and essentially xi briefly mentioned how their policy achieved positive results but he did not go so far as to say whether lornts the policy will continue. so still a big question mark there and then finally, in terms of the comments around housing market policies as a general comment xi continued to talk

about china's economic growth but there was even greater emphasis on their national rejuvenation and a huge emphasis on securities so give yous a glim into what we may expect from him during his third term. >> we mentioned earlier in the show liz truss can officially put embattled in front of her name where the british tabloids with a live stream. who would last longer, truss or lettuce. president biden usually avoids talking about domestic policies but criticized the tax plan truss put in place and now abandoned which many think is what sunk the british economy. what's the latest there? >> well, let me just tell you anecdotally lettuce clip you talked about, the livestream was the talk of the town over the weekend. it seemed to be anything could talk about. as for president biden, as you

say this intervention very rare for him but he's not alone. we have heard critique from leaders across the world and economic organization heads around the uk's mini budget which has now been reversed in part. biden said i wasn't the only one that thought it was a mistake. agree with the policy but i disagree with the policy but that's up to great britain. and, john, we are closely watching the new uk chancellor today. he is due to address the nation shortly and we are expecting that he rose back even more elements of that mini budget and now i think the conversation, jon, is going toward liz truss and mounting pressure within the tory party to see her removal as well, not going away, sterling is trading higher this morning. >> for now truss and the lettuce both still there.

julianna tatelbaum, thank you. much more from georgia where early voting gets under way. the latest. the closely watched governor's race ahead of tonight's debate between brian kemp and democrat challenge stacey abrams. "way too early" is right back. ♪♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward. and helping you plan for future generations. this is "the planning effect" from fidelity. ♪ ♪

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would you support president biden running for a second term in 2024? >> i've not spent a minute thinking about what politicians should run for what in 2024. >> is that a yes or a no? >> the answer is i have not -- >> mr. walker former president biden is considering a run for the white house in 2024. simple yes or no answer. would you support a trump 2024 run? >> yes, i would and let me tell you, president trump is my friend, has nothing to do

with -- has nothing to do with that. 'he my friend. i won't leave my allies which is what senator warnock and joe biden did in afghanistan. >> that was another moment from friday's senate debate in georgia. noteworthy walker admitted biden won in 2020. so many aren't doing that. joining us now, national political correspondent molly ball. you've been covering this race very closely between senator warnock and his republican challenger, herschel walker. the polls, close, most have warnock up a few. what do you think, that debate likely their only debate, is it going to have any impact on the campaign? >> you know, it doesn't seem like it moved the needle in a huge way. it did, i think voters have a lot of questions about these candidates particularly about walker and this was one of those debates where, you know, both candidates really sort of got off the lines they were intending. i think voters who are curious

in trying to figure out who to vote for probably came away still feeling a little bit ambivalent so we'll see, but, you know, as you mentioned before early voting started today and it's coming down to the wire and know it is close, we know it's a close race, closer than that gubernatorial race so it really is going to go down to the wire and who knows, we might even get some playoff baseball. we may go to a runoff. >> there we go. the braves though out. certainly georgia voters though watching this carefully. molly, your latest piece for "time" is entitled "herschel walker and the trump candidate problem." tell us what you mean by that and what impact is it having in the race considering walker is, as you just noted, still very close in the polls. >> walker still not trying to distance himself at all from former president trump. if that were something that he even wanted to do, it would be difficult for him to do so because i think everyone knows that donald trump is the reason

herschel walker is the republicans' candidate in this race and what you hear from washington republicans as, you know, i and i'm sure you have been talking to a lot of the republicans sort of establishment here in washington, they're very nervous that candidates like walker, candidates who owe their spot on the ballot to donald trump could be the reason that they fail to take back the senate, if that's what happens. this is a midterm year. we all know it should be favorable conditions for the republican party. but in a lot of these races starting with this senate race in georgia so crucial that could decide the balance of power in the senate it's because of these trump-backed candidates that these trump-backed candidates that a lot of republicans feel like they're getting indigestion. had trump not intervened, they might have a candidate on the ballot here against rafael warnock who wouldn't be giving them quite so many issues with all the scandals. >> probably fewer badges displayed on stage, too.

as mentioned, the georgia gubernatorial debate is tonight. right now, anyway, polls suggest a different race than the last time kemp and abrams squared off. that one was decided by less than a point. this one kemp seems to have a comfortable lead. why do you think that is, and what will you be watching for tonight? >> yeah, you know, and i went down to georgia and i spoke to brian kemp, i saw stacey abrams campaigning as well. it's really striking having covered their race four years ago also, it is just a different race this time. in many ways the dynamics are reversed and we do see governor kemp seeming to put up a pretty comfortable lead against stacey abrams and what i found in talking to people down there is that, you know, everybody really believes that there are a lot of voters, especially independent voters in georgia, who may be voting for the republican governor kemp, and for the democrat senate candidate rafael warnock because they feel like governor kemp has done a good job leading the state, stood up

to president trump in the 2020 election, has guided the state with a firm hand through covid, and stacey abrams is not getting as much traction this time as she did four years ago. >> it seems certainly right. we'll be watching that debate tonight. national political correspondent for "time" magazine, molly ball, thank you for joining us this morning. new video of congressional leaders during the january 6th attack on the capitol. we'll get into that. and coming up on "morning joe," more on last night's closely watched senate debate in georgia that was missing one of the nominees. always a debate staple. also ahead, live reporting from china where president xi jinping is set to secure a historic third term in office. two members of congress, seth moulton and mike waltz will join the conversation on the heels of a trip to the region. "morning joe" is just a few moments away. to the region "morning joe" is just a few moments away ♪ it was time for a nunormal with nucala. nucala is a once-monthly add-on treatment for severe eosinophilic asthma

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because i do. oh she is good. voya. well planned. well invested. well protected. think he's posting about all that ancient roman coinage? no, he's seizing the moment with merrill. moving his money into his investment account in real time and that's... how you collect coins. your money never stops working for you with merrill, a bank of america company. on the heels of last week's january 6th hearing, two members of the house select committee are weighing in on what will happen if former president trump refuses to comply with the panel

subpoena. >> i won't engage in any hypotheticals at this moment as the subpoena hasn't yet even been served but what i will say is with previous subpoenas, what you have seen the committee do is being very deliberate and take the response to our subpoenas on a case by case basis, and i imagine we will also do that because we understand the seriousness of the charge of our committee. >> that's a bridge we cross if we have to get there. you know, look, we well recognize the fact that because of the committee only being able to exist until the end of this congressional year because that was the mandate, we're at a bit of a time limit here. as we're wrapping up the investigation, we're also pursuing new leads and facts, and we want to speak to the president. look, he's made it clear, he has nothing to hide is what he says, so he should come in on the day we ask him to come in. if he pushes beyond that, we'll figure out what to do next. >> joining us now, executive editor of newyorker.com, david

roe. great to see you this morning. kinzinger and liz cheney won't be in congress come january as well as there's the chance that the gop may have control of the house, and we certainly wouldn't expect them to keep the committee going. what's the trump strategy here? do we think he's trying to run out the clock, and do you think it will work? >> he delays, plays for time, he tries to run out the clock, as you said, and he raises money. he continues this narrative that he's this persecuted man and he won the election and the whole system is against him. i think that will work. that's why this election is so important in terms of who controls the house. >> were you surprised that the committee took the step to issue the subpoena, and as noted it hasn't been officially sent out yet, but there's an expectation it will in the coming days. >> the committee has done an amazing job in the communications. there wasn't a huge reveal. there was dramatic video of the members running for their lives on january 6th, but ending making the final hearing issuing

a subpoena to president trump, calling his bluff was a powerful way to end that final committee hearing. but again, time appears to be on donald trump's side, if the republicans win the house. >> and certainly there was some suggestion last week that trump would welcome the chance to talk. that quieted down over the weekend. no one anticipates that he will want to do so. no lawyer will let him appear under oath. >> appearing under oath is a complicated challenge. >> not something he's particularly good at. let's shift gears and talk about the judiciary. first, the supreme court ruled against donald trump last week in the mar-a-lago documents case. but some other members of other judiciary have as well. >> what's vital is the role of the judiciary. i see that the court's judges were critical in 2020, maybe more important than any branch of government in discrediting his claims that the election was stolen. more than 40 republican appointed judges who ruled that the claims of voter fraud were false, and again in the mar-a-lago investigation, he says he's a victim. there was a key ruling from the

u.s. appeals court in atlanta. there were two trump appointed judges that ruled against him. and that really gave credibility to that ruling and so the thing to watch, i think, over the next couple of years is how are these trump judges ruling. some of them have done, i think, the right thing, followed the rule of law and ruled against him, even though he appointed them. judge aileen cannon has done a series of rulings that favor him. i think that's a really corrosive and sort of dangerous view that we have trump judges, obama judges, it really, i think, you know, subverts people's view of the judiciary as independent. >> and certainly they had stood firm in recent years. lastly, give us your quick analysis on the dilemma of the department of justice where a decision will be made over whether or not to indict former rump, staring at this mountain of evidence, and many believe it's hard to come to any other conclusion. what's your take? >> they're going to be under

enormous pressure. no decision has been made. they are investigating the hell out of this. it's going to be merrick garland's decision in the end. whatever he does, he'll be criticized. liberals expect an indictment. the strongest case and the much stronger investigation is the mar-a-lago case, the classified documents. i have heard the january 6th case, the sort of clear legal theory of prosecution isn't there. these stories of trump, you know, ordering someone to move box. one lead they were pursuing, and this isn't confirmed is i was told he was showing documents to people, showing them off. again that hasn't been confirmed. that would get a much stronger case. >> when he was presidential, he wasn't shy of doing so. he whipped out a kim jong un letter, hey, don't tell anyone about this. thanks to all of you for getting up "way too early" with us on this monday morning. "morning joe" starts right now. well, if mr.