you have good reason to be concerned. you're at a high risk of getting sick and if you get sick, you're likely to spread it to others. >> administration's new plan comes just days before the big holiday weekend as millions of americans are preparing to gather with family and friends. the white house says it will deliver 500 million free rapid tests to homes next month. these have been in short supply for days. several drugstore chains have been struggling to keep them in stock. 1,000 military medical professionals will be deployed to facilities around the country. 20,000 new free testing sites will be established starting this week and some 10,000 popup vaccine clinics will be set up across the country. >> booster shots provide the strongest of protection, unfortunately, we still have tens and millions of people eligible for the booster shot who have not yet gotten it. the other day former president trump said he got his booster shot. maybe one of the few things he and i agree on. >> and tonight, we're learning about an exciting new development that may help point the way to a post pandemic reality. defense one reports that scientists at the walter reed army institute of research expect to announce in a few weeks they developed a single shot vaccine that protects against covid-19 in all of its variants including omicron. even so, the cdc is forecasting a grim scenario for the coming weeks. the agency today predicted a massive wave of omicron cases with covid cases well over 140,000 daily, federal officials are focussing on moving as quickly as possible to turn things around. >> we have a lot of disease out there now and what we're working right now to do is to decrease the amount of severe disease and death. if we can decrease the amount of cases, get more and more people vaccinated and boosted and decrease the surge on our hospitals with low rates ultimately of disease, i think that we would come out of this surge successfully. >> meanwhile, bloomberg reports that the fda could soon approve drugs from merck and pfizer that are designed to treat covid. these would be the first at home treatments for the virus but as we heard last night, there are questions about how soon they could be made available to the public. >> we have a good drug out of pfizer but we don't have enough of it, it's still just being scaled up. so how much of an impact it will have in time for this wave is hard to say. >> we're also keeping a close eye on the house investigation into the january 6th insurrection. the latest legal challenge for the select committee's authority comes from michael flynn. today, flynn filed suit against the committee in an effort to block its subpoenas that for him. his suit claims that the committee subpoenas that for testimony and records violate his rights to free speech and against self-incrimination. his suit challenges the panel's legal authority. also, republican congressman scott perry of pennsylvania said he would not cooperate with the january 6th committee after they requested he voluntarily provide them with information on monday. earlier today, the pennsylvania lawmaker posted this on twitter writing quote, i decline this request and will continue to fight the failures of the radical left who so desperately seek des traction -- distraction from the horrendous crisis they created at their border end quote and tweet. tonight, january 6th committee member adam schiff spoke with chris hayes about congressman perry's refusal. >> there is precedence for calling members of congress before an investigating committee. we asked a republican and democratic lawmaker both to come in, both agreed to do so voluntarily. it's extraordinary for a member of congress to refuse and here you have to ask the question why is he trying to obstruct the work of the comity and volunteer what he knows. he's been asked to volunteer but if he refuses, we'll have to consider what comes next. >> kind of amazing to think about that. that's a member of congress refusing an invitation by congress to talk to them. we'll have more on the house investigation later in the hour. i'll be joined by the former acting solicitor general. donald trump is already made public his plans for this upcoming january 6th. exactly one year after the capitol riot, he says he'll hold a news conference at mar-a-lago. with that, let's bring in our lead off guests on this tuesday night. phillip rucker and senior washington correspondent for "the washington post", co-author with the new york times best seller i alone can fix it. katy justice department reporter for "the new york times" and dr. irwin national center for disaster preparedness who advices us on public health. a professor of pediatrics. good evening to all of you, friends. thanks for being with us tonight. doctor, let me start with you. the government has not confirmed there might be a new vaccine that can handle omicron and is structured in a way to handle different mutations of the covid virus. that would be the biggest news. but we are dealing with an outbreak that is taking root faster than vaccines can fix it. >> right. good to see you. this has been a very extraordinary day in that sense because we have pretty much omicron taking over the predominant strain in our environment right now. it a dangerous situation. it moves very, very quickly. it replicates very rapidly. it is not entirely susceptible to the vaccine protection and some older strains and there is a lot to think about there. on the other hand, we have news from the defense department that the incredible research team at walter reed research institute is about to really start unveiling the details of the new vaccine that might cover any and all strains and mutations of the covid-19 virus. so a mixed bag but i think unfortunately in terms of the race against time here, we're in pretty big trouble for the next few weeks or a couple of months from the rampaging covid infection, ali. >> and phil rucker from your perspective, giving a sense of how and put some meat on those bones irwin talked about. there is real fear we're in real trouble. this administration unlike the prior administration did really come in on the basis of getting covid under control and now they're worried because they're seeing these statistics and projections from the cdc about how bad this could become in the next month or so. >> that's right, ali. this is a political concern in addition to obviously a public health concern for administration in part because of president biden's campaign promise that he was going to take control of this pandemic and tame it and help america navigate this crisis but it is getting worse. it's flaring up by the day. it is, of course, not president biden's fault that this new variant has emerged and that it is so transmissible and spreading quickly. the concern these people have over the covid winter and fears of holiday travel and the shortage of testing equipment at pharmacies and cities across the country, that is all compounding what is already been a pretty dire political season for president biden. >> meanwhile, katy, the work of the january 6th committee and the justice department continues. we have two separate things going on. michael flynn we remember as the first national security advisor to the former president has now filed suit against the committee and scott perry, the republican member of congress from pennsylvania, he didn't get a subpoena. he got an invitation to cooperate and said not interested. >> absolutely. so the lawsuit is interesting. he said the committee is impeding his free speech and believes something happened during the election that was wrong and off and that's absolutely fine for him to believe, which is true. but the lawsuit is interesting because the committee is not saying he has to believe one thing or another. the committee is not trying to say what it is he should tell them. the committee just wants him to come in and ask questions and he can invoke his right to not incriminate himself. it not clear how successful the lawsuit will be because the committee is not infringing on first amendment speech. he is trying to stop data and he wants the committee basically to not ask questions. it will be interesting to see where this lawsuit goes. i think in the end, we'll see somewhat of a stalemate because it's very, very hard to believe that the committee will get any information out of him, even if the lawsuit fails. >> irwin, i want to ask you in your title, you're the founding director of colombia's national disaster of preparedness. people are thinking about what is happening today with covid, as resembling march of 2020, things are very, very different. we have a vaccine and we have people vaccinated but there is some strain that we're expecting on the health care system and the white house announced help for the health care system. 1,000 medical professionals. i don't know what it is they will be doing but deploying medical professionals around the country to deal with shortages and backlogs that we've got. >> right, ali. this is a very strange situation because the fact of the matter is even before omicron, the delta variant was surging like crazy. we've had hospital systems across the united states and by the way, speaking of politics, as phillip mentioned awhile ago, this is a very political situation because the unvaccinated people in america are pretty much in the red states in the counties that voted for trump. it's extraordinary that politics and ideology enters itself at this public health crisis. the fact of the matter is that we're going to need help in supplies and personnel and so on in many hospitals that are or will be in the near future overwhelmed by covid-19 cases. ali. >> and phil, i mean, kind of wild. president trump talked about how he got a booster. he got booed the other day for it. the president today invoked donald trump and said might be one thing we agree upon he got a booster and i got a booster. this -- joe biden seems frustrated with the inability to convince that percentage of people that aren't getting boostered or didn't get the vaccine in the first place to get on that. >> yeah, ali, the problem here stems from the end of the trump presidency and the beginning of the biden presidency when donald trump refused to sort of fully advocate and become a champion for the vaccine which would have been such an easy political win for him because they had operation warp speed that put so much pressure on the fda and various government agencies to speed up the approval process for these vaccines to get the shots into arms as quickly as possible and yet, trump did not become the face of that campaign. in fact, he cast doubt on the -- how worthy the vaccine would be. he allowed a lot of misinformation to spread within the maga forces in the country and it's a major factor in why tens of millions of americans continue to this day to be unvaccinated and are resistant to following the public health guidelines and you heard from president biden again today, that those who are unvaccinated are at great risk from this new variant, those who have vaccinations have much milder cases, milder symptoms but if you're unvaccinated, it could become deadly. >> katy, i want to ask about liz cheney. the senior republican on the january 6th committee. she said there will be public hearings in the new year. she also talked about a line of inquiry that involves potentially targeting the former president. donald trump for responsibility. she actually sited legal precedent under which if they are deemed to have done something, donald trump and his allies were deemed to have done something under contrary to the law, they could actually face consequence for this. what do you know about this? >> yeah, so her statements are basically applying public pressure. the first is signaling to the public that the investigation is going to become more aggressive in the coming year and that places pressure on her fellow republicans because at the end of the day, it is really up to them to decide whether or not the party is going to continue to support the former president and continue to support people within the party who deny the results of the election. that is going to be the hugely important issue for the midterms, hugely important issue for the 2024 election where people are worried that this idea that nobody will believe the results of the election could lead to a lot of unrest. so she's laying down the gauntlet there saying we're going to have a public accounting and where will you stand? the second is the justice department. she's saying if we find criminal activity, we will deliver it to your doorstep and referral and then it's up to you to act. so far the justice department is relctant to investigate the former president so we'll see what happens depending what the committee finds. >> we'll talk about that later. there is pressure from people that say the justice department should be doing more about this. urban red liner, it is tuesday now. it blends together after awhile. it tuesday. there are a lot of people who have either wrapped things up or are wrapping things up and heading out to travel. we've got a lot of mixed messaging out there about whether people should and how they should handle it if you're vaccinated and boosted. what's your best advice? >> my best advice in this raging, surging omicron is this. this will not be a free and open holiday time for us. we need to be particularly careful. we're not going anywhere where there is not established that every single person there is fully vaccinated. by the way, fully vaccinated means three shots. forget the two shots. it's two shots plus the booster we need to require. people need to be tested and the day before they go to a party and especially so if there are young children there notcinated wear masks indoors as much as possible. a lot of precautions here but really necessary, ali. there have been as you cited before breakthroughs and of course, people who are not vaccinated have the risk of getting really ized and dying. hopefully we'll talk next year and things will be better. for right now, i really implore people, please, don't take chances. >> i love talking to the three of you. i would like to be talking to the three of you in a post covid board. thanks for taking your time tonight. phillip rucker and dr. erin, thank you for being with us. coming up, we'll talk to neal about the efforts from some witnesses to stone wall the january 6th committee and what we heard from the president about the path forward for his agenda after joe manchin rejected his nearly $2 trillion spending plan. 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ancestry®. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. i would support a subpoena for anyone's testimony that is relevant. we shouldn't be determined what their title and position is. this goes to justice being blind. someone refuses to come forth and voluntarily participate in a lawful process designed to uphold democracy, we will subpoena them. if they fail to compile with the subpoena, we'll refer for criminal contempt charges to the doj. >> that's democratic congressman jason crow making clear he'll back a subpoena for fellow house member scott perry for failing to cooperate with the investigation into january 6th. the january 6th committee has yet to officially subpoena the pennsylvania congressman but the panel spokesperson did say this, quote, the select committee prefers to gather relevant evidence for members corporatively but if members with relevant information decline to cooperate and endeavor to coverup, they will consider seeking such information using other tools end quote. with us for more is department of justice veteran and former acting solicitor general for the obama administration who argued dozens of cases before the supreme court. we always turn to you when we have complicated issues. scott perry is a member of the united states congress, a duly consequenced committee asked him to come forward with information he has. they haven't subpoenaed him. he came back with a wild swinging response that calls them left radicals and talks about afghanistan and all this stuff but not interested in participating with them. >> right, this isn't that harde you're saying. he would rather abolish the department of justice than co-opt it. that is scott perry what he's trying to do. he worked with jeffrey clark of the justice department to try to plot a coup. it's not surprising in a sense he's afraid to cooperate and, you know, the theme of all of these stories is these people are refusing to go and tell the truth under oath because they're afraid of what congress might find and you have to break every norm in the book to reach where scott perry is. this is his own body saying congress, we want to know what happened. tell us what happened. what does he do? he makes fake argument after fake argument how the january 6th committee is illegitimate and nonsense about inflation and the like. has nothing to do with this. the bottom line is look, dude, you're there. tell the truth about what happened and if you feel like you did nothing wrong, you should have nothing to hide. >> so neal, for my parents watching this tonight, i know at some point they will say this is the united states congress. if you get a letter from them, a serious invitation or subpoena and they ask you to participate and come forward, generally speaking, you think most people would. what are these other tools the committee says they have in their tool box if a guy like scott perry says forget it? >> you're absolutely right. of course we would go and testify. it should be heightened. the two tools congress has are contempt, which you were mentioning before to formally try to say a crime is being committed because you're failing to tell the truth to congress and the other is -- so that's a criminal contempt. that's what is being used with steve bannon right now. the other mechanism is the inherent contempt authority they could actually jail this member of congress on their own if they wanted to and say look, you know, that's the price for not telling the truth. that's the power that goes all the way back to the founding. i guess the last thing i'd say is they have the power to expel him under the constitution but that would require a super majority vote by the congress. >> i want to ask you about liz cheney. last week she said something. i was just talking to katy about it. she was talking about -- let's play what she said on december 13th about donald trump. >> did donald trump through action or inaction corruptly seek to obstruct or impede congress' official proceedings to count electoral votes. >> remarkable language. did donald trump through action or inaction corruptly seek to obstruct or impede congress' official proceeding to count electoral votes on january 6th. that's meaningful. the committee wants to look into is meaningful because if the answer is yes, she stated the legal grounds on which one could pursue legal action against donald trump. >> she's making both points, they both turn on this statute 15-12. it a criminal statute. it makes it a felony to obstruct an official proceeding and what cheney is referring to is that now three different federal judges in the d.c. district court have all said this statute was potentially violated on january 6th by insurrectionists and the insurectioists the judges found just needed to intend to try to stop the count that would otherwise happen. that's cheney's point here. these by the way are trump judges, two out of the three that made this determination. the other thing she's saying is, you know, it's not just trump's action but inaction. so trump is saying i guess his defense is look, i didn't light the match. but by all accounts what cheney is saying is look, at least you sat in front of the fire truck toasting marshmallows if you didn't light the match. whether or not donald trump meets the legal term of obstruction i'm sure this is cheney's argument he wasn't exactly advocating the crowd to march to the capitol and count the votes. he was urging them to stop the count. >> right. >> so that runs you squarely into a federal crime. that's why cheney's remarks are so important and why donald trump this week has been kind of even by his own standards more off the rails than usual. >> and the issue here, she uses the words corruptly because that's important seek to obstruct or impede. if you cannot charge people who were involved in january 6th with obstruction, then it sort of doesn't -- it stops being a felony and becomes a misdemeanor, which is disruption, which is more like protest and that's the argument i guess i'm over simplifying it here but that seems to be the legal argument some of these people make. it was a disruption, a protest, versus the bstruction of an official proceeding. that's what this hangs on. >> exactly. so what she refers to the words corruptly and impeding, that's the language of the federal felony statute 1512 and that's different than of course, the criminal misdemeanor statute. by the way, when a president commit as criminal misdemeanor, that's a huge thing by itself. but what i think cheney is pointing to is it doesn't look just like a misdemeanor, it looks like a federal felony. that's what the investigation in part is designed to do. the january 6th committee and if they find, as i suspect they will that donald trump violated 1512, then i think it's their obligation to make a referral to the justice department for a criminal prosecution of the former president. i know that's a very serious thing. i don't say that lightly but that's because what happened on january 6th was deadly serious. >> well, let's follow that to it natural conclusion. a lot of people say this january 6th committee is piling up lots of evidence that perhaps merrick garland and the justice department should do something with. the criminal referral they made for steve bannon resulted in an arrest in the case of mark meadows, they're still sitting on it. it's more complicated because unlike steve bannon healthcare reform -- mark meadows worked for the justice department. where is march rick merrick garland in this? >> he's made the prosecution based on the congressional referral of steve bannon. he's now looking at meadows and there are lawsuit after lawsuit trying to stop garland and others from doing their job. so i think they've done a fairly good job in fending that off. at the end of the day, we're almost a year after the january 6th attacks and the american people don't have answers to a lot of basic questions so that's really concerning to me. i think merrick garland has done things largely right but could be more forthcoming on certain aspects of this. so for example, you know, is it -- does garland believe if the trump justice department falsely, wrongly closed a criminal investigation, can they reopen it? that's a very simple thing that the editors of law fair said that's something you should be talking about, garland. garland is very quiet individual. when he was a judge, he all most never gave speeches. he carried that through. i understand the reasons for it but right now we're in a media world where jokers like steve bannon and mo brooks have big microphones. you hear from you and me but not from the attorney general of the united states. >> right. the wheels of justice may be turning but we might want to hear machinery or some people might want to hear the machinery. good to see you. you make things so much clearer for us. the former donald trump of justice veteran and acting solicitor general. coming up, what we know about tonight's democratic huddle to build back better when "the 11th hour" continues. 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(music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ (music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ some people don't think i'm irish because i don't hold a grudge. i think there is a possibility of getting build back better done. >> democrats are searching for a way forward on the president's agenda. senate democrats held a virtual caucus meeting to plot their next moves. the big question is would joe manchin make an appearance? he did. what good it did remains to be seen. we're joined by mike murphy, veteran republican strategists and co-director for the center of the political future at the center of the university of california. good evening to both of you. david, let's start with you. we weren't sure whether manchin would show up and those speculating if he would show up, my question is what happens if he actually does show up? will people bite their tongues? will they look for a way forward? do you have any idea what happened? >> i'm sure in today's world a lot leaks out. i'm sure by tomorrow a lot of sense. it's good he attended. there is no guarantees given what has happened. i think major elements of build back better have a good chance of passing and i think that that will be the work in january. that and making sure we pass voting rights legislation that protects our democracy and doesn't turn this country into an autocracy. mansion and a lot of democrats aren't that far apart. this ought to be something that can get done. it's important to get done for the country most importantly but important to get done for politics because i think you're going to want democrats to be as excited next year about the election as possible for turnout but republicans opposed these things. that we are democracy, child care tax credit, long term care, the infrastructure bill with notable exceptions in the senate but brave republican senators. i think it's likely that this gets put back together. it's not going to be everything every democrat wants but significant and it's important because we don't know what will happen after '22. i hope this doesn't happen as a democrat but republicans could win back control. this is your last chance perhaps for awhile to take a big swing here and help out hundreds of millions of americans. >> so mike, interesting, you don't disagree with the idea of a big swing. you definitely think there is a messaging problem on one hand, democrats are all in on policies known to be popular across the country among voters of both parties. on the other hand, you're worried about how this is looking and how this is going down? >> well, from biden's point of view, i'm a conservative so i'm not a big fan of spending programs. he has a huge political problem and needs a reset. they can no longer make the mistake they pay a big political price of confusing partisan with ideological control. they asked manchin to go into places where joe manchin from west virginia where joe biden got under a third of the vote can't go. the question is now can they chop it down to some of the most popular elements, pass those and then have a fight over the other elements because it's an election year and a lot of what the senate becomes is a platform to try to control the agenda of the election. so they have to accept manchin and pass something and go on offense on other things. that's the smartest move for them. can they execute? i'm not sure. the problem with build back better is nobody knows what's in it. if they break it up, they can fight on things people do understand like program one, program two, program three even if they don't pass them, they get the issue. >> tell me how that works. first of all, i'm curious whether you agree with mike's idea and suggest do it in smaller bits but how does that become reality? at what point does someone say we're going to stop talking about this as build back better or call it something else or we're starting again. you're hearing it from the president. you heard it a little bit from the vice president yesterday but what does this actually, what happens now? how do you turn this ship around? >> reality needs to dictate that. so i think it's whatever will get 50 votes in the senate, 218 votes in the house and joe biden's signature. if that's build back better 2.0, that's smaller and more focused, great. if it's taking individual votes, great. so i think the reality is going to have to jog. from a political messaging standpoint, it's hard enough to sell one bill, it really hard in my experience to sell big packages that have multiple parts. maybe it would be easier to break it up and give a week and get on the road and do interviews. the reality is it's whatever joe manchin, nancy pelosi and schumer say in terms of how do you get this done? >> mike, you're nodding. you're agreeing with that? >> i think they've got the power here. the only thing i say from biden's point of view is he's in trouble but because he's perceived to be weak. he's a by stander. so biden ought to get in front or whatever mansion will go for and declare victory and move forward. he gets the starting role and looks to be in control. the reality is what david said. these are the people driving the legislative ship. >> guys, stay with me. i want to take a quick break and come back and continue this discussion. the dark and disturbing themes of division and political violence out in the open now in the extreme far right when "the 11th hour" continues. e 11 hthour" continues ♪♪ the only thing a disaster can't destroy is hope. ♪♪ donate now at redcross.org ♪ [ cheers ] >> kyle! kyle! kyle! kyle! kyle! kyle! kyle! kyle! >> now, you'd be forgiven for assuming what you saw here was a wrestle mania. this was yesterday's stage elaborate for ultra conservative young people for none other than kyle rittenhouse, the then 17-year-old that shot and killed two and wounded a third last summer at a black lives matter protest after crossing state lines with an ar-15 that was not obtained legally. rittenhouse was acquitted last month a verdict that the right wing fringe is celebrating while seeming to embrace political violence and vigilante. mike, i don't make it a habit to watch turning point usa this event that's been on but had a weird ting to it this week. there is a lot of gun stuff and a lot of guns as the last stand against the government in protecting your liberty and then there is this weird rock star kind of thing for kyle. feels like they may have lost the plot on this one. >> look, american politics is a vital thing and we're veering into dangerous territory. there is plenty of room for this freak show of these, i guess i'll call them internet celebrities in the political world and they can convince the right wing net version of a star trek convention and guys like rittenhouse will get attention but it's not where the center of the debate is. i would say it is the symptom of kind of a stupid implication of politics on the far right they start this kind of hero worship of figures like that. >> david, what mike puts it that way, i'm a little more relaxed about the whole thing. i'm worried. i was hearing about guns and sebastian talking about second amendment stuff and civil war but not to rush into it. it's not here yet. it sounded more scary. what is it? is it something worth worrying about or you're the fringe of the right wing at this point? >> well, if it's sort of staying to use mike's "star trek" example that's okay. when it goes yeah, you've got the christmas cards we've seen with people fully loaded with assault weapons. you've got more members of the house, the fringe members of the house talking about it. so i mean, the notion that we're not going to see political violence again in this country sadly is naive. they're not being subtle about their aims and defeating the pandemic, overcoming the next few weeks of omicron are critical issues of the country. the big issue is the big issue. there were violent terrorists that tried to over throw the government, kill police officers and are sending the message that they are going to basically defend what they believe the country should be, which is for a lot of them an autocracy. the real question, we're at 65 to 70% of the country sadly, not 95 who do not want us to become an autocracy. right now there is only one party firmly committed university to the notion we should remain a democracy and keep violence out of our politics. and that's the democratic party and the democratic party has to be super welcoming and open to all comers to allow us to get through this threat over the next two elections about democracy versus autocracy. it's fringe but i'm worried we begin to see this bleed more into the main stream of the republican party. >> let me just add -- >> mike, i want to -- just before i want to hear your response before i say it, i called kyle rittenhouse kyle cheney, kyle cheney is a well respected friend. it's kyle rittenhouse. what's your wall to prevent what david has written about. how do you keep them from the center of the conservative movement? >> they make a lot of noise because they're a freak show. in the commerce of cable tv they're fun to put the spotlight on because they get everyone riled up. what power do they have in the primary? we'll have a civil war. the question is will the fringe who are easy to find in the house but also in some state leg -- legislators going to increase with power going forward and how much is donald trump the tip of the spear occasionally embarrassed by these people and got booed when he mentioned naturally he got a booster shot how it plays out. if the republican party wants to lose votes and lose elections to the left, this is a perfect way to go do it and a lot of us who are, you know, against that stuff in the party, we want to have the civil war over the next two election cycles and see what the republican party wants to be. the fact it's being tested is bad news but that's the fight happening now and has to happen. >> david, mike makes this point there is a weird over lap on the fringes of the right now with this stuff, with second amendment stuff and liberty and that it's the same stuff that's happened with vaccines. we knew there would be some vaccine hesitancy in this country. there is all over the world. somehow this is a mainstay of this group. >> yeah, well, of course, almost all of them except sarah palin have two shots and have been boosted. it's not on the level, sadly. the only thing on the level is the desire to get rid of democracy. a lot of them really believe that. that will be my question. in competitive house districts, senate districts, gubernatorial races in 2022 and the big 2024 republican presidential primary, which gates do people have to go through? if it's people that will love kyle rittenhouse and love marjorie taylor greene, i think the republican party will have a hard time doing well. so much of '22 by the way will come down to that. do they nominate some people who aren't like glenn youngkin in particular who kind of like mitt romney 2.0 to voters in virginia but if it is the freak show that comes through the primaries, they're going to lose most of the seats in swing districts for the house and senate. >> i think it will be a good year -- >> guys appreciate -- >> sorry. just you have to -- >> finish your thought, mike. >> you have to choose -- voters have to choose between the polls are accurate, frustration with the biden administration versus in some cases whack job republican candidates who are nominated in the senate in the suburbs is where that will play out. >> guys, i can talk to you all night. appreciate it. you never know what you might find in the back of the office after months of work from home. we'll tell you about that when "the 1 1th hour" continues. 1ths plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! (vo) for fourteen years, subaru and our retailers have been sharing the love with those who need it most. try new liquid-filled vazalore. now subaru is the largest automotive donor to make-a-wish and meals on wheels. and the largest corporate donor to the aspca and national park foundation. get a new subaru during the share the love event and subaru will donate two hundred and fifty dollars to charity. how not to be a hero: because that's the last thing they need you to be. you don't have to save the day. you just have to navigate the world so that a foster child isn't doing it solo. you just have to stand up for a kid who isn't fluent in bureaucracy, or maybe not in their own emotions. so show up, however you can, for the foster kids who need it most— at helpfosterchildren.com switching wireless carriers is easy with xfinity. just lean on our helpful switch squad for the foster kids who need it most— to help you save with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. get $200 off a new eligible 5g phone when you switch to xfinity mobile. talk with our helpful switch squad at your local xfinity store today. a physics professor in harlem got a big surprise sifting through his office mail. nearly $200,000 in cash was sent to him in an ordinary cardboard box and the unusual donation is going to good use. a report from kerry sanders. >> reporter: physics professor is all about solving mysteries of the universe but who sent him and city college of new york this box filled with cash is tonight a mystery unsolved. you see this money and you're not sure how much it is but what are you thinking? >> i'm thinking wow. i've never seen this kind of money in my life. >> reporter: $180,000 unexpected dollars. a letter with the cash said in part assuming you're a bit curious why i'm doing this, the reason is straightforward. a bachelor and masters degree in physics resulted in a long productive immensely rewarding career. adding to the i'm probable story, the box with $90 in post take was mailed in late 2020, but because of the pandemic, it sat unopened for ten months. >> somebody trusted the post office, somebody trusted the mail room, somebody trusted the whole system and that's another great part of the story. >> reporter: the fbi investigated and agents said the money is legit. the name on the letter and address letter kyle paisley but no graduates with that name. >> at some point it dawned on me the person doesn't want to be found, why should i do it? >> reporter: a physics professor with scholarship money and a mystery he chooses not to solve. kerry sanders, nbc news. >> and coming up, even more good news tonight about the days ahead when "the 1th hour "continues. 1th hour "continues oh, we can help with that. okay, imagine this. continues. continues. and needs a plan with a mobile hotspot. we cut to downtown, your sales rep lisa has to send some files, like asap! so basically i can pick the right plan for each employee. yeah i should've just led with that. with at&t business. you can pick the best plan for each employee and get the best deals on every smart phone. people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. when it comes to autism, finding the right words can be tough.or planning to be. finding understanding doesn't have to be. we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. no one can deliver your mom's homemade short ribs. that's why instacart helps deliver the ingredients. and you add the love. the last thing before we go tonight, are you tired of the sun going down so early? you had enough with the short days and the long cold nights? well, some good news for you. today we mark the winter solstice, the official start of winter. the word solstice means in latin the sun is standing still because it marks the very moment where the northern hemisphere is tilted farthest from the swung. -- sun. every day after today the days will get a little bit longer. the sun will set a little bit later and we'll inch closer and closer back to summer. that may be why so many traditions have celebrations around the winter solstice, one of the largest is held every year in england at the prehistoric monument at stone hedge. they believed the stones were shaped to the sun on the day of the summer solstice. many see the winter solstice as an opportunity for renewal and embracing hope amid the dark nls. let's go with that. that is our broadcast for this tuesday night. with our thanks for being with us on behalf of all of my colleagues at the networks of nbc news, good night. e networks nbc news, good night as of today, you have made it. you have made it through the longest night of the year. it's all downhill in brightening horizons from now on. it's great to have you here. okay. one year ago, to be precise exactly one year in one week ago. on december 14th last year, this quite naughty thing happened at a state capital building in lansing michigan. a group of 16 michigan republicans came to a side door of the state capital, and they tried to get in

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