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We can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. now joined by former obama acting assistant general neil katyal. we've been tracking some of these developments, including how the bannon case affects other potential witnesses who may face potential contempt. your thoughts on all of the above? >> yeah, so the justice department today, the prosecutors called steve bannon's filing frivolous, so bannon claimed that he wanted to make certain documents public and the justice department wasn't letting him, and the justice...

Sort of playbook by the way he went about the bannon case. so i would look for a decision within a couple of weeks at most. >> eli honig and carrie cordero, thank you. i'll be back here tomorrow at 1:00. the news continues right now with alisyn and victor. hello, i'm victor blackwell, good to be with you. >> and i'm alisyn camerota. the world is waiting for answers about omicron. we know very little other than it was detected in south africa. it is a highly mutated variant that appears to spread easily and could have some vaccine resistance. but scientists say it will be a few more weeks bef...

Here? >> i'm not so sure, ana. i think the prosecutors are overplaying their hand here. in any case prosecutors turn over the evidence to the defendant. have you to do that. we call it discovery, and for the most part defendants are free to do whatever they want with this discovery, to pass it around, put it on the internet, unless the prosecutor goes to the court and gets what we call a protiskt order which limits what the defense can do, but that's a fairly rare case. i almost never did that in my case. you have to be able to show if this evidence gets out there it's going to significantly t...

Reporters watching, looking at the body language. some members nodding off, again, texting, a lot of tension. everyone taking really good notes for once he finishes. >> we'll keep an eye on that. in the meantime, tonight, barbara, more wrangling on the republican side in court. i wonder what you make of the judge's decision on the pace of moving forward in the bannon case. clearly his lawyers would have liked to slow-walked it a lot more than the judge was willing to do. >> chris, it was interesting. in fact, it was one of those deals where bannon's lawyers said, your honor, for your benefit a...

I talked to a number of line prosecutes at the u.s. attorney's office, the district of columbia, and they are not sure either where or how they might proceed on this. the department of justice, merrick garland, and the office of legal counsel have to sit down and figure out how are they going to move forward bannon's prosecution, if at all. it could come as soon as days, and it could come as soon as years, so i think they have to look at the merits of the case first and then they will decide if they want to set new precedents on executive privilege in the bannon case. >> okay, back it up. days...