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Is that not only did that just get disregard, but then they tried to weaponize text messages, selectively leaked them to put out a narrative that quite frankly that the president didn't act, and i can tell you -- the president did act. this is all about, you know -- it's not about holding me in contempt. it's about coming after president donald trump, and sadly that's what tonight's vote was all about. >> we know it was hours before trump released that video statement telling the rioters to go home and remember in that same statement he told the capitol rioters we love you. we know the nationa...

Narrative quite frankly that the president didn't act. i can tell you the president did act. >> reporter: the department of justice has the final say on whether meadows will face charges, the case is not as straightforward as steve bannon's who the department moved quickly to indict. >> the supreme court has made very clear that executive privilege is not absolute, and that's exactly what mr. meadows is claiming. the fact he sent us on these documents shows that he understands that he doesn't enjoy absolute privilege. >> reporter: as we pointed out, the committee has slowly been releasing info...

Cooperate on those matters. that alone is sufficient to advance the referral. >> reporter: they are expected to refer mark meadows for criminal contempt of congress. the january 6th select committee pointing out meadows won't answer questions about text messages showing calls from republicans pleading to have donald trump act to stop the chaos. >> we know that for 187 minutes, president trump refused to act. and he refused to act when his action was required. >> reporter: meadows refused to sit for a deposition with the committee but only after submitting 6,000 documents, amounting to 9,000 pa...

Everything you've accomplished, brian kilmeade texted. quote, can he make a statement, ask people to leave the capitol, sean hannity urged. >> so, speaking of hannity, mark meadows appeared on hannity's show last night. you might think the two would talk about these text messages. but no, meadows did, however, mention the text on newsmax. >> we've tried very hard in a very transparent and accommodating way to share nonprivileged information. >> right. >> and what we found out tonight is that not only did that just get disregarded, but then they tried to weaponize text message, leak them to put...

People should be prosecuted so we need this information out there for historical purposes, for accuracy, but also for just accountability as well which seems to be diminishing by the day. >> and because they failed that derrick the effort now to roll back voting rights and infiltrate election officials, they failed that day so they are work now to find ways we need to do that again. the levers we tried to do that day. mark meadows saying not surprising. >> obviously it's disappointing but not surprising, and let's be clear about this, sean. this is not about me holding me in contempt. it's not...