that's at 9:00 and noon eastern. until then follow me on facebook, instagram and twitter and the tiktok. tweet the show. if you ever miss an episode you can listen to "the lead" where you get your podcasts. our coverage continues right now. have a great weekend. happening now, breaking news. president biden is refusing to help donald trump stone wall the january 6 investigation. rejecting a request to assert executive privilege over white house documents. now former president trump is responding and making his own request to keep the information under wraps. tonight the president on the defensive after a disappointing jobs report as party infighting keeps threatening the economic agenda. over on capitol hill a short term solution to the debt limit drama is highlighting long term

dysfunction. as police keep searching for brian laundrie they have him under surveillance before he went missing and more mystery around the disappearance and gabby petito's death and cell phones seem to have vanished. welcome to the viewers around the world and in the united states. i'm pamela brown and you're in "the situation room." let's get right to the breaking news on the january 6 investigation and including president biden's refusal to assert executive privilege on behalf of former president trump. a lot of moving parts today. our justice correspondent jessica schneider is following the new angles why the january 6 committee got an important green light from president biden on this. >> they did but this is setting up a very big and looming legal

fight. so the current president, president biden, saying that he will not invoke executive privilege saying he will not shield the trump white house documents from going to the committee calling them unique circumstances but the former president is firing back. he's released the two-page letter to the national archives saying he'll invoke executive privilege and a former president can do and the fight could play out in federal court. >> reporter: tonight the biden administration is clearing the way for the select committee to get details what was happening inside the white house before and during the insurrection. the white house counsel telling the national archives that president biden will not assert executive privilege over some records from the trump white house since it sheds light on the events in the white house on and about january 6 and bear on the need to understand the facts underlying the most serious attack on the operations of the

federal government since the civil war. >> this is the first set of documents and will evaluate case by case basis but the president is clear that he believes it to be of the utmost importance to have an understanding of the events of that day. >> reporter: the committee made 12 pages of demands to the archives in august and while unclear which documents have been cleared by the biden white house to give the wide ranging request included call logs and schedules from trump's family members on january 6 including melania trump, three oldest children and son-in-law jared kushner and visitor logs from the white house on january 6 and even documents pertaining to the mental stability of the former president. trump sent a letter to the archives trying to exert executive privilege signing a letter and ended it with should the committee seek i will take all necessary and appropriate steps to defend the office of

the presidency. >> it's fear of the return of trump. that's why all the committees are. >> reporter: former trump official steve bannon is telling select committee he will not comply with the congressional subpoena. the attorney saying in a letter the former president plans to invoke expectative privilege and must accept the direction. bannon's legal team also saying it could be up to the courts to decide whether he will be forced to cooperate essentially daring the commit tee to sue or hold bannon in criminal contempt. >> this letter we saw from steve bannon is a delay tactic, a political strategy but legally it holds no water. >> reporter: many legal experts say he would not be covered because he left the white house in 2017 and was not working for the federal government on january 6. a day after that deadline to turn over documents the committee revealing in a statement that two other subpoena targets, mark meadows

and cosh batel, are engaging with the committee. and the committee now is firinging back at bannon. they're accusing him of hiding behind big privilege assertions and lawmakers are saying that they will act swiftly against anyone who refuses to comply with the subpoenas. they're including potential criminal contempt and could apply to bannon. the committee is not referencing anything pertaining to the former deputy chief of staff. we don't know if he's been served or working with the committee and did hear today from the former trump administration official and released a statement and said he's engaged in confidential deal wings the commit tee and responded to the subpoena in a timely manner so a lot moving here and fighting and that court fight looming here. >> no surprise that we see a court fight ahead.

thank you so much. let's get more on this with the chief political analyst gloria borger and senior legal analyst laura coats. great to see you both. laura, president biden isn't asserting executive privilege. former president trump said he is. help us understand. does trump have any standing here? what do you think will happen? >> remember that executive privilege belongs to the person in charge of the expectative branch. president joe biden. but they did assert they would think about doing so on a case by case basis and think of the people who they have subpoenaed. you have a chief of staff, a deputy chief of staff, adviser and also a pentagon chief of staff. there is some precedential issues with a president tex ending or withhold executive privilege and you could foresee a future president taking issue

with this. thinking about the role of executive privilege it is not protecting the president but the presidency and so they're contemplating whether or not to extend it and the former president in unchartered territory trying to asesert tha which he has abandoned. he can't veto or command the u.s. armed forces. can't sign legislation and pardon and wants to have this one be the one he keeps and the courts are not likely to find that to be the case. >> and it's also interesting that the former doj officials he let them talk to the committee and trying to assert this in this case. gloria, we saw how trump and attorneys trying to use the courts to run out the clock on investigations. >> they succeeded. remember? >> and they succeeded. do you see the same strategy at play here? >> absolutely, absolutely. look. there's a mids term election

coming up. stone walling is their m.o. we have seen time and time again over the last yores and i think that's what this is all about. i think there's complicated legal issues here as laura points out and the committee wants to get to the bottom of january 6. they could go the criminal route charging the people with contempt. they could charge civil contempt als also. there's ways to figure this out. time is of the essence. the democrats know what happened in the mueller investigation. they know what happened of the last four years and determined to have this done in a manner that people can see for themselves quickly. that's difficult and will proceed differently from the way democrats have done in the past. >> laura, gloria raises the important point of what the leaders of the january 6 committee will do next and take

quick action and hold that refuse to comply with the subpoenas in criminal con templt. how much power do they have? >> they have to work with the department of justice for the criminal referral element. you have a different attorney general here who is prone at this point to follow the law obviously, to honor the department of justice and the role of what other members of congress could play to say that the person can be held in contempt and requires a vote from the people on the committee asking for the subpoena to be honored and an overall chamber to vote on it through a majority so there is a process at play here. they have to follow it and will be own an expedited basis. >> also i want to say that someone like mark meadows as a chief of staff you can understand why members of congress say maybe a so i recollect under which a chief of

staff conversation should be privileged and meadows said he was engaging with the committee so does that mean they're going to try to cut some kind of a deal where some things he would agree to and some things he wouldn't agree to? we know that donald trump doesn't want him to talk to the committee at all and clear to me he is engaging with them and trying to come up with some way to cooperate. we'll have to see. >> we have to see. go ahead, laura. >> absolutely. for the reasons we talk about. the idea, remember why the executive privilege withheld or extended is not just about what will happen to the biden administration but future presidents, as well. you have the office of legal counsel saying, no. are we sure we want to go down this route? because it could be used against a future administration. >> important point there. thank you. >> thank you. now let's bring in democratic congressman jim hines

of connecticut a member 069 house intelligence committee. nice to see you, congressman. you have this letter from former president trump. does he have any legal standing in your view to continue to fight the subpoenas? >> this is an interesting question. for people not in the administration i think of steve bannon not working for the president at the time and the people associated with the stop the steal he has absolutely no claim to executive privilege. then it gets complicated. right? and i think the resolution if we have time to get to that resolution is that first of all president biden who is the president right now is the ultimate arbiter of executive privilege and may decide there's enough of an issue to be careful and need to remember we can't lose sight in the legal technicalities that the last president showed total disrespect for the law, for conventions, for norms calling judges mexican judges.

vie lating the law. every day. every person who makes a decision like president biden, like judges need to remember that we are dealing with a fa failed coup detat and we need to get the facts because for the first time in the history almost deliberately on the part of the president did not experience a peaceful transfer of power. >> i want to note you serve on the house intelligence commit tee. played a role in the russia probe and dealt with trying to piece together an invest. what should democrats learn from what you experienced on the committee and what we saw there with the trump white house trying to play out the clock in court? what should democrats do now differently now? >> exactly. you summarized it perfectly. investigating ukraine and russia, both things that led to

the president's impeachment, ukraine in particular, witnesses said we are not coming and shows contempt of congress and disappointed we didn't come down hard on them. this is not about democrats but the congress of the united states, the representatives of the people. if the precedent is established that anybody says i don't want to talk to you, my republican friends understand that that is a very serious problem for them because some day they will have the majority, they will want to subpoena people and want people to answer them. sadly the republican colleagues today that would be a sign of disloyalty to their president for life and therefore they won't say it but this is about whether congress will have the power that the legislator, the legislature, the representatives of the people should have. >> are you concerned looking at the flip side the precedent to set for president biden not invoking executive privilege

that a future president would then or a future congress trying to investigate him or other democratic precedent given what's at play here? >> it is a good question. and it's a really hard answer because president trump used every available remedy, all of the things traditionally there to protect things, like the conversations between an adviser and a president, used the remedies not to protect legitimate conversations but to shield himself from liability which is why i go back to the notion that we can't throw out the concept of privilege . what i would expect the white house to do is the biden white house to look to see exactly what the committee wants and where there's a legitimate interest in getting that information. executive privilege doesn't protect criminal activity. it does not.

i would trust the biden administration to make the judgment whether somebody should be protected or whether something is critical to understanding the full details of what happened when we almost failed to have a peaceful transfer of power in our democracy. >> thank you so much. >> thank you. just ahead the situation room, president biden tries to put a positive spin on the disappointing jobs report. as his economic agenda is strapped in the chaos on capitol hill. lavender baths calmed him. so we made a plan to turn bath time into a business. ♪ ♪ find a northwestern mutual advisor at nm.com

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it's an important time to save. with priceline, you can get up to 60% off amazing hotels. and when you get a big deal... you feel like a big deal. ♪ priceline. every trip is a big deal. tonight president biden is on the defensive over a new slowdown in the jobs market. a new report shows the u.s.

added 194,000 jobs last month. that's far fewer than expected. the president suggested covid-19 is to blame. >> today's report was based on a survey of september 13. not today. september 13. when the covid cases were arching more than 150,000 per day. since then we have seen the daily cases fall by more than one third and continuing to trend down. we are continuing to make progress. >> but disappointing jobs report caps a chaotic week in washington that threatened the u.s. economy and the president's agenda. our congressional correspondent ryan nobles has the latest on that. >> reporter: tonight president biden's multitrillion dollar domestic jand in the hands of a disfunctional congress that's shown little desire to budge. >> we have the time and the

space to finish the negotiations and get that done before we have to turn to the end of year appropriations. >> reporter: his agenda stalled on capitol hill with moderates and progressives unable to come to a consensus on how much money to spend and what to spend it on. >> you got to communicate. >> reporter: sanders and manchin's differences from coming to a head. this week multiple sources on a virtual call with the white house and progressive members of congress said that congressman suggested that the two men get in a room and negotiate. biden described that scenario as homicide. sanders telling reporters friday that quote my criticism of manchin and sinema is not the views. i disagree with their views but they're entitled to the views. my strong criticism is it is wrong when the american people, the president of the united states, when 96% of the

colleagues want do go forward it is wrong to obstruct. congress did avert a potential disaster passing a short term fix. as democrats cut a deal with mitch mcconnell. but that short term extension did not resolve the problems. and it also exposed an ongoing rift in the republican party pitting former president trump against minority leader mcconnell. >> the senate needs new leadership. mitch is not the guy. >> reporter: trump wanted the gop to hold firm and many sitting senators agreed. >> we blinked. we have let the people down and made the democrats believe we are all talk and no action. >> reporter: both parties dealing with factions wanting different things and as a result very little is getting done.

here on capitol hill between progressives and moderates, between republicans and democrats seems to be on full disaplay at every stage of the negotiations. last night chuck schumer after this somewhat bipartisan deal was struck to avert the debt ceiling crisis gave a blistering speech attacking republicans for their obstruction of negotiations and you can see right behind him the democrat joe manchin with his head in his hands just concerned about the level of attack that schumer put against republicans at a time when they try to find areas of negotiation and compromise. a very glaring symbol of why it is difficult to get anything done here on capitol hill. >> no surprise that moment went viral. thank you from capitol hill. joining me is former ohio governor john kasich.

great to see you. following just all the chaos on capitol hill this week that ryan laid out is it any wonder americans have grown so frustrate with the congress? >> no. there is no -- there is a reason to understand why they're frustrated. i think what they were able to do is to get an agreement to move things into december which means that they basically have said we will raise the debt ceiling to accommodate spending that's already happened. the challenge is going to be come december. we have to see what the democrats plan to spend in both bills. the real infrastructure bill which is highways and roads and then this other social spending bill and that's going to have a price tag. if that point there's two ways this can go. the republicans can be involved in a negotiation on the broader bill because on the narrow highway bill that's already pretty much agreed to but on the other bill negotiations or the

democrats can say forget it and we'll go alone and pass what we want and raise the debt ceiling with the party doing it. but we have just averted a short term problem and the big one is coming down the road. >> it didn't create a long term solution. that's for sure. >> right. >> what do you make of chuck schumer's partisan comments? senator manchin said that was not appropriate at this time. what do you think? >> pamela, look. negotiations have to go on. nobody in america cares what chuck schumer said blasting the republicans. but the republicans heard it and manchin heard it so whether you try to negotiate you know this. you have been in negotiations whether setting a house or car why when somebody is carried away and nasty it is more difficult. chuck, i know chuck schumer. he should have restrained himself and probably frustrated

but a mistake to do it. he'll recover from that. >> thank you so much. >> you're very welcome. thank you. breaking news, up next new details in the gabby petito investigation. authorities now say brian laundrie was under surveillance before he disappeared. but police never spoke with him about the missing fiancee. men dt to the test with nelson, a volunteer that puts care into everything he does. it really protects my skin. it's comfortable and lasts a long time. dove men, 48h freshness with triple action moisturizers. regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric.

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the phones that they had on their trip are still missing. what new details are you learning from investigators? >> reporter: pamela, that information just coming in that the north port police say they don't have the cell phones that the couple used during that cross country road trip that they searched the van that ended up in this very home when brian laundrie came home alone from that trip and in that van they did not find those two phones why the same phones that you see in the body cam footage from august is 12 when the couple encountered police. but we have also just learned in the last half hour we asked the attorney for the laundrie parents or brian laundrie's parents if they have taken a polygraph. we were told they have not when asked if they were willing to he

declined to comment. it speaks a little bit to the frustration that investigators have been vocal about in terms of cooperation from the laundrie parents on this investigation. we did see chris laundrie brian's father out in the reserve yesterday searching with teams. the first time publicly seen him do that. they told us that he was out there pointing places brian was known to frequent given that the parents told police that's where he was headed and learned this evening there's no current plans for either of the parents to return to the reserve to search for brian laundrie. we were there today and it was pretty quiet. we didn't see any teams going in and out like we have for the last three weeks. what we did see here at the

laundrie home is a plane over the home with a banner that said end the silence. justice for gabby so really today we have seen the frustrations, sensed the fr frustration not just from the community wanting answers and from investigators. pamela? >> thank you so much. for more let's turn to senior law enforcement analyst chief ramsey. authorities con foim they don't have the phone that laundrie useded on the road trip. how crucial is that piece of evidence? >> crucial. no doubt the phones were d disabled. it's unfortunate they don't have it. i was led to believe from the information publicly the phone was there and left that phone

taking off by apparently a different phone he left behind. >> laundrie was surveilled by police before he disappeared. how did he slip through the cracks? >> at the time, i don't know the exact time line when they were con ducking sir urveillance but the a missing person. conducting a surveillance can be manpower intensive and i don't know how large that department is. i doubt it's large. i don't know if they tried to set up round the clock surveillance but that's something to be looked into to find out exactly what took place. did they have a surveillance? if so how did he elude them when they were on surveillance? >> we have learned that the parents did not take a

polygraph. >> i'm not surprised. the lawyer won't let them. at this point in time if it were me i think that they need to go before a grand jury and get subpoenaed before a grand jury, lock in the testimony. if they lie or say something that's untruth. they have major legal problems and time to quit playing with this thing. you know? they may have some information they withhold and got to get to the bottom of it. it can go on forever unless we find brian laundrie and i think they can help in that regard. >> we know that initially according to reporting that they refused to talk about the disappearance in the initial conversations with police. charles, thank you so much. >> thank you. just ahead, a potential milestone in the latest u.s. covid surge. is the coruntry turning a corne.

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turning to the latest on the coronavirus pandemic. for the first time since august the u.s. has now averaged fewer than 100,000 new cases a day. joining us to talk about that and more dr. lena wen, author of "lifelines." great to see you as always. so look. we are all tired of this pandemic. right? that is something that we can all probably agree on. are we finally through the worst of the daeltd driven covid surge? what is it going to take to keep the trends going in the right direction? >> pamela, as a country we are definitely trending in the right direction finally. the problem is that people really need to look at where they are. because while there are some places that are really doing very well with high vaccination

rates and low infection rates other places are trending in the wrong direction. we have alaska and mounwn min wt and in maryland the number of new cases ticking up and important to look at where they are, make judgments accordingly and for our federal government to put as much effort into increasing testing as we have around vaccination because that is a really significant missing component of the covid response. >> i couldn't believe how hard to find an at-home test when i came down with a cold. it's expensive to have to get that all the time so it is good news that the biden administration is putting more resources to that but this point one would think they would be more readily available and kids and vaccines. cdc vaccine adviser announced a meeting to discuss vaccine for 5

through 11 on november 2 and 3. why are they waiting a week after the fda reviews the same data? >> that's the same question i have. i think the fda is acting with the appropriate level of urgency scheduling this meeting october 26 which is a tuesday why the cdc as viders could have had the meeting wednesday and thursday and before halloween to see shots going into the arms of kids 5 to 11. i am not sure why they wait another week. i would hope and don't want to cut corners but seems like bureaucratic red tape and i hope the cdc is acting with the appropriate level of urgency, too. >> does the cdc have to wait a week? it doesn't quite square. we are still waiting to hear on booster shots. you received the j&j shot but you said you want a pfizer or

moderna. tell us why. >> i hope that when they review data around moderna and johnson & johnson that they allow a mix and match approach because it is a matter of convenience. if you got moderna two doses and the pharmacy has pfizer you should be able to get that and should be interchangeable and people with the johnson & johnson vaccine and younger women we know that there is an association between the johnson & johnson vaccine and a very rare but extremely rare clotting disease but there's two vaccines that don't cause the side effect and for me e won't get a second shot of the j&j and i hope they look at the mix and match

studies done here in the u.s. and the data from other countries that support this type of mix and match approach. >> all right. thank you so much. have a great weekend. >> you, too. thank you. coming up, documents reveal that then president trump concealed millions of dollars in losses from his name sake hotel here in washington even as he bragged about big profits. 3andme dna reports. 80%. that's 8 out of 10 people who can get something enlightening. something empowering. something that could change everything. info that could give you greater control of your own health, and it's right there in your dna. so, if 80% get genetically meaningful health info, the question is, will you be part of the 80%? do you know what the future holds?

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washington. cnn's brian todd has the story. >> reporter: new information tonight that donald trump's celebrated washington hotel was not the successful venture the former president claimed it was. according to the house oversight committee trump's company reported in financial disclosures that the trump international hotel earned more than $156 million in income between the 2016 opening and last year. but the committee has just released documents saying that the hotel suffered a net loss of more than $70 million in that period. how did they lose so much money? >> the math never made sense why the problem is they couldn't fill the rooms. no shortage of pro trump fans at the bar and embassies and other groups going to the banquet rooms but the guest rooms sounded like they weren't renting. >> reporter: this year in a weekend stay a cnn employee who shot this video and took still pictures observed few guests at the hotel.

hallways elegant but empty. elevators up and down a handful of times. the house oversight committee documents say the trump organization had to funnel more than $24 million from other parts of the company to the committee says its analysis of the financial documents shows the trump hotel received about $3.7 million from foreign governments which the committee says raises concerns about whether trump violated part of the constitution that bans federal office holders from receiving gift, payments, anything of value from foreign officials. >> it calls into question whether trump's dealings with these foreign governments were motivated by the best interest of the united states or his own financial interests. >> the committee says the documents also show that trump received, quote, undisclosed preferential treatment from deutsche bank on a $170 million construction loan for the hotel. just before donald trump was

elected president, the trump international hotel opened touted as a crown jewel in his real estate empire. >> with the notable exception of 16 0 0 pennsylvania avenue avenue, this is the most coveted piece of real estate in washington, d.c. the best location. >> it boasted luxurious suites, it himalayan salt chamber in the spa, foreign officials, business elites, political power brokers l likely trying to curry favor with trump constantly shuttle through the lobby. >> it almost got overwhelming at times how many vips and members of our government that are making headlines are all together in the same place. >> now, sources tell cnn the trump organization has been looking to sell the lease on the hotel for more than a year. >> contacted by cnn, the trump organization issued a written statement saying the allegations made by the house oversight committee are intentionally

misleading, unequivocally false, and irresponsible. the statement also says the committee does not have a fundamental understanding of basic accounting principles, including the difference between gross revenue and net profit. and it says at no time did the organization receive any preferential treatment from any lender. the statement also says that any profits collected during trump's presidency here at the hotel were voluntarily deposited back to the u.s. treasury at the end of every fiscal year. now, as for deutsche bank, cnn contacted them as well. they issued a statement saying the committee has made several inaccurate statements about deutsche bank and its loan agreement. pamela. >> thanks for bringings uses latest on that front. and we are going to have more news just ahead. stay with us.

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well, this sunday, cnn is bringing you an all new season of this is life with lisa ling. the first episode looks at the recent rise in anti-asian hate crimes around the country. >> mr. chang, this is where your car was parked here? >> yes, my car as you can see, black. >> yeah. >> can see, right? black and dirty. see? >> so, when you come out of your house, and you see this? >> i think what happened my car? who do my car? and fire department come in but too late. >> makes you sad? >> yeah, i sad right now. >> so the only cars that burned that night was your car and another asian man's car? >> yes. >> reporter: do you think it may

have to do with the fact that you are asian? >> i don't know. 100%, i don't know who did the car, i don't know. >> that's so sad. >> joining us now is the host of this is life, lisa ling. great to see you, lisa. this premiere episode is a really personal one for you. tell us a little more about what inspired you to explore this issue. >> well, thanks for having me on, pamela. this whole season, we are dedicating to moments and events and stories in american history that didn't make it into the history books. and our first episode is an exploration of the discrimination that asians have faced in this country that goes back more than a century. we isolate. the case of vincent chin who in the 1980s was a chinese man living in detroit, accused of being japanese during the -- an economic downturn that affected the automobile industry. and he was beat to death with a baseball bat by two out-of-work

auto workers and his killers didn't serve a single day in jail or prison. paid a $3,000 fine and several months of probation. but again, it's a look at that in the context of the asian hate that we've been experiencing over the last year and a half. and in a historical sense. >> a bit of a departure for you. what do you hope to reveal to viewers this season? >> well, look, pamela. i have always believed that we cannot move forward, we can't know where we're going unless we've -- we know where we've been. and it's ironic that one of the fiercest debates going on right now in government, local legislatures, in school districts, even in homes is about what history to teach our kids. so i am hoping people will -- will watch the show over the next eight weeks. and -- and learn something because, again, these are stories that didn't make it into our hiktry books. >> i love your show. lisa ling, thank you so much. and be sure to tune in to an all new season of "this is life with lisa ling" premiering sunday night at 10:00 on cnn.

i'm pamela brown. i will see you tomorrow. at this time, on cnn, newsroom. "erin burnett outfront" starts right now. outfront next. president biden rejecting trump's request to keep dozens of documents from the january-6th committee as one of trump's closest confidants thumbs his nose at congress and the law. prus, the parents of brian laundrie have not taken a boly graph test and their attorney refuses to say if they will take one in the future as police describe one of their first interactions with the laundrie family as odd. and a lifelong republican leaves the gop and announces she is joining the democratic party to challenge oklahoma's governor. so what was the final straw? she is my guest. let's go outfront. and good evening, i'm erin burnett. out front tonight, denied. president biden flat-out