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brand new hour, i'm victor blackwell. >> and i'm alisyn camerota. the medical examiner has released the identities of all eight people killed in friday's deadly crowd crush in houston. the oldest victim was just 27 years old. the fbi is now assisting the houston police in a criminal investigation. and we now know the city's police chief spoke with rapper travis scott in the hours just before the tragedy warning about the energy of the crowd. scott just announced that he will pay for all of the funerals. he's also promised to provide free counseling for all affected. authorities and concert goers want to know why he kept performing during the chaos. >> so the official call of a mass casualty event happened at least 30 minutes before the show ended. witnesses say travis scott did stop several times but then

continued. in this clip on social media, two people there at the concert are seen screaming at the staff to stop the show. watch. >> let's do it. ♪ >> stop the show. stop the show. >> we're also learning that a detailed operations plan for the astroworld music festival did not include a specific contingency for a surging crowd incident. cnn's rosa flores is there in houston. first, tell us what the police chief, if we know, discussed with travis scott before the concert. >> reporter: you know, we do. hpd sends out a tweet expressing that, that the meeting was brief and respectful.

here's what he said, he said quote i met with travis scott and his set of security for a few moments prior to the main event. i expressed my concerns regarding public safety and that in my 31 years of law enforcement experience i have never seen a time with more challenges facing citizens of all ages to include a global pandemic and social tensions throughout the nation. i asked travis scott and his team to work with hpd for all events over the weekend, and to be mindful of his team's social media messaging on any unscheduled events. the meeting was brief and respectful and a chance for me to share my public safety concerns as chief of police. again, this is from the chief of police here of the houston police department. he went on to say that all of this is under investigation, alisyn, and victor, it's a criminal investigation involving homicide and narcotics divisions and that it's very early in the investigation. >> rosa, tell us what you have

learned about this very detailed operations plan, meaning they had contingency plans in case something went wrong, and i know that it talked about if god forbid there were an active shooter or extreme weather. did they really not consider a massive crowd surge? >> you know, this is a 56-page report, and it does not include a contingency plan for a surging crowd. as you mentioned, it does mention a few key indicators, and a few key concerns. some of those, a weather event, rioting, civil unrest, a mass casualty event and also an active shooter. what it says about crowds is that the key is for that to be identified early. in another section, it says that the code word smurf was to be used during a mass casualty event because the word dead was not supposed to be used over the

radios. now, it does go on to say, and this is very interesting, given all the lawsuits, both the criminal investigation and also on the civil side, it does give the chain of command of who can stop the concert. and according to this document, there's two individuals who can stop the concert. it's the executive producer and the festival director. those are the only two individuals that are authorized to do that. now, from what we've heard from hpd, at 9:38 p.m. on friday, that's when they declared that a mass casualty event and what authorities have said from the get go is that that's when they went to the promoter to stop the concert, and we know from hpd that that concert was stopped at about 10:10 p.m. so what happened during that gap, it's going to be very interesting to see, and i'm sure part of the investigation. >> i'm sure you know more about the people who were killed at this festival, what can you tell us?

>> reporter: you know, we're learning more about their stories and also their names. here are their names. now, we have all eight of them. 23-year-old from laredo. 21-year-old franco petino from illinois. 20-year-old jacob jurimak from illinois. 16-year-old brianna rodriguez from houston. john hilgert, 14 years of age, 27-year-old mirza vake. >> 23-year-old madison dubinski. and 21-year-old axel acosta avilla. and alisyn, and victor, we know from hpd, and from the officials here in the city of houston and the county of harris that they continue to say that one of the reasons why it is so important for them to do a thorough investigation is to give all of those families answers as to what happened here, what went so

wrong. alisyn, victor. >> rosa flores, thank you very much for all of that. paul wois founder of management strategies who investigating the w.h.o. concert in cincinnati where 11 people were killed. i had always thought after that who concert, after eleven kids were killed, i thought that they changed the laws and that they banned so called festival seating where you don't get an assigned seat, and it's just sort of a mad dash to get as close as you can to the stage. i guess i'm wrong. >>. >> yes, a few cincinnati bans, but festival city never stopped. they changed the name to general admission. it never stopped occurring, and then of course, it really picked up in the late 1980s and the '90s during the grunge period

and it's just gone on. so lucrative, so beneficials to organizers and venues that they couldn't help themselves, even though there are stands that now exist to make festival seating reasonably safe, they certainly were ignored in this case as they are often in any other situation. and i want to mention a couple of things i heard. did the police chief warn the artist about the dangers of the crowd and his concern, did he go to the promoter and say, we need something -- we need exits. or did he just go to the -- which is a good thing to do, don't get me wrong, but knowing there was danger, who else can he go to. did he go to the people who were

in charge of the crowd. >> paul, unfortunately we're having some audio issues where it's difficult to understand what you're saying. is there a way we can fix this, and then come back to paul. this is what we'll try to do. we'll try to fix this audio issue. this is crucial information. we'll take a break and come back with paul. one year from the midterm elections and a new cnn poll, which we'll get to in a moment. we'll tell you how the majority of americans say the president is focusing on the wrong issues. as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique. that's why they customize your car iurance, so you only pay for what you need. oh, yeah. that's the spot. only pay forhat you need. ♪ liberty, liberty, libey, liberty ♪

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ten months into his presidency, and a brand new cnn poll reveals new lows for president biden's polling numbers. >> so the majority of americans disapprove of his job performance. many believe he's focuses on the wrong issues. this poll was conducted before congress passed his bipartisan infrastructure bill. let's bring in david chalian, cnn's political director. david, hello to you, first talk to us about the numbers and what they tell us. >> yeah, victor, there does seem to be a disconnect between how the american people are perceiving their priorities to be and where the biden administration is keeping their focus at the moment. take a look here. 58% of americans in this brand new cnn poll, conducted by ssrs say that biden has the right priorities. only 42% say he does.

58%, nearly six in ten says he does not. i want to look at this by party and over time. 75% of democrats say he has the right priorities, but that's down 15 percentage points from april among democrats, his base. look here in the middle of independence. he's down 16 percentage points from 52% in april who said he had the right priorities, to only 36% of independents, obviously republicans, never thought that he had the right priorities here, he's losing the middle and losing a little bit of his base on this too. >> david, what do americans think are the biggest issues he should be focused on right now? >> i think this is actually a really important question in this poll, alisyn. take a look here. it is the economy. we saw this in that election in virginia last week, and in new jersey. 36% of americans say the economy is the most important compared to 20% who say coronavirus. that's now the second issue you see here. immigration, climate change, and the rest of the issues. this is coronavirus receding as the top issue, and look here by

party. this is sorts of our mars, venus moment in this country. 51% of republicans say the economy is the top issue. for democrats, coronavirus is still the top issue. 34% say, so 20% say the economy. look at this number here, only 4% of republicans think that coronavirus is the top issue. and so if you're a coronavirus voter or an economy voter, it differs how you see those. 72% say biden has the wrong priorities. if you believe coronavirus is the major issue, 79%, eight out of ten coronavirus voters think joe biden has the right priorities. this makes a very tricky needle that the president needs to thread. >> it certainly does. these are the numbers on the issues. what have you learned about the view of his overall rating, his job performance? >> yeah, as you noted at the top, victor, he's upside down, where you're away from the critical midterm elections one

year from today, and a majority, 52% disa prove of the way joe biden is handling his job, 48% approve, take a look at this in terms of intensity. this is really key. 36% disapprove strongly, compared to 15% who approve strongly. intensity is on the side of those who disapprove of joe biden's performance and an intensity is a point of the realm in politics, and then of course always important to put it in context, where does joe biden stand up against his modern day predecessors, at this point in his presidency, he's at the 48% approval. bill clinton was, reagan was, obama was a little bit higher. only donald trump fwas lower thn joe biden at 36% at this point in his presidency, guys. >> very interesting context. david chalian, thank you for laying all of that out. >> sure. >> kyrsten powers is cnn political commentator, and usa

today columnist and an author of the new book "saving grace speaking your truth stay centered and learn to coexist with people who drive you nuts," we can't wait to talk with you about that. great to see you. >> great to see you. >> the lowest issue that people are concerned about according to our poll, and by the way, democrats are more concerned about this than republicans, is education. only 2% of republicans say that's their biggest issue. that's basically what so many glenn youngkin and other republicans made so much hay out of, you know,s curriculum at schools, and what's going on at school board meetings. i'm surprised to see it so low there. >> that is surprising, but i do wonder if for some people they don't put coronavirus and education together, right, some people who are frustrated about that may think of them as the same thing. i would say certainly say it's true that in virginia that was an issue.

and there is a lot of frustration typically, we are seeing the lo of frustration with people about school closings, and those kinds of things, but that doesn't mean it's the top issue. and so i think what is concerning, certainly for the biden administration, is that the economy is such a concern to so many americans when the economy is doing really well. >> maybe they mean inflation. >> but overall, most of the markers of an economy, you know, doing well are up. stock market is doing well, you know, jobs are up. those are the things that were feeling sort of day-to-day, and i don't think that at this point we're experiencing such out of control inflation that people, you know, would be so disapproving of the economy. i think that joe biden needs to talk about this nonstop, and needs to talk about it the way, you know, a ronald reagan would

have talked about it or a donald trump would have talked about it of how great the economy is doing. because i don't think that message is getting through, and i think that -- and the fact that the rescue plan, you know, played a key role in that. >> yeah. of course this poll was conducted before the passage of the infrastructure bill. and we heard from virginia senator, former governor, mark warner that, had that passed before the elections on tuesday, that would have helped in virginia. let's listen. >> i think if we could have talking about that win and showing the kind of job creation that actually has been takes place, things might have been different. >> different in that you think terry mcauliffe could have pulled off a win? >> absolutely. absolutely. i mean, this was a -- you know, the voters of virginia, and the voters of america gave us the presidency, the senate, and the house. they expected us to produce. >> now, we don't know if that

would have helped the president's poll numbers, but do you think passage would have helped or put terry mcauliffe ro across the line? >> it wouldn't have hurt, right, for that to have happened. i'm not sure that it would have been enough to put him over the line. the party out of power typically isn't going to be successful in these races, and so i think that -- i think that he, you know, he was dealing with a lot of local cultural issues that republicans were very good at ginning up and i think that madeplayed a much bigger role than anything going on in washington. of course, you know, it wouldn't have hurt him for that to happen, and it potentially could have helped him. it doesn't seem to be what the average virginia voter was focusing on. >> kyrsten, let's talk about your book, saving grace, how to stay centered and learn to coexist with people who drive you nuts. what is your secret for doing that.

as thanksgiving approaches and people are going to be around, perhaps relatives, neighbors, whatever, who they feel so dposd to. what's the secret? >> for me, the secret has been trying to develop grace for other people, and that's really giving people space to not be you is one way to think about it. and to see people as more than just the thing that they're saying or doing that is upsetting to you. and there are a lot of tools in the book. obviously there's not enough time to get into all of them, but instead of demonizing people or, you know, yelling at people or telling them how terrible they are, which surprise, surprise, doesn't actually change anybody's mind, maybe use boundaries instead, you know, maybe set up some boundaries around what's going to be discussed at dinner. maybe you're going to say, may, why don't we not try to solve the world's problems at thanksgiving dinner or i would like to talk to these things,

can we set up boundaries, we'll use curiosity, ask questions. there are things we can do, i think, that sort of create a little space, and look at the other person and say, you're more than who you voted for. you're more than the thing you're saying that's upsetting to me, and i'm going to see you as a whole person, and engage with you that way. i'm not going to take on all of your beliefs. >> i think that's an important thing to remember. give people the space not to be you. >> i do too. >> it's hard. >> it is hard sometimes. >> i do like the idea of boundaries at the holidays or whatever, any party. i think that's really great. again, the book is saving grace, congratulations, sounds great, and we will be reading it immediately. thank you, kyrsten. >> thank you. back now to the deadly music festival in houston. turns out crowd control has been an issue at travis scott's concerts in the past. in his 2019 netflix documentary, a member of scott's team warned security guards about the

anticipated rowdy fans ahead of one of his shows. that person in the documentary said you will see a lot of crowd surfers in general and a lot of kids just trying to get to safety because they can't breathe it's so compact. >> paul is back with us, he investigated the deadly who concert in cincinnati in which crowd goers were killed. i want to hear your suggestions. as i have been telling victor, this really hits home with me because one year almost exactly before that who concert, i went to my first concert ever, an air row smith concert at the spectrum. there was a crowd surge, and we were compressed against the glass doors of the speck truck for about an hour, people passed out around me, and that night i thought i was going to be killed, and i totally identify with what happened here at this travis scott thing, and because

i lived through it, i know that i could see a security guard but my entire body was being compressed and i couldn't breathe and i couldn't get to the security guard. once this happens, the crowd surge of 50,000 people, what are security guards supposed to do. how are you supposed to start saving people who are passing out in the crowd? what you're supposed to do is not let it go to that point. that's what you're supposed to do. not try heroic heroic efforts a last minute to save lives. it's in the planning and the risk assessment where you designed your event so this doesn't occur or you're prepared for it if it is. as i was saying before, it was a very positive move for the police chief to speak to the artist about trying to keep the crowd calm, but my question is did the police chief knowing

that the crowd was tumultuous, and looking dangerous, did he then go to the promoter, and say, we need special monitor, extra monitoring, and you may want to move more of your 750 security guards closer to the crowd, including the emergency medical, in case something happened, or did he just focus on the artist. and your story, back from the pre-who is the story that continues to this day. the industry knows this. the damages of crowd surge, crowd crush. but it forces, you pointed out earlier, it doesn't even really appear in what is the equivalent of the astro world's crowd management plan. there's no reference to crowd surge, crowd crush, crowd panic, there's no reference to the front of the stage and festival seating crowd. and therefore, there's no

specific emergency planning for a mass casualty crowd crush event. look, mass casualties is a generic term. it could include fires, structural collapse, drug overdoses. you need a specific to deal with crowd crushing situation, and there's nothing in the report, no reference to that. it's mostly a boilerplate report, but what there is reference to is some type of risk assessment plan that was developed. we need to see that risk assessment plan because it's there that it should have been outlined, the history of travis scott, the history and profile of the audience he attracts and how those dangers that are produced by those two groups will be mitigated or prevented

through proper crowd management. the police chief going around talking about how terrible travis scott is today shouldn't be news to them. if they didn't know it when they were planning the event, then it was a reckless disregard for the safety of the crowd. >> paul, in this report, and we heard this from rosa flores, this 56-page plan, there's this moment where, you know, there's a casualty, mass casualty event that's declared. the performance goes on for 30 minutes more. and rosa reports that only the festival director and the executive director can stop the show. i'm surprised that there's not a safety official who can step up or someone in close proximity to the stage who knows what's going on who can't come up and say, this is it, we've now got people who are potentially losing their lives in this crowd. >> you're absolutely right to

recognize that. the fact is the people, the agency's responsible for the safety and welfare of houston are fire and police, and any of those agencies had the power to stop that show. they don't need approval of some promotors, a coordinator, or the artist, they can pull the fplug on that show, and they can do it with the cooperation of the artist, where he and the promoter and everyone else can be arrested. the fact that the responsibility is shifted to private parties is an error and a false flag of the powers that city officials have. >> well, i'm so glad we got this audio issue figured out because you have certainly given us an education on what should happen. again, the investigation continues into potentially what went wrong here, and i'm glad

you were with us to kind of walk us through the investigation up to this point. >> can you give me one minute to say something else. you talked about an investigation and the public's right to have a proper investigation. they're not going to get one here. you need a parallel independent investigation going on along with the police. i believe the police have shown prejudice towards the promoter, and i believe that travis scott is being set up as a scapegoat. i'm not excusing what he did. i think he had a role. but he didn't have the other role. he didn't have the only role. thank you! all right. we'll continue to have this conversation and bring you back. paul, thank you so much. >> my pleasure. a survivor of the kyle rittenhouse shooting takes the witness stand and tells his side of the night of chaos and gunfire. we are live at the courthouse. that's coming up next.

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we are now taking you to the white house where president biden is hosting the 2021 nba champion, the milwaukee bucs. >> mark and wes and jamie, and mark and two dear friends, ted and mary kelner. you won't believe it, but they're both responsible for my being here. not a joke. excuse the point of personal privilege, in 1972 i was a 29-year-old kid decided i was going to run for the united states senate. had to be 30 to be senator for real. i got elected, i had to wait 17 days to be eligible, and right at the very end, my sister managed my campaign, and my brother raised the money, he was 25.

my sister, she used to be three years younger, she's now 20 years younger. we were doing well, we were catching up. no one expected us to have any shot at all, and evidently was moving, after catching up, after being down 56 to 28 at one point. and we run out of money, and all of a sudden they got a phone call on tuesday saying that we don't have any money to keep any of our ads on tv or radio. and so i didn't know what to do, and i call from a guy named ted kelner, come out to greenville, we want to help you out. financed the end of my campaign, they were my friends before, and i'm indebted to them now. thank you both, ted and mary. thank you. now that i've ruined your reputation. and while he couldn't be here today, i want to congratulation the team's previous owner, herb

cole, one of the finest guys i have served with, a man of significant honor, and folks, congratulations to the staff and to the fans, and everyone here. to celebrate including the second gentleman, where are you doug, he's a basketball fan. he's the second gentleman, a first rate lawyer, and now the second gentleman, and i don't know where he has more power. most of all, congratulations to all the players. now, i know you've got final, you know, you've gotten in the finals, the mvp player here, and i'd like to talk about it for just a minute. you know, we also got someone who earned the award that is just as important in my book. daunte, i'm honored to be with him today, today, because in 2015, he was a delaware high school boy's basketball player

of the year. he grew up in newark, delaware, attended a high school. two competing high schools, kath l -- catholic high schools, they beat us all the time. still the second highest scorer in football, anyway, i don't know, man, daunte, i still like you in spite of that fact, and so, and he won two state championships there, so he's used to championships. he started in villanova, and the bi bidens are a supportive family, specifically my wife jill. she calls herself a philly girl. she takes it up a nochl. she knows a lot about the sport, and never forgives anybody if they lose. we went on to delaware, she went to villanova grad school and i went to syracuse law school. 2016 we went to the final four to watch our teams play, and i

watched daunte win his first of his two national titles at nova. daunte, we're all so proud of you back home, but i still like syracuse, and to all of the players, that's what you represent for so many people. pride. pride and decency. just look at the enduring images during the finals. thousands of fans, the herb cole way. you know, you represented yourselves and your families, your organizations and a great american city by staying true to who you are. you did the work in the off season, and during the grueling regular season. the playoffs down 0-2 against brooklyn, and then to make it just to keep the owners and your coach and constant perspiring, you, on the finals, you're down 0-2 in phoenix. it was amazing how you came

back. always believed coach bud got them to play as a team. you know, yannis, 50 points. 50 points. >> you have been listening there to president biden with the nba, milwaukee bucs, and he certainly sounds very happy there. >> the story is the compliment. >> a lot of stories, that seemed to be a high point of his day, amid all of the legislative wrangling. let's turn now to the trial against kyle rittenhouse. he's the armed teenager, charged with killing two people, injuring another during a protest last summer in kenosha, wisconsin. on the stand today, the lone survivor shot by rittenhouse. >> shimon prokupecz has been following this story for us. what have we learned today? >> reporter: each day there's testimony, one of the things the defense attorney tries to do,

this is a self-defense case, so they try to poke holes to show that kyle rittenhouse was somehow threatened, afraid for his life, and that's why he had to use his weapon, and that was probably better displayed today than any other day. as you said, the lone survivor testifying about what happened that day. under cross-examination, the defense attorneys got him to essentially admit that the gun he possessed was pointed at kyle rittenhouse at some point. he also talked about the moments leading up to the shooting, and how he ran towards the gunfire. here's more of what he said. >> i wouldn't say there was more people joining, but more people were then pointing out the defendant, saying that he had just shot somebody, that he's trying to get away. get him, things of that nature, and so again, further inferencing from the things i heard and experienced, witnessed earlier in the night, i thought

that the defendant was an active shooter. >> when you were standing 3 to 5 feet from him with your arms up in the air, he never fired, right? >> correct. >> it wasn't until you pointed your gun at him, advance d on him, now your hand is down, pointed at him, that he fired, right? >> correct. >> and even at one point, under further cross-examination, they got the witness to get off the stand, prosecutors did, and he showed the jury how he was holding his cell phone, and then how he was holding his gun, and even then admitting that the gun was pointed at kyle rittenhouse as he was on the ground with his firearm pointed at the witness. so this is a big moment certainly for the defense that has been arguing that this is a self-defense case. a lot of it is going to boil down perhaps to perception, who perceived what and how were they threatened, and that is why likely in the next day or so,

few days, i should say, that we're going to hear from the defendant at some point, certainly the attorneys. his attorneys have said that the jury should expect to hear from him, and that could come within the next couple of days. >> really interesting developments. shimon prokupecz, thank you. okay, now to this breaking ne news, the january 6th committee has issued six new subpoenas. >> ryan noble joins us, what are you learning. >> reporter: these are significant names, six names that have been issued subpoenas by the january 6th select committee. all of them have close ties to the former president donald trump. among them, the former president's last campaign manager in his 2020 campaign, bill stepien, jason miller who is of course one of his prominent spokes people, someone who served as a spokesperson for him after he left the white house but also served as a key adviser during the 2020 campaign. angela mccollum who during the campaign served as a national executive assistant and the select committee says they're

interested in some of the communication that she had after the election with some local election officials, attempting to pedal this false information about the 2020 election results. john eastman, this of course the lawyer who wrote a memo outlining a very sketchy legal strategy that he attempted to use and present to former president donald trump and the vice president mike pence to get them to try and overturn the election results on january 6th. of course eastman part of the crew of people involved in the war room on january 6th and the days leading up to january 6th. another key name, michael flynn, the former national security adviser of the trump white house who was only in that position for a short period of time before being forced to leave because of interactions that he had had with foreign leaders prior to taking on the role of national security adviser. then at one point pled guilty to charges in federal court only to be pardoned by the former

president later. flynn of course one of the big proponents of the big lie across the country. the select committee would like to talk to him. and finally, bernard kerrick, a close associate of new york city mayor rudy giuliani, and someone that is also of course a big backer of the former president. he too involved in pedaling false information about the 2020 election and involved in the war room planning at the willard hotel on january 6th. so each one of these individuals has been asked to turn over documents. all of them asked to turn over documents by the end of november, in fact, before thanksgiving. and then they are all also scheduled for depositions. some at the end of november, some for the early part of december. of course, we have seen victor, and alisyn, especially with the subpoena targets that it hasn't been an easy process. so far one subpoena target has actually come before the committee for a formal deposition. that was of course jeffrey clark on friday. he came into the room, and told them he wasn't answering any questions and left.

so we'll have to see especially because this group is so closely tied with the former president, just how cooperative they will be in answering these subpoenas. that of course an open question as the committee continues to press the group of subpoena targets they have already issued to, including steve bannon, who right now is facing a criminal contempt referral that is in front of the department of justice right now. but this is significant news, six names, very closely associated with the former president have been subpoenaed by the january 6th committee, the committee looking for information about the role they played in the events leading up to the violence and chaos here on january 6th. victor and alisyn. >> ryan, some of these names were expected, as you said, john eastman, of course writing the memo, bill stepien because of his connection to the campaign. we know they are backers of the big lie, hearing, bernie kerrick's name, and angela mccollum as well.

is it clear specifically what they are looking for from bernie kerrick, some of the names we don't typically hear as we cover this. >> in the release the committee issued, day did provide little snapshots of what exactly they want to ask of both kerrick, mccollum, and others about their role leading up to that day. kerrick, one omf the things the committee is trying to nail down is a level of coordination between people that participated in the rally, and then the group of people that actually came and stormed the capitol on that day. that's part of one of the things they're trying to uncover. the war room, the group of people, eastman was a part of it that were at the willard hotel that day. who were they talking to, they also want to follow the money trail, who was raising the money, where did the money come from, and then who was it distributed to, and did that play any sort of role in what happened here on january 6th. there's also a lot of questions that they want to ask of this particular group about what they were doing to sow doubt in the

election results in between when the election took place in november, and then january 6th. how much were they out there in the public firing people up with misinformation that would motivate them to then come to the capitol or come to washington on that day and take the action and take some of the responsibility or attempt to try and intervene as to what was happening here on january 6th when the results of the election were being certified. those are all questions that they have, they're certainly attempting to connect the dots. what's interesting about this group, we have seen those in and around the white house that were being subpoenaed that day, this was now the group that was working outside the white house, working with the president in the days leading up to the election, and then during that period of time after the election and before january 6th and again, it's about connecting those dots. how closely were they all talking and coordinating, and what role did that play in what was, you know, promoted as a

peaceful rally on the ellipse outsides white house that quickly devolved into an insurrection on capitol hill. >> ryan nobles with the breaking news there on capitol hill. we will continue to follow this. quick break, and we'll be right back. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? yes, please! neuriva. think bigger. people, with quickbooks live someone else will do your books for you. they'll even pair you with an expert bookkeeper like me, who knows your business. knows... your... business! expert bookkeepers who understand your business. intuit quickbooks live bookkeeping. to make progress, we must keep taking steps forward.

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your reaction to this list, these six. >> the committee is really now focusing on the root of january 6th, which is the big lie itself. the thing that unites these six potential witnesses is that they were all part of spreading the big lie, of coming up with it and really of putting it into effect. one thing that jumps out to me is john eastman. john eastman is the attorney who drafted up this memo explaining how trump should try to maneuver within the law, or i would argue outside the law to steal this election. that seems to be where the january 6th committee is really aiming. >> some of these folks, i'm thinking of michael flynn, some of the other names, are not known as the most cooperative. what happens if they don't show up? >> these are people very close.

michael flynn and bernard carrick received pardons. this is a group that's going to be loyal to trump, ready to put up a fight with the committee. if that happens, the committee needs to be ready to act quickly to go down the same road we've seen with steve bannon and jeffrey clark. vote for contempt in the committee. send it to the full house and over to the justice department for a potential criminal prosecution for contempt of congress. >> it's been 2 1/2 weeks since the bannon referral went over and still we've not heard from ag garland. so would you have expected to hear something there and what does this portend for any actions these people do not take. >> merrick garland seems to be taking his time. this does not seem to be a complex fraud case where you'd need months and months. i'm wondering what's taking merrick garland has long.

what he does with bannon will set the tone. if merrick garland does not prosecute steve bannon, all the new witnesses, the six new ones, they'll have no deterrent and will see it as a free-for-all. there's a lot riding on what merrick glarnd decides to do. >> does this put pressure on garland? he said he'll make an independent decision. the fact the select committee is moving forward with subpoenas does put pressure on him? >> it has to. it's going to give him more and more decisions to make but also shows us the decision he's going to make on steve bannon is about much more than just will steve bannon be prosecuted. so i know merrick garland, it's his standard talking point. facts and law, he's got to be aware what's happening out there in the real world and what the stakes are. >> elie honig, thank you. pfizer will seek emergency use authorization for covid beefrt shot for people 18 and older as soon as this week. >> a biden administration

official said the fda request could be pushed back but it's still a major step forward in making the extra shot available for all adults in the u.s. as we head into winter. joining me now, medical analyst dr. leana wen, the former health commissioner for the city of baltimore. dr. wen, great to see you. more than 24 million fully vaccinated people have already received a booster. so tell us what the significance of this announcement from pfizer is. >> i think at some point everyone is going to need a booster. we are learning that immunity for the vaccines do wane over time. thankfully there's pretty good protection against severe disease. even the protection against severe disease also appears to wane. so people who are older with chronic medical conditions should get their booster now if they haven't already, although at some point we'll see the pfizer and moderna vaccines are at least three-dose vaccines and that means people will need to get that third dose.

>> just six weeks ago the fda advisory committee rejected the yet of people 18 and over needing a booster. they went for a narrower demographic. what's changed since then? >> we are seeing new data emerge, including more data out of israel that's much ahead of us when it comes to data collection and when it comes to boosters. and the data that we're seeing includes that the immunity wanes and also that a third dose provides that additional protection. i think it's reasonable for the fda and cdc to start with those who are particularly high risk, who are older, have underlying medical conditions that make them more susceptible to severe outcomes from covid-19. if you're 18 and older and you deem yourself to be at high risk because of occupation or underlying medical conditions you can get a booster now. i think it makes sense for the fda and cdc to revise the recommendations based on this emerging new data and at some point recommend that everyone needs a booster.

that would be a good idea to do especially before the holidays. >> basically if you're walking in to a cvs right now can you just say i need a booster? is it super easy? >> yes, it is because right now there is self-attestation. people who will get the johnson & johnson vaccine, definitely get a booster at this time. >> dr. leana wen, thank you. thank you for being with us this afternoon. "the lead" with jake tapper starts after a short break. as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪

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the missed warning signs are piling up after the tragedy in houston. "the lead" starts right now. breaking today, the first lawsuit filed after fans were crushed and trampled and eight killed at a concert in houston. one survivor saying they were thrown into a ball of violence. how do we make sure this doesn't happen again? and a new low for president biden's approval rating in a new cnn poll. what americans say he's not focusing on enough. plus, everyone from big bird to first lady jill biden out working hard to get america's kids vaccina