and they're expected to grant that to pfizer's vaccine, making boosters available for all adults 18 and older sometime later this week throughout the country. they are available in some places already. that's tonight's "last word". "the 11th hour with brian williams" starts right now. good evening once again. day 302 of the biden administration. there's no doubt about how steve bannon's response is going to go to those contempt of congress charges. he's vowed to take on the justice department and the white house. this afternoon, he pleaded not guilty to charges stemming from his defiance of a subpoena from the 1/6 committee. he was supposed to appear in court tomorrow, but today he waved his right to an arraignment. in an email to cnbc, his lawyer

said we felt there's no reason to make the court go through the formality of an arraignment. that the move would help make the process more efficient. this was also the day the 1/6 rioter known as the qanon shaman, jacob chansley, was sentenced to almost 3 1/2 years in prison. images of a shirtless, heavily inked, headdress wearing chansley presiding over the u.s. senate came to symbolize the assault and desecration of our capitol in all the worst ways. in court today, chansley made a lengthy appeal to the judge. he quoted jesus, gandhi, and justice clarence thomas. he also apologized for his role in attacking the capitol. and the house making the rare step of rebuking one of its members.

today, it was republican congressman and active conspiracy theorist paul gosar for posting a video. >> our work here matters. our example matters. there is meaning in our service. and as leaders, in this country, when we incite violence, with depictions against our colleagues, that trickles down into violence in this country. >> we know where the glorification and promotion of violence leads. we've seen it this year and previous years. piercing tweets become sharp knives. fiery words bring out deadly firearms and cartoon killing begets real life bloodshed.

>> and what scares me the most is the attack we've seen on the first amendment from the democrat party. they're attacking moms and then censoring speech. >> the vote was 223-207, all the democrats and just two republicans, liz cheney and adam kinzinger, both of whom serve on the 1/6 committee. gosar lost his seats on two committees. like marjorie taylor greene, he now has an office and a vote, and that's it. about an hour after the vote, gosar re-posted a message containing the offending video. his siblings say the man is not fit for office. and just today, one of his brothers told nicolle wallace that congress should go even

further. >> he's somebody that literally needs to be censured and expelled, and i can't say that enough. paul is one of trump's fascist foot soldiers. he has no business being in congress. >> thanksgiving ought to be interesting. kevin mccarthy has come under fire for not taking any action against gosar. >> why is he silent when the man is threatening to kill another member of this body, and threatening the president of the united states of america. if yours truly had put out something like that, do you think for one moment that my democratic colleagues would not take action against me? they would do it and they should do it. >> the man has a point there. as all the drama unfolded back in washington, the president was in detroit promoting his infrastructure bill for a second

day. visited the gm plant where they're assembling the new all-electric hummer pickup. pushing his plan for expanding the safety net, and he took a thrilling victory lap in the hummer. the house is scheduled to begin debating on the build back better bill tomorrow. today, biden asked the federal trade commission to look at whether oil and gas companies may be involved in illegal practices aimed at keeping gas prices high. and in wisconsin, the jury in the kyle rittenhouse trial has been sent home, no verdict yet. his defense lawyers made a second motion for a mistrial, this time over the quality of video evidence the jury was allowed to see. the first motion concerned the prosecution's questioning of rittenhouse. and the judge has yet to rule on

either matter. we bring in our starting lineup, robert costa, and also back with us, professor melissa murray, of nyu law school. good evening, and welcome to the three of you. professor, i would like to begin with you. with this legal term of art we used at the top of the broadcast tonight. what is -- how common is it to waive an arraignment, knowing bannon as we do, what should we take away from this? >> it's not common to waive an arraignment. typically, the person who has been charged will hear the charges against him in open court for the arraignment. the fact that he chose not to do so in this case, and that his lawyer weighed in by email to say it was merely to make this

more efficient, suggests that perhaps he doesn't quite take this as seriously as everyone else seems to be taking it. so it is an unorthodox step, one that most defendants do not take. but there's nothing that has been by the book about this to begin with. >> indeed. nothing orthodox about mr. bannon's behavior throughout. robert, what is the calculation exactly to those on the trump team who say in the face of a subpoena from congress, i'm good, i'm going to let this play out. >> it is a waiting game for bannon and others in trump's orbit. they're waiting to see whether this gets to the supreme court. and there's an expectation that ultimately, through appeals, this question of privilege and executive privilege will get to the high court. and they'll decide, and they're going to hope that justice kavanaugh and others on the

court rule in favor of protecting a former president's privilege. even when he's talking to someone like steve bannon who was out of the white house for years when he spoke to president trump in december of 2020, january of 2021. >> ashley parker, watching the speechers and the run-up to the censure vote today, in my view, will make you feel sad for your country. whichever side of this you're on. it certainly was a display. and it certainly only deepened the divisions in congress. a congress, i note, joe biden needs in all ways. so how is the white house watching all of this? >> well, it also undercuts in many ways president biden's, one of his key campaign arguments and promises that if he was just to simply get elected, he, joe biden, a deal maker, a creature of the senate, bipartisanship

would return to the body. and that he could prove that congress could work, washington could work, and could govern. in some ways, he has. he just signed into law his $1.2 trillion infrastructure package on monday. but when you look at a congress like that. it wasn't just the censure vote, and of course the video that prompted it, but the speeches were so politicized, so partisan, you really just see there's very little room for joe biden to work with a congress like that. one final thing worth noting. all of the republican reluctance to censure or even just criticize congressman gosar for the video, they're very willing and eager to try to have a debate about punishing the 13 republicans who voted for joe biden's bipartisan infrastructure bill, when former

president donald trump was trying to get infrastructure done for all four years of his presidency. >> professor, as someone as familiar with the federal judiciary as you are, and especially with the federal bench as our public backstop, how do you see the attempt to in so many ways normalize political violence in the united states? >> i think it's something that the federal branch, indeed all facets of government should be concerned about. we've seen violence being meted out, we saw a few years ago, a judge in new jersey whose family members were gunned down by someone who felt that feminism had gone too far.

we remembered in that person's files were some files on justice sotomayor herself. this not only reflects the coarsening of our political violence, but will have consequences on the ground. >> robert, we're going to put up a bit of writing from "the wall street journal." it has to do with some of the political threats made today on the floor of the house of representatives. if we have that quote, there it is. democrats' actions threaten to set off a new round of escalating partisan punishment any time the majority changes hands. that's a direct pull quote from congressman cole, republican of oklahoma. cole backed sending the case to the ethics committee, and said it should be his own party leadership that decides what

should happen to mr. gosar. though we have seen the lack of reaction from mr. mccarthy. how much is payback, retribution, going to be the coin of the realm, if control of this house flips during the midterms? >> there is certainly concern among democrats on capitol hill that there will be some kind of retribution in 2023, should republicans win the house majority in 2022. but that being said, the one democrat who really matters here in this discussion, speaker nancy pelosi, she said in declarative language today that despite all of those concerns about what could be on the horizon, she frames this moment, with congressman gosar, as an emergency. she's deeply alarmed about his rhetoric, his comments about the prospect of violence in congress. you look at what happened over in the united kingdom.

violence is on the rise here in the u.s. and around the world toward elected officials. pelosi said action had to be taken. and most democrats, even though they are calculating what this could mean down the road, they stayed with her on this. because they believe they have to make a statement, despite any kind of political consequence. >> ashley, lyndon johnson always thought it was great fun to take guests at his texas ranch for a ride in his compact car, and head at full speed into lake lbj. his guests unaware that it was an amphibious car. that is to say, presidents in the modern era have few opportunities to have fun. joe biden, a self-described car guy, had a little fun behind the wheel of that new hummer kind of suv pickup truck that gm is producing. 0 to 60 in three seconds is a

lot like becoming president, i suppose. it gets your attention, slams you back into your seat. and you come to a stop and reality is waiting for you next to the vehicle. you were with him yesterday in new hampshire. how aware does the traveling white house seem of what americans are paying for gas, and goods, or how many christmas presents are going to be offshore and not in shores and in american homes? >> the white house is deeply aware of all the challenges, the economic challenges, and the covid challenges that americans are facing. and they care about it for two reasons. number one, because joe biden very clearly said these are the people he was elected to help and lift up. and number two, because it's hurting him politically, it's

hurting his poll numbers. his not polling particularly well, but his policies are far more popular than the man is. that's why he was on that crumbling bridge in new hampshire yesterday. and that's why he was in detroit today at the gm factory, trying to talk about not just was it enough to pass this bipartisan infrastructure bill, now he has to sell it and tell americans how it will improve gas prices and their lives. how that will improve their bank account. messaging is something they've gotten wrong. but going back to that hummer, he did a fine job in new hampshire. i watched him today in detroit, he was much more animated, much more enthusiastic. looks like he's picked up some of the energy from the car ride and put it into his speech. >> as long as there can be a car

available at each presidential event, he's good. and something i just saw in the news tonight, thurgood marshall was once the head of the naacp legal defense fund. i note tonight that sherrilyn ifyll is stepping down from that post. how much do law students know about how important a role that has had in american jurisprudence over the years? >> at nyu, they certainly know, because she's one of our alumna, and she's been a fantastic leader of the ldf. i was an intern there when i was a law student, and countless others. they've worked for racial justice and voting rights, founded by thurgood marshall.

absolutely instrumental in brown versus board of education. and it has been on the front lines of countless other cases. her work has brought the organization into the 21st century, it's been pivotal in fighting back against the trump administration over the last four years, and functioning as a private department of justice at a time when the trump administration was not doing quite a lot on civil rights. her legacy there is enormous. and we're incredibly proud of her at nyu, and we look forward to what is to come to her successor. >> thank you for the answer. our thanks in fact to our starting line tonight, ashley, robert, and melissa. friends of this broadcast all, with our thanks. coming up, the house

punishes one member. but when only two republicans across the aisle to vote to reprimand paul gosar, you know this isn't about right and wrong. our political experts standing by to talk about what happened today. and later, tonight, why more states are going rogue. taking matters, and booster shots, into their own hands and arms. all of that, as "the 11th hour" is just getting under way, in view of the washington monument, on this wednesday night. dnesday. 'e for unauthorized purchases on your discover card.

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the house will be in order. will representative gosar present himself in the well. by its adoption of the resolution, the house is resolved that representative paul gosar of arizona is to be censured. >> a powerful condemnation by democrats today for republican congressman paul gosar of arizona. he's been unapologetic about the video depicting him killing aoc and attacking the president of the united states. >> disguising death threats against a member of congress and a president of the united states in an animated video does not make those death threats any less real or less serious.

this makes them potentially more dangerous by normalizing violence. >> what is so hard? what is so hard about saying that this is wrong. this is not about me. this is not about representative gosar. but this is about what we are willing to accept. >> let's talk about this day with eugene robinson, and mike murphy. guys, welcome to you both. it's great to have you. mike, we're going to do multiple choice. two republicans cross over to vote for censure for a man so unapologetic, he retweets the

offending video after the vote. is that, "a," a pathetic showing by the republican a party, or is it, "b," a profile in courage by two republicans. >> i'm tempted to say, well, "c," all of the above. i'm proud of the two people who voted to censure him. i've hit a little outrage fatigue myself, he took a japanese swordfighting cartoon and pasted some heads on it. the fundamental issue is, it was violence. we're at a time where democratic norms are under attack. so you ought to have a hair trigger. the fact is, gosar has had a whole career of stupid things like this, including sketchy views on the january 6th insurrection. so, yeah, i wish 100 republicans

voted to censure him. he richly deserved it. but i'd like to move on now, and not have the fund-raising outrage machine crank up on both sides. >> i would only add, let's not paint with a broad brush. an iq of 30 has stood some of us very well in life. eugene, i'm going to play some of what we heard from the republicans in the house for your entertainment pleasure. we'll discuss on the other side. >> if i must join alexander hamilton, the first person attempted to be censured by this house, so be it. it is done. >> what are they doing today? censuring a member for a cartoon. you got to be kidding me. >> when there was violence against us, it was no condemnation. >> today, we're critiquing paul gosar's anime. next week, we may be indicting wile e. coyote.

>> is that worse or typical? >> typical. this is where the republican party is right now. the outrage fund-raising machine is certainly already in high gear. as i guess you well know. that is politics right now. but the other thing politics right now unfortunately is, is, you know, charged with this real and potential violence. so it was a genuine outrage and an atrocity that gosar committed with that. he knew what he was doing. i think even with his iq of 30, he knew exactly what he was doing. he did it again, he meant it, he

richly deserved the censure. his career of idiocy goes back to his birtherism. which got him to congress in the first place. this was a day when the house upheld a norm that must be upheld. and i was proud of what the house did today. as mike does, i wish more republicans had joined in supporting the institution. because it's important. >> on that note -- go ahead, mike. i have to take a break, but go ahead. >> after the hamilton line, i'm marking him down to 22 on the iq scale. i hadn't heard that. >> my favorite was the references to dr. gosar, as if a medical school admitted him once

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the economic proposals we put forward for the nation, the infrastructure law we just signed and the build back better

plan are being considered in congress, will not add to inflationary pressures in the economy. >> the president addressing concerns over inflation today. nbc news reports it's a conscious effort to rebrand and drum up support. it's a sentiment echoed by congressman schumer today. >> it's simple. if we want to fight inflation and create more jobs, so many businesses are short of workers. if we want to lower costs and make sure families have more money in their pockets, the best thing we can do is pass build back better. >> still with us, eugene robinson and mike murphy. still something less than a stem-winder from the majority leader, eugene. but is this how they have to sell it, kind of a backdoor way of noting, look, i know inflation is about to strangle

all american families. but it won't come from this? >> maybe with a little more brio, but, yeah, i think this is the way that they should sell it. they should be telling people that, look, we're on the side of the working class and the middle class. you're hardworking americans, and we want to lower your costs and make it possible for you to have more productive and satisfying lives. and not feel you're on a treadmill all the time. and, you know, get that message across. it's better than the message they've had to date about build back better, which has been kind of confusing, frankly. and at the same time, they ought to be all over these games that labor has been making in the wake of the pandemic, the john

deere workers that just settled their strike, getting a 10% raise. that's a lot of money in this day and age. it seems like democrats ought to make this a crusade for the middle class, for the working class, and see if they can get some of those voters to listen to them. >> mike, two things. number one, a point of personal privilege, gosar went to dental school. and that was the life's dream of herbie the elf in rudolph. so what is more important, selling what has been passed, or talking up what they need manchin to pass? or is it that once you explain to americans that more goodies are on the way, that may help

the social spending bill's chances? >> first, hearing that about gosar makes my teeth hurt. second, they are interconnected. what the white house needs is to sell something people understand. president biden's poll numbers have crashed and there should not be an illusion of that. one was the persona, they see the progressives running crazy in the house, they see the president of the united states unable to control the situation. they're like, now we're getting left-wing chaos. what happened to centrist joe biden? one of the reasons for that was, it was all $3 trillion versus $2 trillion, some democrats say it's too much, trillion, trillion, trillion. the average voter didn't know what the meat is. what do you get? that's the gear shift they're trying now. i think changing slogans is

nice. i always thought build back better sounded like a chiropractor clinic. they need to show what this means for real people, and stop the democratic squabbing in d.c. and biden has to be perceived as being in charge. he looks weak and passive now, and it's killing him. this is the restart. there's some meat in the bill. they had a good event today, but he needs a lot more of it. and he needs to close the darn thing in the senate. >> let me ask a follow-up? how do you do that, absent the kind of heavy-handed, old-fashioned democratic party chairs the three of us have seen in our lifetime, who do you go to? who do you talk to, who do you see about this to say, we're going to have a team meeting. you over there, stop squabbling, and you be more appreciative,

and let's play as one team? >> well, i think it's time for some try ainge laks. they're confusing partisan control with ideological control. it's going to be close to what manchin wants. that's reality. if biden would get on the side of that, fight the battle. the squad already voted against his own infrastructure plan. i would not be afraid to deliver a victory here, and put himself in the middle of it. being tough and in charge, even if he gets some criticism from the left, because then he's president again. >> yes, we do note, since members of the squad voted no, congresswoman talib was left off

the manifest on air force one today, even though the president was flying to her city. no votes have consequences. our thanks to our two friends, eugene robinson and mike murphy. it's always a pleasure having you on. another break for us. coming up, sorting out the complicated galaxy of booster shots. ng ] it's time for, plop plop fizz fizz. alka seltzer plus cold relief. dissolves quickly. instantly ready to start working. so you can bounce back fast with alka-seltzer plus. do you take aspirin? 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.

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fda is currently evaluating data on the authorization of booster doses for all people over the age of 18. we'll make recommendations as soon as we hear from fda. >> the cdc director on the next steps concerning boosters. today, moderna applied for approval of their booster shot for all adults. but a few states are offering

third doses to anyone over 18 who wants them. the maine governor writes, with maine and other new england states confronting a sustained surge, we want to simplify the complicated eligibility guidelines. dr. celine gounder joins us, part of the panel that advised the incoming biden transition team. and she hosts a weekly podcast called epidemic. doctor, where do you fall on this conversation around boosters and is the federal government fair game in this criticism that this is taking too long, and there's too many guardrails set up? >> where we have very clear data that people will benefit from

additional doses of vaccine is the elderly, and particular people over the age of 65, people who are immunocompromised, and people in nursing homes. these are the highest risk people who do need those extra doses of vaccine. >> i'm curious about something. i asked this last night as well. has there been any conversation at the federal level, the fda has this emergency use authorization. the anti-vaxxers use that phrase

as the basis to say it's an experimental vaccine. has anyone in the entire federal government said, hey, what if we call it something else? >> to be clear, the pfizer vaccine does have a full approval from the fda. so that vaccine is fully approved. if you compare that with some of the relatively more experimental therapies that are being used, monoclonal antibodies, for example, while they've received authorization from the fda, they have not been given to nearly as many people as the vaccines. we've seen billions of doses of the vaccine given around the world. and so these are really not experimental vaccines. the fda full approval has a lot to do with making inspections of the manufactuing facilities and

other extra layers. but the authorization should be seen as, look, the vaccines are safe and effective. >> let's talk about the state of vermont. which we have correctly talked about as a leader in mitigation. they had done so well, 70% of vermonters are vaccinated, and they're having a spike. is there a larger lesson in this to you, again, they're a small population, small land mass state. is the takeaway that the shots may not be effective for as long as we thought? >> not at all. what we're seeing in vermont, they're the most highly vaccinated state in the country. across the population, they also have the highest rates of vaccination among vermonters over the age of 65. and about half of vermonters over the age of 65 have also

gotten a booster dose of vaccine. what we're seeing in vermont and other states in the northeast, even though cases of covid infections are going up, we're not seeing a parallel spike in hospitalizations and deaths. so that means that the vaccines are indeed working. they're protecting people from the more severe consequences of getting covid. >> i want to play for you some comments today by dr. fauci. we'll discuss on the other side. >> i don't think we're going to get eradication. we've only done that with smallpox. we've eliminated polio in the united states with vaccines. we've eliminated measles, and malaria years and years ago, but they exist in other places. i don't think we're going to eliminate it completely. we want control. >> so, he very effectively laid that out for laypeople like me.

to you, what does control look like, and when do we get to declare that? will we know it when we see it? >> well, there's a wide range of what control might mean. i think what we need to be thinking about moving outside of this emergency phase of the pandemic is really to think about all of the viral infections that we have, whether that is flu, covid, and viewing them as a com composite, and ho many people are getting sick and dying from all of these viral illnesses combined. when you think about them collectively, and measures that will fight all of them, and trying to minimize them as a group, you can have a much more positive spin on this, and see there is a way forward. we can, for example, in addition to vaccinating against covid, vaccinate for the flu. many of the things that we do for covid also reduce the flu.

so i think we just need to be stepping back and looking at this big picture as opposed to only about covid. >> our guest has been dr. celine gounder. thank you very much for taking our questions. and supplying the answers. coming up for us, here's the headline. millions of us are about to travel in some form or fashion. and the travel industry is not ready to carry the load.

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somewhere for thanksgiving. transportation in this country is about to be pushed to its absolute limit. i'm going to tell you right now what you're about to hear in this next report. you're going to hear that the number of americans projected to be traveling this holiday season will be up 100% over last year. if it sounds like a lot, it is. here's our report. >> reporter: more than 53 million americans are on the move for the holiday. is the system that's out there ready to handle all those people? >> actually, no, it's not. i'm afraid this year it will be a lot more difficult to travel than prior to the covid period. >> reporter: airlines are understaffed, and many airports are, too. there aren't as many rental

cars, and they cost more. gas prices are up over 60% in the last year. adding to the headaches, a storm is developing that forecasters say could cause disrupdisruptio. here are some important tips. buy travel insurance. show up at the airport two hours early for domestic flights. the tsa says it has enough staff, but lines will be long. >> everybody wants to travel and have a good experience. i think patience will be key to that. >> reporter: there will also be lines after security. not all the stores and restaurants in terminals have reopened. drink that coffee at home before heading to the airport. and there are covid concerns. cases ticking up in the northwest and northeast. and masks are still mandated in

all modes of public transportation. anyone expecting a hassle-free journey next week might want to delay their trip. >> tried to warn you. coming up, one nation under just one god? not quite what the founders had in mind. we'll talk about it when we come back. cough cough sneeze sneeze... [ sneezing ] needs, plop plop fizz fizz. alka seltzer plus cold relief. dissolves quickly. instantly ready to start working.

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last thing before we go tonight, mike flynn wants you to know he loves jesus. of course, a lot of people do. the difference is, as you'll hear, it kind of sounds like mike flynn yearns for something closer to a forced religion or an official religion where americans are told who to worship and who to believe. >> we're going to have one nation under god, which we must. we need one religion under god, right? all of us together, working together. >> but wait, there's more. there's also crucifixion. >> with all of this stuff with the january 6th, i call it the insurrection crucifixion. because that's what it is. from a biblical sense, nancy pelosi is the pontius pilate of the operation they're doing to basically steal away all of the

other aspects of what is happening across this country. >> it is hard to believe this man retired with three stars on his shoulder and commanded men and women in the u.s. army. say nothing of his 24 days as national security adviser to the president of the united states. he was of course later judged to have sold out his country. flynn's comments on religion proved too much for another retired army general. mark hertling writes, this man is an embarrassment to the u.s. army. his words are disgusting. that comment launched much discussion of potentially recalling and court martialing flynn. that will leave only one other general flynn, mike's brother

charles, a four-star over at the pentagon. that's our broadcast for this wednesday evening. on behalf of our colleagues on the networks of nbc news, good night. joining us this hour. it was a sunday, in late february, 1965. the autobahn ballroom at 156 and broadway in harlem, new york city. it's a landmark, big building, beautiful building. had a huge theater that's had thousands of people. and on the second floor there was an actual ballroom, and the capacity of the ballroom was smaller. the capacity of the ballroom for dinners and other seeded events were about 200 people. but that sunday, february 1st 1965, there were double. that number of people crowded into that room. packed