Welcome to the beat. I'm Ari Melber and what I knew is that Nicole is stepping out during a busy

news period. But when you step out, it could always be a busy news period. That has been the

case lately. Let me tell you why I mentioned that with her and what is the top story in the

nation night? Because it's going to be the top story on Monday night as well, best we can tell.

And perhaps for some time after that, if this Democratic Congress goes forward and refers former

President Trump for criminal prosecution, which it can do legally, formally, as a co-equal branch

of government on Monday. Now, that idea that this Congress before it ends its lawful session in

January would use its power to formally say for the record for history, for law, and for the justice

department. That Donald Trump should be prosecuted. That idea has been leaked, suggested,

intimated, and also reported with sources for days now, which is why you may have heard about it.

You may have heard it's one of the big reasons that Monday's hearing is so newsworthy. Now,

let me just tell you what we know. We have every indication that that unprecedented act will go

down on Monday when the January 6th Committee holds its final business meeting to vote on criminal

referrals and its forthcoming report. Let me tell you what we do know and what we don't know,

as we try to do around here, because this is a huge deal and the stakes and the tension have been

rising. What we do know about these referrals is very simple. Congress has the power to do this.

Indeed, this same January 6th Committee has made four similar referrals, they were called contempt

proceedings, to the justice department. Now, those proceedings are in some ways different than what

will happen Monday. We can get into that, but it's a reminder of why this matters if you're going

what's the big deal. Well, they did four from this Committee and two of them led to indictments.

One of them led to a conviction. See, Bannon going to jail because of this and another trial

waiting. So we know they have this power and we know that the DOJ will process it and then make

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