the subpoena from the january 6th committee in congress. however do lawmakers have to go to get the truth? covid hospitalizations are down but experts warn this battle is not over yet. plus, a former navy s.e.a.l. going to sky high heights to help gold star families. and he's taking on mt. everest to help the children of fallen service members. you'll hear from him, live. >> we appreciate you sharing part of your weekend with us. it is saturday, october 9th. laura, the alarm going off a little later this month. >> it was a treat. such a treat. an hour later. i could get used to this. this is great. a lot to get to but up first here, executive privilege and the search for answers about the january 6th insurrection. donald trump is trying, trying to claim executive privilege to block the special house committee investigating the riots from getting documents. >> yeah, we should note. he's no longer the exec 2i6. former trump adviser steve bannon now trying to defy a subpoena from the committee, also citing privilege. but the white house says the privilege belongs to the current president. and so far, president biden has refused to assert it over the trump documents. let's bring in cnn crime and justice reporter, caitlin pollins. caitlin, good morning. we want to find what kind of documents the committee is trying to get here. and what the response has been here to steve bannon's defiance. >> well, boris and laura, there are a lot of things that have been requested so far by the house committee investigating january 6th. and right now, we're going to see the first things, the first responses potentially, on whether they're going to be collecting information or whether they're going to fight for it. we have seen some signs and the fight could be emerging. largely it's because the national archives holds lots of records. they're the carrier of the records and the biden administration has said they're not asserting privilege over those documents. the first collection of documents going from the house to the archives. now, what the house is looking for anything that shows plans to overturn the 2020 election. that's videos, photos, call log schedules of people in the white house, potential intelligence there was before the trudmp rally. and even communications of white house officials. all of those sorts of communications, those are the sorts of things that the trump people who do have a say, because trump is the former president, he gets a little bit of a say. he's saying he wants to assert privilege over 4640 of those documents. and that means there could be a court fight. if they can't come to an agreement on what the national archives should be giving to the house. there are lots of parties there talking and trump could really try to slow things down with the court case in the next 30 or 60 days. >> katelyn, that is one set of documents that the national archives has. we also have the committee wanting the testimony and documents from other guys. and they say corruption charges are on the table if somebody defies a subpoena like bannon has so far. we'll see whether he changes his tune on that. i wonder what their next resource is. we always talk about this mythical jail that congress has. the sergeant at arms going and arresting someone, that seems unlikely. so what's going to happen here? >> well, the mythical jail, that's something off the table. we went through that with john mcgahn with the presidency. see, bannon has already told the committee he's unable to respond to a subpoena for documents and testimony, after president trump sent some warning shots that he wants to maintain the executive privilege. and bannon is essentially daring the committee at this point to do one of two things s or, two, guess he has, that has happened in the past. the committee could hold him in civil defiance. send it to the courts and what bannon will have to do to show up to answer questions. or hold him in potentially criminal contempt for the justice department to prosecute him. other than bannon we do know there are subpoenas that have gone out of mark meadows and kash patel, the committee said last night that share so far engaging with them. so it remains to be seen how much cooperation the white house is getting across the board. >> the problem whether they take them to court themselves or try to refer to the jusjustice depa. either one is bgoing to take time. kat katelin polantz, thanks. the seven-day average of new coronavirus cases in the united states, dipping below 100,000 for the first time in two months. >> and that is good news. but health officials are still urging caution as only 65% of eligible americans are fully vaccinated even at this late date. cnn's polo sandoval has more for you. polo, community spread still high. >> certainly is. it's getting better, but not all. states like utah and alaska still experiencing widespread transmission. and those vaccination numbers that remain low. and in states like utah and alaska hospitals still at or near capacity. >> reporter: the nation's covid-19 hospitalization rate is at its lowest point in nearly two months. add to that, the average number of new covid cases each day which fell below 100,000 this week for the first time since august, it's clear that many health experts said most of the nation is on the right path, with over 65% of eligible americans to receive covid-19 shots being fully vaccinated. >> there are some communities that are really well vaccinated and really well protected. and then there are protects of places that have very little protection. and the virus isn't stupid. it's going to go there. >> reporter: that's what concerns both the current white house and the last. the covid testing czar under the trump administration, he agrees that the nation is at a promising point but the war against covid is far from over. >> this was associated with an increase in vaccination rates, more testing and double of the mask-wearing so the american people did the right things but we are not out of the woods yet. as the surgeon general says, there are still a lot of americans who do not have natural immunity and who have not been vaccinated. they are still susceptible. >> reporter: most of the lower 48 seems to be turning a corner. alaska remains on high covid alert. alaska reported a case count five times greater than the average. according to the health department, 20 implemented crisis standard of care. pfizer's race to secure emergency use authorization for its vaccine continues for children ages 5 to 11 as will the trials according to the company. advisers at the cdc will meet in the next couple weeks to discuss moderna and j&j boosters and early in the month to discuss covid vaccinations for children 11 and under to receive shots before halloween. and orphanhood is emerging as the second part of the tragedy. over 120,000 children up to june lost say primary caregiver to covid-19. 65% of those, boris and laura, were actually the kids of ethnic minorities. >> yeah, polo, we do want to ask about some news that we're getting about a stabbing in a new york city apple store over a mask mandate. what happened? >> yeah. that actually happened yesterday evening, boris and laura, a 37-year-old security guard at an apple store that was apparently stabbed. not life-threatening injuries but nonetheless, reminding us that mask wearing is there. and what happened there in new york a sad one. >> joining us to discuss all things covid is dr. aileen marty, the professor of infectious disease at florida international university. good morning, doctor. let's talk about the cautious optimism about the trajectory of the pandemic. are you sharing that optimism, with those like the surgeon general who don't see things escalating when it comes to covid in the near future? >> we're having a nice reprieve right now from the horrible pandemic still raging in some parts of the world and parts of the united states. and that's a good thing. so, as we continue our efforts to get more people vaccinated. as the vaccination rate goes up, it's going to reduce the chance we have another significant upswing. so, yes, i'm very optimistic. and also the fact that the biden administration has purchased so many additional rapid tests, which when you have a lower prevalence is a more valuable test. >> and, dr. marty, another reason that experts are expressing optimism is because it appears that this pfizer vaccine for kids from 5 to 11 is headed towards fda. approval. and potentially being rolled out within the next month or so. what would you say to parents out there that are eager for their kids to get vaccinated? what advice would you give them to prep ahead of time? >> well, first of all, i think it's a phenomenal thing. i've looked through the data that's available so far on the two-dose, one-third dose of the adult versus from 5 to 11, and the safety figures are phenomenal. the fact that these children are getting really excellent levels of neutralizing antibodies. in fact, the same or better, as people older than they are, even though they have a third of the dose is extremely good. of course, you know, you should always talk to your pediatrician. and make sure that everything is fine with your child. but there's really -- this is going to be a very wonderful thing. it's going to make schooling that much better. and safer. and that's something we all want to be able to go back to a more normal situation. >> no question. i did see some some polling recently that indicated that there was a lot of hesitancy among parents to get their 5 to 11 year olds vaccinated. and i'm wondering what you would say to any patients, parents, who might have that kind of hesitancy. they're not sure about getting their kids vaccinate, even though they may be. >> i think people were made aware that the numbers of cases in children rose dramatically over the summer. and included in those cases of children were a whole lot of children that needed to be hospitalized. some for prolonged periods in the icu. and unfortunately, children died. we've had hundreds and hundreds of children in the united states that have died. thousands in the world that have died from covid-19. and when you vaccinate children 5 to 11, you increase not only their safety, but you increase the safety of those around the children as well. because as you've already spoken about, there are all of these orphaned children. so, we don't need any more orphaned children. and we need children to be as safe as possible. and i think this is a wonderful way in which we can do that for our population. the more people, percent of our population that's vaccinated, the less risk it is for all of us. >> as simple as that. dr. aileen marty, appreciate the time. >> my pleasure. lobbyists have spent millions of dollars at the trump hotel in washington, d.c. while donald trump was in office. but how did that hotel wind up losing $74 million? we're going to break down the numbers for you, after a quick break. stay with us. ♪ ♪ find a northwestern mutual advisor at nm.com fries or salad? salad! good choice! it is. so is screening for colon cancer. when caught in early stages, it's more treatable. hey, cologuard! hi, i'm noninvasive and i detect altered dna in your stool to find 92% of colon cancers even in early stages. early stages. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. (all) to screening! acelerar. no paro de acelerar. que me va a frenar. ♪ que me va a frenar ♪ ♪ si acele.. ♪ ♪ y si acelero no me paran ♪ ♪ el viento pega en mi cara ♪ ♪ si acelero no me paran ♪ ♪ el viento pega en mi cara ♪ ♪ estoy brillando con mi drip drip ♪ ♪ una luz que no se apaga ♪ ♪ ♪ former president donald trump says his lavish washington, d.c. hotel made tens of millions of dollars during his four years as president. but documents released by the house oversight committee are painting a different picture. >> a very different picture indeed. get this, according to the documents, the hotel racked up more than $70 million in losses during that time period. cnn's brian todd has this angle of the story. >> reporter: new information 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 you in financial disclosures that the trump international hotel earned more than $156 million in income between its 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 during that period. how did they lose so much money? >> it never made sense. i think the problem is they couldn't fill the rooms. there's no shortage of pro-trump fans saddling up to the bar. and embassy groups going to the banquet rooms but the guest rooms weren't really renting that much. >> reporter: earlier this year, a cnn employee who thought this video and took pictures revealed very few guests at the hotel. hallways empty and elevators running up and down indicating a lack of traffic to the rooms. during the four years in question, the trump organization had to funnel more than $24 million from other parts of the company to help the d.c. hotel. but that's not all, the committee says its analysis of the financial documents shows the trump hotel received 3.7 million $ from foreign governments which the committee says raises concerns about whether trump violated part of the constitution that bans federal officeholders from receiving gifts, payments, anything of value, from foreign officials. >> it calls into question whether trump's dealings with these foreign governments were motivated by the best interests of the united states. or his own financial interests. >> reporter: the committee says the documents also show that trump received, quote, undisclosed preferential treatment from deutsche bank on a $140 million construction loan from the hotel. just before trump was elected, the trump international hotel opened touted as the crown jewel. >> with the notable exception of the 1600 pennsylvania avenue, this is the most coveted piece of real estate in washington, d.c. the best location. >> reporter: it boasted luxurious suites a himalayan salt chamber in the spa. officials likely to curry favor with trump shuttled through the lobby. >> during the day, it almost got overwhelming at times how many vips and members of our government making headlines are all together in the same place. >> reporter: 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 that the house oversight committee's report was intentionally misleading. irresponsible and unequivocally false. the statement said the committee showed a fundamental misunderstanding of bake accounting principles and at no time did the trump administration receive any preferential treatment. and deutsche bank responded to the report telling cnn in a statement that the committee makes several inaccurate statements about deutsche banc and its loan agreements. brian todd, cnn, washington. >> brian, thanks for the report. here's one way to lend a helping land. skydiving on to mt. everest. a retired navy s.e.a.l. taking a giant leap honoring fallen service members and helping their families. find out what motivated him to this next level, after a quick break. this is mike. mike blew his entire life savings on a permanent perm shampoo invention, which actually attracted more cats than customers. now instead of wasting money, mike is looking to save it with amerisave's great rates. see how much you could save at amerisave.com. advanced non-small cell lung cancer can change everything. but your first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread, tests positive for pd-l1, and does not have an abnormal egfr or alk gene. it's the only fda-approved combination of two immunotherapies. opdivo plus yervoy equals... a chance for more time together. more family time. more quiet time. opdivo and yervoy can cause your immune system to harm healthy parts of your body during and after 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get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. a u.s. delegation is set to travel to doha and qatar this weekend to meet with senior taliban representatives from kabul. and this is going to be the first such meeting of its kind since the withdrawal of all u.s. troops from afghanistan at the end of august. >> that's right, a state department official tells cnn the meet will go address issues of vital national interests to the united states. sufficient as the continued safe passage out of the country for afghans, americans and other foreign nationals. the u.s. is as expected to push the taliban to respect the rights of women and girls. as the united states reflects on the aftermath of the 20-year war in afghanistan, many are focusing on the future, specifically, the loved ones and legacies of those who lost their lives in operation enduring freedom. ten years ago, the crash of extortion 1-7, during an operation in afghanistan, marked the deadliest single incident of the war. 31 americans lost their lives including matt mills whose son cash was only 18 months old at the time. cash was one of 25 children left without their fathers officer extortion 1-7. this month, one former navy s.e.a.l. is plannning big leap. he's attempting to skydive on to mt. everest. michael joins us to discuss his jump. we should note he's also the author of "the talent war." and we're fortunate to be joined by carrie mills, cash's mom. michael and carrie, good morning to you both. help us understand the importance of the support you've received from the military community and people like michael and the special foundation for what it has meant for cash? >> cash is so young, so he doesn't actually have a memory of, one, his father, or the event that occurred in august 2011. however, the support that came after that has been integral in his education and fundamental in his growth. the special indications wounded warriors operation has been kind enough to let him learn a young language at such a young age that hasn't been offered to him at this point in time in elementary school. so they've been willing to pay for him to learn a second language and have done so without any hesitation. >> and what did you think when you found out that michael was planning this expedition to jump out of a plane on to one of the highest peaks -- the highest peak in the world? >> well, michael has been a family friend and teammate of matt. and he's been there no matter what. something incredible about our community, there's never an end to the support. so when michael told me he was going to do this incredible and dangerous event, i was honored to help support him in any way, shape or form. especially to give back to this wonderful foundation. >> michael, we have to note that personal connection and matt. and i'm wondering if he heard that you were attempting this, what you think he might say? >> well, he'd probably say what we mostly would say to each other when we got something big. he would say don't suck. don't screw is it up. no, i smile when i think of matt. and i smile when i think of all of these guys now. there's time for tears, but legacy expeditions is meant for just that, to uphold their legacy. men that died for you and i for something they believed in, in this country. but more importantly, the potential of what you and i can become and we need to remember that every day. >> and what message do you think that this attempt sends to kids like cash. kids that look up to you, to see -- to look for the legacies of their fathers and mothers, your brothers and sisters in arms? >> yeah. i think it sends a message that you're loved. that you're loved by all of us who are still here. more importantly, you're loved by your fathers. and that they made their sacrifice, so that you can have a life of opportunity here in the united states. >> and, quickly, michael, if you could, how can viewers at home help the foundation? >> yes, absolutely. all the money that we're trying to raise goes to special operations warrior foundation. if you go to legacy expeditions.net. there's a link. please make a donation. all of the money is going to fund the education of children of fathers they lost in the car. >> michael, we appreciate your service and your continued message to the country to support all of these heroes. thank you so much. stay with cnn. we'll be right back. >> thank you. >> thank you. introducing the new citi custom cash℠ card, a different kind of card that rewards dan where his spending is trending. just ask stepping outside his comfort zone dan... dan: okay, i don't know where the hole for this is. or fourth time streaming that period drama dan... dan: you just made me miss her best line, dan: so now i'm going to have to start it again. even insisted 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[sfx: radio being tuned] welcome to allstate. ♪ [band plays] ♪ a place where everyone lives life well-protected. ♪ and even when things go a bit wrong, we've got your back. here, things work the way you wish they would. and better protection costs a whole lot less. you're in good hands with allstate. click or call for a lower auto rate today. - your mom's got to go! - she's family. she's using my old spice moisturize with shea butter and she's wearing my robe. mom: ahem ahem ahem we're out. this is wealth. ♪ ♪ this is worth. that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. your holiday gift orders may take a little longer to reach your door step this year. why is this happening, boris? well, the economy as it bounces back, a labor shortage means that many suppliers are still struggling to keep up with this pent-up demand. >> good luck explaining that to your kids when they wonder where their gifts. dozens of cargo ships are stuck at the two biggest courts, cnn's kyung lah was riding along with the u.s. coast guard to give us a better look. >> we got to pass this. >> reporter: to understand the problem on the ground -- you first need to see it from the air. >> we're flying right over the anchors just out of the south palm beach. >> reporter: this is where the global chain meets the u.s. economy says coast guard demand steven bor. >> there are more ships that are in parking lots. we're effectively operating a waiting line in the pacific ocean. >> reporter: this bottleneck of container ships, as far as the eye can see, carries more than half the made in asia items purchased by the american consumer. >> you're looking at all of the electronic, you're looking at all of the home goods, you're looking at all of the things that people are looking to buy this coming holiday season. >> reporter: zero ships usually stay parked here. but on this day, commander bor counts 55 on the ports and more drifting out farther out in the pacific. at worst here, the backup is at all u.s. coast ports. what does that indicate to you about what's happening in the supply chain? >> you know, people are seeing that things are slowing down. >> reporter: slowing down and piling up at sea. and at the ports of entry. this is what happens when a global economy snaps back after the covid slump of 2020. american consumers are back, buying with force, but the supply chain is struggling to catch up. >> we need to have an amazon state of mind in this industry. by that i mean, amazon changed everything. >> reporter: while shoppers clicked 24 hours a day, factories in asia are still stopping due to covid. then in the u.s., national labor shortages and longer work hours and port of long beach is just experimenting now with around the clock operations. >> what this is a wake-up call for everyone in the industry to realize you can't operate with the model of yesterday. >> reporter: the goal, with the next link of supply chains, moving containers out of the port. >> every day, five, six hours in the harbor. you have to wait like six hours. >> reporter: six hours? >> yes. >> i was in there for nine hours. >> reporter: nine hours reuben ponce lost because he could have been delivering merchandise. >> i can't do as many rounds. >> reporter: national data says there's a truck driver shortage, but ponce says the problem is even more basic than that. >> the port is backed up, us, the truckers are backed up, everyone's backed up. and it's just a big problem. >> reporter: so it's like a chain reaction then. >> exactly. exactly. >> reporter: delayed trucks means delays at warehouses like canton food company in los angeles. >> i have about eight containers in the harbor somewhere. from china and vietnam. >> reporter: filled with food? >> filled. just waiting. >> reporter: that means for this warehouse, empty shelves with no date to fill them. basic economics are at play. scarcity drives up prices. so it's almost doubled in price. >> i would say maybe at least 75%. >> one is ready. >> reporter: prices for ingredients that this restaurant owner has to pay. >> all of the different products that you have to substitute, you had to change, now 30% more. 50% more. 100% more. >> reporter: this taqueria brand location operates in a renovated shipping container. the supplies that he needs sit out at sea, in the same metal bins, a cruel irony, after barely keeping his restaurant open through the pandemic. >> we worry, as far as -- because you don't know what's going to happen, right? you don't know what's next. >> reporter: how long will these ships be floating out here? >> i really can't say how long they're going to be like this. i think we're all going to wait and see how long this shakes out. >> kyung lah, thank you so much for that report. the next guest under the supply chain disruptions all too well. i'm joined by jay foreman, ceo of the iconic tonka trucks something that all love, including mine. jay, good morning to you. you have been in the toy business for four decades but you have said you have never seen supply chain disruptions. describe, how bad is it? >> it's as bad as you can imagine. there's about ten or 15 steps in getting a toy produced and get it to the toy shelf. any particular year, maybe there's one or two disruptions, could be high oil prices, a backup at the port. but this year, every single one of the factors that it takes to bring in a product, import a product, is upside down right now. we've never seen this before. and it's delaying the delivery of products which usually take about five weeks to get from a factory overseas to your store shelf to ten or more. the way to think about it is, if you've ever been to one of the big city airports and you see the taxis, and there's thousands of them, hundreds of them waiting to file into two lanes to pick up the passengers. that's sort of what it's like out in the harbor in los angeles. the railheads in chicago. and the warehouses over the country. everything is backing up right now. >> and this bottleneck means that you're having to make pretty strategic decisions about what toys to ship and sadly which ones to leave behind. we're weeks away from the holidays. but what's your advice for parents worried about getting gifts in time? >> the advice is simple. there's going to be lots of product you can buy in the market for the rest of the christmas season. but the things you want the most, the top five or ten things on your christmas list are going to be very ahead to find. because everybody is looking for those same toys or hot electronic items. so the advice is, shop early for the top of your list. don't expect as many bargains as you usually see because the cost of freight has gone up five times. and that has to be absorbed somewhere. and retailers are reluctant to raise prices going into christmas so what they may do is offer less discounting. but really the bargain this year is can i get it, rather than for 20% less. shop early is what i say. >> shop early. and those coupon codes that we all love with some of our online orders. i want to talk about some of the solutions here. your company makes about 80% of your products in china, i know. and shipping product from overseas is obviously of the thing that's causing so much disruption. what do you say to someone who says, you know what, just move production to the united states? >> yeah, listen, it's a really natural and good question. the problem is, there's not enough labor. we have unemployment at 4.8%. trucking companies can't find truck drivers. fast food chains can't find people to work. so if you build factories here, for example, to make something like this care bear, but you don't have anybody to manufacture them, that's a problem. so you really can't have it all, you can't close the border to the low-skill labor, and then expect factories to open up. you can't not provide, you know, child care, and allow moms to go work and expect there's plenty of labor around to manufacture light industrial products, whether it's clothes or toys. so there's so many problems that are going on at the same time that contribute to preventing building more factories in the united states. so -- and the biggest one we have an infrastructure bill in washington, on the table, that needs to get signed. there's $17 billion in there for ports. you saw how clogged the ports are. there's $32 billion in it for transportation, upgrades and infrastructure. that, we really need. that's going to be really important to business all over america. and the american workers as well. >> this just shows you how the dysfunction in washington has that sort of trickle-down effect to folks like you, small business owners, large business owners even who are struggling right now. >> it sure does. it sure does. >> jay foreman, thank you so much. appreciate it. >> you're welcome. coming up, a power struggle in idaho. why the state's lieutenant governor keeps trying to pull a power play every time the governor leaves the state. we'll be right back. 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(vo) austedo can cause depression, suicidal thoughts, or actions in patients with huntington's disease. pay close attention to and call your doctor if you become depressed, have sudden changes in mood, behaviors, feelings, or have suicidal thoughts. common side effects include inflammation of the nose and throat, insomnia and sleepiness. don't take austedo if you have liver problems, are taking reserpine, tetrabenazine, or valbenazine. austedo may cause irregular or fast heartbeat, restlessness, movements mimicking parkinson's disease, fever, stiff muscles, problems thinking, and sweating. (jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. a power grab snarky tweets and no it's not washington. it's a bizarre feud between two top leaders in idaho. and it took another strange twist this week, when governor brad little went to it to visit the border. >> yeah, his lieutenant governor went rogue and issued an executive order involving covid-19 vaccines, even to get information about sending national guard troops to the u.s./mexico border. cnn's dan simon has the latest from boise. >> reporter: the latest dustup between idaho's governor brad little and lieutenant governor janice mcgeachin happened when little went to texas. >> it's time for the biden administration to wake up. >> reporter: to blast the biden administration's handling of the southern border. >> my fellow idahoans. >> reporter: while little is considered more mainstream, mcgeachin is more far right to the party. seen last year holding a gun and a bible in a video criticizing the coronavirus restrictions. >> we recognize we're all equal. >> reporter: she's running for the top job next year, presumably against little. and in a bold move in the constitution used his absence for a temporary control of the state. and issued a mandatory order manning schools from mandating vaccines. and little attended the republican conference in tennessee. mcgeachin also inquired about mobilizing the national guard and sending troops to the mexico border. all of this rescinded by governor little. >> our constitution states that when the governor leaves the state, all duties that apply to the office of governor then fall to the lieutenant governor. >> who has the power! >> reporter: little has never mandated masks but has allowed counties and schools to make their own decisions. but he didn't specifically call out schools. mcgeachin tweeting that her executive order fixed that. we caught up with mcgeachin outside her office. but you know what you're doing, you're running for governor. and when he leaves town, you're issuing these orders. you're undermining what he's doing. >> you know, you're -- i'm not going to talk any more to an activist. if you're asking me fair questions as a reporter, that's fine. if you're going to be an activist -- >> reporter: i'm not being an activist. but what do you say to your critics that say this is absurd. >> again, you're being an activist. i'm not anti-vax. i'm not anti-testing of covid. we have people very much suffering right now and i'm very much against this being a mandate in the state. and this is what this is all about. people should not be forced to decide -- >> reporter: the governor never mandated anything. >> interview is over. >> reporter: for this part, the governor has been quiet on the matter trying to rise above the noise. >> what do you think of the actions of your lieutenant governor? >> we've got to go. we'll take care of it. >> reporter: do you worry it's political? >> it could be political. >> we've have governors, lieutenant governors, they work it out. >> reporter: jim jones is the former chief justice of the idaho supreme court. his assessment, blunt. >> this is the only lieutenant governor that i can recall that has acted like an idiot. >> reporter: governor little has made the argument that it's a mischaracterization of the idaho constitution that anytime he leafs the state that the lieutenant governor would automatically take over. again a sporting opinion of the attorney general's office. it was a close call and ultimately it would be resolved in the courts. dan simon, cnn, boise, idaho. a quick update from europe, volcan nic lava is devouring mo homes in the spanish town of la palma, the canary island's volcano has become more aggressive. and the volcano of a week ago, and there are more lightning strikes hitting the volcano. more than 1,000 homes destroyed before it first erupted. so, don't go anywhere, we'll be back in just about an hour, "smerconish" is up next. and stick with us, the premiere of the new series "diana" that premieres tomorrow night. you don't want to miss it. >> i was always different. and always something inside of me that i was going to be different. ♪ >> she was going to marry her dashing prince. like all the stories she'd read. ♪ >> she was iconic. she was box office. >> are you going to dance with the princess tonight? >> if she'd like me to. >> pre-diana, there was zilch interest in the royal family. >> i don't think anyone has grown up in public like diana has. >> diana provided a very public model for defiance and t truthfulness. >> is it normal to feel angry and want to change the situation? >> i was able to recognize an inner determination to surf vie. >> the new cnn original series "diana" premieres tomorrow at 9:00 on cnn. but it's also a game, of information.. because the nfl is connected. and at any moment, the fate of the season can come down to this. billions of secucure connection, per second. when the game is on the line and the game is always on the line touchdown! the nfl relies on cisco. ♪ i'm a reporter for the new york times. if you just hold it like this. yeah. ♪ i love finding out things that other people don't want me to know. mm-hmm. [beep] i just wanted to say... ♪ find yourself in these situations and see who you are. and that's just part of the bargain. ♪ ♪ ♪ dry eye symptoms keep driving you crazy? inflammation in your eye might be to blame. [inflammation] let's kick ken's ache and burn into gear! over the counter eye drops typically work by lubricating your eyes and may provide temporary relief. those drops will probably pass right by me. xiidra works differently, targeting inflammation that can cause dry eye disease. [inflammation] what's that? [inflammation] xiidra? no! it can provide lasting relief. xiidra is the only fda-approved non-steroid treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait fifteen minutes before reinserting contacts. [inflammation] got any room in your eye? be proactive about managing your symptoms by talking to your doctor about twice-daily xiidra. like i did. [inflammation] i prefer you didn't! xiidra. not today, dry eye. get ready - our most popular battery is even more powerful. the stronger, lasts-longer energizer max. -capsule! -capsule! -capsule! capsule saves me money on prescriptions. capsule took care of my insurance. capsule delivered my meds to my doorstep. capsule is super safe and secure. get your prescriptions hand delivered for free at capsule.com some parents need detention. i'm michael smerconish in philadelphia. are you willing to serve on a local school board? before you answer, let me roll some tape. what you're watching is a montage at recent events at school board meetings across the country. behavior has been so appalling by parents that it led attorney general merrick garland to ask the fbi and u.s. attorneys to combat a spike in harassment, intimidation and violent threats. the issue hits home with me because my public high school's auditorium was recently the scene of such a contentious meeting. i read about it in the local weekly newspaper, the bucks county herald.

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