100,000 cases a day. it is still too many, but the first time in two months, boris. >> hospitals in alaska and pennsylvania are still seeing a surge in patients sick with covid-19. community transmission remaining high in certain areas. let's get to polo sandoval with the latest. >> reporter: i agree on that map, laura and boris. there is no question there that the situation is certainly improving throughout the country, but not all. you mentioned pennsylvania and alaska and also utah experiencing still a surge in covid patients and hospitals. the covid hospital rate is at the lowest point in nearly two months. add to that, the average number of covid cases each day which fell below 100,000 for the first time since august, it appears the nation is on the right path with over 65% of eligible americans to receive covid vaccine shots. >> there are some communities really well vaccinated and protected and then pockets of places with little protection. the virus isn't stupid. it will go there. >> reporter: that is what concerns the current white house and the last. the covid testing czar under the trump administration agrees it is at a promising point, but far from over. >> this is an increase of vaccination rate and more testing and doubling of the mask wearing. the american people did the right things. we are not out of the woods yet. as the surgeon general says, there are a lot of americans who do not have natural immunity and have not been vaccinated. they are still susceptible. >> reporter: most of the lower 48 is turning a corner. alaska is on high covid alert. this week, state officials reported a covid case count five times greater than the national average. according to the health department, 20 of the state's medical facilities implemented the crisis of care. the last resort before rationing care. pfizer emergency use for the vaccine continues for children 5 to 11 as will the trials according to the company. vaccine advisers at the cdc will meet to discuss moderna and j&j boosters and early in november for childhood vaccinations. those parents of children 5 through 11 will have to wait for the day when they will have vaccinations available. they still hope it happens soon. in terms of the mass debate, that is still ongoing. in some cases turning violent. in new york city at the apple store, video of the scene and aftermath of the stabbing of the 37-year-old security guard at the apple store. he sustained non-life threatening injuries. after a mask confrontation, that's when the 37-year-old was stabbed. investigators not saying much there. it is reminding us this is a point of contention throughout the country. guys. >> sadly, one as we have seen, turns violent. polo, thank you. let's get more expertise on covid with medical analyst dr. lena wen. you detail three things that need to happen for us to put the pandemic behind us. i want to show viewers shots for younger kids. vaccines for younger kids was the first thing on your list. as polo noted, we could get fda approval for vaccines for kids 5 to 11 potentially next month. what advice do you give parents weighing that decision? >> good morning, boris. i think it is very good news that we do have the possibility of vaccines for the younger age group 5 to 11 very soon. although, i wish the cdc were meeting earlier. the fda is meeting tuesday, october 26th. the cdc meeting is a full week later. i wish they would meet that week because it is important to get the parents of younger kids the option to get vaccinated. we are in a waiting game. we have not seen the data from pfizer. i would want the fda and cdc, the top regulatory authorities to weigh the data. we, as parentsscientists, we want that data. we trust our pediatricians with every aspect of our children's health. there are experts with childhood immunizations. you should refer to the p pediatrician for the time being. >> dr. wen, the second item on the list. readily available rapid test. the boost production for rapid at-home test. the major change in availability won't come for another couple of months. how big of a game changer would those rapid tests be? >> we need to reset our expectations here in the u.s. we need to recognize that we will be living with covid-19 for the foreseeable future. we don't need to be in a state of emergency. we need to live with it so it is not driving every decision of school and work and travel and social activities. that's why testing is so important. in the united kingdom, every family is able to be tested twice a week free of charge if they wish. in many countries, children are able to be tested before they go to school and employees before they go to work. we need to change that expectation here in the u.s. as well. imagine what a big game changer it would be if we make it the norm before people get together for dinner or go to see a play that they get tested before. that is why the rapid testing is so important. it needs to be widely available. it can't be something that costs $10 or $20 and you can't buy at a store when you need it. this is something that i hope the biden administration will do more of ramping up. >> it will certainly give you peace of mind. especially parents sending kids to school. let's talk mixing and matching. the fda advisers are talking about moderna and j&j application for booster shots. you mentioned you were hoping they will approve a mix and match apprpproach with a mixinge vaccines from the initial vaccine from the booster. why is that approach needed? >> so the federal regulators are looking at all the data available. most of the data are going come from the companies themselves. the companies will not have mix and match data. pfizer will test the third dose of the pfizer and so forth. the nih is doing mix and match trials. in other countries, they are doing the mix and match ap approach. this is important. one is availability and convenience. there may be some people living in hard to reach areas who don't have easy access to trans pors ta transportation. if they received pfizer and they can only get moderna. we know the j&j vaccine in younger women is associated with a very rare and serious blood clotting disorder. moderna and pfizer don't have that side effect. for younger women, i hope they have the option to receive the pfizer and moderna vaccine as the second dose instead of the j&j. to be clear, these are vaccines that are safe and effective. i also think people should get the option at this point of a different booster should they choose. >> a great point. always appreciate your insight. dr. leana wen. thank you for your time. new this morning, abortion in texas is banned once again. overnight, a federal appeals court weighed in on the most restrictive abortion law in the country. placing a hold on the lower court ruling found that texas law was unconstitutional. remember, the law in texas bans abortions as soon as a doctor finds a fetal heart beat. as early as six weeks in cases. in other words, two weeks after a woman misses her period, before many women know they're pregnant. this law makes no exceptions for rape or incest and allows any private citizen to sue an abortion provider. this court of appeals was largely expected. the judge leans conservative. abortion providers worried this would get overruled or paused as it now has. all this means more women will continue to flock to nearby states like louisiana hoping to get their procedures before it's too late. >> it is a constant, constant ringing of phones. i can tell you the highlight of my day is the women moving appointments from the end of the month and squeezing them in next week. my nurse rearranged appointments and confirming other appointments. it is just ongoing over the last few days. normally under normal circumstance, about 18% to 20% of the women we see are from texas. at this point in time, we are running closer to 60%. >> a huge jump since the law was passed. clinic workers are worried what is happening in texas could soon become law where they live as well. boris, it goes without saying. this case is headed to the supreme court next. >> one of many. this could be a blockbuster session for the court. >> for sure. we have news that we're just learning in to cnn. sources say trump ally dan scavino has been served with a subpoena from the january 6th commission. he had been dodging it for a few days. the question now is will he comply? 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>> reporter: good morning. the news coming in to the newsroom from jim acosta reporting according to a source familiar that dan scavino has been served with the subpoena. they had trouble tracking him down, but they were able to make this happen. they handed over the documents at mar-a-lago. he will now start the process of working with the attorney to figure out how to respond. of course, this comes one day after the other subpoena recipients in the trump inner circle had to give their responses. steve bannon said he will put up a fight. the other two kash patel and mark meadows, according to committee, they are engaging with the lawmakers to figure out a way forward. that's the latest on the subpoenas that went to the officials. the big story in the last day or so is the subpoena that went or request for documents to the national archives for former president trump's official documents. his communications, schedules, calendars, information about what he was doing on that critical day. january 6th. the news is president biden's white house will not bail trump out on the first batch of documents. they will not use executive privilege to shield documents. they are comfortable having the documents go to the lawmakers and to the committee for the investigation. here is why. boris and laura, take a look. i want to read a quote from the white house counsel. president biden's white house counsel. this is why they're okay with doing this unprecedented move to hando over documents. the protections of executive privilege should not be used to shield from congress or the public information that reflects a clear and apparent effort to subvert the constitution itself. that, of course, is a reference to president trump's effort to undo the election and overturn the will of the people. the biden white house said if you are trying to subvert the constitution, you can't use the constitution to protect your records. guys. >> all right. marshall cohen, thank you. i appreciate it. >> joining us on this is ross garber. a professional at tulane law school. teaching something relevant to the conversation. nice to see you, ross. let's start with the bannon subpoena. he claims the president wants him to declare executive privilege. have you seen that before? wasn't in the executive branch? bannon was fired in 2017 and we're talking about events that happened in 2021. >> in addition to that, laura, this is an invocation of the privilege on behalf of somebody who is no longer president. the short answer is no. here is what bannon is thinking. he look aed at the house investigations during the trump years and he saw the stiff-armed with no consequence. he is betting that he can stiff-arm the committee and ride it out and play it for time and there won't be consequences. i think he may be in for a rude awakening, though. >> why do you say that? i wonder what merrick garland is thinking? he will be the one deciding to pursue criminal contempt proceedings. how does it play out? >> the house has three options. one is file a civil case. that's what they did during the trump era. those cases essentially went nowhere and took time. the witnesses and trump won those essentially. the second option is send the sergeant at arms to arrest witnesses. that hasn't been done since the 1930s or 1940s. that is unlikely to happen here. the third option is make a referral to the department of justices and witnesses are now in criminal contempt and ask the department of justice it initiate a prosecution. then it is up to merrick garland to make the decision to do that. there is a good chance as to steve bannon, essentially, that the department of justice issues a contempt order. bannon at the time was not an official at the time. i think bannon is in significant danger of criminal prosecution. >> if they don't do it, it makes you wonder if these ever have any teeth anymore. it sends a signal to the rest of the world that you can basically ignore a duly authorized subpoena which i'm not sure that the current justice department wants to do, certainly not something congress wants to do when they want people to take them seriously. let's look at the documents held by the national archives that the former president wants to keep under wraps. there was no attempt of coup on executive privilege. what is the best argument for keeping them secret? >> the best argument is these are sensitive and confidential al documents and significant information about communications with the president and senior advisers and the current administration shouldn't wave for the previous administration. the point is to facilitate confidential communications and if they are confidential, the president will get better advice. the concern, you know, i could see trump's lawyers articulating a subsequent information can dispose of the privilege and it defeats the point of the privilege. i think trump has a very uphill battle.time. >> i think you don't get to use the privilege to shield to prevent evidence of criminal it of coming foosrward. we don't know what is coming up in the documents. that's why the house wants to get to the bottom of it. i assume it will head to court next now the former president is resitting it. thank you so much. ross, i appreciate it. >> good to see you r. new this morning, pnancy pelosi is at the vatican and she first arrived in rome for a g-20 parliament summit. she met with the italian prime minister during her visit. four weeks and counting now and the hunt for brian laundrie still on. police explain why they focus on the nature reserve in the first place. regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. jeff's been to the bottom of the ocean. the tops of mountains. and wherever this guy runs off to. a life well lived should continue at home. with home instead care, older adults can stay home, safe, and happy. home instead. to us, it's personal. you booked a cozy vrbo mountain cabin. with a kitchen where everyone can chef. 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>> reporter: we heard new developments, boris and laura, we heard from the laundrie parents they last saw their son on september 14th. this week, they say it was the day before on the 13th. now we're coming up to a full month since the parents last saw or heard from their son. some questioned if the family is telling the truth or if they intentionally misled the investigators. the attorney said it was a simple mistake. they misspoke on the right date. now that we know they say they last saw and heard from their son on september 13th, they told investigators he was headed to carlton reserve, which is not far from here. this is the laundrie home behind me and this week, we saw the father, chris laundrie, leave his house and go to the reserve to assist the fbi there. his job was to tell them where his son liked to hike and where he might have gone. that was something the attorney said the parents were able to participate in and participated in that search effort that happened this week with the fbi. then very quickly, chris laundrie came back to his house. there have been many questions about how this timeline unfolded, right? if we back up to september 11th, that was the date that gabby petito's family said she was missing. on the same day, the north port police came to the house and questioned the laundrie parents. they had their attorney on the cell phone and asked about gabby petito, they did not answer. that made investigators a bit suspicious. we're learning more information about the timeline since the august 12th dispute in utah since gabby petito was declared missing by her family and since brian laundrie disappeared. that date changed. that made the case interesting and confusing because the dates have changed and details have changed. the fbi said the investigation into finding brian laundrie is still ongoing this weekend. we have not seen much police activity in the weekend over at the carlton reserve. boris and laura. >> the family response is baffling. this is somebody they knew well and asked about gabby petito, they have no response. it doesn't add up. nadia, does the family have plans to assist law enforcement officials further? are they tiaking a lie detector test? >> reporter: laura, a lot of people want them to take law detector tests because hecklers out here, say they know more than what they are saying. the lawyer says they don't plan on taking a lie detector test. there are so many unanswered questions. >> many, many, many. >> indeed. nadia, thank you so much. i appreciate it. now to this controversial over south dakota republican governor christi noem. facing allegations of abuse her office to get her daughter the real estate appraiser job. >> the state's attorney general and lawmakers from her party are looking for answers. cnn's lucy kavanov has details. >> reporter: christi noem is in the national spotlight. trumpeting her approach to the coronavirus pandemic. >> my people are happy. they're happy because they're free. >> it is clear she wants to be president and she intends to run for president in 2024. she spends more time than any governor in recent history out of state. she is inserting herself in issues that don't impact the day-to-day lives of south dakota. >> reporter: now controversy over the closed-door meeting threatens theambitions. she called the meeting in 2020. >> my kids. >> reporter: and her daughter. according to the associate press. she was facing a denial of the certification of the real estate appraiser. four months later, she got her license. the woman who oversaw the program, said she was forced to re retire. in the complaint last december, she said the reason was inability to change gears. she settled with the state for $200,000. >> privacy for individuals, transparency for government. >> reporter: the meeting flaunts noem's campaign promise. she said any issue with the appraisal system should have been handled in the legislation. >> three sessions that could have taken place. that's where it should take place. >> not by closed-door meeting. >> right. >> i never asked for special treatment. >> reporter: noem defending actions saying her daughter completed the requirements. the appraisal system needed to be reformed. >> it was way too difficult. appraisers were not getting certified. you had to wait longer to buy a home. >> nepotism in the statehouse. >> reporter: not the first time over allegations of nepotism. hiring her other daughter in 2018 fresh out of college. >> she became a policy analyst and salary rose $10,000. >> reporter: the actions in the latest case leave the door open for doubt. >> we can hope from the governor she recognizes that she made missteps in conducting the meeting this way and involving her daughter and engaging with the personal issues at stake. >> reporter: a state legislative committee and the attorney general announce plans to investigate the 2020 meeting. >> i think she has done an excellent job. >> reporter: is it making a debt wit dent have the voters? >> i think family first thing. any mother or father would do something to help. >> most people who support her will support her. people looking for a reason not to support her will use that as a reason not to support her. >> great reporting. l l lucy, thank you. grab an apron. restaurants trying to bounce back as they struggle to find enough workers. now one calling on corporate staff as fry cooks. and first, the original series "diana" introduces you to the princess. it premieres tomorrow night at 9:00 on cnn. here is a preview. >> always different. always see inside me. i was going somewhere different. >> she was going to marry her dashing prince like all the stories she read. >> she was iconic. she was box office. >> dance with the princess tonight? >> if she would like me to. >> before diana, there was zero interest in the royal family. >> i don't think anybody has grown up in public like diana has. >> diana provided a public model for defiance and truthfulness. >> isn't it normal to feel angry and wanting to change a situation this. >> i was able to recognize an inner determination to survive. >> the cnn original series premieres tomorrow night at 9:00 on cnn. it's sleep number's fall sale on the sleep number 360 smart bed. it helps keep you effortlessly comfortable by sensing your movements and automatically responding to both of you. and, it's temperature balancing to help you stay comfortable all night. it even tracks your circadian rhythm, so you know when you're at your best. in other words, it's the most energy-building, wellness-boosting, parent-powering, proven quality night's sleep we've ever made. don't miss our weekend special. save up to $800 on sleep number 360 smart beds. plus, 0% interest for 36 months & free premium delivery when you add a base. ends monday. 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are you putting on an apron and frying chicken? >> yes, sir. fry cook and cashier. all of us, when we join canes, we go through fry cook and cashier training before we go on to what we do. we know how to do this. times like this, we need the help. we are one family. it is the right thing to do. this is more of a volunteering and calling up. it has been good. >> i'm wondering if you had any resistance from your executives. i don't know they anticipate they would wind up in the kitchen, all though they had th training. >> they wind up every year, a one-week certification to be back in the executive rolles. boris, looking at numbers, we are down 10,000 crew members. that is how many we are going to hire over the next 50 days. we call it 50/50. 50,000 crew members in 50 days. we all know we need to put our aprons on and host job fairs and interview people and do what it takes to get staffed up. that's what we're doing. nobody pushed back. people are having fun with it. i get tons of pictures. although i don't like my executives in the drive-thru windows because they slow it down a bit. >> that may slow it down. how long are you expecting the corporate staff to be needed in the restaurants? >> you know, as long as it takes. you know, it is not a calling for a second career or anything like that. we set a goal we started last week in the next 50 days, let's get to 50,000 crew members. we are going into holidays. retail will go up. a lot more temporary job hiring. me, personally, i believe in 30 days, we can get staff where we need it to be. we will do all it takes. we have 750 corporate staff all over the country. i'm away working in other mar markets. >> a.j., what is the biggest issue w issue when you sit down with potential employees and they turn it down. what are they telling you? >> wages have gone up. from the beginning of the year, we have seen 25% inflation. in fact, for us at raising canes, we did a 25% wage increase beginning of the year for the front line workers and followed up with thank you bonuses. now following that up with $70 million in wage investment going over the next three weeks. wages are big part of it. i don't know where some of the people just vanished, if i would say that. you are generally seeing lower applicant flow. we are one of the best places to work. once we get them in the door, we get them into the back of the kitchen or front of the counter. generally, applicant flow has been pretty weak. >> not just a creative corporate structure, but hands-on boss. raising canes sounds like the place i want to work if you are a teenager or any pitch to kids looking for work that may want a job there? >> you know, we are a great place to work. we serve no alcohol. we work hard. we have a ton of fun. we are one of the only restaurants who play music in the back of the house while we cook chicken. come work for us. >> i appreciate your time. a.j., thank you. >> get that corporate staff to see what it is like to suit up for cooking chicken. very cool. look at this. streaming from spain's la palma volcano. the images captured earlier today. we have an update on what is happening there just after the break. paul loves food. but his diabetes made food a mystery. everything felt like a “no.” but then paul went from no to know. with freestyle libre 14 day, now he knows how food affects his glucose. and he knows when to make different choices. take the mystery out of your glucose levels - and lower your a1c. now you know. try it for free. visit freestylelibre.us ♪ ♪ ♪ dignity. it demands that we can still do the simple things. so it demands life-changing technology, to relieve chronic pain. ♪ ♪ age before beauty? 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(brad) how does apartments-dot-com help more renters get into new homes than any other site? it's really as simple as taking the ol' power nap. and wakey, wakey... apartments-dot-com. the most popular place to find a place. captain kirk is headed to space. on tuesday, william shatner will blast off from texas for the sub orbital trip to space. he will join three others on the blue origin ship. the voyage is expected to last ten minutes total. at 90 years old, shatner is the oldest person to have flown into space. check this one out. volcanic lava devouring more homes in the spanish island town of la palma. the canary islands volcano has become more aggressive in recent weeks. officials discovered a new crater last saturday. there have been lightning strikes as well. more than 1,000 homes have been destroyed since the volcano erupted first. the clouds of steam forced local residents into lockdown. scary situation. here in the states, we're already looking at the season's first snow. i can't believe it. it is only october. >> you haven't gotten your pumpkin yet, laura and christmas tree decorations at stores. we will talk about that on the other side. extremely warm temperatures heating up. let's go to meteorologist allison chinchar. tell bus about the snow. >> this is from lake ttahoe, california. this is yesterday. this is the same system for today and tomorrow that will be moving through into the intermountain west. the focus is with the first system. i say first because there is going to be two. the second is on the heels. that is pushing into the pacific northwest today. one right after another making its way through the western u.s. once both systems push through, now you are looking at decent snowfalltotals. in the lower elevations, a couple of inches. when you go up in elevation, the numbers go up. 8, 10, 12 inches not out of the question for the several day total. you can't get snow without cold temperatures. take for example salt lake city and reno. 15 degrees below average for their high temperatures. those low temperatures are chilly. on the other side of that front, it is the opposite. record temperatures possible not only today, but also tomorrow. take a look at kansas city and oklahoma city. both 20 degrees above normal. those highs getting into the 90s. when you look at some of the areas, look at this. over 30 possible locations could break record highs today and even into tomorrow. the problem is the clash of cold and warm temperatures, it is fuel for severe storms. we have a potential for the severe weather in the upper midwest and the southern plains as we wrap up the rest of the weekend. >> allison chinchar, thank you for the update. >> i'm still holding on to fall. not ready for snow. thanks so much for joining us this morning. thanks, boris, for sharing this saturday with me. we'll be back tomorrow at 6:00 a.m. >> 6:00. set your timer correctly. some more ahead in the next hour of the cnn newsroom. fred is up next. thanks. i can make an indoorsy person, outdoorsy. i can turn anyone into a beach bum. i make memories for people i don't even know yet. i am a vrbo host. ♪ ♪ family is just very important. she's my sister and we depend on each other a lot. she's the rock of the family. she's the person who holds everything together. it's a battle, you know. i'm going to be there. keytruda and chemotherapy meant treating my cancer with two different types of medicine. in a clinical trial, keytruda and chemotherapy was proven to help people live longer than chemotherapy alone. keytruda is used to treat more patients with advanced lung cancer than any other immunotherapy. keytruda may be used with certain chemotherapies as your first treatment if you have advanced nonsquamous non-small cell lung cancer and you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer, but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion or memory problems, muscle pain or weakness, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions including immune system problems, or if you've had an organ transplant, had or plan to have a stem cell transplant or have had radiation to your chest area or a nervous system condition. it feels good to be here for them. living longer is possible. it's tru. keytruda from merck. ask your doctor about keytruda. i strip on public transit. i strip with the guys. i strip all by myself. breathe right strips open your nose for relief you can feel right 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(brad) everyone is discovering the power of 5g. but we've been helping millions of renters get into 5g for years... and also 6g. and 4c. and 2r. and 7l... apartments-dot-com. the most popular place to find a place. in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. hello. thank you for joining me. i'm fredricka whitfield. a source tells cnn that dan scavino has now been served with a subpoena. scavino is one of several former trump aides over the january 6th insurrection wants to appear on capitol hill next week. this is all over a showdown of executive privilege. president biden is rejecting the request to withhold the records from the committee. trump is trying to assert executive privilege to keep documents secret from th

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