thank you for joining us. i'm fredricka whitfield. we begin with another twist in the back and forth battle over abortion rights in texas. late friday night a federal appeals court reinstated the state's restrictive aborges laws banning procedures once again. the decision pauses a lower court's ruling made days ago that found the abortion restrictions were likely unconstitutional. the texas law is one of the most restrictive in the entire country. it bans all abortions after six weeks. before many women even know they are pregnant. no exemptions for rape or incest and allows private citizens to sue abortion providers. the law has provoked women seeking the procedure to find care in neighboring states, overwhelming some clinics. >> under normal circumstances about 18% to 20% of the women we see are from texas. at this point in time we're running closer to 60%. >> we'll have much more on that in a moment. meantime right now experts are seeing reasons for optimism where the u.s. averaging the lowest number of daily new infections of covid since august. the number of people hospitalized with covid-19 is down by more than 30% from last month, and deaths beginning to drop as well. cnn's polo sandoval joining me now from new york with more on this. polo, what are you learning? >> reporter: optimism is right here especially when you look at the numbers there. it certainly is clear that much of the country, the situation is improving though not in all states. you have places like utah or alaska, for example, still seeing not only high infection rates but hospitalizations that are either at or near capacity of covid patients. 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 many health experts say 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 are that really well vaccinated and really well protect and pockets of places that have very low protection. and the virus isn't stupid. it will go there. >> reporter: that concerns the current white house and the last. testing czar that served under the trump administration agrees the nation is in a promising point. the war against covid is far from other. >> this was associated with an increase in vaccination rate, more testing and about doubling the maverick wearing. so american people did the right things. we're not out of the woods yet. as the surgeon general said there's a lot of americans who don't have natural immunity and have not been vaccinated. >> reporter: most of the lower 48 seems to be turning a corner alaska remain on high covid alert. this week state health officials reported a covid case count five times greater than the national average. 20 of the state's medical facilities implemented charisma standards of care. last resort where medical professionals have to offer care. pfizer seeks authorization for its vaccine for children. vaccine advisors at the cdc will meet in the next couple of weeks to discuss moderna and j&j boosters and early november to discuss pediatric covid vaccination. that reduces the likelihood that u.s. children 11 and under will begin receiving shots before halloween. that translate to an ongoing waiting game for parents of those children. staying on the issue of children. new research indicates orphanhood is emerging as a tragedy. at least 120,000 children lost a primary caregiver to covid as of this past june. parents or grandparents and 65% of those children are minorities. >> let me ask you about the crazy that's still associated with covid-19, an apple store security guard in new york city is recovering today after he was stabbed while trying to enforce his store's mask policy. what more can you tell us what happened and how he's doing. >> reporter: it was a 37-year-old security guard at that apple store and apparently was stabbed, sustained nonlife threatening injuries while enforcing the maverick mandate. this is a hot button topic. one that's turned violent. >> thank you so much. appreciate that. >> back now to the battle in texas over abortion rights which is our top story this hour. a federal appeals court reinstated the state's restrictive abortion law, essentially banning procedures once again. joining us now to talk about what this means, the founder and ceo of whole women's health which operates several clinics inning the and a handful in other states. amy, so good to see you again. now give us the latest and how are you gauging desperate measures women are taking to get care across state lines right now? >> so, it's ground zero in texas right now. we had to cancel appointments because -- the reversal of the injunction yesterday. it's heartbreaking what these folks have been on. it's a roller coaster. so now we're back to where we were a few days ago. we can only provide care up to six weeks into the pregnancy and then folks over that point need to figure out how to travel out of state which for most of our patients it's difficult, they are parenting and juggling schooling and jobs during the pandemic. others are in the wait and see game wondering if they can prevail. >> can youus, you know, any specific journey someone that you've had interaction with without revealing their identity to give people a more clear idea of what these women are going through? >> sure. you know, you have to remember that abortion benefits everybody not just women. there's men. there's communities that rely on this health care. >> our signal is -- >> it's great. >> amy, you're terrific and i know you have a wealth of knowledge and former and we want to try to do this again. the signal right now is so terrible that your message is not adequately being conveyed. we'll try another time. thank you so much. all right. coming up, the search for brian laundrie continues as people and dogs scour a florida nature preserve for the missing fiancee of gaby petito. a k-9 search-and-rescue specialist and doby, the dog right, there the k-9 specialisi will be joining me life next to walk us through how w dogs coul be the key in finding brian laundrie. football, is a game of inches. 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 secure connections, per second. when the game is on the line and the game is always on the line touchdown! the nfl relies on cisco. 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the florida nature preserve that they've been pouring over foreclose to four weeks now. authorities have brought in search teams even dogs to try to find the fiancee of pet. so far still no signs of laundrie. my next zbeguest is a k-9 search-and-rescue and author of "go find." dolby is a k-9 searcher. he's a special retriever and likes the camera already. susan, tell us, you know about the role that dolby and other dogs would have in trying to carry out a search like this. >> yeah. it's fascinating, and incredible for me after two decades of training search-and-rescue dogs that dogs are being highlighted with this case of finding brian laundrie. the sooner you can get dogs on scene the more successful they will be, and it's good for everyone. >> tell me how it works. how does it begin with the use of the dogs? i understand in blood hounds they can hold on a scent for something like 14 days. what is it you would expose dolby or another dog to to search for somebody like lawn. >> fbi went into brian laundrie's house to grab personal items. from a dog handler's points of view that's a scent article. what is scent. here's what the dogs are looking for. think of your body as a big sack of skin. about every second thousands of skin cells shed from our body. there's bugs and bacteria on our skin. every person has their own unique scent. as you walk down a trail or woods you're shedding skin cells. about two-thirds of those cells float in the air and that's when you would use an air scent dog, dogs that have their nose up in the air and looking for the scent aloft or a third of the scent falls to the ground and that's when they bring in trailing/tracking ging dogs and looking for the physical tracks of the person they are looking for. >> you've made this even more fascinating. so then now you have your dogs out there looking for these skin cells on the ground, airborne, all of that. is it strange or unusual then that after this four week search there's no physical trace of laundrie? is it important in terms of at what juncture the dog is brought in to an area like a nature preserve to look for someone who is missing? >> let's talk about bugs and bacteria. think of the human body like inside the nose the common cold. bugs and back the terrifyia like to be in warm, dark protected places. so a scent can stick around for a long time. that's why we get sick because we have bugs and bacteria up in our nose. so the swamp area where maybe he is, that scent might stick around for a while because it's protected by vegetation. can blow into some coverage. . if he was in there within the past couple of days to a week, that scent might still be lingering around. the other thing i wanted to say is that they need to use scent discriminating dogs. when they collected that scent article from brian's house where nobody else has touched it, it might be like a baseball hat or his pillow case even, they give that scent on scen. >> we talk about swampy, damp area, would there be anything that would obstruct the dog's scent or ability to pick up on a scent? >> well, it's complicated because it's 24,000 acres. that's like 38 square miles. but what people -- what your viewers might not know is that dogs can find humans in the water. okay. so, one of the theories about scent movement is that warm air rises. so if they are in the water scent rises and then the within takes it away. i saw a water trained dog on a boat and they are looking in the water to see if he's perhaps in the water. and i'm thinking they didn't get any indication or trained behavior to tell the handler that he might be in the water. >> well, susan, you're a wealth of knowledge and former. i mean i'm hanging on every word just like i'm hanging on every vision of dolby because he's cute as a button. thanks to boston you. really appreciate it. all the best. keep us updated on your efforts on this ongoing search. >> thank you. all right. coming up, how former president trump may try to use executive privilege to block the january 6th committee from giving testimony and documents from his associates. is there a legal precedented for this? that's next. i can make an indoorsy person, outdoorsy. i give families a home, not just a place to stay. i am a vrbo host. ♪ ♪ introducing the new citi custom cash℠ card, a different kind of card that rewards rashida where her spending is trending. just ask overly confident diy rashida rashida: wait, was this the right wall? or last minute gift shopping rashida rashida: i'm putting a bow on it! wow. even sneaking away for a vacay rashida. rashida: shhh! i've earned this? from home improvement, drugstores, select travel and more earn 5% cash back that automatically adjusts to your top eligible spend category, up to $500 spent each billing cycle. it's your home. and there's no place like wayfair to make the bathroom your dream spa. now that's a spa day. make the new light, make the room. and even make the kitchen sink, the entertainment 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you can save by switching today. comcast business. powering possibilities. welcome back. we're following new developments on the capitol riot investigation. a source tells us dan scavino a top aid to president trump has 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. marshall cohen is covering these developments for us. what do we know? >> reporter: this is the new development about dan scavino who was the brains behind president trump's social media presence. according to sources familiar with the matter, he was served yesterday with that subpoena the subpoena was brought to mar-a-lago and he's been notified and he'll be working with his attorneys on a response. dan scavino, he's the fourth of the first batch of trump aides to get subpoena. the first four people that got subpoenas are trying to figure out what they will do. steve bannon and mark meadows and kash patel. they've given different responses to the committee that's trying to probe into january 6th. steve bannon wants to claim executive privilege even though the legal scholars say that's not going to work. a court battle may be in the future there. mark meadows and kash patel, lawmakers said they have engaged constructively with their attorney. no decisions yet on what will be or won't be turned over. so it's a slow process. every week we come back and give the latest. last time it was subpoenas. this time it's a response. we'll see if we go to court the next time. it takes a long time to work its way through. this is a break through and the first step where they try to get their hands on these documents and get some depositions too. >> it was notable you said these four are part of that first batch to receive subpoenas, so more is coming around the corner. so president trump is trying to claim executive privilege over documents as well? >> he is. he's trying. he really wants to but it's really not up to him right now. in addition to these aides and associates of the president, former president trump the lawmakers on the committee sent requests to tons of government agencies, most importantly the national archives. those are the people here in d.c. that actually have custody of trump's records from the white house. because he's the former president. he's down in mar-a-lago in bedminster. he doesn't have these documents any more. it's up to biden and the biden administration to decide whether to turn them over. former president trump kplanld. he said they should be shielded and stay secret but the biden white house has made its own determination that at this point for this initial batch of documents they are not going to use executive privilege and here's why. let me read this for from you the white house counsel of the biden white house. she said quote the constitutional protections of executive privilege should not be used to shield from congress or the public, information that reflect as clear and apparent effort to subvert the constitution itself. what is she talking? of course she's referring to president trump's unprecedent and disturbing effort to overturn the 2020 election. >> already. marshall cohen thank you so much for that. joining me now to talk about all this, a former federal prosecutor and host of the podcast "that said." michael so good to see you. so what do you make of donald trump's claim to executive privilege to protect against the release of documents or eyewitness accounts, even though he's no longer in office. >> so, the president, the former president has a right to his opinion. and if this goes to court, that opinion would be considered. but due deference is given to the current president. executive privilege concept is to protect the government from having to disclose secrets that it thinks are to be protected. the government doesn't think that it needs be protected as marshall said in the letter from white house counsel and so the court i think will in balancing trump's desires versus biden's assertion that there is no need for privilege should rule in favor of disclosure. we saw the exact same thing happen with richard nixon after watergate they tried to get documents that he thought should be retained in privileged capacity and that went to court and the court ruled against him. i think that should be precedent here too, fred. >> meantime a lawyer for steve ban norngs among those subpoenaed in that first batch that marshall is talking, says the former president instructed him to defy testimony. so if that's the case, is this obstruction? can a former president potentially face an illegal repercussions or does he have immunity from doing something like this? >> so my expectation is that this has been a bit exaggerated in the language. my expectation is, are that trump said to him i'm asserting privilege and you should not, therefore, cooperate. that would not be legal obstruction of justice. what would be obstruction is if this went to court and the court ruled that bannon must testify and then he on his own defied that order or trump ordered him in some way to defy that order, then you get into the question of whether is that legal obstruction? i think we're a step or two before that the at the moment though, fred. >> so how is the justice department poising itself at this point since we're talking about house select committee. >> right. so if they decide, any of these people who have been subpoenaed not to cooperate, and, therefore, are held in contempt or of congress, congress then in a criminal contempt context go the justice department and says prosecute these guys. we want to bring them to court and charge them with obstruction of the subpoena, and if the justice department agrees to do that, then the court would determine whether or not there was a valid basis to refuse to testify and if there wasn't, and order to testify and they testified, fine. if they don't testify then the court can hold them in criminal contempt, jail them, fine them until they get the testimony that they are entitled to. >> fascinating. this is just the opening chapter. >> exactly. >> thank you so much. always good to see you. >> thanks. coming up next, a bottleneck of ships off the coast is causing a crunch of ship of goods. we'll cover it from crowded port to higher prices you're now paying at the stores. this quick programming note. new cnn original series "diana" will introduce us to the person behind the princess and show a life much more complicated and interesting than the world knew. here's a preview. ♪ >> i was always different. >> she was going to marry her dashing prince like all the stories she read. >> she was iconic. she was box office. >> will you dance with the princess tonight? >> if she would like me to. >> pre-diana there was zero interest in the royal family. >> i don't think anybody has grown-up in public like diana has. >> diana provided very public model for 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factsonhand.com in the pacific ocean the two largest ports in the nation, los angeles and long beach are clogged. unprecedented number of container ships anchored. we take you to the sky to show you the ripple effects of this backlog. >> this is where the global supply chain meets the u.s. economy says this coast guard commander. >> more ships than parking spots. >> this bottleneck carry more than half of asian products wanted by americansu consumer. >> zero ships usually stay parked here. but on this day 55 are parked and more drifting further out in the pacific. while worst here. the back up is at all u.s. west coast ports. >> what does that indict about what's happening in the supply chain? >> everybody can see things are slowing down. >> 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. >> while shoppers clicked 24 hours a day. then in the u.s., national labor shortage and limited work hours. port of long beach is just now experimenting with round the clock operations. >> this is a wake up call for us in this industry to realize we can't operate with the model of yesterday. >> the goal cut the wait time for truck drivers. the next link of the supply chain. moving containers out of the port. >> every day five, six hours in the harbor. >> have to wait like six hours. >> six hours? >> six or eight. >> i was in there for nine hours. >> nine hours loss, a time when he could move merchandise. >> national data show there's a truck driver shortage. the problem is even more basic than that. >> the port is backed up, we're backed up. everyone is backed up. it's just big problem. >> it's like a chain reaction. >> exactly. >> 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. >> filled with food. >> waiting. >> 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 70%. prices for ingredients, this restaurant owner has to pay. >> all different products that you had to substitute, you had to change, now 30% more. 50% more. 100% more. >> this location operates in a renovated shipping container. the supplies still out in 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 will happen, right? you don't know what's next. >> how long are these ships going to be float out here? >> i really can't say how long they will be like this. i think we're all going to wait and see how long the ships are out. >> reporter: the consensus from the coast guard to the economists to the workers on the supply chain, this could last into next year. so what does that mean for you? well, start your holiday shopping now. the truck driver you heard from, he's already going through his list because he wants to make sure his nephews get what they want. and maybe the holiday wish list is going to have to be short tear. coming up, it's been controversial for years and now the new york city gifted program will be phased out for a new equitable model. what that means for new york students next. n plans. okay. mom, are you painting again? you could sell these. lemme guess, change in plans? at fidelity, a change in plans is always part of the plan. i'm gonna earn 3% on dining including takeout with chase freedom unlimited. that's a lot of cash back. are you gonna stop me? uh-oh... i'm almost there... too late! boom! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. with 0% parabens... sulfates... ...and dyes. tresemmé's pro pure collection lets you style without compromise. tresemmé pro pure 0% compromise, 100% you. why is cvs pharmacy® america's choice for vaccinations? because we all got the covid-19 vaccine and flu shot. and i could make the appointments right here. save time, schedule online. no wonder cvs pharmacy® is america's choice for vaccinations. sustainability is essential to creating a better tomorrow. that's why cisco is committed to achieving net zero emissions by 2040. and we believe our smart buildings solutions can help. providing power to reduce emissions, intelligence to eliminate waste, and collaboration tools that help the workplace and the planet. between meeting human needs and a sustainable future, there's a bridge. cisco, the bridge to possible. let's check out the hook audrey sent. ♪ i right these wrongs like rhymes ♪ ♪ o like me oh my ♪ ♪ land and sea, that's mine ♪ ♪ and pardon when i shine ♪ ♪ hands to the sky, all mine ♪ ♪ woah, woah no ceiling woah woah good feeling woah woah ♪ ♪ i might send it up ♪ ♪ ♪ welcome back. new york city is ending its gifted student program. officials say they will reblats a more equitable model by next year. one of the main criticisms of the existing program was that it was exclusive. some students tested at 4 years old before they ended in kindergarten qualified for the track. they pointed to the addition proportionate racial makeup for enrolling too few black and hispanic students. good to see you. >> good to be here. >> so first up, can you expand on why some people thought new york's gifted program was not working? >> well, what you described. you had under representation of black and latino students especially relative to their pope allocation in the overall school district and you had these practices of testing when kids are 4 years old. when you're testing at 4 years old in many cases folks would argue you may be driving inequality before. so that was the concern. i think the concern on the other side, though, is maybe and it is a maybe, we might be throwing out the baby with the bath water, testing at 4 years old maybe that's not the right thing, maybe you should wait until 6 or 7 years old. even though you may have underrepresentation of black and latino students you still have a lot of black and latino students in those programs and whenever you remove something like this, oftentimes the middle income, higher income families will find other solutions or might leave the system while then you have low-income students or black and latino students who are left with nothing else. the district has said that they want to take a lot of what the gifted program intended to do which is really more personalization, stretching the kids who are ready for it and bringing that into the mainstream classroom and that's something we believe very strongly in that you can create a world where every student can be on their own learning. path and master things. if you do that you don't have to separate kids physically. on the other side of that it's nice to have some of that in place before you remove some of these programs because in some ways it could drive -- >> segregation. >> yes. >> so students from gifted program will return to standard classroom. how can teachers account for kwhoot be a very wide gap between those students? like you said without something transitioning, how are they going to tackle this, meet the needs of those who have gained significantly frk in the gifted program to those who, you know, had been struggling perhaps or didn't get a chance. now you got them all together. everybody's learning paces are different and their needs are different. the. >> exactly. my understanding how they will fatz out they won't turn off the gifted program tomorrow. students already in it as they age they will keep those program but not enter new kids. there won't be new kindergartners next year. but the point our make is a real one. even before the pandemic that in your average classroom in america you can have as many as seven grade levels of performance. some are three grade levels behind. some three grade levels ahead. the pandemic made things worse. a lot of learning loss. a lot of unfinished learning for some kids who could be more than three grade levels behind. teachers always taught to the 23 percent tile. you have 22% kids who are still lost. it's hard. this is where we've preached use online tools. this is what our academy is built for. every student can learn at their own pace. master concepts an teacher can see in real-time where they are and do interventions. this is a model we have hundreds of thousands of teachers working with students. we have 120 million students on the platform. half are classroom learners. at the same time these type of practices are not as mainstream as we would like. a place like new york it's not the mainstream practice. to your point if you're getting rid of a program like this that even though you had underrepresentation of black and latino students there were a lot of black and latino and low-income kids in these programs. i do worry as you get rid of them, these kids how do you keep stretching them. one of the other issues is there's fear these programs cause segregation within the school district but could create a bigger fear where some families say hey this was a program good for my kid, a lot of potential, i'll look at public charters or something else. >> let me ask you something else which is very complicated. a portion of biden's economic agenda it added voluntary indicates for more support and resources for america's schools. you were talking about the disparity particularly of early age kids and part of his package or his desire is to have pre-k education fund. so what is your message as congress debates what should be on the chopping block, what shouldn't, and how you delineate adequate costs. >> universal pre-k is a great idea. florida has pioneered this. i think there's no reason why we can't do it nationwide. so i think that has the highest bang for your buck. a lot of research to back that you want. how it's implemented a lot of defini devil in the details. free community college. high leverage, lot of bang for the buck. and community college has done a pretty good job of holding costs in line although heavily subsidized. some people are arguing we need to increase some things like the pell grant program to keep up with the cost of four year stoorgs. do you want to make colleges accessible but put pressure on the four year institutions to keep increasing tuition at three or four times at the rate of inflation for decades on end. there needs be a check on that. from my vantage point i'm a big fan for more resources for education. but as a taxpayer it's not just about resource but it's how efficiently you can use those resources. >> thank you so much. >> thanks for having me. now this week's cnn herro. heather be a sbot a survivor of the boston marathon bombing. she was hit by one of the blasts and suffered below the knee amputation of her left leg. she turned tragedy into triumph creating a foundation raising millions to help amputees of all ages. on monday she will be back at the finish line of the 125th boston marathon, cheering on runners. >> i heard the first explosion ahead of me. stoned explosion happened to my right. that's the last thing i knew before i landed on the ground. i was in the hospital for several days while doctors were deciding whether or not to amputate. it was hard to come to terms with the fact that i am an amputee at first. and had my injury not happened in such a public way where there was so much assistance available, i never would have been able to afford multiple prost prosthetics. i decided to do what i could to help people get those devices that simply couldn't get them because they were out of reach. it has been life changing for them and a lot of them remind me of that. it feels very rewarding to be able to do that. >> amazing. to see more go to cnnheroes.com and we'll be right back. you, and part of that evolution means choosing the right medicare plan for you. humana can help. with original medicare, you're covered for hospital stays and doctor office visits but you'll have to pay a deductible for each. a medicare supplement plan can cover your deductibles and co-insurance, but you may pay higher premiums and still not get prescription drug coverage. but with an all-in-one humana medicare advantage plan, you could get all that coverage plus part d prescription drug benefits. you get all this coverage for as low as a $0 monthly plan premium in many areas. humana has a large network of doctors and hospitals, and telehealth coverage with a $0 copay. so call or go online today and get your free decision guide. discover how an all-in-one humana medicare advantage plan could save you money. humana - a more human way to healthcare. 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