committee will decide whether to hold trump ally steve bannon in contempt for defying its subpoena and refer the matter this sets in motion a process which really hasn't been used in decades. now, bannon is hanging his defiance on a claim of executive privilege, but that's something the current white house vigorously opposes. cnn has obtained a letter from white house deputy counsel that states the biden administration will not support any attempt by bannon to refuse cooperation with the house committee. >> this issue took on more urgency last night. former president trump suing the january 6th committee and the national archives in a bid to keep documents under wraps. the committee calls it a stall tactic. the white house is doubling down on its position, claiming trump abused the office of the presidency and attempted to subvert a peaceful transfer of power. the national archives will turn over documents early next month if the courts do not intervene. >> so what happens now? i'm joined by cnn senior legal analyst ellie honing, former state and federal prosecutor. steve bannon defying a subpoena. the house committee will vote whether to hold him in contempt. walk us through. >> big step today, but it is only the first step. this is a three-step process. later today, the january 6th select committee will vote whether to hold bannon in contempt. we expect that to be a unanimous yes. then the case will go over to the full house of representatives. of course, it's under democratic control. then if the full house needs to vote for contempt by a majority, that's all they need, then the real moment of truth. it goes over to the justice department. they are the ones who will decide whether to prosecute. the big decision here will be made by the attorney general, merrick garland. this will be a legacy-defining decision for merrick garland. we've seen an interesting thing happening in recent days, however. leading democratic polcluding a president himself, some of who claim the prior doj was politicized, have been putting pressure on merrick garland. adam schiff said we weren't able to do things under the previous administration paubecause doj wasn't doing their job. biden was asked if he wants to see bannon charged with contempt, and he said, "yes, i do." >> what crime will steve bannon be charged with? >> there is a federal crime for contempt of congress. any person who, having been summoned as a witness by the authority of either house of congress to give testimony or make papers, commits a crime. this is an interesting crime. it is a misdemeanor, the lower level. there's felonies and misdemeanors. the maximum, the most penalty there can be here is 12 months in jail and a $1,000 fine. what's interesting is there is a minimum of one month in prison. if you get convicted of this, if steve bannon gets convicted, he goes away for one month no matter what. that is very unusual for a misdemeanor. now, there is going to be a process here if doj decides to charge. first of all, case needs to go to a grand jury who can indict steve bannon. because it is a misdemeanor, it doesn't technically have to go to a grand jury. in all likelihood, doj will want to do that. defense will bring motions. we'll hear steve bannon say executive privilege, attorney-client privilege. he'll get a chance to make the arguments. i think there is no merit. then there will be a jury, and they'll decide whether he is guilty or not guilty. then there is an appeal. this is going to take a bit. >> so the history here has been decades since this has been used. >> there is a bizarre history le here. the last time anyone was charged criminally with contempt of congress was 1983. i was 8 years old, long time ago. rita lavelle, epa administrator. thing is, rita lavelle went to trial and was found not guilty. she was acquitted. she said she was too sick, couldn't afford the plane ticket out. the jury sympathized with her. since then, this has not been charged criminally. we've seen over the last decade four different people who the house voted for contempt but doj voted not to or decided not to charge them. now, why is that? doj has a policy that says we generally should not be charging executive branch officials, all four these folks were executive branch officials. two were the attorney general. awkward for doj to prosecute its own poss. >> separate but seriously connected to this is the battle over executive privilege. former president donald trump suing the national archives to block the release of documents that the committee wants. what is the legal argument there? >> donald trump has put in his lawsuit. we're headed potentially for a major showdown here. trump makes three arguments in his motion. first of all, he says this subpoena for documents is an attempt to intimidate and harass. that's just add homonym. there is no law behind that. second, trump argues the committee has no legitimate purpose. they can only get the documents if they're going to pass new laws. first of all, that is not necessarily the law. the committee has an investigative function. second of all, this committee may recommend new laws. by way of example, the 9/11 commission absolutely did recommend new laws, some of which were enacted. the last claim here, donald trump is saying ing executive privilege. he is the former president. former president has some ability to try to claim executive privilege. generally speaking, if the current giudice agrees, then the current guy prevails. we know where the current guy stands. in a letter we've obtained, joe biden said essentially, i reject in claim of executive privilege. the former president's actions represented a unique and existential threat to our democracy that can't be swept under the rug, as president biden has determined. the constitutional protections of executive privilege should not apply here. >> in their statement, interesting from a political and legal standpoint. also, the current white house said the former president abused his power, suggesting there was a crime possibly committed. executive privilege, you don't get it for potential criminal activity. >> executive privilege is not designed as a shield. it is designed to protect certain, not all, certain confidential communications. brings us right back to merrick garland. he'll have a big decision to make. >> there's a lot going on. thank you for explaining all of it. every hour today could bring new developments in this. >> absolutely. on capitol hill, a critical day for the fate of the biden agenda. seems to be some movement, some progress in the standoff between liberals and progressives and moderates in the democratic party. senators joe manchin and bernie sanders, complete opposites on how much to spend and for what, they're finally meeting, talking, they say. the same goes for manchin and the leader of the progressives in the house. congresswoman pramila jayapal. biden is set to hold two in-person meetings today with both factions as negotiations heat up over infrastructure and social structure bills. let's talk about with this former ohio state senator and co-chair of the bernie sanders' 2020 presidential campaign. nina turner with us. and political commentator and former adviser to president bill clinton. nina, we see this moment playing out yesterday outside of the capitol. a photo-op for senator manchin and biden. how encouraging is it they are talking? >> talks with senator manchin has been happening for a long time, including the president of the united states himself. i am glad senator sanders had the courage to smoke out senator manchin by writing the op-ed, forcing him to have this conversation. conversation is always good, but it just can't go on forever. brie ynan brianna, the longer they're in talks, the less likelihood we'll have the strong package needed to elevate and uplift the american people who need it the most. this cannot be pushed down the road. we don't know what may happen in 2020, so we need to get this done right now. >> these two had not been in talks. we, of course, have been seeing talks going on for some time, not between senators sanders and manchin. i wonder for you, paul, what does manchin need to budge on here when we're talking specifically about policy provisions? >> well, i mean, he's got to figure out. i think what he needs the most is bernie sanders telling people in west virginia that joe manchin is no socialist. the op-ed that needed talked about was run in the west virginia paper. manchin was said to be angry. maybe he was. i have to tell you as a political strategist, nothing would help manchin more than for bernie to be attacking him in whe west virginia. democrats lost every county in west virginia in the presidential election. he you said i worked for president clinton. we had gun control, gay rights, the brady bill. tough things. this is an easy vote. my fellow moderates need to understand, you can sell this. the biden build back better agenda is popular. 67% want universal pre-k. 88% want lowering the cost of prescription drugs. 81% want vision and dental care for seniors. this is popular. why are we having a hard time agreeing to something that is so overwhelmingly popular? >> well, in west virginia, of course, paul, there are issues with some of the energy and climate provisions in the bill, right? what does manchin need to budge on there? what can he really sell to west vir virginians? >> nobody knows that better than joe manchin. not another democrat can win that state, in my opinion. i hate seeing the climate stuff go. hate it. just like i hated seeing the public option go from obamacare. but i would say to the progressives, you've got to vote for a bill if it improves the status quo, right? if it is better. if it is progress, not perfection. i don't like seeing people vote against a bill for what's not in it. i wanted a public option in obamacare. we didn't get it. i'm glad we passed it anyway. what was in it was better than what we had. i think, frankly, manchin is more progressive than he gets credit for, and bernie is more pragmatic. i love these guys are talking. >> senator turner -- >> brianna? >> sorry. go on. >> the labels. i mean, i'm sorry. pragmatic, practical. people are literally losing their lives and livelihoods while people play games. we are already at the compromise position, and that is what we must understand here. look, the overwhelming majority of west virginians agree with this. west virginia is one of the poorest states in the united states of america, and you have a senator who is set for the rest of his natural life, and so are his children and his children's children, and he wants to negotiate away? senator manchin, what do you want to negotiate away? is it child care? is it the implosion of mother earth? is it health care? brianna, he's not saying what it is. this is not about who is pragmatic and who is practical and who is progressive. this really is about in this moment whose side you are on. let the american people remember this, $6 trillion was the original number. we are down to $3.5 trillion. how low are we going to go to sacrifice the poor, the working poor, and the barely middle class in the united states of america? the senate just gave, i think, $10 billion more to the military budget than what was asked for, but then you want the american people to take crumbs. it's just unconscionable. >> paul? >> oh, well, i have a different definition of crumbs. $3.5 trillion or $2 trillion is not crumbs. by the way, if you add it all together, the biden america rescue package, $1.9 trillion, already law. the infrastructure bill i think will pass, $1.2 trillion. $3 trillion right now. if they compromise around $2 trillion on the build back better plan, that's a $5 trillion package. that's a lot of money. i mean, $5 trillion is more than the size of the entire american economy when ronald reagan was president. it would be the biggest spending we've ever done in modern history. i think it would go to the middle class. i think it'd be very good for this country. i think it'd be good for the democrats politically. but they have got to get something through. something is better than nothing. if they get nothing, then nothing is what they will have in the election. we have got to deliver for people. >> senator? >> in that, we do agree that we have to deliver for the people. this is over ten years. first of all, this country has neglected both its human infrastructure and our physical infrastructure. so, again, to tell the american people to just accept. $3.5 trillion is the compromise. i'm glad to see the president having meetings with both progressives and also core democrats. but this is it, the democrats control everything. let's get this done on behalf of the american people. there's a mindset shift, paradigm shift, that i reject what paul is saying here, that the american people have to accept anything. why can't we just have the $3.5 trillion? that is the question. if the overwhelming majority of the democratic caucus in poet c both chambers agree, and the overwhelming amount of americans agree, and say build back better is the way we should go, the question becomes, what is the problem? i'm going to tell you that, what it is. the owner donors don't agree. that's what the problem is, and that is why it is taking so long. that is why you have two senators out of the entire caucus, democrats, let me be clear, holding out on the american people when they come from states where people are suffering. the last time i checked, there are poor people and working poor people and barely middle class people in the entire country, and all we're asking for right now is that we stand up and do something for those peecople. that is not much to ask, especially since we're giving extra money to the military budget. >> senator, you mentioned two senators there. the conversation you guys are having is essential to this process. is kyrsten sinema having this conversation, paul? where is she? because all of this is moot without her. >> that's a good point. look, i think joe manchin has been clear. i don't agree with with he is, but he has been clear. in fact, he sent a letter, reportedly, to senate majority leader chuck schumer in july listing out his problems with the clean energy and climate issues. so he's been pretty clear and pretty transparent. hasn't made senator turner or a lot of people happy, but he's been clear. there's been less clarity out of senator sinema, and she owes a duty to sit down with the progressive members of the democratic party and cut a deal. ultimately, this is going to be about joe biden. the president of the united states, who served in the senate for over 30 years, 36 years, he's going to have to sit these folks down and force them to compromise. the thing that's driving me nut it is if the democrats fail, it is certain the republicans will take the house, maybe the senate. this is not like your father's republican party. this is a party that has been infected with insurrectionism. this could -- i'm serious. if the democrats don't get their act together, this could be the last act for american democracy. >> even if they succeed, republicans may take over congress. that is the reality here. paul, senator, i want to thank you so much for having this spirited conversation this morning. thank you. president biden will be discussing his ambitious legislative agenda with cnn's anderson cooper in a town hall this thursday night. tune in for thatta at 8:00 p.m. eastern. big developments in two separate international stories. in haiti, we have some new details about where the kidnapped americans are being held and the ransom, a huge ransom, that a local fwgang is demanding for their release. live from port-au-prince. >> reporter: north korea firing a ballistic missile into the waters off japan. how is -- responding? 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you've got to, roll it back everybody! we all go, why not enjoy the go with charmin. pnc bank believes that if a pair of goggles can help your backhand get better then your bank should help you budget even better. virtual wallet® with low cash mode℠ from pnc bank. one way we're making a difference. breaking overnight, north korea firing off at least one ballistic missile, prompting strong reaction from south korea, japan, and the united states. cnn's will ripley joins us live. will, the significance of this action? >> reporter: well, just like all of the other launches that have been happening in recent months, this is a violation of u.n. security council resolutions. what makes this one particularly concerning, some analysts say, is that it appears this missile may have been launched from a submarine. north korea back in 2019 tested a submarine launch missile from an underwater platform. they hadn't yet perfected the technology to actually, you know, do it from one of their submarines. an aging submarine fleet, mind you. these are not like the united states' nuclear submarines, which basically guarantee u.s. naval supremacy in the region. it is potentially a new opportunity for north korea to sneak in and launch this ballistic missile with very little warning. in the last month, they've tested a hypersonic missile, traveling five times the speed of sound. only china and russia deployed the technology. u.s. is testing it. they also say they've tested a long-range missile. this is part of kim jong-un's pledge of an invincible army. after diplomacy with former president trump fell apart, he started ramping things up. it's playing out here. >> agitating publicly so. thank you, will ripley, for your reporting. also breaking overnight, the "wall street journal" reports a haitian gang who kidnapped 17 missionaries, including 16 americans, is demanding $1 million for each one of them for their release. $17 million here. we also have some new details about where the missionaries are being held. cnn's joe johns is live in port-au-prince, haiti, with more. this is a steep ransom, joe. >> reporter: that's true. and it is a huge escalation from what this group, 400 marozo, has done in the past. they've done many kidnappings, and they've asked for a few thousand here, a few thousand there. now, asking for $1 million. they've been allowed to escalate because they've operated in a vacuum. first, they started out stealing livestock. then they moved to stealing cars. then they moved to kidnapping individuals. now, they're kidnapping groups. before, it was usually locals, people from haiti. this time, of course, we're talking about americans. it's created an international incident. i think some of the other reporting we see from the "wall street journal" also shows that not only are haitian authorities involved in the negotiations, but also professional negotiators from the federal bureau of investigation, including from the miami field office, have been involved. of course, the bad news, and some of the worst news, is that there's just no end in sight at this stage. these negotiations could go on for weeks or even months. so we have also learned a little bit more about where these 17 individuals, 16 americans, we believe, at least one canadian, are being held. they were taken off of the road saturday midday from a suburb of port-au-prince. they went there to see an orphanage and were brought off the road at that time. we believe they're being held in a safe house somewhere near there. back to you. >> joe, thank you so much for the new details. it may not matter which covid vaccine you get when it is time to get a booster shot. the fda actually set to green light mix and match boosters. plus -- wait for it. wait for it. glory! the red sox hit another grand slam. another playoff victory. another reminder where the yankees are, at home watching on tv. ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom ♪ ♪ for me and you ♪ ♪ and i think to myself ♪ ♪ what a wonderful world ♪ a rich life is about more than just money. that's why at vanguard, you're more than just an investor, you're an owner so you can build a future for those you love. vanguard. become an owner. it's my woke-up-like-this migraine medicine. it's ubrelvy. one dose can quickly stop my migraine in its tracks within 2 hours. don't take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. new details this morning about an expected announcement from the fda about mixing and matching coronavirus booster shots. the agency is planning to allow americans to get boosters that are different from their initial doses. joining me is dr. khan, dean at the university of nebraska medical center, former director of the cdc's office of public health preparedness and response. this would mean, doctor, that if you got the pfizer vaccine, you could get a moderna booster. perhaps more importantly, if you got the johnson & johnson vac vaccine, you could get a moderna or pfizer booster. why is that significant? >> good morning, john. you're spot on. this is really good news for those who got johnson & johnson vaccine. their booster can now be with one of the mrna vaccines. that's good news because these people have been waiting for months to get official confirmation on getting vacc vaccinated. we know the m mrna vaccine will give them a better immune response. physicians are recommending this. nice to have policy line up the practice. >> one of the things people should know is that for moderna and pfizer, the booster is recommended six months after the second shot. for johnson & johnson, two months after the single shot. why is that important? >> essentially, anybody who got johnson & johnson right now today is eligible for their second dose. and the johnson & johnson vaccine should have had a recommendation a long time ago for that booster. so it is disappointing it's taken this long to have the recommendation out. >> to be clear, there is some evidence, and the trials have been small on this, not huge trials, but some evidence that mixing the booster shot, getting a different booster from the previous shot might actually enhance your protection. what do the studies say? >> yeah. the study most recently shown in the u.s. shows a difference between a 74-fold increase and a 4-fold increase. we should remind people this is already policy in canada and other countries. they follow the equivalent of a johnson & johnson vaccine with an mrna vaccine. essentially, our policy is lining up with other countries' policy, as well. >> one quick question on the path forward against the pandemic. cases are dropping nationwide, but there are some counties in the north where you are startling to-- starting to see e rate of cases increase with colder weather. what is your concern as we head into the colder weather? >> this is the bigger issue, right? lovely that people can get boosters. how do we get the 76 million americans who have not been vaccinated their first dose? that's what is going to help us get this outbreak under control. in addition to the other measures. the drop-off actually, john, isn't as steep as we've seen in the past. it is really slow, and that's because other states, we're starting to see an increase in cases. the message remains the same, go out and get vaccinated if you've not yet been vaccinated. it is safe. it is free. it works. >> dr. khan, thank you as always for your insight. >> mask on, john, and get vaccinated. >> always. thank you, dr. khan. washington state's head coach fired for refusing to get vaccinated. we have new reporting on how players and fans are responding. plus, gabby petito's mother speaking out in an interview. her message for brian laundrie's parents. is couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ imagine having someone else do your books for you. as your quickbooks live bookkeeper, i'll categorize expenses, reconcile accounts, and close your books. cool. - yep. know where your business stands. intuit quickbooks live bookkeeping. i had no idea how much i wamy case was worth. c call the barnes firm to find out what your case could be worth. we will help get you the best result possible. ♪ call one eight hundred, eight million ♪ after my car accident, ♪ call owondnder whahatmy c cas. eight million ♪ so i called the barnes firm. i'm rich barnes. youour cidedentase e woh than insurance offered? call the barnes firm now to find out. yoyou ght t beurprpris new this morning, pain as washington's football coach as well as four assistant coaches have been fired for not complying with the state's coronavirus vaccine mandate. joining us now to talk about this is "usa today"'s sports national columnist. dan, thank you so much for being with us this morning. i mean, talking about taking one for the team, this coach and his assistant coaches did not. this is just going to gut wazoo's football program. >> yeah, it's a sad day, i think, for the players and assistant coaches who did everything right there. a lot of people followed the mandate, willing to get vaccinated, even if maybe they didn't want to. that's what coaches across the country always try to teach to their players. sacrifice for the team. in nick's case, not only did he refuse to do that, he never really explained himself. this is an issue going back to july, when he was not allowed to go to the pac-12 media days in person because he was the only coach in the pac-12 who wasn't vaccinated. since that day, he has been asked many, many times, what is your actual stance on this? why are you not getting the vaccine? he refused to ever have any sort of public accountability for his own beliefs. so it's an unfortunate situation for those players who now have to finish the season with this makeshift coaching staff. >> it is unclear, right, why he just killed his career, essentially. this is a five year, $15 million contract that he is walking away from. a plum coaching gig at a great school with a great football program. >> yeah. there's only 65 of these jobs in the so-called power five conferences. coaches work their entire careers to try to get one of these jobs. yeah, at washington state, gets off to a promising start to his career, and then this vaccine situation comes up and he never states what his problem is with the vaccine. now, we know he filed for a religious exemption to the state mandate. he was raised as a catholic. that exemption was obviously denied. but what specifically he had a problem with, i don't know. when the religious exemption request was made public, it was through his mentor, june jones, a coach who coached him as a player at the university of hawaii. he was very upset he was outed in that way and never explained anything. just sort of went back to, this is a personal decision. it's just very confusing why somebody would give up a job that good when this will cause him to probably never coach at this level again. >> yeah. well, it is going to cost him. it is going to cost his team. it is going to cost a lot of fans for sure. dan, dan wolken, thank you. >> welcome. so if it is a day that ends in y, the red sox hit a grand slam and won a playoff game. andy scholes with more in this morning's "bleacher report." good morning. >> they get the bases loaded and you think, certainly they can't hit another grand slam. there we go. kyle schwarber, another one. boston, three grand slams in the 162-game season. they've hit three in three games against the astros. the red sox, the first team ever now to hit three grand slams in a postseason series. last night, happened in the bottom of the second. bases loaded for kyle schwarber. he unloaded on that pitch. that made it 6-0, boston. houston just deflated at that point. fenway rocking. boston wins game three, 12-3, to take a 2-1 lead in the series. game four tonight at 8:00 eastern. game three of the nlcs between the braves and dodgers at 5:00 eastern on tbs. monday night football was a thriller. we had seven lead changes last night, tying a record for a monday night football game. second quarter, derrick henry busting through the middle. 21.8 miles per hour on this run. keep in mind, he is 250 pounds. 76 yard touchdown, one of his three on the night. this coming down to the final seconds. bills had fourth and one. bills go for the first down with 22 seconds left. josh allen, as you see there, loses his footing and is stuffed. titans hold on to win, 34-31. finally wanted to take a moment to pay tribute to a cnn sports legend. rick passed away over the weekend. he worked in cnn sports for 24 years, half his life. rick hulsey loved his job, and we loved rick. if there was a spirited sports debate in the office, rick was sure to jump in and give his thoughts. loved rooting for his saints, georgia southern, and the braves. i'm sure rick was looking down with a smile after the braves walk-off wins in games one and two of the nlcs. our thoughts and prayers continue to go out to rick's family. >> yes, they do, andy. we are thinking of rick's family this morning. thank you so much for that. so who was the greatest person colin powell says he ever knew? his answer in what is believed to be his final interview. plus, america's largest port experiencing a record backlog of goods. what impact will this have on the delivery of your holiday gifts? ♪ ♪ when you're driving a lincoln, stress seems to evaporate into thin air. which leaves us to wonder, where does it go? does it get tangled up in knots? or fall victim to gravity? or maybe it winds up somewhere over the bermuda triangle. perhaps you'll come up with your own theory of where the stress goes. behind the wheel of a lincoln is a mighty fine place to start. 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. officials at the port of los angeles say cargo congestion has eased significantly since going to a 24/7 operating schedule, but some instances cargo isn't moving, leaving 200,000 shipping containers gridlocked off the coast. the backlog comes as demand for retail items is increasing. we go to the latest on this. such a problem, vanessa. >> reporter: such a problem. we're not talking about shipping delays anymore. we're talking about cargo has simply not going to arrive in time for this holiday season. we visited with one toy company who says kids should not expect to get everything off their wish lists this holiday season. in this small new jersey office, a herculean attempt is under way. it is the unofficial logistics center working desperately to get toys into the u.s. in time for this holiday season. >> okay. just giving you an update on the container situation at the moment. >> reporter: president frank thiessen is manning the operation. had you ever worked in logistics before? >> only peripherally, not directly. >> reporter: why did you have to get directly involved into log logistics? >> the global supply chains we're facing. >> reporter: cargo vessels, order numbers, arrival dates tracked with precision. >> the first thing in the morning is really checking the backlog in the warehouse. >> reporter: boxes of toys at the well-known stock car maker are waiting for a ride. >> we have 25, 30 containers which are just missing, which will not be here. >> reporter: that's 30% of their holiday product. it's one of many companies dealing with a supply chain nightmare. with port congestion, containers shipped in may are just arriving to the u.s. warehouse in atlanta, five months behind schedule. >> we have seen such a surge in the last 90 days. >> reporter: angela higgs runs the freight forwarding company, getting the product out to retailers as quickly as possible. >> one delay after another. we, of course, have been pushing and pushing. but these delays are inevitable right now. >> reporter: with nearly every u.s. port facing a backlog, the warehouse is using all of them, piecing together a working supply chain. >> we're just going everywhere we can. otherwise, these goods are not going to get to the stores, and i'm not going to have anyone missing out on their toys this season. >> reporter: to try to help with that, president biden announced two major ports in california will move to operate 24/7. but for thiessen, the problem now moves from the sea to the land. does that help you guys? >> no, it doesn't help. it doesn't alleviate the problem, which we then have once the containers are off. there are not enough freight containers to move it on land. >> reporter: this trucking shortage is the weakest link of this supply chain. if the trucks can't get to the ports and move cargo, ports are backed up. there is a growing consensus amongst officials that this supply chain crisis will go well into 2022. buy early. don't expect to get everything you want. this season, expect to pay higher prices. john? >> a huge disruption. vanessa, thank you for that. >> thank you. so the former president, donald trump, suing to keep white house records related to the capitol insurrection secret. what might he have to hide, and will the strategy work? plus, the cdc considering a new strategy to keep students exposed to coronavirus in schools. we'll have details next. this is the new world of work. each day looks different than the last. but, whatever work becomes, the world works with servicenow. introducing fidelity income planning. we look at what you've saved, what you'll need, and help you build a flexible plan for cash flow that lasts, even when you're not working, so you can go from saving... to living. ♪ let's go ♪ ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? 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a wide range of things that just are not true. here we go again. they are now asking students that if they get vaccinated to stay home for 30 days. in a letter obtained by our affiliate wsvn, i'll read a part of it for you, it says, if you are considering the vaccine for your academy student, we ask that you hold off until the summer when there will be time for the potential transmission or shedding onto others to decrease. false, false. i'll say it again, that is false. there is no credible study out there that indicates that the covid-19 vaccine in any way will lead to transmission of that. in a statement to cnn, the leadership in the academy said they are making their decision based off of anecdotal reports, and that they want more information. this sounds familiar to me anyway. i want you to listen to the exchange i had with the ceo and co-founder back in april. >> let's get more information. let's learn more about this. >> yes. that's all i want. >> we want more information. >> more information. >> have you looked at the fda? have you looked at the cdc? looked at the world health organization? they do say this is effective. >> it is an experiment right now. >> reporter: she called it an experiment. took issue with the fact that, at the time, it did not have full fda approval. by the way, we now have full fda approval. and the academy is still saying they want more scientifically proven studies. the medical community will tell you they exist, and repeated studies have shown that the covid-19 vaccine is effective and it is safe in preventing the spread of the disease, pbrianna >> unbelievable. leyla, thank you so much for that. in california, thousands of parents taking part in the statewide sit out to protest vaccine mandates in schools. cnn's josh campbell has the details. >> reporter: there were a series of protests around the state of california on monday, including at the state capital in sacramento, by protesters demonstrating against covid-19 vaccine map ndates. moms on the ground, a group, encouraged parents to keep kids home to send a message to school administrators and state leaders. governor newsom responding to the criticism. a spokesperson saying vaccines are the way out of the pandemic. the governor's office adding the state already requires its students are vaccinated against a range of viruses, measles, mumps, and rubella. adding there's no reason we wouldn't do the same for covid-19. new this morning, cnn learned the cdc is currently evaluating tests to stay programs in schools. this is where students who may have been exposed to coronavirus in school still attend classes in person. they still are able to do that, instead of quarantine, as long as they test negative for the disease and show no symptoms. this is a controversial approach, but it is one that is growing in popularity. cnn's jacqueline howard is joining us with more on how some schools are following this approach. jacqueline, obviously, this is an attempt to preserve the time in the classroom for kids, but it is not without risks. >> that's right. it is still controversial. i spoke with three different superintendents across three states, illinois, kentucky, and right here in georgia, and they all say that the program has proven to be successful for their district, with keeping kids in class, because the majority of students who may have been exposed to a covid-19 case in the school end up not testing positive. only about 2%, they say, test positive. i spoke with superintendent grant rivera in marietta, georgia. here's what he had to say. >> certainly there's a statistical number around students who test negative who can remain in class , and that s a measure of success. the other measure of success is the social and emotional well-being of children and the lack of disruption to families at the 11th hour. test to stay allows us to say to families, if your child is asymptomatic, we can test and bring them back to school. >> that's kind of been the consensus i've been hearing from superintendents. just to note, the superintendents i spoke with in kentucky and illinois said that they require masks, and that's opini been helpful. in marietta, georgia, over the weekend they changed the test policy to optional. might be interesting to see how that might impact the program there. the cdc says it is evaluating this. the agency says, quote, there is no update at this time when or if cdc will put out test to stay guidance, as we're evaluating the effectiveness of this strategy. this process is ongoing. brianna? >> all right. we'll keep an eye on that. jacqueline, thank you. "new day

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