as well. trump loyalist lauren boebert doubles down on her attack against democrat ilhan omar after a tense phone call between the lawmakers. omar says boebert still refuses to apologize for anti-muslim remarks about her as their feud boils over. we want to welcome our viewers in the united states and around the world. i'm wolf blitzer and you are in "the situation room." we begin with growing concerns right now about the omicron variant of coronavirus and what it could mean for the future of the pandemic. tonight the cdc is responding by strengthening its recommendation for covid vaccine, boosters. let's go straight to our national correspondent athena jones. tell us more about the cdc's latest guidance issued just a little while ago. >> hi, wolf. as you just said the new omicron strain has led the cdc to strengthen its booster recommendations. the agency now says all adults should get boosted six months after their second dose from the pfizer or moderna vaccines and two months after the single dose of the johnson & johnson vaccine. the previous guidance said anyone 18 and older may get a booster and the expectation here is that vaccines especially the level of antibody response that comes with the boosters will provide at least some protection from omicron but it is going to take a couple weeks to know for sure. tonight the president calling for calm. >> this variant is a cause for concern not a cause for panic. >> reporter: as omicron, a new coronavirus variant first detected in south africa, spreads around the world. >> this is a new wrench that's been thrown into the fight against covid. >> certainly not good news. >> reporter: raising new, urgent questions. >> woe don't know everything we need to know about this new variant yet. >> we don't know yet what the level of severity will be. >> reporter: omicron has at least 50 mutations including some shared with the highly contagious delta variant that drove a deadly summer surge in the united states and has become the most dominant strain in south africa less than two weeks after it was first detected. the strain now confirmed on five continents in more than a dozen countries including canada. the u.s. joining the european union and other countries in restricting travel from certain southern african nations, a move health experts say may slow down the variant's spread but won't stop it. >> when you have a virus that has already gone to multiple countries, inevitably it will be here. >> reporter: u.s. federal health officials are bracing for omicron to be detected here with the cdc sequencing coronavirus genomes and working closely with state health officials. but it won't be clear for a few weeks how transmissible omicron is, whether it causes more severe illness, and whether it can evade the immune protection offered by vaccines. >> the reality is we've only known about this virus just over a week so we don't have the kind of data required to answer those questions definitively. >> reporter: scientists and pharmaceutical companies are working to get those answers >> i don't think the result will be that vaccines don't protect. i think the results could be, which we don't know yet, that the vaccines protect less. >> reporter: vaccine makers like pfizer and moderna stressing they are ready to respond quickly if changes to their vaccines are needed. >> we think within weeks to maybe two to three months we would be able to have an omicron specific vaccine booster available for testing and then for administration. >> reporter: until more is known about the new variant health officials say the best way to protect yourself is for the still unvaccinated to get vaccinated. and for those eligible for booster shots, to get them. >> we expect that most likely the current vaccines will be sufficient to provide protection and especially the boosters will give that additional layer of protection. >> reporter: officials here in new york city where there are currently no identified cases of home cron are now highly recommending residents wear masks while indoors regardless of vaccination status in an attempt to get ahead of the spread the variant. >> better to be safe than sorriment thank you very much. now to president biden and his efforts today to reassure americans feeling rather anxious about the new variant. let's go to our white house correspondent phil mattingly. the president spoke earlier today. what is his plan? >> reporter: the president acknowledged there is still much to be learned about the newest variant but the president and his team plan to fight whatever comes from the variant with as he said speed and science not chaos and confusion. that speed and science will be primarily focused on vaccinations and boosters, the president pressing the american public to do both, acknowledging that while nearly 60% of the public is vaccinated fewer than 20% have gotten their boosters the president making clear that needs to change quickly, start to move upwards, and if any changes are needed in the vaccines to address the omicron variant he is ready to get after that. take a listen. >> dr. fauci believes the current vaccines provide at least some protection against a new variant and the boosters strengthen that protection significantly. woe do not yet believe additional measures will be needed, but so we are prepared, if needed, my team is already working with officials at pfizer and moderna and johnson & johnson to develop contingency plans for vaccines or boosters if needed. i will also direct the fda and cdc to use the fastest process available without cutting any corners for safety to get such vaccines approved and on the market if needed. >> reporter: wolf, the president is supposed to lay out more details of his administration's plan to address the coronavirus pandemic as we move into the winter months on thursday. the white house officials making clear they are extremely vigilant and very cautious about what might be coming over acknowledging it is in all likelihood the omicron variant is already in the united states and pressing again and again for vaccinations in boosters underscoring that despite the lack of full information at this point in time there is a very real belief inside the administration that that more than anything else is the best thing americans can do at this point in time to protect themselves. >> already been detected in canada so probably won't be long before it is detected here as well. phil mattingly, thank you very much. let's bring in our chief medical correspondent dr. sanjay gupta the author of the very important book titled "world war c" lessons from the covid-19 pandemic and how to prepare for the next one. the cdc just strengthened its booster recommendations because of the new variant saying all adults here in the united states should get a booster shot instead of may. how significant is that? >> i think the messaging is much more clear, wolf. the latest recommendation before this was people over the age of 50 should get one but 18 and older, 18 to 49 may get one. now with what is going on with this new variant they're really strengthening that recommendation and it makes sense. what you're hearing from scientists is we don't know yet if there will be any diminishing of the effectiveness of these vaccines but you have what is called the cushion effect when you get a vaccine. a lot of antibodies, typically more than you need to actually decrease the likelihood of severe illness but if there is erosion of that effect, you get as much cushion as possible. you get boosted and boost up your antibody levels again. i think that is where the recommendation is coming from. >> as you know the director of the national institutes of health dr. francis collins says there is anecdotal information right now the new variant may cause milder illness. how concerned are you, sanjay? >> well, i think we just don't know. i was listening to this this morning and they were making the case as often times as things become more transmissible they become less lethal so it is possible it is getting milder. we have to look at hospitalization rates. i think that is the truest measure of things. i spent time looking at the data in south africa where some of the first cases were identified and, look. hospitalization rates have gone up there. they've gone up threefold. it is their late spring time in terms of weather so not flu season, typically more people outdoors in hospitalization rates going up. we don't know what it means to be fair but that is one question i think they'll be trying to answer by looking at this sort of data. other things they need to know, how transmissible is it really? will people who have been previously infected with covid, were they more likely to get reinfected? obviously the questions about how ill people get and do vaccines work? >> do you think this new omicron variant is already here in the united states? >> i really do, wolf. when we reported on this over the last couple yoerears and san march of last year for example i think the ban for example of travel from europe was middle of march last year. when you go back and look at the data you realize it was, the virus was already circulating pretty widely by first week of march. by the time you recognize it in other places, start sequencing it, given global travel, it is a good chance it is already here. >> will the travel restrictions the u.s. has now put in place on several african countries really help? >> i don't think it'll help much to be honest. this is based on history from what i just told you from last year. you learn these lessons. also the idea it is a pretty porous ban. people who are citizens of the united states can travel back. they could just as well be carrying the virus also. if we were confident that this variant was not here in the united states, then i think you can make a better risk reward proposition that it may be worth it to try and really reduce the spread of the variant into the country but it is probably already here. it is a porous sort of travel ban so not likely to make much of an effect. it may slow things down a little bit. either way i think they need to be really clear on when the ban will be lifted so it is not one of these things that will just be in perpetuity. >> will the tests, the current tests available, determine if this variant is already here? can they detect this variant effectively? >> some of the rapid antigen tests can do that and pcr tests can detect the presence of an abnormality that would be a signal of this variant. it is a long way of saying, yes. it is not directly finding omicron but finding a signature if you will of this particular variant that would lead people to believe that is what it is. so the antigen tests are a little more iffy. >> as usual, thank you very much. dr. sanjay gupta helping us appreciate what is going on. coming up i'll speak live with the chief medical officer for moderna about this omicron threat. plus we'll take a closer look at a vote this week that could lead to a contempt charge against the former trump justice department official for refusing to answer questions from the house january 6th select committee. this isn't just a walk up the stairs. when you have an irregular heartbeat, it's more. it's dignity. the freedom to go where you want, knowing your doctor can watch over your heart. ♪ >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ the house committee investigating the january 6 insurrection will vote this week on referring a criminal contempt charge to the full house against former trump justice department official and trump ally jeffrey clark. our congressional correspondent ryan nobles explains why. >> reporter: tonight the january 6th select committee making good on a threat. the committee moving ahead with a criminal contempt of congress referral against former department of justice official jeffrey clark. >> good morning i'm jeff clark. >> reporter: clark is a trump loyalist who worked inside the doj to peddle lies about the 2020 election results and attempted to convince his superiors to use the power of the agency to investigate the false claims. clark will join steve bannon as the second trump ally referred to prosecutors to decide whether to pursue charges. unlike bannon who ignored the committee's request for an interview clark showed up but refused to answer questions, citing executive and attorney-client privilege. >> all hell is going to break loose tomorrow. >> reporter: the case against bannon is making its way through the courts and the podcast host has vowed not to stay quiet. >> we are going on the offense. we are tired of playing defense. >> reporter: prosecutors have asked the judge to limit what bannon can reveal publically arguing he is attempting to try the case in the media instead of the courtroom. allowing the defendant to publicly disseminate reports of witness statements will have the collateral effect of witness tampering because it will expose witnesses to public commentary on their potential testimony before trial. meanwhile, questions remain about former white house chief of staff mark meadows. the committee has threatened to seek criminal contempt charges against him as well but have yet to take that step. >> i think we will probably make a decision this week on our course of conduct with that particular witness. >> reporter: what that decision is remains an open question. but the committee has not ruled out any option. >> this was an assault on a peaceful transfer of power and we do need to hear from these individuals and we'll use every means necessary to compel them to speak to the committee. >> reporter: in this battle over the access of information there will be a key court hearing tomorrow. the committee going up against the former president donald trump and his lawyers at the appellate level as donald trump attempts to appeal a lower court ruling that would allow thousands of documents from the trump white house to go into the hands of the committee. trump and his legal team arguing it should be protected under executive privilege. the committee is arguing they need the information to get to the bottom of their investigation. they will make those arguments in court tomorrow, wolf. >> lots going on this week. ryan nobles up on capitol hill, thank you. let's get more on all of this. joining us now cnn's senior law enforcement analyst andrew mccabe the author of the book "the threat: how the fbi protects america in the age of terror and trump" and also with is our senior legal analyst ellie honig with us, his new book entitled "hatchet man." jeffrey clark showed up before the select committee and refused to answer questions. how important is it for the committee to try and hold him accountable with contempt? >> wolf, i think it is incredibly important that the committee pursue every avenue to hold these witnesses accountable. each time, they spend a very powerful message to other witnesses also currently under subpoena. we know there are many witnesses who have received subpoenas. we saw several come out last week to a couple notable witnesses. they have to move forward with the referrals if they have any hope of others considering this seriously and deciding to cooperate. >> we are waiting to see what steps the committee will take on former white house chief of staff mark meadows. how complicated could it be to pursue contempt knowing meadows may have some legitimate claim of executive privilege, serving as white house chief of staff at the time? >> there is no question a potential prosecution against mark meadows would be more difficult or complicated than the pending prosecution of steve bannon and even the potential prosecution of jeffrey clark because mark meadows was the chief of staff. i mean, if executive privilege was designed for anybody, it was the chief of staff. that said, there are very serious questions about whether mark meadows has any legitimate use of executive privilege. one, the former president, legally, the kind of conversations mark meadows and donald trump were having apparently on january 6th are probably not protected by executive privilege. it is meant to protect policy discussions not shield wrongdoing. it is really important to see what the committee does here and i think it is imperative they hold meadows in contempt. otherwise they'll open up the floodgates for anyone else in the white house. >> wh it comes to steve bannon's strategy, andrew, how do you interpret his push to have documents released publicly? >> bannon is playing this for everything he can get out of it. he is in a very unique position compared to other witnesses. he actually benefits from the attention, he benefits from being perceived publicly as somebody who is putting up a loud fight and pushing back against the committee. the other witnesses are probably not similarly situated. jeffrey clark as an example is an attorney, someone who likely wants to use his law license for the rest of his career and doesn't want to deal with explaining to a bar he had been indicted and pursued on this. bannon is in a unique position. >> elie, what do you expect from tomorrow's court hearing? how critical is it for the committee's efforts to get white house documents from the national archives? >> it is a crucial argument about a novel issue of constitutional law. law students will be studying what happens tomorrow and the decision decades from now because this kind of question about the balance of power between congress and the white house only comes up every so many generations. i fully expect that donald trump will lose in the court of appeals tomorrow. i say that first of all because he lost in the district court. it was a fairly compelling ruling about how a former president cannot over ride the current president when it comes to executive privilege. if you look at the judges who are sitting on the panel tomorrow i don't think they'll be favorably inclined to trump's argument. >> thank you. coming up, will covid vaccines prove effective against this new omicron variant? i'll speak live with the chief medical officer for moderna dr. paul burton. we have lots to discuss. deposit, plan and pay with easy tools from chase. simplicity feels good. chase. make more of what's yours. with clean, fresh ingredients, panera's new chicken sausage and pepperoni flatbread is a mouthwatering explosion of yes. craft? yes! heartiness? yes! living life to the flavor-fullest? heck yes. panera. live your yes. now $1 delivery. we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. my retirement plan with voya keeps me moving forward. they guide me with achievable steps that give me confidence. this is my granddaughter...she's cute like her grandpa. voya doesn't just help me get to retirement... ...they're with me all the way through it. voya. be confident to and through retirement. small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. tonight new evidence of the omicron variant's aggressive spread. it is now the dominant strain of coronavirus in south africa. less than two weeks after it was first detected. and now the u.s. is bracing for the variant to arrive here, despite a new ban on travel from south africa. cnn's david mckenzie has more from johannesburg. >> reporter: wolf, president biden says this travel restriction to southern africa is to buy time for scientists in the u.s. and for people to get booster and vaccination shots to try and stop any threat from this variant. scientists on the ground in south africa say the time has already run out. they say the variant is likely widespread beyond the region. they also say that these punitive measures are punishing their good science. the early indications are that cases are spiking in this region, possibly due to the variant and that omicron is dominating other variants at this stage in southern africa. now the next step will be to understand just how bad the variant is, if it has breakthrough infections and will the vaccines work? wolf? >> david, thank you. david mckenzie reporting for us. let's get an update from another country where the omicron variant has spread. we're talking about israel. >> reporter: wolf, israel is now reporting two confirmed cases of the omicron variant and has officially shut its borders to foreign nationals for two weeks. not even a month after finally opening up to vaccinated tourists. the closure is to give experts time to see how it interacts with the vaccines. other restrictions include making all israelis returning from abroad no matter where they are coming from to quarantine and produce two negative pcr tests before being released. israelis returning from what the government considers red countries which is most of africa will be sent directly to designated quarantine hotels regardless of their vaccination status. but despite the restrictions there have been no changes to rules for gatherings even as hanukah is under way and plans are moving forward for the miss universe pageant set to take place in less than two weeks in the southern city of e-lat. in the past few hours we learned that one of the miss universe contestants tested positive for kroechs. no word if it is the omicron variant or if she will still be able to compete. >> thank you. let's discuss what is going on. this omicron threat a key figure in the battle against the pandemic is joining us. we are joined by the chief medical officer from moderna dr. paul burton. thank you so much for joining us. in light of the omicron variant moderna's ceo says he does expect what he calls a loss of vaccine efficacy to prevent disease. what information is moderna studying right now to see how much less effective potentially the vaccine may be against this new variant? >> good evening. thank you for having me. there are three key questions we need to know. one is transmissibility, one is severity, clearly, and one is about neutralization. and so we have samples from people who have received our vaccine, different doses, some of the variant specific boosters we've also developed and we are testing those now along with other vaccine manufacturers here in the laboratory to see if the samples can neutralize this very worrying virus. >> do you have any early indicators, on whether this variant is more transmissible or how it impacts the severity of the disease? >> yes. as you mentioned, this research from seattle suggested this virus probably emerged around early october in south africa or botswana, lays relatively low, then suddenly in early november explodes to become the dominant strain, displacing the delta variant in south africa. and it is now in maybe 20 countries around the world counting individual cases which feels very reminiscent to me to perhaps february or march of last year where we were counting cases and obviously know how that played out. i think all the evidence points to the fact that this is a very transmissible virus and one that we need to take very seriously. >> as you heard earlier today president biden said his team is already working with you guys at moderna as well as with pfizer and johnson & johnson to prepare if updated vaccines and boosters are needed. how will that process work? >> we are obviously testing our vaccine now and can give booster doses. our clear advice at the moment is if people haven't been vaccinated get vaccinated and now the cdc today in fact broadened eligibility for everybody over 18 should now get a booster and the uk followed suit earlier today as well. so get boosted. i think we'll be able to see as we test these -- the vaccines now, and as we bring on some of these new variant specific vaccines as well, we'll be able to see whether they have effectiveness not only in the laboratory but in human beings as well. that should go relatively quickly and obviously we'll work very closely with governments and health authorities around the world. >> if you do determine that an updated vaccine or booster is actually necessary, how soon do you think that would be ready? >> i think we have a few levels we can go through. the first is to get vaccinated as i say. get boosted. we can give a high dose, a hundred micro gram booster if necessary typically people get a 50 micro gram booster. we can give high dose boosters. we could then roll out our variant specific boosters that we're testing over the summer. they have been into human beings and we have data on them. that can be done relatively quickly. we have to start manufacturing them and scale up. the final level of protection would be and we've started this already is to develop an omicron specific booster. we are doing preparatory work now. that would take a couple two to three months to really get that into testing and then into production. thfrjts is obviously very worrisome. good luck. we hope for the best. thank you so much for all you are doing and for joining us. >> thank you, wolf. just ahead far right republican congresswoman lauren boebert doubles down on her anti-muslim attack against representative ilhan omar and gloats about it on social media. we'll be right back. with service i could trust. right, girl? 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>> you know, wolf, we know that they don't. we know there have been a number of elected officials including the governor of arkansas who came out and said anything that resembles threats of violence or bigotry should be condemned. i think mccarthy is trying to play it both ways, trying to stay silent and hope it all goes away. there was an interesting comment, very interesting by a, quote, moderate republican who is still not identified, saying that mccarthy is losing the support of the moderates. i've been saying, wolf, on this show for a long time but at some point people are going to stand up, adults are going to stand up and say, enough. and his playing it fast and loose is simply not working. at the end of the day for her and this apology that then turned into another whatever it is, people need to recognize one another's humanity. it goes for everybody in that place down there. when you refuse to recognize the other side's humanity, as we see that in our culture today, the refusal to respect somebody, another human being, we're on a downward path that has to be stopped. gloria is right. we need adults, leaders, to start saying, act grown up and remember we're all made in god's image. stop canceling the other person because you don't agree with them or believe in them. >> all of this comes as republican congressman ronny jackson is spreading pandemic disinformation calling the new omicron variant, and quoting him now, the midterm election variant. how hypocritical is it for so many in the gop right now to hit president biden for his handling of the pandemic while actively spreading covid conspiracies? >> wolf, it is nonsensical. it is ridiculous. i don't know how many times we can say this. he tweets this because maybe he thinks it'll help him with his base or donald trump will be happy with him and maybe give him a little phone call and give him an atta boy. it is just absurd and ridiculous and the national conversation should be about important truths that we are now facing and problems we have and not this ridiculous name calling. i just, you know, what does it get you? >> let me get governor kasich's thoughts. go ahead. >> you know, wolf, the bottom line is everybody is at risk with this covid. and for a guy to put something out like that and say this is about the midterm is just irresponsible. but he has shown that before. it is a darned shame. what we need to do is tell people, look. you can't win it politically but i care about you. i care about your family. i care about your children. go get vaccinated. save yourself and don't take up a bed for somebody else that legitimately didn't take care of themselves. >> good point, john kasich, gloria borger, thank you very much. coming up a pattern of disturbing crimes escalating across the united states right now. we're taking a closer look at the latest so-called smash-and-grab robberies which stores are being targeted right now. there can be some not-so-pretty stuff going on inside. it's true, with diabetic retinopathy, excess sugar can damage blood vessels, causing vision loss or even blindness. so remember this: now is the time to get your eyes checked. eye care is important to your long-term diabetes management. see a path forward with actions and treatments that may help your eyes— and protect against vision loss. visit noweyesee.com and take control of your sight. emergency planning for kids. we can't predict when an emergency will happen. so that's why it's important to make a plan with your parents. here are a few tips to stay safe. know how to get in touch with your family. write down phone numbers for your parents, siblings and neighbors. pick a place to meet your family if you are not together and can't go home. remind your parents to pack an emergency supply kit. making a plan might feel like homework, but it will help you and your family stay safe during an emergency. earn about covid-19, but it will help you and your family stay safe the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. we are following right now a very disturbing rise in so-called smash-and-grab robberies all across the united states. cnn's brian todd is working the story for us. so, brian, all types of retailers are being targeted. >> there is a real range of thefts here, wolf. tonight, we have new information on what police across the country are doing to try to stop this disturbing pattern. police in chicago today warning thieves they are ramping up efforts to stop so-called smash-and-grab robberies. often, involving large gangs of perpetrators who swarm into stores, terrifying employees and customers. >> we are particularly focused on this type of crime here in chicago, both, prevention and enforcement. over the weekend, we arrested two 16-year-old juvenile-female offenders. >> reporter: suspects, who the chicago police superintendent said took part in the burglary of an ulta beauty store in chicago and stole about $8,500 worth of merchandise. at two best buy stores in suburban minnesota, the pattern continued in recent days. at one of those locations, police say at least 30 perpetrators stormed into the store, and stole electronics. local shoppers are uneasy. >> i wouldn't feel good if i were here and that were happening as i'm there, seeing people run out with stuff. >> reporter: from thieves violently smashing the glass case at a jewelry counter near san francisco to the mass ransacking of a louis vuitton store outside chicago, law enforcement agencies are scrambling to respond to smash and grabs involving multiple suspects at a time. >> they are definitely looking at the targets. they are doing reconnaissance. they know when they are going to hit. this is organized at this point and police have a serious pattern here that they have to deal with. >> reporter: the targets have ranged from high-end stores, like nordstrom and louis vuitton, to an apple store in california. hits where tens of thousands of dollars in merchandise was taken. to a home depot near los angeles where the sheriff's department says up to ten people stole tools that thieves might use in robberies like these. hammers, sledge hammers, crow bars. four men were arrested in connection to that case. >> this is a trend that we have been seeing gradually increase, i would say, over the last year, year and a half. um, it, i would say, started mainly in the pharmaceutical and drugstore area, and has spread to department stores and luxury goods. >> reporter: tonight, a top concern among law enforcement analysts, that the thieves could become even more emboldened and violent. >> what if someone has a gun? it is totally possible that this could become even more violent, even more dangerous for those that work in these stores, the customers. >> reporter: so far, at least one security guard was pepper sprayed by robbers and in oakland, california, a security guard was killed while protecting a tv crew that was covering a smash-and-grab robbery. that incident did not seem to be tied directly to a mass burglary. rather, one individual trying to steal the crew's camera. wolf, but that -- people are worried this could get much more violent. >> an awful situation here in the u.s. right now. all right, brian, thank you very much. up next, opening statements begin in the trial of the actor jesse smollett. prosecutors now trying to convince jurors that he falsely claimed to be the victim of a hate crime. >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. opening statements have just begun in the trial of actor jesse smollett, accused of falsely claiming he was the victim of a hate crime. cnn's omar jimenez is working this story for us. >> reporter: surrounded by cameras, actor jesse smollett arrived for the first day of jury selection in a case he thought was over in 2019. >> i like nothing more than to just get back to work and move on with my life. >> reporter: whether he can will, soon, be in the hands of the newly-chosen jury. sel selected in a little over six hours before moving right into opening statements. smollett had been best known for his scenes in the fox-tv show "empire." but in january 2019 -- >> any weapons or anything inside the apartment? >> reporter: it was his alleged role in a reported hate crime that drew the spotlight. the gay black actor appeared on police body camera saying two attackers put a noose around his neck, even doused him with bleach in chicago. >> put bleach on me. >> okay. >> reporter: he told abc news he had been called homophobic and racial slurs. >> he said this maga country [ bleep ] punches me right in the face. so i punched his ass back. >> reporter: but investigators say smollett paid the men to help carry out an elaborate publicity stunt. >> it's mr. smollett who committed this -- this -- this hoax, period. >> reporter: smollett has maintained his innocence throughout. >> i would not be my mother's son if i was capable of one drop of what i have been accused of. >> reporter: he was originally charged with 16 counts of disorderly conduct for making false-police reports. but the state, soon, dropped those charges. angering authorities who had investigated the case. >> the prosecution in this county is not being forceful enough. we can't have cases dropped. >> reporter: following the appointment of a special prosecutor, a grand jury returned a six-count indictment last year leading to monday's appearance. all, part of a trial now years in the making. and the prosecution is currently moving forward with their opening statements, and they said they have to prove two things. that jesse smollett actually reported to the chicago police department that a hate crime occurred. and that he knew there was no real hate crime. defense will be up next, wolf. >> all right, omar, thank you very much. and to our viewers, thanks for watching. "erin burnett outfront" starts right now. outfront next. u.s. health officials bracing for a new coronavirus variant. strengthening booster recommendations, tonight, as president biden tries to reassure weary americans the new strain is not a cause for panic. plus, anger boiling over on capitol hill. congresswoman ilhan omar, congresswoman lauren boebert, blasting one another after boebert's anti-muslim comments in a tense call that was meant to diffuse tensions. and opening statemen

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