♪ good morning to our viewers here in the united states and around the world. it is wednesday, december 8th. i'm john berman alongside brianna keilar live in washington together this morning. and we begin with a cnn exclusive. the january 6th house committee casting a wide net, issuing 100 subpoenas for phone records, many of those targeted at former trump officials and associates, including former white house chief of staff mark meadows, who just informed the committee he no longer will cooperate. meadows has turned over volumes of phone and email records, the committee says, including messages sent and received during the capitol riot. also developing this morning, the biden administration is considering options for the possible evacuation of u.s. citizens from ukraine if russia invades. president biden warned vladimir putin that things we did not do in 2014 we are prepared to do now, referring to russia's annexation of crimea and economic measures by the u.s. an official telling cnn that the call turned tense at times as the two leaders went back and forth over the russian military buildup along the border with ukraine. overnight, the house passed a new debt ceiling plan after mitch mcconnell cut a deal with chuck schumer, creating a one-time process to allow the democrats to raise the debt ceiling with their votes alone. >> and that pain that you have been feeling at the pump may be short-lived. gas prices will tumble below $3 a gallon soon. that's good news. we are joined by john harwood and barbara comstock. john, on the one hand you have the committee issuing 100 new subpoenas for phone records saying that they have already received some information. on the other hand, you have mark meadows walking away from a plan to cooperate. steve bannon, his contempt trial not until july at this point. so i'm trying to figure out where exactly this committee is. complete this sentence, the state of the january 6th committee is -- >> is furiously paddling against the tide, trying to a mass as quickly as possible as much information as possible to illuminate the events of january 6th, realizing that the people involved at the white house, the people close to donald trump are at war with this effort. they are not going to participate. now, mark meadows is a different case. he's been trying to play it cute. wants to make money with his book, wants to stay out of jail. so he is playing -- he has played footsie with his former colleague in the house. when push comes to shove, he is not willing to fully cooperate. and i think that's what is going to happen with most of the people close to trump. the question is whether or not there is enough documentary evidence they can collect that will suffice even if you don't get the personal cooperation. maybe you get marc short, meadows is living up to what brendan buck, former member of the house republican leadership, said the other day on twitter, which is that mark meadows is a world-class liar, which makes him a good match for donald trump. the real question, though, is how much can they get done, how fast? it's very, very difficult to do when the opposing party and the previous president simply does not want to participate in the effort to get at the truth here. >> they're not going to get it all done, congresswoman, obviously, with the tides that are against them. but are they going to get enough of a picture from the people who are cooperating and the information they are getting, like in the subpoenas and phone records. >> i think they are going to get a lot of information. they already have a lot of information. 275 witnesses who are cooperating. there are people around mark meadows and donald trump who are cooperating. and most importantly, getting things like the phone records. certainly would like to see them getting text records also for people who were involved in the campaign and that rally. they should be getting bank records and see who was paying for everything. there are a lot of ways to get at documents that tell the story. when i was on an investigative committee at staff, we had 125 people who took the fifth amendment or fled the country. we still had a number of indictments because we got bank records, phone records and other documentary records. so i think people should not read too much into that. for bannon or mark meadows, as buck said, why believe them anyway? i would rather have their texts from that time. and at the other end of that text is another person who may be cooperating. and you even have mark meadows lying basically, it appears, about what he wrote in his book because donald trump is upset with it. so he is dealing with the audience of one that he has always been worried about. he was somebody who leaked a lot of information, talked to a lot of people, it is reported. that's what donald trump is upset about. but the facts are going to come out. i'm fairly confident that there will be people around mark meadows who will tell the mark meadows story even if he won't. >> do you think there will be criminal referrals out of this? >> bannon -- that's already going forward. republicans may think -- i certainly think it is very possible republicans take the house. but that indictment and the trial is still going forward, and they can't stop that. if mark meadows is referred and then indicted, if jeffrey clark is -- and jeffrey clark is a lawyer and has the issue of being disbarred. the d.c. bar may take up action and some of these other lawyers who are involved that have already had bar actions talked about or started. so there's a lot of consequences here. they are clearly trying to run out the clock. the justice department is there the next three years. >> congresswoman, you mentioned it would be great to have text records. it would be nice to know what they were texting. let's be clear about the phone records, there are a lot of them and they are had he already receiving them. this doesn't tell you the contents of the phone call or the text messages. >> that's why the congresswoman said the content is critical because then you do get the meaning of the communications and the outlines of the phone records give you a road map for who was talking to who. i'm struck by the optimism that she is expressing that they will be able to get what they want. from my perspective, a -- let's say criminal contempt of congress trial for steve bannon next year. that only gets you so far. >> it could get steve bannon in jail. >> well, that's true. but it also serves steve bannon's purpose. he wants to make it a circus to foster the larger effort that january 6th was part of, an offensive against american democracy. and donald trump is part of that. donald trump is encouraging that. before the clock runs out on this democratic congress, if it does next year, how much can they show the american people and how much accountability can they obtain through the congress itself or the justice department. big question mark. >> everybody is talking about steve bannon, oh, the trial is delayed until july. it doesn't force him to testify. no matter when the trial is. >> that's why getting documents and the people around him is going to be so important. people around him received his texts that day. there were phone calls reportedly in the war room he was in. who was making those phone calls. that information can be found out. and the reporting you had in the books, the news, is being validated every day. it will be more fully validated when you get the phone records. and people who don't want to spend tens of thousands of dollars or hundreds of thousands, they're the ones who are going to come forward and probably have more accurate records and memories than steve bannon or mark meadows. >> if in fact, you have this trial next summer, you had the election a few months after that. then the interest in the house of representatives and getting steve bannon's testimony goes to zero. >> right. but they're not going to get it anyway. congresswoman, you said something interesting in the discussion -- well, we'll move on at this point. we'll talk about it more. thank you. a new study out of south africa that this new variant omicron partly evades the pfizer vaccine. buff researchers say the findings could have been worse. africa health research institute saying i thought this news was positive. i expected worse. this is not a variant that has completely escaped. it certainly escapes. it is certainly bad. but it looks to me like there are ways of dealing with it. the national chair of south africa's medical association, one of the first doctors to be treating patients who were sickened with the omicron variant. doctor,s thank you so much for joining us this morning or this afternoon in your case. first, can you give us an update on the patients you're seeing. are you still seeing mild symptoms, or has that advanced? >> thank you. and good evening to you all. in south africa, it is good afternoon. thank you for asking. yes. let me give you a brief overview of the past few days of the patients i have seen. i have made some stats of my 64 patients that i have seen recently. 37 not vaccinated. two with recurring infections. yes, the question that you asked of pfizer, 19 reinfections with pfizer. the two reinfections i'm talking about is patients that had covid before and got it again. it has nothing to do with vaccines. i saw seven breakthrough infections. i had two patients reinfected, had covid before, had been fully vaccinated. in the beginning we saw more males. now now the ratio is exactly the same. 32 males, 32 females. we do not vaccinate children under the age of 12. i have seen 11 children under the age of 13 and that is four months old. and i have seen 15 patients. to come back to that patient regarding the vaccines, yes, i think there's -- this is an escape of the vaccines regarding omicron. but interestingly enough, it's mild disease. and that is what has always been said. we promote our vaccines in our country to say the vaccines are supposed to protect you against severe disease. it's supposed to protect you at least between 94% and 96% in hospitalization. if i look at the facts in the public sector hospital, the majority, and i know it's 90 plus of people in the icus are unvaccinated people. very few people with previously being vaccinated. it is not really -- if you look at the data, we are seeing a lot of infections. we didn't really saw them during our wintertime. coincidentally, positive for covid. there was a huge scare out there. but if you look at the facts, it's not predominantly from covid-19. >> that is an important distinction. can you tell us a little bit more about the reinfections. you mentioned people who have had covid before and are unvaccinated and get reinfected, i know there are not many you have seen. you mentioned people who have had covid, got vaccinated, and still reinfected with this omicron variant. can you tell us how long between infection and reinfection and the timeline between infection, vaccination and reinfection in those cases. >> good question. according to my data, the average time is last pfizer dosage any time between end of july to end of august. but i saw one patient who had been vaccinated october and got a breakthrough infection. it seems as if three months more or less after you have been vaccinated you can be infected again. that's more or less if you look at some of the data that pfizer released, there is definite decline in the protection. but, again, i need to stress for now it still protects against severe disease. what we are seeing is mild on these people who have been vaccinated. . >> very good point. this is not an argument, certainly as we look at the numbers against vaccination, this is proving why people should get vaccinated, indeed. doctor, thank you for being with us. >> thank you so much. and please get vaccinated and get your boosters. >> oh, i am boosted. we are so boosted on this set, doctor. thank you so much. relief at the pump in a major way right around the corner. what forecasters are saying about the price of gas. this can't come soon enough here. president biden issued a stark warning to vladimir putin about russian aggression with ukraine. did it make a difference? 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quite alarming to see a christmas tree on fire in midtown manhattan. no injuries. >> that is lucky. that is good news. lucky no one was here there. please keep us posted. johnson is facing fierce criticism. a leaked video shows senior downing street staff joking about a christmas party during last year's tier 3 lockdown. what does this reveal? >> reporter: brianna, it's hard to overexaggerate just how big of a scandal this is in this country. there have been reports of a christmas party at downing street. yesterday nail in the coffin. itv obtaining leaked video that shows senior aides laughing and joking about a christmas party that took place during lockdown last year. look at the video millions in this country have already watched. >> there was a downing street christmas party on friday night. do you recognize those reports? >> i went home, hold on, err. >> would the prime minister condone having a christmas party? >> what's the answer? >> i don't know. . >> it wasn't a party. it was cheese and wine. >> is cheese and wine all right? it was a business meeting. >> no. joking. . >> this is recorded. this fictional party was a business meeting, and it was not socially distanced. >> the prime minister denied any covid rules were broken, that any party took place. you can imagine in the court of public opinion, that is simply not flying. i want to paint a picture what it was like at that time. there was a variant of covid-19 in a was sweeping through this country. hundreds of people were dying of covid-19 every single day. the health care system was overwhelmed. this alleged incident took place december 18th. at that time we were under tier 3 restrictions. no one was allowed to mix with someone indoors with someone not part of their household. the next day, the prime minister took to the airwaves and told the public we have to sacrifice christmas this year if you want to see your loved ones safe and healthy next year. i'm paraphrasing. that was essentially the message. a couple days after that, they went into tier 4 restrictions as the terrible variant was running like wildfire through this this country. the prime minister will be facing questions on this in parliament today. everyone across the public accusing the deposit of callousness, of rules not applying to them but applying to others. right now on tv, if you turn it on, you will see families talking about where their loved ones were on december 18th. were they in hospital, were they sick, were they unable to see them. so you can understand how this is absolutely a critical moment for the prime minister. >> certainly is. salma, thank you for that report, live from london. president biden is warning that vladimir putin is going to face consequences for russia's military escalation in ukraine. w el have reaction to their high-stakes video call next. chilling testimony from a new accuser who says ghislaine maxwell told her she had a great body for jeffrey epstein and friends when she was just 14 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reporter: well, brianna, president biden's goal in this call with vladimir putin is to deescalate between russia and ukraine. sources tell cnn the discussion between the two leaders at times turned tense. top white house officials do not believe that putin has made that decision about whether he willen sraeud ukraine. president biden warned if he does decide to do so there will be consequences. and the white house does not want to see a repeat of what happened in 2014. >> hello. good to see you again. >>. >> reporter: two hours and one minute, a lengthy and critical phone call between president biden and his russian counterpart, vladimir putin. at the core of their conversation, rising tensions between russia and ukraine and fears of further invasion. >> there he told president putin if russia further invades ukraine, the u.s. would have strong economic measures. >> reporter: he told reporters the call covered a range of issues, including america's support for ukraine's sovereignty and territorial integrity, a readiness to respond with strong economic measures, and the willingness to provide additional defensive material to ukraine. . >> and that was why it was extremely important for our president and for other leaders in europe to be very clear about the extreme consequences that will result for russia if they move against ukraine again. >> reporter: but president biden offered another option for russia. >> de-escalation and diplomacy. the united states and our european allies would engage in larger strangic issues. >> reporter: russia entered with its own demands, seeking guarantees on ukraine and nato. the kremlin said putin stressed that the responsibility should not be shifted onto the shoulders of russia, since it is nato that is making dangerous attempts to conquer ukrainian territory and is building up its military potential at our borders. putin told biden, quote, russia is seriously interested in obtaining reliable, legally fixed guarantees colluding the expansion of nato in the eastern direction and the deployment of offensive strike weapons systems in the states adjacent to russia. u.s. lawmakers on both sides of the aisle seem to be aligned. >> mr. the president has taken the right course here in letting putin know the consequences will be severe. >> if there's going to be a decision where putin does not invade, it is going to be because the united states and allies took action and communicated to putin there would be a cost higher than he expects for him to turn around. >> reporter: all this as the biden administration is considering options for possibly evacuating u.s. citizens from ukraine. if russia were to further invade the country. the white house is warning russia its prepared to take stronger action, that the sanctions that failed to stop russia from occupying crimea in 2014. >> i will look you in the eye and tell you as president biden looked president putin in the eye and told him today that things we did not do in 2014 we are prepared to do now. after the call with putin, president biden briefed european leaders on the discussion, including the leaders of italy, france, germany and the uk. tomorrow the president will speak with the presidents of ukraine as the white house is waiting to see in the days ahead whether putin will heed the president's warnings. >> arlette, thank you so much for that report. i'm joined by retired general james spider marks. thanks so much for being with us. give us a sense of how the russians are positioned on the ground. >> absolutely, john. well, certainly here it gives you an idea where we are. and crimea, which was lost in 2014, this is what we're seeing right now. these areas right here contain about 175,000 troops. what's taking place right now is in this particular area. let me show you what is taking place in the circles we just saw. this is a tremendous buildup of forces and logistics capabilities. what this type of imagery indicates is these are staging areas, logistics capabilities. and then probably more importantly, this piece of imagery, you look at this capability up here. then you look at open areas in here, this is where logistics were refueling and capabilities that would allow maneuver forces to achieve mobility in the offensive. so you see imagery like this, and there's reason to be concerned. this is what we're looking at now. from the previous graphic, when we saw the buildup of forces here, what this tells you from a military perspective, the area of interest for putin is this area in here. this gives him an opportunity to achieve some sigma tphaoufr capabilities to cut this off. you wouldn't anticipate military operations that would go all the way to kiev >> no. first of all, it's fascinating to look with your eyes on the satellite imagery. you don't have to have a trained eye to to see this. >> right. . >> they have it surrounded on three sides. >> the terrain, the geography has never been kind to ukraine. this is essentially flat. and you have this specific terrain that leads to russia and has forever. >> a lot is happening inside ukraine already. >> russian have been in support of the separatists for many years. >> what do you think will really happen here the next several months? >> i think an invasion of some sort is inevitable. there are things we can do now. i think the long game putin wants to put in place is to challenge zelensky in kiev. . >> politically? . >> politically, absolutely. he achieves this. he has achieved that. a third of the country is gone. he starts working to invalid zelensky, and you end up with a coup. . >> what options does the u.s. have? >> i think primarily right now, diplomacy with allies and partners is absolutely critical. that's number one. there are limits to what you can do unless germany, france, italy and uk step up and say we're in to help. and the united states individually can increase its foreign military sales, the military of ukraine with defensive-type weapons systems that provide greater capability to them to resist this possible invasion. but also sends a message to putin that says we're not aggressive. we're not trying to push. and ukraine is not part of a nato. nato is not going to come rolling in here to start building out this way. >> in spiderive to say ominous stuff here. as you say, there are options. it does steam stiffer today than it might have been a few weeks ago. we'll see what happens there. retired major general spider marks. a texas school district removing dozens of books from its classrooms and libraries. the titles they considered obscene. closing arguments about to again in the jussie smollett trial. did he help or hurt his case by taking the stand? this is your home. this is your family room slash gy the guesbedroom slash music studio. the daybed slash dog bed. the living room slash yoga shanti slash regional office slash classroom. and this is the basement slash panic room. maybe what your family needs is a vacation 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made. i'm rich barnes. it's hard for people to know how much their accident case is let our injury attorneys know he how much their accident cget the best result possible. >> closing arguments set to begin this morning in the trial of former "empire" star jussie smollett. the defense rested its case on tuesday after smollett testified that he was the victim of a real anti-gay and racist hate crime in chicago in 2019, denying that he staged the attack for media attention. a charge punishable up to three years in prison. emotions running high in the ghislaine maxwell trial. a tearful user using the name carolyn said money will not ever fix what that woman has done to me. the alleged victim said she was 14 when maxwell told her she had a great body for jeffrey epstein and his friends and lured her into years of sexual abuse. 14. prosecutors say they intend to rest their case this week. and a san antonio school district is under fire because they have removed 75 books from their libraries and classrooms following calls from state lawmakers and the governor to block titles with obscene titles or content. these four titles. "in the dream house," "all boys aren't blue," "lawn boy" and "the breakaways" because of middle schoolers kissing in bed. tell us, laura, what is going on with this story. the outcome obviously is you have a lot of women and people of color authors seeing their books banned. >> this seems to be the latest school district in a string of school districts and school boards that are struggling with a concept that schools have usually been able to handle since the beginning of time, which is teaching kids about hard things, teaching kids about racism, teaching kids about sex. this all starts when matt krouse comes up with a list of 850 books. how exactly he came up with the titles is unclear. but they all happened to, at least the majority involved, had concepts around racism and sexism. you have to view it within the larger conversation we're having across the country about teaching racism in school, critical race theory. so krouse comes up with this list. the u.s. supreme court has something to say on this subject of banning books and has basically ruled that, look, schools have a lot of discretion when it comes to taking books off the shelves that have to do with vulgar subjects. facing a case like this one in the 1980s when they wanted to take off books they deemed as anti-american, filthy, they say, look, the school boards have a lot of discretion but you can't violate the first amendment. you cannot ban books simply because you do not like the content. you cannot suppress the marketplace of ideas. that violates the first amendment. notwithstanding that fact, this school district has put out a statement saying the following, for us this is not about politics or censorship but rather about ensuring parents choose what is appropriate for their minor children. not all parents agree with this school district. as of this morning, there is a change.org petition going now with 1,500 signatures. on that petition they say this, quote, the books serve an important place in our community as they not only provide important educational resources on black here, they also provide a safe haven for young lgbtz students who take comfort in this representation. >> look, they have a notorious place in world history. it is something that you want to take note of when it happens to be sure. >> i want to ban books that have more narrative arkansas. . >> the oxford comma. throw 'em out! >> we're focused on the wrong thing. laura, thank you so much. a question about how a new orleans saints player died in police custody. the latest on the investigation next. plus, a texas plumber is getting a big finder's fee for what he discovered in the walls of joel osteen's megachurch. 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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. alabama officials are investigating how former new orleans saints defensive lineman glen foster jr. died monday after being in police custody. the 31-year-old was booked saturday after a high-speed chase. he was released sunday afternoon, then rebooked two minutes later for alleged erratic behavior. nick valencia following the story. what's going on here? what's the latest? >> reporter: good morning, john. glen foster's family believe they could have potentially delayed life-saving medical care that could have helped him. he had been managing a bipolar diagnosis the last 11 years. former defensive lineman for the new orleans saints was on his way to atlanta from alabama for a business trip when he led local authorities in western alabama on a high-speed chase. speeds reached over 100 miles per hour. a spike strip had to be used in order to slow him down. he was eventually taken into custody, arrested by the local police department in alabama, handed over to the sheriff's department where he was booked over the weekend on three counts, including reckless endangerment, attempting to elude police. while he was in custody he got into a fight with another detainee. two guards had to break that up. his behavior was so erratic, according to local authorities, that the local police chief reached out to his family to arrange him to be bailed out on condition that he be sent to a hospital for a medical evaluation. but on monday, while his family was waiting for him to be released, the local police chief tells nola.com something happened. we went to bond him out, and something happened at the jail. they wouldn't let us get him. i don't know medically what was going on. but based on what i learned, it was not normal. a family for glen foster says they want to know what that is. his mother telling nola.com, they don't know what happened but they want whoever was responsible for this to pay for it. cnn has reached out to the pickens county sheriff's office as well as the family. we understand the alabama law enforcement agency is investigating this now. they have yet to release any additional information about his death. john. >> nick, keep us posted. a plumber is getting a big reward for turning in a stash of cash he found hidden in the walls of joel osteen's texas megachurch. sit believed to be a 2014 thraeft of $600,000 from the lakewood church. the plumber, identified only as justin, said he was repairing a toilet when he found 500 envelopes of cash and checks else getting a $20,000 reward. >> $20,000 for finding $700,000. >> $20,000 for fixing a toilet. you could look at it that way. >> justin does good work, i'm told. >> the biden administration is having a pretty hard time getting senior state department nominees confirmed. one senate republican stands in the way. >> researchers in south africa say ohm kropbt variant can partially evade one of the vaccines and this is important. the vaccine does provide some protection. brand new important dauta ahead. e exposed dentin to help repair sensitive teeth. my patients are able to have that quality of life back. i recommend sensodyne repair and protect with deep repair. ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom ♪ for me and you ♪ ♪ and i think to myself ♪ ♪ what a nderful world ♪ a richife 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. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for 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the outside, but if you have diabetes, 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. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. you know these guys. okay. so ted cruz started this out. ted cruz is blocking national security nominees because he wants russia sanctioned for a pipeline going from russia to germany. okay. josh hawley -- i'm going to write this. it's unrelated. 2024. this is about presidential politics. he jumped on board and said i want to block nominees too. he is blocking national security nominees until antony blinken and jake sullivan resigned. that's not going to happen. and marco rubio was talking a few nominees. he is not as many. he is blocking spwors to china and spain over communism. that's that. mostly these two guys. all right. i said i would get back to the 140 number. 300 days in office. executive branch senate confirmations. this trend line is going in the wrong direction. 326 for bush. 158 for trump. and 140 for joe biden. why is this important? the government needs to be stacked. we need experts in the jobs. it is worth noting the people joe biden has nominated and is significantly more diverse than any other of the recent presidents. they are more diverse than who donald trump picked. one thing that is fascinating. barack obama, 29% women, 30% nonwhite. joe biden, 50% women, 39% nonwhite. he made it a centerpiece. he has done so. so many of them, particularly as it relates to national security, are being slow walked by ted cruz, josh hawley and marco rubio. this is the permanent chair of the fcc, the first woman to hold this job. she was confirmed, wait for this, confirmed by the senate, 68-31. you don't see that all that often. so there is diversity in who joe biden is nominating and who is being confirmed. hawley and cruz are slow walking this. yes, this person can be the ambassador to whoever. no, we want to have a full hearing, to go full debate in the senate. that slows the process down. i'll go back to where i started,

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