let's go outfront. good evening, i'm erin burnett. outfront tonight, a covid death every minute. this is where we are tonight. about every 60 seconds, another american is dying of covid. that is the grim reality we are in the united states. covid again tightening its grip on the country. today president biden meeting with his top health officials and he had this warning about the highly contagious omicron variant. >> it's here now and it's spreading and it's going to increase. for unvaccinated, we are looking at a winter of severe illness and death if you're unvaccinated. for themselves, their families and the hospitals they'll soon overwhelm. >> it is a sobering warning and cases are increasing incredibly fast in vaccinated and unvaccinated. take new york city. the number of those testing positive doubled from december 9th to the 12th. doubled in three days. the mayor's health advisor tweeting we've never seen this before in new york city. and the rush of new cases is having a devastating impact already on the nation's way overburdened health care system. hospitalizations are up 40% from just one month ago. the country is now averaging -- i said about a death a minute. that's about 1,300 people dying a day. this is just at the beginning of this wave. the spike has cities, states and businesses scrambling. in new york the bank citigroup telling its employees once again work from home. a number of broadway shows being cancelled because of breakthrough infections among the casts. a growing number of universities moving their finals online. now you've got another list, princeton, nyu, middlebury college in vermont. and the data coming out of the united kingdom is alarming because they're a few weeks ahead on this. today the united kingdom reporting a record number of cases. 88,376, which is the highest number of cases since the pandemic began in the uk. the outbreak there growing so fast that today the queen cancelled her pre-christmas family lunch. this onslaught comes as we are still learning about just how effective the vaccines even are against this new variant. just today a cdc advisory panel recommended pfizer and moderna's vaccines over johnson & johnson's vaccine. that's really significant because you're looking at 16 million americans who got the johnson & johnson shot. but one thing we do know is that hospitals are already hurting. just listen to one doctor describing the physical and emotional toll this surge is having. >> we are exhausted. and heartbroken, and terrified. many of us are starting to feel helpless because we've been living this crisis for so long. >> we're going to speak to that doctor in just a moment. i want to begin with phil mattingly outfront live at the white house. phil, so what is the sense of urgency and severity at the white house tonight about the threat of the variant? >> reporter: look, i think it's palpable and you could hear it in a message from the president that was as stark as it was simple. the idea of severe illness and death coming for the unvaccinated in the weeks and months ahead. as you noted, erin, it's not because the omicron variant has already become the dominant variant, much of this is coming from the delta variant and a winter surge. the real concern is that this will only build in the weeks ahead. i don't think there's any question about that being the reality. while there is certainly some hope that the rush of boosters over the course of the last couple of weeks will continue, and there is no question when you talk to administration officials that those boosters will provide significant protection in the weeks and months ahead, the real question now is how can you ramp it up even faster, particularly in the wake of concerns about hospitals being overwhelmed. yes, the vast majority of cases administration officials are being seen are coming from the unvaccinated right now. that is very clearly driving things. but with the omicron variant by administration official calculations, likely to become the dominant variant in the next couple of weeks. the expectation is there's an absolute necessity to get boosters. a little more than 50 million americans have gotten boosters at this point. the administration wants to ramp that up as soon as possible. the framing is not just the concern about severe illness and death for the unvaccinated. if you are concerned about the economic recovery, if you are concerned about disruptions, schools and businesses closing, everybody in the country is exhausted at the idea of that. boosters are the answer. that is the message you've heard from the president and message you've heard from white house officials and it's certainly the message they push going forward. the belief right now, boofsters are their best option and they're hoping as many americans as possible can get them. >> of course they're the best option but as we know there are so many questions about breakthroughs and infections and what all of this means. we frankly don't know what we don't know and that is what we're staring at. thank you very much, phil. i want to go to michael osterholm from the university of minnesota and dr. shirley zee, hospitalist at hennepin health care in minneapolis. i appreciate both of you very much for taking your precious time to be here. professor osterholm, president biden warning a winter of severe illness and death, particularly of the unvaccinated. but you say there are very clear signs that this is -- we are already in an explosive mode here across the country just on the infection side of it. not even on the hospitalizations, which are also up 40%. >> well, as you're hearing right now from around the country these outbreaks that are starting to occur with large numbers of people suddenly infected, you heard just now as it relates to the new york data and how fast we're seeing the increase in the number of variants, omicron variants being detected. and i think we're really just about to experience a viral blizzard. if you look at what's happened in south africa and europe, i think in the next three to eight weeks we'll see millions of americans that are infected with this virus and that will be overlaid on top of delta. we're not sure how that's going to work out. >> just to make the point, professor, if you have millions of people infected very quickly, even if the virus is less severe, which it may or may not be, you obviously can still get a significantly higher number of dead people. >> that's absolutely true. i think one important point to note is we are learning new things. today we saw data from south africa that showed that in fact the actual steep curve of new cases in south africa with the variant is similar to what we saw with beta and the delta variants, the number of hospitalizations and the number of people who died were also similar in terms of how fast we saw those particular surges rise. the question is going to be will we have as many cases. they may be leveling off in south africa right now. this is like a big burst and then it comes down hopefully relatively quickly. that's the only thing that may be in our favor, but i say may. all the rest of the data we have is not. >> right, right, and even in that in our favor as you point out is a lot of death. a lot of death. just a lot of death in a faster period of time. dr. zee, we just played that emotional moment where you talked about what you are facing right now. here you are again, steady uptick in hospitalizations in minnesota, 40% of your icu beds right now i understand are occupied by covid patients. that is the third highest in this nation. and now here you are being told a massive surge is on its way. how do you even process this? >> i mean i don't think you can. it's terrifying. you know, our hospitals are already completely full. i mean there are some icus in the twin cities where 100% of the beds are unvaccinated covid patients on ventilators. and so to think about what it means for another surge or a burst of patients is -- i mean i can't even grasp what that means for us. >> doctor, i know your husband works at another hospital and had a young woman die from covid this week, she was unvaccinated. what are you seeing with your patients? what are you hearing from them at this point about why? >> well, i think the same thing is true for every hospital. it's overwhelmingly unvaccinated people coming in. they are young, much younger than they were before. you know, i don't think they really have reasons that they're unvaccinated. you ask them and some people will say that they, you know, were scared about the vaccine. i think there's a lot of false narratives in media, which is terrifying patients. some of them just don't have access to the vaccine. here at hennepin we serve a population that has very limited access to medical care. we have a lot of homeless patients, we have a lot of immigrants, so i think it's been hard to reach those groups of people to get them vaccinated. >> professor osterholm, as this is happening, we've seen a lot of people leave the critical care nursing industry, just completely exhausted emotionally, physically, the trauma of what they have gone through. so you have fewer people working there than you had before and you're about to have a surge that's as big as you've ever had, right, icus are full. so in that capacity you have the possibility for something really awful to happen. but i want to just layer on top of that the rules right now, which are that according to the cdc, and they just put this out tonight, they said vaccinations aren't enough to slow the spread right now and that they want more testing and all of those things. but what they also said was that everyone who was infected, vaccinated or unvaccinated, needs to isolate for ten days. okay, that makes sense except for if it's spreading so widely that everybody is going to get it including people that don't get symptoms. if nobody is allowed to go to work for ten days. hospitals could have a crisis, so could a lot of other crucial places, right? >> yes. in fact what you have here is a potential perfect storm. i've been very concerned about the fact that we could easily see a quarter, a third of our health care workers quickly becoming cases themselves. this virus is not going to eliminate the transmission to those who are health care workers, it's going to keep going. so what we have to really do right now is figure out what is our plan. what is our emergency plan for a combination of increasing number of cases and decreasing number of health care workers. part of that is due to the fact that they too are infected. this, i think, is a huge challenge over the course of the next three to eight weeks. >> dr. zee, how worried about this are you, staffing shortages and what you are facing? >> i think it's the reality. it's not if we're going to get infected, it's when we're going to get infected. and so i know that we're already the a staffing crisis. i mean i don't know what we're going to do. i think that we have prepared, you know, we have things in place when this round of physicians gets sick, this round of physicians comes in. we're going to have to keep doing that, i don't know. >> doctor, my thoughts are with you. it's terrifying, it's tragic. thank you so much for taking the time to share this. it's so important for people to hear it and understand it from you on the frontline. professor, i always appreciate your expertise on this. thank you. >> thank you. next, the simple question, did joe biden win the election? why couldn't republican candidates for governor in minnesota last night answer that question? >> i don't know. >> what i would say is i don't think the election was fair. >> that was last night. plus anger boiling over inside the democratic party as a key part to biden's agenda is now in serious jeopardy. and the officer when shot and killed daunte wright after mistakenly grabbing her gun instead of her taser is preparing to take the stand. >> do you still want to testify or have you changed your mind? >> yes, your honor, i'll testify. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us this holiday season, give your family the gift that keeps on... going? our very own energizer bunny! energizer ultimate lithium. [snowball splat and windshield wiper] the #1 longest-lasting aa battery. when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org ♪ ♪ cases of anxiety in young adults are rising as experts warn of the effects on well-being caused by the pandemic. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ this is your home. this is your family room slash gym. the guest bedroom 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 home slash vacation home. find yours on the vrbo app. ♪ ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ new tonight the january 6th select committee issuing a subpoena to a retired colonel who spread a 38-page powerpoint document on how to overturn the election. the same document that mark meadows shared with the committee. that colonel, fphil walter, tol "the new york times" that he didn't share it directly with meadows but it's possible someone on his team did. he spoke to meadows eight to ten times and visited the white house on multiple occasions after the 2020 election. trump's big lie about the election fraud that helped incite the deadly riot is still in complete control of the republican party. i want to just show you last night, last night's republican debate for minnesota governor. this was last night, once again, just how this has taken over the gop. so here is moderator hugh hewitt. he asks all five candidates on stage a very simple question to answer. but here is just some of what we heard in the long rambling answers. >> in your opinion did president biden win the constitutional majority of the electoral college. if no, would you explain which states are in dispute. >> i can't know what i don't know. i think we have to take that attitude towards 2020. >> i can tell you the last time chicago has had a perfectly free and fair election. so this is not a new problem. it is not unique to 2020. >> i don't believe there was voter fraud at a massive scale across this country. can i pinpoint the evidence? no, absolutely not. i'm not privy to the scheme. >> what i would say is i don't think the election was fair, but i do think we have the results that we have. each state does their own deal. i'm not a big fan of how it played out. >> to follow up, did president biden win? >> he was certified by congress as having won the electoral college. >> he was certified. she couldn't bring herself to say yes. and that follow-up from hugh hewitt came after she went on and on and on about all the cheating out there. all they had to say and should have said was, yes, that was it, that's the answer. remember the associated press analysis that we told you about last night that they found in six key swing states there were 473 potential cases of voter fraud out of 25 million votes. a recent cnn poll shows that trump's big lie is destroying faith in future elections. just 40% of republicans now say they believe the 2020 midterms will even be fair. outfront now john kasich, two-term republican governor of ohio. of course also served in congress. governor kasich, that last night from hugh hewitt i found stunning. he asked the basic question. five republican governors in governor in minnesota, last night, 24 hours ago, none of them would say that joe biden was the free and fair elected legitimately elected president of the united states. this is incredible. >> well, you know, here's the thing. they're either -- it's probably all about power, okay. they just want to win so badly that they'll say anything, erin. i think that's the first thing. but here's the second thing. maybe they believe it. you know, there's this narrative out here now. look, a lot of people, the narrative is, oh, no, no, no, trump won the election. biden didn't win the election. no matter what the evidence is, just like january 6th, well, we all saw what happened and at the time everybody was horrified. but now it's sort of like, well, you know, it really didn't happen. and by the way, it doesn't fit my narrative. and my narrative says that trump's a great guy, and so no matter what you tell me, i'm not changing because i am locked into my narrative, i'm locked into my group in my silo and i ain't changing. now, some people do, but unfortunately this is -- it's kind of almost like a psychosis where i don't want to be cut out of my group and i just have to go along and no matter what you tell me, i think trump is great. and that's a lot of what's happening in the country with these republicans that support him. >> well, you know, now you've got the january 6th committee, the subpoena to the retired colonel that i just talked about. he was the one that was spreading that 38-page powerpoint. that was all about how to overturn the election. turns out, right, he spoke to mark meadows personally eight to ten times. he went to the white house multiple times, right? this is somebody who had the ears and the attention of the president of the united states' chief of staff. >> you know, the chief of staff is such a powerful position. there have been so many great ones. but for the chief of staff to be entertaining this guy. basically what he was saying is that the election was rigged, it was unfair, and there's no way we can let joe biden become president. frankly, we look at some of those republican congressmen and they were plotting and scheming too, saying, you know, well, did pence have the authority to not count electors. i think that was what was behind this guy's argument was in the white house. it was complete nonsense. now, if you go and tell people who are diehard trumpers, and i don't want to run them down, but i will tell you this. if you tell them this stuff, they just disregard it. they'll say it's not true or it's not the case. again, it's because they have a narrative in their mind and they're sticking to it no matter what the facts are, erin. it's scary, though, isn't it? >> it's scary for wanting a democracy and a two-party system. because if 40% of republicans think that the midterms are unfair and therefore don't vote, i mean it's cascading. people's voices aren't heard. it's awful. we saw it in georgia, right? you tell people that things are rigged and then they don't participate. so i want to ask you about somebody from your state, jim jordan, congressman, top trump ally. he forwarded the text message to mark meadows the day before the insurrection. that was pushing a plan for pence to overturn the election and not certify. here is what republican congressman adam kinzinger, who sits on the select committee investigating, is now saying. >> i certainly believe, and again this is not based on anything i know through the committee yet, but i certainly believe members of congress knew what was going to happen, some members knew. i certainly believe some members instigated this. >> do you believe that? >> i'm not sure that i'd go that far, erin. i really don't know. but what i do know is that there have been a group of them that were plotting and scheming to figure out how not to elect biden to get the electors that he needed. i understand that that text that was sent to meadows was based on that guy who visited the white house eight or ten times, which is really kind of hard to believe as to whether they wanted to instigate violence or whatever, i don't buy that. i wouldn't say that. i wouldn't say that about somebody that i didn't know. but what they were clearly trying to do is to say, you know, that perhaps pence had power to do things that he of course did not have in an effort to try to keep the election from going to biden. it's sad. it's ridiculous, erin. it's just ridiculous. and it's almost christmas week and we've got to deal with this. it's just nuts. >> governor, thank you so much. i appreciate your time. >> okay, erin. thank you. next, president biden just acknowledging a key part of his agenda will not pass this year, leaving democrats, and i quote from sources, frustrated, disappointed, with at least one member of their own party who is actually the one who stopped this. plus the officer who shot and killed daunte wright. she plans to testify in her own defense possibly tomorrow. it's a big deal. what will we hear? ♪ "how bizarre" by omc ♪ no annual fee on any discover card. ♪ ♪ i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us where's mom? she said she would be home in time for the show. don't worry, sweetie. she promised she'd be here for it. ooh! nice shot! thanks! glad we have xfinity, with wifi speed faster than a gig! me too! woah, look! mom is on tv! she's amazing! (cheers) xfinity brought us together, after all! power your whole home this holiday with wifi speeds faster than a gig. click, call, or visit a store today. sing 2 breaking news. president biden admitting democrats will miss their christmas deadline to pass his sweeping build back better plan, but saying he is, quote, determined to see the bill successfully on the floor as early as possible. biden citing ongoing talks with key senator joe manchin which have stalled. of course democrats wanted this bill to pass all the way back in september. and all of this time passing has led to growing anger among manch in's fellow democrats. >> what is the general feeling about where things stand, are you frustrated? >> frustrated and disappointed. >> at this time is it time to think about breaking up bbb into more digestible pieces? >> i don't know if that's the answer or not. apparently manchin's approach to this has changed a lot. i don't know where he is today or where he'll be tomorrow. >> we have one person, or two people just stop everything, and that is why people in our country should know that a 50-50 senate sucks. >> senator hirono referring to senators manchin and sinema. manu raju is outfront. this is a major blow for biden and other democrats who want this tonight. they have wanted it since september. they did that deal to get the infrastructure bill with the sort of feeling they had a deal to get this done and yet they don't seem to be at all on the same page in their own party. do they have faith that manchin will suddenly turn around and support this? >> it's really unclear at this point. there is disagreement over the structure of this bill. joe manchin has concerns over some of the temporary spending measures in this plan saying it should be extended out to ten years in order to give americans a true sense of the cost of this proposal. one of those provisions, the child tax credit. under this plan it would be extended for one year. the expansion of this would expire at the end of this year if they don't act, which adds a sense of urgency, but manchin does not want to go along with a one-year extension saying it would not reflect what americans wolf here. so i just had the chance to catch up with joe manchin and asked about the pressure he is getting from democrats to change his position on that key issue and he indicated he's not feeling any pressure. >> it seems like they're putting a lot of pressure on you with the child tax credit. >> pressure on me? >> pressuring you to change your position. >> no one pressures me. i'm from west virginia. >> are you going to change your position on that? the way that it's in the bill, the one-year protection. >> i'm always for child tax credit. always will be. >> reporter: at the end he says i will always be for the child tax credit. what he does not say is that he supports the structure of this, what's in the current bill which is the one-year extension. erin, what he's suggesting would lead to significant either dropping this provision altogether from the bill, which democrats don't want to do, or to rewriting it in a substantial way and that is something that could take some time, take weeks or months and can they get their whole caucus behind that and the rest of the changes joe manchin wants in the weeks ahead is still a major question. democrats thought this would be law by now but it's possible it might not ever become law. >> manu, thank you very much. i want to go outfront now to democratic senator chris coons. so, senator coons, do you share some of your fellow democrats' frustrations with senator manchin tonight? >> certainly a share a sense of frustration that we are nearing the end of this year and we don't yet have a clear path towards enactment of the build back better bill. but let me be clear about what's in president biden's statement tonight and what i believe, having spoken to senator manch en in a few moments ago. senator manchin has reconfirmed to president biden his willingness to pass a bill that is at the same scale as the framework they agreed on months ago. that's roughly $1.75 trillion over a number of years. that is a significant piece of legislation, erin. and if we can come to final agreement on the details in a bill that provides universal pre-k, significant support for day care, more than $500 billion in investments around climate change, that is a significant piece of legislation. and in this past year between the american rescue plan and the bipartisan infrastructure bill, we've already accomplished a lot of president biden's legislative agenda. so while frustrated tonight, i remain optimistic that we will get this done. >> now, when you listed things there, you did not include the child tax credit. i don't know if that was on purpose or not, senator, but i mention that only in the context of, yes, $1.75 trill upion is a massive piece of legislation. but if you want to do it the way manchin wants, and you're going to do it over ten years because that's what you intend to do, you're going to have to give a lot of stuff up that's in there right now. you just are. >> well, i'll disagree. there was a framework agreement we reached months ago. rather than focusing on what we're giving up, i want to help us focus on what we're delivering for the american people because, frankly, there is a prescription drug chapter to this that would reduce those costs. there is a passage in here, a section that would reduce the costs of day care and elder care. those make a difference in the lives of working families. yes, there are some details we still have to resolve. there may still be weeks left of final negotiating before we get this to the floor. >> but are you going to put your pay fors in for ten years? are you willing to do what senator manchin is saying? this is a dramatic change. none of this stuff is in here for ten years. child tax credit for one year, some of it is five, some for six, none for ten. many in your party intend them to be permanent. >> the point is if they're in the bill and expire after several years, that means we'd have to take legislative action. there may be members of my caucus who intend them to be permanent, but, you know, this is a part of the back and forth with senator manchin. we would have to take legislative action in the future to extend them. it doesn't happen automatically. so i think we ought to focus on the policies that we all agree on, work out some of these differences which i view as minor in the scope of a significant piece of legislation, and get to the floor. look, earlier tonight on the floor of the senate i got to pass a piece of legislation that senator murkowski and i have worked on for years that will make a real difference to americans that are living with als. it will give them hope, access to medication and access to experimental treatments. we are still getting things done here. i recognize that it is easier to focus on the negatives about senator manchin's comments today, but there are positives. we are getting things done in the senate and i remain optimistic, as does president biden, that in the end we will get this done. >> before we go, you're on the foreign relations committee, senior ukrainian official i'm sure you saw on sky news overnight said yes, when she was asked if a russian invasion of ukraine would lead to a third world war. do you agree? >> well, i am very concerned that vladimir putin is amassing hundreds of thousands of troops right on the border with ukraine. president biden has made it clear that we will stand with our other european allies and do everything we can to defend ukrainian sovereignty. i think making it clear that we intend to impose punishing sanctions, unprecedented sanctions on russia should they act further in the coming weeks is a strong deterrent. and i think we have to proceed here deliberately, carefully, in a bipartisan way to send a firm signal to vladimir putin that the west will oppose any further aggressive actions against ukraine. >> obviously so much more to that conversation, but i appreciate your time tonight, senator, thank you. >> thank you, erin. and next, the officer who shot and killed daunte wright says she plans to take the stand. she will testify. it's an incredible step. and a so-called super volcano in nevada. a super volcano in nevada may hold the key to powering electric vehicles. will opening up that mountain to mining do more harm than good? tide pods child-guard pack helps keep your laundry pacs in a safe place and your child safer. to close, twist until it clicks. tide pods child-guard packaging. a mountain of toys to fulfill many wishes must be carried across all roads and all bridges. it's not magic that makes more holiday deliveries to homes in the us than anyone else, it's the hardworking people of the united states postal service. is struggling to manage your type 2 diabetes knocking you out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. 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. tonight, the defense's turn. defense attorneys in the kim potter trial calling their first witness, a use of force expert, who said it was reasonable for potter to pull what she thought was her taser on daunte wright. this testimony directly contradicting the prosecution's use of force expert yesterday. potter claims she mistakenly grabbed her gun instead of her taser. she confirmed today that she still plans to testify. josh campbell is outfront. >> no, your honor, the state rests. >> reporter: the prosecution resting its case thursday morning in the manslaughter trial of former officer, kim potter. >> i shot him! oh, my god! >> reporter: who shot and killed daunte wright with her gun after yelling "taser" during a traffic stop in april. the defense slamming the government's case. the first witness for the defense, a use of force expert testifying brooklyn center police had no choice but to arrest daunte wright. >> with a bench warrant outstanding for the driver was there in your view an obligation to arrest him, meaning mr. wright. >> absolutely a mandate. >> reporter: and insisting user a taser would have been justified to protect other officers. >> was officer potter's perceived use of a taser consistent with contemporary and professional police training and practice? >> yes, sir. >> reporter: those comments contradicting an expert called wednesday by the prosecution. >> the use of a taser under the circumstances was unreasonable and inconsistent with generally accepted practices. >> reporter: in cross-examination thursday, the prosecution making the point that even if an officer can arrest a suspect, officers must still act appropriately. >> you can't just shoot somebody because they decided not to cooperate with being arrested. >> of course not. >> she was a fine officer. >> also testifying the former brooklyn center police chief who resigned just days after the fatal shooting. >> i believe one of the reasons that i was required or requested to leave the agency was because i would not immediately fire kim potter. there's certain things within the department that you get known for. are you handling your calls, are you professional when you talk with people, are you doing good police reports. she was known for doing all those things. >> reporter: and testifying that he saw nothing wrong with potter's actions during her encounter with wright. >> is it your opinion that not only could a taser be used in this chaotic situation, but also a gun, is that right? >> that is correct. >> are you doing any favors for her by saying this? >> i am not. >> reporter: potter's defense attorney who throughout the trial has repeatedly interrupted prosecutors to argue his points admonished again thursday. >> that wasn't a quote. >> okay, counsel, remember, no speaking objections. oh, my god. >> i apologize. >> reporter: two witnesses still remaining, including potter herself, who will face the jury and testify in her own defense. >> miss potter, do you still want to testify, or have you changed your mind? >> yes, your honor, i'll testify. >> erin, the testimony of this former officer could come as early as tomorrow morning. it is a bold move for a defendant to take the stand, but it signals that her attorneys are likely confident enough that she will be seen by the jury as believable. of course taking the stand also opens her up to certain risks. she will be cross-examined by a team of prosecutors who have no doubt spent months planning questions that they would ask her if only given the chance. >> all right, josh, thank you very much. josh has been covering this trial and now stephanie rawlings, former defense attorney and former mayor of baltimore who has been with us throughout this. so the defense today, mayor, kicks off the case with a use of force expert who testifies that it was reasonable for potter to pull what she thought was her taser on daunte wright. that is the exact opposite of what we heard from the prosecution's use of force expert yesterday who said it was categorical that there was no excuse for pulling even a taser in this specific case. so how does a jury weigh testimony that is just diametrically opposed like this? >> i think the jury is going to look at the video, and the jury is going to listen to what both of them said. you know, every time we have officers that go out to work, any traffic stop can turn -- it can be a simple traffic stop or turn into a horrible situation. and the testimony today said, you know, this was a case where a taser would have been required to keep the situation under control. and, you know, he was pretty believable. that coupled with the fact that the prosecution's case simply -- it seems to say she should have known better. they haven't put on much more evidence than she should have known better. so it really puts the jury in a tough spot as far as finding her guilty. >> so she told the judge she still plans to testify. what do you think of that decision, and how significant will it be given what you just said, which is that there's -- there's real confusion here? >> there's confusion but there was no confusion about her reaction. if you take a look at the video of her reaction, she's mortified. and i think that she will be a sympathetic witness. if they ask her anything, she will probably say that she is mortified and she would wish she could take it back. and she's not going to give them anything, i don't think, to show them that it was negligence. i think that the jury is going to have to make up their mind can an officer, a skilled officer that does training make a mistake. a horrible, tragic mistake, but a mistake. >> that is the crucial question. it comes down to such a human question as that. thank you so much, mayor. and that crucial testimony of course will be tomorrow. next, a showdown and we'll take you to this incredible story, inside the battle over a piece of land, a volcano in this country, that holds the key to powering electric cars. a major decision tonight by the administration that could affect the entire fight over abortion rights. just getting by. it's an ongoing struggle. that's why president biden and democrats in congress have a plan to lower costs for america's working families. lower costs of health care premiums. and the price of prescription drugs. pay less for electric bills by moving to clean energy. we do it all by making the ultra-wealthy pay their fair share of taxes. it'd be a win for the everyday american family. right when they could really use one. congress, let's get this done. i thought i was managing my moderate to severe crohn's disease. then i realized something was missing... ...me. my symptoms were keeping me from being there for her. so, i talked to my doctor and learned humira is the #1 prescribed biologic for people with crohn's disease. humira helps people achieve remission that can last. and the majority of people on humira saw significant symptom relief in as little as 4 weeks. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. learn how abbvie could help you save on humira. advanced non-small cell lung cancer can change everything. but your first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread, tests positive for pd-l1, and does not have an abnormal egfr or alk gene. it's the only fda-approved combination of two immunotherapies. opdivo plus yervoy equals... a chance for more time together. more family time. more quiet time. opdivo and yervoy can cause your immune system to harm healthy parts of your body during and after treatment. these problems can be severe and lead to death. see your doctor right away if you have a cough; chest pain; shortness of breath; irregular heartbeat; diarrhea; constipation; severe stomach pain, nausea or vomiting; dizziness; fainting; eye problems; extreme tiredness; changes in appetite, thirst or urine; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; or fever. these are not all the possible side effects. problems can occur together and more often when opdivo is used with yervoy. tell your doctor about all medical conditions including immune or nervous system problems, if you've had or plan to have an organ or stem cell transplant, or received chest radiation. here's to a chance to live longer. ask your doctor about chemo-free opdivo plus yervoy. thank you to all those in our clinical trials. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us tonight, an extinct super volcano in nevada has the vital resource needed to power electric vehicles but there are some environmentalists who want that area to remain untouched. and renee marsh is out front with tonight's inside look. >> reporter: 13 degrees and both the sun and temperature is going down in the northern desert of nevada. >> it it gets pretty dark pretty fast around here. >> it does in the winter, and the cold is pretty fierce too. >> reporter: this is where self-described radical environmentalist max wilbert is spending the night. >> what are you doing out here? >> blowing up a mountain for coal mining i think is wrong. i think blowing up a mountain for lithium mining is just as wrong. >> reporter: in the nevada desert this site known as thacker pass could make the united states a player in the fast-growing market for lithium for electric vehicles. lithium is used to make batteries for electric vehicles and is critical to the clean energy transition. there's currentry only one lit lithium-producing mine in the united states, located halfway between reno and las vegas. the majority of the world's lithium is mined in australia and south america. protesters have rotated in and out of this encampment for the past 11 months. they say what will become the largest federally approved lithium mining project operating in the u.s. comes at an environmental cost. >> producing one electric car releases something like nine tons of greenhouse gases on average. the whole issue of electric vehicles and lithium mining is tricking us into believing that we can have this modern industrial lifestyle that we all enjoy and also solve global warming. >> it's not going to solve any climate change problem but it's a major contribution. >> reporter: lithium mining in the state of nevada has pitted environmentalists against other environmentalists. glenn miller, a former professor of environmental science at the university of nevada reno, supports the mine. he says it will cut carbon emissions from the transportation sector, a major source of greenhouse gases. >> radical environmentalists are going to argue that the only way to solve the climate change problem is to drive a whole lot less, i mean a whole lot less, and o'not burn gasoline or coal. well, that's not going to happen. >> reporter: he says not transitioning to electric vehicles is far more dangerous to humanity. the ceo for mining company lithium americas acknowledges operations produce some co2, but it's offset by electric vehicles' zero tailpipe emissions. >> there is an ability here to mitigate and do things as sustainable as possible. >> reporter: back in the desert wilbert is willing to risk it all to stop any mining on this site. >> you're willing to if this project moves forward throw your bodies in between mining machinery to prevent it. sounds a bit extreme. do you mean that? >> our laws haven't caught up with the reality of what's happening to our planet. and so people might have to break the law in order to change what's happening. >> reporter: the mining company lithium americas faces legal challenges from groups who want to block the project. but the mining companies tell cnn that they hope to break ground here by early next year. erin? >> all right. thank you very much. incredible just to see that. and those temperatures there too. all of it. thanks so much to rene. and next, the war over abortion rights shifting tonight after a decision that could actually help women who want to end early stage pregnancies. you'll see. when you switch to mint now, you'll get three months of premium wireless free on any plan, even unlimited. yeah. even unlimited. that's right. while the big wireless companies spend billions on holiday ads luring you into expensive contracts, we spent $79 on this stock video so we can afford to give you stuff for free. you gotta be into that, right? yes, you can't resist savings. this is your home. this is your family room slash gym. the guest bedroom 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 home slash vacation home. find yours on the vrbo app. ♪ want your clothes to smell freshly washed all day without heavy perfumes? now they can! with downy light in-wash freshness boosters. just pour a capful of beads into your washing machine before each load. to give your laundry a light scent that lasts longer than detergent alone, with no heavy perfumes or dyes. finally, a light scent that lasts all day! new downy light, available in four naturally-inspired scents. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities. tonight, a major decision on abortion. the food and drug administration permanently lifting a requirement that patients must pick up a pill in person to end early stage pregnancies. translation, women can now get that pill in the mail. it's a huge thing, and it was actually just a trial run during the pandemic. it is now permanent. the two-step abortion pill option has grown increasingly popular. about 60% of people chose that method within the first ten weeks of their pregnancy, and that is according to the latest data from 2017. but the right to these pills could be in jeopardy, thanks to cases before the supreme court that could reverse roe versus wade and the right to an abortion altogether. the high court is considering a mississippi law that goes right to the heart of that that could completely end the right to abortions. and of course the court is already effectively allowing texas's effective ban on abortions. thanks so much for joining us. and don't forget, you can watch the show anytime on cnn go. it's time now for "ac 360" with anderson. good evening. covid cases are spiking. the new strain is surging. and so are concerns that winter of 2021 could soon look like march of 2020. concerns we should say up front but not a cause for panic. certainly, though, a new call to action. already in new york where the positivity rate has doubled in just four days. long lines are forming at test centers. the same in other big cities. that's miami there on the right. the mayor in miami reinstating emergency hospital provisions last seen at the start of the delta surge. now, this is happening nationwide. and yes, it is yet another heavy burden on health care professionals and on everyone. the new omicron strain worries all of us. and yet again it raises questions about what steps we can and should take to meet it it. in a moment dr. sanjay gupta and leana wen join us with som

Related Keywords

Christopher Solis , Body , Result , Wounds , Shield , Afghanistan , Hof , 2005 , One , Erin Burnett Outfront , Earl Plumlee , Actions , Ceremony , Army , 2013 , Joe Biden , Unvaccinated , Cases , Hospitalizations , Death , Illness , Outfront Next , Winter , Committee Issuing A , Exploding , January 6 , 6 , Senator Manchin , Democrats , Election , Colonel , Subpoena , Anger , Presentation , Frustration , Spending Bill , Mounts , Reality , Covid , American , Outfront Tonight , Erin Burnett , 60 , Country , President , Officials , Omicron Variant , Health , Grip , Biden Meeting , Hospitals , Families , Number , Mayor , Rush , New York City , Positive , Health Advisor Tweeting , December 9th , Three , 9 , 12 , 12th , People , Nation , Health Care System , Impact , 40 , 1300 , Businesses , Home , Citigroup , States , Breakthrough Infections , Cities , Spike , Beginning , Wave , Scrambling , Employees , Broadway , Data , United Kingdom , Universities , Growing Number , Casts , Finals , Middlebury College , List , Vermont , Princeton , Nyu , Record Number , Pandemic , Queen , Cases , Outbreak , 88376 , Variant , Vaccines , Cdc , Onslaught , Family Lunch , Moderna , Pfizer , Surge , Thing , Vaccine , Doctor , Toll , Johnson , 16 Million , Crisis , Many , Reporter , Sense , White House , Urgency , Phil Mattingly Outfront , Threat , Severity , It , Message , Delta Variant , Idea , Much , Question , Course , Boosters , Concern , Winter Surge , Hope , Administration , Real Question , Concerns , Protection , Couple , Wake , Things , Yes , Majority , Calculations , Point , Expectation , Framing , Necessity , 50 Million , Everybody , Answer , Recovery , Disruptions , Schools , Option , Belief , Boofsters , Questions , Wall , Infections , Breakthroughs , Means , Professor Osterholm , University Of Minnesota , Dr , Both , Health Care , Minneapolis , Shirley Zee , At Hennepin , Hearing , Infection Side , Mode , Signs , Outbreaks , Numbers , Increase , Omicron Variants , Millions , South Africa , Europe , Eight , Virus , Professor , Top , Delta , Fact , Note , We Saw , Steep Curve , Surges , Terms , Beta , Favor , Burst , Rest , Say May , Leveling Off , Lot , Zee , Patients , Minnesota , Beds , Highest , Icu , Uptick , Way , Twin Cities , Icus , 100 , Ventilators , Hospital , Woman , Husband , Reasons , Access , Care , Some , Narratives , Media , Population , Hennepin , Critical Care Nursing Industry , Groups , Homeless Patients , Happening , Immigrants , Trauma , Capacity , Something , Spread , Testing , Vaccinations , Possibility , Rules , Which Democrats Don T , Everyone , Ten , Symptoms , Storm , Places , Nobody , Health Care Workers , Transmission , Third , Rescue Plan , Part , Combination , Emergency Plan , Challenge , Figure , Staffing Shortages , Staffing Crisis , Place , Round , Physicians , I Don T Know , Thoughts , Sick , Expertise , Frontline , Governor , Republican , Candidates , Couldn T , Last Night , Officer , Taser , Daunte Wright , Stand , Gun , Agenda , Jeopardy , Anger Boiling , Ray , Vacations , Mind , Honor , Everything , Glucose Levels , Diabetes , No , Libre 2 , 2 , A1c , Mystery , Visit Freestylelibre Us , Family , Gift , Holiday Season , Aa Battery , Energizer Ultimate Lithium , Energizer Bunny , Snowball Splat , Windshield Wiper , 1 , World , Words , Finding Understanding Doesn T , Autism , Kinder , Autism Spectrum , Adults , Experts , Effects , Well Being , Anxiety , Family Room Slash Gym , Daybed , Yoga Shanti Slash , The Living Room , Bedroom Slash Music Studio , Slash Classroom , Vacation , Panic Room , Basement Slash , Family Needs , App , Vrbo , Google , Powerpoint , Document , January 6th Select Committee , January 6th , 38 , Foreign Relations Committee , Meadows , Team , Fphil Walter , Someone , The New York Times , Mark Meadows , Tol , Trump , Times , Big Lie , Control , Election Fraud , Occasions , Riot , 2020 , Hugh Hewitt , Debate , Five , Electoral College , Opinion , Answers , President Of The United States , Chicago , Attitude , Dispute , Evidence , Voter Fraud , Problem , Scale , Scheme , Fair , State , Deal , Certified , Results , Fan , Congress , Biden Win , Associated Press , Cheating , Cnn , Votes , Poll , Swing States , Analysis , 25 Million , Six , 473 , John Kasich , Republicans , Faith , Midterms , Elections , Ohio , Two , None , Governors , 24 , Power , Anything , Matter , Narrative , Biden Didn T , Guy , Saw , Like , Group , Psychosis , Kind , Ain T Changing , Silo , January 6th Committee , Turns , Somebody , Position , Chief Of Staff , Ears , Attention , Saying , Congressmen , Ones , Electors , Pence , Scheming , Plotting , Argument , Nonsense , Authority , Case , Stuff , Diehard Trumpers , Isn T , Democracy , Facts , Cascading , Two Party System , Don T Vote , Voices Aren T Heard , Congressman , Georgia , Jim Jordan , Adam Kinzinger , Text Message , Insurrection , Ally , Members , Know , Don T Know , Text , Violence , Effort , Sad , Party , Member , Sources , Frustrated , Defense , Fee , Card , Omc , How Bizarre , Energy , Protein , Sighs Wearily , Excited Yell , Thirty , Sugar , Nutrients , Show , Mom , Gig , Xfinity , Don T Worry , Sweetie , Shot , Speed , Wifi , Nice , Holiday , Woah , Tv , Whole , Call , Store , Click , Sing 2 , Floor , Build , Breaking News , Quote , Talks , Passing , Led , Manch In , Pieces , Feeling , Person , Senate , Apparently Manchin , Approach , 50 , Senator , Manu Raju , Blow , Senators Manchin , Hirono , Sinema , Infrastructure Bill , Page , Sort , Cost , Order , Structure , Disagreement , Spending , Measures , Child Tax Credit , Expansion , Provisions , They Don T Act , Proposal , Pressure , Chance , Pressures , Issue , The End , West Virginia , Bill , Extension , Provision , Law , Changes , Caucus , Share , Chris Coons , Frustrations , Senator Coons , Statement , Enactment , Path , Framework , Willingness , 1 75 Trillion , 75 Trillion , Piece , Legislation , Day Care , Details , Agreement , Support , Pre K , 00 Billion , 500 Billion , Climate Change , Done , Context , Purpose , Trill Upion , 1 75 , 75 , Framework Agreement , Costs , Section , Prescription Drug Chapter , Working Families , Passage , Lives , Make A Difference , Pay , Change , Negotiating , Fors , Action , Back , It Doesn T , Differences , Policies , Scope , Minor , Murkowski , Medication , Als , Difference , Comments , End , Positives , Treatments , Negatives , Senior , You Saw , Invasion , Ukraine , Sky News , Third World War , Russian , Border , Troops , Allies , Vladimir Putin , Amassing Hundreds Of Thousands , Sanctions , Deterrent , Sovereignty , Signal , West , Conversation , Erin , Kim Potter , Volcano , Super Volcano , Nevada , Step , Mountain , Mining , Electric Vehicles , Twist , Child , Harm , Safer , Good , Pack , Laundry Pacs , Tide Pods , Homes , Packaging , Bridges , Wishes , Roads , Toys , Anyone , Holiday Deliveries , Don T Take Ozempic , Type 2 Diabetes , Oh , Zone , United States Postal Service , Weight , Cv Risk , Game , 7 , Risk , Events , Heart Disease , Type 2 Diabetes Zone , Stroke , Heart Attack , Type 1 Diabetes , Medullary Thyroid Cancer , Needles , Pens , Reuse , Endocrine Neoplasia Syndrome , Vomiting , Nausea , Reaction , Side Effects , Stomach Pain , Vision Problems , Blood Sugar Risk , Lump , Insulin , Stop Ozempic , Provider , Swelling , Help , Neck , Pancreatitis , Sulfonylurea , Diarrhea , Prescription , Kidney Problems , Health Care Provider , Dehydration , 5 , 3 , 25 , Emergency , Parents , Safe , Emergency Planning , Kids , Tips , Phone Numbers , Homework , Neighbors , Siblings , Emergency Supply Kit , Go Home , Stay , Witness , Expert , Use , Potter , Force , Defense Attorneys , Turn , Kim Potter Trial , Testimony , Prosecution , Josh Campbell , Manslaughter Trial , God , Traffic Stop , Police , Government , Choice , Brooklyn Center , User A Taser , Bench Warrant , Mr , View , Obligation , Driver , Mandate , Officers , Training , Sir , Suspect , Circumstances , Practices , Cross Examination Thursday , Police Chief , Shooting , Former , Police Reports , Agency , Calls , Department , Situation , He Saw , Nothing , Prosecutors , Defense Attorney , Trial , Points , Favors , Jury , Witnesses , Counsel , Okay , Speaking Objections , Wasn T A Quote , Miss Potter , Defendant , Risks , Attorneys , Move , Rawlings , Baltimore , Force Expert , Opposite , Video , Jury Weigh Testimony , Excuse , Work , Laws Haven T , Guilty , Spot , Decision , Confusion , Judge , Look , Mortified , I Don T Think , Negligence , Mistake , Human Question , Horrible , Abortion Rights , Key , Story , Battle , Showdown , Land , Fight , Next , Bills , Struggle , Prescription Drugs , Health Care Premiums , Price , Win , Taxes , Humira , Crohn S Disease , Moderate , Biologic , Remission , Ability , Nervous System Problems , Humira Saw , Symptom , Have , Cancers , Blood , Liver , Relief , Tuberculosis , Lymphoma , 4 , Areas , Reactions , Heart Failure , Sores , Hepatitis B , Tb , Cell Lung Cancer , Infection , Gastroenterologist , Opdivo Plus Yervoy , Treatment , Immunotherapies , Egfr , Pd L1 , Yervoy , Opdivo , Immune System , Quiet Time , Alk , Gene , Fda , Problems , Parts , Eye Problems , Irregular Heartbeat , Chest Pain , Breath , Shortness , Lead , Tiredness , Constipation , Dizziness , Fainting , Cough , Memory Problems , Joint Pain , Muscle Pain , Urine , Appetite , Flushing , Weakness , Fever , Rash , Thirst , Itching , Conditions , Stem Cell Transplant , Chest Radiation , Organ , Trials , Resource , Power Electric Vehicles , Environmentalists , Desert , Area , Temperature , Renee Marsh , Tonight S Inside Look , Sun , 13 , Max Wilbert , Cold , Lithium , Lithium Mining , Site , Coal Mining , Fast Growing Market , Player , Thacker Pass , Nevada Desert , Vehicles , Mine , Energy Transition , Batteries , Reno , Las Vegas , Currentry , Protesters , Encampment , Lithium Mining Project , Australia , 11 , Greenhouse Gases , Average , Lifestyle , Nine , Climate Change Problem , Glenn Miller , Contribution , Enjoy , Carbon Emissions , Source , Science , University Of Nevada Reno , Transportation Sector , Coal , Gasoline , Lithium Americas , Operations , Ceo , Co2 , Tailpipe Emissions , Humanity , Zero , Project , Bodies , Desert Wilbert , The Mining Company Lithium Americas , Planet , Mining Machinery , Companies , Ground , Challenges , Temperatures , Women , Thanks , Stage Pregnancies , War , Mint , Rene , Contracts , Stock Video , 79 , Savings , Perfumes , Clothes , Downy Light , Wash Freshness , Light Scent , Washing Machine , Detergent , Laundry , Beads , Load , Dyes , Capful , Scents , Four , Small Business , Flexibility , Service , Comcast Business Mobile , Lines , Contract , Business , Line , Match Data Options , Network , Term , Mix , Customers , Internet , Fees , Nationwide 5g , 0 , 30 , Possibilities , Comcast Business , Pill , Abortion , Requirement , Translation , Abortion Pill Option , Mail , Trial Run , Pills , Pregnancy , Supreme Court , Method , 2017 , Abortions , Court , Heart , High Court , Ban , Mississippi , Texas , Roe Versus Wade , It S Time , Strain , Cnn Go , Ac 360 , Anderson , 360 , Panic , Cause , Positivity Rate , Call To Action , 2021 , March Of 2020 , Miami , Same , Right , Test Centers , Start , Delta Surge , Reinstating Emergency Hospital Provisions , Health Care Professionals , Burden , Som , Leana Wen , Sanjay Gupta ,