right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ the united states and all around the world. it is friday, december 17th. i'm john berman with chief white house correspondent kaitlan collins this morning. nice to see you here. >> back in action. >> there's a lot going on this morning. on your beat, i should note as well. the white house is a new series of concerns with this pandemic. >> yeah. >> this morning, what might be the most complicated moment of the pandemic. not the deadliest, not the worst, but the most nuanced, probably the most confusing and i would say the most challenging. we are seeing huge increases in the number of coronavirus cases. that in itself is causing major reactions. a new group of colleges and universities have shifted their classes online. broadway canceled performances. one just minutes before the opening curtain. everyone was seated already. new outbreak in post pro sports. the league postponed games. the nba and nfl updated protocols for the holiday season, issuing new mask requirements and restrictions and the like. speeding up the team asymptomatic players can get back to the field or courts after testing negative. companies are cracking down on the unvaccinated. new orleans this morning becoming the first public school system in the nation to mandate vaccines for children 5 and up. >> that is huge for parents there. when you look at this and all these developments john just told you about, here are where the numbers are. the u.s. is averaging 119,000 new cases each day. that's 40% higher than where we were just a month ago. coronavirus hospitalizations are also 40% higher, more than 67,000 people. right now icu beds are 78% full and one in five of those patients has covid. nationwide, 1,326 coronavirus deaths are being reported on average each day. the cdc is predicting that hospital admissions could reach record levels in the coming weeks. with cases and deaths looking a lot like what we saw last winter, with holiday travel expected to approach pre-pandemic levels. president biden is appealing directly to those who have not yet gotten the vaccine. >> for unvaccinated, we are looking at a winter of severe illness and death. for unvaccinated. for themselves, their families, and the hospitals they will soon overwhelm. but there's good news. if you're vaccinated, you have your booster shot, you are protected from severe illness and death, period. >> a startling surge in coronavirus cases is giving whiplash to new york city. the positivity rate has doubled in three days. the rapid surge is alarming city officials who now plan to distribute a million masks and 500,000 homemade -- home tests, not homemade tests. it makes testing more easily available with more sites, longer hours. shimon prokupecz is live in new york where, as you can see, people are already lining up to get tested this morning. shimon. >> reporter: yeah, kaitlan. and people have been online since 5:00 a.m. the testing site behind me opens at 7:00 a.m. but i want to show you the line here. it continuously has been growing. they are positioning some of the people here to stand this way on the other side. probably about 100 or so people on this line already this morning. and they're not even open. this is just -- underscores the anxiety across the city, as you said, seeing this rate double in three days. when you look at the numbers, the city putting out some numbers yesterday saying that on december 9th we were at 3.9%. by december 12th,s we were at 7.3%. so there is growing concern. as you said, the city are going to issue masks. they're also going to give people tests so they can do it at home. it is also causing problems across restaurants in the city. broadway shows have had to be canceled. audiences in the seat already waiting for the show to start last night when mullan rouge was canceled. so sourpbl there is a lot of growing concern and anxiety across the city as the numbers continue to rise. i happened to talk to some of the people standing here in line this morning. some of them are getting tested because they've been exposed. they were in meetings with someone who came out positive, who tested positive. so there is concern. that is why we are seeing so many people getting in line really across the city to get tested. >> those are big questions of whether or not do you have to go and contact trace everyone. what does this look like when it comes to quarantining now? a lot of big questions, shimon. thank you for being there this morning as that line for testing is only getting longer. meanwhile, airports are bracing for another kind of surge of passengers. the tsa is expecting almost as many travelers this christmas and new year's as over thanksgiving when pandemic travel records were set. and at least one airline is adding flights to meet the demand. cnn's pete muntean is live at reagan national airport this morning. pete, i'll be flying into there later today. so what are you seeing? >> reporter: kaitlan, things are getting busier by the moment. united airlines predicts the busy period starts today and lasts until next thursday. it projects its numbers will be 20% higher than what it saw during the thanksgiving travel period when we set pandemic era records. the tsa projects between 20 and 21 million people will pass through security at america's airports between december 23rd and january 3rd. just look back to where we were a year ago. the numbers on average, we were lucky to see a million people a day. now 2 million a day. twice as big as the depths of the pandemic. the real question is whether the omicron variant will have an impact as the numbers go up. airlines have seen a waivering in books. united ceo says cancellations have gone up but not nearly as bad as when the delta variant struck this summer. here is what he said. >> 2022 is still going to be a recovery year for the industry. because, you know, we're not -- covid isn't over yet. covid is never going to be over. it is probably still in the pandemic phase instead of the endemic phase. >> reporter: something real interesting here, kaitlan, the cdc is giving out at-home test kits to international travelers as they arrive into the united states. it says it is imperative for them to get tested three to five days after they enter the country. chicago, minneapolis, miami, da dallas ft. worth. mask up because of the pandemic. bring a lot of patience and flexibility. if you haven't booked your travel already, you may want to consider booking christmas day itself. that's when the numbers are projected to be the lowest. kaitlan. >> i'll keep that in mind. the numbers fascinating. this is something they have not done previously. imperative to get tested after an international flight but not yet required. pete muntean, thank you so much. >> reporter: that's right. >> our thanks to pete. let's bring in dr. sanjay gupta. sanjay, i think we are in some ways the most complicated part of this pandemic and the most challenging. because there are trends that don't exactly always line up. people double vaccinated and boosted. but you are seeing these cases shooting up. the lines in new york city where the test centers aren't even open and they're around the block. in florida, there aren't as many cases of these mobile drive-through testing. people are concerned. people know people with it. and they just want to know what's going on. >> yeah. i think there's no doubt. and we see this, you know, we saw this after delta when delta started to emerge there was a clamoring for tests and people getting vaccinated. we never really had a clear denominator because we haven't done enough testing. you remember at some point they were talking about the fact that we need to be doing 20 million tests a day, which i know sounds ridiculous when you hear that. that is what the path to recovery was that was put out by harvard school of public health. i'm talking last summer even. we're still not there. it's important to get an idea of people who have minimal symptoms or even no symptoms and find out how much this is spreading. the thing about this particular variant that is becoming clear, it's really contagious. people were careful but not as careful as they should be. it will be tougher to get away with omicron. we don't know and hopefully it's not as severe with other variants. when we see what happens in nursing homes, long-term care facilities, i think that will give us a better idea. so far it's been primarily younger people as part of surveillance testing like professional sports. but i think there's still a little bit to learn about this. >> and dr. fauci says he does expect to to become the more dominant strain in the united states, which right now is delta. he does believe it's a matter of time before it's omicron. at this point, even though we have been living through this pandemic for so long now, do you think we're doing enough testing across the u.s. to actually get a good understanding of how much omicron is in the u.s.? >> i don't think so. i mean, you know, that's been one of the real shortcomings. leave aside the beginning of this pandemic where there were problems with the initial test rollouts in the cdc. that happened. that was a long time ago. why we haven't been able to catch up and be able to, as people like michael mena have been suggesting, to have people test every day in their home. to do an antigen test. if you are testing frequent i there, you improve the accuracy of these tests to get an idea who is contagious and who is not. that is part of controlling a pandemic. and even being able to report those results. people can do at-home tests. i have at-home tests. they are they are sometimes hard to get. they are intermittently in short supply if you can get them. but then not reporting. so hopefully people are taking the tests and then doing the right thing. it is still a mish-mash. >> very quickly, the nfl instituting some new rules, which i think are interesting and speak to the moment we're in. on the one hand, all kinds of new restrictions are going back to masks. you can't travel out of your hotel. you have to be extra careful in many ways. but on the other hand, making it easier to get back on the field if you are an asymptomatic positive. explain -- it may sound like they are in congress -- incongruous. >> what is interesting is they did learn a fair amount when it is most likely to spread in those situations. it was meetings, they were doing greetings, when people were greeting each other, eatings. that is how allen sort of put it together. on the field itself, what they were had he finding is there wasn't a lot of viral transmission that was going on. in part because, again, you think about this virus like an aerosol. you really should think of this as an airborne thing and the settings where people were playing outside. there was a concern because of the close proximity of the players there would be a lot of viral transfer, but there wasn't. they are focusing on the big areas where the virus is likely to transfer. and also they are doing a lot of testing, back to the original point. they are getting an idea when people are not only testing positive but also becoming contagious. there will be a lot of people who will be sidelined literally because of that. but that's how at least the and the nba to some extent have chose tone approach this. >> talk to us about your special. the next episode of weed 6 marijuana and autism. it's really important. >> look, i've been reporting on cannabis and its medical applications for over 10 years now. it's been a real journey. i didn't really think there was a lot of merit to this more than a decade ago. as i learned more and more or it's really been fascinating what cannabis can do as a medicine and what it can specifically do for the brain. quickly, 14 states allow cannabis to be used to help treat severe autism. when i say severe autism, i mean people who cause self-harm. the clip i'm about to show you is going to be tough to watch. i'll warn you ahead of time. keep in mind this family tried everything they could for their 14-year-old daughter over the years. and then they finally, in a very restrictive state of texas, landed on what you are about to see here. take a look. what you're watching in realtime is what happens when kara needs to be rescued by cannabis. it's hard to watch, but they want you to see this. the repetitive hitting associated with her severe autism seems to vanish as she inhales the cannabis vapor. >> be calm. just be calm. >> reporter: her mind and body seem to slowly relax and calm, something no other medicine could do for her. >> i didn't tell her physicians until chefs had he 14. i took her medicated to her neurologist, and he sat there in awe and said i'm not going to chart this. this won't go in her chart. but i think if you have this positive of a result, you need to continue with this medicine for her. >> reporter: a medicine ta keeps kara from hurting herself. but is also illegal in texas. i'll just tell you, you know, it's interesting, people will look at these stories. again, it's tough. you think about your own kids. but these are not just anecdotal stories. there's a lot of children who are now part of these clinical trials where they are doing randomized trials, following the kids and getting interesting data. they have been doing in in israel for some time. i peek to researchers over there that we will present in the documentary. again, these parents tried everything, including powerful psychotropic drugs. kara's mom told me at one point she was getting a dose high enough for someone who weighed close to 1,000 pounds. it's tough. it's heartbreaking for these families. but in this case they have found something they think works and they think this is more than just a placebo effect. >> just fascinating and added struggle for the parents is having to deal with states where it is illegal. dr. sanjay gupta, thank you. >> thank you. a look at how some families with autistic children are finding hope in cannabis. and hope comes at a great risk. this new cnn special report "we'd 6 marijuana and autism" begins at 8:00 p.m. new cnn reporting on congressman mo brooks. why he is looking to redeem himself with from the just as his senate campaign in alabama is struggling. and ahead, the rnc has agreed to foot a huge amount of the former president's legal fees as he is fighting his new york investigations. we go behind this incredibly unusual arrangement. and the fda announces it will allow abortion pills by mail permanently. find your rhythm. your happy place. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. 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 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>> i'm sure for trump this is a little personal. but i'm pleasantly surprised by this reporting. trump is looking at real things. like her polling numbers and her fund-raising ability, his spending, not whether she will go out and call muslim members of congress terrorists or whether she believes in jewish space lasers. these are things that matter in a competitive gop primary race. to their credit, they are also talking about issues. remember those, things like a farm bill, and supporting a gas tax increase, which katie brit did. so this is all i think normal which is weird and abnormal now, for this race to be kind of going through these kinds of issues. i'm impressed for today. >> i think trump -- >> we will check back. i think trump has been burned in alabama when it comes to the senate races. he endorsed luther strange. of course that didn't pan out. he endorsed roy moore. that didn't pan out. and they had their first democratic senator since shelby. . >> you're right. i think there is a little -- you're right. >> what do you make? >> keep in mind the only thing donald trump losing is being associated with someone he believes to be a loser. the recent polls in alabama show if the election rp held today, brit would win. it is not surprising you see donald trump reacting to that a little bit. it does raise questions as to the power of his endorsement. candidates he endorsed in 2020 did very well. he was also on the ticket then. now it remains to be seen how well can that endorsement stand when he is also not running. and there are questions about whether this is a cultive personality. are people devoted to the man or is it transferrable to other candidates. . >> it didn't work so well in the special elections in georgia. >> getting rowdy here, by the way. >> the rnc has decided it is going to authorize to pay $1.6 million in legal were bills for donald trump in relation to these investigations in new york state, which have nothing, zero, zilch to do with his time as president of the united states. >> yeah. this is really -- >> isn't that remarkable? . >> i would say this is a bad idea. if i were a donor, i would have a lot of questions about this. this shows this is not the rnc. this is the tnc. this is trump's party. they are paying for the legal bills of someone who is not a candidate for activity that has nothing to do with his time in office, that predates him as a politician. and it shows the lengths they are willing to go to keep him happy because they view him as their cash cow when it comes to small fund-raising on line when it comes to major donors. how much money are they willing to spend? i thought this guy was filthy rich. why can he not pay his own legal bill? >> how gullible are these people? are they going to sign over to his mortgage. brands of his initials on them. this is looney tunes. but i will say if i'm a trump donor and an rnc donor, i'm not upset with this, right. if you're 90% of rnc donors are donating because they want trump re-elected. i bet to a person they would say they would personally help trump's legal defense. so i bet rnc donors believe this is how you keep trump able to run for 2024, and they're okay with it. again, a cult. >> you said tnc. i thought you went tlc, don't go chasing waterfalls. >> trump would love it to be renamed tnc. >> the guy who should be upset is ron desantis, other folks who want to run for president who aren't having their legal bills paid by the rnc. >> or candidates who need the money now. >> this is a president who if you talk to his attorneys who have ever worked with him, even before they were in office, there has been an issue when it comes to the payment factor. it doesn't surprise me that the rnc is picking up the bill. >> it is like a pyramid scheme. you are using rnc cash to pay for your fraud legal offense. the irony is thick. >> the fda is lifting restrictions on being able to get this abortion pill by mail. this is something of course is a medical abortion is what it is referred to. now women can get them in the mail. this comes at a time when we are seeing the supreme court fight play out over the new abortion restrictions in several states including mainly texas. so what are the pros and cons of what the fda has done here? . >> well, i'll say as a pro-life person, i don't have an issue with making it easier. it's legal. and that's the law of the land. i think it should remain legal. but i think it should be safe. it's legal. i don't think you add unnecessary barriers to both providers and patients to get it. that's what i am concerned about the safety of do it yourself abortions. and the fda is requiring patient consent and a physician's prescription, which lets me know there are some risks involved. and the idea that you could have an abortion without being seen by a physician. >> in person. >> in person. you could do telemedicine, which we are all doing now. i get it. that makes me very uncomfortable. i'm pro life. i'm also concerned about the health of women. i'm just a little uneasy with that part. >> i think what's interesting is that texas has shown they can do a run-around the courts. this is the federal government saying, hold up, not so fast. because we control prescribed drugs and you can perform medical abortion with a preparation drug, if it's legal. here's what this is going to set up, a ton of legal challenges. you already have states saying, no, we are going to ban the mailing of these drugs. how can they enforce that? how can states tell someone in another state they can't mail something that is federally approved? in texas, you can't sue the woman receiving the abortion but sue anybody associated with aiding her. does that mean you can sue the mail carrier for delivering the drugs? this is going to be tied up in knots in court for a very long time. . >> mara, s.e., great to see you. . >> you too. overnight, a legal setback for fox news being sued for false claims of election fraud. are the fox entertainers going to be forced to testify? a conservative radio host calling people weak from working from home. details ahead. to support a strong immune system your body needs a routine. centrum helps your immune defenses every day, with vitamin c, d and zinc* season after season. ace your immune support with centrum. now with a new look! 1, 2, 3... yay! ♪ “i got you babe” by etta james ♪ ♪ wait hold up, here it comes! alright, everybody stand up straight. okay now let me flip it. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ kiss the people you love. mark this moment in time, and celebrate every kiss. before nexium 24hr, anna could only imagine a comfortable night's sleep without frequent heartburn waking her up. now, that dream... . ...is her reality. nexium 24hr stops acid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th ♪ you pour your heart into everything you do, which is a lot. so take care of that heart with lipton. because sippin' on unsweetened lipton can help support a healthy heart. lipton. stop chuggin'. start sippin'. when a truck hit my car, the insurance company wasn't fair. i didn't know what my case was worth. so i called the barnes firm. i was hit by a car and needed help. i called the barnes firm, that was the best call i could've made. i'm rich barnes. it's hard for people to know how much their accident case is worth. let our injury attorneys help you get the best result possible. ♪ the barnes firm injury attorneys ♪ ♪ call one eight hundred, eight million ♪ a major legal blow to fox news. a delaware judge refused to dismiss a lawsuit from dominion voting systems who say fox may have slanted its coverage to push false claims of election fraud. this also sets up the potential for top fox personalities to testify under oath in the case. here with us, chief media correspondent and anchor of "reliable sources", brian settler and attorney at law and anchor of "early start", laura jarrett. brian, this is a serious lawsuit. . >> yes. now you can see they are they are moving forward. dominion has won this key victory. fox will settle and pay many millions of dollars to make this go away, or they will go forward and actually let depositions happen and have executives be deposed and hosts be deposed and emails turned over. there can be embarrassing information from november, december of last year. fox was touting the big lie, fueling the fire that led to the riot. we know that. this may expose even more than that. that's only if fox decides not to settle at this point. or if dominion is not willing to settle. dominion voting systems wants to regain its reputation. it may not be willing to settle. it may fight all the way to court. . >> they have had a lot of court cases. this is not the only one. they are frustrated. they said it hurt their company, what was said about them. and what was interesting is the judge took into consideration that dominion went to fox and said this is not true. here is the information. here's why this is wrong. >> they went to the highest levels of fox executives to say here is a fact sheet of all the things you got wrong, the d.a. showing all the things you did wrong. and you still put on lie after lie week after week which goes into actual malice standard, which is what dominion has to prove here. it is a high bar for them to say you actually knowingly put on lies. not that you just washed over it. you knowingly put on lies. you knowingly hoodwinked your viewers with all of this crap. and the judge saw right through it. >> we are seeing more and more. these disputes are being handled in court. alex jones held accountable for sandy hook lies. now fox news, on oan being held accountable. this, to op of fox's worst week in years, steve wallace because he had had enough. text messages by fox news stars showing their hypocrisy. it is one damning bit of news after another showing there is at some point a reality up against the lies. >> imagine if those were the techs on january 6th, what else do you think is out there? if dominion gets what they want, it is not just text messages. they will get emails, all kinds of internal back and forth, and if they're lucky, which is what they want, they're going to get depositions with some of the key players here. they are going to be able to get depositions with the likes of sean hannity and laura ingraham. they will be able to question them under oath about what they wrote. >> and the significance of this ruling, laura, this is the stage where most companies try to stop these cases. >> yes. . >> fox has lost what is usually the biggest, best hope to skill much these. >> you want to get it sequel muched. all they have to do is say here are the facts. they have to make a bare bones showing. the court, it's a long opinion. the judge ticked through all the defenses fox could try to mount. and the judge said that might work down the line. but for right now, all of that is beside the point. they made a clear enough showing just on the facts of it that they have a clear case here to move forward to discovery. . >> and while we wait to see what fox is going to do next, i do, brian, wonder what your take is on haar srart not requiring s.a.t. ar a.c.t. scores the next few years. is this something we will see not just from other schools as well. >> we are seeing this overdue reckoning about testing, and at elite colleges. everything is on the table. maybe that's a good thing. to our cambridge alum. . >> i will say i was not a fan of standardized testing. i think it's a good thing. anything that works more towards equity is something to be applauded. >> a lot of people online, conservative tweeters who are like, oh, my god, harvard is going to lower the standards. first of all, they hate on harvard nonstop anyway. now they are very concerned that harvard is going to lower its standards because of lack of standardized testing. i think they're going to be okay. . >> a lot of schools have done this for years now and they have somehow managed to exist. . >> laura, brian, thank you very much. >> by the way, my sister went to amherst is seething at the notion that brian just accused you of going to harvard. . >> i said it so she didn't have to say it. >> humble brag. >> don't miss brian's show sunday at 11:00 or every day with laura jarrett at 5:00 a.m. >> a home video with racist language surfaces. we'll ask her lawyer why she blamed it on taking a sedative. 8it's a bird, auto its a plane. no, it's a man in a wingsuit. something that has never been done before, certainly not by john berman or myself. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. it's our holiday savings event on the sleep number 360 smart bed. what if i sleep hot? ...or cold? no problem, the sleep number 360 smart bed is temperature balancing so you both sleep just right. and it senses your movements and automatically adjusts to keep you both effortlessly comfortable. so, you can really promise better sleep? yes! you'll know exactly how well you slept, night after night. we take care of the science. all you have to do is sleep. don't miss our weekend special. save 50% on the new sleep number 360 limited edition smart bed. plus, 0% interest for 48 months. ends monday. mom, hurry! our show's gonna start soon! i promised i wouldn't miss the show and mommy always keeps her promises. oh, no! seriously? hmm! it's not the same if she's not here. oh. -what the. oh my goodness! i don't suppose you can sing, can you? ♪ the snow's comin' down ♪ -mommy? ♪ i'm watching it fall ♪ watch the full story at www.xfinity.com/sing2 a louisiana judge is blaming sedatives for the onslaught of racist slurs used in a video at her home that recently surfaced. judge my dell odane is sorry and taking an unpaid leave of absence but insists she is not leaving the bench. ryan young joins us now. what else is she and her attorney taking right now? >> reporter: this video has gone viral. people were asking what has been going on in her home. we have bleeped a lot of it. some people may find the language pretty offensive. >> oh, [ bleep ]. >> reporter: a home video showing outdoor surveillance with an altercation with a burglary suspect. you can't see their faces, but the people are watching and are heard commenting on the video, at times using racist language. . >> and mom is yelling -- [ bleep ]. >> reporter: people are heard using the "n" word over and over and at times laughing, saying the suspect was like a roach. >> like a roach. >> reporter: it all took place at the home of layoff yet judge. she is facing calls for her resignation. . >> i was disgusted. >> reporter: local advocate and activist gary chambers is among those calling for the judge to step down. >> if this judge in the privacy of her home says the "n" word and calls people roach ors, that's what she views the people as and cannot dispense justice adequately. >> reporter: the suspect tried fleeing but was caught and held down until officers arrived on the scene. >> i'm the one who took him down. >> reporter: the judge issued a statement affiliate katc saying i was given a sedative at the time of the video. i have zero recollection of the video and the disturbing language used during it. anyone who knows me and my husband knows this is contrary to the way we live our lives. i am deeply sorry and ask for your forgiveness and understanding. . >> i don't know any medicine that makes you call someone an "n" word. >> reporter: the lawyer telling local media she is taking unpaid leave. >> a black robe does not hide what is in her heart. and we all know, the entire country knows what she thinks about african americans at this point. >> reporter: the black caucus is calling on odinet's immediate removal. we call for her immediate and uncompromising resignation. with he demand swift and immediate act by the louisiana supreme court, removing her from office. >> we have recognized for the commission to place an ad hoc judge there. there's precedent. they have done it before. i expect due process. and i will allow for the mission to make their investigation and their findings. but if they don't, i'll be bringing them to the table here at the legislature. because they have to come and answer to us anyway. >> reporter: kaitlan, just last night the governor weighed in as well and thought she would need to step down after the statements were made in publicment a lot of questions how to move forward, what happens next. people are upset about the language they heard on the video. kaitlan. . >> understandably so. ryan young, thank you. joining us is the lawyer for judge michelle odinet. counselor, thank you for being with us. the judge has taken a lead but not resigned. why not? . >> well, certainly she's heard the calls from the governor and the community and resignation is certainly at the top of her list of considerations. we spent yesterday getting her removed from the i filed at 3:30 in the afternoon a petition, a joint consent petition to have her removed on an interim basis and it was granted by the chief justice within hours. so we got that done yesterday. that was at the top of the list and ad hoc judge has been appointed to take her docket. she's going to make longer term decisions over the weeks to come. >> so the city marshal of lafayette said, quote, i'm sure people of color will find it impossible to trust that they will be treated fairly and equally if they have to stand for judgment before judge odinet. you're a lawyer. how do you feel bringing a client of a person of color before judge odinet given what she said? >> absolutely that's a valid concern and that's the reason why as of 6:00 last night she was no longer a judge in city court. she is on unpaid interim suspension, essentially, and a new judge is going to handle those matters. those concerns are valid and she understands that and that's why she stepped aside. >> and in this issue of the sedatives, pointing out that she was on sedatives now. what is your view? the sedatives, do they make one say things or do they reveal one's feelings? >> that was a reflective denial. people are hardwired to deny things. but it didn't take her long to own up to what she said and the sedative was no excuse. and she's not suggesting that anymore. it certainly did come out of her mouth that the sedative was -- she did have a sedative, but that's no excuse. >> well, counselor, it sounds like what you're saying is this may not be done yet. and you certainly are hearing and may even agree with a lot of the concerns in the community, correct? >> yeah, and she does. and she realizes that she can't just utter a magic word sorry and everything is made right. community forgiveness and personal redemption is something that can come only through her future deeds and actions. and it is going to take time, a lot of time. >> yeah. even with all that, it may not mean a return to the bench, correct? >> it may not. >> counselor, thank you for being with us. >> thank you. minutes before the opening curtain with the audience already sitting in their seats, a broadway production was called off due to covid. hi susan! honey? 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[snowball splat and windshield wiper] the #1 longest-lasting aa battery. going where no human has gone before. former chilean air force pilot turned sky diver sebastian alvarez, he dove into the crater of one of chile's most active and dangerous volcanos. he achieved speeds of 176 miles per hour. is that the speed that gets me so much as the diving into the volcano part that i think is a little bit suspect. the volcano is named the devil's house. all he was wearing was this wing suit. >> let's talk seriously. if you fail, you know the results. i ask for permission. then i went there and said thank you. >> so i have to be honest with you, i didn't know a lot about this story and had to ask the producers. he dove into the volcano and then what happened? that could end a different way. but apparently on the wing suit, after inside it, he turned, he veered out and landed somehow safely on the land zone. >> i love he said he asked the volcano for permission first before he did as much. i just -- i don't ever see myself going into anything nicknamed the devil's house. >> how does the volcano respond to the question? have you ever heard? does a volcano have a deep voice? >> it is named the devil's house. >> would be funny if the devil had a squeaky -- if the volcano had a squeaky voice. counterintuitive. >> and the devil. >> that too. "new day" continues right now. good morning to our viewers in the united states and all around the world. it is friday, december 17th. i'm john berman with chief white house correspondent kaitlan collins. it is friday, but what a week. >> we have a lot going on too. it is friday, you think things are slowing down for the holidays, nope. >> no. big changes. big developments in this pandemic this morning. what really does feel like the most complicated moment we have seen. the most complicated, not the deadliest, not the worst, but the most nuanced, i think, the most confusing and most challenging for policymakers. we're seeing huge increases in the number of coronavirus cases. cases going way up and that's causing major reactions. a new group of colleges and universities have shifted their classes online. broadway canceled performances, mulan rouge. >> minutes. >> seated in the audience before the opening curtain, everyone was told to go home. and pro sports, the leagues have postponed multiple games. the nba and nfl updated their covid protocols for the holiday season. on the one hand, they have new restriction and requirements in place. on the other hand, trying to figure out a way to speed up the time that asymptomatic players who do test positive can get back on the field or court. companies are now cracking down on the unvaccinated. this is a big move. new orleans, the public school system, just became the first in the nation to mandate vaccines for children 5 and up. >> that's huge for parents and starts next month, i believe. that's going to be a big change for them. when it comes to all of this, you got to look at the numbers here. the u.s. is averaging 119,000 new cases each day. that is 40% higher than where we were a month ago. coronavirus hospitalizations are also 40% higher and more than 67,000 people. icu beds are 78% full, one in five of those patients has covid. nationwide, 1326 coronavirus deaths reported on average each day. and the cdc is predicting that hospital admissions could reach record levels in the coming weeks. so with cases and deaths looking a lot like what we saw last winter, what is different is we're about to approach prepandemic levels of

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