i just shot somebody. i had never done that. the judge handing down the strictest sentence yet. and meeting with one of the former president's closest allies. >> the busiest tim e of year. >> thank you for joining us. welcome to new day. >> i'm glad to be us. wor worrying signs the omicron variant. >> president biden issuing a warning to the unvaccinated, prepare for a winter of illness and death. the u.s. is averaging 121,000 new covid cases every single day. those are levels not seen since the end of the summer surge in september. >> rates are rising fastest in parts of the northeast, midwest and south. in new york state, positive cases jumped 104% in a week. more than 20 million people are expected to fly over the next few weeks. dr. fauci warns it is only an amount of time before omicron becomes dominant in the u.s. and becoming vaccinated or boosted is key. >> if you look again five months, and look under omicron, nominal, no degree of protection. one month after the third dose, it goes well within the protective range we are in a situation where we are now facing an important delta surge and now looking over the shoulder at an on coming surge. only kron protection is fully vaccinated plus a boost. >> we have a look at covid headlines this morning. >> infections and hospitalizations are rising as the country enters another pandemic holiday season. one tradition now canceled. radio city music hall announced, the shows are canceled the rest of the season. new york state reporting on thursday it had the highest single-day count with cases just over 21,000. new york's data reported the positive cases jumped 154% in less than a week. previous high on january 14 when there were 19,900 new case s reported. assuming omicron will provide milder disease. >> it is clear it is extremely contagious. it doubles every two to four days. we are in for a lot of cases of people getting infected with this virus. >> across the country and in places like oregon, a warning of the surge now that cases have been detected. and in hawaii, the state is seeing, quote, an alarming increase of the number of covid-19 cases. vaccines are still the best ways to fight the vaccine. >> we still have 50 million or more people who have not yet gotten their first vaccination. that is really unacceptable. if we want to get through a challenge of a delta, looking at the face of only kron, that is a difficult situation. we've got to do the things available to us. vaccination, boosting and masking. >> biden administration scored significant victory and imposes the vaccine mandate and ruling the government can enforce vaccine or testing for governments with more than 100 employees. >> we will win this war only because we apply the things we have. we have a highly effective and safe vaccine we know what mitigations work we have the tool doz it but we need americans to protect themselves. >> thank you for that report. >> president biden won a victory that the government can enforce a vaccine or testing rule for companies of more than 100 employees. >> what more can you tell us about this decision? >> it is certainly good news for the president who has had some trouble getting these mandates off the ground. officials really see this rule when it first came out a few months ago, officials told me and my colleagues that they saw this rule affecting larger employees with 100 or more, as providing a cover to employers when they are trying to push their employees to get vaccinated saying, you can blame it on the government but these stays have impacted that. of course, it is good news. it really only applies to this one part of the employee mandate. the other part of the government contractors and health care workers. those are tied up in court and still very good news for the president as they try to get more americans vaccinated. ultimately, this is going to go to the supreme court. the challenger who initially brought this case said that they will go to the supreme court that it will go to the supreme court. >> the president had a harsh warning about winter months and the omicron variant. what is he saying? >> he's trying to be very direct and transparent about the state of the pandemic and trying to push the country along. saying that evidence shows for children and schools. instead of quarantining those. evidence shows children can stay in school if they test regularly. that keeps this emin school and keeps them safe. the white house has increased the messaging as these variants have started to swirling across the country and cases have started to up tick. >> i want to send a direct message. omicron has not yet spread as fast as otherwise would have done and is happening in europe. it is here now, it is spreading and will increase. for the unvaccinated, we are looking at severe illness and death. for themselves, their family, hospitals are overwhelmed. there is good news. if vaccinated and have your booster, you are protected from severe illness and death, period. the white house sees the country returning to a bit of normalcy. >> thank you so much. >> let's bring in dr. tyson bell. doctor of infectious diseases. thank you for abouting with us. let's look at what is going on in new york state. just over 70% of people there fully vaccinated yet they are still experiencing the surge. does the current guidance mask the reality of the current circumstances. >> it's still the same virus. masking, getting fully vaccinated, staying indoors. the omicron variant has shown the ability to find any weakness and exploit it. >> the big question is, is omicron more serious. we know it is more transmissible but is it too early to tell if it leads to more serious cases? >> it is a very good and important question. you want to understand how severe the virus is. it appears in south africa, you are seeing less cases in the hospital you always have to ask the question because they have a lower population than we do. we still don't have an answer to the request. so many rising so fast will cause so many problems. >> what is the best case scenario. >> i think it will be a winter surge. i was walking through my icu and didn't recognize any of my therapists because we had to dig deep into our staffing pool. >> you make a great point about staffing shortages. when it comes to boosters, some are questioning why hasn't the cdc upped their definition of beg fully vaccinated to three shots? >> i think eventually the recommendation will be to have a booster and that's considered fully vaccinated. i think they are holding off for now for the reason that you've got 200 million people fully vaccinated, only a quarter of booster. if we make a change now, you've got 150 million that need it for work environment or travel that will lead to a flood of pharmacy and confusion. giving employers time and policies time to update their policies would lead to the confusion. >> thank you so much for joining us to make sense of this new variant. >> thank you. former police officer kim potter broke down on the stand this week as she walked jurors through the fatal shooting of wright. our legal guests will discuss the decision to have her on the stand. >> new warnings things will get worse before it gets better. ♪ ththis holiday, let them shine like never before. ♪ ♪ ♪ this is how we shine. ♪ find the perfect gift at zales. the diamond store. it's the most joyous time of year. especially at t-mobile! let's go to dianne. i got the awesome new iphone 13 pro and airpods, and t-mobile is paying for them both! and this is for new and existing customers. upgrade to the iphone 13 pro and airpods both on us. only at t-mobile. 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. at capella university, we know smart comes in many forms. -good boy! -so we made flexpath the kind of smart that keeps up with you. with flexpath, you can earn your master's degree in 14 months for $14,000. that's the kind of smart i like. capella university -- don't just learn. learn smarter. (vo) subaru and our retailers believe in giving back. that's why, in difficult times, we provided one hundred and fifty million meals to feeding america. and now through the subaru share the love event, we're helping even more. by the end of this year, subaru will have donated over two hundred and twenty five million dollars to charity. this is what it means to be more than a car company. this is what it means to be subaru. kim porter took the stand in her trial. >> the 26-year veteran said she meant to use her tazer and instead pulled out her gun. a closer look at her emotional testimony. >> i'm sorry it happened. >> you didn't plan to use deadly force that day, did you? >> no. >> because you knew deadly force was unreasonable in that circumstance? >> i didn't want to hurt anybody. >> on the cross-examination, former minnesota police officer kim porter wept. >> you stopped doing your job completely? you didn't communicate what happened over the radio, right? >> no. >> you didn't make sure any officers knew what you had just done, right? >> no. >> you didn't run down the street and try to save dant a wright's life, did you? >> no. >> you didn't check on the other car, did you? >> no. >> you were focused on what you had done that you just killed somebody? >> i'm so sorry it happened. >> we were struggling and trying to keep him from drying away. it went chaotic and then -- i remember yelling tazer, tazer, tazer. nothing happened and then he told me i shot him. >> tazer, tazer, tazer. >> back in april, life shifted in seconds. >> i just shot him. >> do you remember what you said not with help from the video. >> an officer's body camera captured her response. >> potter testified she never fired her gun or tazer in the field? >> you had drawn your tazer but not fired it in your 26-year career. >> yes. >> you never saw a weapon on mr. wright? >> no. >> never saw a gun? >> no. >> never saw a punch? >> no. >> zeroing in on training. >> these items look different. the tazer is yellow and the firearm is black? >> yes. >> you've been trained on the tazer since 2006. >> potter testified she sold her family home and moved out of the state. >> are you in therapy? >> yes. >> do you still work as an officer? >> no. >> there was so much bad happening there. i didn't want anything bad to happen to my co-workers. >> facing first and second degree murder charges. she pleads not guilty. >> danta wright released a statement calling the killing, quote, preventable as they prepare to spend their first christmas without him. porter in agony said she never would have initiated had she been working alone. testifying it was a car fresher like this one in the shape of a tree that lead to an initial stop by the rookie officer she was training. in minnesota, it is illegal for a driver to have anything obstruct their view. closing arguments on monday. cnn, minneapolis. >> thank you for that report. let's bring in the legal analyst for the temperature and trial. >> parter's own words and testimony, what do you make of putting her on the stand? >> i think it was the right decision. given her 26 years as an officer and she was the lead officer on the stand that day. believing that kind of testimony would resonate we don't often see officers take the stand. she didn't want to hurt anyone. she didn't intend to kill young dante wright. it is not clear to me that that will be enough. the charges here second and first degree man slaugter. criminal negatively against and wreckless on her behalf. looking at the testimony particularly on the expert witnesses that the force used was not propositionate given the circumstances. i'm not sure the weeping will allow her to avoid liability or consequences for her actions on that day. >> i want to get into the point that she become very emotional. she admitted she abandoned protocol what do you make of that specific testimony? >> at the end of the day, with the defense going forward with jury nullification. the jury accepts the fact that you are guilty but gives you a pass. with her on the stand, jurors can and have the authority to say, we understand she didn't render aid or go chasing the car. we under she didn't attempt to's in any way. we get it but we are going to overlook that. look what she did. she has a family. her husband jeff is in the audience. she left the state and is in therapy. she admitted in every state. she said so. if they don't give her the null if i in nullification. >> the jury gets their instructions and start deliberation early next week. that difference between first and second degree charges, help us understand how the jury might weigh the difference. >> that was pretty well established by her testimony. what the defense wanted to do was create the scene. we heard potter testify about the scene to try to justify her conduct. to the extent that there was believe that there was this chaotic scene required to make her draw her tazer as he was attempting to drive his car away finding that her actions were negligent. you are not supposed to use this level of force when a car is moving. it remains to be scene. i think joey is write. will they forgive her because she says she's sorry. will jurors feel like she's already suffered enough. >> you know. you are trained. you are experienced. you've been there 26 years. you undergo training all the time. this training just occurred in april. was it not wreckless to do that. it is not 15 years. the jury doesn't sentence her. at least, would the jury conclude it was negligent to the charge which carries the fact that there are distinctions and design with respect to how you carry it. your tazer on the dominant arm and the gun on nondominant side. she clearly acted in a way not in accord with protocol and policy. the issue is whether or not they forgive her because of jury nullificaton because she was crying on the stand and they understand her. >> thank you for the expertise. >> thank you. up next, long time trump ally roger stone showed up for his deposition but didn't answer any questions from the house select committee. always look for the grown in idaho seal. tums vs. mozzarella stick when heartburn hits, fight back faswith tums chewy bites. fast heartburn relief every bite. crunchy outside, chewy iide. ♪ tums, tums, tums, tum♪ tums chewy bites (vo) singing, or speaking. reason, or fun. daring, or thoughtful. sensitive, or strong. progress isn't either or progress is everything. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire hi susan! honey? 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