didn't startle and that the coffee is working well in d.c. this morning. >> it was early and the coffee is hot and tasty this morning. >> we start with the beginning of the holiday travel rush and worrying signs that the omicron variant has been issued. >> a warning that the unvaccinated prepare for illness and death. hospitalizations have been trending upward more than two months. 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 alone, positive cases jumped 154% in less than a week. the numbers trending in the wrong direction. with christmas and new years approaching, millions expected to fly in the next few weeks. a warning that it is only an amount of time before omicron is the leading variant. >> cnn's report of the growing strain on the country's hospitals. >> boris, paula, the doctors and nurses here are under a great deal of stress because at one point, they didn't have the staff that they needed to treat the covid patients that are coming in here. it got so dire, the department of defense drafted a special team to alleviate the need. >> we do what we can. the hours at work for nurses seem never ending. >> i'm not a superhero. i'm just a nurse. >> a covid nurse working on eighth north team. eighth floor, another tower. she's worked here since she graduated from nursing school only about a year and a half ago. lately, the covid unit seeing more and more patients all while there are fewer nurses to care for them. >> there are days, i don't know how much longer i can do this and i'm brand new. and at the same time, it is very rewarding. >> overwhelmed doctors and nurses, admissions have risen 46%. currently 100 people being treated. compared to july, hospital ized covid patients were in single digits. dispatched a support unit to help. >> the pace is very, very fast. the need is constant. >> a lieutenant coloradocore. the situation so critical. minutes into our interview, staff had to rush in to help a patient. >> if there is a patient that needs acute care, change in heart rate, generally, a care that has critical care experience comes in to help. i've been in almost 17 years. if you would have asked me five years ago, would i be embedding in a civilian hospital to provide care, i would have been like no, you've got to be kidding me. no surprise, people who need critical care are overwhelmingly unvaccinated. 443 out of 543 covid patients it is caring for state wide are unvaccinated. the vast majority of those in icu and on vant lators also unvaccinated. a recovering patient. she said her vaccination status is private. she and her father who also have covid were admitted on sunday. >> i hope he's okay. he's not too far. i'm not allowed to see him because of the quarantining. it has been a roller coaster. sorry. it has been a roller coaster but now i feel a lot better. >> she needed oxygen when she a drived but no longer. she credits those working the covid unit here. for urgent pleas for more people to get vaccinated, she says this. >> what do you see as a right thing and wrong thing? >> i really like to stay neutral. >> nurses know the stress for the eighth north team may just be beginning again. will i break in three months, a year or ten? i don't have the answer. right now, i'm battling there with my patients. i don't see this stopping anytime soon. >> i can't tell you how dedicated the doctors and nurses are here in terms of how long they'll be here at beaumont hospital. after that, they'll head to another hospital where there is month need. >> incredible reporting. thank you. president biden renewed his pledge to defend voting rights this week, slamming republicans for backing election laws and blocking federal reform bills. >> i've never seen anything like the unrelenting assault on the right to vote. ever. i don't think any of you have ever seen it. not a joke. folks. as john lewis said, it is the only -- without the right to vote, there is no democracy. lawmakers have been voting for support. at least two have made clear, they are not ready to break the filibuster. there is also a battle over redistricting. suing the state of texas this month, they argued new congressional maps discriminate against minority voters. texas state officials call it absurd saying it is a ploid to control texas voters. they recently a proved a map expected to squeeze out the only democrat and african-american on the commission. he's our next guest. commissioner holmes. he's held that seat the last 20 years. we are grateful to have you. you've argued these new maps in galveston are racist. make the case, why are they discriminatory? >> thank you for having me. it goes contrary of the section two of the voting rights act. you look at the percentages of black and brown constituents in the redistricting process and how they broke up all the those communities and dispersed their vote. it is certainly a case for violations of section two of the voting rights act. >> you talk about the percentages and the breakdown. your precinct, roughly 66% of eligible voters are black to hispanic. under redistricting, that number falls to 30 perts. >> you are right on those percentages. that's the interesting thing i my fellow have been very quiet. no response to voters that showed up and asked questions. they didn't respond to any questions or issues. >> you had one public hearing on redrawing the maps in your county? >> one hearing the day the maps were publicly presented that was the day we took a vote. >> you are correct. when you told them this is racist. what have they said? >> i made the same statements that this was a discriminatory map. his response was, well, those who told me that was helping me with the redistricting said it was not. you can take one look and see it is clearly discriminatory. >> it doesn't impact redistricting on a county level, right? >> yeah. that is correct, that is the crux of what is happening. you have not only my jurisdiction but others with the same thing from the department of justice. i've asked all of the residents here that would have stepped in. the other message from a con depressional level, we need things to be passed so things like this aren't happening in counties like mine. >> please keep us posted if you do hear on some decision whether to intervene or not. >> thank you. former police officer kim potter takes the stand to explain to the jury she meant to use her taser when she shot and killed dante wright. president biden's agenda has stalled frustrating democrats. the main sticking points that tanked one of the signature pieces of legislation coming up next. to help block out food particles. so he can enjoy the game. super poligrip. ♪ 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'. - oh...oh. - what's going on? 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>> an air fresher, is just an equipment. >> that contact would turn fatal. >> a shot him. oh, my god. >> the prosecutor asked potter on training and confusing the trayser and gun. >> you were trained on it, right? >> yes. it was a while back. >> you were trained in march of this year on that. >> you never saw a weapon on mr. wright? >> never saw a gun? >> adding she did not try to save wright or other officers in the aftermath? >> you didn't try to make sure any other officers knew what you had done? >> no. >> you didn't run down the street and try to save his life did you? >> no. >> you were focused on what you had done because you had just killed somebody? >> i'm sorry it happened. i'm sorry. >> prosecutors continued to push. you knew deadly force was unwarranted in this case. >> i didn't want to hurt anybody. >> hearing from all of the witnesses who would be testifying in this trial. closing arguments in this case all along. saying this very senior officer should have known the difference. potter has plead not guilty. claiming the whole thing was a tragic accident. the jury will be sek sequester. >> and the fate of the build back better, what it means going into midterm elections. that and more, next. 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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>> no one pressures me. >> are you going to change your position on that? the one in the bill. >> i do want to note that man sc chin is a supporter of the child tax credit but he wants the price tag to be looked at. the chair womb of the progressive kau cause said this week, quote, this is what we feared and why we tied the two bills together because she was aware moderates would likely stop negotiating on the act if they got the infrastructure bill. it does look like negotiations will continue but won't be until the new year. >> you have to wonder how this will be used going into the midterms. thank you so much. >> vice president kamala harris for fully defending president biden's leadership after she was asked by shar la main the god whether joe manchin or joe biden is president. >> i hear the frustration. let's not deny the progress and agree there is a lot more work to be done. it is not easy but we will not give up. >> i think it is a mistake to try to think about this only through the lens of democrats versus democrats when the fact is that republicans are consistently and unanimously standing in the way of progress. >> harris also expressed frustration even basic issues like upholding the country's democracy struggle to get bipartisan support. >> critical talks at a stand-still putting the 3wi8d back better bill as center piece in limbo. >> let's try to make some sense of what is going on here. what do you make of the president essentially shelving this key bill until next year? is his hope that people will come back with a new out look on this? >> i think you don't debate and run a bill until christmas eve unless you think you have a chance of actually getting it done and it is not there yet. the two senators everyone is looking at as hold outs on these issues. there are other issues just the devil is in the detail and an effort to put immigration on the bill. they are not ready for a vote yet. i think the decision to let this slide is a reflection of reality on the ground. this is a challenge for president biden and the democrats. it is two-fold. what is in that house passed build back better act. reducing the cost of prescription to universal pre-k. child care that would help the middle class, home care for older americans. college assistance. environmental and electric vehicle at the same time it will cost a lot of money. >> there are a lot of frustrations. >> republicans will run on the political argument that they'll get it done because of inflation. they've promised these things and said, if you keep us in power, we'll get these things done. right now, they are at an impasse. >> let's focus on the child tax credit. you heard that is a nonstarter for president biden. you've heard senator manchin say i've always been for the child tax credit. it appears to be a stibing point. >> one thing they are talking about is going about it separately. it is another sticking point. this will all come to a head in the next month. biden is insisting inflation is at its peak. authorizing $1.7 trillion in new spending. in the efforts to try to pass this bill. >> adding gs to the argument that people should have a true picture of the bill. >> that is the supply chain. the administration has limited meez yours. it is a real problem for the supply chain gas prices and heating costs. the challenge really for the biden administration is that it is pretty hard to make the argument that what if the other guys were in power the real challenge is the pandemic and that covid has taken another turn with omicron that it is driving the public concern. it is not driving the train. it can't. the virus is driving the train. that is a politically precarious position to be in. >> we'll see how this plays out ahead of the midterms. a louisiana judge resisting pressure to resign after being caught on camera use racial slurs. she's blaming said -- sedatives for her actions. sed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. 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. ♪ ♪ ♪ you are my fire ♪ ♪ the one desire ♪ ♪ you are, you are, ♪ ♪ don't wanna hear you say... ♪ ♪ ♪ i want it that way ♪ for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. psoriasis really messes with you. try. hope. fail. i felt defeated. the pain, the stares. no one should suffer like that. i said, enough. i started cosentyx®. five years clear. four years clear. five years and counting. cosentyx works fast. for clear skin that can last. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections some serious, and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reactions may occur. best move i ever made. i feel so much better. see me. ask your dermatologist about cosentyx. [uplifting music playing] ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ a louisiana judge is blaming sedatives for a barrage of racial slurs in a video from her home. the judge says she's sorry and is taking an unpaid leave of absence but insists she is not leaving the bench. >> we do want to warn you, some of the video you are about to hear contains ovenive language. we think it is important the audience hear to under the full story here. >> a home video showing an outdoor video. with a burglary suspect. >> we can't see their faces but people are heard commenting on the video at the time. >> mom is yelling nigger. >> using the n word over and over saying the suspect is like a roach. >> like a roach. >> taking place at the home of lafayette city court judge. it is unknown who is recording or speaking and how it became public. >> disgusted. >> local activist is among those calling for the judge to step down. >> this judge in the privacy of her home uses the n word and views people as roaches. that is what she views certain people coming into her courtroom as and she cannot dispense judgement fairly. >> the suspect tried fleeing and was caught and held down until officers were held on the scene. >> i'm the with unthat took him down. >> issuing a statement saying in part. i was given a sedative at the time of the video. i have zero recollection. anyone who knows me and my husband knows this is not the way we live. >> i know zero medicine that makes you say the n word. >> a black robe does not hide what is obviously in her heart. we all know what she thinks about african-americans at this point. >> the chairman of the louisiana legislative black caucus is calling for immediate removal and local naacp chapter calls now for immediate resignation. with he call for a swipt and immediate act of the supreme court to remove her from office. >> we have requested from the louisiana commission to place and add hoc judge there. there is precedent when other racist judges have made similar comments. allowing them to make their investigation and findings. if they don't, i'll bring them to the table here thank you for that report. >> the nfl and nba face a new wave of covid cases. we'll tell what you it means for the season and for the fans. but there is one van equipped to handle them all. for over 120 years, mercedes-benz vans have been built, upfitted and ready to go. because we believe dreams - should never stay that way. ♪"you are the reason" by calum scott♪ to all the kisses... ...that led... ...to this one. celebrate every kiss, with kay. so, who's it going to be? tom? could be danny. guess it's on maggie. should we have another one? talk to us about retirement today. feel comfortable about tomorrow. massmutual. ♪ feels a little bit like spring 2020. empty stadiums. postponed games. a surge of positive covid tests. nearly two years into the pandemic, sports leagues are again changing protocols as players and staff contract covid. the nfl it putting masks and social distancing requirements back in place at indoor practice sites. and now asymptomatic vaccinated players can return to the field quicker if they test negative. the nba is bringing up mask requirements and ramping up testing as a slew of players miss games. let's get to sports analyst christine brennan here to take a deeper look into the changes. good morning, christine, thank you for being with us this morning. it feels like we're going back in time. but this is different and there are new protocols and we should know that the risks are less severe, thanks to vaccines. i wonder what your take son how all of the different leagues have adapted to the surge in cases? >> boris, they're adapting quickly. certainly, we have things in place because we've been through this now for nearly two years. as sports led the way back on march 11th, 2020, as you alluded to that was the night really that the nba shut down operations and really woke everyone up. if people were uncertain about what this covid thing was, mar 11th, 2020, the same day that tom hanks and rita wilson tested positive. but the nba shutting down and suspended operations was huge. this, of course, is not that. we do have the vaccines as you mentioned. we know so much more about covid and these variants than we would have never known back in march 2020. but sports again leading the way, leading the conversation, much more than just sports, but a cultural touchstone. saying okay, if you haven't been paying attention, which shard to believe, look at sports, three nfl games postponed. nba issues, nhl issues, college basketball games postponed. this is a big deal, folks. sports kind of sending that signal out to everyone that this is serious. and that we need to pay attention and that we are in something here for a while that we probably weren't anticipating maybe a few months ago. >> yeah, sadly, as you look at vaccination rates in some areas it does seem that some folks are not paying attention, unfortunately. you noted that the nfl is suspend lead games on the cusp of playoffs including the browns/raiders game. baker mayfield starting quarterback tweeted before the announcement actually caring about players' safety would mean delaying the game, with this continuing at the rate that it is. he said that the league's reversal on protocol doesn't make sense. there are other players that have expressed similar f frustrations not just the nfl. how do the think the players association has handled this? >> well, not as important, boris, than the conversation we just had but if you're putting that product on the field people are paying for it. and you want that product to be as good as it can be. baker mayfield's tweets really woke people up? he said, why are we playing, or why don't we postpone for a few days, those words were generally what he was trying to say. i think he made a good point. this isn't new territory, but it's not expected territory that we're back here. in this way. and i think the legal -- they've got protocols in place. the nfl has obviously hasn't stopped think be about this. but, you know, the problem i think for some of us looking at the nfl when you've got a guy like air aron rodgers, being so cavalier, obviously, he couldn't care less about getting vaccinated it does lead you to wondering about the seriousness of others. the nfl is serious, but clearly, aaron rodgers is not serious. and that's the problem, he's the poster child of nfl and covid because he's the biggest name, one of the biggest players on one of the best teams. >> christine, very quickly, i do have to ask you about tiger woods. we only have sten-second window here. running to green after that car accident what do you think? >> hard to believe, less than ten months after that accident he's back playing golf. it's an exhibition with his son charlie. it's a wonderful thing to see. >> absolutely is. christine brennan, thank you so much as always. >> thank you, boris. there's much more ahead. but first, a skater in oakland, california, is looking to inspire everyone to get rolling in today's "fit human factor." >> i love skating i just feel free to being in my body with my skateboard. when i was skating in the late '90s and early 20s, i was a fat kid growing up. i really wanted to get back into skating. there. what not any information online for fat skateboarders, not only could i not find gear in my size, but i never had the opportunity to see any folks like me alienating me. we started putting videos up and we immediately hit with fat phobia and our body size. it's a space for fat, plus-size, chubby skaters have a safe place to learn and skate together. ♪ >> we have our monthly physical event, i hope to show people how to stand on a skateboard, how to gain their balance, how to ride. and the information they need for getting the right gear. >> being around a bunch of people who look similar to me, really makes it feel more comfortable to learn. >> a lot of times when there's plus-size groups, they tend to be focused on weight loss. and the reality is not everybody is fat is actually to change that. 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. ♪ ♪ ♪ ♪ i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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(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 it's shaping up to be a busy travel week as millions head to their holiday destination. the cnn meteorologist allison chinchar has the forecast. all right, allison, what can we expect out there? >> some pretty soggy conditions especially in the southeastern portion of the country. we've got a lot of heavy rain that's going to sliding in. on the northern side of this system we're talking about snow and, yes, even some ice which we obviously know is very dangerous to drive on. in addition to some areas getting a mix of all three. the greatest threat for ice is across portions of the northeast, interstate 90, i-88, i-87, please give yourself extra distance, and extra time, if you plan to be on the road. widespread totals of snowfall, 2 to 4 inches. the higher in elevation, farther north you go, those numbers sick up 4, 6, even 8 inches. down to the southeast, this is where we're talking about potential for heavy rain, and severe storms mainly focused along the gulf coast region. the main threat, damaging winds and potential for hail. again, the main focus is right there along the gulf coast regions. all of these areas have a potential for flooding as well, especially as you get consistent bands that make their way through these areas. we're also keeping an eye on a system making its way through the pacific northwest as well. >> allison, thank you so much for that. the next hour of "new day" starts right now. good morning, welcome to your "new day." i'm boris sanchez. >> and i'm paula reid in for christi paul. the biden administration biden administration wins a court battle over federal vaccine mandates as omicron variant prompts new shutdowns and covid once again tests the nation's hospitals. plus, a rumor on tiktok goes viral, putting schools and parents and students on high alert. we'll tell you what officials and social media platform are now saying. and a judge hands down the