delta variant fueling hospitalizations in cases of omicron, doubling every two to three days, covid threatens to derail any sense of normalcy during the holidays. long lines for covid tests are now stretching across new york city. >> we really need to flood the system with testing. we need to have tests available for anyone who wants them, particularly when we're in a situation right now where people are going to be gathering even though they are vaccinated and boosted, it is going to be a tough few weeks to months as we get deeper into the winter. >> already the impact is hard to ignore. just moments ago senator elizabeth warren announced she has tested positive for covid and is experiencing mild symptoms. today the nba postponed five games due to covid issues within several teams, triggering flashbacks to march of 2020 when the nba decided to cancel a season. that acted as a wake-up call to a shocked public. last night viewers tuned into "saturday night live" to find pre-taped sketches and no live audience. and businesses are delaying their return-to-work. and universities like stanford keeping their students out of the classroom. we have a team of reporters spread out all around the world right now. let's begin with cnn's polo sandoval who is in new york for us. this feels very reminiscent of the early days of the pandemic. cases in new york skyrocketing. let's just hope it doesn't get that bad again. what are you seeing and hearing there? >> reporter: yeah, jim. in terms of new york state, for three straight days we have seen a record number of total new covid cases, about 21,000 a day here. and that's certainly concerning. we did hear from the mayor there today saying the return of many mitigation efforts perhaps scaled back. that is the new but temporary reality for so many people here. but the question is, is it going to get worse before it actually gets better. and new yorkers are hearing advice from officials to go out and get tested. the line of people here, so many new yorkers have been turning to these kinds of mobile testing sites. but as we heard from city officials just last week, they are implementing and bringing back a multipoint system that will call for an increase in vaccination sites, also an increase in testing sites so that people don't have to wait hours and hours to get their tests. and also providing some of these take-home tests as well for some of those who may not be able to make it out here especially as we get closer to christmas. many people have come out here to get tested. some of them have for travel purposes. but all of them want to just to make sure when the time comes to see their family for christmas. >> all right, polo, thanks for that. now to cnn's natasha chen in los angeles. official there's say they are starting to see hospitalizations starting to go up. >> reporter: hospitalizations are going up, and the l.a. county health department is also reporting an increase this week in daily confirmed cases on tuesday just about 1,100 positive cases, and today we just got new numbers a couple of hours ago showing 3,500 new positive cases. and that number is even potentially low because of the weekend lag in reporting. but just within those few days, you can see that the numbers have basically tripled. and we really haven't seen daily case numbers over 3,000 since late august, early september. so this is reverting back to perhaps an earlier surge status here. we're also seeing that the statewide health department is taking matters very seriously. while statewide positivity rate is still under 3%, relatively low, they did see that case numbers started to rise in those days after thanksgiving into early december. so right now starting december 15th going on for a full month, statewide universal indoor masking is required. there is a proof of vaccination required or negative test required to get into mega events both indoors and outdoors. and there is a recommendation for any traveler coming into california to get a test three to five days after arriving. so there is an attempt here to tamp this down, jim. >> all right, natasha, thank you very much for that. and now let's go to cnn's nadia romero in atlanta. nadia, we have some news in the world of hockey. they're grappling with this, too. what can you tell us? >> yeah, this just in from the nhl, jim. they are postponing 30 games between this weekend and december 23rd. that is a big number. 30 games being postponed. and among them, cross-border travel. remember the nhl has teams in canada and in the u.s., and the nhl is citing the concerns over federal travel restrictions, concerns over border crossings due to the risings in covid-19. so this is not a federal change, but this is strictly what the nhl is doing within its league, limiting and postponing 30 games now, and stopping that cross-border travel for those games. this is big out of the nhl. but we're also seeing it in the nba. the nba announcing this weekend, postponing five games, three that were supposed to happen today, two more over the next couple of days. because big-name nba super stars like kyrie irving, kevin durant from the brooklyn nets are out. and so many of these teams across the nba are struggling with trying to keep a roster healthy and keeping those players off of their covid-19 restricted lists. we're also seeing the impact in the nfl. we were supposed to have a double-header on saturday, and it ended up just being one game between two teams because we had so many players with the cleveland browns, the washington football team, and the rams. those teams seeing more than 20 players on the covid-19 reserve list. so, those games were postponed again as well. so we're seeing this impact of rising cases all across our different sport leagues. jim? >> all right, nadia, thank you for that. and thanks to all of our reporters keeping an eye on this. i hope we don't have you out there over and over and over again talking about this, as this covid surge just gets really, really bad. but i'm afraid we might have to buckle in for that, guys. let's bring in dr. william shaftner. dr. shaftner, wow, the way that this is changing so quickly, i want to get your reaction to something out going, nih director dr. francis collins said about this coming covid surge. >> even if it has a somewhat lower risk of severity, we could be having a million cases a day if we're not really attentive to all of those mitigation strategies. a small fraction of a big number is still a really big number. >> i just want to underscore that, a million cases a day? that is so much higher than even last winter. >> yeah. and i don't know that we'll hit that, but there are certainly projections that say that could happen with the virus that seems to be doubling most places where it's been every two to four days. >> dr. shaftner, is it possible we're about to relive or surpass the worst days of the pandemic? and what does that mean for our daily lives? >> it wasn't so long ago that you and i were kind of cautiously optimistic because cases were down, but then they flattened out and now they're going up, and they're going up rather steeply around the country. i must say i haven't heard estimates, projections as large as dr. collins'. but we're all anticipating with delta, with all the travel that we're doing and all these holiday get-togethers, the beginnings of omicron and its spread as well as, we've talked about this, influenza, also making its appearance. we could be in for an ominous winter season and a kind of grim beginning of the new year. >> no question. it is grim. there's just no other way to describe it. as we mentioned at the top of this newscast, this disturbing cdc data is showing that the risk of dying from covid according to the cdc, 20 times higher for unvaccinated people compared to those who have been vaccinated and boosted. it doesn't get clearer than that. why is that not breaking through? why is that message not breaking through to the vaccine holdouts who are scattered across this country? >> jim, i wish i had the answer to that because we've been singing that song or variations of it for months now. but there are many adults still not vaccinated, many parents are still not taking their children age 5 and older to be vaccinated. and there are still so many now vaccinated but still not boosted folks out there. i wish everybody would go and get vaccine tomorrow. we've got plenty of vaccine available. it's in the refrigerators just waiting to get into arms. >> and do you think that those folks who are just being stubborn about this and not taking this seriously enough, are they about to get hit with a tidal wave, that they just don't see what's coming, and that this is going to be a rude awakening for a lot of people out there. is that what's shaping up for a lot of folks, do you think? >> this virus is in every community, large and small, in this country. i can't imagine that there is anyone in the country that doesn't know someone who's been affected and perhaps affected very, very seriously by this virus. i can only urge and try to persuade and reassure people that getting vaccinated is clearly the best thing to do. because we can have a stressed healthcare system throughout the country as we start our new year. >> and this month the press secretary of the white house, jen psaki, was asked about ramping up free covid tests for americans. and here's how she responded to that. let's watch. >> why not just make them free and give them out and have them available everywhere? >> should we just send one to every american? >> maybe. >> then what happens if every american has one test? how much does that cost and then what happens after that? >> all i know is that other countries seem to be making them available in greater quantities for less money. >> well, i think we share the same objective, which is to make them less expensive and more accessible. every country's going to do that differently. >> what do you think, dr. shaftner? do you think that the white house is going to have to come to grips with the new reality that maybe testing is going to have to be expanded on a wide scale, and maybe we might have to think about sending one to everybody's house or something along those lines. what do you think? >> well, something along those lines. my sentiments are much more toward the questioners. because in europe they're much more widely available. some of the municipal testing sites had closed down or had been reduced. now we're trying to open them up. we're trying to make home testing available. but, you know, two tests for over $20, that's what it costs in my neighborhood. that inches up very, very quickly, right? and will be out of the reach of many people. i think we need to have testing be a much more prominent part of the interventions that we're doing. and, yes, they need to be much more freely available and/or at very low cost. >> yeah. and that's going to be a big adjustment if we're going to go into that kind of world. but it will help us understand how big of a problem we have. last week the cdc officially recommended the pfizer and moderna vaccines over the johnson & johnson shot. in terms of boosters, it's a tricky subject. if you got the j&j vaccine, and let's say the pfizer booster, for example, should you be thinking about getting a third dose at this point? kind of a booster? >> at the moment if you've had j&j and it's been followed with either a pfizer or moderna booster, you are set at this time. so you're in good shape. folks who got either pfizer or moderna at the beginning, they need to get one of the mrna. you can mix and match. and as you get your booster, roll up your other sleeve and get that flu vaccine also. >> if you haven't done that, my goodness, you are doing it wrong. all right. dr. shaftner, we could talk about this all evening. thanks so much for your expertise, as always, we appreciate it. and your sunny optimism, which is always helpful. >> thank you. amid this surge in uncertainty around omicron and yet another major university is going back to online classes. stanford university announced that it will be shifting to online instruction for the first two weeks of its upcoming winter quarter, campus housing will be open, but stanford is asking students to take a covid test before coming back. students are also strongly encouraged to get a booster when eligible. coming up, new reporting about the moments before senator joe manchin went on national television to declare he would not support the signature piece of president biden's domestic agenda. plus, how the white house is hitting back at joe manchin. with vitamin c, d and zinc* season after season. ace your immune support with centrum. now with a new look! 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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i assume there are progressives saying i told you so? >> a lot of progressives are saying this was a gas-lighting situation. we did hear from barbara lee, a congresswoman from california say she's infuriated and disappointed. we heard from senator bernie sander who's essentially said call him before and get a senate vote here to hold them accountable perhaps to embarrass him a bit. then you have others saying he is not a credible partner to negotiate with, that he has not been negotiating in good faith. we have heard from progressive leader alexandria ocasio-cortez in a tweet. she is really giving kind of a rallying cry here saying not to give up necessarily on man chin. she goes on to say we as always are here to fight for this agenda. what matters most to us is that it gets done, but we cannot just shrug our shoulders and accept this as some charlie brown moment. our entire democracy is on the line. so we need to get back in there and get this s done, period. and of course she is referring to that same moment when lucy pulls the football from charlie. she's not just talking about the build back better legislation, she's talking about voting rights and the fact that there are negotiations that have been going on with senator manchin and others about adjusting the threshold for supporting voting rights legislation. that is something that is still on the table. they still have to work with him in some ways. and that is a reality that she is acknowledging as well. jim? >> all right, suzanne. i suppose now i'm going to get the charlie brown perspective there at the white house. joe johns is at the white house. how are they responding to this? i guess they missed the football. >> yeah, absolutely. and they put out a scathing statement, and there was a lot of surprise in it. the fact of the matter is it was no surprise that these negotiations were in trouble, perhaps the only surprise was the timing because the white house said in this statement that manchin had actually brought his own proposal directly to the president, and they were expecting to work their way through that when he abruptly pulled the plug on national television, and our reporting is that about 30 to 40 minutes before he went on tv, he actually sent one of his aides to deliver the message to the white house that he was going to make this announcement. the white house, in turn, tries to reach out to him, and manchin, they say, wouldn't take the call. so, there were clearly feelings that there was something else to negotiate. now, a little bit of that statement just to give you a flavor of it. senator manchin's comments this morning on fox are at odds with discussions this week with the president with white house staff and with his own public utterances. weeks ago senator manchin committed to the president at his home in wilmington to support the build back better framework that the president then subsequently announced, senator manchin pledged repeatedly to negotiate on the finalizing that framework in good faith. so, a lot of people upset over here at the white house, and the big question is what do you do now going into the midterm election year, jim? >> no question about it. those questions are going to persist on both ends of pennsylvania avenue. all right, suzanne and john, thank you so much. now we have cnn political commentator john avlon and margaret hoover. there are a lot of popular things in this bill. that was always consistently reflected in the polling on this, things that people felt the wealthiest in the country in the world should have right now things like paid family leave, things like universal pre-k, access to expanded healthcare, that the richest in this country should pay more taxes and so on. and, in fact, a recent monmouth university poll found 61% had some level of support for this bill. why couldn't they get senator joe manchin to a yes? he saw those numbers too, i suppose. >> yeah. traditionally one of the things centrists tend to do is they look at what's actually popular as opposed to ideological wishlist items that maybe have a minority of support in america, and they try to bring folks together. and i think the white house has been negotiating in good faith with manchin. and i think manchin you want to take at his word that he had been working with the president. but pulled the plug the week before christmas when so many of these items are not only popular but things that manchin has supported in the past, things that would benefit his own constituents in west virginia, things that would help the democratic party reach out to working-class voters who have suffered from the economic divide. the child tax credits are going to move more kids out of poverty. all these items which are not only powerful but affect people's lives in a positive way are jettisoned rather than simply continuing to work after this week he apparently gave a framework to the white house and there was good faith action. that is what is so difficult to digest today. why folks are not only disappointed but deeply, deeply frustrated. now, i think the keywords are "this bill." but because not a single republican's going to support this, maybe lisa murkowski will throw a hail mary. they're going to rail on -- they only give a damn about whether the president is a democrat. my wife disagrees with me, as you can tell. >> i'd just like to get a word in edgewise because we understand the talking points on this position. >> whoa! that's not true. >> joe manchin is representing not just the united states of america. he is not president manchin. he is joe manchin the senator from west virginia who represents a state that three-quarters of the population voted for donald trump. so, joe, i think the suggestion that he is not doing the centrist thing is actually not fair. here's what joe manchin is doing. joe manchin has said from the beginning, and he has been very clear and transparent how much he's willing to go. he's willing to go $1.5 trillion extra on top of the infrastructure bill and on top of $5 trillion that has already been sent this year. and then he went up to $1.75 trillion. >> and now he's saying nothing. >> here's what's true, jim. you said that up to 60% of america supports aspects of the bill. that's true. but they don't all support all of the bill. so you've got to pick something. what you have to do when you don't have a super majority or even a strong majority in the united states senate, you have 50. you have half. is not to have an fdr-style restructuring of the social contract when you enter -- and looking down the barrel of inflation and an incoming covid surge, you need to pick one. work with the guy who's going to make it possible instead of trying to persuade him to come to your side. he's been very clear. >> excuse me. i think the counter to all this is that -- and, yes, we do talk this way at home -- the counter to this is not -- >> i just want to point out i have not started any of this. i showed some poll numbers, and this is what happened. just so the viewer understands what happened here. let me just jump in because kamala harris the vice president had a very tense exchange on the subject of joe manchin this week before we even knew about this no vote. let's take a listen. >> so who's the real president of this country, is it joe manchin or joe biden, madam vice president? >> come on, charlamagne, it's joe biden. and don't start talking like a republican about asking whether or not he's president. it's joe biden. >> do you think joe manchin is the problem? >> and it's joe biden, and i'm vice president, and my name is kamala harris. >> wow, margaret. maybe we'll call him charlamagne tha prophet. >> what he was pointing out, though, and what he was understandably defensive about is that in the public eye joe biden has been missing from the negotiations. and i am anticipating pushback from my left. but as somebody who worked in george w. bush's white house when he was trying to pass prescription drug reform, for example, or the medicare part d prescription drug benefit. when george w. bush wanted something, when you're a president who wants something legislatively, you hit the road and you rally the american people to your cause. and joe biden hasn't done that. so people are wondering where he is. and that's why i think, look, if you have a signature legislative achievement, you have to be able to do things and demonstrate that you're invested in. the public doesn't see that. and i think that's what -- >> to some extent, and i do want to move on to a different subject and wrap it up nicely for the holidays. i do think that joe manchin did, i think, mislead a lot of people in his party for many, many months to think that they were going to get somewhere on all of this. and, yes, he may represent a maga state now and so on. but not everybody in west virginia has a house boat. anyway, moving on, let's talk about something else. before we go, i have to get your take on this made-up war on christmas and these comments from donald trump and mike huckabee. let's watch. >> when you came into office, america had gone through a long period where people quit saying "merry christmas" or "happy holidays." you deliberately changed that. >> this was in 2015. when i started campaigning i said you are going to say merry ch christmas again, and now people are saying it. >> i think there's a mistletoe right outside of the camera frame. i mean, what a ridiculous interview, quote, unquote. it's a phony war on christmas, he's a fake field general taking credit. fox has been hammering home this nonesen for almost two decades. this goes back to the john birch society, henry ford pushing anti-semitic propaganda. but this is just nonsense. >> margaret? >> i mean, i resemble that remark about being forced to talk about the war on christmas. it is, it's a recurring trope. the thing that's historically fascinating about it is that it truly does date back to the puritans and has taken on full new steam in the middle of the 20th century as an anti-semitic trope. >> and may we wish you a merry christmas. >> well, i want to say if he had done a better job on covid, maybe we'd have a merrier christmas this coming week. but, anyway, we'll leave it there. thanks so much to both of you. happy holidays. hope you sort things after this segment's over. >> we will. we're doing fine. >> i know, i know. take care, guys. coming up, after bombshell revelations this week and the january 6th investigation including texts from lawmakers and conservative tv show hosts, what is the strategy for the january 6th committee? that's next. you're live in the "cnn newsroom." 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 why hide your skin if dupixent has your moderate to severe eczema or atopic dermatitis under control? 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. ♪ fresh flavors... classic dishes... ♪ and a new seat at the table. ♪ what does a foster kid need from you? to be brave. to show up. for staying connected. the questions they weren't able to ask. show up for the first day of school, the last day at their current address. for the mornings when everything's wrong. for the manicure that makes everything right, for right now. show up, however you can, for the foster kids who need it most— at helpfosterchildren.com the january 6th committee is moving ahead against those choosing not to comply with their subpoenas. this week the house voted to recommend the department of justice pursue criminal contempt charges against former white house chief of staff mark meadows. meadows refused to appear before the panel and stopped cooperating on the same day of his book release. cnn legal analyst elie honig joins me now. one viewer wants to know how likely is it that the justice department decides to file criminal contempt charges against meadows, given his defense of executive privilege, or as we've discussed so many times, it's been sort of selective because he's released some things there and not so much there. >> i think mark meadows should be charged criminally. it's not my decision. it's merrick garland's decision. he and i don't always see things the same way it turns out. steve bannon has had a weaker executive privilege claim than mark meadows. i see three primary faults with mark meadows' position. first of all, he has waived the privilege. he's written a book about it. he's produced thousands of documents to the committee. you can't then take it back. second of all we're talking about a privilege being invoked by a former president. and now we're starting to hear from the federal courts including a court of appeals that that does not fly. and, finally, even if the privilege might apply here, i don't think a court would give the benefit of it to mark meadows relating to january 6th conversations because the privilege does not apply to cover wrongdoing or potential criminality. what will merrick garland do? i think merrick garland has been weak so far in the way he has investigated and prosecuted january 6th. he does not seem to be interested in potentially political decisions. i think this one's going to be a coin toss as to what he does. i think it's going to be a 50/50 call. >> wow, interesting. and a federal appeals court ruled against former president trump as he has tried to keep his white house records from the committee. trump is now vowing to take this legal battle to the highest court. one of our viewers wants to know how likely is it that the supreme court will decide to hear the executive privilege case involving trump and the national archives? what do you think? >> yeah. so i actually think the supreme court is not going to hear this case. you need to have four out of the nine justices to vote to take a case. this case has already been ruled on by the court of appeals. they ruled against trump. so why might the court take it or not take it? they might take it because it raises an important and novel constitutional issue. we don't know exactly for sure whether a former president can invoke the privilege. we have not heard that from the supreme court. there's not what we call a circuit split. you don't have different courts around the country ruling in different ways. and i think if you look at the court of appeals' opinion against donald trump, it's really pretty air tight. they say, look, the current president has said no privilege. congress has said no privilege. who is the former president to come in and override that? we should find out an answer to this at some point within the next several weeks. but i think the supreme court's going to say no thanks and let the decision stand. >> right. and moving onto another subject, notorious trump ally roger stone appeared before the january 6th committee this week but he pleaded the fifth on every question they asked. if a witness takes the fifth can he still be charged with any crime at all? or is the fifth amendment a get out of jail free card? that's a good question, i suppose. >> it's not a get out of jail free card. it is a get out of contempt card, however. so the fifth amendment applies very broadly. any person whose testimony might tend to incriminate him does have the right to take the fifth amendment. i think it's fair to say, wow, a lot of people have taken the fifth here, stone, jeffrey clark, john eastman. i think there's a pattern there. but you cannot prosecute somebody for contempt if they've legitimately taken the fifth. but, however, it does not protect someone like roger stone from any other type of criminal charge. he could be charged with anything else that he's done. >> all right. we'll see if that happens. elie honig, thanks so much. happy holidays, my friend. >> you too. still to come, israel adding countries to its no-fly list as the prime minister warns a huge wave of coronavirus is already upon them. 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[children laughing] sorry about that. umm...what...it's uhh... you alright? 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>> everyone. >> your family members? >> they all did. friends. >> because they were worried about the reaction? >> consequences. it was all about, well, you're going to end up in jail over this. >> that's when they decide to have christie film cara having a violent fit and mark giving her cannabis. mark posted the video on facebook and it goes viral. the story makes local and national news. >> on the front page on the sunday paper. >> people take notice. >> somebody in our richardson town saw it on the local news and called 911. >> so does child protective services. >> it didn't take long. cps, knock, knock, knock, knock, and she said, i need to talk to my supervisor. we established a cps case with you, and you'll be hearing from us again. >> don't miss the cnn special report, "weed 6: marijuana and autism." it airs tonight right here on cnn. after 400 trees and 10,000 ornaments, a couple in germany has broken the record for the most decorated christmas trees in one place. take a look at this place. wow, all the lights you see there are more than 300 strings of them, but i have to say, still does not top my mom's house, though. my mom has the best decorations. thank you so much for watching. that's the news. reporting from washington, i'm jim acosta. hope you have a happy holiday. pam takes over after the break. this whole journey has been such a huge gift for our family. not only do centrum multigummies taste great. they help support your immune defenses, too. because a healthy life. starts with a healthy immune system. with vitamins c and d, and zinc. getting out there has never tasted so good. try centrum multigummies. ♪ ♪ cases of anxiety in young adults are rising as experts warn of the effects on well-being caused by the pandemic. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ 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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