united states. tonight, the cdc saying omicron accounts for 73% of all new cases. now, when it was first detected in the u.s. in the first week of december, mind you it accounted for 1% of cases. by the second week of this month, just over 12%. and now, accounting for every three of every four cases. and the overall covid case load is now spiking. the u.s. now reporting more than 130 130,000 new cases per day and hospitalizations from covid are up 35% over just last month. dr. anthony fauci warning americans that the next few weeks and months are going to be difficult as omicron continues to spread. he and another medical expert urging everyone to get their vaccinations and booster shots from maximum protection and fauci criticizing americans that claim they have a right not to get vaccinated. reminding them that covid has killed more than 800,000 americans. >> when someone says well, i'm taking my own chances, it is my body, i'll worry about it, nobody should tell me that i need to get vaccinated or that i should wear a mask in an indoor setting. well, that might be fine for you you won't get ill because hospitals are full of people that made that mistake and so are graveyards full of people that have made that mistake. >> tonight, an official in harris county, texas reporting a death related to the omicron variant. the first known omicron death in the u.s. the man was not vaccinated. and had underlying health issues. and if you want a clue as to just how deep the anti vaccine sentiment runs among some people, well, even former president trump was booed by the audience at an event he attended in dallas just yesterday. >> both the president and i are vacced. did you get the booster? >> yes. >> i got it, too -- >> don't, don't, don't, no. that's a very tiny group over there. >> i wonder why that is happening? now we have breaking news on a covid exposure at the white house. i want to go to cnn senior white house correspondent phil mattingly. we're learning the president had a close contact with a staff member that tested positive for covid. what do keep know about this person's interaction with the president of the united states? >> the reality of this moment reaching the white house. a mid level staffer was in contact with president biden on friday for about 30 minutes according to jen psaki on air force one traveling from south carolina to pennsylvania. now, that staffer is not regularly in contact with the president and tested negative before boarding air force one but the staffer started feeling symptoms on sunday, tested positive on monday. now, the president tested negative on an antigen test on sunday when they found out about the positive test on monday, the president took a pcr test and tested negative. he'll take another one on wednesday and in accordance with cdc guidelines, he does not need to quarantine but under scores the risk. the president started wearing an n 95 mask instead of a surgical mask. that staffer was both vaccinated and boosted. the president is both vaccinated and boosted. but this all kind of leads into a critical moment for the president in this moment in time in the united states. tomorrow, he will be giving a major address related to that omicron surge we've seen over the course of the last couple of days. the president is expected to deliver a dire warning to the unvaccinated, a very simple warning white house officials say one repeating what he said last week for those vaccinated and boosted, there will certainly be breakthrough cases however, you're likely to avoid any type of serious infection from the pandemic. for those who aren't, you're facing death in a very dire winter. one thing to keep an eye on i'm told is what the president says related to testing and potential overflow in hospitals. that's a very serious concern and very real problem on the testing side of things. it will be interesting to see if the president goes any deeper as omicron becomes the dominant variant in the united states today. >> that happened so quick. phil, thanks for your reporting. i want to bring in an epidemiologist. he's currently a professor at cornell medicine. doctor, thank you for being here tonight. i'm happy to see you but not like this because we're learning that omicron is now the dominant covid variant in the u.s. less than three weeks after the very first cases were even detected. i mean, it's stunning and there is so much we don't know about it. what concerns you most about the omicron variant? >> thanks for having me. what you're seeing in new york is what we saw play out in south africa, in london, in denmark. we are seeing just an absolutely explosive rate of infection. something that really seems to exceed what we even saw during the first deadly wave back in march and april. what is most concerning to me is that we continue to have people who are not fully vaccinated. and we already have a health care system that is under severe strain. health care workers have been working non-stop. they're demoralized and fatigued and the single best way we can reduce demand on our hospitals is by getting everybody fully vaccinated and boosted. >> you know, we talk about last year feeling like ground hog's day and here we are again. feels like we've been here be ever and we haven't quite learned the lessons of months and year. you have an article out what new york can tell the rest of the nation about this variant. you said new york state seen four straight days by the way of record cases tripling in the last week alone. it normally takes a few weeks for hospitalizations to reflect a spike in cases. what do you expect to happen here? >> well, that is the great and worrisome unknown. so i can tell you at this exact moment our hospitalization levels continue to run in new york city more than 50% less than they were when we've had similar case numbers in the past and i'm quote ite confident tha the effect of the vaccines. the problem is that a small percentage of a very large number is a large number, and that's really what we're worried about. we're worried about as the number of people infected continues to grow, that even though a large number of people ar are protected from severe illness by vaccination status we could overwhelm the health care system. that doesn't appear to be what is happening now. we have a lot of confidence in the quality of our health care staff and personnel to weather this, but it is something that we have to watch from moment to moment. >> you mentioned south africa. we've watched israel in the past and europe and other nations to figure out how the u.s. should maybe operate or conform or change things. we just learned london cancelled their new year's celebration and mayor de blasio is considering whether to cancel the times square ball drop. there is a billy joel concert at msg. are large scale events a good idea right now in general? >> we're at a stage right now where the only way to make sure that you are protected is to be fully vaccinated, to be boosted, to be wearing a very high quality mask and even on top of that, limiting the amount of contact you have with people. i would strongly recommend you be judicious any time you're gathering together with people, particularly if you're not fully vaccinated and boosted and wearing a high quality mask or if you have any health conditions that put you at high risk. the larger your gathering, the more likely it is you might encounter somebody with undiagnosed omicron and what we learned about this strain, unlike the previous strains, it is that it transmits very readily through the air to large numbers of people. >> doctor, thank you. appreciate it. i'm worried about the children especially who aren't yet boosted and a couple of them -- many haven't gotten the full rounds of vaccinations with the holiday season. thank you for your time. appreciate it. you know, we're nearly into year three of this pandemic and some kids still can't get the vaccine. what parents need to know right after this. mr. clean magic eraser: for a deep down hygienic clean. magic eraser removes the messes you can see as well as more of the dirt and grime you don't. all you do is wet, squeeze, and start erasing dirt and grime all around the house. try mr. clean magic eraser: for a deep down clean. thanks for coming. now when it comes to a financial plan this broker is your man. let's open your binders to page 188... uh carl, are there different planning options in here? 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>> yeah, thanks for having me, you know, it's still early days and frankly, people who know me would say that i'm not a glass half full kind of guy but here is why i'm trying to be that now. the situation is serious but it's not dire. we know what we need to do and we do it. from the data we have available it seems omicron doesn't cause serious illness in children and the good news is children over 5 can get vaccinated and vaccination does proffer a significant amount of protection. you're right that we have to worry about our youngest kids, those under 5 so we have to do everything we can to protect them from getting it. >> i of course, want the optimism to go back to what normal looks like in a safe way but i have pause about this. one study suggestions children may be more at risk for omicron but less people are likely to be hospitalized, children were 20% more likely to be hospitalized:. this is one stud y but is this concerning for you? >> this virus is way more contagious than delta. two to three times more contagious than delta. delta was two to three times more contagious than alpha. we're seeing that we're approaching a situation where if you were exposed unvaccinated but even if you are vaccinated, you're at significant risk of getting it and the more people that get it, the more people that are likely to suffer adverse serious affects from it. more common, way more common in unvaccinated people but still, yes, even if it's the same as it was before in less than .1% of children have serious affects, if millions of children are affected, we're going to see more kids that have serious illness. >> the holidays are just around the corner. we're days away from christmas. let's talk about what parents want to know. how safe are things like play da dates, can children play with unvaccinated. >> i've been advocating for two years we need to do as normal and experience because they need it, you know. i am 57 and i lost two years of my life. that's very different than a 5-year-old who lost two years of their life, which represents 40% of their life and critical experiences they won't have again or the opportunity to have again because of their developmental trajectory. we need to allow kids to have a normal interaction with loved ones, with teachers, with play dates, with play mates and the best way to do that is to try to create the safest possible situations for them to get-togethers. see, the thing about omicron you have to keep in mind is it's the weakest link phenomenon. when you go to madison square garden, would you do it? no, i wouldn't. because there are 20,000 people there and i have no way of knowing whether they have symptoms, whether they -- i'm guessing they check vaccination status but i don't know if they forged it. it's a risky situation. you can create situations for your family where you trust the people you're with, that you know that they're vaccinated, and you know that if they have symptoms, they would not get-togethers with you. they wouldn't misrepresent anything and then i think yes, i would allow children to get-togethers with family members and with friends even indoors and yes, unmasked. the things we have to do is everybody who could get vaccinated should and by the way, i want to move the language from talking about vaccinated and boosted to just vaccinated. right? we're in a situation now where vaccinated means three doses, not two. and i'm speaking as a pediatrician and parents out there know some shots need two, some shots need three, some shots need five. fully vaccinated means a number you need to be vaccinated and that's where we are right now with covid. you need at least three shots. >> it's true. with parents of young children, we're accustomed to having kids vaccinated and going to the pediatricians office and much more equipped to do so but we talk about what the psychological toll has been. you talk about the young experiencing this through their eyes. it's difficult as a mom. i have a 7-year-old and 9-year-old and it's hard to watch them endure this but you're always balancing their safety against the unknown and i know you know a lot about that. thank you, doctor. appreciate it. >> happy to come back. stay safe, everyone. get vaccinated and happy holidays. >> thank you, same to you. and coming up, some breaking news from the january 6th committee saying a member of congress essentially tried to start a coup in the justice department. plus, there are three big trials across this country that we are watching tonight. the juries are out and we'll discuss what they have to decide. that's next. it's another day. it could be the day you welcome 1,200 guests. and all eir devices. or it could be the day there's a cyberthreat. only comcast business' secure network solutions give you the power of sd-wan and advanced security integrated on our activecore platform so you can control your network from anywhere, anytime. it's network management redefined. every day in business is a big day. we'll keep you ready for what's next. comcast business powering possibilities. look! oh my god... i want my daughter riley to know about her ancestors and how important it is to know who you are and to know where you came from. ♪ we're discovering together... it's been an amazing gift. ♪ - oh...oh. - what's going on? - oh, darn! - let me help. lift and push and push! there... it's up there. hey joshie... wrinkles send the wrong message. help prevent them with downy wrinkleguard. feel the difference with downy. 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 we've got big legal stories from coast-to-coast tonight and three big separate trials. kim potter, the sex trafficking trial of maxwell and the fraud trial of former ceo elizabeth holmes. we begin with breaking news from the january 6th select committee. they're asking republican congressman scott perry of pennsylvania to voluntarily sit down for an interview. the committee says it wants to discuss perry's role in the attempt to install former d.o.j. official jeffrey clark as acting attorney general in the days leading up to the january 6th insurrection. now, perry is the first sitting member of congress that while we know of who is being called to talk about helping trump in his efforts to undermine the election. joining me now, cnn senior legal analyst ellie. nice to talk to you. nice to see you again, my friend. how are you? >> a lot to talk about. >> you don't say. you say congressman perry's attempt to run a coup at the d.o.j, you say potentially the worst abuse of power in this entire mess. tell me why you see it that way. >> laura, because it's the department of justice. it your doj, it's my doj and the place we used to work and the last independence of truth and government. what these guys tried to do is run a coup to help department run a coup and steal the election. it's unforgivable. scott perry was the middleman between the white house and mark meadows, what has mark meadows done? he's in contempt not talking and the other hand, doj and jeffrey clark is taking the fifth. he's not talking. clark -- so excuse me, perry is the obvious person for the committee to look at. he can send a thank you note to mark meadows and jeffrey clark for his what may soon become a subpoena. >> he unlike mark meadows won't have the most direct climb, not a valid one but privilege. he has a different scenario at hand. they sent a letter to perry saying they are aware of multiple texts and other communications, multiple texts and other communications with mark meadows as you point out about jeffrey clark. they're making it really clear they have the receipts so what happens if, say, perry follows the lead of a mark meadows or a steve bannon and stone walls them? >> interesting question. so it depends how he does it. he could take the fifth representative perry. he has the right to do that if he thinks his answers may incriminate him granted he's a sitting member of congress, that would be fraught to do that. if he defies the committee and says no, i'm not cooperating, the committee has to decide whether they hold him in contempt. this is a colleague of theirs. this is a sitting member of congress. we'll see if they have the political backbone to do that. >> meadows is a former colleague. they saw him thumb their nose and again, as we know, the idea of trying to assert a privilege is not like a carte blanche that says i don't want to show up anymore. it's idea of question by question assertion of privileges and saying no, i don't feel like coming in. it can't be good enough. it a valid subpoena. it can't be good enough, right? >> yeah, that's the way it's supposed to workm. you're not supposeded to say i'll take the fifth. it needs to be applied question by question. so at a minimum, he has to do that and if he doesn't, he'll strengthen the committee's hand for contempt. >> speaking of actual prosecutions that have gone forward, we have three really big trials going on this week alone. you've got kim potter, you've got maxwell, you've got elizabeth holmes, as well. i want to go to kim potter who mistook her firearm for her taser and fatally shot doaunte wright just 20 years old. this happened in the middle of the derek chauvin trial out of minnesota and the jury is now deliberating. so how is this going to play out in your mind? she's got an interesting argument here. there is no intent requirement in minnesota. is she going to i guess evoke sympathy from the jury? >> boy, laura, whatever we have a big trial i have a sense where the jury is going. this could go either way. what is so up nusual, you say there is no dispute about the facts. it's an accident. the question for 12 ordinary minnesotans will be was it an exec excusable accident or criminal and i just think that's a 50/50 coin toss how they will come out there. >> i won't take it personally when you said ordinary minnesotans being from minnesota, ellie, i'll take that as a different approach you new jersey person you. >> that's a compliment. >> i'll take it as that, you're right. you're right about this case. it an interesting one. most cases we've seen involving officers are about the intentional behavior, that it was not just reckless but an intentional act they intended the result or was for eseeable. you have no requirement they prove intent but was it foreseeable? it culpable negligence in the same benefit of the doubt that protects officers, now i wonder how it will play up here and also there is the maxwell trial. the jury is also deliberating in that case. what are you expecting? >> okay. i'll go on record here. i do expect maxwell to be convicted. the prosecution has not put on a perfect case but i think her conduct was so grotesque and the combined force of the four victims who testified is going to be enough for the jury to find her guilty beyond a reasonable doubt. >> you know, interestingly enough, this is a case where she speaks about being scrape goated and that's the defense that you're only prosecuting me because epstein is not here. he is the person you wanted, now i am even a biblical reference saying a time as old as time, they're blaming eve for giving the apple to adam. right? that's her defense here. interestingly enough, in another trial, elizabeth holmes has a similar sort of notion, not that she's being scapegoated but there is a manipulation going on. she was accused to lying to investors and patients about her blood testing startup that's been going on for four months and there are dozens of witnesses. first of all, why is this trial taking so long? four months. >> good question, the prosecutors are making a mistake there. i was a big believer in thin to win. get your best evidence onto the jury. four months is too long, i think. >> you know, it's interesting because you think about the complicated factors involved there. the idea of trying to explain the technology alone is interesting to people figuring what does this mean and how were there so many investors you know and names that are high profile participants, as well. interestingly enough, a lot of cases we're drinking through a fire hose when it comes to being a lawyer these days, ellie. >> oh, look, it's fun. it's why we do this. it's fascinating to see. elizabeth holmes the question is did she, was she engaged in your standard puffery and sal salesmenship or was this fraud? the evidence makes clear she gave so many specific lies about the efficacy of her rod duct and relationships she claimed she had with the military with pharmaceuticals and as a prosecutor, when you point to the specific lies, you say that's over the line. that's fraud. >> what does she know? when did she know it? can you believe her in the end? nice talking to you. >> you, too, thanks. more breaking news tonight by the way. with covid cases spiking across the country, the national hockey league and nhl player's association announcing they will pause operations league wide starting on wednesday and lasting through christmas. now, games are going to resume on december 27th. there have been now 49 games postponed this season, 44 of them, 44 of them since december 13th. the president's signature legislation hitting a brick wall after senator joe mansion says he's a no on build back better. progressives aren't happy about it at all. congressman jamal bowman is one of them and he joins me up next. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relilie. pepto o bismol for fast relif when you need it most. michelob ultra organic seltzer. two flavors bursting onto the scene. they'll make quite a splash. now in watermelon strawberry. and black cherry. as real as it tastes. welcome to allstate. where you can pay a little less and enjoy the ride a little more. ♪ ♪ ♪ ♪ now, get new lower auto rates with allstate. because better protection costs a whole lot less. you're in good hands with allstate. click or call for a lower auto rate today. it's our holiday savings event on the sleep number 360 smart bed. what if i sleep hot? 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joining me is congress man bowman, democrat from new york. thank you for being here. happy to see you, sir. >> good to see you, thanks for having me. >> you pushed through the infrastructure package with expectations of the spending package passing. here is what he said to fox news. listen to this. >> i cannot vote to continue with this piece of legislation. i just can't. i've tried everything humanly possible. i can't get there. >> you're done? this is a no? >> this is a no on this legislation. i have tried everything i know to do. >> congressman, what did you think when you heard him say that? >> so, this is exactly why tens of millions of americans don't trust our government, not just the republican party but the democratic party, as well. i was infuriated when i heard those comments but wasn't surprised because we had been sounding the alarm on this for several months worried about what mansion was going to do when it was time for him to make a decision. it went from 3.5 trillion to 1.75 trillion because him, his special interest, his donors and lobbyists were cut in the bill for several months because they didn't want this bill to pass. why? because this bill disprono more questions -- disproportionately supports people of color. it supports women. it supports children. it supports those who are poor and lifts them out of poverty. why wouldn't mansion want to support that when this would benefit west virginia tremendously? it's tremendously frustrating for me as a black man in america because once again, it's an example of joe mansion as a white man showing that he doesn't care about black people. he doesn't care about latinos. he doesn't care about immigrants. he doesn't care about women and he doesn't care about the poor. he is a millionaire and he has the privilege to kick the can down the road and not vote for this bill while the people in my district are suffering, we just buried a 17-year-old who was shot dead in the head a couple of weeks ago. this bill has 2.5 billion for violence prevention. it has universal child care, universal prek. it finally deals with the climate issue the same way black and brown people and women were kept out of the new deal. joe mansion is trying to keep people out of this bill today and it's unacceptable and we need to do everything in our power make sure it passes. >> so what do you say when he reacts and says it's not about people of kcolor or trying to oppress. it's about inflation. you're not buying that? >> that's not true. there is no research, there is no studies that support that. studies show and goldman sachs pointed out today if we pass build back better, it will uplift the economy and uplift people living in prover the i and create cash flow and it's the best way for us to respond to the largest global pandemic we've had in 100 years. this is -- he's out of touch. he's out of touch with the research. he's out of touch with present day economists and out of touch with the poor people in west virginia and the people in my district who have been waiting their entire lives for this kind of support and investments from the federal government. and let me also say this, this is not just about mansion. i mentioned it before. big money in politics is destroying how we govern in washington. because if he were responsive to the people in west virginia where west virginia has some of the highest poverty rates in the country, if he were responsive to them, he would behave and vote differently. it's about his donors. he had the biggest fundraising year of his career. it's about lobbiests spending more this year than they've ever spent in their entire existence. speaking of pharmaceutical lobbiests. let's speak about what the resulty is. big money in politics has to go. we have to respond to the american people because if we don't, we don't have a democracy. look what happened january 6th. >> congress man bowman, so well said and articulated what is at stake here and what the motivation is. naturally, he disagrees i'm sure with everything you just said but the american people are going to have to reconcile what is happening in the lose of the agenda, what that maybes overall and the priorities of the democratic party in two houses, albeit a slim one. appreciate your time. >> thank you so much. president biden's agenda on the ropes. the coronavirus pandemic resurging. it's been tough going for this president. will he be able to right the ship? 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(vo) buy your next car 100% online. with carvana. president biden's agenda is on ice and his approval is under water. can things turn around for him less than a year into his first term? let's discuss the political commentators analyst ron brownstein and kirsten powers. good to see you both. ron, let me start with you, if i can here. the white house put out a scathing statement. i'm sure we read it accusing mansion of a betrayal over his vote no on the build back better. here is a little bit. i'll read a little portion. senator mansion promised to don't conversations in the days ahead and to work with us to reach that common ground. if his comments on fox and colleaguies in the house and senate. they changed their tone today calling manchin and biden friends. what is going on behind the scenes? what are your thoughts? >> what we're watching is extraordinary in several respects. one, as you've talked about, west virginia is one of the states that would benefit the most from this bill. i mean, it ranked 44th in the share of kids in poverty, 45th in extreme poverty, 43rd in kids experiencing food insecurity. so there are literally thousands of families in west virginia that would benefit from the programs and the bill and very few who would be facing the taxes on the rich. there aren't a lot -- there isn't a huge population of that sort in west virginia and the other thing that's remarkable about this, laura, if you did a census at this point of every elected democrat above the level of mayor, governor, member of the house, member of the senate, joe manchin may be the only one willing to sink this entire legislation. virtually every other democrat wants to pass something along the lines of what the house did and the thought that like your view from manchin who is part of this collective loosely to say i with a 290,000 votes i won should out weigh everyone else including the guy that got 81 million votes in the white house is pretty extraordinary. look, his brand is the guy that will say no to the democratic party. his ad shows him shooting a gun at the cap and trade climate bill. he likes being seen as the guy throwing up the road block. if he wants to get to yes, there is certainly a deal to be had. does he want to get to yes? i don't think i know. >> i don't know. kirsten, he blames it on the white house staff, remember? it's not like anything else. some white house staffer that out ranks the president of the united states and is able to deflect everything but this happened over the weekend. i don't know enough people saw it. watch vice president kamala harris with charlamagne tha god on his show. >> who is the real president of this country, joe manchin or joe biden? >> come on, it's joe biden. >> i can't -- >> no, no, no, it's joe biden. 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 a problem -- >> and it's joe biden and it's joe biden and i'm vice president and my name is kamala harris. >> well, i mean, was it an unfair question? it seems joe manchin is the joe to be watching in washington d.c. what do you think, kirsten? >> i think that he was expressing a frustration of a lot of democrats have, which is watching all of this, you know, play out where joe manchin gets to dwindle this bill down, take out all sorts of important things out of it that really important things to democrats and then turn around, you know, and tell the president basically they're very close to having a deal and then goes over on fox news and announces there is no deal. this is really outrageous behavior and there is a lot of talk about joe manchin's feelings and i think that that is really not what is important here. what is important here and the reason people are as upset as they are, they are upset on behalf of the american people that need this relief and so, joe mansion is making this all about joe mansion and someone wasn't civil to him and one said this letter is too scathing or whatever it is. the problem is there are people that need relief. there are people who need paid family leave. they need help being able to take care of children and elderly parents. he opposes that. there are people that need lower prescription drugs for their health. this is more important than joe mansion's feelings. you know, there -- again, another thing he opposes, he then complains that the bill isn't paid for but he opposes the things that would pay for it. so he doesn't want to raise taxes on the rich, in fact, he called the billionaire's tax divisive and then he complains that the bill isn't funded but he opposes the funding. so it's crazy. >> for real. >> i understand people are protesting and that's very unpresent for him and obviously, if there is anything where anyone is causing threats to his life, that's unacceptable -- >> kirsten, i got to wrap here. we're out of time. it's important. what you're articulating is the democracy that matters, not the feeling of an individual senator. thank you to both of you for joining. i wish we had more time. thank you both for watching. our coverage continues. i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? 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(music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ (music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ good evening. we start with breaking news the day before president biden speaks about the omicron virus

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