reported less than a month ago is the dominant strain of new cases in this country. and made up 73% of new infections last week. 73%. a senior health official warned this weekend that these intexts are likely to increase and we've just confirmed the first death in the united states due to the omicron variant in texas should not come as is surprise. this is on top of a surge that seen cases rise across the country. here in new york we had four consecutive days of record numbers statewide causing confusion and exhaustion among over worked front line workers, one of whom you'll hear from in a moment. i'm john berman in for anderson. let's be clear. negative as these headlines might sound, this is not like the darkest days of the pandemic, not at all. for one, hospitalizations don't appear to be tracking the rising case counts in new york city according to top health officials and in new jersey according to the governor ther e moderna today announced a third shot of its vaccine significantly boosted the body's defense against the omicron variant. the normal booster dose which is 25% of the two-dose cycle increases antibodies by a factor of 37. but as dr. anthony fauci -- the president's chief medical adviser -- reminded us today, our fight against the virus is only as effective as the number of people taking these lifesaving drugs. >> when someone says, well, i am taking my own chances, it is my body, i will 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 because you have confidence that you're not going to get seriously ill which, quite frankly, hospitals are full of people who made that mistake. and so are graveyards, full of people that have made that mistake. >> unfortunately, that is where we start tonight. overburdened hospitals and staffing shortages. tonight, the pentagon announced it is deploying two teams to indiana and wisconsin to support hospitals in those states with covid relief. this comes as ohio has deployed its national guard to hospitals this week. ohio's case count is at its highest point in just over a year. joining me now is a doctor who works at one of those hospitals where the national guard is being deployed. dr. brooks watts a chief medical officer at the metro health system in cleveland. dr. watts, thank you so much for being with us this evening. look, it is easy to get lost in all the numbers and cases. what do things look like for you right now as a doctor working every day in the hospital? >> thank you. we're in crisis here in northeast ohio. i think the health systems, together, said it best this weekend. when we took out a joint ad with all hospitals in our region and it said one word, it said help. it said help because our hospitals are filled with patients with covid and we're struggling. >> the national guard is being sent in to help. what will they be doing? >> we're very grateful to the state and governor for offering up the national guard as a resource. they will be coming into our cleveland area to help offer access for testing. right now, because we have so many covid cases, there isn't a rapid test to be found. and the pcr tests that are offered generally at testing sites, the wait period is approximately seven days. so the national guard will be helping us by setting up the testing site. i do want to acknowledge we are so grateful for their help but these are also folks with families. and we know they're coming to us, um, during this holiday time at costs to their own personal lives so we are very grateful for their service, but also want to appreciate the sacrifice they are making here. >> what kind of patients are you seeing in your hospital who have covid? are these mostly unvaccinated? >> we continue to see most of our patients, particularly the patients in the icus are unvaccinated. i think what felt a little bit perhaps different for me this time having taken care of covid patients since the beginning of the pandemic is i do feel like we are seeing more younger folks. there is nothing more heartbreaking than walking into a covid patient's room, and seeing pictures of their young children. so, young parents. second group that i think is really struggling right now are those, um, most vulnerable among us. so, i think of our cancer patients, our transplant patients. those folks who don't have normal immune systems because of their own medical troubles. and they may have done everything right. they may have gotten the first dose and second dose and they got their third dose but because their immune system isn't normal, they are really not able to take that vaccine and make the protection others of us get. >> dr. watts, i have to say you say you are in crisis mode. you are being overwhelmed with covid. you sound a little bit exhausted to me tonight. how are you feeling about where things are? are you scared? >> i think you use the right word earlier. we are exhausted. and i -- you know, i feel for myself. i certainly feel for our staff. you know, all of us have families and this is the holiday season. last year, we were in a similar situation but we sure had a lot of hope that we were going to get to a better place. um, i just don't think any of us saw this coming. for us right now, most of the patients in the hospital still have the delta variant but as you mentioned in your intro, omicron is coming on fast and strong and we are all sort of waiting to see what happens next. and i think that -- that unknown and that fear is contributing to the exhaustion we are all feeling. >> well dr. watts, i hope you get the help you need. i am glad the national guard is there. i hope you get the tests you need. seven days on a pcr test, it's not worth taking it. seven days, doesn't tell you anything at that point. but look, thank you for being with us. we appreciate the work you are doing. um, and please let us know how we can help. >> well, thank you for drawing attention to us. that's the first start. so one more thing about that first death to the omicron variant we reported at the top of the show. we ever just learned the deceased was unvaccinated, and had underlying health conditions. perspective now from someone that's been warning about the surge and its burden on hospitals and their workers, michael osterholm, director of the center for infectious disease research and policy of the university -- university of minnesota. he was also an adviser on covid during the biden transition. professor, it is always a pleasure to speak with you. i just spoke with dr. watts in ohio who says she is over wellmed. they are in crisis mode right now due to covid. what is the likelihood that we are going to see things like that across the country? >> well, we are seeing it in certain parts of the country right now due to delta and that likely will change in the next two to three weeks as i think omicron takes over delta. then, instead of seeing regional surges we are seeing with delta, much of the west right now is very low level with delta. parts of the south. i think omicron is going to be a national viral blizzard. and that we can expect to see substantial activity throughout all the states, just as we are now seeing it throughout all the countries. for the next three to eight weeks, i think we are going to be in a very, very difficult place. >> a national viral blizzard, you say. we got the news from the cdc a short time ago. 73% of new cases are omicron. what are the implications of that? >> well, you know, john, we got data today out of south africa that says that if you look at the number of patients presenting with omicron, versus delta, there is actually about a fourfold decrease likelihood of needing hospitalization or being on a ventilator which is good news. the problem is with omicron, the transmission levels are much higher than four times what we saw with delta. so actually, the net gain and potential hospitalized cases, even though more people who get it have milder illness, so many more people, overall, will get it that i think we are going to see a real challenge in our healthcare systems over the course of the next three to eight weeks. and what really is challenging is, on top of that, we can expect 10 to 30% of healthcare workers to get infected during that time. people who were vaccinated who have breakthrough infections and that is only going add to the burden then of trying to provide care all at the same time through all 50 states. >> so the concern is so many omicron cases that it could overwhelm the healthcare system, even as you say and dr. gottlieb pointed this out. i was speaking to a leading south african doctor this morning, who pointed out what you just said. there does appear to be a decoupling between the rising cases from omicron and hospitalizations that's not causing a corresponding increase in hospitalizations among the infected, correct? >> it's not but the difference is that when you have that many more people infected -- and remember, that in south africa, one of the things that unfortunately they had going for it was so many people had been previously infected with delta that they had a lot of underlying immune protection. right now, in this country, we know, for example, that all those who have received two doses of vaccine, only 30% have had that very critical third dose. and we know that, already, if you don't have that third dose, the likelihood that omicron will actually override what immune protection you have is very real. and the problem, also, is the fact that it takes seven to 14 days after you have been vaccinated before that immunity really picks up. well, that takes us into the new year. takes us right through the holiday season and right into the heart of the omicron, what i call, blizzard. so it's not looking good. it is a real perfect storm, unfortunately, of events. >> and your primary concern, still among the unvaccinated in the u.s.? >> well, the unvaccinated are a key, key issue. we are going to continue to see -- just as we have seen with delta -- severe illness in that group and with the kind of transmission we are seeing right now with omicron, many of these people who thought they could wait out the game, you know, run the clock out, are going to get infected. now, our hope is of course they are not as severely ill and the same numbers but because so many will get infected now, again the absolute numbers of cases will increase and, again, our healthcare systems are just not able to handle this, given already their -- their very, very difficult position they're in. >> and just one more question about a study we saw today from the new england journal that they focused on the delta variant and found the breakthrough infections are more common among people vaccinated more than six months ago. people have been vaccinated six months or longer ago are seeing more of the breakthrough infections. so, what does that tell you? and what does that tell us about where we are and the need for boosters? >> well as you know, i have been saying since the middle of the summer that i thought the breakthrough infections were very important. they were indicating to us of this waning immunity. but on top of that is the fact that again as i just pointed out, 70% of the people who have been vaccinated -- these are the vaccine willing. they are not vaccine hesitant -- that they haven't yet come in to get that third shot. i -- i don't like to call it a booster. it gives it a sense that it's kind of an add-on. all along, this should have been a three-dose regimen. that should be what fully vaccinated means and right now we have a lot of people in this country who have bought some protection but will it be enough to actually avoid serious illness with omicron? we don't know. >> professor michael osterholm, i do appreciate your time tonight. even if the warning you give does sound quite ominous. thank you. >> thank you. i am joined now by the mayor-elect of new york city, eric adams. mr. mayor elect, thank you so much for being with us. look, professor osterholm just said he expects a national viral blizzard three to five weeks from now. you are inaugurated, what, two weeks from now. so how does that news sit with you? >> it's -- this -- this virus is a formidable opponent and we don't know where it's going to end up. all of my experts here that i have been partnering with and learning from is telling us there is a great level of uncertainty. the numbers are going to increase, likely. but we have to be prepared. and we must understand that covid is here, it's going to be here with us. and we must learn to live with it in a smart way and that's what we are going to do in new york. >> what does that mean, live with it in a smart way? >> well, think about it. uh, i was on the ground during 9/11 when the terrorist attack crippled our world trade center. and we were terrorized. we were afraid. many people did not want to go back to work, and felt as though our city would never recover. clearly, covid is not terrorism but it has brought terror. people are afraid to go back to work. they are afraid to go back out. we just spent almost $11 trillion in our economy. we can't do that again. so, it means doing smart things, getting vaccinated, getting your booster shots, making sure you do the social distancing, making sure you do the smart, simple things that's needed so we can combat covid in a real way. our cities must return and if we don't do that, then the long-term impacts on our economy, our children, and our families is going to be greater than covid can ever do. >> look, i am sure you have seen long lines for testing around the city. they were' everywhere. i mean, it's very hard to get a test at a drug store, one of the instant tests, you have to wait for hours if you want a pcr test. what are you going to do to make testing more available? >> well, number one, let's not look at the downsides. let's look at the opportunity. let me tell you what's going to happen in this city and country. just as we were able to find a vaccine in a short period of time, we are going to find a faster way to do testing. you are going to see the great minds of americans and global ingenuity come up with a faster way. you are going to find times where people are going to be able to wear a mask, and determine if someone has covid. this is going to open our creativity. out of crisis, come creativity. let's stop with the woe is me and let's start with why not me? let us we are going to make sure we do as much testing here, we are going to get kits and test people but we also want to encourage new yorkers and americans, we have battles before and we are greater than any type of covid or any type of virus. that's what i know and that's what i believe. >> it's not so much a woe is me thing. it's 18 months. i mean, people have waited for these tests for 18 months. it's not like they are rushing into something or asking for something they haven't been hoping for or promised for a long time. mr. mayor elect, the head of the who said today regarding holiday gatherings, quote, an event cancelled is better than a life cancelled. and there is word today from the mayor of london that that city is going to cancel its new year's eve celebration. so, do you believe that new york city should consider the same? >> i think that the -- the times square celebration, if the numbers are at a dangerous level, this continues, the evolution, we need to pivot -- pivot to do what's right. remember, we have two crises here. we have the crisis of our economy. and we have the crisis of hope and the crisis of covid. and so, i believe that if there is a dangerous level, our healthcare professionals will inform the current mayor and they will make the right decision. and if -- until that is taken place, we have one mayor at a time. i keep saying, i believe bill de blasio is doing an amazing job around this crises with his team and he will make the determination on the 31st. i am the mayor on january 1st, and that's when i have to make the decision for this city. >> you are the mayor on january 1st. a couple weeks from now. i know you say you weren't looking for any kind of grace period. doesn't seem like you are really going to get one. mr. mayor-elect, good luck to you. if i don't get a chance to talk to you, a have a happy new year. >> thank you very much. still to come tonight, we have breaking news out of the white house involving covid. also, negotiations between president biden and senator joe manchin surrounding the president's build back better plan. those talks died sunday and following some very public finger pointing between the two sides, it's possible they may live again. may being the operative word. legendary democratic strategist, james carville joins us. and later, the january 6th committee wants to talk with a sitting member of congress. we will tell you which republican when "360" continues. but not everyone gets the best deal. like what if i give you a lollipop... but then i give you our best lollipop. that's not fair. at at&t we think it's only fair that all customers get our best deals, and you get a choice of plans. she said everyone? 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in between, very public criticism from the president's staff and progressive allies aimed at democratic senator and holdout joe manchin. the latest is the president has personally spoken with manchin and we will get to that in a moment. first, though, we have breaking news ott outof the white house. jeff zeleny, we understand this involves the president and a staffer who was covid positive. what more can you tell us? >> john, we are learning tonight that a close contact of the president -- someone who is described as a mid-level staffer who spent some time on air force one with the president on friday as they flew from south carolina to pennsylvania before week ending in wilmington, delaware. this staffer had covid. at the time, they did not realize that but on sunday, they tested positive. so the president received a test today, a pcr test. it was negative. he will test again on wednesday. the white house said they are following protocols on this. but again, this mid-level staffer who was not identified by the white house spent about 30 minutes or so with the president. so the guidelines would mean then the president had close contact with him, so would have to keep testing here going forward. all this, of course, coming on the eve of a big speech he is giving tomorrow here on that new variant hitting the u.s. >> negative as of today from a pcr test. >> right. >> jeff, what about the phone call between joe biden and joe manchin? what is the status as of this minute on the build back better negotiations? >> john, i think you can call it a cooling-off period but the question is will it ever get hot again and that is very unconcern. the reality is we are told biden spoke with senator manchin last evening to err some grievances, really an extraordinary war of words between this white house and between joe manchin that tine continued today on west virginia radio. the white house pushed back. but today, there was a measure of calm a tone of respect because if the white house wants to get its agenda going forward, they still need senator manchin. so things are cooling off over the holidays. we will see if it resumes next year. there may be a path for this, john, but it is heard hard to imagine exactly what that would be. >> i mean, there is a line of thinking joe manchin was just trying to show democrats they really, really need him. if that is true, what has to happen going forward for this bill to stay alive? >> well, democrats know they really need joe manchin at least the democrats here at the white house. perhaps, not as much in the house. but look, this is a huge blow for the president's agenda. this is his biggest agenda item but it's much more than that. look at the economic hit goldman sachs, moody's, they are already saying if there is no big agenda like this, the build back better agenda, it's going to have devastating impacts for the economy. they are adjusting forecasts down. so that could be the incentive that gets people back to the table next year. for now, i think probably a good thing that congress is out of town for the holidays. we will see what happens when they come back but interesting the white house changed its tone and there was not a sharp word about joe manchin said here today, certainly not by the president. but boy, an uphill path. >> jeff zeleny thank you very much. perspective now from democratic strategist james carville. james, great to see you. build back better, dead or alive? what do you think? >> build back better is dead but build back differently is going to be very alive after the 1st of the year. they are going to get back, have substantial agreement on things. everybody needs a cooling-off period. look, it's 50. a 2nd grade math teacher needs to go to washington and explain the number 50 to people. you know, we -- we didn't do that well in these congressional and senate elections, so we're where we are. i think the president and senator manchin are going to be able to work this out. for right now, just going to put it on hold for a couple weeks but i -- i have no doubt this thing is going to come back. >> what is this thing? i mean, how -- how much will this thing resemble the bill right now? >> i'm not a legislative mechanic. but it will contain many good things, and what people need to do is stop talking about what's not in it when we get it and what's in it. and by the way, we have had a good year, economically. historically good year, economically, in this country. there is a piece in business week by a guy named matthew winkler, a very good journalist. and the biggest thing this president can do is keep this recovery going and fight this virus. and i think if he can do both, then he's -- and i think we can get there. so i -- i am -- i don't think anything is dead right now at all. >> so in a radio interview today, senator manchin indicated his biggest problems in the negotiations weren't with president biden but somehow with some white house staffers. so what is the solution there? >> i think president biden -- let's cut out the middleman. let's you and i sit here and have lunch in the white house. i think that's what's going to happen. and people are tired. they have been working on this for a year. senator manchin is -- i don't think he -- he is enjoying this at all. i see his -- reading that he is enjoying this. i don't -- i don't think that's necessarily the case. and i think a little time-out right here and president's got a big speech tomorrow night. you know, we got this -- this -- we got the terrible tsunami coming at us. but they will get back and they will get this done. two or three weeks and the timeframe is just not that big but it is just hard to do anything with 50 votes. it's just very, very, very difficult. and you have to acknowledge that and it's going to require some people's egos to tone down a little bit and it's going to require the president to land this plane. and i think he can do it. >> you do understand, there are progressives, though, who feel betrayed by this? they feel they were led to believe their votes -- even some moderates -- their votes earlier on, you know, would get them something and manchin would be there? >> well, it's -- i would say i'm disappointed, too. right? it's not like i -- i -- i wanted this thing to -- to -- to get done as bad as anybody else but it's just that the reality that they're in and that's what happens when you don't do well in elections. and what i would say to democrats is just we should do everything we can to not listen to history but try to pick up seats in 2022 and if we keep this economic recovery going, we may be able to do that. but it's just a fact of life. just i don't like the fact that i lost my hair early in my life but it's just facts. i just got over it. got -- you got a full clock. so what? i mean, just got to deal with life where it is and you deal with life with 50 democratic senators in a united republican opposition. it is not easy, people. and -- and we need to quit complaining, and support this president and get this thing done. >> i would lend you some if i could. but i can't. >> i'm happy with what i got to tell you the truth. >> listen. npr/marist has a poll out today that puts president biden's approval rating at 41%. so if you were advising this president, what do you do to start getting that number up? >> well, the first thing i would do is give a good speech tomorrow night and i think he will. this is -- this is quite a concerning time in america. and i think that, you know, he needs to assess the gains that he has had in the first year of his presidency. and say, i know, we have done a lot of things. probably, communications is not the best thing we do so i want to see us get better in that. and i think he can -- again, i think he is going to get a bigger accomplishment here with build back differently. and he's just got to stay focused, and understand that he's governing in a very tough time with a very fragile majority and i think president biden understands that. and democrats around the country have got to give him a little leeway. but if this economy continues to improve, he can do better. it's november of the election and i think we got to keep that in mind. but, yeah, the numbers are universally not that great. i agree with that. >> james carville, trying to make fetch happen with build back differently. i appreciate your time. have a wonderful holiday. >> thank you and you have a good holiday, too. thank you very much. up next, we have more breaking news. details on the republican congressman the january 6th committee wants to speak with. h. my friend recommended safelite autoglass. they came right to me, with expert service where i needed it. ♪ rock music ♪ >> man: that's service i can trust... no matter what i'm hauling. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ ♪ [text alert] ♪ son of a bi— beth? if it's “i thought we said no gifts” season, it's walgreens season. ♪ ♪ ♪ ♪ hey, tam-tam! i was thinking maybe... your mom's car? ♪ ♪ ♪ ♪ merry christmas, dad. hey, angie! you forgot your phone! hey lou! angie forget her phone again? yep. lou! mom said she could save up to $400 on her wireless bill by switching to xfinity internet and mobile. with nationwide 5g at no extra cost. and lou! on the most reliable network, lou! smart kid, bill. oh oh so true. and now, the moon christmas special. gotta go! take the savings challenge at xfinitymobile.com/mysavings or visit an xfinity store to learn how our switch squad makes switching fast and easy this holiday season. more breaking news. the january 6th commit degree has asked for republican congressman scott perry to sit down with an interview with investigators. it's important to note they haven't subpoenaed him. they are hoping he will talk without one. according to a senate panel report from democrats, in addition to being a very vocal supporter of the big lie, congressman perry also introduced the former president to justice department attorney jeffrey clark. according to documents and testimony from former justice department officials, clark and the former president would later come close to ousting the acting attorney general jeffrey rosen and replacing him with clark. that's the background. as for where this goes now, over the weekend, republican congressman adam kinzinger -- a member of the committee -- said they would cast a wide net to get answers -- this is told abc news on this week. >> we're going to pursue doggedly, everything to the ends of the earth and that includes -- and we don't like necessarily having to go here but that includes members of congress that had any involvement. so absolutely, anybody -- nobody, member of congress, former president, nobody in america is above the law. >> joining us now, conservative attorney george conway. george, great to see you. um, in your estimation, do you think the former president has reason to worry about what the january 6th committee has uncovered so far? >> yeah, absolutely. i mean, there are a number ever different ways he could be potentially held criminally liable for what happened on january 6th. he doesn't have to be one of the people who actually went up on capitol hill and did -- you know, committed crimes such as obstructing congress and breaking and entering and engaging in all that kind of physical activity. there is a concept in the law called aiding and abetting that says some -- someone who provides aid or assistance to somebody who commits a principal crime can also be held liable for the same crime and i will give you three examples of how that works. one example would be you are working down the street and you see a bunch of people about to break a window to break into a store to steal stuff. if you just walk across the street and ignore it and don't call 911, you haven't done anything, help them. you are not liable. but if you walk up to them and say, hey, give me that hammer and you smash the glass for them and then walk off. you have aid and abetted them. now, here is the third possibility which is the one most relevant to trump which is if -- if you are the security guard at that store and you see these guys trying to come in and -- and starting to work on breaking into the store, and you decide to take a two-hour coffee break, you, too, could be held liable for aiding and abetting whatever they steal -- whatever stealing or crimes they commit inside the store. and that's the big danger for donald trump. that he -- you know, he was -- he was there. he took -- he took the long five hour coffee break in effect on january 6th and did nothing. and what was going on? he was watching television. he saw everything that was happening on capitol hill. he, you know, mark meadows was coming in trying to tell him he's got to do something, he got to make a statement. his own daughter, ivanka trump, came in to try to tell him to do something. and like the security guard, he had a duty to stop what happened on the hill if he could do it on january 6th by ordering out the national guard, by doing any number of things and because he was sworn to do that as president of the united states by his oath of office. >> and that's the 187 minutes that we heard from the committee last week, they talked about that so much. as was revealed in these text messages and congressman kinzinger also says the committee has more texts they haven't released and he says it's not folks saying things like hey, mark meadows, why don't you make sure all the votes are counted and that whoever has the most votes win? so, look, if it's proven that members of congress were involved in this plot, what then? >> they -- they potentially could fall within -- within the scope of criminal liability if they did something to, um, help or encourage people to break, you know, to come up to capitol hill. if they gave suggestions about how to do that, we don't know. if they did anything of that sort, they are potentially liable. >> how critical do you think scott perry's testimony is? >> it's hard to say. i don't know. i mean, i haven't seen the text messages exactly and, um, you know, he clearly was involved to a great degree because he was not just -- you know, he was involved with this whole effort to get the justice department to intervene on behalf of the trump campaign. that was unsuccessful. you know, it's going to be very interesting to see what are these various links between all these groups and members of congress and the white house and the trump campaign and people who were, you know, all the -- all the bizarre groups like -- like the proud boys. all the -- these connections -- we're just beginning to scratch the surface. we are at the tip of the iceberg right now and the committee clearly knows more than we do right now and it's going to be interesting to see what they dribble out over the next few months. >> so, three retired u.s. army generals wrote this recent column for "the washington post." it was pretty stunning and they warned pentagon leaders to prepare now for another insurrection. they described this nightmare scenario of competing commanders in chief. this is what they write. they say in a contested election with loyalty split, some might follow orders from the rightful commander in chief, while others might follow the trumpian loser. arms might not be secure depending on who was overseeing them. under such a scenario, it's not outlandish to say a milt breakdown could lead to civil war. now, that is pretty hyperbolic but do you think it is a legitimate concern? >> well, it -- i mean, in theory, if you have a real question as to who is in charge, um, you -- you -- you may -- you could possibly lose discipline over people. that didn't happen, thankfully, this year. um, and i hope it would never happen in the future but the fact that what we saw on january 6th were actual -- were people actually breaking in on capitol hill and there is an issue about whether or not the guard -- the national guard or the -- or the military being called out. i mean, we need to prepare for eventualities that we never even considered would be possible in the united states of america. and, i know, this is the kind of thing we see in other countries. we are now in sort of that -- that zone where these things are imaginable. and that is just terrifying. >> these things are imaginable. that, in and of itself, is a pretty stunning statement. george conway, thank you for your time. i look forward to talking to you more about this as we learn more about what the committee has in its hands. >> thank you. moments ago, the jury in the trial of former police officer kim potter concluded without coming to a decision. cnn's adrienne broaddus has the details, next. ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. new vicks convenience pack. dayquil severe for you... and daily vicks super c for me. vicks super c is a daily supplement with vitamin c and b vitamins to help energize and replenish. dayquil severe is a max strength daytime, coughing, power through your day, medicine. new from vicks. more breaking news. the jury in the trial of former police officer kim potter concluded deliberating today without a verdict. a reminder, potter faces manslaughter charges for shooting and killing 20-year-old daunte wright during a traffic stop in april. the jury deliberated for more than five hours, following closing arguments. during the closing arguments, the prosecution said potter's actions are a crime even if it was an accident. the defense hit back saying she had the right to use deadly force. the jury will resume deliberating tomorrow morning. cnn's adrienne broaddus has more details. >> this was a colossal screwup. a blunder of epic proportions. >> reporter: friday is christmas eve and erin aldridge starting the prosecution's closing argument with a reminder. >> the defendant told you her sons will be home for the holidays. daunte wright's parents -- katie and aubrey wright -- will have an empty seat at their table this-holiday season because the defendant shot and killed him. >> reporter: aldridge argued 20-year-old daunte wright died at the hands of a highly-trained 26-year police veteran. she said former-officer kim potter was supposed to practice pulling out her taser every day she was on the job. and she also pointed to potter's own words after the shooting. >> it was precisely the thing she had been warned about for years, and she was trained to prevent it. it was irreversible and it was fatal. >> reporter: according to the prosecution, this shows recklessness or culpable negligence. potter is charged with first and second-degree manslaughter, and has pleaded not guilty. >> now, the defense may refer to this as an unfortunate mistake or a tragic accident. or that, because the defendant didn't know or didn't realize that she had a gun in her hand, that this is somehow an accident and not a crime. that is simply not the case. it's -- it's just plain wrong. >> taser, taser, taser! >> reporter: but that is precisely what the defense argued during their closing statement. >> everybody makes mistakes. nobody's perfect, ladies and gentlemen, and this lady here made a mistake. and, my gosh, a mistake is not a crime. how could you recklessly handle it if you don't know you have it? >> reporter: defense attorney earl gray argued under the law, potter had a right to use deadly force during the incident since daunte wright tried to flee the scene. >> tragically, she didn't know she had a gun, either. and then, he said you shot me. and being alone, what does he do? does he stand there and say, hey, help me out? he takes off then and you see the video. he goes like a jet. >> reporter: potter testified in her own defense friday. >> we are struggling. we were trying to keep him from driving away. it just -- it just went chaotic. and then, i remember yelling "taser, taser, taser." >> did they prove, beyond a reasonable doubt, that she caused this death? no. daunte wright caused his own death unfortunately. >> reporter: in their rebuke, the prosecution called the defense's argument stunning and said there is no evidence deadly force was necessary including potter's own belief she was pulling her taser, instead of her gun. >> her conduct created a risk that she would use the wrong weapon. her conduct in going to her gun holster, drawing her gun, and pulling it and pointing the trigger. >> and adrienne broaddus joins us now. adrienne, what kind of evidence does the jury have while they are deliberating and what have we heard from them in terms of questions? >> reporter: well, john, members of the jury will be able to hold the gun potter used the day she shot and killed daunte wright. they will also be able to see and feel the taser she intended to grab. it's an opportunity for them to compare and contrast the two weapons. they also have access to a laptop. it has the body-camera video downloaded on the laptop but internet access has been disabled. about three hours into deliberations, members of the jury wanted to know the date potter met with dr. miller. you may recall, miller was the psychologist -- the witness the defense called on who talked about action error. during that interview, which was conducted via zoom, potter told dr. miller she didn't make mistakes. john? >> interesting. adrienne broaddus, thanks so much for being there for us. please, keep us posted. coming up. the former president does what he likes to do, sue other people. while he is filed suit against the attorney general of new york, next. it's another day. and anything could happen. it could be the day you welcome 1,200 guests and all their 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. 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? yep. i'm the all-in-one management software built for small business. high thryv! help me with scheduling? sure thing. up top. high thryv! payments? high thryv! promotions? high thryv! email marketing? almost there, hold on. wait for it. high thryv! manage my customer list? can do. will do. high thryv! post on social media? hash-tag high thryv my friend! get a free demo at thryv.com. 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 former president is suing new york attorney general letitia james. he is asking a federal court to stop or limit her investigation into the trump organization. letitia james is accused of misconduct saying she's abusing her political powers to advance her career. this legal action comes as no surprise. after all, he has a long history of suing people. for a look at that, here's 360's randi kaye. >> does anybody else know about litigation and president trump. i have a phd in litigation, okay? >> reporter: president trump has a lot of practice, too. he has sued businesses over 200 times. he's been at it a while, as far back as 1973 when trump and his father were accused by the justice department of violating the fair housing act for not renting to african-americans. >> some of the applications were marked with a c which we learned that it meant colored. >> reporter: trump was just 27. but quickly learned to deploy lawsuits as a weapon. so trump countersued the federal government for $100 million. in the end, trump's suit went nowhere and he settled out of court in the case against him without admitting guilt. there are practically too many lawsuits to count. he also initiated a $100 million lawsuit against palm beach county for allegedly directing air traffic over his mar-a-lago estate. trump even once sued tv host bill maher for $5 million after maher suggested trump's mother may have mated with an orangutan. the color of his hair and the color of an orange orangutan or the only two things of this color. >> reporter: maher agreed to provide to charity if he dropped the lawsuit. he once sued timothy bryan for report ing in his 2010 book tha trump was worth millions and not billions. trump's lawsuit was later dismissed. long before his presidency, trump sued the town of palm beach, florida for $25 million over a flagpole at mar-a-lago officials claimed was too tall. the two parties later settled. donald trump also once filed suit against the government of scotland for allowing a wind farm to be built next to his golf course. the supreme court of the united kingdom ruled against him and trump seemed to still hold a grudge years later. >> if you have any windmill anywhere near your house, congratulations. your house just went down 75% in value. and they say the noise causes cancer. you tell me that one, okay? >> reporter: donald trump's strategy has also consisted of suing women who accused him of sexual assault. she said he raped her which he denies. she cou-- he countersued after filed a defamation suit against him. he sued his cousin, mary trump, talking about his finances. the suit is ongoing. randi kaye, cnn, palm beach, florida. >> randi kaye, thank you very much. we'll be right back. at at&t we think it's only fair that all customers get our best deals, and you get a choice of plans. she said everyone? it's not complicated. only at&t gives both new & existing customers our same best deals, like up to $1,000 off our most popular smartphones. ♪ ♪ ♪ thousands of women with metastatic breast cancer are living in the moment and taking ibrance. ibrance with an aromatase inhibitor is for postmenopausal women or for men with hr+, her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole significantly delayed disease progression versus letrozole. ibrance may cause low white blood cell counts that may lead to serious infections. ibrance may cause severe inflammation of the lungs. both of these can lead to death. tell your doctor if you have new or worsening chest pain, cough, or trouble breathing. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are or plan to become pregnant, or are breastfeeding. for more information about side effects talk to your doctor. ♪ be in your moment. ask your doctor about ibrance. ♪ [text alert] ♪ son of a bi— beth? 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