mattingly. the president planned to speak before omicron was revealed to me, the dominant variant here in the united states about 24 hours ago. >> reporter: yeah, wolf, even though the president acknowledged he was surprised by how rapidly it became the dominant variant, white house officials have known for several days, the if not weeks, they had to enhance their response, that's what the president laid out in detail, whether it's boosters, ramping up on the hospital side of things, that the administration is ready to do more and this is a very different moment for the cou country. tonight president biden seeking to ensure an exhaustive nation as it braces for what may be the largest covid wave yet. >> this is not march of 2020. 200 million people are fully vaccinated. we're prepared. we know more. >> reporter: but the remarks marked a complex effort to straddle the line between a dire message to the unvaccinated. >> if you are unvaccinated, are you at a highly risk of getting severely ill from covid-19, getting hospitalized and dying. >> reporter: and results for those with the vaccine and booster. >> you have a high degree of protection against the illness. >> reporter: as the omicron variant makes up a stunning 73% of u.s. cases, biden urging americans to get vaccinated and boosted in making a point of thanking former president donald trump for doing just that. >> one of the few things he and i agree on. >> reporter: also lamb basting those that push vaccine conspiracy theories. >> these companies are meddling lies that can kill their own commerce and supporters. >> reporter: as the white house rapidly prepares for the possibility of overwhelmed healthcare workers, mobilizing 1,000 troops to covid burdened hospitals with emergency response teams on the way to six states. all as the administration shifts to address the growing spike in testing made, launching federal testing sites in hard-hit states in purchasing 500 million rammed tests to be maimed at no costs to those who request them starting in january. >> beginning these tests -- we are giving these tests to americans for free. we have websites where you can get them in your home. >> reporter: an abrupt shift, an administration two weeks ago said this. >> l. >> reporter: why not make them free? >> should we send unto every american? >> maybe. then what happens if every american has one test? >> how much does that cost and what happens after that? >> reporter: the president rejecting criticism that the administration was unprepared. >>. >> reporter: is it a failure you don't have an adequate amount of tests for everyone to get one? >> no, it's not. because trouble is spreading to rapidly, i don't think anybody anticipated that this was going to be as rapidly spreading as it did. >> reporter: even as americans faced long lines for testing throughout parts of the country. biden urging those vaccinated and boosted to main tape their holiday plans. >> you know, you have done the right thing. enjoy the holiday season. >> reporter: americans listening, with the tsa reporting nearly 2 million daily travelers for a fifth consecutive day, underscoring the challenge at happened for a white house attempting to assuage the most serious concerned for vaccinated and boosted, delivering dark warnings to then thes of millions who have chosen not to get the shot. >> reporter: hospitals are full of people who made that mistake. so are graveyards full of people that have made that mistake. >> reporter: the president and white house officials have been clear for weeks, there will be no shutdown us, no lockdowns, the president is paying special attention to the issues of schools in his remarks tonight, a nod to the fact that among the most exhausted are parents at this time. the president making clear, they have the conditions, they have the response to keep the schools opened. in fact, the president said, we must keep k through 12 opened. >> thank you very much. let's discuss all this and more with the united states surgeon general dr. vivian murri. dr. murphy, thank you for joining us. as you know, the president says testing isn't a failure, his words. how can he say that when so many americans right now simply can't get their hands on a rapid test, they're standing in long lines outside. we see it in new york city and elsewhere, j you to get tested? >> wolf, certainly, we need to do more on testing. there have been a series of investments over the last year, actually to enhance testing availability. when we started the year, they actually had zero rapid tests that were approved for moment e home use. we have eight now, into the summer, in fact, the president made an investment of $3 billion and has been using the defense production act to ramp up production. that's quadrupled the supply in december s. what's happened, we seen with the tremendous spread of omicron, a big surge and demand in testing. just after thanksgiving, the president announced 50 million tests will be distribute and sent to people on top of pharmacies. he announced in addition to the 500 million tests sent to people in january, starting right now, he would be setting up testing centers, federal mask testing sites where people can come and get a free test. >> the president's 500 million rapid tests, though, as you correctly point out, won't be available until next month. then it will take more time to get them mailed and put them in the hands of americans. what are people supposed to do, dr. murphy, in the meantime? these people need these rapid tests. they need them now. >> yes, washington. and i certainly feel for people who are not able to find tests the as easily as they want to. i know how important this s. i know how much everyone wants to keep themselves and their families safe. so i do want people to know, though, the 50 million tests that the president spoke about a few weeks ago are actually on their way out. at community centers, healthcare centres, to food banks, so that people can come and get them free. we are setting up federal testing sites, we're not waiting until january, so people can come and get tested free, the way they were able to do, in fact, earlier in the pandemic. dr. fauci says officials are also considering shortening the quarantine period for people infected with covid. if someone gets covid and tests negative again before that full ten-day quarantine, can they cut short that quarantine? what do you think? >> well, that's exactly the question we are looking at, wochlg, what we want to make sure about is it will be safe to reduce either the quarantine or the isolation period or both. keep in mind the quarantine period is what you go through after you have been exposed to somebody who had covid, the isolation period is what you go through if you have covid. both involve limiting your contact with other people. what we need to make sure about is we have enough confidence you wouldn't put other people at risk if we shortened that quarantine or isolation period. that's the work, analysis taking place right now, if it's safe to shorten that, we will. that will be another step towards helping to protect our workplaces, especially our work force. >> under can. as you know, israel announced it is recommending a fourth dose for people over 60-years-old and for medical workers. you think that eventually will be necessary here in the united states as well? >> let's say it's an important question, wolf. we don't know yet, because we have to look at our data to see whether or not people's protection continues to hold in the months ahead. right now we feel confident if you have a booster that you have a high level of protection against overall infection, particularly against hospitalization and death, the most severe outcomes of covid. that is true of omicron as well. it's an important point i want to make to people. there was a question a few weeks ago, whether vaccines would work. we realize even though omicron have protection. they can get boosted. we restore a lot of that infection. it is more urgent than ever to get vaccinated. if you are vaccinated, please get boosted. we will follow the data whether or not over time additional doses are required. it's certainly not a full gone conclusion at this point. >> the israelis were ahead of the curve on the third vaccine. we'll see if they're ahead of the fourth vaccine in the u.s. as well. as you also know, dr. murphy, president biden is reassureing americans that they can go ahead and celebrate the holidays if they are vaccinated. so, what if family members are unvaccinated? what should they do? >> well, washington, we certainly want everyone to enjoy the holidays the best they k. i tell you, i will be getting together with family over the holidays. we have taken certain precautions. we made sure everyone is vaccinated and boosted. we will be testing family members and make sure we gather in places well vent late. so there are steps to make our family gatherings safer. if you are gathering with people not vaccinated, it's a higher circumstance, there is a much likelihood that person may spread it to others. one last question, it has come up before, is that if you were previously infected with covid-19 but you were not vaccinated, you should not assume you have protection against omicron. that's not enough to be able to come to a family gathering and say this is as good as being vaccinated. because we have not seen in south african and other countries prior infection is not as good as protecting you against getting infected. so please get vaccinated, get boosted. you should make sure you are wearing that mask in indoor spaces, make sure you are taking other precautions, like including ventilation and space where you are gathering. >> that's such an important advice, indeed. thank you for joining us. appreciate it very much. >> thank you so much, washington, good to be with you. >> thank you. just ahead, covid collides with sports, i'll ask nba player how he thinks teams should tackle the crisis from the inside. stay with us. you are in "the situation room." for insights on when to buy and sell. and proactive alerts on market events. that's decision tech. only from fidelity. (kate) this holiday, verizon has the deal that gets better and better and better. get iphone 13 pro, on us, when you trade in your old or damaged phone. (kate) better? (guy) better. (kate) hey. (kate) and up to $1,000 when you switch. (carolers) ♪better♪ (kate) because everyone deserves better. ♪ ♪ hey tristan! ♪ ♪ hey lexus... play holiday music! ♪ ♪ we've been waiting all year to come together... have a happy and safe holiday season from lexus. ♪ christmas music ♪ ♪ ♪ if your dry eye symptoms keep coming back, what?! no! over the counter eye drops typically work by lubricating the eyes and may provide temporary relief. xiidra works differently, targeting inflammation that can cause dry eye disease. it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you are allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra wait 15 minutes before reinserting contacts. ♪ this holiday, ask your doctor about xiidra. umph! ♪ fresh flavors... classic dishes... ♪ and a new seat at the table. ♪ . there's more breaking news we are following tonight. the former trump national security adviser michael flynn suing the house january 6th select committee and the speaker nancy pelosi to try to block a subpoena for his phone records. our justice correspondent jessica schneider is working the story for us. what are you finding out? >> wolf this lawsuit just filed, it's actually the 8th court filing that is challenging the power of the january 6th committee. we have already seen legal challenges in recent weeks from people who worked at the white house, like former chief of staff mark meadows. we saw one from the organizers of the stop steal rally. this lawsuit suing to block the subpoena for his phone records, just filed, unclear how this will play out in court. but this news is coming as members of the committee are acknowledging that their probe could ultimately produce evidence of possible criminal activity by the former president, by his allies. and if it does, they say they would likely make referrals to the justice department for possible prosecution, but that said, sources are cautioning our folks on the hymn, zach cohen and andy greyer, it is still a long way off and they are in the fact finding stage. of course, we saw the vice chair of the committee liz cheney reference a criminal statute when she referred to trump's behavior, referenced dereliction of duty, obstruction of congress and several other members came on air saying criminal referrals are not off the table. but that doesn't mean the doj would necessarily move forward with an indictment or prosecution if there was this referral, wolf. it can really pit the political considerations from the committee against the prosecutorial duties of the doj. so far we've seen this doj led by merrick garland not wanting to wade into politics. >> joining us, cnn's chief an lest jeffrey toobin, the author of the book "true crimes and misdemeanors, the investigation of donald trump." also with us elliot williams. jeffrey, michael flynn is now joining the club of trump allies suing the select committee. how much do these legal battles trip up the overall investigation? >> well, i think their major advantage is the possibility of delay. because delay is the ally of all the people who are under investigation. because they all know that this investigation cannot go on too much longer because this committee has to wrap it up pretty much by the beginning, by the middle of next year. you know, as for the substance, i don't think there they are very, he's very like will i to stop, you know, getting telephone records is a routine matter for congress when it comes to issuing suspense. so i don't think there is really any grounds for him to succeed in this lawsuit, but he might persuade a judge to hold hearings and delay, forcing him to produce and then have appeals that will last even longer. >> you know, elliot, as you heard, the committee is laying a criminal referral for the former president trump based on what you've seen so far. you'd think they have the evidence for a referral of this nature. >> now again, all of the referral is, people should know how referrals work. it's just a recommendation to the justice department that they should take a look at the case. it doesn't, itself, carry any criminal consequence, it's just like you or i could write a letter to the justice department saying we believe that a crime has been committed. right now it doesn't look like they have specific evidence of a crime where the president intended to violate the law. again the president is certainly involved in a lot of wrong-doing. just reaching that standard, it's the probable cause standard and all probable cause that an individual has engaged in a crime. i don't think they're there yet. but again, it's merely a recommendation to the justice department so they may at some point decide that they think enough smells fishy, it's worth reaching out to the justice department, they k. look, it's not just president trump. we are all fixating on a lot of individual. there are a lot of people at potential criminal exposure and they can be subject of referrals. >> do you think a criminal referral would be an effective strategy here for accountability? because we know the attorney general mer ris garland has been reluctant at least so far to pursue what are seen as politically-charged cases? >> you know, to be honest, i don't think the referral will make much difference one way or another. this is going to be a decision made by the department of justice. you know we have already seen when you have the full house of representatives representeding prosecution of steve bannon, the justice department took quite a bit of time to evaluate it on its own even though that was a fairly straight forward case. anything that comes up here is going to be a department of justice decision. however, it is worth noting within the past couple weeks, two federal judges in washington have said that the effort to interfere with the electoral college is potentially a criminal obstruction of justice and that could expand the circle of criminality beyond the people inside the capitol. the people who organized and support i'd it. but that's going to be a decision for the justice department to make. they are not, i don't think, going to pay a lot of attention to what congress does or does not recommend. >> guys, thank you very much. coming up, the covid surge in disrupting sports across the country. i'll get an inside perspective from an nba player who is calling on the league to pause. to pause the season. stay with us. you are in the "situation room." ho ho ho! not again. oh no. for the gifts you won't forget. the mercedes-benz winter event. get a credit toward your first month's payment on select models. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. we're following breaking news on measures just announced by president biden aimed at easing the surge of the newly dominant omicron variant. a rapid rise in covid cases here in the united states is causing major disruptions in professional and college sports. our brian todd is working the story for us. brian, more and more games are now being cancelled as so many athletes are simply testing positive. >> many athletes are testing positive. many more are going into the league's precautions and missing gapgs as a result. tonight they are headed into crucial portions of their seasons trying to keep games alive. >> it's the raiders and the browns. >> reporter: tonight the world's most popular sports leagues are flailing, struggling to figure out when they can hold contests and the their schedules can survive the winter and the omicron outbreak. >> it is moving fast in the world and moving fast in sports. while there is a bit of a playbook now for how the leagues have dealt with it, different than in march 2020, omicron is proving to move through these locker rooms and these teams at a much higher rate of speed. >> reporter: the national hockey leak paused its entire schedule for a few days until after christmas after proven outbreaks affected several teens. after christmas, one nhl reporter says, it's nobody's guess. >> there is no guarantee they will play or resume their full schedule next week. what they're doing is calling a brief timeout. giving the players, the time and staff the time they normally get. we'll see where we are on boxing day. >> reporter: the nhl started to play some games in canada, with no fans in the stands, like the canadians did last week. at least three nfl games over the past week had to be post-pond after dozens of players tested positive. many players had to be placed on covid protocols's a precaution. the nfl adopted a controversial new testing policy. previously, the league required weekly testing. now the nfl is only testing unvaccinated players, coaches and staff if they showed symptoms of covid. >> i think today with omicron, i would test everybody on a regular basis. if i had the capabilities, i would test everybody literally three times a week. >> reporter: sports analysts say the nfl is determined for the show to go on and keep as many players as it can for available games. one problem with that they say, could be the mentality of the average player. >> football players are known for toughing things out. they tough through sprained ankles or pulled muscles, are they voluntarily going to come forward to team doctors and say, look, i'm vacc'ed, i'm boosted, i'm feeling some symptoms, i don't think that is the case. >> the nba postponed some games. >> no plans to pause the season. we have, of coursing looked at all the options, but, frankly, we're having trouble coming up with what the logic would be behind pausing right now. >> reporter: but one medical expert says it could reach a point where omicron may not give these leagues much of a choice. >> we need to limit transmission as much as possible. i think it may be necessary to do what you talk about, holding, canceling event, such as sports events and other things like that. >> this just in, "the washington post" and the "new york times" reporting the national hockey league decided its players will not participate in the 2022 winter games in beijing. the times and "post" reporting the decision is expected to be announced in the coming days, possibly as early as tomorrow. that takes away a lot of star power from the olympics. >> the winter olympic games in beijing. they start in early february. we'll see what happens, brian, thank you very much. let's get some more on all of this, the nba player is joining us right now plays for the boston celtics. as you just heard, the nba commissioner adam silver says there are no plans right now to pause the season and that he's having trouble coming up with any logic that would back such a decision. how do you respond? >> first of all, thanks for having me. i mean, if you look at the numbers, over 120 players answered covid protocols this season. over 100 only this month. and this increase is very, very scary and we shall consider all options to reduce this. and i really hope the nba makes the right decision and, but i just want to say that you know, obviously, you know, it is a lot of money involved, but it is not more important than player's safety. so i hope that adam silver a and the rest of the league and players association makes the right decision for players and their families. >> you have actually called for this pause in the nba season. what are you hearing from fellow players? do they agree with you? >> i mean, obviously, they're scared. because they are -- they have you know kids at home. they have parents at home. that i have so many people at home. they want to keep them safe and they, all of them believe that obviously it comes first. obviously, that's the nba's decision. if you look at the numbers, 90% of the new kids in the nba have omicron virus. so i feel we should do anything we can to just, you know, help the people around us, because, you know, it's important. >> as you well know, at the start of the pandemic the nba bubble really set the goal standard in terms of player safety. so what happened? have the priorities changed? >> i mean, i hope actually many players around the league, we were talking about another bubble. many players were saying it was meant to be -- mentally very challenging. i don't think that we want to do another bubble. obviously, i believe that omicron virus is going to spread even more and not just the nba will have another choice. but they're waiting to see what's going to happen after christmas. and, obviously, christmas day is big for nba. they make a lot of money that day. like i said today, is that more poin important that money. >> as a professional athlete, i'm actually to get your reaction to do more testing against a more and clearly more contagious variant. what's your reaction? >> i don't agree with this decision at all. i believe we should test every athlete, if you are vaccinated or not. you still can carry the virus and pass it to others, you know, and better to be you know safe than so sorry. so i believe if you look at nba, we are going to test it twice a day. you know, be every the practice in the morning and after the game at night. so it is important to test everyone because we have so many people at home and you know they're innocent and we need to keep them safe to people around us. >> what's your message to some of these high profile athletes, kyrie irving, aaron rodgers, for example, who still haven't gotten vaccinated? >> i mean, obviously in america we have freedom to whatever you want. i think in this case, you definitely need to think about others. you know, because especially you are a role modem. you know, there are so many kids out there idolizing you, watching your steps. obviously, you have a freedom to weigh whatever you want. i feel we should consider saving other people's lives. so this is what i believe. i understand you have a freedom to do whatever you want. i feel vaccines save lives. that's it. >> almost all of the nba players. 97% or so are vaccinated, maybe 60% are boosted at the same time, are you comfortable being on the court with players who are not vaccinated or for that matter not boosted? >> that's the question we are talking about in the locker room. are we really feeling comfortable to go against a guy we know who is not vaccinated? you know. so that's the nba going to think about. well, i think all you have to do is just you know think about how it is very important to, you know, go out there and say, listen, i'm not just doing this for myself. i'm doing this for the people around me, my teammates, people in the locker rooms, fans, everybody. people in my house. so i feel like whoever is not vaccinated, it's not too late. go out there and save ought people's lives. >> get vaccinated, get boosted. >> thank you so much for joining us. good luck to you. >> thank you very much. i appreciate it. democrats are clearly struggling to strategyize a path forward after president biden's agenda took a hit. we'll ask him about the party in the months leading up to the mid-terms. liz, you nerd, cough if you're in here! shh! i took mucinex dm for my phlegmy cough. what about rob's dry cough? works on that too, and lasts 12 hours. 12 hours?! who studies that long? mucinex dm relieves wet and dry coughs. ♪“i got you babe” by etta james♪ ♪ get groceries, gifts, & more fast and easy. so last minute guests are the only thing you'll be waiting on. ♪ joy. fully. ♪ and that's just basic wavy guy maintenance, right? next up, carvana. oh, boy. carvana just doesn't seem to understand how the test drive works. they give their customers seven days. and if they don't like it, they give 'em their money back. wait, they take the car back? that's crazy! what if it was driven by like a zookeeper? or a mud wrestler? or a guy who's on the outs with the missus and he just needs a place to sleep for seven days? yeah. (vo) buy your car online. love it or return it. with carvana. tonight president biden is still holding out hope he can get his spending plan through the senate despite fellow democrat joe manchin's bombshell rejection of the bill. jessica diane, seven democrats are getting ready to meet in what an hour or so from now to discuss the path forward. what do you hear? >> reporter: that's right. we expect them to meet this evening. at this moment it is unclear whether senator joe manchin will be joining this special call as chuck schumer and other leadership talked about how to move forward on build back better. this, of course, is all coming as we look at the landscape of where democrats are right now, scrambling to try to find a way forward for this major piece of president biden's agenda, how democrats forced to take a vote on this, now they are kind of at risk of not having anything to show for it. that's certainly concerning to them. there is questions about could they perhaps parcel out various parts of this bill, perhaps the child tax credit or pre k, something like that, move forward that way. it still remains very unknown how this will proceed forward. here's president biden earlier today. >> leave them to hold a grudge. i want to get things done. i still think there is a possibility to roll back better jobs. >> did senator manchin make his commitment to you? >> senator manchin and i will get things done. >> president biden remaining optimistic. we know schumer has a plan to bring this to a floor vote. he wants senator manchin to have to vote no on the floor and in public. thepathy forward remains quite unclear. >> thank you, jessica dean reporting. let's discuss with the chairman of the house, congressman akeem jeffreys. thank you so much for joining us. as you heard, president biden said he and senator manchin can get something done. if that's actually the case, things wouldn't be where they are right now, would they? >> well, president biden is a very successful legislative leader today. he began his tenure getting the american rescue plan over the finish line. that was incredibly important. it he wanted to save our economy, stand up our public health infrastructure, which will continue to need to deal with the covid-19 pandemic. then he led the effort to pass the bipartisan infrastructure agreement bringing democrats and republicans together. we're going to create millions of good paying jobs, fix our crumbling, bridges, airports, our mass transit system. now we got to get the build back better act over the finish line. given that track record of success in less than a year, my confidence is still with president biden. >> as you know, senator manchin made this $1.8 trillion counteroffer to the white house last week. his proposal did not include the child tax credit. it did include universal pre-k, climate provisions, hundreds of billions of dollars to deal with climate. why not accept that offer and then pass the child tax credit through some other means? in other words, take what you can get right now, it's so important? >> ultimately, we are going to have to find common ground with all 50 senators and senator manchin's counterproposal, does include some important aspects of the build back better act as you mentioned, strengthening the affordable care act, expanding child care so that it becomes affordable for every day americans all across the country making sure we have universal access to pre-k for 3 and 4-year-olds all throughout america. these are all incredibly important things, including dealing with some of the climate provisions, but the child tax credit has been so important for working families, middle class families and low income families and in providing them with some additional money in their pocket each and every month so they can pay for groceries, food, housing, child care, medicine, and other expenses that every day american families experience, so i think we've got to find a way to come together on the child tax credit as a part of the build back better act. >> yesterday, i interviewed, you are in the six room, democratic congresswoman pramila jayapal, the chair of the progressive caucus. she told me last night democrats can't trust senator manchin's word. first of all, do you agree with her on that? the other proposal, tell me what you think about this, accept his $1.8 billion plan. she says do the rested, do whatever you can with executive orders? why not do the child tax credit through executive order and get the $1.8 trillion manchin proposal into law? >> it's not clear to me that the child tax credit extension can be done by executive order. but it is something that i would encourage the administration to explore if i don't manjoe manch refuses to extending it. i can't imagine why he would do that given it benefits so many of his constituents in west virginia. i believe whether one trusts joe manchin or not. i trust joe biden, no president perhaps lyndon johnson knowsle the senate as well as joe biden does given his experience there and his effectiveness in dealing with the senate, even as vice president. and the issues that the build back better act will address are so critical creating millions of good paying jobs, cuting tackles for working and middle class families. lowering child care costs, healthcare costs, energy costs, housing costs on behalf of every day americans that we've got to find a way to get the 50 votes necessary in the senate and we cannot give up. >> i know you are not going to give up, congressman akeem jeffreys, merry christmas, happy new year. we will continues this conversation down the road. >> happy holidays, wolf. coming up, russia's president vladimir putin is blaming the united states for escalating tensions between russia and ukraine. ahead, how the u.s. is responding amid fears of a russia invasion of ukraine. ♪ ♪ grandma, how wide are two reindeer? twenty-seven, twenty-eight, twenty-nine... ♪ ♪ we've been waiting all year to come together... it worked! have a happy and safe holiday season from lexus. ♪ fresh flavors... classic dishes... ♪ and a new seat at the table. ♪ ♪ ♪ you are my fire ♪ ♪ the one desire ♪ ♪ you are, you are, ♪ ♪ don't wanna hear you say... ♪ ♪ ♪ i want it that way ♪ tonight, russian president vladimir putin is blaming the united states and the west for growing tensions over russia's aggression toward ukraine. melissa bell is in moscow for us. oren liebermann is over at the pentagon covering the story. melissa, let me start with you. how much pressure is putin actually putlting on the west right now? >> well, beyond those troops, those tens of thousands of troops now amassed along the ukrainian border, there is the rhetoric, the demands that have been ramped up the last few days. he was speaking in televised meeting of the defense at ministry and very clearly explained that whilst he was looking for dialogue and wanted to avoid bloodshed. >> russia -- military technical action, should what he regards as provocations from the west continue. have a listen to the tone he struck today. >> translator: why? why did nato have to expand? why withdrawal from the abm treaties? what is happening now, the tension that is building up in europe, is their fault. >> the abm treaty, anti-ballistic missile treaties, signed back in the 1970s, wolf, left by the united states in 200 2 and that goes to the genuine fears about what an east ward expansion could mean. the placing of missiles that would be, for instance, on ukrainian soil just a few minutes from moscow, some that would clearly be unacceptable to russia. very close looking at what an eastward expansion of nato would mean, fears what would happen on ukrainian soil. some hope, however, despite all that fiery rhetoric we have heard, that there could be some hope of dialogue. dialogue conversation that could start as soon as january. >> we shall see. oren, how is the u.s. in the meantime responding to putin's latest demands? >> the biden administration has made it clear that russia can't make demands or compel or determine the foreign policy of another country, bl that be ukraine or somebody else. it's not up to russia, it's not up to putin whether ukraine joins anyway toe. that is up to ukraine as a sovereign county of its own, and russia can't make those decisions for another country. that's been clear from president joe biden, as well as secretary of state antony blinken who said the idea one country can force or dom compel or create a sphere of influence and force it should be relegated to the quote dust bins of history. so the u.s. dismiss ougt of hand these russian demands they have put forward and said, look, this here needs to happen. but that doesn't mean the u.s. is simply dismissing dialogue as melissa just pointed out, there is an opportunity here for a back and forth and a discussion perhaps as early as january that might create an off ramp to avoid an escalation of hostilities on what is a very tense russia-ukraine board. >> extremely tense right now. oren liebermann, melissa bell, thank to both of you. we have more news just ahead, including jurors deliberating in the trial of former police officer kim potter. they asked the court what to do if they can't reach a consensus. damaged phone. r (kate) better? (guy) better. (kate) hey. (kate) and up to $1,000 when you switch. (carolers) ♪better♪ (kate) because everyone deserves better. [ chantell ] when my teeth started to deteriorate, i stopped hanging out socially. it was a easy decision -- clearchoice. [ awada ] the health of our teeth plays a significant role in our overall health. chantell was suffering, and we had to put an end to that. the absolute best way to do that was through dental implants. [ chantell ] clearchoice dental implants changed everything. my digestive health is much better now. i feel more energetic. the person that i've always been has shown up to the party again. ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. introducing the biggest advancement in the history of small business bookkeeping. having someone else do your books for you. i'm linda, your quickbooks live bookkeeper. let's do this linda! sounds good! a live expert bookkeeper who understands your business. felipe, i've categorized last month's hair gel expenses. steve, i just closed your books. great, how are we looking? profits are up! on to next month. on to next month, linda! get your books done for you by trusted experts. intuit quickbooks live bookkeeping. ♪“i got you babe” by etta james♪ ♪ get groceries, gifts, & more fast and easy. so last minute guests are the only thing you'll be waiting on. ♪ joy. fully. ♪ if you smell gas, you're too close. leave the structure, call 911, keep people away, and call pg&e right after so we can both respond out and keep the public safe. earn about covid-19,ht after so we can both respond out the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. one of the most important things you can do is to make sure you call 811 before you dig. calling 811 to get your lines marked: it's free, it's easy, we come out and mark your lines, we provide you the information so you will dig safely. there is more breaking news ton. the jury deliberating the fate of former police officer kimberly potter sending two new questions to the judge on its second day of deliberations. cnn's omar jimenez is covering the case for us. so, omar, what is the jury asking? >> reporter: well, wolf, it seems right now that the jury may be struggling to come to a consensus. at least we got that indication from one of the two questions they recently asked the judge today. the first one said simply if we can't reach a consensus, what is the guidance on how long we should go and what steps should be taken? and the judge referred them back to juror instructions, which part of it said that they should try to deliberate toward an agreement, but without violating anyone's individual judgments and that no one should surrender an honest opinion just to get to a verdict. now, unless a verdict comes in the next few minutes or so, they are close to ending for the day as the judge has indicated she would let them go until 7:00 eastern time every day. i should note they have been going about 14 hours in total now, which is four hours more than it took a jury to convict derek chauvin back in april of this year. the second question they had to ask had to do simply with removing the zip ties on kim potter's gun so that they could hold it outside of the evidence box and that's likely so they can feel the difference between the taser that kim potter claimed she wanted to use when she shot and killed daunte wright and her actual weapon. though prosecutors have noted that, because the gun has been rendered safe and is not loaded, the weight is not what it would have been back in april of this year, wolf. >> yeah, it's interesting. one question the jury cannot reach consensus, what is the guidance around how long and what steps we should take raises the possibility we don't know of a possibility of a hung jury. we will see what happens, they are continuing to deliberate. the judge basically said keep going at it and see what you can do. all right. omar, thanks very much for your reporting. to our viewers, thanks very much for watching. i'm wolf blitzer in the situation room. you can always follow me on twitter and instagram @wolf blitzer. you can always tweet the show at cnn sit room. that that's it. "erin burnett outfront" starts right now. out front next. don't panic. president biden laying out his action plan to slow the covid surge. sending resources to states in need of help, and defending his plan for testing amid long lines. plus, the race to save biden's agenda. the president promising, tonight, to get something done with joe biden -- joe manchin -- on his spending bill. but will the senator even join a key call with fellow democrats on the topic tonight? and a story you will see only on out outfront, school