110 years. the district attorney says that's too much time behind bars, but what do the survivors think? let's go out front. good evening. so good you are with me. i'm poppy harlow in for erin burnett. out front tonight, breaking news. the cdc shortening its recommended kwarn teenage time for all americans who test foifbz for covid now saying people should isolate for five days instead of ten, as long as they don't have symptoms and also wear a mask around others for an digzle five days. that is also the quarantine guidance for those exposed to the virus who are not boosted. saying boosted individuals do not need to quarantine but should wear a mask for ten days after exposure and get tested on the fifg day. this comes just hours after president biden told the nation's governors on a conference call today, quote, we have to do better. wh when it comes to testing. >> do you know how tough it was for some folks to get a test this weekend, shows that we have more work to do. it's not enough. it is clearly not enough if we had known, we would have gone harder quicker if we could have. we have to do more. we have to do better. and we will. >> well, biden's remarks come as americans across the country still find themselves waiting in line for hours just to get a covid test. or frantically searching for at-home rapid tests that are increasingly hard to find. biden's comments also coming just days after he denied to abc news that the lines in the test shortages were a failure of his administration. >> no, i don't think it's a failure. i think it's -- you could argue that we should have known a year ago, six months ago, two months ago, a month ago. >> but to be clear, candidate, president-elect, and then are president joe biden has been lamenting the testing shortage for more than a year. >> every school, every worker, every american should have easy access to regular, reliable, free testing. after ten months of the pandemic, we still don't have enough testing. we are going to put the full force of the federal government behind expanding testing by launching a covid-19 pandemic testing board. we continue to work on making at-home testing available. from the start, america's failed to do enough with covid-19 testing. >> as for those who are getting tested here in the united states, what we are now seeing is an average of more than 200,000 new covid cases a day. the highest since january of this year. states including florida, maryland, and right here in new york, are reporting record-high numbers of new cases every day. and other troubling signs in new york city, pediatric hospitalizations for covid have increased fivefold over a three-week period. illinois's governor announcing surge staffing will be implemented for vaccination clinics in that state. and in maryland, at least two hospitals issuing disaster declarations as cases soar there. the white house also preparing to send 1,000 military health personnel to overburdened hospitals across the nation. let's begin tonight with alexandra field. she is out front in new york and let's start also with jeremy diamond who is out front with president biden in delaware. jeremy, what led to this big change? i mean, cutting in half the quarantine guidance from the cdc? >> yeah, it is a big decision. it will certainly be a controversial one, as well. with some medical experts split over this decision. but the cdc says that it's citing new evidence that the month of the transmission occurs within the early part of the illness, meaning one to two days before symptoms occur, and two to three days after the onset of symptoms. that is why they are saying five days as long as you are asymptomatic. but one thing is also clear. we ever seen the impact that this surge of cases, this huge number of cases has hadd on the economy. just look at airlines for example. and we heard dr. fauci acknowledging part of this is act enshurg people can get back to work and that society runs smoothly. talking about the sheer number of cases. now, president biden for his part, he said earlier today just hours before this announcement that he would follow the guidance of his medical experts. it was just on friday, though, that the president said that his medical experts were not yet advising a shortening of that isolation period, which shows you just how quickly things have changed in just a matter of days. now, the president's comments today came as he was meeting with the nation's governors, the president making very clear that the u.s. just isn't where it needs to be on testing. an acknowledgment of what we saw over the weekend, which was essentially long lines, empty shelves, and clearly a failure to meet the demand of coronavirus testing around the holiday season. and with the spread of omicron. now, while president biden hasn't called this a quote/unquote failure, he made very clear today that there is more work to be done and that clearly his administration and the government have fallen short of the mark as it relates to testing. but that is why, going forward, the president talked about this plan to send 500 million rapid at-home testing beginning next month to americans who request them. and also today, the president citing a memorandum authorizing emergency fema funds to be used by the department of health and human services to stand up testing sites around the country. poppy. >> jeremy rye dond diamond, thank you so much. alex, apple just making a major move there because of how fact omicron is spreading. >> that's right, poppy. they have decided to close their stores across new york city for browsing. you can still go in for an online order but they say they made the decision as a function of their monitoring of health conditions and really this just comes as the latest in a string of kaelgdss, delays, and shortages that we have seen omicron cause across the country. >> we are certainly going to continue to see a surge for a while. i hope we peak and come down quickly. >> the strain of omicron's surge already being felt by many. because of how many people are catching omicron, we are really facing a dire situation with our hospitals. that have already suffered substantial burnout in staff, worker shortages. >> reporter: as infections spread rapidly, health officials still believe those who are vaccinated and boosted should remain well protected from severe disease. but there are consequences affecting everyone. >> we have, as of this morning, 115 staff members out ill with covid who have tested positive. >> reporter: federal emergency response teams are already working to ease the burden on health-care workers in colorado, michigan, minnesota, vermont, new hampshire, and new mexico as covid-related staffing shortages cripple even more industries. new york city now running fewer subway trains with too many workers out sick. and airlines are at their busiest time of year leaving even more passengers stranded. just about everywhere. domestically, a thousand more flights cancelled today. more than 2,500, globally. the reason that our flight was cancelled was because of lack of flight attendants. so, yeah. on delta. so i guess it's sad. it's just really sad. >> reporter: four cruise ships with reported cases of covid were turned away from their ports of call. in all too familiar reminder of when it all started. sports are not immune, either. the military bowl and the fenway bowl, among the latest games cancelled. as more holiday plans get scrapped this year, the struggle to get covid tests just too real. at a busy site in miami, the wait is more than two hours. and, poppy, professional sports teams really continue to get pummeled in this pandemic. the nhl announcing they are postponing three more games. that is a total of 70 games delayed this season. the nfl announcing that the 96 players test positive today. >> alexander field, thank you for the reporting tonight. out front now, professor of the division of infectious diseases at vanderbilt university medical center and also member, i should note, of the cdc's dwadvisory committee on immunization practicings. also, bob atlas, ceo of the maryland hospital association. gentlemen, good evening. thank you. i wish it were on better news but this is where we are. as we approach the end of the year. and, dr. schaffner, what is your reaction to the cdc cutting in half the time people need to stay quarantined? >> well, poppy, all your intros are a vivid demonstration of the seriousness of the current problem, the extent to which omicron is affecting our entire society. and the cdc's new recommendations will permit us to cope with all of this disturbance, and to trim it down to allow people to come back to work earlier and safely at very low risk. i would like to emphasize the latter. and that will help us in the new year begin to get our gears back into operation and to function better. >> bob, two hospitals in your state have issued disaster declarations. can you explain to us what that actually means on the ground? and how bad it's gotten to -- to make that necessary? >> well, thanks for highlighting the -- the issues. um, and actually, we had a third hospital in maryland this afternoon went to what's called crisis standards of care. there are really three levels. there is conventional, contingency, and then crisis level. many of our hospitals have already been operating on c conti contingency standards of care, which essentially means vaeding spreading the workforce a little more thinly. um, maybe reducing some of the standard procedures of documentation and things like that so people can focus on caring for patients at the bedside. crisis standards is a, um, some are more extreme level where essentially hospitals are saying, um, we cannot handle the load that we are -- that we are facing entirely. and um, they are reducing surgeries, anything that's scheduled that can be pushed off. um, and really counting on others to -- to help out. >> dr. schaffner, when you look at how quickly omicron is spreading and when you look at how many americans traveled for christmas, gathered, and probably going to gather for new year's, do you think the peak of this variant is maybe few weeks away, mid-january? >> well, poppy, wient be surprised if we do have a post-holiday surnl surge, once again. fortunately, many of those cases will be in people who are vaccinated and boosted. therefore, mild. but nonetheless, as mr. atlas says in his state and many others, there will be a big impact on hospital admissions because there are so many people still unvaccinated. that's still true in my state, for example. and even pediatric hospitals are now seeing an increase in cases in children. so -- >> i wanted to ask you more about that. um, coming from me as a journalist and mother of little kids because when i saw this headline overnight, i was stunned that here in new york city, there's been a fivefold increase in children hospitalized with covid, dr. schaffner. and when you look at close to half the covid-19 tests being performed at children's national hospital in washington, d.c., half of them are coming back positive. are kids getting sicker from omicron? or just more kids getting this variant because it's so much more contagious? >> i think it's the latter, poppy. this is such an extraordinarily contagious various, it is getting not only adults but it's getting down into children. spreading among them and even in the portion of children who get serious illness is small, if you infect a very large number of children, there will be an increase in the number of cases of children to need hospitalization. some have underlying illnesses but many do not. parents, let's get all those children age 5 and over vaccinated as quickly as possible. >> yeah, and let's get the vaccine approved for those under 5 years old that's what we are praying for in our household. bob, when you have what i would assume is more hospitals to come that will issue that, you know, disaster declaration just said a third one today in your state. how -- how do people know if they should go to the hospital for covid? >> well, first of all, we need people to, i will just say something -- echo something dr. schaffner said which is we need people to get vaccinated. about three-quarters of the patients we have in our hospitals with covid are still unvaccinated. obviously, we need people to get vaccinated and get boosted. we do have people with breakthrough infections in our hospitals, but they are a small fraction of those. um, what we need people to do is not use a hospital for anything that doesn't really require a hospital. um, we've had people coming to hospital emergency rooms just to get a test even though they're asymptomatic simply because the lines are -- are long in other locations. hospitals are not the place to do that now. we need people to use a hospital er forl life or limb-threatenin conditions and use urgent care, see their doctor, or even use a telehealth-type visit for screening for minor instances of illness or injury. >> well, bob, thank you to -- to all of those frontline workers at your hospitals for what they are doing under these conditions, and dr. william schaffner, to you of course for all your work and your expertise. >> thank you. out front next. we will do what it takes. that is what a democratic senator is saying tonight about salvaging president biden's build back better bill. plus, a teenager tragically killed in a dressing room by a bullet believed to have come from a police officer's gun. police are releasing the body-camera footage at any moment. what will it show? and a 110-year sentence for a truck driver who killed four people in a fiery crash. that sentence is now being challenged. i will speak with the survivor of the crash. king at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. 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new way to buy a car. tonight, democrats still scrambling to find a way forward on president biden's roughly $2 trillion build back better bill. democratic senator ben cardin saying today that democrats will do what it takes to get 50 votes in the senate. listen. >> i think our best strategy is to find a common spot where all democrats can agree, and move that legislation. we are working towards getting build back better agenda accomplished by 50 democratic votes. >> this comes one day after senator cardin said he is quote open to breaking up legislation into smaller pieces. melanie zanona is outfront on capitol hi tonight. and, melanie, are democrats seriously thinking of breaking up biden's signature spending plan into smaller pieces and will this actually mean maybe some of it does get passed? >> well, democrats are certainly thinking about it. but whether or not it actually works? that very much remains to be seen. i mean, there are serious discussions underway about how to keep this bill alive. and one idea under consideration as you mentioned, poppy, is to break up the package into smaller pieces. for example, doing a standalone bill on a child tax care credit with the idea being that perhaps these smaller-scale bills could win over joe manchin who was really uncomfortable with the idea of a large scale social sieft safety net package. this would represent a major shift in strategy for democrats but it is something they are warming up to. take a listen to what senator ben cardin had to say when asked about this idea over the weekend. >> well, that is a strategy decision that is being negotiated. we -- we are open to a way to reach the finish line. >> reporter: the problem with that strategy, however, is that democrats only have one chance to use the fast-track process known as reconciliation, which would enable them to pass bills with only 51 votes in the senate. and so, that essentially means they need republican buy-in to pass these stand-alone bills and it is just not clear there's much, if at all, any appetite in the gop to help advance biden's agenda and that is why increasingly we are seeing progressives starting to call on president joe biden to use executive action to address priorities, like climate change and prescription drug prices. but again, there are drawbacks and limits to that, as well. biden can do only do so much with his pen and anything he does accomplish with executive action could always be overturned by a future republican president. so not a lot of good option hearse for democrats but they are holding out hope they can notch some sliktryes at least on a smaller scale in the new year. poppy. >> let's talk to one of them about that. melanie, thank you very much. out front now, democratic congressman of new york. he is the deputy whip of the congressional progressive caucus. good evening, thank you for being here. and look, you have warned against allowing the senate to gut build back better to appease one or two senators. are you open to breaking up this legislation into pieces? >> not at this point, poppy. i think that this is a signature bill that it -- it presents the vision of our president during a very troubled time. we are still in the middle of this pandemic. omicron is really sweeping the nation as we speak. and to hold back and put the foot on the brake right now and parcel out who gets in and who gets left out, i think, is not good for the american people. we still have a -- i'm confident that the senate leadership could bring the bill to the floor. let the senator vote their conscience. >> you know manchin's vote. so then, you get nothing. let me just get your response to fellow democrat in the house -- jason crow of colorado. here's what he just told my colleague, jake tapper. >> if we can't get the bill in its entirety passed, then yeah we have to look at options for how we can get separate pieces of that passed. >> is he wrong? >> well, that's his vision. my vision is that i think we still have time to get everything in. although manchin has been back and forth on this issue. you remember that he provided a counterproposal to our president before he went on fox news and said that he wouldn't vote for it. he ultimately -- he will have to respond to his constituencies in west virginia. 94,000 children that will have access to childcare. people that are now paying 22% of their income for -- for childcare would only have to pay 7% of their income or less. he will have to answer to 105,000 low-wage workers that will see a significant increase in their wages. and 20,000 -- 22,000 preschoolers that will have access to pre-k. so, this has a substantial impact in west virginians' life. and speaking about it and casting a vote on the floor of the senate that will hurt his constituencies are two separate things. >> you think -- it sounds like -- and correct me if i'm hearing you wrong -- but it sounds like you are saying you think that joe manchin's hand will be forced to a yes if he has to actually vote on this thing even though he has said repeatedly no publicly? >> well, he says -- he said yes and he said no. he said that he has had a counterproposal. so he's been back and forth on it. and i think there is still a window of opportunity for all of us to make the -- make the case to him that this is good for west virginia and the rest of the country. and schumer -- the senate leadership to bring the bill to the floor. >> the head of the progressive caucus -- congresswoman jayapal wrote in that op-ed in "the washington post" yesterday urging the president to take executive action and to move forward with parts of this bill through executive action. but melanie just laid out and we all know the problems with that is that it's often short lived because a republican administration can undo it. and the spending in build back better is portioned out over a decade. so, if it were to get reversed, you wouldn't even get it all done, right? it wouldn't even have a chance to play out. so is executive action the right route here? >> perhaps, for some pieces of it, executive action is prudent and -- and the president will be able to -- to sign an executive order to get some of these proposals forward. but not all of it. this is really a comprehensive bill that proposes to bring long overdue relief to the american people. it will help us emerge out of the pandemic. and i think parcelling it out may not necessarily be the right step. we still have a window of opportunity. we shouldn't rush, yet, and go ahead and -- and feel as though everything has failed. i don't think that it has. we still have a chance to pull this through. and i am optimistic of the senate leadership that they're doing everything they can to convince senator manchin. ultimately, one senator cannot derail the aspirations of an entire country. i think that there's much more to be side aid about this. >> or they can, no? >> well, they can. you know, they can. one vote makes a difference in the senate. it is a very tight margin. but again, so many people in his state will benefit by it and i think at some point, he may be able to reconsider. >> congressman, thank you for coming on tonight. it's good to have you. >> thank you so much, poppy. thank you for having me. out front next, the truck driver sentenced to more than 100 years in prison for killing four people and hospitalizing six others in a fiery crash. even the district attorney who brought the charges now wants that time behind bars reduced. but what do the crash victims want and the families? i will speak to one survivor, coming up. and police just releasing new body camera video of a shooting that killed a teenaged girl in a dressing room. what the video shows, ahead. not only do centrum multigummies taste great. they help support your immune defenses, too. because a healthy life. starts with a healthy immune system. with vitamins c and d, and zinc. getting out there has never tasted so good. try centrum multigummies. hey, it's ryan reynolds, owner of mint mobile, with a holiday offer i think that you're gonna like. when you switch to mint now, you'll get three months of premium wireless free, on any plan, even unlimited. yes, you can't resist savings. 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. tonight, a colorado judge setting the date for a new hearing to reconsider a 100-year sentence for a truck driver who was convicted in an interstate crash that killed four people and injured several others, hospitalizing six. rogel aguilera-mederos was driving a semi-truck atle 5 mile ans hour when he says his brakes failed causing this fiery 28-car pileup. i will speak to a survivor of that in just a moment. first, let me go to my colleague lucy kafanov who has been covering all of this fors who joins us live in denver tonight. and lucy, the judge ruling the resentencing hearing will be january 13th. it will be in person. what else do we know? >> reporter: that's right, poppy. one of the issues they were grappling with at today's hearing was this unprecedented nature of the case, in which it is the prosecution which is initiating this request for a lower sentence, rather than the defense. now, the district attorney, alexis king, has asked the court to reconsider that lengthy 110-year prison sentence. potentially reducing it to down to 20 or 30 years. they will probably determine that next month. now, she said this was based on the facts of the case, as well as conversations with the victims and their families. she told reporters today this was quote an exceptional case that requires an exceptional process. well, just a remind our viewers, mederos was driving 85 miles an hour back in 2019 when he says his brakes failed. he caused that crash that killed not only four people but as you mentioned, injured numerous other people. he was not found to be under the influence of drugs or alcohol. the prosecution argued he should have used a runaway ramp to prevent that crash. he was found guilty on 27 different charges, which include several counts of vehicular homicide as well as vehicular assault. um, but because of colorado's mandatory minimum sentencing laws, which require sentences for each count to be served consecutively, rather than concurrently, he ended up facing more than a century in prison. this has gotten nationwide attention. nearly 5 million people signing a petition asking colorado governor jared polis to reduce the driver's sentence or to grant him clemency. the governor's office is telling cnn that it is reviewing that clemency request but legal experts tell us he is not likely to weigh in before this legal process plays out. poppy? >> lucy, thank you very much. lucy kafanov for us tonight live in denver. valerie robertson young was in one of the vehicles that was struck by rogel aguilera-mederos that terrible day and she joins me now. valerie, thank you. thank you for taking the time. >> thank you for having me. i appreciate it. >> it's really important to hear your voice in all of this. um, and i -- i would like you to begin with just sharing with the viewers, your own experience and what you saw that day. >> um, the -- the day the -- well, i don't call it an accident -- it's an incident. the day that the incident happened, i had just gotten off work and i had entered, um, eastbound i-70 from colefax and i made it as far as the denver west parkway bridge and i had just gotten over into the left lane, and i looked up and i saw a truck coming at us really -- he was coming just way too fast. he didn't have his lights on. he didn't have his flashers on. he wasn't honking. he was doing nothing to notify or even let anybody know he was coming. and then, all the sudden, there was an explosion and a crash and there was a big fireball that went everywhere. um, and it was like a war zone. as soon as the fire, um, receded enough, i jumped out of my car, grabbed my cell phone, and i ran, um, and we were helping victims. we were all helping each other, as many as we could, either get out of cars and we all got across. we crossed i-70 to the shoulder and once over there, i was trying to call 9-1-1 but it kept saying circuits were busy. um, and while i kept -- was trying to dial, i was also taking pictures when a young man approached me and said, um, hey, lady, can i -- i need to use your phone? i need to call my friend, i am going to go to jail. and in that conversation, i realized hey, this is -- u are you the young man that hit us? and he said yes but he blamed the accident on the drivers being in the road. and the fact that he said his brakes failed. well, um, all emted to do was leave and i told him where are you going to go? there is nowhere you can go because there had been another accident further up the road. and at that point, i told him i was taking pictures of him and he ran up the, um, embankment which is pretty steep. um, and was knocking on cars trying to get away and i was taking his picture, following him. and i was screaming at people because people came out of the buildings around us to stop him, do not let him leave. he had caused the accident. >> do -- i wonder what your -- your reaction is, um, because as we saw in the testimony in the trial, he has apologized for what happened and none of us can put ourselves in your shoes or the shoes of the family members who lost their loved ones. i wonder what you make of this new sentencing hearing set for just a few weeks from now? and maybe, his 110-year sentence being reduced to potentially as few as 20? >> i can tell you that i have been the strongest advocate for the amount of time he -- he does. i have been fighting all along and wanted him to do 50 years and the reason for that is, um, innocent people don't try to run away. and innocent people, um, don't aim for people in traffic. he -- he had a million -- or he had a million options. he could have got off the road. he could have taken -- and there wasn't one runoff he passed. there was several. he did nothing. he chose to hit traffic. he could have even hit the brakes. but he, in his own words in his own testimony, said his best chance at survival was to hit all the cars. >> will you choose to make a statement, valerie, in the courtroom on -- on that day in january? the judge said today that you will be -- victims will be allowed to. >> yes. um, and i have written -- i wrote a letter to the judge, previously, asking him, um, to be hard and to be harsh because, again, i don't think this was an accident. um, in any way, shape, or form. um, i have always said that something wasn't right about this accident because it -- like i said, it's not an accident, it's an incident. he could have avoided it and didn't. um, there are two victims that haven't been able to -- we haven't heard from their families and those victims are both -- that i knew them or their families and so i am fighting for them. and i think that we all deserve justice. i understand that he is young. um, but he had a choice in this, and he didn't do it. just like those had a choice when in 9/11. he could have done anything and he didn't. he didn't even try to stop. >> um, he is not on the air with us, obviously. but people can turn to his testimony and what his attorney has said that he didn't have other options, that is their position. and of course, they are welcome to -- >> he had many options. >> and valerie, thank you very much for being with us tonight. and we're glad that you -- that you survived. thank you. >> thank you very much. out front next. breaking news. los angeles police just releasing body camera footage from a shooting in which a teenager was killed in a store dressing room. what does that show us? and former-president trump locked in a battle with the january 6th committee. they now want financial records, as well. how long can the president and his allies stall? i feel incredi. i love the new program because the app does all the work for you. it's never too late to start. join today for 50% off at ww.com. hurry, offer ends december 27th. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. i always dreamed of having kids of my own. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. okay everyone, our mission is to provide complete balanced nutrition for strength and energy. woo hoo! ensure, complete balanced nutrition with 27 vitamins and minerals. and ensure complete with 30 grams of protein. ♪ ♪ breaking news. moments ago, the lapd releasing video of the shooting of a 14-year-old girl. she was killed in a dressing room after an officer fired on an assault suspect nearby. it's believed that one of the officers' bullets went through a wall, killing the teenaged girl on the other side. josh campbell is out front. josh, the lapd body-camera footage has just, moments ago, been released. as we work to bring everyone that video, you just watched it. what does it show? >> yeah, poppy, this video just released as part of the chief's declaration that the body camera footage, the cctv footage from inside that department store, as well as 9-1-1 calls would be released by today following this fatal shooting of this 14-year-old girl at this department store last week. now, what you are about to see in this video -- this is very fast moving. it's a very dynamic situation. this is from the vantage point of that police body camera and just to set this up for our viewers, this is showing the moments that officers are arriving at that department store. now, just before the moment you are about to see, cameras inside that store show the suspect, who was also fatally shot, walking through this department store swinging what appears to be a bike chain. striking individuals. at one point, he walks up and really forcefully starts assaulting a woman with that bike chain. pulling her chair down one of the aisles. now, the officers received 9-1-1 reports that there were possible shots fired. so, what you are about to see are the officers coming in. they think this is an active-shooter situation. they are trying to locate the suspect. i want to warn our viewers that what you are about to watch is graphic. we have blurred certain images. but this is the moment that police make contact with that suspect and open fire. watch. >> slow down. slow down. >> hey, she's bleeding. she's bleeding! >> shots fired, shots fired, shots fired! >> now, at the top of that image, that was the suspect. that officer firing down that aisle at the officer's feet was one of those victims. again, we blurred a lot of the graphic. she was bleeding. she was obviously in distress after that assault. but of course, one thing that we know makes this so heartbreaking is, beyond that suspect was that dressing room where this 14-year-old was inside. police say that one of the rounds from that police officer penetrated the wall, striking and killing her. this obviously, a community in mourning now. a makeshift memorial has been set up at the department store. we also know, finally, that the state attorney general's office is now also investigating this incident to determine whether there will be any charges brought. this is per policy. but again, we are getting that new video that just very dynamic situation you see, officers trying to take down the suspect. and obviously, that fatal and fateful moment that that officer also fired a round killing this 14-year-old girl. poppy? >> josh campbell, we appreciate the reporting very much. out front now, sergeant cheryl dorsey, she is a retired lapd sergeant and author of a new book called "the confidence chronicles" and paula martin, a criminal defense attorney and former prosecutor. thank you, both, for being here this evening. sergeant dorsey, what's your reaction to the video that we just saw? do you think police had reason to shoot or not? >> i do. as i'm looking at it and this is very preliminary but i am just putting myself in the -- the mindset of those officers. they responded to a -- a code three call, shots being fired. and i would imagine that having that man strike that young woman repeatedly and at times have that lock hit the floor might sound like, to the citizens that were in there, shots being fired. and so, that was what the officers were working off of when they encountered him up on the second floor. and then, we see the suspect duck out of view and behind the end of the -- the roll there so now he is no longer in view of the officers. he kind of dictated what was going to happen. he could have certainly surrendered, threw his hands up. and at that point, it would have been over. so, for me, i -- it's tragic. um, my condolences to the family but how would you know that there would be a young child behind that wall that separated them from the dressing room? >> paul, you have defended a police officer before charged with firing a weapon and missing their target. as you watch this video, what stands out most to you? what questions does it leave you with? >> well, i think the officer is correct in her evaluation of the situation. i think, you know, it's easy for us to be armchair quarterbacks after the fact. and point fingers. you have to put yourself in the position of the officer at the time of the incident. in this situation, the officer -- what information did he have? he had the information that this person may be armed. he sees the victim. sees the blood. and so, an officer is allowed and is justified in using deadly-physical force when they believe that this deadly-physical force is necessary to save the lives of others. and so, looking at it and we just taken a preliminary view of these -- these -- these body-cam videos. it looks like that the officer was justified and it was just a terrible, terrible, terrible tragic mistake that another individual's life had to be taken. >> so, sergeant dorsey, our josh campbell also reports that just last year there was a law signed by the governor of california and it requires the state's attorney general's office to investigate any police shootings that result in the death of an unarmed person. now, the question is what constitutes unarmed and armed in this scenario? but given that and given what you just saw, then do you believe this officer should face charges or not? >> personally, i don't. and listen, he was armed. he had a chain with a lock on the end of it and we saw repeatedly at other instances where he was hitting this woman. he could have killed her hitting her in the head with a lock on the end of a chain. and so, he was armed. he had a weapon. and officers did an amazing job of communicating tactically as they were going in there. they tried to find out very quickly are there any patrons upstairs? you know, anybody else up there, any employees, any customers? and so, they did their level best to try two sure that they were only going to encounter the suspect and maybe the victim which is what happened. and so, i don't find fault with anything that the officers did. i believe that there will probably be some recompense for the family because this young girl lost her life but how would you know she is there? >> paul, this shooting happened just days after the verdict in the kim potter trial. potter, of course, is that former minnesota police officer convicted of both counts of maurpt manslaughter in the killing of 20-year-old daunte wright in april. then, officer potter claimed she mistook her gun for a taser. what do you make of that verdict? and, you know, the element of should have known, right, and this situation that we are seeing here? >> well, there is no way the officer would have known that the young -- there was a young lady in the dressing room. so -- so i don't see the similarities in that respect. but i do say this. this is a situation where the body cam video is going to be very helpful to possibly exonerate the -- the officers from any wrongdoing. and so, this is another example of how body-cam video also supports law enforcement officials. it also provides some accountability. listen. people were concerned, they were worried how could this young lady be killed? and the police department were quick -- they were quick about getting this video out to the public. showing some transparency. so, whatever questions that were lingering can be decided by the individuals right now. >> sergeant dorsey, thank you very much. paul martin, thank you. good to have you both. tragedy. our hearts with her family tonight. out front next. testimony apparently not enough for the january 6th committee. they're asking for financial records. we will tell you from whom ahead. and the world tonight is mourning the death of archbishop desmond tutu. a critical and crucial voice that helped end apartheid in south africa. ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. inner voice (kombucha brewer): as a new small business owner, i find it useful to dramatically stare out of the window... ...so that no one knows i'm secretly terrified inside. inner voice (sneaker shop owner): i'm using hand gestures and pointing... ...so no one can tell i'm unsure about my business finances. inner voice (furniture maker): i'm constantly nodding... ...because i know everything about furniture... ...but with the business side... ...i'm feeling a little lost. quickbooks can help. an easy way to get paid, pay your staff and know where your business stands. new business? no problem. yeah. success starts with intuit quickbooks. tonight, trump's battle to delay the january 6th select committee now preparing to file a request with the supreme court asking for a quick decision on whether the high court will take up former-president trump's attempts to block the committee from obtaining his white house records. this, as the latest in a flurry of court challenges to the committee from trump and his allies revealing the first confirmed subpoena for financial records from a trump ally. whi whitney wild is out front. whitney, good evening. the first subpoena of financial records. this is interesting because they are even asking the bank j.p. morgan for these records. where does all this stand tonight? >> poppy, this newest filing shows again as you mentioned the committee is going right to the banks to get the records. getting it directly from the witnesses but going straight to the record holders, themselves. specifically, we learned about the strategy in a challenge to a house select committee's subpoena, again, to j.p. morgan chase for banking records for someone named taylor bud witch. he is former senior adviser for the trump 2020 campaign. he is now former-president donald trump's spokesman. he is arguing that he has already handed over relevant information and that this subpoena from the house select committee to the bank risks releasing private financial information that is not relevant to the investigation. a previously released subpoena highlights why the committee is so interested in him. for example, this -- the subpoena says that budowich reportedly solicited a 501c4 organization to conduct a social media and radio advertising campaign, encouraging attendance at the january 6th ellipse rally. and advancing unsupported claims about the result of the election. the committee claims that budowich directed around $200,000 from a source or several sources to that 501c4 that was not disclosed to the organization to pay for the advertising campaign. so, poppy, what they have identified here is that he was handling a lot of money and they want to know where it all came from and where it went. so, this is just one more example, i think, of the depth of in investigation. because we know as i mentioned they are getting information directly from these witnesses but they are also going directly to telecommunications providers, social media companies to try to get to the bottom of what happened. >> before you go, whitney, the justice department also released this three-hour surveillance video from inside that tunnel during the capitol insurrection on january 6th. cnn sued to obtain it because prosecutors have been using it in court. i want to warn our viewers if you haven't seen this yet, it is incredibly disturbing to watch but shows one of the most violent confrontation between capitol police and rioters. rioters, brandishing weapons, viciously kicking police in the face and head arks tacking them. what more can you tell us? again, the longest video doj has released. >> poppy, just to remind our viewers, this is the west side of the capitol and as mentioned, this was one of the most vicious battles. i actually spoke with an officer who was there. i mean, it was just hours-long hand to hand combat and we haven't seen any video that really showed continuous moments but this does. so what it shows is at the very outset, these officers streamed into the tunnel. really, to seek refuge from the rioters that were descending upon the capitol. and then, within a couple minutes, i mean, the crowd just poured in on top of them and that's where they were thrust into this hand-to-hand combat. at one point, poppy, a person can be seen throwing a firework at the line of officers. the point here, as horrible as it is to watch, if you have the stomach for it, you must because that is what happened. it was every bit as vicious and horrible as we have been telling people for a year now and this is more and more evidence of just how horrific that day really was. >> it was. whitney wild, appreciate the reporting. thank you so much. out front next. cape town city hall bathed in purple light tonight to honor the life of archbishop desmond tutu who died over the weekend. so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. how not to be a hero: because that's the last thing they need you to be. you don't have to save the day. you just have to navigate the world so that a foster child isn't doing it solo. you just have to stand up for a kid who isn't fluent in bureaucracy, or maybe not in their own emotions. so show up, however you can, for the foster kids who need it most— at helpfosterchildren.com bells rang out today at st. george's cathedral in cape town for archbishop desmond tutu who died on sunday. tutu was a towering figure, who helped end apartheid in south africa. man revered around the world for his fight against injustice, suppression, and intolerance. the country's moral compass, as many called him. he was a champion for lgbtq rights, and in the fight to confront climate change. admired for his sense of humor, and unwavering conviction when dealing with issues that drove most people apart. he won the nobel peace prize in 1984. the nelson mandela foundation called his loss immeasurable. among his many legacies, these words, an important reminder he left all of us. we grow in kindness when our kindness is tested. the world mourns his loss. thanks so much for joining us tonight. "ac 360" starts now. another word for a variant is strained and we are all starting to feel it from omicron tonight. jim acosta in for anderson. we begin with breaking news. the cdc is cutting its recommended quarantine time for people who have tested positive for covid in half from ten days to five as long as they are not showing symptoms. with the country now averaging more than 200,000 new cases a day, it comes in part to minimize disruption as people across health care, transportation, and public safety sectors, all start feeling