i'm laura coates in for don lemon. omicron is surging across this country. the u.s. is now averaging more than 200,000 new covid cases every single day. that's the highest number since january. that as there is big news tonight for anyone who has tested positive for covid. the cdc announced shortening the recommended time you should isolate if you test positive but don't have symptoms. cutting that period of isolation now from ten days to now five days. but you should still wear a mask around others for at least five more days. tonight, dr. fauci is saying the new guidelines are a good idea to get people back to work and keep our society running smoothly. >> it just makes sense if you keep them out for five days, keep them ice solated for five s and get them back doing their work, keeping a mask on protecting themselves from infecting other individuals. >> people across the country lining up and sometimes for hours just trying to get covid tests. president joe biden admits the hard truth. we don't have the testing we need with omicron surging. >> it's not enough. it's clearly not enough if we known we would have gone harder, quicker if we could have. we have to do more and do better and we will. >> the biden administration is promised to make 500 million tests available in the first couple weeks of january with 200 to 500 million tests per month after that. but with new year's eve four days away, dr. fauci says forget the big party this year. >> when you talk about a new year's eve party, we have 30, 40, 50 people celebrating, you do not know the status of the vaccination. i would recommend strongly stay away from that this year. there will be other years to do that but not this year. >> cnn alexander field has the latest on the news from the cdc tonight. >> reporter: tonight, new guidance from the cdc, people infected with covid who are asymptomatic can shorten the isolation from ten days to five and wear a mask around others for five more. those who are exposed and are vaccinated should quarantine for five days while those who are boosted may not need to quarantine at all after an exposure. all this as the country deals with the strain of an omicron surge. >> we're certainly going to continue to see a surge for awhile. i hope we peak and come down quickly. >> 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 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 1,000 more flights cancelled today and 2500 globally. >> the reason our flight was cancelled is because of lack of flight attendants so yeah, on delta. it's sad. it 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. alexander fields, cnn, new york. >> thank you so much. >> i want to bring in dr. megan professor of emergency medicine and dean of public health at brown university. thank you for being here. nice to see you. my goodness, that package we just played is unbelievable the amount of chaos this is actually reeking on our society and we all thought, i think, in many ways we were kind of at the tail end. we were maybe hoping too soon. what do you think ? >> i feel like this virus keeps playing games with us. we keep thinking we're at the end and we'll all get vaccinated and it will be better. we'll all get boosted and it will be better. now here is omicron just in time for the holidays. it feels so unfair for the general public and certainly for my fellow health care worker whose are once again facing a surge in our hospitals. but there is one really big difference, laura, between now and a year ago. and that is the vaccines. as much as omicron is reeking havoc on our economy right now, the number of hospitalizations and deaths are not what they would have been last year at this time without vaccines. it is just a dramatic difference in the hospitals. as much as we're struggling, the vaccines have made a difference. >> you're absolutely right. i can't under score that point enough the vaccines have made a difference. we all remember last year, a year from now watching the number on the right side of our screen ticking up and horrified because each number was a loss of life a human being, a family interrupted forever and looking at this time right now, it is certainly different, however, it's still there. we have to be cautious and that's big news tonight with the cdc, doctor, now shortening isolation times from ten days to k now five days if you don't have symptoms. is this the right move even for the unvaccinated and is this a good time now to have done that sm. >> the science backs up for people vaccinated and asymptomatic after five days, we're very unlikely to be inif he can sh-- infectious. the cdc added on five days of masking after isolation to be sure. the thing that concerns me is this covers not just the vaccinated and asymptomatic but also the unvaccinated and i feel like we saw in may what happens when we say hey, the vaccinated can go without a mask but the unvaccinated need to wear it. well, nobody wore masks after that point and my worry here is that we're going to have a bunch of folks still infectious out and about unmasked spreading the virus further. >> that's true. i mean, the idea of the wind fall that happens for so many people who think well, you know what? as long as you're doing the right thing over there, i'll benefit without doing it myself. it's a difficult thing to be in. what about people showing symptoms? if they isolate for five days and test negative, are they then good to go, doctor? >> that's a great question. the cdc guidance isn't clear on this. i tell people if you're symptomatic, sore throat, fever, body aches, headache, cough, plus don't go out and about until you have finished that full ten-day isolation period or until you've been asymptomatic for a couple days. if you want to be extra ca cautious, having a negative rapid antigen test can be an added layer of certainty on top of it. if you're someone who is quite careful but the big thing is if you have i'm ssymptoms, don't t this as license to go out and about. >> let's talk travel. dr. fauci clarified comments on vaccine mandates for airline travel. listen to this, doc. >> right now i don't think people should expect that we're going to have a requirement in domestic flights for people to be vaccinated. when i was asked that question i gave an honest answer. it's on the table and we consider it but that doesn't mean it's going to happen. i doubt if we're going to see something like that in the reasonably for seeable future. >> should we see that in the relative near future as in right now? >> i think dr. foe auci is bein politically honest. i find it improbable. look at the mandates for health care workers and folks protecting other people's health on a daily basis held up in the court. from a scientific or health perspective, i would love to see vaccine mandates for domestic airplane flights. it would protect both those on the flights, a flight attendants and the places that people are traveling to. we also know that mandates are a great way to drive up the number of people that get vaccines. it would do an awful lot of good for the long term for this country and for getting us out to the other side of covid. >> christmas has now passed but the new year's eve is a few days away. still a time for people to gather. what is your recommendation on when people should test before and after gathering with a group? so many just spent time with their families for christmas. what is next? what should they be doing? >> my text messages are full of folks that caught covid over the last week in family gatherings so miedy advise to people is if you're getting together with folks of new years, expect someone there is infectious. the best way to avoid that is to make sure everyone you're getting together with is vaccinated and boosted if eligible and ask everyone to do a rapid antigen test. i know how tough they are to get but if you can get your hands on one, do those right before the gathering. not that morning but within an hour of getting together. >> important to hear. thank you for your time. appreciate it. >> thank you. you've heard it. thousands of cancelled flights every day because there aren't enough healthy crews to staff them. you have professional leagues to college ball games cancelled because there aren't enough healthy people on the roster. long lines because there aren't enough covid tests to go around. supply chain because there are not enough truck drivers. hospitals turning away pay tien because there aren't enough nurses and doctors and hospital staff to treat them and why? because there is one area where we still have an embarrassment of riches. that area, vaccines. while many countries struggle to provide a single vaccine shot to their citizens, united states has the great fortune of not one but three vaccines but the misfortune of supply out pacing demand. people who have done everything that was asked of them socially distanced, worn the mask, taken the shots, gotten the boosters, their still vulnerable. still inconvenienced and normal whatever that is still denied because of refusal of others to get vaccinated. because we give them the option to opt out of vaccination and i guess test negative while our economy and livelihoods and our patients are negatively tested. now, i don't mean people who are actually intentitled to opt out pause of religious or health exception but people that opt out because they subscribed to the philosophy of you can't tell me anything. >> i just think people are so sick of constantly being bossed around, restricted, mandated, all these different things. we've had enough of it and want people to be able to make their own decisions. >> it is such a gross grab of power to think you can tell other people what you have to do with your open body. >> i encourage people to get vaccinated but i believe in individual choice. i believe that you can make the decision about your health care with your doctor. >> too many people demand freedom while their actions limit the freedom of others. the same people who seem to appreciate and adhere to a social contract that is vital to civilized society to speed limits to taxes but they draw an arbitrary line as what has killed more than 800,000 americans in two years now m mayors are saying enough is enough and drawing their own lines. today a vaccine mandate goes into effect for private employers in new york city. everyone 12 years old and up has to show proof of full vaccination to dine in at restaurants, to go to the movies, to work out in gyms or attend any kind of indoor performance. children ages 5 to 11, they, too, have to show proof of at least one shot to do the same. and new york is not alone. major cities like los angeles and seattle and san francisco and boston and chicago, new orleans and even washington d.c. have all tightened their restrictions. with each mayor saying the equivalent of look, you want to enjoy the benefits of our city, you got to do what benefits our city. with the omicron variant reeking havoc and nine more letters in the greek alphabet waiting for a variant to name, cities have no option but to get tough and to limit access to try to confine the spread. you know, if the definition of insanity is to do the same thing and expect different results, then it would be insane to give unvaccinated people a key to the city and still expect to keep the doors open. next, instead of taking well deserved vacations, they're taking 16-hour shifts. i'll speak with a hospital worker in an area with one of the highest rates of infection in the entire country after this. mins, because i trust their quality. they were the first to be verified by usp, an independent organization that sets strict quality and purity standards. nature made. the #1 pharmacist recommended vitamin and supplement brand. i just wish more people knew how easy it was to get health coverage. i'm only paying $52 a month for there are quality plans for even less. my job doesn't offer health insurance, but with the new law, i found an affordable plan and only pay $47 a month. actually, a friend of mine recommended healthcare.gov and now we're paying less than $60 a month for coverage. i was skeptical at first, but it is real. i'm covered with no monthly payment. new law. lower prices. more people qualify. at healthcare.gov print! come on! 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th omicron is surging, hospitals across the country are stretched to their breaking points and taking a severe toll on the front line healers that we all depend on and one of those healers worries things are only going to get worse. joining me now, dr. gram carlos from indianapolis. glad you're here, doctor. thank you for taking the time to be here. i remember it wasn't that long ago we were applauding day in and out because of such gratitude front line workers and to see the shortages yet again, to see the moral and to see the number of people coming and being overwhelmed. what are you seeing on the ground right now? it is where we were last year and a year before that, as well? >> it's overwhelming, laura. i rounded this morning in the intensive care units where i saw about 20 patients, 12 had covid, ten were unvaccinated. we talked to the nurses and therapists caring for them and day after day, we just continue to feel the stress and fatigue that comes with caring for these critically ill patients. it's been a long haul. >> it has to be hard. as you said that, i'm doing the numbers in my head thinking i would want to turn to them and say why? what are you doing? why are there ten, 12 people without a vaccine here? is there some reason? do you want to have the conversations or do you debate the notion i have to provide care and not have debates but it has to be frustrating not to speak your mind about how trust r frustrating that is. >> we're used to in med icine taking care of people with medical conditions that maybe stem from making unwise choices. what gets really hard is that to do our jobs well, we need all of our heads, our hearts and our hands and the first thing to go when you're over worked and stressed is your heart. and the ability to show up and have that compassion for a patient becomes jeopardized and that leads to moral distress and burnout and written on the faces of a lot of my colleagues. that being said, one of the reasons we go in and do this together we have a love of people and love of each other. i'm proud of health care workers. i'm still proud of all everybody is doing stepping up and stepping in. >> i'm proud, as well. very, very grateful and, you know, indiana lags compared to the country as a whole in the percent of people fully vaccinated. are the unvaccinated most of the people you're seeing in the hospital and i know you said ten of 12 maybe today but how sick are they getting? i mean, a lot of people think omicron is not that bad. it's more contagious but less severe. how is that playing out in rea realtime? >> i had a patient sadly i lost recently but she was immune sup pressed. i'm seeing patients with severe diseases like copd and when they get omicron, they get very ill. we're seeing patients that are fragile that get omicron and need to be in the hospital so that's the current situation. >> doctor, i want to show you on the screen for a second, i want to go back. there is something i want you to see because it's a chart of the latest spike in hospitalizations in your state. i know you're worried it's only going to get worse. as you put it a title wave of infection will hit hospital systems, what does that mean for all the front line worker twos years into this pandemic, not just in indiana but across this country, frankly? >> yeah, we're holding our breath so to speak watching the cases climb. we are anxious about breakthrough infections, some of which occurred in my colleagues and dr. randy on earlier had the same and we wonder how we'll be able to rise to meet this challenge and we're fearful because the worst thing in health care is to see people suffer and it's hard to not have the equipment, the personnel to take care of the patients. we're anxious. we're holding our breath and it's just adding another layer of stress on top of an already stressful situation. >> not to mention, i can imagine there is a feeling of guilt at times because you are human just like everyone else who works in hospitals. you want to be there all the time. you have the compassion. it's a calling for you i'd assume and you told "the new york times" recently after working three weeks straight in the icu you were asked to pick up a shift and declined and felt guilty about that. talk to me what you've been feeling emotionally through this. it got to be a difficult balance for you and many others. >> it's got to be hard for us and i promised my oldest daughter i'd take her christmas shopping and had to clean the gutters. when i declined the shift, i felt guilty. when i'm home working late i feel guilty for not being home at the dinner table and when i'm at home taking a day off i feel guilty because i have a skill set to help patients in the hospital. i don't want to let my colleagues down. we feel frustration, sadness, sometimes despair just with everything that's going on, a lot of people work hard. i'm the son of a cop that worked three jobs to put food on the table and i am so proud of everybody in all primary responders that work so hard to keep us safe. health care in particular is under enormous amount of stress and strain right now with the omicron variant causing breakthrough infections, hospitalizations on the rise and health care workers are themselves getting sick with breakthrough infections so it a difficult situation as we talked about in "the times". >> dr. carlos, thank you for what you're doing and being so honest what it's like for people. we hear about the stress. we hear about the declining moral. we know and understand and appreciate what you're doing. i hope that you see that from the outside looking in as well. thank you. >> thank you, laura and thank you for having us on the air and sharing our story with america. i'm really proud of everybody in indiana and i hope i represented y'all well tonight. >> i'm certain they think you did. appreciate it. police shoot at a suspect, and accidently kill a 14-year-old girl and tonight, the body cam video is released. we've got that story up next. do, then condensation is a beer's natural way of saying “drink me.” facing leaks takes strength. so here's to the strong, who trust in our performance and comfortable long-lasting protection. because your strength is supported by ours. depend. the only thing stronger than us, is you. ♪ ♪ do your eyes bother you? because after all these emails, my eyes feel like a combo of stressed, dry and sandpaper. strypaper? why do we all put up with this? when there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients like an electrolyte, antioxidant, even your tears' own moisturizer. and no preservatives. these ingredients are true to your eyes' biology. see? bio.true. want to save on your home internet? xfinity is proud to support the emergency broadband benefit program. for a limited time, you may be eligible to qualify for a credit of up to $50 a month toward your internet service through this program. that's right! you could qualify for a credit of up to $50 a month toward your internet service and equipment. for even more value, switch to xfinity mobile, and you could pay as little as $15 a month for wireless. click, call, or visit a store to learn more. breaking news, the los angeles police department releasing new video in the fatal shooting of a 14-year-old girl killed in a department store dressing room as police fired on an assault suspect nearby. 911 calls, store surveillance video and police body camera footage providing new information about this tragedy. kyung lah has been going through the video, which i warn you is very disturbing. kyung joins me now. unbeli unbelievable. >> it's difficult to watch the video. the lapd is releasing this because they want the community to see what the officers were facing and experienced so they did release the video, the store surveillance video, as well. in boy dy camera video, before they engage the suspect they have responded to multiple calls of a shooting in progress in this store and came across a victim who was injured and an attacker nearby when they fired. >> put that down! slow down, slow down, slow down. back up. >> you got it? >> i'm on it. >> right inside. >> get down. >> she's bleeding. she's bleeding. >> hold on. hold on. >> shots fired! shots fired! >> what led up to this point? >> the store surveillance video and the reason why the lapd released this is they wanted to show over many, many minutes there was a man acting erratically inside the store and you can see him there just swinging a bike lock, a metal bike lock at a woman and he'll grab her and you see her there pulling her by her hair and then he continues to strike her until she is bloody. and that's why the lapd says they did engage this suspect. and valtina is the 14-year-old girl who tragically died here. the family is going to speak tomorrow, is that right? >> yeah, her mother and father will speak on the steps of the los angeles police department headquarters and it's something we can't forget here. this is a 14-year-old girl at the burlington department store shopping with her mother and ran into a dressing room because of a man acting violently and one of the 911 calls, laura, there was an employee saying hide. run. hide. it's something unfortunately in america we're all too used to. if there is something happening in a crowded space, run and hide. so they were in the dressing room on the other side of the drywall when the law enforcement fired one of the bullets skipped off the floor penetrated the dryd drywall. this 14-year-old girl was in her mother's arms. they were praying according to her family when she died, shot in the chest. >> kyung, that's so heartbreaking. and when you said they, i was wondering who was with her, if she was trying to call her parents and family and to hear she was in her mother's arms, i can't imagine what her mother is going through now. i know you're a mother, kyung. joining me now is ron johnson also the incident commander in ferguson during the unrest after the shooting of michael brown. i'm glad your here. captain johnson, this story is unbelievably sad to hear about the bullet skipping off on area and going into this dressing room where she's trying to hide from erratic behavior. the question for you is from what you see on this video was deadly force necessary to even use to lead to her death? >> you know, from what i've seen in the video, the officers were using their training. the subject was using deadly force against the victim in the store and it appears that the subject was attempting to move away from the officers and the officers in their mind, yes, they know he's swinging a chain but also went there to the store believing it was an active shooter so to allow him to move throughout the store, he could encounter other victims, take hostages so in the moment, the officers were reacting to what they knew and what they saw the victim that was stand income front of them. >> we saw the idea of swinging in the bike lock, this metal contraption at the end of a bike lock hitting somebody until she was bloodied and dragging somebody down a hall. criminal behavior but the video shows ten officers all armed against one suspect and given what he's doing, they cautiously enter the store calling it a diamond formation where one officer takes a lead with a rifle and things escalate when the blood is seen. what does that say to you about the response, tactic, strategy? it proper training and did they execute to the best of their ability as you can see there? >> from what i can see they did. the rifle was in the front. and i think that officer wanted to be in the front. you hear a supervisor or someone say put the rifle in the front to be more accurate in your encounter with the suspect. you didn't see a bunch of officers firing. i think we see a total of two or three shots. and so i think once they neutralized the subject, they stopped. they were using their training and working as a team and it is tr tragic. when i hear the young lady died in her mother's arm and i have kids and so, it is tragic. i think after insurancidents li this they'll go back and look at everything and see what could have been different, if something should have been different. they were really transparent in releasing this video. >> in terms of training you mentioned that here the training. is there training for a kr0uded store. they have a lot of people inside. you think you might be responding to an active shooter you said. the idea of responding to someone using dangerous force if not deadly himself over a woman being beaten with the bike lock. is there training for these environments at that point in time? >> yes, there is. officers train in schools and different businesses and stores and so officers do receive that tripping. if we look back at training throughout the country, the lapd is leaders in some of the training we see across the country. >> and but for what we've seen in recent years of officer-involved shootings, do you think that we would have the transparency as this quickly or has what happened over the last several months to years really reen forced the next of having transparency to restore or fortify credibility with officers and the community? what do you think? >> i think what happened over the recent years has been pivotal being more transparent but we have to ensure we're always transparent. we can't pick and choose when we want to be chantransparent. it made a difference. this is what our citizens want and demand. >> there is still more to learn. so sorry to hear about this young woman's loss. her family, all of our thoughts to her. appreciate your time. >> thank you. now, she was jeffrey epstein's girlfriend and long-time associate and the jurors deciding if she'll spend the next 70 years in prison, well, they've got a lot of questions. stay with us. eteriorate, i stopped hanging out socially. it was a easy decision -- clearchoice. 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[ 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. hi, i'm debra. i'm from colorado. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life. earn about covid-19, 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. the jury in the maxwell trial offering clues about dell remembe -- deliberations sending 12, yes 12 notes to the judge and asking for the legal definition of enticement. today the final question is about count number four, transporting a minor with the intent to engage in criminal sexual activity. maxwell is charged with six counts for her alleged efforts to groom underaged girls to be sexually abused by her close companion jeffrey epsepstein. other charges include sex trafficking of minors, enticing a minor to travel to engage in illegal sex acts and three counts of conspiracy. i want to bring in criminal defense attorney joey jackson. it it's the year of the trial and this one is in line of what we're seeing. there is 12 notes from the jury, 12. just about 24 hours of deliberating. if you're defending maxwell, what would be going through your mind at this point right now? >> there are a lot of things. with the jury out you think you did your job. remember the process we know well. there is 12 people on a jury from different walks of life having different perspectives and you're asked to do quite a bit because you have to reach that unanimous decision. all of you have to be in a court to convict someone or to find them not guilty and that is a massive responsibility, right? it will have to weigh on you for the rest of your life so you want to get it right. from a defense perspective, you remember what this defense did here. there is four particular girls then, young women now. and the defense really challenged their memories by calling a psychologist to talk to the issue of faulty memory to talk about suggestion, and also question their motivations, right? this fund established and how perhaps they were partaking in that. i think what the jury wants to do is get it right. one of the notes saying hey, can we have supplies? we want highlighters and a chalk pad and so many things because i think they're looking at the timeline. they're looking at any consistencies or inconsistencies. they're looking at any corroboration with respect to jane and kate, with respect to all of the women right now women with regard to those allegations and what they were and do those allegations make up enough of a crime which would constitute ms. maxwell being guilty, not mr. epstein but ms. maxwell. it's a massive responsibility. if i'm the defense, i'm feeling not so bad. >> if i'm the prosecutor in the case, i used to prosecute delayed sexual reaction cases and the thought was the idea the person would be attacked for their credibility and attacked to figure out why now? you wonder if the jury would understand the reasons to delay reporting of instances like this and when you combine the idea of money even having any role in it, you start to wonder if the jury is going to be put off by the whole incident. you said not epstein. you know, the defense went to great lengths really to try to let the jury be persuaded by the notion that she was scapegoated and they were only prosecuting her because epstein was not available having killed himself prior to ever seeing his trial. do you think that's a successful notion the idea this is a scapegoat and somebody being brought in here because we couldn't get him? did they do a good job? are the questions eluding to that notion? >> i think so. i think if you look and analyze and look at the fact that in 2019 they had epstein but he committed suicide so as a result of that, they had to pivot so someone else that would be her. if you're an enabler you're just as guilty. what the defense was effective in doing is saying she's in the mr. enspsepstein. that's the person that indeed committed these offenses. she may have been an associate of mr. epstein but just as misled by mr. epstein as all of them. i think it was an argument raised that was powerful whether it will carry the day, we don't yet know but the defense made extraordinary headway calling into doubt whether or not the victims here could be believed whether or not the victims here had changes in their testimony over the course of time and whether or not it compelling enough to hold her accountable and whether she did indeed enable and so that's an open question. 24 hours in, laura, we'll see whether or not they're able to come to some conclusion soon enough. >> one of the issues they had, they asked for definition of the word enticement. the devil is in the details and they got to know the elements of the crime and know the legal definition, what it means in terms of what the prosecution had to prove. when they asked for the definition of enticement, were you concerned as a defense counsel or were you thinking that the prosecution are the ones to be concerned there? >> it could always cut both ways because if they're looking for enticement are you thinking now does that mean that they're suggesting that is the jury that there was some kind of lawyering and attraction. there was some kind of, you know, motivation which would lead to guilt. on the other hand, you might be thinking if they have to ask for the definition of it, perhaps the prosecution hasn't met the burden pof proving it. it difficult to look and determine what anything means but we know one in particular, remember, jane was one of them and they looked and wanted to know about jane and what her boyfriend said at the time and what the fbi notes said at the time and what house keepers said at the time et cetera so i think the pilot with respect to whether she was on the flight et cetera, so i think they're parsing through the specific testimony -- >> they want corroboration, right? they want corroboration, as a prosecutor, if my jury, you know, to you and me, it's always the prosecuting jury, if the jury wants to have corroboration, i'm thinking to myself didn't i lead you to water and make you drink? now i'm worried about the notion if you're asking questions i maybe couldn't answer through my closing argument, i got concerns. as you know, there is a lot of different aspects of this particular trial. i mean, there was one more note that says under count four the note says under count four, if the defendant aided in a transportation of jane's return flight but not the flight to new mexico, where if the intent to engage was for jane to engage in sexual activity, can she be found guilty under the second amendment? >> you know, it's very interesting briefly because this could get complex. we asked jurors who are not lawyers, laura, who have all of these jury instructions to interpret them and they need help and so i think what the jury is saying here, wait a second, if we believe that ms. maxwell perhaps brought this particular victim there but didn't have the intent then but she indeed on the way back brought the victim back could it have been that after the fact she would have known something occurred but since she took the victim back, could that mean she's guilty then? and remember what the judge did. the judge punted and said look at the jury intstructions and determine what it is. we're asking them to look at complex jury instructions, six in total that mean could land her in jail for 70 years and say figure it out. i don't blame them. they're going through the motions and do what they need to do. they came back after christmas to get this done and so let's see what tomorrow brings. or the next day or the next day thereafter. we don't know. >> we don't know and they did ask to come back today and took the weekend off for the christmas holiday. so really it's anybody's guess. a jury asking so many questions raises of rupportunities for reasonable doubt. as a prosecutor, never liked that. >> thanks, laura. >> follow the money. that's what the committee investigating january 6th is doing. we'll tell you what they're finding after this. of having ki. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. 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(swords clashing) -had enough? -no... arthritis. here. aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. we're having a baby, so the new law came at a perfect time. for less than 30 a month, the whole family is covered. i love my job and it pays really well. there's just no health coverage. for $182 a month, i found the perfect plan. all that stress about coverage just went away. for $14 a month, my plan covers my meds, vision and dental. now, more people can get financial assistance. what you pay depends in part on how much you make. new law. lower prices. more people qualify. at healthcare.gov growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. the january 6th select committee is following the money. court records show they're demanding bank records to figure out how the rally is leading up to the insurrection were even funded. the first target? former president trump's current spokesman taylor is suing to stop them from obtaining his records. joining me now, former fbi deputy director andrew mccabe a cnn senior law enforcement analyst and author of "the threat, how the fbi protects america in the age of terror and trump." andrew mccabe, glad you're here. i got to ask you, how big of a deal is it that they are now following the money trail? >> well, laura, i think it's a big deal but one we should have seen coming. as you know from your own experience on the federal investigative side, no investigation is completed thoroughly without some attention being played to the finances behind the activity that you're investigating. so i think it's an entirely predictable step that the committee would look closely how the rally was funded uncovering those lines of funding tells you who was actually in charge, what people were making decisions as to which events to support or which communications strategies or recruitment strategies were being driven at which times. it really gets you right to the source of people making decisions. >> it's always been odd to me and i'm sure you, too, andrew. this assumption, this being a spontaneous event, right? it clearly was prbankrolled and coordination and a lot of people getting together with a former funding and organization. they're trying to get to the heart of that, right? >> that's absolutely right. i think taylor is a perfect example of that because the committee already knows that he funneled several hundred thousand dollars to different organizations for the purpose of essentially marketing the events, marketing the rally like getting the word out that people should come to the rally and be prepared to participate in these activities so that's not something that happens spontaneously. it's not -- you don't come up with several hundred thousand dollars to market an event. that comes from predetermined decisions being made how you're going to generate attention to this event and what you want to attract to come be part of it. it's a very fundamental piece of it. >> it is. chairman of the select committee bennie thompson is telling cnn jim acosta the so-called war room at the willard hotel on january 5th and 6th is part of the investigation, key part. this means any possible calls by then president trump to the command center. i mean, what does that tell you where the investigation is heading right now? >> it's absolutely clear to me, laura, they are focussing on the krus crucial days, the final week or so leading up to the rally and looking at the nodes of the organization. when you want to understand what an enterprise is up to before an event, you have to look at leadership decisions. you have to see where these key people were gathering, who they were talking to, how they were spending money and how decisions and orders were being made. clearly, the war room is one of those nodes of leadership and organization and that's what the committee is focused in on. >> one year ago today then president trump tweeted this. see you in washington d.c. on january 6th. don't miss it. information to follow. a few days before he tweeted statistically impossible to have lost the 2020 election big protests in d.c. on january 6th. be there. will be wild. and then this video just released from the insurrection from the justice department shows what that turned into. will those tweets not age very well and come back to haunt trump? >> you know, it certainly seems like they will. it's becoming harder and harder to see those tweets and to think of them as something that was completely random, unconnected to anything else, sprung from the mind of the former president without any sort of influence. when you look at the tweets and understand his very close associates like taylor others were spending hundreds of thousands of dollars at the same time to send the same message out over social media, it all starts to look like a very well coordinated conspiracy. >> we will see. thank you andrew mccabe. >> thanks, laura. >> thank you for watching. our coverage continues. to be v, an independent organization that sets strict quality and purity standards. nature made. the #1 pharmacist recommended vitamin and supplement brand. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. another ward for variant is strain. jim accosta in for anderson. the cdc cutting the quarantine time in half from ten to five with the country averaging more than 200,000 case as day. people across the health care we'll look at the impact omicron

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