xxxx many frustrated americans are waiting in long lines for tests if third quarter earnings conference call get them at all. speak spe speak to governors on monday, the steps he took to scale up capacity were not enough to meet demand. >> it's not enough. it's 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. >> reporter: the president has pledged to distribute 500 million testing kits beginning in january. but that won't help this week's holiday crunch. let's go to cnn's leyla santiago outside a miami testing site with more. lela? >> reporter: john, we are still seeing very long lines here. people telling us at times they've had to wait up to three hours to get tested. so much so that the county, miami dade county now plans to open four to five new testing sites in order to meet this unprecedented demand for testing of covid-19. as the omicron variant tares across the country, the cdc is changing its recommendations for people who test positive for covid. the isolation period now shortened from ten days to just five days for those with no symptoms. >> for the day 6 through 10 days you would have been isolated, you still have to be wearing a mask and you have to be asymptomatic. >> reporter: recommended quarantine time for those exposed to covid was also cut to five days to the unvaccinated or for people who have their vaccinations a few months ago and no booster. experts do not expect the new guidance to contribute to more viral spread. >> if you are asymptomatic, and you are infected, we want to get people back to the jobs, particularly those with essential jobs to keep our >> reporter: that includes airlines. holiday travel plans are being up ended as many staff and crew are called out sick after testing positive for covid. >> many of the omicron cases interestingly are either without symptoms or minimally symptomatic. particularly the breakthrough cases. >> reporter: monday more than 7400 flights were delayed. and the seasonal rush is also creating a heavy demand on covid testing. >> all i can do is wait. several places is the same. >> reporter: testing locations are swamped with lines ramped around for blocks. and president biden conceding the steps he took earlier to scale up testing capacity have been insufficient in the wake of the omicron surge. >> we went there no over-the-counter tests in january to 46 million in october, 100 million in november and almost 200 million in december. but it is not enough. clearly not enough. >> reporter: the administration is preparing another 500 million free rapid at-home tests for americans to order online, but the system won't be in place until next month. so a conference call with governors, the president offered assistance but said ultimately it would be states' efforts that curb the pandemic. >> there is no federal solution. my message to the governor is simple. if you need something, say something. >> reporter: and john, while the health group that runs this testing site, one of the busiest in south florida, says that at this point supply is not an issue for them. miami-dade county announced overnight that they have distributed 152,000 test kits for at-home rapid testing. they are now out at the public libraries where they were distributing them and they have requested more from the department of health. >> that is a step in the right direction. leyla santiago, thank you very much. new data from the cdc and health and human services departments will be of concern to parents. the federal agencies say that the number of children in the hospital with covid-19 is getting close to a peak that was reached in early september. new york city is reporting a five fold increase in pediatric hospitalizations. our cnn senior medical correspondent elizabeth cohen is following all of this for us. so what should parents know about this increase in hospitalizations for children? >> i think the first thing they should know is that still the thumb of childnumber of childre hospital in the u.s. is still very small, count bu, counted couple hundred across the united states. but the concern is that the numbers are rising, still a small number, but they are rising. so let's take a look at national numbers. what we have here is that if you look at covid-19 hospitalizations among children, for the weekending december 18th, it was 201 per day. the weekending december 25th, 260 per day. that is a significant jump. still a small number, but a significant jump. now let's take a look at one city, new york city, which has been hit so hard recently. from december 5 through the 11th, they had 22 admissions, and then december 19 through 23, shorter time period, they had 109 admissions. that is a big jump. part of what might be going on here is that omicron is so transmissible, so many more people are getting infected, that you are going to see more children ending up in the hospital. so far the numbers aren't huge, but the rise is certainly of concern. >> yeah, so no reason to panic, but certainly a reason to pay attention. elizabeth cohen, thank you. all right. let's bring in dr. paul offitt from children's hospital of philadelphia and member of the fda vaccine advisory committee. good to see you. a lot of questions toer cloo up here. on the one hand, this is guidance shifting that you had said was ideal, was necessary. and now it is in place. but there are some questions. for example, how much of it is based on the data and how much of it is based on the need of employers amid this omicron wave? >> i think that it is fair. i mean, when you think about how infections work including this infection, the virus sort of attaches to your nose and throat and begins to reproduce itself hundreds of times, thousands of times. that is when you are most contagious. and then you develop symptoms and those symptoms are based on your immune response. that is what causes the symptoms. so now you have symptoms. and as the symptoms come up, then viral replication decreases dramatically. by the time that you have no symptoms, it would be fair to say that you are shredding very trivial virus if any at all. so if you are asymptomatic, i think it is fair that you can break quarantine and i think that is conservative. so i think this is per about ef perfectly reasonable. >> the key part is if you are asymptomatic. of course when the news was announced that they were shortening this, that was the key phrase that people may have missed but needed to pay attention to. so do you think that people will be honest about whether or not they are asymptomatic and going back into their daily lives? >> no. i think that we have pretty much found over the past year that the trust system, the honor him is system, doesn't seem to work very well. i think that you could simplify it by saying if you are sick wait until you are not sick and then please wear a mask. and if you have been exposed, at least wear a mask for ten days. we've tried to divide it up to vaccinated and boosted as compared to unvaccinated or not boosted. but probably easier to remember wear a mask for ten days if you know that you've been exposed. >> and the fact that the honor system has broken towndown is al problem. so what about guidance for people who are vaccinated versus unvaccinated? has that changed at all? should it? >> so what they have tried to say is that if you are vaccinated and boosted, then you only have to wear a mask, don't worry about quarantining if you are exposed. but if youboosted or not vaccinated, you still have to quarantine for five days if exposed. it is hard to remember all that. what the easiest thing to remember, that masking. i think that masking is going to be the key for about the next six weeks. we'll be dealing with this virus in a major way for the next six weeks. first of all, it is winter. you will see an increase in cases and hospitalizations anyway even if omicron wasn't here. plus you have omicron which is much more contagious. and you have a virus which is slightly off target from immunity induced by vaccine in terms of location gets mild disease. that will protect you from severe disease, but not as well against mild disease. as dr. fauci said, there will be a lot of asymptomatic or mildly symptomatic infections. a flood of that. but this virus, where it will hit hard is people who are unvaccinated. and in our hospital for example, what we do, anytime a child is admitted to the hospital, we test them to see whether they have covid. there is clearly an increase in that number. but what there is not an increase this is children who are hospitalized because they have covid. so there is a disassociation between cases and serious cases. >> that is good news for parents. one thing that surprised me when the new cdc guidance came out yesterday is they did not recommend that people take a are a pid tesrapid test before endir isolation period. and that can often be a good way to know if you are still highly contagious. why do you think the cdc didn't take that step yesterday? >> if people are honest and they truly have no symptoms, the chance that they are shedding an amount of virus that would cause them to be likely contagious is extremely small. not zero, but small. so also it is hard to get tests. so i think that may be part of it as well. but again, it is the honor system. you really do have to be asymptomatic and that worries me. >> i want to just focus on the data. there are numbers that should get people's attention about the realty of what we're dealing with. inside is last week, we've seen a 61.5% increase in new cases. a 17.8 increase in new deaths. a decrease of 33.4% in the number of vaccines administered. that decrease in vaccines administered is simply insane to me. but do you think this new guidance that decreases isolation time for folks who are asymptomatic will help rather than hurt those indicators? >> well, in a better world, sure. in a better world people would be frightened enough by omicron and care enough about their own health and the health of the people they come in contact with to be vaccinated. obviously what we deal with in the hospital when we see children hospitalized because of covid, they are all unvaccinated. parents are unvaccinated. siblings are unvaccinated. anybody who cares about their health or people with whom they come in contact with will get vaccinated. and people who -- i'd like to see a study on who is getting tested. i imagine people who are getting tested care about their health, care about people that they are coming in contact with and therefore more likely to be vaccinated. but interesting to see those data. >> it would be interesting. but the thing is, it is so hard to get tests that it is hard to get people into that regular testing routine now that they are seeking them out, if you have to go to multiple stores, it is not encouraging to take a test. and i do want to ask, when do you think that this will peak? when will we see the peak of this omicron wave here in the united states? >> i'd be surprised if we weren't dramatically coming off of this by late freb. last winter we didn't have many people vaccinated or even naturally infected and we were coming down in mid-february. and i think that that would be true here and maybe earlier than that. so we just need to get through the next six weeks. vaccinate yourself. and if you have been exposed, please wear a mask at least for ten days. >> doctor, bucket ule up and hu down, folks. coming up, president biden pledges more work needs to be done to seease the shortage of covid tests as he grapples with yet another political blow. meanwhile, a top progressive urges biden to focus on "build back better" and says that he should use this workaround in order to deliver on his spending plan. and ahead, the lapd has released body cam video of a police shooting that killed a 14-year-old bystander while she was in the store's dressing room. what we're learning about the chaos that unfolded. edicine cab! less sick days! cold coming on? 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>> i wasn't. the buck stops with you. and obviously the coronavirus has surprised us at many points here. the delta variant and the way that took over in the summer was not something that had been specifically sxektsded. it it is one thing to say that we know that there will be varnltss and another to encounter them and high levels of transmissibility and obviously omicron is much more transmissible than what we've seen before. but no getting around that the combination of omicron, holidays where people were trying to get together, people were from us ra frustrated, the president has no choice but to acknowledge the frustration, say i see the problems that you're having and we'll do better. that is a practical step he needs to take. and the way the country is responding to the coronavirus is the critical variable right now for the success of his presidency. it has been from throughout 2021. there were times when it was better and his ratings were higher. but now it is worse and his ratings have gone down and this is something politically as well as a matter of public health and economics that he needs to deal with. >> no question about it. melanie, it is a whitewater world out there, full of unforeseen changes. but in january, when he released his covid plan initially, it included this statement, quote, for the past year, we could not turn to the federal government for a national plan to answer prayers with action until today. strong declaration. but i want you to contrast this with what he said yesterday. take a listen. >> look, there is no federal solution. this gets solved at a state level. i'm looking at governor sununu on the board here. he talks about that lot. and it ultimately gets down to where the rubber meets the road and that is where the patient is in need of help or preventing the need for help. >> is this a flip-flop or is this him rediscovering the beauty of federalism? because that is actually where problems get solved. >> clearly he is putting the owe thus back on states to achieve some of these testing rampups. but the administration needs to take a multifaceted approach. it is also masking and protocols which are done on the state level. but for the biden administration, it is really inexcusable to be caught flat fl flatted by omicron. they were slow in declaring mandates. and biden himself said in march that they were going to ramp up the ability to have at-home testing and that hasn't happened yet. so a little too much -- a little bit too late here for them to be actually ramping it up in time for the holiday season. and this could really cost them preliminarily. at the end of the day, voters will be voting on whether or not they feel like the country has returned to normal and it does not feel that way right now. >> john, if i could add on that one point, i think that was throwaway line from biden. i think biden was beginning a call from governors, and they have had 40 of these calls, and the reason is that there is an interaction between the federal government and state governments and i think that presidents always make reference to the fact that states have a lot of authority and we need to work this cooperation. i don't think that he was signaling that it is not my job anymore,s if your job. because he went on to outline the things that he was trying to do to catch up to the testing problem and acknowledging as we've just been talking about that we need to do better. but i think somewhat more has been made of that little sort of polite beginning of the conversation than is warranted. >> i do think that it will be worth watching because governor hutchinson also told the president that there was a concern that his plan by the federal government to distribute half a billion tests for free to homes to people who apply for them online could hurt resources that are going to states. and that is something that he talked to biden about yesterday. melanie, i do want to ask about another thing happening here in washington, the president's domestic agenda and the "build back better" plan seemed to be derailed when senator manchin said he could not support it as it is right now. but now of course congresswoman jayapal says that to immediately improve people's lives, taking executive, will make clear to those who hinder "build back better" that the white house and democrats will deliver for americans. so she wrote that, but is there really a viable path forward for president biden to use executive action to get his agenda passed? >> well, democrats certainly the reality is setting in for them right now. "build back better" is dead in its current form. the clock is ticking toward the midterm. so they are searching for a backup plan and that is why you are increasingly hearing progress sieves like jayapal calling on the president to use executive action. but the problem is biden is pretty limited in what he can actually to with his pen. if there is stuff he could have done, he probably would have already done it by now. and anything that he does accomplish through executive action could be overturned by a future republican president. so this is really like a last resort for democrats, but the feeling right now among democrats is that if they don't achieve on some of these priority, it will depress voter turnout in the hmidterms. so they are scrambling for a way forward. >> i think if it were that easy for the president simply to do it, they wouldn't have been knocking themselves out trying to get joe manchin on board. this is something that is borne i think of frustration not a practical approach to what biden wants to do. >> and of course legislation as melanie noted would be longer lasting. thank you both for getting up early with us this morning. coming up, she was 14 years old and trying on dresses with her mother when she was fatally shot inside a store dressing room by the police who were aiming for a suspect. authorities now have released the body cam footage. and the jury in the ghislaine maxwell trial still trying to reach a verdict. as deliberations resume just hours from now, what jurors wanted from the court as they weigh her fate. 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. ♪ ♪ throughout history i've observed markets shaped by the intentional and unforeseeable. for investors who can navigate this landscape, leveraging gold, a strategic and sustainable asset... the path is gilded with the potential for rich returns. when you have xfinity xfi, you have peace of mind built in at no extra cost. advanced security helps keep your family protected online. pause wifi whenever for ultimate control with the xfinity app. and family-safe browsing gives parents one less thing to worry about. security, control and peace of mind. with xfinity xfi, it's all built in at no extra cost. a heartbreaking story, the lapd has released new body cam footage that shows what led up to the police shooting death of a 14-year-old girl in a north hollywood california store last thursday. the footage shows a suspect brutally assaulting several people in a burlington coat factory. at least one police officer fired several shots at the suspect and then made a shocking discovery. josh campbell has more on the story. >> reporter: we're getting new insight into chaotic scene inside that california department store as the suspect went on a rampage attacking customers. i want to work our viewers that the new body camera footage is graphic, disturbing. this is the moment when an officer made that decision to try to stop a threat also resulting in the death of a 14-year-old child. >> she's bleeding, she's bleeding! >> reporter: new body cam video the events that led up to the shooting of a 14-year-old girl last thursday at a north hollywood store. the footage shows the suspect assaulting several women at a burlington store before police arrive guns drawn. 911 and radio calls around noon thursday reported an assault in progress. and then confusion over whether there is a possible active shooter. >> guys with their guns just shot. >> shooting just occurred. >> reporter: police body cam footage shows when they arrived, they saw the suspect hitting a woman. and then found her hurt and bleeding after she was hit repeatedly in the arms and head with a metal clock. police located the suspect daniel lopez nearby. and at least one officer fired several shots that killed him. no gun was found near his body as officers searched the scene. and then police made a disturbing discovery. >> unbeknownst to the officers, a 14-year-old girl was in the changing room behind a wall that was behind the suspect and out of the officer's view. she was in the changing area with her mother when the officers encountered the suspect and the shooting occurred. >> reporter: police say that they believe she was hit by a bullet that entered the dressing room wall. >> they discovered that she was struck and determined deceased at scene. >> reporter: the girl was shopping with her mother when she was killed. she died from a gunshot wound to the chest. the los angeles medical examiner listing her death a homicide. police also described the suspect's earlier movements as released closed circuit video from the store. s >> the suspect smashed a computer and took the he escala down and he assaulted another vehicle. and she resisted. >> reporter: they are investigating the officer-involved shooting. and the girl's family mourning the loss of a young girl killed while out shopping just two days before christmas. obviously a tragedy, this community now in mourning after the loss of that child. this video showing what these officers were dealing with. they were trying to stop a threat, but also raising questions of course about whether the officer who opened fire should have known what was beyond his target based on a new law that was signed last year by the california governor, this matter will now be investigated by state department of justice who will hand over their report to state prosecutors who will determine whether any charges are warranted. >> a tragic story. josh, thank you very much. with more, let's bring in our legal analyst a reva martin. or course there are major questions for the lapd. what does it say about how quickly they leased this body cam footage that josh showed us? >> it definitely says that there is a change that has happened with respect to policing in the city of los angeles and i think in cities across this country. police are definitely sharing body cam video, holding press conferences and attempting to be more transparent with respect to officer-involved shootings. just maybe a year ago, definitely several years ago, it is doubtful that we would have seen this video so quickly. >> and assistant chief at the lapd said that the suspect they thought was armed though no firearm was found on or near him. they did find what was a very heavy lock near him which they believe was used in this assault. but josh was talking about because it involves the death of an unarmed person, that means that it will be investigated now by the state attorney general? >> absolutely. governor newsom signed into law last year a piece of legislation that requires these types of shootings to be investigated now by the state attorney general. that legislation was offered by lawmakers in california who believe that local district attorneys oftentimes had conflicts of interests with respect to investigating police officers involved in these types of shootings. there is also a high profile shooting in 2018 involving a clerk at a trader joe's grocery store, that officer was never charged even though a civilian was shot as they were trying to apprehend the suspect and the community was outraged by the fact that that officer didn't face consequences. this law signed last year gives the public more confidence that when officers are involved in shootings, that an independent agency, in this case the state, will conduct the investigation and make determinations about whether the officer should face criminal charges. >> so based on what we know so far, do you think that this is a situation where this officer could face charges if it is determined that his actions rise to a level of criminal negligence or recklessness? >> i definitely think that there are lots of questions. obviously a 14-year-old girl or anyone shouldn't be killed while shopping in a department store while trying on clothing in a dressing room. and there are questions about whether this level of force was appropriate, about whether an officer should fire a rifle in a crowded department store if he is not certain about who else may be in the leaine of fire. there are questions that the family and community are asking. right now the city of los angeles is going through this process of reflection about what it wants from its police department and there are serious questions about kind of the warrior mentality that has been used to train officers and whether situations become too heightened, escalation of violence happens in situations when police can deescalate situations and avoid the kind of senseless killing that we saw with respect to this 14-year-old girl. so lots of questions to be asked. and definitely the possibility of criminal charges i think are on the table at this point. >> we'll be watching to see. it was a crowded department store during the holiday season. obviously a very busy time. and so we're just so sorry to this girl and her family who is now dealing with this. areva martin, thank you so much for joining us this morning. >> thank you. and up next, china is tightening its lockdown measures in one city as that nation battles the biggest covid-19 outbreak in nearly two years. plus, talks betweens moss moscow and washington tentatively set for the new year. we'll hear what the white house is saying now. anna could only ie a comfortable night's sleep without frequent heartburn waking her up. now, that dream... . ...is her reality. nexium 24hr stops acidid before it starts, for all-day, all-night protection. can you imagine 24 hours without heartburn? we're carvana, the company who invented car vending machineses and buying a car 100% online. now we'v've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your 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resisting the lockdowns. our correspondents bring you the latest headlines from across the globe. >> and this beijing, authorities insist that everything is very much under control even though the ancient capital recorded 175 new locally transmitted cases on monday, a record for chinese city since march 2020. but officials say this kind of numbers is only on to be expected as they continue to conduct city wide testing. state media has quoted experts saying that this outbreak could be over in a month with the spread of the virus being stopped as a vehicle lockdown remains firmly in place. >> and in rome, a spike in covid-19 cases fueled by the omicron variant all across europe has led to a variety of new restrictions. here in italy, it is now mandatory to wear face masks outdoors. we're outside of a testing center where people here aren't necessarily getting tested because they feel symptomatic, they want to meet with friends and they want to know that they are covid-19-free before they do that. but some of the restrictions have been met with violence protests. in germany, people gathered to protest against restrictions there. 12 police officers were injured in clashes overnight as people there tried to resist against the restrictions ahead of new year's. and in jerusalem, on a day when and bennett said that it w be hit with a contagion storm. on monday the caseload hit almost 3,000, its highest levels since early opctober. omicron variant cases doubled over the weekend. and the medical center just outside tel aviv claims it is the world's first trial of a fourth dose of covid vaccine on healthy patients. results are expected by the end of the week. and russia state media says talks about between moscow and washington are tentatively set for january 10 in geneva, the white house says talks are under discussion, they have not officially confirmed a date or location publicly yet, but this does come amid tensions over russia's military buildup on the border with ukraine and russia wants guarantees that include a binding pledge that nato won't let ukraine join the military alliance. th n nic robertson is live for us. what do you expect from the talks if they go forward? >> reporter: russia has pressed for these talks and said that absent a diplomatic political track, the only option left will be a military track. so i think in that context, there is a potential here for better degree of understanding between the united states and russia about what is happening on the border of ukraine over the weekend russian officials announced that they were pulling back 10,000 troops who have now completed what they say was sort of a pre-planned standard winter training. they have gone back to their permanent bases. and it is not clear yet what is going to happen to the other estimated 60 to 90,000 remaining russian forces that are close to the border with ukraine. that still remains a concern. and also we understand from russian officials that it looks like that they will -- or are on the path to accepting nato invitation for talks on the 12th of january. so that would come just after those potential talks with the united states at the moment. so there is diplomatic political track that russia nltsz with aed wanted is open, but it is still not clear what is in vladimir putin's mind. he has made it clear on the issue of not wanting nato forces to put troops or military equipment inside ukraine and obviously not allowing ukraine to join nato. but what else is he going to want and expect from these talks. only indications we're getting from russian officials right now is that the talks may go on for quite a while. i think that is this a real work in progress and so unclear president putin's final aim here. >> and of course a big question is when those troops are redeploying, are they taking the military equipment with them as well. nic robertson, thank you for joining us. a shooting spree in colorado has left four people dead and several others injured, and we have the latest on all of that, next. and in a couple hours, jurors in a criminal fraud trial of elizabeth holmes will resume deliberations. what should we expect in court today, that is next. this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. a shooting spree in colorado spanning four locations in the denver area and leaving four people dead. the suspected gunman has also died. police say one officer was injured after a shoot-out with that gunman and lucy kafanov is joining me now. what are you hearing from authorities on the latest there? >> reporter: good morning. so many more questions than answers at this point. police say that first shooting began just after 5:00 p.m. local time in central denver where two women were killed and a man was injured. the suspect then moved a few blocks away, killing another man and at a third location a gun was fired but no injuries were reported. denver police then spotted what they believed to be the suspect's vehicle, they tried to pull him over, a gunfight ensued in which the police vehicle itself was disabled. the suspect then managed to flee to the nearby city of lakewood, police spokesman there said they got reports of shots fired at a local business. a gunshot victim was later found and pronounced dead at the scene there. when police found the car and the suspect, they say that he opened fire, they opened fire back, they shot back, he fled on foot to a hyatt hotel where he is believed to have shot a clerk and also shot and wounded a lakewood police officer who is now undergoing surgery. more gunfire was apparently exchanged and the suspect was then killed at the scene. the denver police chief says that they are just starting to piece together what happened. take a look. >> as far as what started it, that is part of the investigation. we need to really dig in and find out what the motivation behind this was. >> at this point only believed to be one suspect. we have our s.w.a.t. team who is going through a large area behind us to clear the area to make sure, but at this point, we do not believe that there is any additional threat to the community. we believe that there was only one shooter. >> reporter: and as the denver police chief told reporters last night, this is the holiday season, to have this type of spree take place in this community is not normal. >> a crazy scene playing out. we'll stay with you on the latest details as we get them. and today juries from separate trials of elizabeth holmes and ghislaine maxwell will reconvene for another day of deliberations. maxwell has pleaded not guilty to six federal counts related to what prosecutors say are her efforts to groom and traffic underage girls to be sexually abused by the late convicted sex offender jeffrey epstein. elizabeth holmes faces 11 counts of fire fraud and conspiracy to commit wire fraud over charges that she lied about her company the theranos' technology while seeking investments for her business. let's bring in in a former prosecutor to discuss the latest in these two high profile cases. bernardo, great to see you. in both cases we're seeing the protracted jury deliberations. in general, is that good sign for the prosecution or defense? >> both sides live to see another day because they have hope, another day of hope. what this does show us is that neither of these two cases are open and shut because the jurors are still having a tough time in reaching a unanimous verdict. >> so let's talk about the maxwell trial. on monday, most of the jury notes seem centered around victim jane. tell us about that and what it tells you. >> so in regards to victim jane, victim jane was the first victim that testified at the beginning of the trial, and i was in the courtroom when jane testified. so in regards to jane, it seems that the jury is having a tough t time, some divisiveness within the jury as to whether they can believe jane, her testimony. how do we know that? because aside from requesting her testimony, they also requested the testimony of matt, the ex-boyfriend of jane. matt testified right after jane. and matt testified on the very same danish to that, matt was not cross-examined by the defense. so i wonder if the defense is thinking, wow, is this going to come back and bite us. >> and on the elizabeth holmes trial, she made the decision to testify. ghislaine maxwell did not testify. and holmes admitted to doctoring key documents, using commercially available machines rather than the proprietary technology that theranos proclaimed to have. c do you think her testimony helped or hurt her in the eyes of the jury? >> obviously the testimony of elizabeth holmes helped her because the jury hasn't reached a determination yet. but she didn't have a choice. she had to testify. because only she could be able to avail herself because she tried to say that she was under the guise of another. and also needed to connect herself to the jury in the sense of look, i was a striving investor, i was a business owner, i really believed in my invention and knew that it would make a massive breakthrough in health care. so they needed to determine was this an act of creation or an act of deceit. did she bamboozle the investors. >> i appreciate the word bamboozled, but there is a basic difference between innovating and just shear invention. and misrepresentation. one last question to you. one of the factors that straddles these two different cases, in both cases the defense is saying essentially these women are made scapegoats of the bad actions of other men. holmes partner and of course jeffrey epstein. w will that defense fly? >> in the case of elizabeth holmes, i don't think that it will fly. it was presented that she is a strong woman, she is a smart woman,governed by someone else. and it takes that type of woman to be able to run a one-time $9 billion valued company. so i think that that will fall flat with the jury and especially since she had to testify. i'll tell you that because of the defenses of where they are saying that she was under the control of sony, that s control of sonyonny, that is whe is not being tried at the same time. in the case of ghislaine maxwell, yes, she was under the guise of jeffrey epstein, but guess what, there was no testimony about that, that was merely argument by the defense attorney, but there was nothing in evidence to show that ghislaine maxwell was under the guise of jeffrey epstein. >> alrel right, appreciate it. thank you very much. >> thank you, john. coming up, a travel nightmare is setting up from coast to coast as holiday travelers try to return home. we'll have a live weather report next. and a fourth college football bowl game has been canceled because of covid. which team just pulled out and which fans are about to be disappointed. n♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. i like that my plan is built just for me. arugula, you get an extra... with the new ww personalpoints program, you take an assessment, enter your goals, the foods you love and what fits into your lifestyle. you don't have to eat diet food. i can enjoy the things that i really love like wine, cheese. you can add points for eating vegetables or being active. i lost 26 pounds and i feel incredible. the all new ww personalpoints program. start the new year with three months free. join today at ww.com. hurry, offer ends january 3rd. my nunormal? fewer asthma attacks with nucala. a once-monthly add-on injection for severe 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temperatures right now across the deep south in the upper 60s to low 70s, so in houston, 72 x degrees right now. and in the northern tear owing of of the country, temperatures won't even get babove zero. this is the second storm system just on the heels of the one that we had yesterday, so pretty of the same areas getting snow with this. chicago could even get a little bit of snow, minneapolis, that is where we could see some travel trouble. and then as it tracks to the east, we'll see snow continue across the great lakes, new england and then the storms. the strong storms develop on the south side of this. you can see by 1:00 tomorrow afternoon, some intense storms starting to develop across the south and they will march to the east. so that looks like a wednesday event. and then clearing out by thursday. could see another round of severe weather though as we get into the weekend. so your main threats will be isolated tornadoes, damaging winds, large hail. and then there is your rain and snow forecast, several inches of snow, could see several inches of rain as well. >> a lot of crazy weather out there. jennifer, thanks so much for updating us. and we have bad news for boise state fans. looks like covid has forced them out of their bowl game. but carolyn manno has perhaps a silver lining for their opponents. >> this is like a very bad game of musical chairs. this is not fun for anybody. but all of these college bowl organizers are just trying to figure it out and ensure that they can play as many games as possible and also ensure that as many players as possible have a chance to finish up their seasons and for some their careers. but yes, the latest news from boise state, the arizona bowl unfortunately is canceled. boise state the latest team to miss out. the broncos were supposed to play against central michigan on friday, but officials are trying to scramble to find a new opponent for the match-up. they did decide to take the sun bowl slot vacated after miami had to withdraw due to covid issues. so central michigan will relocate to he will pass so he to play washington state on friday. meantime 96 nfl players tested positive for the coronavirus yesterday alone. saints had two 2s 20 men on the reserve list. and ian book, fourth starting quarterback of the season was harassed all night by the dolphins defense, picked off twice, sacked eight times. big moment, but he wasn't ready. and jalen waddell on the other hand had a pretty big night, a touchdown on this misdirection play. so the dolphins pick up the win and they have won seven straight after losing seven straight. no team in nfl history has had streaks like that in the same season. and just one other note for you with the cdc shortening of isolation guidelines, the nba is now allowing vaccinated players and coaches to shorten their time in quarantine as well from 10 days down to 6 if they are tested and no longer deemed infectious. >> all right. thank you so much, your day continues right now. welcome to our viewers in the united states and around the world. it is tuesday, decembe