congress dying at the age of 82. his wife said he passed peacefully this afternoon following a four-year battle with pancreatic cancer. former president barack obama sharing a letter he wrote to harry reid ahead of his passing with this quote: "i wouldn't have been president had it not been for your encouragement and support, and i wouldn't have gotten most of what i got done without your skill and determination. most of all, you've been a good friend. as different as we are, i think we both saw something of ourselves in each other, a couple of outsiders who had defied the odds and knew how to take a punch and cared about the little guy. and you know what? we made for a pretty good team." chuck schumer tweeting tonight and perhaps not surprisingly one-time middleweight amateur boxer sa boxer saying harry reid was one. most amazing individuals i'd ever met, he never forgot where he came from and used those boxing instincts to fight for those who were hurting, the poor and middle class. he's gone but will walk by the sides of many of us in the senate every day." and the news of hall of fame coach turned broadcaster john madden has died unexpectedly at the age of 85. nfl commissioner roger goodell saying nobody loved football more than coach. he was football. there will never be another john madden and we'll forever be indea indebted to him who made football and the nfl in what it is today." and john madden led oakland to the playoffs eight times. madden covered 11 super bowls for four networks and we've got a lot more on this in a moment. but i want to begin with dana bash on the life and times of harry reid. >> reporter: he led democrats in the senate for a decade but harry reid called one of his proudest accomplishments the impact he had on presidential history, encouraging barack obama to run. >> i did call him into my office and tell him he should take a look at it. he was stunned because i was the first one who had suggested that to him. when he was re-elected, that was one of the most moving phone calls i've ever received because he said you're the reason i'm here. >> reporter: he spearheaded epic legislative battles like obama care with the skcrappy style he learned in childhood. he was born in essentially a truck stop outside las vegas, grew up in a shack with no running water where this trailer now sits. he took us there in 2006. his mother did laundry for the local brothels, his dad always looking for work at a miner. during that visit to search light, he casual live pointed out where his father took his own life at 58 years old. >> this house right here, that last room is a bedroom. that's where he killed himself. >> reporter: he fought his way out of bofrt as a boxer. as a politician, he was never afraid to punch below the belt. he even took on the mob as a young politician in las vegas. a wide variety of adjectives have been written. scrappy, tough, blunt, canny behind the scenes, mastermind, ruthless. are all those fair? >> if that's what people think, that's what they think. they're entitled to their opinion. >> he was a polarizing figure. >> seeing the turning of the tide -- >> reporter: but he revelled in playing the political wad guy calling president george wncht bush a loser and liar long before politicians used those "l" words. >> i don't really care. i don't want to be somebody i'm not. >> reporter: during the trump presidency, reid changed his tune about bush. >> in hindsight, i wish every day for a george bush again. we had our differences but no one ever questioned his patriotism. there's no question in my mind that george bush would be babe ruth in this league that he's in with donald trump. donald trump wouldn't make the team. >> reporter: in 2012 he used the senate floor to accuse mitt romney of not paying his taxes, even though he had no evidence. >> he's refused to release his tax returns. let him prove he has paid taxes because he hasn't. i don't regret that at all. >> some have called it mccarty yooit. . >> they can call it what they want. romney didn't win, did he? >> reporter: years later, he asked to meet with mitt romney. >> shook hands. >> reporter: why was it important to tie up that loose end? >> i do that with everybody. >> reporter: he had fierce loyalty from long-time aides. he often told colleagues he loved them, even in public. >> i love you, john kerry. >> reporter: he had a story book romance with his wife, his high school sweetheart. the two converted to mormonism together when they married. >> she had a pair of levis and i said, man, you just look so good. >> reporter: that's amazing. >> but it's true. >> reporter: in january 2015, reid, a workout addict, who ran numerous marathons, had a brutal exercise accident that left him severely bruised and blind in one eye. it cemented his decision to retire. a few years later he was diagnosed with pancreatic cancer. the effects of keechemo made it hard for him to walk. we went to see him in las vegas. >> reporter: that's one of my keepsakes from donald trump. >> reporter: never any complaints. i'm doing fine. i'm busy. i work quite hard. >> reporter: he was an unlike live political leader in today's media age, soft spoken and gaffe prone but played the inside game like no one could. >> i didn't make it in life because my ethnic prowess, i didn't make it because of my good looks, i didn't make it because i'm a genius. i made it because i worked hard. one of the things that i hope that people look back at me and say if harry reid could make it, i can. >> i want to bring in cnn presidential historian tim neftali and political analyst david geergen to talk about these issues. i want to begin with you first, tim. i'm happy you're here to help contextualize. i always look forward to your insight on issues like this. former president obama said he would not have been president had it not been for reid's encouragement and support. that's quite a statement to make of a former president of the united states. what was the impact of harry reid on american politics? >> well, harry reid will be remembered and he'll be debated about because harry reid was extremely successful and effective at a period of high partisanship in congress, a period that continues. and there are many who will argue that he went too far in using the nuclear option to eliminate the filibuster for judicial appointments other than the supreme court. what is absolutely clear and i think is beyond debate is that it was essential for barack obama to have harry reid as a partner during the debate over the affordable care act. obama care would not have happened without the legislative wizardry of harry reid. and barack obama is not the only president to have benefited from harry reid. george w. bush and there is no love loss between those men, george w. bush and harry reid worked together to deal with the great recession. it was a democratic congress that passed the bush administration's approach to the great recession and harry reid was there doing what he felt was necessary for the nation at a very difficult time. >> i want to bring in david as well. obama made the point that they made a good team, as tim was talking about, and that he wouldn't have gotten most of what he accomplished without reid. tell me about that, the economic stimulus, obamacare. he pushed a lot through the senate, right? >> those are harry reid's finest hours. yes, he was very good during that period of time. obama was enough to the presidency and he needed someone like reid in effect to mentor him to be help him along and help him navigate the complexities of the senate and the house. he did very, very well with that and i think harry reid will always be remembered as a father of obamacare. at the same time one can't ignore the other side of the ledger and that is did he show wisdom, was he helpful or not with regard to the filibuster, which is part of today's controversy. he used a nuclear option as we called it at that time to blow up the filibuster and especially for people who were appointees of the president or appointees to the courts. and what that has done and one of the reasons it's so controversial for joe biden now is it violates a lot of the views of what the founders believed and that is that power -- if you are weren't careful, power could accumulate and all three branches of government controlled, in effect, by the same party. adam said that would be the very definition of tierney, to have all power in the three branches of government. the filibuster prevented that and it's coming back now. it may help biden in big ways on some things. but harry reid way back when, when he got rid of the filibuster, you're going to come to regret it. three conservative justices might not be on the court had it not been for the demolition of the filibuster. >> that's an interesting point. it's heavily debated now. the senate did make exception to raise the debt ceiling. it can be done for certain things in the interest of the united states as well. i want to read what former president clinton said, writing in part, "he was a canny and tough negotiator who was never afraid to make an unpopular decision if it meant getting something done that was right for the country. we will likely never see another public servant quite like him in personality, command of strategy and tactics and assuredness of marching to the beat of his own drum." he was as you laid out a controversial figure, a boxer, he never forgot where he came from at all. that was very, very near and dear to his heart, even to the end. >> absolutely. he had very sharp shoulders. he was stubborn and tough and he wanted to get the job done. and as david mentioned, he used an approach in 2013 that arguably opened the door to mitch mcconnell as decision in 2017 to eliminate the filibuster for supreme court nominations. and of course as david mentioned, that helped put three conservatives on the court. >> and so did mitch mcconnell, by refusing to give even a confirmation hearing of at least one person. we can't leave him out of the equation in terms of what led up to having three supreme court nominees all being confirmed when one was under a former president. david, i want to turn to you. president biden is struggling to pass his legislation, a lot of his initiatives. congress of course looks very different now with democrats holding the very slim majority but what are the lessons for the biden administration and how reed operated in could they use a reid now or are there lessons now? >> i think they could use the toughness of harry reid. he was a boxer and he brought it right into the political ring. he didn't mind being very pugnacious and he held sway as a result of that. but he left in the wake these very, very tough decisions now with biden and the enormous pressure coming from his left, mostly from the progressives to get rid of the filibuster so they can get some things done. the democrats are being blocked now, even though they have a slight majority, they're being blocked by the filibuster and there's a real push on for the voting rights bill and the democrats almost unanimously support the restoration or the protection of voting in the country and yet it may not happen unless you get rid of the filibuster. you get rid of the filibuster long term, you may have invite the very problems we're seeing now that mitch mcconnell cleverly identified way back when. it's not just the three on the supreme court. there were a rash of judges appointed by trump and they would not have been there had the filibuster existed. >> the federal bunch is an article iii court. i'll talk to stacey abrams later in the show and get her take. you also heard dana present reid with how people described him, scrappy, tough, blunt, mastermind, ruthless. he didn't dispute it, did he? >> he was. he was all those things. and i think people were always taken aback by it. he was not a big, muscular guy. he was somewhat slight as an individual but he was tough. he was loyal to his friend and certainly little for the tiny little place that he came from. and he was proud coming up in the way he did. you can't deal with harry reid without seeing there was a complexity there that is really, really striking, many good things accomplished, some things that are really, really questionable now money. >> david, tim, thank you both. he will be debated but his legacy certainly is one enviable to so many. thank you. >> thank you. >> you know, another legend passing away today. we're talking about nfl player, coach and broadcaster john madden, who has unexpectedly died at the age of 85. stay with us. so every touch will protect like the first. pampers 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. breaking news. nfl legend john madden died unexpectedly today at the age of 85. as a coach and broadcaster, madden was known as a larger than life figure in football for decades. cnn's andyle scholes has a look at his remarkable career. >> i have never worked a day in my life. i went from player to coach to a broadcaster and i am the luckiest guy in the world. >> reporter: super bowl winning coach, pioneer winning broadcaster, video game icon, a larger than life personality, john madden was by any definition a true original. during his 30-year broadcasting careers, he was wide lly considered the voice of the national football league. his passionate way of calling game with unique catch phrases and his love for using a telestrator helped explain the game to hard core and casual fans across america. he called nfl game for all four major networks announcing 11 super bowls and earning 16 sports emmys during his time in the broadcast booth. his playing career was short lived, drafted in 1958 which the philadelphia eagles but a knee injury cut it short. that's when he tried his hand at coaching, backing the youngest red coach in history at the age of 33. in 1977 he led the oakland raiders to a super bowl victory. he was inducted into the pro football hall of fame for his coaching career in 2006. madden was a television advertiser's dream becoming the pitch man for numerous brands. >> let me tell you, ace is the place for me. >> reporter: in 1988, madden entered the video game world lending his voice and name to what's now called madden nfl. >> anything that goes that far that fast ought to have dinner and an inflight movie. >> reporter: his game is the most popular video football game ever, selling more than 100 million copies wiorld wide. his passion for the game is what will always be remembered. >> some of us think maybe we will be immortal, we'll live forever. when you really think about it, we aren't going to be. i say this through this bust with these guys in that hall, we will be forever. cjoining me now is monte jones and the host of "bemonte jones." once thing you said was it's a reason people of our generation fr frankly don't appreciate any other color common tentator in football. >> you look at his coaching career all the way through and even the advertising, he was a regular dude. there was a very approachable quality to him where football coaches now are much more slick ceo types and ultimate live very boring. you never said that about madden. but there was something very tangible about him. he looked almost like dan connor from "roseanne" going to work. then he became a broadcaster. he was so much like a teach are where he really enjoyed what he was talking about and always explained it in a very digestible way that was never intended to show you how much he knew as much as how much you could learn and pick up to it. the video game to me, that's like jimmy dean on the sausage almost. that's a very secondary part of what he was. for a significant portion of time, especially those of us who grew up at the tail end of the error in this country, you look at john madden as someone you knew. >> when you heard him do commentary, you didn't great the feeling you wanted to hear the game, you wanted to hear him. he was a head nfl coach at just the age of 32. explain just how big of a deal that is, 32 years old, a head coach in the nfl? >> well, not just 32 but i know at the time he retired he had the highest winning percentage of any head coach. the raiders were one of the marquee franchises in the nfl in the 1970s. you work for al davis, he's going to do a whole lot of what's going on there. but with madden, leading this kind of outlaw franchise, it's very interesting he is such a beloved figure because the raiders are not a universal ly beloved sort of organization. to be that young and be able to coach a team and be consistently successful and when he left, it wasn't because he wasn't winning, it was because he became terrified of flying, which became another human part of the story. >> minnesota is still mad about the super bowl. i'm going to leave that there for a second. you say that madden haset an unre unreachable standard. tell me what that means. >> the thing with madden was as a communicator, the ability to do it in a conversational tone while also be informative and never be condescending is just really, really hard to do. for all these people who do the color commentary job on football, nobody really has a really high over i.q. rating. it's hard for anybody else to live up to that. when you start talking about jerry rice of the greatest wide receiver of all time or jim brown is the greatest running back of all time, those are things nobody argues with you about. john madden is the greatest sports broadcaster on television of all time, you're not going to get anyone to argue with you about that either. >> people will miss the enthusiasm he brings to the game, his phrasing, things like wham and boom and doink and i think about john mad general, y -- madden, we are both 41. every person i knew was always playing madden. he was somebody that pehe associated. he essentially was the brand of the nfl and he had a staying power. how did he have the staying power? was it the madden bust, the you a theauthenticity? >> i think the authenticity is the thing. it wins out above all else. but as a broadcaster, you got to provide for lack of a better term a service to the people listening to you. so madden stopped being in the background, which is where most broadcasters really are and his partner, pat summerall is so good at being in the background, knowing when to get in and when to get out. madden used a lot more words. you were always better off with the commentary you got from him. f it was so explanatory. i did think i was learning things about football. he's like the football version of "schoolhouse rock." it's medicine but it tastes good. >> everything but the sound track. thank you so much. nice talking to you. >> all right, you, too. >> the u.s. has now hit a record number of covid cases. this is two years into the pandemic. what you need to know after this. my name is douglas. i'm a writer/director and i'm still working. in the kind of work that i do, you are surrounded by people who are all younger than you. i had to get help somewhere along the line to stay competitive. i discovered prevagen. i started taking it and after a period of time, my memory improved. it was a game-changer for me. prevagen. healthier brain. better life. ♪ if sweat is your body's natural way of cooling itself down, then condensation is a beer's natural way of saying “drink me.” (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. 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. the numbers don't lie. a record breaking surge pushing the average of new covid cases in this country higher than it's ever been before, passing 256,000 tonight. joining me tonight, medical director of baylor college of medicine. doctor, i'm glad you're hear. i'm sorry it's for this reason, though. the u.s. has hit a record average number. we're two years in by the way. the cdc is now saying omicron caused 58.6% of enough cases in the last week, just last week. that's lower than previously thought. is the worst of omicron yet to come? what rare you thinking, doctor? >> i don't think we've seen the worst of omicron yet. but we do still have delta in the mix. i believe omicron will continue to surge and i'm not sure how high those numbers are going to go but they're going to be higher than what we're seeing today. >> what are you seeing in your hospital and what are you hearing from other doctors right now? you're from texas. they had a different approach to covid restrictions. what rare you seeing now? >> i didn't work clinically today and i logged in to the computer and almost of complaint was shortness of breath, runny nose. people are coming to get a covid test at the hospital because they can't get tested anywhere else. emergency departments are full, waiting rooms are full and people are getting very sick. >> it's surprising people going there for a test. you're not wanting to be around an emergency room because you'll be exposed to people infected. with the shortages right now, is there a difference that you're seeing for the symptoms between the omicron variant and the delta variant? we're hearing one may be less severe or different. is that true in practice? >> it seems so far that omicron is a bit milder than the prior variants that we've seen, but the caveat to that is we're seeing so many cases of omicron, even though in general it's a milder variant, there are still going to be those people who end up very sick and need to be hospitalized and need to be in the icu. so the hospitalization numbers and the death rates are still picking up, though slower than the caseloads. >> that's an important point. people should not rest on their laurels and think it's less severe, never mind. it's still very serious, still covid-19. it's still a variant at this point of course. what do you say to people who are vaccinated or even boosted. are you seeing people getting infected the same rates? is it less? what's happening on the ground? >> people vaccinated and boostered are becoming infected less than those who are not vaccinated but break through infections are occurring but those vaccinated are not dying. we really have to change our mindset when it comes to covid-19 and these vaccines because i see a lot of people that are upset when they get break breakthrough cases. the vaccines were not designed to get you from getting covid. they were designed to prevent you from dying from covid. >> i wonder what you make of the cdc. there's been some pushback for them cutting isolation from ten days to five days if someone tests positive. should the enough guidance have included a testing component and some nuance between those who are unvaccinated and those who are vaccinated? >> absolutely. those are two huge points that were in the net of holds in the cdc guidelines. those guidelines are a double edged sword. we need to figure out a way to cut down the isolation time for people who are recently vaccinated or vaccinated and boosted while being asymptomatic, we know their risk of transmitting covid is very, very low. so isolating ten days was a bit egregious. again, we're not distinguishing between those who are vaccinated and unadvance nated, we're not creating any kind of test out strategy in order for people to come out of isolation and we're also not distinguishing between the types of masks that people need to wear when they come out of isolation. all the guidelines say is it should be well fitting when they should mention that people should be wearing kn-95s or n-95s. >> people think what's the point of getting a vaccine if i can't do x, y, z. you don't want a disinscentive. you want every incentive possible. >> congressman john has claimed that mouth wash could kill covid but now he's saying this. listen to this. >> we all hoped and prayed the vaccines would be 100% effective and 100% safe but they're not. we now now fully vaccinated individuals can catch covid, they can transmit covid so what's the point? >> this was your earlier point, right, the idea of thinking about people being dismissive of what it actually was for or just getting it wrong as to what it was for. what do you make about that statement? >> we always knew that these vaccines were not 100% effective. nothing in medicine is 100% effective. furthermore, we always knew just because you were vaccinated didn't necessarily mean that you couldn't contract covid. but the early strains of covid were so well attacked by the vaccine that a lot of people who were vaccinated were not having breakthrough infections. as the virus mutates and begins to evade immunity, we're seeing a bit more breakthrough infections but that does not mean the vaccines have no point to them. the point of getting vaccinated is so that you don't wind up in a hospital and up don't wind up in a grave. >> dr. bicette, i'm glad we got a chance to talk tonight. the vice president says democracy itself is at risk if voting rights legislation does not pass. well, up next, a woman who has been trying to do something about that is here. stacey abrams is up next. 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 there's battle over redistricting playing out in key swing states all across this country, but it seems like republicans, well, aren't winning the fight. they control the process in 20 states that include 187 seats, while democrats control the process in eight states, including just 75 seats. joining me now one of the nation's leading voting rights advocates, stacey abrams, running for governor of georgia, out with her first children's booked "stacy's extraordinary words." i can't wait to read it and hear them as well. president biden called harry reid, he just passed away today, he called him a giant of our history. president obama said he would never have been president without senator reid and reid made obamacare happen. how do you see his impact on politics and every day people? >> thank you for having me. i had the opportunity to speak with senator reid a couple of times, and each time i sat with attention listening to his wisdom, his insight and his very canny understanding of how politics work. he was a brilliant, brilliant strategist, and because of him we have health care for millions of americans. because of him we have a process that gives us a way forward on some. most intractable issues that we face. and i think that he is going to be sorely missed. >> and of course he made an indelible mark when it comes to areas around the filibuster as well, which is a very important aspect given the reluctance, shall we say, to actually change it or amend it or alter or eliminate it in any way to address voting rights. how do you feel about the legacy in terms of the filibuster and what can be done now for this very issue? >> when it comes to the filibuster, the goal is to make the senate work, to restore the senate to a functioning body. and we've seen glimpses of what that can accomplish when we have a functioning senate, we solve problems. we have seen the senate come together to respond to this pandemic, which is now stretching into year three. we've seen the senate work effectively to delivery le reli to communities and now we need protection for our democracy. i'm heartened by the conversations happening in d.c. among u.s. senators, having these conversations about what to do, and we've seen that not only did senator reed lay out a pathway, he wasn't the only one. we know that given the opportunity there are going to be other attempts to reform and restore the senate but this is the moment, in is an existential moment for our nation. democracy is not guaranteed. it is something we have to fight for as americans, not as partisan. i believe there is a way to restore the senate so we can defend our democracy together. >> there's also the ideas of the pillars of redistricting, we have census data coming in. we have lawmakers in 19 states who have passed 34 laws that are making it harder to vote this year alone and according to the the brennan center for justice, that also includes georgia and you're running for governor of georgia. is that going to complicate your race, do you think? >> it complicates the ability of georgians to participate in elections. this was an egregious attempt to silence voters who were in convenient to the leadership in the state. these are laws that unfortunately have become a pattern and have become a template for other states and we know starting in january other states are going to take up the call to make it harder to vote, to make it easier to subvert our elections and to enforce this notion that only those that we like or agree with us should be age able to be heard. i fight for americans to bible are so essential sense. they say regardless of your geography, democracy should work. we're fighting against incursions on democracies. that means everything from how we register and stay on the rolls to making certain that anyone who gets to vote -- has at least the opportunity to vote for someone that reflects their values. i want to high lie the area of redistricting because a state lawmaker draw districts that are even more partisan, "the washington post" is reporting they're not just trying to elect more republicans generally. they want pro trump republicans who will and help what does that mean four our democracy and its future? >> we know that the challenge of gerrymandering is that what it seems and it should not determine the quality and value that we have in our community. we know there are those who supported the insurrection who think it is their chance to make permanent their attempts to undermine our our ront is to you should have the ability to elect leaders who reflect your values and reflect your community. that's why we have districts. again, we shouldn't guarantee either party success. we should guarantee the people, who. >> we never heard about purdue. at the end of the day, as you've mentioned, this is really about preserving democracy, not just for ourselves but for our children as well. and you you have a a new book out today, fours kids. what are you trying to get. >> it's a story based on my first spelling bee and it's a story about perseverance, using your words to defend others and bleaching in you have a mission, you had v to stick with it, even if it seems hard. but most of all, it's about trusting yourself and making good happy sometimes you may be anxious or afraid. you might not like competition gp you are be persistent and persevere, can you create change. >> an extraordinary now are they learning the right lessons, are they understanding thes -- you think they want to be actual participants? >> i have theses and nephews to but they're also concerned about what their future looks like. their conversations they're having at this tender age that i never had to contemplate. and i want them to grow up understanding. i think every child has to believe they have a future in this country. but they're going to have to invest, lean in and do good and navigate tough spags and tough conversations. they're not always going to agree with everyone but they have the responsibility to try to listen and that's what democracy is. democracy doesn't guarantee you victory. it guarantees you a voice and that's what we should be fighting for for our children and for our nation. t >> the book is "stacey's extraordinary words" and they are. thank you for being here. >> thank you. and a 14-year-old was fatally shot by the lapd in a store dressing room after this. . i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? 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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 we're carvana, the company who invented car vending machines and buying a car 100% online. now we'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 license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. the parents of the teen girl who was fatally shot by the lapd speaking out today, saying she was full of happiness and big dreams. her mother was recounting the tragedy. saying heshe was with her daughr as the chaos unfolded. when valentina was hit by a stray bullet. the family is calling for justice and also transparency. joining me now, ben crump, representing the family of valentina peralta. nice to see you, but not under these circumstances. you've taken on so many high-profile cases. what was it about this case that really compelled you to help? >> it's one of the saddest of all the cases that i have ever represented. as a parent, as you and i'm sure many of your audience, you cannot imagine the pain and the grief that this family is experiencing. these parents, to be hugging and praying with your daughter, hiding in a dressing room at the burlington factory store, and suddenly there's commotion, a lot of smoke, and you see your daughter's body goes into c convulsions in your arms. i had to take the case because i'm a parent. if you have a heart, you say we want to help. we have to help. it's the humanity in us that says, we must make sure that there is accountability, there's some sense of justice for this beautiful little angel. >> and when you think about what that looks like, one of the things the family is calling for, and you are as well, is an independent investigation, and also for transparency. the lapd is claiming they're very transparent. released body cam footage apparently. here's a part of it. here's a warning, it's graphic and disturbing. >> slow down, slow down. let me take point with the rifle. >> she's bleeding. she's bleeding. [ gunfire ] >> are they withholding other information that requires additional transparency more than this actual video? are there more? >> if this was your child, you would want everything, you wouldn't want to have to speculate whether they've released everything. we know there is surveillance video from the burlington shopping factory. we know this was a shopping plaza with surveillance video, all of which lapd has possession of. they've released stuff, we believe, that they wanted to release. we think there's more, and we've told them to preserve everything. the real question is this, laura. were there less intrusive measures to where this 14-year-old little girl would not have ended up as collateral damage while she was shopping with her mother for a christmas dress? could they have taken more measured action, where they issued verbal commands, where they made sure that they could take him outside of the shopping plaza because it was foreseeable that two days before christmas, that there were going to be several people shopping. and so those are the questions that you ask, laura. and those are the questions that we want to get answered. they do training for these types of scenarios. what did the training tell them to do? we think that the training was not followed completely in this manner. and tragically, this little girl was left dying on the dressing room floor with her mother trying to wake her. >> tit's so heartbreaking. ben, thank you so much. and please extend our deepest, my personal condolences to the family as well. thank you, ben crump. >> thank you, laura. and thank you all for watching. our coverage continues. who will sign back in at 9 am tomorrow morning. orrrr... you could find the answer right now in slack. and give steve a break. slack. where the future works. hi, my name is cherrie. i'm 76 and i live on the oregon coast. my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been [click] put together. prevagen. healthier brain. better life. nearly two years into a pandemic, it is the last place anyone hoped to be. yet it is where we begin tonight. jim acosta here in for anderson. new cases of covid are now averaging more than a quarter million a day. that's a record. the number of kids hospitalized with covid is approaching the peak levels reached in september. there is late word from the fda that those home antigen tests which have been in such hot demand lately might not be as sensitive to the new omicron

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