over seven days the jury reaching a verdict tonight conspiracy trial of elizabeth holmes. the former ceo of -- >> the latest on the spike of covid-19 cases. >> if you look at the up tick. it's actually almost vertical increase. >> amida tsunami of cases the daily average topping 400,000 for the first time. adding layers of protection. authorizing booster shots for kids 12 to 15. shortening the window between the initial doses of a vaccine and the booster shot. for everyone. from six months to five. and authorizing a third dose of vaccine for some immune compromised children. between ages of five and 11. all that as the omicron surge brings with it a growing number of hospitalizations. more than 100,000 people are currently hospitalized with covid-19 for the first time in nearly four months. even that stark figure is lower than we have seen during other surges. >> the one group that maybe a problem for it very young kids. toddlers who have trouble with upper air way infections. we are seeing rising hospitalizations among that. >> the school district across the country now struggling with how to bring students safely back to school. five metro schools going remote for the first week of the year. seattle, chicago and d.c. schools delay the start dates to allow time for more testing. the largest district in the nation, new york city schools, is bringing students back to class. with a new mayor committing to in person learning. >> we're not sending an unclear message of what is going to happen day-to-day. i'm going it tell you what's happening day-to-day. we're staying open. >> part of the shift seen in more of the country towards finding ways to coexist with covid-19. crowds filling stadiums for holiday bowl games. nfl and nba easing restrictions on players last week. after so many cancellations and delays. there are still consequences of the crushingly high case count. it isn't business as usual. new york city coping with a shortage of first responders. medical services not transporting most stable patients. headaches for air travelers intensifying. staffing shortages and weather cancelling 2,100 flights today. >> all right. thank you for that. i want to bring in doctor mccain. a medical director at baylor college. and george washington university hospital. good evening to you. glad to have you both on. doctor, i'll start with you. unprecedented surge in cases. hospitalizations are the highest they have been since september. tell us what you are seeing at your hospital, please. >> we are feeling it. here in houston. we are not immune to the surge. beds are full. hospital beds are full. emergency department beds are full. patients are boarding in the emergency department for a prolonged period of time. definitely seeing unvaccinated patients that are getting very sick from omicron. >> you say any infectious symptoms. runny nose, sneeze. is covid until proven otherwise. >> i have seen talk about people trying to differential common cold, flu and covid. this is not for you to do at home. get a test. if your head hurts. you have a fever, muscle ache. it's not allergies. it's not a cold. it's covid until you have a test saying otherwise. >> the test at home at every other day. in my house. there's someone who is testing and ordering online. you are warning the hospitals across the country need to be prepared. tell us what your er is dealing with. does the rest of the country need to -- what's the rest of the country need to do to prepare? >> it's good to see you again. i'll tell you, we're in the middle of a two pandemics. it's being said more and more. it really does depend on if you are infected with omicron vs. delta. and what's most prevalent in the community. washington dc where i think until today we have been a global -- >> can i stop you? what is the difference between omicron and delta? >> i'm getting there. i promise. looking at places like new york and washington d.c., where the majority of the patients that we're seeing now are omicron. clinically. now when we look at say the statewide statistics of 50 states there are clearly states that have not had the upward tick. that is coming. and we can safely say they're not seeing omicron surge yet. now in the cities where omicron is the preeminent the primary variant, we are over loaded. it's mostly patients with mild illness. crowding the emergency department. those patients like has been adopted by ems in new york city, need to be told to stay home and find alternative testing. outside of the emergency department. and places where delta is still the primary variant, patients are coming with pneumonia. which we're not seeing in omicron. they are really emergency department patients that need to be seen. and should be transported. >> delta is a much more severe variant? dangerous variant. >> absolutely. what we're seeing clinly and hundreds of patients we have seen in the last few weeks. during my shifts, i have not seen a single case of covid pneumonia. that is kpexcellent news. the lower respiratory ewe moan ya and exacerbating of the preexisting conditions. mild flu systems and the patients who have other sicknesses that are kpser baited by the virus. like it happened with rsv or other viruss. those seem to be getting hospitalized and doing poorly. >> america's largest paidediatr hospital as staggering numbers of children coming in. my colleague was there. i want to play part of the report that he filed. and we'll talk. >> four month old grace, tiny belly rapidly expanding and contracting. one of many children here with covid-19. struggling to breathe. >> are you afraid of intubating him? >> yeah. a little bit. it's just really scary. i just hope that he's able to get better. and go home. >> mom to three. her youngest picked up the virus at christmas family gathering. her only job now keeping her son in good spirits. >> so it's heartbreaking to see. why are we seeing a spike in children? >> we're seeing a spike across the country. if everyone is getting sick, children are not immune from covid. that is the point that we have been trying to drive home for almost two years. i see parents that don't want their children to get vaccinated because they say children don't have symptoms. children can't wind up in the hospital. that absolutely just isn't true. and with omicron spreading as rapidly as it is, we're seeing more children get ill and hospitalized. >> when you talk to just folks who don't follow it as much as we do. which is most americans. they're living their lives and put food on the table. they're confused about a lot of things. if i test positive and blah blah. i don't know people are unvaccinated and on and on. people who are vaccinated sp boosted are testing positive. and you said kids were not affected. what are the biggest questions that people ask? >> what the cdc changing recent quarantine and isolation guidelines. there are questions from people who test positive and need to know exactly how long do i need to stay home. or people who may have had close contact with someone. who was covid positive. and they may not have symptoms, questions surround whether or not they should quarantine. i had someone ask me today if she should get vaccinated. because she gets pneumonia from vaccines. we continue to talk about the facts. talk about the data. reiterate recommendations as they change. science is evolving and recommendations will change. as the science changes. >> we lost her. we'll try to get her back. let's move on. back to children. in illinois, the number of kids hospitalized has tripled since the beginning of december. and you heard the former fda commissioner to be how omicron maybe adding to pediatric hospitalizations. >> it appears to be more of an upper air disease. that's good nor most americans. the one group that maybe a problem for is very young children. toddlers. who have trouble with upper air way infections. >> how significant is this? especially when the conversation of omicron has been that it's not as severe. you stated in the previous answer. >> the reason i'm an emergency medicine doctor the reason i'm a doctor at all is because at an early age at five years old i made a decision to be a doctor because i was the wheezing asthma kid. sent for breathing treatments all the time. usually set off by a virus. certainly the time i got i would get an as ma attack. that's what we're seeing in the patients. who not only have active air way disease like asthma. some are younger who have smaller air ways than adults. and what maybe a bronchitis for you or me can really set up difficulty breathing. for medical treatment for young kids. even without diagnosed as ma. we're seeing on top of the normal winter surge of pediatric admissions ask it's normal to see a rise in hospitalization because of flu and respiratory virus. and the standard viruss. we're seeing kids getting the same exacerbations of the diseases. caused by covid. what i'm thankful we're not seeing a tremendous amount of is pneumonia. being caused by the virus in those kids. >> new york mayor is planning to keep schools open. l.a. school district is ordering mandatory negative tests for students and employees. what's omicron surge mean for parents sending their kids back to school? i guess i have to put delta in there as well. it's not just omicron, right? >> it's not. delta is still around. we how infectious omicron is and how quickly it spreads there's no doubt in my mind we'll continue to see this surge get worse. as children get back to school. i think it's great idea to implement a test negative strategy prior to children returning to school. but testing is an issue right now. not just access but the quality of testing. we're hearing from the fda that the rapid test currently are not as sensitive to omicron. as they were to prior variants. also testing at home you have to consider the technique that's being used. in chicago, chicago school district reported that almost 70% of the at home tests that students took before coming back to school were invalid. for one reason or another. that is an issue. >> the staffing shortages due to omicron. they are a real issue. people are out sick. doctors and nurses. hospital staff. exhausted. what toll is this taking on healthcare workers? >> we're having real problems here. that's exacerbating everything. on busy days in the past with 60 people in the waiting room. we can manage. but when half of your nursing staff isn't available that day, and some places i talked to a friend today who the e.r. is normally staffed with ten nurses. they have two. that came in today. that's not only because of the shortage but it's being thoroughly exacerbated by the number of us getting sick. and the prolonged quarantine that we're going through. even though the cdc shortened it to five days. most jurisdictions have not chosen to implement that. we're on a ten day quarantine. there's no way to test out at this point. hopefully that changes as the cdc takes a look at this. >> a little bit of advice. before you go. for the viewer. i know that many people have had covid fatigue. i don't mean from obviously a lot of people are sick chblt they are just tired of it. they want it go away. tired of talking about it. they are just -- what's your advice? >> people do not get blind sided by the narrative that omicron is a milder version of covid. because of the number of cases we are seeing there are people that are going to be significantly ill. and die from this particular variant. do not be fatigued. wear a mask. high quality mask. or n 95. get vaccinated if you are not. if you are vaccinated and eligible for a booster, get boosted. when we look at hospital numbers, those people who are on ventilators and in the icu are overwhelmingly unvaccinated. >> thank you both. i appreciate the advice. and the expertise. see you soon. be well. be safe. more legal trouble for trump world. the former president's daughter and eldest son fighting subpoenas from the new york attorney general office. will they be forced to answer questions? ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. age before beauty? why not both? visibly diminish wrinkled skin in... crepe corrector lotion... only from gold bond. 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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. ready to turn your dreams into plans and your actions into achievements? explore over 75 programs and four-week classes at national university. your future starts today at nu.edu. as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ (music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ new tonight two of the former president's children subpoenaed for testimony as part of the new york attorney general civil investigation into whether the trump organization manipulated the values of its properties. plus new details about the trump children what they saw and said during last years attack. on the capitol. let's break it down now with cnn senior legal analyst. hello. good to see you. >> happy new year. >> you as well. tonight lawyers for the trump children have responded to the subpoena. saying that new york attorney general is trying to leverage the civil investigation to help the criminal investigation. led by the manhattan district attorney office. they say the subpoena should be quashed. will they get their way? >> i'll say something i don't say too often. donald trumps lawyers have a point. it is difficult to quash a subpoena. they make two arguments. first they say james is on both sides of it a civil investigation the attorney general is doing. and a criminal investigation that the attorney general is doing with the district attorney. and they're saying she's trying to use the civil process. she asked them to give a civil subpoena. she can't do that on the criminal side. because ivanka trump and donald trump jr. would get immunity. instead she's using the sort of back door and trying to get them to testify in the civil process. the other argument they make is this is a political investigation and candidly it is. look at her own words. she ran for office in 2018 on the number one campaign promise of vote for me and i'll nail the trumps. it's not a good idea. it's counter productive. it gives him a way to say this is political. he's arguing to defeat the subpoena. >> i have been surprised by some of the interviews she has done. and how she speaks about this investigation. how much trouble could they be in this the civil case? >> obviously civil case there's a lower standard than criminal case. a criminal case prove your case beyond a reasonable doubt that can involve prison time. you have to prove your case by a preponderance of the evidence. the penalty there would be financial. they could be serious enough to depending on what could be proven. they really could compromise the business future of the trump organization. and there could be we could looking at enormous events, millions of losses if the attorney general can prove that. >> you are a former colleague at now the manhattan district attorney. what's the latest on a criminal investigation into the trump organization for trump and his children? >> important people understand he's a friend of mine. a former colleague from the southern district of new york. we were trained in the same way the the first thing he'll do he made clear is review all of the evidence. and i believe he didn't run on a campaign of vote for me i'll nail the trumps. he kept politics out of it. i believe he'll bring a charge and if not i believe he will not. >> let's talk about the january 6 investigation. congresswoman liz cheney says select committee has firsthand testimony of during the capitol attack ivanka trump twice asked her twfather to stop the violen. donald trump jr. texted mark meadows. he has to condemn this -- s.h.i.t. asap. will they be compelled to testify? >> they would be right in my cross hairs if i was on the committee. firsthand testimony first of all the committee says. that's coming from somebody in the room. the fact that these are the presidents children, they get no immunity. no special treatment. this is a congressional investigation. they need the truth. they are entitled to the truth. i would seek their testimony and subpoena them if necessary. if they fight it i put them on the steve bannon track to contempt. >> she called the rioters american patriots and asking for the violent to stop. she deleted that tweet. could anyone have stopped the violence besides her father? >> i don't think so. only donald trump. by the way that point is similar to the one donald trump said at 6:01 p.m. on january 6. just an hour after this ended. when he called them the people who tore apart the capitol quote great patriots and said remember this day forever. to me that's such compelling evidence the rioters did exactly what he wanted and hoped and that quickly deleted tweet from ivanka says a similar thing. >> the congresswoman liz cheney had this to say about the former president 187 minutes of inaction during the insurrection. >> the president could have at any moment walked those very few steps into the briefing room, gone on live tv and told his supporters who were assaulting the capitol to stop. he could have told them to stand down. and go home. and he failed to do so. it's hard to imagine a more significant and more serious dereliction of duty than that. i think that there's absolutely no question that it was a dereliction of duty. and i think one of the things the committee needs to look at as we're looking at legislative purpose is whether we need enhanced penalties for the dereliction of duty. >> listen, she's right about that. he could have gone to the briefing room. he could have said bring a camera to the oval office. whatever. he calls it a supreme dereliction of duty. is that criminal? could the president face charges for that? >> let me put this way. the failure to act for three hours is a dereliction of duty. to me it's about so much more than that. it's about the fact he said it in motion. and then failed to act. the analogy is it's one thing to walk past a burning building and do nothing. it's another thing to flip match onto it, set it on fire and do nothing. that's a better analogy for what the president did here. i have said before i believe he should have criminal liability here. for attempting to obstruct congress and the election en interference. there's several bases he needs to be investigated in a a serious way criminally by the attorney general. >> verdict reached. elizabeth holmes found guilty on multiple charges. now facing up to 20 years in prison. hey hun hey, get your own vapors relax with vicks vapobath or with vicks vaposhower. take a soothing vicks vapo moment wherever you chose. new vicks vapostick. strong soothing vapors... help comfort your loved ones. for chest, neck, and back. it goes on clear. no mess just soothing comfort. try new vicks vapostick. these are the faces of listerine. the face of millions of germs zapped in seconds. the face of clean. the face of whoa! some are of intensity, others joy. all are of... various: ahhh... listerine. feel the whoa! when you have xfinity, you have entertainment built in. which is kind of nice. ah, what is happening. binge-watching is in the bag, when you find all your apps, all in one place. find live sports faster just by using your voice... sports on now. touchdown irish! [cheering] that was awesome. and, the hits won't quit, with peacock premium included at no additional cost. all that entertainment built in. xfinity. a way better way to watch. here's breaking news. after deliberating for a full week, the jury reaching a verdict late tonight in the fraud conspiracy trial of elizabeth holmes. the former ceo and founder of theranos. finding her guilty on four out of 11 federal charges. deadlocking on three. each guilty count carrying a maximum of 20 years in prison. discussing now with harry. a former u.s. attorney. good to see you, thanks for joining. this is a mix verdict. she is convicted on all of one count of conspiracy. excuse me, one count of conspiracy. to commit wire fraud. and three counts of wire fraud against specific investors. but you are saying it's essentially a severe as if she had got convicted on everything. how is that? >> that's basically right. first you're right, it is a split verdict. the jury is essentially didn't believe the government carried the burden when it comes to her bilking of patients and believe it when it came to investors. it's a total knock out blow. because it carries about the same sentence as if they had run the table. because in fraud cases like this, the sentence is driven by the amount of the loss. the patient count had not very much loss at all. we're talking about hundreds of millions of dollars. mur dock 100 million alone. when you apply that in the guidelines, you are looking automatically at a sentence a real sentence unless the judge decides to depart downwards significantly. in about the 15, 16, 17 year range. more over the sentencing judge can even take a account of the conduct the jury didn't find her guilty of or acquitted her of. it sounds a little like a mixed bag. it isn't. it's a thumping. and the government triumphant today and the camp is derespondent. >> what happens for the three charges. where the jury couldn't get a verdict. will there be a mistrial? >> there is already. because they couldn't reach a verdict. and it will be governments prerogative to try them again. i don't think they will. >> it's a mistrial? i thought they were coming back to that. to decide what they can do. it's a mistrial already? >> well, as to the very -- it's technically in this proceeding those three are mistried. neither one way or the other. meaning the government can decide. does it want to come back and retry those three. remember there's a big trial in still to happen with her kind of cospear tor. who she blamed everything on. how that turns out could potentially influence the government want more. i think it got more than enough today. and those three will just go away. she'll be sentenced on the four. and it will be a very substantial sentence. >> in 2015 holmes was the richest self-made woman and young e female billion fair in the country. she convinced to many wealthy people to invest in the country. is there a precedent of this fall from grace in silicon valley? >> no. she's the first ceo to actually get convicted of anything like this. in america, it feels like it's a to me this is the kind of case that automatically becomes more than the sum of its parts. it's got pt barn um. this kind of thing the especially the way she was able to hoodwink the richest people in the country. who were scared of missing out. the so called fake it until you make it culture. that feels like a new chapter in an old american book. it is new as silicon valley definitely as to female ceos as you say. she was the richest self-made woman in the world. as of 2015. and now she's looking at a very long prison sentence. that in a sense is unprecedented. the story itself feels to me mythic and broader american ways. of great rise and precipitous fall. >> did you say pt bar numb and gatsby? >> our may doff. >> start up culture at large. will there be more legal over sight in a sector where criminal prosecution dried up? essentially. >> great question. these are rare cases. people consider them very hard to bring. i work cases like this on the civil side. it is routine they'll call when they are called on and just etc. it's a lie. i think now this will send shock waves through start up culture. they'll know these kinds of fake it until you make it lies can completely destroy a company but people's liberty. and i think you're going to have a lot of people who are making sort of confident pitches to venture capitol folks really rethinking it going forward. and really afraid. >> harry, thank you. happy new year. >> same to you. >> blaming the democrats. republican leadership gaslighting their own when it comes to january 6. stay with us. unlimited cashback match... only from discover. what happens when you block heartburn with one prilosec otc in the morning? 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is she right? >> well, she's raising a really i think clear point about the constitution. and what happened to the constitution on that day. the congress was engaged in one of the its constitutional duties. a group of people that had been whipped up by the president went up to the capitol to try to stop them from doing their duty. president has a constitutional duty. he took an oath of office to the best of his ability preserve, protect and defend the constitution. which was being literally done that day at the capitol. so, did he to the best of his ability preserve, protect constitution that day. of course he did not. anybody with eyes and ears and a tv could tell that. all the thick things we're learning now are not of great surprise. we saw it unfold on tv. the point she's making about the constitution is very important. and i think it's why you had some constitutional conservatives. people who call themselves that. voting to certify the election they da. they didn't agree with the concept of trying to over turn an election clearly won by the oh party. the world constitution here is thrown around often. in this particular case, it has real meaning. it really mattered on an important day. >> 150 or so republicans voted against it. certifying the election. >> yeah. they did. they absolutely did. and i recognize any of them could come on here and raise what they say are legitimate points about this, that and the other. the bottom line is the congress job here was to certify the election results. the state send the electors. it's the state job to do that. and the vice president had a ceremony role and the president of the united states when presented with evidence that people were trying to over turn the constitutional order, clearly did nothing. so the only constitutional thing i care about is whether it was being protected. defended and preserved. in this case it was not. >> i want you to look at this poll. it shows that 62% of americans are expecting violence from the losing side in future presidential elections. most of us don't want that or anything close to it. what do we do? how do we avoid it at this point? can we? >> well, i think the first thing is for people to really take this seriously. and not just act like it's just going to happen and there's nothing we can do. right? that's not true. i think people are correct when they fear that this is going to happen. i'm not sure why people think democrats will be violent. that hasn't happened. so or even just generic republicans. it's trump supporters. this is the only time this has happened. so, so that really i think should be the primary fear. though it does the country is on the this collision course that people are rightly very concerned about it. one of the things that the democrats are spending a lot of time on now is protecting our electoral system. and voting rights and the kind of things which are protecting democracy. and i think that when you envision something happening like violence, you can see how it would happen when there's no faith in the election. or somehow the election is perhaps actually over turned next time. was this just a practice run. and next time it's successful. and there's violence. we have to take this seriously. and we have to engage it as the threat that it is. >> scott, from the big lie to covid conspiracies. congresswoman marjorie taylor greene has been permanently suspended from twitter over covid misinformation. she no longer has the power of social media channel. she is in power to legislate. how dangerous is that for our political leaders are so distant from reality? >> well, i mean there are a number of political leaders in both parties are well beyond what i consider to be near reality. she's one of them. there's plenty in the other party as well. i'm uncomfortable with the idea that elected tech bureaucracy can ban elected officials from its platform. i guess it's their right. it does raise serious questions about the role of the platforms in our over all political speech arena. we'll sort that out as a country. i think it's a little -- there's plenty of misinformation out there. not all coming from people who carry marjorie taylor greene political ideology. some is coming from the left. and they don't seem to get banned. i think it raises a lot of questions. i don't agree with the things she said. most of the things i find to be loonny tunes. at the same time i'm protective of speech. and when people are banned from platforms, i think we ought to think deeply about that as a country. >> that tickled. sorry. i don't know if you have ever gotten that. i want to turn to voting rights. chuck schumer looking to change up filibuster rules in effort to get the voting rights bill passed. planning on calling a vote to ease up the filibuster rules january 17. he is facing push back to his own party. from senators manchin and sin na. is there any chance the rules will change? >> i think it's really, really small. i'm not, i know that obviously this is something the democrats feel very strongly about that needs to be done and that's correct. but i think we have been down this road with manchin before. there have been reports that there's been some sort of movement with him. his public statements haven't changed. so a lot of effort is put in to moving him and he doesn't move. he's been clear about the fact he doesn't support getting rid of the filibuster. can they come up with some sort of really specific carve out that he agree to. it will be a miracle if it happens i think. doesn't mean it can't. i think it will be a miracle. >> thank you. sorry for coughing in your ear. sorry about that. happy new year. she was so active, so iconic. her death at 99 shocked the entire country. shocked the world. we'll remember betty white right after this. i had periodontal disease, and i just didn't feel well. but then i found clearchoice. 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