closed nationwide. >> we need our children to be in school. i think the term distance learning is like a contradiction in terms. philadelphia, you know, when children aren't in schools, they're -- many aren't getting the one decent meal they get during the day. the instance of child abuse basically disappears because you're not picking that up in school. most importantly the socialization and social development. the kids surely missed last year. i think we need to do everything we can to get children back to school. it's a precious thing. because it's a precious thing we need to treat it preciously. >> 77 of philadelphia's 215 schools are shifting to 100% online today. schools in detroit, l.a., atlanta, milwaukee, seating, cleveland, washington, all also going remote or they're delaying their start for at least a few days after the holiday break. in many cases, they're waiting for covid tests, rapid tests which are scarce, or pcr tests which take days to return results. in louisville, kentucky, teachers are lining up to be tested before going back to class. they're hoping to avoid virtual learning. >> i do not want to go to nti. none of the teachers do. the kids don't want it. i want to teach. and i'm scared right now, just the result of this. i don't want covid. >> meantime, hospitalizations in the u.s. now topping 100,000 for the first time in nearly four months, including children, largely spared by earlier variants. the hospitalization rate for kids is the highest it's ever been with more than 500 kids admitted every day last week. >> now, did those children show up because they had a broken leg, broken arm and test positive for covid? versus did they have trouble breathing because of covid-19? i think those two are still needing to be a little peased out. unfortunately you and i both know people who are seeking to minimize the seriousness of covid-19 in children are going to hang onto that fact. i think we would be foolish to keep minimizing covid-19 in children at this point in the pandemic. >> let me repeat that. 500 kids per day hospitalized, and some doctors are saying they're seeing comorbidities like asthma. think of how many children have asthma and what a risk that is for catching the omicron variant here. the possibility of sending kids home for the umpteenth time in this pandemic, the cloud that looms over all parents now, it's also threatening to cause major economic disruption if workers can't get child care. >> i am entering the year as calm and confident as possible. there is very little we can control, but i can control how i behave and how i present it to my kids. >> some school districts, though, did reopen on time. most notably, new york's, the nation's largest school system under a new mayor defying a union request to start virtually. >> i'm going to tell you what's going to happen day to day. we are staying open. we're going to do everything that we have to do to keep our schools open. and i know there's questions about staffing. i know there's question about testing. there's a lot of questions. but we're going to turn those question marks into an exclamation point. we're staying open. we're going to make sure our children are in safe spaces. >> all right. that's new york. in chicago, the teachers union threatening a walk-out now. members will hold an emergency vote today on whether teachers should go virtual, but that can only happen if the board of ed. agrees. if not, teachers could be locked out of their online classrooms, leaving kids with nothing. >> you have to ask them if they would prefer that children, who they know won't be in these buildings, should be without any type of interaction, any type of education. >> the number of children hospitalized in illinois has tripled since the beginning of december. the governor wants kids in class. >> i've said all along that it's better for our students to have them in class, but safely. and so that's why we've provided and offered testing and we've offered and provided more vaccinations. and so we hope that school districts across the state will take us up on that. >> students in chicago, which has the third largest school district in the country, by the way, went back in class in-person yesterday. school officials insist that it is safe to have kids in physical classrooms. cnn's omar jimenez has the latest from chicago. >> reporter: well, christine, laura, today the chicago teachers union is expected to convene an emergency meeting among its representatives at individual schools to vote on whether they would want to move to remote learning amid a surge in covid-19 cases. which, of course, goes against what the school district has asked them to do. now, if they vote yes and actually don't show up to school after this vote goes through, it puts the decision in the school district's hands as to whether they would lock these teachers out of their remote classrooms as they have threatened to do under similar circumstances in the past. and for the school district, they resumed in-person learning on monday, and have maintained all along that going to school is safe because of vaccinations, universal masking, social distancing, testing, and more. mayor lori lightfoot even releasing a statement monday that read, in part, we cannot forget that shifting fully to remote learning is not a panacea, and comes with significant harm to students and their families. the best thing that we can do for our students, staff, and all our partners at c.p.s. is to get vaccinated. now, part of the union's concern is coming from a recent surge in covid-19 cases in students, staff and the surrounding community. but also from uncertainty on what the current covid-19 picture actually looks like. and that's because according to chicago public schools data, between december 26 and january 1st, of the more than 35,000 covid-19 tests that were returned, more than 24,000 of those were declared invalid. these past two weeks, chicago has seen its highest daily case rate of covid-19 since the pandemic began. christine, laura? >> all right, omar, thank you so much for that. omicron case counts are breaking records, but health experts say hospitalizations are the important number, the most important number to watch here with omicron. thankfully, many reported cases have mild or no symptoms. and the high overall numbers you see could partly be the result of a holiday backlog in reporting. >> in state and local health departments are struggling right now just to get cases reported. i've talked to health departments in the last several days where they're weeks behind in reporting cases. so a daily case count means little. what we need to focus on right now and what you're getting at in terms of the seriousness, how many people are hospitalized, particularly with requirements for oxygen. that's going to be an indicator, meaning 7 to 10 days offset. it's going to be the best measure we have. >> jimmy fallon. >> and jimmy fallon back on the tonight show after he revealed he tested positive for covid right before christmas. he says he was boosted and had mild symptoms. whoopi goldberg has also tested positive. her cohost joy behar announcing the news on the view. goldberg's case has been mild so far. all right. she was compared with steve jobs. she claimed her blood testing st start-up was revolutionary. she is looking at years for defrauding investors.. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. kim is now demonstrating her congestion. save it slslimeball. i've upgraded to mucinex. we still havave 12 hours to australia. mucinex lasts 12 hours, so i'm good. now move! kim, no! mucinex lasts 3x longer for 12 hours. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. nicorette knows, quitting smoking is freaking hard. you get advice like: try hypnosis... or... quit cold turkey. kidding me?! instead, start small. with nicorette. which can lead to something big. start stopping with nicorette it's the most wonderful time of the year. it is all about t-mobile with their great phone deals for everyone every day including customers on sprint. tell us more dianne. new and existing customers on the magenta max plan can trade up to the new iphone 13 pro and t-mobile will pay for it. customers can also get a free year of apple tv plus. i know you love ted lasso, george. guilty as charged. t-mobile is bringing it all together for the holidays. upgrade to the iphone 13 pro on us. plus get a free year of apple tv plus. only at t-mobile. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now get relief without a pill with tylenol dissolve packs. relief without the water. plaque psoriasis, the burning, itching. the pain. emerge tremfyant®. with tremfya®, adults with moderate to severe plaque psoriasis... ...can uncover clearer skin and improve symptoms at 16 weeks. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge tremfyant® with tremfya®... ask you doctor about tremfya® today. some of my best memories growing up, were cooking with mom. she always said, “food is love.” so when she moved in with us, a new kitchen became part of our financial plan. ♪ i want to make the most of every meal we have together. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com welcome back. a former darling of silicon valley is now a convicted felon. after an 11-week trial, theranos c.e.o. elizabeth holmes was found guilty monday of four charges of misleading investors about her blood testing start up. the jury deliberated for 45 hours, finding her not guilty on four counts, failing to reach a verdict on three others. she is now facing up to 20 years in prison. cnn's camilla bernal with more. >> reporter: christine, laura, elizabeth holmes is leaving the courtroom in san jose knowing she is likely headed to prison. the jury in this trial delivering a partial verdict. i want to break it down for you. there are four different charges where they found her guilty. there is one of those that is conspiracy to commit wire fraud, the other three are wire fraud counts. they also found her not guilty on another four different charges, and these were in relation to the patients. then the jury was not able to come to an agreement on three other wire fraud charges. but what matters here is the four guilty verdicts in relation to the investors. according to prosecutors, elizabeth holmes lied to these investors about the capabilities of her blood testing company. they say she lied about the technology and the capabilities of it, but also lied about the relationship that the company had with the military, and about the validation that the company had received from pharmaceutical companies. and this jury agreed with the prosecution, saying that she lied instead of selling a vision of the future. this is someone who was once known as the next steve jobs, as the darling of silicon valley, who had that vision for the future, but instead she is now facing the consequence of her past. christine, laura? >> camilla, thank you for that report. well, the trump family is now in a standoff with the new york attorney general's office. lawyers moved late monday to quash subpoenas served on ivanka and donald trump, jr. the state a.j. tish jayme is seeking testimony in the civil probe about whether the trump organization manipulated the value of its properties to obtain more favorable loan terms. >> trump's lawyers argued they tried to aid a civil probe by the manhattan d.a. turning testimony from the civil case over to criminal investigators. >> this isn't a prosecution. this is simply an attempt to take depositions, get information. and judges basically don't like it when witnesses try not to answer questions. there are certain well-established privileges, you know, attorney/client privilege, spousal privilege, privilege against self-incrimination. there is no such thing as a father/son or parent/child privilege. >> what gets complicated when we talk about the trumps, there are so many investigations by different bodies, federal investigations, state investigations, congressional investigations, this is a standard garden variety civil investigation by a particular attorney general in a state, and all those other things we have been talking about for months and months, executive privilege, deliberative process privilege, all those things going on in washington, they don't pertain here. >> the subpoenas seek communications and financial statements prepared by trump accountants dating back to 2010. they also demand documents relating to trump hotel in chicago and the family's estate in seven springs, new york, and communication was forbes magazine which wrote articles about trump's wealth. all right. programming note for you here. something you definitely want to watch. jake tapper and anderson cooper, an unprecedented gathering inside the capitol with police, lawmakers and leaders live from the capitol, january 6, one year later, begins thursday at 8:00 p.m. #1 for diabetic dry skin #1 for psoriasis symptom relief and #1 for eczema symptom relief.. gold bonond. champion y your skin. ♪ three times the electorlytes and half the sugar. ♪ pedialyte powder packs. feel better fast. people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. ♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 2 system. with a painless, one-second scan i know my glucose numbers without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know. try it for free at freestylelibre.us psoriasis really messes with you. try. hope. fail. no one should suffer like that. i started cosentyx®. five years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting get checked for tuberculosis. an increased risk of infection, some serious and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms or if you had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reaction may occur. best move i've ever made. ask your dermatologist about cosentyx®. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. 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. welcome back. with the beijing olympics just one month away, controversy and complications in china keep growing by the day. from human rights violations to millions still under covid lockdowns, from a trade war to squashing democracy protests and the prepress. from the china that was opening up just a decade ago to a china now on a different track. cnn's kristie lu stout joins us live from hong kong. christie, good morning. >> reporter: in 2008, the summer games was called china's coming out party on the world stage. it had the mantra, beijing welcomes you. this year the 2022 games will be monitored for acts of fro test against beijing. it will be held in this covid bubble ceiling olympic participants and athletes from covid in china. all the athletes, all the participants must stay inside the bubble and have to undergo daily covid-19 testing. in fact, according to the global times today, the pre-game bubble has already kicked off. it started today welcoming olympic personnel from overseas. it also announced there is this high-speed train that has this divided carriages to separate olympic participants from the general population. and this is critical, because the timing of the winter games, it's happening alongside the lunar new year festival. this is when hundreds of millions of people in china travel home, many by rail, for family reunions. and the winter games will test china in its zero-covid policy. it is going to be difficult to control the virus because of the omicron variant. it is so highly transmissible, and china has only reported a handful of cases of this variant. and experts who have been talking to, say people in china are vulnerable because of their lack of exposure to the virus, because of the lower efficacy in china's home-grown vaccines, and because of the limit of china's zero covid policy. listen to this. >> the problem is not the vaccine. it's the policy, right. under the zero tolerance policy, right, even the best of vaccines, you know, cannot fulfill the objectives set by the government. >> reporter: and public patience in china pushed to the limit. in the northern chinese city of xi'an is in the 13th day of lockdown. desperate scenes, they can't go out for food or supplies. if you monitor chinese social media, it is flooded with cries for help, cries foor food. there is one hashtag, grocery shopping in xi'an is difficult. that's the hashtag. it has been viewed over 420 million times. laura. >> what a bizarre dichotomy. sort of the reality on the ground and the optics that obviously they want to project for these games. thank you. 23 past of hour, walmart busy. netflix, nike, coca-cola, comcast, morgan stanley, at&t, goldman sachs, boeing. i could go on. add them all up, you still won't match the value of the world's first $3 trillion company. y nerf from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. johnson & johnson is building a future where cancers can be cured. strokes can be reversed. and there isn't one definition of what well feels like. there are millions. johnson & johnson is building your world of well. nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. i'm jonathan lawson here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three ps. what are the three ps? the three ps of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget. i'm 54, what's my price? you can get coverage for $9.95 a month. i'm 65 and take medications. what's my price? also $9.95 a month. i just turned 80, what's my price? $9.95 a month for you too. if you're age 50 to 85, call now about the #1 most popular whole life insurance plan available through the colonial penn program. it has an affordable rate starting at $9.95 a month. no medical exam, no health questions. your acceptance is guaranteed. and this plan has a guaranteed lifetime rate lock so your rate can never go up for any reason. so call now for free information and you'll also get this free beneficiary planner. and it's yours free just for calling. so call now for free information. ♪ ♪ do your eyes bother you? because after all these emails, my eyes feel like a combo of stressed, dry and sandpaper. strypaper? why do we all put up with this? when there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients like an electrolyte, antioxidant, even your tears' own moisturizer. and no preservatives. these ingredients are true to your eyes' biology. see? bio.true. you're not gonna get it all right, just make sure you nail the big stuff... like making sure your kids are in the right seat for their age and size. get it right at nhtsa.gov/therightseat at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. a milestone for apple, almost too huge to wrap your head around. apple, the first company in history to break the $3 trillion market cap barrier. put another way, if you combine the value of walmart, disney, mcdonald's, ford, coke, exxon-mobil and the other eight giant companies you see here, apple is still worth more. or you could say it's bigger than the gross domestic product of most countries, including great britain. only the u.s., china, japan and germany are larger than the market cap of apple. the stock settled back slightly to close at a market cap of $2.99 trillion. a figure all the more remarkable because of how fast apple got there. it took 42 years from its launch in the bay area garage to reach its first trillion dollars in value. it took just two years to hit the second trillion. the third trillion, 16 1/2 months. the stock was up 35% last year. apple won't be alone for long. analysts think microsoft could follow its tech titan rival into the three high mile club in the next few months. remarkable. "early start" continues right now. good morning, everyone. this is "early start." i'm laura jarrett. >> and i'm christine romans. exactly 30 minutes past the hour this tuesday morning, that means it's time for our top stories to keep an eye on today. as omicron surges and more children are in the hospital, parents are bracing for schools to go back online. politicians are vowing to keep classrooms open, trying to reassure parents they won't be left in the lurch on child care, unemployment and the hope the pandemic's end was in sight. the fbi is now helping investigate last week's wildfires in boulder county, colorado. two people are still missing as authorities survey the damage and look for the cause. the fires destroyed nearly 1,000 buildings. the only hospital in the town lewisville, remains closed because of smoke damage. after 30 years in office, democratic illinois civil activist bobby rush will not be seeking another term according to several reports. he joins 23 other democrats who said they will not be seeking reelection as their party tries to cling to its slim house majority. in new york, a federal judge has dismissed charges against two prison guards who admitted to falsifying records the night that convicted sex offender jeffrey epstein died in jail. they were accused of failing to check on epstein in prison after he was placed on suicide watch. toyota set to make history today to become the top-selling auto company in the u.s. general motors has held the title for almost a century. both companies forecast to report sharp drops in sales last quarter with, of course, computer chips still in short supply. and still no powerball winner, christine. there is still time for you. the jackpot is going into orbit. the next drawing is tomorrow. the estimated jackpot now $575 million, and i know christine always says, take the payout. >> i do. but i also never, ever play the lottery. that's what you know about me. >> fully fund your 401(k), folks. lottery aside. the fda green lighting pfizer's booster shot for children age 12 to 15. shortening how long you need to wait for the booster if you receive the pfizer vaccine. everyone 12 and older now eligible after just five months. that's instead of six. the cdc director is expected to sign off as soon as tomorrow. some families in texas went for boosters before heading back to class. >> i was at basketball practice. i got to the car, my mom said, you're going to get your booster today. >> i waited a long time because we had to do a lot of traveling for sports. i'm glad i got it now. >> been busy. it's been nice. i mean, this is what we've been wanting. >> glad to see it busy. the omicron variant has been disrupting kids returning to physical classrooms across the country. the former acting head of the cdc says it could be a rough few weeks here, folks, but he sees a reason for optimism. >> as omicron goes through and it's going through at an enormously high and fast rate, it will leave behind hopefully people who have some protection against whatever variant comes next. if that's truly the case, in the next six weeks to months, we could be starting to see the end game for this pandemic. it's time for three questions in three minutes. let's bring in dr. elizabeth murray, pediatric emergency physician at children hospital at the university of rochester medical center. dr. murray, so nice to see you this morning. this news from the fda on expanding the booster, something like 5 million kids now eligible. what are you looking for when the cdc advisers meet tomorrow? >> i'm going to let energy out. i'm excited for the meeting. i love these meetings. these advisory council meetings are jampacked with information. they are open to the public, they are live streamed. i encourage people to watch what you can because the discussion is robust and great and you get to see these great minds go through all the data. so i'm expecting to see a safety update and then the data saying why they think a five-month window is the right window. and so let's see what they have to show us. i always like to say, let's see the data before we cast an opinion. and i'm very much looking forward to it. as a mother of a 12-year-old who is approaching the five-month mark, i'm definitely very interested to see what the data tells us. >> yeah, i'm right at the five-month mark, too, for two of my kids. i'm real, real interested to see what this is going to mean and how quickly we can do this. i want you to listen to what the surgeon general of florida said yesterday on covid testing. >> my department's goal is going to be to put out testing that doesn't restrict access to testing, but reduces the use of low-value testing and prioritizes high-value testing. so if your grandmother gets a test, that's a much more valuable test than the 8-year-old, you know, third graders that los angeles county is sending in to get weekly testing, right. the first ones going to is much more likely to change outcomes. >> but changing outcomes, does this targeted testing strategy have merit in your view? >> it depends what our priorities are. i don't think they have to be mutually exclusive. i get nervous when we're pitting one thing against another. the strategies can be different. making sure that the elderly, perhaps more vulnerable person, has early access to things like monoclonals or other treatments to prevent them from going to the hospital if they become sick. certainly is very, very valuable. but keeping kids in school and adults in the school buildings all safe is also critically important. the goal there is keeping the germ out of school, because we do have adults and we do have vulnerable children in school. so there's layers of protection that we need to folk us on testing is one of them, but it's not the be all end all. as the week of now 300,000 pediatric cases in the united states blowing by the previous record of 250,000 cases, hearing from my colleagues in kansas city some schools are going mask optional this week is certainly very he, very concerning to me. i think we need to continue with these layers of protection. testing being one important part. >> part of it seems to be symptomatic of the fact we just don't have an effective testing strategy. we're rationing the tests because we don't have enough of them. we certainly don't have them distributed in a comprehensive and uniform way. i want to talk to you about this data on hospitalizations because we're trying to focus more on that number. unless on these explosive case counts, but focus on the hospitalizations, it seems to be hard to parse out when people are going and getting hospitalized because of covid, because they've been diagnosed with covid, and when they go to the hospital for something else, but then while they're there it turns out they have covid. can you help us parse this out? what are you seeing in the e.r.? >> it is important, we have these elaborate medical records. they were not created to to be searchable databases. they were created to be patient-specific transfer devices. my medical record can stick with me. other institutions can look at it, but it's not meant to be universally searchable. getting the data on who is symptomatic, not symptomatic, it almost has to be done person by person level. you can see the sheer measure of getting the data is great. if you are admitted because of complications from covid versus you are in the hospital and for other reasons and are also found to have covid, it's still important because it matters on where you are placed in the hospital. it matters on the equipment that is used to take care of you. it certainly is very real. we know that pre-symptomatic people can certainly spread diseases, especially in light of omicron. so i think that it's making -- if people want an answer, they want to figure out how they can get through this safely and getting this data field is very important. but the presence of the germ in the hospital is what we need to worry about because if it's there, it can spread to others, and we need to be very careful to make sure that it does not spread to the vulnerable patients or the other patients in the hospital. >> yeah, it's all a huge challenge. it just means we have all these people in the hospital seeking care, and we have a very stressed out health care community. am i right? i've been talking to doctors and nurses who are saying this is really tough, especially when you have people who have to stay home and quarantine for five days right after they've had a positive test themselves. >> definitely. my colleagues and i are realizing and appreciating this is what the adult medicine colleagues experienced a year, year and a half ago. everybody is getting sick right now. >> all right, pediatric emergency physician, thank you so much for your time again this morning. thank you for everything you're doing. >> yes. stay safe, dr. murray. thank you. later today, president biden will address the nation on covid's astonishing spread through the country, but omicron isn't the only battle he's fighting right now. he also wants to get his sweeping economic agenda passed before the midterms in november, as democrats pressure him to do something, something on voting rights. cnn's jasmine wright is live in washington for us this morning. i understand democrats want to make a real push to pass voting rights legislation in the coming days. obviously the anniversary of the january 6 attack this week. so what's that plan? >> reporter: yeah, look, it's a bold plan from senate majority leader chuck schumer. he says that the chamber will consider and eventually vote potentially on whether or not to change the senate, excuse me, senate filibuster rules to allow voting rights legislation to pass with 50 votes only right now. it needs 60. and it's a particularly bold plan, laura, because he wants to do this first by january 17, which is the mlk day. also right now they do not have enough votes to do so. he says that this plan will only come into fruition if republicans decline to vote for the latest democratic attempt to pass the voting rights bill. because of the senate holdouts, joe manchin, kyrsten sinema, means they don't have 60 votes. putting the consideration on the floor is really kind of putting the football back into their hands saying, i dare you to vote this down. but, of course, both schumer and president biden are under a lot of pressure from democrats as you said, and civil rights activists to make some moves when it comes to voting rights legislations as they face republican legislature after legislature across the country passing restrictive voting rights. democrats are pushing them to move. so this is chuck schumer's answer. in a letter to democrats and a dear colleagues letter, rules once meant to stop obstruction -- he's talking about the filibuster. we must adapt. the senate must evolve like it has many times before. it was designed to evolve and has evolved many times in our history. pretty clear from schumer he wants to see something. from the president's part, overall the president is in support of schumer. they talk pretty frequently. of course, president biden himself has been inching closer and closer, laura, to really accepting that nothing about voting rights will change unless they kind of address the filibuster. so recently, right before the new year, biden said that he would support a filibuster carveout. and said it's the biggest issue of the time. of course, this comes as both the senate and the white house are marching towards that january 6 anniversary where the issue of democracy will be front and center for both leaders chuck schumer and president biden. laura? >> jazmine, thank you. we'll be right back. narrator: on a faraway beach, the generation called "our greatest" an office we know as "oval," a new-generaon president faced down an imminent threat of nuclear war. on a bridge in selma, alabam the preacher of hitime marched us straight to passing voting rights for every american. at a gate in west berlin, a late-generation american president demanded an enemy superpower tear down a wall and liberate a continent. american generations answering the call of their time with american ideals. freedom. liberty. justice. for today's generation of leaders, the call has come again to protect our freedom to vote, to fortify our democracy by passing the freedom to vote act and the john lewis voting rights act because america - john lewis: we are not going back, we are going forward. (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. narrator: you're not gonna get it all right, just make sure you nail the big stuff. son: mama! narrator: like making sure your kids are in the right seat for their age and size. get it right at nhtsa.gov/therightseat johnson & johnson is building a future where cancers can be cured. strokes can be reversed. and there isn't one definition of what well feels like. there are millions. johnson & johnson is building your world of well. 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. a wave of tragic deaths after wet winter weather in the southeast over the past 24 hours. in tennessee, a 7-year-old was killed monday morning. a tree fell onto the home in knoxville. in the atlanta area, a 5-year-old boy in dekalb county died when a tree fell on his home just after 5:00 a.m. on monday. >> crews made entry to make a rescue, and i heard people screaming at the time. overnight we had pretty good wind and obviously the rain we've been having, the ground has been real soft. >> in maryland, three people were killed after an suv and a snow plow collided in montgomery county monday evening. more than a foot of snow had fallen there. a live look near fredericksburg, virginia, travel on one of the busiest stretches of i-95 at a total stand still for hours due to snow, debris and multiple accidents. from georgia to maryland, almost 370,000 customers remain in the dark this morning. all right. let's get a check on cnn business this tuesday morning. happy new year, investors. a record monday. right now looking at markets around the world, you can see a big jump in tokyo shares. hong kong and shanghai essentially mixed. and europe has opened higher. on wall street, stock index futures this tuesday morning leaning higher again. record highs for the dow and the s&p. the nasdaq also higher monday. optimism, the economy can overcome surge in covid cases. coming up today, a read on u.s. manufacturing and a check on the great resignation as it's known. the labor department reports the number of job openings and the number of quits in november. a near record number of americans have been quitting their jobs in previous months, matched by a near record number of new businesses being created. at&t and verizon postponing their 5g rollouts near airports for a couple of weekes preventing disruptions to air travel and shipping and potential legal battles here. in december the federal aviation administration announced a plan to ban pilots from using a key aircraft instrument that 5g signals could interfere with, something that might have led to flight delays and diversions. officials in the aviation industry were planning to sue the fcc to keep the rollout from happening on january 5th. all right. the world could consume more oil this year than ever before as pandemic restrictions ease, global energy demand rebounded strongly in 2021. it is expected to rise further this year. the international energy agency predicts global oil demand will increase by 3.3 million barrels per day next year. and 99.5 million barrels per day, matching the pre-pandemic record in 2019. it underscores just how dependent the world is on fossil fuel still despite huge investment to address the climate crisis. ♪ ♪ david bowie's entire song writing catalog purchased by warner music group. variety reporting the price as upwards of $250 million. bowie, who died back in 2016, put out 400 songs on 26 albums during his five-decade career. other bigg celebrities have als sold, sony for 500 million. emotional, winning his last home game in pittsburgh, andy scholes has this morning's bleacher report. hey, andy. >> good morning, christine. ben roethlisberger is a steelers legend. he won two super bowls. he won more games in the black and gold than any quarterback ever. it's not even close, and the fans there in pittsburgh giving big ben an awesome farewell. chants breaking out throughout the night. tons of fans rocking the number 7 jerseys, and tons of signs also throughout hines field. roethlisberger having a rough night passing. this touchdown in the first quarter. then at the end of the game after taking a knee once last time at hines field, roethlisberger's teammates would surround him. steelers win 28-14 to keep hopes alive. getting emotional afterwards, playing in front of steelers fans the past 18 years has been incredible. >> i'm so thankful and blessed to be able to call this place home now for almost half my life. in front of these fans and seeing all the signs and all the jerseys. >> we love you! >> and just, you know, to come out here, i don't know, i've been so blessed and i'm just so thankful. >> just one day after leaving the buccaneers in the middle of the game, antonio brown showed up court side at the nets/grizzlies game. he was not officially released by the team. head coach said brown was no longer a buck after he stripped off his jersey and ran off the field mid game. he said yesterday it was tough how it all went down. >> i wish him well. i hope, if he needs help, get some. but, yeah, it's very hard because i do care about him. >> all right. so the nba atlanta hawks star trae young putting on a show against the blazers. trae scoring a career-high 56 points, making seven of 12, three-point attempts to go along with 14 assists. only player in nba history to have both a 55-plus point night and at least 14 assists in the same game. but still wasn't enough to get a win. portland takes it 136-131. its 10th loss in the last 14 games. the fans who fell from the stands at fedex field when a railing broke say they were not offered on-site medical attention, contrary to the washington football team statement on sunday. one of the fans said the only person who asked if everyone was okay was eagles quarterback jalen hurts who narrowly avoided the falling railing himself. mul multiple fans also said staff told them to get the f off the field after they had fallen. in a statement the washington football team said the safety of fans is of utmost importance and they are looking into what happened. ticket holder chad davis had the thrill of watching his team win the afc south. he panicked on the two-hour drive from the stadium his wedding ring with the titans logo on it was missing. he took to twitter saying, sick to my stomach. if someone found it, i would pay to recover it. titans president saw the post and sent the security guards to go try to find it. and guess what? one of them did. posting a picture of the ring saying, all good, chad. someone will be in touch about how to get it back to you. losing a ring in a stadium, guys, got to make you pretty nervous. great happy ending to that story. pretty impressive they found it quickly. >> was his wife's name on that ring? >> i have to say, i have a lot of questions. why is the titans logo on his wedding ring? >> my two loves, titans and my wife. she knew what she was up for. she knew what his loves were. nice to see you, andy. great news for them. >> thanks, andy. >> thanks for joining us this tuesday morning. i'm christine romans. >> i'm laura jarrett. "new day" is next. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your r skin. people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. 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. ♪ ♪ maybe it's another refill at your favorite diner... or waiting for the 7:12 bus... or sunday afternoon in the produce aisle. these moments may not seem remarkable. but at pfizer, protecting the regular routine, and everyday drives us to reach for exceptional. working to impact hundreds of millions of lives... young and old. it's what we call, the pursuit of normal. ♪ ♪ it's the most wonderful time of the year. it is all about t-mobile with their great phone deals for everyone every day including customers on sprint. tell us more dianne. new and existing customers on the magenta max plan can trade up to the new iphone 13 pro and t-mobile will pay for it. customers can also get a free year of apple tv plus. i know you love ted lasso, george. guilty as charged. t-mobile is bringing it all together for the holidays. upgrade to the iphone 13 pro on us. plus get a free year of apple tv plus. only at t-mobile. every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities. ♪ good morning to our viewers here in the united states and all around the world. it is tuesday, january 4th. i'm john berman with brianna keilar. this morning, record highs in the number of new coronavirus