burnett. out front tonight, i begin with breaking news. a chilling warning. cnn learning the january 6th select committee has obtained damning text messages between trump's white house and one of trump's closest tv confidants, sean hannity. one of the messages was a warning the day before the insurrection. hannity texting he was, quote, very worried about the next 48 hours. now, the messages we understand were all sent in the days and weeks leading up to january 6th and in the immediate days of its aftermath. and now, the committee wants to hear from hannity about these conversations. conversations that, obviously, are now key to what trump's white house knew about january 6th. so, according to the committee, the message hannity sent the one that said he was, quote, very worried about the next 48 hours, was one of a number of messages that he exchange ed with trump's inner circle on that evening of january 5th. again, right, just to make it clear, the night before everything happened. to state an obvious and important truth, what we see and what we see in these messages from hannity could very clearly contradict what trump's chief of staff mark meadows has claimed publicly. >> they have been making the argument that it was this preplanned idea that we had, and not only have i said publicly that no one in the west wing had any advanced knowledge that any breach of security at the capitol was going to happen. >> okay. the committee also says it has evidence that hannity may have spoken directly with trump on january 5th, and on january 10th. that is when the committee says that hannity sent meadows and congressman jim jordan this message. and i quote. guys, we have a clear path to land the plane in nine days. he can't mention the election again, ever. i did not have a good call with him today. and worse, i am not sure what is left to do or say and i don't feel like it's truly understood. ideas? hmm. it's been almost a year since that day. trump continues to mention the election. you know, saying the real inurge surgeonsy was actually on the day of the election, it's rigged and fraudulent that's what he does every single chance he gets a chance to do it. this coming as the panel's chairman reveals to cnn he now wants to hear directly from mike pence in the investigation into january 6th, trump's former vice president. >> i would hope that he would do the right thing and come forward and voluntarily talk to the committee. >> so, we don't know what pence is going to do. of course, he was there on the day of the insurrection, right? overseeing the vote. and as the rioters were chanting "hang mike pence." now, it is not clear if pence will cooperate but what is clear is that, you know, since pence did go ahead and certify the results, trump has made it clear he is no fan of pence. >> i think mike has been very badly hurt by what took place with respect to january 6th. i think he's been -- i think he's been mortly wounded, frankly. because i have seen the reaction he's getting from people. say why didn't he just hand it back to the legislatures, why didn't he do that? >> mortally wounded. well, pence, for his part, has made it clear he is not on the same page with trump when it comes to that dark day. >> january 6th was a dark day in the history of the united states capitol. you know, president atrump and have spoken many times since we left office and i don't know if we will ever see eye to eye on that day. >> paula reid begins our coverage in washington. and paula, a lot of big developments tonight here. what more are you learning about the messages to hannity to and from, right, that -- what's in them? and how significant this is for the committee at this time? >> another busy day for the january 6th committee, erin. and it's so interesting that they are seeking sean hannity's voluntary cooperation with their investigation. and it appears that their interest in him as a potential witness has arisen out of the materials they collected from former white house chief of of sta mark meadows before he ceased cooperating with their investigation. they say the tejts text messages they have to and from the former white house chief of staff suggest that hannity may have had advanced knowledge of what trump and his legal team were going to do on january 6th. but it's interesting when you dig into these text messages, to learn more about the role hannity was playing within this inner circle. the committee says it has text m messages from hannity pushing back on this plan to urge congress to reject or challenge the certification of election results. and instead, hannity was urging trump to leave office and prepare to enter a new role where he would become the voice of voting reform. noting that when he speaks, people listen. it's interesting, he was sort of coming up with a post-white house strategy for trump, instead of telling him to fight, fight, fight. now, the committee acknowledges, though, in its letter to hannity that it could potentially run into some first amendment problems here going after someone who is a broadcaster. of course, his day job. but the committee insists they are not looking for anything repeat related to hannity's broadcasting. though, at this point, it's unclear if he will voluntarily cooperate or if they will have to move to subpoena him. his attorney, jay sekulow, said they are reviewing the letter and will respond as appropriate. >> pretty interesting. the tone and everything in those texts, right, those were conversations he was having to friends. thank you very much. i appreciate it so much. paula is giving us all that new detail. let's go to chief political an list gloria borger and laura coates, former federal prosecutor. so, gloria, what are the chances ha hannity cooperates? >> i don't know. it's -- you know, um, i texted with jay sekulow and he didn't give away any secrets. he said he is hannity's attorney and he said, look, we are reviewing this. the committee was so careful in their request because hannity is, after all, a broadcaster on television every night. and they are worried about first amendment concerns, obviously. and first of all, they said we want you to cooperate voluntarily. we are not going to ask you about the things you say on tv. we are not going to ask you act any commentary you may have made. and obviously, these aren't issues of privilege, of course, 'cause he was texting other people inside the white house. what's so stunning to me, though, is that it's clear that hannity, um, was saying to them stop this. stop this. let him go off to florida and become a spokesman for election reform. don't talk about the election anymore and how worried he was about january 6th. so, we know that there were some plans that he was worried about. well, what were they? what concerned him so much? that's what the committee is trying to find out. >> i mean, it is incredible, right? i mean, he can't mention the election ever again, period. ever, period. i did not have a good call with him today. i mean, it -- it -- there's no ambiguity about that. laura, you know, according to the committee, hannity wrote one of these texts to meadows, and it was on new year's, 2020, and he is talking about at that point, right, the white house counsel's office is fall age part, right, as trump is trying to find people to overturn the election, hannity writes we can't lose the entire white house counsel office. i do not see january 6th happening the way he is being told. after the 6th, he should announce he will lead the nationwide effort to reform voting integrity, go to florida and watch joe mess up daily. stay engaged. when he speaks, people will listen. obviously, that's not what happened, laura. but how important is the fact that message was sent when it was sent? >> oh, it's critically important, erin. i mean, the idea that he is anticipating the very thing that shocked the entire world. the idea that, somehow, it was some sort of a spontaneous-combustion event where everyone happened to gather coincidentally. it shows that there was some planning, that they were aware of it. that at least the person he was communicating with anticipated this would actually happen on january 6th. which of course, it belies a lot of what we have heard already from discussions about f flatfootedness and the shock and how could anyone prepare for this? if he was aware at that point in time that january 6th as we now know it was coming, that does not bode well about any argument whatsoever that suggests that they were completely blindsided by it. also, the idea of how did you think it was going to go? the notion that this was the idea of him going back to florida, conceding he actually locket the election and that last statement there saying when you talk, people will listen. well, that really foreshadows another very key moment the committee's already talked about. the idea of people trying to implore the president of the united states at that time -- donald trump -- to stop because of his influence. because the extraordinary influence on the people who were actually at the capitol that day. so, all of these things really corroborate. so, we already know what happened here that it wasn't coincidental, there was advanced notice, that there was some anticipation of this event. now, whether they knew the lengths it would actually go that day, of course, remains to be seen. but this demonstrates there was some prior knowledge, facilitation, strategizing, and planning of the event that was an attack -- a physical attack -- on the citadel of our democracy. excuse me. and also, an ideological attack on the integrity of our elections. >> so, gloria, that brings us to what bennie thompson the chair of the committee is saying, that they want to hear directly from former-vice president mike pence. i understand of course that makes complete sense, right? but, you know, pence was the former vice president. anyone at his level of importance has not cooperated and obviously he was central to this. so, month ago, he was asked whether he would cooperate with the committee. he said, quote, we will evaluate any of those requests as they come. what are the chances that pence actually comes in and answers questions, and doesn't claim executive privilege or anything like that? >> well, i -- i think obviously he would -- it's very difficult with pence because, obviously, there are conversations that he had with the president of the united states as vice president that would be plifb privileged. but one thing we ought to keep in mind here, i don't know the answer to your direct question, to be honest. what i do know is that team pence -- people who worked with mike pence are talking to the committee. >> yeah. >> some have been subpoenaed. you know, i mean, there's been a subpoena. others are coming in voluntarily. so -- so, i think that if you don't talk to mike pence, you will get a pretty idea good idea -- a very good idea of what was happening that day and before that day and after that day because there were people who were always with the vice president. he doesn't travel alone. we know there were people with him, um, inside the capitol. so, we -- you -- you'll get an idea and i don't know if the committee -- i mean, you know, what bennie thompson told ryan nobles is very interesting because, of course, they want to hear from him. the question is whether they get into a -- an issue with the former vice president. i don't know the answer to that, yet. and i don't know whether they are going to have to because there is other ways of gleaning that exact -- >> which is really important. laura, one other thing. we have just learned that the former president trump, you know, he -- i don't know if anyone watching this knows this but many people do, i want to make sure everyone is it. he announced he was going to have a press conference on the anniversary of the insurrection and i think there were a lot of people who said even knowing that he has upped the ante on fraud and rigged and all that, to do that on that day was significant. and now, all the sudden, he is just come out a few moments ago and cancelled that press conference. laura, why do you think -- i mean, i don't know who is behind that or what happened but this isn't something he usually does, to back down and do that. what do you think the reason could be when you look at everything circling around him? >> well, the reason should be that it's an extraordinarily poor taste and to the extent the committee's revelations have pointed a finger right at the former president of the united states, if there's suggestion he was somehow complicit in what happened as well, the idea that he would hold a press conference in some way to not commemorate it as what was antithetical to our democracy but somehow a pat on the back or promoting further this already metastasized big lie. and of course, it's odd that he would do it knowing speaker pelosi and others have already said they are going to have events, as well, to commemorate not as an extraordinary triumph but as the tragedy of what could have befallen our democracy that day. i am shocked that he would want to, um -- that level of competition. but it is also the idea here that everything he says could be used against him not only in a court of law. remember, the supreme court presently is looking at the case about the national archive. figuring out whether or not in that checks and balancing notion, whether there is a cost-benefit analysis of having this transparency. everything he says could inurge the benefit of the committee and this president has no privilege on these issues, no extensive privilege on these issues and that whatever he says could go against him in front of the supreme court of the united states. maybe his counsel told him to zip it or risk actually having all those documents come to light which i assume will not bode well for him. >> yeah, it does -- it does seem to indicate that there is some sort of concern or fear about what is going on there. thank you, both, so much. i appreciate your time. and next, breaking news. trump targeted in two new lawsuits tonight. police officers who responded to the january 6th attack. and a showdown over keeping schools open. one of the most powerful teacher unions threatening a walkout over chicago's decision to keep kids in school. this as president biden remains defiant on his push to keep schools open. and the cdc again updating its guidance for people with covid. so, when can people who test positive actually -- when are you allowed to come back out? 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join today for 50% off at ww.com. hurry, offer ends january 10th. no ink! ugh! i need you to print, i need you. you think you're empty? i'm empty. do you suffer from cartridge conniptions? be conniption-free, thanks to the cartridge-free epson ecotank printer. a ridiculous amount of ink! you're mocking me. not again! the epson ecotank. just fill & chill. hey, it's ryan reynolds, owner of mint mobile, with a holiday offer i think that you're gonna like. when you switch to mint now, you'll get three months of premium wireless free, on any plan, even unlimited. yes, you can't resist savings. breaking news. former-president trump hit with two new lawsuits from police officers who responded to the january 6th attack alleging trump directed the assault, that left them injured and traumatized. it comes as some of the people who rioted that day remain defiant saying they didn't do anything wrong and they have no regrets. jessica schneider is out front. >> ask me if i would do it again, i want to say yes but then i question in the back of my head would i? >> reporter: former proud boy josh pruitt describes his past year as an emotional train wreck. >> i don't feel i did anything wrong but knowing the consequences that came out of it would be the part that would make me question it. >> reporter: prosecutors have laid out on array of video as evidence against him. pruitt can be seen confronting capitol police officers, after walking in through the shattered front doors. and inside the capitol crypt, pruitt is caught smashing a sign. all of it, leading to eight federal charges against him, including counts for destruction of government property and acts of physical violence. but pruitt defends his actions that day. clinging to the big lie that former-president donald trump continues to spread, and saying he has no plans to plead guilty. >> i was just a patriot out there, you know, um, protesting against what i think is a stolen election. trying to send me to prison for a few years over this, i think is a complete joke. >> are you concerned that you could be, in fact, sent to prison? >> i am concerned. >> reporter: pruitt is among the more than 700 people now charged in connection with the capitol attack. 70-plus defendants have been sentenced, so far. about 30, getting jail time. >> the first week in january, i have to report to prison. >> reporter: jenna ryan flew a private jet to washington, and notably boasted that storming the capitol was one of the best days of her life. her lack of remorse, in part, prompted a judge to impose a 60-day sentence after she pleaded guilty to a misdemeanor. the judge saying he wanted to make an example of her, after she shamelessly tweeted that she wouldn't get jail time since she has blonde hair, white skin, and did nothing wrong. >> all those 600 people that have been arrested are now wondering what is going to happen to them and prison is -- can happen. >> reporter: several of those sentenced are expressing remorse. eric row got 45 days in jail after pleading guilty to just one count of disorderly conduct. the federal judge admonished row for trying to undermine the peaceful transfer of presidential power, what he called one of the country's bedrock acts. he struggled to speak at sentencing telling the judge, there is no disuexcuse for my actions on january 6th. i can't tell you how much this has just twisted my stomach every day since it happened. another rioter, robert reader, got three months in jail. during his sentencing, he pleaded with the judge saying he lost his family, his job, and his place within his church community after january 6th. i am embarrassed, i am in shame, reader said. the hurt that i have caused other people, not just to myself, has left a permanent stain on me. society, the country, and i don't want to be ever remembered for being part of that crowd. josh pruitt, though, still isn't willing to admit guilt or cooperate with prosecutors. video of pruitt pledging to become a member of the proud boys in november 2020 went viral. pruitt says prosecutors are asking him to help make the case against other proud boys facing conspiracy charges but he claims he no longer associates with the extremist group. >> i don't have anybody to throw under the bus, nor would i anyway. um, and i just -- what i am saying doesn't fit their narrative because they would like me to come forward and say that it was planned. and i'm like no, it wasn't. everybody thinks that we had all these plans going into this. not to my knowledge. i was in touch with some pretty right-wing people, and we never heard anything about that. >> reporter: while pruitt waits out his next court date, he spends most of his days inside his nashville apartment wearing an ankle bracelet and abiding by a 9:00 p.m. curfew except when he is working as a bartender, something that is approved by the court. pruitt expects his case to go to trial, and says he still stands by the big lie. >> for sure. >> and do you still believe that? >> i still believe it. >> reporter: and pruitt isn't the only one i spoke with several accused rioters on the phone. they wouldn't go on camera because of their pending cases or the fact they wanted to stay out of the spotlight. but the handful that i spoke with, erin, say they still believe the election was stolen. and not only that, they don't believe it was just pro-trump supporters who stormed the capitol that day. they tried to tell me that they also believe it was mostly members of antifa. in the meantime, erin, the fbi is still going strong in their investigation. their latest numbers they say they are still searching for about 350 people accused of violent acts right here at the capitol. erin? >> incredible that they are still searching in this country for 350 people. incredible. thank you very much. the entire report. i want to bring in michael fanone, former 20 year veteran of the d.c. metropolitan police, and of course, you were viciously attacked by rioters as you protected the capitol. this is so people can see you in the midst of this. you know, dragged in that crowd and you, of course, are now a law enforcement analyst here with us, and i am grateful to have you on the show. so, aurz there and you are fearing for your life, and then you hear this report -- this rioter say he didn't do anything wrong. um, that he would maybe even do it again. how does that even process through your mind? >> i mean, i couldn't care less about the individual rioters or insurrectionists' perspective on that day. the only thing that i'm interested in with regards to their behavior is accountability. if there is evidence that they committed a crime, um, i want them to be held accountable for those crimes. >> now of course, you mention -- yeah, go ahead. go ahead. finish your point. >> if they are remorseful of the time, you know, for the -- to plead for the mercy of the court is at sentencing and if they're not, you know, feel free to -- to let the judge know that you're not remorseful for your actions. >> and, you know, she mentioned, what, more than 300 people that they are still looking for. i -- i find that shocking, michael, and i think to myself, you have the fbi on this. you have got hundreds of hours of video and -- and 300 people who stormed the capitol that they want to charge, they can't find. and i know you are saying this is accountability is what really matters. and another officer who you testified with, um, said earlier if the people who perpetrated the attack aren't brought to justice, then -- then it's not accountability, then it could happen again. let me just play what officer gonell said. >> hold people who are responsible accountable, including those elected officials because if they don't do that, this might be a recurring issue every four years. >> thus far, michael, right, it's -- it's the people who were actually there rioting, the insurrectionists being charged and 300 of them, they can't even find. but -- but none of the politicians who said the words and the lie that caused all those individuals to be there. do you have any hope that the right people will be held accountable? >> um, yeah, i mean, my experience as a law enforcement officer and as american, i think that, um, unfortunately, many of these politicians are going to get away by hiding behind, you know, political speak and, um, the idea that, you know, that their words were -- were not intentional. so, no, i don't believe that there is going to be accountability for those individuals who were involved in the planning and preparation for that day. and also, those whose inciteful rhetoric resulted in the insurrection at the capitol. >> so, i know that you -- you have talked about that day and other of your colleagues have, as well. the trauma that it caused. the real toll it continues to take on their lives. and now, you know, when you -- you look through that, morale i know is low. staffing in short supply. capitol police officer told "the washington post," michael something you probably know of course better than anyone but the quote was there is a dark cloud over capitol hill. i looked at officers' faces and they've changed. the they've lost weight and they don't know why. the capitol police chief, michael, says the force is 400 officers short. 400 officers short. and -- and they are citing fallout from the insurrection. what are you hearing from your former colleagues? >> well, i left the u.s. capitol police a long time ago, in 2003. um, but i do speak to quite a few officers on the hill and i know from my time there. but what i witnessed on january 6th and, you know, since then in the conversations i've had with officers is a -- a real crisis in leadership within the united states capitol police that i don't think has yet to be addressed. it -- it wasn't addressed, um, at least not directly in the inspector general's report. it's not something that's been talked about publicly. but there was a real failure in leadership at the executive level or at the command level within the united states capitol police. and until that's addressed, i don't see morale improving and i certainly don't see the agency retaining officers who feel like they've been abandoned by their command-level officials. and unfortunately, i think that demands resignations. >> all right. well, i really appreciate your time, officer. thank you very much. >> thank you. and next, the breaking news. we are standing by for a vote from the chicago teachers' union. they don't believe it's safe for students to return to the classroom. but chicago officials and even president biden disagree completely. plus, senator manchin tonight with surprising answer about the future of president biden's transformative build back better bill. with vitamin c, d and zinc* season after season. ace your immune support with centrum. now with a new look! 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just taking you across the political spectrum. but it's not just politicians who have all gotten on the same page. they are actually echoing doctors and the science. we are hearing the same thing from doctors. >> that teacher's union is wrong and all the teachers' unions that are saying we have to delay kids going back to school are wrong. we know what it takes to keep children safe in schools. we need to get our children back at all costs. >> need our children to be in school. most importantly, you know, the socialization. social development. the kids so sorely missed last year. >> and doctors say the country has tools to get kids back in class safely. you have actually heard the chicago commissioner saying it, right? vaccinate. any kid in kindergarten and up is eligible for vaccination, boosters, masks, all depending on the age with boosters but everything else, vaccinations, any -- any kid can have. and that's important because every parent knows now that remote learning is not good enough, and there is science to back that up, too, or statistics. according to an education research group, nwea, the math and leading levels for kids in just grades 3 through 8 were lower than normal this fall. not something any parent needed to have a study to tell them but these are among the reasons that officials want kids in the classroom. omar jim nenez, members are jus beginning to vote. what are huh everything? >> yeah, erin, so voting should be underway among the 25,000 rank and file members of the chicago teacher union on whether they would want to move strictly to virtual learning, which of course goes against what the school district asked them to do and the district just sent out communication to parents just a few moments ago warning them that tomorrow classes could be cancelled. and saying that we won't know until after 9:00 p.m. local time. now, the two sides were at the negotiation table earlier today and part of the concern for the chicago teachers union is they don't believe the current measures in place by the school district are safe enough to return in person. though, in-person classes resumed on monday. specifically, they say there is not enough access to testing, and that only about a third of the student population is actually vaccinated. though vaccination rates among teachers are higher within the context of record case numbers over the past few weeks among students, staff, and the city of chicago as a whole. now, the school district has maintained the classroom is safe as we heard from -- as we heard from a number of public officials on both sides of the aisle. saying that the measures, like universal masking, social distancing, are working. but also, offering to go a step further saying that they would -- they are proposing metrics at the school level to then go to remote learning. for example, if 50% of the student population has to isolate or quarantine, they prefer doing that as opposed to a district-wide move, which of course is what the teachers union is voting on now. erin. >> thank you very much, omar. i want to go to cary rodriguez now. she is president of the natural parents union and seattle area high line public schools superintendent. i appreciate both of you. cary, i know you have five boys of your own in public and private schools. you also represent parents across this country. president biden has made it clear, um, you know, as someone who has obviously been always very pro-union, that in this case, he disagrees with the union and says that they are wrong. he believes schools should remain open but is he doing enough? >> he is not doing enough. and frankly, um, the lack of understanding that we now have children and families in the crossfire of this gigantic mess that is kind of laid in our laps because we have had a failure to plan for this moment, knowing that we were going to have a winter break. knowing that we were going to have a covid spike. i mean, all of this is really being left on the shoulders of american families who are also hold -- trying to hold up the american economy, at the same time. so the words are nice. it's not enough. we need action in this moment. >> so, you know, parent as well and i have been amazed at the fortitude of teachers, coming against gsh -- against all odds in so many cases. i say that to say the teachers union may not reflect what a lot of teachers think. we will see how the vote goes in chicago tonight, superintendent. but let me talk about what you are seeing. in your district, 190 teacher absences today. 177 yesterday. what is the reason for those that you understand? >> there is not a lot of transparency around -- >> okay. superintendent, do you have that transparency? what do you know? >> yes. so, we do have, um, a breakdown of reasons. the vast majority are illness. some are for childcare. um, but we have been able to fill those absences, both with substitutes and, frankly, with an all-hands-on-deck strategy with using central office folks and others to make sure that every one of those classrooms was staffed. >> i mean, it's incredible. and parents appreciate it. i mean, cary, what reaction are you getting from parents? when we hear schools were closed or moving to distance learning, we get that headline of philadelphia or you see what is happening in chicago. what is the reaction of parents? are any of them supportive of it? >> it really depends on the situation. i know that a lot of parents -- what i can say is that we're deeply, deeply frustrated because many of us -- myself included -- got e-mails on saturday night or sunday night saying, you know, we're scrambling at the last minute to try to figure this out. um, your kid is not going to be -- be able to go to school tomorrow. it's going to be a two-hour delay or we're going to delay you until tuesday. or we are going to have the next two weeks off. and we're talking about the vast majority of the kids impacted here are children of color, who are poor, who are black, who are brown. these are the kids that are being impacted in chicago, in newark, in atlanta, in philadelphia, who are being kept out of school in this moment. so, these are -- these are parents who have been chronically underserved, their children are going to underperforming schools. many of them are working jobs that are minimum wage. they are going paycheck to paycheck. again, taking two days off when we are here on january 4th -- nobody has any pto. many of us are literally just living hand to mouth. this is not an opportunity that is making a lot of parents have confidence in the american public school system right now. but again, in -- in addition, we also have to understand that president biden's child tax credit also ended in december. there is no safety net for american families right now and we're not seeing enough leadership not just words but actions from president biden, from democratic leadership. you know, this is a critical time for them to really step up and start listening to us. >> so, superintendent, let me ask you because, you know, the teachers' unions, um, i know, they are supposed to be fighting for the -- for the teachers and ultimately that means fighting for children, it should, right? but i made the point at the beginning, how many teachers are -- are just doing everything they can to make this work. right? and like you are doing it, right? people from the central office. so, what -- i am not saying all teachers, again, we will see what happens in chicago. but -- but what i am saying is what we're seeing from a lot of teachers is actually not what the unions are saying. the unions seem to be fighting to, in many cases, to have schools close for a variety of reasons. but the teachers don't seem to want that. so, why are the unions not in touch with the teachers? >> well, erin, i think that you probably can't paint all unions with a broad brush in that way because these are -- these are large groups of people, and you are going to have, you know, a difference of opinion. i can tell you here that, from the very beginning of this pandemic, student and staff safety was -- was paramount. it was our top priority and we partnered with our union leadership from day one to make sure that we had agreements on what safety would look like in our school buildings and we continue to do that. i feel very fortunate that we have union leadership here in high line who has consistently come with a problem-solving approach to make sure our shared interest of keeping our students in school, as safely as possible, can be our reality. and right now, it is. and going remote will be a last resort for us because we know -- um, and the vast majority of our staff would agree -- we all want our students to be in school. we want to be in school with our students and we need to keep safety at the forefront but we are going to keep our students in school as best we can. um, but also prepare for whatever scenarios may be coming down the pike in the days and weeks ahead. >> all right. appreciate both of you. thank you very much. and next, the number of americans hospitalized quickly approaching the record set last january. more than 112,000 people being treated in hospitals tonight. but are the situations different than they were then? plus, senator joe manchin suggesting he is open to modest changes to the filibuster rules. but there is a catch. were cooki. so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. 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. it was a tragedy. with knockoff batteries, little miss cupcake never stood a chance. until, energizer ultimate lithium. who wants a cupcake? the number one longest-lasting aa battery. yay! case closed. nicorette knows, quitting smoking is freaking hard. you get advice like: just stop. go for a run. go for 10 runs! run a marathon. instead, start small. with nicorette. which can lead to something big. start stopping with nicorette. new tonight. the cdc updating isolation guidance for people with covid. and after all the criticisms, the cdc is still not outright recommending people take a test before ending isolation so there is ambiguity. they now say if you want to take a test, do it around day five of ice lagds and if you test negative, you can just wear a mask for five days like previously recommended but if the test is positive, of course they say well, add another five days on to the isolation. all in, though, this is a reversal after cdc director rochelle walensky said this. >> this decision really from the isolation standpoint had everything to do with the fact that we wouldn't change our guidance based on the result of that rapid test. >> out front now, dr. william schaffner, member of the cdc advisory committee on immun immunization practices and, doctor, i appreciate you as always. look, we all know there has ban lot of confusion over the guidelines from the cdc. do they need to be clearer on all of this? i mean, you know, to test or to test is optional? >> so, erin -- erin, balancing is very, very important. and the cdc is trying to balance the best science with what's acceptable to the population, and the population wants to do a lot of testing and they hope that testing will get them out of isolation and quarantine faster. that is worthwhile but there are some traps there. for example, that pcr test -- the best one -- it can be positive for a very, very long time. so, let's take all that into account and i'm out supporting the cdc on this trying to make it work for the most people. keeping the risk low, and also allowing us to open up our economy. >> yeah. i mean, you know, that -- that is -- that is obviously crucial. so, when i look at the numbers right now, dr. schaffner, more than 112,000 people are in american hospitals with covid right now. higher than the peak for delta in september. quickly approaching the record set last january. so, are these hospitalizations as bad as they were then in their -- in their substance? is something different? how concerned do we need to be? >> well, i'm still concerned about the people in the hospital. being in the hospital is no picnic. and the folks in the hospital are overwhelmingly unvaccinated persons. the vaccine and the boosters give you mild infections, and keep you out of the hospital. and vaccines are actually working. it's the unvaccinated folks that i am concerned about. adults and children, together. >> right. right. and of course, you know, it's -- the irony, of course, is protecting them is now holding the economy and society back with -- with all of these other rules that go with that. thank you very much, doctor, i appreciate your time. >> thank you. and next, joe manchin, the senator opening the door to changing the rules that are holding up parts of biden's agenda. but that does not mean that he is ready to actually act. we will hear what he said. and pictures are shocking. cars and trucks on interstate 95 for more than now 24 hours. what went so awfully wrong? 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(laughter) a stove that inspires magnificent hot cocoa. and a perfect ski-in ski-out. but the thing they'll remember forever? grandpa coming out of retirement to give a few ski lessons. the time to plan your get together is now. find it on vrbo. new tonight. democratic senator joe manchin suggesting he is open to modest changes to the filibuster rules but modest isn't enough to get biden's agenda passed including the voting rights bill president biden has pinned so much political capital on. >> i think the filibuster needs to stay in place. i am optimistic. >> manu raju is out front on capitol hill where he spoke with manchin. so -- so, manu, he is saying, you know, wants modest changes but nothing that would actually change the filibuster fundamentally. what does this mean for the voting rights bill? >> it is going to be really hard to get the voting rights bill passed because in order to get the voting rights bill approved by the senate, you need, under the current rules, 60 votes. that means 50 democratic senators and ten republican senators. that is not going to happen because republicans called the democratic approach a federal takeover of elections, and there is no bipartisan support for the larger plan. now, the other option is to change the rules. do that by straight-party lines. that is allowed under the procedures of the senate. but in -- in the 50-50 senate, that means one republic -- democratic senator could defect and prevent an effort to change the rules and that's what joe manchin has been crystal clear about, as well as kyrsten sinema saying they will not support a party-line effort to change the rules to pass a voting rights bill, concerned that future majorities could use the same tactic over future minorities. and when i asked manchin about whether he is open to this idea, known on capitol hill as a nuclear option, he made clear the door is pretty much shut. >> being open to a rules change that would create a nuclear option -- it's very, very difficult so it's a heavy lift. >> talks are still ongoing in the senate. manchin did meet with chuck schumer this evening. there is a push by schumer to have a vote by martin luther king day to change the rules by january 17th. but they will almost certainly fail, erin, unless something dramatically changes and at the moment, it doesn't appear that it will. >> manu, thank you very much. and next, the nightmare on i-95. traffic, finally, moving again in virginia. the start of more than 24 hours ago. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. want your clothes to smell freshly washed all day without heavy perfumes? 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and say it's kind of you have to figure out the strategy. full blast heat the car up, turn it off. and then, try to catch some sleep. in about 20 to 30 minutes, it gets so cold you have to do it again. >> incredible. officials say no one is stranded. took them more than 24 hours to solve it. thanks for joining us. anderson starts now. good evening. a lot of breaking news to cover this evening, including new guidance from the cdc on when and how to isolate. also, mask use. and that tragedy that is still unfold ongoing interstate 95 outside the nation's capital but we start with what we just learned a short time ago from the house select committee investigating the capitol hill insurrection. two days before the one-year anniversary and as security of the nation's capitol ramps up in anticipation, the committee has publicly sent a letter t