live from cnn center, this is cnn "newsroom" with michael holmes. top ranked tennis star, no novak djokovic is having his case heard at a court hearing. his visa was canceled because of not meeting vaccination requirements for entry, and he was granted a medical exemption after recovering from covid. the federal government says that doesn't count. meantime his supporters gathered outside the courthouse as the hearing continues. djokovic has been cleared to watch the hearing via video. his parents joined fans at a rally in belgrade to show their support for the tennis star. and we are joined live from melvin. victoria, the back and forth and the judge at one point said what more could this man have done? how is it all heading? what are the arguments being made? >> just over an hour ago we were expecting some form of closure, and that was at a time when the injunction preventing novak djokovic's visa was set to expire, the judge extended it until 8:00, four hours into the evening here. and we expect the government's lawyer to continue when they return. we heard from djokovic's lawyer through the day and they talk about why they believe he was treated unfairly when he arrived. they detail what they believe to be a series of dispheubgz and misjudgments and a series of incorrect procedures, or breaches with correct procedures, i should say. on top of that, they argue that he, in good faith, believed he had everything he needed to justify entering the country with an exemption from vaccination, for the same reasons the australian open granted him an exemption to play without being vaccinated, and that's because the body which advises the government on vaccine policies says when somebody is recovering, there's grounds for a temporary exemption. the lawyer throughout the afternoon has been disagreeing with all of that, and it's fair to say at times the judge said it fairly sympathetic to the arguments presented by novak djokovic's lawyer, particularly upon the evidence he presented upon arrival and when it comes to the way he was treated and processed through those eight hours or so that he spent in the company of border enforcement officials before they decided to cancel his visa. we are undergoing a short add skw adjournment with the expectations they will continue into the night. >> i see the signs behind you, protesting, and that's hotel where australia keeps migrants and others, and the attention is shining the light on the country's complex refugee and migrant process and policy, doesn't it? >> yeah, this hotel behind me has been a focus of protest long before novak djokovic checked in and came to say for a while. the reason is many people who are either asylum seekers or refugees, and they are held there in the state of legal limbo while the government works out what to do with them, and that's because of a very strict policy that the federal government has enacted for sometime now, which is intense on detouring people arriving on boats seeking asylum. the policy essentially states if you get this way, regardless of how just your claim to asylum, you will never be allowed, and people endure years in being detained in a facility like this often with very terrible stories to tell. it has been a subject of criticism from refugee advocates, and from here and around the world for many years, and it doesn't get this sort of spotlight and it is now doing so because it has a very famous celebrity guest in the hotel behind me. this hotel is not only detaining asylum seekers and refugees, and also the world's number one tennis player. >> yeah, bill black in melbourne, appreciate it. joining me now to discuss this is cnn's "world sports" host. what does missing a grand slam do for his chances of breaking the record, especially since rafael nadal is fly into australia? >> yeah, djokovic turning 35 in may, and if he doesn't get to play in australia will be a huge blow to him. he came very close last year when he failed in the final in new york city, and lost to medvedev. that would have been the first man to win all four tennis slams in a year, plus a gold medal at the olympics. the only person to do that is a certain steffi graf of germany in 1988. we put up there the grand slam tournament for this year, and if he doesn't get to play in m melbourne, his next crack is in paris and wimbledon and the u.s. open, and we know players playing in this year's french open do not have to be fully vaccinated. we do know that. so there's a real chance without question that djokovic will be playing in that one, but by the time the french open comes around, if djokovic doesn't play in australia, nadal could already been at 23. >> yeah. remember the other person is not playing, and he could get to 21. it speaks to what this is all meant for the tournament itself, how if djokovic doesn't play, how does it affect the draw? >> you know, he will be absolutely not getting himself carried away, but he just had a big win himself over this weekend and that will do wonders for his morale. he's coming back from injury. he had a recent covid positive test as well despite being fully vaccinated, so nadal intriguingly, he will be looking optimistic, indeed, but he exudes con iffidence, and many people can't believe the highly-talented german is seeking his first grand slam. there's players in that tournament draw that are desperate to have a crack at getting their hands on the title, the year's first grand slam of the year, of the new year, and it's always a special occasion, the australia open, and it starts one week from today. this is a horrible mess for djokovic. >> if djokovic doesn't play, and the only person in the draw that can get to 21, and his name is nadal. patrick, thank you very much. good to see you. >> thank you. nine people dead including nine children from a fire in new york city. it broke out sunday morning in a bronx apartment building. the fire commissioner said 32 people were sent to hospitals with life-threatening conditions. >> i am just, you know, sad because this is like a family, you know. we lost a lot of lives, and it hurts very bad, especially children and even elders, like, i see these people every day. it's hurtful. >> the fire commissioner said the flames quickly spread throughout two floors, and the open door where the fire started spent heavy smoke throughout the apartment. >> there was one door open from a stairwell to the floor, and smoke and heat travel upward. that we know. that's what happened here. as the mayor said, it's a very difficult job for our members there. air tanks contained a certain amount of air, and they ran out of air, many of our members and they continued working to try and get as many people out as they could. it certainly is traumatizing when we can't save a life, and our members tried diligently to bring some of these people back and to bring them out as quickly as we could. we will have our counseling service be very busy after this with our members who are saddened by this terrible loss. >> now, new york's mayor calls the fire one of the first the city has seen in modern times. >> it took only hours for investigators to discover it was a space heater that initially started this fire that quickly broke out. it was just before noon on sunday when that fire broke out. investigators saying it was not the flames that caused so much destruction and death, but it was the smoke -- in fact some of the pictures you can see from the scene, you can see how the smoke was billowing out of windows and even out of the top floors of the 19-story building, and at least nine people confirmed dead, 19 people confirmed dead, and we know that many of the dead are children, simply adding to that heartbreak and much of the heartbreak, the governor of new york seeing firsthand as she spoke with some of the affected families. >> we are, indeed, in shock. it's impossible to go into that room where scores of families are in pain, and to see it in a mother's eyes, i held her, and she lost her entire family. it's hard to fathom what they are going through. i went table to table, helped children make their noodles and eat therir pizza, and let them know one thing, we will not for get you, we will not abandon you. we are here for you. >> in the days ahead the community continues to come together. in fact, late sunday night we could see many of the members of the community coming together and going into a school serving as a shelter making sure the families had a warm place to stay and also a warm meal. back to you. >> thanks. actor and comedian, bob saget, has died. he was found deceased in an orlando-area hotel room on sunday. authorities found no signs of foul play or drug use and say the cause of death will be determined by a medical examer. saget was in florida as part of his comedy tour. in a statement his family said, quote, he was everything to us and we want you to know how much he loved his fans, performing l live and bringing all walks of life together in laughter. he was just 65 years old. and then just ahead, we'll discuss about the talks between the u.s. and moscow and what that means for ukraine after the break. e it. for some, this is where their keytruda story begins. keytruda - a breakthrough immunotherapy that may treat certain cancers. one of those cancers is advanced nonsquamous, non-small cell lung cancer where keytruda is approved to be used with certain chemotherapies as your first treatment if you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, 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bars, and that's not taking into consideration what she was slapped with just last week, another five more charges, and this was related to the rental and purchase of a helicopter for the use of natural disasters and emergencies and state affairs. we know that she was deposed on the 1st of february in that military coup, she has faced more than a dozen charges that could carry a sentence of more than 100 years behind bars. what we are talking about is this noble peace prize laureate at the age of 76, she could p potentially spend the rest of her life in jail. all of these charges are baseless, and they just want to end her political career. they are certainly doing a very good job of that. as for the resistance movement, you know, we saw the widespread protests when that coup took place last year, that brutal crackdown then followed, and hundreds were killed, thousands were arrested. we may not be seeing those crowds on the streets, and we know that resistance we just spoke to our local producer on the ground in myanmar, and he said that he has been hearing of explosions in the cities, and he's apparently being staged by the underground resistance movement, and he knows many protesters went to the jungles to learn how to train with the ethnic minorities in myanmar, and while she may be behind bars and facing a lengthy prison sentence, the people, the protesters, are still trying in their way to resist the military. >> thank you for the latest. at least 164 people dead and more than 5,000 are being detained in connection with th e protests protests kazakhstan. the u.s. is hoping dialogue can keep the kremlin out of ukraine with russia's troop buildup stoking fears of an all-out invasion, talks are supposed to begin in switzerland in less than two hours from now. the russians being led by diplomat sergei, and sherman will also lead the u.s. delegation of meetings between nato and russia on wednesday. cnn's nic robertson is in geneva with a look at what led to these talks. >> russia's troop buildup on ukraine's border triggered t tensions. by mid november, close to 100,000 troops, u.s. nato fearing an invasion of ukraine, and russia claimed they were doing exercises and training on their own soil and wanted to have talks. president vladimir putin got joe biden's attention and a video call. biden warned putin an invasion would prove sanctions. the uk backed him up. days later russia responded launching, among other things, legally binding guarantees nato deny ukraine membership, a nonstarter for nato. in 2014, leaving putin's credibility on the eve of talks at an all-time low. >> the capability of this, and the track record, of course, that sent a message, that's a real risk for a new armed conflict in europe. >> from putin's perspective, the collapse of communism, and nato's expansion since hit his red line. ukraine -- >> are we deploying missiles at the border? we are not. >> by pitching u.s. and nato separate demands and seeking separate meetings, putin wants to weaken nato. >> they want to draw us into a debate about nato rather than focus on the matter at hand, which is their aggression towards ukraine. >> going into the high-stake talks on monday, u.s. is going to share russia's tactics with allies, so when they go into the meeting later in the week, they can be better prepared. the challenge for the u.s. will be finding a compromise that is agreeable for european allies that is strong enough for putin to sell at home. nic robertson, cnn, geneva. cnn political and national security analyst, david sanga joins us now, and he's white house correspondent for "the new york times". what are the potential penalties the u.s. could use as leverage to dissuade russia from any provocation? >> well, it's good to be with you. they have been laying out in pretty clear terms now to the russians and through the europeans what those penalties would look like. some are financial, cutting off the biggest russian banks from the world financial system. some are technological. they would involve export barriers to sending semiconductors, and other microelectronics into russia that could be used for industrial purposes, for defense purposes, and also being contemplated is cutting off all consumer electronics that use american designed chips or software, and that could mean cell phones. it could mean refrigerators. it could mean many of the things on which the russians are highly dependant on on imports, and then finally a military support of insurgeon sea should russia invade. >> is there a sense that the americans can't let that happen again, and anything response would have to be significant? >> there is a sense that they made a big mistake in 2014. first, they were caught by surprise, which they would not be here because the invasion that ended up of the annexation of crimea, they would see what the sanctions would be ahead of time in hoping that changes putin's calculous. there's also a sense of the reaction in 2014 was too mild and that perhaps it was too mild after the ma nipulation, or the effort to manipulate the election in 2016 -- >> this is cnn breaking news. >> we break away to bring you breaking news. there's a decision made in the djokovic case. i think a lot of people might be surprised, bill. >> reporter: well, it's significant news. a short time ago the judge that has been hearing the arguments today, judge anthony kelly, ordered that the cancelation of djokovic's visa be overturned, and djokovic's lawyers successfully argued that today, and he will be released in the next 30 minutes and his personal affects and passport will be returned to him. we don't have the reasoning of why the judge has come to that decision, and we were talking throughout the day that the judge sounded sympathetic of what was going while the process was unfolding, as he was being interviewed and processed at the border last week. they allege he was treating unfairly at some points and he acted in good faith and why he should be allowed in the country without showing the exemption. it's up to them to determine if there's grounds for an appeal, and there's a possibility, we are told, in these sorts of cases it's not unusual for the government lost its attempt to cancel a visa come up with a whole new reason to. and i don't know if the government would pursue that sort of option should they lose the case, and they have not revealed their plans yet. and the ball is in their court, and for a moment a significant win for novak jockvic in court. one that allows him to leave detention within minutes, we understand, and have all of his effects returned to him. if unchallenged, if accepted and it's a big if at this stage, and if accepted by the government that means he's free to continue his preparations for the australian open, which is set to begin in a week's time, michael. >> it will be interesting to see his reception when he goes to step on the court. the australian government, the prime minister himself has come out and forcefully said the law is prior infection is not a reason to get in. where does that statement go now? if that is the federal government's law, that surely should take precedent. what has been the reasoning on that? >> reporter: i guess it comes down to the interpretation of the law and that's what a lot of discussions in court have been about today. i think there's a reason that the federal government will have the option to pursue an appeal, and pulling djokovic aside and deciding to cancel his visa, and they backed that decision completely giving it their full political support, saying this is a case of australian law being applied ae equally to peo, no matter how rich or famous. the government has been accused of trying to score points politically here, something that they have rejected, but this would come as something of an embarrassment in this because they invested such political capital in supporting arguments made in canceling his visa. >> there has been a lot of speculation that the prime minister, scott morrison, in some ways this was a gift for him because he's fighting off controversies, and it's a good way for him to be a tough guy on immigration, right? >> well, there's a federal election coming, and that election coming would be seen as a referendum on the government's handling of the referendum to the pandemic, and currently infections are soaring here as they are in many parts of the world, but australia has evndurd very strict border controls, and not everybody is happy with the way the government has handled it. there was plenty of reasons to suggest the government was going to face a fight in this. it's not going to lose too many points by being tough and uncompromising on novak djokovic. what they do from here will be quite fascinating to watch and see, whether it can afford to back down and accept the court's decision as it is, and that does not seem in fitting with the style of this government in terms of how it tends to respond when under pressure, i think. but we will wait and see what the government's next move will be. for the moment it's something of an embarrassment for them knowing that djokovic will walk free from detention. >> that's a good point. the government will not like this and whether they take further action will be interesting. it could take place in the next couple of hours. this means that novak djokovic, he packs up his bags and goes to a nicer hotel, presumably? >> yeah, presumably. he goes to whatever accommodations he had in place previously. he is pretty keen on winning the grand slam title, and i guess that's the takeaway in his willingness to endure all of this and the fact that he did not get on a plane and return home shows that he holds very strong aspirations to winning here in melbourne. again, it would be his 10th victory and his overall 21st grand slam title, taking him one title ahead of his great rivals, roger federer and nadal. what happens over the next couple of weeks will be historic, certainly in the world of tennis. >> yeah, did it knock him off his preparation or fire him up? phil black in melbourne, great to see you. thanks so much for that. we will take a break here on cnn "newsroom." we'll be right back. ♪ ♪ ♪ easy tools on the chase mobile app. simplicity feels good. chase. make more of what's yours. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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on the vrbo app. ♪ more on the breaking news right now, australian circuit court judge, anthony kelly, rejected the cancelation of novak djokovic's visa. he will immediately be released from immigration detention. for more on this, patrick snell here in atlanta and the senior editor at racket magazine and the host of "no challenge remaining" podcast. patrick, let's start with you. it's a surprise to many given what the stated rules have been. does the experience throw him off kilter in terms of preparation or fire him up and make him the competitor he is? >> yeah, the ultimate competitor, one so motivated to go on and make history. he is trying to be the most successful successful tennis player, and the fact that he put himself through this over the last few days is absolutely testimony to that, what he's been willing to go through to suffer almost to get this to point. you know you look at his upbringing and you look at everything he has been here to get to this point, the family challenges he had a youngster in the part of the world where he grew up, no stranger to adversity. i think he absolutely thrives on it. i do believe if he does, as now it's likely, and who knows about the plot twists, but if he does go on and play he will absolutely determined. i am tap into what nick said a few days ago, he said if he does get a chance to play he's one nobody is going to face, you would think. the australian open starts a week from today, michael. >> yeah, if he plays, i don't want to play him. that's pretty much what he said. ben, let's go to you in melbourne. i guess, you know, where does this -- what is going to be -- you and i talked about this over the last couple of days, nobody gets special treatment. you come here because you are rich and famous and a tennis player and get around the rules that most of us do, and what are they going to make of this decision when he does take the court, presuming he does? >> it's going to be a very polarizing moment for sure, if and when, indeed, djokovic takes the court after winning the legal battle. there's been a great deal of resentment and anger towards people seeing him as trying to get around the rules and trying to get special treatment in a city where there has been incredible sacrifice and group commitment to agree to the lockdowns with high vaccination rates, and he could be deeply unpopular and irritating for people in the city, and it could be a polarizing and fractionized atmosphere. >> before we go back to patrick, give us a sense, you are there, and what have the other players generally been playing about his situation? >> there's sympathy for him as a human being, being held in the facility for days, and also i think there was a sense that he was getting special treatment that would have not been afforded to most people, and he in some ways -- or many ways brought this upon himself, which chose to stay unvaccinated. there are less than 3% of the tennis players to hold out and not get vaccinated. there's a level of pity and sympathy, too, for a colleague of their going through a tough time right now. >> patrick, back to you, we talked last hour that nadal was probably feeling reasonably good because his competitor for grand slam 21 would possibly not be playing, and he is at the moment unless there's more action by the federal government. what does it do to the draw? how are things looking? >> to ben's point, nadal to a certain degree sympathizing, but saying he knew what he had to do to enter the country which was to be fully vaccinated. what a tournament we are going to have. no question about that. nadal, himself going for 21, and there's a high class field there, an elite caliber of tennis players. alexander of germany, of course, many people tip him to go on and win his first career grand slam at some point this year. and the russian star, medvedev as well, the reigning u.s. open champion, and we have already had the biggest story, i believe, at this year's australian open, and we are seeing it unfold right now, and if djokovic goes on to play, and if he goes to win the australian open title and the 21st grand slam title, what a story line, and it's a story line full of contentiousness every way you look eiit, right? >> i am trying to picture him walking on to the court for the first time, a crowded arena there, and seeing what the public reaction is going to be. ben, real quick, there's still a lot of questions that remain in terms of how he handled of this. the photographs of him unmasked in public the day he said he tested positive. also he only tested positive december 16th. what was his plan to come to australia again without that? what was he going to do? there are some loose ends here? >> yeah, absolutely, there's real questions that need answering for the cohesion of his story. i think this will be a round one victory, because the government made it clear they are ready to appeal it and restart it, and the second phase could lead to checking the veracity of his medical documents and checking his timeline and why did he apply for a visa before he applied for a visa, and he said the covid test happened december 16th, very recently, less than a month ago, so there are questions that need answers and we will see how much satisfaction we get from djokovic himself or the legal proceedings. >> yeah, that timing question is one that i think a lot of people want to know. ben there in melbourne, and i think we will be glued to the tv set when we go to round one. thank you, gentlemen. the omicron variant disrupting children and forcing educators and parents to make important decisions. we'll be right back. trelegy for copd. ♪ birds flyin' high ♪ ♪ you know how i feel ♪ (coughing) ♪ breeze driftin' on by ♪ ♪ you know how i feel ♪ copd may have gotten you here, but you decide what's next. start a new day with trelegy. ♪ ...feelin' good ♪ no once-daily copd medicine has the power to treat copd in as many ways as trelegy. 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school district will be back to school starting on monday after spending a week with remote learning. that means mandatory testing for all teachers at least twice a week. and students can undergo testing as well, as long as they have parental consent. but testing remains a big issue when it comes to school districts in chicago and in new york city. the teachers unions in those cities are battling with their city mayors over how to keep kids in school and do it safely. let's take chicago, for instance. they had three consecutive days last week without having any school at all. the teachers union this weekend said they would be willing to come back for virtual teaching, meaning they would be in the classroom teaching while the students were at home remote learning. but the mayor of chicago, along with the mayor of new york city says they only want to see in-person learning, and here's why. >> science dictates one thing. the safest place for children is in a school building. and what we want to do is not get in the way of preventing children from coming into that building. >> fundamentally, what we cannot do is abandon the science. we know november that the safest place for kids to be is learning in schools. we spent hundreds of millions of dollars to make our schools safe. they are safe. we have the data to demonstrate that we've got get the teachers union to get real and get serious about getting back into in-person learning. >> reporter: now along with the issues we're seeing in the schoolroom, we're also seeing a rising number of pediatric hospitalizations across the country, especially when you look at the age group of those who are 5 and younger and who are not eligible to get vaccinated. that age group we're seeing about a 48% increase in pediatric hospitalizations for 5 and younger. when you look at the week of december 4th compared to the week of january 1, and that is an alarge statistic. nadia romero, cnn, atlanta. >> the omicron variant is pushing covid case numbers to new records in a number of countries. the philippines reporting nearly 29,000 new cases sunday, according to state-run news, and that is a pandemic high. mexico also set a new daily record. more than 30,000 new cases saturday. health authorities warned the lack of widespread testing means that number is probably low. also, a lot of folks testing at home, and their results not going into the system either. starting monday, italy is requiring a super green pass to access most public areas. it's only granted to those who are fully vaccinated or who have recovered from covid. you're watching cnn newsroom. we'll be right back. platform. it's an entire trading experience. with innovation that lets you customize interfaces, charts and orders to your style of trading. personalized education to expand your perspective. and a dedicated trade desk of expert-level support. that will push you to be even better. and just might change how you trade—forever. because once you experience 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[ marcia ] clearchoice dental implants gave me the ability to take on the world. i feel so much better, and i think that that is the key. and recapping our breaking news for you, a circuit court judge in australia has rejected the cancellation of novak djokovic's visa. the men's number one tennis player will be released within minutes from immigration detention and can stay in the country for this month's australian open, but the government says the immigration minister will be considering whether to intervene and exercise a personal power of cancellation. djokovic's visa was canceled on arrival in australia for allegedly not meeting vaccination requirements for entry. he was initially granted a medical exemption after recovering from covid. but court documents confirm he is unvaccinated. interesting developments. thanks for spending time in your day with me. i'm michael holmes. you can follow me on twitter and graham@home cnn. do stay with us. the news continues with rosemary church, next. this old spice fiji hand and body lotion has me smoother than ever. that's what it does. ♪ ♪ ♪ ♪ ♪ ♪ deposit, plan and pay with easy tools from chase. simplicity feels good. chase. make more of what's yours. 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. 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. ♪ ♪ 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. this is cnn breaking news. >> hello and welcome to our viewers here in the united states and all around the world, and i'm rosemary church. we begin with this breaking news out of australia where top-ranked tennis star novak djokovic has won a legal battle in court. in just the last half hour, a judge in melbourne rejected the cancellation of djokovic's vis

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