hospitalized, officials say their injuries mostly from smoke inhalation. >> it was like we was going down and so many puppies and dogs laying in the exit was dead. it was hard going down, no backup lights. coming out now they have lights, cleaning the building now. it was sad. i can't even talk about it because we just moved there, i never seen nothing like this before and hope i don't have to go through this again. >> disturbing to see this had in the year 2022. we'll speak with the person who used to lead the fdny in a moment. >> details are horrific. also this morning, developments out of australia, where a judge freed novak djokovic from his nearly one-week covid detention. the fate of his detention is in the hands of the immigration minister. plus the nation remembers bob saget, tragic news over the weekend, the actor best known for his role as danny tanner in the sitcom "full house" has died, just 65 years old. >> let's begin this morning with the breaking news, shimon prokupecz is outside the apartment complex in the bronx. officials saying now that a space heater and gosh, so often we see this be the cause, caused this blaze. what more do we know about what happened and the response? >> reporter: right. they're saying it's a space heater that possibility caused a mattress to catch on fire. firefighters arriving within minutes, jim, and when they got here they encountered huge flames coming out of a third floor apartment, a duplex also on the second floor. it went up the 19-story building hitting every floor and through every staircase of this building. caused panic. people started smelling smoke, coming into their apartment buildings because of a door, a door was left open to that burning apartment, the mayor this morning saying it should have been some mechanism, that forced the door to close but it did not. they are investigating that. here's what the mayor said about that. >> we have a law in new york city that requires doors to close automatically. we were instructed there were self-closing doors. we need to look at the door to that apartment to see if there was any form of malfunction and we can't make that determination until the fire marshals conduct their thorough investigation, but the doors in the building did have self-closing mechanism. we're just looking at that specific door. >> reporter: as the smoke is coming out of the apartment it goes up into the building, the stairs of the building. people trying to get out, many children, as you know, nine dead here, nine children, a total of 19 dead, all of them trying to escape through the stairwell of this building. they encountered thick, black smoke. firefighters found many unconscious bodies and then pulling people out, kids out, trying to rescue so many, many still fighting for their life, over a dozen still remain in critical condition. the cause of the fire as we've been reporting is this space heater. the heroic efforts of firefighters, themselves running out of oxygen to save lives. they were able to rescue many but sadly, so many did die and as we said, many still fighting for their life, jim. >> shimon, it is just heartbreaking to see these images of these firefighters caring for these small children taken out of the building. thank you so much. shimon prokupecz. i want to bring in former fdny commissioner thomas vanesson. firefighters responded within three minutes of that first call, and yet that fire spread so quickly. what made this so devastating? >> i think you hit on it, everybody has said at the doors, that's the key. the building is supposed to have self-closing doors. were they closing? i don't know. it unt it' make any sense to me that those stairwell doors were closing or you wouldn't have that much smoke throughout the building. duplex is unusual, created a problem for the firefighters not knowing where the fire was when they first got there and went to the third floor i'm sure. second floor was also involved, the bottom of the apartment. so it was a difficult job for the guys but i'm sure they got it out quickly. the amount of smoke is not computing that the doors could have been closing especially in the stairwells. the stairwells are supposed to be a safe place for people. we tell them not to use the elevators but use the stairwells. you have so see if it's overcome with smoke, if it is, get off at a lower floor, don't get trapped in there, it's a chimney when it's this exposure. >> i know it's early commissioner van necessary in terms of that and the possibility of other causes being contributors. do you see any issues in this fire and also in your experience with the code, are there requirements that need to change in public housing with sprinklers, et cetera, do you see broader issues from a fire like this one? >> comes up every time there's a horrible fire like this. somebody says why don't we have sprinklers, people in wealthy apartments have splirinklers. these are apartments used a lot for city housing. they should have at least in the hallways and stairwells but in the apartment would be ideal, but that's an ideal situation. it's expensive. nobody ever wants to do it. we passed legislation over 20 years ago with an incident to force people put sprinklers in after extensive renovations but these buildings it's not required. that certainly is a solution but expensive and not going to happen. >> commissioner, does it surprise you it appears the cause of this fire was an electric spals ce heater? we heard this time and time again. they're banned in some corporate offices and college dorm rooms as well. should they be banned in residential apartment buildings? >> i don't think so. a lot of people use them safely. it's not a malfunction. we put them in an overloaded socket. i don't know if that was a case or truly a malfunctioning space heater. if you put it in a receptacle by itself and it's the proper voltage it provides heat, makes them comfortable and safe. if you are careless and leave it next to a pa stress and overloaded receptacle and sparks, you have potential for a tragedy like this. to ban the space heaters, i don't think so. we do a lot of things in commercial buildings we're able to force the commercial owners to do because they're willing to spend a lot of money but in private buildings, it's different. >> so often comes down to money and the poor children. thomas von essen. bob saget died yesterday in orlando, florida, at just 65 years old. saget was in the middle of a standup comedy tour and just performed a two-hour set saturday night. he tweeted "loved tonight's show." >> a shock to get that on our phones. saget is known for his role as the wholesome tv dad danny tanner on "full house." in june he told jake tapper it mirrored another classic sitcom, "happy days." >> i was doing an audience warmup for "b"bussom buddies" i l.a. and i got an offer for the show. they made "happy days" laverne & shirley and i was kind of the richie cunningham on "full house" and stamos was fonzi and the other was ralph or potsie. >> john stamos tweeted "i am broken, i am gutted and i am in complete and utter shock." dave wrote "my heart is broken. i love you, bob. your forever brother, dave." >> joined by brian stelter, cnn chief media correspondent. a huge outpouring, a lot of folks grew up with bob saget going back to the '80s and through their comedy career since then. tell us what his place was. >> a mainstay on television for decades, someone united generations, whether you watched full house with the original airing, reruns or "fuller house" on netflix. that's one of the franchises saget was known for. this is a heartbreaking loss and you hear all the folks in hollywood, all of his former costars, colleagues referring to him as being so kind, so sweet, not words you usually hear about comedians, but bob so longet was a unique talent. some folks arrived in san francisco bringing flowers to the famous town home. here's what one fan said outside. >> it's sad news. he was the dad of the '90s for everyone. loved the show, not just requesting full house" but everything he did. >> he left a big impact on people as children at the tanner family and as adults, bob saget and comedy career as well. i think he touched a lot of people and a cultural icon. >> not just america's dad but a single dad playing on "full house" which was significant at the time. he took that role seriously, put on a wholesome face and later in his career as we talked about he went into raunchy humor, challenged his family persona and provided a different identity and as you mentioned, just started touring once again. this weekend in orlando and near jacksonville, the first of at least six months' worth of tour dates for bob saget. so far, no known cause of death. >> this doesn't appear to be the case that he did not have an off camera reputation. we hear from fellow comedians across the board how much they loved him his work and his personality. >> that is what is unique this this case. norm mcdonald said during a roast on comedy central. >> bob was the first comedian i ever saw perform when i was a boy live and i loved him. one thing that bonds us as comedians is we're bitter and jealous and we hate everyone else that has any success but bob has never had an unkind word for anybody. i love him and hope everyone else does and i just want to say that. >> a great note about saget and reminder for everyone how you carry yourself in life. this was a philly boy who grew up in the suburbs of philadelphia who lucked into this career and made the most of it and wanted to keep working through the decades. his family in a statement saying "he was everything to us and want you to know how much he loved his fans performing live and bringing people from all walks of life together with laughter." the notion that he was out there on saturday night, he was tweeting at 3:45 in the morning on sunday, coming off the high of being on stage, performing in florida. what we don't know is what happened between 3:45 in the morning when he tweeted and 4:00 p.m. when the authorities were called to his hotel. the detectives said overnight, no signs of drug use, no signs of foul play. so we have more questions than answers at this point about saget's death. >> as the investigation continues, of course our thoughts are with his family. listen, jim and brian, every friday night as a kid in the '90s kicked off tgif for me, i spent time with the tanner family and so many memories watching that wonderful show. >> tgif, what a flashback. >> brian stelter, thank you. last hour novak djokovic tweeted he's hoping to play at the australian open after a judge released him from covid detention. we're live in melbourne as we wait to hear the final word on whether the government will let him compete. nearly a quarter of hospitals are facing critical staff shortages as the omicron variant spreads across the u.s. our next guest says we should have been giving extra boosters to health care workers. and police body cam video captures just an amazing rescue. you'll want to see it, a man called from a crashed plane just moments before it was hit by a train. it's remarkable. ♪ feel stuck and need a loan? move to sofi and feel what it's like to get your money right. ♪ ♪ ♪ ♪ move to a sofi personal loan. earn $10 just for viewing your rate — and get your money right. ♪ we're having a baby, so the new law came at a perfect time. for less than 30 a month, the whole family is covered. i love my job and it pays really well. there's just no health coverage. for $182 a month, i found the perfect plan. all that stress about coverage just went away. for $14 a month, my plan covers my meds, vision and dental. now, more people can get financial assistance. what you pay depends in part on how much you make. new law. lower prices. more people qualify. at healthcare.gov ♪ my name is austin james. as a musician living with diabetes, 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was detained after the authorities determined he did not qualify for an exemption to the country's requirement that all noncitizens be vaccinated against covid-19. cnn's paula hancocks has been covering. paula, new court documents released today reveal that djokovic knew he had covid last month, but still then went to events en masse and pictured with players including young players. >> reporter: that's right, this is raising questions. an affidavit from djokovic december 16th he tested positive for covid-19 but december 16th was also when he was photographed in public maskless at a panel discussion with an audience also maskless. we also know the day after he was at an award ceremony surrounded by a number of young players again without wearing a mask. this is a question everybody was asking and one journalists had a chance to ask his family in serbia. they held a press conference but chose not to engage on that question, his father mentioning that was something for the courts but it is certainly a question asked very closely. so novak djokovic is a free man tonight. we heard from his family he's been on the tennis courts. it's about 1:00 in the morning tuesday in melbourne but he's setting his sites next week australian open. the judge deciding he had to be released immediately because there were procedural issues with what happened at the airport. the fact he was unable to speak to his lawyer, unable to speak to tennis organizers as well and that was not good enough. >> paula hancocks, thanks so much. the a.m. variant is pushing hospitals across the nation to the brink. right now more than 141,000 coronavirus patients hospitalized in the u.s. that falls just short of the record 142,000 patients admitted at the previous beak in n january 2021. peter hotez, professor and dean of tropical medicine at the baylor college of medicine. great to have you on. the primary concern appears to be with children and increased rate of hospitalization we have seen with children. we should note the majority of children are not vaccinated. are you concerned about the number of children you've had hospitalized? >> i'm concerned, with regards to kids we're seeing increase in hospitalizations, some incidental findings, admitted for another purpose and found to be positive as part of routine screening. young kids being hospitalized with what appears to be more upper respiratory illness similar to bronchitis, an airway disease and the concern amongst some of my colleagues is that this could lead to longer term problems in terms of restrictive airway disease or asthma-like symptoms or hyperreactivity. that's something to watch for in terms of the pediatric hospitalizations and the adult side just the overwhelming number of people having to wait six, seven, eight hours, sometimes 12 hours for routine emergency room care for proce procedures or much of our hospital workforce is getting knocked out with symptomatic covid. you have the one, two, three punch. omicron is not as benign as people like to talk about. there is an increase in hospitalizations. people are getting sick from omicron especially unvaccinated. we're getting the kids admitted and the hospital workforce is getting knocked out. we also have the problem two of our three monoclonal antibodies do not work against omicron. the diagnostic testing is in shambles. when you add up all of that together, we've got a serious situation facing our nation this month. >> poxolid won't come to market for a few months. this comes to the question about schools, whether or not they're safe to open with a surge. we see the standoff in chicago between the teachers and city officials. the mayor is following the science and the science tells her they have the mitigation factors in place to reopen schools. dr. ashish jha said over the weekend on the issue and whether he thinks schools are safe to reopen. take a listen. >> the question is can you still have school in the middle of a surge. the answer is if you can. teachers should be vaccinated and boosted and people wear high-quality masks. without the other upgrades which i'd like to see it is safe for kids and teachers to be back in school. so i think at this point there's no good explanation for having remote schools. >> do you agree with dr. jha? >> well, he is kind of right but with an asterisk. all of that information is based on past experiences with the original lineages in delta and the problem with omicron is this is so much more transmissible. talking about the virus with measles transmission. when you try to do this in the throes of this screaming level of transmission testing and contract tracing become problematic, you have teachers, bus drivers with breakthrough covid infections. the question is when you have so many staff and teachers and bus drivers and everyone you need to support the school, the cafeteria workers out, can you run the school? that becomes a big issue as well and as we skuszed there are pediatric hospitalizations. i've been saying each school district has to make its own decisions. it's really the choice between a bad decision or a bad decision. which bad decision do you want to make, keeping hids out of schools, we know the mental health effects, heard that from the surgeon general before the end of the year, it's devastating. at the same time trying to manage this level of transmission with such a highly transmissible variant i think is really, really tough. >> staff shortages is something you've been focused on as well and had warned earlier boosters should have come sooner. dr. peter hotez, thank you for your insight. we appreciate it. u.s./russia talks are under way in geneva. are they making any progress? coming up, i'm going to speak with a senior biden administration official and ask those questions. and we are also minutes away from the opening bell on wall street. futures pointing lower this morning, as investors are awaiting key inflation data expected this week, as well as the start of the fourth quarter earnings season. fed chair jerome powell is expected to testify before a senate panel tomorrow for his nomination hearing to serve a second term. markets will of course be watching that closely, and so will we. stay with us. power e*trade gives you an award-winning mobile app with powerful, easy-to-use tools, and interactive charts to give you an edge, 24/7 support when you need it the most. plus, zero-dollar commissions for online u.s. listed stocks. 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(birds chirping) ♪ (upbeat music) ♪ (phone beep) ♪ ♪ ♪ ♪ ♪ ♪ ♪ (music quieter) ♪ (phone clicks) ♪ ♪ your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire do your eyes bother you? my eyes feel like a combo of stressed, dry and sandpaper. strypaper? luckily, there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients. and no preservatives. try biotrue! 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. right now, high stakes face-to-face talks under way between u.s. and russian officials in geneva, switzerland, comes amid rising tensions over russia's massive military buildup on its border with ukraine. >> let's bring in alex marquardt. this week kicks off diplomatic meetings aimed at addressing the crisis. u.s. officials have lowered expectations for any concrete agreements coming out of them. >> that's right, good morning jim and brianna. talks are going on for six and a half hours. it was clear in the lead-up to the talks russia wanted to tackle broader subjects than the u.s. did. russia wants to talk about never allowing ukraine into nato, they want to talk about nato forces in eastern europe and having them leave. those are non-starters for the u.s. and that is perhaps the reason we've heard some pessimism from both sides headed into the talks. secretary blinken telling cnn he doesn't expect a breakthrough. the russians were disappointed by the signals coming from washington. the biden administration is hoping there are issues they can work on and those would be namely missiles in ukraine, missiles in the rest of europe and exercises military exercises by both sides the biden administration wants to make sure anything they do is reciprocated by russia. this is the beginning of a week of diplomatic efforts. the meetings frf from this one on one between u.s. and russia and nato wednesday and broader with the organization for security and cooperation in europe on thursday. >> alex marquardt in geneva, thanks so much. joining me to discuss is the deputy national security adviser, jonathan finer. thanks for taking the time this morning. >> thanks for having me. >> could you help us define success from the talks? does success require russia pulling back its forces from the border with ukraine? >> i'm not setting the bar on the negotiating team while the talks are still under way. this is the first opportunity we've had at a high level to explore and understand better what is russia's position, what are russia's intentions to better understand where we are coming from. a lot of this up 'til now is russian side in public. the only way to make real meaningful progress and deescalate the situation diplomatically is get behind closed doors and see where we are. that is the opportunity. >> in fairness, we know this significant part of russia's position and that is that it is composed a force on the border that has tremendous capabilities. this is what the u.s. intel assessments read. the range of responses include sanctions, a strategy that failed in the past to prevent russian aggression. russia is still in control of crimeia, still present in eastern ukraine. why stick with that strategy, given it has not successfully deterred russia in the past? >>, you correctly described what we've seen on the border and i'll remind you it was the united states that has raised alarm bells what was an increasing and is an increasing russian military presence on the ukraine border and what russia might be willing to do with the forces. we've been saying that publicly and going out in tremendous detail to our partners and allies and making sure they share the same assessment we have, based on intelligence of what exactly the situation is, but i think you have undersold what we have said will be our response to this situation if russia goes in. significant, severe economic sanctions are a part of our response. we also described an increase in nato force posture, in allied states and described that we will increase our security assistance to ukraine if russia goes in, and we have by the way been providing security assistance to ukraine scheduleilscheteadily, more than $400 million, and talked about export controls on goods and other things sold, sensitive technologist to russia, a whole range of dimensions to our response that goes beyond economic sanctions. they are a significant part of what we will do if russia does this. >> you mentioned lethal military assistance. democratic lawmakers and republican lawmakers on the program pushing administration to accelerate the lethal assistance, more for instance javelin missiles, armor piercing missiles which the u.s. considers defensive weapons in this. the administration's position has been let's not do that yet because that might further escalate. what signs from russia, if any, they're willing to walk any of this back, to give you confidence that leaving that door open is the right call? >> i'm not sure that's an accurate characterization of our position. we've been providing them steadily throughout the course of the last year. no one is saying now is not the time to be doing that. quite the opposite and we've made clear to the russians given what they are doing on the border, that requires in many ways our support for ukraine's ability to defend its own territory. as of now you are correct we have not seen russia take steps to deescalate. we've been clear for the diplomacy to succeed in a way that addresses both sides' interest a climate of deescalation, not escalation. up 'til now we haven't seen that. we'll see how the rest of the week unfolds. >> russia's public positions presented nonstarters for the biden administration. for instance saying nato will not accept hue crane's membership. if russia takes the nonstarter position in these talks does the u.s. walk away? >> i don't see a situation the u.s. walks away from talks. the united states has been clear about publicly and privately is that it is not up to russia to determine if ukraine works with an alliance, no not up for russia to close nato's open door. negotiating in public again is not the way we think is most constructive, most likely to lead to progress. russia put out positions that are non-starters and said other things we think maybe present some areas which we can work to make progress and we're going to find that out during the course of this week. >> final question on another part of the world, and another independent country under threat, that being taiwan, increasing threats both in terms of rhetoric, but also military moves by china in recent months. china is watching how the u.s. responds to the russian threat to ukraine and as you know, russia and china have been cooperating in a host of spheres around the world. what message does the administration want to communicate to china today about taiwan, does america stand with taiwan? >> our planning has taken into account the need to make clear to other countries and be prepared ourselves for anyone that would seek to take advantage of what's happening along the ukraine border to undermine peace and stability, security, anywhere in the world. on china specifically, i will say i do not see these situations as related. i think china will set its own policy based on its own considerations, not based on anything russia chooses to do in ukraine or any way how the united states responds to that situation. our policy towards taiwan is clear. it has not changed at any point during the course of this administration. it is grounded in the communiques and six assurances and that calls for the united states to ensure taiwan has sufficient defense capability, we're fundamentally committed to that and ensuring that cross strait relations are stable and that the current status quo is not changed by force. >> jonathan finer, thanks for joining the program this morning. >> thanks for having me, jim. >> consequential week ahead there. up next, four straight days with no school for kids in chicago. why the mayor says teachers apan donned more than 300,000 students and their families. unitedhealthcare medicare plans offer so much more... ...so you can find just the right plan for you. like the “visit a doctor anywhere our rv takes us” plan. the “zero copays means more money for rumba lessons” plan. ♪ and the “visit my doctor while eating pancakes” plan. unitedhealthcare is the #1 medicare plan provider, so you're sure to find the right plan for you. including the only plans with the aarp name. get medicare with more. the reality of living with moderate to severe ulcerative colitis or crohn's disease... means you might be dealing with a lot of symptoms... which can change your plans at any time gut-focused entyvio is made for you. entyvio is the only medicine just for uc and cd that is gut-focused. entyvio has helped many patients achieve long-term relief and remission. it may help you, too. infusion and serious allergic reactions can happen... during or after treatment. entyvio may increase risk of infection which can be serious. although unlikely, a risk of pml, a rare, serious, potentially fatal brain infection cannot be ruled out. tell your doctor if you have an infection, experience frequent infections, or have flu-like symptoms or sores. liver problems can occur with entyvio. if other treatments haven't worked well enough, ask your doctor about entyvio. find out if entyvioconnect can help... with the cost of treatment, whether you are insured or not. entyvio, made for the gut, made for remission, made for you. right now thousands of kids in chicago are missing a fourth straight day of school as city officials battle with the teachers union over protocols. cnn's adrienne broaddus joins us from chicago. adrienne, are they any closer to a solution there? >> reporter: you know, what jim and bianna, since you both said my name, there is a little bit of progress, just a short time ago we heard from the president of the teacher's union. he says they're hitting a brick wall and the union made compromise but still not enough progress to return to the classroom. over the weekend cps released a news release. on the news release, 11 proposals made by members of the union, and let's take a look at some of the progress. in one column there's wins for both sides. the district has agreed to providing n95 masks to students and teachers. the district agreed to reinstate health screenings on a school-by-school basis, and the district will offer weekly covid testing to students and staff, but again, there is no agreement on school-by-school remote learning and the president and the union say that is what they want. if things get bad in school they want an option to return to remote learning. cps and the mayor rejected the union's request to return to remote learning this wednesday and in-person learning next week on the 18th. meanwhile, the mayor says this is an inlegal strike. she says these teachers aba abandoned their post, their kids and their families and she says she has support of parents. listen in. >> parents are outraged and making their outrage known to the teachers union. this is a very different dynamic than ever before. we have an enormous amount of activism, writing letters, emails, protesting, holding press conferences. >> a group of parents who represent at least ten students in cps schools filed this lawsuit, calling their school closure an illegal strike and the lawsuit is seeking lost damages for child care and missed work. jim and bianna? >> at this point, adrienne, let's hope the students get back to learning whether online or in person. they are missing out. adrienne broaddus, thank you. jim, you can tell i'm still a newby to the show. thank you for rolling with the punches with me stepping on your toes. >> i'll always share. >> thank you. come up, stunning video of police officers pulling a pilot from a plane that crashed on train tracks, just moments before the train came through. you won't want to miss this. ride epson ecotank printer. a ridiculous amount of ink! you're mocking me. not again! the epson ecotank. just fill & chill. see blood when you brush or floss can be a sign of early gum damage. parodontax active gum repair kills plaque bacteria at the gum line to help keep the gum sealed tight. parodontax active gum repair toothpaste people everywhere living with type 2 diabetes are waking up to what's possible... with rybelsus®. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to the possibility of lower a1c with rybelsus®. you may pay as little as $10 for up to a 3-month prescription. ask your healthcare provider about rybelsus® today. lactaid is 100% real milk, just without the lactose. so you can enjoy it even if you're sensitive to dairy. so anyone who says lactaid isn't real milk is also saying mabel here isn't a real cow. and she really hates that. ♪3, 4♪ ♪ ♪hey♪ ♪ ♪are you ready for me♪ ♪are you ready♪ ♪are you ready♪ earn about covid-19, the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. the naacp's lawsuit against former president trump and his a allies heads to court today. the january 6th -- >> joining us now with more on this is elliot williams. he's a former deputy attorney assistant attorney general and cnn legal analyst. good to have you on. walk us through this. the key text from the klan act refers to force, intimidation or threats. we know the actions on january 6th were violent but donald trump wasn't there with the rioters. will this be difficult to link him directly to this violence. >> you're touching on the legal issue right there. it's forced intimidation or threat but by two or many persons. what it does is sets up a conspiracy. you have to have some kind of agreement or working together between the two different folks. here is what we know about january 6th. the president wanted the election certification did not happen. number two, you knew there was violence but the challenge for the people bringing the lawsuits is they will have to link those two things. number one president trump's rhetoric and number two, that could be tricky under the law. >> this is a civil suit. civil suits have a lower evidence standard here. can you describe that and say how that might play into this case? >> we all watched courtroom shows. proof beyond a reasonable doubt doubt. that's a reasonable high burden. pulling together troefs of evidence now helps this lawsuit quite a bit. >> thank you so much. dramatic video captured the moment a train slammed into a small plane that crashed o ed o the tracks in california. it's a little disturbing to watch. it was a close call for the pilot of the plane. they blocked the road near the tracks and pulled the manage from the wreckage seconds been the plane made impact. the plane lost power and had to make an emergency landing. thankfully, no other injuries were reported. you see within a matter of seconds he was pulled out before the train came and hit the plane. >> listen, and the risk the officers took themselves. they were seconds removed from that danger. here is to those officers. still to come, more on our top story. just a deadly apartment fire in the bronx. nine children among the 19th people killed. the congressman who represents that district he's going to join us live, next. amazing. jerry, you gotta to see this. seen it. trust me, after 15 walks... gets a little old. ugh age-related macular degeneration may lead to severe vision loss. and if you're taking a multivitamin alone, you may be missing a critical piece. preservision. preservision areds 2 contains the only clinically proven nutrient formula recommended by the national eye institute to help reduce the risk of moderate to advanced amd progression. 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