a long fight kept all chicago public schools out of the classroom until late tonight. here is chicago's bay your just a little while ago. >> i will always be on the side of our children and their families. i was you when i was a kid growing up in my public school. i needed my school. my school made a difference in my life. i'm not standing here today -- >> and just ahead, will they or won't they? two of the former president's closest allies playing coy over whether they'll talk to the committee investigating january 6th. gop congressman jim jordan who we know spoke with the president the former president that day speaking to cnn tonight. if they offer you the opportunity to speak in a public setting, would you be willing to do something like that? >> letter. read my letter. >> the letter doesn't say that specifically. >> that's our response is the letter. >> are you still -- because you said before that you were, you know, you didn't have anything to hide. >> i have nothing to hide. >> as for the former vice president, there is apparently growing tension between the committee and mike pence. we've got that reporting ahead. plus, president joe biden going to georgia tomorrow to layout his plan for voting rights but some major voting rights groups say that they're not going, they don't want a photo op so they want action. we'll talk about that. cnn joining us now, cnn political commentator charlie dent and senior legal analyst laura coates, she's a former federal prosecutor and the author of the new book "just pursuit, a black prosecutor's fight for fairness." good to see both of you. thanks for joining. good evening. charlie, i want to start with the breaking news. "the new york times" is reporting that the former vice president mike pence was considering cooperating voluntarily with the select committee but now he's undecided. you think this is all going to come down to politics? what is in it for mike pence if he cooperates? >> it a political matter. he's on very fragile ground with donald trump and many of his supporters because he in fact did do the right thing on january 6th by doing his duty and certifying the election and so now of course, he's -- i would argue he is consented that his former staff, mark short and others have been cooperating with the january 6th committee so i think there is that level of cooperation. now, i think mike pence is in this situation where he must -- i need to hear it from him. i don't know they will find anything new from mike pence they wouldn't have learn the from mark short but now is the time to hear from him. there are considerations if he is intent on seeking republican nomination for president in 2024. this testimony could be very damaging to him among certain elements of the base but the vice president, former vice president has to make a determination. does he want to do the right thing here like he did on january 6th or does he want to play politics? >> he had no choice. he had no choice on january 6th. listen, that's a political portion of it. let talk about the legal angle of it. laura, if pence refuses to cooperate voluntarily, what should the select committee do? what can they do? >> they should subpoena him and see if this game of chicken is going to end in crowdedness because that's what you have to act like and feel if you're talking about not willing to provide information. remember, it's odd and striking that vice president mike pence on the one hand maybe he was hoping that by having members of his team cooperate and give information he could provide and convey without having fingerprints on to salvage whatever political ambitions he may have. the gallows were built on the lawn asking for the vice president of the united states. he was the persona non grata. that's being very kind how he was perceived that day. he was at risk. it very, very important to understand what the experience of person in the second line, in the person who could become the president of the united states if any injury to the president of the united states, what his experience was. they could subpoena him. whether they want to go forward and hold a prior vice president in contempt of congress is a different calculus. he might claim executive privilege but test the waters because it important in a cost benefit analysis to get the transparency. >> laura, i want your thoughts on three lawsuits looking to hold former president trump and his son don junior and rudy giuliani and mo brooks liable for their roles in the insurrection. this is what the judge said. he said you have an almost two-hour window where the president does not say stop, get out of the capitol. this is not what i wanted you to do. what do i do about the fact the president didn't denounce the conduct immediately and sent a tweet that arguably exacerbated things? isn't that from plausibility standpoint the president plausibly, and cause me, plausibly agreed with the conduct of the people inside the capitol that day? so trump's lawyer argues that anything he did as president is protected from lawsuits but it seems like the judge is not buying that. how do you see this playing out? >> and the judge should not buy that. remember, you're talking about behavior that led to an attack arguably or to his word, plausibly in a word of trying to attack -- >> easy for you to say, laura. >> you're right to emphasize -- well, no, you're right to emphasize it, don, lemon and believe me, i'm not making fun on actual eloquence because you certainly have it, kiddo. the idea why that notion and word should hang on the top of everyone's tong and lips here is because you have to stretch one's imagination to conclude during a two-hour period when the president of the united states had the wherewithal and ability and troops, i mean, he's the one person in this world that can truly say things like you and what army and back it up when he has the moments and choosing not to do so. so you're talking between civil liability and criminal liability, it's a lower standard when a president or anyone could be held accountable for. he's no longer a sitting president and so some of the liability issues that might have protected him as the president of the united states, there is an argument why it might not be there here. however, he's still at the time of the particular conduct was the president and it's going to be a balancing act for any court to evaluate whether it was such a frolic and detour. if what he was doing is self-preservation in terms of his power, that's a very different analysis for a judge to look at to see if a president or former president should have those benefits. >> speaking of liability, laura just talked about that. what do you think about this idea of liability and the idea they want to turn that it could become the first amendment issue? >> well, that's a great question, don. this is a novel case from my estimation. i'm not the lawyer on the panel but it's a novel case and look at the facts, the defense will be these are first amendment issues here and i think that's a real problem but we have to step back, though. there are three things going on simultaneously. civil suits and the january 6th committee and doj looking at things criminally but this is part of accountability project, trying to hold people accountable. at the end of the day, are we going to hold not just the people who directly assaulted the capitol that day who broke down the doors and fought with the police and desecrated the capitol but those who may have aided and abetted including the former president. that's what this is about. and so if one of these three options do not prevail, whether doj, the civil suits or 1/6 committee, where is the accountability for those at the top? that's what this is about? >> let's talk about mike rounds firing back at the former president tonight saying he stands by his statement saying that trump lost the election and i quote here, as the republican party, our focus should be on what lies ahead not what is in the past. elections are about growing support for your party, knot further dividing it and attacking republicans certainly isn't going to result in a winning formula, neither is telling citizens not to vote. if we win in 2022 and 2024 we have to move forward together. trump earlier called rounds crazy, stupid, a jerk for saying that he openly saying he lost so few republicans had the courage to do that but you think it going to matter to the base? >> i don't think that it will. good for mike rounds and john, the two south dakota senators seem to be on the receiving end of a lot of donald trump's ire and in this case, rounds for simply stating something sensible and reasonable talking about honesty and acknowledging facts and that's not good enough in trump's world. with some of the base, i think that trump is somewhat diminishing. there are a lot of republicans that don't want him to be the 2024 nominee even though he still is the 800 pound gorilla in the room, he's slipping a bit with some elements of the base and as long as people like mike rounds in a conservative state and republican leaders step up, i think that only helps to marginalize donald trump but not enough have spoken up. >> yeah, i agree with you on what you said about growing a number of republicans not wanting him for 2024. thank you both. appreciate it. i want to turn to white house correspondent john harwood and evan, a staff writer for "the new yorker." and the author of joe biden, the life, the run and what matters now. good evening to you two gentlemen, as well. biden is heading to atlanta tomorrow to push for two voting rights bills. what can we expect? >> a very aggressive speech, don. we saw the past last week be quite sharp in his tone about donald trump and the insurrection laying the blame for that at the former president and he's going to be talking tomorrow about the threat to democracy posed by all the incursions that republican state legislatures are making to constrain voting rights and change the rules of election administration in ways that make it easier for the next republican candidate to succeed in jury rigging the outcome of the election where donald trump failed. now, the challenge of course is that joe biden can only do so much with a speech. he's gotten a lot of flak from activist saying don't come down here unless you have a plan to pass the voting rights bill, but there is no plan that does not get all 50 democrats and that's not in joe biden's controlment you have joe manchin and kyrsten sinema at least resisting changes to the filibuster which would be necessary to get that bill to the floor and pass it because there is zero chance that ten republican wills cooperate with the democrats on trying to pass voting rights so joe biden is going to make the public case and privately there has been a lot of pressure and a lot of lobbying being done on manchin and sinema. you can't rule out that would succeed but it's not succeeded yet and there is no guarantee that joe biden is going to be able to pull this off. >> evan, the fight to save democracy amid election lies is essential to biden's presidency. what do we need to hear from him at this critical moment? >> well, what we've been watching from him is this kind of quiet diplomacy, the inside game as known here in washington basically trying to muscle or finesse. it hasn't worked. he is now shifting into this different phase which is going to the outside game. this is going to the public to say this is as grave a crisis as we face in democracy. this is about really shoring up the things we hold dear and putting pressure to say the american public, obviously some advocates say they want action, not words but the first step in beginning to get action is saying it's time to get out of washington and put this at the feat of the people themselves and remind people how grave this is. this is an extension of the speech we heard on january 6th. this is a new phase in the president's language. >> in the new year it seems like president biden is ditching his unity message going after republicans more. do you think this is a deliberate movement in the election year and why now? >> i think it may run deeper than an election year. he would argue it's not about ditching the unity message but redefining what the unity actually can mean in a country in which most people would tell you they want democracy, most people have actually, most adults got the life saving vaccine proven and available to them and saying look, we won't be held captive by people that resist either something like a vaccine or resist the belief that, you know, democracy is worth protecting. so i think you can see it as something that's not just about an election year, it's really about not only his presidency but making sure he leaves this democracy in better shape than he found it. >> thank you so much. appreciate it. >> i want to bring in omar jimenez, the deal to reopen schools there. omar, good evening to you again. so walk us through this deal. teacher wills come back first, then students. what do you know? >> reporter: well, don, yeah, exactly as you mentioned tomorrow teachers will be back and then students will be back on wednesday but of course, this comes after many school days in a row without students being in classes. now, the details of this deal, we got some clues from the mayor and the teachers union not too long ago. we know some of the major sticking points come from metrics to take schools to remote. mayor light foot confirmed that agreement is part of what got things at least to the end and the teachers union said it would constitute 30% of a student population to be absent because of covid during cdc designated periods of high transmission and 50% during other times. now, another major point of contention was of course, trying to increase the capacity for testing and one important note there is that in recent days, saturday, governor here in illinois secured 350,000 tests to bring to chicago public schools and his office confirmed not too long ago this evening that all 350,000 of those tests were delivered so that likely had an impact on trying to bring the two sides together. and then of course, one of the final metrics was from remote learning itself. the teachers union wanted to stay remote until january 18th or covid numbers slowed down a little. the district said no, remote education is too detrimental to our students and seemed to reach an accord for teachers to come back tomorrow and students on wednesday. one thing to keep an eye on, though, the reason the mayor has not released specific documents about what this agreement has been is she wants to wait until the rank and file union members vote tonight came a house of delegates vote. the rank and file vote is expected to happen later this week but in the meantime, teachers will be back and students will be back and that's of course the most important part, don. >> omar, thank you. appreciate that. >> president biden heading to georgia to push for voting rights, a state where this happened when the republican governor signed a new law restricting the vote. i'll talk to this georgia lawmaker. >> you said you gave her one more time like you're going to do something. are you serious? >> no, you are not. >> she's not under arrest. >> for what? >> under arrest for what? so when she moved in with us, a new kitchen became part of our financial plan. ♪ i want to make the most of every meal we have together. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a 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she was not charged. representative paracannon joins me now. there was certainly a lot of back and forth and we had no idea what was going to happen. good evening. thank you for joining. >> thanks for having me. it was the first day of session today so we've been working pretty hard. >> so the president is expected to push two voting rights bills in georgia tomorrow. what do you want to hear from him representative? >> the dnc is backing them and many senators and local legislators are too because we're at a desperate point. we're at a cross roads in georgia. we feel as though we've done everything we can do and the last thing we need is federal intervention. they've been doing a few cases in the attorney general's office and the press secretary signaled that the president is here because he's coming to talk about it in georgia. >> the bills the president wants to see passed are not likely to go anywhere in the senate. manchin and sinema are sticking by their stance for the filibuster. what is their message to them? >> i'm not in continued support of the filibuster for sure because like many georgians here, my polling places have been changing. districts were just changed in november and many voters don't even know so we want federal intervention in the way of an executive order. we need help. we need for there to be federal poll monitors. we would love if there would be an opportunity to talk about what happens if we get into elections where people, elections officials are meddling where they shouldn't be. what kind of oversight do we have without an executive order? we really want to hear about it. >> state representative, several voting rights groups in georgia including black voters matter fund have asked the president to stay in washington unless he has a definitive plan to guarantee voting rights but if the gop won't work with him and the filibuster isn't going away, are biden's hands tied? >> we're serious about voting rights here in georgia and you got to get grass roots. you have to be hands on. we want the hands-on approach from the president, from the vice president, the attorney general. we love what the press secretary has been saying but these voting rights groups here in georgia have the real pulse of what has been happening since senate bill 202 was passed. i have to say with today being the first day of legislative session, we've had signals that there will be additional bills in government affairs committees to change the district line say for atlanta or fulsom county. we can't do voting rights protection without the federal government's help. we hope his hands are untied. >> first lady michelle obama is urging people to vote like the future of our democracy depends on it. she wants to register a million new voters before the midterms. if legislation is at an impasse, do democrats need to mobilize voters and fast? >> oh, certainly. that's what we do here in georgia. we've seen the importance of just providing people basic necessities like food and water in line to help people access the vote. but unfortunately, this time it going to have to be a lot deeper. as i said before, many voters don't even know that their polling places have changed since 2021 so we need get out the vote message that's not just about casting the ballot in a specific place but about knowing the over lying systems of inequity that are i'm packing black and brown communities from voting. >> thank you very much. appreciate that. >> you, too. >> you be well. a threat coming from house minority leader kevin mccarthy to democrats. what he says he'll do if republicans take over the house. that's next. plus, the second deadliest home fire within the last 40 years. what happened? the meeting and share updates in slack instead. it's where your whole team is in one place so everyone can stay up to date. slack. where the future works. i just wish more people knew how easy it was to get health coverage. i'm only paying $52 a month for there 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have you had the majority tell the minority who can be on committee but this new standard, which these democrats have voted for, if eric swalwell cannot get a security clearance in the private sector, there is no reason why he should be given one for intel or homeland security so he will not be serving there. >> so you're going to if you're the speaker of the house, remove him. >> ilhan omar should not be serving on foreign affairs. >> what about any committee for omar? >> this is a new level for the democrats. you look at adam schiff, he should not be serving on intel. >> okay. so i want you to remember that democrats removed congressman gosar for posting a video showing him killing alexandria ocasio-cortez and attacking joe biden and greene was removed after it was found she previously repeatedly indicated support for executing prominent democrats and supported a whole lot of conspiracy theories. okay. so joining me now, cnn political commentators ana navarro and scott jennings. a lot to discuss here. republicans may very well win the house back in the midterms. that will make mccarthy speaker but is there any comparison between what he is threatening and what happened to gosar and greene? >> you just took for granted it will make mccarthy speaker should republicans win back the house. and i think part of what you're seeing is mccarthy worried about the marjorie taylor greenes and paul gosars and matt gaetz who have threatened him and put him under pressure and he's trying to win some points with them garner their support should there be a vote. remember, it not automatic. it will go to a vote and there is nothing saying he won't get a challenge from the right. by many he's seen as an establishment republican pretending to be a trumper. mccarthy is right. it is a new level and standard because we've also hit a new low in congress and i think it's so important, don, to tamp down on what is happening in congress among colleagues. we've heard the horrible threatening violent voice mails left in some congress people's messages. we've seen people like congresswoman debbie dingell of detroit get her office ransacked and broken into. this needs to stop on both sides. >> uh-huh. scott, listen, gosar and greene were removed over pushing theories of violence against democrats. is that not fair reasons? >> i'm not going to defend their conduct. i think they did reprehensible things but the average republican, the fringe elements in the democratic party are schiff, swalwell, omar. the way the average democrat sees the members you mentioned, they see the analog on the left and i'll have to say, you're not going to find too many republicans that won't look at this and say what is good for the goose is good for the gander. this is applicable to many things in washington right now if democrats alter the filibuster in the senate, what is good for the goose is good for the gander. opening these doors leads to unintended consequences and i don't know, i think mccarthy is stating what is going to happen. these aren't conceptual ideas. you can take it to the bank. >> scott, congresswoman omar apologized after she faced backlash for tweets condemned by both sides of the aisle as anti-semitic and greene apologized for some comments and conspiracies, not all. there is a difference, no? >> like i said, i'm not going to defend any of the conduct and you and i had conversations about gosar and greene on the show. i've never heard swalwell and plain or anything coming out of adam schiff apologizing for going on a lot of television networks and saying things that turned out not to be true for a number of years about a very serious matter involving the president and russia and other issues so there are serious issues to discuss with these democrats that mccarthy has named and i think until democrats are willing to deal with the people in their own ranks just the way we try to hold republicans to account for the ones in ours, you're going to see mccarthy and the republican majority take action because it's an authority the majority claimed under nancy pelosi so if she's allowed to have that power, mccarthy's reasoning is why can't i? >> do you think it's comparable what he's saying about swalwell and others, omar and gosar and greene? >> i think a majority leader needs to deal with what happens while he or she is the speaker of the house and i agree with scott. what is good for the goose should be good for the gander so if there is a democrat that posts animes killing colleagues and harming the president of the quite they should be stripped of duties. if the there is a democrat that tweets out at comparisons of the yellow star of the holocaust with the vaccine cards and spreads misinformation and conspiracy theories, yes, absolutely they should be stripped from committees but i -- so yes, what is good for the goose is good for the gander but there is a new low. what we've seen from newer republican members, they're getting criticism from republican colleagues. as scott knows, congressman dan crenshaw of texas has been very critical of marjorie taylor greene for what he calls performative behavior and outrageous behavior that shouldn't be accepted and it speaks badly of the republican party these folks have become stars, not because they have legislative accomplishments, not because they have intellectual curiosity but because they are outrageous and offensive and threatening and violent and despicable and pathetic and lame excuse for congress people. >> so look, in the interest of truth here, eric swalwell denied turning anything with a spy and cooperated with officials through an investigation. mccarthy targeted democrats that the fox propaganda channel loves to attack. those democrats are also targets of the former president. is this all about -- do you think this is scott staying in trump's good graces at all, some of this? >> i'm sure donald trump loves it. i'll tell you as someone who is in touch with a lot of grassroots republicans. this is what they want to see out of a new house majority. they want to see hold democrats to account who they think got away with a lot of stuff and see a new republican majority hold joe biden to account. this is the kind of aggressive politics that the republican grass roots wants to see. the extent kevin mccarthy is practicing politics here, it serves two purposes. it keeps donald trump happy but there is a lot of grass roots candidates, donors, activists around the country like right on, brother. this is exactly what we want to see you do. >> ana, quickly, how are you doing? >> from which of all the things i'm going through? on my third day of covid. >> covid-wise. >> i'm good. i got mild symptoms and look, my recommendation to anybody is because testing is so difficult in getting those at home kits are difficult, if you start feeling bad, if you start feeling a tickle in your throat, if you start feeling any symptoms, be conscientious. be good to your fellow human and stay home and isolate and let's try to get this thing to stop. >> well, get better soon. thank you. thank you, ana, thank you scott, appreciate it. we'll be right back. new vicks vapostick. strong soothing vapors... help comfort your loved ones. for chest, neck, and back. it goes on clear. no mess just soothing comfort. try new vicks vapostick. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? yeah, hang on, i'm about to break my own record. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to 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can't see. i'm blind. i can't see. if i stayed out there another three seconds, i would have been gone too. >> my goodness. joining me is ritchie torres, his district covers much of the south bronx. congressman, i'm really sorry this happened and what the families and what you're dealing with. i know you grew up in public housing like this. what do you think happened here? >> well, for me the deeper problem is systematic disinvestment from the lowest income communities of color like those in the bronx. we failed to properly invest in affordable housing and when we allow affordable housing to be chronically underfunded, we're putting the lives of tenant at risk. i'm seeing housing quality as a matter of public safety and as a matter of life and death and it's no accident that the four worst fires in new york city's history in the past 30 years have all been in the bronx and it's because the bronx is an aging housing stock. >> so you obviously there is -- it's mechanisms allowed the fire to spread across floors. so i guess, i guess the fire commissioner is that's the initial cause but yet, just because there is a cause it's unacceptable. the bronx burrough president said this is a federal section eight housing project. the point of programs like this is to give low income families safe homes. i know you're looking into legislation and policies that by the contributing of this, how do things even get to this point? >> it's a lack of investment. these doors were supposed to be self-closing and the question is why did these doors fail to close as required by law? both the apartment door and the stairwell door were left wide open causing the smoke to spread widely throughout a 19-story building and since the building has no fire escapes and the stairwells were full of smoke, the tenants had no means of escape. the tenants were trapped and victims were found on every floor. there were tenants that died from severe smoke inhalation and cardiac and respiratory arrest. housing conditions have implications for the safety of tenants, especially with fire prevention. >> this is what investigators are pointing to, a malfunctioning space heater, those self-closing doors that didn't work. are there officials making sure other public housing buildings are safe right now? what should they be doing and what are you doing? >> it's true the space heaters are a fire hazard and people need to be extraordinarily careful with space heaters, the second most common category of fires is heating fires that tend to involve the use of space heaters. we have to ask a deeper question, why are tenants using space heaters in the first place? there are situations where landlords are denying sufficient heat and hot water and when the landlord is providing the legal minimum, what the law requires in new york city falls short of the amount of heat tenants need to remain warm in apartments when the temperatures are freezing so the feeling of freezing in your own apartment is what caused tenants to resort to space heaters out of desperation. >> you think that's the issue, they weren't providing a sufficient amount of heat? >> the housing department in new york city claims there was heat in the building. but as i noted, what the law requires falls short of what tenants need. even if the at temperature is z degrees, the temperature remains the same. 62 degrees during nighttime. and this particular space heater was left running for hours and hours. it could have been running for 24 hours. and there in lies the fire hazard. >> again, my condolences to you that you're having to deal with this and especially the families involved >> of course. thank you for having me. >> if you are looking for information about how you can help the victims of the new york city fire, go to cnn.com/impact. a black woman on the quarter for the first time. we'll tell you who it is. once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. if you have this... consider adding this. an aarp medicare supplement insurance plan from 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with arms uplifted now officially in circulation. it shows a rising sun and a bird in flight behind her, a nod to some of her most famous works like "still i rise" and "i know why the caged bird sings." her work gave voice to an entire generation fighting for civil rights and social justice. while she was one of the first, she certainly won't be the last. thanks for watching, everyone. our coverage continues. don't pay for water. pay for clean. it's got to be tide. i've been telling everyone... the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. crest. the #1 toothpaste brand in america. >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ introducing the all-new gillettelabs with exfoliating bar. it combines shaving and gentle exfoliation into one efficient stroke, for a shave as quick and easy as washing your face. before treating your chronic migraine, 15 or more headache days a month each lasting 4 hours or more, you're not the only one with questions about botox®. botox® prevents headaches in adults with chronic migraine before they even start, with about 10 minutes of treatment once every 3 months. so, ask your doctor if botox® is right for you, and if a sample is available. effects of botox® may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness can be signs of a life-threatening condition. side effects may include allergic reactions, neck and injection site pain, fatigue, and headache. don't receive botox® if there's a skin infection. tell your doctor your medical history, muscle or nerve conditions and medications, including 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