cases you can see still sky high, but they are going down. and now it's just under 700,000, another promising sign? hospitalizations. patient lots are trending down in the northeast. >> i'm so glad to have you here with us, dr. fauci. you say things are looking good, going in the right direction, as omicron cases decline. when will we be in the clear? >> well, ana, i'm not so sure we can say when we'll be in the clear. it's a trend we have seen. they had a shatter people and came back down. we're seeing it in those areas of the countries that had the first surge to begin with. >> we project we'll start seeing the same peak in coming down. how long that takes, that we're in in an arena we can actually live with that time is very typically to predict. it will continue to come down and down. with all the things we have, with all the tools, vaccine, booster, testing, masking, we'll belt keep it down there. the worth-case scenario is we'll have another variant that would allude some of the protection from the vaccination. the best way to mitigate against that is get as many people vaccinated. just lit really from a few days ago, it brings back the -- against hospitalization, well up to 90%. we have the tools to keep it down. we just need to implement those tools. >> right now, the u.s. is averaging about 700,000 cases per day. thats u.s. needs to get below 10,000 cases that seems so far away. >> not really, ana. let me clarify that. it's less relevant, particular lay with a degree of mild symptomatic disease. the real key parameter is serious disease. in many respects, though they can be predictionive, when you deal with a relatively minor path oagainic virus, one that doesn't give as severe disease and a good degree of vaccinate and boosting in the community your infections may be asymptomatic or mild. 10 thousands, 20, 40, 50, that bucks much less relevant that is the hospitalizations. if you can get the hospitalizations around the level of overt respiratory diseases that we've been accepting year after year as not disruptive of our society. if you can get to that low level, then it really doesn't matter that much with the number of cases . and/or people who have been -- and hopefully they will also get vaccinated to optimize their protection. i think things will change. what you will not have to be concerned every time you get a sniffle. we will have a lot more testing available, and importantly, and i think this is critical, which we don't emphasize numb, as we get more effective antivirals available, when people do get infected, who are vulnerable, like the elderly or those with underlying medical conditions, if you treat them within the first few days, you dramatically diminish the likelihood they'll go to a severe outcome like hospitalization. >> how far away are we from that being widely available? >> well, right now there are five interventions that are antiviral. one in particular is have i promising. one is paxlovid. we have ordered 10 million dose regimens for that, another 10 million more. >> when we do. that would be a major armament to that. >> they have received two of the mrna shots . >> we're going to try to convince them why it's important to get vaccinated. i think getting the data available to them, to show them how profoundly important it is to get boosted, the data, the truth speaks for itself. it makes the protection go from rather low to way up to 90% for hospitalization. i think people could be much more enthusiastic about getting their booster shot. >> just this morning the pfizer said the ceo hoped for a yearly shot than booster. what is your assessment on that? >> it's too early to tell. one of the things we need to find out for sure is what the durability of protection against the third dose of an mrna and second dose of the j&j. it's natural for the antibodies to go down, but there are things that aren't easily measurable, to look at the level of the memory response, both memory b-cells that make antibody and t-cells that give you durable protection. if that goes out for a longer period of time, that will determine how often you need to get boosted. i don't think one can project that right now until we get the data. >> are there any signs of the booster shot or that third dose having diminishing protection? we know some people got that third dose, more than five months ago. should they be worried? >> well, i shouldn't say they should be worried. i would say what they need to do is look at the data and determine, is the diminution against or against hospitalization? we're not there quite yet. >> with we cybille back. the biden administration has gone so far there's a vaccine requirement for nonu.s. citizens flying into this country. why not take that step? >> we would look to not make requirement, as you know well, the strong push democrat back of that. requirements do work. >> many people say they don't want a requirement, but when requirements are put into effect, they work. when you do have it, it does work. unfortunately there's a major pushback against that. >> not only for yourself, but it has to do with your family and the community responsibility to put an end to this outbreak. vaccines work, so if we want to get out of this outbreak, vaccines along with treatment, along with testing, along with masking, is a very important pardon of the comprehensive approach to ending this pandemic. >> to put a button on that point, is that off the table at this point? >> i'm not even going to comment on that. i said it a couple months ago and all of a sudden it became an issue. we talk always about what's possible. >> i want to talk about john stocks ton. we all know you were a baller, captain of your high school basketball team. we have the picture here to prove it, about you in all seriousness, stockton was rotly just bansed where he is a hometown over his refusal. he also seemly suggested that more than 100 professional athletes have died due to vaccination. who knows where that number came from. what's your reaction. >> i'm not going to comment about any individual person's decision, but it's important for people to understand that covid itself can be a very serious issue, particularly for people who might have underlying conditions. i think people should try to ask that before they make a decision, perhaps based on misinformation, this is the reason wee we try to get the correct information about the degree of effectiveness and the safety. this vaccine has been given to billions of people, and it's high le effective and very safe, particularly against severe outcomes, such as hospitalization and leading to death. remember, 850,000 americans have died from this vibes. you have to take that seriously. you have to do whatever you can to protect yourself and your community. >> thanks so much for being here with us. >> thank you for having me. we'll the situation in ukraine. the u.s. is now considering several thousand of u.s. troops along with warships and aircraft to nato allies in the baltic states and eastern europe. president biden is expect to do meet with european leaders by video calls in the next couple hours. it comes as the state department is also evacuated nonessential staff and family members from the u.s. embassy in kyiv. ukraine is not happy with the optics of this move, calling the decision a discipline of executive caution. tens of thousands of russian troops remain along the border with ukraine, with growing concerns they will invade. matthew chance is joining us from ukraine. >> we contemplating, at least optically, eastern europe, is this moves further away from a dipl diplomatic resolution here? >> with the tens of thousands of troops they have amassed. i think they have to consider bolstering nato defenses, but at the same time it's the president of which the kremlin says it has so many concerns. so i think risks that may play out here is, does the deployment push moscow overed light and again president putin to say i can't bear this anymore. they want to get the children out as the situation escalates, there's been a prickly response they call it an overreaction, saying it was premature. they don't necessarily agree it's necessary. the european union is say, other countries are not making moves at the moment. or even a week ago. they think that was an unnecessary step to take, which adds a sense of crisis to a situation that they believe is not in a crisis. they don't believe that the ukraine is necessarily facing impending invasion by russia, despite what the intelligence says. matthew chance, thank you for that updade. let's hear from am bats court william taylor, was a special adviser to the u.s. ambassador to nato, also vice president for russia and europe at the united states institute for peace. if you have in the embassy right now and getting orders to evacuation, what does this action tell you. >> this says, the united states government takes care of its people that the russians, that mr. putin in particular may decide to invade ukraine. putin has soldiers on borders of ukraine, and is making clear threats to invade. this is a prudent move. . >> is that the right move? >> i think it is. the united states has been pretty patsive in its deterrence. by that, i mean it's -- it's said that if president pew many comes across the border, then it will do some things it will reinforce the nato allies, but i think it's prudent, smart, it helps deterrence. we're trying to detern mr. putin from sending those troops across the border. that so this would be an indication that we're taking a more active role at trying to deter the invasion that mr. putin is threatening. would result in a severe responsibility. they've threatening sanctions, but some critics say taking action after -- >> if we don't do something strong right now, i'm afraid he's going to ininvestigate ukraine. the purposes of those -- if they're triggered now, you lieu the deterrent effect. >> who do you agree with ? >> i also agree with secretary blinken who says the economic part of the deteens is betts done when it's threatened. we have told them what kind of -- we'll told them in some detail what to expect, and it is harsh. it will hurt the russian economy. they're concerned about these sanctioning as they should be, but sanctioning are easy to put on, and different to take off. so mr. putin nose that if they go on now, if we do -- if we take the advice of putting on the economic sanctions right now there is nothing further we can do. he knows if sanctions will hit him hard, that's a deterrent. >> ambassador william taylor, thanks so much. good to have you here. >> thank you. we'll take another live look at the market, the dow is continues to fall, up a bit from its lower point, which was over 1,000 points down, currently a little less than 700 points down after a rough seven-day stretch on wall street. what is behind the drop? we'll discuss. he called former president trump's election claims b.s., now bill barr is talking to the committee investigating the january 6th insurrection. what we're learning about that, ahead. they stood by, as george floyd yelled i can't breathe. now the first trial is officially underway for these three former officers who assisted derek chauvin in that deadly arrest. what they are facing. you're live in the "cnn news newsroom". state right there. realtor.com to each their home. ♪ limu emu ♪ and doug. we gotta tell people that liberty mutual customizes car insurance so you only pay for what you need, and we gotta do it fast. 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in this case, the point is not up to bill barr. that's up to the committee. we have heard this response from a lot of people. they have said don't mind me, i don't have anything useful to you. that's not up to the witnesses, that's up to the committee. bill barr was a attorney general through a crucial time, at the big lie really took hold. the committee is looking beyond january 6th, they're looking before and after that. >> and barr did ultimately come out and reject the conspiracies before he resigned. he even told a reporter that it was all b.s. you heard zoe lofgren say he's willing to help them find the truth. do you think he's likely doing everything he can? >> on the one hand, he's in the midst of what -- coming out and saying these claims about election fraud were, quote, b.s., is an important step forward. by the way, that's something the committee way want him to testify about. did doj find any evidence of election fraud? the answer should be no, but we should not forget, bill barr spent months before the election promoting the big lie. he lied to congress about the threat of election fraud. he's trying to make good now, but trying to have it both ways. >> it's possible would a draft go through the ag's office in the draft stages? >> one of the reasons. s have historically used the tool of the executive order, it's very unilateral. it's a matter of a president signing it. idea al it should be one will you the justice department, that's a key question. did anyone around you see this? i see why the committee is drawn to that issue. >> bennie thompson is aiming for hearings in the spring, so what does that tell you about the loose ends? >> it tells me the committee is getting to the next phase of this and realizes it's time to make the case to the american public. those public hearings i think will be crucial, ana. i can tell you from my own experience as a prosecutor, it's one thing to read a report, but it's another thing to see that witness live in front of a camera or in front of the a jury to bring what happened to life. that's the challenge that the committee is going to face. who do they call as a witness? who do they put on the in front of the american public to make this story real. >> they can't get some people to testified behind closed doors. they haven't made a decision on mark meadows. with steve bannon, it took about three weeks to indict him after his refusal. >> we are day 41 of mark meadows watch. other than the this is a more complicated decision than the decision to prosecutor steve bannon. on the other hand we got an important ruling out of the supreme court last week that firmly rejected donald trump's executive privilege claims. that's mark meadows' defense here. they're not exactly the same but that's a key peep i week surprised if it takes much longer. >> maybe it will happen today. we'll wait and see. thank you so much, as always. >> thanks, ana. three former police officers charged in the murder of george floyd are now on trial. what they're facing, next. >> 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. ♪ 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 we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. . they stood by, as george floyd was gasping for air telling them i can't breathe. right now three former police officers are on trial in federal court on charges stemming from floyd's death. jay alexander king, thomas l-- keung, and lane and thao. all three have pleaded not guilty. omar jimenez joins us live from outside the courthouse. update us on the elements so far. >> reporter: yeah, just a few minutes ago we just entered the lump break, but the dame has been dominated by openings statements. as you mentioned, they are all facing at least one charge they were deliberately indifferent to george floyd's medical situation and that kueng and thao failed to intervene. the department of justice said each made a conscious decision over and over again, chose not to interview as chauvin killed a man. they chose not to protect floyd. she said, you will see when the ambulance arrived, it was the paramedics, and not the defendants, who told chauvin to get off. her opening lasted about 30 minutes, at which point we began to hear from the attorney for tou thao. what he argued was the widely circulated video does not show the full context, and even the crowd that gathered didn't know the full context, and part of what he said specifically was the fact that something ends tragically does not mean a crime has been committed. as he acknowledged what happened to george floyd that day was a tragedy. moving forward we've heard from two of three former officer attorneys so far. we'll expect to hear from the attorney for thomas lane, earl gray, and after that we're expected to ted into witnesses in what is expected to be a four-week trial. >> the three former police officers also faced state charges in george floyd's death. for more on the legal road ahead, let's bring in criminal defense attorney sara azari. in this federal case, derek chauvin, he changed his plea to guilty back in december. he was the senior officer, while two of the officers, lane and keung, were rookies. could that bolster their defense, they were following the lead of a veteran officer? >> good to be with you, ana. yes and no. on the one hand, this is a color of law violation that turns on inaction as opposed to action, all of them blaming chauvin as the doer. ultimately the pivotal question is despite the lack of experience, what did these officers know in terms of their training in the academy, and just whatever limited experience they had in the course of that training as to how to respond in such a dire circumstance. we have to remember, this was 9:29 of opportunity where it goes to the consciousness of that decision, that they just failed to do anything. they engaged in the pss, maybe we should role him over on his side. no, i think prosecutoro bring in law enforcement witnesses, also experts who will testify about what any officer, despite scope of experience, should have done under these circumstances. perhaps called for backup, perhaps physically intervened and peeled chauvin off the floyd's neck. that's the pivotal question, what more they could have done. >> do you hear in one of the video asking if they should roll floyd on his side. chauvin refuses. could that lessen's lane's culpability? >> again, i think that would turn on lane's training, what his duties were and how he failed those duties. also, the idea, we have to remember, lane is the officer who started and triggered the sequence of events that ultimately led to this fatality. he's the one that responded with keung to the scene over a there are 20 counterfeit bill, pulled his gun within 20 seconds. so to me that's a color of law violation as well. it would be interesting to see how this jury, which is predominantly white, conservative, will weigh the credibility of officer testimony versus the prosecution's case. >> sara azari, thank you so much for being here. sarah palin just tested positive for covid-19, which means her defamation suit against "new york times" is now on hold. according to reuters, the judge overseeing this trial disclosed palin's results in court, adding she is, of course, unvaccinated. she's suing the paper over a 2017 editorial that falsely linked her to a mass shooting in tucson, arizona. the times corrected the error and apologized for it. the u.s. supreme court plans to that i can a look at race-based college admission, and some say the court's conservative majority could eliminate it. we'll disgust next. we'll discuss next. i've always been running. to meetings. errands. now i'm running for me. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com 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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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. developments out of the supreme court today. the justice announced they will reconsider the issue of race-based affirmative action in college admissions. the high court will hear challenges to policies at harvard and the university of north carolina. the group bringing the challenge argues that screening students based on race, amounts to unlawful discrimination. let's break it down with cnn legal analyst joan biscuppic. how do you think this court, with a 6-3 conservative majority will approach this issue? >> it is a whole new court. and you're right, since 1978 they've upheld affirmative action but by nearrow votes. this could really change higher education across america. because these practices have traditionally benefited black and hispanic students in the harvard case the challengers say those practices have come at the expense of whites and specially asia americans and it is not hitting as much as the potential cost to asia american as the challengers presented. i should tell that lower courts have sided with harvard and the university of north carolina. they've referred to precedent of the supreme court, the 1978 case, the 2003 and most recently in 2016 when the justices upheld affirmative action that lous racial consideration to enhance campus diversity, to ep hans the educational experience for all students. and what the court has allowed in the past is for race to be one of many criteria that admissions officers take into account. but they can't do quotas. that was originally the 1978 decision. race could be considered, but there could be no quotas. now what has changed, getting to your initial question, ana, this is a different court. in 2016, when the justices narrowly upheld race-base add firmive action in higher education, justices ginsburg and anthony kennedy were in the majority, they are now gone. succeeded by donald trump appointees and even before we had the three new trump justices, this court was already very skeptical of any racial policies and, in fact, chief justice john roberts had been working for more than a decade now on trying to end those. so i think that this -- the tact that they've taken up a case, that challenges lower court decisions does not bode well for these national policies, ana. >> this is one to watch for sure. join, thank you. a man on a flight from dublin to new york is accused of wild behavior on the plane, throwing a beverage container and threatening the plane's captain and even dropping his pants. that is next. it sounds like an eight-hour flight from hell thanks to one passenger. 29-year-old shane mchenry is free on bond after being arrested and charged in federal court accusing of refusing to wear a face mask, throwing an empty beverage can that hit another passenger and exposing himself and those are just a few of the disruptions he allegedly caused. cnn aviation correspondent pete muntean joining us now. we know he is from ireland and this happened on a flight from dublin to new york. how did this all start? >> so, interesting we're see seeing the incidents because of mask rules, that is the federal law of the law for almost a year now with so many unruly passengers, just look at the charges. this is from the u.s. district court of the eastern district of new york and it lays out and said that he was on this delta flight from dublin to jfk in new york. repeat tdsly refused to wear a face mask, through a beverage can at another passenger and the documents alleged that he kicked a passenger. and then mooned the flight crew after trying to make a fist at the captain. this has to be one of the most reg egregious cases we've seen. we'll see how this plays out. >> what kind of punishment could he face? >> well he is charged with intimidating a flight crew. which could be 20 years in jail. it is a federal charge. it is a bit of good news here because the justice department is trying to take this see seriously. there have been so many unruly passenger cases already in 2022. look at numbers from 2021. 5900 in 81 total and 4290 involving face masks. that was more than 70% of all incidents in 2021. in 2022 we've seen 151 incidents just so far this year. about 90 of them having to do with masks. >> what is wrong with people? pete muntean, thank you for your reporting. and that does it for us today. i'll see you back here tomorrow. until then you could join me on twitter at ana cabrera. alisyn an victor take over from here. hello, everyone, i'm alisyn camerota, welcome to "newsroom." >> and i'm victor blackwell. it is good to be with you. next hour, president biden will speak with the european leaders as the responsibility of a russian invasion into ukraine seems more imminent. the white house is in its initial -- rather i should say final stages of deciding which military units to send to eastern europe. tens of thousands of russian troops have amassed along the ukraine border. >> nato allies are putting forces on stand by and sending additional ships anz fighter