journal." with this lead line, it says that joe manchin is rescuing the democrats with his opposition to this bill. they also write about the fact that they think this is a moment to offer president biden a chance to shift some of the deck chairs in the west wing. they point fingers directly at the chief of staff, ron klain and also adviser susan rice by name. they say they're leading him towards policy is not working and it's time to make changes. also, another huge story today. the omicron problem and the lack of available testing treatments that are available in some countries but not here raising a ton of questions. everybody is trying to get tested today in new york city. we'll be joined by dr. amos who is great at answering the questions about what the this means as we head into the holidays. we can take some of your questions. we've been getting good ones throughout the afternoon. sends your questions to@martha maccallum on twitter. we'll look forward to receiving those later. first, peter king, former new york republican congressman. excuse me. so good to have you with us today. what are your thousand on what happened with joe manchin and blocking this bill and now he's angry about the way this was handled? we're waiting for jen psaki and he's not to happy with her. >> she was totally out of the line at the shot that she took at joe manchin yesterday. joe manchin has done all he can to try to make this work. couldn't get it done. that's the president's fault, not joe manchin's fault. joe manchin not only saved the country but may have saved the democratic party. this gives the democrats an opportunity to retreat gracefully. maybe blame it on joe manchin. that bill was a disaster economically. besides the money involved, it was going to restructure american society, restructure our economy. to do that in a giant bill like this was irresponsible. i was in politics a long time. for joe manchin to stand up to the entire democratic party the way he did. these are the people he works with every day. a lot of peer pressure and i'm sure they contributed in special interests calling him. for him to stand tall is a party of one. i give him credit. i knew joe somewhat in the senate when i was in washington. a great guy to work with. what he says is what he does. i think some of the young people in the biden administration, these staff people, thought they could outsmart him. you don't pressure joe manchin. he's a tough guy. >> martha: "the washington post" reporting this afternoon, congressman king, that says that he offered $1.8 trillion. but he would not go along with the expansion of the child tax credit. that was the deal breaker. what is your response to that report? >> again, could be accurate. i don't know whether they're trying to make him look bad. he does support the child tax credit. what it was, he wanted that budgeted. they were trying to say that was a one-year program when you knew it was extended ten years and they were counting it in the cost of the bill. they're going to try to pick and choose to sound as if joe manchin toesn't care about kids or senior citizens or the disabled. they're going to take these cheap shots at him. the fact is he's in a state where he won overwhelmingly. he's been the governor, a senator and a strong guy. he snows his constituents and he also knows himself and what he wants in politics and government. he won't back down. >> martha: it's a great point. let's pull up this fox business polling. this is probably the kind -- these are the numbers that senator manchin looked at. the question is do you think that this social spending plan will hurt the economy. 42% said yes, if we spend this money and see the inflation that is happening, it will hurt the economy. 19% said you can spend the money but it won't help the economy. so you're up in the 60% range on those numbers. it's clearly the progressives that are really angry at joe manchin here. this is ilhan omar in the house. watch. >> we all knew that senator manchin couldn't be trusted. you know, the excuses that he just made i think are a complete [bleep]. >> martha: yeah, she called it complete b.s. at the end of that. that's why it was bleeped out. your reaction to that, sir. >> any time you can be criticized by omar, that shows that you're right. i have no respect for her, no regard for her at all. she's on the extreme left wing of the party. the anti-israel wing of the democratic party. i have no use for her. the fact that she's attacking joe manchin so strongly to me proves more than ever that joe manchin is right. you asked me who i stand with? joe manchin or omar? i wouldn't go near omar. i'm with joe manchin. >> martha: so this editorial that i mentioned in the "wall street journal" today says something that i think has been in the wind for a little while. whether or not he should consider getting rid of his chief of staff and susan rice. she's taking questions right now. hang with us. we'll take a look at this. let's go to the white house. >> the vice president was saying that scientists were caught off guard with the variant and then push back from the scientific community on that. can you talk about what the white house's message on omicron is? should we be concerned? >> the president as you noted will be addressing the american people tomorrow. he will talk about what to expect as we head into the winter months. detail additional steps that we will be taking. the president has been clear that while vaccinated individuals get covid -- he will restate tomorrow that while vaccinated individuals get covid, the cases will likely be mild or asymptomatic. you're 14 times more likely to die of covid if you have not been vaccinated versus vaccinated. importantly, he will restate we're repaired and fully vaccinated individuals have the tools to protect themselves with a booster shot and masking where cdc recommends. for those that choose to remain unvaccinated, he will make clear unvaccinated individuals will continue to drive hospitalizations and deaths. that is not trying to scare people or maybe it is trying to make clear to people in the country what the risks are here of not being vaccinated. what is clear we're not in the same place we were in and something that he will reiterate tomorrow as well. thanks to the president's work to get over 200 million americans vaccinated, to be clear, covid-19 is not the same threat to fully vaccinated individuals that it was in march of 2020. i outlined the reasons why. again, as i said at the top, he will announce additional steps. so he will outline this clearly tomorrow. he has been candidate and he has been direct as he's provided updates to the american public throughout on our steps to address what we know is an unpredictable virus and our fight in a once in a lifetime pandemic. that's what people ask expect tomorrow. >> thank you. on the negotiations of build back better, senator manchin's story differs from the white house's version sunday. yesterday. a long time ago. i wanted to know if you could talk about where the gap is, if the negotiations fell apart over the tax child credit issue. where are we with manchin? >> i'd say i think the lengthy statement that i issued yesterday outlined specifically the events of the last few weeks. it was important to the president and to all the of us to make that clear to the american people. the status and the steps that had been taken. i'm not going to relitigate the tick tok of yesterday from here today. i will say that from the president's viewpoint and i saw him this morning, he's worked with senator manchin over the course of decades. they share fundamental values, long-time friends. that's not changed what is most on the president's mind is the risk of inaction. if we do not act to get this legislation done and the components in it, not only will cost and prices go up for the american people, but also we will see a trajectory and economic growth that is not where we want it to be. we've seen projections from goldman sachs and others on that front. he's no stranger to legislative challenges and we're going to continue to take steps, work like hell to get it done. >> does the president feel betrayed by his friend? >> i think our statement yesterday made it clear what we feel was the factual depiction of events that happened. the president sees manchin as a long-time friend and our objective and focus is moving forward. >> where do the lines of communication stand at this point between the president and joe manchin, joe manchin and the white house staff? is there contact at all? >> i'm just not going to give you an update on specifics from here. >> quickly on covid. ahead of tomorrow's speech, should americans restrict any new restrictions? >> this is not a speech about locking the country down. this is about being direct, clear with the american people about the benefits of being vaccinated, the steps we're going to take to increase access and testing and the risks posed to unvaccinated individuals. >> does the president still trust senator manchin? >> again, our statement yesterday made clear what the course of events were the last couple weeks. it was important for the miles per hour people to know and see that. he considers senator manchin a long-time friend and our focus is on moving forward. >> are you confident that the other 49 members are still on board with build back better? >> sure. i can understand that. i can't speak for them. you saw quite a bit of unanimity yesterday in the response of people and their desire from across the democratic party and their desire to get the legislation done. >> what would be his message to progressives who he asked to hang with him as things moved over to the senate, now that what many of them warned has happened? >> i would say one, his message would be we need to work together to get it done and he's going to work like hell to get it done. that would be his message. january is an opportunity to do that. >> on ukraine, the state department issued a level 4 travel warning today saying u.s. citizens should be aware of reports that russia is planning for military action against ukraine. the president spoke with his counterpart. at the pentagon they said they looked at a means of air defenses in ukraine. obviously you said you're monitoring this. is u.s. intelligence picking up something new? >> the travel advisory for ukraine remains a level 4. do not travel due to covid-19. the state department included it to update information on russia's military build-up on the border. just to provide additional information, but it has been at a level 4. >> nothing new otherwise? >> again, they provided -- the state department provided additional information through travel advisories to make sure they're transparent with american citizens in different countries and that's what they did in this case. we have seen large numbers of americans and others traveling to ukraine during this time of year and the holiday season. it was an effort to provide that information directly. >> jen, your statement alluded to working more on build back better next year. is it your expectation that the president and senator manchin will talk before the end of the year? >> i'm not going to give you an update on those engagementsed and keep them private. >> you think his 1.8 trillion is a nonstarter? >> the president has been clear -- i'll let senator manchin speak to the specifics of his proposal. i wouldn't confirm that from here. i know there's reports out there. i'll let him speak to that. i would say that the president of course wants to extend the child tax credit. that is something that he has spoken to. we know it was a significant contributor cutting in half the child poverty rate. he doesn't think compromise is a dirty word either. >> sunday, new york city mayor bill de blasio asked the president to use the defense production act because of the shortage of at-home tests and he also talked about the pfizer anti-viral pill should be fast tracked. are any of those things under consideration? >> we're in touch with the city of new york as well as all officials across the country experiencing upticks. we've sent 30 ambulances to the state and accompanying personnel to help balance patient loads. we've used the defense production act and spend $3 billion to greatly expand the number of at-home tests. that's something that we've tapped into. the president will have more to say tomorrow in his remarks about our efforts to expand access. go ahead. >> senator manchin this morning said they put some things out that were inexcusable. they know what it is and that's it. do you know what he's referring to there and do you have a response to comments about the staff? >> i don't. i would point you to senator manchin to outline further. >> can you talk about the cost benefit -- you've been so cautious of members laying out details of negotiation. what the calculation was by putting out the statement and being very clear about the anger and said the white house had the critical vote in caucus. >> senator manchin had a strong statement yesterday and we had a strong statement as well. we're ready to move forward and get it done and work like hell to do that. with senator manchin, with members of the democratic caucus. that's our focus moving forward. that's the basis of our calculus yesterday. >> one more quick one. senator manchin put something on the table. was it a final offer and it hadn't been rejected in a process that is underway. what is the process now? are you working through proposals? is staff dealing with policy issues? where do things go in terms of the actual proposal? >> clearly the next couple of weeks will be important and pivotal and involve high level staff engagements with the president and directly with members. we have been engaged with leadership, with members of the senate and their staff over the course of the last 24 hours to talk about the path forward. you saw, i'm sure, leader schumer's statement this morning and we'll stay in close touch and close coordinate with him and his team on the path forward in january. >> two. one on covid and one on manchin. with covid, has there been an outbreak of covid at the white house and has the president been in close contact with a covid person and in need hoff quarantine? >> the president has a full schedule today and is not in need of quarantine. we'll have information with our commitment from just a few months ago about being transparent with close contacts. i don't have any updates at this point in time. we expect there to be break through cases across the country, right? and certainly in the federal government. the most important thing to note for you and for others is that the 99% of the -- or more at this point of the white house staff is vaccinated. boosters are strongly recommended. we have a thorough process here that people abide by that will have close contact with the president and beyond that. and those protocols go above and beyond cdc guidelines. >> but you won't say if there's been a breach in the departments i mentioned? >> again, i point you to different agencies to give you additional information. i note that we do expect there to be break-through cases as there will be across government. >> on build back better, did see the see the article blaming the white house for incivility towards senator manchin and specifically the statement that was released on thursday, thursday evening and which the read or the assessment was that the senator thought that that statement blamed him in a way that wasn't in keeping with the approach that he and the president had been dealing with? >> i have not yet read his article. it's been a busy day. i will tell you that our intention if you look back to thursday was to provide an update on build back better. it is now a secret where there's opposition to build back better moving forward and where there's support, which is the vast majority of the democratic caucus. that was not intended to be directive or hurtful but to be a statement of fact. >> thank you, jen. the press call this afternoon, representative jayapal called on president biden to pursue executive action to pass components of the build back better legislation. is this something that the white house would consider or thinks is a realistic possibility to pass some of these elements? >> i haven't had a chance to discuss representative jayapal's call with our legislative team. i'm not aware of that being undiscussion. we have used executive action for a range of steps to make a range of progress. the president has not hesitated to do that. legislation makes it permanent. a lot of value in that. i can see if it's something more under consideration. >> regarding communications with senator manchin, you've not said much or that. are you able to confirmed whether or not president biden reached out to the senator today? >> i'm not going to detail contacts further. >> thanks. just to drill down on that. moving forward, you've state senator manchin to the wood shed? are you going to try to reach out to him? >> of course. we did yesterday. i will note the last two sentences of the statement, but we will not relent in the fight to help with americans. the fight for build back better is too important. we will find a way to pass it last year. we want to work with senator manchin and all democrats to get it done. >> are you going to try to bring gop members in to the fold? >> we will welcome their support for lowering costs for the american people and driving up economic growth. >> follow up on covid. you said 14 times more likely to die unvaccinated. is there a point in time -- what you said recently about hey, those vaccinated, it's mild or asymptomatic. those not death and destruction awaits you. are you done trying to be diplomatic on this? >> our responsibility and the president's responsibility is to continue to convey the risks, to continue to make sure that we're increasing access for vaccines, access to information for the public. that's what you'll hear him talk about tomorrow. >> does the white house share the statement with senator manchin before it was put out and what was his reaction to that? >> i'm not going to detail private discussions or sharing of statements in advance. >> on his call-out to democrats or badgering him, saying that they believe that he could be moved in his position somehow. is there any regret within the white house or the democratic leadership about how this negotiation went given that statement from him, if he feels his been badgered and beaten? >> that is not our objective, never has been. our objective is getting this legislation passed and reminding the american people and all people that could vote for it what the stakes are. so no, we don't have regrets about aggressively communicating about it and making sure people understand that if we don't pass this legislation, costs for the american people will go up and economic growth projections won't go in the right direction. >> this shows that democrats don't have a large up in majority to pull off this kind of transformational legislation without significant bumps in the road. the president ran as a moderate. manchin is asking for major policy changes to be bipartisan. so why are biden and manchin seemingly so far apart on this where manchin is wanting to bring republicans in and the president has tried to work this out? >> the president would welcome republicans joining this effort to lower the cost of child care, to make sure that families are not paying thousands for insulin, to make sure people can afford care for their parents and loved ones. he would welcome that. i think it's not a secret that opposition is driven by the concern by many in the republican party that they don't want to raise taxes on corporations and highest incomes. that's not a secret. we would welcome support from any republican to get this done. >> and on the omicron announcement coming tomorrow. what are the items that you have said are on the table. is that something that you reached a decision on? >> i don't have anything new on that. we said masking is something that we know is effective and works. i expect tomorrow you'll hear more from the president on what we're going to do more about making vaccines and testing available. >> real quick on the ruling from the sixth circuit on the vaccine or test mandates. obviously this has been a back and forth between the different circuits and still caught up in this whole process. the white house has said look to this deadline. we're going to continue pushing toward it. you're having businesses like -- amtrak said that they would have to cut service. and then they said just kidding, we're not going to. this might change that callous again. >> amtrak didn't say it was related to a vaccine mandate. they said they gave up other reasons for it. they already had 94% higher percentage of their employees vaccinated. >> they did. they also said on the hill in the hearing that because they would need to hire qualify employees that met their vaccine requirements that they anticipated having cut service from i think january to march. i know what you're referring to where they listed off other concerns related to hiring that was passed -- >> yeah. talked about a change of challenges that they were having. i would note 94% if not higher of amtrak employees are vaccinated. we know that 60% of businesses if not higher at this point have put in place vaccine requirements or testing requirements because they know it's effective for the economy and creates a safe workplace. we're welcoming the six circuit's decision and we feel it will create more certainty for the economy and this is not a time for organizations to be backing away from the requirements. >> you don't feel this is a back and forth? >> what is clear, we have companies putting in place restrictions and testing requirements that it's an indication that this creates certainty in the workplace and there's a healthy workplace. >> the president's own medical adviser suggested that if people gather with families, that they do an at-home rapid test before happened. we've seeing a look of supply at stores. there's long lines across the northeast. what is the white house doing to help get access to the test and will the president speak to the frustration that many are feeling during his remarks today? >> absolutely he will. i will note to date -- we always said this is a building process. our objective is to make tests accessible and free for americans. there's a lot of ways to do that and different ways that americans are getting access -- >> martha: we're going to keep a close eye on this. i want to bring back peter king, former new york republican, congressman. jen psaki said she stood by the statement that she made the other day when she was asked, do you feel betrayed by senator manchin. she said we stand by that statement. i wanted your reaction to this. she said that they will continue to work like hell to get this bill or a version of it passed. >> yeah, i thought she came across very arrogant, full of contradictions. one hand she says president biden has this long-time friendship with senator manchin and then she stands by her state caming him a liar and hypocrite. so you have a staff person attacking a senior congress manchin's like joe manchin is the height of arrogance. you asked me about ron klain and susan rice. i don't know what their responsibility is for this, but there's a white house staff out of control that don't know their place. if they have to take the hit, so be it. i have nothing against ron klain or susan rice but this white house is arrogant, carrying out the policies of bernie sanders, not the policies of joe biden that he ran on. so if ron klain and susan rice have to go, somebody has to go. >> martha: thanks for your thoughts, peter king. >> thank you, martha. >> martha: president biden's covid vaccine or test mandate for large employers gets a go-ahead from the court as the labor department sets new deadlines for companies to supply, but confusion and uncertainty seems to remain about whether boosters will also be required on that measure soon. we heard a little back and forth on that just a moment ago. in moments, art laffer. but first to white house correspondent peter doocy. hi, peter. >> the when with all this is two weeks from tomorrow, january 4, for the large employers to complete unless another court like the supreme court gets involved. right now the white house is getting what they want. they say we welcome the sixth circuits division. the osha vaccinate rule will protect employees as the u.s. faces the highly transmittable omicron variant. it's critical that we move forward with protections for workers with the urgency needed in this moment. we expect more than mandates tomorrow from the president. >> what you're going to hear from the president and i don't want to get ahead of him but he will stress several of the things and upscaling several of the things we've talked about. he came out with his winter plan, which is a good plan. getting people vaccinated and children vaccinated and making testing more available, having surge teams out because we know we'll need them because there will be an increase demand on hospitalization. strengthening the safety of travel. >> there's a lot of buy-in from republican lawmakers except the requirement for vaccines. there's a reason for that. >> i don't think it's going to stand. i think the courts will stop it from happening. we've been able to and we're one of the most vaccinated states in america. we're 90.8% of everybody 18 and older is vaccinated in hour state. 99.9% of our seniors without mandates. look, i'm focused on convincing people this is a great way to keep yourself and neighbors safe. mandates are not working. they're having the opposite effect and people are saying you can't make me do it. >> many mandates are asking the supreme court to intervene. the supreme court leaves this new requirement untouched, businesses that violate the new rule would be facing fines of $14,000 a pop. martha? >> martha: peter, thank you very much. peter doocy at the white house. let's bring in art laffer, former adviser to presidents reagan and trump. great to see you, art. we see the down is down about 522 points right now. there's a couple of things that might be impacting that. one is this omicron surge and as you heard jen psaki said, she believes the markets are selling off was of the failure of the passage of the build back better bill. what is your take? >> of course she would say that. i want you to know i'm vaccinated and i have my booster. i don't want them after me. just teasing. no, you have a market that is selling off because of the fed policies of winding down the buy backs of government bonds. there's still this issue that is not dead of build back better. it's not. maybe break it up in to pieces. the change is long due and i'm not worried about the decline today. >> martha: so what about the insistence that companies larger than 100 employees have to make sure that everyone is mandated? ocean will be very involved in this. they have to figure out a protocol. they're so used to the ping-pong that is happening on this as it goes through the courts. what are they supposed to do? >> i'll tell you, i have six kids and 13 grandchildren, martha. i know that when you mandate something to the kids, you'll find them resisting as much as you can people know what is in their own self-interest. i don't see why they shouldn't be allowed to do it themselves and talk it over with employers agree. i think government mandates in general really face a high bar to be able to be put in to place. personally my view is i'm vaccinated. i do have my booster. again, i'm 81 years old. anymore a risk category because of my age. i think it's safe for me to do that. everyone else may not agree with me. >> with regard to these vaccine mandates and how it moves through, you know, you heard -- the president -- here's a quick montage of what he said in the past. now another flip-flop on this. >> are you going to make vaccines mandatory? >> no. mandates good for the economy. not only increaing vaccination rates but to send people back to work. >> i waited until july to talk about mandating. because i tried everything else possible. the mandates are working. >> martha: i want to move this forward, about. jen psaki was asked about tomorrow's speech. he said it's not a lock down speech. people wonder if that could change, too. >> just for the record, when people get into washington, they get there to control other people's lives. that's why they do it. those people that are attracted there are really very dangerous people that want to interfere with you with a few exceptions like ronald reagan and donald trump and a few exceptions that don't want to get into your lives. all you can expect to them, they will say one thing to get into office. once they're in office, they try to interfere with your lives as much as they can and lock downs and mask requirements and all that stuff are the type of things they like doing. raising taxes can you believe they want to raise taxes after the beautiful economy we had after donald trump's tax cuts? you look at the history of the u.s. the best periods have been low tax rates that have created the prosperity from kennedy to reagan and bill clinton. here they go. they want to raise taxes again because they can it attracts people that want to control your lives and it's our job to keep them from doing it and keep them from getting into office as well. >> martha: art laffer, thank you very much. good to see you. >> thank you, martha. thanks very much. >> martha: thank you. merry christmas to you. thank you. all right. well, still a couple of minutes left to send me your questions from dr. amesh adalja. my twitter is at martha maccallum and he will answer those live after this. stick around. ♪“i got you babe” by etta james♪ ♪ get groceries, gifts, & more fast and easy. so last minute guests are the only thing you'll be waiting on. ♪ joy. fully. ♪ we've been waiting all year to come together. ♪♪ happy holidays from lexus. get $1500 lease cash toward a 2022 rx 350. ♪♪ veteran homeowners, newday's rates have dropped get $1again. se cash toward a 2022 rx 350. it's time to refinance. newday's low rate refi offers their lowest rate in history. two and a quarter percent. just 2.48 apr. save thousands every year and there are no upfront costs. not one dollar. the newday low rate refi. take advantage of these record low rates so you and your family can save. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now get relief without a pill with tylenol dissolve packs. relief without the water. 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(carolers) [singing] betttttter. because everyone deserves better. >> there's no way i'm going to walk away from this until we get this under control. we're in a war, john. it's like we're halfway through world war ii and you decide, well, i think i've had enough of this. i'm walking away. you can't do that. you have to finish this and we're going to finish this and get back to normal. >> martha: well, we certainly hope so. new covid cases in new york state breaking a record three days in a row putting the iconic new year's celebration in times square up for grabs. so in moments, dr. amesh adalja takes the questions that you've been tweeting me at martha maccallum. but first, david lee miller live in new york city with the latest. hi, david lee. >> hi, martha. as you point out, there's a record of covid cases in new york state since the pandemic began. the governor made a point of saying the situation now is not nearly as tire when the pandemic was at its worth. more than 22,000 people infected in a single day in new york state. upstate tompkins county, home to cornell university, has the state's highest infection rate. there's a surge here in new york city. the seven-day average for positive test respects were 7%. governor hochul saying the omicron variant explains why she's so concerned. >> as this spreads and i don't think upstate new york has seen the full brunt of this of how fast it spreads. it's all over new york city. that's the hospital capacity i'm worried about. >> the city says hospitalizations for people with covid symptoms increased almost 60% in the last week. mayor bill de blasio says there's not another shut down of new york city and crediting the high vaccination rate for that. there's a number of shows cancelled at radio city music hall. dozens of restaurants have stopped serving and plus have to be masked and there's uncertainty if the new year's eve celebration in times square will take place. all of this as new york city is preparing nor the toughest mandate two days after christmas on december 27. all employees, private sector employees in new york city will have to have had at least one dose of the vaccine if they want to work on site. the businesses that violate the mandate could face fines of up to $1,000 for each violation. martha? >> david lee, thank you very much. now to take your questions, dr. amesh adalja, senior scholar from johns hopkins. good to have you with us. i'm going to jump in here. we have a bunch of them to get to, this is number 2 on our list. why does fully vaccinated including a booster person get covid? >> you have to remember that vaccines are not bug zappers. even with full vaccination, the way they work, their goal is to not prevent every infection but to prevent any infection from causing severe, disease hospitalization and death. that's what the goal of the first generation vaccines were. we may get new vaccines that are more like the measles and causing sterilized immunity but the goal is to mott prevent every infection, just severe infections. >> so do you agree -- i'm going to pull up number 94. we can't we let herd immunity happen? >> so the whole prospect of herd immunity, not everybody has a mild case. if we would have let herd immunity happen in the prior eras, we have had more deaths than we did. with this version, it's going through the unvaccinated quickly. it's unclear how long this surge will last. it does seem to move very quickly. that is because it infects people doing things and peters out. it's unclear if that will happen. hopefully it will happen that we get through quickly but too early to know what will happen. if the unvaccinate have high risk conditions will be at risk for dying that is a problem with letting things rip completely when you have a virus that can kill. >> martha: obviously a big concern. for people that have followed the guidance and been vaccinated and then had a booster as well or, you know, either with or without booster, the question is can you transmit the virus after vaccination, you know, the same as someone that isn't vaccinated? does it lower your trans missability? >> right. you can transmit, but it's lower than somebody that is not vaccinated. what we find in the break through infections is people's immune system can control the virus very quickly. you might be contagious for seven days, ten days or 14 days when you're someone that is not vaccinated. so seven to ten days. someone with a break through, four or five days. the immune system clamps down quickly so you're transmissable for a shorter amount of time. they're not necessarily as contagious as someone that has not been vaccinated. >> that raises another question. so if you're fully vaccinated, whatever that means, you know, two shots or two shots and a booster, what is the quarantine period that you recommend if someone does test positive? >> so if someone tests positive, the guidance is ten days that you need to be in isolation. there's more data coming that shows that you can use rapid tests after four or five days that you'll turn negative that tells you you're not contagious or a danger to others. this should be something that we extrapolate to the general population as we come up with a sustainable approach. break through infections are mild but disruptive if you have to take ten days to self-isolate. we have the science and the tools to shorten that isolation period. >> that would be a big help. the nfl is doing something interesting. three not going to test people that have been vaccinated and are asymptomatic. they'll be out of the testing protocol. you think that is a wise move or not? >> i think it's a move that was expected to occur. they're looking nor a sustainable approach. if you're picking up these insignificant asymptomatic tests, they're probably not adds much value. targeted tests is good. we're going to get to a point that we won't consider break through infections like a nonbreak through infection. maybe you'll hear something from the president about that time. >> martha: thanks, doctor. thanks for coming on. >> thanks. >> martha: so we're watching for a verdict today in the case of former officer kim potter that mistakely pulled her gun instead of her taser killing 20-year-old duante wright. and a chinese tennis star walks back allegations of sexual assault. she said that she's very free, so is there more to her story? ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th ♪ ♪ learning is hard work. hard work requires character. learning begins in faith. it must move upwards toward the highest thing, unseen at the beginning - god. and freedom is essential to learning. its principles must be studied and defended. learning, character, faith, and freedom: these are the inseparable purposes of hillsdale college. mom, hurry! our show's gonna start soon! learni promised i wouldn't faith, anmiss the show and mommy always keeps her promises. oh, no! seriously? hmm! it's not the same if she's not here. oh. -what the. oh my goodness! i don't suppose you can sing, can you? ♪ the snow's comin' down ♪ -mommy? ♪ i'm watching it fall ♪ watch the full story at www.xfinity.com/sing2 >> martha: so the jury has been deliberated about an hour in the trial of former minnesota police officer kim potter who faces manslaughter charges, first and second degree in the deadly shooting of duante wright in april. potter broke down on the witness stand describing the moment that she mistakingly pulled her gun and not her taser. the prosecution argued that she acted recklessly and that she department have a "license to kill." mercedes colwin is standing by. first to garrett tenney at the courthouse in minneapolis. hi, garrett. >> hi, martha. this jury of six men and six women mostly white are now deciding the fate of kim potter. in their closing arguments, the defense said that duante wright is responsible for his own death, not kim potter. they said he escalated the situation by breaking free from the officers and trying to drive away when they were told that they had a warrant for his arrest. those actions forced potter to respond to keep her fellow officer safe. >> you have to look at the law. the evidence. the evidence about did she have a right to use deadly information. of course she did. whether she knew it or not, the other officers said that. she didn't know she had a gun. how could she recklessly handle one? >> the state argued that potter's own actions showed that she didn't mean to use deadly force, didn't believe it was justified and was reckless when she used her handgun instead of her taser despite her years of training. >> that's why we're here. she department use reasonable force. she shot a man. i would have preferred had duante wright follow the commands and not try to flee, sure. does that absolve her from liability? it does not. >> the jury has access to the video evidence in the case and also will be able to handle both the taser and handgun of officer kim potter the see and feel the difference for themselves. the jury is now fully sequestered until they reach a verdict. we're told that they're likely going to be deliberating until 6:00 p.m. local tonight before they come back again tomorrow morning, martha. >> martha: going to be very interesting to see how long it takes this jury. garrett, thanks very much. let's bring in mercedes colwin, criminal defense attorney and fox news legal analyst. the last point that garrett made is very interesting. the jury has the option to hold the gun and the taser and to feel how they feel differently in your hands. what do you think about that? >> that is a huge boost for the prosecution. once you feel the weight is different, the color is different, nothing that she would have seen the color, it's a difference between the two, having handled it myself, i represented the police department many years ago, so that is a big boost for the prosecution. but what the defense has is how anguished officer potter was on the stand during her direct and cross examination. it was pure agony when she relived those moments. she was sobbing on the stand multiple times. the judge said do you need to take a break. she said no. she kept on. so it's going to be really difficult for this jury to say that she acted with such recklessness that she should spend 15 years in jail. >> martha: yeah, and we've heard the prosecution make the point. they say, you know, this is not about remorse. it's about the defendant's actions in shooting and killing duante wright. we saw her break down on the stand several times. so, you know, when you think about the actual findings that the jury has to come to on either first degree or second degree man slaughter, given everything we're looking at, what goes through your mind? what do they have to prove or disprove? >> the recklessness is that first standard. the reckless disregard for human life that resulted in the death of another. the second is criminal negligence. meaning despite all of the training she had, despite the fact that she handled both of them, both the taser and the gun multiple times and she was on the force for 26 years, how could she make this mistake? what the defense did, they say this does happen, this can happen when you're brain says you have a taser in your hand but it's a gun. so there's an out for the jury. if there's a conviction, it will be the criminal negligent. she should have known. it cost the life of someone. i think the jury will hang their hat on a conviction, it will be manslaughter in the second degree. >> martha: thanks, mercedes. the tennis player that accused a former communist party leader of sexually abusing her was misunderstood. peng shuai ignited a lot of concerns about her safety. some are skeptical of this new twist. rich edson is following this story. >> good afternoon, martha. chinese tennis star pong shea says i never said or wrote that anyone sexually assaulted me. there may have been misunderstandings by everyone. she denies that she's been under house arrest, made statements about her will or the chinese government is watching over her. the executive director of human rights watched tweeted -- last month she wrote on a social media platform that she had a relationship with a retired chinese vice premier and he informationed her to have sex with him. she abrupt lid disappeared for weeks from public view. the women's tennis association suspended matches in china as a result. in a statement after the latest account, they said -- >> the association says that it still cannot make independent contact with peng and pushed other sports organizations to pressure china's government. beijing is preparing to host the winter olympics in february. the u.s. and allied countries said they renews to send officials to the games over the human right as becauses. martha? >> martha: very interesting. the wta was very strong in this story and their response to it. it's clear from your report that they're still pressing for more transparencies on this very situation. it's been very untransparent china has been. thanks, rich. that wraps "the story" for this monday, december 20th. the story goes on as we continue throughout the week. we have the trial we're waiting for the verdict in and elizabeth holmes trial verdict is expected to come back this week. see you back here tomorrow at 3:00. thanks for spending this hour with us. "your world" is right now. >> stocks rocked again. worries about the spread of the omicron variant did hit stocks today. although finishing off the lows of the session. goldman sachs cutting their estimates for u.s. economic growth after joe manchin rejected the president's social spending bill. we'll have a lot more on the market fallout coming up. first this. the white house ripping in to the dickty senator from west virginia for slamming the brakes on build back better. joe manchin standing by his decision and ripping the white house staff for putting things out

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