president and ceo of resolve to save lives. dr. freeden, great to have you on. the cdc is now cutting the quarantine time from ten days to five days. the "new york times" notes the following. quoting here. what do you think? is it important to test negative before you leave quarantine? did the cdc make a mistake here? >> let's step back and ask where we are. we're in a very different time. the omicron virus is enormously infectious. it's spreading like wild fire. it's not a wave. it's a flash flood. what that might do is make it difficult for airlines to operate, schools to operate, businesses to operate. and the data is showing that it spreads faster, not just spreads more, but spreads faster. most of that spread will happen a day or two before you feel sick and the first day or two after you feel sick. very up likely to happen after that. could you say in an ideal world, everyone would get a test before they come out. yeah, it's easy to criticize, hard to do better. first off, we don't have enough tests. we should. we don't. we're talking about 250,000 cases a day, maybe more. many people that don't get tested. if they had to test to get out, maybe they won't get tested in the first place and not get the treatment that they need to live longer, not have the chance of infecting others and to get the treatment that could save later life. so they've walked a good line here. they balanced between being realistic and accepting the rapid tests are not rapidly available. they say the best practice is to get a test at five days. >> sounds like we're giving the cdc a pass here because we don't have the resources to uphold stricter mandates. we're having a little presidential whiplash here. yesterday the president told governors this. listen. >> there's no federal solution. this gets solved at the state level. i'm looking at the governor sununu on the board here. ultimately gets down to where the rubber meets the road. >> today he tweeted -- >> sounds to me, doctor, the president got pretty good push back and now he's changing positions. pivoting, if you will. >> the way i think of it, trace, the federal government has an important role and states and local governments have really important roles. a lot of things you don't do from washington. when i ran cdc, this often came up. some folks in washington said do this. no, it doesn't work that way. the state, the county, the city know their environment best and best place to do it. you know, if you step back, big picture here, we're still losing over 1,000 americans a day to covid. we've lost hundreds of children to covid. you might say, well, it rarely kills children. if that's your child that is a universe that you lost. if we just vaccinate and mask. i know that is controversial with some who are listening, watching. that really is our way to get 2022 the year in which covid stops dominating our lives. >> new york city has the highest vaccination rate or among them in the city, the country and one of the highest case rates in the country. people wonder, are we going down the right ride. vanity fair says the white house has rejected a plan of millions of rapid tests in october. the white house says they didn't reject it. where do you come down on that? >> we need more tests 0. they are countries have more tests. you can't rely on companies to do the right thing always. the government has to say sometimes you need to do this. it's not always popular with companies and with the public or taxpayers. when something like testing or vaccines or masks, this is fundamentally what we need to do to get our economy growing, to get our kids learning in school and save lives. >> i have to go here. the omicron variant, you say it's spreading like wildfire here. is it a one and done thing or is there a possibility of getting reinfected with omicron? >> only time will tell. because generally causes more mild illness, may not give you much immunity. we don't know how many people will be hospitalized and die from it. better safe than sorry. vaccinate, boost and mask up indoors when you're around other people. >> very good point. thanks, doctor. we appreciate it. >> thank you. >> my next guest points out the record-breaking number of new cases in places like new york city is higher when you account for people taking at-home tests without reporting the results. let's bring in dr. spencer, director of emergency medicine at new york presbyterian, columbia medical center and an ebola survivor. if the number is higher, is that a good thing, doctor? >> that's a good question. as the doctor said, this isn't necessarily a tidal wave. this is a flash flood. it seems to be that covid is everywhere. in my hospital, out on the streets, amongst any friends who text me every day, family, others. this is something that we'll see across the country. is it a good thing? it's a good thing if you have been vaccinated, you have protection and you're not likely to end up in the emergency room where i work short of breath. it's not a good thing in that it's happening so quickly, it's infecting healthcare staffs themselves. a lot of providers are taken out with their ability to provide for patients. we know it's going to spread from new york city around the country as well. >> we talk about the spread here. but dr. jha from brown university said this to us yesterday. i'll get your response on the back side. >> that link between cases and deaths is starting to break. i think that is a feature hoff an endemic virus. i'm not saying it's endemic yet. next month will be tough for the country. we are now i think transitioning to a different way to think about this virus. >> should we go and forget the cases metric and go to hospitalizations and deaths? >> we need to be following all three. each case can give rise to many other cases, especially if they start in younger folks that don't have a high risk of going to the hospital or dying. those paths that we've seen before in the past two years of the pandemic, to those that are vulnerable. even if we're decouping the cases, we'll have a smart percentage of the big number of cases that will end up in the hospital. we'll have more than a thousand people dying that we do now. we have vaccines now that help prevent people from getting really sick and needing to see me in the emergency room. that's what we need to focus on. >> a good point. new york city has the highest vaccination rates, the highest case rates. seems to defy logic. how do you square that? >> well, i think also in march and april of 2020, we had so many people in our community get hid over the head with covid. we had a lot of people die. we have a lot of cases now. we know omicron is capable of reinfecting folks and getting through the vaccines. we know the vaccines hold up against severe disease and hospitalizations and deaths. what i'm sees in the emergency room, lots of covid, people that have been vaccinated and boosted, it's pretty mild symptoms. the overwhelming majority of people that i see daily that are very sick, need oxygen and stay in the hospital are unvaccinated. >> fair point. dr. spencer, thanks for coming on. >> thanks for having me. >> former president trump admonished by his critics for his failure of testing. >> trump is why we have barely tested many americans. trump is why it's almost impossible to get tested at all for most americans. >> so where is the outrage now? dr. brett giroir that led testing under the trump covid task force is next only on "the story." veteran homeowners, need a financial boost? the newday 100 va loan lets you borrow up to 100% of your home's value and take out up to $60,000 or more. give them a call. veteran homeowners- with home values at all-time highs and rates at near all-time lows now's the time to do more with your home equity. veterans are calling newday at a record pace to take advantage of the newday 100 va loan. you can borrow up to 100% of your home's value to upgrade the kitchen, add a pool for the grandkids, or have the security of cash in the bank. with an average cash out amount of $60,000, you can do more. if you have postmenopausal osteoporosis and a high risk for fracture, now might not be the best time to ask yourself... 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>> so what they did, the fda continues to authorized tests as they became available. the federal government did not invest. remember that buy now. we bought up 150 million and delivered them free to the states to any one at risk. what they did was allow the fda to authorize them but they didn't invest. they didn't place orders. that's why all the lines that we stood up with the billions of dollars got shut down because there was no demand. this was complete incompetence and look of forethought by the biden administration. now we're stuck giving them out to every household. we ned a couple billion test as month. we have 500 million over a few months. so we need to be strategic and get the tests to people that benefit like those eligible for oral therapy. not just shotgun. there's not even a testing coordinator now. it was carol johnson. nice lady. good social worker. ran new jersey. no technical competence in december. there's no testing coordinator until january until when another one will come in. in the midst of a pandemic, we don't have a fda commissioner and no testing coordinator. there no account ability whatsoever. >> trace: and it wasn't just the media. ron klain, the chief of staff, said in june of 2020, i've been saying since martha we can't beat covid with the articles of response. if trump won't use it to beat in killer disease, i know someone starting on 1-20-21. that someone that will yesterday said there's no such thing as a federal solution to this. your thoughts. >> our model is a traditional model. federally supported, state led. that's how the response goes. biden is learning that this campaign slogan that he promises don't hold any water. the reality is what we did. we pushed the system and saved millions of dollars through warp speed. >> trace: dr. brett giroir, good to see you. thank you. >> thank you. >> trace: how the omicron surge in new york city is now impacting jurors weighing the sex trafficking case against ghislaine maxwell. that is next. ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th it's your home. ♪ liberty. liberty. liberty. liberty. ♪ and there's no place like wayfair to make the morning chaos, organized chaos. however you make it, make your home a place like no other. >> trace: the covid surge is an issue in the ghislaine maxwell deliberations. she's accused of recruiting girls as young as 14 years old and jeffery epstein abused them. many say that maxwell is used as a scapegoat because epstein is dead. alexis mcadams live in new york city at the courthouse. >> that's right, deliberations are still on going here in new york city for the fifth day in the ghislaine maxwell trial. the judge going in to the courtroom and telling the jurors that there's a major concern about the huge spike in covid cases here in new york city. she told them that if somebody has to quarantine, if they get sick on the injury, that could lead to a big delay here in the trial. this is what we know about what has unfolded in the courtroom. the jury still appearing to have questions about this case. right now ghislaine maxwell facing six federal charges including child trafficking charges. prosecutors said she groomed under age girls for her boyfriend, jeffery epstein. the jury requested copies of the testimony for all four of maxwell's accusers asking the judge to identify enticement, which is part of the two charges that maxwell. there's still no verdict. >> the more time goes on, defense attorneys are happier from their perspective that the jurors are looking at the facts and it's not a slam dunk for the prosecution. >> during the more than two weeks of graphic testimony here in new york, the supreme court has heard from four women that maxwell said they were underaged. she told the jurors that maxwell wouldn't be the scapegoat nor epstein's case.that's what the defense has been saying. if maxwell is convicted, she faces 70 years behind bars. she's pled not guilty to all charges in front of the federal courthouse. we're waiting for any developments seeing if the jurors have more development. they submitted 12 questions to the judge so far. they're expected to deliberate until 6:00, an hour longer than the past week or so. so any developments we'll bring them to you, trace. >> trace: thanks, alexis. here now is bob bianchi. great to see you. what happens? if in fact one of these jurors does get sick and they have to quarantine and delay the whole deliberations what is the remedy? >> the remedy is either you remove that juror and replace it with an alternate, there's not a great solution here, trace. in the proximity they're in, if one gets infected, you could anticipate more gets infected. the judge could have to wait it out and reconvene after they're over it. i was surprised that the judge did what she did and telling the jurors that she has a concern. as the defense noted, she's telling them to hurry up, which could cause an appellate issue should there be a conviction. >> trace: she said i'm not trying to rush you but we would like to get this over with. a lawyer that represented several victims "an acquittal would not surprise me. it's a difficult case. the prosecution put on really good conditionses. the defense did a good job of poking holes in some of them." sounds like the jury is struggling a bit here. your take. >> yeah, as a prosecutor, i wouldn't be happy. i'm getting hit or all angles here, trace. number 1, they want read back on all of the important testimony including victims and the 404 witnesses, which is the heart of the government's case. they want all the testimony. they have difficulty with regard to the facts. secondly they're asking questions on the law. that's a double edge sort against me as a prosecutor. i'm getting nervous that the longer they take goes to the benefit of the defendant. that said, you never know. that could be debating over a single charge. there could be one person that is a holdout. i can tell you from the physics of being a prosecutor, i don't like they're asking the judge to recharge them on the law. it's not good. >> trace: even asking for the definition of "enticement." investigators still looking for a motive after a deadly shooting rampage in the denver area. the gunman also injured a police officer before police killed him. jeff paul is live for us in the l.a. newsroom. jeff? >> yeah, police right now have a massive amount of work on their hands. multiple dead. several injured including a police officer. they have to piece together several scenes spanning two different cities. we know when the shots started, it happened in central denver. two people were killed and one injured. a second shooting was reported with yet another person dying. eventually police made contact with the suspect. gun fire was exchanged. the suspect got away where he head to lakewood, colorado. police got a call about shots being fired at a local business where a fourth victim was discovered dead at the scene. >> we're just inside the store. we heard one gunshot. sounds like they hit the side of the building. the cops came out and swooped us in to the back. >> the officers got eyes on the gunman's car. when they later found a vehicle, they shot at them. the suspect was shot in lakewood and died at the scene. >> scary this is what goes on nowadays. it's not uncommon to be public shootings. it's scary. >> we're starting to learn more about one of the victim whose died. one of them was a 44-year-old mother who own add local to shop. he leaves behind a 12-year-old daughter. after the last update, police say the officer that was shot was undergoing surgery. trace. >> trace: thanks, jeff paul. what some red states are doing to help out those or help those that are out of work because of vaccine mandates. that's next. veteran homeowners. while some banks and lenders are raising their rates newday is holding the line with their two and a quarter refi. that's 2.25%, with an apr of 2.48. this is their lowest rate in history. the newday two and a quarter refi can cut thousands of dollars off your mortgage payments. there's no money out of pocket and no up front costs. lock in your rate. welcome to silversneakers. are you ready to get moving? 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(muffled, distorted) ...43... not better. >> trace: as parts of the country tighten covid-19 mandates, some are taking steps to help americans out of work because of those requirements. and in new york, they're focusing more on treatments. first to kelly o'grady on the west coast. >> hi, trace. many states are help those were unemployment benefits that have lost their jobs over vaccine mandates. critics say it is paying people that remain unvaccinated. but americans should decide for themselves whether to get vaccinated. let's dig in on that. five republican-led states have carved out exceptions, arkansas, florida, tennessee, wyoming. workers don't typically qualify for benefits if they quit or dismissed for violating company policies. some states like kansas are allowing those to remain on unemployment as well. on the business fronts, advocacy groups say the government should be getting involved and the vaccine mandates should be the company's choice. >> to impose more restrictions on them, to impose more costs on them, to make it that much more difficult to staff up at a time when we have so many openings, doesn't make sense. >> to put that in to context, the current vaccination rate in missouri is 53%. so businesses are worried about that increased cost that they'll have to shoulder with this change in unemployment benefits. the mandates are putting companies in a tough spot between and employee's right to choose and their ability to remain above water. >> thanks, kelly. next let's bring in nicole maliotackas. what do you think? are some of these red states incentivizing people not to get the shot? >> i think republicans need to focus our fight, our time and energy with the legal battle with the supreme court about to hearing the biden mandates january 7. mandating individuals to be vaccinated is wrong. to take aware their livelihood is wrong. we shouldn't incentivize people to get vaccinated. we have to focus on alternative options. i don't believe the biden administration is doing enough to focus on treatments and therapeutics. new york city hospitals have a shortage of monoclonal therapies as el with. we're seeing the same in michigan. so we need to focus federal efforts on getting therapeutics approved and getting more monoclonal anti-bodies to the states and fighting the mandates on the legal level. >> trace: we mentioned you're from new york and recently tested positive for covid. >> when you see new york city has the highest vaccination rates and the highest case rates what do you think? do you think there's something about this disease, this virus that we're missing? >> yeah, new york city has a vaccination rate of 89%, which is above the national average. we're still seeing people test positive. what the mandates have done is actually fire individuals, they fined -- they want to fine businesses or fire individuals that are not vaccinated and still seeing people test positive among the vaccinated population, which is leading to staffing shortages. what we're seeing, fdny, nypd, ems and the staten island ferry running short-staffed. we're now going to see that pushed on to the private sector. we're hoping the new mayor will reevaluate this situation and at minimum allow people to have the testing option. i believe that covid is here to stay. it's taking various forms, various mutations, yes, but we have to learn to live with it and adapt to it. i think treatments and therapeutics is really the answer. >> trace: the "wall street journal" had an interesting op-ed. they're asking how is it that we're adopting these authoritarian nations tactics when freedom has just worked so well. strongly oppose government vaccine mandates. if you're crazy about hondas, but don't think the government should force everyone to buy a honda, are you anti-honda? it's a fair point. >> i agree. i encourage the vaccine but i'm against the mandates. i believe the reason why i had mild symptoms is because i was vaccinated. but i do believe that we need to have many tools in the arsenal. the vaccines are one. treatments and therapeutics are another. we need to learn to adapt to the virus. it's here to stay. we can't exaggerate every time there's an uptick in cases. so giving people the choice, the information and the tools that they need to keep themselves and families safe is the right thing. let's continue to provide these alternatives in terms of treatment and still encourage those that want to be vaccinated to do so and giving them the proper information from the cdc. it's been the miscommunication and the various changes in communication in the recommendations from the cdc that has caused confusion with individuals. they just don't know what to do anymore. so they've been skeptical and hesitant. >> you say giving people the right tools. this whole testing thing is a mess for the administration. they have said not followed up on the rapid tests. now they're in a pickle here. the president has kind of worked himself in to a corner. what do you think about this whole testing mess? >> testing is one thing. to know if you're positive is important to continue to stop the spread to your relatives and loved ones with but does nothing to address the actual virus. treatment and therapeutics is where we need to be focused. covid has highlighted the need to bring our supply chain home. the fact that there are not enough tests in new york city is part of the issue. but i think, you know, making sure the medications are being brought home, the ppe, the things that we need need to be made here in the united states. that would address the supply chain issues that you see from the testing, the medication, et cetera. that is my focus and recommendation to the president to focus on those particular issues. allow the states to do their job. you know, everything has to trickle down from the federal government and allow the states to just do their job. we need to work together, local, state and federal to address this issue. give people the options to protect themselves and the doctors to recommend and make recommendations for their patients. >> someone pointed out the tests are not made in the u.k. they're getting plenty of rapid tests. thanks, congress woman malliotakis. >> thank you. >> and the crime crisis rocked 16 cities with record homicide rates. that is next. ♪ superpowers from a spider bite? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th earn about covid-19,. liberty. liberty. ♪ the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. >> trace: 16 american cities are surpassing homicide records in 2021 as communities struggle with a surge in crime and shortage of police. in a moment, brandon tatum, former police officer and author of "beaten black and blue" being a black cop in america under siege. first, william la jeunesse with the story behind the numbers. william? >> trace, the numbers that you cite really have initiated a national conversation really about policy. prompted some voters to rethink who they voted for. the d.a.s, prosecutors in l.a. and san francisco are facing recall elections. those cities are seeing homicide rates that they haven't seen the crack cocaine 1990s. california's all four major cities with increases in violent crime and property crime including oakland. >> just goes again to the callous nature of people's behavior right now and the willingness to use firearms in our community. >> so following the death of george floyd, many democrat-led cities defunded the police. voters followed the rhetoric. they elected das that favored no bail, shorter sentences like philadelphia's larry crazner. he blames the media hype for increasing gun sales and voters' fear. >> i understand there's a long tradition in journalism of reporting around terrible crimes and selling papers around it. selling newspaper coverage. >> so police have explanations about why some property crimes fell during the pandemic. more people are home, burglars don't like that. also businesses closed. less to steal. fewer people on the street. fewer people are rob. with fewer felons in jail, fewer cops on the street, there's been an increase in violent crime. >> trace: there's no sound. >> okay. sorry about that, trace. i lost everything. so i think right now we're a little bit at a cross roads. some cities are rethinking the direction like los angeles, san francisco, chicago are going back on things as they said before. the conversation is a different place today compared to where we were after the death of george floyd. >> very valid points. william la jeunesse live in l.a. thanks. let's bring in brandon tatum, former police officer. mr. tatum, the whole concept here that william brings up is that you have thousands of police officers that have retired, have resigned. far left prosecutors that have kicked criminals back on the street and the administration continues to point to the pandemic as cause 1 for the rise in crime. would you dispute that? >> 1,000%. the cause of the crime is not the pandemic. the biggest cause of this crime or the crime influx is the fact that you have demoralized and criminalized police officers, caused good quality men and women that have tenure, that built relationships in the community to leave the police force. and every year there's as spiring young people that desire to serve their community. that's thrown away. the young vibrant people are not joining law enforcement. the ones that own a job, can't retire, stuck in the middle, can't find another job, they're going to sit there. they're going to sit back and allow these things to happen. then once they arrest a person and they're coddling the criminals, caring more about the criminal than the victims. they want to find resolutions for a criminal to get out and key committing crimes his whole life. they don't want to do nothing for the victims and protect people of their own city. this is all creating a situation of backlash for the politicians and leaders and i hope the leaders will stand up and realized that they messed up. >> trace: l.a. mayor eric garcetti says there's no reason for alarm. at what point to we raise the alarm bells? >> people are already raising the alarm bells. they want to recall half of these people in office. i think for garcetti, the only way that he will get pause or only way that it will be alarging for him is if they break in his house and follow him home and rob in the streets like they do the other citizens that are not protected like he is. people should always be alert. i have friends and family members that live in california that say -- there's gang members that are saying, don't come here. the police are not going to protect you and this is the baddest time on the streets, especially in los angeles that there's been in awhile. don't come to our city. that is alarming. >> trace: "beaten black and blue." what is your take-away of the book? >> to give insight to law enforcement in america and debunk the myths of the police brutality, defunding the police. we talk about those things. i want people to get an insight of what it's like being a black police officer in america and the experiences that we've experienced the last several years. >> trace: thanks, brandon. >> god bless you. >> trace: a former bay watch babe arrested by the fbi. the story behind this video is next. veteran homeowners, newday's rates have dropped again. 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. i lost 26 pounds and i feel incredible. with the new personalpoints program, i answer questions about my goals and the foods i love. i like that the ww personalpoints plan is built just for me. start the new year with three months free. join today at ww.com. hurry, offer ends january 3rd. >> trace: the woman accused of hitting a passenger on a delta flight is a bay watch actress. it happened on a flight from tampa to atlanta. patricia cornwall accused of hitting a man after she got into an argument. she told him to put on a mask. he called her a karen. she's facing a federal assault charge. cornle what was a cheerleader for the raiders and appeared on baywatch. she's out on $20,000 bond and only allowed to return to fly to return to l.a. meantime, take a look at this. a plane crash caught on camera. it happened last night in san diego. the plane was coming in for a landing. the ntsb has just released a breaking update. david lee miller has that for us live. david lee? >> let's start with this, trace. the video is chilling. it was a homes door bell camera that captured the moment that the plane crashed east of san diego. all four people on board were killed. no names have been released. no injuries on the ground. the plane that took off in orange county. a purported reporting of the pilot speaking to the control tower suggested whatever went wrong happened over a few seconds. one moment the pilot is cleared to land. the next he's shouting expletives followed by noise and silence. residents that heard the blast rushed to the scene. >> all we seen was the big commotion, blue lights, red lights and smoke. then go check out to see what happened. >> following the crash, power lines were down disrupting electricity to many homes. the ntsb says the plane was not equipped with a flight data reporter but did have a cockpit voice recorder. anyone with video or who has information about the crash have asked to contact the ntsb. trace? >> trace: i know you mentioned air ambulance. to we know if there was a patient or board? >> it's too early to today. they have not released details identifying who was on board. >> trace: thanks, david lee. that area of san diego i know well. back to you as the news breaks on that. thanks so much. that is "the story" of tuesday, december 28. it is three days after christmas already. new year's day is three days away. as always, the story goes on. we'll see you back here tomorrow at 3:00 p.m. on the dot. there you have a live look at new york city. the christmas shopping is over. the new year's revellers are in force. but so is covid. breaking news continues. i'll see you back here tomorrow. "your world" right now. >> apple now limiting in-person shopping at the new york city stores. ain't too proud, the life and times of the temptations. the latest broadway show to a flounce that it will be closing. goldman sachs will required booster shots to enter its offices as omicron cases surge. welcome. i'm jackie deangelis in for neil cavuto with a special edition of "your world." let's get to steve harrigan in atlanta with more. steve? >> jackie, the cdc making it official that omicron is now the dominant strain of covid