the times adds this, it's not yet clear whether omicron causes more disease than other version of the coronavirus. >> we have about 90,000 new cases a day here in the united states and right now 99.9% of them are still are the delta variant. it may be that omicron is ail to out compete delta. we have not seen any symptoms that are unique to omicron, symptoms that are presenting are similar symptoms we have seen with delta. >> the problem is according to the cdc director, covid cases are rising right along with hospitalizations, we'll talk to an er doctor who's witnessing this firsthand. there is also news tonight concerning the capitol riot investigating january 6th. a former trump justice official will not give deposition but will appear on the 16th. jeffery clark's postponement was due to medical. clark who the committee says trying to get the doj to act on trump's big lie and deny the biden presidency signalled he intended to plea the fifth. members voted to refer him of contempt of congress. today we learned another high-profile witness, john eastman who wrote that memo outlining a plan to overturn election have also involved his fifth amendment rights. the committee has requested eastman to turnover documents and appear for his deposition on the 8th of december. adam schiff says they are determined to hear from clark and eastman. >> we are following mr. clark's example. we have great questions for him. we indicate no fifth amendment concern and no factual basis for that. we'll have to see when he comes in whether there is a good faith bases to a certain of -- what i find extraordinary is we have someone in clark who's at the senior most senior level at the department of justice who's saying i can't answer certain questions because it may in criminate criminal activities. that just takes my breath away. >> another front, today started with a mix bit of news of the state of our economy. 210,000 jobs were created last month. a lot of the economy expected that number to be well over a million. unemployment dropped to 4.2%. that's the number of the real indication of the state of our economy. >> today's news means unemployment rate have not fallen by 2% since i took office. that's the fastest climb in the same year on record. it's about three time faster than any other presidents. we can reflect on extraordinary bit of progress. our economy is more than stronger than a year ago. it's beginning to work. >> as you may have heard the president sounds awful, he's fighting a cold while he caught from his grandson. the white house went out of its way to assure the press core is not covid. he had three tests this week that all came back negative. one more story we following tonight out of michigan concerning the parents of that 15-year-old charged with this week's fatal school shooting. james and jennifer crumbly were charged with involuntary man slaughter today but they failed for an arraignment. four students were killed during that shooting and several more wounded. with that, our starting line with jonathan lemire, host of the 5:00 a.m. broadcast on this network, "way too early," also politico's white house chief, susan page and cynthia, former federal prosecutor of tl justice department, good evening and welcome to you all. susan, first question goes to you, what will this new phase of the pandemic do to the best laid plans of the biden presidency, their domestic agenda? >> joe biden is elected with a job one of the pandemic under control. there was as brief shining moment that we thought was just around the corner, that was not the case. omicron is a reminder that the pandemic is here to stay for some time and we are learning to deal with it. it affects everything else. it affects the economy and it affects education, it affects the nation's mood which has turned sour and i affects the president's approval rating. the idea that it's going to beover any time soon we can shove that. we'll be living with that for some time. that's sobering news for president biden. >> jonathan lemire, this white house has had several different campaigns and plans to fight covid. their latest may very well be dated by the slow-moving arrival of this apparently new strain of where to go from here? >> brian, first allow me a personal note to say thank you for not just a brilliant show but providing a platform for journalists, i know i will always value your friendship and i miss you. as for the variant here and the presidency, the speed of this is really important as you noted. the winter covid plan that we heard from the president outlined yesterday was in the works before this new variant was on anyone's radar due to the surge in cases that the u.s. already seen from the delta variant which is still the dominant variant and deadly throughout the country, losing more than a thousand americans a day to it. it's not quite clear how severe omicron is. the white house and administration is preparing for the worse. we heard insurance picking up the costs of testing and mask mandates on public transits. renewed push for americans to get vaccinated, get your boosters. that of course is the problem throughout because there is so many of our fellow citizens refused to get the shots, particularly republicans and much to the frustration of the president's advisers. he really tried to rally the nation together. look, this is not a time for politics, this virus is still with us and we are facing a long winter in its grasp. >> a final point, a few tools left that they could use, there is a possibility of expansion of mandates. the president left that door opened yesterday. >> also, possibly, it's not yet and he said today he's not willing to go there yet. vaccination cards for domestic travels, airplanes and trains and buses and so son. he feels that's not needed. it's not off the table just yet. >> so let's jump into the one sixth committee, i know what we were told not to say when people take the fifth and what it means and does not necessarily mean but this is a great look for two attorneys to both take the fifth about their knowledge of one-sixth and the second part of the question is what should the committee do? >> they should always taken the fifth. i think they would have but for the political optics of it. they dance around and play games. at its core is always been a fifth amendment assertion and bannon should have taken the fifth. these are a bunch of people who are involved in a conspiracy to overthrow the government. they were hanging in and out the war room at the willard hotel and talking to president trump and talking to each other. they had their little rooms and they were calling different secretaries o f states. they should of course take the fifth amendment. as a lawyer i tell them to do that and as an american, i want to find out what happens and i want them to test us. they should be prosecuted for this conspiracy. there is not a lot that tp committee can do. they can get the underlying data. in assertion to the fifth amendment is an important right that every american has. there are a lot of documentations and cell phone records and a lot of ways that we'll be able to go forward. my big concern is the committee does not hand out immunity. once they do that, they end up screwing up the criminal case and that's the way oliver north got off and i don't want the see anybody get off in this case. >> susan, back to politics, the gop has taught us a lot over the past five or six years. we learned that you can invite russians to your convention and we learned you don't need to have a party platform at all and mitch mcconnell says there will be no gop legislative agenda announce inside the senate but roadblocking they have gone deep on. they tried to block tr government funding yesterday by going after vaccine mandates. is that a brand? can it be a policy? can it be a governing idea? >> it could be an election idea. running against the incumbent and criticizing the president's platform without laying out the specifics. that's a strategy that's assessed in the past. elections that we'll see in the midterms, i think next year are the people who are in power at the moment is democrats. that's a strategy that republicans have decided to pursue. if they win control of congress as they hope to do, it does not put them in a strong position to get anything done on their own because they want to claim to voters whatever they would do if they got power. >> jonathan lemire, it appears biden has been more aggressive on messaging, not necessarily sending surrogates out as so many in the bay he should have been doing more aggressive. the problems with that seems to me number one, if people are not feeling it, it does not feel like a great time economically. number two, he's competing with a megaphone and whose ever dog is barking in the background. >> no pup here, sadly. >> we note this and i wrote about this in politico this week being more far aggressive. they're going after republicans really trying to draw sharp contrasts and trying to paint the gop as party of destruction. when it comes to the economic recovery but also battling the pandemic for opposing the vaccine mandates and for shining down the government over vaccines. we had florida, senator scott the other day telling the wall street journal inflation was a good thing for republicans, politically. and as the white house puts it out, those are not people rooting for america. we have seen a far, tougher tone from the president in recent days. some democrats like this should have happened weeks and months ago. that's not the president's gut instincts. he's much more trying to reach across the isle in the bipartisan deal making. he's on the attack now. he and his team can read poll numbers. he's not doing great. economic boost today was very mix. more than anything, they know his political fortunes and democrats, sure it's about his education of getting the rest of the build back better bill, his number will continue to fall even if it's not his fault. he said that. the bucks stop with him. >> cynthia, back to your experience and this disgusting shooting of the school shooting in oxford, michigan. maybe we should have taken a hint when the parents appeared at their son's first court appearance on zoom from the front seat of their car, they are on the loose tonight. there is a look out for them, the feds have posted a $10,000 reward. what do you make of this case, it's obviously unique. it's obviously tragic including not limiting the behaviors and comments of the prosecutors. >> well, i think the parents will be arrested very soon. they'll be held in jail pending trial >> now they established they are flight risk. the fbi will find them and the marshals will find them. the evidence is pretty compelling that that were recklessly and different to the fact that their child is in crisis. it appears that my dog may know them outside. >> it's okay. >> their son was in crisis and they gave him a gun for christmas early and after that black friday sale and they were cavaliered about the fact that he was looking for ammunition and writing these notes and four children are outrageous. it could be a difficult case at trial because you are going to have a jury who's going to make a decision whether or not that was reckless on their part. it's not the prosecuprosecutors? this is necessarily means every juror will feel the same way. >> jonathan, susan and cynthia and cynthia's dog. thank you for starting off or conversation. >> she's about to get her mom back. >> coming up for us, what if we had a way to stop covid but didn't try it? >> one of our front line doctors says that's what is happening as icus in his state are filling backup. he'll bring us the report. later is our fund discrimination fundamentally democracy? >> really on the ropes. >> all of it as "the 11th hour" is just getting underway on this friday night, christmas time approaching. friday night, christmas time approaching. you don't get much time for yourself. so when you do, make it count with crest pro-health. it protects the 8 areas dentists check for a healthier mouth. the #1 toothpaste brand in america. crest. this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. once it gets in there, it will be spreading no matter what you do to keep people out or not. that's the way viruses work. we saw it happening with delta, i do hope that omicron does not have that kind of advantage particularly if it turns out to be serious. >> dr. fauci today on where we all had it. the first case confirmed in the u.s. and in two days, we are up to 11 states and tomorrow there will be more. it's spreading as hospitals are dealing with let's not forget cases of the last current variant of concern, delta. back with us again in the closing minute of his birthday night is dr. steven in jasper, indiana, school of medicine. you tweeted this yesterday and it reads in part oh the crowd sourcing for icu beds on facebook time of the year has started backup. yeah. it's incredible that we are seeing this. what are you seeing now and where you work and importantly how does right now compare with the battle days, the absolutely height of the pandemic. >> good evening, brian, it's good to talk to you again. we are kind of back to where we were in august. august coming into september. we are ramping up rapidly, cases in the end are up 50% the last couple of weeks and hospitalizations are up. everything is going back and up. i am on facebook like most of my generation. physicians have groups, we congregate by interests. one of the reoccurring theme is the physician who comes online and says hey, i am you know x, y, z, i have got a patient that's intebuated. some of your viewer wills remember daniel wilkinson. we crowd source to bed for him. he were just too late and he survived two wars but died from gald stones. we are back to that point again. >> i have al graphic where our country stands right now as of tonight. >> 70.7% of all americans received at least one dose. under 60% seen themselves as fully vaccinated and 20% received the booster dose. i know i have asked you this question and various forms before but is the death toll and the shortage of icu beds in your state likely to change the minds of hoosiers? >> i was talking to your producer about this, i just don't know how we cross that bridge and change these minds. what's happening and what i am seeing personally is people having their minds changed one at a time. people come to me in their 40s and 50s and they are sucking wind. >> you watch someone struggles for air is one of the scariest thing. people asking me several times, can i get the vaccine now, no, brother, it's too late. a lot of people realizing one at a time if they get sick or their mom get sick, they gamble their help and it takes them getting touched by it before they change their behavior. most of us are being held hostage and 30% of us who'll just not get to the program. >> this whole conversation is about the delta variant. it's about the existing illness of your country. the next i am going to read is from omicron. when asked about the extraordinary numbers of children being admitted in the hospital, she suspected there may be a quote, immunity gap and that the lack of vaccination of children may account for the numbers. i am assuming in your line of work you find such a thing possible, plausible, understandable? >> for sure, we are looking at africa which unfortunately their rate of vaccinations are on the of 10% as supposed to our 60% or so in the state. we do worry about the kids but we know how to do this. it may be that we find that omicron affects kids more often and they get sick at a higher rate, we have to do this the same way, we have to build a protective bubble around our kids, we have to be vaccinated around them. they are big brothers and sisters that get qualified to get vaccinated need to get vaccinated. nothing has changed. this is just we are talking about the fine points of transmissibility and variance. in the en, we know how to do this. we have to hold the line. >> dr. stephen sample, wishing you a happy birthday, continue to salute the work you do. thank you very much for coming on and taking our questions. >> coming up, so many times this past few years, another consequential week with an actual historian. historian my hygienist cleans with a round head. so does my oral-b my hygienist personalizes my cleaning. so does my oral-b oral-b delivers the wow of a professional clean feel every day. the east end. they were taken into custody of the first floor of what police are calling a residential structure. this is all in connection of the school shooting, four students were killed and others were hurt. the suspect is charged as an adult with four counts of first degree murder and one count of terrorism and seven counts of assault and 12-count possession of a firearm. the parents of the teenager have been apprehended in detroit in michigan. they are being charged of four counts of involuntary man slaughter. they now have been discovered in a manhunt. they have been apprehended by police in detroit. jennifer and james crumbly are now in police custody. we'll bring you more updates as we get them. ing you more update we get them. three new conservative justice in the past four years, two of of our friends are back with us tonight, don calloway, democratic strategist and susan del persio. susan, this is a lay up shot for you. let me put it this way. who will thinks a party that was clowned in putting brett kavanaugh and barrett on the courts that still acts that mcconnell is in charge of the filibuster, it's going to gather the guts somehow packed or altered in any way the supreme court. >> now that i hear this in urgency for senate democrats, they'll make their anger known and do absolutely nothing because there is nothing they can do. that sentence beginning of that washington post piece could have gone to anything. whether it's voting rights or police reform or gun safety reform. it's critical that the democrats now taking on the fights they can win. they have to stop saying we want to break the filibuster or change it this way because they're not doing it and they're just remining the public right now how dysfunctional things are. i want democrats to stay in control because they are governing and they believe in democracy. they have to stop wanting to face defeat and look for victories. >> don calloway, if the court overturns roe, the law of the land foreclose to half a century, in your view, what happens to america? >> middle class people will still have access to prenatal care. poor people, people from marginalized communities will be under going threats to their reproductive safety to their health and all types of stuff. folks who want to get abortion will still be able to get abortion. they will be cut-off from a broad variety of maternal health services and sexual health and reproduction services and the gap with people between access to resources and without access continue to broaden in this country. >> susan, i got something for you, listen to this exchange with mccarthy today. >> marjorie taylor greene and bobert distraction to win back the majority next year? >> it's things that we don't want to deal with. it's things that the american people want to focus on. stopping inflation, gas prices and others and everything that deviates from that cause a problem. >> wow. susan, that's as close as he come to party discipline in a long time. could he have seen so -- >> he probably has. let's not forget he's still not willing to condemn those members for their behavior. because he was aware of what happened in 2016 and said the truth that the benghazi hearing was meant to hurt hillary clinton. that caused him a lot. he's willing to say whatever he can to please whoever he has to at the time. >> don calloway, i got something for you. here is congresswoman bobert on news max. i want to make the priority to thank the million of americans who have shown their love and support over the last few days. i have received positive calls and e-mails and letters and they meant the world to me. i received a couple of calls from president trump, i want to say thank you everyone, it meant so much to me. >> don, how nice is a former president takes the time to call a freshman member of congress to say in effect i got your back and i will have your back on islam-phobia. >> that is what they do. i can't imagine that could be a good use of my time. particulary knowing and this is what the partisan house has come to. a growing section of a whole lot of votes in our two-party system. >> do any of our viewers who fear that don's sweatshirt has a misspelling on it, it testimonies you you have not been to southeast kansas. i live happily in joplinjoplin, missouri over the border. don is kind enough and smart enough to have done his research and purchased another sweatshirt which i am on the hook. it's hard to find friends like these and hang out with you on a friday night and pass along such kindness, friends, thank you both. don, i am onto you. coming up for us, john adams once wrote. democracy never lasts long. it soon wastes, exhausts and murders itself. there is still a chance for survival, she's with us next. a survival, she's with us next [♪♪] did you know, you no longer need to visit a dermatologist to get access to top skincare ingredients? 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[♪♪] looking to repair dry, damaged hair without weighing it down? try pantene daily moisture renewal conditioner. its color-safe formula uses smart conditioners to micro-target damage helping to repair hair without weighing it down. try pantene. we have to be aggressive in realizing that democracy is not a given state of affairs. it's not a natural state of affairs, we could lose our democracy as we could keep it. >> that warning from the capable voting rights attorney, busy man as well. next week the president will lead a summit for democracy with world leaders. there is a thought. as the new yorkers point out -- back with us tonight, doris kearns. as you doris, we call this broadcast "the 11th hour," here is the question, if democracy runs out of midnight, where do you reckon the clock is right about now? >> i think what history can tell us the clock is not as close to running out in 1961, when the civil war was about to begin that would kill 600,000 people. maybe not as close as it was in 1940 when hitler conquered all of western europe and dictator ships on the rise compares to democracy. it's as close to midnight as anything i have seen in my lifetime. the only answer to it is that democracy is a system that depens on people choosing their own governor, the fight that is to be the central fight. without that and the state legislatures being able to overturn the counting of the elections undoes the peaceful transition of democracy which has been the hallmark then i think we are in trouble. it's a fight that can be fought and has to be fought. >> when you are writing the biography, it's a kin living with them. they surround you, you immerse yourself in their lives and thoughts. what being the case of the president you have where you know -- written about. what kind of advise? >> the first thing old abraham lincoln would say is public sentiment has more power. that means you have to educate the public about why voting rights is not a partisan battle. lbj would contribute to that by saying as he did in selma with the joint session of congress speech of the right to vote not a southern rights or states rights. it's absolutely wrong to deny your fellow americans the right to vote. you got to create the public sentiment. that's an important thing to recognize even as we recognize those who have suppressed it. it's the fight of our lifetime in my judgment. you have got to create public sentiment. not letting them come without sleeping until they figure out what to do with the filibuster. the right to vote and get before the people. if it gets before the people in congress it will passed. >> let me take your point on educating the republicans, ask you how we get younger voters as older folks do to care at the thought of mere mentioned that it may go south. >> there was a recent poll where younger voters are recognizing democracy are in trouble. a percentage of them don't worry that's a mark of america. somehow people who lived as we have through much more troubling times may recognize where we are right now and younger people have not experienced that. so it's a matter of teaching them in school and a matter of the old civic thing that we old peek talk about. it's a matter of all of us on social media talking about something that seems obstract. we got to dependant on it. we got older folks and we got to dependant on them. >> doris, thank you, when we come back, more on our democracy if we can keep it when we come back. d emocracy if we can keep it when we come back the season to brea adition i. don't just put on a light show—be the light show. make your nights anything but silent. and ride in a sleigh that really slays. because in a cadillac, tradition is yours to define. so visit a cadillac showroom, and start celebrating today. ♪ ♪ our doris kearns, we look back, you were with us on day 101 of the biden administration. you made the point, you compared the aspirations of the new president and his administration to those of lbj when he took over after jfk was assassinated and you talked about how narrow of a window presidents have. how is it looking for president biden? >> it's important to recognize that this weeks and months ahead is critical. going back to lyndon johnson, he won by 15 million votes. he told his staff you better get your --off the ground and get my bills through. what happened in those nine months? he got everything in the great society through including voting rights and the democrats in the next midterm elections lost a lot of seats and the escalation of the war and the backlash of civil rights mept that was the high tide of liberalism. this is the time that president biden has to get his legislation through even if you don't know what's going to happen in the midterms. it closed for fdr, he knew that when he put that first on emergency session of congress into play to deal with the banking crisis, he saw momentum is here, i better keep it going. so time of the essence and it has to happen now. >> may i just say to you that to be able to talk to you about history as all of us who love it. we'll sorely miss putting daily events. >> i can take you into a place of my house where you can see nothing but your books on a certain coveted section of the shelves go without saying long time fans, what a treat to have regular conversations with you on the air for the better part of 40 years will remain friends and i will see you down the road and i will read whatever you write. >> thank you so much. >> doris and i are as they say old enough to remember being taught in school that canadians are our friendly neighbors to the north. while tonight i want to offer you proof of that when we come right back. o offer you proof of that when we come right back if you are watching canadian tv, there is only one brian williams as it should be and that would be beloved sports caster, he's worked for tsn and brian has covered it all. to call him the bob costas of our neighbor to the north, is not enough. he covered all sporlts from horse racing to major league baseball and has the awards. he's the recipient of the order of canada. because this is the season for all those named brian williams to make major life decisions, canada, brian williams, announced he's retiring after 50 years in television. as i never miss a chance to remind him he's been doing this way longer than i have. in fact, here is an early gem of young brian wearing head phones and what appears to be the carcass of a live bear. >> hello everyone, i am brian williams and welcome to the 1975 canadian college football championship. >> the two of us were aware of each other and had corresponded but never met until i arrived at his turf, 11 years ago then. >> when we met, we sure milk it for the camera. >> brian? >> brian. >> brian williams. >> brian williams. >> good to see you. now, would you come up to our studio? >> i would love to see how -- >> i would like to see you introduce our primetime show. >> i want to show you. >> i have seen your shot from here. >> i am usually here alone when there is two. >> why don't you sit down here? it would be an honor here. and welcome back to continuing coverage with brian williams. i am brian williams sitting in for brian williams tonight. >> one thing you got to do is get the time. i can't give the time because we are taping this in broad daylight. >> as we wrap up from all of us in vancouver, i am brian williams. >> and i am brian williams. >> from both of us, good night from vancouver. >> great job. >> to all my fellow americans, if you know one thing about canadian brian williams, know what an incredibly nice and humble man he is and how lucky his grand kids are. congratulations to our friendly neighbor to the north on a life well lived and for 50 years on the job. that's our humble broadcast for this friday night and for this week. it comes with our thanks for being here with us, have a good weekend. be safe out there, behalf of all of our colleagues on the network of nbc news, good night. leaguesk of nbc news, good night. i miss her smile and her laughter. i miss everything about her. >> it's more difficult to speak in public about it now. >> reporter: the news swept the nation when she vanished, laci peterson, the beaming young mom-to-be. >> please, please let her come home to us! >> reporter: prosecutors speak out in an in-depth television interview. >> you put so much of your life into it, it stays with you. >> reporter: laci's husband finally hear the story h