Transcripts For MSNBC Jose Diaz-Balart Reports 20240709 : co

Transcripts For MSNBC Jose Diaz-Balart Reports 20240709



country? and americans are far from alone in this nightmarish deja vu. european countries are enacting new restrictions, canceling events, even in some cases, putting residents back into lockdown. all of this creating turmoil on wall street, where the markets are seeing big losses already this morning. there is some good news, moderna says its vaccine booster shot provides increased protection against the omicron variant. and in other news this morning, democrats plotting their next steps after west virginia senator joe manchin may have dealt a fatal blow to their huge bill, aimed at reshaping the social safety net and fighting climate change. plus, any minute now, closing arguments will get underway in the trial of former minnesota police officer who shot and killed a young black man during a traffic stop. we will take you inside the courtroom when those arguments begin. but we start with that record-breaking wave of coronavirus. let's start with that record-breaking wave of coronavirus infections, fueled by the omicron variant and projected to only get worse in the coming weeks. three lawmakers announcing breakthrough infections this weekend, senators cory booker and elizabeth warren as well as congressman jason crow. with the rising cases comes the demand for testing. across the u.s., including here in new york, people are standing in line for hours sometimes, waiting for covid tests. home tests, almost impossible to come by. joining me now with the latest, nbc news correspondent kerry sanders, msnbc anchor, lindsey reiser in new york city. yamiche alcindor, white house correspondent for the pbs "newshour," as well as moderator of washington week on pbs. she is also an msnbc political analyst and will be joining us here at nbc news next year. dr. peter hotez is co-director for the center of vaccine development at texas children's hospital, and dean of the national school of tropical medicine at baylor college of medicine. what a busy morning for covid news. kerry, let's start with those long lines. pharmacies, i know here in new york, there are signs everywhere saying, sorry, we're out of tests. what's going on? >> that's a problem at pharmacies across the country. it's set up for supply and demand and it looks like the manufacturers had it all figured out, recognizing that it was heading into the holidays, but then you had the variable of the omicron variant, spreading so quickly, people rushing to get their home tests, cleaning out the shelves, trying to get the supplies back in is not going to happen fast enough. and so the alternate plan, of course, is to go get tested at a facility like the one i'm at right now. you can take a look at the drone video that we have here. this is a very long line. thing are running smoothly here in part because this one is running 24/7. all of this is driven by the fact that people this week are making plans to see loved ones for the christmas holiday, and they don't want to be the one that shows up with an unwanted present, bringing coronavirus. and so they're trying to do the right thing and get tested. and then get those results back before they maybe get in the car and go to a house or more importantly, get in an airplane and start that travel and start spreading the omicron variant, which, of course, has been the greatest concern about how quickly this is spreading. there are three tests that the fda this morning says that if you have them, they do not detect omicron, don't use them. these are the tests. we'll put them on the screen for you. i'll read them slowly, giving you an opportunity to run to your bathroom if you have the box there or maybe if you have them somewhere in the house. these are the ones you do not want to use. the applied dna sciences, the meridian bioscience, and tide laboratories. those are the tests that, again, do not detect omicron. the fda says there are better ones to use. of course, the real challenge, chris, is finding those home tests, because they're mostly sold out. >> yeah. so dr. hotez, getting tested has proved challenging. i saw long lines all over the weekend here in new york. the mayor here, bill de blasio, says the white house should invoke the defense production act to help provide a larger number of at-home tests. he wants monoclonal antibody treatments stepped up. he also said the biden administration should fast track approval of an anti-viral pill from pfizer. what do you think are the steps that can be taken right now, knowing that christmas is just, what, five days away. there's only so much that you can do between now and christmas day. >> yeah, well, chris, first of all, it's incredibly disappointing that we still don't have -- haven't figured out at-home testing. the manufacturers knew that there was going to be a big surge, even from delta alone, because we were all predicting a pretty big delta wave. there's really no excuse for having this kind of situation, where we still have long lines. it's like we've learned nothing over the last two years. and that's -- that's pretty disappointing. the monoclonal antibodies, some of them are not working against the omicron variant. and so there are monoclonals and there are monoclonals, and we have to be mindful of that, as well. some of the monoclonals, most of them are directed against the spike protein and the omicron spike protein has so many mutations in it that some of the monoclonals won't work. we may even have to revisit convalescent antibody again and see if that offers any benefits. and the mayor is right, we need to accelerate that pfizer drug. that's going to be really imperative. and here's the other piece that i think not enough of us are talking about. which is, this is really a one, two, three punch epidemic right now. because we've got delta still. delta is still in play. omicron's accelerating, but the third piece is we're seeing a lot of breakthrough infections among hospital workers, among health care providers. not even some who have gotten the third immunization, not that they're getting very sick enough to go to the hospital, but enough to knock them out of the health care workforce. that's going to be our weakest link right now, we'll see this surge due to combination of delta and omicron on our hospitals, and lots of now absence in the health care workforce, on top of an already-depleted health care workforce. and that's where things could go wrong very quickly. and i know the president is speaking on tuesday, tomorrow. i hope that's the major point that he addresses, because there are some innovative things that we can do, but we've got to make that a priority of keeping our health care heroes in the workforce. >> i mean, obviously, and you and i have talked about this for a while now, the concern about the diminishing number of people in an already overstressed health care system. there are a lot of other areas where people have to go to work. not everybody can work from home. and the question i keep getting, so i'll ask it to you. i personally know people fully vaccinated, meaning also boostered, who have gotten these breakthrough infections, and they're saying, how, why? i never leave my house without keeping my mask on. i've been very limited in the number of places i'm going, and yet i still find myself infected. do we know the answer to that? >> i think we do. first of all, omicron has a level of transmissibility that's really up there among the most transmissible respiratory viruses we have, maybe almost as high as measles. clearly, more so than delta. so, you know, what that means is the virus can linger potentially in the atmosphere in places. and that may have something to do with it. the second piece is even though there's no question that the boosters offer a lot of benefit, they give you a 30, 40-fold rise in virus-neutralizing antibody, and do a very good job at still keeping you out of the hospital or icu, and what we're seeing is when you're two or three months out after your booster, so after you got your third dose, if you got it two or three months ago, there's a pretty steep decline against symptomatic infection. and that's data that's data out of imperial college london -- >> so do you go get another booster? >> well, so that's one of the things that we have to hear from the white house. is there going to be any benefit from getting a second booster and how you message that, when we're still trying to -- we still can't even get most people to get their third immunization. i think for the health care workforce, and i've written about this in the "los angeles times" over the weekend, for the health care workforce, i think we should consider offering them a second booster if they're a couple of months out from their last one, at least for the pfizer biontech vaccine. >> so yamiche, to that point about who has to work. if you're in an entertainment business, in a hospitality business, in a restaurant, one person tests positive, the next thing you know, the restaurant has to shut down, because everybody has been in close proximity and working together. that puts a strain obviously on people's ability to pay their bills. the independent restaurant coalition, for example, is already asking congress to replenish the restaurant revitalization fund. so i'm curious what you're hearing from officials at the white house, what kinds of conversations are they having, if any, about the possibility of more economic relief. is that part of what we might hear from the president tomorrow? >> there's the pandemic and the omicron variant that's multiplying, the delta variant that's continuing to spread. and of course, you have joe manchin and this argument over aid to americans in the build back better plan. when you talk about the first one, this is the covid and the pandemic, the white house has already said that this is their number one priority. they said the only way out of this pandemic, and really toward economic prosperity is toward -- is through going through this pandemic and getting people healthy. the president, as dr. hotez said, is going to be giving remarks tomorrow on the pandemic. we can expect to hear the president, urge people again to get vaccinated, but i also am hearing that the president is going to be a little bit of tough love. he said already this is going to be a severe winter. he said multiple times that this is a pandemic of the unvaccinated, because the people who are dying and hospitalized, they're disproportionately people who are unvaccinated. the biggest challenge, though, for this white house is that this is a pandemic that is also polarized politically. the people who need to hear most the message of getting vaccinated, of getting boosted, they are people who likely have political differences with the president. you're more likely, of course, to not be vaccinated if you're a republican. so president biden really has to in some ways strategize about how to cut through that. this testing issue is also really big. i know so many people who have been struggling to get at-home tests, who have been struggling to sit in lines for hours to get tested. this cannot be the way this goes forward. and you have to add the democrats and them arguing over the build back better plan, the president feeling betrayed, frankly, by senator joe manchin. the white house put out a statement yesterday that was lengthy and biting say that this was a reversal, a sudden reversal by senator manchin. also saying that this was a break in commitment, not only to the president, but also to his colleagues in the senate. so you have here a president biden who has to really navigate all of these challenges and part of navigating covid is also, as you said, getting relief to people and getting his party on the same page. >> so quite a few things going on there. and we messagesmentioned this a top, lindsey. so many decisions so many people have to make. for most schools, kids were going to go out on holiday break, at least through the end of this week, certainly through the beginning of january. having said that, there are a lot of decisions that have to be made by administrators, and right now, how are new york city officials responding to this new wave? >> well, chris, we are outside of a school. we'll get to that in a minute, but we're also outside a covid testing van. that's why you see so many people behind me. take a look at the line. people have been waiting since before 6:30 this morning. you can see people jumping around in line, because it is freezing out here. they're trying to stay warm. but in terms of the schools' issue, mayor bill de blasio says he does not want to shut down the public school system. i spoke to the head of the union, the head of the teacher's union here. he says they also don't want to go remote, but they need to see quicker testing in the schools. right now, they're seeing a turnaround time that's way too long, in terms of possible exposure. i talked to a couple of parents this morning. let's listen to what they told me. all right. it doesn't sound like we have that, but basically, a lot of parents are in line because their own kids in school have had classmates who have been exposed. they're frustrated with the long testing lines, as well. they also don't want to see their kids going remote either, because they're still seeing some effects from last year, chris. >> yeah, you've got young kids, are you going to go wait in line for two or three hours and then you're going to get tested and not getting the results by the time you need them, so much can change between now and then. lindsey reiser, yamiche alcindor, kerry sanders, thank you. this recent surge in covid cases leaves parents with a difficult question. could students soon return to remote learning? the cdc is trying to keep kids in the classroom with this new test-to-stay strategy that will allow unvaccinated students to come to school, even if they've been exposed to covid. with more, i'm joined by michael carner, regional superintendent of schools in lake county, illinois, one of the counties the cdc studied in order to recommend this new plan. thank you so much more being with us. walk us through how this plan has been working in your district. >> sure. so i oversee about 45 public schools in lake county, which points to about 3,500 students. back in july, when the illinois department of public health and cdc came out with their guidance, our lake county health department, led by mark pfister and his team, came up with a plan so we could be progressive to ensure that this year, we kept kids in school. so we developed a test-to-stay program. and what happens with that is, when there is a covid-19 confirmed case and a close contact and then the students were, you know, social distanced and also wearing their masks, variable test-to-stay on days one, three, five, and seven. so what that allowed us to do in our school districts is to have all of our students stay in more. we found that there's only been a 2% conversion rate in the schools, so that means that transmission has not been high. and we've also been able to keep thousands of kids in schools and have that seat time, you know, compared to being remote. >> and what's your confidence level, given omicron, and also the things that you've learned over these past couple of months, and past couple of years, that informs how you're going to move forward next year, starting in january? >> sure, obviously, i know all school leaders are worried, parents, everybody, i'm a parent and i have two children myself. obviously, the worry is real, but can i tell you, from what we've realized these past six months is in lake county, our school districts, what their nurses, administrators, along with lake county health department have done an amazing job keeping all of our kids in school. we've only had two adaptive clauses, meaning two schools, one on remote for two days. so we've been able to keep them in school. and i believe with the testing that illinois has been able to provide us and also the resources by the federal government will be able to continue to keep our schools open and keep them safe for students. >> so, dr. hotez, big picture here. whether it's sending your kid to school, whether it's taking them to see grandma over christmas. whether you're making your own decisions. what are the things that you would tell people to look at when they're deciding how to live their lives in this period where we all know that the likelihood is the number of infections is going to go up, the number of hospitalizations, even deaths, potentially, could be moving in the wrong direction. >> well, i think it's important, chris, to keep in mind that omicron is a bit of a game changer, given that it's significantly higher transmissibility, compared with the delta variant, which in turn is significantly higher compared to alpha, which in turn, is significantly higher compared to the original lineage. so this is something as transmissible as measles, potentially, or getting up there, so we have to be extremely mindful. so among the -- so the potential silver lining right now is the schools are going to go on break for the next few weeks, and hopefully when it's time for the kids to come back, will be on the downslope of this omicron surge. i can't promise that. i don't know that for certain, but that is one possible scenario, which would be really terrific. so i can't think of a better time right now to have this winter break. but the other, a couple of other things to keep in mind, who's in the home, who are you visiting? and what i mean by that is, if you're visiting someone who's immunocompromised or if you have someone who's immunocompromised in the home, that might not respond as well to the vaccine, give that some consideration. those with underlying conditions. and scale back your plans in terms of ambition. try to avoid huge crowds, if possible. >> dr. peter hotez, michael carner, both of you working in professions that have been so challenging over these last couple of years, and now moving forward. another major challenge. thanks to both of you. we really appreciate the work you do and taking the time to talk to us. still ahead, the white house goes after senator joe manchin, after he tanks the build back better plan. we're live on capitol hill. and in manchin's home state of west virginia. plus, we're keeping our eye on that courtroom in minneapolis where very soon, we're expecting closing arguments in the kim potter trial to gip. we will take you there live. you're watching msnbc reports. i. you're watching msnbc reports. ever notice how stiff clothes can feel rough on your skin? it's because they rub against you creating friction. and your clothes rub against you all day. for softer clothes that are gentle on your skin, try downy free & gentle. just pour into the rinse dispenser and downy will soften your clothes without 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was just 20 years, he had a baby boy of his own. and that's why we're here today. we're here because the defendant, kimberly potter, a 26 year veteran of the brooklyn center police department pulled the wrong weapon and shot and killed daunte wright. and at the heart of it, this case is very simple, members of the jury. it's a case about the defendant's reckless handling of her firearm and it's about her culpable negligence. it's about what she did on april 11th. she drew a deadly weapon, she aimed it, she pointed it at daunte wright's chest, and she fired. now, the defense will tell you that daunte wright is somehow to blame in causing his own death. but make no mistake, we're here because of the defendant's actions, not daunte wright's. she knew she had a loaded gun on her duty belt, a gun that she carried every single day on the job. she carried it on the right side every day, for 26 years. and that's the weapon she used. that's the weapon she drew. that's the weapon she pointed. and that's the weapon she fired. members of the jury, that's culpable negligence and that's reckless handling of a firearm, resulting in death. this case is about the defendant's rash and reckless conduct. it's not about her being a nice person or a good person. even nice people have to obey the law. it's not about the smell of marijuana. it's not about a gross misdemeanor warrant. it's not about an order for protection. and it's certainly not about anyone being dragged. no one was dragged. no one was almost dragged. and how do you know that? well, you know that from what the defendant said herself on april 11th. you know from her own reaction to what she had done and from what she told you in court. what this case is really about is about an officer who mishandled her firearm. that's why we're here. and even if you take the defendant's word for it, she admits that that's what she did. she told you in court she knew it was wrong and she knew from the very beginning, from the things that she said. she was no rookie. it wasn't her first day on the job. she was an fto, a field training officer. she had 26 years of experience on the street. every year, for 26 years, she was trained on how to use her gun and how to use it safely. and every year, for 26 years, she was trained on use of force. and every year for 19 years, she was trained on using her taser and using that properly. every year, she saw the powerpoints. every year, she was told about the risk of weapon confusion. and that pulling a gun instead of a taser could kill somebody. every year, she signed the paperwork acknowledging the risks. and all of that training and all of that experience shows that she shouldn't have done what she did. all of that training and all of that experience shows that she was aware of the risks associated with her weapons. she was aware of all kinds of risks. the risk of incapacitaing a driver behind the wheel. the risk of collateral injuries. and the risk of drawing and firing a gun instead of a taser. and her conduct and her choices on april 11th show that she disregarded all of those risks. now, let's talk about what happened on april 11th and what she did. and the videos show exactly what happened and what she did. this traffic stop on april 11th was nothing out of the ordinary. so ordinary, in fact, that the defendant told you herself that she wouldn't have even stopped this car. she wouldn't have even stopped daunte wright if she had been alone. for the air freshener and the expired tags. but they did. she and officer lucky pulled this car over. and the defendant had initially observed the interaction between officer lucky and daunte wright, when he first approached, she was hanging out toward the back. she told you, it appeared to be a fine conversation. officer lucky wasn't in any distress. and then in the squad car, they learn about this ex parte order for protection and a gross misdemeanor warrant. and sergeant johnson shows up and they decide to arrest daunte wright on that misdemeanor warrant. daunte wright was unarmed. he had no gun. he had no weapon. and he posed no threat to those officers. >> we're going to keep listening into this, but in the meantime, let's go to nbc's shaq brewster, who has been covering this throughout and is live from outside the courthouse in minneapolis. and david henderson, former prosecutor and civil rights attorney. david, let's start with what we're hearing so far. she said a couple of times, 26-year veteran, that she wouldn't even have stopped the car. clearly trying to drive home the point, this is someone who, for lack of a better phrase, should have known better. >> yeah, chris, that's right. the problem that they have with the argument that she's making is, it's not addressing what they actually have to prove to get a conviction. thus far in this trial, i haven't heard anything that goes directly to the point that the prosecution has to meet two barriers in this case. first, they have to prove that she acted consciously. second, they have to prove that the amount of force she used was unreasonable under the circumstances and they have yet to demonstrate to the jury why they should convict on the basis of her behaving consciously. and that doesn't even deal with the second problem we have to overcome. >> so what would they have had to be able to argue to reach that level, david? >> you know, i'm stuck on this case. i've got to level with you, because my mind and my heart have never been further apart. i've got no love from kim potter and what she did here. that was especially true after her testimony. but from the beginning, reviewing this evidence, i don't see anything they can rely on to prove that she behaved consciously, because they have acknowledged that she made a mistake in wrongfully drawing her taser instead of her gun. >> so, shaq, let me -- i know that you obviously have been covering this throughout, you've been in touch with lawyers. what should we expect to hear today? and on both sides, what do we see as the heart of their case. >> i think you're hearing that from the prosecution right now, as they try to lay it out in saying that this is a 26-year veteran of the police force. she should have known the fundamental difference, they say, between a gun and a taser. you heard the judge, right before these closing arguments begin, she went through those jury instructions. nearly a dozen pages, instructing the jurors on what the law is and how to apply the law in this case. and one point that you can bet the prosecution will hit on is the idea that they don't have to prove intent here. you mentioned, we heard from david there, his concerns about the elements that they did not prove in this case, or that he feels they did not prove in this case, but the prosecution is going to try to say that because she drew her weapon, even the drawing of her taser, they believe that was reckless and they believe that showed negligence. that is what they have been painting throughout this trial. you'll then have the defense come up and hear them say that this was a clear mistake. you heard that from the opening statements, you heard that from kim potter when she took the stand herself, that she did not intend to cause this harm, that she was justified in her use of force, despite it being a mistaken use of force. you hear them highlight the witness and testimony that they brought up, including the former police chief of the brooklyn center police department, who said that one of the reasons that why he resigned, why he's a former police chief is because he pushed back on the idea of firing her because he saw no violation in law and no violation in policy. that is what jurors are going to hear, two fundamentally different interpretations of the law, but then later this afternoon, when they get this case, it will be up to them to determine which one they want to believe. >> and we often saw something we often don't see in cases like this, which is the defendant taking the stand. let's play a little bit of what we heard from kim potter earlier in the week. >> from the reaction on your video, you didn't plan to use deadly force that day, did you? >> no. >> you didn't want to use deadly force, did you? >> objection -- >> the -- the objection is overruled. >> no, i -- no. >> because you knew that deadly force was unreasonable and unwarranted in those circumstances? >> i didn't want to hurt anybody. >> david henderson, they've been instructed, just before the closing arguments began, about what they have to look for, what would constitute a guilty verdict. having said that, you cannot remove emotion and you can certainly not remove when a defendant takes the stand. what's your thought about that impact of kim potter and her display of emotion on the stand? >> this is a perfect example of why i said earlier that my mind and my heart could not be further apart on this case. i'm smart enough to know that anytime a defendant expresses remorse in a trial where they're accused of an unintentional killing, it matters to the jury. the jury will be persuaded by those tears. at the same time, my heart tells me, i have never been more deeply offended listening to the testimony of a defendant than i was listening to kim potter's. she admitted that they racially profiled daunte wright. she didn't use those words, but she came as close to saying that as she's ever going to come. she admitted that she had the ability to put a stop to what was happening and she didn't. she admitted that she wrongfully killed him, and after she shot him, she collapsed to the ground crying over what the consequences might be for her. and she monopolized all the first responders standing nearby her, who could have tried to render aid, because as far as she knew, he needed help and so did his passenger, and he could have been saved. despite all of that, my mind steps back in and reminds me that the law was engineered to protect her under a circumstance like this and based on what we've heard up to this point, if the jury critically reads the law and follows it, she's likel. >> thanks to both of you. we'll keep you updated throughout the day on this. but still ahead, what's next for the white house and senator joe manchin, after she dashes the hopes for a build back better plan. you're watching msnbc reports. better plan. you're watching msnbc reports. the snapshot app from progressive rewards you for driving safe and driving less. okay, what message did you hear this time? safe drivers can save using snapshot? -what's snapshot? -what the commercial was about. -i tune commercials out. -me too. they're always like blah, blah blah. tell me about it. i'm going to a silent retreat next weekend. my niece got kicked out of one of those. -for talking? -grand larceny. how about we get back to the savings? 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>> reporter: chris, there is no question that this is a devastating blow to the centerpiece of president biden's agenda, but whether it's a fatal blow remains to be see and just in the last hour or so, senator manchin has given an interview to a local west virginia radio station where he reiterated his opposition to the build back better act, concerns about inflation, concerns about debt. and this gets to the core of it. he said in his words here that the build back better act, as passed by the house, is still the same $6 trillion bill that senator bernie sanders wanted just with new time elements. in other words, he is zeroing in on the fact that these expiring provisions, which are set to lapse over one or two or three years as a way to lower the sticker price, that is the core of his beef with this bill and that will be very difficult to fix. in these remarks, in what joe manchin told fox news yesterday, democrats saw an opening, a narrow opening, but still an opening to salvage this bill, which is basically that you shrink it to several programs, maybe two or three or four programs that are going for the full ten years, and that don't expire early and that are financed for the full ten years. that seems to resolve the concerns that senator joe manchin is putting up. yesterday, look, i asked a source familiar with manchin's comments where he is on this bill, whether it can be saved. let's put the response up on the screen. i think this is instructive. this source says that build back better is dead right now. now, as for whether it can be revived, the source said it is possible, but they are far from that, given the statements from the white house and from other democrats. manchin, people close to manchin were certainly taken aback by the fact that numerous democrats, including the white house were questioning his character, questioning his commitment to his word. that doesn't sit well with him. if they need -- if they're going to piece this back together, they're going to have to find a way to meet his demand on sunset. so far, they've been talking past each other. this has been a huge, huge failure of communication between democratic leaders and senator manchin. the white house clearly believes that he suddenly, abruptly changed position and he's going back on his word. and manchinargued, as he did in this west virginia radio interview, that he has been clear all along, that he doesn't want these expiring provisions to get in the way of a bill that is fully paid for, chris. >> julie, west virginia, we know, is one of the poorest states in the nation, also one of the reddest. donald trump beat joe biden by close to 40 points last year. so when senator bernie sanders and other democrats say, look, senator manchin is going to have to explain to his constituents in west virginia why he has not given them all of these things that the democrats believe will help some of the poorest in our country, i mean, you wonder, is that really the case? what are you hearing on the ground there? >> yeah, it's a good question, chris. and i want to remind you that senator bernie sanders back in october also put an op-ed in manchin's hometown paper. i'm holding one right here, the charleston gazette, where he basically tried to pressure senator joe manchin into voting for this build back better piece of legislation. obviously, that didn't work. and i heard from source even before i got down here last night, that said that senator bernie sanders' comments, progressive's comments aren't going to move the needle. senator joe manchin's approval ratings have been growing here in the last couple of years, and it's because of the political makeup here. i'm in charleston, west virginia, it's the capital of a state that has less than 2 million people in it. but i spoke to some folks on the ground today, and they're on pretty opposite sides of the pages. it's being moving more towards this redder landscape. as you said, more people voted for trump dramatically than biden, but let's take a listen to what wes cogger told me. he didn't believe that build back better should be anywhere close to getting across the finish line. take a listen. >> we're already rocking what, $3.40 in gas, so, i mean -- i can barely put gas in my car now as it is. soy mean, anything -- any other drastic steps that would alter west virginia at all right now is just -- it's kind of scary. i can see why joe would be skeptical to do it. >> reporter: yeah, and people like wes, chris, are scared. he works multiple jobs. he told me he depends on the price of lumber being low so he can make the best bang for his buck in his side jobs as well as his main job, which is working for a health insurance company right behind me. but i also spoke to other voters, like sally roberts, like angie currans, who i just spoke to, and she's parade that her kids will choose to leave the state where her family has been for centuries. her family, by the way, many of them coal miners themselves, have dealt with black lung, have dealt with the effects of coal mining. once made a good living, now no more. and she said that senator joe manchin is out of touch with the people that he represents. >> so, yamiche, it shouldn't be lost on us that that voter called senator manchin "joe." i mean, it's a small state, he's been there for a long time, people feel like they know him. i guess the question is, is there room anywhere to sahil's point, is there even a narrow opening? does the white house see a way to shrink this? or is it dead? is this just going to be, you know, chuck schumer is going to take it to a vote and they're going to use it as fodder for the re-elect, for all of these senators who are running again? >> chris, that is the key question hanging over washington, d.c., hanging over this white house right now. is the build back better act dead or can it be revived? can it be somehow renegotiated? of course, it's been being negotiated now for months. we arrived a this the place where we have war of words between the white house, the white house staff, as well as senator joe manchin. now, just today, joe manchin said that the white house staff did some, quote, inexcusable things that drove him to reject the build back better act. and i don't know exactly know the details of exactly what they did, but you can juxtapose that with what the white house put out, which is really saying that joe manchin betrayed the senate, as well as congresspeople in the house. the white house's statement was as lengthy as it was biting. i talked to some white house officials this morning who said they were taken aback by the tone and tenor of that statement. and you don't usually see the white house put out a statement that says, essentially, joe manchin is changing his mind and doing it on fox news and we're not quite sure what was going on. that was essentially the gist of that statement. the president walked out on the lawn. we were shouting all sorts of questions to him. one of the key questions, is the build back better act dead? how you going to get your agenda through congress? and do you trust joe manchin? the president didn't answer those questions, but those are the questions at the heart of this and it's at the heart of whether the build back better act will be able to go forward. because we have to remind people, president biden put his credibility on the line here. he told house progressives that he would be able to get the build back better act through, that he was going to work with joe manchin and moderates in the senate and now that seems not to be happening. it's going to be a tough challenge for president biden, and i should also say that all of this is coming while covid is spiking. people are looking for relief, and here democrats cannot can get on the same page should give some sort of relief as people are being faced with now having to deal with kids back in their homes, having to deal with home schooling, having to deal with sick relatives and sick themselves. this is sort of the worst time for something like this to be happening for this white house. >> yamiche, sahil, and julie, thanks to all of you. still ahead, what other countries are doing to crack down on the spread of the omicron variant. we are live in rome. you're watching msnbc reports. you're watching msnbc reports. nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. if you're washing with the bargain brand, even when your clothes look clean, no parabens, dyes, or fragrances. there's extra dirt you can't see. watch this. that was in these clothes... ugh. but the clothes washed in tide- so much cleaner. if it's got to be clean it's got to be tide hygienic clean. no surprises in these clothes! couple more surprises. - hi, i'm steve. - i'm lea. and we live in north pole, alaska. - i'm a retired school counselor. 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[steve] we met online about 10 years ago. as i got older, my hearing was not so good so i got hearing aids. my vision was not as good as it used to be, got a change in prescription. but the thing missing was my memory. i saw a prevagen commercial and i thought, "that makes sense." i just didn't have to work so hard to remember things. prevagen. healthier brain. better life. happening right know now leaders around the globe scrambling to stop a massive surge of covid cases sweeping across europe. perhaps a grim forecast of what could be to come in the u.s. in the uk top health officials are warning that another lockdown could be on the horizon as cases around that nation skyrocket. disappointing news out of france for a lot of folks. officials in paris announcing that the annual new year's eve festivities are officially cancelled. denmark has gone further. concert venues, theaters, museums, now shut down in an effort to stop the spread. just a few hours ago, israel announced it is banning all travel to the u.s. citing concerns over the omicron variant. just this morning, the world economic forum announced it will postpone the annual meeting in switzerland until at least next summer. for more on this, i'm joined by our reporter. a lot of folks planning to travel to europe either over the holidays or early next year. what's going on there? what do they need to know? >> reporter: hey, chris. reporting on covid for almost two years now, the best advice i have is check every single day what the current restrictive measures are in place in the country, day one to adhere. in countries they want to visit in europe. because they change every single day. we keep track of all of them, the oneses you listed just appeared in the last few hours. those are changing even more in the winter right now under christmas holiday period, because there is a bigger risk of crowding, because there's the omicron variant, and so forth. so let's just give you an example. somebody planned a holiday to the netherlands. the netherlands yesterday announced a full lockdown, starting from today. it is the first european country that is going back to a full lockdown. let's say they want to go and visit family and friends in the netherlands and spend christmas with them? well, they can only invite four guests over. these are all new rules that appeared in the last 24 hours. let's say they want to come to italy. they can still, but even if they are vaccinated, well, they need to have a negative test done before they depart the u.s. for italy. and if they're not vaccinated, then they will need to go into quarantine once they arrive here. this is just two out of 28 countries. in the european union. my advice is check before you leave. >> thank you for that from hoem rome. still ahead, how covid is rocking teams from all around the sports teams and what's being done about it. t's being done about it. 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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 this morning an uncertain future for the remaining nfl season. over the weekend three nfl games were postponed after more than 100 players tested positive for covid in recent days. also this morning, nadal posted on twitter he's tested positive for covid. he is fully vaccinate and in the past has called those who have not gotten vaccinated selfish. joining me now with the latest nbc news producer gary. gary, how are officials in the nfl scrambling, preparing? is it vulnerable that there would be even a playoff season? what are you hearing? >> hey there. game postponements and covid positive player notifications rolling in all weekend across the nfl. three games were postponed after more than 100 nfl players tested positive for coronavirus in recent days. including 19 from your team, chris, the cleveland browns. they're now scheduled to play tonight. the washington football team here in d.c. also having to be postponed and also dealing with 22 players who have covid including their star quarterback. the nfl is putting in a number of protocols including adding mandatory masking at all team facilities. making food to go available at all team cafeterias and making virtual meetings. here's what the chief medical adviser to the nfl told us about the outbreak. >> it's hard for us to forecast where this is going. i think one of the things we've learn about this pandemic throughout is it's extremely unpredictable. so we always state that we're going to let health and safety guide our decisions. we don't want to put teams on the field together unless we feel good about the safety for everyone involved. so we'll just continue to look at the data as it comes out and make the best decisions we can, and we'll let health and safety drive the decisions which is what we did last season and this season as well. >> yes, so chris, it's really important to note the vaccination rate among the nfl players is at 95%. it's not like these players aren't vaccinated. it's simply that the breakthrough cases are happening. >> yeah. affecting so many. i mean, the nhl, the nba, and of course, my beloved cleveland browns. thank you for that. that's going to wrap this up for me. craig melvin picks up with more news right now. and a good monday morning to you. craig melvin here. lots to get to on a busy monday morning. here's a live look inside the trial for former minnesota police officer kim potter, closing arguments are underway. right now the prosecution is up. the defense will present their closing arguments next. also, it's the former minnesota police officer, kim potter, who is facing the manslaughter charges for shooting and killing daunte wright at a traffic stop last april. we'll

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country? and americans are far from alone in this nightmarish deja vu. european countries are enacting new restrictions, canceling events, even in some cases, putting residents back into lockdown. all of this creating turmoil on wall street, where the markets are seeing big losses already this morning. there is some good news, moderna says its vaccine booster shot provides increased protection against the omicron variant. and in other news this morning, democrats plotting their next steps after west virginia senator joe manchin may have dealt a fatal blow to their huge bill, aimed at reshaping the social safety net and fighting climate change. plus, any minute now, closing arguments will get underway in the trial of former minnesota police officer who shot and killed a young black man during a traffic stop. we will take you inside the courtroom when those arguments begin. but we start with that record-breaking wave of coronavirus. let's start with that record-breaking wave of coronavirus infections, fueled by the omicron variant and projected to only get worse in the coming weeks. three lawmakers announcing breakthrough infections this weekend, senators cory booker and elizabeth warren as well as congressman jason crow. with the rising cases comes the demand for testing. across the u.s., including here in new york, people are standing in line for hours sometimes, waiting for covid tests. home tests, almost impossible to come by. joining me now with the latest, nbc news correspondent kerry sanders, msnbc anchor, lindsey reiser in new york city. yamiche alcindor, white house correspondent for the pbs "newshour," as well as moderator of washington week on pbs. she is also an msnbc political analyst and will be joining us here at nbc news next year. dr. peter hotez is co-director for the center of vaccine development at texas children's hospital, and dean of the national school of tropical medicine at baylor college of medicine. what a busy morning for covid news. kerry, let's start with those long lines. pharmacies, i know here in new york, there are signs everywhere saying, sorry, we're out of tests. what's going on? >> that's a problem at pharmacies across the country. it's set up for supply and demand and it looks like the manufacturers had it all figured out, recognizing that it was heading into the holidays, but then you had the variable of the omicron variant, spreading so quickly, people rushing to get their home tests, cleaning out the shelves, trying to get the supplies back in is not going to happen fast enough. and so the alternate plan, of course, is to go get tested at a facility like the one i'm at right now. you can take a look at the drone video that we have here. this is a very long line. thing are running smoothly here in part because this one is running 24/7. all of this is driven by the fact that people this week are making plans to see loved ones for the christmas holiday, and they don't want to be the one that shows up with an unwanted present, bringing coronavirus. and so they're trying to do the right thing and get tested. and then get those results back before they maybe get in the car and go to a house or more importantly, get in an airplane and start that travel and start spreading the omicron variant, which, of course, has been the greatest concern about how quickly this is spreading. there are three tests that the fda this morning says that if you have them, they do not detect omicron, don't use them. these are the tests. we'll put them on the screen for you. i'll read them slowly, giving you an opportunity to run to your bathroom if you have the box there or maybe if you have them somewhere in the house. these are the ones you do not want to use. the applied dna sciences, the meridian bioscience, and tide laboratories. those are the tests that, again, do not detect omicron. the fda says there are better ones to use. of course, the real challenge, chris, is finding those home tests, because they're mostly sold out. >> yeah. so dr. hotez, getting tested has proved challenging. i saw long lines all over the weekend here in new york. the mayor here, bill de blasio, says the white house should invoke the defense production act to help provide a larger number of at-home tests. he wants monoclonal antibody treatments stepped up. he also said the biden administration should fast track approval of an anti-viral pill from pfizer. what do you think are the steps that can be taken right now, knowing that christmas is just, what, five days away. there's only so much that you can do between now and christmas day. >> yeah, well, chris, first of all, it's incredibly disappointing that we still don't have -- haven't figured out at-home testing. the manufacturers knew that there was going to be a big surge, even from delta alone, because we were all predicting a pretty big delta wave. there's really no excuse for having this kind of situation, where we still have long lines. it's like we've learned nothing over the last two years. and that's -- that's pretty disappointing. the monoclonal antibodies, some of them are not working against the omicron variant. and so there are monoclonals and there are monoclonals, and we have to be mindful of that, as well. some of the monoclonals, most of them are directed against the spike protein and the omicron spike protein has so many mutations in it that some of the monoclonals won't work. we may even have to revisit convalescent antibody again and see if that offers any benefits. and the mayor is right, we need to accelerate that pfizer drug. that's going to be really imperative. and here's the other piece that i think not enough of us are talking about. which is, this is really a one, two, three punch epidemic right now. because we've got delta still. delta is still in play. omicron's accelerating, but the third piece is we're seeing a lot of breakthrough infections among hospital workers, among health care providers. not even some who have gotten the third immunization, not that they're getting very sick enough to go to the hospital, but enough to knock them out of the health care workforce. that's going to be our weakest link right now, we'll see this surge due to combination of delta and omicron on our hospitals, and lots of now absence in the health care workforce, on top of an already-depleted health care workforce. and that's where things could go wrong very quickly. and i know the president is speaking on tuesday, tomorrow. i hope that's the major point that he addresses, because there are some innovative things that we can do, but we've got to make that a priority of keeping our health care heroes in the workforce. >> i mean, obviously, and you and i have talked about this for a while now, the concern about the diminishing number of people in an already overstressed health care system. there are a lot of other areas where people have to go to work. not everybody can work from home. and the question i keep getting, so i'll ask it to you. i personally know people fully vaccinated, meaning also boostered, who have gotten these breakthrough infections, and they're saying, how, why? i never leave my house without keeping my mask on. i've been very limited in the number of places i'm going, and yet i still find myself infected. do we know the answer to that? >> i think we do. first of all, omicron has a level of transmissibility that's really up there among the most transmissible respiratory viruses we have, maybe almost as high as measles. clearly, more so than delta. so, you know, what that means is the virus can linger potentially in the atmosphere in places. and that may have something to do with it. the second piece is even though there's no question that the boosters offer a lot of benefit, they give you a 30, 40-fold rise in virus-neutralizing antibody, and do a very good job at still keeping you out of the hospital or icu, and what we're seeing is when you're two or three months out after your booster, so after you got your third dose, if you got it two or three months ago, there's a pretty steep decline against symptomatic infection. and that's data that's data out of imperial college london -- >> so do you go get another booster? >> well, so that's one of the things that we have to hear from the white house. is there going to be any benefit from getting a second booster and how you message that, when we're still trying to -- we still can't even get most people to get their third immunization. i think for the health care workforce, and i've written about this in the "los angeles times" over the weekend, for the health care workforce, i think we should consider offering them a second booster if they're a couple of months out from their last one, at least for the pfizer biontech vaccine. >> so yamiche, to that point about who has to work. if you're in an entertainment business, in a hospitality business, in a restaurant, one person tests positive, the next thing you know, the restaurant has to shut down, because everybody has been in close proximity and working together. that puts a strain obviously on people's ability to pay their bills. the independent restaurant coalition, for example, is already asking congress to replenish the restaurant revitalization fund. so i'm curious what you're hearing from officials at the white house, what kinds of conversations are they having, if any, about the possibility of more economic relief. is that part of what we might hear from the president tomorrow? >> there's the pandemic and the omicron variant that's multiplying, the delta variant that's continuing to spread. and of course, you have joe manchin and this argument over aid to americans in the build back better plan. when you talk about the first one, this is the covid and the pandemic, the white house has already said that this is their number one priority. they said the only way out of this pandemic, and really toward economic prosperity is toward -- is through going through this pandemic and getting people healthy. the president, as dr. hotez said, is going to be giving remarks tomorrow on the pandemic. we can expect to hear the president, urge people again to get vaccinated, but i also am hearing that the president is going to be a little bit of tough love. he said already this is going to be a severe winter. he said multiple times that this is a pandemic of the unvaccinated, because the people who are dying and hospitalized, they're disproportionately people who are unvaccinated. the biggest challenge, though, for this white house is that this is a pandemic that is also polarized politically. the people who need to hear most the message of getting vaccinated, of getting boosted, they are people who likely have political differences with the president. you're more likely, of course, to not be vaccinated if you're a republican. so president biden really has to in some ways strategize about how to cut through that. this testing issue is also really big. i know so many people who have been struggling to get at-home tests, who have been struggling to sit in lines for hours to get tested. this cannot be the way this goes forward. and you have to add the democrats and them arguing over the build back better plan, the president feeling betrayed, frankly, by senator joe manchin. the white house put out a statement yesterday that was lengthy and biting say that this was a reversal, a sudden reversal by senator manchin. also saying that this was a break in commitment, not only to the president, but also to his colleagues in the senate. so you have here a president biden who has to really navigate all of these challenges and part of navigating covid is also, as you said, getting relief to people and getting his party on the same page. >> so quite a few things going on there. and we messagesmentioned this a top, lindsey. so many decisions so many people have to make. for most schools, kids were going to go out on holiday break, at least through the end of this week, certainly through the beginning of january. having said that, there are a lot of decisions that have to be made by administrators, and right now, how are new york city officials responding to this new wave? >> well, chris, we are outside of a school. we'll get to that in a minute, but we're also outside a covid testing van. that's why you see so many people behind me. take a look at the line. people have been waiting since before 6:30 this morning. you can see people jumping around in line, because it is freezing out here. they're trying to stay warm. but in terms of the schools' issue, mayor bill de blasio says he does not want to shut down the public school system. i spoke to the head of the union, the head of the teacher's union here. he says they also don't want to go remote, but they need to see quicker testing in the schools. right now, they're seeing a turnaround time that's way too long, in terms of possible exposure. i talked to a couple of parents this morning. let's listen to what they told me. all right. it doesn't sound like we have that, but basically, a lot of parents are in line because their own kids in school have had classmates who have been exposed. they're frustrated with the long testing lines, as well. they also don't want to see their kids going remote either, because they're still seeing some effects from last year, chris. >> yeah, you've got young kids, are you going to go wait in line for two or three hours and then you're going to get tested and not getting the results by the time you need them, so much can change between now and then. lindsey reiser, yamiche alcindor, kerry sanders, thank you. this recent surge in covid cases leaves parents with a difficult question. could students soon return to remote learning? the cdc is trying to keep kids in the classroom with this new test-to-stay strategy that will allow unvaccinated students to come to school, even if they've been exposed to covid. with more, i'm joined by michael carner, regional superintendent of schools in lake county, illinois, one of the counties the cdc studied in order to recommend this new plan. thank you so much more being with us. walk us through how this plan has been working in your district. >> sure. so i oversee about 45 public schools in lake county, which points to about 3,500 students. back in july, when the illinois department of public health and cdc came out with their guidance, our lake county health department, led by mark pfister and his team, came up with a plan so we could be progressive to ensure that this year, we kept kids in school. so we developed a test-to-stay program. and what happens with that is, when there is a covid-19 confirmed case and a close contact and then the students were, you know, social distanced and also wearing their masks, variable test-to-stay on days one, three, five, and seven. so what that allowed us to do in our school districts is to have all of our students stay in more. we found that there's only been a 2% conversion rate in the schools, so that means that transmission has not been high. and we've also been able to keep thousands of kids in schools and have that seat time, you know, compared to being remote. >> and what's your confidence level, given omicron, and also the things that you've learned over these past couple of months, and past couple of years, that informs how you're going to move forward next year, starting in january? >> sure, obviously, i know all school leaders are worried, parents, everybody, i'm a parent and i have two children myself. obviously, the worry is real, but can i tell you, from what we've realized these past six months is in lake county, our school districts, what their nurses, administrators, along with lake county health department have done an amazing job keeping all of our kids in school. we've only had two adaptive clauses, meaning two schools, one on remote for two days. so we've been able to keep them in school. and i believe with the testing that illinois has been able to provide us and also the resources by the federal government will be able to continue to keep our schools open and keep them safe for students. >> so, dr. hotez, big picture here. whether it's sending your kid to school, whether it's taking them to see grandma over christmas. whether you're making your own decisions. what are the things that you would tell people to look at when they're deciding how to live their lives in this period where we all know that the likelihood is the number of infections is going to go up, the number of hospitalizations, even deaths, potentially, could be moving in the wrong direction. >> well, i think it's important, chris, to keep in mind that omicron is a bit of a game changer, given that it's significantly higher transmissibility, compared with the delta variant, which in turn is significantly higher compared to alpha, which in turn, is significantly higher compared to the original lineage. so this is something as transmissible as measles, potentially, or getting up there, so we have to be extremely mindful. so among the -- so the potential silver lining right now is the schools are going to go on break for the next few weeks, and hopefully when it's time for the kids to come back, will be on the downslope of this omicron surge. i can't promise that. i don't know that for certain, but that is one possible scenario, which would be really terrific. so i can't think of a better time right now to have this winter break. but the other, a couple of other things to keep in mind, who's in the home, who are you visiting? and what i mean by that is, if you're visiting someone who's immunocompromised or if you have someone who's immunocompromised in the home, that might not respond as well to the vaccine, give that some consideration. those with underlying conditions. and scale back your plans in terms of ambition. try to avoid huge crowds, if possible. >> dr. peter hotez, michael carner, both of you working in professions that have been so challenging over these last couple of years, and now moving forward. another major challenge. thanks to both of you. we really appreciate the work you do and taking the time to talk to us. still ahead, the white house goes after senator joe manchin, after he tanks the build back better plan. we're live on capitol hill. and in manchin's home state of west virginia. plus, we're keeping our eye on that courtroom in minneapolis where very soon, we're expecting closing arguments in the kim potter trial to gip. we will take you there live. you're watching msnbc reports. i. you're watching msnbc reports. ever notice how stiff clothes can feel rough on your skin? it's because they rub against you creating friction. and your clothes rub against you all day. for softer clothes that are gentle on your skin, try downy free & gentle. just pour into the rinse dispenser and downy will soften your clothes without 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was just 20 years, he had a baby boy of his own. and that's why we're here today. we're here because the defendant, kimberly potter, a 26 year veteran of the brooklyn center police department pulled the wrong weapon and shot and killed daunte wright. and at the heart of it, this case is very simple, members of the jury. it's a case about the defendant's reckless handling of her firearm and it's about her culpable negligence. it's about what she did on april 11th. she drew a deadly weapon, she aimed it, she pointed it at daunte wright's chest, and she fired. now, the defense will tell you that daunte wright is somehow to blame in causing his own death. but make no mistake, we're here because of the defendant's actions, not daunte wright's. she knew she had a loaded gun on her duty belt, a gun that she carried every single day on the job. she carried it on the right side every day, for 26 years. and that's the weapon she used. that's the weapon she drew. that's the weapon she pointed. and that's the weapon she fired. members of the jury, that's culpable negligence and that's reckless handling of a firearm, resulting in death. this case is about the defendant's rash and reckless conduct. it's not about her being a nice person or a good person. even nice people have to obey the law. it's not about the smell of marijuana. it's not about a gross misdemeanor warrant. it's not about an order for protection. and it's certainly not about anyone being dragged. no one was dragged. no one was almost dragged. and how do you know that? well, you know that from what the defendant said herself on april 11th. you know from her own reaction to what she had done and from what she told you in court. what this case is really about is about an officer who mishandled her firearm. that's why we're here. and even if you take the defendant's word for it, she admits that that's what she did. she told you in court she knew it was wrong and she knew from the very beginning, from the things that she said. she was no rookie. it wasn't her first day on the job. she was an fto, a field training officer. she had 26 years of experience on the street. every year, for 26 years, she was trained on how to use her gun and how to use it safely. and every year, for 26 years, she was trained on use of force. and every year for 19 years, she was trained on using her taser and using that properly. every year, she saw the powerpoints. every year, she was told about the risk of weapon confusion. and that pulling a gun instead of a taser could kill somebody. every year, she signed the paperwork acknowledging the risks. and all of that training and all of that experience shows that she shouldn't have done what she did. all of that training and all of that experience shows that she was aware of the risks associated with her weapons. she was aware of all kinds of risks. the risk of incapacitaing a driver behind the wheel. the risk of collateral injuries. and the risk of drawing and firing a gun instead of a taser. and her conduct and her choices on april 11th show that she disregarded all of those risks. now, let's talk about what happened on april 11th and what she did. and the videos show exactly what happened and what she did. this traffic stop on april 11th was nothing out of the ordinary. so ordinary, in fact, that the defendant told you herself that she wouldn't have even stopped this car. she wouldn't have even stopped daunte wright if she had been alone. for the air freshener and the expired tags. but they did. she and officer lucky pulled this car over. and the defendant had initially observed the interaction between officer lucky and daunte wright, when he first approached, she was hanging out toward the back. she told you, it appeared to be a fine conversation. officer lucky wasn't in any distress. and then in the squad car, they learn about this ex parte order for protection and a gross misdemeanor warrant. and sergeant johnson shows up and they decide to arrest daunte wright on that misdemeanor warrant. daunte wright was unarmed. he had no gun. he had no weapon. and he posed no threat to those officers. >> we're going to keep listening into this, but in the meantime, let's go to nbc's shaq brewster, who has been covering this throughout and is live from outside the courthouse in minneapolis. and david henderson, former prosecutor and civil rights attorney. david, let's start with what we're hearing so far. she said a couple of times, 26-year veteran, that she wouldn't even have stopped the car. clearly trying to drive home the point, this is someone who, for lack of a better phrase, should have known better. >> yeah, chris, that's right. the problem that they have with the argument that she's making is, it's not addressing what they actually have to prove to get a conviction. thus far in this trial, i haven't heard anything that goes directly to the point that the prosecution has to meet two barriers in this case. first, they have to prove that she acted consciously. second, they have to prove that the amount of force she used was unreasonable under the circumstances and they have yet to demonstrate to the jury why they should convict on the basis of her behaving consciously. and that doesn't even deal with the second problem we have to overcome. >> so what would they have had to be able to argue to reach that level, david? >> you know, i'm stuck on this case. i've got to level with you, because my mind and my heart have never been further apart. i've got no love from kim potter and what she did here. that was especially true after her testimony. but from the beginning, reviewing this evidence, i don't see anything they can rely on to prove that she behaved consciously, because they have acknowledged that she made a mistake in wrongfully drawing her taser instead of her gun. >> so, shaq, let me -- i know that you obviously have been covering this throughout, you've been in touch with lawyers. what should we expect to hear today? and on both sides, what do we see as the heart of their case. >> i think you're hearing that from the prosecution right now, as they try to lay it out in saying that this is a 26-year veteran of the police force. she should have known the fundamental difference, they say, between a gun and a taser. you heard the judge, right before these closing arguments begin, she went through those jury instructions. nearly a dozen pages, instructing the jurors on what the law is and how to apply the law in this case. and one point that you can bet the prosecution will hit on is the idea that they don't have to prove intent here. you mentioned, we heard from david there, his concerns about the elements that they did not prove in this case, or that he feels they did not prove in this case, but the prosecution is going to try to say that because she drew her weapon, even the drawing of her taser, they believe that was reckless and they believe that showed negligence. that is what they have been painting throughout this trial. you'll then have the defense come up and hear them say that this was a clear mistake. you heard that from the opening statements, you heard that from kim potter when she took the stand herself, that she did not intend to cause this harm, that she was justified in her use of force, despite it being a mistaken use of force. you hear them highlight the witness and testimony that they brought up, including the former police chief of the brooklyn center police department, who said that one of the reasons that why he resigned, why he's a former police chief is because he pushed back on the idea of firing her because he saw no violation in law and no violation in policy. that is what jurors are going to hear, two fundamentally different interpretations of the law, but then later this afternoon, when they get this case, it will be up to them to determine which one they want to believe. >> and we often saw something we often don't see in cases like this, which is the defendant taking the stand. let's play a little bit of what we heard from kim potter earlier in the week. >> from the reaction on your video, you didn't plan to use deadly force that day, did you? >> no. >> you didn't want to use deadly force, did you? >> objection -- >> the -- the objection is overruled. >> no, i -- no. >> because you knew that deadly force was unreasonable and unwarranted in those circumstances? >> i didn't want to hurt anybody. >> david henderson, they've been instructed, just before the closing arguments began, about what they have to look for, what would constitute a guilty verdict. having said that, you cannot remove emotion and you can certainly not remove when a defendant takes the stand. what's your thought about that impact of kim potter and her display of emotion on the stand? >> this is a perfect example of why i said earlier that my mind and my heart could not be further apart on this case. i'm smart enough to know that anytime a defendant expresses remorse in a trial where they're accused of an unintentional killing, it matters to the jury. the jury will be persuaded by those tears. at the same time, my heart tells me, i have never been more deeply offended listening to the testimony of a defendant than i was listening to kim potter's. she admitted that they racially profiled daunte wright. she didn't use those words, but she came as close to saying that as she's ever going to come. she admitted that she had the ability to put a stop to what was happening and she didn't. she admitted that she wrongfully killed him, and after she shot him, she collapsed to the ground crying over what the consequences might be for her. and she monopolized all the first responders standing nearby her, who could have tried to render aid, because as far as she knew, he needed help and so did his passenger, and he could have been saved. despite all of that, my mind steps back in and reminds me that the law was engineered to protect her under a circumstance like this and based on what we've heard up to this point, if the jury critically reads the law and follows it, she's likel. >> thanks to both of you. we'll keep you updated throughout the day on this. but still ahead, what's next for the white house and senator joe manchin, after she dashes the hopes for a build back better plan. you're watching msnbc reports. better plan. you're watching msnbc reports. the snapshot app from progressive rewards you for driving safe and driving less. okay, what message did you hear this time? safe drivers can save using snapshot? -what's snapshot? -what the commercial was about. -i tune commercials out. -me too. they're always like blah, blah blah. tell me about it. i'm going to a silent retreat next weekend. my niece got kicked out of one of those. -for talking? -grand larceny. how about we get back to the savings? 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[daughter] slurping don't pay for water. pay for clean. it's got to be tide. 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. now to washington, where democrats are scrambling to figure out what comes next after what could be a fatal blow to one of their top priorities. senate majority leader chuck schumer says he will put a nearly $2 trillion bill aimed at reshaping the social safety net and fighting climate change up for a vote early next year. even after west virginia senator joe manchin stunned democrats, including the white house, announcing sunday that he'll vote against it. >> this is a mammoth piece of legislation, and i have my reservations from the beginning. and i cannot vote to continue with this piece of legislation. i just can't. i've tried everything humanly possible. i can't get there. >> white house press secretary jen psaki blasted manchin in a statement, saying, quote, if his comments on fox and written statement indicate an end to that effort, they represent a sudden and inexplicable reversal in his position, and a breach of his commitments to the president and the senator's colleagues in the house and senate. in fact, new york democratic congresswoman alexander ocasio-cortez echoed that on "morning joe," calling manchin's decision an egregious breach of trust, but says that there is plenty of blame to go around. >> our leadership needs to step up. and i think that we can do that. i do not believe that the situation is beyond repair, but it's going to take a different kind of thinking to get out of it, than it did to get into it. >> joining us now, nbc news national political reporter, sahil kapur, nbc news reporter julie tsirkin is in west virginia, yamiche alcindor is back with us. so sahil, senator manchin just did an interview on a west virginia radio show. what did he have to say? >> reporter: chris, there is no question that this is a devastating blow to the centerpiece of president biden's agenda, but whether it's a fatal blow remains to be see and just in the last hour or so, senator manchin has given an interview to a local west virginia radio station where he reiterated his opposition to the build back better act, concerns about inflation, concerns about debt. and this gets to the core of it. he said in his words here that the build back better act, as passed by the house, is still the same $6 trillion bill that senator bernie sanders wanted just with new time elements. in other words, he is zeroing in on the fact that these expiring provisions, which are set to lapse over one or two or three years as a way to lower the sticker price, that is the core of his beef with this bill and that will be very difficult to fix. in these remarks, in what joe manchin told fox news yesterday, democrats saw an opening, a narrow opening, but still an opening to salvage this bill, which is basically that you shrink it to several programs, maybe two or three or four programs that are going for the full ten years, and that don't expire early and that are financed for the full ten years. that seems to resolve the concerns that senator joe manchin is putting up. yesterday, look, i asked a source familiar with manchin's comments where he is on this bill, whether it can be saved. let's put the response up on the screen. i think this is instructive. this source says that build back better is dead right now. now, as for whether it can be revived, the source said it is possible, but they are far from that, given the statements from the white house and from other democrats. manchin, people close to manchin were certainly taken aback by the fact that numerous democrats, including the white house were questioning his character, questioning his commitment to his word. that doesn't sit well with him. if they need -- if they're going to piece this back together, they're going to have to find a way to meet his demand on sunset. so far, they've been talking past each other. this has been a huge, huge failure of communication between democratic leaders and senator manchin. the white house clearly believes that he suddenly, abruptly changed position and he's going back on his word. and manchinargued, as he did in this west virginia radio interview, that he has been clear all along, that he doesn't want these expiring provisions to get in the way of a bill that is fully paid for, chris. >> julie, west virginia, we know, is one of the poorest states in the nation, also one of the reddest. donald trump beat joe biden by close to 40 points last year. so when senator bernie sanders and other democrats say, look, senator manchin is going to have to explain to his constituents in west virginia why he has not given them all of these things that the democrats believe will help some of the poorest in our country, i mean, you wonder, is that really the case? what are you hearing on the ground there? >> yeah, it's a good question, chris. and i want to remind you that senator bernie sanders back in october also put an op-ed in manchin's hometown paper. i'm holding one right here, the charleston gazette, where he basically tried to pressure senator joe manchin into voting for this build back better piece of legislation. obviously, that didn't work. and i heard from source even before i got down here last night, that said that senator bernie sanders' comments, progressive's comments aren't going to move the needle. senator joe manchin's approval ratings have been growing here in the last couple of years, and it's because of the political makeup here. i'm in charleston, west virginia, it's the capital of a state that has less than 2 million people in it. but i spoke to some folks on the ground today, and they're on pretty opposite sides of the pages. it's being moving more towards this redder landscape. as you said, more people voted for trump dramatically than biden, but let's take a listen to what wes cogger told me. he didn't believe that build back better should be anywhere close to getting across the finish line. take a listen. >> we're already rocking what, $3.40 in gas, so, i mean -- i can barely put gas in my car now as it is. soy mean, anything -- any other drastic steps that would alter west virginia at all right now is just -- it's kind of scary. i can see why joe would be skeptical to do it. >> reporter: yeah, and people like wes, chris, are scared. he works multiple jobs. he told me he depends on the price of lumber being low so he can make the best bang for his buck in his side jobs as well as his main job, which is working for a health insurance company right behind me. but i also spoke to other voters, like sally roberts, like angie currans, who i just spoke to, and she's parade that her kids will choose to leave the state where her family has been for centuries. her family, by the way, many of them coal miners themselves, have dealt with black lung, have dealt with the effects of coal mining. once made a good living, now no more. and she said that senator joe manchin is out of touch with the people that he represents. >> so, yamiche, it shouldn't be lost on us that that voter called senator manchin "joe." i mean, it's a small state, he's been there for a long time, people feel like they know him. i guess the question is, is there room anywhere to sahil's point, is there even a narrow opening? does the white house see a way to shrink this? or is it dead? is this just going to be, you know, chuck schumer is going to take it to a vote and they're going to use it as fodder for the re-elect, for all of these senators who are running again? >> chris, that is the key question hanging over washington, d.c., hanging over this white house right now. is the build back better act dead or can it be revived? can it be somehow renegotiated? of course, it's been being negotiated now for months. we arrived a this the place where we have war of words between the white house, the white house staff, as well as senator joe manchin. now, just today, joe manchin said that the white house staff did some, quote, inexcusable things that drove him to reject the build back better act. and i don't know exactly know the details of exactly what they did, but you can juxtapose that with what the white house put out, which is really saying that joe manchin betrayed the senate, as well as congresspeople in the house. the white house's statement was as lengthy as it was biting. i talked to some white house officials this morning who said they were taken aback by the tone and tenor of that statement. and you don't usually see the white house put out a statement that says, essentially, joe manchin is changing his mind and doing it on fox news and we're not quite sure what was going on. that was essentially the gist of that statement. the president walked out on the lawn. we were shouting all sorts of questions to him. one of the key questions, is the build back better act dead? how you going to get your agenda through congress? and do you trust joe manchin? the president didn't answer those questions, but those are the questions at the heart of this and it's at the heart of whether the build back better act will be able to go forward. because we have to remind people, president biden put his credibility on the line here. he told house progressives that he would be able to get the build back better act through, that he was going to work with joe manchin and moderates in the senate and now that seems not to be happening. it's going to be a tough challenge for president biden, and i should also say that all of this is coming while covid is spiking. people are looking for relief, and here democrats cannot can get on the same page should give some sort of relief as people are being faced with now having to deal with kids back in their homes, having to deal with home schooling, having to deal with sick relatives and sick themselves. this is sort of the worst time for something like this to be happening for this white house. >> yamiche, sahil, and julie, thanks to all of you. still ahead, what other countries are doing to crack down on the spread of the omicron variant. we are live in rome. you're watching msnbc reports. you're watching msnbc reports. nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. if you're washing with the bargain brand, even when your clothes look clean, no parabens, dyes, or fragrances. there's extra dirt you can't see. watch this. that was in these clothes... ugh. but the clothes washed in tide- so much cleaner. if it's got to be clean it's got to be tide hygienic clean. no surprises in these clothes! couple more surprises. - hi, i'm steve. - i'm lea. and we live in north pole, alaska. - i'm a retired school counselor. 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[steve] we met online about 10 years ago. as i got older, my hearing was not so good so i got hearing aids. my vision was not as good as it used to be, got a change in prescription. but the thing missing was my memory. i saw a prevagen commercial and i thought, "that makes sense." i just didn't have to work so hard to remember things. prevagen. healthier brain. better life. happening right know now leaders around the globe scrambling to stop a massive surge of covid cases sweeping across europe. perhaps a grim forecast of what could be to come in the u.s. in the uk top health officials are warning that another lockdown could be on the horizon as cases around that nation skyrocket. disappointing news out of france for a lot of folks. officials in paris announcing that the annual new year's eve festivities are officially cancelled. denmark has gone further. concert venues, theaters, museums, now shut down in an effort to stop the spread. just a few hours ago, israel announced it is banning all travel to the u.s. citing concerns over the omicron variant. just this morning, the world economic forum announced it will postpone the annual meeting in switzerland until at least next summer. for more on this, i'm joined by our reporter. a lot of folks planning to travel to europe either over the holidays or early next year. what's going on there? what do they need to know? >> reporter: hey, chris. reporting on covid for almost two years now, the best advice i have is check every single day what the current restrictive measures are in place in the country, day one to adhere. in countries they want to visit in europe. because they change every single day. we keep track of all of them, the oneses you listed just appeared in the last few hours. those are changing even more in the winter right now under christmas holiday period, because there is a bigger risk of crowding, because there's the omicron variant, and so forth. so let's just give you an example. somebody planned a holiday to the netherlands. the netherlands yesterday announced a full lockdown, starting from today. it is the first european country that is going back to a full lockdown. let's say they want to go and visit family and friends in the netherlands and spend christmas with them? well, they can only invite four guests over. these are all new rules that appeared in the last 24 hours. let's say they want to come to italy. they can still, but even if they are vaccinated, well, they need to have a negative test done before they depart the u.s. for italy. and if they're not vaccinated, then they will need to go into quarantine once they arrive here. this is just two out of 28 countries. in the european union. my advice is check before you leave. >> thank you for that from hoem rome. still ahead, how covid is rocking teams from all around the sports teams and what's being done about it. t's being done about it. 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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 this morning an uncertain future for the remaining nfl season. over the weekend three nfl games were postponed after more than 100 players tested positive for covid in recent days. also this morning, nadal posted on twitter he's tested positive for covid. he is fully vaccinate and in the past has called those who have not gotten vaccinated selfish. joining me now with the latest nbc news producer gary. gary, how are officials in the nfl scrambling, preparing? is it vulnerable that there would be even a playoff season? what are you hearing? >> hey there. game postponements and covid positive player notifications rolling in all weekend across the nfl. three games were postponed after more than 100 nfl players tested positive for coronavirus in recent days. including 19 from your team, chris, the cleveland browns. they're now scheduled to play tonight. the washington football team here in d.c. also having to be postponed and also dealing with 22 players who have covid including their star quarterback. the nfl is putting in a number of protocols including adding mandatory masking at all team facilities. making food to go available at all team cafeterias and making virtual meetings. here's what the chief medical adviser to the nfl told us about the outbreak. >> it's hard for us to forecast where this is going. i think one of the things we've learn about this pandemic throughout is it's extremely unpredictable. so we always state that we're going to let health and safety guide our decisions. we don't want to put teams on the field together unless we feel good about the safety for everyone involved. so we'll just continue to look at the data as it comes out and make the best decisions we can, and we'll let health and safety drive the decisions which is what we did last season and this season as well. >> yes, so chris, it's really important to note the vaccination rate among the nfl players is at 95%. it's not like these players aren't vaccinated. it's simply that the breakthrough cases are happening. >> yeah. affecting so many. i mean, the nhl, the nba, and of course, my beloved cleveland browns. thank you for that. that's going to wrap this up for me. craig melvin picks up with more news right now. and a good monday morning to you. craig melvin here. lots to get to on a busy monday morning. here's a live look inside the trial for former minnesota police officer kim potter, closing arguments are underway. right now the prosecution is up. the defense will present their closing arguments next. also, it's the former minnesota police officer, kim potter, who is facing the manslaughter charges for shooting and killing daunte wright at a traffic stop last april. we'll

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