this is "andrea mitchell" reports in washington where the omicron variant is spreading like wildfire here in the u.s. and around the world. new york city and washington, d.c., are both breaking records. moments ago, d.c. mayor muriel bowser reimplementing the city's mask mandate, and testing lines in new york are now stretching around the block amid a nationwide shortage of rapid at-home tests. nearly a third of broadway shows have been canceled due to outbreaks and snl's big season closer mostly scrapped. no live audience, no musical acts with tina fey and tom hanks pitching in. >> due to safety we do not have an audience. >> this is not the smallest audience i have ever performed for because i have done improv in a macy's. >> breakthrough cases include senators elizabeth warren and corey booker and congressman jason crow. they are among the 33,000 testing positive daily in the u.s. the democratic senate up in arms at fellow democrat joe manchin of west virginia, blind siding the white house on short notice going on fox on sunday news. >> this is a no? >> this is a no. and in minneapolis, closing arguments in the trial of former police officer kim potter who faces manslaughter charges in the death of an unarmed daunte wright. first to our top story, the surging covid cases. joining us now kathy park in new york city, monica alba in the white house, and kelly cobiella in london. also with us our medical correspondent dr. john torres and dr. vin gupta, critical care pulmonologist. what is mayor de blasio doing about the long testing lines and the delays in getting results back? >> reporter: yeah, andrea, we are seeing a lot of covid testing points throughout the city. and just a short time ago, we heard from the mayor himself, he acknowledged that they are having some issues getting these tests, but he said this week they are expanding testing sites. also providing more at-home tests, and he also said that they are sending out supervisors to private vendors to basically offer quality control. andrea, they could use all the help they can get here in new york city because many people we spoke with over the weekend saying that they're waiting hours in line just to get a test. take a listen to this. >> i'm the last patient as you can see. i think they have an overload. that's why they shut at 9:00 in the morning. >> you went to three different clinics in the past hour, and what did you see? >> about 30, 40 people standing in line in the cold, and i'm like no. so i just walked over here. >> yes, i am here. all right. so that's my call. >> reporter: and andrea, if we spoke at 7:00 this morning, you would have seen a massive line behind me. you might be wondering where is that line? i just checked, they actually capped the number of patients they can see for covid tests at 150, and the slots have already been filled, and moving forward is kind of a case by case situation depending on the amount of tests they have available and also staffing as well. andrea. >> thanks so much to kathy park in new york. in london kelly cobiella, the mayor there is putting the city on emergency footing as omicron is spreading rapidly. this is becoming a political problem for johnson as well, all that controversy over christmas parties and what he did and did not do. we see the results in that election that was just held. >> reporter: yeah, the government dealing with a bit of a credibility problem just as they're seeing these covid cases rise quite dramatically, the london mayor sadiq khan saying that the omicron variant is now the dominant variant in london, and he declared that major incident over the weekend because basically what they're saying here is staff levels at hospitals and in emergency services are going down because of people who have to self-isolate, so it's not just about people catching the virus. it's also about people not being able to report for work in very key positions. now, some new measures have been put in place in the united kingdom. orders to work from home if you can, as well as a mask mandate for shops, restaurants, anyplace that is indoors and quite busy. there have also been calls by scientists for even more tougher restrictions, like things we're seeing in mainland europe. the netherlands being the most obvious example, they went into a full lockdown as of yesterday, all nonessential businesses are closed until january 14th. the prime minister there saying it was the only way to make sure that hospitals wouldn't be overwhelmed. again, just because of the rate at which this variant spreads. here in the uk, as you mentioned, andrea, there's a real political issue when it comes to imposing more restrictions. scientists have been pushing for them. boris johnson, the prime minister met with his cabinet this afternoon. so far no announcement on a fresh lockdown. he would have a really, really tough time selling that to his party, andrea. >> yeah, and as i was just alluding to, they had an election a couple of days ago, which is the equivalent of one of our special elections in a congressional district, a district that has not gone against the conservatives in 200 years, went for the lib dems which is, you know, shocking to boris johnson, right? >> reporter: yeah, that's right. the fact that he lost this election, his party lost this election in shropshire in the north of england. a lot of the voters were furious that there appeared to be one rule for the government and one rule for people in power and another rule for the rest of the country when it came to lockdown rules. very, very angry at the government for what they saw as really poor actions during the last lockdown and under other restrictions. >> kelly cobiella, thanks for all of that from london. monica, political fallout as well for the president because of all the, you know, victory statements which could not -- you know, they could not anticipate the variant. we've got controversies as well involving what the vice president said about that. what do we expect to hear from the president tomorrow? giving a speech sometime tomorrow afternoon, we believe. will he have more to say about testing, the shortage of tests here. >> there is certainly a lot of pressure on the administration right now, andrea, to address this issue with the rapid testing where so many health experts including those who advise the president daily are the ones saying if you're going to get together with family members, it's a good idea to get one of those at-home tests. the trouble is right now it's very difficult to get your hands on them as we've been reporting all day hear. the white house has been asked about this. we do think we can expect the president to talk about some of the challenges tomorrow in this address to the nation, which i'm told by white house officials will really be building upon the speech he gave earlier this month when he announced the winter plan and very key here to underscore is that at least at this point the white house doesn't believe just like they did in that speech, there won't be any new announcements of lockdowns or mandates or restrictive actions like that. instead, they're going to try to tell americans what they should do, and at this case, their message is very clear. they would like anybody who's eligible to get a booster to do it, and then the president will have the starkest warning yet for the unvaccinated. he is going to be describing this in very intense terms, a very dark winter, severe illness and death for those who haven't rolled up their sleeves. so the president will continue to do that while, again, talking about some new steps, additional measures we're told for vulnerable communities. but it does come at a time when the white house is under fire, particularly for those comments from the vice president you referenced when she said we didn't see delta coming. we didn't see omicron coming. an adviser following up to say she didn't see that exact mutation coming, but we know from our own doctors, especially those on this panel and experts that they were watching for these variants and they did know that they could wreak havoc as the pandemic progressed, andrea. >> and dr. fauci made that very clear on "meet the press" with chuck yesterday. dr. vin gupta, in many ways we're in a better place with vaccinations, with boosters, even some treatments, but i have to tell you with omicron and how transmissible it is, this surge we see it now in d.c. and new york, and people are saying -- people i run into are saying you see the vaccines don't work. that's become the meme. how do you persuade people, no, texas the difference between the booster and the third shot. i mean, it's hard to communicate that. >> well, andrea, good afternoon, good to see you, and thank you for asking that question because i think tomorrow you're going to hear this from the president is and his team. it's a really vital point that a vaccine against a contagious respiratory virus like covid, let's talk about flu, something that we get an annual shot for, that these vaccines against constantly changing respiratory virus, no way could ever prevent a positive test for mild symptoms. that's not how those vaccines against these types of viruses are designed to work. they're designed to keep you away from folks like me, pulmonologist and my colleagues at icus. i think that message was difficult to land, but they're landing it now. that's why we're focusing on serious illness. yeah, you might test positive. yes, you might even have mild symptoms here. this is the new normal and psychologically shifting expectations is going to be really important for the president tomorrow. i know that's the plan hear, but also for americans to understand this is not about preventing exposure necessarily. obviously we can take steps, robust masking and things of that nature, p but you might not be able to prevent a positive test and that's okay because you're protected from the worst impacts of this virus. >> one other question about the moderna results. i want to drill down on that as well with dr. torres. the moderna results indicate that the best defense against omicron could be that the booster raising people by, you know, some 37 fold. is there a situation where you would get a booster, though, because there was also data, dr. gupta, that the initial third dose of moderna, the half dose was not nearly as effective and that you should have twice as much. should you get a second booster if you got the moderna booster? >> andrea, i think you were targeting that to dr. torres? >> no, i'm sorry, i was asking that of dr. gupta first, and i was going to bring in dr. torres. >> the third dose, you're right, the full dose of moderna in the study of omicron did seem to produce more antibodies against the omicron variant. these are lab-based studies for your viewers. the currently approved third dose of moderna still was very effective. the levels of antibodies produced in the lab were smaller, but there were also less mild side effects with that half dose. so it's important for your viewers to understand that@immune system is complicated. what is done in the lab cannot mimic what is done in the body. there are t cells. there are other ways the immune system protects us. that half dose appears to be just fine in terms of providing that added protection. >> thanks very much for that, and dr. torres, when we talk about persuading people to get the boosters, people are getting some reactions to them. what advice do you have to people going into this as to the importance of getting the booster, even if you get a reaction? >> i think the main point, and this is what dr. gupta was talking about as well. this is our best protection we have against the virus right now. we know that protection has waned a little bit after the initial vaccinations, especially with the new omicron variant. so getting those boosters, and moderna just came out with information showing you get a 37 fold increase in antibodies in the lab if you do get the booster, and that can offer you a lot of protection. it's not going to necessarily protect you from getting covid, but it's going to prevent you from the big three, serious illness, hospitalizations or deaths, and the other thing, which is what i think president biden will allude to tomorrow or at least talk about is the fact that we are now starting to get to the point where we need to start understanding how to live with this virus. it is not going to go away, and if you've been one that is waiting to get vaccinated or one that is waiting to get a booster shot because you thought this virus is going to go away once enough people get vaccinated, that is not going to happen. you need to do your part, get vaccinated, get the booster shot to protect yourself and protect those around you and get to that point where we can get back to a more normal life while at the same time controlling this virus. >> doctors torres and gupta, thanks to you, thanks of course to monica and kelly cobiella as well and to kathy park. democrats are reeling, senator joe manchin dealing a massive blow to his own party's agenda. is bbb now doa. you're watching "andrea mitchell reports" on msnbc. hi, i'm steve and i live in austin, texas. i work as a personal assistant to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. [music: sung by craig robinson] ♪ i'm a ganiac, ganiac, check my drawers ♪ [sfx: sniffs / long exhale] ♪ and my clothes smell so much fresher than before ♪ ♪ yeah, yeah ♪ ♪ i'm a ganiac, ganiac, check my drawers ♪ ♪ it's a freshness like i've never smelled before ♪ one sniff of gain flings and you'll be a gainiac too! the only detergent with oxiboost and febreze. democratic senator joe manchin has now delivered a near fatal blow, if not fatal blow to president biden's agenda announcing sunday he will not support the nearly $2 trillion social spending bill, which would direct money to fight climate change, provide universal pre-k and extend the child tax credit. >> if i can't go home and explain it to the people in west virginia, i can't vote for it, and i cannot vote to continue with this piece of legislation. i just can't. i've tried everything humanly possible, and i can't get there. >> you're done? this is -- this is a no? >> this is a no on this legislation. i have tried everything i know to do. >> and he only gave the white house about a half hour notice that he was going on fox to do that. the white house then fired back. in an unusual statement jen psaki writing senator manchin promised to continue conversations in the days ahead and to work with us to reach that common ground. 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. wow, that is harsh. joining me now, nbc news senior capitol hill correspondent austin ghouls by, former top economic advisory to president obama and boston globe, senior writer kimberly atkins, and is garrett haake with us as well? garrett haake is with us. we're told it was authorized according to kristen welker's reporting authorized by the president, she was not off base at all not that psaki ever is. that's to emphasize the point that the president is upset. >> and this manchin radio interview was kind of all over the place. it had the same character of his hallway gaggles which our audience has become familiar with. manchin complained about pressure from staff, talked about discussions with the white house saying they know what he did to push him over this brink where he had to come out against this bill. he talked about the pressure he's been receiving from protesters and activists and suggested that nobody was going to push him around because he's from west virginia. and more substantively he talked about his concerns that elements of this bill were paid for by budget gimmicks, that sort of thing or that they didn't have work requirements or means testing. these are things we've often heard from joe manchin. a wide ranging interview gave us a little more insight into how he got to this point. still his decision to pull the rug out from under the rest of the party on sunday caught everyone by surprise that he was that close to the edge. >> and garrett, senator manchin has also voiced concerns privately to democratic senators about how parents would use the direct child tax credit checks and saying that it would be used for drugs. >> yeah, that's right. >> this is a program that is very near and dear to most all democrats and there is a lot of data showing that it has done more to deal with child poverty in the u.s. than any other program. >> that's right, andrea, a hugely popular program among joe manchin's fellow democrats. our team has subsequently confirmed that manchin has raised questions privately with democratic senators about his concern that these child tax credit direct payments that have been going out would be used irresponsibly by parents including he had said to some of these lawmakers that they would be used to buy drugs. now, i can tell you that there are democratic sources who are involved in these conversations or who heard about them at the time or afterwards, all tried to disabuse manchin of this notion. he looked at this program as it was free money without strings or guidelines or limits to it. it was something that always kind of rubbed him the wrong way as a government policy. now in the aftermath of this manchin blowing this up, you're starting to hear from other democrats leaking out perhaps all the things he was saying about this behind the scenes. >> kimberly, this reminds me of some of the inaccurate ways that recipients of government recipients were denigrated in the 1980s as, quote, welfare queens? >> yes, you took the thought right out of my head, andrea. that's exactly right. it sounds very much to me like a new version of this idea that people just want free benefit os so that they can either not work, sit at home, have more children in order to get more benefits or to somehow be in the system. when we have seen, particularly during this pandemic as you alluded to, that columbia university study that showed that this child tax credit reduced childhood poverty by 40%. these are children living in impoverished conditions, and it's very popular throughout the country including in west virginia, so to hear the senator repeatedly say he can't explain this to his constituents, this is something that his constituents really want that has been a benefit in west virginia, and so my only -- my only thought beyond that is that people are saying that this was a surprise. this took the white house by surprise and shock. senator manchin has been signaling that he has never been fully on board with this bill from the beginning and the fact that now he chose to pull the plug altogether on the network to give extra effect just seemed less of a surprise and more like him pulling the ultimate power move. >> against all this backdrop of course the stock market down 615 points at least. it's very volatile lately and markets go up and markets go down, and i know that that's not a measure of the real economy yet. that said it has a political impact and an impact on the way people feel, the feel good thermometer in pollings, do you feel better now than you did before, all of that, and the fact is that the markets are reacting to potentially omicron and the fear of covid, which is what's been -- you know, a political anchor, if you will, on joe biden for quite some time now. >> indeed, and the past shows that the real economy suffers when the virus goes up. i mean, there's no question about that. every time that's happened including one year ago in the november, december, january when we had the last winter surge, the economy slowed down. so for sure they're going to be concerned in the white house about the health impact and the economic impact of the virus. and if you're not going to have the kind of relief that would be in the build back better bill, that adds yet another uncertainty about the coming year, and you saw some of the leading economic analysts in wall street banks downgrade their forecast for growth in the u.s. upon hearing the news that build back better is not going to pass. i do think there is a little bit of wiggle room, though, in both the white house statement and the joe manchin statement, which he doesn't support this bill. he can't explain this bill because it's too many things. they better go figure out well then what can he support? maybe there are components of build back better that they still could pass. that's got to be on their mind at this moment. >> but austin, what about the inflationary concerns about build back better? you don't buy into that? >> joe manchin, senator manchin did express that he was afraid of the inflation impact. most of the economists didn't really see that because build back better did very little in the immediate term. it was kind of spread out over a number of years. if they shrink build back better into just those components that joe manchin would support and if they pay for them with taxes on high income people, i think the inflationary impact would be quite modest. so they might be able to get around that part of it. >> thanks so much to austin guls by, and garrett haake on the hill. awaiting her fate, the jury is set to get the case against former police officer kim potter after her emotional testimony friday. we're live outside the court. that's next. you're watching "andrea mitchell reports" on msnbc. reports" on m. at progressive, we love your pets as much as you do, like this guy in a hat. that's why progressive car insurance covers your pets for up to $1,000 if they're ever in a car accident with you. this mini majorette's gonna march her way right into your heart. -i'm sorry. can we stop? 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[ mittens squeaking ] emergency planning for kids. we can't predict when an emergency will happen. so that's why it's important to make a plan with your parents. here are a few tips to stay safe. know how to get in touch with your family. write down phone numbers for your parents, siblings and neighbors. pick a place to meet your family if you are not together and can't go home. remind your parents to pack an emergency supply kit. making a plan might feel like homework, but it will help you and your family stay safe during an emergency. the defense is in its closing arguments of the trial of former police officer kim potter. after her emotional testimony last week insisting she did not mean to kill daunte wright when she used her gun instead of her taser killing the 20-year-old. joining us now shaq brewster in minneapolis, and joyce vance former attorney and university of alabama law school professor. how are the two sides framing their closing arguments? >> reporter: well, andrea, we're listening to the arguments come in from the defense attorney right now, and at the heart of it is they're saying this is about daunte wright's actions. they're saying he had not made the decision to try to flee from police custody, that wouldn't have led to a chaotic situation that then led their client, kim potter to draw for a taser and instead use her firearm. meanwhile, you have the prosecution really starting this case by saying she is a 26-year veteran of the force. she should have known the difference between a gun and a taser, and her not knowing the difference is reckless and that's for count one, and for count two, the second degree manslaughter is negligent. so those are the two arguments that the jury are hearing right now, and i'll tell you, andrea, this day started with the reading of the jury instructions. the judge instructing the jury on what the law is and what are the elements that knead to be proven by the prosecution in order to get that guilty verdict. that's all that's happening right now. it seems as if the defense is closing out their closing arguments at this point. so we can be looking at this jury having this case in a matter of hours. andrea. >> thanks so much, shaq, and joyce vance, so you watched kim potter on friday. very emotional. do you think that helps or hurts her? it's mostly white jury. or is it just too hard to predict how a jury will react to that? >> well, the defense strategy in a case like this, andrea, is to appeal to at least one juror. if they can convince one juror this was a tragic mistake, not some form of carelessness, then that one person who refuses to vote to convict could hang the jury causing a mistrial, and although there could be a second trial, prosecutors never like to try their cases a second time. the evidence never comes in quite as good as it does the first time. of course the goal for the defense is to win an outright acquittal here, but the difference between a murder charge and a manslaughter charge is that murder requires proof of intent, and that's not at issue here. both sides can see that potter did not act intentionally. instead, what it comes down to is whether the defense can convince the jury that it was a mistake, that she didn't fail to exercise care, that she didn't fail to appreciate a risk she should have appreciated and act anyway, that it was nothing more than a mistake. >> thanks to both of you. we should be hearing something fairly soon, at least of it going to the jury. then we'll have to wait and see what they do. thanks so joyce vance, and of course thanks to shaq. coming up next, last ditch effort. democrats are going to force a vote on bbb despite senator manchin's final decision to vote against it. the question is why? i'll ask senator debbie stabenow coming up next. this is "andrea mitchell reports" on msnbc. i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. 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republican votes? >> well, andrea, it's great to be with you again, and i will say that it's been incredibly busy year, and this certainly is a very frustrating moment for all of us who have been working so hard. we've gotten so much done earlier in the year, and you know, everything to tackle the pandemic and get people through it and to the other side and now this piece which really deals with the long-term costs, and even though senator manchin has said he doesn't support the bill as it is, that doesn't change the fact that we still pay the highest prices in the world for prescription drugs, and i know he supports the provision that will cap insulin at $35 a month rather than a thousand dollars a month that many people pay. i know he supports the child care provisions to cap costs so that parents can get back in the work force, so there are a number of provisions. i think the question is what do we bring forward at this point in time? and that's something we're going to have to have a lot of discussion about. but the fact that families are paying too much in a whole range of areas and that build back better would lower those costs, that has not changed, and the fact that we have a climate crisis whipping through communities wiping out cities and destroying property and causing lots of -- that's not changed either. we're going to put our heads down, focus on the way that we get things done, but we really have no choice in america but to lead. we as democrats understand that these are really important times that require us to step up and find a way to come together on as much as possible and be able to solve problems that americans are facing every single day. >> one of the things that has been now reported and confirmed by nbc is that senator manchin has told people his opposition to the child tax credit extension, which as you know expires at the end of the year, that one of his objections is that he thinks families use that money for drugs. now, that goes against a study by columbia university that says this has been the most effective program against child poverty. isn't that an old urban legend that has been disapproved that those kinds of benefits are used by people inappropriately. >> those are very disturbing comments, as the person that is leading a bipartisan effort in the senate to have community mental health and addiction services, which senator manchin has signed onto my bill. i've talked to him about the fact that we need to address the opioid crisis. we need to be providing treatment that doesn't take the place of making sure that every child has the support they need to have food on the table, a roof over their head and to be successful. i'm sure the vast majority of people in west virginia like the people in michigan would take a child tax credit meant to support their children and use it to pay the bills and improve their quality of life. you know, we have a lot of tax credits for big corporations and wealthy people and i don't see people questioning how they're using those and this is the first time we as democrats have passed the largest tax credit for families with children ever in our country, and i think it's about time we put families first. >> and very briefly we've heard now that senators warren and booker both have had breakthrough cases. have you had heard of any more cases and what concerns do you have about the way -- the protections against covid in the senate as you've all been working together so closely. >> we are working together closely. people on my said of the aisle are uniformly wearing masks. unfortunately people on the republican side are not, which is also frustrating, but obviously -- they have both been vaccinated and received the booster which hopefully means that they will not have serious symptoms as a result of this. that's really what needs to happen. people need to get vaccinated. they need to protect themselves. we know that this new variant is extremely contagious, and we also know that it is not that serious if you have been vaccinated. so i would encourage everyone to do that as a christmas present. >> thank you again for being with us, and a happy holiday, merry christmas, happy new year to you and your family. and civilian casualties, the devastating "new york times" investigation when we come back. you're watching "andrea mitchell reports" on msnbc. reports" on msnbc. there's a different way to treat hiv. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider once a month. hiv pills aren't on my mind. i love being able to pick up and go. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems,...and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. ♪♪ ♪♪ a "new york times" investigation has found that the u.s. military has killed thousands of civilians, many of them children, in air strikes in the middle east since 2014 under two administrations. the jet deaths were blamed on bad intelligence and rushed targeting. the times reports it could not find evidence of disciplinary action. joining me now is ben rhodes, so good to see you again. let me give you an excerpt from the "new york times" reporting that shortly before 3:00 a.m. on july 19th, 2016, american special ops forces bombed what they believed were three isis staging areas in northern syria reporting 85 fighters were killed. in fact, they hit houses far from the front line where farmers, their families and other local people sought nighttime sanctuary from bombing and gunfire, more than 120 villagers were killed. now, apparently there was no disciplinary action, no, you know, follow-up, and that all of this reporting -- and they have multiple examples like this in the obama administration and the trump administration, now we see what happened in kabul, no disciplinary action during the american withdrawal when ten members of a family were killed under the biden administration. why is the pentagon not more forthcoming? >> well, i mean, look, andrea, first of all this is a heartbreaking report that everyone should read, particularly people in congress and people in positions of responsibility in the administration. and i think that, you know, part of the issue is a lot is being put on the pentagon from policymakers including administration that i was a part of, to do more through air power with less presence of american forces on the ground. and that clearly creates a higher degree of risk of civilian casualties that needs to be take more into account. then i think secondly, andrea, if there is never any accountabilityand one of the things that's quite staggestagg despite the diversity of the types of incidents you had civilians killed, the one constant is you never had any held krobl. you're not going to of the care taken necessary that accountability exists for. >> very fair point, and i appreciate your taking, you know, taking ownership of it to the extent that you and any other policymaker were involved. and what we hear is from the withdrawal of -- from the withdrawal of afghanistan that we could going to target from beyond the horizon without boots on the ground which makes it even less accurate and less precise in the targeting. >> that's right. and that tragic circumstance showed you even with a tremendous amount of american presence in kabul at that time, relative to other places, we got it totally wrong on that drone strike. a man trying to load up a car with water for his family. and it's almost -- i think it defied belief that nobody made any mistake in the process of executing that drone strike. i think what this raises is a question of using air power less, frankly. it's not something that we can just reach for as a tool wherever and whenever we want. it has very human consequences that are both humanitarian in terms of the loss of life, but also strategic to the united states over the course of the time in which we've been using this kind of air power, you've seen an increase in the total number of people who are taking up arms on behalf of some jihadist cause. the question is are we creating more people through radicalization as we're taking up the battle field. in terms of fixes, you need accountability at the pentagon. i think owe need stricter rules of engagement and trump came in and said the gloves are off. that sends a message to the chain of command that's not useful, and we have to shift to a circumstance in which we're doing this less just because we have the capacity to take a strike doesn't mean we always should. if we see something that is directly tied to a plot against the united states or clearly some isis army amassing, that's one thing. but these are much greater circumstances where strikes have been taken, and i think ultimately the only way to make sure you're not killing innocent children in those types of cases is not taking strikes unless you must take it and know who is there. >> and do you think there's any distinct between the use -- the -- some thought excessive use during the war on terror by the cia of drone strikes versus the pentagon. is it more or less or basically the same? >> it's complicated, but i think in these cases like isis, there is less of a framework put around by civilians, by policy makers. there's less of a framework put around when you can take a shot. there were lots of debates about micromanagement at the pentagon, but the question is the military is taking the drone strikes, are they doing it under the kinds of near certainty of no civilian casualties that govern the use of drones in places like yemen and somalia over the years, or is it a much looser rule of engagement that defers to commanders on the ground? what this suggests is we have to look across the board at what the guidelines are for air power and counterterrorism operations. how do you put in place greater protocols and accountability measures to reduce the loss of innocent civilian life? >> that suggests to me that this could be a moment to call for an outside review board just to look back with people like yourself, both administrations, different political parties, experts and all ways to look at the use of drones. ill really is something that -- it really is something that's crying for some independent look at this. >> totally agree. totally agree. >> ben, happy holidays to you. great to see you. >> happy holidays. good to see you. >> and the path forward in-fighting, democratic in-fighting. you're watching "andrea mitchell reports". that's next. re watching "andreal reports" that's next. out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take 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important for all democrats, house has already gone on record. the senate to go on record about whether they support child tax credits, expanded medicare, medicaid coverage. you know, prescription drug negotiation and all those priorities. take a vote. go on record, and then go back to your state and explain your vote. i think this is really important in moving forward, and we'll see where democrats come out at the beginning of january. >> doug, any chance that democrats could get a random republican to replace joe manchin, get this build back better bill back going forward? >> the answer is no. just as republicans couldn't get a democrat to support the tax cut bill which we now know has helped middle and lower income families. this is the partisan divide that we have in washington. i'd advised democrats to take things into individual pieces, put them up far vote. people don't know what's in the bill so you have to tell them, and voting one issue at a time may be one way for democrats to do that. >> donna, are democrats second-guessing themselves on how they spent all summer fighting among themselves, didn't pocket the infrastructure bill quickly enough to do any good to maybe virginia and georgia voters and now have nothing to show for it? >> well, i think there's a lot to show for what happened over this last year. from the covid relief package that passed earlier in the year to the infrastructure package. what they don't have is the president's agenda for a build back better. and they were led down the garden path even up until last week by senator manchin who has really put a piece of coal in the christmas stocking. and i think that democrats are dproing to have to go back to the drawing table, take a vote on this, and then figure out whether there's a strategy on some of these individual pieces that senator manchin says he supports. >> doug, are republicans now viewing that speakership and possibly the senate? >> with retirements, it's too early for republicans to measure curtains. they still have to build the house. compared to where things are in 2010 or were, it looks like republicans from in the driver's seat, and as long as inflation continues to build, it's to the republican's advantage politically. >> as long as covid continues to have more variants, because not enough people are getting vaccinated, which goes back to a lot of things that happened last year. that is for another day. that does it for today. thank you so doug and donna, and for this edition of "andrea mitchell reports". follow us online at facebook and twitter. garrett haake is in for chuck todd with "mtp daily" right now. if it's monday, democrats at the white house and on capitol hill try to pick up the pieces after joe manchin sends president biden's social agenda crashing to the ground leaving party leaders furious. and as another major crisis feys president biden, omicron. the variant is spreading like wildfire with one top administration health official warning we could see up to 1 million new cases every day here in the u.s. and later, we'll head to the courtroom in minneapolis as the jury prepares to decide the fate of expolice officer kim potter who is charged with shooting and ki

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