president himself. quote, we will continue to press him to see if he will reverse his position yet again to honor his prior commitments and be true to his word. we'll see what the white house has to say today when press secretary jen psaki holds her daily briefing in just 30 minutes. meantime, manchin responded to the backlash this morning in a radio interview with a west virginia station. >> i understand staff. it's not the president, it's the staff. and they drove some things and they put some things out that were absolutely inexcusable. >> manchin's reversal leaves his party frustrated and looking for any way to move forward. senate majority leader chuck schumer says the senate will forge ahead with a vote regardless of manchin's decision to force him to say no on the senate floor. manchin's refusal to support build back better has led to new scrutiny on the "why." why, in his own words, can he just not get there? new reporting confirmed by nbc news offers one explanation. manchin privately raised concerns to senate colleagues that parents could use the child tax credit to buy drugs, according to three sources familiar with the comments. and there are questions about manchin's connections to the coal industry as well. build back better would include the biggest investment in combating climate change ever. $555 billion. and the largest federal effort in history to limit energy produced by coal. it is worth noting that manchin earned more than double his salary last year from a family coal business he founded, a business now run by his son and that the senator says is in a blind trust for him, all of which, though, is completely legal. as for the people that manchin represents, we've been speaking with west virginia mothers for weeks on this show. here is what they have to say right now to their senator. >> i just heard the news about senator manchin's announcement to not support president biden. please, please, i urge you on behalf of myself and my two young girls and everybody else in the recovery community to please reconsider. >> families are going to be struggling. you're going to see families continue to fall through the cracks of the welfare system when a child is born and they don't have paid family leave, you're going to see that parent apply for the welfare system just to make ends meet during that time that they're off bonding with their child. >> two west virginia moms there. joining me is sahil kapur and punchbowl news co-founder john bresnahan. sahil, you caused this a knife to president biden's build pack build back better act. the white house has said that basically joe manchin lied to the president's face. what is the reaction own capitol hill to the senator? >> shock, anger, feelings of betrayal. there is some regret that they decoupled it from that infrastructure bill that joe manchin co-wrote and was keeply invested in, they believe that surrendered a lot of the leverage democrats had to ultimately get him to yes. most importantly, katy, there is a lot of determination among democrats to salvage whatever they can from this bill because the stakes are sky high, not only for president biden, whether history ultimately sees him as a successful president, not only for democrats who want to campaign on this in the 2022 elections. remember, this bill remains popular with a large majority of the country even as president biden's polls numbers have tanked to 40%. if for instance the child tax credit is not extended, it has cut child poverty by nearly half as the white house has frequently pointed out this year. that child poverty rate is about to go up again sharply if this bill is not extended. there is also the issue of climate change. the build back better act has more than a trillion dollars in investment to combat climate change. some experts have pointed out the planet will not stop melting while congress tries to get it together. democrats will try to keep together what they can of this bill. it will require, according to joe manchin's own words, making sure everything is paid for on a ten-year basis. it will mean painful sacrifices. notably, speaker pelosi who has been in this situation before in trying to wrangle difficult votes to get a major piece of legislation over the line, spoke moments ago in san francisco, didn't have a word of criticism for joe manchin, said she believes he cares about the country and that she remains confident he will get to yes on some version of the bill, katy. >> sahil, thank you. julie, any reaction from either the senator himself in west virginia or people down there to what nbc news is confirming that behind the scenes, in conversations with other senators about the child tax credit, he was saying that he was worried the money was going to go to drugs and not to kids? >> katy, i've been getting a lot of reaction today from the senator's office, from advocates and from people on the ground. i want to start with the advocates who have been texting me nonstop. remember, west virginia is one of the states worst hit by the opioid epidemic. some of them see his comments as completely tone deaf. his spokeswoman passed a statement to nbc news saying, senator manchin has made clear he supports the child tax credit and believes the money should be targeted to those who need it most. he has also expressed support for a paid leave program that has a dedicated, sustainable funding mechanism. obviously that last part, we've heard this in negotiations, senator gillibrand trying to get him to yes. he wants to make sure that people basically deserve to get these programs. i spoke to a bunch of people on the ground here on both sides of this issue. he's very popular in this state. obviously this state has been trending more and more to the right in the last couple of decades. take a listen to two people i spoke to today, one on one side of this issue and one on the complete opposite end. >> it's inconceivable that at christmastime especially, that he would leave 350,000 children in west virginia and their families without the certainty that they will have enough money to pay the christmas bills, that they will have enough money to pay their rent. >> i can barely put gas in my car as it is. i mean, 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. >> so, katy, you see people have different opinions here on this side of the issue. depending on where their priorities lie. i spoke to mothers here who told me that that last child tax credit payment they received on december 15th that made sure their kids got either extra childcare during the week or an extra pair of shoes for school, they're scared they won't be able to provide their kids with that in the coming year. people like wes you heard there, is concerned about inflation, is working multiple jobs, who relies on lumber, on gas to make ends meet. if those prices go up, he says we don't need help like the build back better legislation, we just need to control inflation in our state. >> joe manchin is in a red state, a state that does not support joe biden and this is a democratic piece of legislation. he's obviously voiced a lot of concern about it over the course of the last few months. we just reported what our hill team confirmed on the child tax credit, that he was worried that it would go to drug use. we've also confirmed another piece of an article from the huffington post, this one about the paid leave time. joe manchin was telling senators, according to our capitol hill team, that he was worried that the men in his state would use it to go hunting instead of spending time with their families. i'm wondering, politically speaking, does he risk offending his constituents, his state, with how little he seems to -- how little he seems to regard their ability to make smart choices for themselves? >> yeah, it's not the most flattering depiction of the residents of the state that has voted for him a number of times. he also is someone who, his critics are quick to point out, drives a maserati, which also doesn't seem to be in step with a lot of his fellow west virginians. he certainly doesn't feel like he has any political repercussions to suffer back at home. he's been elected there several times. this is a state trump won of course by almost 40 points. certainly he has to be mindful of a republican challenger. so therefore, you know, there's not going to be a democrat who beats him there and he's very fond of saying to his colleagues on the hill that if not me, you would have a republican. so you may not agree with me on everything but because i'm here and casting ballots for most of the biden and democrats' agenda, you have things like new judges installed and biden just in the last couple of days hit a high water mark for judges put into office in his first year. so i think that is part of the calculation here. it's also why a lot of people don't think that there is a real threat that manchin would change parties in part because his influence would dramatically be reduced, he would just be one of 51 republicans. that would give republicans the chamber but his own sway would dramatically decline, whereas now he is the linchpin of the senate. there is no overstating the anger at manchin from democrats. they still believe they can get something done perhaps down the road but they believe he looked the president in the eye and shook the president's hand and said, look, we can get there. and we reported today biden himself told confidants on tuesday that he knew they had work to do but he believed that in 2022 manchin would get to yes, which is why the white house was so blindsided by the senator's fox interview on sunday. the venue also raised eyebrows because they didn't see it coming at all, and the president didn't get a heads-up at all from the senator. >> i'm curious to see what jen psaki says and whether there would been interaction between the senator and the president since his interview on fox news. bres, you've been reporting on the senate for years, congress for years. >> so i'm old, is that what you're saying? >> no, you're experienced and wise is what i'm trying to say. >> thank you. >> i guess bring us into manchin's thinking here and why we would suddenly start hearing these sort of leaks about what he was saying in conversation, stuff that is not flattering, that does not show him having the highest esteem for the american public and especially his own constituents. >> yeah, these are clearly leaks meant to hurt manchin, that's for sure. i just want to play this back. this is -- it's not shocking to me that he's a no. it's shocking how he was a no, and his timing on a no. think about it, manchin -- you know, the house passes a $3.5 trillion bill, but manchin in july wrote a letter saying, i'll only do $1.5 trillion. and then you could tell in the last couple of weeks, manchin was searching for a way to get to no, frankly. it seemed like this. we had reported at one point last week, he was a no on the motion to proceed on getting on build back better, if they tried to bring it to the floor. he said it wasn't true, but it was clear that he was looking for -- you know, he wasn't going to back this legislation, not how it is. there were leaks he was against the child tax credit for a one-year extension rather than a ten-year extension, he didn't like all the gimmicks that the house had put in the bill to try to fit it in at $3.5 trillion. i mean, i'm just not shocked that he's a no. the bitterness, the wave of outrage is really surprising to me. and now manchin is -- you know, he's taking shots at the white house, the white house is taking shots at him. today on west virginia radio, joe manchin made clear what he wants to say. if you wanted this bill to pass, elect more liberals. which is what he's said before. i mean, it's fascinating, i think -- i feel like this is a lot like the mccain issue in 2017 when he voted against -- the late senator john mccain when he voted against obama repeal and sunk it. and the trump white house just went after him, went after mcconnell, there was bitterness. but at that point, they were able to pivot to tax cuts, which is something that republicans agreed on. democrats have nothing they all agree on. so they don't have that pivot. they really need to find some way to get manchin on board for something. >> i was going to ask about that. then also this floor vote that chuck schumer is going to hold regardless. i mean, that seems kind of, you know -- i don't know what the word is to say, tough against manchin, to force him to go on the floor and say no. it's hard to do that to somebody of your own party. >> well, listen, i mean, the thing is, first they're going to have a caucus tomorrow. they're going to have a special caucus tomorrow when i'm interested to see if manchin takes part in. it's a virtual caucus, the senate is not in, they'll have to meet online. i would be fascinated to hear what the other democrats say to him. i'm sure some of them are reaching out to him directly today. i know republicans are, to praise him. so, you know, we'll have to see how that goes. i do think it's not just manchin on those votes too, it's senator sinema of arizona. there are parts of this legislation -- and she never committed publicly to go forward with debate on this bill, though the white house considered that they had her. so it is fascinating to me, though, that these tidbits coming from the negotiations, it was clear, despite what the president says, we were hearing during the week that things were not going well between biden and manchin. and clearly the relationship between biden -- i'm sorry, manchin and schumer has deteriorated dramatically. they used to be actually pretty close. and now it's gone, so much so that he wasn't even negotiating with schumer, he was negotiating with biden. i just think we'll see what schumer actually does. schumer, you know, whether he puts these votes up, because i think there's a good chance he does something because he'll be under a lot of pressure to do it. also it's not just manchin who gets exposed on this issue. >> let's also not forget that this does affect millions of people. the child tax credit affects millions of children responsible for lifting kids out of poverty, what's going to happen to them now, paid leave, obviously, millions of americans wanted that. so politically speaking, this is, you know -- it is what it is, but remember, it does have real world impact. sahil, thank you so much. julie and jonathan lemire and john bresnahan, say hi to jake sherman back there, make sure he's working and not just googling. coming up, why donald trump is filing suit against new york attorney general letitia james. you've gotten vaccinated and boosted and now cases are surging again. what do you do? 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>> well, there have certainly been other people who have said that letitia james should recuse herself because of her political statements, that it's basically a matter of ethics. whether that can be converted into a federal court action, that's another matter. i think it would be very unusual for a federal court to block a state investigation. so, you know, i think the long odds here, you can tell the bad blood between these two parties from the statements that they've each issued separate from the lawsuit. but there's no question here that this lawsuit is an attempt to try to, first of all, at the very least, try to block this deposition that the attorney general has scheduled for next month. undoubtedly mr. trump's lawyers will separately trying to get that stopped in maybe a more narrow focused thing attacking just that one thing. >> i believe we've fixed cynthia's audio. cynthia, i'll ask you that question as well. what are the chances this lawsuit goes forward? >> zero. i think this is a stalling tactic lawsuit, and as pete properly identifies the issue, the federal court is not going to tell the state attorney general how to conduct her investigation. but i do agree there are some things she should not have been saying. ethically, as prosecutors, we don't usually comment in the manner that she's commented. but that doesn't change the power relationship. the federal court is not going to tell a state attorney general how to conduct her investigation. both of these parties have gone out of their way to slam each other in the press. the president has had statements until the last week, you know, calling her all kinds of names this week, and that's not helpful either. but i don't think the lawsuit goes forward. i don't think it blocks the subpoena on january 7th where he's required to appear to give testimony about the business practices in new york. >> we will be watching for that. cynthia alksne, thank you so much. pete williams, thank you as well. coming up, omicron is surging. but are we measuring the risk correctly? 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"we are intent on not letting omicron disrupt work and school for the vaccinated," the administration said over the weekend. "you've done the right thing and we will get through this. for the unvaccinated, you're looking at a winter of severe illness and death for yourselves, your families, and the hospitals you may soon overwhelm." joining me now is nbc news correspondent kathy park from new york city. nbc news foreign correspondent kelly cobiella from london. and dean of brown university school of public health, dr. ashish jha. everybody, welcome. kathy, walk me through what we're seeing in new york. closures on broadway, not all plays but at least some. restaurants are closing. dining in being forced out, take-away only. everyone feels like they're in a panic mode here. >> hey there, katy. that is right, everywhere you look it seems like things are slowly being disrupted because the omicron variant is tightening its grip. i'm in front of a testing center here in manhattan. you don't see a line here anymore because earlier this morning, they said they had a capacity of only 150 patients to see, as far as moving forward with covid tests. as you can imagine, those slots filled up quickly. folks said they waited several hours just to get a covid test. that seems to be the issue we're seeing all across the city. take a listen. >> they told us they're not accepting anyone until 11:00 tonight. they're booked, they have 150 people in line already. and it's not even 10:00 a.m. so far today, this is the only one. i'm going to try some of the mobile vans to see. what i like about this is they have the rapid. a lot of the vans don't have the rapid and a lot of the stores are sold out of the rapid as well. it's been frustrating to say the least. >> and katy, we heard from the mayor earlier today. he said that they didn't realize how quickly the variant would spread and take hold in the city. but he addressed obviously the choke points all around. he said they will be adding more testing locations this week. they'll be distributing more at-home tests. and they'll be doing a lot more quality control moving forward, obviously because there are a lot of choke points and a lot of issues that people are running into, as we get into the holiday season. >> i know people who have had to cancel their holiday plans because they needed a test to go out of the country and they haven't been able to do that because the testing sites are overwhelmed. kelly cobiella, things overseas don't look any better, in fact they look worse. germany has said no to overseas travelers, so has france. it's spreading rapidly out there. are we seeing a rise in hospitalizations that meets that spread of the caseload? >> i guess it depends where you look, katy. if you look at the netherlands to start, the prime minister locking down the country as of yesterday to protect hospitals. he said it was unavoidable, and in any other situation they would have an unmanageable situation in the hospital system. that gives you some idea of what countries are dealing with. as you mentioned, germany is closing its borders. they're seeing a big rise of people coming to icus, filling icus, and emergency rooms are also seeing hospital staff going off sick, having to self-isolate because they're testing positive. in france, the prime minister there saying the omicron variant is spreading lightning fast across europe. 28 countries now confirming that they have this new variant present in their countries. and there is a real concern about hospital systems once again, even though we don't quite know -- scientists don't quite know yet just how serious, how difficult infections with omicron will be. there have been sort of varying results depending, again, where you look. here in the uk, prime minister boris johnson called an emergency meeting of his cabinet today. they met for a couple of hours. there are already work from home orders in place here and mask mandates. the question on a lot of people's minds is, is christmas going to be canceled again, will there be more restrictions put in place? the prime minister said late this afternoon, no, not just yet. but we're looking at the data day by day. and worryingly for people here, he also said there's been a sharp rise in cases, and that hospitalizations in london are also rising steeply. so this is something that could change really in a couple of days, katy. real concern about the nhs hospitals being overwhelmed. >> okay, dr. jha, let's bring it back home here. if you're vaccinated and boosted, you've done all the things, you've done everything you've been asked to do and yet places are still shutting, you're still being told you maybe shouldn't get on a plane or shouldn't see people who haven't been vaccinated or you can't work from your office any longer. it feels like even though you're doing all of the things, you're still paying for the choices of those who refuse to get vaccinated. >> so first of all, thanks for having me back. obviously an incredibly frustrating moment two years into this pandemic. i would say people need to think about two things. one is our own individual risk. and the second is thinking about the broader societal situation. individually, if you're vaccinated and boosted, you're not in march of 2020 anymore. you may get infected. this is a virus that's very contagious. but you're going to do fine. we've not seen vaccinated, boosted people get particularly sick from this. i hate to even say this but it might be milder than the flu for vaccinated, boosted people. the problem is there are a lot of americans who are unvaccinated. plenty of americans were vaccinated but not boosted and in the high risk category. and they're getting sick at much higher numbers. and we all live in one country. so when people get sick, hospitals get overwhelmed, we all end up having to manage that. so everybody's having to deal with the fact that many americans remain unvaccinated or undervaccinated. >> i understand that, but former president donald trump over the weekend told many of his supporters to get boosted and he was booed. there are people in this country who are not going to do it. they're just not going to do it, period. and at what point, at what point do you have to say we can't force the people who have done all the things we've asked them to do to suffer any longer because you just refuse to believe in science. >> yeah, look, people who are not vaccinated, they're going to end up getting infected. that is the reality at this point. it's going to be very, very hard. i don't mean kids, by the way, kids under 5, if the older kids around them and the adults around them are vaccinated, we can protect them. but adults who are not vaccinated, most of them will get infected in the days and weeks ahead. that is the reality whether we like it or not. so many people are going to be infected that we'll see disruptions for the next month or two. this is going to get better as this only wave, which is going to be very, very rapid ascent, i think will have a rapid descent. and i'm hoping that by the time we get to february, this will be starting to feel like it's much better and maybe even in the rearview mirror. >> what is your expectation for more variants on the horizon? i know it's not in the virus' interests to become more deadly, obviously it doesn't want to kill its host, the place where it lives. but this is the third major variant that was highly transmissible, that has overtaken the variant before it. what should we expect to come after omicron? anything? >> first of all, this virus has continued to i think evolve in very significant ways. most evolutionary biologists who are tracking this closely don't think the evolution here is done. but there are two sets of things that are happening. so even if the virus evolves further, we are gaining more and more population. part of the reason why many of us are vaccinated and boosted and are in much better shape is because we have had that level of immunity. this virus will add more immunity to our population. there may be future variants but we're going to manage our way through it and get through it with less and less sickness and death. that is the goal. and i think that is where we're heading. the virus will be with us but we'll learn how to live with it without overwhelming our hospitals and without having thousands of americans die every day. >> you're saying at some point we'll be able to live without thinking about it, is what i'm hear from you, i hope that's what you're saying at least. dr. ashish jha, thanks so much for being with us, happy holidays to you and to kathy and kelly, sorry, i blanked on your name, my friend kelly from overseas, happy holidays to you guys as well, i hope you get a little bit of time with your families. coming up, the jury begins deliberations in the kim potter trial while another jury debates the case against elizabeth holmes, once lauded as the next steve jobs. bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ you might have looked at your clock and noticed it's 2:43. we're still waiting on that white house briefing from jen psaki. it's now delayed a little more but we'll go there when they begin, i'm very curious to see what the white house has to say about senator joe manchin. we just got an update, it is now a 3:00 p.m. start. so we will have to wait a little bit longer. in the meantime, jury deliberations have just begun in the trial of former minnesota police officer kim potter. potter is charged with manslaughter in the killing of 20-year-old daunte wright during a traffic stop earlier this year. potter has insisted she meant to draw her taser and not her gun on the day she shot wright. in today's closing arguments, the prosecution tried to convince jurors her mistake, though, was criminal. >> it's not just a tragedy. it's manslaughter. that she was an officer does not make it okay. that she was on duty does not make it okay. that she shot him with her service pistol does not make it okay. her actions were rash and reckless and what she did was wrong. >> while potter's defense argued if not for the actions of daunte wright, kim potter would have never reached for any weapon. >> that's what caused this whole incident. if he would have gone with the officers, been handcuffed, go to the squad car, go take a ride downtown, and it's over. everything after that, the officers did, they did to try and restrain him, try and stop him from leaving. >> joining me now is nbc news correspondent shaquille brewster from minneapolis and georgetown law professor and former federal prosecutor paul butler, also an msnbc legal analyst. so shaq, just to remind everybody, when this traffic stop happened, daunte wright stepped on the gas. the car started to speed away. and that is when kim potter says she mistook her taser for her gun and shot him. have we gotten any reactions from the jury to these closing arguments? >> you know, surprisingly, we did get notes from reporters in the room, but surprisingly, from the testimony last week when kim potter was on the stand and even today, during those closing arguments, there wasn't much reaction that was noted by those reporters in the room in talking about the jury. it remains to be seen. one of the notes said they watched the poker face, both the closing arguments from the defense and the prosecution. katy, one thing that was clear that you heard today around the arguments was the reading of the jury instructions and how those jurors should be applying the law. and you had both attorneys try to use the phrases in the law to make the jurors believe they should go their way. i want you to listen to these arguments on whether kim potter's actions were conscious and intentional. >> an intentional act or intentional conduct, as you'll see in the later instruction, just means some voluntary act, not a reflex. some choice you make to act or move your body in a certain way, like putting your hand on a weapon, like putting a piece of paper in your other hand, un hols tering a weapon, pulling the weapon, pulling the trigger of the weapon. each and every one of those things in, of, and by itself is an intentional act. >> how can you recklessly, consciously handle a gun if you don't know you have it, if because of the exigent circumstances, the emergency, whatever it was, the mistake, it's totally believable, totally true that she didn't know she had her gun. >> the law that the jury has back in their deliberations room, they've been deliberating for about an hour at this point, says that the action needs to be conscious or intentional. so that just gives you a sense of how much they're going to be having to weigh the legal text with the evidence that they saw. we also know in that jury room there will be a computer with all of the evidence that was admitted in this trial and a monitor, so they can watch what was happening almost frame by frame if they wanted to. they will be deliberating, we suspect, for some time as there's a lot of evidence they have to work with. >> paul, conscious or intentional. last week we were talking to another paul, paul henderson, whether he thought the prosecution was doing a good job, and he said the prosecution is falling short and he expects kim potter will be acquitted. what is your take on how this has gone? >> so katy, to convict ms. potter of manslaughter, prosecutors don't have to prove that she intended to kill daunte wright but only that she was reckless or negligent. and the prosecution has emphasized how different a taser looks from a gun, to make the point that no reasonable officer would make the mistake that potter claims that she made. in its closing argument, the prosecutor really focused on the fact that when ms. potter shot daunte wright, she didn't immediately try to help him as he lay dying. instead she burst into tears and said "i'm going to prison." so that's now in the hands of the jury. the prosecution and the defense agree ms. potter made a mistake. but the defense says a mistake is not a crime. >> so paul, should we read into anything for how long this takes? i know we always wonder, short deliberations mean "a," long deliberations mean "b." what do you expect? >> i expect that the jury is doing its job now. it heard very compelling, emotional testimony from ms. potter. she's a very different witness than officer chauvin who was convicted of killing george floyd. when potter testified, she talked about how she wanted to be a cop all of her life, she's a working mom, she has a son who is a marine. on the day that she killed mr. wright, that was the first time she ever discharged her gun or taser in the line of duty. katy, none that have is a defense to manslaughter. but the defense knows that sometimes jurors will give defendants a break when they're police officer because they think even if they made a mistake, they were just trying to do their job. they think even if they made a mistake, they were just trying to do their job. >> paul and shaq, thank you gentlemen very much. appreciate it. up next, she was once celebrated as the next steve jobs. now she could be arrested for her blood testing setup. rrested her blood testing setup. tasted so good. try centrum multigummies. wow... that's so nice! is that a photo of tepechitlan? yeah! the gift of ancestry®, is a walk through your history. do you remember who this is? it's a gift that surprises you, moves you, and bonds you. ...papa? i can see the nose and everything. she was the original strong woman. i know. this holiday, give the gift of family. give the gift of ancestry®. ♪ [ echoing ] some of us were born for this. to protect people. to help them save. with a home and auto bundle from progressive. ahh. i was born for this. and now it's prime time. cut. jamie, what are you doing? you're not even in this one. i thought it was thursday. sorry. -it is. -i thought -- i thought it was last thursday. at last jury deliberations are underway for theramos founder elizabeth holmes. the panel will now decide whether holmes purposely defeated customers out of billions of dollars, or if she was a frail businesswoman who got in over her head as she failed blood test technology. joining us, erin mclaughlin. erin, there is a fascinating story. it's not a case we've been following too closely, but everyone knows who she is, this blood testing technology. she could test you for all kinds of diseases in the future, and it turned out to be a whole lot of nothing. >> reporter: that's right, katy, and the jury has been deliberating for eight hours. it's made up of four men and eight women with two alternates. one juror was dismissed during the trial for playing sodoku. for much of the trial the jury has seemed very interested in the case. last week one of the jurors asked for a new pen because they had been taking extensive notes. now, there has been a lot of testimony and evidence during the course of trial. 32 witnesses over the past three months, 11 charges total. a lot for the jury to consider because they have to come back with a jury on each charge. it is unlikely they will return a verdict today. the jury has to determine not only if elizabeth holmes conducted fraud or if she intended to cheat people out of hundreds of millions of dollars. katy? >> any indication of when we might hear from them again? >> they're going through hours upon hours of testimony, including the testimony of elizabeth holmes herself, which was extraordinarily emotional, lasting for days. it's a lot of material to get through. there is a lot of charges. so we're not expecting a decision today, but you know, juries are unpredictable. could really happen at any point in time, but seemingly likely to happen by the end of the week. >> erin mclaughlin. erin, thank you so much. that is going to do it for me today. hallie jackson picks up our coverage, next. ie jackson picks coverage, next nyquil severe gives you powerful relief for your worst cold and flu symptoms, on sunday night and every night. nyquil severe. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, best sleep with a cold, medicine. 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. with tylenol dissolve packs. when our daughter and her kids moved in with us... our bargain detergent couldn't keep up. turns out it's mostly water. so, we switched back to tide. one wash, stains are gone. 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