Transcripts For MSNBC Hallie Jackson Reports 20240709 : comp

Transcripts For MSNBC Hallie Jackson Reports 20240709



daunte wright. >> in the matter of state of minnesota versus kimberly potter, court file 26-cr-2174 0, we the jury on the charge of manslaughter in the first degree, while committing a misdemeanor on or about april 11, 2021, in hennepin county, state of minnesota, find the defendant guilty. and the verdict was great to tut hour of 11:40 a.m., and signed by the jury person on 12/23/21. the verdict on count 1, we the jury, on the charge of manslaughter in the second degree, culpable negligence, on or about april 11, 2021, in men pin county, state of minnesota, find the defendant guilty. despite pleas from potter's lawyers for he to be released, the judge said she cannot treat this case any differently, and said she will remain in customer by. kim potter will remain in custody without bail. joining me from outside the courthouse is shaq brewster, civil rights attorneys kristin a. and david henderson and charles coleman. shaq, you've been outof that courthouse now for this entire trial. there hasn't been much of a crowd out, but we are seeing with you now. what is the reaction? >> reporter: there's a group of about 30 or so people, a group that -- started instantly after that verdict was initially read. just so you know the scene out here, this has not been a place where you see a lot of people as the trial was happening. today is much different, and some people are talking about the celebration and the surprise they felt the jury deliberated for more than 27 hours, they saw the message from the court early today, but they're saying they're now surprised by it. i want to introduce you to someone said she was driving by had her family, lucy is your name. you stopped here when you heard the ver. why did you come here? >> i mean, this is hopefully a turning point. i think it's as important as a while person to do what i can. >> reporter: you told me earlier you were surprised when you heard this ver. explain that surprise. >> like people have been saying, the jury was -- wasn't people of color, and it's surprising, and also because they took such a long time. so, like, people of color don't get justice, that's why i was surprised. >> reporter: i talked to someone else who said, unlike the chauvin trial, this isn't one that everyone was watching every moment of. was that the same for you? >> well, my mom was kind of tracking it, so i was a different kay. >> reporter: do you feel few the community was talking about it a lot? >> no, not to me. >> reporter: why do you think that was? >> i don't know. >> reporter: your final reaction. what was year immediate reaction? >> i was just grateful. >> reporter: thank you so much. this is the same exact court where we heard those three verdicts just a couple months ago, and one difference you saw throughout the trial is the police testimony in this trial actually favored kim potter much of the time. derek chauvin, you had the police chief at the time come up and talk about derek chauvin, saying that did not comply with policy, while in kim potter's case, the former police chief said he didn't see any violation of policy. despite that, the jury came down with the two individuals of guilty of manslaughter. >> i want to talk about what message this sends to police officers around the country. chauvin was a pretty clear message, an extreme eegregious crime. not was arguing she doesn't make a mistake, just arguing on the reqlessness. if you are a police officer in brooklyn, new york, what is your takeaway from an outcome like this? >> indicate write, wet weather hyperbole, pretty much ever, i think it may prove to be more impactful than the chauvin verdict for many of the reasons you just mentioned. if i'm a police officer, i'm thinking this is a new day in law enforcement, a in conversation around accountability, this is a new opportunity to revisit and reimagine how things are done and how things are approached in terms of holding police officers responsible. i think this has to prompt a bigger and broader conversation across the country how we deal with law enforcement and how we hold them accountable. the jury send a message that they should not be able to simply make mistakes that results in the loss of human life. law enforcement officers should be taking close notes to understand that people are paying attention, they're concerned and they're willing to hold people accountability for the ways in which they do their job. >> how will this change training? i ask that, because there was a warrant out against daunte wright at the time. they tried to handcuff him. if you are training an officer right now after a verdict like this, what do you do with a case like this? it's more complicated that is the derek chauvin cut-and-dried case. what do you tell police officers -- she mistakenly grabbed her gun instead of a taser. a jury found that req his, yes. what do you tell a police officer when ear training them for a stop like this? i'll put that to you again, charles. >> from the perspective of a former prosecutor, you i can tell you what we had threshold issues. the first question is, the reason for the stop. i think it was david to alluded to the idea earlier that kim potter during her own testimony said in, not so many words, daunte wright had been racially profiled for the stop. the psychology around how you engage the use of force, in this case, it's seriously questionable, and i think the prosecution did a very good job with use of force experts in terms of establishing the type of force that kim potter even thought to engage was necessary, and u89ly the prosecution led in the meantime to the conclusion it was in fact not. before you even get to the notion of, did i use my taser? should i have gone through these steps in my head? this was heavier on my right side or left side? you have to deal with these threshold issues that deal with escalation. all of these things have a factor, when officers are reaching for a service weapon. that's where i think you have to start. >> so back to even before you get to this point. david, i do want to hear you weigh in on that as well. katie, i'm going to echo what i have -- what charles said. i have trained officers. the message here is, don't let your default be aggression and force in the first place. my legal analysis changed after i heard kim potter testify. as she testified, my impress was that she did want to hurt daunte. it appears to me she got involved in the stop the way she does, because she wanted to be the person to getening independence control. people resist arrest all of the time. if you're ever in a position to review reports, police resist all the time. they pull away. when you have a young person who panics, they try to run. part of what we always consider when we talk about assaultive crime, given the circumstances at the time that the derek chauvin trial was going on, it was reasonable that daunte was afraid of being put in cuffs. especially when they refuse to answer questions why he's being arrested, so showing some compassion here, not letting force be your default, possibly daunte could still be alive. he was pulled over because he had an air freshener from his rear-view mirror and expired tags. tlofs a big argument about whether that's grounds to pull somebody over, especially the air freshener. kristin, from my conversations with prosecutors and defense attorneys, putting a -- putting a defendant on the stand is extremely risky, but we've soon a for you of them lately go to try to defend themselves. what did you make of her testimony? do you think as david thinking, that that was ultimately what did her in? >> i don't know if that's what did her in. i think david and i disagree on how the prosecution put in their indication, but i think it was unhelpful for the defense, for many reasons. one of which is the fact that i don't know if the remorse she showed overcame the video, which basically showed her, as daunte was over there, shot, bleeding which she was aware of, while he was dying, she didn't render aid or call authorities. she didn't take any affirmative steps to make sure the individual, the passengers or the individuals in the car that daunte wright's car hit were okay. instead, she sat on the ground and cried, i'm going to jail, oh, my gosh, i. i. i. all fofocus, in the last segmen we were talking about excited utterance, and those were the real statements before she had an opportunity to be prepped by a defense attorney, before she had the opportunity to think it through on what is the best thing for her to state to a jury. ultimately, i think the crocks of kim potter was impacted that she was able to see his address, such that if he did get away, they would be able to find them. there was no real reason for her to pull out the gun. i think that the video testimony also countered her main argument, which was that she saw fear in sergeant johnson's eye. >> kyle rittenhouse testified in his defense, found not guilty. the jury was sympathetic to kyle rittenhouse. charles, i want to ask, was there anything in this trial that you saw could be grounds for appeal? >> not really. i think if the prosecution had done a few things differently, you know, there were places that i thought they ran close to the line, but nothing i feel like would be constituting reversible error. i think the judge ran very tight ship, one that wasn't necessarily going to garner questions from the outside, or would ultimately result in an appeal. i think that it is possible that kim potter's attorneys may look to talk about the politicized nature of the trial, but i don't think there was any that surface through the trial that may have influenced the jury in such a way that this verdict was not fair and impartial. i'm confident this is likely to stand going forward, if there is a way for the defense to find grounds for appeal. there have been instanceses of weapon confusion in the past, but the time reports at least three officers have been convicted in cases where they said they confused their gun with their taser. in two of those cases the perch they shot died. there is precedent for this. i wonder, because of that precedent, should we be so surprised that this is what a jury found? >> well, katy, we have to keep in mind the facts of the cases. in fruitvale station, an officer claimed he confused, but the person he killed, was lying facedown with cuffs behind his back and he couldn't reasonably argue any use of force was necessary. for me the reason why i find this a surprise, because of the evidence the prosecution presented here. in derek chauvin's trial, their use of force expert, testified it's illegal for officers use use taser -- the expert here said something different. the expert testified in this case, i think the outcome makes sense as less surprising, but keep in mind, this is many cases coming down the pipeline. those officers will also be tried, and in this context, this verdict is huge. >> i wonder if they were charges brought against the officers who shot breonna taylor, that's one high-profile case we haven't seen, because the officers or attorney general there decided not to press charges. kristin, i'm just curious, when we're looking at the appeals. i know i asked charles this question, we're coming up against the christmas holiday. there were questions earlier on if they couldn't come to a decision what happens. i wonder, does the defense have grounds to appeal based on maybe the perception that they were rushed through this in order to go home for christmas, because they were sequestered? >> sure, absolutely. given that kim potter is likely to see substantial jail time, probably around seven years, yeah, she'll make probably that an appellate point. but is it reasonable? the judge made it clear they didn't have to rush, they would be able to take off and come back. they wouldn't miss their ability to hang out with their family over the christmas break, so i think it probably will be raised just because a defense attorney will raise any and all potential issues, but i don't think it will be enough to say reversible errors. all right, everyone. we have a press conference from the attorney general keith ellison coming up in a few minutes. we're going to sneak in a quick break, come back on the other side and continue our discussion. kim potter is guilty on two counts. stay with us. m potter is guilty counts stay with us okay, everybody, let's do a ticket check. paper tickets. we're off to a horrible start. ...but we can overcome it. we're not gonna point out our houses, landmarks, or major highways during takeoff. don't buy anything. i packed so many delicious snacks. -they're -- -nope. would you say, ballpark, when group two is gonna get boarded? 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♪ ♪ yeah, that's more like it. kim potter found guilty on two counts in the death of daunte wright. back with me is civil rights attorneys kristin gib sons, and david henderson, also analyst charles coleman. we're waiting on attorney general ellison so hold a news conference. david, what do you want to hear from him? >> i want him to say he put hi heart in this case, and hopes to makes changes in other jurisdictions. we were talking about whether this would go to changes across the board. it's important to note it hasn't. ag keith ellison has made sure his office is doing the right thing, but this needs -- lawyers aren't creative people. -- >> so sorry to interrupt, but here is the attorney general. >> it could have been, had he had a chance to grow up. at 20, daunte could have done anything. maybe he could have gone into the building trades, maybe started a business, what we know is he was a young new dad, and he was so proud of his son daunte junior. we know that he loved his mom, and he loved his dad, and he loved his siblings, and his big beautiful family. he had his whole life in front of him. he could have become anyone. all of us miss out on who daunte could have been. no one has missed him more than his parents, katie and aubrey. and their children. i'm very mindful today that there will be an empty chair at the wright family dinner during the holidays. that saddens me, and once again, i extend my deepest condolences to you. with the jury finding kimberly potter guilty today of manslaughter in the first degree and manslaughter in the second degree, in connection with daunte's death, we have a degree of accountability for daunte's death accountability is not justice. justice is restoration. justice would be restoring daunte to life and making the wright family whole again. justice is beyond the reach we have in this life for daunte. but accountability is an important step, a critical necessary step on the road to justice for us all. i want to thank the jury for their careful attention and their deliberation, and for their service to the people of minnesota. i want to thank all the witnesses who testified and came forward with what they knew about this case. i want to thank my remarkable team. when i took this case, i said it would be difficult to prosecutor, because history has shown trying cases like this one is difficult. this team did not shy away from the challenge, and the people of hennepin county and the american people, and the people of minnesota, what they saw in the courtroom was the fruit of many, many hours of labor and hard work and plan. for my office, i said to thank mr. matthew frank. i want to thank erin eldridge. i want to thank eric miller and david voight and dionne dyde, but this team wouldn't be much of anything if not for the amazing work of joshua larsen raul shaw and ver nona boswell. i also must thank colleagues who did not work on the legal matter, but worked on the community, and that is john styles, keion dilsty and everyone. thank you for your hard work. i want to thank the many staff that the bureau of criminal apprehension who worked on this case, the state of of the hennepin county attorney's office and washington coat's district attorney office. and drew eastern and people who testified in this case like agent phil. the next step is sentencing, all i will say is we look forward for the court setting a calendar date for that hearing. at that time we will make our propose arguments within the context of the court hearing. i think we have a date, do we not? my thought are wish ms. potter today, but it was our responsibility to pursue justice wherever it led, and the jury found the facts. my thoughts are also with those who work in law enforcement and public safety. we hold you in high regard, and we also hold you to high standards. we don't want you to be discouraged. your community respects and appreciates you. we want you to uphold the highest ideals of our society and ideals of safety. when a member of your profession is held accountable, it does not diminish you. in fact, it shows the whole world those who enforced the law are also willing to live by it. that's a good thing. it restores trust, faith and hope. well, in the words of daniel soret, who writes on justice issues, just exists when all -- that is consistent with the humanity of everyone involved, and in the interest of the greater good. the humanity of everyone involved, includes humanity of community members, includes the humanity of police officers, and when that standard of justice is not upheld, it must be the job of a prosecutor to step up and step in and attempt to uphold it and uphold the principles that no one is above the law, and no one is beneath the law. finally, my thoughts are with the community of brooklyn center, and all communities that hunger for better relations between police and the community, and for everyone to get home safe at the end of the day. i hope today avert provides a measure of healing for all of them. i thank you, and we can take a question or two. >> reporter: this is craig donovan 27 hour, what was going through your mind -- >> that the jury was taking it seriously, that they were going through every bit of evidence, that they were not leaving anything to the side, and that they understood this matter was of tremendous importance to the wright family, but also to the potter family, to the entire community. i thank them for their service. they want questions for the wright family. is that okay? >> reporter: what were you feeling when you heard the world guilty, and what are you feeling now, as you processed this? >> oh, my gosh, um, the moment we heard guilty on the manslaughter 1, emotions, every single emotion you could imagine just running there are your body at that moment. i kind of let out a yelp, because it was build up in the what was to come. now we've been able to process it. we want to thank the entire prosecution team. we want to thank community's support. everybody who's been out there who supported us in this long fight for accountability. >> reporter: what dunk of ms. potter when she was on the stand last week? >> i would rather now answer that question. >> the tremendous details, what do i think? i'm going to keep it short. >> mr. ellison, did you expect former officer potter to take the stand? do you think that helped or hurt year case? >> they said from the beginning she was going to testify. they said in jury selection, and she had -- she expressed herself immediately after this tragic incident on the sandy. now too surprised. look, i think it is a good sign that she -- she was remorseful. i mean, what decent person wouldn't be brokenhearted and sad if they were involved in something like this. so i wish nothing but the best for her and her family, but the truth is, she will be able to correspond with them and visit with them, no matter what happens, but the wrights won't be able to talk to daunte. >> reporter: two high-profile jury verdicts in this year. what do you think that says about police accountability? >> i think the juries admire police, they respect them, and they want to make sure that high ideals and standards are maintained. >> reporter: pud a state witness testify that they may have used deadly force in a similar situation. were you expecting one of your own witnesses to say that? did you think that would be a hurdle to overcome? >> i think you're referring to the officers on the scene? yeah, we did call them. well, we had confidence in the law and the facts, and we were very confident that there was going to be clear testimony, and he did. i think that's what we have time for now. >> reporter: what kind of sentence do you think you'll be calling for? >> a fair one. sorry, i can't by more specific, but the main thing about sentencing is the wright family will be able to make a victim impact statement. the most important thing that i be really for the first time they'll be able to talk about how this tragic incident impacted them and their lives. thanks a lot. attorney general ellison saying he wants a fair sentence. you also heard from katie bryant and aubrey wright, reacting to the verdict, saying they have gotten justice. listen, this was a complicated case. everybody says it was a complicated case. eastern attorney general ellison said clearly kim potter is an okay person and was remorseful, and any pen would be, and he wishes the best for her and her family. charles, when we are looking at -- i know we have talked a lot about training. i'm interested to understand what's going to happen when police officers pullet splb over, or get into a situation -- i notice people try to get away all the time, but get into a similar situation as the one with kim potter, and they're driving a car, what would be the calculus? do i let this person go? do we try to find them at a later time? we have the license plate, we know who it is, i'm not going to escalate this further in the moment? it directly relates as it relates to communities of color. why do i say that? why do i bring race into the conversation? the facts are police manage to pull white people over every day without incident. it's not as though those people resist arrest at any greater oar lesser rate of people with color. somehow we seed they incidents repeated with communities of color. the relevance that ha has is when you talk about a culture shift in policing, when you talk about what it is to detoxify american law enforcement and culture, you have to have a conversation about perception and accountability. if that is not maintained through its leadership. this was a very important step in establishing the kind of accountability that can prompt culture change, change the paradigm of american policing. now you're discussing mindset, what you know are the consequences for certain actions when you are in a situation, where you conduct a vehicle stop. if you talk to officers, they will tell you, the two most dangerous situations that you can encounter as a police officer, number one, a traffic stop, number two, stopping to a domestic violence call. both of them dictate the unknown. we have sympathy and understanding, in terms of the difficulty of the job that police face when they are pulling over a vehicle. however, this still has been to be a level of accountability, which police have already shown they can exhibit when it comes to dealing with certain people. now that we have accountability across the board, or as we begin to have greater account act across the board, hopefully that culture shift will take root in a way that chooses different actions in regards to the use of force. >> perhaps no better example of that than the series of young white men who have been school shooters, who have been arrested without incident, who have been heavily armed, and yet arrested without incident. kristin gibbon, the attorney general made a point that it doesn't mean we're not going to continue to enforce the law, but it means -- >> he made a really -- i think he made a lot of great comments about the community as a whole. we need to kind of bootstrapping on what mr. palmer was saying, we need to start looking at people as human beings. if we're capable of making stops without incident for one set of human beings, we're capable for making it for all sets of human beings. black people are not scary. they're people, right? when you see a black person, why is it your automatic initial thought to pull out a gun. again. this is not just state, but all police officers. that's not what i'm saying, but there needs to be a lot more effort in terms of training for deescalation. what happens when a police officer -- police officer is afraid, when he field threatened? should they automatically pull out their gun? no. there's weapon confuse, we all know, but they with threaten in different ways and perspective can be off. what way do we balance athletes, while keeping people safe 57d keeping police officers also safe. so i like how he focussed in on the community, focused in on mr. wright and ms. potter's family as well. try to train officers about seeing people as not being scary of all races. david, i want to give you the last word before we move on to the other news of the day 689 i think overall we'll have to address the mentality in which policing is approached. you saw that come through with regard to the fril strategy i agree with daunte's dad, we all need to -- but it was also with the closing argument. i texted shaq, it was one of the most offensive closing arguments i could remember, because of the way they blamed daunte for the outcome of that traffic stop. i do think this is one of those cases that's going to divisive, in that it will be harder fighting for police reform before it gets better, but this is a major step. david henderson, charles coleman and kristin gibbons, thank you. coming up, the fda clears a second pill to treat covid-19. . want your clothes to smell freshly washed all day without heavy perfumes? try new downy light in-wash scent beads. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. new downy light! wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done. for the third day in a row, the filmer of new cases has topped 200,000. the seven-day average is just under 168,000 cases a day, which is higher than the peak of delta in early september. the surge comes as millions of americans desperately try to get a covid test in time for christmas. the white house is on the defensive for not seeing the need for more tests. as manufacturers step up the production,ed fda gave approval for a pill from america. and just as hour ago, the mayor of new york city said times square new year's celebration will go on, but it will debt scaled out with additional safety measures. sam brokic is -- brock is in miami. and dr. ebony hilton, an social professor of answer theeiology, and critical care medicine. you will now be nbc's sam brock for me, sam, so i can keep it simple. let's talk about testing capacity and at-home tests. a lot are needed, there aren't that many out there. walk us through the reporting. >> reporter: first of all, you can just call me sam. we've known each other for years. >> it's been through the entire pandemic, and i haven't seen you once. it's crazy. >> reporter: you're actually correct. this social distancing at its finest. we are in miami, pretty representative of what we're seeing around the country. you just documented that new york city line snaking through the city. we're seeing a virtual lock jam here with nonstop cars. we just broke a record 26,800 new cases. that's the second highest daily figure since the delta variant swept over the state like a tsunami. one, certainly the spread of omicron. the other, katy, people cannot get at-home tests. the positivity rate i'm told by the manager, is approaches 30% right now. the consequence binges of those factors is taking us into a different street osphere. jen psaki used the word "defensive" here is what she said earlier today. >> this is not just happening in the united states. this is happening all around the world, where there is not enough testing capacity. we have taken steps that are more significant than any country in the world so we could have the testing needed to meet what people are looking for. >> reporter: katy, here's the good news, despite these long guys, one guy's car broke down today. the tests are at least still here. the 40,000 to 50,000 tests are getting done. the results are being turned around in about one to two hours. if it's a pcr test, 24 to 48 hours, they're doing whatever they can here to test as many people as possible, but obviously there are some constraints. >> gary, let's talk about travelers, what are you seeing on the roads today? >> reporter: hey there, katy, it's not stopping more than 100 million people expected to travel this holiday week. like behind me, a lot of people behind me. it's changing. they're going by cash, as they were getting gas, they say they're vaccinated, boosted, feeling comfortable enough going to visit family. here's some of the spokes we talked to. >> i'm really worried about, but i got vaccinated and got a booster shot also. my family is vaccinated. >> i think if you take the precautions they're telling you to do, you'll be okay. >> reporter:, katy omicron is so widespread spreading so quickly, doctors say if you're in a crowded place, you should pretty much predict omicron is there with you, too, but it's going to cost you more to travel. car rendals are up 20%, hotels up 36%. there is some good news. gas prices are down ten cents from just two months ago. >> so we have these new pills. there is obviously the vaccines. what we're seeing in south africa, though, is this spike in omicron went up really, really high, and coming down really, really fast. dr. hilton, can we expect to see that here in a month or two? >> well, compares ourselves to south africa, you have to realize they had about 70% zero positive mean they were already infected in that population or had been vaccinated. in the united states of america we have 0 million americans currently unvaccinated, of which 5 million are children under the age of 18. so if we're talking about access to tosses, to the pills coming out from pfizer and merck, we have to understand action, with this is lines wrapped an buildings, that will also be an issue when you talk about getting your hands on those pills. and when we're talking about the overall hospital system, that is completely stretched, because we're understaffed. >> let us hoe it goes through fast, at the very least. everybody, thank you very much and happy holidays. coming up, president biden heads into the new year with his agenda hanging on by a threat. can he save it in 2022? stay with us. as lawmakers settle into their home districts for the holidays, the pressure is on for president biden to spend the coming weeks reviving his build back better plan. with his agenda hanging on by a thread, the president will have to restructure his nearly $2 trillion package to garner support from west virginia senator joe manchin. and with the mid terms now less than one year a way, the stakes couldn't be higher. joining me now, punch bowl news cofounder, jake sherman. jake, is it in joe manchin's interest to revive a bill and give president biden some sort of win going into 2022? >> yes, i think. i would make the argument that west virginia -- listen, here's what he can say now to his people in west virginia he can say i took this deal, this build back better bill, which was so liberal -- i am just envisioning what he might say, and i brought to it a place where it benefits west virginia. i think that's where he will end up. i do think at this point he wants a slimmed down deal. what does it look like? does he take a couple different priorities and scale them back? does he take a couple different priorities and shrink them and make the kind of duration of them longer? that remains to be scene. but biden kind of indicated that he wants to get in a room with machlk skpin cut a deal. now i think it is obviously more complicated than that. i think the left is going to go absolutely crazy over this. i think it is going to eat up the next four, eight, maybe even ten weeks on capitol hill. but i do think -- maybe i am an optimist, katie. you have known me a long time. i have been a pessimist. i changed toward the end of 2021. i am turning into an optimist. i think it is in his interest to get something done. west virginia is very reliant on federal aid on a whole host of fronts. i think it is important for him to get something done. >> $10 million is being spent on west virginia media targeting joe manchin. you reported on this this morning. the coal miners union is urging him to reconsider on this legislation. is any of that moving the needle? >> you know, for joe manchin, inhis theory of the case, his state of mind, is that no one knows west virginia politics as well as he does. and i think there is a lot of evidence for that. he has been in state government for something like 30 years. he was a popular governor. he got reelected in the state that donald trump won by 40 points. i think he figures and rightfully so, that he knows his home state politics better than everybody and he keeps his own council. while i do think his office and his aides and his allies do see that incoming, i think they leave it to him to make these decisions. i think that at the end of the day, again, he's going to keep his own council and he's going to do what he thinks is best. i will say, i don't think he's going to become a republican. that might be your next question. >> no, it was not. >> i don't see that happening. >> because i knew your answer. i knew it before i even asked. i didn't even need to ask it. i have one west virginia voter currently at my house, my mother-in-law, who is very trust is frustrated with joe manchin for not signing onto this pill. i am not sure how representative she is to theet of the state, but that is how she feels. bad news, fish, no new year's eve run. we were going to go. and it has been pushed back to april. omicron is being a wilson here, buddy. >> yeah, listen, i am actually kinds of happy. because as you and i have talked about, we would have probably gone and come home to our families with covid. but in april, the last time fish played an indoor show in april was the island tour. so i think that is a very good sign. this is during passover. so it is a nod, perhaps, to jewish fans. but i am -- i am excited for april and i am happy that i don't have to make a bad decision by going to madison square garden with 20,000 sweaty hippies during a pandemic. >> i was thinking the same thing. like, how am i going to tell jake i can't go. or am i just going to go and deal with it. god. down with the disease, my friend. down with disease. >> i am with you on that. >> anyway. >> this has been wonderful. now i'm on my way. >> good one. all right, buddy. i will talk to you later. thank you so much. happy holidays. give my love to the family. >> thank you. before we go, return to tune in to tune in. listen live on tune in. it is a great way to listen to us, even when you are on the road. my mom loves it. that's a good endorsement. that does it for me this afternoon. "deadline: white house" starts right now -- i'm sorry. starts after this very quick break. starts after this very quk break. gold. your strategic advantage. what do we want for dinner? burger... i want a sugar cookie... wait... i want a bucket of chicken... i want... ♪♪ it's the easiest because it's the cheesiest. kraft. for the win win. my daughter has type 2 diabetes and lately i've seen this change in her. once-weekly trulicity is proven to help lower a1c. it lowers blood sugar from the first dose. and you could lose up to ten pounds. trulicity is for type 2 diabetes. it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration and may worsen kidney problems. ask your doctor about once-weekly trulicity. do i need to pretreat my laundry? nope! with tide pods, you don't need to worry. the pre-treaters are built in. tide pods dissolve even when the water is freezing. nice! if it's got to be clean, it's got to be tide. this is your home. this is your family room slash gym. the guest bedroom slash music studio. the daybed slash dog bed. the living room slash yoga shanti slash regional office slash classroom. and this is the basement slash panic room. maybe what your family needs is a vacation home slash vacation home. find yours on the vrbo app. ♪♪ ♪♪ hey, everyone. it's 4:00 in new york city. i'm john heilemann in for nicolle wallace for the fourth and final time this week. we come on the air with breaking news. kim potter, the former brooklyn center minnesota, police officer who fatally shot 20-year-old daunte wright during a traffic stop in april has been found guilty of first and second degree manslaughter. he was killed during the trial of george floyd. wright's tragic and senseless death underscoring for many how much work remains to be done

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Transcripts For MSNBC Hallie Jackson Reports 20240709 : Comparemela.com

Transcripts For MSNBC Hallie Jackson Reports 20240709

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daunte wright. >> in the matter of state of minnesota versus kimberly potter, court file 26-cr-2174 0, we the jury on the charge of manslaughter in the first degree, while committing a misdemeanor on or about april 11, 2021, in hennepin county, state of minnesota, find the defendant guilty. and the verdict was great to tut hour of 11:40 a.m., and signed by the jury person on 12/23/21. the verdict on count 1, we the jury, on the charge of manslaughter in the second degree, culpable negligence, on or about april 11, 2021, in men pin county, state of minnesota, find the defendant guilty. despite pleas from potter's lawyers for he to be released, the judge said she cannot treat this case any differently, and said she will remain in customer by. kim potter will remain in custody without bail. joining me from outside the courthouse is shaq brewster, civil rights attorneys kristin a. and david henderson and charles coleman. shaq, you've been outof that courthouse now for this entire trial. there hasn't been much of a crowd out, but we are seeing with you now. what is the reaction? >> reporter: there's a group of about 30 or so people, a group that -- started instantly after that verdict was initially read. just so you know the scene out here, this has not been a place where you see a lot of people as the trial was happening. today is much different, and some people are talking about the celebration and the surprise they felt the jury deliberated for more than 27 hours, they saw the message from the court early today, but they're saying they're now surprised by it. i want to introduce you to someone said she was driving by had her family, lucy is your name. you stopped here when you heard the ver. why did you come here? >> i mean, this is hopefully a turning point. i think it's as important as a while person to do what i can. >> reporter: you told me earlier you were surprised when you heard this ver. explain that surprise. >> like people have been saying, the jury was -- wasn't people of color, and it's surprising, and also because they took such a long time. so, like, people of color don't get justice, that's why i was surprised. >> reporter: i talked to someone else who said, unlike the chauvin trial, this isn't one that everyone was watching every moment of. was that the same for you? >> well, my mom was kind of tracking it, so i was a different kay. >> reporter: do you feel few the community was talking about it a lot? >> no, not to me. >> reporter: why do you think that was? >> i don't know. >> reporter: your final reaction. what was year immediate reaction? >> i was just grateful. >> reporter: thank you so much. this is the same exact court where we heard those three verdicts just a couple months ago, and one difference you saw throughout the trial is the police testimony in this trial actually favored kim potter much of the time. derek chauvin, you had the police chief at the time come up and talk about derek chauvin, saying that did not comply with policy, while in kim potter's case, the former police chief said he didn't see any violation of policy. despite that, the jury came down with the two individuals of guilty of manslaughter. >> i want to talk about what message this sends to police officers around the country. chauvin was a pretty clear message, an extreme eegregious crime. not was arguing she doesn't make a mistake, just arguing on the reqlessness. if you are a police officer in brooklyn, new york, what is your takeaway from an outcome like this? >> indicate write, wet weather hyperbole, pretty much ever, i think it may prove to be more impactful than the chauvin verdict for many of the reasons you just mentioned. if i'm a police officer, i'm thinking this is a new day in law enforcement, a in conversation around accountability, this is a new opportunity to revisit and reimagine how things are done and how things are approached in terms of holding police officers responsible. i think this has to prompt a bigger and broader conversation across the country how we deal with law enforcement and how we hold them accountable. the jury send a message that they should not be able to simply make mistakes that results in the loss of human life. law enforcement officers should be taking close notes to understand that people are paying attention, they're concerned and they're willing to hold people accountability for the ways in which they do their job. >> how will this change training? i ask that, because there was a warrant out against daunte wright at the time. they tried to handcuff him. if you are training an officer right now after a verdict like this, what do you do with a case like this? it's more complicated that is the derek chauvin cut-and-dried case. what do you tell police officers -- she mistakenly grabbed her gun instead of a taser. a jury found that req his, yes. what do you tell a police officer when ear training them for a stop like this? i'll put that to you again, charles. >> from the perspective of a former prosecutor, you i can tell you what we had threshold issues. the first question is, the reason for the stop. i think it was david to alluded to the idea earlier that kim potter during her own testimony said in, not so many words, daunte wright had been racially profiled for the stop. the psychology around how you engage the use of force, in this case, it's seriously questionable, and i think the prosecution did a very good job with use of force experts in terms of establishing the type of force that kim potter even thought to engage was necessary, and u89ly the prosecution led in the meantime to the conclusion it was in fact not. before you even get to the notion of, did i use my taser? should i have gone through these steps in my head? this was heavier on my right side or left side? you have to deal with these threshold issues that deal with escalation. all of these things have a factor, when officers are reaching for a service weapon. that's where i think you have to start. >> so back to even before you get to this point. david, i do want to hear you weigh in on that as well. katie, i'm going to echo what i have -- what charles said. i have trained officers. the message here is, don't let your default be aggression and force in the first place. my legal analysis changed after i heard kim potter testify. as she testified, my impress was that she did want to hurt daunte. it appears to me she got involved in the stop the way she does, because she wanted to be the person to getening independence control. people resist arrest all of the time. if you're ever in a position to review reports, police resist all the time. they pull away. when you have a young person who panics, they try to run. part of what we always consider when we talk about assaultive crime, given the circumstances at the time that the derek chauvin trial was going on, it was reasonable that daunte was afraid of being put in cuffs. especially when they refuse to answer questions why he's being arrested, so showing some compassion here, not letting force be your default, possibly daunte could still be alive. he was pulled over because he had an air freshener from his rear-view mirror and expired tags. tlofs a big argument about whether that's grounds to pull somebody over, especially the air freshener. kristin, from my conversations with prosecutors and defense attorneys, putting a -- putting a defendant on the stand is extremely risky, but we've soon a for you of them lately go to try to defend themselves. what did you make of her testimony? do you think as david thinking, that that was ultimately what did her in? >> i don't know if that's what did her in. i think david and i disagree on how the prosecution put in their indication, but i think it was unhelpful for the defense, for many reasons. one of which is the fact that i don't know if the remorse she showed overcame the video, which basically showed her, as daunte was over there, shot, bleeding which she was aware of, while he was dying, she didn't render aid or call authorities. she didn't take any affirmative steps to make sure the individual, the passengers or the individuals in the car that daunte wright's car hit were okay. instead, she sat on the ground and cried, i'm going to jail, oh, my gosh, i. i. i. all fofocus, in the last segmen we were talking about excited utterance, and those were the real statements before she had an opportunity to be prepped by a defense attorney, before she had the opportunity to think it through on what is the best thing for her to state to a jury. ultimately, i think the crocks of kim potter was impacted that she was able to see his address, such that if he did get away, they would be able to find them. there was no real reason for her to pull out the gun. i think that the video testimony also countered her main argument, which was that she saw fear in sergeant johnson's eye. >> kyle rittenhouse testified in his defense, found not guilty. the jury was sympathetic to kyle rittenhouse. charles, i want to ask, was there anything in this trial that you saw could be grounds for appeal? >> not really. i think if the prosecution had done a few things differently, you know, there were places that i thought they ran close to the line, but nothing i feel like would be constituting reversible error. i think the judge ran very tight ship, one that wasn't necessarily going to garner questions from the outside, or would ultimately result in an appeal. i think that it is possible that kim potter's attorneys may look to talk about the politicized nature of the trial, but i don't think there was any that surface through the trial that may have influenced the jury in such a way that this verdict was not fair and impartial. i'm confident this is likely to stand going forward, if there is a way for the defense to find grounds for appeal. there have been instanceses of weapon confusion in the past, but the time reports at least three officers have been convicted in cases where they said they confused their gun with their taser. in two of those cases the perch they shot died. there is precedent for this. i wonder, because of that precedent, should we be so surprised that this is what a jury found? >> well, katy, we have to keep in mind the facts of the cases. in fruitvale station, an officer claimed he confused, but the person he killed, was lying facedown with cuffs behind his back and he couldn't reasonably argue any use of force was necessary. for me the reason why i find this a surprise, because of the evidence the prosecution presented here. in derek chauvin's trial, their use of force expert, testified it's illegal for officers use use taser -- the expert here said something different. the expert testified in this case, i think the outcome makes sense as less surprising, but keep in mind, this is many cases coming down the pipeline. those officers will also be tried, and in this context, this verdict is huge. >> i wonder if they were charges brought against the officers who shot breonna taylor, that's one high-profile case we haven't seen, because the officers or attorney general there decided not to press charges. kristin, i'm just curious, when we're looking at the appeals. i know i asked charles this question, we're coming up against the christmas holiday. there were questions earlier on if they couldn't come to a decision what happens. i wonder, does the defense have grounds to appeal based on maybe the perception that they were rushed through this in order to go home for christmas, because they were sequestered? >> sure, absolutely. given that kim potter is likely to see substantial jail time, probably around seven years, yeah, she'll make probably that an appellate point. but is it reasonable? the judge made it clear they didn't have to rush, they would be able to take off and come back. they wouldn't miss their ability to hang out with their family over the christmas break, so i think it probably will be raised just because a defense attorney will raise any and all potential issues, but i don't think it will be enough to say reversible errors. all right, everyone. we have a press conference from the attorney general keith ellison coming up in a few minutes. we're going to sneak in a quick break, come back on the other side and continue our discussion. kim potter is guilty on two counts. stay with us. m potter is guilty counts stay with us okay, everybody, let's do a ticket check. paper tickets. we're off to a horrible start. ...but we can overcome it. we're not gonna point out our houses, landmarks, or major highways during takeoff. don't buy anything. i packed so many delicious snacks. -they're -- -nope. would you say, ballpark, when group two is gonna get boarded? 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♪ ♪ yeah, that's more like it. kim potter found guilty on two counts in the death of daunte wright. back with me is civil rights attorneys kristin gib sons, and david henderson, also analyst charles coleman. we're waiting on attorney general ellison so hold a news conference. david, what do you want to hear from him? >> i want him to say he put hi heart in this case, and hopes to makes changes in other jurisdictions. we were talking about whether this would go to changes across the board. it's important to note it hasn't. ag keith ellison has made sure his office is doing the right thing, but this needs -- lawyers aren't creative people. -- >> so sorry to interrupt, but here is the attorney general. >> it could have been, had he had a chance to grow up. at 20, daunte could have done anything. maybe he could have gone into the building trades, maybe started a business, what we know is he was a young new dad, and he was so proud of his son daunte junior. we know that he loved his mom, and he loved his dad, and he loved his siblings, and his big beautiful family. he had his whole life in front of him. he could have become anyone. all of us miss out on who daunte could have been. no one has missed him more than his parents, katie and aubrey. and their children. i'm very mindful today that there will be an empty chair at the wright family dinner during the holidays. that saddens me, and once again, i extend my deepest condolences to you. with the jury finding kimberly potter guilty today of manslaughter in the first degree and manslaughter in the second degree, in connection with daunte's death, we have a degree of accountability for daunte's death accountability is not justice. justice is restoration. justice would be restoring daunte to life and making the wright family whole again. justice is beyond the reach we have in this life for daunte. but accountability is an important step, a critical necessary step on the road to justice for us all. i want to thank the jury for their careful attention and their deliberation, and for their service to the people of minnesota. i want to thank all the witnesses who testified and came forward with what they knew about this case. i want to thank my remarkable team. when i took this case, i said it would be difficult to prosecutor, because history has shown trying cases like this one is difficult. this team did not shy away from the challenge, and the people of hennepin county and the american people, and the people of minnesota, what they saw in the courtroom was the fruit of many, many hours of labor and hard work and plan. for my office, i said to thank mr. matthew frank. i want to thank erin eldridge. i want to thank eric miller and david voight and dionne dyde, but this team wouldn't be much of anything if not for the amazing work of joshua larsen raul shaw and ver nona boswell. i also must thank colleagues who did not work on the legal matter, but worked on the community, and that is john styles, keion dilsty and everyone. thank you for your hard work. i want to thank the many staff that the bureau of criminal apprehension who worked on this case, the state of of the hennepin county attorney's office and washington coat's district attorney office. and drew eastern and people who testified in this case like agent phil. the next step is sentencing, all i will say is we look forward for the court setting a calendar date for that hearing. at that time we will make our propose arguments within the context of the court hearing. i think we have a date, do we not? my thought are wish ms. potter today, but it was our responsibility to pursue justice wherever it led, and the jury found the facts. my thoughts are also with those who work in law enforcement and public safety. we hold you in high regard, and we also hold you to high standards. we don't want you to be discouraged. your community respects and appreciates you. we want you to uphold the highest ideals of our society and ideals of safety. when a member of your profession is held accountable, it does not diminish you. in fact, it shows the whole world those who enforced the law are also willing to live by it. that's a good thing. it restores trust, faith and hope. well, in the words of daniel soret, who writes on justice issues, just exists when all -- that is consistent with the humanity of everyone involved, and in the interest of the greater good. the humanity of everyone involved, includes humanity of community members, includes the humanity of police officers, and when that standard of justice is not upheld, it must be the job of a prosecutor to step up and step in and attempt to uphold it and uphold the principles that no one is above the law, and no one is beneath the law. finally, my thoughts are with the community of brooklyn center, and all communities that hunger for better relations between police and the community, and for everyone to get home safe at the end of the day. i hope today avert provides a measure of healing for all of them. i thank you, and we can take a question or two. >> reporter: this is craig donovan 27 hour, what was going through your mind -- >> that the jury was taking it seriously, that they were going through every bit of evidence, that they were not leaving anything to the side, and that they understood this matter was of tremendous importance to the wright family, but also to the potter family, to the entire community. i thank them for their service. they want questions for the wright family. is that okay? >> reporter: what were you feeling when you heard the world guilty, and what are you feeling now, as you processed this? >> oh, my gosh, um, the moment we heard guilty on the manslaughter 1, emotions, every single emotion you could imagine just running there are your body at that moment. i kind of let out a yelp, because it was build up in the what was to come. now we've been able to process it. we want to thank the entire prosecution team. we want to thank community's support. everybody who's been out there who supported us in this long fight for accountability. >> reporter: what dunk of ms. potter when she was on the stand last week? >> i would rather now answer that question. >> the tremendous details, what do i think? i'm going to keep it short. >> mr. ellison, did you expect former officer potter to take the stand? do you think that helped or hurt year case? >> they said from the beginning she was going to testify. they said in jury selection, and she had -- she expressed herself immediately after this tragic incident on the sandy. now too surprised. look, i think it is a good sign that she -- she was remorseful. i mean, what decent person wouldn't be brokenhearted and sad if they were involved in something like this. so i wish nothing but the best for her and her family, but the truth is, she will be able to correspond with them and visit with them, no matter what happens, but the wrights won't be able to talk to daunte. >> reporter: two high-profile jury verdicts in this year. what do you think that says about police accountability? >> i think the juries admire police, they respect them, and they want to make sure that high ideals and standards are maintained. >> reporter: pud a state witness testify that they may have used deadly force in a similar situation. were you expecting one of your own witnesses to say that? did you think that would be a hurdle to overcome? >> i think you're referring to the officers on the scene? yeah, we did call them. well, we had confidence in the law and the facts, and we were very confident that there was going to be clear testimony, and he did. i think that's what we have time for now. >> reporter: what kind of sentence do you think you'll be calling for? >> a fair one. sorry, i can't by more specific, but the main thing about sentencing is the wright family will be able to make a victim impact statement. the most important thing that i be really for the first time they'll be able to talk about how this tragic incident impacted them and their lives. thanks a lot. attorney general ellison saying he wants a fair sentence. you also heard from katie bryant and aubrey wright, reacting to the verdict, saying they have gotten justice. listen, this was a complicated case. everybody says it was a complicated case. eastern attorney general ellison said clearly kim potter is an okay person and was remorseful, and any pen would be, and he wishes the best for her and her family. charles, when we are looking at -- i know we have talked a lot about training. i'm interested to understand what's going to happen when police officers pullet splb over, or get into a situation -- i notice people try to get away all the time, but get into a similar situation as the one with kim potter, and they're driving a car, what would be the calculus? do i let this person go? do we try to find them at a later time? we have the license plate, we know who it is, i'm not going to escalate this further in the moment? it directly relates as it relates to communities of color. why do i say that? why do i bring race into the conversation? the facts are police manage to pull white people over every day without incident. it's not as though those people resist arrest at any greater oar lesser rate of people with color. somehow we seed they incidents repeated with communities of color. the relevance that ha has is when you talk about a culture shift in policing, when you talk about what it is to detoxify american law enforcement and culture, you have to have a conversation about perception and accountability. if that is not maintained through its leadership. this was a very important step in establishing the kind of accountability that can prompt culture change, change the paradigm of american policing. now you're discussing mindset, what you know are the consequences for certain actions when you are in a situation, where you conduct a vehicle stop. if you talk to officers, they will tell you, the two most dangerous situations that you can encounter as a police officer, number one, a traffic stop, number two, stopping to a domestic violence call. both of them dictate the unknown. we have sympathy and understanding, in terms of the difficulty of the job that police face when they are pulling over a vehicle. however, this still has been to be a level of accountability, which police have already shown they can exhibit when it comes to dealing with certain people. now that we have accountability across the board, or as we begin to have greater account act across the board, hopefully that culture shift will take root in a way that chooses different actions in regards to the use of force. >> perhaps no better example of that than the series of young white men who have been school shooters, who have been arrested without incident, who have been heavily armed, and yet arrested without incident. kristin gibbon, the attorney general made a point that it doesn't mean we're not going to continue to enforce the law, but it means -- >> he made a really -- i think he made a lot of great comments about the community as a whole. we need to kind of bootstrapping on what mr. palmer was saying, we need to start looking at people as human beings. if we're capable of making stops without incident for one set of human beings, we're capable for making it for all sets of human beings. black people are not scary. they're people, right? when you see a black person, why is it your automatic initial thought to pull out a gun. again. this is not just state, but all police officers. that's not what i'm saying, but there needs to be a lot more effort in terms of training for deescalation. what happens when a police officer -- police officer is afraid, when he field threatened? should they automatically pull out their gun? no. there's weapon confuse, we all know, but they with threaten in different ways and perspective can be off. what way do we balance athletes, while keeping people safe 57d keeping police officers also safe. so i like how he focussed in on the community, focused in on mr. wright and ms. potter's family as well. try to train officers about seeing people as not being scary of all races. david, i want to give you the last word before we move on to the other news of the day 689 i think overall we'll have to address the mentality in which policing is approached. you saw that come through with regard to the fril strategy i agree with daunte's dad, we all need to -- but it was also with the closing argument. i texted shaq, it was one of the most offensive closing arguments i could remember, because of the way they blamed daunte for the outcome of that traffic stop. i do think this is one of those cases that's going to divisive, in that it will be harder fighting for police reform before it gets better, but this is a major step. david henderson, charles coleman and kristin gibbons, thank you. coming up, the fda clears a second pill to treat covid-19. . want your clothes to smell freshly washed all day without heavy perfumes? try new downy light in-wash scent beads. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. new downy light! wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done. for the third day in a row, the filmer of new cases has topped 200,000. the seven-day average is just under 168,000 cases a day, which is higher than the peak of delta in early september. the surge comes as millions of americans desperately try to get a covid test in time for christmas. the white house is on the defensive for not seeing the need for more tests. as manufacturers step up the production,ed fda gave approval for a pill from america. and just as hour ago, the mayor of new york city said times square new year's celebration will go on, but it will debt scaled out with additional safety measures. sam brokic is -- brock is in miami. and dr. ebony hilton, an social professor of answer theeiology, and critical care medicine. you will now be nbc's sam brock for me, sam, so i can keep it simple. let's talk about testing capacity and at-home tests. a lot are needed, there aren't that many out there. walk us through the reporting. >> reporter: first of all, you can just call me sam. we've known each other for years. >> it's been through the entire pandemic, and i haven't seen you once. it's crazy. >> reporter: you're actually correct. this social distancing at its finest. we are in miami, pretty representative of what we're seeing around the country. you just documented that new york city line snaking through the city. we're seeing a virtual lock jam here with nonstop cars. we just broke a record 26,800 new cases. that's the second highest daily figure since the delta variant swept over the state like a tsunami. one, certainly the spread of omicron. the other, katy, people cannot get at-home tests. the positivity rate i'm told by the manager, is approaches 30% right now. the consequence binges of those factors is taking us into a different street osphere. jen psaki used the word "defensive" here is what she said earlier today. >> this is not just happening in the united states. this is happening all around the world, where there is not enough testing capacity. we have taken steps that are more significant than any country in the world so we could have the testing needed to meet what people are looking for. >> reporter: katy, here's the good news, despite these long guys, one guy's car broke down today. the tests are at least still here. the 40,000 to 50,000 tests are getting done. the results are being turned around in about one to two hours. if it's a pcr test, 24 to 48 hours, they're doing whatever they can here to test as many people as possible, but obviously there are some constraints. >> gary, let's talk about travelers, what are you seeing on the roads today? >> reporter: hey there, katy, it's not stopping more than 100 million people expected to travel this holiday week. like behind me, a lot of people behind me. it's changing. they're going by cash, as they were getting gas, they say they're vaccinated, boosted, feeling comfortable enough going to visit family. here's some of the spokes we talked to. >> i'm really worried about, but i got vaccinated and got a booster shot also. my family is vaccinated. >> i think if you take the precautions they're telling you to do, you'll be okay. >> reporter:, katy omicron is so widespread spreading so quickly, doctors say if you're in a crowded place, you should pretty much predict omicron is there with you, too, but it's going to cost you more to travel. car rendals are up 20%, hotels up 36%. there is some good news. gas prices are down ten cents from just two months ago. >> so we have these new pills. there is obviously the vaccines. what we're seeing in south africa, though, is this spike in omicron went up really, really high, and coming down really, really fast. dr. hilton, can we expect to see that here in a month or two? >> well, compares ourselves to south africa, you have to realize they had about 70% zero positive mean they were already infected in that population or had been vaccinated. in the united states of america we have 0 million americans currently unvaccinated, of which 5 million are children under the age of 18. so if we're talking about access to tosses, to the pills coming out from pfizer and merck, we have to understand action, with this is lines wrapped an buildings, that will also be an issue when you talk about getting your hands on those pills. and when we're talking about the overall hospital system, that is completely stretched, because we're understaffed. >> let us hoe it goes through fast, at the very least. everybody, thank you very much and happy holidays. coming up, president biden heads into the new year with his agenda hanging on by a threat. can he save it in 2022? stay with us. as lawmakers settle into their home districts for the holidays, the pressure is on for president biden to spend the coming weeks reviving his build back better plan. with his agenda hanging on by a thread, the president will have to restructure his nearly $2 trillion package to garner support from west virginia senator joe manchin. and with the mid terms now less than one year a way, the stakes couldn't be higher. joining me now, punch bowl news cofounder, jake sherman. jake, is it in joe manchin's interest to revive a bill and give president biden some sort of win going into 2022? >> yes, i think. i would make the argument that west virginia -- listen, here's what he can say now to his people in west virginia he can say i took this deal, this build back better bill, which was so liberal -- i am just envisioning what he might say, and i brought to it a place where it benefits west virginia. i think that's where he will end up. i do think at this point he wants a slimmed down deal. what does it look like? does he take a couple different priorities and scale them back? does he take a couple different priorities and shrink them and make the kind of duration of them longer? that remains to be scene. but biden kind of indicated that he wants to get in a room with machlk skpin cut a deal. now i think it is obviously more complicated than that. i think the left is going to go absolutely crazy over this. i think it is going to eat up the next four, eight, maybe even ten weeks on capitol hill. but i do think -- maybe i am an optimist, katie. you have known me a long time. i have been a pessimist. i changed toward the end of 2021. i am turning into an optimist. i think it is in his interest to get something done. west virginia is very reliant on federal aid on a whole host of fronts. i think it is important for him to get something done. >> $10 million is being spent on west virginia media targeting joe manchin. you reported on this this morning. the coal miners union is urging him to reconsider on this legislation. is any of that moving the needle? >> you know, for joe manchin, inhis theory of the case, his state of mind, is that no one knows west virginia politics as well as he does. and i think there is a lot of evidence for that. he has been in state government for something like 30 years. he was a popular governor. he got reelected in the state that donald trump won by 40 points. i think he figures and rightfully so, that he knows his home state politics better than everybody and he keeps his own council. while i do think his office and his aides and his allies do see that incoming, i think they leave it to him to make these decisions. i think that at the end of the day, again, he's going to keep his own council and he's going to do what he thinks is best. i will say, i don't think he's going to become a republican. that might be your next question. >> no, it was not. >> i don't see that happening. >> because i knew your answer. i knew it before i even asked. i didn't even need to ask it. i have one west virginia voter currently at my house, my mother-in-law, who is very trust is frustrated with joe manchin for not signing onto this pill. i am not sure how representative she is to theet of the state, but that is how she feels. bad news, fish, no new year's eve run. we were going to go. and it has been pushed back to april. omicron is being a wilson here, buddy. >> yeah, listen, i am actually kinds of happy. because as you and i have talked about, we would have probably gone and come home to our families with covid. but in april, the last time fish played an indoor show in april was the island tour. so i think that is a very good sign. this is during passover. so it is a nod, perhaps, to jewish fans. but i am -- i am excited for april and i am happy that i don't have to make a bad decision by going to madison square garden with 20,000 sweaty hippies during a pandemic. >> i was thinking the same thing. like, how am i going to tell jake i can't go. or am i just going to go and deal with it. god. down with the disease, my friend. down with disease. >> i am with you on that. >> anyway. >> this has been wonderful. now i'm on my way. >> good one. all right, buddy. i will talk to you later. thank you so much. happy holidays. give my love to the family. >> thank you. before we go, return to tune in to tune in. listen live on tune in. it is a great way to listen to us, even when you are on the road. my mom loves it. that's a good endorsement. that does it for me this afternoon. "deadline: white house" starts right now -- i'm sorry. starts after this very quick break. starts after this very quk break. gold. your strategic advantage. what do we want for dinner? burger... i want a sugar cookie... wait... i want a bucket of chicken... i want... ♪♪ it's the easiest because it's the cheesiest. kraft. for the win win. my daughter has type 2 diabetes and lately i've seen this change in her. once-weekly trulicity is proven to help lower a1c. it lowers blood sugar from the first dose. and you could lose up to ten pounds. trulicity is for type 2 diabetes. it isn't for people with type 1 diabetes. it's not approved for use in children. don't take trulicity if you're allergic to it, you or your family have medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2. stop trulicity and call your doctor right away if you have an allergic reaction, a lump or swelling in your neck, severe stomach pain, changes in vision, or diabetic retinopathy. serious side effects may include pancreatitis. taking trulicity with sulfonylurea or insulin raises low blood sugar risk. side effects include nausea, vomiting, and diarrhea, which can lead to dehydration and may worsen kidney problems. ask your doctor about once-weekly trulicity. do i need to pretreat my laundry? nope! with tide pods, you don't need to worry. the pre-treaters are built in. tide pods dissolve even when the water is freezing. nice! if it's got to be clean, it's got to be tide. this is your home. this is your family room slash gym. the guest bedroom slash music studio. the daybed slash dog bed. the living room slash yoga shanti slash regional office slash classroom. and this is the basement slash panic room. maybe what your family needs is a vacation home slash vacation home. find yours on the vrbo app. ♪♪ ♪♪ hey, everyone. it's 4:00 in new york city. i'm john heilemann in for nicolle wallace for the fourth and final time this week. we come on the air with breaking news. kim potter, the former brooklyn center minnesota, police officer who fatally shot 20-year-old daunte wright during a traffic stop in april has been found guilty of first and second degree manslaughter. he was killed during the trial of george floyd. wright's tragic and senseless death underscoring for many how much work remains to be done

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