sam, we have all seen those testing lines. they are extremely long whether people are hanging out on the sidewalk or in their car. tell us what you are seeing and hearing from folks, and also what you know about the airlines grounding lights? >> reporter: first, testing, you see this crush of cars over my shoulder. that's one little snippet of what is going on at the testing and vaccination site here in miami-dade. they are somewhere in the neighborhood of 8,000 to 9,000 people getting tested today, and that's triple the numbers in the last coming days. it did not look like this a week ago, but it is ramped up with so many wanting to go and see their loved ones, and florida almost broke its record yesterday, a strong likelihood we will see a bigger number than that that will be the single number of infections daily we have seen so far. that's on the testing site. miami-dade officially is at 15% and climbing. now, let's talk about the airlines. delta airlines announcing its expected upwards, in it's words, of 150 cancelations this weekend, saturday and sunday, on top of the flights already canceled today. united already canceled 177 flights. that number has been stable for a little while now. it's 7 to 10% of their flights. and these people right now all want to see their loved ones, and there's a window to get home for christmas and to open presents and spend time together, and if you are worried about a full weekend of headaches of how am i going to get home, only 10% of the passengers these airlines are flying right now, and delta says it's weather issues on the west coast and the omicron variant, and united said we are sorry and we reached out to all of these passengers to let them know ahead of time, and for thursday and friday, don't go on the airport. they are trying to rebook as many as possible. even among an employee population that is 90 to 95% vaccinated and even higher in many of the airlines, they are dealing with the fallout from the omicron variant and that's a complete nightmare for anybody trying to travel right now. >> the positivity rate in miami-dade is 15%, but at that testing site it's 30%? >> yeah, right now the latest figures say 15%. i am told from the site manager here, the last time he checked the 8,000 or 9,000 people getting tested on a daily basis, it's closer to 30%. it's, i thinka preview of what is to come in florida. it's gone up and up and up. a 420% increase in infections in two weeks in florida. we expect that to continue to climb with the positivity claims we are seeing here at tropical park. >> man, 1 of 3 of those cars testing positive right now. doctor, you see these lines. on friday i was able to get a rapid test at one of the online stores and then on monday it was sold out. just like sam said, just a week ago the lines were not this bad. what advice do you have for people trying to spend time with loved ones over the holidays? >> i think it will be important for everybody to assess what their risk is and the risk of their loved ones and the people they want to gather with and make decisions accordingly. this is playing out across the united states. we already saw it happen in south africa, and saw it in europe as well. get tested if you can, and that may not be possible for some people, so you need to think about what your exposures have been, and if you can gather safely and who is vulnerable around you? is it worth getting together if there's somebody vulnerable. you need to think about the risk factors and make decisions that make the most sense. >> we just learned the u.s. will lift the travel restriction on the african countries after omicron. tell us what else you are seeing from the uk? >> yeah, that travel ban, the white house says, will be lifted by new year's. they tell nbc news it's no long urness because omicron is everywhere. as you heard from sam, it's the dominant variant across the u.s. and also the dominant variant in the uk where i am. based on government statistics, it's likely that 1 in 45 people across the uk had omicron last week. here in london, the populous capitol city, that number is 1 in 30. a study here in the uk, early evidence shows when omicron is less likely to put you in the emergency room, and 50 to 70% less likely to be admitted to the hospital. the message from the government here is get vaccinated and boosted and it's the best present you can give your friends and family. think hard who you socialize with this weekend. there are not serious social restrictions here in the uk, lindsay. they are so focused on protecting christmas day, and it doesn't look like 2020, but by next week we will see restrictions a lot like the rest of europe. >> doctor, the flight restrictions was met with a lot of criticism, especially with the world health organization. when do you think it should be lifted? >> as soon as possible. travel at this point has no implications for stopping it. it's the right move and should be removed, quite frankly, immediately. we have a tsunami cases here, and more travel won't make a difference. what would make a difference, is have people test when they arrive and requiring vaccinations for those coming in from other places. that's the best scenario. >> a new number of new confirmed case is more than 242,000. the 7-day average of omicron is higher than the peak of the delta variant from september. what is your sense of where we are going and how much worse it's going to get. >> i think what we are going to see here is what we have been seeing in other countries, which is a very sharp rise. this is what we were all predicting. the question is how quickly will that curve really turn down and we will see the downswing? it will probably be very soon. it will probably be similar to what we are seeing in other countries. the thing is, here in the united states we have a lower vaccination rate than we do in some of these other places, like the uk. we do have a lot of people with comorbidities, and a lot of people immunocompromised. what is happening in other countries is going to give us a clue as to what we can expect here. >> doctor, we are seeing hospitals again limiting procedures, like in massachusetts, they are limiting nonemergency procedures, so at what point will our health care system reach a breaking point or are we already there? >> this pandemic has shed a light on the weaknesses in our hospital systems and this is going to come to bear when we are talking about the capacity of hospitals. surge capacity is low. the system is very, very stressed. i think that all of these decisions that are happening right now having health workers have the ability to isolate for shorter periods of time clearing the decks for more capacity, to be able to capture people who need to be hospitalized is going to be important, and this is something that we have to consider for the long term, how how we are going to do better to allow the hospitals to have more capacity. this is where reducing the number of cases is so critical. it's not just about the number of cases but it's about what happens to our hospital system. >> our thanks to both of you. appreciate it. still to come, new developments surrounding the january 6th committee's investigation. one of former president trump's allies just told the committee he will provide some documents. what that means for the investigation. plus, we will talk to a legal expert about the kim potter guilty verdict and how long she could spend behind bars. t our culture and where we come from. ...right here? 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>> after he was commissioner of the new york city police department and he joined rudy giuliani to discredit the investigation. he will turn over documents by next week and will appear for his deposition in mid january, and his lawyer went on to say that he hopes the deposition is made public, and he will make the documents he will turn over, accusing the committee of running a phoney investigation of altering certain documents, perhaps, and this follows what we have seen from others who just this week where jim jordan accused of committee of altering the texts. we have not heard back on this specifically, but as we move forward in the next couple of weeks, a busy time for the committee not getting too much of a break for the holidays. >> former president trump is asking the supreme court to block the committee from getting the documents. >> they are asking the supreme court to expedite the former president's request to withhold these documents. what they are asking the supreme court to do is let them know by mid january if they are going to take up the former president's case. the former president is not coming as a shock to the committee, and he has been trying to hold up the national archives from turning over the hundreds of pages of documents to the committee, and that includes texts, drafts of the speech that the former president made on the day of the riot and so on. the former president definitely doesn't want those documents to end up in the committee's hands, and if the supreme court doesn't expedite that request, we could possibly not hear a decision by them by then, and it could drag this thing into the summer, something the committee definitely doesn't want as they try and wrap the investigation in the last couple of months. >> we learned last hour that out takes of the president's videos was released 187 minutes after his speech. if they do take up the case in the high court, it could be until february before they will take it up, and then the summer if we learn the outcome, and julie just said they want to expedite this. is this a win/win for trump because it buys him more time? >> whether or not this is a win for him depends on the supreme court. they have the ability to just dismiss his appeal out of hand, to decline to hear it, which would mean lower court rulings that permit national archives to turn documents over to the committee would stand. we have seen the court do it a couple times this term. they have done it in texas with the abortion case. now they are doing it with some of the federal vaccine mandates. they could, of course, agree to expedite the case and do some quick briefing and oral argument and issue a ruling, and that would push us back later in the spring, and for some sense that would be a win for the president. the committee is hoping the court declines to take the case flat out. >> we asked bennie thompson about potential charges against trump. thompson echoed the assertion made by liz cheney that trump's actions could amount to criminally obstructing congress, and the committee is weighing other potential criminal referrals to overturn the results of the election, along with whether people raised money for the rallies and events on january 6th while knowing complaints of election fraud were false. it was unprecedented and do any of these charges seem possible to you? >> the underlying question here has always been there has been some form of overarching conspiracy that interfered with certifying the election, and if so who agreed to join that? who are the players that could be criminally culpable if that evidence lines up. pete is right. we won't see an obscure charge, which is something rarely charged, but it seems to me it's less obscure than some folks that made it out to be. it's part of the package of federal instruction statutes. there's an entire chapter of the federal code that lays out different kinds of obstruction. the reason obstruction in a government proceeding might be charged is because it doesn't happen very often. we saw the michigan statehouse run over by protesters in the leadup to the election, but that was state and would never have been considered for federal charges under that particular statute. one of the big issues federal prosecutors will have to look at if they take this investigation up is are there specific laws that match the facts. this one looks pretty good to me. >> joyce is going stick around with us. our thanks to julie on that reporting. turning to the latest out of minnesota, former police officer kim potter is spending the last days of 2021 behind bars, after a jury found her guilty of manslaughter in the death of daunte wright. potter now faces up to 15 years in prison. her sentencing is scheduled for february 18th. to break down this verdict, joyce vance is back with me. what kind of sentencing could we see from this judge? most legal experts don't feel she will get the full 15 years? >> that's right. that's because minnesota like the federal system and other states have what they call sentencing guidelines. the 15 years is a statutory maximum laid down the by law, and they use guidelines involving a conduct and criminal history in arriving at sentencing. the sentencing range could be seven to nine years. the prosecution will ask the judge to increase that sentence at a minimum to go to the high end of the range, and largely because she failed to take care of people around in the vehicle and on the streets when she fired her weapon and she failed to render assistance immediately after the shooting. >> potter is in custody after the jail revoked her bail? does that give you any insight into the attitude of the judge's sentencing? >> the judge was clear in the hearing. she said at one point it was important that she not treat potter any differently than she would treat others that are convicted. after you are convicted of a crime in this country, the burden sort of shifts and the government is very likely entitled to have somebody who has been convicted incarcerated pending sentencing when it's a serious crime like this, and the defense said she did not pose any risk to the community, but the judge went straight up the middle holding her in custody pending sentencing. >> we heard from the judge that the jury decided on the second to recharge days before they reached a verdict on the first-degree murder charge. break down what that first degree hinged on and maybe your surprise to the two guilty counts? >> the easier charge for the jury was finding that potter had been negligent. there was a risk in her drawing the taser and not her firearm that a reasonable person would have appreciated, and she did not do that. that was apparently the easier charge. the charge they took an additional two days to deliberate on, was the first degree man slater charge on, which requires them to find that she was reckless and she ignored a risk that was there, that she was firing a firearm and not her taser. some of the other questions that they asked were very interesting in this regard. they were interested in being able to feel the gun and the taser in their hands, and that makes sense because there was testimony that the firearm was heavier than the taser, and it was on the opposite side of her utility belt, and to snap to access it required a catch that her firearm would have required, and all that building into the prosecution's theory she was reckless when she believed he had a taser and not a firearm in her hands. >> joyce, we will let you get back to your family and christmas celebrations. thank you so much. a thorough and transparent investigation after a teenage girl was killed by a stray bullet believed to have been fired by an officer. it happened during a chaotic confrontation with an assault suspect yesterday. that 14-year-old girl was in a dressing room at a north hollywood store when that bullet came and killed her. police say they do not believe the suspect had a gun. coming up, rising tensions between the u.s. and russia. how the white house is responding to vladimir putin's new demand. a quick programming note. tonight catch a special edition of "all in" with chris hayes. he is joined by two guests to discuss the aftermath of the january 6th incident. h incident nice! if it's got to be clean, it's got to be tide. wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? 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>> some of this is about politics, lindsay, and the fact that towards the end of the year it became increasingly clear president biden was not going to be able to meet that christmas deadline of getting his build back better agenda through congress. the white house and democrats sort of started to pivot to voting rights, and they wanted to show, look, if we are not going to get this other huge priority through, at least let's show we are doing everything we can to get voting rights through, even though the prospects for that are frankly even dimmer than build back better. the other fact of the matter is that time is of the essence, lindsay, because not only do we have mid-term elections around the corner next year, but redistricting is under way around the country, and democrats concerned if they don't tackle the voting rights issue right now it could be too late and we will see the affects of that in the elections in november. >> what other issues are being thrown around right now as potential carveouts as well, and it's not just voting issues, right? >> we already saw the administration and congress side step the filibuster to get the debt ceiling increase, and now biden saying in an interview he will support a carveout for a filibuster for voting rights, but what is biding going to say to democrats saying, look, if voting rights is an important enough issue to get around the filibuster, why isn't climate change important enough? what about immigration? what about gun violence? i spoke jen psaki, the white house spokeswoman, and here's what she told me yesterday. >> he's happy to have that conversation with democrats and certainly that will be the conversations in the year ahead, and he was asked about the voting rights specifically and filibuster specifically. he said he didn't think we will have to go that far but he was crystal clear in his answer that he supports making an exception for voting rights -- >> in order to change the rules for the filibuster, you would need all 50 democrats in lockstep, and right now it's unclear they could get that, especially given opposition from kyrsten sinema of arizona to making any changes to the filibuster. >> there we are again. josh letterman, thank you. in his nearly four-hour press conference yesterday, putin laid the reason for tensions at the ukrainian border on the u.s. and its allies. russia currently has a 100,000 troops stationed at the border, and jen psaki was asked about those comments yesterday. >> reporter: is there a response where it's the west that is promoting tensions in the region, and also his demands that russia received assurances made -- >> well, facts are a funny thing and facts make clear that the only aggression that we are seeing at the border of russia and ukraine is the military buildup by the russians and the rhetoric from the leader of russia. >> i am joined now by a foreign columnist and associate of the "washington post" and msnbc contributor. what do you think about the responses from putin? does it tell you anything about the over all strategy with russia? >> as jen psaki said, facts are funny things. evidence of a russian build up along the ukrainian border has been clear for several months, overhead photographs were available commercially, and the idea that putin is saying that the west, the united states is threatening along the border, it defies what the world can see. what i took from putin's theatrical four-hour annual press conference was a fairly carefully nuanced response to the u.s. putin says he wants a diplomatic solution, but he's keeping on guard on what he claims of these western threats to him. russia said he expect to be in the negotiations in geneva in january, and that's essentially what the biden administration has been arguing, and they have been clear they will not meet all the putin's demands, and they are prepared to talk about security issues that concern russia and the u.s. and the west, so i think that's where we are headed for the moment. >> rob portman released a statement saying i strongly urge the biden administration to begin to increase military assistance, including lethal assistance to our allies. russia must know that any offensive military actions it takes against europe will be at a high price. is ramping up military assistance the right path forward? >> well, it's a tricky issue. the white house has been struggling with that. we do have anti-tank missiles on the ground right now in ukraine, and presumably they are going forward. i think the concern in the white house is could we, by doing that, bring on precisely the crisis that we are trying to diffuse, do something the russians would treat as a pretext, see, we told you the west was threatening us and here's the new weapons, and use that as an excuse for going over the border. i think one significant thing with the white house, what it said in the last week, you know, backgrounding reporters, essentially, if russia does not invade, the united states is considering whether and how to aid an insurgency that would resist the russians inside ukraine, and that's a significant step, i think. >> putin and the white house raised diplomatic talks. how likely are we to see those in the coming years and how successful? >> both sides said they expect to be meeting, and they did not say precisely when or where, but it's probably geneva in january. it was a new balance of power, and the u.s. said bruntly we are not prepared to do that, to negotiate ukraine's future independent of ukraine. each side stated its opening position and talks will go forward. i think the biden administration's hope is that extended talk will de-escalate the crisis. there's a real danger that the russians could invade a country in europe, and they don't want that. the talks are likely and it's a better option than war in january and february. >> only have about a minute left with you, but your column is on president biden's foreign policy approach so far. beyond russia, what will be his significant test in the coming here? >> well, i think for this administration job one is dealing with the rising china. one reason they wanted to have better relations with moscow, you remember when president biden went to geneva and met with putin in june, and they had a very warm discussion and a series of things that they talked about, negotiating, and it's probably because the u.s. wants to focus on china and the endo pacific. china, they have a much more aggressive foreign policy, and that's the overriding issue the administration is thinking about and i think they will be working through 2022 to shore up u.s. alliances, in particular, i think, with the countries that are known as the quad. japan, india, australia -- key players in asia, and the u.s. wants to have them as what amounts to a partnership to deal with the phenomenon of a rising and aggressive china. >> we have to leave it there. thank you so much. coming up, dreams of a white christmas melting away for most of us. how climate change is changing the music script forecast. before we go to break, we're tracking something else. santa's sleigh just passed through. check out their website or call the command center for updates of where he is throughout the day. like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. 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[sfx: sniffs / long exhale] ♪ and my clothes smell so much fresher than before ♪ ♪ yeah, yeah ♪ ♪ i'm a ganiac, ganiac, check my drawers ♪ ♪ it's a freshness like i've never smelled before ♪ one sniff of gain flings and you'll be a gainiac too! the only detergent with oxiboost and febreze. right now parts of the western u.s. are bracing for extreme weather. we are seeing flash flood warnings and chances for heavy snow, and for the rest of us it will be unseasonably warm for other parts of the country. >> holiday classics may need a re-write as a chance for snow on christmas seems to be melting. the first week of winter bringing forecast highs near 50 degrees in new york and 60 in denver, which recently saw its latest first snow in 87 years. >> it's hard to get in the holiday spirit when it's not snowy. >> it makes me feel a little disappointed. >> many shoveling their hats and gloves over the holiday, as there's a little chance of a white christmas. in the 1980s, nearly half of the country had snow on the ground on christmas. in recent years, that number was below 40%. are our chances for a white christmas drying up? >> yes, in many areas of the country they are. lot of people scratching their head as to why they are going to make up christmas morning for six, seven years without snow. >> snow is down by 4% in our nation's capital, and 6% in denver. >> they are being changed in very small ways that accumulate up to big impacts. >> a difference that means that white christmas may be a thing of the past. >> for more on what the christmas forecast looks like for millions of americans, i want to bring in our meteorologist, michelle grossman. where will we see a white christmas and where will we see record high temperatures? >> not many of us are going to see a white christmas. it's all out to the west, near the rockies. feeling more like memorial day as opposed to christmas day. this is what it looks like on radar right now. you can see lots of blue, that's the snow. some green. that's the rain. yellows and oranges, that's heavy rain. phoenix, we are seeing heavy rain falling now. we have had storm after storm, and that's going to continue for a while. we saw that storm that impacted california yesterday moving really near the four corners and we will have another system move onshore tomorrow. winter alerts from the northwest, southwest and to the rockies, and up to eight feet of snow in some spots. where you see the pink, that's your winter storm warning. we are expecting flooding in parts of southern california where we are looking at the green especially in the burned areas, because we are seeing up to six inches of rain in some spots. here's your setup. that first storm over the four corners, and then as we look at the next storm coming onshore, it's a cold storm so lots of snow with that, too. we could see snow in seattle, and rain for places like san francisco, los angeles, and quite a bit of it as well. as far as snowfall forecasts, we are looking at two to three feet, and up to eight feet in some spots and that's on sunday. we are looking at record highs in the middle of the country. we are looking at 80s, so a lot of short sleeves for your christmas list. we are looking at record highs and millions of people seeing above high temperatures. and that extends to parts of the midwest and to the northeast, especially by christmas day. that dramatic weather is taking place in the west where we are seeing the heavy snow and rain. near christmas day forecast, more record highs in the central and southern plains and sunshine as well. we could see a little system bringing rain to the ohio valley, and a little snow to new england. we woke up to a little dusting, so that was fun. snow in the northern plains where we will see a white christmas for sure in the pacific northwest. record warmth today, 80 in tulsa. this feels more like summer opposed to winter. by saturday, christmas day waking up to not so much of a winter wonderland, 84 degrees in houston, and 87 in pensacola. as we extend it to next week, lindsay, we will still see the warmth staying in place. we saw that package with emily, and it looks like we will keep that warmth in place for quite a while. >> thank you so much. the largest and most powerful telescope go into space on christmas day. it's the size of a tennis court. it will be able to look deeper into space than any other telescope that has been launched before. it will orbit a million miles around the earth and the sun. this display is attracting lines of cars, up to two miles long all while raising tens of thousands of dollars all for a good cause. hey joshie... wrinkles send the wrong message. help prevent them with downy wrinkleguard. feel the difference with downy. ♪ ♪ ♪ age before beauty? why not both? visibly diminish wrinkled skin in... crepe corrector lotion... only from gold bond. right now president biden and first lady jill biden are calling in norad as it tracks santa's sleigh, and they're talking to kids on the phone about what they want for christmas. a few minutes ago they made an unexpected christmas eve stop. they posed for photos in front of this tree. you see here decorated with some d.c.-themed ornaments. you see the toppers, an image of a first lady. the president told reporters americans should keep the faith this holiday. before we go, we have a story about a georgia family that has turned christmas into a full time job. in the process, they turned their home into a holiday light display all for a great cause. on this christmas eve, we leave you with a report. i'm lindsey riser. have a great christmas, everyone. for residents of georgia, a visit to the north pole is a car ride away in feyetteville. every december fairy tale characters and even ninja turtles come to life curtesy of mike and gwen, the unofficial santa and mrs. claus at the heart of the winter wonderland. it all began 33 years ago when the couple, parents of three, decided to add a little magic to their front yard. >> we decided to put up three yords, ho, ho, ho, and that was it. >> one display soon grew to dozens that attract nightly lines of cars up to two miles long, maintaining the exhibit has become a full-time job. 73-year-old mike is building six months of the year. his crowning achooechld? two charge working ferris wheels. >> my son road the ferris wheel and he was four and five and now his children ride the same ferris wheel. >> there's no fee for onlookers but the couple accepts donations. toys go to toys for tots. financial contributions go to the march of dimes. >> thank you so much. >> for a very personal reason. >> ten years ago my daughter had twins, and you'll have to excuse me, but we lost one of them at 11 weeks. and it was devastating. we decided that that would be another great way to give back. >> last year the couple raised nearly $40,000 for the cause. >> i like the christmas one. >> yeah. >> even with pandemic and politics dividing the nation, they have found their winter wonder is magic everyone can agree on. >> it's like a family tradition to come see the light show. >> let's face it. in today's world, there's some things that are just kind of weird. and this is old school, and we try to make it whimsical for the kids, and they think it's amazing. uch as you do, like this guy in a hat. that's why progressive car insurance covers your pets for up to $1,000 if they're ever in a car accident with you. this mini majorette's gonna march her way right into your heart. -i'm sorry. can we stop? i know that we're selling car insurance here, but, you know, all the cute little animals, it's too much. define "too much." what's wrong with cute animals? -so are we doing this or what? -nah, it's over. [ sighs ] well, someone's got to break the news to mittens. [ squeaks softly ] she's a diva. [ mittens squeaking ] (vo) t-mobile for business helps small business owners prosper during their most important time of year. when you switch to t-mobile and bring your own device, we'll pay off your phone up to $1000. you can keep your phone. keep your number. and get your employees connected on the largest and fastest 5g network. plus, we give you $200 in facebook ads on us! so you can reach more customers, create more opportunities, and finish this year strong. visit your local t-mobile store today. if you're washing with the bargain brand, even when your clothes look clean, and finish this year strong. there's extra dirt you can't see. watch this. that was in these clothes... ugh. but the clothes washed in tide- so much cleaner. if it's got to be clean it's got to be tide hygienic clean. no surprises in these clothes! couple more surprises. i'm joe fryer. nice to be with you on this christmas eve, a day americans are being tested in many ways ahead of their holiday get togethers. first with the ongoing surge of the omicron variant. many people enduring long testing lines to make sure it's safe to gather with friends and family. that's if they can even find a place to get a test. a short time ago new york's governor announcing the they shattered the record for new covid cases. >> 41,441 new cases. that's because of widespread testing out of nearly 61,000 tests done in just one day. >> at the airports, passenger patience is being tested as well.

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