it is monday, december 27th. we start with several late breaking coronavirus developments. cases are surging. and the break in records. dr. fauci warning cases of the rapidly spending omicron variant will keep going up. with the country averaging 200,000 new covid cases every day. >> very well may be that focusing on hospitalizations as the parameter to follow and if they stay low and do not go back up but we are not there yet. we get increases in hospitalizations so we better be careful to think we are in good shape when we still need to be extremely careful getting people vaccinated and boosted, making sure we wear masks. we are in a tough situation. >> new york setting a record on christmas eve. nearly 50,000 people tests positive for covid and concerns of kids. the number of child hospitalizations from covid-19 quadrupling in new york city in recent weeks. with other cities on edge. renewing calls for parents to get the kids vaccinated. and then to top it all off, scores of travelers dealing with delays from coast to coast. omicron slamming airline workers causing widespread staff shortages leading to more than 2,000 canceled flights. in the united states since christmas eve. but there is, everybody, some good news. this hopeful note orr the holiday weekend. >> we have made tremendous progress in the last two years by studies recently done we have savered more than a million lives with vaccination efforts why it is tough right now and a prospect of another wave with omicron coming but we know how to stay safe than ever. your risk of a bad outcome is much lower and will get to the end of the pandemic. >> i have the best team with information. we have kerry sanders and sam brock in florida. welcome to you all. thank you for joining us. we appreciate it. kerry, as we talk about some of those flight cancelations, you have a lot of people's travel plans over the holiday weekend up ended because you have crews testing positive for covid. i had a friend yesterday morning say they were on the way to the airport and then they learned the flight was canceled because of covid. what are you seeing? >> reporter: the story is really in the numbers. looking at the number of flight it is an are canceled andy layed right now. looking at the numbers right now delayed, 1,213 flights that are delayed. but 792 cancelations. that number continues to grow by the minute. and so if you're planning to go from point "a" to point "b" returning from family you want to make sure that you call the airline to check and then check online and prepare yourself for what is likely bad news why this is a result of the spread of coronavirus. among airline workers who are tested. if they test positive and omicron airport is spreading quickly. testing positive there is a quarantine to go into for ten days. the airlines have been pushing the cdc to reduce that from ten days to fewer but it is established ten day just the cdc not responded to the airlines. you have ramp workers, engineers, mechanics, pilots, the flight attendants, as they test positive and having to step out they don't have a proper support to get a plane in the air so it's sort of compounding and will go on for a little bit. this is not a day and then tomorrow is fixed because the employees are out for up to ten days and so if they're out for longer then you rely on the current workers to putt in overtime. they will not but can't work on the backlog that's growing. >> doctor, weigh in on this. talking about the isolation period, this debate over isolation. dr. fauci wanted to reduce to seven days. >> certainly with the health care workers we are doing that. it is under serious consideration for other essential workers because if the workforce is necessary to keep the country moving and everybody knows somebody now ineffected and so many people infected and breakthrough infections that we look at the possibility of diminishing the idea of isolation and with quarantining people exposed. a thing to be careful is of so many people in exposed but not infected but they have to stay out of action for ten days. if they have an essential job we want to get them back on the job before the ten-day period and discussed seriously by the cdc. >> as we are seeing with airlines and with so many other industries, they just cannot keep up because of the infections. by reducing that isolation period from ten to seven days you can get people back to work sooner. >> we know that one size fits all period don't always correspond to an experience. we have data that shows with breakthrough infections the period of time that you're contagious is truncated. i'm subject to the shorter period. many cases are not severe. not going to be dangerous to others and because of technology you can shorten it. mild infections are mild but it is seserely disrupted. we will see breakthrough cases and we can truncate isolation and quarantine periods with rapid tests. >> sam, at a testing site. we saw massive lines there. wanting to get tested before the holiday. how's it looking today, sam? >> reporter: kerry's right that the numbers tell a story. this is a branch library in miami-dade county. what you see is a snapshot. it's awfully congested. there's two lines. on one side these folks here are tested on site and waiting two to three hours. there's another line and show you video that wraps around the back end of the library for free testing kits. that's the wrong line. that's tropical park. we had other video showing people wrapping around the back of the library. some here since 4:00 or 5:00 in the morning. i spoke with a woman whose family had positive cases and her dad and wants a tests kitt and that's the line and the journey trying to find a testing kit in miami. >> i was kind of by south dixie looking for tests. i went to the walgreens. i heard -- i went there. my mom went to the ones by here. nothing we found. and the thing is like a week before i had bought a test and there are all in stock and fine. but i guess they all disappeared in a matter of three days and weren't there. >> reporter: two points to make. her father has to get back to work. people feel comfortable going into that environment and want to make the money for your family. cannot return to work without a negative test. that's an obstacle. 33,000 cases in florida in a single day. florida seen a 550% increase in 2 weeks in infections. >> quickly, do you know the turn around for a pcr in florida right now? >> reporter: the rapid antigen is a couple of hour just pcr test between 24 and 48 hours. they were getting the tests back within a day and remarkable looking at the other situations in the country and people waiting four or five days for test results. >> doctor, i got tested on december 17th. i had no symptoms. best to get tested because i was gathering with my family for the holidays. i didn't get the negative result until yesterday. that is of no use to me at this point. essentially nine or ten days later. what we're hearing from sam, that is the optimistic point of view and a great 24, 48-hour turn around. waiting ten days for the results i can't imagine what the numbers actually are versus what's reported. >> yeah. testing is the original sin of this pandemic. we are not able to test optimally. it's no excuse. we shouldn't be waiting and a result that you got is completely useful. that's why antigen tests make more sense to get the information immediately. that's why i've been pushing people screening for contagiousness to antigen test. the pcr takes too long. but this whole debacle with testing is really a failure and always been a failure and until we get that fixed pcr, home testing we'll never manage the pandemic. the anti-virals require a test within a short window of time. this is not going to work until people start to reflect on the fact that testing is a keystone to move through the pandemic and can't have the great tools but not be able to test people. it is a basic question. we need to know who's infected and who is not and who's contagious and who is not. >> i got to ask the risk to kids. we see hospitalizations up across the board with children. 800 a day. astounding and terrifying. i have a 3-year-old at home. what do you make of this? what's the risk to young children especially coming to omicron? >> generally we know that children are spared from severe consequence of disease. and when you have a swath of the population and children are the least vaccinated. some are going to get hospitalized. the best way is to get them vaccinated and to have them be around other vaccinated individuals. we have to guide through the data and see why they're hospitalizations and the syndromes. some hospitals are testing everybody that comes in and this is an unvaccinated population so it's not surprising to see the hospitalizations go up when the cases in general go up. >> all right. kerry, sam, doctor, thank you guys all for starting the show off for me. donald trump's current spokesman sighs the january 6 committee and number of players and games sidelines as the surge hits college and pro sports. the latest impact coming up. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire are you one of the millions of americans who experience occasional bloating, gas, matching your job description. or abdominal discomfort? 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(crowd cheering) therabreath, it's a better mouthwash. at walmart, target and other fine stores. it's a thirteen-hour flight, that's not a weekend trip. therabreath, it's fifteen minutes until we board. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight. thanks. we'll see ya. ah, they're getting so smart. choose the app that fits your investing style. ♪♪ welcome back. so this morning we are getting more insight into what the house january 6 committee is digging into investigating the insurrection at the u.s. capitol. nbc news obtained a copy of a lawsuit filed by former president trump's current spokesman. he said he turned over hundreds of pages and sat for a deposition and trying to block the committee of getting his financial records. he was subpoenaed in september. joining us with more on this nbc news capitol hill correspondent ali vitali. what is the committee hoping to learn from the financial records? >> the committee is trying to follow the money. a first time that we know of going to financial institutions and trying to get the money trail here as they try to look at not just the former president's role but the people around him and the planning of those rallies on the ellipse and at the capitol. now he is suing to stop that from happening. this was all happening on christmas eve and arguing that this should be stopped and not the first time to see someone in the trump orbit sue to stop the committee to investigate them too much. he complied but this in his mind is a step too far and an instance of trump allies after cooperating setting a bar and saying this is too much investigating and taking it to the courts. >> talk supreme court, as well. you got the former president trying to get the supreme court to block the national archives. the panel is asking the justices to speed up the review of this request. what is the committee saying about the importance of these record to the investigation? >> we know what the record of mark meadows did to give us insight of what happens happening in the white house and the people close to the president on january 6th and the terks messages that meadows to provided and this is more things like that. memos, talking points, potentially videos shot in the white house on that day. they want all of that information to paint the most detailed picture possible of the hours and chairman thompson said to "the washington post" they're looking at the president what he was doing and the role then. >> we'll dig more into this in the next hour and the former president's claim of executive privilege and how that really stands. ali, thank you for now. see you again soon. we are on verdict watch. jurors back deliberating the fates of maxwell and holmes. the latest on that coming up next. 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>> two major deliberations coast to coast. want to go to the west coast with gadi covering the ceo of elizabeth holmes trial. tell me what to expect. >> reporter: it is hard not to read into scheduling but that is this morning as people wait for the second week of deliberation just over 30 witnesses, hundreds pages to review and the talk of the jury possibly heading home last week and then reconvene in the new year but they are back this morning which could mean they are closer or have a lot of work to get through and want to do that. there's a chance if they don't reach a verdict today it could be a time before they meet again. the judge's schedule said he won't be available to january 4th and may not see a verdict in this case until the new year and the jury asked whether holmes should be convicted of fraud. the first is if they could take the jury strixs home. the judge said no. they wanted to listen to investigator pitches of holmes appearing to insin waiting the blood toast with the military overseas and never happened and all of that likely to be discussed by the jury again today and given that's her pitching investigators directly and unaware she was recorded. >> if jurors don't have a decision today do they have stay in isolation until january 4th? >> with omicron spreading and that's a very good question because the case is here in california are spreading very quickly. it appears as though they didn't have to isolate for over the christmas break but that's a very good question because right now everything's up in the air. >> yeah. certainly is. we'll follow up as the thing develops throughout the day. we appreciate it. thank you. the surge in coronavirus cases not only causing problems for professional sports teams but a major impact on the college bowl season. so far you have three bowls that have been canceled after teams pulled out without players to take the field and the sun bowl could be in danger. miami has issues in the football program. joining us is national college football reporter for the athletic. thank you for joining us on this. they are run by independent bowl owners or conferences and there is this idea that there's not a uniform policy when it comes to covid. is that what is contributing to the issue here? >> i think the biggest issue is that covid is spreading everywhere. college football this season has not tested as strictly as the nfl and nba. they have been testing unvaccinated players, players with symptoms and close contacts and got through almost the entire southbound without interruptions and now with covid surges everywhere you have players with symptoms and then test more because of close cob tacts and out a position group and can't play a bowl game. >> before making the transition to ncaa, what is are the policies put in place to make sure no more bowls are canceled? >> it's basically up to every school and bowl to do what they want. some schools are delaying the travel to the site. some of them are being more careful when they get there. we have the college football playoff on new year's eve. cincinnati and alabama got into dallas and keeping the players from anybody to potentially spread this virus. >> are the playoffs at risk of being shutt down and canceled? >> the college football playoffs said last week they won't move the semi final game. if the team has to forfeit they'll go to the game. the january game can be pushed back but if the team can't play it will forfeit and if both do there's no winner. this is college football incredibly like in all sports incredibly quickly. >> yeah. that is huge. literally shutting every industry down right now it seems. the omicron variant. before i let you go. talk about the ncaa policies to make sure games move ahead. >> they do not have a policy. this is the issue with college sports is basically up to the individual conference. caused problems last year and now problem in basketball and football, as well. >> wow. wow. all right. chris, thank you for joining us. we'll be watching with the holiday week heading towards new year's. everybody wanting to watch football. a progressive democrat with strong words for senator manchin after lawmakers fail to pass the build back better package before the holidays. what does it mean for the president's agenda? 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>> reporter: throughout the process the internal optimist is president biden. he is the one saying he thinks something can get done while others look at the reality of the situation and wonder how that might work and doesn't mean they won't try to pursue. white house officials essentially saying negotiations and talks will continue behind the scenes during this holiday break and then back in session in january they will try to chart a path forward. as we have seen from majority leader chuck schumer they want a vote to potentially reveal and hold some people like senator joe manchin accountable on what they're voting against and the president said he is optimistic to get something done specifically with senator manchin. the white house doesn't always read out when that happened and that's not happened in the last couple of days but the other issue is some who called to say what would the president be comfortable to lose or pass in smaller packages and the reality is there's no appetite for that here because they know how difficult to get the republican support. what could they scale back and over the inflation concerns which is what senator manchin is expressing for months. >> jake, we know that this president is optimistic. he won't say it's doa. we have to move on. right? but is there an indication that manchin is given the hope for optimism? >> sure why what monocade is right. there's no chance republicans support this. the question then becomes for joe biden and joe manchin is what can they take? what's possible to scale back and get into a smaller package. i would say the days of a $1.7 trillion massive package are probably over. maybe $1.7 trillion but have to narrow. i understand what's said in the op-ed in "the washington post" that manchin cannot deter the build back better act but he can and he has. he is the only person that matters and progressives will have a question. can they accept the scaled back package or nothing? doesn't matter whether one thing that joe manchin should have this power. he does have this power. so then they have to figure out what they do with that reality that he is the most important person in the building. >> so expand on this, jake, being the reality check for us. seems like jayapal is the reality check in the op-ed in "the washington post" and i want to understand this negotiation process. we can't be naive ant the difficulty of negotiating with someone who has not kept his commitments. not mentioning manchin by name but everybody knows who she is talking about and seems that the progressive caucus is going into this eyes wide open. >> they lost the leverage. they have given manchin what he wanted and republicans and this infrastructure package and putting aside whether that's good policy or good politics joe manchin and republicans got a victory and he was always squeamish about this larger package. he was squeamish about a large scale social spending package and the idea of some progressives, ocasio-cortez, was to hold off on the infrastructure package until they had this larger package set. that would have been with hindsight a better strategy to force manchin and the president and all those folks to come to the table with what the package to look like at the end of the day and now given that leverage and manchin holds the cards here and something that progressives struggle with. op-eds won't change that. i'm not sure what she means. they have been nigh nooef in many people's estimations and don't hold any cards. >> fired up jake sherman on this monday morning. >> that's not fired up, yasmin. >> if that's not fired up i got to see the fired up jake sherman. thank you. coming up, not so happy with the christmas gifts? 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. i'm so glad we're finally on vacation. yeah, and kayak made it so easy - searching hundreds of travel sites to find us a great flight. my ears still won't pop after the flight but i don't even care.... what? kayak. search one and done. hi, my name is cherrie. i'm 76 and i live on the oregon coast. what? my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been [click] put together. prevagen. healthier brain. better life. welcome back. this morning, a first look at the results of americans' spending spree. up 8.5% from 2020. 10.7% from pre-pandemic 2019. and now that the gifts are opened $120 billion of goods are being returned. nbc's shaq brewster joining us in indianapolis at a warehouse that processes returns and courtney ragan is with us. i have a return in process as we speak. we'll not mention who the gift was from out of respect and talk to me. what are you seeing with so many returns going through right now? >> reporter: you are not alone. there are more than $120 billion of returns processed this holiday season alone according to a new estimate. most returns don't make it back to the store shelves. some end up in warehouses like the one we are in right now. in this warehouse you're looking at 6,000 pallets of returned goods and not because we're not grateful. but two out of every three americans are planning to return a package this holiday season alone and many retailers say it's free shipping and we know that nothing is free and costing these retailers 7% more this year alone looking into the increased costs, transportation and storing at the warehouse and a major environmental impact. billions of tons of returns packaging at landfills and carbon emissions going up and we know that people are still planning to send returns back, especially looking at the retailers loosening up the return policies. >> grateful. incredibly grateful in spite of returning a certain item. we all are. especially for our health. courtney, outperforming. while folks return things they bought a lot of stuff this holiday season. how's that affect the economy right now? >> yeah. absolutely. so early da da from mastercard in store and online indicates that holiday sales between november 1 and christmas eve up 8.5%. that's a strong number. i think you noted the strongest in 17 years. moments. ♪♪ >> aah! >> families were back together. >> so good to hug you. >> no way. >> with so much to celebrate. >> hey! >> like a moment nathan told his adoptive grandfather he got a life changing football scholarship. >> are you kidding me? are you absolutely kidding me? >> what's it say? >> we're going to tennessee. >> reporter: when kevin of south carolina defied the odds and got into the college of his dreams. >> aa! >> the moving moment the community welcomed home 60-year-old mercy holt after a final round of chemotherapy. >> there was the strength returning to her to climb the last hurdle. >> reporter: families sharing in not just good news but great news. >> i'm cancer free. >> did you have your pet scan? whoo! whoo! >> and this -- this was the moment bob learned his distant relative carrie would save his life with a kidney donation. >> you don't know what this means to me. >> so many people this year gave so much of themselves. >> one act of kindness spread to countless others. >> eliot middleton fixing and donating cars to people in need. >> i wake up with energy and this drive to just do. >> thank you much. >> yes, ma'am. >> every single kid gets a turkey. >> carrying on the tradition of thanksgiving dinner for hundreds. >> to have people there with my kids saying how proud they were and how awesome my kids were doing. >> there was tyler who started a charity to give shoes to kids in need and same time he and his family were homeless. until david copperfield saw the story and did something remarkable. found them a home. >> i love people that inspire other people. that's my job i think to create infinite possibilities. >> and this special gift. a mother that lost her son donating the hart. >> they found you a heart. >> there were moments that inspired. >> step. doing great. you're doing awesome. >> from experienced athletes. >> i wanted to be there for him. you're not alone. he has a disability but a thousand other abilities to make him special. >> the high school runner that helped a fallen competitor. >> there's always little moments where five seconds can change somebody's life. >> teachers who made the students feel special. >> will you be my junior bridesmaids? >> students making others feel special. like when this beloved cafeteria worker became a u.s. citizen. what was it like turning that corner and everybody applauding? >> i wasn't sure why it was amazing. i cross another hall and more students. >> we honored the veterans. >> greatest honor to say congratulations, sir. on your commissioning. >> this moment lieutenant michael fisher's, hero, his father, honored him with his first salute. >> this group of kids running for their fallen heroes. >> it feels as if i'm reminding the world that my dad has made the ultimate sacrifice and he will not be forgotten. >> veteran kenny jerry overjoyed whether the community helped him get a new scooter. >> we got so many good people in this world. >> it restores your faith. >> yes, it does. yes, it does. kate, especially now with what we go through, the covid, the division, trying to talk to people. make them smile. take a deep breath. we can get through this. >> featured stories of love. >> we are together. we are in love. >> you don't know what will happen tomorrow. can't wait another day. >> often it was music that got us through. ♪ country road ♪ ♪ take you home ♪ >> when lieutenant gary's friend was hospitalized with covid -- ♪ you belong ♪ >> he sang his heart out to lift her spirits. >> and there was enrique rodriguez a hospital worker who helps the patients through song. >> that's when i felt it. i'm called to step into rooms where there's anxiety and bring peace, joy and love. >> and the holiday choir helping each other through it all that when we stand together things can get easier. >> we all needed that right about now. didn't we? thank you to kate snow and jose diaz-balart for that good news. we'll be right back for another hour? ur most bladder leak pads were similar. until always discreet invented a pad that protects differently. with two rapiddry layers. for strong protection, that's always discreet. question your protection. try always discreet. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. growing up in a little red house, whose resumes on indeed on the edge of a foresta. in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. psoriatic arthritis, made my joints stiff,... ...swollen, painful. emerge tremfyant®. tremfya® is approved to help reduce joint symptoms in adults with active psoriatic arthritis. some patients even felt less fatigued. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge tremfyant® with tremfya®... ask you doctor about tremfya® today. want to save on your home internet? 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