cdc, and she's been pressed after the decision to relax isolation guidelines just as covid cases hit record numbers. the question is did she provide assurance that the agency can, in fact, be trusted? and fully vaccinated. it's currently defined as two doses of either pfizer or moderna vaccines or one dose of the j&j. the question, is it now time to redefine that term? and ghislaine maxwell, convicted of sex trafficking for her role in recruiting teenage girls for jeffrey epstein. the question this morning, is the case closed? it's "way too early" for this. ♪♪ good morning and welcome to "way too early," the show that is really ready to close out 2021. i'm jonathan lemire on this thursday, december 30th, the penultimate day of the year. we'll start with the news. ghislaine maxwell will likely spend the rest of her life behind bars after she was found guilty of five sex trafficking charges. nbc news correspondent ron allen has all the details. >> reporter: after six days of deliberation, the jury found ghislaine maxwell guilty of five charges including sex trafficking which carries up to 40 years behind bars. >> the road to justice has been far too long, but today just his has been done. >> reporter: throughout the trial the prosecution calling two dozen witnesses, four women saying they were recruited, groomed, and sexually abeauted by epstein. they say he was able to sexually abuse young girls because maxwell was the key to the whole operation. she lived with him for years and was even referred to as the lady of the house. prosecutors showed pictures tying them together for years. maxwell received more than $30 million from epstein during the years her alleged crimes were committed. epstein took his own life behind bars in 2019, but his presence looming over the courtroom. the defense reminded the jury to separate maxwell from the disgraced financier saying ghislaine maxwell is not jeffrey epstein, adding she's been tried for being with jeffrey epstein. maybe that was the biggest mistake of her life, but that is not a crime. she could spend the rest of her life in prison. >> our thanks to nbc's ron allen for that report. joining us now, nbc legal analyst and friend of the show, danny cevallos. good morning, danny. thanks so much for being here today. this is an extraordinary spotlight on this trial. the jury deliberated a little longer than some people expected. let me start with a simple question. were you at all surprised by what they ruled? >> no, i was not. this is a case where the federal government does not normally lose. they have a conviction rate of over 90%. when they bring a case, it's usually ready to go. i was a little surprised at the length of deliberations, but at the same time, keep in mind, this was never a layup for the government in that they were prosecuting crimes that happened in the early '90s. i was in high school back then, and i'm certainly not young. so thinking about reconstructing what happened in the early to mid '90s today was a challenge for the government when most of the case rested on the credibility of accusers who took the stand and had to struggle with memories of traumatic events from so long ago. >> danny, you seem very youthful to me. the jury did find maxwell not guilty on one of the counts. explain why you think that happened. >> yeah. count 2, entightment. there you see it, not guilty, but guilty of the conspiracy to entice. you don't need to find the defendant guilty of the underlying crime to find them guilty of agreeing to commit that crime. conspiracy is called an incomplete crime. but they may have concluded that number one, jane, the accuser who testified, they may have found her not credible for whatever reason, or they may have found the enticement was ontario incidental. the intent was only incidental to the sexual assault. that maxwell didn't have the specific intent to entice her for the purpose of kmigt a sex crime. so that could have been what they struggled with as well in finding her not guilty of count 2, but guilty on every other count. >> unsurprisingly, maxwell's attorneys say they'll appeal. what strategy do you think they'll use in the future legal matters here? >> the most common appeal would be something like jury instructions. it's the best chance for appeal. you may also see appeals based on evidence that came in. look for the defense to challenge the age of the evidence, the staleness of it so to speak. but any number of things you can see that they will at least appeal on. but the challenge is that an appeals court doesn't look at the faxual evidence with fresh eyes. they really only look to see if there's been an abuse of discretion by the trial court. that's a very difficult standard to meet, and most appeals statistically are not likely to succeed. >> danny cevallos, happy new year to you. we'll certainly see you in early 2022. thanks for being here today. the united states broke its record for new daily covid cases for a second day in a row. according to data from "the new york times," more than 488,000 new cases were reported yesterday, bringing the seven-day average to 301,000. those are huge numbers. officials say the numbers may actually be higher than reported as fewer people were tested over the holiday. also people testing at home may not report their tests. rates of hospitalization are rising due to the omicron variant. more than 2,000 hospitalizations in maryland and 500 in the nation's capital. the cdc is cutting the isolation time for asymptomatic for people who tested positive. it was cut from ten days to five days. yesterday on "morning joe" the question was asked. >> in those recommendations we do not recommend a test for several reasons. first, we know the pcr test can stay positive for 12 weeks. if you were waiting for a negative pcr, you'd be waiting for months. in terms of antigen dwoerjts know how the tests will perform, whether they can predict whether you can transmit virus or not. >> in another interview on cnn, roy lenky said the new guidelines, quote, really had a lot to do with what we thought people would be able to tolerate. there's also a debate over what it means to be, quote, fully vaccinated and whether that term should include a booster. two officials tell "the new york times" the biden administration is considering scrapping the term and replacing it with language that reflects vaccinations. it should be, quote, up to date. as "the times" notes, redefining wait means to be fully vaccinated will surely incite political backlash. tens of millions who consider themselves vaccinated, without boosters could lose access to restaurants, offices, concerts, events, gatherings, any place where proof of vaccination is required. joining us now to talk about this, reporter for "the washington post," eugene scott. eugene, great to see you. we're glad you're here. there's a record number of covid cases in the u.s., almost hard to get our heads around, the sheer size of the infections that are across the country right now, nearing half a million. the biden administration, the president has said it candidly. he's said it publicly he knows they have to control it and bring it to an eventual end. how are they being judged right now? how worried is the biden administration at the case numbers? >> significantly because this is not where the white house wanted us to be at this point in the year, and there's great frustration among the american population of what is happening, the ongoing changes in terms of what it means to be vaccinated, how inconsistent so many organizations and companies are as you move from state to state in terms of what is allowed and what's require and how to move forward, and so getting on the same page and having a consistent message has been a really difficult task for many in the biden administration to accomplish, and it's showing everywhere you look. >> yeah. i mean, let's be candid. the director of the cdc did a round of interviews yesterday and really didn't have answered as to why a negative test was required to end isolation. that's leading to speculation. it's in part because there aren't enough tests to go around, for people to take it and get out of it. there seems to be no difference between the vaccinated and unvaccinated in terms of when they get to end their status in isolation. now let's get to booster shots frchl what we just read, it seems like a third shot is going to be required to be fully vaccinated. what kind of backlash do you expect from that and how do you handle people with religious exemptions trying to get out of it? >> i was speaking with people who are frustrated over the requirements are constantly changing, which to some degree is expected and norm as as scientists learn more and more about the virus. people were hoping to check a box and move forward and have some sense of security that they were responding to the pandemic in the healthiest way possible are feeling unsettled, anxious, and whether or not there's anything they can do to actually move forward to a place of comfort. you're seeing religious organizations or people associated with them raise more questions, wondering what is best for their health and how this conflicts with their values. not many of those questions are being answered, they feel, from their political leaders and even religious leaders. so people are heading into 2022 with a number of anxieties that people with power were hoping would not exist at this point by the end of the year. >> you nailed that. i think there's also a sense of just real frustration, almost a despondency as we turn to 2022 with no real end in sight. eugene scott of "the washington post." still ahead, amid high tensions in the ukraine, president biden is set to hold another phone call with vladimir putin supreme court is asked to remain. when we come back, a look at the weather predawn at the united states capitol. edawn at the uni states capitol i've lost count of how many asthma attacks i've had. but my nunormal with nucala? fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection-site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. first psoriasis, then psoriatic arthritis. even walking was tough. i had to do something. i started cosentyx®. cosentyx can help you move, look, and feel better... by treating the multiple symptoms of psoriatic arthritis. don't use if you're allergic to cosentyx. before starting...get checked for tuberculosis. an increased risk of infections some serious... and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms... or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms... develop or worsen. serious allergic reactions may occur. watch me. ask your rheumatologist about cosentyx. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. - your mom's got to go! - she's family. she's using my old spice moisturize with shea butter boost® high protein also has key nutrients and she's wearing my robe. mom: ahem ahem ahem we're out. the annual ball drop won't be the only celebration taking place in times square this new year's eve. new york city mayor eric adams said he'll be sworn in. he writes this, times square has long been synonymous with the new year, a place of excitement, renewal, and heap for the future. these are the same themes that animated my campaign and will inform my mayor alt as i prepare to lead the city. new york is going through with their new year's eve plans but scaled back. meanwhile the biden administration is being asked to extend the program in mexico. the policy which is officially called migrant protection protocols main dates asylum seekers at the southern boarder to wait in mexico until their case is heard as opposed to remaining in the united states. president biden suspended the policy on his first day in office. homeland security secretary alejandro mayorkas announced an end in texas and missouri and to keep it in place, calling it commonsense law. the u.s. has an obligation to keep asylum seekers safe while their applications are processed. a federal judge refused to dismiss an indictment charging four alleged leaders of the far right proud boys with conspiring to attack the capitol to stop congress from certifying president biden's electoral win back in january. u.s. district judge timothy kelly yesterday rejected defense attorney's arguments that the four men are charged with conduct that is protected by the first amendment right to free speech. kelly said the defendant had many non-violent ways to express their opinions about the 2020 election, quote, defendants are not, as they argue, charged with anything like bearing flags, arm bands, or appearing in sit-ins or protests. still ahead, green bay packers quarterback aaron rodgers allegedly could be weighing retirement. what we know about that, next in sports. know about that, next in sports and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. facing leaks takes strength. so here's to the strong, who trust in our performance and comfortable long-lasting protection. because your strength is supported by ours. depend. the only thing stronger than us, is you. [microwave beeps] [ahh] ♪ ♪ ♪ i'm so defensive, i got bongos thumping in my chest ♪ ♪ and something tells me they don't beat for me ♪ ♪ i love romance, but i got eggshells around me ♪ ♪ don't step on 'em, don't step on 'em ♪ ♪ don't step on 'em, don't step on me ♪ ♪ ♪ ♪ he'd better not take the ring from me ♪ feeling sluggish or weighed down? it could be a sign that your digestive system isn't working at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic metamucil. support your daily digestive health. and try metamucil fiber thins. a great tasting and easy way to start your day. welcome back. it's now 5:21 on the east coast, and it's time for sports. green bay packers quarterback aaron rodgers says he isn't ruling out requirement after the season ends. i don't know about you, but i'm a little tired of this guy. he will discuss it with his family and coaching staff. it's not something he'll drag out, unlike brett favre. rumor is rodgers was not happy on the packers, but he recently said he loves to coach and his teammates. they're allowing him to be a free agent after the 2022 season. after a rough start to this year and controversy over rodgers misrepresenting his vaccination status, they have the best record in the nfl with two games to play. the bulls won over the hawks. here's zach lavine, their star who scored 25 points. whoo! and he made things look easy on this. it's a 360-degree dunk with less than seven seconds in the game. if i did that, i would pull every muscle in both of my legs. the bulls go on to win, 131-117. in college football, there's the rose bowl t orange bowl, and now the cheese cheez-it bowl. dabo swinney is the fifth coach to win his 100th victory. cheez-its, a lot less sticky than gatorade. coming up in the show we'll talk about how the coronavirus has had a major impact on all pro sports and how it's causing the pro sports to re-evaluate protocol in the wake of of a surge in cases. time now for a look at the weather. michelle grossman, what kind of weather will we have as we ring in the new year tomorrow night? >> hi, there, jonathan. we have it all. springlike temperatures, winter weather, the potential for severe weather. let's take a look at what's happening right now. we had a tornado watch in parts of alabama and georgia, but that has been allowed to expire. you can still see some lightning strikes on radar through alabama, georgia, even into south carolina. some light rain in the mid-atlantic. then we have wintry weather along the great lakes. we're looking at a marginal risk for severe storms. we could see winds gusting to over 60 miles an hour and some hail in some of the storms. it's due to the warm air in place. feeling like spring once again today. 83 degrees in baton rouge, 22 degrees higher than what is typical this time of year. in nashville, 68 degrees, 19 degrees above normal. sbeechb pittsburgh, we're looking at 57 degrees. 62 in norfolk. atlanta, 75. 85 in new orleans. we're going to keep that warmth in place and keep the threat for showers and severe storms in place for friday, saturday, into sunday. talking about the winter part in the nation, we're looking at many, many winter alerts. winter storm watches and warnings. these will continue throughout friday. the highest elevations could see an additional 1 to 2 feet, especially in the sierras and rockies. in san diego, we could see 1 to 2 inches of rain there. jonathan? >> michelle grossman, thank you so much, and happy new year to you. still ahead, today president biden is set to speak with russia's president vladimir putin for the second time this month, but will it help de-escalate things with ukraine? before we go to break, what's your new year's resolution. email your answers to [email protected] or tweet me. be sure to use the #waytooearly. we prepare to say good-bye to 2021. we prepare to say good-bye 2021 cold coming on? zicam is the #1 cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! trelegy for copd. 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[cheering] that was awesome. and, the hits won't quit, with peacock premium included at no additional cost. all that entertainment built in. xfinity. a way better way to watch. welcome back to "way too early." it's coming up on 5:30 on the east coast, 2:30 out west. i'm jonathan lemire. president biden will hold another call with russian president vladimir putin amid ongoing fears that moscow plans to invade ukraine again. it comes weeks after the two leaders held a two-hour virtual meeting where biden warned moscow of economic consequences if it invades ukraine. according to a statement from the national security council, the two leaders are expected to discuss, quote, a range of topics including upcoming diplomatic engagements with russia. the u.s. is ready for a diplomatic path forward but is also, quote, prepared to respond if moscow moves ahead with an invasion. there will be security talk that will include moscow's demand that ukraine not join nato. russia has mirrored nearly 100,000 troops near the ukraine border sparking fears of an invasion. joining us to talk about this, white house correspondent for "politico" and contributor to msnbc. it's so good to see you, my friend. there's a sense on both sides that any deal will be made at the principal level. give us your sense of it. is there any sense that this call will actually de-escalate tensions? could the russians start to withdraw troops from the border? >> i mean i think that's the hope from the biden administration. the issue with russia has been for administrations, and that's that they struggle with what vladimir putin is going to do and what he wants. every administration has come in saying they want a normal relationship with vladimir putin, with russia, and he tends not want it. that's not how he operates. they're going to talk about this bilateral meeting, say the same sentiments on the last call with putin talking about interveing and president biden letting russia know there's going to be serious consequences if there's going to be an invasion of ukraine, not completely knowing what the consequences are outside of economic sanctions. that's usually what happens with russia. but i think the u.s. has wanted to or is hoping since they came in, this administration, to move from focusing on russia, to be abe to talk and focus more on asia and china specifically, and so they're hoping to de-escalate tensions. unclear if that's what vladimir putin wants as well. >> yeah, unclear what he wants. certainly a lot of policy analysts worry that this is a precursor to moving in. the troops have been sitting stalled at the border for some time. eugene, i want to get you on something else. earlier in the show we talk about the remain in mexico policy, which, of course, has remained in limbo suns biden took office. it's taken a back seat despite surges at the border that have been well douchlted. you cover the vice president very carefully, and this is atop her portfolio. give us a look at where the biden policy stands now and where you think the supreme court will take on the remainder of the mexico case. >> the administration's main focus is what vice president kamala harris has been focused on, focusing on other countries before they get to mexico and other states, figuring out how to get companies to invest in those countries, do more in those countries. that's issue number one. then there's time to unravel, things that the trump administration put in and they tried since day one. this is something the president wanted since day one, a review of it. they continue to make it clear they want it to stay in place. how that continues if the supreme court is going to take it up is going to be something we're going to have to watch, but i will say the supreme court has already denied the administration's request on the policy. so they've kind of made it clear where they are on this. most would try to guess what the supreme court is going to take up, but it is something when they take up something, they take it much more seriously, especially an issue as big as immigration, something that people talk about as a national security issue and other issues in the country as well. so it's multi-faceted. >> the biden administration's plate is certainly full as we go into the new year. "politico's" eugene daniels. we're always grateful when you're here with us on "way too early." still ahead, the sun isn't even up yet, and nearly a thousand u.s. flights have been canceled so far today. we'll tell you what to expect as americans try to return home after the holidays. s try to rete after the holidays i'm greg, i'm 68 years old. i do motivational speaking in addition to the substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. most bladder leak pads were similar. until always discreet invented a pad that protects differently. boost® high protein also has key nutrients with two rapiddry layers. for strong protection, that's always discreet. question your protection. try always discreet. the travel nightmare at america's airports eased up a bit yesterday, but industry experts say the cancellations and delays, well, they could get even worse. millions are expected to travel before the final days of theyea saturday. flightaware records nearly 1,000 flights were canceled yesterday. that's on top of nearly 1,300 cancellations on tuesday. airlines have blamed the mess on staff shortages due to covid and extreme weather in parts of the country. tax season is just around the corner, and the irs wants its cut. any income brought in from drug deals, bribes, stolen goods, and prostitution needs to be included on the filings. don't leave that out. this provision reports if you steal property, you must report its fair market value, but only if you don't return it to its rightful owner in the same year. this baffling regulation went viral thanks to a post online and amazingly the law has been on the books for years, though, that feels like something affiliated with april fools' day. tax day is april 15th. be sure to blog your briberies. still ahead, u.s. covid cases are raging at an all-time high, even as top health officials find that omicron is less serious than delta. a look at this date in history when in 1999, former beatle george harrison nearly died when a knife-wielding intruder entered the home he shared with his wife and home. >> those close to harrison saying being kill birthday acrazed fan worried him the most, especially after john lennon's murder outside his new york city parent. he felt the burden of being a beatle forever. >> whoa knows. what's it like not to be one, you know. what's it like not to be one, you know try boost® high protein with 20 grams of protein for muscle health. versus 16 grams in ensure high protein. boost® high protein also has key nutrients for immune support. boost® high protein. my nunormal? fewer asthma attacks with nucala. a once-monthly add-on injection for severe eosinophilic asthma. nucala reduces eosinophils, a key cause of severe asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. [music: sung by craig robinson] ask your doctor about nucala. ♪ i'm a ganiac, ganiac, check my drawers ♪ [sfx: sniffs] ♪ and my clothes smell so much fresher than before ♪ try gain flings and you'll be a gainiac too! the only detergent with oxiboost and febreze. when you have xfinity xfi, you have peace of mind built in at no extra cost. advanced security helps keep your family protected online. pause wifi whenever for ultimate control with the xfinity app. and family-safe browsing gives parents one less thing to worry about. security, control and peace of mind. with xfinity xfi, it's all built in at no extra cost. the united states is shattering records for daily virus as the coronavirus causes the variant to skyrocket. last week alone there were 1.2 million indications nationwide. nbc correspondent kerry sanders has the latest. >> reporter: the 60% surge in covid cases compared to last week, the giant jump in numbers largely due to the omicron according to the cdc. >> i hope people do their part to get vaccinated. >> reporter: new covid patients will likely spend the night in the e.r. because his hospital is at capacity. >> many will be unvaccinated. they'll have regrets. they'll ask to be vaccinated tonight, but i'll have to let them know it's too late. >> reporter: joining them on the front lines, national guard troops deployed across the united states. dr. fauci suggests omicron is less severe than delta. one out of south africa showed fewer admissions to the icu, fewer patients in need of supplemental oxygen, and shorter hospital stays for those infected with omicron compared to other waves. still many are questions why the cdc abruptly cut quarantine from ten to five days. those working in close contact with the public are worried they might be exposed. >> they're putting policies on the backs of the front line workers rather than supporting us. >> reporter: according to the cdc's most recent data, people are infectious one to two days before symptoms and peer and three to five days after. so these five days would be when you're most contagious. and according to the cdc that's 90% of when the transmission occurs. five days after you test positive is when isolation would end. the cdc says the symptoms would end and so, took would the likelihood of transmitting the virus. dr. walensky was pressed on why no test was confirmed for an all clear. >> it was not authorized for this purpose. its information would not be useful. we would say, you still need to wear your mask for five days. >> reporter: complicating things the fda says the antigen home tests which have been in short supply are less able to detect omicron. lauren johnson recently took four of them after being skoes exposed. she got a positive pcr test. >> they're limited in their sensitivity. you can have a false negative that can give you a false sense of confidence. >> joining us now, assistant professor of emergency medicine at st. joseph's regional medical center and merge medicine doctor dr. nathan swanson. thank you so much for joining us here. we've heard the nation is seeing record covid cases. there's a question of the effectiveness of tests and the availability of tests and new concerns concerning the emergency guidelines. tell us what you're seeing at the hospital in terms of the surges. how are you preparing for the spike that's come and perhaps a bigger one that's ahead? >> it's a bit of a bleak picture right now especially where the surge has already hit. we are quite overwhelmed in general, and it's a combination of patients who are very sick from covid, patients who are sick with covid, so they have other diseases they're coming in with, and then we have huge staffing shortages. that's really straining what we can do. people are talking about waiting in the emergency room for 12, 16 hours waiting for a bed. that has been there for quite a while. it's not much longer than that. people are waiting much longer to be seen by a physician. and i think the public is very frustrated. they're trying to get tested, they're trying to stay safe, and they're not able to stay safe. the home tests are very effective, very useful in knowing whether you are able to spread to others. people want that access. people are coming to the emergency department to try to get tested, and we don't have the volume, the capability of seeing everybody who's coming to see us. >> doctor, how many of those patients you're seeing are unvaccinated? >> when we look at patients who need to be hospitalized or go to the icu, it's almost all who are unvaccinated. i haven't seen anyone who's vaccinated that has had to be admitted to the hospital. so not even those being boosted, just primary vaccines. the patients who are really sick, need going to the hospital or icu, they're almost all unvaccinated. >> we've talked a lot on this show about kids getting back to classrooms when the holiday ends, new york city, specifically. let's talk about colleges. they just implemented a travel ban which will not allow students to leave campus once the new semester starts. what do you make of that measure, does that seem wise, and what hope do you give to college students hoping to return to in-person classrooms next month? >> i think these are the kinds of things we need to see in order to try to keep kids in school. these are college kids. if we want to keep them live in classes, not have these enormous outbreaks that came right before winter break, then we do need to institute keeping people in one place, reducing spread, reducing their access or exposure to others. and having testing policies is extremely useful, especially when you're screening a population and saying you're going to do tests regularly to see if there's a spike in cases. we need to put students at the front of those who need to be coming in live. that should be our priority, and everything else should come around that. in communities where they're closing schools and keeping bars open is nonsensical. schools open first, they should be closed last. that should be our priority. >> i couldn't agree with you more. thank you for being on the show. good look out there. earlier we asked you why you're awake. brad is retiring after 42 years. congratulations. gene, what do you have there? >> room for all the food when it's already full from christmas left overs. >> ginger, that seems to be a good question to have. >> amy is up because she's trying to change her flights back to france after our first flight for friday morning was cancelled. melissa e-mails this, i am up way too early because i have been covering for someone at work all week. my new year's resolution is to try to have a better work life balance. >> sending cards to family and friends and working on their posture. i will note this, a lot of the e-mails and tweets we are seeing are people infected with coronavirus or waiting for a test or bringing a loved one for a test. best of luck, we hope for a healthy 2022. a major impact for professional sports. ghislane maxwell has been found guilty. also ahead, nbc news chief correspondent, richard engel will weigh in on the implications on today's phone call between vladimir putin and president biden. 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the canadian government does not make the exceptions for the 17 who play there. >> that's a big question, john. we have seen what's happening in the league so far where the instruction has been put in place because canada is so much stricter of who can go where with covid. what's interesting is you are seeing more and more players kind of push back on this idea speaking of flyers, kevin hayes was in the protocol for a while and said just yesterday, i don't mean to make a light of covid anyway but my symptoms are not that bad. you are seeing more and more athletes surprise, not surprise but just kind of tired of this. wanting to play and if they are not experiencing symptoms, duowe really need to delay things. you see players speaking out, how are they going to handle this. i think the nhl has been kind of last in terms of pushing forward of opening things up among the major sports league in america. >> nhl and the nfl and nba, they have access to tests all the time and we are still seeing outbreak there which is reflective of how the prevalent is. what sort of concerns do the virus threaten the competitive balance of the league as playoffs approach? >> there is a lot of concerns. it comes back to what we are talking about moments ago. player in the league questioning is it necessary for us to be out of games. here in philadelphia, the washington football team played the eagles and washington had 23 players in the covid protocol. 21 of them according to the nfl were asome tom -- asymptomatic. that's disconnect of how prevalent the virus now and how many people testing positive verses the severity athletes of those who are suffering from it. >> the nfl has been willing to move some games a little bit. we have seen games rescheduled to monday and tuesday. have they give any sense of previews, what they may do come playoff time? would they move games particularly since those days of rest are so precious. >> you have seen the direction they're going to move when they move inaccordance to the cdc guidelines. >> you mention these leagues according to them have 90 or 95% of their players are vaccinated. carson wentz said he was not vaccinated, he just tested positive and his time frame of isolation drops like everybody els. the nfl is trying to keep covid in its most benign form from derailing the entire season and raising safety concerns you are talking about because of the time between games is so important. >> right. certainly it will be interesting to watch the unvaccinated. mike, thank you for being here and happy new year to you. let me just say to all of you. thank you for waking up way too early with us on thursday morning. this is our final show of the year. i want to offer sincere thanks everyone who works on it. we could not do it without them and of course thanks all of you for watching each and every morning. we can't wait to take on 2022 with you. that's all for us, "morning joe" starts right now. we'll see you monday. >> as you noel, the cdc has been criticized for mix messaging throughout the course of the pandemic whether on masks or boosters. why should americans trust the cdc? >> my job right now is to take all the science and the information that we have and to deliver guidance and recommendations to the american people that's adapted to the science at hand. this pandemic has given us a lot of new and updated science over the last two years and it's my job to convey that science through those recommendations and that's exactly we are doing. >> thi