country is expected to reach 200,000 covid deaths. the virus can spread even if a person is beyond six feet from another person. there is growing evidence droplets and airborne particles can be breathed in by others and travel distances beyond six feet, for example in choir practice and restaurants and gyms. now the cdc page has returned to saying covid is thought to spread mainly within people in close contact, in six feet. i want to bring in doctor, who works at new york university hospital and she lost her dad to covid. right now she is a vaccine trial volunteer. dr. purnell, it's good to see you again. look at what we're seeing here, this changing in the guidance. what is your reaction to this?

>> brianna, this is problematic for me. as a public health physician, i have plenty of colleagues who work at the cdc and other federal agencies and we're usesed to cdc being a bed rock agency of science, of public health and for there to be this constant back and forth and this change, that's unsettling for the public. we understand the data and the science is growing. we're learning every day. it's still emerging. but this back and forth, one day and another position the next day is disruptival e to the american public. >> at the beginning there was a question of people talk. sometimes people spit a little bit. there was question of you want foobe essentially a way out of spiting distance, right? six feet away. then, when you're you're inside, are there tiny droplets

essentially floating around with virus in it? and we now know, when we look at what we've seen about indoor dining be a huge risk factor and indoors lack of good air circulation. tell us what we know and how people need to operationalize the knowledge and their behavior to stay safe? >> what we know is being as far away from a person as you can be will keep you safe. six feet was a best guess on inscience as it was emerging. what we know is the mask is the safest way you can prevent transmission of the virus. it took so many cities across the nation this long and protracted pattern of opening up businesses, allowing indoor dining in certain places. because we knew respiratory droplets could be spread, could be hanging in the air, especially in places where there's low ventilation.

so, for the american public to be safe and use what we call infection prevention guidelines, it would be to damask and be as far away from others as you can, at least six feet. >> i want to talk to you about something on friday, the hhs secretary prohibiting the fda and others from signing new rules on vaccines or food and medical topic. quote, any speculation about this memo being motivated by policy considerations is utter ly misinformed. it does not pertain in any way to guidances or vaccine or drug approval or authorization. it is simply ministerial administrative act of -- attaching a signature to a document. >> i go back tathis being problematic. we have record levels of

mistrust and we have mistrust because this pandemic has been so destructive and the federal government's response has been episaudic, at best. not one consistent theme, not one consistent strategy. so, when this happens today, this causes more speculation. why do we need all these policies and guidelines to be signed off on by the hhs before they can be made public? it seems that politics have come into the picture and in public health, politics can't come into the picture because when it does, people's lives are at stake. >> you know this nation is about to reach this grim milestone of 200,000 deaths and today the president gave himself the highest remarks for his response. let's listen. >> we're rounding the corner. with or without a vaccine. they hate it when i say it but

that's inway it is. and we've done a phenomenal job, not just a good job, a phenomenal job. other than public relations but that's because i have fake news. you can't convince them of anything. they're a fake. but on public relations, i give myself a d and on the job itself, we taken a a plus. >> i give him an f. this is a fake news. we have almost 200,000 americans who have died because of this pandemic. my father being one of them. i worked in north new jersey, which was an epicenter of the ispandemic and i saw first hand the destruction. i saw the lives lost and i saw how devastating it was to families. for the president to be able to say this is fake news and i give myself this rating, i don't agree with that. we've lost so many americans. more than we have in any world war we've participated in, other

than world war ii and the civil war. that is a staggering toll. that's not something we can turn a deaf ear to and not evilen the president of the united states can. >> dr. purnell, thank you so much. and again, i'm so sorry for the loss of your father. you're going through something professionally, that is something demanding so much of your colleagues and suffering a personal loss as well. thank you so much for coming on. >> thank you. thrjs daily number of new infections is starting to tick up again, just as we're weeks away from flu season and colder temperatures sending people indoors. and more than half the country is experiencing a new rise in cases. >> reporter: we've looked at this map over and over again and we've seen better times. that's not now. 30 states see their numbers rising over the previous week. some are holding steady.

only a half dozen are watching it decline. this is a terrible sign. and if you look specifically at the infection rate in individual places out there, what you'll see is it's very high on a day-to-day basis. between 41 and 42,000 new cases every single day. up 19% from last week. again, a terrible, terrible trend we do not want to see in any of this. and look where it is rising. across the west and midwest, you can see wisconsin, one of the highest states. idah idaho, south dakota, where they had the big motorcycle and presidential rally, kansas, iowa. many are places that are very strong in support of president trump. now, why is it rising right now? there are many different possible reasons? one is that school is going back in. maybe a lot of summer gatherings. maybe it's just that people are

getting tired of hearing about masks and distancing and all the things they have to do. but we do know those things make a difference. and when you look at the numbers -- forget all your politics. the numbers say we absolutely have not turned a corner and we may not have a corner in sight. and the numbers are climbing ever higher. tom showed them to us. and during that time, we don't want to lose sight of the people who are behind these statistics and the families greaving the loss of their loved ones. in new york, dr. ad line was a 28-year-old rn who help would the influx of covid patients. on august 4th she was put on life support. then days later, she developed a brain bleed. quote, our beautiful daughter,

sister, friends, physician, adeline passed away. we want to thank all of those who supported her and us during this difficult time. even in the darkest of times there are good people willing to share a piece of themselves in sake of another. if you can do one thing, be an adeline in the world. have a smile on your face, a laugh in your heart and a disney tune on your lips. and in north carolina, a couple married for more than 50 years died of coronavirus only minutes apart. 67-year-old johnny lee peoples and his 65-year-old wife were admitted to the hospital august 11th. when it became clear they wouldn't survive, they were placed in the same room september 2nd. they were taken off ventilators. and they died holding hands. darlene was supposed to retire

from her job at lap core the day before she died. johnny was an army veteran. and they're survived by three children, nine grandchildren. her son says the family feels cheated. can't blame them, right? quote, the message that our family would like to convey is that covid is real. it's not hoax or a joke. our parents took the proper precautions and tragically contracted the virus. they both had preexisting conditions. these didn't kill my parents. covid-19 did. my parents weren't just a blessing for me, my brother, sister, our spouses and our children. they were a blessing to every person that met them. my mom had the most beautiful soul of everyone you met. i'm not sure if my dad ever met a stranger. he could strike up a conversation with anyone and make them smile.

he coached youth sports and without them, the world got a bit more gloomy. and sadly, there is no end in sight as we head to the fall. we're back in a moment. who is usaa made for? it's made for this guy a veteran who honorably served and it's made for her she's serving now we made it for all branches and all ranks whether they served one tour or made a career of it. we also made usaa for military spouses and their kids usaa is easy to work with and can save you money on auto, home and renters insurance. become a member today. get an insurance quote at usaa.com/quote usaa. what you're made of we're made for

we have breaking news. a federal judge dismissing a lawsuit challenging the new mail-in voting law. in this law, all active voters receive a mail-in ballot, whether they ask for one or not. the president has falsely claimed universal mail-in voting will lead to wide-spread voter fraud and the judge agreed, saying the campaign's arguments are too speculative and they

fail to prove there was a, quote, substantial risk of putting the election in jeopardy. president trump is moving quickly to replace justice ginsburg. in an interview, he provided this timeline. >> there are actually five i'm looking at. it's down to five. frrbls and we're, you know, they're all -- it could be any one of them. i will announce it either friday or saturday and then the work begins. >> one senate majority leader gets the green light, he will put into motion what could be a conformation vote before the election. fell us what we should be expecting here, phil? >> i mean right now all eyes are on senate republicans. if they have the votes, if they have at least 50 of their 53 members ready to vote yes on whoever president trump selects later this week, they can likely not be blocked at all.

there are some procedural options but republicans have the votes, they can move this forward and that's precisely what senate majority leader, mcconnell is trying to do. when the news of ginsburg's death, mcconnell made very clear in the letter to his colleagues if you are thinking of speaking out against moving forward, like republicans did in 2016 when they blocked president obama, hold your fire. keep your powder dry was indirect quote from that letter and that means all eyes are on the small subset of the republican senators. we've seen two, alaska, and maine say they don't believe there should be a vote or consideration of a nominee before the november 3rd election. collins saying she believes the winner of november 3rd should be the one who selects the next pick. they can afford to lose three. so, now all eyes are on senator mitt romney. we're told he won't until republicans meet tomorrow.

obviously he buffed the president on one impeachment charge a couple of mungs ago. feels like years ago now. and chuck grassley, who shepherded the brett kavanaugh nomination through. he said he didn't believe a hearing should be held prior to this moment. and keeping an eye on a couple other members as well. cory gardner, one of the most endangered republicans from a mostly blue state in colorado right now. i think the bottom line is senate republicans will be back and mcconnell will meet 5:00 p.m. everyone is waiting for tomorrow what they say coming out of that lunch will largely dictate how the process moves, how fast the process moves and if there could be a new supreme court justice confirmed before the november 3rd election. and mcconnell pchsz expected to speak in a short minute, about 3:00 p.m. you should lay out some sense of

the path forward when he talks. and if president does get a third justice confirmed, obamacare is likely dead. they asked the supreme court to invalidate over the summer. and that would mean a 6-3 conservative majorityen the bench. en aes mated 12 million americans have lost their employer-based insurance. chief washington correspondent, julie is joining us now. julie, thank you for being with us. the supreme court is scheduled to hear the constitutionality case of the affordable care act the week after the election in november. where does that leave the aca? >> well, in peril. no one took this case seriously when it was filed in 2018. filed by a group of 20 republicans attorneys general and a couple of governors. they charged for not having

insurance, that the whole law is unconstitutional. and they found a class. and democratic attorneys general, who are defending the law because the trump administration is not, asked the supreme court to decide it before the election and they agreed to take it up sooner but not before the election and now we're facing the possibility that, with another conservative just, even if roberts were to rule in favor, which he's done twice, that might not be enough. >> and we're just looking at what our correspondent showed us. if, in the end flrks are enough to say i don't want to move forward with a conformation process before the election, if you have a vacancy without justice ginsburg, what kind of decisions could then be made about the aca? >> it could end up 4-4, which we saw several times. when inseat now held by justice

gorsuch was empty after justice scalia died. the lower court ruling stands, and in this case it wasn't really done yet or they could reargue it when the is a ninth justice. that also happens frequently. and a possibility that even with the eight, they could come up with a 5-3 ruling for something, eether to get rid of the law or keep it. >> the president has been -- president trump has been promising a health care plan for some time. he always says it's around the corner and it isn't. so, he's blown past his own deadline. so, if the court does get rid of obamacare and doesn't appear to be a replacement, what happens? >> we don't know but it would be a mess. not only take away very moppialer things like letting adult children stay on their

parents' health plans and the very popular preexisting protections and the coverage for millions on medicaid and who have bod their insurance on the obamacare exchanges. the affordable care act changed the way health providers get made. there might not be rules how doctors and hospitals and everyone else get paid. it could throw the entire health care system, even if you're not on obamacare, into a huge mess. >> and what about folks now, who have a preexisting condition because they may have recovered from covid but they were left with really a preexisting condition? we've heard that from some folks. >> people who think they're okay and recovered from covid, that's not to say that insurers, if they went back to charging more for people with more, could just determine if you've had covid, we're going to declare you have a preexisting condition.

>> a very good point. thank you so much. always great to see you. appreciate it. >> thank you. next president trump falsely claiming that democrats made up the dying wish of the late justice ginsburg. and they label three american cities as, quote, an arcy jurisdictions. i felt like... ...i was just fighting an uphill battle in my career. so when i heard about the applied digital skills courses, i'm thinking i can become more marketable. you don't need to be a computer expert to be great at this. these are skills lots of people can learn. i feel hopeful about the future now. ♪

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ginsburg, the yaev-year-old legal icon, reportedly dictated a statement to her granddaughter, saying her most fervent, dying wish is to not be replaced on the court until a new president is installed. and the president, claiming without any proof, that the wish was likely made up by democrats. >> that sounds like a schumer deal or maybe melohsy or shifty schiff. so, that came out of the wind. let's see. i mean, maybe she did and maybe she didn't. >> anna, you're well aware the president loves his conspiracy theories. what do you think of this one? >> listen, it's just a new conspiracy theory. they're hard to keep up with, right? i just feel that the reaction

has been so disrespectful to ruth bader ginsburg. and whether you agree would her politics or not, the american people, particularly women, rbg such a huge debtd of gratitude for how much she moved the ball on equality of civil rights. probably much like thurgood marshall who had also been a civil rights lawyer before being a judge. not just a judge or a lawyer, but a civil rights lawyer. and it's so disrespectful of someone whose body is still warm and hasn't been buried, who we know what her last wishes were, 87 with pancreatic cancer in the middle of a pandemic. we saw how small and frail and she was still showing up to work because she wanted to avoid this

debacle, this division, this break up of america that we are about to witness. just so disrespectful, it leaves me pained and speechless. >> as you with r watching this play out in washington, that republicans are moving quickly to try to confirm someone before the election and of course there are a couple senate republicans not on board with that. we're waiting to see if fl are more. what are you watching to see? and what do you think this will mean if this goes ahead? >> i'm watching some of the republicans who we heard in 2016 and saw in 2016 say completely the opposite and then you wonder to yourself. and you can answer the question of why the american people have such mistrust of instugzs and congress in particular. it's because of the astonishing mazing level of hypocrisy. in particular, i'm speaking to somebody like lindsey graham, who was my friend, who i thought

i knew so well. and i look at lindsey graham now and hear him and hear him from 2016, from before trump and think to myself, there's got to have been some sort of invasion of the body snatchers. who is this man? and where is lindsey graham? when you hear in his own words against me, okay, we will. >> rets let's have them. let's listen and then talk about it. >> this is the last year of a lame duck president and ted cruz or donald trump get to be president, they've all asked us not to confirm or take opselection by president obama. so, if a vacancy occurs in their last year of their first term, guess what? you will use their words against them. if an opening comes in the last year of president trump's term

and the primary process is started, we'll wait till the next election. and i've got a plety good chance -- >> you're on the record. >> yeah. hold the tape. >> it's pretty stunning, anna. >> it's uncanny how precise he described the process. not only has the primary begun, fl are states already early voting. we saw the long lines in virginia. we know it's happening in minnesota. early voting starting in my state of florida in a few weeks and absentee ballots are not going out. this is not the primary caucus. we are 43 days away from an election. so the hypocrisy, you go back to it being astonishing but i think we've gotten to a point where it's become the new normal. we hear the hypocrisy, we see it

and it's just one more hypocritical act and i think that's one of the things donald trump has done, he's taken these republicans and he's made them near shadows of their former selves. look, i remember when lindsey graham voted for sonia, was one of the republicans who voted for sonia soto mier because he felt it was the right thing to do to respect the new president's will. there is something to be said about respecting ruth bader ginsburg's last wishes. but also respecting the will of the people and respecting yourself and the stuff you said four years ago. it's on tape. this isn't hearsay. this isn't somebody saying he said this. no, even got asked as he was saying it, are you on the

record? what level of disrespect to yourself and your dignity and your honesty and if integrity must you have to go back on your word that way? >> anna, navarro, thank you so much for being with us. >> thank you. and next seattle, portland and new york are labels an,y jurisdictions. what that could mean for federal funding. and joe biden gets a cash advantage on president trump with just 42 days until election day. hi, i'm dorothy hamill.

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aetna medicare. keep doing what you love. sthqts department of justice is announcing three cities where protesters have taken to the streets, happen to be run by democrats and place wheres attorney general bill barr said local leaders turned down offers of federal assistance. the new designation comes with a

threat to block federal funding. senior justice correspondent has asked the department covering the story. so, what cities are we talking about that are being targeted and what's the legal ground here? what is the legal weight this designation will hold? >> reporter: first of all, the irony is ridiculously rich. the trump administration, the president, attorney general, are essentially responding to cities where there's been a movement to defund police by threatening to defund the police. that's what this means and this designation against three cities of seattle, portland and new york city, what it ostensibly does is threaten billions in funding that goes from the federal government to the states and to those cities to help fund the work of the police department. it's not so simple, however, because it's not clear that the president or the aferny general have the ability to just wave,

like a blunt magic wand, to deny that money. some of it is appropriated by congress. it's not necessarily discretionary for the administration to withhold it. i'll read you part of what they said today in evaluating the criteria for these three cities. they say they're looking at jurisdictions that forbid the police from intervene amid violence and destruction. jurisdictions where they've withdrawn law enforcement protection from geographical areas or structures where police normally operateple. and quote, any other related factors the attorney general deems appropriate. there's a lot of vagueness in this language the justice department has issued. look, some are suffering. new york city, there's over 200 shooting deaths this year. more than double from last year.

so, there's definitely problems in these cities. >> thank you so much for filling us in on this. president trump is now tamping down expectations on how hard he'll hit joe biden for the first presidential debate. he acknowledged he'll do pretty well given the former vie president's resume. >> i think he's a professional. i don't know if he's all fl but i have to assume that he's a professional and that he can debate. >> cnn's political director, the cohost of cnn's politically sound podcast, which is a fabulous podcast, if row haven't check itted it out. of course it's really good, very good. so, david, i wonder how you interpret this considering maybe this is considered good management of expectation, which inpresident has not done in the past and maybe he's learned something.

>> we're a week away from the debate. the president has been making the case to the american people for months that joe biden is slow and sleepy and not up to the job. he has this totally baseless -- i mean, zero evidence case he makes when he wonders if joe biden was on something because he didn't think he debated that well. president trump could not have lowered expectations for joe biden's debate performance any more than he already did. all he was going to have to do was stand there and not fall down non stage and he will have exceeded what president trump has already set in. i think he's scrambling now to adjust those expectations. i think that's a tall order so close 92 first debate. >> the expectations going into, say the convention, were the complete opposite and biden ended up giving a pretty good

speech and trump's lack the energy. this comment from president trump is happening amid a fund raising slump the trump campaign is experiencing. right now biden has a $141 million advantage. >> and that is cash on hand. that's how september start would the money in the bank. that means he's not only erased the fund raising advantage donald trump has had and we've seen him raising each month gobs of money. but he's over taken it and made it to an advantage on its own. hillary clinton outraised donald trump in 2016 and she's not inpresident. so, money isn'tarchy in malltics but it ain't nothing either. the fact that joe biden, heading to the final weeks, has that kind of advantage over nancome bnt president for this very

moment, is a real sign of, especially because so much of it is grass roots. and incumbent has built up this advantage and threat go and allowed it to become an advantage for joe biden. >> thank you so much for being with us. david challian and his great podcast. "politically sound." check it out. and i'll be speaking to a firefighter who tuck it upon himself to debunk inconspiracy theories about the wildfires in the west. and emmy's go on without an audience and two of its hosts, who tested positive for coronavirus. look limu! someone needs help customizing their car insurance with liberty mutual, so they only pay for what they need. false alarm. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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burning for weeks. millions of acres have been scorched by wildfires from southern california up to northern washington state. more than two dozen people have died including a california firefighter and thousands of residents have been forced from homes in the midst of a pandemic. scientists and political leaders are pointing to climate change as a cause of the fires but that is not stopped some on social media, including the president about spreading conspiracy theories about the origins of the fires. so one firefighter has taken to tiktok to debunk the nonsense. >> was this planned? >> probably not. >> if you're watching the news, the only thing besides coronavirus and the election is fires they're talking about. is it weird to know that the fires know when to stop at the

border. >> because it is a u.s. data base map you're looking at. you're reporting canada fires. look up canada, though. >> except for this one -- >> fires, lightning strikes, not very newsworthy. probably not. >> what you're looking at are burned trees. >> i used to work there. >> but wait, it gets weirder. if this is just a regular fire why were there -- >> that is literally not there. that is edited. come on, guys. just a little psa. you turned off commenting and duets to spark a conspiracy. this is a prescribed burn. we use drones. nothing crazy. stay safe out there.

>> and that firefighter, michael clark is joining us from hawaii. thanks for being with us and for providing this information that tons people have been watching. you were scrolling through tiktok and saw this blatant misinformation about fires on the west coast. so tell us about that decision engage in debunk. >> yeah, you know, i've just seen a lot of bizarre conspiracies about wildfires and some of them turn off commenting so you can't reply back so i just wanted to try and share what information i had to just help calm people down when it comes to all of this crazy nonsense that is obviously nonsense. >> so when this nonsense is getting out there and some folks are believing it, what is your concern? >> honestly, the biggest thing that concerns me is that these influencers, they have like over 2 million followers, tons of views and it is just dangerous.

it's -- and especially in 2020 with the pandemic. it is just not necessary to be spreading all sorts of false information. >> and you've become an influencer for the truth in this matter. tell us about the response you've received. >> overall it has been pretty positive. and i feel like that's very rare, especially with how divided our country is right now. so i'm just going to try my hardest to keep pushing positivity out there and really make a good thing about this. >> we've been watching state and local officials in areas that are all different political stripes going out there and saying, look, this isn't true and they've been tamping down lies about who is starting fires. i wonder if anyone has reached out to you for help in disspelling the rumors or are you on a solo mission? >> i don't know what label you wan to call these arsonists, the

biggest negative feedback from my video is i'm saying there is no arsonists out there. there is definitely arsonists out there. it is a common cause of wildfires. the simple fact is that it is not every wildfire that is out there, which is what some of the conspiracies are trying to lead to believe, there is a massive ring of arsonists going on and starting wildfires. that is just simply not true. >> because there is always lightning, right? but you have conditions that change based on, as we're learning, climate change. talking about drier conditions that make something waiting to be sparked? >> oh, yeah. there are tons of different causes. lightning strikes, you have machines. i like to recommend nc web, it is inciweb and look up any fire out there. it is public knowledge. if you want to know how that fire started and just look for yourself. my biggest message is do your

own research. >> well, hey, michael, thanks for being with us. >> thank you. we have more on breaking news ahead. the cdc reversing new guidance about how the coronavirus spreads in the air. plus the president gives himself an a plus on pandemic response as the nation nears 200,000 lives lost. i'm susan and i'm 52 and i live in san francisco, california. i have been a sales and sales management professional my whole career. typical day during a work week is i'm working but first always going for a run or going to the gym. i love reading. i love cooking healthy. it's super important to me. i was noticing that i was just having some memory loss. it was really bothering me. so i tried prevagen and it started to work for me. i wish i had taken prevagen five or ten years ago. prevagen. healthier brain. better life.

tv's biggest night went on despite the pandemic but the 2020 emmy's look unlike anything before. most star as peered virtually and it was audience free. two red carpet hosts were absent from the show. stephanie elum has detailed. >> it was a great night at the emmy's for succession schitt's creek and watchman. after a remote and socially distanced show from staples center. the preemmy show because the hosts both testing positive for the coronavirus according to nbc. as for the show, there was some politics involved. jesse armstrong the creator of succession taking a moment to unthank the pandemic and how some of the leaders around the world and media moguls have responded. >> thank you to president trump for his crummy and uncoordinated response. unthank you to boris johnson and his government for doing the same to my country.

>> and jimmy kimmel and many of the winners did also acknowledge ruth bader ginsburg. and encouraged people to vote. brianna. >> thank you. our special coverage continues now with kate bolduan. >> announcer: this is cnn breaking news. hello, i'm kate bolduan, thank you for joining us this hour. need to prepare yourself because the hour ahead has a lot of moving parts and some very important live events that are likely to be playing out for us. first, the senate majority leader moich lead leader mitch mcconnell is expected to speak from the senate floor any moment now. after the fight ahead, what is the case that senator mcconnell will make for holding hearings and a vote on the supreme court nomination just 40 plus days until the election. also president trump is set to leave the whi h