good evening. another significant day in the derek-chauvin murder trial. another turbulent day for what appears to be the defense's attempt to suggest that george floyd was killed by the drugs in his system, or anything but officer chauvin's knee on his neck. some damage to that theory came when a key piece of testimony for the defense was completely turned around, just a short time later, by the prosecution. now, again, tonight, a lot to talk about with our legal and forensic team. but first, cnn's omar jimenez on

the day in court. >> just a reminder, you are still under oath. >> reporter: today's testimony. more cops taking the stand, against former-officer derek chauvin. >> in your opinion, does defendant's use of force, during that time period, need to be reasonable within the entire time period? >> yes. >> reporter: but one of the more significant exchanges came, when special agent took the stand, an agent with the minnesota bureau of criminal apprehension that led the investigation into the events of may 25th. the defense played him video from the scene. >> publish exhibit 1007. and i'm going to ask you, sir, to listen to mr. floyd's voice. did you hear that? >> yes, i did. >> did it appear that mr. floyd said, i ate too many drugs? >> yes, it did. >> reporter: but, minutes later, prosecutors played a longer clip from the same video. >> having heard it, in context,

you're able to tell what mr. floyd is saying there? >> yes, i believe mr. floyd was saying, i ain't do no drugs. >> so, that's a little different than what you were asked about when you only saw a portion of the video. correct? >> yes, sir. >> reporter: a key moment, as one of the defense's main theories is that floyd died, largely, from drugs in his system, combined with his medical history. earlier in the day, sergeant jody steiger, with the los angeles police department, was called by prosecutors as a use-of-force expert. and testified, like others have, the force derek chauvin used on george floyd was excessive. >> he was in the prone position. he was handcuffed. he was not attempting to resist, and he was not attempting to assault the officers, kick, punch, or anything of that nature. >> reporter: but chauvin's attorney, during cross-examination, focused on what could have happened. specifically, one of their central arguments. that the growing crowd became a perceived threat, and distracted

chauvin. >> and when someone starts threatening you, it's a possible possibility that an officer can view that, as a potential-deadly assault is about to happen? that's what they're trained. >> yes, that's what they are trained. >> reporter: but during prosecutor questioning. >> i did not perceive them as being a threat. >> and why is that? >> because they were merely filming, and they were -- most of it was their concern for mr. floyd. >> reporter: the defense, also, moved to show there were points, where chauvin's knee may not have been on the neck but on some portions of the shoulder. prosecutors called the placement irrelevant. >> is the risk related to the pressure on the neck? or the pressure on the body? >> the pressure on the body. any-additional pressure on the body complicating breathing, more so, than if there was no pressure, at all. >> reporter: in the final portion of the day, forensic experts testified about drugs found in the police-squad car, as well as floyd's vehicle,

including illicit drugs, in pill form. >> and what were the results of the testing? >> the tablets contains methamphetamine and fentanyl. >> were you able, at the bca lab, to quantify how much methamphetamine or fentanyl are in those pills? >> for methamphetamine, yes. for fentanyl, no. >> and omar jimenez joins us, now, from minneapolis. so, can you explain the context and significance of the drugs found in both vehicles? >> yeah. significant, mainly, for the fact that the jury can now hear, for themselves, that drugs were found in these vehicles. we did know, prior to this, that some of these same drugs were already found in george floyd's system. based on the autopsy report. but it speaks to the larger point of, as closely as you and i have been paying attention to this, the only people that really matter, at this point, are the jurors in that courtroom. and based on reports that we have gotten from inside, this week has seemed to be a little bit harder for them to pay full attention, as we've sort of been

in this expert-testimony phase. compared to what we saw last week, which was the more dramatic, emotional testimony phase that we saw. nonetheless, many of them have been taking notes. we've seen some confer, back and forth, among themselves. and then, of course, we work our way towards what will be the final portion of prosecutor testimony or prosecutor calling witnesses. trying to get to the official cause of death of george floyd. >> omar jimenez, appreciate it. thanks. joining us now, two cnn legal analysts, former federal prosecutor, laura coates. mark om-mara. >> who do you think has the stronger argument? >> well, the idea of the prosecution and the defense quibbling over what george floyd said is really a lack of focus here. and here's why. whether or not george floyd said he ate drugs, ingested them, in some way, or never used them at all. remember, it does not go to the heart of the matter here. which is, why derek chauvin, the

defendant in this case, applied a nonproportional, deadly force, what was not reasonable and there was no threat posed. and number two, even if they suppose that george floyd was under the influence of drugs. and that they thought -- the officers on the scene thought that, that was the cause of his physical distress. well, look, he's in the custody of police officers, anderson, which means they owe him a duty of care. why did they withhold that duty of care? why did they not render aid? if you were in a jail cell and went into cardiac arrest or was -- something was wrong with you. would you expect the guard to say, well, i didn't do anything about that so i'll leave the person, alone, to die, in some respect? no, we wouldn't expect that because if they are in your custody, they're in your care. why have they not provided information about to explain either of those things? the idea of what he said is a bit of a lack of focus, and red herring, for me. >> mark, obviously, the defense is -- wants to focus on drugs, as much as possible. they believe that could, possibly, be believed to be one

of the causes of death or a cause of death. also, you know, a lot of the members of the -- the floyd-legal team or family will say they are trying to sully george floyd's reputation, by linking him with drugs. does that -- do the drugs matter? >> they do matter, to a certain extent, because the defense has to come up with alternative theories of death. and at the very least, they have to be able to say that we don't know, exactly, what happened to him, physiologically. but we do know that those drugs in his system had some effect. and then, they get to argue that the state cannot prove, beyond a reasonable doubt, that there was a cause or connection or enough of a causal connection between chauvin's actions and the death. again, i think the defense has to be very careful. to me, it came across almost as a bit of a trick. this confirmation by do you hear what i hear? and i think that the jury's going to think that may have been a bit of a cheap shot. so they have to be careful. but absolutely, the drugs are

going to be primary focus for the defense because they have to come up with something, other than that nine-and-a-half-minute video. >> laura, you have made the point. and i think it's worth repeating because you did just mention it. that, even if drugs played some role. again, unclear, what, if any. but if they did, the fact that he was in police custody, handcuffed. that, they had a duty of care. >> absolutely, anderson. remember, the idea that came out in the opening statement by mr. blackwell. in your custody is in your care. remember, toxicology reports or the finding of pills, someplace else, or the analysis of indiscernible audio. this is all after the fact. what matters is what the officers knew, in that particular moment. they did not know what toxicology reports would yield. but they did know that somebody was in physical duress and they were in their custody. how do you know? the person was handcuffed, and literally, under the body of an

officer. they have a duty to protect and safeguard. and actually, render aid to somebody, who is in distress, in their custody. why didn't they do so? remember, you had the er physician testify that time was, essentially, of the essence. and with every moment that lapsed, from the time the person was not receiving oxygen. or was unconscious, in some way. that it was exponentially-less likely, the person would survive. officers are trained to perform and render cpr. and nothing about the crowd made it impossible for them to do so. it was a conscious decision. and this is a charge of unintentional murder, that's true. but it still does require that he had the intent to act, or not perform a task, that led to the death of george floyd. as long as you are having that sort of stay on the shore, keep your eyes on the prize, prosecution, about these issues. any discussion about whether he ingested or said this or did not say that. the person who was actually the defendant is derek chauvin, not

george floyd. >> mark, you know, in the trial of the officers in the beating of rodney king. i -- i remember the attorneys for the -- for the officers, sort of, going, almost, blow by blow, and trying to kind of come up with explanations. and explain things away, which, clearly, enough members of the jury believed. do you see the defense, in this case, using the videos, which we have now, all, seen, in some way, kind of trying to show it to the jury in a different way? >> i think they're going to. i think that's what they started with the still shots where they showed, at different times during the nine and a half minutes. chauvin's knee was not precisely on the neck. i think, they are going to show some of the uncertainties that exist there. because again, and, anderson, you and i have talked about this a lot. you know, the defense's job is to show that there is reasonable doubt. to plant those seeds right now and let them germinate a bit.

no question, they are going to go through that video, and try and say, here, it's not on the neck. here, he's doing. maybe, in this particular moment, floyd was resisting. and that allows for an increase in the force used. that is going to be the defense's case. if they can present it the right way, that reasonable doubt is the only way they are going to get away without a conviction. >> mark o-mira. in light of the forensic testimony today, looking ahead to perhaps pivotal testimony to come on the matter of george floyd's death. we are joined tonight by forensic scientist of the john jay college of criminal justice here, in new york. so, professor, kobilinsky, you heard questions about possible drug use by mr. floyd come back into focus today in that courtroom. how much could that factor into what a medical examiner or other-forensic experts might testify to, in coming days? >> well, it's certainly an important factor, because the

finding of the toxicologist from nms labs was that there were 11 nanograms, per milliliter of blood, which is a lethal dose for a healthy person. of course, when you have somebody, who is addicted to drugs and using this level of drug, fentanyl. you build up a tolerance. and you can withstand large amounts of fentanyl. that doesn't mean you can't overdose. but the fact of the matter is he was alive and well, before he encountered the police officer derek chauvin. >> the floyd family, as you know, had their own autopsy done. contradicting the county-medical examiner, attributing his death to asphyxia. how critical is just that distinction to the prosecution's case and proving the cause of death of mr. floyd's -- the cause of mr. floyd's death? >> in reality, it's not that much of a distinction. asphyxia can have different meanings. you can close off the airway. that is not the case, here. mr. floyd's airway was open.

however, the positional, the proning of -- of the body, down, and the handcuffing in the back. and not only the position, but the compression asphyxia. the -- the -- the weight of -- of chauvin's body and the other officers, pressing down on the torso, is enough to kill a person. forget the neck. i mean, the neck is an added factor. it's a complicated situation. but just the fact of the pressure on the torso, in a prone position, with handcuffs, with hands in the back, is enough to kill a person. >> so, wait. so, somebody just laying in a prone position on the floor with hands handcuffed, behind their back. even if somebody isn't putting their knee on somebody's neck. that can -- that can cause death? >> that's right. it's -- it's actually referred to as burking and it can be done if somebody is sitting on the chest. you don't have to be prone. if you -- if you prevent the chest from rising and expanding, the lungs can't expand.

you can't breathe in. the airway is clear but you can't bring oxygen in -- into the lungs. and so, there is a buildup of carbon dioxide. remember, the emergency-room doctor found a very high level of carbon dioxide. three-times the normal level, that you would find in a normal person. but that hypoxia, that low-oxygen concentration in the blood, resulted in cardiac failure. and that led to asystole, which is a flat lining of the heart. but this is more complicated than that because you have got the addition of the pressure on the neck, which, also, reduced flow of blood to the brain. decreasing oxygen to the brain. the brain can only survive four or five minutes, without oxygen. and also, that pressure on the neck can create a syndrome, the

vagus nerve are depressed and so that, too, can lead to a situation of cardiac arrest. >> yeah. >> the problem that the -- the -- the andrew baker has to explain. what medical reason did mr. floyd suffer a cardiopulmonary arrest? that's not in -- in the report. >> professor kobilinsky, i appreciate it. thank you. so much disturbing detail but important to know, and something all the jurors, obviously, are going to have to be facing, as well, in dealing with. next, one of the co-sponsors of police-reform legislation named after george floyd on the bill's chances in the senate. later, dr. anthony fauci joins us on why, despite more than 3 million people getting vaccinated. and in some places, is growing. r credit when you post your first job at indeed.com/promo

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alleged misconduct. a co-sponsor of the bill joins us now. congressman jeffries, so eight days into this trial, i am wondering what your impressions are of the prosecution's case, so far. and how consequential is the trial for the -- the equal-justice movement? >> well, good evening, anderson. thanks for having me on. i think that the prosecution has presented an incredibly strong case. to date, they've made clear, i believe, through overwhelming evidence and witness testimony, that excessive force was used. resulting in the death of george floyd. as far as i'm concerned, george floyd was killed, in cold blood. in what was, really, a modern-day lynching. something, that should never happen, on the streets of america or, for that matter, anywhere in the world. and it's, certainly, important for us to see accountability, as it relates to the death of

george floyd. more importantly, i think, it will be important for congress to act, in a decisive fashion. the house has passed the george floyd justice in policing act, through great leadership from speaker pelosi and congresswoman karen bass. and we're working with the senate, to see if we can get this legislation through that body, and to the president's desk. so it can be signed into law. >> you -- you tweeted, at the start of this -- of this trial, you said derek chauvin murdered george floyd in cold blood. it's not that complicated. obviously, the trial is ongoing. i wonder, how confident are you that the jury will return a -- a -- a guilty verdict, in this case? or will be able to come to -- to a decision? >> well certainly, seems to me that, based on all the information that we know, including what has been presented over the last-eight-or-nine days, and what will continue to come in, throughout the trial.

points to a clear conviction, in this particular case. george floyd had a knee to his neck, for eight minutes and 46 seconds, while handcuffed. including, while he was on the street corner, lifeless and motionless. let alone, clearly, he was not resisting. you know, for the last year or so, as we've been struggling through this pandemic. we've been urged, by the public-health professionals, to wash our hands for 20 seconds. for many of us, that seems like an eternity. those 20 seconds of washing our hands, which is something that we, all, should continue to do, as we navigate our way through covid-19. can you imagine, a knee to someone's neck for eight minutes and 46 seconds? that's murder. >> i want to, also, ask you about the january-6th insurrection. former-republican speaker of the house, john boehner, writes in a forthcoming book that the former-president, quote, incited that bloody insurrection for

nothing more than selfish reasons. or -- or perpetuated by the bull blank he had been shoveling since he lost a fair election, the previous november. i mean, speaker's words are not going to change the minds of those who continue to push the big lie, or deny the reality of the insurrection. but do you think they can have some impact? >> well, it's my hope that more republicans will continue to speak up. because right now, we're in a situation, where democrats from great leadership from president biden and vice president harris are pushing transformational pieces of legislation. like, the american rescue plan. so we can crush the virus and provide americans who are struggling, ultimately, lay the foundation to revive our economy, restore hope, and get children back in schools. and republicans are the party of donald trump, matt gaetz, marjorie taylor greene, the big lie, and the qanon-conspiracy theory. that is not sustainable, if we're going to have a

legitimate, two-party system. we can disagree about ideas. but perhaps, we should agree about the importance of american democracy. and right now, that is not the case with far too many of my colleagues, on the other side of the aisle. hopefully, beyond john boehner, more republican states' women and men will speak up and take their party back. >> congressman hakeem jeffries, appreciate your time. thank you very much. >> thank you, anderson. just ahead, we are fortunate tonight to have with us dr. anthony fauci. he will join us for a lengthy conversation about the new challenges, rise in cases, dominance of the virulent strain of the virus, and a lot more. we'll be right back. that's easily adjustable has no penalties or advisory fee. and we can monitor to see that we're on track. like schwab intelligent income. schwab! introducing schwab intelligent income. a simple, modern way to pay

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cdc says a far-more contagious variant of the coronavirus, first identified in the united kingdom, is now the dominant strain in the united states. florida and michigan have the highest number of cases of the variant. and those are two of the five states that now account for about 43% of all cases. once more, michigan is in the throes of a surge in cases. despite the success of vaccinations, thus far, it's premature to declare victory. we are pleased to welcome dr.

anthony fauci. president biden's chief medical adviser. thank for being with us, dr. fauci. cdc director, rochelle walensky, is warning of clusters of cases associated with daycare centers and youth sports. yesterday, you warned that more and more young people are getting into, quote, serious trouble. namely, severe disease requiring hospitalization. why are cases among kids and young adults, now, suddenly, rising? >> you know, i think it's what's called, you know, the relative impact of the virus. we are seeing, now, among elderly individuals, which were really those that were the most vulnerable, some-months ago. but right now, for example, more than 75% of individuals, 65 years of age or older, have had at-least-one shot of a two-shot vaccine. which means, when you look at the entire population, there's relatively-more protection, among older individuals, as opposed to younger individuals. so, what we're seeing, now, is what appears to be, but it's actually the reality, of a

disproportionately-more infections in younger individuals. you combine that, with what you just mentioned, what dr. walensky said, about clusters of cases in daycare, as well as school sports. particularly, team sports. which people engage, in close contact, without masks. i think, that is what is explaining these surges of cases, in young individuals. driven by the variant, that you mentioned, the b.1.1.7. which had originated in the cuk and now is dominant in the united states. >> the pfizer vaccine. it's available for teenagers, 16 and up. moderna and johnson & johnson vaccines are available for people, 18 and up. what do you recommend parents of children, under the age of 15, do? since there's no vaccine available to them? i mean, is it safe for children to be around unmasked-vaccinated people? >> yeah. anderson, i think, what we have to do is to abide by the public-health measures that we recommend, to the extent that we

possibly can. that is, universal masking, avoiding close contact, avoiding congregate settings, particularly indoor. there are a number of tests that are going on right now. trials. in age deescalation. to be able to vaccinate children, at a younger and younger age. there was just a trial that was completed, that showed, essentially, 100% efficacy, in preventing covid-19 in kids 12 years old to 15 years old. and soon, we are doing studies that, hopefully, within a period of several months, will get similar results in younger kids. even down to the age of 6 months. >> so, just nationwide, kind offof, big picture. in terms of hospitalizations, in terms of deaths, where are we, in this pandemic? i mean, in terms of the -- you know, the highs we've seen and the -- and the lows we've seen? >> well, certainly, deaths are coming down. hospitalizations are coming

down. we are seeing hospitalizations, as you alluded to a moment ago, a bit more skewed to younger people than it were several-months ago. but the number that is disturbing, anderson, is the number of cases, each day. when we had the big spike that we discussed so many times. that went way up to, you know, two to three or more 100,000 cases per day. then, it came back down. but now, it's plateaued at a distu distur disturbingly-high level. the last count, yesterday, was 63,000 cases, in a single day. when you are at that level, there is a risk of getting a surge, back, up. so, the way we are looking at it now, it's almost a race. between getting people vaccinating and this surge that seems to want to increase and do what's going on, for example, in europe. where they are having some surges now, that are really, quite alarming. we are vaccinating, now, between

3-and-4-million people, per day, and the vaccination program is going on really, very well. so, if we could just, as i have said so many times, hang in there a bit longer. to get, each day, more and more people, by the millions, are getting vaccinated. to the point where we will have enough people vaccinated, where the risk of that surge will diminish, greatly. so, that's really where we are right now. this, kind of, balance of a risk-benefit. namely, getting the vaccines going. and not just pulling back on all the public-health measures. now's not the time, as i've said so many time, to declare victory, prematurely. we still have a considerable risk there, that we need to get by. >> so, what -- is it known or clear, what percentage of the population needs to be vaccinated or fully vaccinated, in order to, kind of, cross that threshold? >> you know, anderson, the honest answer is, no. it's going to be a combination

of people, who are vaccinated, and those who have been infected. and have successfully recovered, and are immune to reinfection. at least with the wild type virus that expected them in the first place. this is a very elusive number, this issue of herd immunity. it varies, from disease to disease. it varies, on the ability and the -- the efficiency of transmission, from person to person. and it varies with the efficacy of the vaccine. i've said, multiple times, that my estimate -- and i have to underscore, anderson, it's only an estimate -- that it's somewhere between 70 and 85% of the population, where you have a combination of people who are vaccinated. and people who have recovered. you don't need, necessarily, to get to this mystical number. the more and more people you get vaccinated, the closer and closer you get to control. so, you may get to 50% of the people vaccinated or 60%.

and still, get to the point where you have a marked diminishing of the number of infections, per day. tha that's what we are looking for, and i believe we're going to get there if we keep vaccinating people at the rate that we are doing right now. >> there is still confusion about what vaccinated people can, and cannot, do. obviously, you try to model best practices, in your -- in your own life. you have been vaccinated. you're still wearing masks. double mask, i believe. i know you said you would feel comfortable flying right now, if it was essential. do you go out to dinner? have you seen your, you know, daughters, yet? i mean, what -- what do you tell people, who have been vaccinated? and, you know, are not model, necessarily, you know, wanting to be models for everybody else. but -- but don't want to do anything to hurt other people. >> you know, anderson, there -- there's kind of a twofold answer to that. what you can do, now, and what's going to happen, literally, as the weeks go by.

because, the more people outside, besides yourself, that are vaccinated, the more you can do, as a vaccinated person. for example, the first guideline that the cdc put out answering your question is, what can you do if you're vaccinated? and, that is, if you are with another-vaccinated person, in the setting of a home. you can really act normally. you don't need a mask. you can have physical contact. even if there are people in that home setting, who are not vaccinated. because if they are healthy people, and the risk of their getting a really serious impact or a serious effect of infection is so low. you can interact with them, without a mask. the next thing that was mentioned was travel. even though travel does increase the risk of transmission, if you are going to need to travel, being vaccinated diminishes the risk, considerably. and there are certain things that you don't, necessarily, have to do. you don't have to get tested before and after you travel,

except if the destination requires that. when you come back from international travel, you don't have to quarantine yourself. and what we're going to be seeing, more and more, anderson, is that guidelines are going to come out about acting out in the community. going to restaurants. going to places of worship. again, your own protection, because you're vaccinated. the more people around you are vaccinated, the more leeway and flexibility you're going to have. >> dr. anthony fauci. i appreciate your time. thank you. >> good to be with you. thank you. still to come how congressman matt gaetz's future may turn on the troubles of another florida politician, currently in jail. the details on that, when we continue.

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at the heart of the federal probe of congressman matt gaetz and an association with another florida politician, currently in jail. cnn's paula reid has the details about this how many man's legal issues could compound gaetz's own, legal troubles. >> reporter: joel greenberg is headed to court, this week. >> it really is an honor to be here today. >> reporter: he is the man, whose close friendship with representative matt gaetz, has led to an investigation into the congressman, as well.

federal investigators are examining gaetz for possible prostitution and sex-trafficking crimes, including an alleged-sexual relationship with a minor. gaetz and greenberg have been friends for years. posting photos together. gaetz even told a local-radio station, in 2017, that greenberg would make a good member of congress. >> joel greenberg is going to the seminole county tax collect ever's office. he's taken it by storm. he is been a disruptor. >> reporter: gaetz was greenberg's first donor to his campaign last year, giving a thousand dollars. the maximum amount. the duo, also, left an unsolicited voicemail on florida-state representative's cell phone in 2019, which she gave to cnn. >> this is your favorite tax collector. in the panhandle with your favorite-u.s. congressman, mr. gaetz. >> hi, anna. >> and we were just chatting about you, and talking about your lovely qualities. >> and we think you're the future of the democratic party in florida. >> reporter: she's called the message, weird, and

cringeworthy. greenberg has been awaiting trial in jail, after violating the terms of his bail, earlier this year. he served as seminole county tax collector, until he was first indicted last june. greenberg is now charged with 33-criminal counts, including allegations of stalking and harassing a political opponent, wire fraud, and creating fake i.d.s. also, included? one count of sex trafficking a child, between the ages of 14 and 17. while details and court records for this charge are scant, cnn has learned, investigators believe greenberg recruited multiple women, online, for sex. and that he introduced the women, who received cash payments, to gaetz who had sex with them, too. gaetz has denied all allegations. writing, on monday, i have never, ever paid for sex. and second, i, as an adult man, have not slept with a 17-year-old. >> providing for flights and

hotel rooms for people that you're dating, who are of legal age, is not a crime. >> reporter: but a source tells cnn, investigators are examining whether any-federal campaign money was involved in paying for travel and expenses for the women. additionally, information that may connect gaetz to a fake-i.d. scheme at the center of greenberg's case was presented to federal investigators at a meeting last year. sources, familiar with the matter, tell cnn. now, greenberg's case returns to court, thursday, for a hearing on new charges. allegedly, embezzling over-$400,000, and using the money to buy personal items including memorabilia, autographed by nba legends, michael jordan and kobe bryant. he's entered a plea of not guilty. but, as the legal pressure against greenberg grows, some say, gaetz should be worried. >> as more comes out about joel greenberg, the pressure on greenberg to flip on matt gaetz will be immense. >> and paw raula reid joins nou. so the former president,

obviously, an ally of congressman gaetz, for what that's worth. he weighed in today. what did he say? >> well, anderson, in a brief statement, the former president said gaetz never asked him for a pardon. and he, also, noted that gaetz has denied these allegations. but the congressman was one of former-president trump's most-loyal supporters. so this was a pretty tepid response, given the circumstances. as for that pardon, cnn has learned that gaetz did seek a preemptive pardon, at the end of the trump administration. and that, he made that request, that desire known to someone, outside the white house counsel's office. there is no indication that he made this appeal, directly, to the former president. >> paula reid, appreciate it. thanks very much. as more people get covid-19 vaccinations, the notion of so-called vaccine passports to prove you have been inoculated is running into opposition, in several states, including florida. we will take you there, next.

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we mentioned the phrase vaccine passports, and you're likely to run into some pushback especially from from politicians. the idaho republican governor

bans mandated vaccine passports and a similar one by the governor of texas. nowhere is the debate more heated than in florida, where the governor has also taken action. here's randi kaye. >> reporter: in florida, customers are returning, and so are talk of vaccine passports. the owner has been vaccinated. and wants others to do the same. the owner is not in favor of requiring it for customers and staff. it's about freedom of choice. >> requiring people to have a vaccination card to come in to the restaurant, or app or passport, i think it infringes on their rights. >> reporter: that tracks with florida governor ron desantis' view. part of why he he has dismissed vaccine passports in the same way he did many other measures during the

pandemic. like mask mandates and lockdowns, this one in favor of privacy rights. >> you you get more business if the vaccine is required here? >> i think the opposite. >> if we required it, that would be a perception that we're trying to govern them. >> reporter: he argues that vaccine passports reduce individual freedom, and would create two classes of citizens based on vaccination. businesses in florida are prohibited from requiring customers to provide documentation in order to get access to the business. the order puts him at odds with people who are planning for or at least considering requiring a vaccine passport. like the center for the performing arts in tampa.

>> it's critical to our reopening, and to get us to 100% capacity. >> reporter: the ceo says she's surprised by and disappointed by the governor's decision. >> theaters, stadiums, arenas, we're sitting right next to each other. it becomes really important to have a vaccine program as an option for our guests and for our artists. >> reporter: at nova southeastern university in ft. lauderdale, proof of vaccination was going to be mandatory for staff and students. come fall semester. but when i alerted the ceo -- >> i will change whatever is necessary to comply with the law and the governor's executive order. >> reporter: the popular south beach wine and food festival may now have to change its plans to require proof of a vaccine or a negative covid test to enter

next month's event. >> we'll be re-evaluating it up to the last second, but right now i hope our plan stays in place. >> reporter: at rocco's tacos, the owner doesn't think a vaccine passport will make his restaurant any safer than it already is. >> people need to make hopefully a choice that they won't put other people at risk. >> randi joins us, if the goal is herd immunity, how do banning vaccine passports play into that? >> reporter: there is concern that banning these passports may increase vaccine hesitancy. a poll last month showed 47% of people who supported donald trump in 2020 were against the vaccine. that attitude could actually delay or prevent the u.s. from reaching herd immunity. more and more republicans in florida and texas and elsewhere

making this a wedge issue with democrats. there is concern we could see a spike in vaccine hesitancy, and that could be a real problem. >> randi, thank you. coming up, breaking news on president biden's first steps on gun control. details from the white house, when we continue. and in an emergency, they need a network that puts them first. that connects them to technology, to each other, and to other agencies. that's why at&t built firstnet with and for first responders the emergency response network authorized by congress. firstnet. because putting them first is our job.

[ring] [ring ring] [ring] oh no... i thought i just ordered tacos. nope! sushi... ramen... burgers... tandoori chicken... some milk from the store, and... ...and, let me guess. cookies? wha, me hungry! yeah. here, i'll call some friends to help us eat. yeah, that good idea. yeah. get more from your neighborhood. doordash. michael: this is the story of two brothers. david: my grandfather, pinchas. michael: my great-great- grandfather, rachmaiel. gigi: pinky and rocky. simi: there was an uprising in poland. david: and then the family broke apart. michael: they scattered around in different places. gigi: they worked hard. simi: and built new lives. michael: but rocky and pinky's families didn't see each other again... all: ...until now. david: more than 100 years later, ancestry helped connect us to our ancestors and each other.

renae is not an influencer, ancestry helped connect us to our ancestors she's more of a groundbreaker. renae runs with us on a john deere 1 series tractor. because out here, you can't fake a job well done. hear renae's story at deere.com there's breaking news tonight on what looks to be president biden's first limited steps on gun control. it doesn't involve legislation, but executive orders.

kaitlan collins has more. what are we expecting tomorrow? >> reporter: these are the first actions he's taken on gun control measures. president biden said we could expect this a few weeks ago, after the recent shootings. in atlanta and colorado. with the attorney general by his side, he's going to go through the executive actions that they believe will help with some of the gun violence we've seen. one is a rule to stop the proliferation of the so-called ghost guns. kits that people can order and assemble in as little as 30 minutes. they don't have serial numbers, that's part of the concern. white house officials have with the ghost gun. and they want to increase the regulation of the braces that people can put on pistols. this is similar to the one that the shooter in colorado used. you can put it on a pistol and it makes it more accurate and stable, so you're able to hit

your target more easily. so the thing is with these and with a few other things that they're going to be introducing tomorrow, they fall pretty short of the sweeping measures that president biden promised on the campaign trail. but when the white house was asked about that, what exactly these measures will look like, how they'll stop what president biden says he wants to stop, they stressed these are just the first of many steps they want to take. but right now, this is what they're doing, within his first 100 days in office, taking these steps. >> and the president is expected to nominate a new head of the bureau of alcohol, tobacco, and firearms. >> reporter: yes. another thing he'll announce tomorrow. david chipman, and it's been without permanent leadership for some time. also, it's important who he is. because he also right now is currently a senior policy adviser for giffords.

that gun advocacy group the gun control group founded bit former congresswoman. who was shot a decade ago. >> kaitlan, thanks very much. and also, happy birthday. >> thank you, anderson. >> take care. the news continues. i want to hand things over to chris for "cuomo prime time." >> thanks, anderson. welcome to "prime time." the embers from the attack on the capitol on january 6th still burn three months later. trying to ignite a collective ignorance about what happened on that day and why. now, it's, well, it wasn't really that big a deal. not enough guns to be an insurrection. i don't know why the fbi called it terror. well, lawmakers are suing to make sure the truth can never be contaminated by an unjust cause. ten more lawmakers have added their names to the first civil lawsuit to hold trump legally