stopping. >> can we talk about your investigation? >> have a good flight. >> reporter: or answering to anyone. a bipartisan federal elections expert say they are very concerned about what they are seeing in state of wisconsin. it's similar pressure who what they are seeing being applied to arizona, pennsylvania, michigan. what they all have in common? they're swing states. >> thank you very much. fantastic report. anderson starts now. good evening. we begin with breaking news on multiple fronts. there's a verdict in the trial of actor jussie smollett accused of staging a hate crime. the jury has spoken. we'll bring you detail offense that. there's breaking news of washington. federal appeals court says he cannot keep his white house records secret and out of the the hands of the house select

me. source telling cnn the context of the text messages and e-mails handed over by the president's former chief of staff, mark meadows without any claim of executive privilege. meadows, as we reported last night is now refusing to talk to the committee and suing the members along with the house speakers. there's a lot to get to. we'll have more on what meadows shared in a moment. let's get details on the piappes court ruling. >> this was 68 pages in a wholesale rejection of trump's arguments that he should block records from going to the committee. the judge writing this opinion wrote repeatedly ta trump's legal team failed to make any compelling arguments in this case and instead she says they

only offered what she called a grab bag of objections. in the end for this court, it really came down to three things. the fact that the current prosecute joe biden carefully reviewed all the documents at issue. that his administration is best suited to determine wa should be privileged and the privilege was waved from joe biden so congress can investigate what the add mgs pointed out was unique and extraordinary, thatdemocracy. the opinion says the events of january 6th expose the trafragi si that we have come to take for granted. the president of the united states and congress have each made the judgment that access to this subset of presidential communication records is necessary to address a matter of great constitutional moment for the republic. former president trump has given this court no legal reason to cast aside president biden's

assessment. the committee now one step closer to getting their hands on what is hundreds of payments of d documents. that includes call logs and drafts of speeches and handwritten notes. trump's team do get time to appeal this to the supreme court. however, if the court decides not to take up this case, those documents would then be released to the committee. >> what does the former president have to say? >> trump's team were quick to respond on twitter. they said they will take this to the supreme court and a spokesperson for trump said this case was always destined for the supreme court. his duty to defend the constitution and the office of the presidency continues. as this appeals court pointed out, trump's team, they really gave no real reasons why these documents shouldn't be released. only that it's trump's

perogative to keep them secret. we'll see if the supreme court even decides to take up this case given that trump's legal arguments were so weak, according to this appeals court. >> appreciate it. thank you. let's get some more perspective. also joining us senior legal analyst, carrie cordero. was this the ruling you expected? >> it is. as jessica was describing in her report, the former president really did not have any valid legal arguments here. it was the executive privilege has always been president biden's to assert as the current president. he made a careful decision in this matter that it was in the

public interest given historical context. the importance of january, the events of january 6th and the committee is doing and that is what the court of piles, the d.c. circuit said in its opinion. >> professor feldman, the court ruled in part saying what mr. trump seek s to nullify those judgments of the president and congress, delay the committee's work and derail the negotiations and accommodations that the political branches have made. i'm wondering how you significant you think that is for a federal appeals court to say not only his claims of executive privilege without merit or having an argument by him but what he's trying to do is delay a congressional i vest g -- investigation. >> that's code the judges are putting in the opinion to say don't take this case. just be satisfied with our opinion here.

what's striking about this is the extent to which trump's lawyers seem to be mailing it in. they could have argued there were specific things, specific part of the communication between trump and his advisers that couldn't be disclosed without threatening the privilege of confidentially and they didn't do it. what the d.c. court is saying look, you look like you're engaged in empty delaying tactics. the issupreme court will say wee not going take it up either. sd >> can the former president argue bad lawyering or does it not work that way? >> no. it may be bad lawyering but they're not going say that. i think the only way the supreme court will take this up is they took seriously an argument that trump made that the d.c. court rejected. the the current president can say the prior president's claim to executive privilege has opinion over ridden then future

presidents will get into the habit of just releasing the private records of their predecessors if they are of a different party in order to embarrass them. that's actually not a crazy thing to say. the d.c. circuit said no prosec president will do that. if i release the records of my predecessor then my successor will release my records. that might be right. you can imagine if donald trump becomes president and heaven forbid and there were a republican congress that were subpoenaing records that belong to biden, trump might say go ahead. if the justices took that concern seriously then maybe they would consider the issue. i think the odds are they will be satisfied with this. >> the court also pointed out it's not just the current president. it's congress also which wants it. it's two branches of government to the argument the presser was

make about the possible of future president doing that. it would be the future president plus congress. that seems to be what it's an added branch of government here. >> that's right. the second part of the court's analysis the there was an accommodation made between the political branches, between the executive branch and congress. that's normally how issues of executive privilege or other pri le -- privilege would be worked out. they make an agreement and that's the sprocess that's workd out and the courts don't have to get involved. what the opinion is saying in this case, president biden made the decision and also there's this accommodation, this dpremt made between the political branches and that's the way that it is supposed to work. >> jamie, i know you've been talking to sources. your sources in washington tonight. i'm wondering what you're hearing about likelihood the supreme court would take the case? >> i'm not the legal expert on this panel but i did reach out to two former justice officials

sources who for what it's worth are both conservative republicans. they know this court very well. it was their opinion it's just their opinion, that there would be, if trump tried to get it that that would be turned down. this was just their opinion. they did not think the supreme court would take the case. >> professor, do you think they would? >> i think the odds are against it. i think the only circumstance where they would if they wanted to weigh in on the question of the danger of president's systematic alongside congress effectively waving the privilege. i think the background issue is how broken are our politics and what you see here is that the judges of the courts like to act as though our politics are not as broken as they sometimes appear to be. in the past, the courts have made mistakes in that record. for example, with respect to the independent counsel law. it's not impossible that the

supreme court might want to go further but my guess is they will want to say this is normal politics. we'll allow the d.c. circuit opinion to stand. >> what happens if the supreme court doesn't take it up? >> if they do not take it up then the documents will finally be provided to the select committee. this court, the d.c. circuit court has enabled there to be 14 days for president trump to decide to appeal and then if the supreme court decides they will not take it then the committee finally receives documents on the basis of there being two definitive opinions. one from the district court and the d.c. circuit. >> you have reporting on text and e-mails mark meadows shared before he stopped cooperating. what have you learned? >> what's strikes is for

context, he handed these over voluntarily with no claim of privilege. he's given them more than six,000 pages of documents. this is all in realtime on january 6th that this has to do with meadows communicating with a wide range of individuals. this could be members of congress, white house officials, rally organizers. we don't know yet. baa was most interesting is the text messages and e-mail will reveal not only what donald trump was doing on january 6th when the riot was happening but what he wasn't doing during that

time. they believe he's guilty of der election of duty. >> there were a bunch of texts and e-mails he didn't hand over. >> that's correct. they divided it out and there's some things he's claimed are privilege. the point i would make is the source said to me, this was on meadows perm psonal phone. this was his personal e-mail. obviously things can be fought out in court but there's an argument about privilege here since it was his personal phone and personal e-mail. >> thanks so much. a verdict reach in the jussie smollett trial after he took the stand in his own defense. president biden warns world leaders democracy is under threat at his virtual summit.

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moments ago empire actor jussie smollett was found guilty on five out of six counts. smollett was accused of staging an attack against him himself back in 2019. according to chicago police he paid two brothers to help him orchestrate the attack for media attention. he was indicted in march. in february 2020, a special prosecutor looked at the debate on whether smollett got special treatment and that's when he was indicted on new charges. cnn national correspondent joins us with more on the verdict. what was the reaction from smollett in court? >> he sat stoiic. he was almost like a statue. he had no expression on his face. he didn't make any movements.

very, very solemn. didn't say anything. when he walked out of court, there were questions yelled at him. he did not respond. he walked as quickly as we have seen him walk out of this courthouse after the verdict was read. we should also mention those six counts have to do with three false reports of a battery against him and two false report of a hate crime against him. those reports were two two different detectives. for each time he told them he was hurt, hit or that a hate crime had been perpetrated on him, he was convicted. the only one he was not convicted of was two weeks later, according to the special prosecutor when he went back in to talk to police and talk about the people being masked who attacked him and that was the aggravated battery. the jury found him not guilty for that one. >> it's stunning not only is he now found guilty of lying to police. he got on the stand, which lot

of witnesses don't do and if the jury is correct, lied to the jury. lied to the judge. i'm wonder if that will be taken into account when sentencing comes around. >> reporter: you hit the nail on the head. it absolutely is expected to be taken into account by the judge when he started to look ot whether or not to sentence him to any jail time at all. he faces up to three years in prison and a $25,000 fine. the judge has great discretion in this particular felony. he can decide to give him no jail time at all and a fine or anything in between. >> that verdict was a resounding message by the jury that in

fact, mr. smollett did exactly what we said he did. >> we disagree with the jury's verdict. the verdict is inconsistent. you cannot say jussie is lie and jussie is not lying for the same exact incident. we feel 100% confident that this case will be won on appeal. >> reporter: there you have it. that was my defense attorney. we're hearing the defense is planning to appeal. >> stay with us. i want to bring paul in. you've been following this case. i'm woerndsing what your reaction is to the verdict and the likelihood of them having a successful appeal. >> i was not surprised at all by the verdict, anderson.

you have an actor here who took the stand and testified and the jury expected him believable story. the story he told was unbelievable. he was attacked by two people that he knew. the story is implausible from the beginning and the jury saw through it. on the issue of where t going to wind up sentence wise, i think this perjury question that you raised a couple of minutes ago will be important. the judge will look at this and say what an enormous waste of resources for the city of chicago. a city that is haunted by really violent crime and to have those resources used on a nonsense

claim like this is such waste overpublic resources. to stage a hate crime is one of the wost things you can do. you're destroying the credibility of other people who may suffer from true hate crime. to perjure yourself tops it off. i think it will hard for the judge not to give jail time in this case. it's the probably case that would have wound up with pro bags had he just pled guilty at the beginning. >> for gay man to be faking a hate crime, according to the jury, it's slap in the face to everybody who has suffered hate crimes which is real problem. in terms of prison time, it's one to three years but would that be concurrent if there was prison time for each of them? >> if theory, the judge could say consecutive time but he won't. in case like this it's going be con current time.

i think you're looking at a jail sentence that will be less than one year in jail but it could be combined with a brief jail sentence a community service and maybe a substantial fine. i suspect any jail sentence will be less than a year because these are minor charges. >> smollett still faces a civil suit. the city of chicago is suing him di demanding reimbursement for the cost. >> reporter: we got a statement from the city of chicago . there were some 30 officers on this and all sorts of i vest dpags trying to figure out who

these two people were when, in fact, police ultimately determined that the two people were someone that smollett hired to do this to him so he could get more media attention. anderson. >> appreciate it. thank you. up next, president biden telling world leaders that protecting democracy in his word, defining challenge of our time. american democracy is teetering on the brink. get his reaction, coming up. plap

- san francisco can have criminal justice reform and public safety.

but district attorney chesa boudin is failing on both. - the safety of san francisco is dependent upon chesa being recalled as soon as possible. - i didn't support the newsom recall but this is different. - chesa takes a very radical perspective and approach to criminal justice reform, which is having a negative impact on communities of color. - i never in a million years thought that my son, let alone any six-year-old, would be gunned down in the streets of san francisco and not get any justice. - chesa's failure has resulted in increase in crime against asian americans. - the da's office is in complete turmoil at this point. - for chesa boudin to intervene in so many cases is both bad management and dangerous for the city of san francisco. - we are for criminal justice reform. chesa's not it. recall chesa boudin now.

. just days after warning vladmir putin that the u.s. will levee unprecedented sanctions, president biden opened with an urgent plea to world leaders. >> democracy doesn't happy accident. we have to renew it with each generation and this is an urgent matter on all our partparts, in view. the data is largely pointing in the wrong drek. >> the video gathering included more than 100 participants.

the president also acknowledged that quote american democracy is on ongoing struggle to live up to our highest ideals and heal our divisions. democracy faces sustained and alarming challenges and the data is pointing in wrong direction. i'm wondering your reaction. >> this not an auspicious time for us because we have such tragic deep di visions at home and real danger to this system that served us so well for so long.

a country that has made grave police takes but on the whole when you add it up, we have been great benefit to humanity. even attack the system. it bewilders me. we're such blessed, lucky people and we're ungrateful. >> is that the greatest threat to democracy here in the united states is that sense of being ungrateful? >> well, certainly. that leads to inactivity, to people not standing up for what's right. certainly the divisions and in my own past work in media, i

regret anything i've done to contribute to those divisions because they have become so grave, so terribly dangerous to us. the immediate practical threat is republican efforts to tamper with the electorl system, with the machinery of our elections, with the local imposing or ranging for partisanship at local election boards. that's just terribly tragic. over the longest haul, the polarization, the extremism on right and left, the authoritarian impulses on right an left. the willingness to lie outright to the american people or to twist the truth. the inability it seems to have the least courage to defend this country. the cowardice of rern publican

party. the shameful betrayals and the value the republicans whom i often voted for professed that to trash the constitution, to excuse this monstrous baffoon who may run against mr in next election. the extremes are always danger. by the way, my definition of good legislation is legislation that makes both extremes unhappy. cherish this country. it's worth it. people have died for it. don't take it for granted. be gratefu ful every single day. be grateful you're here now. >> it seems like in revolutions,

if you look through history, often it's the extremes the first thing they do is attack the moderates. the moderates are the most dangerous to the extremes. anyone preaching moderation, anybody preaching compromise or consensus or not vilifying, that doesn't suit the needs of the extremes and it's the moderates who are the first to go because the extremes kind of play off each other. >> yeah. you right. that's very astute. history is full of instances of a militant minority enforcing their views on the majority. i'm still optimistic about this wonderful country. we have been through tough times before. i'm at the very least dismayed by what you see all around me. think about it. on a practical human level, families, friends divided over

politics, holiday season. that's madness. inexcusable madness. we're all americans. we can argue. we can yell at each other sometimes. at the end of the day, compromise is what makes the system work. these militant s on both ends that don't want compromise. i'm sorry. the last thing i can say on this is cherish the constitution. don't trash it. when i see people attacking the constitution, there's a reason our military takes an oath to the constitution and not the any individual. the constitution is the foundation upon which democracy is built, upon which it thrives and cherish it, defend it and my fellow americans be grateful for what you have. the rest of the world envies us.

>> it's good to have you on. thank you. >> thank you. come up, a reminder that the covid crisis is far from over. a look inside one hospital that's overwhelmed with cases again, next. machine hey can use less. sweet pillows of softness! this is soft! holy charmin! oh! excuse me! roll it back, everybody! sorry! charmin ultra soft is so cushiony soft, you'll want more! but it's so absorbent, you can use less. so it's always worth it. now, what did we learn about using less? you've got to, roll it back everybody! we all go, why not enjoy the go with charmin. ♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward.

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one of the most important things you can do is to make sure you call 811 before you dig. calling 811 to get your lines marked: it's free, it's easy, we come out and mark your lines, we provide you the information so you will dig safely. . the omicron covid variant has opinion found in 25 states.

there's studies showing the pfizer booster shot did well against omicron. experts are warning to keep an eye on the delta variant which remains the biggest threat. covid cases are up in 45 state. the u.s. is averaging 125,000 new covid cases each day. hospitalizations are up 40% compared to a month ago. michigan is now one of the hardest hit states with covid hospitalizations at an all time high. we got into one hospital in the state where it's deja vu all over again with health care workers desperately trying to save lives. >> reporter: clive, one of thousands of patients suffering with covid-19 here stretching michigan hospitals to the breaking point. >> when did you know you had to come to the hospital? what were you experiencing? >> my oxygen numbers were down,

in the upper 60s, lower 70s. >> oh, dear. that's very low. >> yeah. >> what does it feel like? >> feels like a wreck. >> reporter: unvaccinated, this is the 66-year-old's second bout of covid-19. whatever natural im[ music playing ]ty -- im[ music playing ]ty he had. >> this was worst than first? >> yeah. the first one was bad. >> reporter: didn't help. >> would you encourage others to get vaccinate snd. >> yes. >> how bad is covid? >> it's terrible. you don't want it. >> reporter: still, there are those like 62-year-old debra in the covid unit for a week now who says vaccination just isn't for her. >> i didn't want to be vaccinated. >> you did not want to be. >> do you think you'll get vaccinated after this? >> no. >> why? >> i should be okay now. >> you think in.

>> yeah. >> reporter: the sickness, death and seemingly endless suffering taking its toll on those who come to work every day to save lives at sparrow held. >> the other day i had my first panic attack and i didn't know what it was. i'm a nurse. i should know these things and i drove to work and was just -- i couldn't get out of the car. i'm like what is going on. it was a full on, i'm having a panic attack. i did not want to come into work. >> reporter: stress, tension, anxiety on nas and in the lives of every health care worker here. >> i've gone home a few days an had days where i just cried. as mom it's really hard because my kids are challenged to see that. i have to put on brave front for them too. it's awful. >> reporter: most staff here are vaccinated, sparrow has no vaccine man date for its workers and still suffering a shortage of staff worn thin by stress, endless shift and treating preventible sickness and death.

>> on the front line staff, it's so hard. we had cen7 people die yesterda. they are seeing the death and seeing the families left behind who are crying over the loss of their loved one who was unvaccinated that could have been prevented. >> reporter: hospitalizations here higher than ever in just the last month. admissions to hospitals statewide have exploded, rising 88%. >> many of our hospitals no longer able to accept emergencies in their emergency departments, we have almost every hospital who has people waiting in their emergency departments to get admitted. >> reporter: sparrow hospital now at triage level, code red. the highest, no room for pa patients from other hospitals. the wait for a bed once admitted, as long as two days. the emergency department swamped for weeks. >> how often is your emergency department overwhelmed to that level? >> we have been that way over a

month. >> over a month in. >> yeah. >> perpetually. we had that many emergency department patients in our emergency department that need to be on the floors and we just can't. we're stepping on the hose up here. there's nowhere for them to go. >> reporter: health care workers from the nurses to doctors to those who sanitize and ready vi rooms for next victim of coronavirus get up every day and go at it again. >> how does the stress manifest itself in your life? >> yused to be on the days i coe to work but now it carries over to i have to come into work and do this. i love my job and i can't see myself doing anything else but it's the heaviness that is here working in these situations with these people who before they go off in door they had a normal life, healthy people, out celebrating thanksgiving and now they are here with mask on their face teary eyed staring at me asking if they will live or not.

desperation. it's heartbreaking. >> reporter: the health and hospitalization here in michigan says even before the pandemic they had a short age of health care workers. it's gotten worse because of the stress of the job and many health care workers are taking traveling jobs that pay more and seeing an up tick many the flew cases this year. that stressing out the hospital system here. the chief medical officer for sparrow health says if you get that vaccine for covid today, it may not protect you completely for christmas. you won't be completely inoculated but you would have some protection. that's ha what they are worried about now. they are expecting a lot more suffering ahead. >> incredible interviews not only with nurses and the medical team but the patients there really eye opening. i appreciate it. thank you. joining us is dr. sanjay gupta.

i don't know how one deals with, when you have patient who has refused to get vak cinccinate a sits there saying she will not get a vaccine in the future. it's infuriating. >> you're not sure what else could be more persuasive than that. the fak you're sitting in the hospital in the icu on a vent later. there's a certain percentage of the country, i learned the last couple of years that will be so distrustful, so reluctant that no matter what they will not get it. look at what's happening in michigan versus the rest of the country. look at the midwest, there's been these waves of the transmission. we have seen this over time. we keep talking about the numbers as a country. it's been a bunch of regions so here in the south, we had a significant sort of up tick, as you see there. there's the orange line. it's come down and now you see what's happening in the midwest.

on top of that, cooler, drier weather. people are i doors more. more transmission as a result. you only get about 55% of the state is vaccinated. that's a lot of unvaccinated people. let me show you quickly to miguel's point, you look at what's happening many the hospital. of the covid patients in the hospital, in michigan, 76% of them are unvaccinated. 87% of the covid patients in the hospital in the icu unvaccinate and 88% of the covid patients unvaccinated op a ventilator. it's significant. people are looking at this in the rear view mirror. that tells a different story. >> these nurse who is are having panic attacks and having to hide crying because they don't want to upset their children and how it impacts their families, again, i don't know why the person who said she will not get vaccinated bothers me so much but what right do she have to

make these nurses have panic attacks and affect the nurse's children? any way. sorry. just unbalanced. it's why i couldn't be a nurse or a doctor because i would just be livid. it just seems the height of air gants. why is her life so -- why does she get choose and then continue to be patient and have negative impacts on the nurses and ruin their family lives. it seems ridiculous. >> these nurses and these doctors keep showing up. they don't triage patient any differently based on vaccination status. it's really flu moxing to me. wee see it here as well. you be in icu and see patients lying prone looking at ipads that nurses bring to them sometimes saying good-bye to their families and people look at you strangly if you're

wearing a mask. it's this cognitive dissonance like i've never seen before. there's always a certain percentage of the country that will be so distrustful of anything. anything institution allized. they have this distrust. they say you missing it. we see it. it tiurns into the story you told. the woman in the icu refusing to get vaccinated. >> we're not all islands. we're equitied wy connected wht to be or not. any way, i'll give off my little soap box. i appreciate it. thank you. up next, duante wright's girlfriend describing her desperate attempt to save his life after he was shot by kimberly potter who said she mistakenly used her gun instead

of a taser. hear the testimony ahead. [uplifting music playing]

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who said she accidentally drew her gun instead of her taser when she shot and killed 20-year-old daunte wright. wright's girlfriend describes trying to stop his bleeding with a belt and a piece of clothing after he was shot and she called his name as he gasped for air. >> i didn't know what to do, so i just put my hands over his chest, and i just trying to hold it in. >> painful testimony. >> just tried to scream his name. >> detailing daunte wright's final moments. >> i just remember trying to -- trying to just get him up. >> 20-year-old elena was in the car with wright at the time of

his deadly shooting. >> i just shot him. >> she testified they had only been dating about three weeks. >> i tried to push on his chest. and called his name. and he wasn't answering me. he was just gasping. like just taking breaths of air. >> officer kimberly potter's immediate reaction to the shooting was played for the court wednesday. >> oh, my god. i'm going to go to prison. >> testimony today focusing on the shooting aftermath. wright's car had crashed when a video call came in from his mother. >> it was a video call. she asked what happened. and then i pointed the camera on him, and i was so sorry i did that. >> put your hands up! >> moments later, new video show police approaching the car. >> put your hands up!

put them up. >> wright was unable to comply. >> put your hands up! >> he can't. >> al. [ peyton who suffered a broken jaw, a concussion, and facial lacerations in the crash was handcuffed. >> put your hands behind your back. >> jesus. >> are you okay? >> yeah. he's probably not going to make it. >> several minutes after wright was first shot, new body cam video shows unsuccessful attempts to save his life. >> i understand the defense asked for a mistrial today. what did the judge have to say? >> anderson, outside the presence of the jury, the defense attorney did request that mistrial, saying, quote, he didn't see any evidence directed at the proof of guilt today. meanwhile, the prosecution said all evidence was admissible and needed to refute the defense's

claim that wright caused his own death. the judge denied that motion for mistrial. court resumes tomorrow morning at 10:00 a.m., and an hour later here in minneapolis, minnesota, because of the expected snowstorm. >> appreciate it. thank you. we'll be right back. superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th

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been built, upfitted and ready to go. because we believe dreams - should never stay that way. news continues. let's hand it over to michael smerconish. >> thank you so much. i am michael smerconish. welcome to cnn tonight. we have a special in-studio guest this evening. the perfect person who has borne the brunt of ouautocratic, and that's a subgic president biden warned the world about today. citing a backwards slide of democracy globally, calling it the defining challenge of our time. >> democracy needs champions. we know as well as anyone that renewing our