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>> announcer: this is cnn breaking news. >> indeed it is major breaking news. unpre unprec unprecedented. the house voting whether to refer mark meadows to the doj for criminal contempt of congress for defying the subpoena from the january 6th committee. that is our breaking news as well as this. there is a spike in the coronavirus cases hitting cornell university especially hard. the school shutting down its campus after reporting more than 900 coronavirus cases among student body in just the past week. we'll bring that to you a little later on. i what. -- i want to get to jason crow of colorado. i want to get colorado. so you just voted to hold one of your former colleagues in con contempt. how is this sitting with you tonight? do you think it will get to the bottom of january 6th? >> hi, don, 2k3good to be with .

i didn't want to take to this vote. nobody should be happy we had to take these votes to recommend crime untinal contempt because shows people aren't keeping their oath but it shows they're turning their back on da mo dem and the congress has to step in and hold them accountable. it shows that our system is working and that the house of representatives is not willing to sit there and let people turn their back on the rule of law to say that the congress doesn't matter. we have equal branchs that is the beauty of our system and for that to work, congress has to assert authority and make sure that people are following the law. >> where do you see this going? is the sentiment on the floor from house republicans? >> well, i'm not going to purport to get into the mind of my republican colleagues here. they should be overwhelmingly voting in favor of this. they're not because this is an issue of rule of law.

this is an issue of democratic norms and traditions. this is an issue of asserting the power of congress of which they're a member. i would think any member of congress would want to do their individual duty to assert the power of congress and make sure that it is a co-equal branch to the executive as our system is designed under the constitution. they unfortunately are not doing that. >> yeah, we have learned so much new evidence congressman coming out within the last 24, 48 hours, these damming text messages that some of which mark meadows received. this is some evidence. damming text messages mark meadows receive from sitting members of congress. one about plans to have states change electoral votes and even one after the attack apologizing for not being able to overturn the election. i mean, this is coming from your own colleagues. how do you stomach that? >> it's not easy. i can tell you that. it is hard. and, you know, the level of

disregard for our democracy, the level of disregard for the constitution is frankly pretty stunning at times. but, you know, i have my duty. that is clear to me. i rose my right hand when i first enlisted in the military and became an officer. i pledged to uphold the constitution, to defend the constitution against all enemies foreign and domestic. i spent the first part of my life and my career addressing foreign threats and now as a member of congress, i find myself actually addressing domestic threats. so i will do what i need to do and we will fight for our constitution. we'll fight for our democracy and i won't stop. >> on the senate side, mitch mcconnell is speaking tonight, the senate minority leader and this is what he said about the lawmakers, watch. >> i do think we're all watching as you are what is unfolding on the house side. and it will be interesting to reveal all the participants

involved. >> the names are going to come out. so will these lawmakers be held accountable do you think? >> i hope so. as we said after january 6 th well find the truth. we'll seek the truth rele relentlessly and try to hold folks accountable. we have certain tools at our disposal in congress but there are other tools the donalepartm of justice has to leverage as well. we'll encourage if there are violations of law people are held accountable. we're a democracy. there is no man or woman above or below the law. we don't have kings, we don't have queens. we have everybody equal in the eyes of the law and regardless of their position, they should be held accountable if they violate the law. >> we're watching sheila jackson lee presiding of texas. i think the vote is done. it appears to be on party lines

except for what -- >> unfinished business pass of hr 5665. the clerk will report the title of the bill. >> number 15665 to establish the officer to monitor and combat islam phobia and other purposes. >> the question on the passage of the bill. members will record votes by electronic device. what purpose does the gentleman from tennessee rise? >> hang on. hang on one second. let me get back to the congressman before we get to ryan. congre congressman, are you still there? >> yes. >> this is 5665. >> this is the islam phobia bill to make it clear that we're not going to stand up for bigoted language and tolerate racist lang ruage

language, that people that are going to say these things and try to attack communities, the communities i represent for example. i represent one of the most diverse districts in the nation in colorado in a large muslim population. we'll send a clear message to america that we stand behind our muslim community, our muslim neighbors and brothers and sisters. these are people i fought along with and i joined the military people that i fought with that served this nation came from all races backgrounds, ethnicity, religions, that's america. and we're going to send a strong message that we will make sure we're supporting everybody in america. >> to be clear, you have voted on the mark meadows bill, correct? >> that's right. that was the vote before this one to hold mark meadows in contempt. >> okay. >> of congress. >> so what you heard from sheila jackson lee, jason crow, appreciate it. i want to get to my colleague on the hill now.

ryan nobles. our congressional correspondent. it official the house is voting to hold a member in criminal contempt. give us the latest on this. >> that's exactly right, don. this played out just as we predicted at 10:00. the house voted to report a criminal contempt referral for the former white house chief of staff and a former member of congress mark meadows. the final vote was 222-208. two republicans voted yes, liz cheney and kinzinger. every other republican voted no against allowing the congress to enforce the subpoena laws, which gives the congress the authority to call someone before them to answer questions if it's a matter that they believe has a legislative purpose and the committee believes their work in investigating january 6th is a key legislative purpose that will ultimately result in changes to the way congress does

business and then to that end, what other information they find out about the attacks that happened on january 6th. this isn't a surprise, don. the big question is how long will it take the department of justice to deliberate whether or not they will prosecute this case, what we saw play out today is a recommendation. they write up a report and give the evidence and information they have to say they believe that an individual has ignored the rules of congress and not answered a subpoena correctly. it's up to prosecutors to determine whether or not that's a prosecutable offense. they thought that about steve bannon and the situation is a little different with mark meadows because he was working in the executive branch at the time in question but the committee believes there is enough evidence there that the department of justice should move forward and prosecute this case and it will go to trial and mark meadows could face jail time depending on how this plays out, don. >> i'm just looking, ryan, the

switc seven republicans that voted, there were some republicans that voted for contempt resolution on steve bannon. they didn't do it this time. what is the reasoning here? what is going on? >> i think that there are a lot of republicans you've seen, not a lot but a hand full of republicans we've seen from time to time that have crossed party lines for these issues related to january 6th. either to vote in favor of the impeachment of the former president donald trump who have voted to form that independent commission that would allow for an independent group to investigate january 6th but as we've seen this process go along, you've seen fewer and fewer republicans willing to take that step of kind of sticking their necks out against the party's base to take these tough votes as it relates to anything having to do with donald trump. essentially is what it comes down to.

there are some republicans you think for instance who voted to impeach donald trump twice who was one of the architects of the independent commission but very critical of this select committee who believes it's too part partisan. each and every republican that choose to vote no have their reason. some say they don't believe the subpoena power is correct and using correct i think of nancy mace of south carolina for instance, she was one of those republicans who voted in favor of the bannon contempt referral because she was concerned about congress maintaining that subpoena authority. she chose not to do that tonight. we don't know the exact reason why. but there -- a lot of these republicans in this trump era found themselves in very difficult positions especially if they hope to seek reelection and have to go through a tough primary where somebody like donald trump can pick somebody out of the blue and say he endorses that candidate and has them run against them. >> jamie herrera beutler, these

are folks that voted for the bannon contempt. brian fitzpatrick, fred upton, john, anthony gonzalez of ohio but didn't vote for the meadows resolution. ryan nobles following the breaking news for us on capitol hill. we'll get back to ryan for more information. chris is here. i want to bring him in. he's the author of "the gate keepers how the white house chief of staff define every presidency." thank you, sir. just got that breaking news. good evening to you. mark meadows becoming the first white house chief of staff to face criminal contempt charges since watergate. what happened? how did it come to this? >> this is a historic moment for the first time in two years but a day of reckoning that mark

meadows richly deserves. there used to be a stiff come ever competition for the worst chief of staff in history. no longer. meadows owns that title by a country mile and it's almost as if not contempt with worst chief but wants dumbest chief. he's relying on this argument of privilege, which has to yield to evidence of a criminal conspiracy and attempt to over throw the government as liz cheney pointed out. number two, he is by the way has delivered thousands of pages of documents and emails to the committee while claiming the same privilege -- >> and written a book. >> and by the way just released a book. so you really have to wonder how he could have handled this any more than he has and so here he

is. watching that, you have to wonder how someone who was once a member of that body could throw away not on his rep talgs but maybe his freedom ultimately in the service of somebody like donald trump. >> one must ask, you said all of those things, what kind of strategy is this? is this a strategy? is he trying to have it both ways? you shouldn't hold me in contempt and face consequences for this but also, hey, trump and trump supporters, look, i'm defying. >> if this is a strategy here, it's winston churchill would say it's exceedingly well disguised. i don't see any strategy here other than possibly bannon panicking when he discovered the trump wasn't as excited about his book as he was.

i think he went into retreat. he doesn't have a strategy that can possibly work here. i say i think he'll wind up probably being prosecuted by doj. >> you think he will? >> i think he will. i don't think the privilege that he's siting here can possibly work when you're the supreme court decided in 1974 by a vote of 8-0 that privilege has to yield when there is evidence of a possible crime. >> mark meadows was the fourth -- he was the former president's fourth chief of staff. >> that's right. >> but he's set to be the chief of staff that trump always wanted. why is that? >> no question. he took it and made it an art form. you know, dwight hisseisenhower my mind mark meadows is the yes

man. there was never a scheme or even illegal proposal that meadows wasn't happy to take to the commander in chief or complacent in. he flung the gate open to this star wars bar cast of conspiracy theorists and people like sydney powell and others and of course, now we're discovering he's up to his neck in the plot to destroy democracy. >> and that is an old word i haven't heard in awhile, that we used in the south all the time. happy to bring that back. thank you. good to see you. >> good to be back. so this is our breaking news. the house voting tonight to refer mark meadows to the doj for contempt of congress amid revelations about who was texting whom on january 6th. le'r jalapeñoooo popperrrrs!

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so we have the breaking news on cnn tonight, the house voting to hold mark meadows in contempt of congress. newly revealed texts hinting how committed the president's allies were to overturning the election. let's discuss cnn political commentators join me now. good evening to both of you. you guys just saw, ana, republicans voting to hold mark meadows in contempt after these revealing stunning text messages from lawmakers to meadows on the january 6th, has the gop's

embrace of the coup attempt, it's never been more clear i don't think. what do you think ana navarro? >> i think this entire thing developing is incredibly sad. we're coming to the one year anniversary of january 6th and i think it's so important that we don't forget what we saw. as i heard you say earlier, we remember where we were when the capitol was getting breached. you know, i think it's sad that we knew there were going to be no republicans other than liz china and adam kinzinger to vote for this, which is so obvious. there is so much evidence. we have seen released this week so much more evidence that points to how involved staff, congress people, the white house, trump advisors, trump himself were on what happened on january 6th. and i -- you know, we focus a lot on the fact that all but two republicans voted against this tonight. i really want to focus on the pride i feel as a republican woman for liz cheney.

because adam king zinger who i love and respect is retiring. liz cheney is running for reelection in a state donald trump won but she's got so much bac backbone, so much principle, so much conviction. she's got so much to just -- she -- patriotism. i'm thinking of a word that won't get fcc -- she's got so much. >> fortitude. >> she does. i am in such admiration, deep admiration of her because you can disagree with her on policy all you want but it's hard right now not to admire her patriotism. >> i was having that same conversation today about liz cheney. people can say what she wants. she's still republican. she still votes conservative but principled on this particular matter. talking about people that aren't principled, mark meadows and then kevin mccarthy.

the former president is upset both by those two, one because of what meadows put in his book and because kevin mccarthy is blamed for all of the damming information coming out of this committee. you suck up to trump and this is what happens? >> i don't know how many times people need to know this or hear this, donald trump doesn't care about anybody but donald trump. he doesn't care about the country. he doesn't care if the capitol is attacked or the republican party. he doesn't care about his vice president and he clearly doesn't care about his own son. he doesn't care about his family. his son don junior was trying to send text messages to him in the midst of the insurrection so don junior had to go to mark meadows. this is a man that's shown himself to be oblivious to norms of political behavior because -- everyone is in service of this big lie that donald trump still won the election that was over a year ago. he lost the election by 7

million votes and still a year later perpetuating that lie. this say grotesque proversion of masculinity they're willing to attack democrats but they won't stand up to autocrat who is basically a guy on a golf course because he's a bully. they won't stand up to him but they have a -- they won't defend their people in the united states congress under attack. what does that say about our country? how do you call yourself an american and patriot when you won't defend your colleagues under attack? >> so much hypocrisy has been revealed this week. so many people in congress were sending texts to mark meadows and now voting and pretending as if nothing happened on january 6th. the fact they made such hay about what happened with hillary clinton and her emails but they were all communicating for private way through signals and

other encrypted ways. the fact they were so righteous about conflicts of interest. but they were all having general conflicts of interest and there is not a peep out of a inksingl one of them and zero consequence. the level of hypocrisy and as you say, by the way, to donald trump's defense, i'm not sure i find fault not responding to donald trump -- [ laughter ] >> i want to put up one of these texts. >> it explains a lot. >> i get the shade you're throwing right here. this is mark meadow the text coming out today. it's an aggressive strategy. why can't the state of georgia, north carolina, pennsylvania and other r controlled state houses declare this as b.s. and send our electors to vote and have it go to scotus. this is -- these are texts to

meadows from the committee today. what do you think? >> i think it's -- were these texts today? >> the committee revealed them today. >> revealed them today. >> texts happening during the time to mark meadows. >> right. then think pretend it was tourists going around the capitol and pretend it wasn't a concerted effort that involved the white house and involved people in congress, that involved trump advisors, that involved donors and all sorts of people at the willard hotel and war rooms to go out and do what happened on january 6th. which cost lives. >> last word, please. >> they all knew, they still knew and there is another hypocrisy about the hillary clinton thing. she testified. she testifyed to congress for 11 hours. mark meadows won't testify. mark meadows was on the house foreign affairs committee when hillary clinton came to testify about benghazi and he won't testify about an attack on the

united states capitol. where is the consistency? >> is that called hypocrisy? >> i have other words i could use but i don't want to get you fined. >> appreciate it. more breaking news, new york city is about the get the first female police commissioner mayor-elect eric adams choosing a woman to lead the nation's largest police department. adams releasing a statement saying in part that keec keechant sewell will deliver the safety americans need and deserve. the formal announcement tomorrow morning. there you go, history in the making. a huge outbreak at cornell university and sports leagues across the country struggling without breaks of their own and omicron variant may be to blame. . our sleigh is now ready, let's get on our way.

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(music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ so cornell university and central new york state shutting down its campus after reporting more than 900 coronavirus cases among the student body in the past week. the university says a very high percentage of the cases are the omicron variant infecting fully vaccinated students. i want to bring in the public

health director of thompkins county new york. thank you for joining us, frank. appreciate it. >> thanks for having me. >> the school requirement states that all students be vaccinated by december 15th, tomorrow. did this surge of over 900 cases at cornell come as a surprise to you? >> i think we certainly expected additional cases as we move through the holiday season and begun to relax public health guidance over the last several months but certainly the volume was cases came a bit unexpected. >> the university declared a covid-19 omicron red alert. please tell me what that means, sir. >> so, the university made decisions about moving their finals, their remaining finals to remote status and cancelled some on campus events driven by a sampling of test results from the students that were screened

and had unique identifier related to omicron that will now be fully sequenced. we do believe a large portion of these student cases will ultimately summit as the omicron variant. >> so let me read part of the statement that cornell released. cornell's extensive surveillance testing yesterday uncovered the likelierly and rapid spread of the omicron variant of s sars-cov-2 among the student population. the variant now accounts for a very high percentage of the covid-19 cases, every case of the omicron variant to date have been found in vaccinated students, a portion of whom also received a booster shot. what do you say here? has there been severe illness in any of the students? >> among the students we have not seen severe illness and that's certainly continued. i think one of the things we're

focussing on in our community while case counts are important the severity of illness and what the hospitalizations look like and with increasing numbers since the end of june, the hospital sanctions have remained relatively low and we're hoping that trend will continue even as we identify the omicron variant in our community. >> these are college kids, frank. they're part of the larger community there. how likely is this to have spread outside the cornell community? >> the cornell students are part of our community and certainly, when we see cases like this within their populations, we do think right now it is somewhat contained to them but as you said, they're certainly part of our community and we'll be looking at and sequencing the positive results in tompson kin's county and as soon as we know more about that, we'll alert the community and we're still recommending the same things even with the omicron variant. get vaccinated, get boosted,

wear a mask indoors and follow the public health guidance. >> thank you so much. appreciate you joining us. >> thanks for having me. pro sports being hit hard by a spike in covid cases. a source telling cnn 28 nfl players tested positive today on top of 37 players testing positive yesterday. the nhl postponing the ninth game this season because of multiple players testing positive and they're not alone. the nba postponing games, players on multiple teams including mvp giannis antetokounmpo. help me with that name. doctor is a neuro surgery resident and former nfl player. thank you, sir. appreciate joining us. how are you doing? >> doing well. thank you. >> good to see you. why are we seeing this spike in cases in the professional sports league?

is what is going on? >> i think it's a relaxation of the protocols last year where players and team personnel and people had close contact with players under strict guidelines to wear mask and have proper hand hygiene, social distance and do all these things and now that the vaccine has come out, players think it's the end all, be all, the cure all and have not kept up with public safety measures. that's an issue. i think this omicron variant and the delta variant are out there and players are being exposed when they travel to different states to play different games. in the holiday season i remember when i played professional football, we had family members exposed and don't submit themselves to the same protocols you do in the locker room. a lot of factors at play but i hope the nfl, nhl and nba speak to experts to mitigate this and keep player safety at a premium. >> so listen, in the nba star

players like giannis antetokounmpo -- i can never get that name right. sorry about that. on the safety and protocols list for the bucks, the nets have seven players in the protocol, as well but steve nash says that all the players who have tested positive have been asymptomatic. does that tell you anything about what is going on? >> well, i think the professional athletes is a really rare demographic. these are elite athletes, in the best shapes of their lives and best shape of anyone in the world and so their symptoms are going to be different than people with multiple comorbidities and more sick at baseline. we know more vaccinated players get more mild symptoms but can transmit and infect other people. one thing that we do know is that in the nfl in particular, there is a protocol for players vaccinated they get tested once a week and still be infected but

walking around without masks, without proper hand hygiene and spreading the disease to other people. i think the nfl and nfl pa should increase the frequency of testing so you know if the virus is in the building so you can thwart it out. >> speaking of which, if these outbreaks are happening under these controlled conditions, what does that mean fors rest of us not in controlled conditions and the professional sports in bubbles and high testing rates. what does that mean for the rest of us? >> i think it lets us know we're not out of this pandemic. there is a real relaxation to go back to the prepandemic state to move freely with the liberty we want but there is still aspects necessary to follow in the lifestyle modifications in getting vaccinated and getting boosted if you're not boosted already. it increases antibodies to protect you against the

variants. there is still more work to do. i talk about a two-pronged approach between people in the health care facilities and scientists and researchers doing the work in the labs on the bench and people in the community still thinking this pandemic is here and operating as if it is because we see the spikes and peaks of numbers. we're not out of it yet. >> so good to see you and in this role. i remember the first time you were on cnn the interview i did with you and your family. how is your family, by the way? >> they're doing well and say hi. >> happy holidays to you. i hope i see you guys soon. be well. >> you, too. key developments in the trial of kim potter that shot daunte wright at a traffic stop. what today's testimony revealed about her training. now subaru is the largest automotive donor to make-a-wish and meals on wheels. and the largest corporate donor to the aspca

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>> reporter: there was a live demonstration including safety rules. >> this is part of training, as well, not to deploy a taser on somebody who is operating a vehicle or machinery. is that correct? >> yes. >> reporter: new evidence presented in court during the manslaughter trials of former police officer kim potter. focussing on department policy and taser training. potter is accused of shooting and killing daunte wright after she says she made a mistake pulling her gun instead of her taser. >> i shot him! oh my god. >> reporter: prosecutors showing why the former officer never should have confused her two weapons. >> i'm right handed, right hand dominant, i carry my hand on my right side and taser on my reaction side. >> so you carried your taser on your left side? >> yes. >> why do you carry it on the other side? >> that's how the policy has always been. >> reporter: these still images introduced in court tuesday show

potter's holster was set up the same way for years. >> ms. potter got 100% on that test, correct? >> yes. >> reporter: with decades of training dating back to 2002 when potter received her initial certification on the tazer. >> this is ms. potter being certified again in 2015? >> yes. >> it appears the score of 50 out of 50. >> reporter: the jury seeing for the first time on monday a clear shot of the actual gun used by potter and the taser she thought she pulled from her left side. >> when i refer to a reaction hand draw, the taser would be or jen -- oriented so it's aft. >> reporter: the commander showing how officers should correctly draw their weapons. >> using my dominant hand to draw across my body. >> reporter: once again, the prosecution's witness justifying potter's right to use deadly force during

>> he is ignoring the warnings, taser, taser, i'm going to tase you. you have a right to use deadly force to save that cop, that police officer that's lying over the seat, correct? >> potentially, yes. but i wasn't there. >> if you're dragged down the street by this driver, if he gets away, that man's going to be seriously injured or dead. >> i think it would be severe and significant, yes. >> reporter: and then on redirect, the defense showcasing potter's character. >> good officers make good decisions, correct? you just testified to that. >> my hope is good officers make good decisions, yes. >> and you did describe kimberly potter as a good officer, correct? >> i did. >> reporter: and today, members of the jury only heard from two witnesses, both with the brooklyn center police department. one of the two, the officer who signed off on potter's annual taser training. he testified that happened about

six weeks before the shooting with daunte wright. he also told members of the jury, he's a taser instructor and said potter must be recertified like all the other officers who carry a taser every year. cross-examination begins with him tomorrow. don? >> thank you very much. i appreciate that. the search for tornado survivors still ongoing in kentucky right now. hard-hit areas still reeling from the damage. and joe biden is headed there tomorrow. we'll cover that.

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the president of the united states joe biden heading to kentucky tomorrow in the wake of this weekend's devastating tornadoes. he'll get a briefing on the storms and survey damage in some of the hardest hit parts of the state. and there's a lot of damage for him to see. homes and businesses decimated. people left with nothing but the clothes on their backs. there are more than 18,000 power outages still in effect. the national guard, the red cross, and state parks are all pitching in to shelter and clothe those affected. for more information about how you can help tornado victims, go to cnn.com/impact. thank you for watching, everyone. our coverage continues. service. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪

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