should vaccines status be a factor? survey says 73% say yes. i'm in that category. 27% say no. you know what? i don't have time for social media because lawyer coates is in the on-deck circle and her program on behalf of don lemon starts now. >> thanks. one interesting question. i wonder if you gave that survey a year ago how it would compare to now. people change their minds with the fatigue setting in. i wonder if it changed their views on this issue as well. >> i have asked the same thing about the marjory stoneman douglas high school monoclonal antibodies. two people show up hypothetically, one vaxed and one unvaxed frm i feel like we are rewarding bad behavior if we go with the unvaxed. my two cents. >> there has been a carrot stick approach for three years now.

which will win out. breaking news tonight. president biden's on the defensive about the lack of a sufficient number of covid tests in the country. as the highly contagious omicron variant spreads rapidly across the country, americans standing in line outside in the cold winter air or sitting in their cars. sometimes for hours. just trying to get tested as they prepare to spend the holidays with family and friends. and the president acknowledging his administration is struggling to meet the growing demand, but he is denying that it dropped the ball. >> no, i don't think it's a failure. i think it's a -- you could argue we should have known a year ago, six months ago, two months ago, a month ago. i have ordered half a billion of the pills. 500 million pills. excuse me. 5 500 million test kits that are going to be available to be sent to every home in america if anybody wants them. but the answer is, yeah, i wish

i had thought about ordering half a billion pills two months ago before covid hit here. >> now, he meant to say half bill tests. but speaking of pills, there is some good news today on that front in fight against covid-19. the fda authorizing pfizer's antiviral pill. the first-of-its-kind which is pauld paxlovid. it's designed to treat infected people now at home when they are experiencing mild to moderate symptoms and before they get sick enough to be hospitalized. and that should help ease the severe strain covid is putting on our nation's hospital systems. tonight nearly 70,000 americans are hospitalized with covid. and most of them unvaccinated. the daily number of new cases is spiking, now over 151,000 per day. that's a 24% jump over last week. and the number of people dying from the virus each day, that's

also on the rise again. i want to go first to dr. william shaffner, nel director for the national foundation for infectious diseases. happy to see you tonight. this is concerning to some degree, right? i mean, the president is saying, doctor, that the testing issues were -- they are having are not a failure. nothing has been good enough yet, but was the administration, do you think, banking too much on either vaccinations or the confidence or the running towards the vaccines to get us through this winter or did this variant truly, dr. shaffner, take everyone by surprise? >> laura, i think it's a combination of both things. yes, we all wish we had been smarter about testing, but clearly omicron surprised us and came on us and is so much more contagious than aniey of us wou have imagined. in that context, at the holiday

season where people want to meet with their families and get together and have reunions, the need for testing and desire for testing skyrocketed. i don't think any of us could have anticipated that. but that said, i like your optimistic note. paxlovid has, indeed, been approved by the food and drug administration and that's a little ray of sunshine. >> dr. shaffner, it certainly is. i wonder though, do you think people will look at this and say, you know what? if there is a way to treat it, then why vaccinate? is that a risk people are thinking about trying to mistake that the pill is somehow a substitute for vaccination and prudent vaccination and testing? >> well, we do like pills in the united states. i have already heard people express that very same point of view, that now there is treatment. we don't have to get vaccinated, which i think is a false

concept. prevention first, treatment second. why would you want to begin to get an infection and have the risk of getting seriously ill when you could have prevented it on the front end? and getting paxlovid is not like going to a machine and getting a candy bar. it takes a series of events. first of all, you have to be tested to find out that you are positive. look at all the problems we're having with getting tested. then you have to take that result quickly to a health care practitioner and get a prescription. of course, that doctor or that other health care provider has to assess you to see whether you are eligible for the medication. not all of us will be eligible. so there are those issues, plus potential side effects of the drugs in some people. so there are cautions there. so put all that together, i would much rather get vaccinated and prevent the disease or make

it much milder on the front end than have to cope with treatment on the back end. >> making the case that, again, prevention is better than cure and there is not that straight line from, you know, a to z here. dr. shaffner, your colleague dr. fauci is laying out what we know about omicron today. let's talk transparent. he is confirming that the variant is, as you say, highly transmissable, making up at least 73% of cases in the country, and could even already account for 90% of cases in some states. i mean, omicron wasn't here even a month ago and now it's the dominant variant. how concerning is this for people? >> well, it's absolutely stunning that we have a virus mutation, a variant, that could exceed even delta in its transmisibility, in its being contagious. clearly, clearly omicron has done that. and it's taking over. it's outrunning delta.

it will, by the first of the year, clearly be the dominant strain across the united states in all corners of our country, i'm sure. this is concerning. now, in addition to its contagiousness, there continues to be debate about how seriously ill this variant can make us. and there are data on both sides of the question. we shouldn't take refuge in the hope that it makes you less seriously ill. i promise you, this variant in an unvaccinated person can put that person sick, really sick, in the hospital. so let's get vaccinated. >> i mean, there is a transmisibility, there is a severity, but if omicron is so contagious that many people -- more people can get it, would it negate the benefit of it being less severe? in other words, is the prevalence of it enough to cause concern even if the severity of

it is not? >> if it spreads too many, many people, even if it makes a small proportion ill, that's still an awful lot of people. people will get, be in the hospital, stress the healthcare system. nevermind, being a threat to their lives and causing agony to their family and friends. so, yes, i keep coming back to vaccination. people who haven't gotten vaccinated, get that first dose. those who are eligible for boosters, get theirs. and, parents, let's bring in the children 5 and older. they are all eligible for vaccines right now. >> let's talk about what dr. fauci says about how vaccines are holding up now against omicron. we're talking about the necessity of getting vaccinated. he says that two shots of pfizer or moderna are not enough on their own to protect against omicron and the protection from two shots, well, wanes over time. so a third, a fully vaccinated

adults have been boosted. is it time to change the definition of what it means to be fully vaccinated given all of this, dr. shaffner? >> well, certainly in our minds we ought to think of this as a three-dose series. yes, we've had our first two doses, but in order to complete the series we need the third. the booster in order to secure our protection for a longer period of time and to solidify that protection. that's clearly important. we need to all get that into our minds. get that third dose. >> again, prevention better than the cure. dr. shaffner, thank you for your time. nice speaking with you. >> thank you. now i want to bring in cnn's senior commentator john kasich, the former ohio governor. nice to see you this evening. how are you doing? >> hey, laura, he was so good. i'm sitting here listening to him. he was like -- he was so clear

and so good. i hope he is proud of himself for his appearance tonight. it was, i thought, very effective. i hope you agree. >> i do. should i go back to him instead of you, governor? we can cut your segment, if you like? >> it might be better. whatever is going to help m people. >> you know, i have said goodbye. he is incredible and the information so powerful. hopefully, it counters the misinformation that's out there. i want to turn to you, though. i am glad you are here, governor. something that feels like a christmas miracle, president biden and his predecessor are trading praise over the vaccines. listen to this. >> thanks to the prior administration and our scientific community, america is one of the first countries to get the vaccine. just the other day former president trump announced he had gotten his booster shot. maybe one of the few things he and i agree on. >> and then, continuing with the miracle of sorts, former president trump telling fox news, quote, i'm very

appreciative of that. i was surprised to hear it. you know, it has to be a process of healing in this country, and that will help a lot. pretty remarkable exchange on that. what are your thoughts, governor? >> well, you know, i intend to watch a miracle on 34th street. this was a miracle on pennsylvania avenue. look, it's one we welcome. it's great these two guys are talking. it's great that trump went out and got his booster, and actually is critical at times i have been at him, he did a terrific job in terms of investing the money and putting the vaccines together. i am glad he got credit. that's the way it ought to in our country. everybody thinks that people who are not vaccinated are all trumpers. that's not true. there is a group of people out there on right and left who don't believe in this vaccine. but every little bit helps in terms of getting people to get their vaccine, but mostly, and

you said it earlier, it's not enough to just have two. you've got to get boosted because what happens is these vaccines, they lose their effectiveness and what the booster does is boosts it back up again. that's the name, booster. so i am glad they woucooperated that. that's a nice christmas present for a lot of americans undecided. >> you another, it is. let me tug on that santa claus beard for a second because it's good news that trump does seem to be coming out in favor of the vaccines and the boosters. that's true. but we are two years into this and for most of that time he was saying things, well, like this, governor. >> supposing you brought the light inside the body, what you can do through the skin skin or in some other way. and i think you said you are going to test that, too. sounds interesting. and then i see the disinfectant where it knocks it out in a minute. one minute. and is there a way we can do something like that?

injection inside or almost a cleaning, because you say it gets in the lungs. >> there is that and then there is, obviously, what happened when he talked about or maybe allowed parts of his base to think that the vaccine was, you know, the persona non grata, so to speak. is his message too little to late, or is the miracle there still might be people who will listen? >> well, there will be some people who will listen. but, laura, it's, you know, what he -- think about when he came back when he had covid. instead of standing at the white house and saying, you know, look, i mean, i'm the toughest guide in the world. i got it, almost knocked me out. by the way, wear a mask. later to insist on people getting vaccines. it could be a much different world today. but that's only speculation. i believe it would have made a difference. what he is doing now, better, you know, i'm glad he's doing it and give him credit for it and give biden some credit for

having the humility to give him some credit. that's the way the political system needs to work and we are fighting a big common enemy and when we are united we are going to do better than when we are splintered and casting aspersions on any of the treatment we ought to get. so, you know, let's count our blessings. >> well, give credit where it's due. absolutely true. the era of good feelings between trump and biden, well, i mean, it might be short lived. this was the president's response when he was asked by abc tonight about running for re-election. listen to this. >> and if that means a rematch against donald trump? >> you are trying to tempt me now. sure. why would i not run against president trump? that would increase the prospect of running. >> it would increase the prospect of running. you supported president biden last time, governor. would you support him again if he were -- if he were -- against donald trump again? >> look, i supported a guy who was much different than the joe biden i see today.

and i think that's part of his problem. joe's not showing passion. the passion that thi think he h in terms of connecting with the other side, bringing people along. the other thing that concerns me and concerns me as an american, you know, republican is very not important to me as it compares to being an american. joe biden needs to appear much stronger. his interview tonight, there was still confusion. if you are going to go on network television, know the difference between the pills and the tests. i mean, we just got to see him stronger. we got to see him more clear and we got to see more passion from him. you know, we are only one year into his presidency. we got three more to go and we all ahave to hope for the best for whoever the president is. the fact is, is that he really needs to step it up. and his people need to stop kind of hiding him and let him get out there and because people are saying, laura, you hear it, i hear it, does he know what's going on? is he really in charge? he needs to show it. i believe he is. i believe he is an intelligent

man but he's got to be stronger. >> well, he is the president of the united states and who surrounds him has to fortify that perception. we will see what the american people think about that. thank you, governor. >> yeah, thank you. thank you, laura. >> more breaking news out there. congressman james clyburn revealing that he has tested positive for covid-19. a breakthrough case. south carolina democratic who is house majority whip says he is fully vaccinated and he is also asymptomatic. this diagnosis comes less than a week after clyburn was with president biden at his alma mater. south carolina state university's commencement ceremony. congressman saying tonight, quote, america is in a new phase of this pandemic. no one is immune. i urge anyone who has not done so to protect themselves by getting vaccinated and boosted. we send our best wishes to representative clyburn tonight.

and three days of deliberations and now no verdict. the jury in the trial of the ex-police officer who shot 20-year-old daunte wright at one point signaling they may not be able to make a decision. the attorney representing wright's family tells us what they are thinking about all this. that's next. ve nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most.

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of deliberations in the manslaughter trial of former minnesota police officer kim potter. she miss stook her firearm for her taser when she fatally shaut daunte wright. joining me now, jeff storm, an attorney for the wright family. jeff, nice to see you. must be a very difficult time for this family. i mean, tell us about how daunte wright's family is feeling right now. we're coming up against a major holiday and, of course, they know that there has yet to be a verdict in the case that is so impactful to them personally. >> well, laura, an experienced lawyer like yourself knows that it's agonizing for attorneys, let alone a family in this situation. you know, every single second that goes by is an incredible struggle for the family, particularly given that they paid very close attention to the evidence and the feeling a lot of us have is that, you know, we

have concerns about what you would know to be injury nullification, the concerns that they will make their decision based on something other than the law, because that was very much the defense strategy here. and that aspect and dwelling on that is certainly agonizing for the family. >> did the family have a reaction to the really emotional moment of testimony from kim potter? i wondered while i was watching it what was going through the minds of the family. i mean, obviously, there is that notion of jury nullification, sympathy towards the defendant. but, of course, tears have been shed for their son, daunte wright. so what was that like for them, if you know, to watch that moment? >> i don't think any family member left that room feeling like those tears were genuine and for the loss of daunte wright. more so than they were a

reaction and tears or, you know, supposed tears really stemming more from, you know, kim potter's fear that she is going to be held accountable for her unlawful actions. >> so on that note of accountability, i mean, were you worried by the jury's question what happens if they cannot reach a consensus? what do you think is behind the potential split perhaps between these jurors? >> you know, i think, as you know, laura, that's not an unusual question early on in deliberations, which was that was. when you start to get really nervous as a lawyer is when you start getting notes from the jury that lead you to believe there is just no chance that this jury is going to be able to reach a resolution. so given the stage that that came, you know, i think that, you know, my advice is always to clients in those situations not to read too much into that at

this point, particularly given that the other two questions show us that the jury was likely carefully analyzing impeachment evidence and evidence related to a critical theory of the case, the physical construction of the gun. that shows us that we have an active, intelligent, and working jury at this point. >> first, the impeachment-related evidence, you mean the idea of trying to cross-reference her statements on the stand to what she did or did not remember with a psychologist at one point in the trial as well and the idea of the evidence. this comes down to the idea of was it reasonable, was it reckless, was it negligent to mistake one's firearm for an obviously distinct taser. the jury asked the question to have the zip-ties removed from potter's gun so they to could actually hold it. they are trying to put themselves in her shoes, i guess, by doing that. is that, in your mind, to her benefit or the benefit of the prosecution to have them

deliberate what the distinctions may have been? >> well, you're right on point, laura, on both of those pieces. to get to the gun aspect of it, you know, personally i think it benefits the prosecution because those of us who have observed both weapons, touched both weapons know how both weapons operate. we are hopeful the jury is going to see what we heard explained through expert testimony and what we can see with our own eyes, you know. it's negligence, culpably neg j negligence to say you made a mistake confusing those weapons. that shouldn't happen. >> i mean, this killing of daunte wright came during the middle of another extraordinarily high-profile trial, the trial of derek chauvin, and it's noteworthy that this officer also resigned after doing this act. and i wonder with all of the temperatures, all of the thoughts in minnesota, you have

phi philando castile, you know, what happened to daunte wright, what happened to, of course, george floyd, and many more in between, unfortunately. what is your message to the public if the jury reaches a decision that you do not believe is just or on the perhaps maybe unlikely hood or likelihood that one is not reached at all? is there a message you want to convey to the community about what this would mean to your clients, the family, of daunte wright? >> you know, with respect to the community, i do want to wait and see what that decision is. but i actually want to focus more on prosecutors. i hope that prosecutors around the country continue to have the courage to charge these types of cases because even if there were an acquittal in a case like this, no one can doubt after having seen the evidence that this is a very worthy trial and that kim potter should have been held accountable for her actions

in a court of law by a jury of her peers. so if this does not come down the way we want it to, i certainly hope the community continues to engage in its efforts to support holding law enforcement accountable and that the government continues to show courage in the prosecution of these cases. >> courage is the right word. also just prudence. you're right about thinking about criminal justice reform. it takes conversations around what is a reasonable use of force. what is the benefit of the doubt we extend to police officers or should withhold and what standard they must be held according to their own actions even if intent is not a requirement in the law in this instance here. thank you for your time. please extend my condolences to the family of daunte wright, trial or no trial. they want their son. >> we appreciate that, laura. thanks for the time tonight. >> thank you. well, there is no verdict yet in the potter case. and no verdict in the ghislaine maxwell case.

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so all eyes are on jury rooms across the u.s. in minnesota the jury is still out in the trial of former police officer kim potter. in new york a jury is now on a four-day break in the ghislaine maxwell sex trafficking trial. and the jury in elizabeth holmes' theranos trial will be back deliberating tomorrow. joining me now cnn legal analyst joey jackson. good to see you, joey. you know, this has been quite a week of trials and waiting and waiting on jury watch all this time. what do you make of the fact that there is still a jury out in the potter trial and no notes, no questions today. take me inside that room with the mind that you have. what's going on? >> yeah, sure, laura. good to be with you, of course, as always. what happens in potter, i think, is that there is a clear distinction. on the one hand the defense made the case that this was a terrible mistake, she feels so

badly about it, they put her on the stand, she had authenticity, and i think jurors are not going to convict or who are loathe to convict saying she is an officer, she made a mistake, she deserves the benefit of the doubt. on the other hand, i think these juror want accountability who say, listen, she testified. she indicated it was a mistake. she indicated she didn't mean to use deadly force. she said she was sorry. you she said she should have known the difference. she admitted to every material element of reckless conduct in addition to culpable negligent conduct. the prosecutors have proved the case. 26 years, she is trained in this all the time, she is a trainer herself. there is a distinction between design, et cetera, with respect to the taser. she should have known better. she is getting convicted. the other other size it was a

honest mistake, we like her, jury nullification, which is allowing and executions the bail your and send her home. i think that's the fight and i think that's why we haven't heard boo today with respect to that case. >> that phrase loathe to convict, i think it's important for the audience to understand even though they may be loathe to convict, maybe it's an easier case if the prosecution had to prove intent. but as you and i know, when it comes to these charges, intent is not what needs to be proved. there is not an lpt of either crime. it's about what was foreseeable, if you created an unreasonable risk. that's confusing to jurors when you have a manslaughter charge. hold on, you mean somebody could not intend something and still be held accountable? we do it all the time in the law, right, joey? >> yeah, you know, it's a great point that you make because when people think about someone dying at the hands of someone else, you think about intention,

deliberation, premeditation, et cetera. but of course we know that not all crimes, right, require that element of deliberation, intentional conduct. instead, they require something else like this, which is the distinct between first-degree and second-degree. were you reckless with respect to the fact that you used a taser or meant to use the taser but used the firearm instead. and if you wrnt reckless, which gets you 15 years, were you negligent, careless with regard to that? in the jury concludes that, she is convicted. i do believe that there are jurors that are saying of course she was and then you have those other jurors that are saying, well, she may have but we heard from the psychologist, the psychologist said that people who really could be experienced could make this mistake, it happens all the time, you saw her testify, she didn't need to do it, and i think that's the fight and why today we didn't hear peep from anybody in the jury. at the same time, lawyer, a we know that people don't like to convict police in general, think

they are doing their jobs. i think they are fighting hard to reach an appropriate outcome. >> cops get the benefit of the doubt from the supreme court. it's codified in some of the most informational and informed precedent. let's turn to the maxwell trial. that jury did ask for questions. they asked for more transcripts of witness testimony today. what are they zeroing in on when they are asking for this testimony? are they trying to assess the himry, the credibility of the accusers? what's their focus, do you think? >> yeah, i think it has to be that. here's why i lebelieve this. it hinges on those four victims who were then girls who are now young women. remember this occurred between 1994 and 2004. what did the defense attack? the defense attacked, number one, their motivations as it related to money and settlements, et cetera, and in addition to attacking their motivation, money, money, money, also attacked their memories. in fact, the defense called in an expert witness to talk about

false memories, how things are suggested, things change over time. defense made such hay with respect to their inconsistencies. there was an fbi agent and other evidence with which would suggest when the victims told the story earlier on, they did not indicate that miss maxwell was involved. so i think because of the defense has starringed those issues, they are really trying to see that it's the jury, what did these victims say? is it credible? are there contradictions? can we believe them and should we convict her. that is what they are doing, i believe, in that jury room. >> taking several days off dom back, as you know, to come back and deliberate. another trial, joey, elizabeth holmes trial about theranos. that jury is back tomorrow, too. they are also up against the holiday. i mean, christmas eve is friday. christmas on saturday. what do you expect in that case? will it be one to light a fire

and, obviously, wed can quibble will whether that is appropriate in terms of rushed justice or deliberation for a holiday or any other event. this part of what the calculus might be for them? >> you know, i really think so. so that case is a bit different because, remember, she testified for about 24 hours over several days. of course, she is charming and very convincing. this is a person who at 19 dropped out of stanford built a mega company, convinced some really high-profile people to join her. she had the former secretary of defense on her board. this is a person who can talk and who is relatable. i think the jury in that case has to draw the distinction, did she exercise appropriate business judgment and was she wrong and -- look, no company, of course, when you put it out there, is completely solid. there is risk in investment. and that's what she is saying. that she acted in good faith, exercised her best judgment. the prosecution saying, you engaged in fraud. it was a deck of lies. you knew what you were doing.

you were misrepresenting everything to people. so i think they are fighting over that and finally, to your point, it's coming up on christmas. so do they -- and there is 11 counts here. so there is a lot to consider. the last point also, the jury actually asked to take home with them, right, the 39, you know, count information so they can look at it and determined what she did, what she didn't. i think they are focused hard on that. while they want to have their christmas, we all do, i think they want to make the right decision. leds see if that plays in their calculus when they render a verdict, which will be soon. >> until then, we are drinking from a fire hose on jury watch and verdict watch. nice to see you. merry christmas if i don't talk to you before then. i am sure i will pester you before then anyway. >> thank you so much, laura. always a pleasure. >> take care. up next, a reminder for yet a branch -- another branch of government thatseems to think t it's above the law. i'll make my case about that

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no one is above the law. as a phrase people once thought was reserved for the president. reminder that even the head of the executive branch, whose job it is to enforce the laws, doesn't get to evade them. now it seems, however, that the phrase must be a reminder to those we entrust with not just enforcing those laws, but actually making them. congress. and here we are watching members of congress continue to thumb their nose at even their own colleagues and pretend they don't have to follow the laws that they have made. now, we focused on the dangers of the big lie. concerned about the potential for the electorate to doubt that we, indeed, do have fair and

free elections. that there is still integrity in the world role model for democracy. propaganda and misinformation on that demands you to only believe in our electoral system if your candidate wins. well, that is as absurd as it is toxic. there is also a danger in another big lie. one not wielded by those who lost elections, but by those who won them. a sitting member of congress who promotes the lie that congress has no legitimate legislative or oversight function in investigating what led up to and what occurred on january 6th, which was an attempt to prevent them from performing their legislative role in certifying the electoral college as was required under law, by the way, and also compelled by the people's vote, a suggestion that congress is somehow wrong to try to figure out who played a role

in an event that put our elected officials in grave danger, well, that is also a big self-serving lie. congress is inherently political. obviously, it is. but it is also expected to codify our principles into law. instead, members of congress who refuse to recognize the legitimacy of their own branch, well, they risk codifying what is antithetical to democracy, that those who make the laws are somehow above it. former fbi director deputy director andrew mccabe is here. the committee investigating the insurrection wants to talk to gop address man jim jordan, a key trump ally. so how long until he says no, too? we'll talk about that next. oh no.

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feel the difference with downy. the january 6th committee seeking a voluntary interview with republican congressman jim jordan, a key trump ally, saying in a letter it wants to learn more about jordan's communications with trump on january 6th as well as his discussion with white house aides and trump's own legal team. let's discuss now with cnn's senior law enforcement analyst, andrew mccabe, the former fbi deputy director. andrew, good to see you tonight. hope you're doing well. jim jordan is the second congressman the committee has requested to speak with, and we can't forget, by the way, what jordan said when asked if he spoke to trump on january 6th. remember this? >> on january 6th did you speak with him before, during or after the capitol was attacked?

>> i'd have to go -- i spoke with him that day after, i think after. i don't know if i spoke with him in the morning or not. i just don't know. i would have to go back -- i don't know when those conversations happened, but what i know is i spoke with him all the time. >> the stammer heard around the world at that moment in time. we already know jordan texted mark meadows on january 5th about blocking certification of the 2020 election results. what do you think the committee wants to know about his communications with trump? it seems obvious there was something he could tell them, right? >> oh, there's a lot of that he could tell them, laura, so a couple of things come to mind. first, any confusion that congressman might have about how many times he called him on that day or when he called him on that day could be easily rectified with a subpoena to his phone company which would provide records of all the incoming and outgoing calls on

his phone. we could clear that up pretty easily. the second thing that really jumps out at me here is let's remember what is the committee doing. they are trying to determine what happened, what led to the attack on the capitol on january 6th, and so imagine if you were doing that and you were, as part of that quinquiry, you're tryin to determine what the president is doing while the capitol is being attacked. you have a witness saying i might have been on the phone with him during that time, wouldn't you want to ask that witness a few questions about what did they talk about what was the president doing, who else was there. it's a very legitimate inquiry, and it's one that i think he's going to have a hard time ignoring cleanly as it were. >> those records are going to help jog that memory. i wonlder if the committee aske questions they might already have the answers to. wanting you to confirm or explain away something. jordan was asked whether he

would comply with the committee, and he deflected saying he just got the letter today. congressman scott perry has refused to speak voluntarily with the committee. if jordan follows, should they be subpoenaed, andrew? >> i think they absolutely should. i don't think there's any reason on earth why, first of all, members of congress should be treated any differently than any other citizen in this country. you know from your own experience, laura, i know from mine, anytime i got a request from a committee to appear before them to answer questions when i was working in the fbi, i had to go up and answer those questions, and if i didn't, i would have been subpoenaed to do so. i don't see why it should be any different for members of congress, especially in this case where jordan has already told the media some of the information that he has to offer, that he spoke to the president on that day, maybe in the morning, maybe in the afternoon. we don't know. hopefully we'll find out. so these are items that he's already referred to. we know this is knowledge that he has. he should share it with the committee. >> and one step further, not only should he be subpoenaed, he

should also comply with that subpoena. if he fails to do so, being treated like anyone else who fails to comply with a duly issued subpoena, that has to be the bare minimum, the floor in all of these things. and january 6th rally organizers are suing the committee to block a subpoena over the phone records you referenced and alluded to the same way, by the way, michael flynn lost his legal challenge to block a subpoena for his own phone records. he filed suit yesterday. does this quick response mean something different that the committee is not facing an up hill battle after all? >> i think it does. i think it certainly telegraphs it at least in the flynn case, there's not much to that objection to the subpoena, right, and as we know, the standard for a subpoena is essentially simple relevance, the subpoena needs only to be geared to collect evidence that's relevant to the inquiry that's underway. i find it hard to believe that any of these suits will

ultimately prevail. what they will do in the meantime is delay. they will drag these procedures out, force the committee in the subpoenas, and that's a problem as the clock is ticking over these folks' work. >> our clock has come to an end as well. andrew mccabe, nice to see you tonight. >> thank yous, laura. you too. >> you too. >> thank you all for watching. our coverage continues.

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good evening, breaking news to report, and it is an impressive array of good news tonight. involving what the data suggests about the path of the current coronavirus surge as well as the fight against that quickly spreading new omicron variant. that in just a moment because