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and a host of other chilling halloween activities all on the xfinity app. explore your rewards today. xfinity rewards. our thanks, your rewards. good morning, everyone. welcome to your "new day." i'm amara walker. >> good morning, amara. i'm boris sanchez. on edge and on alert. an alarming surge on respiratory viruses among kids overwhelming pediatric hospitals across the country. now they're bracing for what could be a rough winter. we're going to hear from a medical expert about what counseled be behind the spike. nearly 6 million ballots

have been cast as president biden and candidates make their final pitch to voters. we're going to have the latest as the republicans and dep caratsca-- democrats vie for power. and the january 6th committee is issuing a subpoena for president trump to testify. >> storms rollinging in could possibly bring severe weather to several parts of the country. what to expect, and what states could see the first significant snow. yes, we're talking snow. of the season. ♪ good morning, everyone, and welcome to your "new day." it's saturday, october 22nd. boris, good to be with you. how are you feeling?

>> i'm doing all right, amara. trying to summon up the energy to be up bright and early with you. >> you've got it. >> you always bring forth a pleasant presentation. i'm trying to keep up. >> you know i'd be poking you. >> to wake up. we start with a growing concern for parents as doctors are warning about this unprecedented surge in a respiratory illness among kids that's beginning to overwhelm hospitals. the kids say cdc cases of rsv are rising fast with 74% of pediatric hospital beds currently full across the country. that marks the highest capacity level in the last two years including at the height of the coronavirus pandemic. >> it's so concerning. in illinois, only 6% of pediatric icu beds remain open. in connecticut, the surge is so bad, the state's children's medical center is considering the use of a mobile use hospital

as rsv cases have surpassed covid cases so far this month. and before flu season gets into full swing, health officials are urging people to get vaccinated against preventable respiratory viruses like covid-19. influenza does not have a vaccine, by the way. cnn's brynn gingras has more. >> reporter: this is a common virus among children. what's not common is the surge across the country, particularly this one in connecticut is seeing. this hospital reports on average each night 15 to boarders as they call them for two weeks. children are having to come into hospitals to stay in beds used for triage. they can't get into if hospital because of full capacity. they've turned playrooms into hospital beds. they're taking drastic measures to deal with the surge they're

seeing. we also got reports from this hospital that october is the first time since june that the number of rsv cases has outnumbered covid cases among children. so extremely alarming, extremely overwhelming for these doctors, nurses, and hospital staff. now, to prepare for really another surge possibly of the flu on top of rsv, what this hospital has done is coordinated with the governor of the state, the department of public health, teen national guard to try to possibility set up a field hospital in this area where i'm standing right now. if it comes to that that they need help and room for tin flux of patients. they haven't pulled that one yet but possibly in the future. the cdc says this is a surge they're seeing all across the country. doctors say make sure you get your kids with the flu vaccine to help prevent the raise in the flu because rsv numbers are so bad as well.

i'm brynn gingras, cnn, hartford, connecticut. here with me now to discuss this further is primary physician dr. sanju. i feel like so many friends have been through some rsv or respiratory illness that got us concerned in the middle of the night. health officials say this spike for this time of year is unusual. what is behind the surge? is it because covid-19 kept so many people indoors and immunity levels are just that low? >> yeah, good morning, amara. listen. i was up the other night. a pediatric resident an one of the big hospitals in alabama was intubating kids with rsv, guess where, in the hallway, not even in a bed in the emergency room because of the overflow. so many kids are presenting with rsv. just to calm parents down, we've known about rsv as you mentioned. it's a very common virus with

children. most do well. if you're below the age of 2 years, especially below the age of 6 months, those are the kids that are at highest risk, also kids with lung problems, cardiac problems, premature babies. have to watch out for signs and symptoms like increasing work in breathing and dehydration. really to answer your general question, america's opened up. we're largely unmasked. a lot of us are unprotected. that's why we're seeing these surging like we have the last couple of years. >> i need to ask you about the threshold on when we should be taking our children to the er, right? i have a friend who has twins. the kids, i think, are about 1 years old, and it was a friend who was a nurse who noticed on a walk how her daughter was breathing, and she said, i really think you should take her to the er, and she ended up being admitted to the icuing and she was in there for four days.

and this mother, i mean, thankfully she had a friend who saiding look, you've really got to go. what do we need to know as parents? what do we need to be looking out for, and when do you say, all right, it's 3:00 in the morning, but you're going to er now. >> two things. increased work of breathing. just like that nurse noted, if you observe children struggling to breathe, amara, you'll see their chest almost heave in and out. you might even use shoulder muscles to get oxygen into your system. watch out for kids with these very uncomfortable, almost grunting noises. second, with increased work of breathing, you're going to be dehydrated. kids not eating well, feeding well, not putting out enough wet diapers, these are the children you want to pay the closest attention to. what i tell parents of kids i treat, amara, listen, there is no harm in always calling your family doctor or pediatrician if

you are concerned, but early treatment is the key with rsv, just like any other illnesses. and as you mentioned at the open, we don't have a vaccine, so it's all supportive care. >> this is concerning, right, because it's getting cold. it is cold in many parts of the country. we're all moving indoors, and you're contending with covid-19, flu, and now rsv. i mean what can we do effectively to keep our little kids safe? my daughter loves to hit her hand and wipe -- i won't tell you why. she's constantly licking her hand. i mean, what do you do? >> yeah. i mean you can't change the way children behave. they behave the way they do because they're cute. adults behave very dirgely. that's also why you can imagine if one class -- masses of kids can get infected within days and weeks. the most important thing is making sure kids wash their

hands, teaching them to basically blow their nose into a tissue or elbow and not into their hands and avoid contact. most importantly, if your child is sick or you're sick, stay away so you're not spreading the virus rapidly. again, to reassure parents like yourself and most parents, children with rsv generally do well, but it's the streams of ages, young, young kids. by the way, elderly adults can suffer complications with rsv. >> really important stuff, and i know a lot of parents and loved ones are paying attention to this conversation. dr. saju mathew, thank you very much. my daughter acts like a cat and licks her hand. i can't stop her from doing that. >> i like to lick my hand, too, sometimes to be clear, especially if there's chocolate on it. >> my daughter will lick her

hand and wipe it off. >> i wonder where she learned that. >> not me, boris, not me. let's get to some important news about the federal appeals court that put a temporary hold on president biden's student loan forgiveness program because the democrats were counting on this thing for midterm elections. >> yeah, they were. and the appeal is part of a lawsuit brought by six republican-led states. earlier this week a district court dismissed a case, and this was a suit that was brought by a wisconsin taxpayers group. that case was rejected by the supreme court. now, the white house says nearly 22 million americans have already applied to have their student loans forgiven. and speaking of the midterm election, states across the country have seen a surge in early voting. nearly 6 million ballots have been cast in 39 states, reportedly another election cycle with a high voter turnout. with over half a million cast,

georgia is one of many states that could tip the balance of power in the senate. cnn's eva mckend reports. >> reporter: boris, amara, senator raphael warnock campaigning in peachtree. he worked hard to pass the inflation reduction act, a key provision he offered, aimed to lower the cost of insulin. meanwhile hershel walker campaigning in south georgia making his case to voters in amary cass and columbus. >> are you asking why i'm run? they're campaigning for you, telling you lies. they're telling you this is the new normal. it's not if the new normal. we don't need politicians. we need warriors, warriors ready to go to washington and tell people that right now you're not going to separate my people. you're not going to tell us that because you're black, you're

white, you're no this or that. i remember dr. king. i'm running against a wochl in sheep's clothing. he's trying to tell you because of the color of your skin you're no good, you're an oppressor, you're a victim. i'm here to tell you victorious. >> my work in the senate is really an extension of that life-long commitment to service, fighting for health care, which is why i'm glad they was able to get something done on that front. you know, i believe in health care so much, i've gotten arrested so much fighting for health care. i got arrested in the governor's office. i got arrested in the united states capitol in the rotunda fighting for health care. now i pass through that rotunda nowadays on my way to my office writing medicaid legislation.

>> reporter: many travel by golf cart, much of the city accessible by cart. it's in fayette county. that's a county that's become increasingly competitive in recent years. democrats at that rally with warnock feel confident they can flip that county blue. boris, amara? >> thanks to eva mckend for that report. still ahead, a demand for documents and an order to testify. the january 6th committee hitting former president trump with a formal subpoena. the question, of course, will he comply, and what does it mean for his other looming legal troubles. plus, the epa launches a federal civil rights investigation into the jackson, mississippi, water crisis. was racial discrimination used against black residents when it came to treatments? we'll tell you what the agency is looking at and how long the probe could take. plus, latino voters could play a major role on election day, and the issue of immigration is going to play a

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we saw an historic moment yesterday when the january 6th committee subpoenaed former president donald trump. they're calling on the former president to not only testify, but also produce an extensive list of documents and communications if the lead-up to the riot. this sets up what is likely to be a contentious legal fight over whether trump will comply with the request by next month's deadlines. joining us now to share his insights, defense attorney and former federal prosecutor shan wu. shan, also great to see you on a saturday. thanks for being with us. what stood out to youing the evidence the committee is demanding? >> it's such a comprehensive and

sweeping detailed demand. as you said, there's going to be a lot of contention over this. the delay will stretch into the future. i think the significance such a detailed command sends a message to the public as to how much valuable information donald trump has, and it also provides a guideline for the justice department just in case they have missed any of the details they should be asking about or looking for. >> so there's a message to the doj here. how do you think the attorney general sees it? >> i think doj at this point they're late to the dance, but they're fully engaged in doing their own investigation. i think they can take any help they can get. we understand they may have been watching the hearings. they w they've reviewed the transcripts. all this evidence is really a gold mine for them and a roadmap. >> yeah. so you alluded to a potential

upcoming legal battle. walk wus through if trump doesnt comply with the subpoena. >> first he'll spend a lot of time not complying but trying to avoid saying not complying so they can't get to the contempt issue just yet. my understanding is he's added a new attorney onto the team. sounds like he's looking for tones who will agree with him rather than try to counsel him or guide the case, so they'll seek -- this is not very heavy lifting for the defense attorney. you invoke all sorts of things, executive privilege, attorney/client privilege. and since this is a special situation, they'll have a lot of legal arguments to raise. the name of ta game will be delay. i doubt we'll ever actually see him testify. >> let's pivot now because there are new developments in the department of justice's case on the classified documents that were found at trump's mar-a-lago home. there's a new court filing that

reveals trump is claiming 15 of the recovered records are his personal property. we're talking about things like clemency requests. do you think that argument is going to hold up? >> no, i don't think those arguments are going to hold up. once trump's team finally decides what they're arguing on that versus his public statements, i don't think any of that is going to hold up. i think what you're seeing now is sort of a narrowing for the option of trump. the closer they get to having to respond to court pleadings, the harder it gets, and those are all going to be rulings against them, if you ask me to predict. >> and, shan, the special master in that case, he was appointed to review those documents. apparently he's expressed frustration because he's getting limited information from the doj and trump's legal team. what did you make of that? >> well, i think for trump's team, this is not the special master that they dreamed of having.

he's actually being very rigorous, holding their feet to the fire, and expression skepticism when they don't back up their assertion. doj's answer is interesting. their filings, special opposition to the master, they rightfully so don't want this ancillary civil proceeding looking at their criminal investigation. so i think that's why they're trying to be very minimalist in terms of their cooperation with the special master. cannon having appointed one is just enormously intruce irv into the criminal investigation. i think the doj is reacting to that. >> shan, there's new cnn reporting that surprised me that trump is considering letting them search mar-a-lago again. how can that legally help his case? >> it could legally help his case because if the doj genuinely is negotiating, which i think would be a terrible idea, they're giving him plenty of notice to basically clean up the crime scene.

so it's kind of like, come on in, look for evidence, you don't find any and that helps my case, i'm actually innocent. now, i don't think the doj is quite that innocent. they've been burned once, twice, three times before. the kind of dialogue they're engaging in could give them new tidbits of information and possibly give them comfort in searching other residences in terms of probable cause. personally i think they could have done that to begin with, but if they're being cautious and want more specific evidence, this kind of exchange with trump's legal team might provide them that. >> all right. shan wu, as always, appreciate your expertise. >> good to see you, boris. >> thanks, shan. senator lindsey graham missed taking his fight for a s&p to the supreme court. the south carolina republican has asked the high court to intervene, which would require him to testify about efforts to overturn the 2020 election --

presidential election in the state of georgia. cnn's ariane de vogue has more. >> reporter: senator lindsey graham has gone to the supreme court over having the testify before the grand jury. a lower court said he has to answer some questions, but his lawyers are coming to the spleem court saying he shouldn't have to answer any questions. they point to the speech of debate clause in the constitution that they say was put in place to protect sp speech of senator, particularly from harassment. but a lower court said while some of his speech is protected, that kind of speech that has to do with his legislative duties, not all speech is protected. this court said communications with trump officials about post-election activities is not protected. this was filed with justice clarence thomas because he has

jurisdiction on the lower court here. thomas is likely to refer it to the full court. boris, amara? >> ariane, thank you for that. the epa is investigating if state officials discriminated against the majority jack population of jackson, mississippi, over it water infrastructure. we're going to have the latest on that investigation.

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report he was sign on body camera video less than five minutes after the shooter entered the school. his firing comes after the public outcry over the extreme delay in law enforcement response to the massacre. authorities in michigan are searching for a family who disappeared a week ago. a father called 911 and later the family left reportedly. later they were seen getting gas and food. the two sons are autistic and the family left an elderly relative with dementia home alone after their disappearance. a life-size statue of emmett till was unveiled near where the 14-year-old was brutally attacked in 1955.

the statue stands tall. it's a famous image of a dress shirt and tie with one hand on his hat. emmett till was the spark that recognized the ricivil rights movement. there's an investigation into the water crisis in jackson, mississippi. >> an official with the cpa tells cnn that its civil rights office is looking at the state's spending on its water supply and whether two state agencies discriminated against the majority black population. cnn's nadia romero has more. >> reporter: good morning, boris and amara. one epa telling cnn the inspection should take about 120 days and they've received a letter from the two departments in question, the department of health and the department of quality.

this is a big win for them who fired a discrimination soot last month. it boils down to whether or not racial discrimination was used as to the citizens. take a look at the letter. it's a first step in accounting for its role. for far too long residents of jackson have had water access weaponized against them. along with the investigation, there are investigations being done by two congressional committees, and two of those congresspeople, one from new york, one from mississippi, sent a joint letter to the governor of mississippi, tate reeves asking how the treatment has been in jackson as it relates to the water crisis. here at cnn, we have yet to hear

back from the governor of mississippi or the department of environmental health or department of quality. i was able to speak with the lead over the mississippi urban league. this is one organization that has been handing out bottled water and set up a large distribution network even before the governor and national guard got involved this summer. people of jackson say many are still seeiiing discolored water coming out of their facet and an odor. so many are concerned about the water quality that organizations and many churches are still handing out bottled water. boris, amara? >> nadia, thank you. much more ahead including the president's decision to tap another 15 million barrels from u.s. oil reserves, this as he looks to lower gas prices ahead of the crucial midterm elections.

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oil from the u.s. emergency stockpile. the government has been tapping into the strategic petroleum reserve for six months now as it tries to slow spiking energy prices. joining me now is toban marcus. he's a former biden adviser and current senior policy and strategy manager. pleasure to have you on. as you know, gas costs on average around $3.82. that's up 14 cents from a month ago, and in more than a dozen states, gas is more than $4 a gallon. obviously that doesn't quite fit with the democrats' midterm pitch that the economy is getting better. but biden insists selling 15 million barrels of oil is not political is disingenuous, isn't it? >> the reality is the motivation

for this kind of action -- the political motivation and sub stan active motivations are intertwined. the reason why this is a number one political problem is because it's causing so much economic pain to american households. so i don't think you can cleanly separate the two. the other interesting announcement they made this week that's a little unappreciated, the 15 million barrels is part of the 80 million barrels they released back in march. they didn't add new oil supply to the market other than was planned. it's a last-minute game but to drive down gas price ahead of the midterm is overstated by how much they took this week. >> i want you to listen to what some critics on the right are saying, and i'd like to hear your response though that. starting with this from senator jerry moran, the republican from kansas who tweeted this, quote, draining oil from the strategic reserve is a shortsighted and

dangerous choice that imperils our energy security at a time of global uncertainty. and another from republican john borasco who said, quote, the spr was built for a national energy crisis, not a democratic crisis. do you think they have a point? >> i think this is the question. i do think we're in an energy crisis. certainly at the time they made the declaration of an energy supply disruption, at that time we were in the early days of the russian invasion of ukraine, oil price had sparked over $120 a barrel. i think the crisis at that time certainly made sense. the question now as of how much of our power we should be keeping, a few disrungss going forward, particularly if russia responds to the efforts to cap the global oil by cutting off

supply, it's very understandable to secret sichl on that dimension. exactly where does emergency end, where does an emergency begin, that is an interesting and important set of questions. >> you know, president biden, as you know, isn't exactly quite popular. his approval ratings are under water but hovering around the 40%. how would you be advising him politically and economically now just a little over two weeks before the midterm elections? >> yeah. i mean politically this is a really tough issue. they've been hurt badly by inflation and gas prices. sort of one price in the economy that's displayeded on 20-foot-high billboards wherever you go drives inflation overall. i think that they knew that they were going to take the political pain of high gas prices and high inflation no matter what they did, and so they made every effort that think could to take the corresponding political benefit from gas prices coming down over the summer and are now

making best of what is obviously not the situation that they'd want to have heading into the midterms. so, i mean, look, they have to kind of do their best of showing focus on this issue. again, i think the announcement this week was more about demonstrating that intensive focus, trying to show voters this is something they're prioritizing, they're going to try to keep the market stable going forward rather than, i think, sort of really out there efforts, sort of pull out all the stops and actually drive down prices because i don't think you can really read that as the goal. but certainly they are in a serious need to show that they're doing something about if situation and they're doing what they can. >> in the short period of time that's left. tobin marcus, i appreciate you. thank you very much. >> thanks for having me. an heir prepares to rule an empire, but not before a family's most notorious scandal shakes up the dynasty for ever.

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as another busload of migrants arrives in new york this weekend, roughly 21,000 since the spring, the issue of immigration will undoubtedly play a major role in the upcoming mid-term elections and so could latino voters. the fastest growing bloc in the country latinos make a fifth of voters in battleground states and recently there's been a shift in communities all over the country with more latinos voting republican, and as i heard directly from some voters, immigration policy is a big part of the reason why. if america is so bad, if america is such a terrible country to live in, why did 50 migrants die suffocated in a trailer to come seek a better life in this country. >> the grandson of mexican

migrants abraham enriquez says their rhetoric is out of touch and that their policies allow for what he calls unrestricted immigration. he says hard line policies like those pursued by former president donald trump resonate with voters like him. >> i think latinos we don't care really much what you say. it's -- what are you going to do, right? so many people are tired of politicians that just speak, but don't act and for the first time we had this political outsider that came in and spoke a lot, but acted even more. >> do you think either party is addressing that issue well? >> no. no. neither party is addressing the issue well. >> immigration attorney carlos gomez says a balanced approach is sorely needed and missing. >> they talk to their base and they talk to the right and the left and they don't come and talk to us. they don't see what we're doing on a daily basis. >> justin stugs, an independent

who supported bernie sanders says it's the gop paying most attention at the border. >> they talk about the border issue a lot more. >> the immediate impact of immigration might be felt most strongly by voters here in texas at the southern border. it's an issue that resonates all over the map including here in florida where there's also a large hispanic population and a republican governor that's taken a hard line stance. >> this is not a policy. that's a stunt. i'm sorry. that is a stunt. >> local pro-immigration advocate maria corina vegas says leaders like ron desantis and greg abbots try to win votes by demonizing. >> that's what populists do. >> the venezuelan warns the long term cost is devastating. >> i never thought i would see that. it tore my country apart and it

doesn't matter if it comes from the right or from the left. it's anti-democratic [ speaking non-english ] >> for cuban-born entrepreneur julio cabrera, the issue of immigration is tied to this country. >> this country moves because of the immigrants and latinos. >> 16 years ago cabrera says he was robbed at gun point by criminals in mexico while trying to seek asylum at the southern border with his daughter. today he's a successful restauranteur in miami. the american dream, cabrera says, would be impossible without immigrants so he's turned off by what he calls incendiary rhetoric. >> everyone is an immigrant here and we have done something remarkable by the community. >> voters like marvin, a colombian-american who lives in little havana, that it is a blessing that politicians may face. >> we're sharing a country built on immigrants and we should be proud of that, that we evolve

and we grow and we change. things can't stay the same forever. i believe that growth is pivotal. so is the growth of a country especially like the u.s. we should learn from it instead of run from it. >> with early voting already under way in many states, turnout in the hispanic community could prove pivotal. in florida, nearly a million ballots and a recent uptick among latinos will continue. all right. still ahead, the pacific northwest facing an early round of winter weather with high winds and snow in the weekend forecast. we will take a closer look at what you can expect when we come back. our pharmacists are here. two new ihop lunch and dinner menu items for twice the goodness, twice the flavor, and twice the choice. sirloin salisbury steak and all-natural salmon.

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a powerful storm system is threatening to bring cold wind, significant snow and rain to parts of the u.s. >> let's get straight to allison chinchar. she's live in the weather center. we're talking about a foot of snow in some parts. >> this is significant snow especially when we're talking about october. take a look at all these places where you have the winter weather alerts and advisories in purple and winter storm warnings in pink and a lot of the mountains, the northern rockies and the central rockies looking at pretty significant snow and it's also pretty substantial rain for a lot of these just in the lower elevations and they need it and that's going to be the key. when we talk about snow, yes, some of these areas are likely to pick up over a foot even though the most widespread areas are likely to pick up six to ten inches and still, that's

significant to this area especially the northwest where just thursday we had over 50 wildfires. that number now down to just 30. so we're already starting to see some improvement from the rain that has fallen in just the last 24 hours and will likely will continue to see some improvement in the coming days and then that system begins to make its way off to the central portion of the u.s. where we've had the chance for showers and thunderstorms stretching from minnesota all of the way down into texas and it continues off into areas of the midwest and areas of the mississippi river basin which desperately need some rain right now. so the good news is we will see that shift and we have the potential for strong and severe thunderstorms including the potential for large hail and damaging winds. >> allison chinchar, thank you so much. the next hour of "new day" starts now. buenos dias, good morning and welcome to your new day. i'm boris sanchez. >> hi, boris. i'm amar