she will probably come out very traumatized. >> reporter: nadia says brittney griner's status as an openly gay person might also work against her in the penal colony. she said she had a cell mate who was transgender who she says was sometimes be taken to the warden's office, get ridiculed mercilessly and come back in tears. >> thank you for that report. and to our viewers, thanks very much for watching. i'm wolf blitzer in "the situation room." you can always follow me on twitter and instagram @wolf blitzer. erin burnett "outfront" starts right now. "outfront" next, clash of the titans. less than 24 hours after gaining control of the house, republicans going after biden and his family. is this what voters want?

plus ten prominent attorneys with a 169-page report and their conclusion is that trump should be indicted. one of the authors will explain. a new video of the moment. two russian cruise missiles were shot down over kyiv. good evening, i'm erin burnett. republicans setting the stage for a long list of investigations against president biden. >> i want to be clear. this is an investigation of joe biden and that's where the committee will focus in this next congress. >> investigating president biden is something republicans have been promising they'd do, ever since he took office. >> it's no secret that i've introduced -- i think i'm up to

six articles of impeachment on joe biden. >> if we don't engage in impeachment inquiries to get the documents and the testimony and the information we need, then i believe that our voters will feel betrayed. >> i'm not going to give up on my investigation of hunter biden. >> all right. there you hear it from senator grassley. the investigation into joe biden's son, hunter. it is one of the top probes republicans are promising tonight. and, in fact, it is something that they've been talking about, goes all the way back to 2019 when president biden was just a candidate. then president trump pressured ukraine as president to investigate hunter, who had business dealings in ukraine. it happened during a call about aide to ukraine, a call which you may remember became the linchpin of the first impeachment trial against president trump. in a new pew poll americans ranked an investigation of hunter biden at 17 of things

important to their vote. 17. and yet republicans tonight are still moving full steam ahead on this investigation. a major power play as they prepare to take over the house. and as democrats are trying to figure out their next move in congress after the speaker of the house nancy pelosi announced she's stepping down from her leadership post. >> i will not seek reelection to democratic leadership in the next congress. for me the time has come for a new generation to lead the democratic caucus that i so deeply respect. i'm grateful that so many are ready and willing to shoulder this awesome responsibility. >> sarah murray begins our coverage tonight "outfront" in washington. what more are you learning about planned investigations by republicans? >> republicans made it clear today they just doesn't want to dig into hunt er biden. they want this to be about

president joe biden. it's very clear this is just the beginning. after clinching the majority in the u.s. house, gop lawmakers are gearing up for the subpoena power they'll inherit in january, many aimed at president biden, his son, hunter and his family's business dealings. >> we would like to talk to hunter and jim biden. >> reporter: they are vowing to focus on bank records, known as suspicious activity reports or sars from financial institutions and related transactions by biden family members. >> we will continue to pursue specifically the sars and bank records. >> red flags were raised by bank indicating suspicious or illegal activity. >> reporter: such reports are not conclusive and don't necessarily indicate wrong

doing. millions of reports are filed each year and few lead to inquiries. and there are plans to investigate the justice department and the fbi. >> we are going to look at the poll politics of the justice department based on the fact we have had more than 14 whistle blowers come talk to us. >> reporter: they are requesting suspicious activity reports from the treasury, and communications from a former hunter biden business parter related to hunter and joe biden's finances, taxes and debt. the president has repeatedly insisted he had nothing to do with his son's overseas business dealings. and in a 2019 interview, hunter biden admitted to poor judgment but not wrong doing when it came to his business ventures. >> i think it was poor judgment on my part. did i do anything improper? no, not in any way. >> reporter: a spokesman for the

white house office called it political revenge, chockful of they have not brought any charges in that matter yet. we also reached out to private lawyers for biden family members today. they did not respond be to our request for comment. >> thank you very much. after sarah's reporting, let's go to jerry conley of virginia. he's running to be the top democrat on the house oversight committee. it would lead many of the biden investigations. congressman, the incoming republican of your committee says the focus of the committee will be investigating joe biden. what do you say to him? >> well, this is a shop worn approach by the republicans on

our committee and it involves some really extraordinary tools in the kickback, insinuation, fabrication, disinformation, conspiracy-based theories that go nowhere. if you look at the history of the republicans when they were in the majority, when we had president obama, time and time again they had headline grabbing investigations that went absolutely nowhere. benghazi, the irs manufactured scandal about right wing filters and nonprofit status. the hillary clinton emails. on and on and none of them produced a thing except breathless headlines that gave them the narrative they wanted at the time. >> of course there's another way to look at this, when democrats won the house in 2018, right,

you all got control, multiple committees, including the oversight committee launched multiple investigations into trump and his administration. i think it was something like 35 total. 13 in your committee alone. how is this any different than that? >> i think the premise of that question really has no equivalence. to compare joe biden to donald trump even robert muller said he engaged in criminal activity worth following up on and there are multiple criminal investigations in new york, atlanta and the federal department of justice involving his company, involving his behavior in terms of trying to interfere with and overturn an election, his incitement of an election. i don't think there's any equivalence between that and whether joe biden had a son who showed good or bad judgment. >> so speaker pelosi announced

after being the first and only woman speaker of the house and lead being democrats for two decades, she's going to step down. it's time for a new generation. one name that is her likely successor is congressman hakeem jefferies from the state of new york? does he have your vote? >> yes, he does. he's a measured, tested, highly skilled member. i think he can easily engender the trust across the caucus irrespective of the spectrum. he will serve all of us very well. i think he's a superb choice to begin to fill the big shoes of nancy pelosi. >> now though is there any way in this situation, you get a new leader, congressman jefferies then that's who it will be, where you have republicans going

down all of these investigative routes that you and they can work together on anything? is it possible while they're investigating hunter biden that you're also passing legislation together? >> yeah, i think we can chew gum and walk at the same time. we're going to push back on what we think are completely groundless so called investigations which are designed for one purpose to undermine the legitimacy of the democratic party. in terms of cooperation, the incoming chair of our committee, we worked well together on postal reform. we worked well together on federal information technology program. so we actually do have a history of cooperation where we can find common ground and we should

continue to seek to find common ground. >> thank you very much, congressman conley. >> take something away from that. you can have something -- those two things going on at the same time. that is truly watching the meatloaf being made. it would be incredible if that could happen. thank you, sir. >> thank you. let's go to gloria borger now. they had investigations into joe biden ranks number 17 on the list of issues voters said were very important to their vote. number 17. i said to harry who even tracks the order of number 17 of things you care about. even if voters didn't ask for this, could these investigations do real damage to biden ahead of a possible presidential campaign in 2024? >> first of all, it depends what any investigation would find. i found it interesting that congressman jim jordan, who's the incoming chairman of the

judiciary committee, said we would like to hear from joe biden, hunter biden, et cetera. everyone there said that. jim jordan himself was asked to testify before the january 6th committee. he was subpoenaed and he did not comply with that subpoena. when he and mr. comber say we want these folks up here, that's not going to happen. so it just seems to me to be pay back and it seems to me to be really bad optics when what the public is asking for is, what are you going to do for us on inflation? what are you going to do about crime? what are you going to do about the problems at the border. when you talk about hurting joe biden, you have to see what if anything the committee were to come up with. as you know, the department of justice is investigating hunt jer biden. our reporting show joe biden is not any part of this investigation so we'll have to

see what they find. >> meantime, the house is going to be controlled by republicans. you've seen many as part of gubernatorial congressional senatorial seats concede the way they should. some are not. kari lake is posting as much as she can on twitter to say the election didn't go the way it should. she is not conceding. today the former president, obama, issued a speech. let me play it. the. >> what's being challenged are the foundational principles of democracy itself. the notion that all citizens have a right to freely participate in selecting who governs them. the notion that votes will be counted and the party that gets more votes wins. that losers concede that power is transferred peacefully. that the winners don't abuse the machinery of government to punish losers. we're going to have to figure out how to live together or we

will destroy each other. >> you know, gloria, what was remarkable about that was in part the timing. coming off this election where you had election denialism so resoundingly denied by voters, right? note uniformly but resoundingly. he still feels this is this moment of peril. >> yes. talking about it all during the campaign as was president biden. you know, i remember when bill clinton used to talk about the politics of personal destruction and what we hear obama talking about now is mutually assuring destruction. that if the parties can't figure out a way to work together, if the voters can't have trust in democracy that their votes are counted and that elections are free and fair, what will become of the country? i think he's -- you know, he will continue, i believe, to issue this warning to everybody saying, look, you have to understand the consequences of

all of this. and as you point out, with kari lake sitting there not saying, you know, i lost and conceding -- >> right. >> -- you know, what will become of dh country? what i took away is we thought it was absolutely fabulous that so many people actually conceded. >> right. >> we thought that was progress when, in fact, that should be the way democracy is conducted. >> right. all right. gloria, thank you so much. >> sure. next, the department of justice just now submitting a new filing in the mar-a-lago documents case. we're going to tell you what prosecutors are arguing tonight. plus, new video of the moment cruz missiles are shot down over ukraine. it is stunning as russia continues its mass ariel assault. new details of the killings of four students in idaho. two others were there during the brutal stabbings and left unharmed. >> we do not have a suspect at this time and that individual is

still out there. and sustain titissue health. ensure with twenty-five vitamins and minerals, and ensurere complete with thirty grams of protein. did you see my friend over there? we're talking. you should be doing something else. you take the lead on this. you're less intimidating you don't find me intimating? no. it's a height thing. hi. -h i believe you use to worked for harvey wietein. i can't believe you found me. i've been waiting for this for 25 years. we have decades of accusations of assault. wienstein's on his way here. let him in... this is all gonna come out.

why do dermatologists choose dove? the dove beauty bar, is gentle. it not only cleans, it hydrates my skin. as a dermatologist, i want what's best for our skin. with 1/4 moisturizing cream, dove is the #1 bar dermatologists use at home. if you have this... consider adding this.

an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare doesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪

tonight the doj just filing a new court document in the mar-a-lago case ordering a special master is not needed to review the thousands of documents. it comes as a new report, right here it is, by ten prominent legal minds concludes there's strong basis to charge the

former president for mishandling of government documents. they lay out six charges. in their analysis they model what the dodoj would present if they indicted a former president. ryan, our viewers all know you. you're in here daily giving your analysis. there's a lot that went into this analysis. you go through six potential crimes in here that trump could possibly face. you say some are slam dunk cases. what is your ultimate conclusion here on this? >> so we do the exercise that we imagine that prosecutors in the justice department will do and what they'll want to present garland with, attorney general garland with. every single case the department of justice has ever prosecuted for the same crime they are alleging, at least there was a probable cause to believe donald trump was involved in. we looked at every single case.

if you look at them all, the kinds of conduct that the justice department prosecuted in the past are far lessee greej gous in most of those cases than what trump is alleged to have done with the documents at mar-a-lago. >> the precedent would show you charge and you're saying multiple possible charges. >> that's right. the question is do you treat like cases alike? if you treat like cases alike it basically forces the choice. you have to charge. >> you have to charge. so i want to follow-up on that on exactly what this could mean. first, his defenses. he's given a lot much defenses. one, you'd be treating me differently. no, you went through apples to apples. actually, he would be if you didn't charge him. >> right. >> they've also said certain things like you just have to think about it to declassify it. let me just play a few of the excuses that have been put out there. >> remember this, remember this,

everything was declassified. they should give me immediately back everything they've taken from me because it's mine. >> i'm concerned they may have planted something. at this point who knows. >> she of course is one of his attorneys, elena in this. you go through each of those. any of them add up? >> they just evaporate under scrutiny. we do try to place them on their strongest ground. there is a lot that is inconsistent. if you take them one by one and say if this is the allegation, here's what the law says, here's a bunch of competing facts that dispute their defense and it falls apart. we try to do the most serious analysis giving them the most favorable light and it doesn't work. >> you don't even say they've contradicted themselves. give each one 100% the input and it doesn't add up. okay. so where do you come out on how many charges should by this

analysis be put forth. if those charges come to fruition, right, and are proven, what would be the impact on him? >> so i think the lead charge would be under the espionage act. it applies hand in glove to the activities. there are other charges. there's another charge that has not been talked about as much which is theft of government property and the justice department has in fact charged people for that for classified documents. there would be a second one. a third one would be about obstruction. seems to be a strong case of obstruction. the interesting part is even with very senior officials and lower down officials, they seem to charge. there's also another story to this. they get light sentences if they

plead. i don't see donald trump doing that. >> in a normal person this would mean prison time? >> absolutely. >> ryan goodman, thank you very much. this is the model prosecution document on their blog. you can take a look at this analysis in all of its detail. thanks as always. good to see you. new video of the moment russian cruz missiles appear to be shot down over kyiv as putin bombards them with more and more missiles. the idaho manhunt. they're looking for a suspect, murder weapon and a motive. they don't have any of that. days after four students were brutally stabbed to death.

science proves your best sleep is vital to your mental, emotional, and physical health. and we know 80% of couples sleep too hot or too cold. introducing the new sleep number climate360 smart bed. the only smart bed in the world that actively cools, warms and effortlessly responds to both of you. our smart sleepers get 28 minutes more restful sleep per night. proven quality sleep. only from sleep number. hold on... you're a night manager and mom. and the bill payer, baker, and nightlight maker? that's a lot. so, adding “and student” might feel daunting. but what if a school could be there for all of you? career, family, finances and mental health. -happy birthday. -happy birthday buddy.

well, it can. national university. supporting the whole you. i'm a coastal lodge. i might sound fancy but i'm pretty down to earth. no flashy lights or big city noise here. i'm looking for someone who enjoys the soothing sounds of the ocean and taking in the view. i may have a rocky exterior but i've got soft pillows and breakfast on the house. so, if you're looking for a warm place to stay, toss another log on the fire. the hiring process used to be the death of me. but with upwork... with upwork the hiring process is fast and flexible.

behold... all that talent! ♪ this is how we work now ♪

tonight an onslaught of missiles, dozens of them raining down on ukraine leaving nearly half of ukrainians with no power in the cold and dark. each missile delivering destruction and death. just look at this to accepts their dark power. this appears to be the moment two cruz missiles was shot down

over kyiv. watch this for yourself. we can't verify the authenticity of this. >> heard an explosion. >> this is it. this is it. >> hell. >> did it explode? >> yes, it's an explosion. >> a missile? >> yes. >> [ bleep ]. [ bleep ]. >> can't see them shooting them down. >> we can't even see what's shooting them down. >> they are really good at ambush. >> you see that second missile, that speed with which it moves. shot down by ukrainian air defense. this is what happened when a missile hit pole lapped. ukrainian president zelenskyy

says he wants to know what happened. cnn has learned that biden's national security adviser jake sullivan called zelenskyy's office to tell him to tread more carefully. earlier this morning as president biden returned from bali he had this to say about zelenskyy's original claims. >> what's your reaction to president zelenskyy saying that the missiles that landed in poil land were not ukrainian? >> that's not the evidence. >> that's not the evidence. very clear. it all comes at a tense moment for the united states. the u.s. is running low on high end weapons ammunition systems that ukraine needs and wants. it's according to three u.s. officials with direct knowledge. stockpiles are dwindling. it could put america's own readiness at risk.

fred pleitgen is "out front" in moscow with the very latest on the ground there. >> reporter: russia continuing to hit ukraine's towns and energy infrastructure once again firing dozens of rockets and missiles leaving millions without power or heat as winter has clearly arrived. and the kremlin making clear its ariel blitz won't stop. the special military operation continues, the kremlin spokesman says, and its continuation does not depend on climatic locations. moscow is trying to freeze ukraine into submission. they're calling the general in charge of the war to step up the attacks on the energy sector. >> translator: i appeal to army general, a hero of russia. i ask you to complete the destruction of the energy

infrastructure of ukraine. >> reporter: the russians accuse ukraine of trying to orchestrate a provocation after nato governments say a missile that landed in poland was probably fired from ukrainian territory even as the u.s. and its allies say russia bears the ultimate responsibility. moscow is buckling under sanctions. the country is officially in recession. while president vladimir putin called on russian companies to help veterans and pensioners, even on state media a member with a reality check. >> translator: what will we drive? we have nothing to drive. are we going to drive rail cars? we need to acknowledge that. let's nationalize everything. what will we drive? how will we make phone calls? what will we do? >> reporter: in many areas that russia has illegally annexed, the issues are more.

many residents are squatting in the ruins and struggling to get by. >> translator: what have i turned into? i'm a bag lady. i don't like myself anymore because of how i looked. i never looked like this. >> reporter: hope is hard to come by for the folks here as the toughest winter months still lie ahead. >> reporter: erin, it's already extremely cold in parts of ukraine and eastern europe. one of the other things the russians have said is they claim the strikes they are currently conducting are high precision. they took out infrastructure. the ukrainians are saying a lot of civilians have been killed and injured. >> fred pleitgen. thank you very much. "out front" now the retired army general james spider marks. i want to start with you with the reporting. i hope this stuck with people. we're reporting the u.s. is running low on advanced weapons

and ammunition systems, systems ukraine wants. u.s. has been supplying some of them. we understand now from u.s. officials the supplies are dwindling. no surprise the department of defense when they heard this, readiness won't be impacted. this is pretty jarring. what is the risk here? >> well, there's a significant risk, erin. when you look at it, the supplies that the united states has is based on a number of calculations, you know, how many theater engagements can they afford, et cetera. this popped up. this was not one of them and suddenly this became the most important thing we were doing. the stockpiles came down. we're not surprised. in fact, just recently there was a plus up, a funding plus up to make sure we had the high mar, the high mobility artillery rocket system. we had to increase the amount of

ammunition. the supplies are necessarily going to decrease. this is an inevitability. the problem that comes is you look across all the nato nations. they are increasing their support. they have a challenge. nato requirements and they have a decrease in supplies. across the board everybody is feeling the pain. >> obviously, it's deeply concerning. we are hearing from ukrainian military sources, they're saying putin is increasing the number of cruz missile carriers in the black sea to three. they have iranian supply coming online. that would be, you know, really tripling their launch capacity for the black sea. what does this mean for the war? >> well, significantly when i look at this, i look at the black sea and the black sea is simply a bathtub. there is no place to hide in the black sea and there's only one exit and only one entrance.

so what russia does there, what the united states does there and frankly that's why the united states currently doesn't have a large presence in the black sea, our u.s. navy doesn't like going in there for that one reason, why russia is increasing its he presence is beyond my mind. they can launch cruz missiles from the dnc. i don't understand. ukrainians have had a pretty good track record going after those present in the black sea. >> right. thank you so much, general. as always, i appreciate you. >> thanks. next, we have new video of two idaho students in the hours before they and two other students were stabbed to death. the killer is still at large and

a federal judge ending a policy allowing the government to expel more than 1 million migrants who cross the southern border. are we about to see another massive influx? we're live along the border tonight. [ coughing/sneezing ] dude, you coming? alka-seltzer plus powermax gels with more concentrated power. because the only thing dripping should be your style!

plop plop fizz fizz with alka-seltzer plus. also try for fast sinus and pain relief! from holiday hills, illinois to rudolph, wisconsin. from santa claus, indiana to snowflake, arizona. from garland, texas to north pole, new york and everywhere in between. we're holiday ready with fast and reliable delivery,

serving every address in america. the united states postal service.

tonight the coroner just releasing new details about the killings of four students near

the university of idaho. the manner of death listed in the coroner's report is stabbing for all four victims. they say the suspect is on the loose. they say this is a targeted attack. lucy cavanaugh is "out front." >> we do not have a suspect at this time and that individual is still out there. we cannot say that there's no threat to the community. >> reporter: tonight with a suspect still on the loose, fear, grief, growing questions about the brutal murder of four young university of idaho students. >> the reality is there's still a person out there who committed four horrible, horrible crimes. >> reporter: as police walk back earlier assurances that the community is safe. >> the four were stabbed with a knife but no weapon has been located at this time. there was no sign of forced entry into the residence. >> 21-year-old kaylee goncalves,

xana kerr nood you will and madison mogen. >> they arrived home sometime after 1:45. >> reporter: this video showing madison and kaylee shortly before they were killed. the pair ordering pasta from a food truck chatting while they wait for their order, the manager telling cnn they did not seem distressed or in danger. what happened after remains a mystery. all four were killed in the early hours on sunday. the 911 call didn't come until noon. >> the investigators are trying to understand why there was a delay and what actually occurred, what was heard. that's a question that's still out there. >> reporter: two other roommates were home at the time of the crime. police not referring to them as suspects but not ruling them out. >> we're not just focusing on

them, we're focusing on everybody that may be coming and going from that residence. >> reporter: they may be operating on a theory that the perpetrator is known to at least one person in the house. maybe somebody they -- who came home with them to party moore after the night they had out. >> reporter: on campus students express shock and disbelief. >> we're 1100 feet away. how close was this person? are they still around? it's so scary. >> everybody just kind of went back home because they're scared. >> reporter: families and friends who should have been planning thanksgiving dinner now making funeral arrangements grieving the loss of loved ones. >> it was a privilege to know such kindness. they were both amazing individuals. they had the most warm, amazing hearts. >> reporter: the autopsies performed on all four students show they were all stabbed. their deaths ruled homicides. a memo went out that did not

share the autopsy details. the president of the university of idaho, erin, encouraging all students to do, quote, what is right for themselves. the community to take time off to process these horrific killings. >> lucy, thank you very much. let's go to charles ramsey, the former philadelphia police commissioner, washington d.c. police chief. chief ramsey, this is horrific, gru gruesome, bizarre. lucy laying this out here. we're learning there were two additional roommates that were there when the killings happened. they were not injured. they were not held hostage nor did authorities find out anything happened until many hours after this such that it had occurred. what happened here? >> there are an awful lot of

unanswered questions. it's possible for the other two people to be in a remote part of the house. couldn't hear something. where were the bodies found? on the first floor, altogether, separate? there are a lot of unanswered questions here. i'm sure right now the investigators are going through social media of all four victims to try to find out whether or not there's anything there that could give them a clue. it is possible since they were out partying someone did come home with them. maybe the first two came in, they had a third party, the other two couldville walked in on what was going on. it's strange saying this is targeted. what is it that makes them say it's targeted? they said that early on. >> they did. that's my question to you. they said it pretty much right away when we first heard about this. at this time they're sayings

it's an isolated incident, no threat to the public. they're still on the targeted and telling people to be vigilant and be aware of their surroundings. what do you think is happening here? >> well, it contradicts it in a way i think because they don't have anyone in custody. remember now, this could be more than one person who's involved in this murder or murders. they don't know or we don't know at this time. because they don't have anybody in custody they'll err on the side of caution because apparently they've kind of run into a dead end unfortunately. >> it's just so jarring when you see the food truck video and they clearly seemed to be -- they're just hanging out getting their pasta. just no signs of anything and then this unbelievable event. chief ramsey, i appreciate your time. thank you so much.

>> thank you. all right. next, waves of migrants already streaming into the united states along the mexican border because a judge is now, again, ending a trump-era policy that legally had allowed america to turn them away. they were turned away for a bit, this had slowed down and now flood gates appear to be happening again. a touching tribute to nancy pelosi as she steps away from two decades of democratic leadership. and guaranteeded incomee h so you can enjoy the life you've created. that's the plalanning effect. from fidelity. a must in your medicine cabinet! less sick days! cold coming on? zicam is the number one cold shortening brand! highly recommend it! zifans love zim's unique zinc formula. it shortens colds! zicam.zinc that co!

♪ ♪ this... is a glimpse into the no-too-distant future of lincoln. ♪ ♪ it's what sanctuary could look like... feel like... sound like... even smell like. more on that soon. ♪ ♪ the best part? the prequel is pretty sweet too. ♪ ♪ ♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge.

that's why i use the freestyle libre 2 system. with a painless, one-second scan, i know my glucose numbers without fingersticks. now, i'm managing my diabetes better, and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know. try it for free at freestylelibre.us my asthma felt anything but normal. ♪ ♪ it was time for a nunormal with nucala.

nucala is a once-monthly add-on treatment for severe eosinophilic asthma that can mean less oral steroids. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your asthma specialist about a nunormal with nucala.

tonight, bracing for a border surge. migrants lining up to enter the u.s. after a federal judge struck down a policy, okay, and this policy is what had allowed the u.s. government to expel more than a million migrants. the policy is called title 42. it was a trump era rule that the biden administration has also been using to keep migrants out. it's resulted in a notable decrease in migrant crossings in recent months, but now rescinded again. david culture is in ciudad juarez on the mexican side of the border. david, now this rule has changed again by the administration, has sent mixed messages. they originally wanted title 42 overturned. then when there was this massive influx, they used it to keep

migrants out of the u.s. so the federal judge is saying, well, the u.s. has until december 21st technically before it goes away again. what are you seeing, though, now, in terms of a surge of migrants where you are? >> just total confusion here by most of the migrants who are really trying to figure out how to interpret this change. as you pointed out, erin, there has been a lot of back and forth. and on the ground, they're thinking oh, perhaps this means that now we can go in without any recourse, and we can actually make it through. that is not the case. as we pointed out, this stay is keeping this in place for another four or five weeks. what we saw initially was a surge. you can see now there is still a steady stream. just in the past couple of minutes, two people passing over. but to give you some perspective, this is a camp that has at its peak, roughly 3,000 people. now we know in the past 48 hours or so, 2,000 went across. and this is just one small

section along the border. >> wow. >> so there clearly was a desire and a hope for a lot of the folks who are waiting here to think yeah, the gates are open, we can go. and yet there is also so much humanity that you find here. i came across a young family, two little kids and spoke to little 9-year-old who she expressed to us the journey she had been on. been through seven country, remembered well each and every one geographically that she had gone through. and she shared with us what is her hope. s what flag is this? >> venezuela. >> reporter: this? >> estand dose unidos. you want to go to the u.s.? [ speaking spanish ] you want the go to new york to go to school. when she's big, she wants to be a doctor.

as we pointed out, people are going over. what happens once they get there depends on the person. it's very much a case by case scenario, and it's so arbitrary. that's the frustration. you have some people who are able to get through, and we know that because their friends and relatives here are in touch with them. and you have some folks deported out. the frustration, they're not all brought back to where they started. some are pushed out to places much farther from here, and it's almost if you think of it as a video game as one person described it. and it's restarting from the start. and yet this is not a game. it's life. it's real life, erin. >> david, thank you very much. he is going to be continuing to bring us report there from the border. you see where david is standing, you look across to the u.s. as he is watching people cross. pretty incredible. thank you so much. next, from one strong woman to another, a powerful tribute tonight to speaker nancy pelosi from former congresswoman gabby giffords. and we know 80% of couples slsleep too hot or too cold.

introducing the e new sleep number climate360 smart bed. the only smart bed in the world that actively cools, warms and effortlessly responds to both of you. our smart sleepers get 28 minutes more restful sleep per night. proven quality sleep. only from sleep number. harvey denies any allegation of assault. but he is aware of complaints about his treatment of women and he is working on that. we have decades of accusations of harasent, assault. weinstein, knows what we're doing. every call you make is being recorded. this is bigger than weinstein. this is about the system, protecting abusers. this is all going to come out. vo: it's a new day. because covid vaccines just got a big update. just in time for everyone who works.

with other people. just in time for... ...more togetherness. just in time to say “oh, you bet we'll be there!” because the updated vaccines can now protect against both the original covid virus and omicron. and that's a moment... we've all been waiting for. i was born here, i'm from here, and i'm never leaving here. i'm a new york hotel. yeah, i'm tall. 563 feet and 2 inches. i'm on top of the world. i'm looking for someone who likes to be in the middle of it all, but also likes some peace and quiet. you hungry? i know a place, and few others nearby. it's the city that never sleeps, but hey, if you need the rest, i've got you covered. does your antiperspirant keep you dry all day? we've put dove men dry spray to the test... with nelson, a volunteer who puts care into everything he does.

it's a deodorant that really protects my skin. it's comfortable and lasts a long time. dove men. goes on dry. clean feel all day.

among the many wishing house speaker nancy pelosi well as she steps away from leadership roles is gabby giffords. the former congresswoman writing speaker pelosi, you were there for me after i was shot. you've been there for our country in perilous times. as a friend and as a leader, you have answered the call. thank you for your service. strong women get things done. almost 12 years ago, giffords was shot in the head while meeting with constituents at a grocery store. the new cnn film "gabby giffords won't back down" shows her life now. here is preview. >> all right, ready? >> joining us now is representative gabriel giffords. >> if an idea is a good idea, it's a good idea. >> congresswoman giffords was the target of the mass shooting. >> she is beginning several months of rehab. >> give me two fingers. give me five.

>> you are not allowed to quit on me. >> good news about congresswoman gabby giffords. she was discharged today. >> the words are there in my brain. i just can't get them out. >> she laughs at my jokes, even when they're bad. >> funny. funny, funny. >> reporter: gabby giffords making her way back to the capitol. >> too many children are dying. we must do something. >> nobody could have been more compelling than gabby was that day. >> "gabby giffords won't back down" sunday night at 9:00, only on cnn. >> we hope everyone will watch. thank you so much for joining us. "ac 360" starts now. good evening. at the end of one era in washington, and with our first hint of what the new one might

look le,he