congresswoman from georgia is saying about january 6th and how much worse it would've been if she had been in charge. somehow she is proud of that. it is deeper than just hateful compliments. that congresswoman is on the verge of being placed on important committees and having real power. >> plus, -- almost seven months after the horrific, tragic -- school shooting, the sheriff's department we learn had no active shooter policies when 19 children and two of their teachers are shot to death in their classrooms. how could they protect these kids if there was never a plan? >> okay. so we have a lot to talk about. let's bring in cnn's john berman, we also have with a senior -- charlie dent. great to have you. all so let's start with the updates, elie, in what is going on with our special counsel's investigation into all things donald trump. they want to interview brad

raffensperger, a secretary of state in georgia. that makes sense. he is a pivotal player. why hasn't the doj interviewed him. it has almost been two years. >> cancer your question with just the word a man? i asked the same question. why has it taken so long. this is a failure. it is not going to do in the case, but it is a unforced error by prosecutors. let me explain why. laura knows this. after the prosecutor we guard or witnesses jealously. if you get wind that you have someone who you think is an important witness and someone else is poking around, another agency or prosecutors off this, you shut him down and keep your prosecutor away. is because of greek? no. you don't want your witnesses exposed. let's look at brad raffensperger. we know he has testified in from the january six committee. there is a book on him literally. there is a trans pick full of his

testimony. what is going to happen if he becomes a doj witness? the defense lawyers are going to get all that material, they are entitled to it, they're going to pick him apart. oh you said it a little differently this time, let's follow up on this. so the more of a record there is on your witness, the more we vulnerable he is. so doj, they are talking to brad raffensperger now, almost two years out. great. but they are too late. it is frankly embarrassing that they were beaten to the punch by a congressional committee of all. things >> gives me pause as well in that point. because you think of the idea, he is also written a book. he has written it. so -- different from that, et cetera. but also you were talking about a special counsel having now been appointed. so i have to wonder, what were the other prosecutors doing up until this point in time. the idea of, maybe we are not privy to everything, i will give them the better fit of the doubt in many respects, however why now?

why are we just getting around to it a few days before this committee is going to be good night it? >> it is a good question. by the way this is not a one-off. cassidy hutchinson right? remember when she testified? she blew the roof off and turned out the reporting from new york times at the time was doj was totally caught by surprise. because they are moving too slow. because they spent a year in change, doj. look they had to do these 800, 900 prosecutions of the people who stormed the capitol. no doubt. the problem was during that time, they focused exclusively on those people and not on the key witnesses. now they are getting there now, they have been much more aggressive the last 4 to 6 months. which is good, but there is a cost for being slow. >> but to be fair on this point, the committee was not forthcoming always with information right? you are rolling your eyes but they also were having to fight over who would give what information when, but the committee, their role is not prosecutorial. their role is to have oversight and try to correct some short comings -- do you see the idea of the committee moving slowly, we don't have reports? still >> the bad raffensperger thing

you, don't need the committee. the only people who knew about -- -- exclusively to think if he broke the law. the other thing is they did talk to the white house lawyers right? that is huge. so as we are does this, is as weird and late as this all seems, the fact that they broke down that wall and we're talking to white house lawyers and broke through that privilege claim, that is a big deal. >> i want to bring you in and talk about something that congresswoman marjorie taylor greene said this weekend. she is quite, she said it quite proudly, that if it had been up to her, if she and steve bannon had planned january 6th she said, it would have been worse and they all would've been armed. first of all, let me give you the quote, not to mention it would have been armed. it was armed first of all. would've been worse? more than 140 police officers would have been badly injured? she is proud of this. and the point of

this is not that she says ludicrous things because we have all i guess become accustomed to her saying ludicrous things, the point is she is about to have real power. >> well yeah, i guess nobody should be particularly surprised by this comment given she is the one who gave us the jewish space laser comment. she was a qanon person who actually doubted that now null in 11 happened so i guess we shouldn't be surprised that she made these comments about january 6th. she you know, she is obviously very reckless and incendiary in her statements. this is nothing new. that has not changed. i've been saying since the day she was first nominated, to the congress down in georgia that she should have been denied admission into the republican congress. >> -- oversight charlie, she is about -- to >> they should never have put her on a committee. they were white to strip her. it is too bad it took the democrats to kick her off the committees. they should not readmit her to any committees. ever. she

should be ostracized. that is how you deal with people, you marginalize some of these radical -- rather than normalize, and they brought her into the tent while at the same time marginalizing people that say, like lindsey cheney and -- persona non grata, but have been brought in. here's one more reason why they should be marginalized and marginalizing marjorie taylor greene. this is just the lace example, a horrible comment. she says it is facetious or sarcastic. i saw the clip. it didn't seem that sarcastic to me. i think she meant it to be honest with you. -- it is horrible. >> let me ask -- excuse me charlie, let me ask. i think we all agree with the idea, i think sarcasm is a cop out, i don't think a source cast itchy intended to make the statement she did. but what do you say charlie, to the retort that look hold on, you want to marginalize her but after she is done all of these things,

say what happened over the weekend, she was reelected in her district. the people of her district wanted her there. does that change the -- in terms of how a potential speaker like mccarthy or otherwise could actually operate, knowing that they want her here? she is not ending her term, she has been reinvigorated by reelection. >> well, kevin mccarthy dealt effectively with steve king, who made racially insensitive or incendiary comments. marginalized him. they threw him off the ad committee, they basically weakened him badly and allowed primary opponent to come in and take him out in the primary. they couldn't beat steve king in the general election but they beat him in the primary by weakening him. that is how you do that. you marginalize her, then you go recruit a primary opponent and you take or out in the primary. that is the way you do this. it is a -- republican district, i doubt the democrats could ever be her in that city. it is the one of the most republican districts in the country. that is how you do it. you have to

marginalized her, make it harder for her to raise money by bringing her into the tent. they almost normalize her. she has been able to monetize her notoriety and she has raised piles of money. that is part of the problem. they draw her in and she is -- almost legitimate demised in many ways and sadly this in, this crazy political environment -- make a lot of money on crazy stuff. >> well, and i think to her point, it is about to get worse john berman listen to what she said on -- last month on what should we should all prepare for. >> i'm going to be on the oversight committee, we are going to do investigations into that little laptop hunter biden has. so you guys can buckle up, get ready and we are going for a ride because that is happening in january. >> look at the date that was. november 18th. that is around the time, i think a few days after kevin mccarthy had his first vote to become the at least, thought to be the speaker. the idea that she is saying i am going to be on the oversight committee, i'm

wondering why she has the indication and to be that confident, to have the next statement she has made. >> she is a feature, not a bug. of a big part of where the energy is in the republican party. not all of it, but a big part of the party, she represents, she just does. in this event, she said this stuff about january 6th it was like, new york republicans. she has brought in as the celebrity speaker around the country right now, i defer a republican events in the northeastern state of new york. she >> gets tears when she says i'm going to tell you, if i had organized it we would've won. one what on january 6th? wanted totalitarian government? i mean, what was winning.? >> i thought that is a great point. listen to exactly which he says there and how she says it. the saying that she was sarcastic just joking, i agree with you. you agree with what she was saying there, it didn't sound like a joke. however, that method is a frequent method used by extremists. nick fuentes by the way, often jokes. he jokes about awful things he is saying about jews. he says he is just joking or --

it is what you do, so you have this, i think part of it is illegal, about plausible deniability. he is just joking. it is interesting to watch or do this playbook. >> -- it is almost someone saying to, no offense but no whatever follows next, i am offended. we have a problem. >> look everyone. we have some news tonight on the school shooting in uvalde. and it is absolutely, it is shocking. it is shocking to think about. an independent review finds that there were no active shooter policies in place on the day a gunman killed 19 little children and two beloved teachers. cnn's report is next. a new report tonight, the uvalde this holiday season save big on all the gifts you need

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there's a simple test you can take—from anywhere. try to lay your hand flat against a surface. if you can't, you may have dupuytren's contracture. talk to a hand specialist about your options, including nonsurgical treatments. >> a new report tonight, the uvalde county sheriff's office didn't actually have an active shooter policy at the time that massacre that took the lives of 19 children and two adults. this >> is very hard to believe because school shootings have become tragically a part of our regular lives. our school kids never asked for this, but why on earth wouldn't administrator be prepared for it at this point. cnn's -- shimon -- has

been covering the story from the second it happen and the failed response to the shooting. shimon, how on earth in this day and age wouldn't you have a active shooter policy? >> right. it is a great question right? when you think about the fact that, as you say, this is something that kids, kids practice. kids are aware of it, something that kids have to go through. today we learned not only was there no active shooter policy with the uvalde county sheriff, but actually the shooter himself has not gone through active shooter training. it is something that is not required by law but it is certainly something that you would think, leaving law enforcement officials so they can make the right decisions when the time comes. we are learning all of this because of this report that was commissioned by the uvalde county officials. they wanted to look at the practices, not at what when wrong that day, this is not a report looking out where the failures were and who screwed up back on may 24th,

it was about the practices and the policies of the uvalde county sheriff. so that is where this report comes from. that is how we learned this information. today we spoke to the man who did this report, the expert, the police expert. take a listen to what he said. >> there was no active shooter policy. there were only definitions that did define what active shooters were and there were forces that dealt with critical incidences and how officers would respond to that but there was no active shooter policy. >> certainly, this took a lot of people by surprise.. it took family members by surprise. the fact that there was no policy. the deputies for the most part have gone through the training. there are several that have it, but obviously having this policy was something needed to do and based on the information we have been able to gather

they have made some changes and they now have this policy. >> shimon, speaking of the families that you have been intimately involved at the beginning, i cannot imagine the families hearing at this point, we are talking about, this took place months and months ago. how are we now just hearing about this? what are the family's reactions to the fact that there was no active shooter policy? >> right, time and time again it takes months. and it takes us chasing people around, or us forcing people ultimately, putting their walls, putting their backs up against the wall to get this information. this came as a result of this report. and certainly when family members heard this they were pretty shocked. they were expecting more information, because they want to know about the failures that day. but here that there was no policy in place, it certainly took them by surprise. they were upset. the problem is they do not trust what is going on in the community. they don't trust what officials are telling them. take a listen to one man,

he lost his daughter on that day. we talk to him afterwards. take a listen to what he said. >> i don't trust anybody at this point. i mean, we haven't gotten any information from any of them. our information has been coming from you guys. >> and that's really, he's right there. most of the information has been coming from reporters. -- we are doing a lot of reporting because so many of the officials have refused to answer the questions. for these family members, they're going to continue to fight to contain tin you to demand answers, they still need to have certain questions answered because there are still so many things that we don't know about that day. >> shimon, stay with us. john berman and elie honig are back, and chief law enforcement and intelligence analyst john miller joins the conversation. john, this is the horror of it, is unbelievable. it never gets easier to hear about this and -- the family members for those who lost their lives, it is

just so tragic. what is your reaction, the fact that there is no active shooter policy, just essentially a handful of definitions? because i wonder, isn't the policy to save lives? >> i think the more important thing is, if there are active shooter training's. if there is active shooter training, this is what you the copy supposed to do when you get there, that is more important than the policy. on the other hand, the policy affects those up the chain from that police officer, which is what should the command and control the? what should the charge be? shimon's reporting in the story has shown the sheriff, and ask any sheriff in the country, they will tell you they're the highest law enforcement official in the county, was at the inactive crime scene, where the earlier shooting had been, not at the school scene, had the information as to the identity to the shooter and other information. which he did not bring into the mix at the scene. nor did he go to the active

shooter scene and take command of it. so, in the incident command system, which is the bible for incident control, right, who was the incident commander? it's you. everybody knows that. and then when you take over, everybody knows that you have assumed command. and uvalde, everybody -- nobody was in charge. no one actually nick was running out. there is an assumption that the school police chief, who had a total police department of six officers, was in charge. which would have been unreasonable. and there are larger agencies there with more people. so, as we peel back the layers, we see more and more dysfunction in the kind of place that just probably believed it would never happen here. which is the kind of place it keeps happening. >> i mean, before you go, that point, though. you're talking about policy versus training. and people have to understand, the policy is the -- for the higher ups, or is that the instructions how to carry out the policies of the training, what is the distinction in terms of that?

>> and we know there was no training? i'm asking shimon. >> shimon just told us, the deputies went south through some kind of active trainer shooting. the state of texas has an active shooter policy. the state of texas has active shooter training standards. but i think the policy piece is where we keep getting stuck, because when everybody got their, the school police, the town police, the county sheriff, the detective of the texas department of public safety, why was there not a protocol where everybody knows this is how we know who's in command? and that is probably what a clear policy would have brought. >> john, you and i and shimon and all of us have covered more of the school shooting than we ever could count. >> we were on the same planed out of uvalde the day it happened. >> that's right, i forgot. that i've block some of this out because it was all -- that was a particularly -- look, they're all off will. but shimon has been there on and off since that day, on that plane. because of the incompetence and corruption here, that i've

never seen anything like. >> that's exactly the point i want to bring up. i think the most appalling words we heard from shimon right there where today we learned. this is seven months in. there should be no today we learned about what happened in uvalde. from the very beginning, there have been shifty responses, a try to choose my words carefully here. there's been the most opaque response to this that you can possibly imagine. and as reporters, obviously, we don't like it. but what about the families? they've just been, if not deceived, they've been stiff armed for seven months. and to learn seven months in that sheriff, you know, didn't have either a policy or the training or certainly didn't know what he was doing. we know he didn't know what he was doing there that day because we saw that happen. but the fact is that these facts are just coming out now. it really -- there's something going on there beyond the incompetence at this point. it's not just in confidence. it does feel like there's things that are being hidden or

trying to be withheld. >> for sure. and shimon's reporting is our exhibit a of that. he has, as you said, had to chase people around who ask them simple questions of the families want to know. >> this is why i think it's important to. and we talk to this in the past, ali, the idea that for a long time we are focused on the one person, sheriff arredondo. and the idea of thinking about this. >> the chief? >> yeah the, chief. and the idea had to be more people involved. more people got their ability to change something or be active. and i wonder, oftentimes in the cruelty of a tragedy like this, you are left wondering what recourse a family could have. you are left wondering selfishly as parents,, as human beings, you want this never to happen anywhere else. and this becomes a blueprint. and the law can become a vehicle to ensure a deterrent. is there recourse? >> there is not certainly going to be criminal charges here against these cops, unless they lied to investigators. that's where you could get into

it. there could well be civil suits. there's always this layer of immunity that protects police officers and a lot of what they do. i think there's a lot of really important bigger picture points. one, people think of the police, the cops, as some sort of man monolith. but as john just said. there are layers upon layers. it's a bureaucratic nightmare. there is your local police, state police, fbi, feds. and the problem is, and i experienced this firsthand, everyone has different policies different training. and then when they all converge on a crime scene like this, who's in charge, whose policies are we following? the other thing that really strikes miss about this is i'll just say candidly there's a sense of arrogance and entitlement that comes with law enforcement, goes with being a prosecutor and a koch. you are all powerful, and you get used to responding to immediate request with no comment, no comment, we don't talk about that, it secret, it's confidential, it's security and all that. but there comes a time, and has been changing over time, in a situation like this to be so

slow and to be so not forthcoming, as john said, just makes it so much worse. so, cops have to do better. and then to be more transparent. and sometimes you just have to own up. and even if it hurts in the beginning and be honest. because you only make it worse for yourself. but more importantly, for the whole families. >> just to take on that. we're looking at consequences. families will see, reparations will take a long time. but the school police chief was fired. the town police chief retired in lieu of what was coming, which is probably going to be fired. county sheriff is interesting, because that's a political office. he runs for election. so, this is a problem that will address itself. which is when the election time comes up, people will say whether or not he performed to their satisfaction or not. and the people will speak on that more definitively now than the government might. >> shimon, you're the expert, obviously, on all things uvalde. do you have a sense of why there's been so much stonewalling and why you've had to chase people around four

months? >> so, i think one of the things that i found, certainly our team here in doing all of this reporting and gathering so much of the information is that there was a very early on indications that it was just best to point fingers at one person. and that was the school police chief, arredondo. and it is easier to say, you know what, he was in charge, and the head of the dps sort of made. that he came out and said he was in charge of the scene. but as we start looking at more and more informations becoming more and more clear that there are more people, more senior level people who are in charge. and there are some, like the mayor of uvalde, we think there is the cover-up here, because people are embarrassed. some of the leaders of the department of public safety, this prestigious law enforcement agency, the top law enforcement agency here in texas, that had 91 of their deputies and officers on scene, the fact that they could not get control of the situation, so they were quick to put all

the blame on the school police chief. and now they are embarrassed. some fields that. some feel that officers and leading law enforcement officials who don't want to accept the blame, it's just easier to point fingers at others for the mistakes that happened that day. and so, no one wants to take ownership, no one wants to stand up and say i screwed up. you know, we screwed up. here's where we screwed up. and the overarching thing in all of, this most interesting, is the uvalde district attorney. we try to ask your questions today. she just look at us and walk away. she would not say anything. family members are frustrated. i've never seen a case where so many victims have been frustrated by the district attorney. i mean, i have yet to find one family member who is satisfied with the job she is doing. and more on that is going to come. but that's another problem in this entire investigation. she is preventing officials from releasing any information. she has threatened them, she is

said that she's going to potentially file charges against them if they were to release information. the mayor is having to sue her to get information. so, you do. you really need to wonder what exactly is going on here. and i don't know. is going to take several more months probably before officials, someone comes before a podium, and finally tells the community and these families exactly went wrong here. >> shimon, you are doing incredible work. and people would not know about all of this if you hadn't stayed there and been so tenacious. thank you very much for talking all about this. coming up, there is more turmoil at twitter and more backlash against elon musk. and, now the billionaire is going after doctor anthony fauci. and there's more qanon tropes. there's a lot of discussed. next.

>> billionaire elon musk awaiting deeper into the culture wars this weekend, taking to twitter to echo qanon talking. points >> even as twitter relaunch as their twitter blue plans, news of more upheaval in the company. twitter announcing an email to employees that they are disbanding their trust and safety counsel. >> what can go wrong? >> it could possibly go wrong? >> the move comes the week after three members of the council actually resigned, calling musk out and saying the safety and well-being of twitters users is on the decline. we're back now with john berman, also cnn media analyst sara fischer, and charlie dent is back with us as well. i mean, it's pretty stunning first of all on that point, sarah, acted think about that council being disbanded. a pretty important function you

think they'd have to have. >> yes, elon musk says he's going to have its own content moderation council, but where is it? he said he'll be making all these content moderation changes after he appointed a council, basically to replace the existing one. but he's nowhere near doing that. . this council versus muscle to help guide twitter, not making decisions like how do you deal with a hate speech, how do you deal with things like child pornography. really serious issues, not meant to suede twitter one way or another, just offer helpful guidance. the fact he is disbanding is a troubling move. >> they hate speech is on it, markedly. >> outside, counsel so these are experts in civil rights groups, people who work in advertising, who can help twitter. oftentimes, they work with other platforms like meta and snapchat. they're bringing in expertise from social media writ large to help make twitter policies better. >> john, here's what elon musk tweeted this weekend. my pronouns are prosecute fauci. so cheeky. but also strange, because does

he not realize that dr. fauci isn't a governor -- basically, what he's talking about is he didn't like the shutdowns of the country. dr. fauci didn't make policy. he was a medical expert, a doctor. so, i think elon musk's anger and higher is misdirected. maybe he doesn't even know that dr. fauci didn't shut down different states. >> he predicted the pandemic could be over in april 2020, didn't he at one point? david -- wrote a book with a great title once that was everyone is entitled to my opinion, right. >> [laughter] >> i think elon musk falls into that category of everyone is entitled to my opinion. that his views are so exalted an important, that everyone's deserve to hear them. what makes them different that a lot of, i think, these corporate titans who are fully themselves, is the dude bought a media company. he bought a media company where he can amplify his views,

however valid are not valid, informed or ill informed they might be. it's reminiscent, and these are very different cases, but henry forward but the dearborn independent, bought his local newspaper so we had an outlet to spout his antisemitic views in the 19 twenties. that he was a corporate titan that convinced he was right about something. i don't get the message out? they all buy newspapers. elon musk has now bought this platform and can do whatever he wants with it and if he is showing the world he will do whatever you want with it. >> i also think, though and charlie, somebody who is a provocateur in some respects as well. i'm not diminishing any other comments or in any way excusing them. but he's attempting, i believe, to try to get the attention, try to get it away from the bad press he's gotten on a lot of different notions. in fact, there is consequences to what he's done. you had a twitter former head of trust and safety having to flee his home because of escalating threats because of things he's actually set. there are real consequences as well.

but is this something that can be course corrected by anyone other than elon musk and his own prerogative? >> well, if he's trying to change the subject and course correct, this is not the way to do it, attacking an 80 sum year old man, who frankly is a hero within the public health community giving his record. i had the wonder opportunity to work with a man during the zeke across the. this man,, fauci has a great reputation. as is pointed, out he did not shut the government down. he was asked to deal with it. did he make mistakes, the to make some mistakes along the way with shifting guidance? of course they did. but this is so misdirected. and a battle with fauci, i think fauci is going to win. but as john and others have pointed out, he has a platform. and elon musk is going to discover real fast that he's going to have to engage in content moderation, just as any other platform does. a newspaper, they choose which letters to the editor to publish and not to publish. they're always moderating content. musk is going to have to do the

same thing, whether he likes it or not. taking on fauci is a loser for him, a loser for republicans if they go after him in the hearings coming up in 2023. >> sara, real quick from your perspective, is there a way he could be accountable? who does he answer now at twitter? >> the users. and if the users aren't liking it, he will double down. and the challenge is the engagement with twitter has actually gone up. because it's one of those things that even though elon musk uses the platform to spew his beliefs, people cannot get enough of watching the train crash. >> but when you say engagement has gone up more, people have become twitter members? >> more users, more engagement with tweets. i think part of this new world is everyone feels they can engage with it more, whether you're on one side or the other. i don't necessarily think elon musk is doing everything right. but he's definitely making twitter a hotter platform that was before in terms of making it more popular. and of the, day that's what he cares about. this is a business. >> that's fascinating. >> business for hate as well.

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>> so there's a good chance that many of us were traveling for the holidays. at the nation's busiest airports, they will have our faces scant. why? because tsa is expanding its facial recognition pilot program. >> they say the goal is to match a passengers faced with a photo i.d. at security checkpoints. why can't i match it right here? why can't they look at you and match? it >> all out for you, a luxury. >> thank you. anyways, the program is still in the testing phase. but it's already getting a lot of pushback.

cnn transportation correspondent pete muntean explains. >> it's the new technology facing travelers as they fly for the holidays. the transportation security administration is now scanning your face at select airport checkpoints. all part of a growing test with passengers as the subjects. >> i think it's a great idea. absolutely take forward. >> we're always using it for our phone consistently. just about everybody is doing. >> the tsa started the small pilot program at the peak of the pandemic. but now the agency's trial is expanding to more than a dozen different airports. the latest additions are among the nation's busiest, denver, las vegas, dallas fort worth, and atlanta. tsa administrator david pekoske says the goal is evaluating the efficiency of this technology before committing to a nationwide rollout. >> we're assessing all the technology works, and we're assessing its accuracy, reassessing its impact on

passengers. >> here's how this works. walk up the machine, put your i.d. in the reader, and that photo is matched with what the camera sees alive. >> the response has been universally very positive. more effective, speedier, more convenient for passengers. >> quite frankly, it's not doing anything to help the public. >> the urgent need for greater transparency -- >> albert foxconn of the nonprofit security technology oversight project says this could be the largest federal use of facial data ever. >> this technology is going to screw it up. and people are going to end up being detained by tsa. they're going to be faced with even more surveillance and more invasion to their privacy. just because an algorithm gets it wrong. >> the algorithm actually has so far proven in our assessment to get it right more than the human gets it right. >> the tsa insists it is committed to passenger privacy, immediately destroying most images and securing data from cyberattacks.

science in security lines show you when you are about to be part of this test. you can even opt out and have an agent can form your i.d. manually. >> i prefer a person right now. >> there has to be some kind of parameter in terms of privacy. >> i don't think tsa has made the case that this is the system that is a best use of resources to protect the american public. >> more than 20 state and local governments have implemented some sort of restriction on using facial recognition technology. the tsa says that will not impact its pilot program as it looks towards a in your face approach to safety. >> what i hope in the long run is that we're able to have it more and more advanced technology in our screening process. >> the tsa is also experimenting with taking this a step further, comparing the live image of you at a checkpoint with a photo of you already in a government database, like a passport photo or visa. that test is taking place right now, but only on a limited scale at the detroit and

atlanta airports. the idea is never having to even show your i.d. at an airport. critics point out the biometrics industry is part of a powerful, multi billion dollar tech lobby. and this technology is only now starting to take off, laura, alisyn? >> i heard that. thank you very much. back with us now john berman, elie the honig, and john miller. elie, i don't know if i'm supposed to love this or hate this. which one? >> it depends to what extent you trust on technology in the surveillance state. >> are we being surveilled at all points anyways? >> that's a great point, and especially at the airport. not to get overly legal about this. you have privacy rights, but when you go into a airport you surrender a lot of them. you take your shoes off, they have to scan, you go in the full body scanner your older arms up. i think the argument you'll get from the government is just in another example that. but one thing is important, it's sort of saves it from the biggest concerns, that you can opt out according to this plan.

you could say i want the old-fashioned way, look at my license, look at the face, and make my determination. >> but then i wonder if you are considered suspicious, john? >> what if they get it wrong and it pings for some reason, and the recognition software says you need to be detained for different reasons, different rights come in, if someone says, no, look at my face only and here's my i.d. card, i'm not raise an eyebrow to that. >> well, in the task you can opt out altogether and say i'm not passing by this thing. i'm going to do it the way that we do it today, which is somebody looks at it and they look at you. very low tech, as the tsa guy pointed out, the machine makes less mistakes in the human. because the human says well, it's a different haircut, now he has a mustache. the machine is doing precise measurements. i would say the questions that we have to tackle here are going to be the pictures, okay. what's the retention? is it a year? is it till you next flight? if you don't fly for five years, does it go away? the second question is who is it shared with? do other government agencies

have the ability to access this? do you know what those agencies are? for instance, in the nypd, we have all kinds of facial recognition tools, we have a crime in progress, we have a good picture, we run that against what? we run it against mugshots of people who are already in our files. but not against the state dmv drivers licenses. you already have to be somebody you know to get compared. those kinds of parameters are what the privacy experts should be focusing on. because right now, we give our facial recognition to our apple iphone when we do opt in. we give it to tsa for tsa clear, because we want to go through the line faster. we give it away to a lot of places. we just need to know what are the rules here about these pictures before we make a decision. >> look, i never. age >> [laughter]. >> i got a lot of work done. >> you have a picture up in the attic, and there was some deal made. >> do you think the machine can tell you're stressed and angry, like when you're going through the airport? like danger, the alarms go off.

>> maybe that's just arresting face. >> resting whiteface? >> just resting face. resting regular face. >> all right, thank you all very much. it was an interception that added insult to injury. when the game is over, there is nothing that is going to stop 49ers linebacker drake green of going up to tom brady. we're going to tell you what happens next, and john berman's reaction to this. >> he cried. >> but [laughter]. powerful relief so you can restore and recover. theraflu hot beats cold.

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for real, listen. it's an honor for us, man. this game. it's been a great honor. [inaudible] >> back with us, our resident tom brady groupie, john berman. >> [laughter]. >> john, does this make you only love tom brady more. >> -- carol site, i have to say. >> when somebody say i had what -- >> one of the most underhanded compliments. hey, this is the ball i intercepted that you through. will you sign? it >> with a defensive player, it was super genuine what he was doing. and brady was awfully nice to sort of play along with it. but there is an aspect to it that i thought was rubbing salt. >> and the other guy was like you are the man, you are the g.o.a.t.. they really did love him. but i heard that too since i was two. >> they didn't say sorry we just beat you, sir. they didn't say that aspect of it. >> that was the subtext though. it was literally the ball he

picked off from tom brady there. >> what are you going to have tom brady sign when you meet him? >> you know, my chest, isn't that what you do? >> [laughter]. >> i've been to rock concerts, isn't that's what it's done? >> yeah, that's right. >> not even a moment, where he skipped a beat. >> he's been planning. this >> wow, it's going to be right next to the tattoo. >> he doesn't decide anything, just color it in. >> oh wow, i think i need to leave. i love it, it's wonderful. but guess what, a dangerous winter storm sent across the entire nation, and it could bring blizzards and tornadoes and flooding all at once. a live weather report is next. i know there's conflicting information about dupuytren's contracture. i thought i couldn't get treatment yet?

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