today president biden will take on the omicron surge in a national address as the new variant overtakes delta with 73% new infections this as tense of millions are traveling about the nation for christmas, which is just four days away. with days before santa's arrival, why are so many present still sitting on warehouse shelves. the race to deliver. the state of california is suing walmart over allegations the retail giant illegally disposed of hazardous waste.

two juries began deliberation today in the shooting death of daunte wright. then ghislaine maxwell facing stiff jail time if convicted. and harry potter fans are getting ever more excited with the new sneak peek of the 20th anniversary teaser "early today" starts right now good tuesday morning, i'm phillip mena. >> i'm frances rivera. breaking this morning, the omicron variant has strengthened its position in the united states it is now the dominant variant of the coronavirus the agency says the highly infectious strain now represents 73% of all u.s. cases. just a week ago, delta made up 87% of cases to omicron's nearly 13% the rapid spread led the nhl to become the first sports league to pause its season according to "new york times", the league and player's union

agreed to delay five games and begin its holiday break early. games are set to resume monday december 27th. president biden is about to address the surge. the speech will include a stark warning to americans who choose not to get vaccinated. and the latest surge comes as millions of americans are set to hit the road an the skies. the tsa expects 30 million passengers between now and january 3rd. tsa says 59 million plan to travel 50 pliels or more arc 30% increase from last year. gabe gutierrez has more from new york gabe, good morning. >> reporter: frances, good morning. last week, omicron made up 3% of cases around the country now the cdc says it's up to 73% a. remarkable rise that helps explain these long testing lines behind me that stretch around the block.

new york state just announced another record number of cases for a fourth straight day a. covid-19 surge coast to coast. omicron the most dominant variant, testing lines and new retricks mounting. >> it's time for boston to follow the science >> boston announcing it will require proof of vaccination starting next month. d.c. is reinstating its mask mandate. at least six states have called in the national guard to ease the strain on hospitals. among them, maine and new hampshire, which hit records downtown los angeles cancelled the in-person in new york park new york wants to do the same for its bash in time's square. the mayor saying he'll make a decision before christmas. >> thank god based on everything we've seen so far, the cases are more mild than what we've experienced previously. >> reporter: broadway canceling more performances, more sports team weighing whether to postpone games and "snl" going without a live autopsy for most

of its cast. where is everybody >> omicron cases doubling every two-to-three days. ahead of the holidays, the testing lines are eerily familiar. >> it's frustrating to say the least. >> i'm going in the last one hour. >> reporter: still authorities insist because of vaccines, boosters, effective treatments >> in is not march of 2020 it's not even december of 2020 >> according to latest cdc data, among the unvaccinated there are 451 covid cases per 100,000. among those vaccinated, that number drops to 134. among those boosted still lower, 48 cases but here's the crucial part. among the unvaccinated, there are six deaths per 100,000 people among the vaccinated, that drops considerably, to 0.5 among those boost mid-0.1. >> we're seeing break through infections even in elderly

people, if they're booster, it's turning out to be really mild. >> reporter: moderna is out with its onida that which is not the peer review suggesting half the booster shots raises anti-body levels 37-fold >> the bottom line, can boosters stop omicron >> we're hoping it k. >> reporter: moderna's president says the company is also looking into developing another booster specific to omicron. >> the reason is this virus continues to surprise us as it evolves. >> reporter: but despite this latest covid surge, new york's governor vows not to close schools. frances. >> gabe, thank you president biden is fighting to keep his agenda on track after a fellow democrat derailed a key piece of legislation nbc news' garrett haake has the latest in the build back better ballot. >> reporter: president biden facing a dual nightmare before

christmas, a covid surge and domestic agenda derailed governor manchin says he won't past the social spending and climate bill. >> i want social reforms to the point that has responsibility and accountability. >> reporter: he says the bill spends too much too freely, including a family paid program he opposes and manchin faces activists during negotiations, including surrounding hess house vote and blocking his car backfired. >> i'm from west virginia, i'm not from where they're from, and they can just beat the living crap out of some people leaving them submissive. >> i think what senator manchin did yesterday represents such an egregious breach of the trust of the president. >> reporter: and the republicans celebrated >> we have seen christmas come early this year. shoutout to joe manchin for

doing the right thing. >> reporter: that blow to the president's agenda, a day before the covid surge, where he is expected to layout a dire warning to the unvaccinated and increased ac is es to testing. now with more americans dead of covid this year than in 2020, the president's covid response facing scrutiny, a few months after he touted big progress >> we are closer to ever to declaring our independence from a deadly virus. >> reporter: and we have learned that president biden and senator manchin spoke sunday night democrats up and down the chain of command here in washington are sayingthey will fight on with this bill philip, it's not exactly the clear what form that will take or what effort it will start in ernest with the senate and house out until early next year. >> thank you western kentucky is at a second week of recovery after the deadly september 10th tornadoes. fema says a victim can apply for help bowling green is now a recovery

center they need more exist cards, batteries and phone chargers and kentucky's first lady brittany we havesheer helped a toy driving, vowing gifts will go out to families in need today a utah college student missing since december 13th has been found alive in a basement. police found her after tracking her phone. according to court documents, she was forced to hide in a coal bin when authorities came to the house and was found covered in coal the suspect 39-year-old brent brown has been taken into police custody and charged on multiple counts, including aggravated kidnapping and rape. now to california, a 6.2 quake struck monday in northern california about 250 miles north of san francisco four days until christmas. let's get a check of your

weather, janessa webb. >> good morning, the air is along the coast. white xrift mass, not so much for the east coast this morning, do i have a lot of people trying to escape to florida to get some warmer weather and clear skies. they are dealing with severe weather this afternoon from tampa all the way into the jacksonville area. this entire area of low pressure will make its way into the carolinas later on this afternoon before it skirts into the mid-west, excuse me, all the way into the northeast across d.c. into new york city. so 8 million people are going to be dealing with severe weather this afternoon, primary threat will be damaging wind gusts, a few tornadoes and isolated hail across west palm beach all the way to tampa also, charleston, south caroli can nade northeast

feels like temperatures in some spots, tucson today toasty, 75 everyone is looking forward to that christmas eve and christmas day forecast coming up >> can't wait to hear it thank you. up next, conspiracy theorist alex jones is doing all he can to avoid the january 6th commission. californiaui sng walmart for dumping nearly 1 million toxic items no landfills simply shake and spray to unlock the breakthrough power of touch-activated scent technology.no landfils that lo landfills.!ino landfil. that's because to landfillsess so you get bursts of freshness with every touch. your whole world will come alive. welcome home to fresh with febreze touch.

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it is located on the danforth campus university officials say the incident is being investigated. conspiracy theorist alex jones is suing the january 6th panel to avoid subpoenas for documents and phone records. the info war founders will invoke his fifth amendment right in forced to testify this comes after chief of staff mark meadows filed his own lawsuit against the committee. the panel is expected to question jones on january 10th the stars of the "sex in the city" rebought have broken their violence over allegations against kris noth. they said they were deeply satined and shared their support for the women who have come forward. in the wake of the allegations, noth will no longer be a part of the series the equalizer and his at the can i loo company lost out on a $12 million acquisition

deal three women accused him of misconduct from 2004 to 2015 noth has denied all allegations. the state's justice department claims the retail giant walmart illegally dumped over 159,000 pounds of waste in landfills that aren't allowed to handle them things like lithium batteries and dumping customer information the suit claims they have been failing to comply with california's environmental protection laws for two decades. the company called the suit unjustified and says it plans to defend itself. still to come, if you are using shampoo, we have an important recall you need to know about rmfoer president trump gets booed by his supporters. we'll tell you why ahead

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. we have a consumer alert for you this morning procter & gamble issued a voluntary recall of hair products after benzene was found in them. benzene can cause cancer with repeated exposure. it covers 32 dry shampoos and conditioners from brands, including pantene, herbal essence and old spice a. full list is available on the fda website. four days left before christmas, you might be waiting for a few last-minute gifts to arrive holdups are happening in warehouses jolene kent got a closer look at what's happening. >> reporter: with just days until christmas, you are probably waiting for many of those gifts you bought online to arrive what avenue you buy, there is a good chance your order is stuck in a packed warehouse, like this

one. and these warehouses are overflowing, exacerbating the already overwhelmed supply chain choke point. that last mile of livery delive to you >> have you heard of this before >> i have not. this is unheard of for 25 years. >> reporter: he runs the west coast warehouse, one of the last stops for so many packages. >> reporter: does two-day shipping mean anything in. >> it doesn't. we're not hitting the two-day mark. >> reporter: the record demand from individual shoppers have forcing him to overhaul how he gets packages on time. putting in a conveyor shipment, shipping a single package is different than shipping out palettes in bulk in industrial warehouses, which soared during the pandemic, take up three times as possible than

a retail storm players like pro logic have never seen high demand. >> we are probably 75% occupied or more. so the extent somebody needs extra space it's tough to come by. >> reporter: they want to build more warehouses. >> we're trying to find urban centric locations, get them close to the ultimate customer. >> reporter: because warehouse space is effectively sold out, packages end up sitting in yards like these, waiting in containers for more space at the warehouse to open up >> i don't know we'll see a massive change for the next six months, maybe into late '22 or early '23 before we normalize. >> reporter: the ultrafree deliverly may be a thing of the christmas past the best proposal especially with omicron spreading right now is probably to buy online, pick up in store, drive up and do curbside pickup. anything you ship you are running the risk, even you pay for overnight shipping, that it

will be late, philip >> thank you good tips there. that's where i'm at. i don't trust it at this point you want to find something that's close, the pickup in the store so you know you get it in time >> imagine that, old school going brick and mortar in holiday shopping. still to come, day two of jury deliberations in the trial of police offir cekim potter on this day in history, the president met with the king of rock n rom buh bye. try wetjet with a money-back guarantee. with mucinex all-in-one you've got powerful relief from your worst cold and flu symptoms. so when you need to show your cold who's boss, grab mucinex all-in-one... and get back to your rhythm. ♪♪ the relief you need. the cash you want. roll finally getting there...is the best!

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by storm 50 years ago, a major moment in the oval office, elvis presley met richard nixon. it's one of the popular photos of the icon not performing he had done a study on federal agent at large he was given an honorary one let's look ahead and get your christmas weather with janessa webb when will it feel like christmas? >> yeah, here on the east coast, not too bad. just a few showers we will contend with from the ohio valleys to the great lakes but temperatures will be a little above average in these spots from the deep south to the central u.s. the problem is, we do have another storm system for your christmas eve. that will cause travel troubles for at least two days. sunday starting to clear out but for your christmas day, it looks to be a white christmas from the rockies to the plains. >> jessica, thanks

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don't forget your broom. it is almost time to head back to hogwarts. hbo max released the first full length trailer for harry potter 20th anniversary, return to hogwarts other iconic wizards from the eight-movie saga the 20th anniversary premiers january 1st. in today's stop top stories,

potter is facing manslaughter charges for shooting and killing daunte wright during a traffic stop during closing arguments, prosecutors asked the jury to look at the video of the traffic stop and aused potter of making rash and reckless charges. her attorneys argue she was justified because she feared officers at the scene could be fatally injured. dliblations began in ghislaine maxwell's trial, they called them partners in crime who exploited young girls together four women claim they were sexually abused and maxwell helped recruit and groom them. they said their client was a proxy and the accusers want a payday maxwell denies all allegations against her. the biden administration takes a big step in combating

climate change the epa analyzing the toughest emissions ever under these new rules, new cars must average 55 miles to the gallon by 20 tuition up from 38 miles today. the move reverses a trump era rollback of efficiency standards. former president donald trump drew mixed reactions after he revealed he got a covid booster shot did you get the booster? >> yes >> i got it, too >> okay. >> oh, don't, don't. no >> you heard some audience members cheered. others booed for mr. trump after that revelation, which was made during the final stop of the history tour with former fox news host bill o'reilly. just before his busy night, four days from now, santa claus was spotted in the florida keys, jolly old st. nick was under the sea taking a dip among the naughty and nice fish at the

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right now at 4:30, tracking the storm. more wet weather on the way. meteorologist, kari hall, breaks it all down for us and has a look at the important holiday forecast as well. >> it was a chaotic scene for the first arriving officers. >> shots fired at a south bay ball sending shoppers running for cover. travel plans in jeopardy. the omicron variant the dominant