hi, everyone, i'm kate snow. >> so good to be with you. i'm morgan radford. aaron gilchrist is on assignment. "nbc news daily" starts right now. today, monday, december 19th, 2022. polar plunge. just as winter arrives, temperatures are taking a nose-dive across the country. we're tracking where and when they bottom out. shaken in the sky. dozens of passengers aboard a hawaiian airlines flight hurt by extreme turbulence. coming up, what the airline is saying about just how it happened. the flu threat. doctors are calling this flu

season one of the worst on record. who's most at risk for contracting the virus, and how effective the flu vaccine really is. and border emergency. in one major texas city, migrants are sleeping on the street in these bitter cold temperatures. we'll tell you about the rush to help them as even more migrants arrive by the day. we begin with that blast of bitter cold air settling in across the country. >> now winter officially actually starts on wednesday, but it already feels like it now. temperatures have plunged way below average for millions of people, and that could mean pretty big disruptions if you do have holiday travel plans. in fact, aaa predicts nearly 113 million people will travel this season. likely making it the third busiest year for holiday travel. that's since aaa started doing travel forecasts. >> one early christmas present this year, lower gas prices. >> yes. >> yes. the average price of a gallon of unleaded, look at that, $3.14. that's down 12 cents from just last week. we're tracking all of it with nbc news correspondent dana griffin and meteorologist bill

karins. bill, i'm going to start with you for the big picture. even though we maybe don't want to hear it. what's going on? >> we're going to have -- thousands, maybe millions of people not able to get to their christmas destinations because of this upcoming storm. not the cold. it's going to be cold, it's going to be frigid, dangerous, where you could get stuck out in the cold. typically you're going from your house to the car, car to the store, that won't stop you from getting to your location. let's focus on the snowstorm that we're going to deal with, an eventual blizzard. the best days to travel, today, tomorrow. after that we get into travel disruptions. starting wednesday in the northern plains, this is snow, light snow, minneapolis, des moines. airports should be able to function in that. by thursday, especially thursday morning, kansas city will have a period of good snowfall. st. louis is going to break out into snow during the day on thursday. chicago, we're going to watch rain to snow as we go throughout thursday afternoon. and the winds are going to pick up on the back side. at the same time we'll have rain with delays likely at the airports up and down the east coast and new york city

southwards. the storm peaks thursday night into friday morning. this is when we'll have blizzard conditions. they're going to tell everyone to stay off the roads. no likely travel from chicago to minneapolis, southern michigan, northern ohio. the rainy weather and a flash freeze friday into the northeast, a lot of people are going to be dealing with snowy, icy conditions. this will be a dangerous storm, one of the worst pre-christmas storms we've seen in decades. >> you need to repeat that for kate. she's having a slight heart attack over here. she's planning on going to chicago. here we go. >> chicago flight on friday. not going to happen. bill karins -- >> not looking good. >> thank you. already, look, this holiday season is off to a bumpy start. look at this video. this is a hawaiian airlines flight. the plane hit some extreme turbulence on a flight from phoenix to honolulu on sunday. three dozens people hurt. 11 seriously. among the injured, a 14-month-old baby. >> scary. let's bring in dana griffin now who has more details. dana, what have we been able to learn about what actually happened on that flight?

>> reporter: so the ntsb is investigating what some passengers describe as the most turbulent flight they had ever taken. we're learning how scary it was for the 278 passengers and ten crew members on board. 36 people were injured, including 11 with serious injuries. luckily none are life threatening. the hawaiian airlines flight from phoenix to honolulu hit severe turbulence just about 30 minutes before landing. the hawaiian airlines executive vice president explained further what happened in the air. >> yes, we're very familiar with the current weather forecast. there's a lot of unstable air in the area. the seatbelt sign was on at the time that the incident occurred. and we're obviously in a situation in the islands right now where we're dealing with a lot of unstable air and weather conditions that are certainly difficult to deal with if you're an airline. >> reporter: so the hospitalized

patients including a 14-month-old baby suffered head injuries, cuts, bruises, and nausea. kate? >> and dana, do we know how they're doing now? are they all going to be okay? >> reporter: we're expecting them to be okay. none of the injuries are life threatening. some are in the hospital. we're waiting to see if some were released. it's a reminder when you're in the air always have your seatbelt fastened. >> a good thank you so much. we have breaking news from capitol hill. the january 6th select committee just ended its final public hearing with an unprecedented move. the committee voted to refer former president donald trump to the justice department for criminal charges for his role in the attack on the capitol. >> those in favor say aye. >> aye. >> those opposed, no. in the opinion of the chair, the ayes have it. >> the panel recommending the following charges -- obstruction of an official proceeding,

conspiracy to defraud the united states, conspiracy to make a false statement, and inciting or assisting an insurrection. these referrals don't hold any legal weight. it's up to the doj to decide on any prosecutions. let's bring in nbc news capitol hill correspondent ryan nobles and nbc news correspondents vaughn hillyard with us from west palm beach, florida. ryan, the committee made its closing argument after a year and a half of investigating. take us through the highlights of the final meeting. >> reporter: you're right. these referrals carry no legal weight, but they're an unprecedented action by a committee in congress. it shows just how serious they believe donald trump's role was in leading to the insurrection at the capitol. and the chair, bennie thompson, vice chair, liz cheney, making that clear in their opening statements. >> we've never had a president of the united states stir up a violent attempt to block the transfer of power. i believe nearly two years later this is still a time of

reflection and reckoning. >> no man who would behave that way at that moment in time can ever serve in any position of authority in our nation again. >> reporter: committee members say that they are going to transmit those recommendations, referrals, to the department of justice as soon as today. the question is, will merrick garland and jack smith, of course, the new special counsel who's been assigned to this prosecution, take that into account as they continue their investigation into donald trump and what role he may have played leading up to january 6th. >> yeah. vaughn, what are you hearing from mr. trump? what are you hearing from his allies about the meeting and the criminal referrals? >> reporter: right, and all this is happening in parallel to a presidential campaign for him. as he looks to retake the white house with the 2024 bid. right now the only republican who has announced that they intend to do so at this time. so far today we have heard very little from the former president. overnight he put several social

media posts out calling into question the mere existence of the january 6th select committee on capitol hill. this is an individual who is largely denying the allegations and evidence presented by the january 6th select committee and has participated in the -- officials trying to overturn the election results. he has remained defiant and has every intention according to his social media posts to do just that. >> all right. vaughn hillyard, ryan nobles. thanks to you both. new data shows that flu hospitalizations are at a decade-high for this time of year. in fact, now as holiday gatherings are ramping up, doctors are pretty concerned about older people contracting the virus. cdc estimates that this season there have been at least 15 million flu cases, 150,000 hospitalizations, and nearly 10,000 deaths from that virus. let's bring in nbc news medical contributor dr. natalie azar.

doctor, it's good to see you this monday. i know we don't have just the now worry about. we've been talking about rsv, covid. the cdc says that only 36% of people 55 and older actually have the newest covid booster shot. how concerning is that for you? >> well, it is concerning, and it's unfortunate because we actually just have real-world data from cdc that the bivalent booster is, in fact, working to help lessen the burden of disease, especially in individuals who have received a primary series with the mrna vaccine and the booster, the bivalent booster, compared to unvaccinated individuals or for people who haven't gotten the bivalent. the numbers are going up. hospitalizations are going, death rates are going up. it's so surprise. the scary thing, of course, is that heading into the holidays people are going to be indoors,

and we are going to see a bump in cases even after. >> speaking of that, what do we know about how effective the covid and the flu vaccines are against the virus us strains specifically that are out there now? >> right. so to what i was saying, we know that the bivalent covid vaccine is definitely appears to be doing what it's supposed to do and helping people stay out of the hospital. in terms of the flu shot, we really don't have a complete picture until the end of the flu season. but the predominant strains that are circulating right now are covered in this year's vaccine. so it's a good match. we know that the flu virus does mutate, so again by the end of the season we'll have a better handle on it. preliminarily it's about 50% protective at keeping you out of the hospital which is actually a really good number. usually it's about 40% to 60% effective every year. we're in the middle where we usually are. >> all right dr. natalie azar for us. thank you so much. we appreciate it. let's turn to be -- turn to

something more fun -- lionel messi and world cup champions after the epic win. argentina beat france in penalty kicks. being called one of the greatest finals of any sport. it's argentina's first world cup win in 36 years. messi posted this photo on instagram holding the trophy that had eluded him for his entire career. nbc news's meagan fitzgerald with more from qatar. >> reporter: this has got to be the best final match we have ever seen in world cup history. i mean, the energy was electric. you know, fans sincerely thought that argentina had this in the bag by the end of the first half. they were up 2-0. france looked like they weren't there to play. we had the first goal by messi on a penalty kick. then a game changer into the second half. killian mbappe carrying the team on his back. 80 minutes into the game, a goal. a minute later, mbappe, another

goal. now it's 2-2. argentina answering back. 3-2. and then mbappe with a third goal, a hat trick. that of course sends this game into penalty kicks. we all know what happened next. take a listen to the fans. >> i'm feeling like my heart stopped. >> reporter: how are you feel being this win? [ cheers ] >> dreams come true. >> we can't believe it. we can't believe it. >> i cried happy tears, sad tears, and then happy tears again. >> reporter: how are you feeling in this moment? >> fabulous. fabulous. >> reporter: a massive win for argentina. the first time the country is bringing home the title in 36 years. the first time a non-european country has won the cup in 20 years. yesterday, last night after this win there was a parade leaving the stadium with the team. this entire city was painted in white and blue for argentina. they're expected to land in

argentina at around 5:00 p.m. eastern time. you can only imagine, you can only imagine just what they're going to step into with the excited fans that will great them there. back to you. >> all right. coming up, the turmoil at coming up, the turmoil at itter and whytw e (♪♪♪) this s season, youou can sped leless and makake holiday y ds (♪♪♪) cocome true atat t.j. maxx, , marshalls s and homego. withth amazing g gifts for evereryone on yoyour , you geget more joyoy for yoyour money,, and morere cheer to o go ar. t.j. maxx,x, marshshalls, and hohomegoods. spenend less. gift more.e. alall season l long. shshe is fearlrless heart's on thehe line shshe is fearlrless depend sililhouette shshe is fearlrless keepeping leaks s off her mim. comfortatable in shahapeware fabricic shshe moves wiwith ease. comfortatable in shahapeware fabricic confidident on nigights like thehese. depend sililhouette. confidident on nigights like thehese. the only t thing strononger ththan us, is s you.

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so twitter users are saying they want a change at the top.

elon musk posted a poll asking if users wanted him to step down as ceo, and the majority of people who responded said yes. nbc's gabe gutierrez joins me now. let's start with that poll. more than 17 million people responded. i know it's not scientific. more than 57%, though, said musk should step down. will he actually do that? >> reporter: well, kate, it's anyone's guess at this point. elon musk did say that he would abide by the results of that poll. more than 17 million votes were cast, and we are waiting to see musk's response. and i should mention in the previous segment, talked about doha, himself. musk was spotted at the world cup final, along with former white house senior adviser jared kushner. it is anyone's guess whether he will step down as ceo of twitter following that poll which he announced just a short time ago. and again, 57.5% of respondents saying that he should step down

as the leader of twitter. >> interesting that he was at the world cup. didn't know that piece of information. i was looking -- he hasn't posted anything on twitter in hours. twitter announced and walked back a policy over whether users can post links to content on other social media sites. i wondered if that's to try to keep people from going to other platforms. do we know why they changed that policy and then changed it back? >> reporter: well, it was quite a back and forth over the last several days. what happened is is that some people including prominent journalists that were frustrated with the direction twitter was going started to post links to other social media sites including sites that had that information, that controversial information about the live location of elon musk's private jet. that account was suspended on twitter, but it's also on other social media sites. so some reporters had tweeted out links to that information, they were suspended late last

week. then they were reinstated. so yes, elon musk faced backlash for that decision, then walked back the policy of posting links for other need sites. >> thank you. if you're in the market for a new car, the biden administration is hoping that you'll go electric. >> that's right. the inflation reduction act is designed to help make the cars more affordable for a lot of americans. but in some parts of the country, going electric may actually not be that easy. nbc's jake ward joins us to explain a little bit more. jake, i know that you made the trip from california down to texas in an electric vehicle. what did you learn? >> reporter: you know, we basically took these two road trips, one in california and one in texas, to basically compare the two states. as you know, the biden administration wants to put an enormous number of chargers, half a million on, american highways. we tried to figure out how bad is it in the places that need them the most. texas, you guys, is not even the most challenged place.

it's pretty charging ready. in the trip that we took there, we found that whereas in california we had thousands of choices as to where we could charge, in texas we could just barely find a place to do it. and you can see tonight whether we actually made it. but you know, the whole thing really opened our eyes to just how tenuous this is, especially for those who drive for a living. >> that's a good tease there. you have to watch tonight to find out if you get to your destination. how will this "inflation reduction act," how are they hoping it benefits electric vehicle drivers? >> reporter: the $7.5 billion that the biden administration has put aside to incentivize electric vehicles are going to fund all of these chargers and creating rebates and incentives for us to buy them. the difficulty, you have to remember that gasoline industry didn't become a real industry, a gas station didn't become a workable business for generations. it took forever to make that actually work. the biden administration is basically trying to make that happen overnight, you guys. >> all right.

nbc's jake ward for us. we'll find out i guess tonight whether you are reporting live from california or texas. you can catch jake ward's full report on "nbc nightly news" with lester holt. with lester holt. declaring a state of when you're through with powering through, it's time for theraflu hot liquid medicine. powerful relief so you can restore and recover. theraflu hot beats cold. (police radio call) (sirens) (news report) (sirens) (news report) shshe is fearlrless

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underway, fire and sheriff's departments are meeting in the downtown area to address safety concerns. our ginger is no downtown union square with more. >> reporter: well the stores opened not too long ago in downtown san francisco but with just six days away until christmas we've seen sh shoppers trying to get an early start to their monday and trying to cross this of those things off of their list. shopping has come with some concerns after last year's mass looting have tainted the holiday shopping experience. but this year there is a different feel. you could see the san francisco fire department and the sheriff's department setting up a booth outside of macy's union square talking to safety and to shoppers and tourists who are visiting the downtown area. this morning their presence has meant a lot to shoppers, since 10:00 a.m. they've been sharing safety tips not just for shopping but experiencing the holidays safer at home.

it is something that they hope could serve as a deterrent. >> thank you. here are some other stories you need to know about. moving forward on free covid testing and new developments on a carjacking an chase in the east bay. but many are wondering now what for elon musk. he posed the question to his 122 million followers about whether he should lead the company. six in ten answered yes to his question about whether he should step down as chief executive and musk also claimed ahead of time that he would abide by the results. musk has taken a lot of heat as you know since taking over twitter. most recently hours after the social media giant banned users from promoting accounts on other major social media sites, the same ban vanished from the policy page. well officers have arrested three suspects after a wild chase that spanned the east bay. fremont police say it started around 5:00 near john f. kennedy high school in fremont. three people confronted a woman

and stole her car. officers spotted the car shortly after getting on to southbound 680 and that is when the chase started. it ended with the suspect's car crashed near landis avenue in milpitas. a man in the second car was ejected. paramedics rushed him to the hospital. still no word on how he's doing but officers have arrested the three carjacking suspects. and the white house is bringing back the free coast test program. you may have heard about this. tests will be mailed out starting today through december 19th. the procedure is the same as before. you could request your free test at the coast web page with a title of a maximum of four tests. well six weeks after the midterm election, sunnyvale city council race with a one vote margin not over yet. today another recount is expected to start costing an estimated $12,000 per day. mar uly beat out justin wang by just one single vote. the registrar's office said that triggered an automatic recount

which came back with the same result. however last week you might remember wang requested a second recount and he and his supporters will be footing that bill. you might want to stay inside because the air quality is going to be bad. here is kari hall with the spare the air alert. >> today is a spare the air alert day. air quality will be most unhealthy in the north bay and the santa clara bay. so it is really going to be unhealthy and some of the areas in -- not a lot of wind to mix out the pollutants. be we're seeing much cooler temperatures where the fog lingers in marts of the east bay and the north bay only reaching about 50 degrees. for hayward, we should see some afternoon clearing. temperatures in the mid-50s. upper 50s for san jose. it is another cold morning heading into tomorrow. a look at that seven-day forecast come up in 30 minutes. >> thank you. possible holiday train is

making a stop in the south bay. there it is. take a look, it is a live size reppica from the popular children's book the polar express. it is on display in los gatos. the project started back in november and the family that created it said it cost nearly $20,000. not only could you step in the train, but you could have an authentic experience from the movie's most popular scene. and this project almost didn't happen. it nearly got derailed by the city because the engine was too large on the street. they started a petition to preserve the train and gathered 645 signatures which was enough to allow the display to stay until december 31st. that does it for this edition of the fast forward. i'll be back in 3 hey, thahanks for hehelping m. of coursrse. you can eaeasily get hey, thahanks for hehelping m. hehelpful custstomer servive over the p phone or o on the progogressive ap pretty mucuch anywherer. even at ththe library.y. or the coffee shop. get great customer support at the park. or at this coffee shop. why would we go to a different coffee shop? mobile ordrder for j m mone? why would we go to a different coffee shop?

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bottom of the hour now. here are some of the stories making headlines on "nbc news daily" -- >> five people were killed and another seriously hurt after a shooting at a condominium complex just outside of toronto late sunday. in a scene that police described as horrendous. the suspect was killed after what police called an interaction with officers. although it's not clear what led up to that shooting. the surviving victims are still in the hospital in serious condition. the parents of a missing 11-year-old north carolina girl have been arrested. police took the girl's mother and stepfather into custody after they were accused of

failing to report their child missing. that child was last seen on november 23rd. authorities weren't aware of the third grader's disappearance until december 15th. the fbi is now aiding in the investigation. new york has become the latest state to ban the sale of cats, dogs, and rabbits in pet stores. this new law goes into effect in 2024. it lets pet shops work with shelters to offer rescued or abandoned animals up for adoption. the ban is meant to target the commercial operation of puppy mills which have been accused of raising animals in inhumane conditions. the investigation into the murders of four college students in moscow, idaho, is stretching into its sixth week as police hunt for the killer. as more time goes by, their families are left searching for answers and wondering how they have so few clues at this point. nbc news correspondent steve patterson joins me now. you spoke to a lawyer for one of the victims' families. they are not satisfied with the job authorities are doing. what concerns do they have? >> reporter: well, as you

mentioned, lack of answers leading to frustration with some of these families. one in particular, the family of kaylee goncalves, one of the four victims killed that night. her father, steve goncalves, has been in touch with police, communicating with police, as have all the families. but there is criticism that the police aren't accurately communicating back and beyond that whether or not they can handle an investigation of this level. listen to what his attorney told us. >> we want to let them know that we were holding them accountable for their decisions, and if they -- if they are in over their heads, then acknowledge that, and turn the investigation over to someone who's more versed in handling these types of matters. >> reporter: now as you would imagine the police pushing back on that saying that they are handling this investigation to the best of their ability, that they've been getting thousands of tips and following all available leads to try to push this investigation as far forward as they can. kate? >> have the police said anything

else about these frustrations, have they had any official response? >> reporter: yeah. i mean, when you have, you know -- wouldn't say an allegation but a dialogue like this, there is an official response. we can throw it up on screen for you. the police saying they're dedicated to supporting and communicating with the families of the victims. this is, again, in response to what the father said, that there was a lack of communication, not necessarily that they weren't accurately performing their duties which the father's attorney has alleged, as well. so a little bit of back and forth here. clearly the frustration's on display there in moscow. kate? >> steve patterson, thank you. just moments ago attorneys general in 19 different states have filed an appeal to keep title 42. that's the federal order used to expel migrants during the pandemic. they want to keep it in place. the order was set to expire on wednesday. it comes amid a surge in border crossings with migrants sleeping on the streets, the middle of these freezing cold temperatures.

and then leading the mayor of el paso, texas, to declare a state of emergency. nbc news has more now live from el paso, texas. it's good to see you this monday. first off, just sort of give us a sense of things. how will actually declaring a state of emergency help el paso deal with this influx of migrants coming in? >> reporter: well, city officials here told us that they just had too many migrants, they were overwhelmed with the number of people that they needed to help. their approach has been very humanitarian. they're thinking of ways that they can offer help to a lot of these asylum seekers that arrived in el paso. we've seen these record numbers, the surge that began last year, a lot of them asking for asylum, being released in el paso. they needed a place to sleep, they needed food, clothing, because of the cold temperatures, and because the city was overwhelmed many of them, as you can see, were sleeping in this area on the streets. some were in an alley on the ground. others went to the airport. it was total chaos. declaring this state of emergency i'm told will make

more resources available, more places for sheltering. hotel rooms and also more funds could possibly available. they also say they need staff. they need help from the state. they have to coordinate just more resources to help. a lot of these asylum seekers, local officials tell me, eventually just want to get to another city. now i should note that at a state level the approach that we have seen from the governor is different. the governor is worried about the end of title 42. the governor has been worried about the influx of migrants. and here's greg abbott speaking over the weekend. >> communities like del rio and eagle pass and others, they were having thousands of people dumped off into their communities, thousands of migrants dumped off in l communities. they don't have the capability of dealing with that vast number. if the courts do not intervene and put a halt to the removal of title 42, there will be total chaos. >> reporter: now a very different approach. city officials in el paso tell

me they agree they don't have the resources, but they have focused on offering the help that they can on these people that are seeking asylum. >> all right. and what is the biden administration doing at this moment now to prepare for what you describe as sort of potentially thousands of migrants who could be enforring the country? you know -- entering the country? you know, we're talking about each day. >> reporter: you know, it's difficult to know what the administration can do. we know that border patrol agents are overwhelmed. we know that tvp agents are the ones that are processing the thousands that are coming into the southern border. earlier today i was in juarez speaking to some of the migrants that have arrived. a lot of them tell me that they are going to wait until after wednesday to try to enter the country, and they tell me that thousands more are under way. so it's difficult to know what kind of plan is being prepared at the federal level because we know that with the numbers they've seen now they have been overwhelmed at the border. >> all right. reporting live from the ground in el paso, texas, thank you. jury selection is now under

way in the seditious conspiracy trial for members of the far right group proud boys. the five defendants are accused of playing a central role in the fighting at the capitol on january 6th. the proceedings come less than one month after the leader of another far right group, the oath keepers, was convicted on that same charge. nbc news justice and intelligence correspondent ken delainian joins me from washington. can you bring us up to speed here? what is the prosecution's argument in this case against the proud boys members and where does jury selection stand right now? >> reporter: jury selection is ongoing and is expected to last about a week. look, this is perhaps the biggest of all the january 6th capitol hill riot trials to date. you have five members of this far-right group charged with seditious conspiracy, the most serious charge the justice department has brought in these capitol riot cases. what the doj is saying here is that these proud boys were sort of the vanguard of the riot. they -- some of them, four of them are accused of leading the

crowd into the capitol. one famously breaching a window, breaking glass with a police riot shield. enrique tarum was arrested and in jail. the doj says that he was heavily involved in a conspiracy to try to obstruct the lawful transfer of power. >> and ken, i mentioned that other case. so this is happening less than a month after the case about the oath keepers, and they were convicted of seditious conspiracy in the same courthouse, i might add. what are the key differences? >> reporter: that's right. two were convicted of seditious conspiracy. and that was also a very important trial. the difference is those oath keepers were not accused of perpetrating violence inside the capitol. these proud boys, four of them, are accused of carrying out vicious, violent assaults and really being right in the middle of some of the worst acts of violence in the capitol. so a very closely watched, important trial. >> we will keep watching that. thank you so much. new developments today in

the legal battle between actors johnny depp and amber heard. >> today heard announced that she is settling a case with her ex-husband. back this june, you remember a virginia jury found in part that amber heard defamed johnny depp when she wrote a "washington post" opinion piece saying that she was a victim of domestic abuse. nbc news legal analyst, danny cevallos, joins us now. heard had appealed that summer verdict from last summer, but now she says she's settling, and according to depp's lawyers the settlement is for $1 million. earlier the jury ordered her to pay millions of dollars in damages. so how do we sort this all out? does she owe less now? >> reporter: a lot less. she has settled the case after the verdict which definitely happens in civil cases, especially when one party or both parties realize that with the cost of appeal, cost of paying attorneys, and the years it will take an appeals court to handle the case, it may be a good business decision for both sides to come to the table and talk settlement. that's exactly what happened

here. and by the way, i have to say i saw this coming because these are exactly the kind of parties that would come together after this verdict, and johnny depp seems like the kind of party that would say, okay, i don't need multimillion dollars, i'll be happy with $1 million and feel like i won. >> give us a sense here, amber heard released a statement, and i want to zero in on one specific part of that statement where she wrote, quote, i make this decision having lost faith in the american legal system, where my unprotected testimony served as entertainment and social media fodder. when i stood before a judge in the uk, i was vindicated by a robust and partial and fair system. i was protected from having to give the worst moments of my testimony in front of the world's media and where the court found that i was subjected to domestic and sexual violence. danny, what do you make of what specifically heard is citing here, that she was treated differently when it came to the u.s. versus the british legal system? >> reporter: she had success in the british legal system and didn't have success here in the

u.s. obviously very different defamation bodies of law and systems. i'm not sure who may have edited that statement before it went out, but to some degree it can be interpreted as i liked the courts where i win and i don't like the courts where i lose. but in this case, there's no question that amber heard did face a lot of challenges,on only in the courtroom but outside the courtroom where -- where she was often criticized for her testimony. >> it could also be interpreted that it was a social media circus in this country, right? i mean, it was the talk of everyone for months, weeks. >> everyone was talking about it. court of public opinion. >> yeah. danny, thank you. a christmas tree shortage could mean a little less holiday cheer. how farmers are working to stay on top of all this demand this year.

all right. if you have not bought your christmas tree yet, kate, you might be in for a challenge. >> i have mine. no, i have mine. i'm good. but there's a national -- do you have yours? >> i don't -- you know. >> okay. there's a national christmas tree shortage this year. this is what we're talking about. it's leading to stores closing days and weeks earlier than usual. we have more from bath, pennsylvania. marisa, what are the effects of this shortage of christmas trees? >> reporter: well, what i will say is it's not that it's

impossible for you to get a real christmas tree, it's just going to be a lot harder. not just because of the time. year, we're just a week or less than a week until christmas, but because of the tree shortage. you mentioned we're in bath, pennsylvania, at a christmas tree farm. listen to what the homeowners had to go through with this shortage. >> we've pulled people from as far as washington, d.c., this year, baltimore, long island, they've come a long way just because there's no trees between here and there. very few trees. >> they're calling us, are you still open, do you have availability, because we're traveling an hour and a half or two hours. >> reporter: so what that means, with this farm they had all those people coming from everywhere. they have all these beautiful trees, but in order to make sure they had enough for next season, they had to close their doors to people looking earlier. >> that is a cool shot. a lot of trees there. send me one here, first of all.

marissa, how did we get to this point? how did we get to this point of such a dire shortage? >> reporter: so there's a series of factors. it's economics. i'm going to -- complex. i'm going to simplify it. you have the 2008 economic recession, bad weather conditions like drought that's going to happen. then you have inflation, you have a lack of seeds that were produced and seedlings that were given, right. so all of those things in conjunction together kind of created this perfect storm for an imperfect growing season. so the bad news is that this isn't expected to let up next year, but it's not expected to last forever. you're looking at the future of christmas trees this. isn't a permanent thing. this isn't forever. back to you. >> we like it. thank you so much, we appreciate it. the holiday shopping season in full swing right now. more buying can mean more returns. >> with online shopping booming since the pandemic began, it has changed the way that we buy and ultimately return gifts.

our consumer investigator shows how to save a little time and money when dealing with unwanted items. take a look. >> reporter: as long as we've been giving gifts, we've been returning them, too. the retail return merry-go-round at a fever pitch thanks to the ease of pointing, clicking, and buying. >> there's one thing i'm passionate about, it's a good deal. >> reporter: last year consumers returned $158 billion of merchandise purchased just during the holidays. >> all these retailers are trying to find shortcuts, things to keep their costs down so that new cost is not passed down to consumers. >> reporter: michael garfield, the high texas an, specializes in technology and newsroom lifestyles. retailers want to make it easy for you to buy and return so you'll come back. >> they've got to make it hassle free because loyalty is going to be -- loyalty equals repeat business. >> reporter: some are trying to curb costs and may charge a

return fee for items sent back. it can get tricky, so read the fine print. the good news, this year you have more options than ever to send back any unwanted items. for example, happy returns, which is owned by paypal, has more than 5,000 locations for you to do a return, and they're partnering with more than 200 retailers including albert's. i'm going to walk you how it works. request a return with your order number. all right. here we go. drop off at a happy returs location. okay. a search tool helps you find a return bar near you. there it is. i have my qr code. it's been emailed to me. that's all i'm going to need when i show up at the store to return the shoes. so far the most difficult thing, new york city traffic. so this is ulta, they don't sell shoes, but they are going to take my return because they're a happy returns partner. let's see how it works. i have the qr code here. okay. perfect. thank you. she scans my phone, checks the shoes, and bags them up. >> for your receipt, it's going to be in your email. >> reporter: the whole thing took about two minutes.

wow. okay. it confirmed that i got the return. upon and i got a $3.50 off coupon for a $15 purchase at ulta. >> what shoppers want is free and friction-free returns. >> reporter: david sobie is vice president of happy returns by paypal and says avoiding boxes and printing labels is a gift to the environment. >> as you see behind me, those are happy returns reusable shipping totes. not only are we reducing the number of shipments because we're aggregating returns, we also eliminating cardboard from the equation. >> reporter: when you break it town, what does it look like? a return experience? >> almost 80% of shoppers report that they're less likely to shop again from that retailer if they have a bad return experience. >> reporter: the largest retailer, amazon, also making returns easy. and with amazon returns, no packaging or label required. you just need the code sent to your phone. just choose whole foods and amazon locker or even a ups store to drop off your return. >> you can get your refund back as soon as it's dropped off. it's seamless, simple, and convenient. >> reporter: walmart-plus members can request at-heim

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place to address two incidents at an east bay refinery. they recommend an independent investigation be launched into the martinez refinery. you might remember the day before thanksgiving. they released 20 tons of a heavy metal dust. the county says it was major chemical accident and the refinery should have notified the health department. then earlier this month dramatic flares went up at the refinery. they is say an equipment malfunction caused that. the flair worked as designed to combust excess hydrocarbon efficientlily and effectively. we apologize for impacting the community. >> police are announcing a break in the cyber blackmail incident. they believe it led to the death of a teenager. he took his own life in february. police believe he was exhorted in a fishing ploy who demanded money after receiving intimate photos. san jose pd followed the trail to a west african sex scheme.

and last week l.a. police officers arrested a suspect. we'll have more on this story with ian cole at 4:30. if you or someone you know is struggling or in crisis, there is always someone ready and waiting to help 24 hours a day. all you have to do is dial 988. there is no charge. it is confidential and you can remain anonymous. we're in a spare the air alert today. besides that, we're looking at nice weather across the bay area. here's meteorologist carrie hall with your extended forecast. >> we'll see some sunshine in parts of the bay area. temperatures reaching into the mid 50s. as we go throughout the week, as we officially begin winter, our temperatures will be warming up. we're going from a start of the week in the mid 50s to a chance of showers on thursday and low 60s. by christmas day, the warmest temperatures we've had in quite a while hitting the upper 60s with a mix of sun and clouds n san francisco, we're also dealing with a cold start to the week with a lot of clouds and we will flip the calendar to winter

starting on wednesday. then watch the radar for a chance of showers on thursday. the weekend is looking really nice. (steven) every timeme i come toto see careremore, theyey go abovee and d beyond to o take care e . i feel a l lot better r now. i'm takiking medicatation for t i shshould have e been takining years agago. (vo) caremore h health provides a advanced prprimary e whereverer you need d it, in e hospitital, at homome, in our c clinics, oror virtual. (steven)n) so when i call them over a medicacal issue, they takake care of f it inststantaneouslsly. i'm not t afraid to o go to te doctoror anymore

or put offff going to o the doc. (vo) call the n number on y your scn to learnrn more abouout medice plans inin your neigighborhoo that include caremore. good morning, our partners are asking for your help with their annual holiday wish drive. giving tree works with hundreds of small bay area groups to offer big help to people who have a financial hardship at the holidays. the drive is simple. grant kids and some seniors holiday wishes. help them get the gifts they want. >> lots of gifts. >> this year family giving tree says it's facing a challenge meeting its mark. >> we have a goal this year, 40,000 individuals and we're at about 30,000 so far. >> here's how you can get involved. you can use fgt and call this vgt, virtual giving tree. scan this qr code or go to wishdrive.org. >> we put most of our wishes up

online and people can look through them for the right age or gender they want to serve. they can help a senior, infant. and then they just give us their credit card and we buy gifts. >> also, look for this box that reads check company. click it. many companies match employee donations. and that button will tell you if your employer will help you make even more holiday wishes come true. again, click the qr code to get started or go to wishdrive.org. thank you for your generosity. >> thank you, that does it for this edition of fast forward. we'll see you soon my asthma felt anything but normal. ♪ ♪♪ it w was time fofor a nunorml with nucalala. nunucala is a a once-monthty add-onon treatatment for severe e eosinophililic asta that c can mean less oral l steroids.. not t for suddenen breathining problemsms. allergicic reactionsns can oc. get hehelp right a away for r swelling o of faface, mouth,h, tongue, or t trouble brereathing.

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friend jenna kramer is here. >> step into the holiday with the new movie. "access daily" starts now. welcome to "access daily" from universal studios hollywood. i'm kit hoover with mario lopez. let's talk about a sexy couple. ryan reynolds was just honored with an american cinema tech award. his wife blake right by his side. scott evans caught up with them on the red carpet sporting an accessory close to his heart. >> i'm digging the suit, i'm digging the look. if you wouldn't mind, there's a bracelet on your arm i want to know a little bit more about.