and we have all the facts that you need to know, so let's get smarter. we start with new details about covid omicron variant. the situation changing by the minute. with new cases popping up in countries around the world including japan and the french territory of the reunion of the indian ocean. and just this morning, regeneron saying that its antibody drug cocktail loses effectiveness against this variant. all this as president biden urges caution here at home. >> this variant is a cause for concern, not a cause for panic. the best protection, i know you are tired of hearing me say this, the best protection against this new variant or any of the variants out there, the ones that we've been dealing with already, is getting fully vaccinated. getting a booster shot. >> are lockdowns off the table? >> yes, for now. >> why is that? >> because if people are vax

natured and wear their masks, there is no need. >> and federal workers will not be punished for failing to comply with the vaccine mandate until next year. the deadline for federal workers to get the vaccine or face suspension or firing was november 22nd. the white house says more than 96% of the 3.5 million employee workforce has already complied. 96%. that is a huge number. and new this morning, nbc news has learned pfizer is expected to apply this week for regulatory approval of its covid booster shot for 16 and 17-year-olds. if approved, it would be the booster available to people under the age of 18. and let's get to our panel. the president is trying to calm

nerves, but what more do we know about the white house's strategy to tackle this new strategy? >> it is a difficult position that they are in because there are so many questions that we don't have answers to. and the administration acknowledges that. and that might be days or weeks before we actually have those answers. but in the meantime, what we're hearing from the president, from administration officials is this message of now is not a time to panic. they are not predicting any additional lockdowns, they are not predicting any additional travel restrictions or bans that could be put in place. but they are telling the public and signaling that there are questions that still need to be answered and that in the meantime here are some steps that we can take. and primary one -- primary one of those is boosters. so we are hearing the president, administration officials, increasing calls for people to get their booster shots. and certainly to get vaccinated if they haven't gotten their first dose yet. but among boosters, even for people 65 and older, where they have been eligible for months

for a booster now, where they are most at risk for severe illness, only about 40% of that group has gotten their booster. so there is a sense of urgency that more people need to get their booster shots. of course the administration also saying that if we're in a situation where we'll need revised booster tailored specifically to this new variant, if we will need to revaccinate people, reassuring the public that they have the capabilities to do that, they are working with the pharmaceutical companies, that they will use every resource of the federal government to get boosters and vaccines out to people to handle this. we'll hear later today from the covid response team, the president's top advisers, i expect again to hear more about boosters including that announcement fromtizer about the 16 to 17-year-olds and we'll get a little bit more window into the latest thinking on what we know about the new varpts. variant. >> and andy, you used to be in charge of this stuff. did they call you over the weekend, do they need you back?

>> fortunately they have been planning for this type of scenario for quite some time. i did talk to them over the weekend address yesterday. these are not things that they had not been thinking about and working on. and as was reported, they are preparing for all sorts of scenarios. right now the most upon the thing and this is the difference between this year and last year, the president is out there speaking directly to the public, telling the truth, i think that actual see that in a briefing today, giving people the facts that they need. and boosters are indeed the most important thing that americans can do. and we have a lot of other tools. good ventilation, masks, all those things that we need if cases do start to rise here. >> and we know vaccine mandates work. when you look at the numbers, it is extraordinary how many more people have gone out and gotten vaccinated since mandates were put in place. but at this point, those who

aren't vaccinated, the president urging them won't change anything. anything different that the white house should be doing in terms of strategy to get the unvaccinated on board? >> i think that the president is telling people that this is a great time to rethink if they are on the fence, you know, even if there is a degradation in the vaccine, people should understand that if you have a serious illness going around, and even a 75% chance of reducing your likelihood of being in the hospital or of a senior being in the hospital from a nursing home, takes smart thing do. and i don't think that we should be giving up on people, i don't think that the president is giving up on people. yes, we are going to have more challenges in some areas of the country as we know than other, hopefully politicians will stop putting out counter messages like representative jackson did yesterday in calling this a hoax. i think that that hurts the cause of getting people the information that they need and making the right decision. >> in the last hour or colleague

jonathan lemire share nad new york city did not have one covid death yesterday however new york's governor has declared it a state of emergency. why, what is going on? >> so this will go in on effect on friday. and this limits non-emergency nonurgent procedures, medical procedures. so this basically addresses potential supply shortages that could a rise. hospital staffing shortages. and this is all in preparation of a potential covid spike. you mentioned no deaths which is great news, but we know that cases are on the rise in the city, about 1300 cases averaging a day over the last seven days. and so kathy hochul did declare that state of emergency and set that emergency order into place. we also know that this is all in preparation because there is no omicron variant confirmed right now, but kathy hochul says that it is coming. the new york city health commissioner says it is just probably a matter of days before the first confirmed cases a rise here in new york city. and mayor de blasio reencouraged

people to wear masks in grocery stores, retail stores. and we know people already have to wear masks at public transit, in schools. so i talked to nbc medical contribuor doctor natalie azar and this is what she told me. >> this is probably the cycle that we'll be experiencing maybe forever. we may find out in two to three weeks that we can live with omicron. that if you have been vaccinated and boosted, you are still, you know, reasonably well protected and certainly well protected against severe disease. >> good news is here in the city about 77% of people of all ages have gotten at least one shot. we also know that the governor says statewide 90% of adults have gotten at least one shot. >> dr. gupta, i said it before, the white house said more than 96% of the 3.5 million federal workforce has already been vaccinated.

that is great news. however, a judge blocked in ten different states the mandate for health care workers to get vaccinated saying vaccination status doesn't have a direct impact on the spread of covid. what do you make of that? >> stephanie, good morning. it is wrong unfortunately and this puts communities at risk and those health care workers at risk because they should be subject to a man date just like i am and my colleagues are across the country. it is likely that there is going to be a data coming out suggesting that these vaccines two doses of them probably are not as effective as preventing a positive test. or preventing a mild breakthrough infection. and yet they will still be holding up at least by early signs we think we hope, of

people being in the hospital. and so the vaccines for all your viewers out there, not only ramp up your antibodies, they also ramp up t-cells that actually kill the virus directly. so there are multiple ways that the vaccine works in the body and we think that they will remain very effective even in the setting of the new variant. >> but dr. gupta, how scared should we be? a positive test and a mild infection is far different from the concern that we had a year ago where i was too scared to see my parents in fear that they could die. >> you know, i say this as a pulmonologist, there has not been a vaccine in history against a contagious respiratory virus that will prevent a positive test. think about influenza. we get the flu shot every year not to prevent a positive test but to keep you out of the hospital, to prevent severe illness. and that paradigm we need to embrace more and more at scale

because there is no way to prevent a positive test for everybody in the world. no way that that is scale. so the near term goal is let's keep people out of the hospital and if that is a three dose series which it looks like it is at least initially, less talk about it that way and modify of definition of what fully vaccinated is. because a lot of people are getting hung up on that definition. the cdc says it is two doses, what about this booster? we should be talking about fully vaccinated in a different way or scrap that definition entirely so people are not confused. >> have you gotten the booster? >> i have. i got two doses of pfizer, last dose in january. got the moderna half just a few. >> how about you, andy? >> i did. did you, stephanie? >> i'm about to get my booster tomorrow. thank you very much. thank you all. and in just moments, a federal judge appeals court is going to hear oral arguments as former

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moments from now, a federal appeals court is hearing arguments as former president trump attempts to a a. void having to hand over documents to the committee investigating the january 6 attack on the capitol. earlier this month a district judge ordered the national archives to begin handing over documents to the committee but a separate court halted the process as it reviewed trump's appeal. joining us now to discuss, justice correspondent pete williams and also have us ali vitali and former u.s. attorney joyce vance. >> the trump lawyers will say don't be the committee has a legitimate need for these documents, the real goal is just to embarrass the president.

they will also say the president even though he is the former president does have some residual executive privilege and his concern is that if this is the way the archives are going to handle this, it could make it harder for people in the future to give president candid advice. both the archives and the house will argue that they do need these documents, that this is one the most important thing that congress has ever looked in to and that while the president yes has some executive privilege, the person best in the position to decide when documents should be withheld or handed over is the current president, that is what the supreme court said in 1977. the court also will ask both sides to address a question that it thought up on its own, which is does it even have jurisdiction to hear this case. is this even reviewable by a federal court. but you can be sure that this is not going to be the last word. whoever loses here will probably go to the supreme court. >> joyce, let's pretend that you are a u.s. attorney landing from outer space, you know nothing about donald trump's history.

what would be the argument why he wouldn't want to hand over these documents? >> well, you don't have to be a rocket scientist to come up with the answer to that one. typically people don't want to turn documents over if they believe that there is something incriminating in them. perhaps not incriminating on the specific matter that congress is seeking them for, perhaps generally there are concerns about revealing them. but to pete's point about former presidents retaining some sort of control here, that control, that need for the former president to have any say-so is far less when the sitting president identifies a compelling reason that the documents are needed. that is to get to the bottom of what happened on january 6 and let the american people understand the truth, that appears to be what the former president is trying to hide. >> ali, the january 6 committee announced that it will vote to recommend former doj official jeffrey clark in contempt of congress.

what do we know about that and about mark meadows and also what does contempt of congress actually mean? all i've done is watch a lot of law and order. when someone is held in contempt, that is bad news. but contempt of congress doesn't seem to affect any of these people's lives. >> and the larger point is that the reason that they want to make sure that these people are complying is because the committee wants the information and insight that these people can give them. so going forward in the contempt of congress route is both meant to hopefully, they hope, compel them to actually cooperate. we saw how that worked in the case of steve bannon which is to say it hasn't at all. we haven't seen any signs that he is changing his mindset. but it is meant to make sure that other people who will get subpoenas afterwards know that there could be ramifications for that in the form of potentially having to pay fines or potentially even having to serve jail time. we don't know ultimately how doj will move forward with the steve ban noncase. but that was meant to make a point. you bring up jeffrey clark and

mark meadows. the committee will meet tomorrow. and when we saw that that was the advisory sent out, we thought it was going to be about mark meadows. because it was clear that because he didn't appear for his deposition, they are actively talking about what they will do in terms of a consequence for that. but we also know that jeffrey clark did appear for his deposition, but didn't answer any of the questions posed to him. so a different way of not cooperating with the committee. it is clear that they want to show that there are consequences to not cooperating but you're right, it is not necessarily showing that the people who are at the top of this food chain are going to be a littling any differently. both mark meadows and jeffrey clark are saying that these are executive privilege conversations and that is why all of this will end up mired in the courts which is not what the committee wants because need to move as quickly as possible. >> this has just been an advertisement for steve bannon's radio show. pete, i want your read on tomorrow's oral arguments at the

supreme court on mississippi's abortion law. this a direct challenge to roe vs. wade. >> and for this reason. roe and all the follow-on decisions have said that states can restrict abortion up to the point of viability but cannot ban it, viability being the point where a fetus could exist outside the woman which is generally thought about 24 weeks. mississippi says we want to ban abortion after 15 weeks. so if the supreme court upholds the mississippi law that is a direct upcutting of the law. and if mississippi's law at 15 weeks can stand, then what about the next state that says 11 or 10 or 9 or texas at 6. so that is why this case is such a big deal. >> all right. thank you all so much. we'll be watching tomorrow and you at home hopefully will be for our special coverage of the historic oral arguments at the supreme court right here on

msnbc starting at 10:00 a.m. eastern. coming up next here, president biden heading to minnesota to address the growing supply chain issues after meeting with ceos of the largest retarls. largest retarls. o tarls. aitarls. ltarls. ertarls. . . . s . . people everywhere living with type 2 diabetes are waking up to what's possible... ...with rybelsus®. (♪ ♪) rybelsus® works differently than any other diabetes pill to lower blood sugar... in all 3 of these ways... increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. people taking rybelsus® lost up to 8 pounds.

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. right now we are watching the white house where president biden will leave for minnesota to talk about the supply chain crisis today. after he met with some of the nation's biggest ceos yesterday afternoon. i spoke with one of them and we'll have more on that in a moment. but for facts sake, we need to clear up what is happening to the supply chain. the global supply chain. and how we can actually fix it. because there have been many myths going around. some people say self-driving trucks would solve the driver shortage. makes sense in theory, but the technology at large does that meet key safety standards. and others say running ports 24/7 is the answer. but president biden already got our biggest west coast and east coast ports to do that and while it is helping somewhat, it does not make the other supply chain issues magically go away. we are still seeing some backups and remember, it is a global supply chain. another myth, that companies can just pack up and move their

supply chains back here from china, produce everything on u.s. soil, that would be great, it would make a lot of sense, but it is not as easy as it sounds. companies have been outsourcing manufacturing for many years. even if we did change in a big way, we wouldn't see the results for quite a long time. and a lot of people think that the shortages will disappear next year. we hope that is true, but there are a lot of signs that that won't happen. companies from clothing to technology say that they expect some shortages to last well into 2022. and some of the shipping delays could last up to two years. that is well after the holiday season. fact is the supply chain is exactly that, a chain with many links and it takes a lot of things working well to fix a global problem. there is no quick fix no matter how badly anyone wants it. and one government, one president, one country cannot fix it on their own.

as i said, president biden met yesterday with some of the country's biggest retarls to discuss the issues. one was mattel. and mattel takes toys that you know like barbie, fisher-price, hot wheels and american girl dolls. and i spoke with their ceo and i asked how he thinks the administration is handling this crisis. >> i was very impressed and encouraged by the keen interest and real partnership that the president and administration as a whole is demonstrating and supporting the private sector and collaborating to make sure that there is enough product on shelves for the holiday season. >> have you seen any changes since this administration took action? walmart's ceo says that he has seen a 26% increase in cargo ships making their way through clogged u.s. ports in the last

four week. have you seen similar? >> we have seen reduction much congestion in ports. we're working hard with our partners, they are doing a tremendous job, really good job in making sure together with us that there is enough product at the right quantities at the right time on shelves for the holiday season. and with that, we are confident that there will be plenty of material product for children of all ages on shelves for the holiday season. >> so are all of these headlines overblown that shelves are empty and santa won't be here for christmas? >> well, it is not that we're not facing challenges, but we're able to work through them. and do our best to meet as much as we can from the demand we're seeing out there. there is a demand for toys. toy industry is proving it resilience. parents and families, increasing

their spend on quality product and trusted brands, and we're seeing higher engagement in play. and with that, there is strong demand and we're working hard to meet it. >> is it more expensive this holiday season than it was last year? kids want a lot of toys. >> a depends on the product and category. there are inflationary pressures. we do what we can to keep prices low and make sure that we provide quality product at the right price. >> what is a bigger day for you, black friday or cyber monday? >> it depends. and without getting in to the detail, we are very encouraged by the momentum and demand that we're seeing in the market as we get ready for the run towards the final shopping week of the year around christmas holiday. >> there is one hiccup that certainly spooked the markets and a lot of people over the

weekend. this new covid variant. how concerned are you just a few blocks away from where i am is the american girl doll store and it is normally filled with parents and children. >> we're watching it very, very closely. there is nothing more important to us than the health and safety of our employees, our communities, our consumers. and we intend to make sure that this stays a core priority and focus for the company. we have worked through major disruptions in the past over the last two years or so through the pandemic. and we believe that we have the right resources, capabilities, and know-how to be able to navigate our business during the disruption. >> so you say that you will deliver the product. can you give us an assessment of the american consumer, how healthy are we in terms of this economic recovery? >> we are seeing strong demand. the toy industry has seen demand for the last two years.

in fact, these were record years with 16% growth in 2020 and 17% growth for the industry as a whole by october year to date. so strong demand across the industry is driven by children, families placing priority on play. the toy industry is a growth industry and it is expected to continue to grow for the coming years. it has shown resilience during the pandemic, in economic times before, and we expect to continue to show strength in the years ahead. >> record growth from mattel. underscoring that we are living in an america with two economies. big business is booming, wealthier americans are doing well, while small businesses and more economically vulnerable americans are struggling. and scared. coming up next, senator joe manchin lays out his time line to pass the human infrastructure bill. turns out, shocker, we might not

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frequent heartburn? not anymore. the prilosec otc two-week challenge is helping people love what they love again. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com. developing this morning, democrats in congress are making a big push to pass president biden's human infrastructure bill. chuck schumer doubled down on his time line saying he want it is done by christmas. and senator joe manchin says there is a way forward but with a big caveat. >> i want paid leave to be in a separate piece of legislation. and i think that there is a bipartisan pathway forward. >> while we watch for those social programs, today is giving tuesday, and this morning we're shining a light on those who need help right now. a new report found that two in

five new yorkers experienced food hardship last year. with black and latino people hurt the most. that includes about half of all families with kids right here in new york city. and while that is a problem, it could have been much, much worse. the expanded child tax credit for example is currently paying on average $430 a month to the families of over 60 million children in america. that program is set to expire at the end of the year. joining us for you to discuss, richard bruery, the ceo of the largest? are on poverty. and richard, if new yorkers did not have prime ministers like the expanded child tax credit, how much worse would things be right now? remember, in the last six months, the cost of almost everything we buy went up. >> stephanie, you are right. we would be facing -- we are facing a humanitarian crisis and

it would be deeply worse. we know that food insecurity acts as a barometer of our economic health. in a place like new york where housing costs are so high, employment numbers are still double than the national average, people are choosing between paying rent and putting food on the table. and nearly 40% of new yorkers experienced food hardship last year and we know that twice as many new yorkers have used a food pantry this year. and so federal suppors like stimulus checks, s.n.a.p. benefits and of course the child tax credit have been effective in keeping families going hungry. but as you say, many of these supports are temporary and we're now facing an annual inflation rate at a 30 year high which means that as families approach the holidays, families will get squeezed on everything from food to gas to child care.

so now is not the time to be pulling back on those programs that have been effective. it is not the time to pull back supports like the child tax credit. and as you said, they have kept so many americans afloat during these challenges times. >> megmegan, there are a lot of major policy changes in this human infrastructure bill. but it doesn't seem like all of it will make it in there. your center found that the child tax credit has kept more than 3 million kill kids out of poverty in july, august and september. should this tax credit either be made a top priority or carved out completely as its own separate bill, own separate program? it has gotten a lotof bipartisan support. >> my colleagues and i at the columbia center on social policy and as well as researchers have been tracking the impact of the child tax credit as it rolled out since july and what we're seeing is basically a policy

success story unfolding. this policy is working exactly as it is meant to. we're seeing two key things. the first is that families are spending it on their basic needs and children's essentials. and the second is we're seeing poverty drop, hunger drop, hardship drop and is this a good news story for children. so it is a critical policy. but as you mentioned, there is kind of a deadline. december 15th is the last monthly check that is your honor cannily scheduled to go out unless congress acts to extend this for the next year.honorcant unless congress acts to extend this for the next year. >> so what will it looks like for the families in need if the program runs out? >> it will be a disaster. and we have to remember poverty is a problem of money. so when people have to choose between food and housing and

shelter and paying the heating bill or putting gas in the car so you can get to and from, would, we face imminent collapse. we are lucky in that again these policies have proved to be remarkably successful. surveys have shown as you heard that making basic needs like diapers and school clothes, we don't want to face a crisis. we can't have the safety net disappear. i can't imagine any worse way to celebrate the holidays than by pulling the rug out of -- rug from under new yorkers and americans who are living at the edge. one in seven children in this country are living in poverty. 11 million children. that is enough to fill the football stadium at university of michigan 100 times over. this is an urgent national crisis. it is not the time to pull back. we have a successful program.

permanently expanding the child tax credit would cut child poverty in the u.s. nearly by half. i can't imagine a more common sense policy. it is humanitarian and also economically sound. because that money goes back in the economy. people use that money to buy local goods. it generates tax revenue. it supports over a half million full-time jobs. it just makes good sense. >> megan, critics say that people aren't spending this money on essentials or that the net was too wide, money was being given to families who didn't necessarily need it. does your data show different, what was the money spent on, who is receiving it? >> yeah, we have data and again researchers from across the country there, is national survey data sets, state level information and cities, we are seeing by and large that families are using it on a number of things, but first the most common item by far is food.

families, you know, need to put food on the table and this is helping fill that gap tremendously. and the next thing is basically paying bills. it is covering housing costs. and sometimes it is going to get because the pandemic hit children the hardest and families are still picking up the pieces. we saw a huge spike in children's clothing that the tax credit was used to purchase right before the back to school system. so the checks came at an ideal time to support families with that seasonal need. i wouldn't be surprised to see that it goes toward holiday supports for kids as well. but we also see that some families are saving it. some of those are families who have been using to do so, good to top off the college fund, but some families are saving it who would like to spend it or could use the ability to spend it, but they are not quite certain, they are a bit wary that it is not going to be a permanent program

at the moment. and so it is important for congress to signal to families that this is a support that they can count on. january is the toughest month of the year at anytime regardless of now. and it is important to show families that this can really be a regular part of their budget for their children's needs. >> megan and richard, thank you both so much. and remind, today is giving tuesday. if you need help, ask for it. but if you can give help, please give it. speaking of things that matter, we told you yesterday that jack dorsey was stepping down as twitter ceo and while that is a big moment for the company, it is also a huge moment for representation. parag agraw ament l took over as ceo and he certainly has the credentials. he had led the company's tech since 2017. in charge of their ai and machine learning strategy. and he had internships at at&t, microsoft and yahoo!. clearly he put in the work. but his promotion is so many

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more than three months after former new york governor andrew cuomo resigned from office, we're learning more about how those close to the former governor tried to surmount the massing accusations. chris cuomo offered to reach out to other journalists in an attempt to learn if there were more women who were going to make accusations. anne thompson has the latest. >> reporter: business as usual on cnn on monday night for chris cuomo despite being back in hot water for helping his brother andrew, then the governor of new york, who was caught in a sexual harassment scandal. the state's attorney general's office releasing new text messages between the former governor's top aide and the tv anchor. melissa derosa text rumor going around one to two more people

coming out tomorrow, can you check your sources. chris cuomo responds, on it. derosa later reaching out when she heard ronan farrow was working on a story, again asking the journalist to check his sources. even before that, chris sources. even before this, cuomo was volunteering assistance, texting derosa, please let me help with the prep. cnn in a statement saying the transcripts and documents deserve a thorough review and consideration, adding the network will seek additional clarity about their significance over the next several days. the younger cuomo defending and downplaying his own role after his brother resigned in august. >> i can't be objective when it comes to my family, so i never reported on the scandal. and when it happened, i tried to be there for my brother. >> reporter: the attorney general also released video of andrew cuomo's nearly 11 hours of testimony under oath. >> do you remember asking her, saying to her, may i kiss you?

>> i don't remember saying that. >> reporter: the former governor will be arraigned in january for allegedly groping the breast of a female aide. >> i remember his hand just sliding right up my blouse. >> brittany camiso making that allegation in her interview. one of six accusers whose testimonies were made public by the attorney general's office. cuomo denied he did any such thing. >> it would be an act of insanity to touch a woman's breast and make myself vulnerable to a woman for such an accusation. >> right now, day two of the ghislaine maxwell trial is also underway, after lawyers set the stage with opening statements yesterday. prosecutors said maxwell identified and targeted vulnerable young women and then, quote, served them up to

epstein. the defense argued that she was merely epstein's employee and that she's being used as a scapegoat. the jury also heard from the prosecution's first witness, epstein's longtime pilot. joining me now, nbc news investigations correspondent, tom winter. take us inside the courtroom, tom. what was it like, what did you hear, what can we expect today? >> first, a little bit of news this morning, steph. looks like our first jury might be dismissed in this case. the jury had flagged to the judge yesterday that she had a trip, a surprise trip planned by this husband, starting on christmas eve and lasting for several days, including several days where a trial was going to be heard in this case. the judge asked if she had any flexibility in that, if the trip could be moved. it appears that that's not going to be the case. the judge doesn't want to delay the trial, wants to hold trial and hear testimony through the bulk of the holidays, with the exception of christmas and new year's eve. so it sounds like that jury is going to be off and an alternate will be placed. that's what's happening here this morning. as far as yesterday, you know,

it's been about 19 years since i first covered my first trial at this courthouse behind me. and steph, typically, over the years, as i've covered cases, prosecutors and defense attorneys that lay out, not by yelling at the jury or fire or brimstone, but lay out a case in the most dispassionate and clear manner, typically have the most success with their opening statements. laura pomeranz going into detail about the 14-year-old or alleged 14-year-old victim back in the early 1990s, who's a part of this indictment, a part of this case. she says that she met epstein and maxwell at a summer camp when she was just 14 years old, a meeting that would turn into her, in her words, a nightmare, talking about her experience, the experiences of the three other women that are named or not named in this indictment, but are referred to in this indictment. and also talking about the types of evidence and how they'll present the evidence that she says will prove their case.

for the defense, their strategy also very clear yesterday. bobby sternheim representing ghislaine maxwell, going after kind of a two-pronged approach. the first approach is that maxwell is kind of a scapegoat, essentially, in her words. and the second approach is that it comes down to money, memory, and manipulation, when it comes to these victims being very clear that they're going to go after the payments that some of these victims received. their memories, this goes back to the early and mid-1990s, and that those memories could have been manipulated either by their own civil attorneys or by information they heard over the last several years, nearly decade of reporting about jeffrey epstein. that's what happened yesterday. as you said, the pilot for jeffrey epstein, one of three, will be backed on stand this morning. we'll continue to hear testimony from him and cross-examination, as well. steph? >> tom winter, all eyes on that courtroom. stay close. coming up next, the nation's most famous golfer, tiger woods, says he's done competing

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>> clock's ticking. i'm getting older. i'm not getting any younger. all of that combined means that a full schedule and a full practice schedule and the recovery that it would take to do that, no, i don't have any desire to do that. but to ramp up for a few events a year, as i alluded to yesterday, like mr. hogan did, he did a pretty good job of it. and there's no reason why i can't do that. >> let's go right to steve patterson. steve, what more is he saying about the decision, because full-time is what seems a bit curious. >> yeah, i mean, this is clearly a guy that is managing expectations, stephanie. i mean, i think it's hard to appreciate how catastrophic that injury was, fibula, tibula, screws and pins in his ankle, doctors say that amputation was on the table. so for him to say he's coming back to the pga in any capacity is something that any other mere mortal may not do. although, this is what he's saying, although, never again at

the peak, at the very peak of the sport. and that he's at peace with that. he was very jovial in that press conference, looks great. but again, managing those expectations. if he's able to raise those, as he's able to play more and more and more, that is another conversation, but for now, he's just happy to be around the sport again. steph? >> happy to be alive. steve patterson, thank you. good to see tiger woods, at least speaking to the public. that wraps up this hour. i'm stephanie ruhle. jose diaz-balart picks up breaking news coverage right now. and good morning. it's 10:00 a.m. eastern, 7:00 a.m. pacific. i'm jose diaz-balart. and happening right now, experts around the globe are monitoring new cases of the latest covid strain that has public health officials urging more americans to get booster shots. we'll take a deep dive into what we know and what we don't know about the omnicron variant. in washington, senate democrats face the daunting challenge of