good to be with you. i'm katy tur. while midterm voters sent lawmakers a message that they want order over chaos, democracy over conspiracy, our government can't yet move past the chaos and conspiracy that infected 2020. that's because the investigations into the aftermath of donald trump's refusal to give up the office of the presidency are still ongoing and we have news on three of the fights. in atlanta, the 11th circuit court of appeals is hearing an argument from doj to throw out the special master in the mar-a-lago documents case. federal prosecutors say there's no need and no legal justification for the independent review of what the fbi seized at the president's club. we have a live report on what's happening in that courtroom and

what jack smith, not confused with the special master, says about doj's filing. also in georgia in a separate, but still related investigation, lindsey graham finally sat in front of a grand jury to testify about donald trump's alleged attempts to overturn the 2020 election down there. reporting on his more than two hours of testimony in just a moment. and finally, another separate but again still related case regarding 2020 is about to wrap up. the oath keepers trial is in the hands of the jury and we're on verdict watch. stewart rhodes and four others are charged with seditious conspiracy among other crimes. we've got reporting and analysis on what the verdict will mean across the federal government. of course, what all of this, all of these investigations, all of the aftermath of the still unshakable hangover of 2020

means for the next two years in congress. the voters after all sent a message that they want order to the. did the majorities hear it? joining me now from washington, d.c. is ken dilanian and in fulton county, georgia outside the courthouse is blaine alexander. so, ken, let's start with that hearing from doj. they say that the special master, not to be confused with the special counsel, is unnecessary. why do they think they might succeed in arguing this? >> well, they argue that the trump argument is just down right bizarre. it's gotten to the point where donald trump is arguing that the records seized at mar-a-lago, most were personal and not presidential, and therefore the special master is needed to ensure fairness. they're arguing donald trump should be treated differently in this case because he's a former

president and the doj responds that first of all, they're all presidential records as far as they're concerned with a few exceptions, but secondly, they conduct searches all the time and see people's personal records and they're not entitled to a special master except in narrow circumstances. given this appeals court has granted the doj their wishes and exempted the classified material from this special master review, there's every reason to believe this court will make this special master go away when it rules on this case. >> so jack smith has taken over the investigation. it's no longer in the hands of garland. >> he is in the netherlands recovering from a bicycle accident and having knee surgery and assembling his team. most of which he's going to be inheriting by the way, from the justice department. the career prosecutors and fbi

agents who have been working on these cases because it's a much different situation than from robert mueller. there wasn't much of a criminal investigation at that point. these investigations have gone pretty far down the track, so smith is inheriting them. what this means is the political appointees around garland no longer will have day-to-day supervision of the investigative steps in this case so that does give it a little bit of a remove from the biden administration. >> do you have any idea how he's going to operate on this? robert mueller was not much into talking to the press. james comey, obviously now. he was talking to the press too much a lot of people argued. any idea how smith is going to handle this case considering how interested the public is? >> he's a career prosecutor. justice department animal and tradition there are that you don't talk about your cases other than in court.

especially around, crime, grand jury information. but you're right. robert mueller took it a step further because there were many times in an investigation where people had stories that were just flat wrong and the mueller team just refused to correct them. so we can only hope if that happens in this case that the people representing special counsel to the justice department will at least weigh in and try to steer reporters on background. but actually, i mean, most people i talk to expect jack smith to run a pretty tight ship and if anything, the circle of information now becomes smaller so we may actually see fewer leaks about this case. >> ken dilanian, thank you very much. blaine, let's go to what's happening in georgia right now. also in georgia, there's that hearing that ken and i are referring to is happening down there, but there's also lindsey graham, who finally sat for testimony in front of the grand jury. delayed it quite a bit, but went down there today. i know it's a grand jury so it's sealed. what can you tell us about what the prosecutor down there wanted

to know from graham? >> reporter: i want to touch on the word you said there. finally. we're talking about somewhere around four months we've been watching this legal battle between graham's legal team. the fact he even did come and testify today, somewhere in the neighborhood about two and a half hours under oath is a vikt rit for the d.a. as for what he spoke about, yes, we're not going to find out. it's a secretive process, but we know what she wanted to ask him about and some of the things that are at the top of the list are a couple of phone calls the senator made to secretary of state brad raffensperger in the days following the 2020 election. he was asking about absentee ballots and whether they could be counted against in a different way and what that could mean in terms of a different outcome for president trump. now, graham has argued he was just doing his job as a

lawmaker. just on a fact finding mission and that's something he does as a senator, but the d.a. is going to be questioning him. this was happening at the same time the former president was publicly bemoaning and calling into question the results here in georgia. >> all right. blaine. we're going to wait for the results of that one. let's also now as we're going through all these investigations, turn to what's going on with the oath keepers and bring in ryan riley. again, all separate investigations, but all related because they have to do with what happened in the aftermath of 2020. much of it on january 6th. oath keepers, seditious conspiracy. it's in the hands of the jury. get us up to speed on how things were left. >> they've seen a lot of evidence in this case. it's a lot for them to review and go over. we don't necessarily think

there's going to be a quick turn around. they're probably going to deliberate today and potentially, i think we could see a verdict middle of next week, end of next week depending on how quickly they go through this. the justice department hasn't proven the oath keepers had a preorganized plan to storm the u.s. capitol on january 6th. instead, what they've alleged is this conspiracy to stop the peaceful transfer of power through any means possible up to and including using violence. they essentially seized that opportunity when the mob stormed the capitol on january 6th and that was their moment. that's when a number of them went inside the u.s. capitol. now, stewart rhodes tried to communicate messages to donald trump during, before the january 6th attack and in fact after the attack saying that he was asking donald trump to invoke the insurrection act, to call upon his militia and use the oath keepers to help donald trump to stay in office and stop the peaceful transfer of power to joe biden. so some really extreme

accusations against the oath keepers here, of course, and some serious charges. a big ace for the justice department. very rare for seditious conspiracy charges to be brought. it's a civil war era statute that's only used very rarely. it's been decades since a case was brought to d.c. for example. last time we had a jury across the country take up a seditious conspiracy case was more than a decade ago. so it's certainly something that's very rare and it's a big shock for doj and so there's a lot riding on this and it could determine the trajectory of this investigation going forward. you know, there's obviously another oath keepers conspiracy case coming up then of course the proud boys will be up after that. so a busy docket for the next several months for january 6th cases here. >> ryan, thank you very much. also new reporting on a man who was just arrested by, for threats to christopher wray, the fbi director and john gar mindy.

>> this was a man who's had some mental health issues. from looking at his facebook page and some of the information included with the fbi affidavit, he was into a lot of these conspiracy theories and child sex trafficking. a big part of the qanon movement. this was an individual who left messages on this congressman's voice mail and then left threats on the fbi's facebook page in a live stream of chris wray. not the best move to leave those on the fbi's facebook page because that's somewhere they might definitely see them. >> neil matthew walter, a man in his 30s, charged with transmitting an interstate commerce communication containing a threat to injury of a person to another. thank you very much. joining me now is msnbc legal analyst, lisa ruben.

i know we're talking about separate charge that i just spoke with ryan, we're talking about three separate investigations. the oath keepers, mar-a-lago documents, the efforts to overturn the election in georgia. those are three separate things, but all fall under the headline, donald trump's refusal to give up the office of the white house after he lost the election in 2020. what are you watching for? >> i'm watching to see whether the trump legal team continues to do some of the things that they just did today. and that is to try and throw these hail marys to distract from what law enforcement is trying to do. so today, team trump filed a motion to unseal the search warrant affidavit. that might be an indication they expect to lose that 11th circuit appeal. if the special master process ends, theoretically, donald

trump and his legal team will have to return all of the materials that they got through that process. that means they would have to return essentially the evidence that the department of justice has collected and shared with them for the special master process. how then do they get some insight into what the special counsel aided by doj officials is doing? they get the affidavit. so they're not going to stop in trying to get a couple of steps ahead of the department of justice because they know the department of justice, special counsel, bonnie willis' office are not going to be deterred. >> how might jack smith be watching over these cases now? he did review the filings in the litigation in this doj effort to get rid of this special master and he approved the arguments that had been presented in the briefs and will be discussed in the case. so he has his sights on this even though he's recovering from an accident overseas right now.

>> that's right. and i also expect that jack smith's appointment, while signed on november 18th, was probably sometime in the -- and his security clearances have already come through or about to. that means jack smith as special counsel soon will have if he doesn't already, access to a bunch of materials that you and i and every other member of the media would desperately like to see. that is the classified documents, for example, that were seized during the mar-a-lago search. that will give him some insight the rest of us lack as to where this investigation is going and how strong some of the charges against former president trump could be if they proceed for example on the espionage act, which covers materials relevant to the national defense or obstruction of justice. we know that former president trump took essentially classified documents and intermingled them with his personal affects. whether news clippings or his

razors. that may be something that the department of justice said it wasn't accidental. that's information that jack smith will hopefully be in possession of soon so he can progress these investigations and complete them as merrick garland said last friday. >> let's talk about oath keepers. how consequential will a verdict in this case be? is it going to be a big deal for the government if they're not found guilty of seditious conspiracy? >> i think it will be a huge deal for the government if they're not found guilty. seditious conspiracy charges are brought extraordinarily rarely and that's because when they have been brought, they haven't always succeeded. barbara queue knows that firsthand as the u.s. attorney for the eastern district of michigan. she brought one of the last seditious conspiracy cases and that one did not end in a conviction. so to the extent that the

department of justice loses on the seditious conspiracy counts, even if they went off others, it will set back efforts to charge seditious conspiracy, for years to come. if not for decades. >> lisa, thank you very much. now let's talk about the political ramifications after all these investigations and what it means for the next two years in progress. we're talking a lot about hearings and what the republicans might bring. so garrett is here. we touched on some of this yesterday and it's a conversation that i think is worthy of a bit more discussion. the voters said we don't want anymore of this chaos. they didn't vote in a giant red wave. they kept democrats in power in the senate. that message seems clear. is that being heard by the new majority in the senate? in the house? >> not entirely in the house and here's why. it's heard inconsistently across

districts. we saw a few incumbents in safe districts lose. you saw few lose across the board and what you're going to have happen in the house is the committees that are traditionally and this goes back congress after congress, oversight and judiciary, they're stacked with the most partisan members. those committees are going to want to pursue investigation. these are people who are pretty safe when it comes to re-election. the folks you see lot of on cable television and can be like a dog with a bone when it comes to investigation and they want to show hard core partisans on their side that they are doing the leg work for them. so i think we're going to see exactly that happen in the house. we've already seen it previewed with investigations into hunter biden being discussed just last week. they're going to be aggressive in investigating members of the biden administration and family. where it gets problematic for

moderate house republicans and the body more generally is if those investigations spill out into the rest of the chamber. like an impeachment of a cabinet official or of president biden. there are tons of members in that moderate center of the republican party who don't want to be spending their time on an impeachment. don't want to have to defend it and have learned the lessons of history. it could be bad for your party. just ask the republican majority when bill clinton was impeached. >> the front line democrats said hey, listen, if you go as progressive as the progressive party wants to go, it's going to be really difficult for us to keep our seats and some of those front line democrats lost. some of them. you have a number of front line republicans in these blue districts. it's not necessarily a recipe to maintain your majority if you're going to go after these show hearings or what could feel like show hearings.

if you're a republican. >> they're going to have to keep their base happy. try to pass bills that can be picked up in the senate to look look they're addressing issues these moderate members ran on. people who won seats in arizona or new jersey or new york for that matter, where republicans gained four seats so far. they need to be at least caught trying to address issues like inflation and crime in ways that appeal to the swingy voters who put them in place in the first place. whether they can work hand in glove with the democratic majority is unlikely but they need to look like they're addressing those issues. if all it looks like the republican house is doing is running investigations, they're going to be in a difficult position next election. >> thank you very much for joining me. and still ahead, three serious viruses are crowding pediatric

icus. if you have a kid right now, you know all about this because it's going around. they're also maxing out hospital resources. what doctors say you and your family should do ahead of the holidays. and an arizona official, a lifelong republican, is in an undisclosed location today because he's been threatened ore his handling of the 2022 election. what officials in arizona are saying about the security risks once again to elections officials. first up though. faces and names. who was lost in the club q shooting. n the club q shooting tide pods ultra oxi one ups the cleaning power of liquid. can it one up whatever they're doing? for sure. seriously? one up the power of liquid, one up the toughest stains. any further questions? uh uh! one up the power of liquid with tide pods ultra oxi. (woman 1) i just switched to verizon business unlimited.

it's just right for my little business. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today. (woman vo) sailing a great river past extraordinary landscapes into the heart of iconic cities is a journey for the curious traveler, one that many have yet to discover. exploring with viking brings you closer to the world,

to the history, the culture, the flavors, a serene river voyage on an elegant viking longship. learn more at viking.com (woman 1) i just switched to verizon business unlimited. it's just right for my little business. viking longship. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger.

here's brand-new video of the suspect in the club q shooting being arrested last year for making a bomb threat that evacuated an entire

neighborhood. it's the first time we've seen any image of the suspect. police have yet to release a mug shot. we've also learned a lot more in the past 24 hours alone about what it was like inside club q from the survivors. >> i saw a person coming in and saw them holding a rifle or a gun. looked like a long gun. the pops kept happening so i jumped beneath the bar and as i did that, glass was flying all around me. >> flipping the table, i looked at her and pulled her down and yelled in the room, everyone get down. >> i could hear people calling for tourniquets and the lady next to me was shot pretty badly. and we were trying to keep her breathing. >> to those guys who took down the shooter, we're so grateful, truly. because i think without them, it would have been much worse.

it is really bad, but i don't know if i'd be sitting here today. >> would have been much worse. one of those people with richard fierro, an army veteran, who in his own words went into combat mode and disarmed the shooter. >> your first instinct as you see him is to rush him, take him down. >> my whole family was in there. who's not going to go save them? or do what they can to stop somebody from hurting them. and i failed at that. one is not here. i just did what i had to do for my kids. if somebody's walking their kids on the street and something's about to happen to them, that's what they do. i didn't do anything special. took care of my kid, my wife, my friends. he tried to kill my family. i don't know who he is. don't care. i want to see him in court if he makes it there. i hope whatever jail he does serve is in the hardest jail you

can serve in because hey, man, you tried to kill my family. >> you can watch more from that on nbc's nightly news and joining me from colorado springs is priscilla thompson. we should also note fierro had the help of a drag queen inside of that club who he called over and she stomped on him with her heel. the shooter. the alleged shooter. we've also seen that new video of him being arrested last year because of a bomb threat. where do police stand on this investigation? an update on when we're going to see a processing, when he's going to get out of the hospital, anything like that? >> we were expecting an update from police in the last hour, but they tweeted just a short while ago they do not expect to release more information until monday. in that tweet, they say there are judicial proceedings

underway outside of our control. so we're working to better understand what might be going on there, but we know the suspect remains in the hospital right now. he is under arrest on suspicious of five counts of first degree murder and five counts of bias motivated crime. the district attorney says that after he's released from the hospital, he will appear in court virtually then the d.a. will move forward with officially filing those charges. so we could see charges change or even potentially be added. and i want to pick up on the point you were making about fierro. we are getting a bit of clarification. he now says there were actually three people who helped to subdue the shooter. it was him who grabbed the shooter and pulled him to the ground then got on top of him and began hitting him with the shooter's own handgun, but there was a second person that kicked the ar 15 away and helped to beat the suspect. there was a third person wearing high heels. there's a bit of a question at

this point about whether that was a performer or just someone at the club wearing high heels who also jumped in and kicking the suspect there. so again, continuing to learn information about what happened as this investigation continues, investigators still here at the crime scene combing that crime scene but keeping very tight lips at this moment about some of the pressing questions that a lot of folks here are wondering about. >> fierro said it was a performer, but thank you for that clarification. it's really hard to sort things out when you're in the heat of the moment. fierro had said the suspect was bigger than him and now that we've seen that video from last year, the ring video of him getting arrested, we can see he is a large man. priscilla, thank you very much. thanks for staying on this story for us and joining me now is chris brown. the president of brady. one of the country's oldest gun violence prevention groups. chris, if we want to look at the last 20 or so mass shootings,

maybe even more than that. we're going to see one thing in common. they were all either an ar 15 or ar 15 style weapon. we're still having this conversation about what the damage that this one single type of gun can do in a short amount of time. police got there in six minutes but if it wasn't for the patrons, fierro and the others who got the guy to the ground and disarmed him, it would have been a whole lot worse. six minutes is a long time when you have a long gun. >> it's a very long time, katy. and let's not forget that the ar 15 assault style weapon is based on the m 16, which was designed as a weapon of war used by soldiers in vietnam. it was designed to kill as many people as possible as quickly as possible. the bullet velocity itself when it rips through your body, when

it makes contact with your bood body, makes it almost impossible to survive being shot by an ar style weapon and of course the speed with which the bullets emerge are much faster than a handgun. it is for that reason we see those types of firearms as the mass shooter weapon of choice. we need to reinstate an assault weapons ban. the house of representatives passed it. it's pending now in the senate. the senate needs to act on that and states like colorado can't wait for congress to act. colorado does not have an assault weapons ban in place and it should, so there are a lot of questions being asked today and you're right to ask how did someone like this with this history have such easy access to a weapon of war. >> clearly, he's got some sort of mental issue. and that's not excusing it. that's not saying anything. he's got some hate in his heart,

whatever it was allegedly. who was able to get one of these weapons and there are red flag laws in colorado and there are big questions about what the red flag laws do because as we saw a moment ago, he was arrested last year on an attempted or a bomb threat. here's the video of it. >> i saw that, katy. i think we're asking all the right questions there, i just would push back a little. red flag laws do work. the way that they work though is that communities and citizens depending on the law, certainly law enforcement and healthcare professionals are educated about what needs to happen to seek an extreme risk protection law. if you don't put the money into that education, you will find many fewer of them being enacted. and just one other point that i think is really important that i have questions about. apparently, the shooter lived in

el paso county. a county in colorado. el paso county passed what's called a second amendment sanctuary act. over 1100 counties in this country, including more than 60 in colorado have passed that and they basically stand for a proposition, it's a sense that the county doesn't want to enforce gun violence prevention laws so i have a real question as to what actions were taken to seek an extreme risk protection law, which was in place in colorado and i want to know if one wasn't sought, why not because just based on the recording and being fairly familiar with this, this is exactly the kind of evidence pursuant to which courts in most states would issue protective order and remove guns from this individual. >> that's really interesting. questions that are going to need answers from law enforcement in that state. kris, thank you very much. and surging cases of covid, the

flu, and rsv. what you need to know before you gather with your friends and family a couple of days from now. and an arizona official is in an undisclosed location after getting death threats over the 2022 election. what is going on? stay with us. 2022 election. what is going on ayst with us i've never been healthier. shingles doesn't care. but shingrix protects. proven over 90% effective, shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. ask your doctor or pharmacist about shingrix today. (woman 1) i just switched to verizon business unlimited. it's just right for my little business. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal.

so switch to verizon business unlimited today.

we are grocery outlet and we are your bargain bliss market. what's bargain bliss? you know that feeling you get when you find the name brands you love, but for way, way less? that's bargain bliss. and with thanksgiving right around the corner,

we want you to save big. that's why at grocery outlet, we are offering you $21 off your holiday turkey with in-store coupon. that's as low as .53 cents a pound. now, that's savings to be thankful for. so hurry in because this deal is only available while supplies last. ♪ grocery outlet bargain market ♪ (woman 1) i just switched to verizon business unlimited. it's just right for my little business. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today. get early access to wayfair's black friday sale. save on seasonal decor from $30. washable rugs up to 80% off. and living room seating up to 65% off. search, shop, and save at wayfair!

♪ wayfair you've got just what i need ♪ an arizona elections official and lifelong republican was moved to an undisclosed location because of threats to his life. bill gaetz continues to post updates in maricopa county. he also continued to post videos like this one explaining the election process to anybody who might have had concerns, but at a press conference today, the maricopa county sheriff announced he and his family were taken to a safe location over the weekend while threats against him were investigated. joining me now is the arizona republican county watchdog reporter, sasha hopka. thank you very much. what do we know about this? >> thank you so much for having

me. maricopa officials have been facing battles on multiple front. first over the weekend, they got a letter from the arizona attorney general's office. there was a leaked portion of a call from lake's campaign and one of the top lawyers. they've also got people calling them liars. saying the election was rigged and so on and so forth. largely over the speed of counting ballots. and what we saw was a broad range of threats. one forced chairman gates into leaving his home and spending a night in an undisclosed location. he said he is safe and a sheriff said his removal was out of an abundance of caution. the threat that was directed at

gates came via social media. besides that, we don't have a lot of details on what that front was. but what we know -- >> sorry to interrupt. you're reporting he's no longer in hiding? >> yes. he's no longer in that undisclosed location, to be clear. >> got it. the environment in arizona clearly if authorities were taken that abundance of caution, is got to be pretty hostile and then you have right now, kari lake, who was feeding all sorts of ideas that the election was going to be rigged if she lost before the election now basically saying that all over again. here's what she posted on facebook yesterday about her loss. >> the 2022 general election in arizona was botched and broken beyond repair. thankfully, the attorney general's office is demanding answers from maricopa county. the attorney general is taking the first steps necessary to

remedy this assault on our democracy. >> what's she talking about? what's this ag stuff she's talking about and who's the ag now? >> so the ag is mark don veitch, a republican. there is an attorney general's letter to maricopa county requesting a formal response about the county's election day printer problems, which i believe is what she's referring to there. what we really know here is that maricopa county officials in general, but also just election officials across the country, have seen a slew of threats ever since 2020 and nobody seems to think that's going to slow down anytime soon. none of my sources at least. >> just remember what we heard from the january 6th testimony from elections officials in arizona, the threats they faced there and how scary it has been. it seems like it's not going away. sasha, thank you very much. and they are already facing a deadly war. now they are potentially facing

a deadly winter. what energy officials are telling ukrainians that they should do right now. plus, it is his last white house briefing. what dr. anthony fauci just warned the public. public. greath . for more on the new boss, here's patrick mahomes. incredible - meatballs, fresh mozzarella and pepperon- oh, the meatball's out! i thought he never fumbles. the new subway series. what's your pick? (woman 1) i just switched to verizon business unlimited. it's just right for my little business. i thought he never fumbles. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today.

(woman 1) i just switched to verizon business unlimited. it's just right for my little business. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today.

see, we know that it is effective so my message and my final message may be the final message i give you from this podium is that please, for your own safety, for that of your family, get your updated covid-19 shot as soon as you're eligible to protect yourself, your family, and your community. >> making good use of his last chance at that podium in what is likely dr. fauci's last briefing there before his retirement. he was warning about a tripledemic of respiratory illness this holiday season and he called on everyone to get boosted. also get your flu shot.

hospitals are already bracing for what could come after families gather for thanksgiving and experts are warning that there could be shortages of key medications used to treat common illnesses. so again, get boosted, get your flu shot. protect yourself and your family. nbc's stephanie gosk has been following this story for us and here she is with more. >> reporter: the country's on the move this week for the holiday and so are a host of viruses. the flu, rsv and covid. thanksgiving plans hang in the balance as people grapple with getting sick. hospitals across the country are being pushed to the limit. emergency rooms are filling up with cases of covid-19, the flu, and rsv. the respiratory virus that can make children under a year old extremely sick. >> there have been days when we have had 30 to 40 children waiting in our emergency departments waiting for an inpatient bed and that's

unprecedented. >> reporter: in new england, cases of rsv are down, but flu is up. some hospitals in boston say their pediatric icus are maxed out. the back up begins in the emergency room. >> we have large numbers of parents in the emergency department awaiting a bed, many for 12, 24 plus hours. >> reporter: maxwell shoe man waited for a bed. his parents both healthcare workers noticed he was struggling to breathe. >> he was coughing. wasn't eating and he had a silent cry. >> you could see him physically crying, but he wasn't making a sound. >> reporter: he was admitted to the cleveland clinic and quickly intubated. he went into respiratory arrest and was stabilized and is now recovering at home. you saw a hospital system stretched really thin. does this make you concerned? >> it worries me from people who don't live a couple of minls away from a world class hospital that we had to wait so long for

an ambulance and bed. >> reporter: another complication, a national shortage of drugs like amoxicillin. >> parents are very frustrated because they have to call or go to a number of pharmacies before they can find the medication. >> the advice from doctors, take a rapid test before getting together with family. consider wearing a mask if you are vulnerable. increase ventilation and stay at home if you are feeling sick. hospitals are strained from coast to coast. we reached out to the children's hospital in seattle. they have been at 200% capacity all month and at times, surges to 300%. >> oh, god, that poor little baby. stephanie, thank you very much. be safe. take care of your family. and ukrainian officials are warning of widespread energy shortages this winter.

millions of people have no power because of energy strikes. the world health organization says the plummeting temperatures and shortening days are creating what they're calling a life threatening situation. joining me now from kyiv is elson barber. what is it like there? >> reporter: you just think of all those numbers that you mentioned. ten million ukrainians without power right now. the world health organization in their warning today said not only is this going to be a life threaten situation for many ukrainians, they say between two and three million ukrainians will likely leave home this winter to seek safety and warmth either in other places within the country or outside of the country and that's in addition to the 6.5 million people who are currently internally displaced in this country. that number according to the

u.n. so all of this is making what is an incredibly difficult situation for ukrainians a lot worse. energy officials have said russian missile strikes, particularly a barrage that took place on november 15th, have pretty much damaged all of the critical infrastructures in this country. one energy official was warning people today that they should prepare to see power outages like the ones they're experiencing now through march. he said now is the time to stock up on winter supplies. extra blankets, coats and look at other options if you can. for some people, evacuating is not necessarily going to be an option. i was talking to contacts with the u.n. partnering with a number of organizations here. kind of racing the clock, trying to reach people who are particularly vulnerable. the elderly. people who have disabilities that physically can't leave even though they should. you look at a place like kherson where we saw so much celebration

when it was recently liberated. now, the deputy prime minister said they were working on routes to evacuate citizens because the infrastructure is so damaged that if a lot of people don't leave, they'll die because of the conditions this winter. >> really scary situation. the war, the cold. thank you very much. at least 268 people are dead after a 5.6 magnitude earthquake in west java province yesterday not far from the capital of the country. the quake hit yesterday afternoon and while 5.6 is not the largest of earthquakes, it did trigger landslides. it's monsoon season down there so the earth is wet. local officials say the majority of the victims are children. many of them heading home from school. more than 22,000 homes were destroyed. thousands are displaced. they're living in temporary

shelters and tents right now. and more than 1,000 people are injured. 151 are missing. search and rescue efforts are underway as we speak. coming up next, we've got breaking news just in the last couple of minutes. what the supreme court just decided on donald trump's tax records. don't go anywhere. d on donald t records. don't go anywhere. business unlimited. it's just right for my little business. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today.

hi, my name is tony cooper. and if you have both medicare and medicaid, i have some really encouraging news that you'll definitely want to hear. depending on the plan you choose, you may be eligible to get extra benefits with a humana medicare advantage dual-eligible special needs plan. all of these plans include a healthy options allowance. depending on the plans available in your area, you could get up to

$1800 a year to help pay for essentials like eligible groceries, utilities, rent, pet care and over-the-counter items. other benefits on these plans may include free rides to and from your medical appointments. and our large network of doctors, hospitals, and pharmacies. so, call the number on your screen now and ask about a humana medicare advantage dual-eligible special needs plan. better care begins with listening. humana. a more human way to healthcare. breaking news from the supreme court. donald trump's last ditch effort to block the release of his tax records to democrats just got shot down. the high court says the committee, those house democrats, can now try and access the tax documents ahead of the republican house takeover

in january. joining me once again, garrett. we missed you so we brought you back. give us an update on this. >> this is a saga that goes back almost to the beginning of democrats retaking control of congress after the 2018 election. at that point, the ways and means committee went after these tax returns. the committee has a right to get these. they have argued it through every hoop in the judicial process. this latest decision from the support ends really the one last move donald trump had here to avoid handing these tax returns over. he had appealed asking for a stay, asking to block to order. here you have this unsigned, no explanation given from the supreme court to throw out that effort by donald trump. he will have to turn these records both tax returns and other financial records, over to the ways and means committee. the challenge now for the committee is they only exist in this format for another six weeks or so before they will be reconstituted with a republican majority who would likely then

drop this issue entirely. so now we might just get the technical issue, how quickly can the committee access these records and make this information public remains to be seen. we're reaching out to the richie neil and other members to see what the next steps are going to be because legally speaking, judicially speaking, there are no more options for donald trump to delay. >> no more options for him to delay so how quickly can they just hand over those records. do they have them in order and can they do it within six weeks? thank you very much. giving a strong pete williams vibes with that coat on today, sir. >> when you have a bulletin, you go to the bulletin camera with or without your coat. it's a pete williams rule. glad to be following it. >> you did it well, my friend. thank you.

and that is it from me today. hallie jackson picks up our coverage next. hallie jackson picks up our coverage next. don't pay for water. pay for clean. it's got to be tide. (woman 1) i just switched to verizon business unlimited. it's just right for my little business. unlimited premium data. unlimited hotspot data. (woman 2) you know it's from the most reliable 5g network in america? (vo) when it comes to your business, not all bars are created equal. so switch to verizon business unlimited today. before we begin, i'd like to thank our sponsor, liberty mutual. they customize your car insurance, so you only pay for what you need. and by switching, you could even save $652. thank you, liberty mutual. now, contestants ready? go! why? why? only pay for what you need. ♪ liberty. liberty. liberty. liberty.♪ psoriasis really messes with you.

try. hope. fail. no one should suffer like that. i started cosentyx®. five years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting get checked for tuberculosis. an increased risk of infection, some serious and a lowered ability to fight them may occur. tell your doctor about an infection or symptoms or if you had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reaction may occur. best move i've ever made. ask your dermatologist about cosentyx®. as a business owner,

your bottom line is ask y always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network. with no line activation fees or term contracts. saving you up to $500 a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities. ™ so a couple of throwdowns in court as we're coming on the air with the justice department pushing for the mar-a-lago special master to be pushed out with lawyers for former president trump hoping to convince a federal appeals court to keep him on. and georgia where lindsey grahams is now saying he