case the jury didn't indicate which counts they were struggling with let's get straight to cnbc's scott cohn, live at the courthouse for us in san jose, california scott, what happens now? >> well, kelly, we just got word a short time ago there will be a verdict. it will be read about ten minutes from now but it appears it will be a partial verdict that after, as you said, the jury said once this morning and again just a short time ago that they are deadlocked, they say, on three of the counts we do not know which the three counts are but judge edward avila sent them back to complete the verdict form it looks just like this. they're filling that out now as we speak now, remember, ee lizabeth holm is charged with 11 counts for fraud and conspiracy two counts of conspiracy, one count to defraud theranos investors, one to defraud theranos patients and nine counts of wire fraud if there are three counts that are separate from those, and this is just theorizing, we'll know this in a short time, there are three counts of wire fraud against theranos patients. we don't know if those are the ones we

thank you, scott cohn. >>> we're going to bring in dr. natalie azar, msnbc medical contributor and nyu rheumatologist. we have tomorrow when we'll see many americans returning to work. also school after the holiday break. so with this surge right now across the country and omicron cases, how much will a return to normal routines perpetuate the surge? does it have to naturally run its course and last question, so you can answer them altogether, any advice than what anyone should already be familiar with when it comes to covid? >> well, you know, certainly, alex, i think that there is a possibility that we're going to see a significant amount of population immunity having had so many omicron infections in the last two weeks, let's say, and also preliminary data that having had omicron could protect you against infection with delta, which, if true, would be really quite amazing because thus far, the data does appear to show that omicron causes less severe illness. regarding returning to normal, you know, certainly i can think of multiple exa

mayor sam scott cohn now with reaction to the proposal. >> san jose is one of the hundreds of americanmunities rocked by mass shootings nine people killed and the gunman taking his own life had at a municipal transit rail yard last summer and that's in america's tenth largest city for san jose mayor sam liccardo said enough is enough. we must do whatever we can within our power to prevent another family from experiencing yet another devastating loss >> his local solution, require all gun owners living in the city to carry liability insurance and require them to pay an annual fee to support a new non-profit organization aimed at reducing gun violence liccardo likens the insurance provision to the requirement that car owners carry auto insurance, and the new nonprofit funded by gun owners can help reduce gun violence, but gun rights advocates are vowing to challenge the ordinance in court >> most importantly, they will not stop gun violence. >> the city council has received dozens of letters and messages ahead of the meeting many calling the ordinance unconstitutional this is an attack o

on the covid watch for us this hour, nbc's liz mclaughlin in north carolina, scott cohn joins us froma. and many states across the u.s. are seeing record covid cases. north carolina is certainly high on that list, liz. so i know you're in charlotte, where the covid positivity rate is more than 30%. let's talk about that, things have gotten worse, it seems, since the new year's. >> reporter: absolutely, alex. sad to say, doctors that i've spoken with say that they're overwhelmed and under staffed. they described it as a tsunami of cases, not just here, but nationwide. let's take a look at those numbers really quick. we're edging towards 60 million confirmed covid cases in the u.s. and around 840,000 deaths. americans have died from covid-19. new case loads are really nearing or surpassing in some areas pandemic records. so many parts -- i mean, just look at this map. most of it red here. we're seeing a spike over the last two weeks in most states. and that does not spare north carolina here. that is part of that red. now, the death rate is relatively steady right now, but hospitalizati

let's go to nbc's scott cohn outside a wastewater treatment plant in san jose. collecting and how they want to use it. >> reporter: yeah, alex, this is the san jose, santa clara regional wastewater treatment facility. it serves about 1.5 million residents in eight cities. in there is exactly what you think it is, and don't worry, it doesn't smell quite as bad as you might imagine. this is becoming a very important tool in tracking the coronavirus. they are doing this in 12 cities, and they are finding that it foretold the omicron surge, and it is continuing to give them realtime data. it's not the first time that they've used wastewater to track pathogens. they do this with polio around the world all the time, but it's believed to be the first time they've used it for a respiratory virus, and they say that this could now be part of the public health toolbox. >> we know that right now in particular, it's been difficult to get tests in many places, so both because this is something that shows up in the wastewater early in the course of infection and because it's so

but it almost certainly, shep, will not be the last word. >> scott cohn live tonight in san jose >>>, a second police officer in new york city has died days after a gunman in harlem shot him and at the same time killed his partner. the city's police commissioner said he died today after he was seriously hurt in the shooting on friday. his name, officer william wilbert mora the police commissioner says mora is a three-time hero for his service, for sacrificing his life, and for donating his organs nypd officials say officer mora and his partner, officer jason rivera, responded to a call at a harlem apartment a woman was asking for help with her adult son. they say when the officers got to the apartment the gunman threw open a bedroom door and shot the officers in a narrow hallway. a third officer shot the suspect and he tried to leave the apartment. the alleged killer died from his injuries yesterday >>> we're in the middle of a national blood crisis yet rules that doctors call outdated are preventing some people from donating now, calls for change, but those same doctors calling for

scott cohn on the details of the case >> britney spears may be free from her conservatorship but freedpears filing court papers demanding britney's estate pay his legal fees to wind the conservatorship down payment of jamie's fees from the estate is required regardless of the unsupported ad hominem vitriol lodged at him. that drew lots more vitriol from britney's team, a filing accusing jamie of mismanaging, abusive and bullying conduct toward britney, including invading her privacy with surveillance that extended to her bedroom. it claims jamie has already enriched himself to the tune of $6 million from his daughter's earnings even using some of the money to try to develop a cooking show for himself, and he shouldn't be entitled to a penny more in his filing, jamie says he consistently acted with the best interests of his daughter in mind it's not the only family member britney is feuding with. sister jamie lynn out with a tell-all book and promoting it this interview on ab krrb. >> how henny times can i take the steps without, you know, she has to walk through the door >> team britne

nbc's scott cohn is joining me with more. thank you.gh what you are seeing there. >> reporter: sure. it's difficult as you say and difficult across the country no matter what the protocols are. here the districts require testing but tests are hard to come by so here in san jose they had 800 absences in the last week. that's students and staff or 3% of the school population which gets to be difficult particularly with individual classes with double digit absences. they manage to keep the doors open and the classes going but elsewhere is more difficult. in oakland and san francisco where teachers are concerned about the protections in the school districts the teachers sage sickouts in san francisco. they staged a sickout that left about 20% of the staff gone last week as you see the disruptions nationwide and we'll get to in a moment. but in san francisco that 20% teachers out of school left the superintendent teaching middle school. >> many times when schools have a situation they cover in-house but not with numbers like that so we deplo

scott cohn. >>> coming up, we've heard 2022 is when supply chain crunch is supposed to ease up.und? ahead of the port of los angeles will tell us next. >>> and there you have it. woah. wireless on the most reliable network nationwide. wow. big deal. we get unlimited for just 30 bucks. sweet, but mine has 5g included. relax people. my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one-upping itself. take the savings challenge at xfinitymobile.com/mysavings or visit an xfinity store to learn how our switch squad makes it easy to switch and save hundreds. . >>> in 2022, we're expecting to see at least some relief from the supply chain issues that have dogged the economy since the start of the pandemic. but the explosion in omicron cases could be complicating that, too. joining us is gene siroco, the executive director of the port of los angeles gene, it's good to see you again, thanks for being with us this morning >> you as well, good morning, becky, happy new year. >> happy new year. why don't we start with

scott cohn is in santa clara at the home of the 49ers hosting the texans.ccinated san francisco have managed to only have one player all year test positive. >> reporter: yeah. that one player is the punter who is back after testing positive for covid in part because of those reduced isolation protocols and he's getting a bunch of work today with no score in the second quarter between the 49ers and the houston texans but there is a league wide definite surge with 100 players in the last week going on the covid reserve list. the nfl is trying to keep things together with two weeks until the playoffs but it is tough. carson wentz back. not enough to bring them to a win. they lost to the l will have raiders. kirk cousins of the vikings out for the matchup tonight with the packers. sunday night game. so they're trying to keep this together. 49ers from san francisco and play in santa clara did relatively well in part because they had this situation last year they couldn't play in the stadium because of the santa clara county covid protocols and now the team is no

nbc's scott cohn joins us from california where he is tracking this story. the country. this store seems well stocked but that's not the case elsewhere. and really it's meaning in places that trip to the grocery store is a lot more complicated. >> it's ump. there's little food. the shelves are pretty bare. >> first time coming in here and not finding some things that i'm looking for. >> reporter: the immediate concern is of course the omicron surge which depleted the workforce why that's a big deal. also some severe weather but experts say there are longer term issues like worker shortages, shortage of truckers and many ways this could change the way we shop. >> the best advice is don't panic or hoard. that just exacerbates the problem. number two is this is going to be a reality for us. do we really need ten varieties of ketchup on the shelves? >> reporter: he also says get used to this because we could be dealing with short ands like these for potentially another year. aaron? >> all right. ave been warned. scott, thank you. >>> turning now to this week's s

joining me with more on this is scott cohn from levi stadium. in terms of residents there. 4 out of 5 residents in san francisco county are fully vaccinated against covid. so is that giving fans comfort as they head into the stadium there? >> well, you know, clearly based on the crowd that's here, there doesn't seem to be a whole lot to be concerned with. you should know, though, levi stadium is in santa clara, not san francisco. so they do not have any vaccine mandates here. they encourage people to be vaccinated. masks are required in indoor areas of the stadium but other than that, they are operating pretty much at full capacity. and you know, none of this, whether it's covid, omicron in particular, or relatively chilly temperatures by california standards, none of that seems to be keeping fans away. >> it's outdoors. most of the activities were socially distanced. the person i brang, my son, we both have covid vaccines. i'm boosted. i'm a little bit older than him. so i feel safe in the environment. and most of my section actually wears mask

question in the mean stim what will silicon valley take away from her conviction here's cnbc's scott cohn. >> reporter: elisabeth holmes had the secret ingredient in transforming health care. >> i've always thought the true legacy of silicon valley is to build great products that can make a difference in the world. >> reporter: never mind that it didn't really work here's holmes on a 2013 call raising funds and investors not exactly asking tough questions. >> hi, how are you >> good, good, congratulations on all this progress. >> well, thank you >> elizabeth, you mentioned that you might have some additional equity rounds that are coming up can you give any indication of how much money you want to raise? >> holmes raised close to a billion dollars that way from the likes of rupert murdoch and the family of former education secretary betsy devos but jurors were not so impressed convicting her of fraud former employee tyler schultz and whistle-blower says the silicon valley fake it until you make it mantra can't apply to health care. >> at the other end of that product there's a real person

scott cohn is inv sunnyvale, california. >> reporter: we are dealing with the issues of omicron whichted labor levels and the severe winter weather and will ease at some point but we are seeing some real big issues and spotty across the country. here in sunnyvale this market is well stocked but nationwide from the consumer brand association shows while normally 7 to 10% of items out of stock we look at twice that. it is going on at various sorts of products and means that the regular trip to the grocery store may be more complicated than usual. >> the only milk i can get is bottles of fat free. >> it is just unfortunate. there's very little food. you know? the shelves are pretty bare. >> first time coming in here and not finding some things that i'm looking for. >> reporter: the national grocers association says get used to this for the time being why while there's plenty of food in the supply chain we anticipate consumers to experience support attic product categories. it could be another year to year and a half before some is worked out. these supply chain shortages mean pressure on

. >> nbc's scott cohn in san jose, thank you so much. >>> could the simplest idea be the most effective in ending poverty? half a century after martin luther king jr. floated the idea of guaranteed income, black women in his birth place of atlanta will soon be receiving monthly cash payments. we have more on that next. paym. we have more on th natext. you don't get much time for yourself. so when you do, make it count with crest pro-health. it protects the 8 areas dentists check for a healthier mouth. the #1 toothpaste brand in america. crest. ♪ ♪ ♪ ♪ tums vs. mozzarella stick when heartburn hits, fight back fast with tums chewy bites. fast heartburn relief in every bite. crunchy outside, chewy inside. ♪ tums, tums, tums, tums ♪ tums chewy bites why does walgreens offer prescription copays as low as zero dollars? ♪♪ so you won't have a medicare in the world. ♪♪ fill your medicare prescriptions with walgreens and save. (vo) verizon is going ultra! and so is manny! event planning with our best business unlimited plan ever! with 5g ultra wideband now in many more cities and up to 10 fill y

let's go right to nbc's scott cohn who's joining me from outside the santa clara medical center in sanalifornia. welcome to you. i know california governor gavin newsom is still taking heat for his proposals to try to help hospitals and staff cope. >> reporter: yeah, that's right, alex. we know by now that hospitalizations are a lagging indicator, so while cases may be coming down, hospitalizations tend to lag that, and what the state has done, is it's drawn a lot of fire from particularly health care unions and others is to say that for health care workers, if they test positive but have no symptoms or if they've been exposed and have no symptoms, they can still come to work. this is good through the first of february, so a couple of weeks from now. here's what we're looking at. as you can see, the hospitalizations are up. they're not where they were a year ago. it's not quite that bad, but the staffing is an issue because there are so many staffers that have been out. a third of california hospitals now reporting staff shortages, critical staff shortages and nationwide it's very seve

scott cohn has been following the case since the beginning good morning, scott. >> reporter: good morningcarl. it's a long fall from where she was just a few years ago the toast of this valley, now elizabeth holmes is facing some serious prison time, up to 20 years. she may have dazzled some big investors over the years, but seven days of her testimony on the witness stand, not enough to dazzle the jury. holmes showing no emotions as the verdicts were read it was a mixed verdict holmes guilty of conspiracy and defrauding theranos investors, but not guilty of defrauding the patients who got bad test result and is the jury unable to reach a verdict on three additional fraud counts against theranos investors. >> the guilty verdicts in this case reflect ms. holmes culpability in this large-scale investor fraud and she must now face sentencing for her crimes >> no date set for the sentencing absent from the statement, any message about the broader implications of the verdict. a lot has been said about this case's implications for the so-called fake it until you make it culture in the three yea