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Bannon Indicted For Defying January Six Committee Subpoena; Rittenhouse's Mother: Jury Has Been Listening To The Truth; Family, Friends Remember 16-Year-Old Astroworld Victim; COVID-19 Cases Plateauing Ahead Of Possible Winter Surge; Ten-Year-Old Black And Autistic Student Commits Suicide Weeks After DOJ Report On School District. Aired 12-1p ET

Aired November 13, 2021 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[12:00:04]

FREDRICKA WHITFIELD, CNN HOST (on camera): Hello again, everyone. Thank you so much for joining me. I'm Fredricka Whitfield.

We begin this hour with the indictment of a key Trump ally. Steve Bannon is expected to turn himself in on Monday and appear in court to face charges of criminal contempt of Congress.

Bannon, a former White House adviser has repeatedly refused to produce documents or appear for a deposition to answer questions about his role and others connected to Trump leading up to the January 6th siege on the U.S. Capitol.

Bannon's attorney has stated his client would not be cooperating with the investigation into what happened that day because Trump directed Bannon not to. CNN's Kara Scannell is following these developments for us. So, Kara, what happens after Bannon turns himself in on Monday?

KARA SCANNELL, CNN REPORTER (on camera): Yes, Fred. That's right. A source telling us that Bannon will self-surrender on Monday and appear in court. Well, he will be appear before a judge in response to these charges that the federal grand jury had handed up yesterday.

He's been charged with two counts of contempt of Congress. One of those charges relating to Bannon's refusal to provide any documents to the committee, the other for his refusal to provide any testimony to the committee.

Now, the committee had first subpoenaed Bannon for his testimony and documents in September. His attorney had said that he would not cooperate because the former President Donald Trump didn't want him to. He wanted him to assert executive privilege even though Bannon was not working at the White House at the time.

Now, after that, the House voted to hold Bannon in contempt and made this referral to the Department of Justice. That was in late October. Yesterday, the federal grand jury handed up this indictment and Attorney General Merrick Garland issued a statement in which he said, "Since my first day in office, I have promised Justice Department employees that together we would show the American people by word and deed, that the department adheres to the rule of law, follows the facts and the law and pursues equal justice under the law.

Today's charges reflect the department's steadfast commitment to these principles." Now, Bannon, if convicted, faces a minimum of 30 days in jail and a maximum of one year, Fred.

WHITFIELD: So, Kara, Bannon isn't the only one ignoring these congressional committees -- the request to testify. What does the message now mean that he'll appear in court on Monday? Does -- is there an expectation that all the others who have been indicted or requested to testify will now change their tune?

SCANNELL: Well, it's definitely going to be a question for them and their attorneys. Because there have been, as you said, a number of people that were close to the former president who have been subpoenaed for testimony, including his former spokesperson, Kayleigh McEnany. Including Mark Meadows, his former chief of staff. And a number of those individuals have said that they would not cooperate with the committee because of this issue of executive privilege.

So, by the fact that the Department of Justice brought these criminal charges against Bannon, something they haven't done in decades really sends a significant message that they are not messing around here, Fred.

WHITFIELD: Kara Scannell, thank you so much.

All right, let's discuss this more now with CNN legal analyst, Ben Ginsberg. Ben, so good to see you.

BEN GINSBERG, CNN LEGAL ANALYST: Good to see you.

WHITFIELD: So, Bannon appears on Monday. What's your expectation of what will be said and done? And how soon after then, would he actually be testifying?

GINSBERG: Well, that's a great question for going forward. So, he'll appear and, I think, say very little in the actual court proceeding. This is likely to be a trial without a jury, before Judge Nichols on the District Court for the District of Columbia.

Judge Nichols has great leeway in when to schedule that trial, and that will really determine how quickly this moves forward. Of course, its case that's likely to be appealed on up to the Court of Appeals and ultimately, the Supreme Court. It's on a parallel track with the Trump executive privilege claim for the documents in the National Archives. So, there'll be a lot of interplay between the two.

WHITFIELD: So, that's interesting. So, that parallel. So, you know, Trump and his attorneys have now gotten their issue right before the appellate court. And it will be what? November 30th before a decision might be rendered.

If it means that the court says National Archives, go ahead and share with the January 6th committee, the White House documents, and that could come immediately.

But if it says no, right? Then, Trump and his attorneys could very well take this to the Supreme Court?

GINSBERG: Yes, I think it's likely that it does go to the Supreme Court either way. And so, then you get into the timeline issue of all of this. But it is a significant step forward to indict an individual, and it is a significant step forward to have the National Archives document case which will render a decision of some sort on strength of the Trump executive privilege claim. And they will be interacting (INAUDIBLE).

[12:05:07]

WHITFIELD: So, how else? Is there another avenue the January 6th committee can go to try to get the documents?

GINSBERG: Well, the documents, I think, a really pretty much wrapped up in what individual witnesses will provide. So, going after the National Archives documents in the way that they are, will really send the signal.

Now, it's possible that some of the people who the committee says or cooperating with them have provided documents and have provided records of their communications with the president. But that's something we just don't know yet.

WHITFIELD: And then, let's say the committee also refers former White House Chief of Staff Mark Meadows to the Justice Department after he refused to show up. Will prosecutors start, you know, from, you know, ground zero with Mark Meadows or because there is now precedent with Steve Bannon, they'll go a different route to try to get him, compel him to testify?

GINSBERG: I suspect they're going to have to go a slightly different route. Of all the Trump aides, Bannon had, of course, the weakest executive privilege claim, because he hadn't worked for the president since 2017.

Mark Meadows and the other aides who have been subpoenaed were at the time of the activities in which they're interested government employees, that the executive privilege argument is going to be slightly different in their case because of their employment status.

WHITFIELD: All right. And then, there is this new audio or recording that was released this week. It's new to everyone's ears. That is former President Trump appearing to defend the threats made against then-Vice President Mike Pence during the insurrection. Take a listen.

(BEGIN VIDEO CLIP)

JONATHAN KARL, CHIEF WASHINGTON CORRESPONDENT, ABC NEWS: Were you worried about him during that siege? Were you worried about his safety?

DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: No, I thought he was well protected, and I had heard that he was in good shape. No, because I had heard he was in very good shape. But no, I think --

(CROSSTALK)

KARL: Because you heard those chants, that was terrible. I mean, those -- you know the --

TRUMP: He could have -- a lot of people were very angry.

KARL: They were saying, hang Mike Pence.

TRUMP: Because it's common sense. Yes. It's common sense that you're supposed to protect How can you if you know a vote is fraudulent, right? How can you pass on a fraudulent vote to Congress?

(END VIDEO CLIP)

WHITFIELD: So, how do you see this impacting the House committee's investigation with or without the cooperating witnesses or even documents?

GINSBERG: Well, that can -- that tape is going to have a significant effect, I expect. What the committee is really doing is constructing a mosaic. There are lots of different pieces that will go into a frame, and then you have to kind of tie them together at the end.

And so, Donald Trump saying what he was saying on the audio recorded with Jonathan Karl is an attitude and a mindset that will certainly play not only on the general public, but perhaps even more importantly, on the judges who here this case will understand just a little bit more the dynamics involved, and the fact that they were dealing with an insurrection that was unprecedented in our history.

WHITFIELD: All right. Ben Ginsburg, thank you so much.

GINSBERG: Thanks, Fred.

WHITFIELD: All right, Steve Bannon had no official role in the White House during the final years of the Trump presidency. But in the days leading up to the January 6th riot, he was a vocal supporter of overturning the election.

Here now is CNN's Brian Todd.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Hey, hey, I'm going to Steve Bannon.

BRIAN TODD, CNN CORRESPONDENT (voice-over): This notorious 67-year-old political operative is now one of the most embattled figures in Washington. As he is charged with contempt of Congress for eluding the House Select Committee investigating January 6th, those who have covered Steve Bannon and work with him are not surprised that he's in the middle of this maelstrom.

KURT BARDELLA, FORMER MEDIA COSULTANT FOR BREITBART, WORKED WITH STEVE BANNON: This is somebody who lives by confrontation, who believes that sheer force of personality is enough to undo our structures. TODD: Tearing down the structures of government, stirring chaos in the political establishment are at the core of Steve Bannon's beliefs and his goals, those who've known him say. Something Bannon alluded to as he started working for the Trump White House in 2017.

STEVE BANNON, FORMER WHITE HOUSE CHIEF STRATEGIST: Deconstruction of the administrative state. And if you --

TODD: At that time, Bannon's, power and proximity to it had few rivals. Credited with being the architect of Donald Trump's successful presidential run in 2016, Bannon had gotten Trump's attention partially because of his willingness to upend the GOP.

BANNON (via telephone): What we need to do is ditch-slap the Republican Party.

TODD: In the early months of Trump's presidency, Bannon had a top White House advisor role, leveraged his relationship with Trump to even get himself a seat on the National Security Council. Was called by the New York Times, the de facto president, and displayed a level of ambition tough to live up to.

[12:10:04]

BARDELLA: I think that he didn't get nearly as much done as he thought he would. I remember when he -- when he came into the de facto co- chief of staff role in the White House. He had this board and his office at all these, you know, things that they were going to do.

TODD: Bannon found himself booted out of his White House job just seven months into it. Some say for committing one of the cardinal sins against Donald Trump.

JOSHUA GREEN, AUTHOR, DEVIL'S BARGAIN: Bannon is falling out with Trump came bosses Trump was jealous and resentful of the media coverage that Bannon was getting.

Trump felt that Bannon was stealing credit and attention that Trump thought rightfully belongs with him.

TODD: But Bannon eventually got back into Trump's good graces by using his podcast and other platforms to amplify false claims that the 2020 election was stolen. And according to the House committee, helping to plan Trump's Stop the Steal rally on January 6th, and riling up the base the day before.

BANNON: This all converging and now we're on as I say the point of attack, right? The point of attack tomorrow.

TODD: All this from a man who according to one of his representatives was born into a family of Democrats, got a master's at Georgetown University, an MBA from Harvard and served as a U.S. naval officer.

What do you think it was that drove him so far right?

BARDELLA: Opportunity and access and power and money and fame. (END VIDEOTAPE)

TODD (on camera): Kurt Bardella believes there's a good chance that Steve Bannon will return to the epicenter of Donald Trump's political world, especially if Trump runs for president again in 2024.

But Bardella also says that there's just as good a chance that the two of them will turn on each other again.

Contacted by CNN, a representative for Steve Bannon did not comment for our story.

Brian Todd, CNN, Washington.

WHITFIELD: All right, coming up, we're waiting for the judge in the Kyle Rittenhouse trial to issue a ruling today after prosecutors asked him to instruct the jury on considering lesser charges in the case.

How can that impact the trial? Well, that's next.

(COMMERCIAL BREAK)

[12:15:58]

WHITFIELD: A ruling is expected today from the judge in the Kyle Rittenhouse trial.

WHITFIELD (voice-over): Prosecutors have asked him to instruct the jury on considering lesser charges in the case. And Rittenhouse has already agreed to have the lesser charges included.

Deliberations are expected to begin Monday after closing arguments. Prosecutors and attorneys will each have up to 2-1/2 hours for their closing statements. Rittenhouse is claiming self-defense in the killing of two men and the wounding of a third man during a protest in Kenosha, Wisconsin last year.

Judge Larry Seidlin was the judge in the Anna Nicole Smith case. He is also a former Florida Circuit Court judge. Thank you so much for being with us. So glad to see you, Judge.

LARRY SEIDLIN, FORMER FLORIDA CIRCUIT COURT JUDGE: Nice to be with you at the noon hour.

WHITFIELD: So, give us a sense. Why is today's ruling key or potentially pivotal?

SEIDLIN: It's absolutely important for the prosecutor. The prosecutor doesn't have a slam dunk on this case. It's not a smoking gun case where you pull a trigger and three witnesses see that you did that. This case has a lot of overtones taking place. And the prosecutors realize that with a lesser included offenses, the jury can compromise what we call a compromise verdict.

If it's just intentional homicide, the jury is either going to acquit or find him guilty. And the prosecutors believe that there's some doubt here on intentional homicide. And I was preaching that on your show a couple of days ago that the big tent here is to throw a big net out there for the prosecutor.

Like a smorgasbord in Vegas, you want to give them a lot of choices the jury, so they can pick another charge to convict them of. Like reckless conduct, reckless -- what we, in Florida, would call manslaughter, where it's a reckless conduct, where he didn't have the intent to kill someone, but his conduct, all the factors surrounding this incident showed a recklessness.

WHITFIELD: So, it's the prosecutor's safety net. So, it's surprising is it not that the defense would agree to it?

SEIDLIN: Well, the defense, they win when their client does not found guilty of the number one charge, the heaviest charge, where he can get sentenced for life. Defense attorney feels they prevail when the prosecutor doesn't fit the dimensions of intentional homicide. So, it would be a win for the -- for the defense attorney also.

WHITFIELD: Yes. So, you mentioned there have been a lot of overtones in this case. But you know, you can't get past the fact that this was a 17-year-old who was already unlawfully walking around with an A.R. And now, this 17-year-old is in a position where he's claiming self- defense. I -- and that is really what this case is all about.

But is the jury taking in consideration the offense that was already committed before two people died and another was injured? Meaning, he was walking around unlawfully as a teenager with an A.R.?

SEIDLIN: That's the key for the prosecutor. If the judge reads the lesser included offenses, it allows the prosecutor on his closing statement to get into the totality of the circumstances that a 17- year-old boy leaves his state and travels to this town and is walking around with a rifle at the scene of a riot. Those factors have to be considered.

It also allows the prosecutors say, OK, the defendant thinks he's self-defending himself. But is he really would a reasonable person say he's self-defense? That allows the prosecutor argue that. I think it's very fair and equitable for the judge to read lesser included offenses in this case.

[12:20:06]

WHITFIELD: Interesting. And then, Judge, Kyle Rittenhouse's mom, wants the jurors to consider this. I mean, she actually went on television today. After going on television earlier, she has not been on the stand, but this is how she sees it.

(BEGIN VIDEO CLIP)

WENDY RITTENHOUSE, MOTHER OF KYLE RITTENHOUSE: It's in the hands of the jury. And watching them, they've been taking notes, listening to the truth. And I hope they take that and take that into what the outcome is going to be. Not from the media, not from the president of the United State, not from the celebrities, not from athletes. It's about the truth.

(END VIDEO CLIP)

WHITFIELD: Is this unusual, strange, or is this customary that you would have, you know, in this case. The mother of the defendant who didn't take the stand, but she is going to the airwaves to express herself in this manner?

SEIDLIN: Well, we want to prevail upon the public forum. Also, the jury is one not to watch T.V., not to read about this. But how do you really know that that's taking place?

He didn't seclude the jury, he didn't secrete the jury, the judge. And therefore, this jury, they might be affected by this mother talking. We have so much political overtone in this case. Is it vigilante justice that a boy who's 17 years old with no training to be a police officer than in being a cadet, a little puppy dog, does he have the right to travel to another state with a semi-automatic rifle?

And then you have this -- the other side, the other extreme that says he's a patriot. He's defending our property. He's stopping the riot. That's the other argument. Unfortunately, both sides, their arguments are very extreme, very unstable. America to solid Middle America doesn't want any of these events taking place.

And unfortunately, the other two sides appeal to that basis. And we're left with a judge having to deal with all these political overtones.

WHITFIELD: Yes, an extraordinary case indeed. Judge Larry Seidlin, I really appreciate you joining us. Thank you so much.

SEIDLIN: Well, thank you.

WHITFIELD: And as we mentioned, the judge in the Rittenhouse case has been stirring up controversy. Right from the beginning of the trial, let's take a look with CNN's Kyung Lah.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: So, if the statutes --

(CROSSTALK)

BRUCE SCHROEDER, JUDGE, KENOSHA COUNTY CIRCUIT COURT, WISCONSIN: Well, it makes no sense, you're on a luck.

KYUNG LAH, CNN SENIOR NATIONAL CORRESPONDENT (voice-over): Kenosha County Circuit Court Judge Bruce Schroeder as animated today --

SCHROEDER: I would not say that about this law.

LAH: As he's been throughout the high-profile murder trial of defendant Kyle Rittenhouse, Wisconsin's longest-serving circuit judge, Schroeder is a known history buff, connecting with the jurors in a game of jeopardy.

SCHROEDER: -- and both the 100 and 200 meters in the 1988 Olympics. Who is Florence Griffith Joyner?

LAH: Trying to keep the mood light with jokes that sometimes fail, like this culturally-insensitive remark.

SCHROEDER: I hope the Asian food isn't coming. It not -- isn't that one of those boats in Long Beach harbor.

LAH: But doesn't hold back when crossed.

THOMAS BINGER, PROSECUTOR: And the court left the door open.

SCHROEDER: For me. Not for you!

BINGER: My understanding of your --

SCHROEDER: You should have come and asked.

Don't get brazen with me.

JOHN ANTHONY WARD, DEFENSE ATTORNEY, KENOSHA, WISCONSIN: I've been yelled at. I mean, if you push the line, you will get him yelling at you. If the Judge Schroeder is yelling at you, you know that you're still in the game. You're not going to get a mistrial.

LAH: Defense Attorney John Anthony Ward says he's argued before Judge Schroeder hundreds, if not, thousands of times, in nearly four decades of practice in Kenosha.

WARD: Judge Schroeder is not a pro-defense judge under any stretch of the imagination. Many of defendant have entered a plea bargain thinking they were going to get probation, to end up in prison, totally to their shock.

LAH: Schroeder's every word, decision, and behavior has come under intense scrutiny in this two-week trial. Schroeder has not allowed attorneys to call the three men shot by Rittenhouse, victims, a longstanding rule of this judge, but could be described as looters or rioters.

But Schroeder is no stranger to the spotlight. From a high-profile 2008 homicide of a woman, the ruling overturned and still being argued today, as Schroeder pointed out in court.

SCHROEDER: And one of the things that I've read over and over and over again is about how I messed up the state against Jensen case, which is now pending downstairs. Actually, I had it 100 percent correct in the first place.

[12:25:00]

LAH: Schroeder was the judge in an unusual condition of parole for a woman convicted of shoplifting at the Pleasant Prairie outlet mall.

Schroeder ruled the woman had to tell any store that sells goods that she walks into that she'd been convicted of shoplifting, telling her it's "going to embarrass you, of course." Earlier this year, the Wisconsin State Court of Appeals disagreed, saying Schroeder's ruling falls into the category of shaming.

SCHROEDER: There's no --

LAH: In the Rittenhouse trial, where national politics and race are clashing, even the judge's ringtone is being watched. That's God Bless the USA by Lee Greenwood, one of Donald Trump's rally songs.

WARD: This judge is apolitical. If you try to define Judge Schroeder on the basis of politics, you're going to get lost. What's important to him is if the person is guilty, that he's found guilty, and if he's not guilty, then he's found not guilty.

(END VIDEOTAPE)

LAH (on camera): All of this interest surrounding the judge is going to move to the jury. Closing arguments are scheduled to start on Monday.

Kyung Lah, CNN, Kenosha, Wisconsin.

WHITFIELD: All right, still ahead, a funeral services today for Astroworld concert-goer, Brianna Rodriguez as new audio reveals how the police responded to the tragedy. We're live in Houston next.

(COMMERCIAL BREAK)

[12:30:47]

WHITFIELD: All right moments ago in Houston, the funeral for one of the youngest victims in the Astroworld concert tragedy ended. Family and friends are now paying their respects to 16-year-old Brianna Rodriguez, who was among the nine people who died at the Music Festival. A crowd surge turned the sold out venue into a crime scene within minutes as concert goers were crushed, trampled, and strangled -- and struggled to breathe.

CNN's Natasha Chen Joining me now live from Houston. So Natasha authorities are still investigating how this happened. And what is the latest that you're hearing?

NATASHA CHEN, CNN NATIONAL CORRESPONDENT: Yes, Fred, we are hearing more about how that day unfolded with a timeline of events from the Houston Fire Department. Right now though, I want to tell you about what's happening behind me with a lot of people coming out of this memorial service for Brianna Rodriguez, 16 years old.

A lot of her friends and family spoke inside about this teenager who was very talented in dancing, loved by people at her school. Representative Sheila Jackson Lee also attended this service and came out afterward to talk to us about what she learned about the 16-year- old.

(BEGIN VIDEO CLIP) REP. SHEILA JACKSON LEE (D-TX): She was their favorite. And of course, you got to reinforce dancing, because we don't know what her career, her future would have been. But her dancing just got everyone's attention. It was natural, of course. But also you were touched by this warm and loving family. You can see the genuine affection and the genuine leadership that Brianna gave.

(END VIDEO CLIP)

CHEN: And the Congressman also said that this family as well as the families of nine other -- nine people total who died at this event, deserve answers as quickly as possible. And there are still a lot of questions. We are, as I said, seeing a timeline now from the Houston Fire Department showing that people were breaching barricades as early as 9:00 a.m.

And medics were called to help with people's needs as early as 10:00 a.m. as well. So this was all 12 hours before the worst of it. We're also hearing audio from the Houston Police Department. Take a listen to this as they're discussing how dangerous the conditions are.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: That crowd is super thick, super dense. If you go in there, this could possibly turn into an officer rescue situation, and that could be extremely dangerous for everybody. So right now if you can get in on the perimeter, get to them. If not, try your best (INAUDIBLE) to help out. Other than that, be careful.

(END VIDEO CLIP)

CHEN: And it was so difficult for the for the concert goers to be careful themselves. They were being crushed, as they described from all sides. The last person to stand with Brianna told me today, he said the last thing she said was, I can't breathe. Fred?

WHITFIELD: And with that, Natasha Chen thank you so much.

[12:33:40]

All right, coming up, the COVID cases in the U.S. are holding steady. Why that might mean we could see a surge in the virus this winter.

(COMMERCIAL BREAK)

WHITFIELD: A federal appeals court is upholding a freeze on President Biden's workplace vaccine mandate. It's a temporary legal setback for the administration as it looks to shore up vaccinations before winter. Nationwide, cases have hit a plateau over the last few weeks.

But with the numbers leveling off where there are health experts say there's an alarming potential for a new surge in the next couple of months. Dr. Esther Choo is a professor of Emergency Medicine at Oregon Health and Science University. She's joining us now from Portland. Good to see you.

DR. ESTHER CHOO, PROFESSOR OF EMERGENCY MEDICINE, OREGON HEALTH & SCIENCE UNIVERSITY: Good to be with you, Fred.

WHITFIELD: Oh my gosh, this is also exhausting, is it not? My goodness.

CHOO: Here we are again.

WHITFIELD: Here we are again. So is the current case count likely to cause problems in your view this winter?

CHOO: Well, going into the holidays, especially in cold weather is always concerning. You remember, I think I probably was talking with you about this at this time last year. Cold weather drives people indoors, the holidays drives people together. And I really think at this point in the pandemic, we all feel that we deserve to get together with our friends and family for the holidays --

WHITFIELD: Yes, because that was a different issue last year. There, you know, people were not vaccinated whereas in this case, you've got more people who are and one would think that it would make a bit of a difference.

CHOO: And I think it does honestly. I mean if you have a family even an extended family, everyone's vaccinated. The people who need boosters have had them. You know, you'll still be really careful with masking when you travel. And I think it's advised for people to test before they go into large gatherings while you'll be indoors with people for a while.

[12:40:02]

You know we have all these things that now feel like very familiar tools in our arsenal to prevent spread and I think everyone vaccinated makes you feel a little more comfortable about that. But the problem is when people are getting together, that kind of means everybody, so even people who aren't vaccinated feel that that, you know, that prohibition against really large gatherings is lifted and think it's just, you know, it's just fatigue about isolation, which is totally valid, but it doesn't make the virus any less likely to spread.

WHITFIELD: Right people getting together, those vaccinated, those unvaccinated, so hence why many of us still have to remain very cautious. So a federal data shows about 910,000 kids under 12 have been vaccinated so far, but the country has about 28 million kids in that age category between five and 11. So are you expecting that the rate of increase, you know, will kick in soon or do you believe, you know, the first week or so is an indicator of the pacing on weeks or months to come?

CHOO: I think we still have a lot of barriers to getting kids shots early on. I mean, there weren't as many slots as people wanted. I still know a lot of people who are highly motivated to get their kids shots. I actually haven't gotten my kids in yet. We are scheduled for later on this weekend. But we haven't quite got there yet. So I think there's still just early interest. And we just need to let people connect to shots. But I do think we saw people expressing that they would be more hesitant with their children than for themselves. And so there are only about a third of parents who felt that, yes, I'm definitely going to be in that first wave. I think a lot of parents are wait and see, we'll get a lot more data as this effort rolls across, and how five to 11-year-olds are doing with the effort.

But we have a long way to go. And I think if people can do the best that they can right now, that means their kids will be able to enjoy the holidays without as many worries, which would be a wonderful thing.

WHITFIELD: Right. Do you also think it's a shipment or availability issue that many pediatrician offices expected to get, you know, their shipments or supplies by a certain type and time and they just haven't gotten that yet. And that also explains, you know, I guess the deficiency of availabilities for kids, appointments?

CHOO: Yes. And I think some of it too, is a workforce issue. I mean, everybody is overloaded with care right now. And so I know offices are doing the best they can. But remember, we have a huge workforce shortage, it was hard enough to get people in simply for needed primary care and other, you know, other health care issues.

And so then on top of that, we've got this massive vaccination effort. So I think people are doing the best with the space and the bodies and the, you know, the workforce and the equipment that they have. And I think that is certainly part of the bottleneck here.

WHITFIELD: Yes. All right, Europe is facing a far worse situation than the U.S. right now. We're seeing it right here on this chart. They're being called the epicenter of the global pandemic, again, so how concerned should we be about, you know, I mean, people travel, right? How concerned are we -- or to be about what's trending in Europe and what could potentially come down the line here in the U.S.?

CHOO: Yes, certainly, we've all got eyes on Europe, because they've been a bellwether for the next phase of the pandemic for us. And also, as people feel more comfortable traveling, I think we really need to be sensitive about case rates here, regionally, where we live, but also case rates where we're traveling to. And of course, you know, part of that is if there are emerging variants, a lot of travel is what encourages it spread quickly.

So I'm worried for sure. I mean, all these things kind of converging, seeing increased case rates there, as well as in different parts the United States heading into the winter, heading into the holidays, all of these things make us feel a little bit nervous on the healthcare end.

WHITFIELD: All right, well, let's all keep holding our hands. I mean, virtually, I'm holding your hand we're going to make it through this. We're just going to continue to stay positive. We're almost there. I can feel it.

CHOO: I want to believe you. Thank you, Fred. WHITFIELD: All right, Dr. Esther Choo, always good to see you. Thank you so much.

[12:44:06]

All right, still ahead, a school district in Utah is under intense scrutiny yet again after a 10-year-old girl with autism that was allegedly being bullied by classmates dies by suicide.

(COMMERCIAL BREAK)

WHITFIELD: An absolutely heartbreaking story out of Utah, Isabella Tichenor, "Izzy," to friends and family, a 10-year-old black and autistic students committed suicide after allegedly being bullied by classmates and her family's complaints were ignored. This comes after a scathing DOJ report on the school district. CNN's Polo Sandoval is live for us now. So polo, what more has the DOJ said about this school?

POLO SANDOVAL, CNN CORRESPONDENT: Yes, for the revisiting that report that was issued not long ago here is Izzy Tichenor's family they laid her to rest today. At the same time, they are also demanding answer from their child's school district that essentially accusing them -- of them of not stepping in as their little girl was basically bullied to death as she took her own life about a week ago.

Now according to the family speaking to her parents, they first became aware that their little girl was being called the N word and was being repeatedly bullied by classmates. They found out about a month ago they turned their concerns to the teacher, they said that they alleged that that didn't really go anywhere so then they turned their attention to school officials. And at the end according to their attorney, they said that they felt disregarded and unheard.

[12:50:14]

Now we did take those claims to the Davis School District, which is just north of Salt Lake City. Schools spokesperson declining to comment citing privacy reasons, but they did say that they are certainly going to be launching an independent investigation to try to keep this from happening again. But look, Fred, we also have to point viewers to that Department of Justice report that was issued just a few months ago.

And in it, DOJ Civil Rights Division investigators basically uncovered what they believe was this widespread disregard here by school officials and their attempt to, to really not address this kind of racial harassment that was happening on campus here. And so now school officials are certainly going to have to take yet another look after the Department of Justice said that more needed to be done to keep things like this from happening again.

WHITFIELD: Terrible but of course won't bring that little 10-year-old girl back. All right, Polo Sandoval, thank you so much.

SANDOVAL: Thanks Fred. WHITFIELD: All right, the top 10 CNN Heroes of 2021 have been announced and one of whom will be named the CNN Hero of the Year by you. Growing up in Maine, Lynda Doughty developed a passion for the array of marine mammals living along its beautiful coasts. So when state and government funding vanished and local organizations working to protect these animals closed their doors, she dove in to fill the care gap.

(BEGIN VIDEO CLIP)

LYNDA DOUGHTY, EXECUTIVE FOUNDING DIRECTOR, MARINE MAMMALS OF MAINE: Releasing a seal is really bittersweet. And as much as I'm excited to see that animal be released, it's also hard in the sense of seeing the animal now gone.

You guys know that you're going back to the ocean?

DOUGHTY: So any seal that we rescue, the ultimate goal is for that animal to be released back into the ocean. I feel this intense responsibility to help these animals. And really, this is what I was put on this earth to do.

Yehey.

(END VIDEO CLIP)

WHITFIELD: Wow, what a moment. So since 2011, Lynda and her team have provided response efforts, assistance, and medical care for more than 3,000 marine animals. Go to CNNHeroes.com right now to vote for her as CNN Hero of the Year or any of the other favorite top 10 heroes.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

[12:57:11]

LISA LING, CNN HOST: So Beth (ph) and Waltz (ph), I'd like to introduce you to someone. This is Congressman Ritchie Torres.

UNIDENTIFIED FEMALE: Hi Ritchie, nice to meet you.

REP. RITCHIE TORRES (D-NY): It's a pleasure to meet you.

UNIDENTIFIED FEMALE: So you live in a better time than my dad did, right?

TORRES: I know a better world than your father knew. You know, I'm part of a long history. And many people had to suffer deeply and senselessly. And I'm just grateful that I can be who I am. I could be a member of Congress because of the sacrifices that were made by people like your father.

UNIDENTIFIED MALE: Well, I think my dad would be extremely surprised and proud of what's going on right now. TORRES: We've made progress, but we also have a distance to travel the mission is far from accomplished. We have to tell the story of the LGBTQ community. People like Frank Kameny and Walter Jenkins should be household names.

UNIDENTIFIED MALE: Appreciate your saying so.

(END VIDEO CLIP)

WHITFIELD: And don't miss a brand new episode of This is Life tomorrow at 10:00 p.m. All right, let's take in 13 years but Britney Spears is now a woman able to take complete control of her own life. Here now is CNN's Stephanie Elam.

STEPHANIE ELAM, CNN CORRESPONDENT: After 13, long years, Fred, Britney Spears is once again in control of her destiny. And think about this. This is just before she turns 40 years old next month. This was widely expected to happen in court. Of course, the Free Brittany fans celebrating outside of the courthouse here in L.A. as soon as news broke that she was free to control her own destiny, effective immediately.

You can see there as pink confetti being thrown, there were dancers, there were singers, there were performers. We saw some people hugging with tears in their eyes here, so very emotional in a very long journey. And a lot of it because of her Free Britney fans who really have pushed to see the end of this conservatorship. Here's what we know.

There will be two more court days to work out some technicalities, but the judge did say that effective immediately she can make her own decisions in her life. Her lawyer, Mathew Rosengart saying that there will be some safety nets put in place to make sure that she can protect her assets and herself moving forward and also in court, Rosengart saying quote, the time has come today to end the conservatorship, he went on to thank the judge for making this decision here.

And it's noteworthy too to say that there were no objections from this from any of the lawyers for Britney Spears mother, for Britney Spears father. And remember in September, Jamie Spears had said that he wanted the conservatorship to be terminated completely. This after those two explosive testimonies from Britney Spears herself where she called into court to say what her life had been like.

[12:59:58]

It's first time we really heard from her. She said that she was forced to be on birth control. She says she was forced to perform. She said that she believed it was conservatorship abuse and that she wanted her father charged with conservatorship ship abuse.