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Biden Delivers Plan to Fight Omicron Variant; U.S. Considers Cutting Isolation Period for COVID Infections; Biden Pledges to Work with Manchin and 'Get Something Done'; Jury to Continue Deliberation in Trial of Ex-Officer Kimberly Potter. Aired 6-6:30a ET

Aired December 22, 2021 - 06:00   ET

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

JOHN BERMAN, CNN ANCHOR: I'm John Berman. Brianna is off. Erica Hill joins me this morning.

[05:59:44]

On this NEW DAY, concern, not panic. President Biden laying out his plan to fight the fast-spreading Omicron variant as Americans begin to gather for the holidays. But will it be enough?

And the U.K. reducing its COVID isolation period from 10 days to seven. Why the U.S. may not be far behind.

ERICA HILL, CNN ANCHOR: Allies of President Trump stonewalling the January 6th Committee. Michael Flynn now suing to keep his phone records under wraps.

And the world's best hockey players aren't headed to the Olympics. What's behind the NHL's big decision?

BERMAN: Good morning to our viewers here in the United States and all around the world. It is Wednesday, December 22.

Millions of Americans are set to travel and gather with loved ones this week. And President Biden is reassuring the vaccinated to go ahead with the holiday plans, despite the COVID resurgence. He says the country is better prepared to fight and contain the Omicron variant.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: We should all be concerned about Omicron, but not panicked. And, no, this is not March of 2020. Two hundred million people are fully vaccinated. We're prepared. We know more. We just have to stay focused.

(END VIDEO CLIP)

BERMAN: The president ruled out lockdowns, promising to keep businesses and schools open. But for millions of Americans who are still unvaccinated, he pulled no punches, issuing a dire warning.

(BEGIN VIDEO CLIP) BIDEN: Almost everyone who has died from COVID-19 in the past many months has been unvaccinated. And I honest to God believe it's your patriotic duty. Your choice can be the difference between life or death. Please get vaccinated.

(END VIDEO CLIP)

HILL: The White House announcing several new measures to expand testing and vaccinations and ease the pressure on overburdened hospitals.

But still, some health experts say some of those measures are too, little too late. Hospitals in Houston, Texas, reporting the number of cases have tripled in just days. And Washington, D.C., seeing the highest number of COVID cases to date in the pandemic.

And while those case numbers are skyrocketing, it's really important to keep a focus on hospitalizations. That number is really going to tell us what we need to know. And it is rising steadily nationwide. The thing to focus on, it is not yet spiking.

Let's go first to CNN's Jeremy Diamond, who is live this morning at the White House. Jeremy, good morning.

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Good morning, Erica.

President Biden yesterday addressing an anxious and exhausted nation in the face of this Omicron variant. Excuse me. President Biden making very clear that those Americans who are vaccinated do not need to be concerned, that they are well-protected from serious illness and death.

But to the unvaccinated, the president making an urgent plea to get vaccinated, arguing that it is your patriotic duty to do so. But he also spoke to those frustrations that I was just mentioning. Listen in.

(BEGIN VIDEO CLIP)

BIDEN: I know you're tired. I really mean this. And I know you're frustrated. We all want this to be over, but we're still in it. And this is a critical moment.

We also have more tools than we've ever had before. We're ready. We'll get through this. As we head into the holidays, I want us to all keep the faith.

(END VIDEO CLIP)

DIAMOND: And that was ultimately the president's central message there, making clear that, while cases are rising, we are not at the same time as we were last year and that this surge is not going to be the same, that there will not be these lockdowns and shutdowns that have marred previous periods of this pandemic.

The president also announcing new actions to try and help with this surge of coronavirus cases, including ramping up federally-run testing sites, sending out those 500 million at-home rapid testing kits to Americans who request them, beginning next month, as well as deploying as many as 1,000 military service members to help with overwhelmed hospitals.

But on all of this, particularly on the 500 million tests, it is notable. Yesterday, a senior administration official told us at CNN that, look, they are still working on the details of this website. They will have those details in the coming weeks.

And much of this is going to come now, when millions of Americans are needing a rapid test but in weeks to come ahead.

The president also growing quite defensively, frankly, when he was asked about that delay in testing, given that public health experts have been warning that we have a shortage of tests over the last several months.

The president insisting it didn't take long at all and what happened is the Omicron variant spread more rapidly than any of us expected -- Erica.

HILL: Jeremy Diamond with the latest for us this morning . Jeremy, thank you.

The federal government is launching testing sites in major cities, including New York, to help with the overwhelming demand for COVID tests. Shimon Prokupecz live in New York city.

Shimon, we have seen lines there not long after this time of the morning. What are you seeing?

[06:05:00]

SHIMON PROKUPECZ, CNN CORRESPONDENT: Well, it's early, John, and plus it's raining. So perhaps that could be playing into what's going on.

Also, some of the locations now putting people on waiting lists trying to keep people out of lines, keep them out of being together. Perhaps that's what's going to here.

Yesterday's numbers indicate the the city is still seeing a large amount of positive cases. Fourteen thousand people testing positive just in New York City, putting the positivity rate over 10 percent. Now, that is lower than the day before of 15,000.

But certainly, indications that this is not slowing down here in New York city. Testing has gone down to about 23 percent. The mayor yesterday saying despite all this, they still need more testing, more sites. And he wants the federal government to help. Take a listen to what the mayor said.

(BEGIN VIDEO CLIP)

MAYOR BILL DE BLASIO (D), NEW YORK CITY: We want to see obviously that supply expand quickly, and I urge the president to use the defense production act to the absolute maximum. Because we're going to need much, much more in the way of testing to get through Omicron and really put the COVID era behind us. We will need billions and billions of test kits for the whole country.

(END VIDEO CLIP)

PROKUPECZ: The city saying -- the mayor saying that they're going to open some more -- about another 100 sites, some of them mobile, to get to these communities that really need the testing.

Also keep in mind, at-home testing, that is another key part of this. Obviously, the Biden administration saying they're going to send people test kits to their homes. But also, the mayor saying he wants more home test kits.

Also for boosters. That's the other big thing here. Getting people vaccinated. There are about 82 percent of adults vaccinated here in New York City. They mayor saying that there is still a big push to get more people vaccinated.

But also boosters. They're saying they're offering $100 to people now now who are willing to get boosted before the end of the year -- John.

BERMAN: An extra benefit. Thanks so much for being with us this morning.

HILL: New overnight, the U.K. announcing it will cut the self- isolation period in most cases for coronavirus from ten to seven days. Health officials in the U.S. say a similar change is being considered here. So where does that stand?

CNN's Jacqueline Howard joining us now. What exactly is being considered here?

JACQUELINE HOWARD, CNN HEALTH CORRESPONDENT: Erica, what some of our top health officials are considering is either following in the footsteps of the U.K. and shortening to seven days or even cutting the isolation period in half to five days.

So the current CDC guidance is for anyone with COVID-19 to self- isolate for ten days. That's regardless of your vaccination status. The ten-day period starts the first full day after symptoms develop or after you test positive if you don't have symptoms.

But some doctors and scientists say that that isolation period for the fully vaccinated, and if you show no symptoms, could be shortened to five days.

And one argument for that, is that if it's shortened to five days, then that limits the time that some of our essential workers will be staying at home and staying away from the front lines. So physicians, for instance, who have COVID and are fully vaccinated, are staying at home for five days instead of ten days, that helps reduce any shortage of having health care workers and other essential workers available.

Now, CDC director Dr. Rochelle Walensky, she says this is being discussed. They are reviewing the science. Have a listen.

(BEGIN VIDEO CLIP)

DR. ROCHELLE WALENSKY, CDC DIRECTOR: We're viewing that science and that policy right now and understanding in the context of people who have been vaccinated, people who have been boosted, people who have mild or no symptoms associated with what might -- what might be a positive test. They have some low level of infection, but they're not being symptomatic. We're reviewing that science right now.

(END VIDEO CLIP)

HOWARD: So Erica, this is being renewed. And we can expect to maybe hear more from health officials in the coming days or weeks.

HILL: Yes, we will be -- we will be watching for that. I know you'll bring it to us as soon as we hear. Jacqueline, appreciate it. Thank you.

BERMAN: All right. Joining us now, public health physician and fellow at the American College of Preventative Medicine, Dr. Chris Pernell.

Dr. Pernell, there's a lot of news, a lot of developments this morning. On top of everything else, Israel is now recommending that people older than 60, also medical workers and the immunocompromised, receive a fourth shot. This is a booster after the booster. What do you think of that decision? Do you think that's something the United States should consider?

DR. CHRIS T. PERNELL, FELLOW, AMERICAN COLLEGE OF PREVENTATIVE MEDICINE: I don't know that we have the science yet to support a fourth dose. I think Israel's move is mainly what they're seeing as a preemptive strike, if you will, trying to head off the worst of a potential Omicron spread.

It is likely that even after a third booster, your immunity wanes. But we just don't have the science yet to dictate that level of how long we should wait if a fourth dose is given or even if a fourth dose is needed in most persons.

[06:10:02]

So they're starting with the most vulnerable: those over 60, those who work in healthcare settings, and those with chronic conditions.

HILL: As we look at it, though, it can be -- it can be so confusing, especially for folks here, right? Because Israel was using a different time frame. We're saying six months after your second shot you're eligible for that booster, the third shot here in the U.S.

In Israel, they were offering booster shots five months after the second dose. Now they're talking about that fourth shot being four months after the third dose.

Why -- why are they not only, I guess, making this preemptive strike, but also why are their time frames different in Israel than they are here in the U.S.?

PERNELL: Because there is data, Erica, from the studies that your -- your immunity wanes, because those circulating antibodies really start to drop off about the 20-week mark.

But that's not the only type of immune defense that the body has. The body has memory "B" cells, and the body also has "T" cells. So in addition to those circulating antibodies, which may be dropping off, those memory "B" cells and t cells are able to give you more durability in your immune response.

So you see a different interpretation of when that booster dose should be given. I think it is closer to the five-month mark. We in the United States are looking at six months out from the completed series. But I think that's all open to further discovery and, ultimately, further change in the policy.

BERMAN: So Dr. Pernell, we're all looking for signs or clues about whether Omicron is different than previous variants. And there's a new study out of the U.K., South Africa and Japan that finds it might be less likely to cause severe lung disease. We should note it hasn't been peer reviewed yet. But -- but how optimistic should we be about this?

PERNELL: I mean, I think it's fascinating information, John. But like you said, this isn't peer-reviewed.

Basically, what the researchers are finding is that the Omicron variant may be less likely to enter the lung cell. And then, once the Omicron variant has entered the lung cell, it may be less likely to fuse. So if it's less likely to fuse, its ability to spread is impaired.

And I also want to help people to manage this news in light of the fact that coronavirus is not just a respiratory illness. Coronavirus can be a whole-body illness, meaning that you have organ damage, that you have an immune cascade that leads to clotting and things of that nature. So while this is an interesting fact, we just have to see what the totality of the data and the science proves.

BERMAN: All right. Dr. Chris Pernell, terrific advice. Thanks so much for joining us this morning. If we don't see you again, have a wonderful, safe, healthy holiday.

PERNELL: Same to you.

BERMAN: A rare moment of common ground. President Biden giving credit to his predecessor on the vaccines. His message to unvaccinated Americans.

Meanwhile, the former president planning to hold a January 6th news conference, exactly one year after the Capitol insurrection. His latest effort to rewrite history.

HILL: Plus, President Biden says he doesn't hold a grudge against Senator Joe Manchin. He says they can get something done. So can Build Back Better be built back from the dead?

(COMMERCIAL BREAK)

[06:15:48]

BERMAN: President Joe Biden says he still sees a pathway for his signature Build Back Better social safety plan to become law. The president laid out what he believes is at stake for American middle- and working-class families if his party fails to get his agenda over the finish line. Listen.

(BEGIN VIDEO CLIP)

BIDEN: You strip away all the dignity of a parent looking at their child. I'm not joking about this. Imagine being a parent looking at a child and you can't afford, you have no house to borrow against, you have no savings. It's wrong. But all the things in that bill are going to reduce prices and costs for middle-class and working-class people.

(END VIDEO CLIP)

BERMAN: With us now, CNN political commentator S.E. Cupp.

S.E., good morning to you.

S.E. CUPP, CNN POLITICAL COMMENTATOR: Good morning. In addition to hearing from the president yesterday, what we did not hear from the president or Joe Manchin last night when he was on a phone call with Democratic caucus members in the Senate, was any more bile. They both seemed to be going out of their way to be much gentler with each other.

So what does that mean for January when everyone comes back? Is there a pathway forward?

CUPP: I don't know. But I think Joe Biden at some point has to -- has to cut and run, has to move on. You know, instead of spending a year and having really nothing to show for it, I think he needs to turn his attention to the small "W's," especially going into a midterm election year.

And there are lots of things that he can effort to pass that actually have Democratic support. And the bottom line is the Build Back Better plan, which started, you know, in the 6 trillions and is now down to the 1 trillions, does not have enough Democratic support. It doesn't matter if it's just one guy. He doesn't have the votes.

And so I think Joe Biden, both as a strategy and in practical ways, should focus on the wins he can get.

BERMAN: So another remarkable thing happened yesterday when President Biden was speaking. I actually -- I think it's remarkable in the path that it's taken after. President Biden said nice things about the former president and the -- the authorization of the vaccine. Listen to this.

(BEGIN VIDEO CLIP)

BIDEN: Omicron is serious, potentially deadly business for unvaccinated people. Let me be clear. Thanks to the prior administration and our scientific community, America is one of the first countries to get the vaccine.

(END VIDEO CLIP)

BERMAN: All right. And he also praised the former president for saying he got boosted.

And then Donald Trump does an interview with FOX, where he's all touched. He's genuinely touched that President Biden said nice things about him. And then he goes on to say nice things about the vaccine.

I was like, really, it's that easy to get the former president to say nice things about the vaccine?

CUPP: I mean, this is a performance. And, you know, Trump has sort of made some outrage -- selfishly, right? When he is complimented, he can compliment back. Don't expect that to last.

But I think -- I think -- listen, Donald Trump and Bill O'Reilly went into a very friendly crowd and were booed when they admitted they both got vaccinated and boosted.

So I think, you know, getting love anywhere on that probably feels pretty good to Donald Trump considering his -- the audience he built, the audience he made, which is now against very common-sense things like vaccines and mask wearing.

BERMAN: Look, any day there's consensus on something like vaccinations and boosters is a good thing.

CUPP: Yes.

BERMAN: It's just a good thing.

CUPP: Absolutely.

BERMAN: Whether it lasts -- you know, I wouldn't bet your farm on it lasting, but it's good for now.

We also learned from Donald Trump that he's going to hold a news conference at Mar-a-Lago on January 6, the one-year anniversary of the insurrection. What do you see here, S.E.?

CUPP: That makes me physically ill, John. January 6th was one of the darkest days in modern American history. People lost their lives that day for one reason and one reason only: Donald Trump refuses to accept the outcome of an election.

[06:20:08]

He still refuses to accept that. He is still stoking that anger and that delusion. And the idea that he would hold any kind of propaganda event, because

let's be clear, that's what it will be, where he takes yet another opportunity to spread more lies, which I presume he will, where he exploits a tragedy, which I presume he will. And where he potentially stokes more violence and encourages, either tacitly or explicitly, people to try it again, well, it makes me nauseous. It makes me sad and very nervous and afraid for what that event is going to do.

BERMAN: It also, I think, will be very interesting to see how Republicans in Congress respond to that. I mean, these are people who have largely followed him over the last year. Are they going to sing his praises on that day?

CUPP: Undoubtedly. I have no doubt. John, I have long given up on the sort of -- the pivot, you know, that Republicans will see Jesus and understand just how dangerous and awful these years of rhetoric and also policy have been, not just for Republicans, who lost everything, but for America. I've long sense lost the idea that they'll find religion.

I think, going into a midterm, they are all in for Trump. They are all in for Trumpism. And I expect them to go even further than they already have on that day, in service of promoting Trump and retaining his voters.

BERMAN: It's going to be really interesting to watch. Not only do you have the anniversary, you have public hearings coming up from the committee. You have the possibility of more revelations with the National Archives, documents perhaps being released to the committee.

The next few weeks or few months are going to be fascinating here.

S.E. Cupp, thank you so much for being with us this morning. Nice to see you.

CUPP: Thanks, John.

BERMAN: So we are on verdict watch in the case of former Minnesota police officer, Kim Potter. What the jury asked the judge that may indicate where this is headed.

HILL: And reports that the NHL will not participate in the 2022 Winter Olympics in Beijing. Details on the league's big decision.

(COMMERCIAL BREAK)

[06:26:19]

HILL: The jury in the manslaughter trial of Kimberly Potter is asking the judge what would happen if a consensus on a verdict can't be reached?

Potter, of course, is the former Minneapolis police officer who says she mistook her gun for her taser before shooting and killing Daunte Wright, 20-year-old black man, back in April. Deliberations now entering their third day. But with that question, a

new question. Could this be headed to a hung jury?

Let's ask CNN legal analyst and criminal defense attorney Joey Jackson; joined by CNN legal analyst and former New York City prosecutor Paul Callan. Gentlemen, always good to see you. I especially love you two together on these topics, as we've talked about.

So Joey, based on that question, does it look like there could be a hung jury?

JOEY JACKSON, CNN LEGAL ANALYST: Erica, good morning to you.

Good morning, Paul.

You know, we should caution, the answer is yes, right? Obviously, it looks like they are not able to reach consensus. But we should caution that there are oftentimes, oftentimes where jurors come in to a courtroom, and they'll indicate to the judge that they're having a problem. And so this is not something that is unusual, I should add. And following that, there are oftentimes where jurors then do reach a conclusion.

And so when you ever have -- it brings into the question, Erica, the process. Right? Whenever you have 12 individuals from separate backgrounds, from separate perspectives, having different points of view, that have to evaluate and analyze evidence, there's going to be disagreements. There's going to be disputes. There's going to be some discord. It doesn't mean they're not going to get there. It just means that they're having some issues getting there now.

And as a result, the judge had to give them guidance to indicate, well, go back, do the best you can, change your views if it's -- you know, if you think you can, and let's see if you can get this thing done. So it's not over yet is my answer.

HILL: Paul, in terms of analyzing that evidence, I found it interesting the jury also asked if they could have the zip ties removed from the weapon, and the evidence box that they can actually hold onto that handgun.

This is something the prosecution really tried to drill down on, the differences between a gun and a taser, Paul.

PAUL CALLAN, CNN LEGAL ANALYST: Yes. This actually, Erica, happens quite frequently in murder cases and manslaughter cases involving firearms. The jury often wants to see the weapon and actually touch the weapon.

And I think in this case it's particularly important, because this whole case boils down to whether Officer Potter at the time should have clearly known the difference between holding her service pistol, as opposed to the taser. That this is something you can feel in the weight of the weapon. You can see the difference in color. And I think the jurors, they don't want to be looking at a box with a

zip tie on it with the gun in it. They want to see the gun, hold the gun to see how Officer Potter felt at the scene.

HILL: Also, as we look at the trial of Ghislaine Maxwell, the jury is deliberating there, as well, also asking some significant questions. And Paul, I want to start with you on this one.

They asked for transcripts from some of the alleged victims, but not all of them. Three out of the four. And that really stood out to you. Why?

CALLAN: Well, it stood out to me, because the three victims that they asked for transcripts on told more complex stories. And they really -- their entire involvement with Maxwell was more complex and over a more extended period of time.

The final, fourth victim that they asked no questions about, it was a relatively simple encounter between Maxwell and her that was testified about.

So I think it kind of looks like maybe they're accepting the testimony of one victim but not the other three.

But I'm just going to throw out one thing before we turn this over to my friend, Mr. Jackson. Watch out for the sleeper charges in this case against Maxwell. There are two perjury counts, and I think those were rather easily proven by the prosecutors. So those are counts that you can see the jury --