that's all for this edition of "dateline." i'm natalie morales. thank you for watching. i'm jim if to florida and watch joe mess up daily. the new text messages just released by the january 6th committee. i'm kelly evans for shepard smith. this is "the news" on cnbc president biden addresses the nation. >> be concerned with omicron but don't be alarmed, and if you're unvaccinated you have some reason to be alarmed. >> as infections soar to new heights, his plan to ramp up the fight against covid-19. >> they are a game changer. >> thousands of cars and trucks

stuck overnight in the freezing cold. >> if it got past five hours, it was like, okay, this is a little scary. >> the winter weather causing chaos on our roads and up in the air. prince andrew's lawyers in court today. the allegations of sexual abuse and why the judge is now considering a motion to dismiss the case the great resignation in full swing. the number of people quitting their jobs surging to a new record the state of the economy and how americans are feeling. a young girl reported missing two years after disappearing andrew cuomo escapes criminal prosecution and a final death blow for one of the most popular phones in the world. >> announcer: live, from cnbc, the facts, the truth, "the news" with shepard smith >> good evening. a new push in the battle against

covid. today president biden directed his team to double the country's order of pfizer's antiviral pill that brings the total number to 20 million. the president calling the treatment a game-changer >> these pills are going to dramatically to decrease hospitalizations and deaths from covid-19 they are a game-changer and have the potential to dramatically alter the impact of covid-19, the impact it's had on this country and our people. >> it does come as the united states saw more than a million new covid infections yesterday that's the most since the start of the pandemic, according to data from johns hopkins. for context, the officials say many of these cases were likely backlogged from the new year's weekend, and experts believe the focus should now mainly be on hospitalizations the number of new hospital admissions did average nearly 15,000 last week according to the cdc, it's up 60% from the weeks prior but well below the peak we saw last january

still, officials across the nation are taking action and maryland governor larry hogan declared a state of emergency today. he's mobilizing a thousand members of the national guard to help these testing and vaccine sites. the governor says maryland is set to see the most challenging face of the pandemic in the next four to six weeks. puerto rico also seeing the highest spike in cases since the start of the pandemic. as a result, local officials are imposing new restrictions like reducing indoor and outdoor capacity at restaurants and bars in a moment we'll speak with dr. gillander about the antiviral pill but first meg tirrell on the latest covid numbers. meg? >> reporter: the u.s. is facing an unprecedented level of infection right now. 96 of counties across the country are now characterized as having high transmission, and this is at a time when the cdc now estimates omicron makes up 95% of all cases in the u.s., 5% still the delta variant. now, the good news is that

experts forecast this surge to start to subside relatively soon, a model from colum why university says the u.s. could see a peak around january 18th with more than 500,000 cases per day. many are looking to zions from south africa and the uk about what may still come in terms of severe disease and the science suggests much lower percentage of people will go to the hospital or die from the omicron variant judging by trends in those countries. nonetheless, parts of the u.s. are still seeing hospitalizations rising rapidly given the sheer number of people infected, and doctors say that can affect overall levels of care that hospitals are able to provide. moreover, though the president doubled the u.s.' order of the pfizer antiviral pill, the first 10 million courses aren't set to be delivered until the end of june and the second 10 million until the end of september, through january, about 265,000 courses are expected to be

available. now there is more supply of an antiviral made by merck but because that drug showed lower efficacy in trials and has had a more complex safety trial, it's only recommended if other treatment options aren't available or primpt the president doubling down on a push for 359 million american adults who aren't yet vaccinated to get the shot and urging boosters as well meanwhile, the cdc responding to criticisms that its guidance that folks with covid can leave isolation after five days without testing as long as their symptoms are resolving just putting out new guidance tonight. now it still doesn't require a test but it says if people want to test and can get access to one, they can use one, but if they test positive they should continue to isolation for ten days. >> probably going to be confusing for a lot of people to sort out, and it's amazing the wait for the rest of the pfizer pills is going to be so long until june and september meg, thank you dr. gounder.

doctor, thanks president biden is betting big on this antiviral pill but how much of an impact is this going have in the short term >> kelly, i don't think we're going to see a huge impact of the pfizer drug for coming months and that's for two reasons. one, we'll have little supply of paxlovid and secondly you need a system of rapid, free testing available to the american population so they can get a test result and then get prescribed these medications as quickly as possible. these medications need to be given within three to five days of symptom onset so we really need have the foundation of testing for drugs like paxlovid to truly be game-changers. >> there's the debate on whether to focus on total case numbers or hospitalizations. the problem is the former tend to be a lead indicator of the latter, and hospitalizations are approaching the peak that we saw last january

they may not be as serious though what can you tell us about the severity of this disease. >> well, we're certainly seeing a decoupling between cases and hospitalizations, so this does seem to be a milder disease where fewer people are ending up in the hospital with omicron that likely is because it's an upper airway predominant disease as opposed to the earlier variants which really did -- which were attracted to the lungs and other internal organs causing more severe disease, but that said even if -- if it's a milder infection, if you have so many people being infected across the country, you know, let's say it's half as deadly, if you have twice as many cases, that still gives you the same number of deaths, and we win deed seeing a surge in hospitalizations at this time. >> yeah, and those essential workers are overwhelmed. i mean, we're going on the second year of being on the front lines. florida surgeon general's yesterday suggested that testing

should be prioritized for high-risk americans over younger people do you agree with that approach, but i think more importantly every passing day we see more and more testing requirements for kids in schools which flies in the face of that. >> i think it really comes down to what are your goals if you are trying to prevent all transmission, all infections, the vaccines alone will not do that, and that's because, especially with omicron, with such a short incubation period, that makes it very difficult for the vaccines to prevent all infections if you want to prevent more infections than you can through just vaccination, it does mean you have to use other tools, and those other tools include masking, indoor air filtration and ventilation and then, of course, rapid testing to identify who might be contagious or infectious to others. >> yeah. much the same tool kit we've been aware of for the last couple of years and yet so many still lack those necessary

tools. dr. gounder, thanks so much for your time tonight. chaos on the roads and in the sky after the biggest winter storm to hit the atlantic in years slammed the east coast the storm dropped more than a foot of snow in some areas hundreds of people stuck on i-95 as a result, in their cars overnight, some with young kids without food and eventually without gas. lines of cars snaked up 95 for miles. the virginia department of transportation closed portions of the highway officials said they were trying to clear disabled vehicles and trailers to make way for snow plows, but governor ralph northam didn't know how many cars were stranded or when they would be freed the roads a mess, the skies not much better. airlines have cancelled more than 1,000 flights again today that's after more than 3,000 cancellations yesterday, and hundreds of thousands of people in virginia woke up this morning still without power. that's according to power outage u.s. which tracks outages across

the country. local coverage now from nbc's washington affiliate wrc and their reporter drew wilder >> the last 36 hours have been absolute hell for thousands of families stranded on the highway just south of the nation's capital. just within the last few hours we got an update from the virginia department of transportation telling us they have got all of the people, drivers and passengers, out of their cars and off of interstate 95, but there are still dozens upon dozens of stranded vehicles out there, and those drivers that were lucky enough to get off of the interstates themselves earlier are stranded. the day the traffic stood still. 36 hours after multiple jackknifed tractor trailers blocked interstate 995 southbound, many families are still stranded this woman talking with us from her car that is full of her family but out of fuel. >> we're feeling guilty. we're feeling a lot of emotions. we just want them somewhere safe

right now. >> reporter: traffic came to a halt for them around 9:00 monday morning, and they barely moved by 9:00 p.m. when this mother's fear grew unbearable as she desperately tried to keep her kids warm. >> i kept thinking, you know, they are going to die in this cold, and it was freezing. like my daughter's cheeks were so cold. >> reporter: a firefighter walked by their car and she shouted for help can you please take my kids. you don't need to take us. take my kids, please. >> the firefighter took them all to the back of this ambulance, a gurney reserved for saving lives possibly fulfilling its purpose, but this time as a warm bed for freezing children. while they rested john chapman's truck slid off the road, and he got news that the tow trucks were not coming. >> they are not coming out for people in ditches. you've got to wait until the morning and all the hotels are booked. >> reporter: help can't come quickly enough for mothers like vania whose children haven't eaten in more than a day.

>> we're willing to do whatever to get the kids some food. >> reporter: stranded, as she puts, it just two hours away from home for the last 36 hours. as we head into tonight, interstate 95 is still shut down the sun came down today and a lot of the snow melted but the temperature is dropping so there's a near that a lot of the wet road is only going refreeze tonight. kelly. >> drew, thanks. an unfortunate lesson for all of us. the january 6th committee is now asking fox news host sean hannity to cooperate and provide information for their investigation of the insurrection the committee has revealed text messages hannity sent before and after the capitol riot to former chief of staff mark meadows. hannity texts, quote, i do not see january 6th happening the way he is being told after the 6th he should announce a nationwide effort to reform investigate integrity, go to florida and watch joe mess up daily. stay engaged when he speak, people will

listen four days after the riot hannity apparently spoke to president trump on the phone and was seemingly concerned as president biden's inauguration approached and texted guys, we have a clear path to land the plane in nine days he can't mention the election again ever i did not have a god call with him today, and worse i'm not sure what is left to do or so and i don't like knowing if it's truly understood ideas? hannity's attorney told axios that any such request by the commit woe raise serious constitutional issues including first amendment concerns regarding freedom of the press we're waiting to see how hannity responds to the committee's request. and attorney general merrick garland is set to speak tomorrow about the justice department's investigations and prosecutions of capitol riot suspects his speech will come on the eve of january 6th as congress prepares to mark a year since the insurrection we're told garland will talk about the riot cases

former president trump who has scheduled a news conference at mar-a-lago announced he was cancelling it. in light of the total bias and dishonesty of the january 6th committee. a motion to dismiss, prince andrew's hours in court today defending the british royal family member against sexual abuse allegations. why his team is now arguing the whole case should be thrown out. a young girl not seen in more than two years. finally reported missing tonight why it took so long for cops to investigate. and countdown to the beijing olympics covid concerns growing what's being don

prince andrew's legal team in court today fighting for a judge to throw out a sexual assault lawsuit against him. the judge didn't make a decision but appears to dismiss most of

his lawyer's arguments value have a giuffre is suing prince andrew she says she met him through soefnder jeffrey epstein and prince andrew denies all wrongdoing and does not even remember meeting giuffre today his lawyers argued a 2009 settlement blocks her from suing prince andrew. the setment protected epstein and other unnamed potential defendants from lawsuits, but today the judge said only the parties in the settlement, meaning epstein and giuffre who know who those potential defendants were. epstein died in a prison cell more than two years ago. authorities say he killed himself. nbc legal analyst danny ceballos joins us now the judge didn't seem convinced

to throw out the case. >> i wouldn't go so far as to say the judge is leaning one way or another this is not an insignificant argument defendants frequently get the broadest possible language inserted into a release when they are entering into a settlement agreement, and normally that language releases all claims contemplated or imagined this language is a little unusual in that it released epstein, his associates and anyone who could have opinion named as a defendant andrew argues i'm anyone, he willo. i could have been named as a defendant and, of course, the plaintiff in this case says no way. it's pretty clear they were talking about epstein and sort of epstein's workers and associates and people in his immediate circle. >> what happens next if the trial moves forward? >> if the judge rules on this motion and decides that andrew is not protected by that release, then he can't get out of the case based on that release, and the case moves

forward inexorably towards trial, but it's really only in its infancy right now compared to the other epstein litigation that is out there. so, it would move forward through discovery, and i would imagine that andrew's team would seek some appeal of this really purely legal issue with some facts mixed in. >> does ghislaine maxwell's conviction have any effect on this case? >> it does, but only so far as the government unearthed a trove of evidence that may be used against andrew in a civil case this is not that uncommon for plaintiff's attorneys, folks like me, to wait around for prosecutors to finish with their prosecution and dig up all kinds of evidence that the plaintiffs attorney later on in the civil case can use against the same defendant. that's why you frequently see civil cases follow a criminal conviction after all, if the government proved it beyond a reasonable doubt, then at least we're pretty sure we can prove it with

a prepond raps of the evidence, a much lower bar. >> great point danny, thanks for your time tonight. we'll check back in soon. a 7-year-old girl was last seen more than two years ago in new hampshire. she was only reported missing last week. the police chief in the city of manchester says that delay is extremely concerning, and he's pleading for anyone with anyone information about harmony montgomery to come forward the cash reward is now up to $33. here's cnbc's perry rossum on what we know about her disappearance. >> reporter: manchester police have 35 detectives trying to find harmony montgomery. chief alan aldenberg says they are running on nothing. >> i'm appealing to everyone help us find this little girl. >> reporter: yesterday manchester police unveiled missing poster signs and opened a dedicated tip line, an an beret left had not been issued police say they do not know who harmony would be with or what

car she would be in. the chief would not confirm this they have spoken with harmony's parents only saying they have taked to many, many family members. >> i'm in rescue mode right now. this is not a recovery this is -- we're -- all efforts are focused on that harmony is alive and we're going to do everything that we can to find her. >> the chief says harmony has a history with the state's division for children, youth and family, and it was dcyf who called police last week saying she was missing. the chief says he has questions about how the agency has handled her case dcyf told us no comment. >> we're past frustration. >> reporter: kevin montgomery is harmony's uncle. he says he had questions about harmony's safety months before she went missing and called police in 2019. >> nothing that they went at wholeheartedly in my opinion. >> reporter: over the weekend, police were searching the home where harmony was once seen. the person who lives here now is not involved >> enough is enough.

this is a 7-year-old girl. let's find her >> reporter: during the search for gabby pet tow people were trying to find out what happened in this case they say do not police detective or police that helps no one. kelly. >> thanks. the beijing olympics is just

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the beijing winter olympics are now just a month away. they are still scheduled to go on as planned but concerns about covid outbreaks are making things more complicated. today thousands of olympic workers are entering this so-called closed loop. volunteers, cleaners and cooks will be isolated inside the bubble for weeks they will have no direct contact to the outside world officials in china say they are confident the olympics will go smoothly but diplomatic boycotts and growing protests over human rights are looming over the game and in beijing we have this report. >> reporter: this isn't exactly the short beijing would want to brick attention to before the winter olympics. dubbed online as a triathlon, residents of the city's terra cotta warriors are hiking over mountains and biking at night and even swimming across a river to escape the government's zero

covid approach 13 million people are barred from leaving their home. make arrangements so we can buy vegetables, is on the vent to officials. others show outrage over this security response caught on video to a resident who snuck out to find food a rare public outcry prompted beijing to sack two local officials as leaders look to smith over challenges to a picture perfect olympics for the event itself, covid controls are extreme those coming to china to participate are required to enter a closed loop bubble with olympic venues cut off from the general public all must be fully vaccinated or quarantined here for 21 days other than covid beijing is combating criticism of its human rights record diplomatic boycotts by countries like the u.s. and concerns about tennis star peng shuai peng disappeared after accusing

a former politician of rape. she reappeared in state media-approved videos and calls with the international olympic committee which says it will meet her ahead of the games. many outside of china are not convinced peng is safe and can speak freely no one here wants to talk about it on cameras, and most deny they have heard of any controversy at all that silence may not sit well with those newly emboldened by the covid fatigue. as chairman mao said let people speak. the sky will not fall this writer says, his words now deleted. >> chinese authorities have vowed to fix the food shortages by easing travel restrictions on essential workers and sourcing more supplies. as for the olympic preparations.xi inspected the sites earlier tuesday. in the past he's encouraged staff to search for greater perfection for the country and the communist party.

>> another terrific report thanks so much for bringing that to us. chinese authorities have vowed to fix the food shortages by easing travel restrictions for essential workers and sourcing more supplies, an as she said president xi did inspect the olympic sites to rally those workers and encouraged them to strive for greater perfection we'll all sell how that goes in a month's time tennis star novak djokovic set to defend his title despite the strict vaccine rules i'm heading down under with an exemption permission let's go, 2022 australian open officials say that djokovic received a medical exemption after review of an application by two independent panels the rules state unvaccinated players will be banned from participating unless they are vaccinated the australian open is scheduled to begin in less than two weeks. a government program was

supposed to be a pandemic lifeline for the struggling live arts industry and now facing a new round of cancellations in the wake of omicron, but many small businesses saying they were mistakenly denied aid that investigation is next. and millions more americans are quitting their jobs. we'll break down tse

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american automotive royalty detloend after nearly a century. that's what's topping cnbc's on the money. toyota topping all other automakers in american auto sales in 2021. it's a first for the japanese car company, and it's the first time in 90 years that general motors was not the top u.s. seller toyota's win, a credit to the way they were able to navigate the semiconductor chip shortage. at&t and verizon agree to delay the roll youth their new 5 g wirelessservice, that after request by federal transportation officials the reason, concern from airlines that the service could interfere with systems on planes and cause further disruption the last thing airlines need right now. the new 5g service weeks pected to launch wednesday. it's now postponed for up to two weeks. and tops trading in their sports card busy. the iconic collectible company

selling to global sports merchandiser fanatics. the price tag a reported $2 hundred million and the acquisition comes months after topps lost its licensing agreement with major league baseball to fanatics topps started out at a chewing gum company in 1938. they began selling baseball ghards 1951. and wall street today, the dow jumping 215 points for another record close for the second straight day. the s&p down three though and the nasdaq dropping 210. i'm kelly evans in for shepard smith. it's half past the hour. here's what's making "the news" on cnbc. declining to prosecute former governor andrew cuomo off the hook after two major probes against him collapse a final good-bye to the original blackberry a nostalgic tribute as the company marks the end of an era, but first the great resignation

showing no sign of slowing down. a record 4.5 millionworkers quit their jobs in november according to new data from the labor department that's nearly a 9% jump from october and it breaks the previous record set in september. the pressure piling up on president biden as he nears the end of his first year in office. 60% of people polled say they disapprove of the president's handling of the economy. that from our new cnbc and change research survey in a moment cnbc's day la tauschy with a report card on the.and first correspondent steve liesman on these record resignations steve, who is losing the most workers? >> kelly, a handful of industries are standing out among those where workers are doing the most quitting. a million -- a million workers walked away from the leash you're and hospitality business, most from restaurants and hotels 686,000 retail workers said

good-bye to the boss and they were great numbers of resignations in health care and manufacturing. the general theme seems to be those industries that lost the most workers in the pandemic, they are having the hardest time keeping people and both leisure and hospitality and retail, well, they are known for being lower paid industries. while there have been raises they don't appear to be enough to keep workers from walking out the door and saying take this job and -- >> we have to be seeing the impact of the omicron here as well. >> yeah, we are. it shows up in jobs, school closures, airline flights, a few places you reported 3,200 school closures around the country. according to verbio more than 3,300 more closed. jobs could be hurt in december which could hurt into january and airline passengers processed by tsa still 15% below the pre-pandemic level the shown that the virus'

economic effects are short and not particularly acute, kind of the way people are describing the virus it affecting them personally if so, we could see a rebound of the data as soon as february. >> we'll see, steve. thank you. steve liesman. cnbc's senior white house correspondent kayla tausche with the new survey numbers the president is getting tough marks on the economy. >> yeah, kelly the economy and the cost of living leapfrog covid as top concerns for voters we polled late last month even as omicron was starting to spread 72% say the economy is in bad shape. that's up 17 points from last year, andindependent voters wh secured the presidency for mr. biden in 2020 gave him a "d" on every economic issue across the board. democrats give him mostly bs and cs and republicans give him mostly "f" grades. the electorate was largely unmoved by the $1.9 trillion american rescue plan that the white house shepherded through being could. 58% of biden voters and 99% of

trump voters saying it made no difference or it left them worse off. today nec director brian dees told cnbc that reiterating the administration's message that its build back better plan will lower costs for americans but there's not consensus on that. nearly all biden voters say the stalled spending package will create jobs and grow the economy and nearly all of trump voters, kelly, say it will not. >> looking ahead, is there any optimism for the president or common ground out there? >> well, there's a little of each of those, kelly the most common ground comes on the issue of inflation it's a universal pain point across the spectrum. voters saying president biden could be doing more to get costs under control. the brightest spot was on the employment front with the majority respondents from both parties saying they had good or excellent job security and they are expected it to stay that way for the next year, just underscoring the power of choice

in this economy with many saying they would prioritize higher pay in a new job as bills get more expensive. >> thanks very much. the live arts and events industry facing new closures, postponements as omicron soars the industry was the first to go dark in 2020 and is struggling to stay open a government program has given out nearly $14 billion in grants to venues but many in the industry say the program is riddled with inconsistencies and didn't help enough kate rogers reports in a cnbc investigation "shuttered dreams." >> heroes our timeline. >> reporter: when amanda kennedy first heard about the shuttered venue operated grant program she thought it might provide a much-needed salvation for her community theser >> something that we desperately needed. >> reporter: kennedy is treasurer of the nonprofit that closed its doors in the beginning of december.

>> we got our application in and we're very confident. >> reporter: for more than three months she heard nothing and then came a denial. >> i didn't see that coming at all. we practically had the funds spent in our minds and budget but it was pretty much a sure thing it was coming. >> the theater was denied because it doesn't pay its performers but as a nonprofit according to sba guidelines that shouldn't have made the theater ineligible, yet the arjenta theater next door in little rock received $150,000 in grants and the royal players 30 minutes away in benton, arkansas, got more than 116,000. both are nearly identical in business models, according to kennedy. mike savas runs super fan live, a concert and events promotion bus, selling vip experiences for artists like journey and metallica. this application was to night

for more than half a million in aid. a subs kept appeal and comprehensive review upheld that decision. >> how did you get when you got the first denial >> probably the most crushing moment of the process because i really thought i was going to get it, and, again, i had made some -- not empty promise the by i had made some hopeful vendors. >> the chief complaint is a lack of understanding of why they were denied in the first place. >> truth be told i was this close to bankruptcy i had knife days of runway left when i was going to pay bills, by the artists thousands have benefited from the program which has approved more than $then billion in you had a. recipients including those seeing broadway shows and the

shows like amountion approximately 3,000 invitees accepted and tom 2,000 recipients were invited to ask their award reconsidered the fda did not specify how many businesses had their deoverchurned. >> i wanted everyone to that sayre fair of fun. >> the program's success was being touted. >> two amcates might look exactly the same and externally it might look like they are the same type of applicant but they not turn out to be, for example, a museum which one has fixed

seating and the other doesn't. >> those behind the scene, they are still focused that conor's to be will come through. >> and they are not helping us remembering more than 1 million small businesses and 12 million employees worth $872 billion in economic impact it some 92% of its members who represent trade shows, corporate erebts, wentings, fairs and much more were left out of relief. >> it's really hard to watch all of my colleagues go through this these are people's livelihoods for that work on for decades, and no one is disling. >> a source familiar with the federal grant process told cnbc that while grant applications are adhering to a standardized

criteria, many may use different -- each could lend to make the agency representing many of the plaintiffs says they cannot comment on pending litigation. >> i'm sure time is running out for some of these businesses thanks for your reporting tonight. just in, the country's third largest school district could be on the venchl going remote the teachers union holding a vote as we speak so far we're told that 88% have voted in favor of switching to virtual schooling. we're talking about chicago here the union has complained about safety, a lack of mitigation members and staffing shortages due to covid cases chicago's mayor and the school systems president have both wanted to keep kids in classrooms, but if this vote is finalized, classes would

breathing a little easier tonight. the two probes he doesn't have to worry about anymore and the curstion from one of his

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and backing from an expert team, 24/7. and for even more value, ask how to get up to a $500 prepaid card. get a great deal for your business with the ready. set. save. sale today. comcast business. powering possibilities. former new york governor andrew cuomo is off the hook in two cases. albany's district attorney won't prosecute cuomo for allegedly groping a former aide and the manhattan's da's office had closed its investigation of nursing home covid deaths. brittany commisso accused him of groping her breasts. the sheriff filed a criminal complaint but the district attorney said he would be unable to prove the case in court even

though he thought the plaintiff was credible her attorney said my client has no power over prosecutions and the only thing she has power over is to continue to speak the truth and justice in an appropriate kifl action in which she will do in due course. cuomo has denied any wrongdoing. let's bring in the managing editor of investigations and the capital bureau chief in albany welcome. the sheriff said he was confident that cuomo would be prosecuted so how did this fall apart? >> today the district attorney as you know or yesterday actually, they met with brittany commisso at their office in a meeting that went on for almost five hours and they went through with her in great detail what some of their concerns were with the evidence, that they felt would be hard to overcome and prove beyond a reasonable doubt. miss c ho mmisso does not agree

with that decision and late this afternoon she gave us a statement indicating that she felt she was revictimized and this will persuade others to come forward and these cases are never leveled as criminal charges or prosecutions against people in power. >> you got a statement from her. was there thinker in statement that you've been able to have, just that he was upset with the outcome and indicated, too, one of the saints she hate saying you're going to get us in trouble, that was he slammed the door to his office and returned and grabbed and groped her breast she says that could intercade that could look like jurors as if he was acquiescing to heller aggressive behavior but the governor couldn't agree that any

of this happened he was not saying he was sexually aggressive with her or that it happened she's unclear why that akergs on their part would row -- on the nurse being home scandal cuomo is not out of the woods? >> in late summer the former state health was interviewed and that would seem to me this would do something at the culmination of a long investigation. the difference in this case. cuomo has had district attorneys conclude their investigations and announce the end of their investigations in that they are not going forward with criminal charges. the justice department, us a no, doesn't always do that, and -- and many people wonder is -- is that case just something that died on the vine and we'll never hear whether or not there was

any charges considered in that case. >> thanks for your time tonight. appreciate it. >> you bet. elizabeth holmes set to be back in court next week to have her sentencing day schedule. the former theranos founder walking out of court yesterday after being convicted of defrauding investors and not patients and she was guilty on four of the 11 counts. she faces 20 years for each fraud charge and five years for conspiracy and because she's a first time offender legal experts say it's doubtful she will face much time. the 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 who may have a real medical condition and you can't really play with people's lives like that. >> the journalist who first exposed the fraud hopes it sends a broader message about silicon

valley hype. >> you can't let it cross over into lying or there will be consequences >> it's not clear that the valley has gotten the memo, one of her earliest backers tim draper, venture capitalist, says it has him concerned that the spirit of entrepreneurship is in jeopardy important to note that elizabeth holmes while she was convicted of defrauding investors she was acquitted on similar charges of defrauding theranos patients and this may not be over yet her attorneys haven't commented but it's almost certain that she will appeal. >> hand now we have her former business position bolani -- >> yeah, the former boyfriend is indicted on almost the exact same charges that elizabeth holmes in. a conviction can't bode well for him. the prosecution has tough decisions.

remember, they only got convictions on 4 of 11 council and he faces 12 so we'll see if they change their strategy. >> thanks so much tonight. one of the first phones to let you check your email on the go, and now it's being put out pasture. blackberry

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the end of an era for the most popular phone ever, the blackberry the iconic keyboard used to be a board room status symbol blackberry announced that services on all its classic devices will be shut down today meaning no calls, texts, e-mails or brick breakers. here's nbc's kerry sanders. >> before apple there was blackberry

>> the blackberry. >> from presidents and politicians to celebrities and ceos, the phones with the signature keyboard quickly became a status symbol at the office and beyond. but now decades later those phones are shutting down blackberry discontinuing service for its classic models starting today saying they will no longer reliably function. >> all good things come to an end. >> at its peak in 2012 the company reported having 80 million active users. >> blackberry used to be one of the most popular phones in the world. it was easy to understand and use. it also had those keyboards that were really clicky and tactile. >> people everywhere were glued to their keyboards which made answering e-mails for work. >> all essential personnel will be issued blackberries. >> or messaging friends through the phone's popular bbm platform easy and addicting

blackberries became crackberries for many, but eventually that once revolutionary keyboard became obsolete. they all have the keyboards that are there when you need them or not to be there. >> what we're going do is get rid of all these but toms and make a giant screen. >> with the rise of the touch screen and when blackberry tried to adapt to the new operating systems they came up short and even some of it most famous longtime users had to move on. >> we are now a security software company 60% of our revenue comes from cyber security. >> the company now focused on providing security services to governments and businesses around the world. >> build to stand the test of time as it is pulls the plug on its phones and say good bye to a

classic. >> blackberry did -- it's the class being blackberry, and if you have to have an android, the blackberry you could drop it from 20 feet and it had still worked it was, sound like folklore. it was so -- >> the spacex telescope one step closer to learning the secrets of the they successfully deployed a sun shield and engineers and scientists carefully unfolded the sun shield layer by layer. the entire process took about eight days the sun shield has five layers as you can see there it's designed to protect the telescope from heat and light from the sun, earth and moon

each layer is about as thin as a piece of human hair, and coated with reflective metal, the sun shield offers an spf of more than a million who niece it will go that way. spencer eldin was just a baby when he was featured on this comfort for the 1991 album "never-mile-per-hour." last yeary will sued the band and cut cobain's image being used without consent the judge was asked to dismiss the lawsuit. the judge dismissed the lawsuit yesterday after a dead loin was missed to prove that the defense was wrong. they say they will be filing a second amended complaint very soon the judge gave him until january 13th to do so and the case will be closed for good.

>> this pair of twins one born in 2021 and the other in 2022. albert trujillo arrives just minutes and his system was born exactly on january 1st she's the first baby important in the new year. the chance of inbeing born in the same year, these twipts won't share a birthday, a birth month or birth year. attorney general merrick garland is set to speak tomorrow about the justice department's january 6th investigations and bruces of capitol riot suspects. the biden administration doubling its order of pfizer's covid pills

it is 5:00 in as as burry park, new jersey is the big little run done big tech taking a hit. apple caught flat footed as it prepares to jump into the ev space. >> some insider buying big nameto