for decades. they have to bounce back by getting blasted in the title game. it takes us to the cotton bowl. crimson tide will collide with cincinnati. they are tpaoeuft y. only lost one game since 2019 barely to georgia in the bowl game last season. players feel shunned, often overlooked, so they play with a big chip on their shoulders. they have earned a date with the fighting kaitlan collins, defending national champs seeking their second title under coach saban. they took a while to get up to form. coach was asked if his patience was tested early on this season. here's what he said. >> i don't have any patience, so anything that happens is a test of my patience, including sitting in this chair right now.

>> kaitlan, i know you say you are nervous but he is typically stowic. your grandfather went to cincy. you're root fog or the bears. >> listen, i'm betting on a cinderella story. >> come on, john. this week we have been anchoring together three hours a day every day, and you're not going to root for alabama? >> this proves that good people can disagree. >> from a little bet here. if kaitlan team wins, you have to wear a bearcats shirt. if kaitlan wins, you have to shave your head. . >> and no mayonnaise bath. >> i did not consent to wearing a cincinnati shirt. "new day" continues right now. ♪

welcome to our viewers here in the united states and around the world. it is friday, december 31st. i'm john avlon in with kaitlan collins. kaitlan, happy new year's eve. >> happy new year's eve. i can't wait to hear your resolution later in the show >> as we approach a new year, we are still dealing with the same pandemic. unprecedented spike in covid cases fueled by the omicron variant. enjoy new year's at home. doctors describing packed emergency rooms. dr. anthony fauci predicting omicron could peak by the end of january. meanwhile, the u.s. is hitting a seven-day average of more than 355,000 new cases. with record case counts in new jersey, new york, arkansas and

chicago. pediatric hospital admissions soar to go a record high with on average 378 children being admitted daily to hospital with covid. >> when it comes to travel, the cdc is warning vaccinated people and unvaccinated people stay away from cruise ships. the agency elevated cruise ship travel risk to its highest level amid a growing number of outbreaks in recent weeks causing some ports to turn them away. this morning, airline disruptions are surging with more than 3,000 flight delays and 2,300 cancellations. that means those weekend flights home could be in jeopardy as thousands are now attempting to rebook. the tsa also expects 10 million people to pass by the end of the day on monday. i would not want to be in those lines, john. >> no. we are also following another big story out of colorado. there is a state of emergency

today. thousands of people forced from their homes and hundreds of structures burnt to the ground. because of at least two wind-fueled wildfires outside denver. polo sandoval is live at times square. it is synonymous with new year's eve but will be different tonight, polo. >> reporter: look, if you compare it with last year, it will feel more like in times square. because of that sharp rise in numbers, because new york state continues to beat its own record in terms of daily covid cases, it will certainly be anything but a normal new year's in times square when you consider the measures still in place. normally 58,000 people would file in. the mayor announcing last week, it would be closer to 15,000. they will be allowed later in this afternoon versus what

usually happens, when you see the crowds, the wave of revelers begin to crash into times square in the early morning hours. instead, that's not happening until this afternoon. before they make it to some of the various checkpoints, they will still have to show vaccination proof. once the events get started, masks will be required. that gives you a sense of all the safety measures in place to make sure things remain as safe as possible. remember, this is happening amid growing calls for city officials to cancel the event event. mayor bill de blasio, here's term is -- just a few hours left in his term as he wraps up his term in office, he said it is viable because of the high vaccination rate in new york state, kaitlan. . >> they have a very high vaccination rate there. we will see taking normal work of the pandemic. joining us is cnn medical

analyst and professor of medicine and surgery at george washington university, dr. john reiner. what is your view of how it is going to look tonight? >> potential superspreader event and completely unnecessary. i feel liar we have hit the iceberg and people want the band to keep playing. right now there is basically a race to see which happens first, are we going to peak and hopefully quickly like south africa, or are hospitals going to exceed capacity and are we going to find that we have so many hospital staff out sick that we can't function. because we're in this kind of race there needs to be a sense of urgency to keep as many people as possible from getting infected. it seems having a mask party when we're facing the most

contagious path general that any of us have ever seen, seems unwise. >> the most contagious pathogen any of us have seen. that is a sobering statement. >> yeah. >> i understand that you would not go to a restaurant. you don't think we should be going ahead, new york city should be going ahead with times square. if folks are fax nated and wearing masks, isn't that a mitigating factor? >> it is. but it's impossible to wear a mask when you eat. for instance, so i work in a hospital, and now -- at a hospital in d.c., which has covid as much as anyplace on the planet. once i walk into that building, i don't take my n 95 mask off until i'm back in my car. i don't eat in the hospital, unless i can find a secluded closet somewhere, it means i'm exposing myself to other folks. and there's so much virus

around, when you take it off or you are exposing yourself to infection. i walked out of the hospital last night and, you know, the bar across the street was filled with people. some of them will leave not just with a little buzz but leave with the virus. this virus -- i mean, yesterday, the united states recorded 600,000 cases. that's just the tip of the iceberg to continue with my "titanic" metaphor. because so many people are being tested at home. none of those tests are being reported. i think you can confident live say a million people a day are contracting this virus. >> wow. a million a day is where you think the number really is. >> almost certainly, sure. >> wow. . >> and that, with he should note, it's not just people taking a test at home. some aren't getting a test at all because it is so difficult to wait in line to get a test or wait until your drugstore has one. i want to ask you about something else, though, which is

cnn's reporting overnight, the fda is expected to authorize booster shots for 12 to 15-year-olds. this is something a lot of parents have been waiting on. the thinking is if some i kid could get vaccinated why can't they get a booster shot if they're a couple months past their second vaccine shot. how much of a difference do you expect this to make? . >> i think it's important. what i would like to see the fda and the cdc say, you're not fully vaccinated until you have had your third shot. so we are still calling this as a booster as if it's something extra. what we know about the dialing and the way the vaccines work, you don't have sustained, adequate protection until you have had the third shot. let's stop calling it a booster and call it the third shot. only half of the kids in the age group have been vaccinated. parents, take your kids to get vaccinated. and then take them to get their

third shot which will be in five months not six months. . >> that's a big deal. the new baseline you think should be the booster. and it should go without saying by now, get your kids vaccinated. that's where we are seeing hospitalizations really spike. jonathan reiner, thank you very much as always and happy new year. >> happy new year to you both. all right. a state of emergency in colorado as two fast-moving wildfires destroyed hundreds of structures and sent thousands of people fleeing from their homes. most had little warning and little time to escape. lucy kafanov live in tkefrpbl with the details. >> reporter: john, it's been absolutely catastrophic for colorado. it is being described as the most destructive wildfire in colorado state history. the expectation is with day break the numbers might rise. this fire was incredibly fast,

burning in so many places at once, fueled by 100-mile-per-hour wind gusts, moving faster than firefighters could drive at some points. the governor of the state and the boulder county sheriff describing the magnitude of the terrifying blaze last night. take a look. >> this is a force of nature. gusts of 100, 110 miles per hour can and have moved this fire down a football field in a matter of secretaries. >> everybody has been talking about just the crazy weather, the lack of snow and lack of moisture. unfortunately, this is one of the results that you see from this. the dry conditions. >> reporter: now, this fire was burning to the north and south of the city of boulder. the fast winds knocking down power lines, scorching more than 1,600 acres. thousands of families evacuated largely from the towns of

louisville and superior. superior completed devastated most of the 500 homes were burned in that area, a town of 13,000 people. louisville, a town of more than 20,000 people, we still don't know the extent of the destruction. a lot of families are waiting to find out even if they have homes to come back to. the most destructive up until now was the black forest fireback in 2013. it destroyed 511 homes. this one is already surpassing that. a lot of folks waiting to hear if they have homes to go back to, john. >> a heartbreaker. 115-mile-per-hour winds, plus wildfires. and this is a devastation of a community that could be any suburban community in this country. lucy kafanov, thank you very much. up next, america's latest report on unemployment benefits is proof that the u.s. jobs recovery is still very much in full swing.

we are joined by a white house economic adviser, next. and coming up, a 50-minute phone call. the white house saying president biden urged russian president vladimir putin to ease military buildup near ukraine. what came out of that is next. gabrielle? this old spice fiji hand and body lotion has me smoother than ever. that's what it does. throughout history i've observed markets shaped by the intentional and unforeseeable. for investors who can navigate this landscape, leveraging gold, a strategic and sustainable asset... the path is gilded with the potential for rich returns.

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we got some big economic news yesterday. according to the department of labor, the average number of weekly jobless benefit claims is the lowest it's been since october of 1969. that's a 52-year low. retail and restaurant sales are up as well, more than 18% compared to november of last year. and signs wages are creeping up as well. but will it be enough to turn around the public's perception that the economy is still struggling? after all, a cnn poll from earlier this month found 45% of americans approve of the way president biden is handling the economy. joining us now is jared bernstein to discuss all of this. jared, it's good to see you.

so here's the question. you know, james carr victim, famous democratic strategist, called the last year economic news the tkpwraeuft story never told. implicitly saying the white house hasn't told the story well enough. but you look at the job growth, jobless claims are down. how come you think there is this gap between that economic reality and the perception that things aren't getting better fast enough? >> yeah. it's obviously an important question, which i will get to in a second. let me underscore some of the points you made. part of understanding that gap is really making sure that everyone knows the kind of progress we've made and why we've made that progress. you pointed out the last time unemployment claims were this slow, you didn't say it this way, i was a 14-year-old rocking out to proud boy and honky talk woman >> good choice.

credence, you can never go wrong. we have 11 -- >> thank you. this is almost more important for people coming into the job market. we have 11 million job openings, 6 million created since this president got here. those are both historical records. one of the reasons that's the case is shots in arms and checks in pockets. when we got to the white house, less than 1% of adults were vaccinated. now it's over 70%. now, we have to do better. i thought your segment with the doctor was very important just a minute ago. vax, vax, boost essential to keeping this progress going. but, look, when you have these different strains and the kind of uncertainty that brings with it, people will feel unsettled. i think the thing we have tried to do is communicated that whatever problem we face, whether it's covid, inflation, we're going to work relentlessly

on behalf of working americans to do everything we can to ease those pressures. >> and i guess that's what i would like to ask you about next, omicron. this variant causing so much uncertainty we are seeing the concerns that it is going to interfere with the economic recovery. one of our big questions is whether this high inflation will continue in 2022, what that will look like, what the landscape overall will look at. what factor are you looking at when you take into consideration variants and the possibility of other variants? >> the president said even a moderate amount can be a challenge to middleclass budgets. now, one source of this inflation is impal in demand for durable goods, things like computers, exercise equipment and furniture, when the pandemic hit, people ratcheted up their demand for those kinds of goods and pulled back on in-person services. that was going to disrupt supply

chains. that's where our focus is right now. we have a task force of which i am a member. we have a phrpb for trucks, the ports. our strategic release of petroleum from the reserves has contributed to a 10% to 14% decline in the cost of gasper gallon. so, again, we're doing everything we can. when you talk about omicron, there are 90,000 places people can go to get a booster shot. half a million tests going to americans in january. as we have said, about 200 multiple americans vaccinated. when with he got here, that was 1% for adults. now it is 71%. we have to build on that progress. our work is far from done. but the momentum is in the right direction. >> i think, as you indicate, the baseline economic news is being

clouded by covid and inflation. so what are you all doing to get inflation under control? when joe manchin said he can't support build back better because he is afraid it will go to inflation, what is your answer in real terms? >> first of all, let's be very concrete about this. what is the main price people see on the price per gas. on my jogging route i check it out every day. i'm tracking on many different levels. what we have seen is that nationally the price of gas is down 10% to 14% per gallon, real savings for america. heart is a response to a coordinated release of petroleum reserves from our country and other countries organized by this president.

at the same time, people talked about how christmas was going to be a bust because goods were not going to flow through ports. you mentioned retail sales are historically high. our reports have shown real results in terms of getting the goods ship to shelf and helping americans have the kind of holiday season they were hoping for in that regard. >> well, let's talk about what 2022 is going to look like. the questions about senior manchin, and i do want to go back to senator manchin. over the holiday break, it seemed to put a nail in the build back better bill saying he could not support it now. president biden expressed hope in recent days that they can come to some agreement. >> sure. >> what is the white house's plan to revive that? >> president biden, who i have worked for for many years, i was his economist pivot when he was

vice president, pulls legislative rabbits out of hats. and has done so many times. he is not over by any means, done fighting for a build back better. he has confidence about that including discussions he has had with senator manchin. let me go back for a second. one of the things the families face in a price pressure environment is higher prices for drug costs, child care, helder care and other kinds of food, rental housing, the kind of things that can be pressure on a family budget. building back better relieves those costs. it eases those price pressures by helping families pay for child care, pay for education, lower prescription drug costs. so it actually pushes the other way and helps to eosin tphraeugz ear pressures in key areas to family budgets. the president, senator manchin, the day after the announcement

where the senator said he couldn't vote for the bill as it was, they were talking again. we are confident we can continue to work on delivering this essential relief to the american people. >> the white house did put out a scathing statement after that. we'll see where things go in the new year. thank you so much for joining us this morning. we hope you have a great new year. . >> happy new year. >> you too. thank you. up next, relation president putin telling president biden imposing sanctions on russia would be a, quote, colossal mistake. how the president responded is next. and a scaled back celebration in new york's times square tonight. so what's it going to look like? we'll tell you. you're never responsible for unauthorized purchases on your discover card. ♪ limu emu... & doug ♪ ♪

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amid an escalating crisis with ukraine, president biden is urging russian president vladimir putin to deescalate during a phone call. making it clear that the u.s. and its allies will respond if russia invades ukraine. putin, in turn, warned biden

during their 50-minute call that imposing sanctions that biden threatened on russia would be a, quote, colossal mistake. joining us to talk about this is commentator and former house intelligence chairman mike rogers. and jill doherty, former moscow chief and fellow with the woodrow wilson center. i want to talk about your takeaway from this call, a second call happening in a short period of the last call they had >> yeah. i think this is putin trying to take the pulse of where the united states is, where the biden administration is, where he thinks nato will be in this whole equation. and right now putin is going through his checklist what he can tolerate with economic sanctions versus what he can get out of some military action in ukraine. remember, she's had a good run here. he did military action in this country of georgia. he still owns two provinces there.

he has crimea. he's still been disruptive in the west part of ukraine. a new shock troupe called cyber attacks and disruption. all of that plays in the favor, in his mind, in the decisions he's going to make in the next days or weeks. >> help us get inside putin's head here. he knows the u.s. is not going to get militarily involved directly should he invade ukraine. so when he said it were to be a colossal mistake, why does he think that's a strong card to play? it is the only card there is. >> it is. but the president -- president putin has been talking a lot about china recently. and i think this plays into it. there is no definition of what this colossal mistake would mean

by cutting off relations. but i think putin in a way is saying, well, we could rely on more on china economically, militarily, et cetera. our coordination with china could increase. but i think right now this is putin's hard bargaining. he is saying, i'm serious about this. where his bottom line is, i think it basically is don't expand nato. don't come into my neighborhood. don't let ukraine certainly get into nato. and don't bring weapons that threaten russia close to our border. i think that is the bottom line for him. >> they want membership in nato. mike, i want to ask something about the u.s. government has been candid about, flying these spy planes over ukraine. it's something they publicly acknowledge, though they don't often comment on something like that.

they wanted everyone to know the united states was making these kind of flights. the russians probably already knew that. why do they want that information out there? >> well, they have a problem now. any spy mission or spy plane that the government is talking about is not -- it's no longer a spy mission. it is an advertising mission. what is important about that aircraft, people call it surveillance. it is. but it is also a targeting aircraft. by the way, the russians know this. they know that aircraft has the capability of targeting and sending that information back to weapons systems that nato would own. not so much ukraine. but in some areas it could target russian troops on the bothereder. that is the message to them. the baltic states is -- panicked is the wrong word. they are worried they will get negotiated away in whatever happens next.

they are worried the rest of europe will give up too much that would allow the baltics to feel less safe. all of that is going on. when they announce that kind of plan, they are talking to baltics, nato allies. i wish theubgd do it now versus waiting until the action begins. but i think that would send a very clear message to putin as well. we haven't quite gotten there yet. i hope that happens >> jill, given putin seems to be testing the biden administration's resolve, do you think biden is being tuff 'n uff to get putin's attention and adjust his calculus? >> actually i do. i think he is balancing it saying we are ready for negotiation, we are ready for diplomacy. if there is no diplomacy, if you do not want to have diplomacy, then we have other things we can

do. of course, you know, we'll respond decisively is the phrase they are using. but a lot of this -- russia knows a lot about this. what this is is the prelude to the talks that will be taking place. they are important. they will come up on the 10th, 11th, 12th, 13th of january led by senior officials who will start figuring this out. is there a way to reorganize security in europe. can the united states give something to russia? could russia give something to the united states, namely, deescalate. that's the hardest thing right now. the united states, the biden administration is saying we want deeffect hraeugsz.

otherwise, they will not work. it could mean taking troops out. it will be almost impossible for putin to step down publicly, especially in front in front of his own russian voters. >> we will be waiting to see what steps he takes. the white house is watching very closely. thank you both for joining us. hope you both have a great new year. >> happy new year. . >> same to you. all right. up next, the scramble to get required covid tests for school kids in washington, d.c. and the saga over the murder of george floyd is far from over. we'll look at that and other cases that you should watch in the new year.

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as schools are requiring students to provide proof of negative testing before returning to class. students who fail to upload their results will not be allowed to attend school until they have done it. gabe cohen joins us now. gabe, how is this supposed to work with so many students and so little time? >> reporter: well, john, that's a great question. so the message from the mayor of d.c. is without a negative rapid test, students and staff are not going to be allowed back in the classroom whether school resumes on wednesday. so right now they are distributing as many as 100,000 of these tests to schools across the city. and the timeline for parents to get this done, it will be pretty tight. on monday and tuesday, they will be able to go down to their kids' schools and pick up the test. the student needs to take it on tuesday, 24 hours before heading back to school. parents need to upload by 4:00 p.m. tuesday. if they don't hit the deadline,

the child could get turned away wednesday morning. it comes amid a surge not just nationally. but here in d.c. it has been particularly bad with the caseload, hospitalizations spiking right now. here's how the mayor explained the decision on cnn yesterday. >> we want to put ourselves in the best position to reopen our schools from winter and keep them open. and the way to do that is to ensure every child and every adult that enters the school next week can have a negative covid test within 24 hours. >> reporter: now, d.c. isn't the only district putting in new rules. baltimore, they are requiring all staff, much like d.c., to be tested ahead of their first day on wednesday. and in new york, right now they are distributing millions of tests to get them in the hands of students. and they're launching a huge new test to stay program, the idea being if there's exposure in a

classroom, they don't have to quarantine every student. they can test them. those who are negative can stay in school. part of a huge push to keep classrooms open. saying by testing you can do that safely. many are pushing schools to at least consider pushing back their reopening date for january a couple weeks or perhaps even go virtual. some schools have chosen to do that. guys? >> even among this stage of the wave, it's good to see this mask mobilization of covid test kits finally. gabe cohen, thank you very much, and happy new year. the new year's eve celebration in times square tonight is going forward, but it will be scaled back, according to the mayor's office. usually about 58,000 people gather there. but this year it's going to be capped at 15,000. anyone who wants to be there has to wear a mask and show they're fully vaccinated. it is a welcomed change when no

crowds were allowed and everyone was watching from home. tom harris joins us. we are obviously going to see a change this year, a little bit closer to normal, though not fully there. what can people expect to see in times square when the ball is going to drop? >> good morning, kaitlan. good morning, john. thanks for having me. people can expect to see fully vaccinated masked revelers in times square in less filled viewing areas. and it's going to be a great experience for those who are in times square. it is also going to be a great experience for those who can watch the events at home on your show with anderson and andy or on our website at tsq.org. so we are expecting real festive day and night

>> there is no question people across the country, even in different time zones watch the ball drop in times square. it is nationally and internationally symbolic. but the calculation being made, this won't turn into what dr. jonathan reiner just told us he is concerned about, which is a superspreader event. why are you feeling confident that that prediction won't come true? >> we have listened to your memory expert dr. question who said there is a safe way to do it. we have to find ways to have fun. new york is open. our schools are open. our bars are open. our restaurants, hotels, theaters and sports venues are open. this is an outdoor event for fully vaccinated, masked individuals. and the medical experts think that is the responsible way to do it. so we're very comfortable. >> does this have to do with

what we have heard from other health experts, this is a pandemic now. it can potentially become an endemic and it is learning to live with it. we are in a different situation than we were last new year's eve where you did not see a majority of people vaccinated. new york is much more vaccinated than a lot of other places that are considering how to hold their celebrations or scaling them back even more. >> yes. that's a great point. covid is here for a while. we need to find ways to live with covid in a safe, responsible way. and get on with our lives. listen to the medical experts. but the data and science drive the decisions. and the scientists and medical experts think having an outdoor event for fully vaccinated people in a less defense environment and having them masked is a safe and responsible way to do it >> look, striking that balance -- >> for those who don't feel

comfortable, we recognize some people aren't ready to do that. for some people they can watch from the safety and comfort from your home, on your great show, on tsq.org. there are lots of options. >> appreciate that. certainly everyone who is going there are choosing. it's a big night for new york, for times square, for the new mayor eric adams and for the nation and the world. the eyes of the world are on times square. thank you for joining us. happy new year >> thanks for having me. happy new year. all right. okay. singer/songwriters james taylor and carole king 50-year partnership have had a truly remarkable impact on american music and american culture. and now check out this exclusive joint interview recorded for the new cnn film carole king and

james taylor just call out my name." she talks about how he played an instrumental year in launching her career. >> i was your seidemann. that's all i ever wanted to be. and you said i want you to go on stage and sing your song. wait, wait, what. no, no. i can't do it. no, you're going to do it. no, don't worry. and you gave me the loveliest introduction. and it might have been -- i could be wrong, it might have been queens college, which i went to. >> i seem to remember it was queens college. >> you said, everybody, i'm going to turn the stage over to carole king. you know her as a songwriter. she wrote, blah, blah, blah. he listed the whole thing. he made me preloved because everybody knew all of those songs. and i started singing. i wrote about this in my book. it's hard to -- i start playing.

and i'm terrified. i started feeling the love. i got to, let me tell you now. you made me do that. and i will always be grateful for your love and support and shoving the kid out of the nest. and i watched you on stage. however you were, you were authentically you and you loved being up there and you played the music. and your level of consciousness varied. and i watched you just be yourself. and i was like, oh, that's what you do. so thank you. >> what a cool story. the power of friendship and support. be sure to tune in. the all new cnn film "carole king and james taylor just call out my name" airing sunday

night, 9:00 p.m. eastern and pacific. up ahead, our coverage continues of this massive wildfire in colorado that destroyed hundreds of homes. the governor declaring a state of emergency. we are live on the ground in denver with the latest and the future of abortion rights in america we have more on that and other legal cases that will be critical to watch in the new year. inner voice (sneaker shop owner): i'm surprising my team with a preview of the latest sneaker drop. because i can answer any question about any shoe. but i'm stumped when it comes to payroll. intuit quickbooks helps you easily run payroll in less than 5 minutes... ...so you can stay... one step ahead. i've lost count of how many asthma attacks i've had. but my nunormal with nucala? fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection.

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2021 is coming to a close with several high profile legal cases we have covered closely, closing themselves. so, what is on deck for 2022? joining us now, cnn senior legal analyst and former federal prosecutor elie honig with his top five legal stories to follow in the new year. elie, what you got? >> well, john, first of all, the case against the former minneapolis police officers for the murder of george floyd is not over yet. the biggest single moment of 2021 in legal news was the trial of derek chauvin, derek chauvin convicted by a jury in minneapolis for the murder of george floyd and then pled guilty to federal charges. he's now going to be behind bars for the next two decades or so. but the trial of the other three officers is right around the corner. the federal trial for deprivation of george floyd's civil rights starts in a few weeks in january, followed immediately by the state trial. there is real risk here for both

sides. this is going to be a trickier trial for prosecutors, and these three defendants have to be two different trials which is extraordinarily hard to do. we could see plea talks, if so they're going to have to happen soon because these trials are right around the corner. >> they are right around the corner. but we also had this series of ongoing justice department investigations. so what should we be looking for as we approach the new year? >> yeah, kaitlan, three very high profile doj investigations with potential political ramifications. matt gaetz, the congressman from florida, under investigation for potential sex trafficking crimes. we know they flipped his associate joe greenburg, but that was seven months ago. we have not heard anything since then. hunter biden announced he was under investigation for potential tax fraud crimes in delaware. if he's charged, that will create an unprecedented situation, imagine the son of the sitting president being prosecuted by doj. and rudy giuliani under investigation by his own former office, my former office, the southern district of new york, for potential foreign lobbying

violations, they did a search warrant on rudy. but, again, that was eight months ago. we haven't heard anything since. these are three major shoes we'll be waiting to see if they drop in 2022. >> we will be looking to see if those shoes drop indeed. number three, got former president donald trump and his legal troubles. what's the deal? >> yeah, john. it is time for new york prosecutors, the ag and the d.a. to fish or cut bait on this one. they have been dragging this case out for three years. they indicted the trump org, no one goes to jail for that, indicted one executive on a tax fraud scheme. they're now shifting their focus over to this valuation question, how did the trump organization value its assets. ultimately, though, there has been a lot of talk out of new york state prosecutors on this case, but very little action. we don't -- you never know what prosecutors have behind closed doors, but there is no specific indication at this point they have a case against donald trump himself. worth noting there is a new district attorney in manhattan taking office this week. he will inherit this case, and

it will be up to him to decide where ultimately it goes. >> it is quite something to inherit when you just have taken a new job, we'll see how that plays out. en elie, number two, a major case coming down from the supreme court. >> yeah, kaitlan. this will redefine abortion rights in the united states. this involves a mississippi law that essentially makes it impossible for a woman to get an abortion in that state, directly contrary to roe v. wade, on the books since 1973. this case was argued to the supreme court earlier in december, i listened to the argument. 6-3 conservative majority on the court now. from listening to the argument, it sounds like five of the conservative justices do want to uphold that mississippi law, the question is will they outright strike down roe v. wade or will they find some softer middle ground to land in? this is going to redefine the landscape of abortion rights, kaitlan, enormous consequences here. they'll decide this by the end of the term, in june of 2022. >> high stakes, we'll see if

stare decisis means anything. number one, what is your number one legal story to watch in 2022? >> of course it is the ongoing investigation of january 6th. there are so many tentacles here. we have civil suits, the pending prosecution of steve bannon, we have got other potential prosecutions of mark meadows and other witnesses. we got doj bringing 700 plus cases against the rioters. we are going to see public hearings this year from the committee. we are going to get their final report this year from the committee. the biggest single question to me, though, in all of this, john and kaitlan, where is merrick garland, where is the justice department when it comes to the real power players, to donald trump and the other people who are behind the efforts to steal the election, behind the efforts to obstruct congress' counting of the electoral votes, and potentially behind the january 6th riot itself. that to me is the single biggest question as we head into 2022. where is merrick garland and where is the justice department? >> and, elie, before we let you go, i think that is a big question. we're coming up on that one-year

anniversary, we're less than a week away. we haven't heard a lot from them. so what do you expect -- should people be expecting something from the attorney general on this? >> i've not seen much from merrick garland that leads me to believe he's looking at donald trump in any serious way. and people want and deserve accountability here. and i think if doj doesn't at least open an investigation of donald trump and others behind this, i think it is a really miscarriage of prosecutorial responsibility there. >> well, we'll wait to see what they do. elie honig, thank you. hope you have a great 2022 new year. >> thank you, happy new year to both of you. >> happy new year to you. "new day" continues right now. good morning to our viewers here in the u.s. and in sydney, australia, where you can see moments ago, celebrating the new