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tv   The News With Shepard Smith  CNBC  November 23, 2021 7:00pm-8:00pm EST

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z >> we have to hold you to that fair enough? >> fair enough >> thank you so much she did come on tonight after a tough dwquarter. she is the ceo of gap. p there is always a bull market somewhere. i promise to find it right for you right here on "mad money." i'm jim cramer see you next time. "the news with shepard smith" starts right now the jury in the ahmaud arbery trial will be back at it tomorrow morning, and another victim in the christmas parade tragedy. i'm kelly evans in for shepard smith. this is the news on cnbc the suspect accused of plowing through a parade of people in court today. plus, the moment of his arrest caught on camera. >> you the jury must determine the guilt or innocence of each defendant separately >> deliberations begin, the future of the three men charged with murdering ahmaud arbery
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while on a jog now in the hands of the jury. pain at the pump getting worse. president biden steps in. >> an effort that will span the globe and its reach and ultimately reach your corner gas station, god willing. >> what the move means for gas prices. jeffrey epstein, new documents reveal what the disgraced financier and convicted sex offender was thinking and feeling just days before he was found dead in his cell. brian laundrie's cause of death finally revealed. some employers begin paying workers every day. and wildfires burning up america's christmas trees. >> announcer: live from cnbc, the facts, the truth, the news with shepard smith. good evening, everybody, a 6th person has now died after police say a man intentionally drove an suv through a crowded christmas parade in wisconsin.
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a prosecutor has confirmed the victim was a child and that more than 60 others were hurt in the tragedy. the suspect darrell brooks made his first court appearance late this afternoon he's facing five charges of intentional homicide he didn't enter a plea a prosecutor said they plan to add a 6th homicide charge later this week or early next week in the hearing the judge said after decades in law he was still surprised by some of the details in this case >> the nature of this offense is shocking, actually, the detail i was not expecting here today, to detectives, not lay people, detectives, not only tried to stop this but rendered an opinion that this was an intentional act. >> police say they believe brooks was speeding away from a separate domestic call to cops when he plowed through a barricade. in a criminal complaint multiple
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witnesses described brooks driving in a zigzag pattern. one said he felt it was a direct intent to hit as many parade participants as possible the six people who died, jane coolage, tamara durand, lee owen, jimmy sorenson, bill he or shephil, and the 6th victim, an unidentified child a group of grandmothers performing in the parade bill helped the group with their shows. cnbc's valerie castro is here with new details on how police say they caught darrell brooks. >> brooks was found a half mile from the parade route and new video from a doorbell appears to show ut moment police tracked him down a homeowner tells nbc news he was watching football, unaware of what was happening at the parade when brooks knocked on his door asking for help. >> i called an uber and i'm supposed to be waiting for over here
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i don't know when it's coming. can you call it for me, please i'm homeless. >> the homeowner said he let brooks inside, gave him a coat, made him a sandwich, and let him use the phone. later when he noticed police driving up and down the street, the man got nervous and asked brooks to leave. a neighbor called police and the homeowner says brooks came back knocking on the door saying he had left his i.d shortly after that, police can be seen confronting brooks on the porch. >> whoa, whoa, whoa. >> today police released this new mug shot of brooks leading up to that first court appearance his next court date is scheduled for january 14th prosecutors added today that if brooks is convicted on any of the charges of intentional homicide, he faces life in prison >> that's incredible that he was let into a house in the neighborhood and that person had no idea for that period of time. >> no clue he was watching football and didn't know what had happened. >> unbelievable. thank you so much. valerie castro tonight. meantime, a jury today began deliberating the fates of the
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three white men charged with killing ahmaud arbery. arbery was shot and killed while jogging near his home in south georgia. lawyers for the men say they were acting in self-defense and trying to make a citizens arrest because they thought arberys had stolen something in their final rebuttal, the lead prosecutor said they can't claim self-defense when they're the ones who started the confrontation. >> you can't force someone to defend themselves against you so you can claim self-defense this isn't the wild west there's no fear here there's only anger remember, it's a standard of reasonable beliefs that the force used is necessary. do you really believe he had no other choice but to use his shotgun. >> the prosecutor said there's no evidence arbery ever committed a crime in the neighborhood she said the defendants didn't see him commit a crime so they were essentially just chasing him because he was a black man running down the street. david henderson joins me now, a
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civil rights attorney and cnbc contributor. what did you make of that argument from the prosecutor >> you know, kelly, i thought it was a good way to characterize it for the jury. you know, self-defense is basically play your own rules. you push somebody off the swing, they kick you, you can't beat them up and claim self-defense at this point i think the jury gets it, but it never hurts to hammer home when you know they're going to start deliberating. >> the jury broke for tonight and begin again tomorrow morning. are you surprised they didn't come to a decision, and what do you think that could mean about the outcome gl i'm torn. this isn't a complicated case. it shouldn't take long the instructions are not complicated and the prosecutor gave good guidance on it sometimes a juror thinks, though, look, we sat through weeks and weeks of testimony, let's at least pay the courtesy to the lawyers and the system of making sure that we deliberate for a sufficient amount of time. i think it's still too early to draw any meaningful conclusions beyond the fact that they're taking this seriously. >> could it be tougher for the jury because there are multiple
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defendants. >> i do think it's going to be tough because of multiple defendants and i think that's part of the reason why the prosecutor hammered on the law of parties idea is if one person is guilty, every person is guilty that rule exists because of historic imbalances in our justice system, and sometimes jurors will resist it. this is a small town i have tried cases in small towns before, everybody knows everything, including the fact that this case was previously dismissed. >> david henderson, and again, the jury resumes their deliberations tomorrow morning. brian laundrie committed suicide by shooting himself in the head, that according to the coroner in sarasota, florida, today. he was a suspect in the missing person and later homicide case of his girlfriend gabby petito, which captured the nation's attention months ago the couple left on a cross country road trip back in june visiting sites and living out of a camper van, but she went missing in september, and after an urgent search, investigators found her body in a camping area
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near jackson, wyoming. it was the last place the two were seen together her death ruled a homicide by manual strangulation immediately attention turned to laundrie police say he drove home from wyoming to florida without her, but about two weeks after that, he went missing himself. police spent the better part of a month scouring a swampy park in southwest florida for him his parents said he liked to go hiking there his remains found in that reserve on october 20th. according to police, part of a skull, his backpack, and a notebook, we now know how lau laundrie died, but many questions are still unanswered where did he get a gun, what did his parents know, why did the laundrie family go on a camping trip a week before he went missing, and perhaps the biggest of all, why are brian and gabby dead police say a group of about 20 people and multiple cars and armed with a sledge hammer, broke into a nordstrom store in los angeles last night it happened at the grove mall.
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cops say the group got away with about $5,000 in merchandise, most escaped but police gave chase and arrested three suspects it's the latest in a string of smash and grab robberies across california, including several stores robbed and vandalized in the bay area this weekend. police say the mobs of looters are clearly planned events. some of america's biggest cities are closing in on annual homicide records f philly appears on track to report more than 500 homicides this year. that would top the all time record set back in 1990. in the nation's capital, d.c. police reported the 200th homicide this year, that's the most in a single year since 2003, and indianapolis could break its homicide record for the second straight year so far, 244 people there have been killed, just one shy of last year. nationwide killings spike nearly 30% last year from 2019. that's the largest one-year
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spike on record, and that's from the fbi. battling rising gasoline prices, president biden set to release millions of barrels of oil, but when can americans expect their pain at the pump to ease up. and passengers behaving badly on the rise, why some flight attendants are warning things could get worse as airports prepare for a crush of travelers ahead of the holidays. the $1 price tag no more, dollar tree raising its prices, how much and what's causing the hike
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president biden addressing rising gas prices as millions of americans are set to hit the road for thanksgiving. he announced today that he ordered the department of energy to release 50 million barrels of oil from the strategic petroleum reserve. it's part of a coordinated effort with other major energy
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consuming countries including india, china and the united kingdom. >> i've worked hard these past few weeks in calls and meetings with foreign leaders, policy makers, to put together the building blocks for today's global announcement. and while our combined actions will not solve the problem of high gas prices overnight, it will make a difference >> well, right now americans are feeling the pain at the pump according to data from aaa, the national average for gas is about $3.40 a gallon that's more than a 60% increase from just last year. and new york city, here's cnbc's seema mody. >> reporter: today's decision by the white house to tap oil reserves is aimed at helping americans, travelers we spoke to say they are still confused as to when that will translate into cheaper gas prices. >> especially around holiday times and people trying to do things for their family, it's very expensive for gas right now, very. the bad thing is eliminating
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something that's not really needed just to afford the gas. >> i know the economy is a little hard right now around the world but i hope our president can do something better for everybody. for the people. >> reporter: a survey from gas buddy shows just 32% of americans plan to drive this thanksgiving weekend, down from 35% last year, and 65% in 2019 due in part to the cost of gas. >> quite surprising given that where we are in the pandemic, broadly recovered compared to last year, but again, highlights how americans have been so frustrated by the rising price of gas over the last couple of months. >> reporter: the cost to fill up a tank of gas is now the most expensive in california at an average of $4.71 a gallon. that's a buck 50 more than what californians paid last thanksgiving, with texas and oklahoma seeing the lowest average prices, closer to $3 a gallon higher gas prices are forcing some consumers to sacrifice travel plans. >> i was paying to go to fill,
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actually, three days ago, and i actually cancelled the trip because it was getting too expensive with the tolls and the expensive price for the gas. >> reporter: over half of americans planning to hit the road tomorrow morning, plan to stay within two hours from their home now experts say if you do plan to drive tomorrow, use mobile apps like ways and gas buddy, which can tell you realtime gas prices as they can fluctuate across state lines. >> i'm going to check them myself see ma, thank you so much, tonight, seema mody. airports bracing for travelers during the holiday tsa expects to screen 20 million passengers, double last year tsa screened 26 million during the same period in 2019. still, flight attendants warn the jump could lead to an increase in bad behavior on commercial flights the faa has reported more than 5,000 cases of unruly passengers so far this year of those, more than 70% of incidents were from passengers
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who refused to wear masks. sarah nelson now, president of the association of flight attendants which represents about 50,000 flight attendants sarah, welcome, and this has obviously been a big problem during the pandemic. how are flight attendants preparing for the holidays well, we're preparing to do our job, kelly while everything else may be up, airline prices are down, and lots of people are planning to travel, and they can't wait to meet their families as they have been getting vaccinated and able to get back together so flight attendants are preparing to do our jobs by working through our unions with the airlines to negotiate incentives to go to work because airlines were staffing flights based on the assumption that people would work overtime hours like they did pre-pandemic today, with the concerns around coronavirus and the concerns around the conflict at work, people are just not picking up those overtime hours at the same rate so while we have more flight attendants on staff than we had
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pre-pandemic, if you compare it with flight hours, people are just not willing to work as much, and we needed to negotiate those incentives in order to make sure that we could cover the flight sgls you know, my mom was a flight attendant back in the day, and they were always taught when it came to dealing with passengers, kill them with kindness does that still work given what you're facing with the violence we have seen on flights this year and the mask issues how are flight attendants being trained to handle this >> kelly, we are trained in deescalation, and flight attendants are quite adept at it, and in fact, most flights don't make it on the evening news, so you can expect in most cases it's going to be a safe, efficient flight but we are really encouraging passengers to bring their kindness our deescalation skills range from kindness and cajoling, asking people to help out, to giving very clear and forceful demands when we have to. and we really do encourage passengers to look up, be
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helpers, be good witnesses, don't jump into conflict yourself, let flight attendants know so we can get to the problem as soon as possible, and only get involved if you see imminent danger. otherwise, we will instruct you what to do to help, and hopefully we can keep the temperatures down if we all come and pack our patience and practice a little kindness with each other. >> do you feel that your flight attendants are protected is enough being done >> we have to do a lot more, but i will tell you, there are clear announcements from the cockpit in the gate, signage around the airports because of the work of our union. the faa has been very clear that they have handed out more fines than in any other year to the tunes of millions of dollars, and passengers are now being prosecuted by the doj. now, this hasn't fully settled in to create enough of a deterrent, but we do have people on full alert and everyone engaged in working on this and that is a big change, and that has been a result of flight attendants calling for help and
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asking for specific, clear communications throughout the entire airport process on board the plane. that has made a difference, and i will tell you, even though the events haven't gone down with this small number of people who are causing problems for everyone, what we have seen is a rise in people wanting to be helpful, a rise in people saying thank you, practicing kindness and that has made all the difference. >> absolutely, and we hope these more violent events wane sarah nelson tonight, sarah, thanks. cvs, walgreens and walmart pharmacies, fueled an opioid ep d epidemic, ohio's ps said the pharmacy created an oversupply of pain pills, and it's the first verdict by a jury in an opioids case, and the first time any pharmacy has been held accountable. the verdict comes less than a week after the cdc reported that awful figure, drug overdose
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deaths reached record levels during the pandemic. more than 3/4 of those deaths from opioids the jurors only assessed liability. a federal judge will decide in the spring how much the pharmacies must pay in damages spokes people for the pharmacies say they will appeal the verdict. and america is still facing a major labor shortage many employers are doing all they can to fill open jobs some even offering workers the chance to get paid every single day. and have you ever wondered what happens to those racehorses after their careers are finished it's often a grim reality, but not mh o fsoucatnearm in kentucky we'll take you there next.
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are euthanized when owners don't have a use anymore a farm in kentucky is working to change that. contributor greg bledsoe spoke with the farm's founder about what they are doing to give retired racehorses a new home. >> i was very naive. i just knew i had this idea. >> come on, patch. patch is famous. he ran in the kentucky derby he only has one eye. my name is michael blowen, i started this in 2003, they're old and they're friends. that is place for old racehorses when they're done with their racing and breeding careers to come and retire, and finally enjoy life >> they deserve this >> yeah, and they've earned it when you think about it, they have worked hard their whole lives. before this, there were very few avenues for them to go some of them were humanely euthanized, some were retired to owners and breeders, and some ended up onslaughter trucks
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going off to the slaughter house, and i said i'm going to put them in my yard and hope that people come visit, and i knew this was a good idea. right now, we have about 156 >> thank you you just walk around here, and i can tell you stories about every one of these horses. silver charm every single one of them we got company our most famous horse right now is silver charm. he's a wonderful horse he's 27 years old. in 1997, he won the derby and the preakness, almost won the triple crown when he retired, he earned almost $7 million. and he retired with more earnings than any horse in the history of horse races he's also the sweetest and the nicest and the smartest. hey, pops. this one is popcorn delights, and he also is one of five horses to play sea biscuit in the movie, and we've got bellamy road, and he was owned by george steinbrenner he won the breeders cup classic
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and he beat cigar. he survived cancer he had three tumors on his rear end. here comes a bus so we get 25 to 30,000 people a year that was pre-covid >> thanks for coming, everybody. the more income we generate and the more fans that we have, the greater chance we have to get more horses and get more property and provide more horses homes. that's what we're really doing right, storm now, after care has become a big thing in racing, a lot of the farms and a lot of the racetracks now are very heavily involved in after care, so things are change ing. >> totally changing. >> how does that make you feel >> makes me feel great they have a great life here. i think they're happy, yes so every one of these horses has a great story, a great story. >> thanks to you, their story is a little bit longer than it might have been. >> and thanks to them, my story is probably a little bit longer, too. elizabeth holmes back on the
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stand, prosecutors claim the failed ceo manipulated documents in order to deceive investors. her response next. plus, did jeffrey epstein kill himself opinion is divided now new documents obtained by "the new york times" detail what he told prison officials in the s llndeaine he was fou dd hice (burke) this is why you want farmers claim forgiveness... [echoing] claim forgiveness-ness, your home premium won't go up just because of this. (woman) wow, that's something. (burke) you get a whole lot of something with farmers policy perks. [echoing] get a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪
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when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to ♪ ♪ well would you look at that? ♪ ♪ jerry, you've got to see this. seen it. trust me, after 15 walks gets a little old. ugh. i really should be retired by now. wish i'd invested when i had the chance... to the moon! [thud] [clunk] ugh... unbelievable. unbelievable. [ding] businesses across the country still struggling to hire
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workers. now some employers are lrolling out ncreative incentives. how about getting your paycheck every day. workers need to pay a small fee if they want to tap their earnings right now kate rogers explains. >> reporter: in the midst of a historic crunch, apps are gaining traction, they allow hourly workers to access paychecks same day instead of weekly or biweekly but the employee must pay a fee, 2.99 for instant access, and some have no fees at all. the company says it's being used across the service sector, and helping to on board workers more quickly. >> from a recruiting standpoint, our data is showing us employees who see a job ad that is offering daily pay as part of the benefits package, they actually come to that employer 53% quicker than they would if not. >> reporter: groups like the
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national association of consumer advocates have said these apps may be better than payday loans but need oversight the group's director saying the solution is to pay workers more, not offer access to their pay with a fee daily pay says the whole goal is to get rid of payday loans all together. >> something like 88% of our user base who used to use a payday loan actually no longer do 94% of our population who used to overdraft their bank account, no longer have a single overdraft. >> reporter: some restaurant owners say the benefit can be a helpful recruitment tool brandon stuart runs 50 jimmy johns locations, and it gives him an edge with hiring new workers. >> i saw that as an opportunity to pay our people faster in this environment, you get a lot of people asking for pay advances and things like that, which we were always willing to do for people that had already earned that money, you know, and daily pay just made it a lot easier for them to access their money much faster. >> reporter: now the real question here kelly, is this
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working, the most recent data from the national restaurant association shows four in five restaurants are still under staffed. while this could be a hiring and retaining tool, it's not the solution to the labor crunch in so many service industries. >> fascinating regardless, kate, thank you so much. boosting chip production deep in the heart of texas that's what's topping cnbc's "on the money. texas governor greg abbott today announcing a new samsung facility in taylor, texas. the south korean tech giant will build a state of the art semiconductor plant in the lone star state the $17 billion investment expected to bring thousands of jobs to the area construction is set to begin next year. dollars tree will soon be a buck 25, the discount chain bumping prices on a majority of its products by 25%. for 35 years it sold products for a dollar but company officials say they will now kick up prices to offset spiraling freight costs. and gobble up some nonfungible tokens this
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thanksgiving the macy's thanksgiving day parade returning in full swing this year, and bringing the nft craze along with it. the retailer is turning its iconic balloon designs into digital images they will be auctioned off, and proceeds will go to the make a wish foundation. now nft is traditionally bought with cryptocurrency. and tomorrow night, cnbc takes a deeper look into the world of cryptocurrency, what it is, what you can do with it, and how you can make money crypto night in america, tomorrow at 6:00 p.m. eastern on cnbc on wall street today, the dow surging 195 points, the s&p adding just 8, the nasdaq dropping 80, down for a second straight session i'm kelly evans in for shepard smith tonight, it's half past the hour, here's what's making the news on cnbc elizabeth holmes back on the stand. this time, testifying about allegedly manipulated documents.
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what she told the court. a massive settlement over the parkland shooting. how much the justice department might have to pay and the reason why. but first, new reporting about jeffrey epstein and his final moments in jail. the ”the new york times” obtaining 2,000 pages of prison records detailing jeffrey epstein's last few days before he was found dead in a manhattan jail cell. epstein was in jail on federal sex trafficking charges involving teenage girls. officials said on august 10th, he committed suicide, hanging himself with a bed sheet one record showed in the days before he died, epstein was upset about wearing an orange jump suit and being like quote, a bad guy when he said he didn't do anything wrong in the prison. another record shows that he had been talking to inmates about the s corps business, arbitrage and the celebrities he knew. a psychologist wrote that epstein denied any suicidal ideation, intention or plan. a psychologist also wrote that
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epstein wrote quote why would you ever think i would be suicidal, i am not suicidal, and i would never be the records show on the evening he died, he told a unit manager that he was calling his mom, but actually called his 30-year-old girlfriend "new york times" matthew goldstein joins me now, one of the authors of this "new york times" report. matthew, thanks, you and your team saw these documents for months in the reporting you write that mr. epstein created illusions until the very end how did he deceive those around him? >> hi, thanks for having me. yeah, it actually took us two years, and we had to go to court to get them. part of the illusions, looks like the biggest one was obviously the lie he said just before he, you know, hours before he killed himself that he was calling his mom when he wasn't, but, you know, he said throughout to the psychologist that he was a coward, that he never could kill himself, he claimed because he was jewish, it was against his religion to commit suicide you know, he tried to insinuate himself with some of his inmates by talking about how bad the
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food was and asking who was the best cook working there. one thing epstein you find did throughout his life is he tried to sort of be this sort of charmer type, and he sort of tried to do that i think one telling point, one of the psychologists, he said, i can't tell you anything unless i trust you. you know, and one can argue a lot of what he was doing was trying to basically do everything possible to convince them that even though he had the attempted suicide back in july, in 2019, that he wasn't suicidal >> so what then were some of the mistakes made by the prison, you kind of hinted at them in the lead up to his death. >> yeah, i mean, that's the one thing that really comes out from these records more than anything else, the tons of mistakes, you know, and some big and small, you know, when he's brought in, they identify him as being black, when obviously he's white. they talk about they had no history of sexual offenses, even though he was already a registered sex offender going back to 2008 in florida.
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they ordered psych exams, they didn't happen, they were delayed. like the phone calls, there were other social phone calls he made that were never logged or recorded or monitored. they allowed him to, like, have like basically be in the attorney conference room all the time by having lots of lawyers present, so he never was in the jail cell, and then you get to the biggest mistake of all was that he was left alone the night of august 9th when his current jail mate at the time was transferred out of the facility and you see all of these alerts going out. he can't be left alone at night. we need to have someone there, and yet nothing happens, and then of course, you know, the guards who were sleeping and browsing the internet that night were later or earlier this year, they pled, you know, guilty to a deferred prosecution that they were not watching him as they were supposed to >> so much we learned from this. matthew, thanks for your pursuit of these records and for joining us tonight >> thank you elizabeth holmes back on the stand for the third day in her criminal fraud trial
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it's still her defense team's turn to question her they're trying to convince the jury that the founder thought her blood testing machines worked and didn't mean to mislead doctors, patients and investors, except today she admitted to her role in one of the key pieces of evidence that prosecutors have presented cnbc's scott cohn live outside the courthouse in san jose, california, with the latest. scott. >> reporter: kelly, court just wrapped up for the day, we expect elizabeth holmes will leave anytime now as she begins and the court begins and the jury begins the long thanksgiving break with no court tomorrow elizabeth holmes launched a media and wall street stardom began in 2013 when theranos announced a joint venture with walgreens for in-store testing she acknowledged today in her first full day on the witness stand that the company was beset with a lot of big issues right arn that time as she was becoming a star. she claims she never approved marketing materials that she
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thought were misleading, including when the company sent around some altered documents. that was one of the most stunning revelations in the government's case, equally stunning today, elizabeth holmes owned it it was the white collar equivalent of a smoking gun in the prosecution case, a scientific report on the merits of theranos technology shown to investors and prospective business partners with the logos of pfizer and theranos side by side at the top, but a pfizer executive testified the drug company had nothing to do with the document, so who put the pfizer logo on the report. i did, holmes testified, she says she wanted to show that the research was done in partnership with pfizer, not to falsely claim that pfizer was endorsing the technology in hindsight, she says, i wish i had done it differently. holmes' defense in the case, maybe she was inexperienced and under pressure to bring her product to market amid mounting
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problems, but she never lied yes, she acknowledged, theranos processed some tests for w walgreens on third party equipment instead of its own but it was because of changes walgreens demanded in their agreement. she says she didn't tell walgreens about the third-party equipment in order to protect trade secrets. that secret being that theranos engineers had figured out how to process small blood samples on that third-party equipment of course what she didn't say was that testing on that equipment was notoriously error prone, yet another of the problems that theranos was dealing with as i said, court is now done for the long thanksgiving day weekend. when she comes back on the witness stand on monday, she will continue with friendly questioning from her attorney kevin downy, then it's the government's turn for what we expect will be some very long, very intense cross-examination >> and we now have all weekend it think about it. scott, thank you so much, our
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scott cohn. a chinese official speaking out on the safety of tennis star peng shuai a spokesperson says fears about her well being are overflown, and some people should stop the malicious hype, and not politicize this issue. he also declined to comment on whether the chinese government will launch an investigation into peng's sexual assault allegations against the country's former vice premiere over the weekend, we're told is that she's safe and that she asked for her privacy to be respected at this time but the head of the women's tennis association says he's still concerned about her safety meanwhile, human rights group, amnesty international is warning the ioc for entering dangerous waters in a statement, amnesty's china researcher said the ioc quote should be extremely careful not to participate in any whitewash of possible human rights violations and the justice department set to pay millions of dollars over the parkland school
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shooting a court filing shows the doj has reached a tentative deal to settle lawsuits filed by the victims' families. "the new york times" reports the amount could be $130 million paid out to 40 survivors and relatives. at issue is a tip the fbi received about the gunman, in which a caller warned the fbi about the gunman's desire to kill thefamilies sued claim ting that tip was acted on it was not assessed as a potential threat to life, and was never forwarded to the field office in miami. in all, 17 people were killed in the 2018 massacre. to date, it's the deadliest high school shooting in america the gunman pleaded guilty to all counts and is set to be sentenced next year. you have been told to get your shopping done early how are you planning to grab those holiday gifts. tonight, a look at how the shopping experience is changing. plus. no, i didn't think this day was going to come. not before i got this legal
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♪♪ it's one of the longest wrongful convictions in u.s. history. today it was over turned after 40 years, kevin strickland was revealed from jail today, a missouri judge exonerating him in a triple murder that happened in 1978. strickland who was 18 at the time always maintained his innocence. in a hearing earlier this month, prosecutors argued evidence used to convict strickland had been recanted or disproven since his conviction the missouri attorney general maintains strickland is guilty strickland told "the washington post" there are two things he wants to do once free, see the ocean for the first time and visit his mother's grave kellogg's is now planning to replace some of its 1,400 workers who have been on strike now for seven weeks.
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the announcement comes after negotiations fell apart again. kellogg's officials say they plan to keep their cereal plants up and running, using salaried employees and outside workers. some will be temporary, others will be permanent. kellogg's and the workers union are at odds over the company's two tier employment system right now it gives newer workers less pay and fewer benefits. union officials offered to restart negotiations early next month. and if you haven't already started your holiday shopping, you're behind. the percentage of people who started buying before thanksgiving used to be pretty equal to those who started after the holiday. check out this chart those numbers have been diverging over the past decade, now, nearly 70% of americans say they have already saturdtarted plan to start shopping before thanksgiving last year the pandemic sped up the move to online buying, one of the many changes covid brought on during the holiday season cnbc retail report r, people
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were shopping online before the pandemic, is that why they're starting to buy earlier and earlier. >> that's definitely one of the dynamics online sales are expected to jump by 10% compared to last november and december, some of that because people are ordering packages early, and in other cases, using things like curbside pickup they got to know during the pandemic. >> that i can attest to has been an attractive option what about people who want to go back to stores now that they can. >> stores are seeing a comeback. i spoke to best buy ceo corey berry, saying this is showing up even before black friday a lot of people seeing returning to the malls is a way to feel festive again, and having that item in hand may give people peace of mind. >> and experiences are making a comeback, is that right? >> yes, exactly, especially for younger consumers, millennials and gen z, experiences like a spa day or a trip to the beach is making a comeback, especially after a year when that seemed very impractical. >> yes finally, let's talk about buy now, pay later, it's a new way,
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you get the thing right away, buy you, you pay over a few months, retailers seem to love it, how can it affect the holidays. >> think of this as a modern spin on lay away, something modern retailers have phased out, and a way to offer gifts they can pay over time they walk out with the item in hand and pay in installments, something retailers from macy's to target are talking about, and it seems to be catching on one in four people have tried buy now pay later in the past three months. >> buying sooner, spending more, sounds good for the retailers this year. melissa, thank you so much. the 2022 grammy award nominees are out ahead of the 64th ceremony in january jon batiste leads the way with eleven nominations, justin bieber, dodge cat and hgr with eight apiece olivia rodrigo and fin yus in
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the big four for album of the year, record of the year, song of the year, and best new artist these nominations come months after the recording economy made sweeping changes to the way it makes selections the grammys have been criticized in recent years by prominent artists like jay-z, drake, kanye west and the weeknd over concerns that black artists have been routinely passed over joe levy joins me now, editor at large at billboard, thanks, big changes to the ruleds, do the nominees indicate they succeeded in fixing the system. >> well, we've got a good start. i'm not sure we have succeeded in fixing the system and of course we won't know much until the awards are actually given out next year but there have been big changes, one of the biggest synonymous or secret committees that took the nominations and the votes that had been submitted so far and made their own decisions based on what they thought should happen, those have been done away with. what we see now are the results, the nominations, this is what
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the grammy voting body wants us to pay attention to, and it's more inclusive and interesting >> jon batiste leads the way, a jazz artist, we were sampling his music earlier. thoughts, and what surprised you? >> i think eleven nominations for jon batiste is a big surprise he himself was surprised and everybody was. to see him nominated in the major categories for an album that good as it is didn't receive a tremendous amount of commercial attention, that's a big surprise, but also we see tony bennett and lady gaga nominated in two of the big four categories and this is a bit of a surprise as well and this is what grammys is famous for, a little bit of something for everybody. if you like jazz, if you like music with a message, here's jon batiste with eleven nominations. if you like old music, the old kind of singing that we don't have, well, tony bennett, here's two nominations for him. this is the reputation that the
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grammys has always had, along with nominations for a lot of young hit makers, there are these nominations that are old school >> a name or two you think they left out >> well, a few surprises i'll tell you one name that surprised me had not been nominated before, abba has a nomination they are making music together again. i was surprised to learn they had never been nominated for a grammy during their heyday in the 1970s and '80s but also bts who the recording academy asked to help them announce the nominations, this is the k pop boy band. they are huge worldwide, they got just one nomination, and not in one of the big categories and that was a bit of a surprise. >> all right we look forward to it, joe we'll see who walks away with the trophies thank you, tonight, joe evy. thanksgiving minus the family anxiety, how friendsgiving is taking off and the old traditions that are being thrown out.
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plus, jane wells is in oregon looking for the perfect christmas tree how is the crop looking this year, jane >> reporter: well, you know, i love noble firs and they're only grown in this part of the country, but this year, the crop isn't looking so noble when we come back, oh, ta tannenbaumer
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when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. it's the most wonderful time of the year, unless you're a christmas tree farmer this year. tree growers in oregon are facing a supply crunch after record breaking heat waves singed much of their crops this summer farmers say they have recovered some of the older trees but in some places growers lost all of their seedlings and that spells big trouble for the the trees of chris ma future. jane wells is at a tree farm in oregon for us tonight. >> reporter: yeah, you know, noble firs are a very popular tree but given what's happened, expect some sticker shock this year, and also for christmas
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2029 it's the busiest week of the year. >> hold on, just a moment. >> if you're a christmas tree farmer >> hold on, tom. >> reporter: and i'm trying to catch up with farmer tom norby in corbin, oregon. is this your biggest day today >> no. >> reporter: every day is a big day now, getting the best trees ready for christmas. ♪ ♪ except this christmas isn't so merry. norby grows tens of thousands of th noble firs, but a lot of this year's crop is being left behind unprecedented heat last june seared these trees for three days straight. >> it never gets to 116 degrees in oregon. that's unheard of, at least up here, and nothing survives and the top got completely fried. >> reporter: greg smith is a
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third generation christmas tree farmer in the town of malala >> fields that should have been 100% clear cut, we had a 20% rate of what we could sell. >> reporter: you mean a 20% reduction. >> 20% we could sell. >> reporter: the worst part is what happened to the 50,000 seedlings he planted for christmas 2029 >> so the seedlings were 100% losses >> reporter: oregon state university estimates 70% of noble fir seedlings across the state are gone, but all is not lost >> we're going to go out and cut trees. >> reporter: some of the mature trees had enough new growth this fall to cover up the brown and any tree shortage can be made up by cutting down some of next year's crop early. but get ready for inflation. >> trucking is more. my labor is more everything is more >> reporter: but if the ghost of christmas tree present looks expensive, who knows about the christmas tree future. to make up for the loss of all
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the seedlings, farmers will continue to blend crops, blend vintages, if you will, hold some trees longer, cut some trees sooner so they have some kind of crop through 2029 but that's assuming there's not another catastrophic heat event. >> those sad little christmas trees. jane, thank you so much. jane wells tonight. americans from coast to coast are celebrating friendsgiving this year, a thanksgiving feast with the family you choose, your friends, and the online invitation company e vit reports invites for friends givings are up 40% for those who go all out, it's become quite the event thooers cnbc's andrea day. >> my name is debbie and i brought the ham. >> i'm sarah, i brought the jalapeno poppers. >> i brought devilled eggs and white claws. >> reporter: groups of friends building new traditions. >> we are ditching the turkey
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for sure yes. >> we like took it to the next level. >> reporter: like this rooftop party in chicago sarah and seth just hosted for 26 of their besties. >> we made a 25 pound turkey i probably made about 15 pounds of mashed potatoes >> mac and cheese. >> i am a crazy planner. we locked this date in like months ago >> reporter: she even had spreadsheet going with all of her friends to keep track of the side dishes. >> google docs for everything. >> reporter: how does it stack up with thanksgiving day by the actual family. >> i barely cook anything for thanksgiving sorry, mom. >> reporter: friendsgiving is so hot, the rental property in upstate new york is fully booked for the month. >> they want to know how much pots do i have, do i have the right pots. >> reporter: she says four couples will be here on thanksgiving day for a friendsgiving get away
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in queens new york, anita is all about her squad. >> this is the main event. >> it is my all time favorite holiday. i start planning and pinning posts on pinterest months in advance. >> reporter: so what's behind the shift from family to friends. >> cheers. >> people you'recomfortable with it's people you want to see, not to say that people don't want to see their families it's all of our friends, so it's not like somebody is going to be like wow, you did a terrible job. >> friends is the family you choose these are the people i want to spend friendsgiving with, and see and share laughs with, and be myself. >> reporter: and she says that friendsgiving, there's no family to ask those dreaded questions >> when are we going to dance at your wedding, who are you dating, so are you seeing anyone, time is ticking. >> reporter: in atlanta, georgia, farrah wilson says it's not the question but the lingering family feuds. >> they're just silent silently somebody feels something about something or
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someone, and then it gets discussed for the next ten months. >> reporter: she says her friendsgiving takes work but the payoff is real. >> you don't have to worry so much about who's not talking to who this week. with family, it can be a little different. if my parents were coming, they would expect, especially my mom, she would expect me to bake a t turkey with friendsgiving, there's no expectation. you buy a turkey breast, all my friends know, girl, you're good. we know. >> reporter: and kelly, fara celebrated with her friends a few days ago, but moms and dads all over the place will be happy to hear, that most of the people in our story are planning to spend the actual turkey day with family kelly. >> so they get to double up. andrea, thank you very much. and if you need to watch something with your friends, how about the macy's thanksgiving day parade last night, performers took to the streets to rehearse ahead of thursday's big event it's back to the 2 1/2 mile
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route after the pandemic shortened it to just a block last year. only people 12 and older who are fully vaccinated against covid will be able to march in the parade if you're only spectating, no vaccination is required. 50 seconds left on a race to the finish tomorrow morning, the jury will continue to deliberate the fate of the three men charged in the killing of ahmaud arbery the suspect in the waukesha, wisconsin, parade tragedy has been charged he faces five counts of first-degree intentional homicide this as we learned that a 6th person has died, a child and now you know the news of this tuesday, november 23rd, 2021 i'm kelly evans in for shepard smith, follow us on instagram and twitter @thenewson j cnbc, and stlien to the news podcast on apple, spotify or your favorite platform. "shark tank" is next listen to t
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apple, spotify or your favorite platform "shark tank" is next when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to
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>> welcome to the shark tank, where entrepreneurs seeking an investment will face these sharks. if they hear a great idea, they'll invest their own money or fight each other for a deal. this is "shark tank." ♪♪ first into the shark tank is j. jones, an american who believes he has perfected a traditional english treat. hi, i'm j. jones from denver, colorado, my company is jones scones. and i'm asking for $100,000


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