that's all for this edition of "dateline." i'm craig melvin. thank you for watching. [theme music] and good evening, top of the hour, i'm shepard smith. this is the news on cnbc right now, house impeachment managers are delivering the article of impeachment to the senate chamber they'll make the walk all the way across statutory hall, a three-minute walk we're told once they reach there, they'll deliver that to the united states senate. i want to bring in a guest while we watch and we'll be able to do that in just a moment i'm told melissa murray is with us,

professor of law at nyu. your thoughts as this historic second in a row for one president, impeachment process begins >> well, shep, this is a familiar scene watching the house impeachment managers walk the articles of impeachment across statutory hall to the senate but so much has changed since just a year ago when we saw this same ceremony play out. obviously all of the managers are swathed in masks that is obviously because of the pandemic something we had not even anticipated last january but again, at the center of all of this is a most unorthodox president whose actions while in office prompted an unprecedented congressional action to impeachment in the course of just four years. >> well, let's listen as they carry out their duties here and deliver the articles

the hour of 7:00 p.m. has arrived. the acting sergeant at arms will present the managers on the part of the house of representatives. >> mr. president and members of the senate, i announce the presence of the managers on the part of the house of

representatives to conduct proceedings on behalf of the house concerning the impeachment of donald john trump, former president of the united states >> the managers on the part of the house will be received and escorted to the well of the senate >> sergeant at arms will make the proclamation >> hear ye, hear ye, hear ye,

all persons are commanded to keep silent on pain of imprisonment, while the house of representatives is exhibiting to the senate of the united states an article of impeachment against donald john trump, former president of the united states >> the managers on the part of the house will proceed. >> mr. president, the managers on the part of the house of representatives are here and present and ready to present the article of impeachment, which has been preferred by the house of representatives against donald john trump, former president of the united states the house adopted the following resolution which, with the permission of the senate, i will read

house resolution 40 in the house of representatives, united states, january 13th, 2021 resolved that mr. raskin, miss degette, mr. cicilline, mr. castro of texas, mr. swalwell, mr. lieu, miss plaskett, mr. neguse and ms. dean are appointed managers to conduct the impeachment trial against donald john trump, president of the united states. that a message be sent to the senate to inform the senate of the appointments and that the managers so appointed may in connection with the preparation and the conduct of the trial exhibit the article of impeachment to the senate and take all other actions necessary, which may include the following, employing legal, clerical and other necessary assistance and incurring such other expenses as may be necessary to be paid from amounts available to the committee under the judiciary under applicable expense resolutions from the applicable accounts of the house of representatives to sending for persons and papers and filing with the secretary of the

senate on the part of the house of representatives any pleadings in conjunction with or subsequent to the exhibition of the articles of impeachment that the managers consider necessary. nancy pelosi, speaker of the house of representatives with the permission of the senate, i will now read the article of impeachment house resolution 24 in the house of representatives, united states, january 13th, 2021, resolved that donald john trump, president of the united states, is impeached for high crimes and misdemeanors and that the following article of impeachment be exhibited to the united states senate, article of impeachment exhibited by the house of representatives of the united states of america in the name of itself and of the people of the united states of america against donald john trump, president of the united states of america in maintenance and support of its impeachment against him for high crimes and misdemeanors article 1, incitement of insurrection the constitution provides that the house of representatives shall have the sole power of

impeachment, and the president shall be removed from office o impeachment for and conviction of treason, bribery or other high crimes and misdemeanors further, section 3 of the 14th amendment to the constitution prohibits any person who has, quote, engaged in insurrection or rebellion against the united states from holding any office under the united states, unquote. in his conduct while president of the united states and in violation of his constitutional oath faithfully to execute the office of the president of the united states and to the best of his ability preserve, protect and defend the constitution of the united states and in violation of his constitutional duty to take care that the laws be faithfully executed, donald john trump engaged in high crimes and misdemeanors by inciting violence against the government of the united states in that on january 6th, 2021, pursuant to the 12th amendment to the constitution of the

united states the vice president of the united states, the house of representatives and the senate met at the united states capitol for a joint session of congress to count the votes of the electoral college. in the months preceding the joint session, president trump repeatedly issued false statements asserting that the presidential election results were the product of widespread fraud and should not be accepted by the american people or certified by state or federal officials. shortly before the joint session commenced, president trump addressed a crowd at the ellipse in washington, d.c there he reiterated false claims that we won this election and he won it by a landslide. he also willfully made statements that in context encouraged and foreseeably resulted in lawless action at the capitol such as if you don't fight like hell, you're not going to have a country anymore. thus incited by president trump,

members of the crowd he addressed in an attempt to, among other objectives, interfere with the joint session's solemn constitutional duty to certify the results of the 2020 presidential elections unlawfully breached and vandalized the capitol, injured and killed law enforcement personnel, menaced members of the congress, the vice president and congressional personnel and engaged in other violent, deadly destructive and seditious acts president trump's conduct on january 6th, 2021, followed his prior efforts to subvert and obstruct the certification of the results of the 2020 presidential election. those prior efforts included a phone call on january 2nd, 2021, during which president trump urged the secretary of state of georgia, brad raffensperger, to, quote, find enough votes to overturn the georgia presidential election results and threatened secretary raffensperger if he failed to do so

in all this, president trump gravely endangered the security of the united states and its institutions of government he threatened the integrity of the democratic system, interfered with the peaceful transition of power and imperiled a coequal branch of government he thereby betrayed his trust as president to manifest injury of the people of the united states wherefore donald john trump by such conduct has demonstrated that he will remain a threat to national security, democracy and the constitution if allowed to remain in office and has acted in a manner grossly incompatible with self-governance and the rule of law. donald john trump warrants impeachment and trial, removal from office and disqualification to hold and enjoy any office, honor, trust or profit under the united states, nancy pelosi, speaker of the house of representatives. mr. president, that completes

the exhibition of the article of impeachment against donald john trump. president of the united states the managers request the senate take order from the trial. the managers request leave to withdraw >> thank you, mr. raskin, and the senate will duly notify the house of representatives when it is ready to proceed with the trial. thank you. >> again, the proceedings will take place beginning the first week of next month back to melissa murray now, professor of law at nyu. thanks for standing by with us could you give our viewers an idea of what this trial will look like, much like a trial in a court of law or how would you describe it >> this is not going to be like an ordinary criminal trial for the first -- in the first instance this is no ordinary defendant. this is a former president of the united states.

by the same token, you are not going to have an ordinary criminal trial where you have impartial jurors the senate themselves will be sitting as jurors in this trial, and there's no expectation of impartiality in the same vein there's no expectation that the house managers who will function as prosecutors here are required to prove all elements of the crimes charged beyond a reasonable doubt, which would be the standard in a criminal trial instead, the standard for each senator is simply whether or not she believes that the level -- the threshold for impeachment has been crossed and that a conviction is warranted. also important to note here, there are actually two votes that the senate can take up. one is the question of conviction and whether to remove donald trump from office that, of course, has already happened since his term has concluded, but there's a second vote that can come after that, and that is whether or not to permanently disqualify him from holding public office. as to the first question, whether he can be removed, a

number of senators have already floated the possibility that because he is a former president, this impeachment trial is constitutionally impermissible. a lot of constitutional law scholars have been debating it. many believe it is permissible as a matter of constitutional design that the framers would not have intended for a president to evade scrutiny for official misconduct solely because his term of office had come to a conclusion, but this particular loophole might provide some senators with political cover to avoid actually inflaming their base by convicting while also not appearing to condone the actions that the president possibly incited on january 6th >> regarding rules of evidence, would you anticipate there would be, for instance, videos of the insurrection as it happened, the video that so many of us have heard as a number of them said, well, the president sent me here to do this what's allowed what's disallowed if anything?

>> that's the thing. it's not like an ordinary trial where there are specific rules governing the admission of evidence this is for the senators to work out for themselves they get to make the rules for this they get to determine whether or not there will be witnesses and what kind of evidence will be admitted so we may well see video evidence, we may see testimony from individuals who participated in the insurrection on the capitol it really just depends on what the senators work out for themselves, and again this is another way in which this is not like an ordinary criminal trial. this is something that's going to be brokered, a matter of compromise between the two sides of the senate. >> melissa murray, professor of law at nyu, thank you so much for your time and insight. appreciate it. i want to turn back to ylan mui for a little bit of the political side of this mcconnell, mitch mcconnell has said, leader of the republicans in the senate, has said, i support the impeachment process. has not said whether he will

vote to impeach. he says he wants to see the evidence as presented. is this a case of as mcconnell goes so goes the senate, or is it even more difficult than that >> reporter: i think it's more difficult than that, shep, and part of the reason is because republican leadership is not what they call sort of whipping the votes on this. this is something that they are letting senators decide for themselves based on their own conscience, based on their own constituents which way to come down on this trial some senators are saying that they want to withhold any judgment until they see all the evidence that's presented. some senators, republicans, are moving to dismiss this out of hand because of the constitutionality concerns that melissa murray just brought up before me, but it's clear that there's a lot of passion here. no one just is sure where to direct it, and i think we heard this laid out most poignantly from senator rob portman who

announced that he is retiring, republican senator from ohio, he is not going to be run ing for re-election after his term ends in 2022 and said it's really tough to be in public service these days and that the forces that are dividing us have become greater than the forces that are uniting us. no one is really looking to find that common ground anymore on capitol hill, and i think this trial will be a moment when we see whether or not those forces really will overcome and how broad the divides are between republicans and democrats and what the future of both parties will be. >> yeah, you have to wonder as we get farther and farther from the january 6th insurrection if we don't find some clarity on this matter. so far not yet on a rainy night in washington, ylan mui. and covid watch because there is a lot of news to report tonight. it's important multiple mutations of this virus are happening around the world, as expected and projected, and there is news on a number of them first, the brazilian strain,

health officials confirmed today we now have one case of the brazilian strain in the united states the patient recently returned to the twin cities metro area after traveling to brazil. that's according to the minnesota state health department it's one of the mutated strain of the virus that is leading to major moves as cnbc reports tonight. moderna announced just today it's working to update its covid vaccine. you see the company's researchers say the current shot or shots may be less effective against the south african strain meantime, president biden reimposed travel bans to try to contain these new variants the united states now blocking travelers from nearly 30 countries including the united kingdom, brazil and south africa it's a move that dr. fauci approved of this morning on the "today" show. >> i think it was very prudent what the president did on restricting travel of non-u.s. citizens from south africa to the united states.

>> he added that travelers will have to show a negative covid test before they board a plane coming to the united states. again, a lot of news on this subject tonight. meg tirrell covers science and medicine for us. what do we know about this new effort by moderna? >> reporter: well, shep, the first thing to know is moderna thinks its vaccine still works against these new variants now, it looked at two in particular, one known as b.1.1.7 associated with the uk and one called b.1.351, which is associated with south africa and which shares some similarities with that p1 strain from brazil you just mentioned now, what moderna found against b.1.1.7, it appeared to produce the same level of neutralizing antibodies as against prior strains. against b.1.351 they saw a sixfold reduction. that's concerning, but the antibody levels are still high enough that they believe they'll be protective.

moderna said it plans to test both a booster shot of its original vaccine and develop a new vaccine targeting the b.1.351 variant out of what its ceo stephan bonn -- bancel is an abundance of caution >> what is unknowable is what will happen in 6 months, in 12 months, especially to the elderly because they have a weaker immune system, and immunity might go down over time >> reporter: now he said he expects we could end up getting annual covid shots adjusted to address new variants, the same way we get annual flu shots, so how quickly could we get a new vaccine cleared for market well, potentially relatively fast if scientists get an understanding of the immune response required to provide protection that way vaccines could be cleared based on the levels of antibodies or t-cells they generate, data much faster to obtain rather than running large scale efficacy trials that can take several months or longer

when you're not moving at warp speed during a pandemic. that's how updated flu shots get cleared for the market each year experts tell me it's not certain this is how covid will play out, but, shep, they all agree it's best to prepare. >> meg tirrell, thanks so much dr. kavita patel, nbc news medical contributor, former white house health policy director under president obama dr. patel, thank you as always does this news from moderna mean that we're going to have to get booster shots for years and years to come, or do we not know yet? >> yeah, shepard, good to be with you we don't know, but i do think, as meg said, we all suspected that this would not be our only set of shots, whatever we're receiving, and i think it points to at least potentially something every several years or a booster, which is also i just want to point out something we do see with other immunizations, so that's not unusual. but whether it's yearly or how often, i think that kind of depends on what we see with

these strains and how much they escape the immune system the good news is the current vaccines are effective, and we just need to get them in people's arms as quickly as possible. >> and there's more good news as you well know, doctor. covid cases, hospitalizations, death rates are all lower since their peak, not dramatically, but lower trending down for a couple of weeks or so. is this a sign that the worst could be behind us, or could these variants upend this trend? >> yeah, so, look, if i've learned one thing, shepard, in kind of understanding covid on the clinical lines and in public health, this virus always gives us a new twist and turn, so i will say that what we do know from the short-term data, hospitalizations, deaths, seven-day averages, positivity rates are coming down. that's good news it looks like we've kind of gone past the crest or that peak of that post-holiday surge, shep, that we were really worried about. could we see something more dire

soon to come very low likelihood given the fact that we do have two incredibly effective vaccines available. also don't forget we've got several manufacturers up in line, johnson & johnson, novavax with data to report that will hopefully add to our armament of vaccine technology, so i do think that -- >> it can't come soon enough. >> i hope the worst is behind us. >> i hope you're right this johnson & johnson vaccine, a lot of people are mighty excited about that on the other hand, merck is out of the race and focusing instead on antivirals. how significant is merck's shift here >> you know what, to be honest, shep, in the community we were not surprised to see merck withdraw its technology for the covid vaccine. i think the early data and kind of the strategy they had used were pointing to signs that that would not be as successful as an effort, and certainly they were

also obviously looking at kind of current clinical trials from other manufacturers. remember, this is kind of this unprecedented global cooperation between manufacturers, supported in a large part by the united states government, so that possibility that merck could have been successful was there in the beginning, but now that we know it's not necessarily coming to fruition, its withdrawal does not have as significant an impact, but an interesting fact, we did prepurchase hundreds of millions of doses, so i think it points to the idea that supply could become constrained if we do not have those upcoming manufacturers that i mentioned, specifically johnson & johnson approved in the next several months, but not a shock that merck withdrew this. >> masks and distancing and hand washing and lots more on masks in just a minute stay with us dr. patel, thank you as always. first politics though there's movement among the gop tonight. we have retirement

announcements, a run for governor and censuring members of their own party the former president has moved out of the white house but is not far from the minds of his loyal followers. is allegiance the ideal strategy

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delegating? oh, good one. move your xfinity services without breaking a sweat. now that's simple, easy, awesome. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. an an update on a story we brought you on friday night. more than 1,400 workers at the hunts point produce market in the bronx have ended their strike

the workers wanted more pay, hazard pay, if you will, and say they have reached an agreement under the new deal the hourly wage goes up 70 cents in the first year, 50 cents in the second and 65 cents in the third. they had a six-day strike. it threatened to disrupt the entire supply chain out of the country's largest wholesale produce market all of those target holiday runs are paying off, and that's what's topping cnbc's "on the money. target reports it's giving hourly workers a $500 bonus, store directors and other leaders to get an extra $1,000 to $2,000. the retailer reported strong earnings over the hol lay period comparable sales up more than 17% in november, and december online sales doubled. amc raised enough money to keep the lights on the ceo says the company secured $917 million in financing since december the 14th. that means for now bankruptcy is off the table for the world's

largest movie chain. shares soared as much as 70% during trading today coming t and the wwe is coming to peacock. nbc's -- i should say cnbc's parent company, nbc universal, announcing today it reached an exclusive deal with the wrestling company. peacock will begin streaming wwe content on march the 18th. that includes original series, documentaries and pay-per-view events the deal puts an end to the wwe network's independent streaming platform in the u.s. the wrestling fans will get to watch all of their favorites on peacock for half the price on wall street, the dow down 37 the s&p up 14. the nasdaq up 93 i'm shepard smith on cnbc. it's the bottom of the hour. time for the top of the news the house of representatives just delivered its single article of impeachment to the u.s. senate.

it charges the former president with inciting insurrection tomorrow senators are to be sworn in the trial scheduled to start the week of february the 8th it comes as senator rob portman, a two-term republican from ohio, announced today he will not seek re-election when his term ends next year. in a statement he wrote that partisan gridlock is a major factor in his decision to retire portman among the senators who said the former president bears some responsibility for the assault on the u.s. capitol. meanwhile, at the state level, a sign that loyalty to the former president is still very much alive within the party the arizona republican party voted to censure three prominent gop members over the weekend they include the governor, doug ducey, former senator jeff flake and cindy mccain, senator john mccain's widow ducey censured for putting in covid restrictions flake and mccain's censure was

for failing to support the former president this morning, sarah sanders announced she will run for governor of arkansas she served as press secretary and has been a loyal ally of the former president sanders says she's running to oppose what she calls the radical left nbc news chief washington correspondent hallie jackson on our top story at the bottom of the hour let's start with the news from senator portman. what exactly does this exit say about the state of the party right now? >> reporter: well, it says that the state of the party, shep, is that it is largely still a party led by former president trump, right? rob portman is somebody, is an ohio senator who is not considered super moderate but he did sometimes vote with democrats, but h largely voted along party lines. that said he was uncomfortable, as you noted in his statement, he was uncomfortable with the direction of where the party is going, and this is such an interesting state. of course, ohio that had gone for former president obama and

former president trump, and when you look at what this means, it's a real piece of the reckoning for the republican party moving forward that is, as we've talked about here, what i think is the most interesting story in washington, one of them at least over the next couple of years until 2022, where does the gop go now that its former leader, right, president trump is ensconced down in his mar-a-lago resort in florida. is it still the party of trump or not, and what does portman'sr people like departure seems to say is right now, it still is, and right now maybe there's not room for people like senator portman. he certainly didn't think so in this current republican party, shep >> yeah, seems pretty clear in the moment, hallie some of the house republicans who did vote to impeach now appear they may be facing some primary challenges because of that vote. how much does the former president's influence weigh on those republicans up for re-election? >> reporter: listen, potentially a lot. i've been on the phone for most of the day sort of talking and reporting with sources in and around trump world, and the thing i keep hearing, it's been

reported elsewhere, talking a lot about potential primary challenges against people who he feel like has wronged him, so maybe high on that list you'd put, for example, congresswoman liz cheney, member of gop leadership voted to impeach president trump this time around primary challenger potentially going to be backed by donald trump here i could name four other people for whom that's the case think about perhaps outspoken republicans in congress in the house republican caucuses who did come out against president trump. he is very much eyeing going up and supporting primary opponents in a way, you know, partly, i i don't want to say vengeance, but this idea that president trump, former president, feels like he was wronged by some republicans and has staunch support from many republicans in the house conference, you know that, i think that will be one of the key things to watch here, how much does that sort of trump brand on somebody's primary challenge help lift them it depends on the state. in a state like, for example,

certain districts, i'm thinking of ohio or pennsylvania, maybe not as much in wyoming from where cheney is from, that's one of the that i think the president and his team are doing calculations on right now, shep. >> yeah, clearly thanks so much, hallie jackson, live in washington there's a lot of push and pull these days the senate minority leader now, mitch mcconnell, took issue today with what he called president biden's sprawling coronavirus relief package >> any further action should be smart and targeted, not just an imprecise deluge of borrowed money that would direct huge sums toward those who don't need it >> well, that sentiment echoed by senators in a call actually over the weekend that was supposed to help the two sides come to some sort of agreement, but president biden said the debating is really just part of the process. >> i'm open to negotiate those things that's all i picked it because i thought it was rational, reasonable, and it

had overwhelming bipartisan support in the house when it passed but this is all a bit of a moving target. >> let's get to cnbc's kayla tausche live in washington kayla, the president seems to be open to negotiating this deal, one that's getting pushback really from his left and his right. >> reporter: and, shep, not just open to negotiating, but even floating some of the items on which he could negotiate like perhaps targeting who exactly would qualify for those direct checks to people who are lower income and in more need. biden in that event today was drawing some parallels to these negotiations and the 2009 fight over that stimulus bill where he secured three republican votes to get that passed but said it came down to the final day, and he said this time around, the parties are not yet at that take it or leave it state >> and i don't expect we'll know whether we have an agreement and to what extent the entire package will be able to pass or not pass until we get right down to the very end of this process

which will probably be in a couple of weeks, but the point is this is just the process beginning. >> reporter: democrats are weighing plans to push through a package without guaranteed republican support through a budgetary tool called reconciliation where the senate could pass the bill with a simple majority. earlier today the white house press secretary said it is not a four-letter word. >> reconciliation is a means of getting a bill passed. there are a number of means of getting bills passed that does not mean regardless of how the bill is passed that democrats and republicans cannot both vote for it >> reporter: but psaki acknowledged time is of the essence calling attention to a mid-march expiration of unemployment benefits as one deadline of sorts while suggesting the white house would want to see movement much sooner many lawmakers believe that letting negotiations drag beyond the february start of president trump's impeachment trial would

all but kill any bipartisan deal in the works on nbc's "meet the press" thiss whether they would nee weekend dick durbin, one of the most senior democrats in the senate, was aske whether they would need to get those ten republican votes by february 8th if at all, and durbin said, i hope it will happen that way. shep >> kayla tausche live in washington thank you. a lawsuit, a billion dollar lawsuit filed against the former president's personal attorney. how the lies and conspiracy theories spread about the election have landed rudy giuliani in court. a destructive night in tacoma, washington fires set. windows broken protests erupted after a police officer plowed through a crowd plus, covid's getting more contagious now why it might be time to double up on the mask and how to do it right.

the former the former president's personal attorney is now facing a billion dollar plus lawsuit. dominion voting systems has announced it's suing rudy giuliani for defamation. in a court filing the company accuses giuliani of make ing false statements about them on podcasts and at the rally thatt precede the insurrection and

accuses giuliani of creating and spreading lies about a stolen election and deceiving millions into believing that dominion had stolen votes and fixed the election as has been reported ad nauseam there is zero evidence that the election was stolen and the former president's own people declared it both free and fair giuliani releasing a statement in response, though, calling the lawsuit another act of intimidation by the hate-filled left wing to wipe out and censor the exercise of free speech as well as the ability of lawyers to defend their clients vigorously as such, we will investigate a countersuit against them for violating these constitutional rights of course, no countersuit has been filed dominion is one of the country's largest election equipment vendors. 28 states use its voting machines or did so in the 2020 election a protest against police turns violent and a buzzworthy road spill on a cnbc trip coast

to coast washington, protests in the streets of tacoma after a police officer drove through a crowd. it happened saturday night cops say the officer was responding to reports of a street race downtown video shows the crowd surround the cruiser at the intersection, some even hitting the vehicle. police say the officer feared for his life and hit the gas authorities say two people were hospitalized tacoma pd announcing the officer is now on paid administrative leave. texas, a sticky situation near downtown san antonio. an 18-wheeler carrying honeybees flipped over at a freeway interchange. firefighters say the driver struggled trying to make a sharp turn nobody got hurt. the swarm of bees though too much for first responders to handle by themselves had to call in beekeepers. firefighters say they used soap and water instead of chemicals

to clean up the mess ohio, an 8-year-old boy spent the weekend helping the family of a fallen officer max tikemeier set up this hot chocolate stand outside his home in toledo. over just two days he says he raised $13,000 and that every cent is going to the family of officer brandon stalker. he was killed in the line of duty last week >> i heard he died, and they had a little one and a 7-year-old. >> max's father says he's proud of his son and says max set up a lemonade stand last summer for another officer killed on the job. a kind gesture for the ultimate sacrifice on this cnbc trip coast to coast masks, these days most people appear to be wearing them most people. now some are even doubling up and wearing two. so is it doing you any good? well, dr. fauci has weighed in on this with a change.

plus, racial justice a top priority for the new administration from social to economic to health care. next what the head of the naacp says is needed

president biden lifting the ban on transgender people serving in the u.s. military he signed an executive order today overturning the restriction put in place by his predecessors this means all trans people qualified to serve will be able to do so openly. the newly installed pentagon chief lloyd austin on hand for the signing ceremony in a statement he called it the right thing to do. advocacy groups estimate there are about 15,000 transgender troops in the united states armed forces that order, of course part of the white house's early focus on equity issues. in president biden's inauguration address, he promised to defeat white supremacy.

his day one executive orders emphasized racial justice. today a move to speed up getting harriet tubman on the $20 bill the plan dates back five years but was slowed down by the previous administration, which cited technical issues now this white house says the treasury will resume efforts to make it happen. now, tomorrow president biden is expected to speak on inequality and his plans to fix it the naacp president and ceo derrick johnson is here with us now. mr. johnson, thank you what actions does your organization want to see the president take in these early days well, to ensure that the barriers that have been put in place through public policy are removed that this administration must address covid-19. it's the right thing to do for our economy, but with a special focus on critical workers and individuals most vulnerable with an equitable relief. unfortunately, the past

administration did not put in place the logistics to get the vaccine out. hopefully the president would do that that should be quickly followed by an economic package that talked to individual workers i mean, i think the corporations have done well with the past economic stimulus packages, but people keep the economy going. we need to make sure that they're made whole, and we don't have a widening of the income gap or a widening of the disparity gap when it comes to incomes. >> yeah, it's definitely the people who are suffering, not the corporations, at least when you look at the data these issues, though, are enormous and complex how do you plan to measure success here >> well, that's one of the things that we are working on now. the african-americans are impacted by all functions of the government in fact, african-american, we pay more than our fair share in taxes to ensure that we are part of the ownership of the government and not victims of bad policies

so as an agency-by-agency review is a comprehensive discussion with this administration that's an effort that we're going to be launching with members of the house and the senate to ensure that equal protection under the law is afforded when it comes to criminal justice but also equal opportunity can be accessed, and being equal is fine, but being equitable is the measurement for us at this time. >> then there's the matter of reparations.oduced in the housef a bill was recently reintroduced in the house of representatives that calls for the putting together of a commission to study this issue and recommend appropriate remedies question, is this an effort that president biden needs to help champion and, if so, how >> well, this is an effort that was started by congressman john conyers some 40 years ago, 30, 40 years ago it is a study to determine the issue of reparations, the same

process used by other communities that have been injured by this government an african-americans, we have been injured. let's make no mistake about it you don't have to go back to slavery. go back to public policy dealing with housing, dealing with education, still today where the delivery of quality education is not afforded to all children, and it's been a special emphasis on african-americans, red-lining that we've seen, the access to capital. this is the initiating process that members of congress, particularly members of the congressional black caucus, have been pushing for since the bill was initiated by john conyers in the '70s, and naacp, we supported that effort then, we continue to support the effort. it's something that is needed and necessary in order for many, many individuals who have been harmed as a result of structural barriers to be made whole. >> derrick johnson, the president and ceo of the naacp, sir, thank you for your time and all the best >> thank you for the opportunity. well, since the start of the pandemic, experts have urged us

to do three things, wash our hands, maintain social distance and wear a mask all the time, not when you feel like, all the time when you're not eating and drinking but now the experts say with these variants, it's time to double up and wear two this morning, dr. fauci endorsed the idea on the "today" show. >> if you have a physical covering with one layer, you put another layer on, it just makes common sense that it likely would be more effective. >> more effective especially with one new variant spreading much more easily the science be cnbc's contessa brewer with us now to break down the science behind double masking and what we're all supposed to do contessa. >> hi, shep. the experts say wearing masks is about protecting yourselves -- protecting others from ourselves in the event we are contagious, but if other people aren't wearing their masks or wearing them improperly, we need to protect ourselves, so experts say you can double up with a tight weave fabric mask for added protection

now, virginia tech researchers found that doubling up these cloth masks increases the efficacy from 50% to 75% a three-layer mask could block up to 90% of the particles, and if you're layering your masks, the disposable surgical mask goes on first, and the tight-fitting fabric mask goes right over the top okay, so frontline health care workers use n95 masks. they're hard to find, and some experts say you should save those for the medical teams. others say if you see them on sale, go ahead, protect yourself, but the chinese version kn95 masks are widely available. advertised as being five layers, i bought these on amazon i wore them through the airport and on the plane for a recent news assignment. the trick with this is really this fit tight around your nose, your face, your chin, in other words, you really should see the mark on your face after you're wearing it you can also buy these double layer fabric masks

they come with a filter like this one you can take it out, and you wash it separately but, shep, in every instance, fit is the key here. >> yeah, no doubt, and as they say on the label, if you have facial hair, you got to cut it because they're not effective with it. thanks so much, contessa i appreciate it. if you watch the big game for the commercials, the super bowl, some of the biggest players will not be showing up this year, and by that i mean advertisers like budweiser the latest company to opt out. who else is missing from the roster, and why, and in the year 2000 tom brady was drafted in the sixth round 199th overall by the patriots of new england. since then he's appeared in nearly half of all the super bowls, and those numbers are just the beginning ♪ rock music ♪ >> man: so i'm not taking any chances when something happens to it. so when my windshield cracked... my friend recommended safelite autoglass.

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best ever in tom brady, and the future in poems. they upset the packers, and over in the afc, kansas city took care of the buffalo bills. final score 38-24. >> the regular season, of course, was like none other. the super bowl will be too the teams are not allowed in tampa until two days before the big game no media day or big parties, all virtual. now, those rules came in before the bucs won, so for now they're practicing across the street the chiefs arrive the day before the game tampa bay will be the first team in league history to play the super bowl in their home stadium. that's a first as for the commercials, for the first time in 37 years, budweiser won't air one during the game no clydesdales, no talking frog, instead the king of beers announced it'll use the money that it would have spent on the super bowl to help raise awareness about the covid vaccine. also not running ads, coke, audi, hyundai and a lot more cnbc's julia boorstin covers media and entertainment for us

julia, where is everybody going? >> well, shep, with the pandemic raging, a year marked by record unemployment, plus social unrest and political division, a number of the brands that typically spend big on super bowl ads, well, they've decided to play it safe some such as budweiser, coca-cola and pepsi have seen a decline in revenue during the pandemic and are looking for more cost efficient ad options than the most expensive commercial time on television. now, the price is $5.5 million per 30 seconds of ad time during the big game now, that's down just a hair from last year now, other advertisers are trying to avoid hitting the wrong note this after high-profile brands have drawn backlash for commercials that seem tone deaf such as this 2018 dodge commercial that ran over a dr. martin luther king jr. speech. but some advertisers are coming into the big game for the first time, chipotle, doordash, huggies and mercari.

many of these brands can get in for the first time because so many of those longtime advertisers are sitting this year out now, the companies that are advertising this year are likely to want to focus on unity and feel-good messages, shep >> julia, thanks brady now, tom brady at 43 is poised to become the oldest player ever in a super bowl. over 21 seasons in the league. brady's ended up in the super bowl ten times nobody else has done that. this year he had to knock off two future hall-of-famers in drew brees and aaron rodgers pray brady's already won it all sings times, and thrown the most super bowl touchdowns with 18. his childhood idol joe montana had 11 brady also has more super bowl passing yards than anybody else, and so far he's completed 256 passes in super bowls. peyton manning is next with 103. brady set all those records with

the pats now he's looking to add to his legacy in his first super bowl with the bucs of tampa bay 55 seconds left on a race to the finish the senate has received the article of impeachment against the former president senators to be sworn in as jurors tomorrow. trial to start the first week of february the 8th moderna reports its vaccine may be less effective against a covid strain first found in south africa the drugmaker now developing a booster shot to help protect against mutation. and the good news now, the number of people hospitalized with covid appears to be dropping nationwide hospitals are down for 12 straight days and now you know the news. see you back here tomorrow want to sell the best burger in every zip code? add an employee. or ten... then easily and automatically pay your team and file payroll taxes. that means... world domination! or just the west side. run payroll in less

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it is 5:00 a.m. at cnbc global headquarters. here's your top five at five stocks under pressure this morning as investors get into the thick of the busiest week of earnings season and the continued fallout from those very wild swings in heavily shorted stocks janet yellen, officially clearing the final hurdle in her historic path to becoming the next treasury secretary of the united states. apollo global's leon black announcing his exit from the ceo job amid