impa statementrianoud an apology, sort of, by elizabeth holmes herself. elizabeth holmes stood up in front of judge edward davula moments before he imposed the punishment for her conviction for swindling investors in the theranos fraud case. red faced and teary eyed, she says she has "deep pain for what people went through because i failed them. to each of them i am so, so sorry. i gave everything i had to save the company." but that wasn't much of an apology according to the wall street journal reporter who exposed theranos and led to holmes' downfall. >> she didn't acknowledge any wrong doing. she didn't apologize to patients. she didn't apologize to investors. she let people down, but only in the sense that the company failed. she failed as an entrepreneur and he had big regrets about that, but that's not the same as acknowledging

wrong doing and acknowledging you committed fraud. >> reporter: holmes was convicted last january on three counts of wire fraud for misleading investors. who was convicted on 12 counts. prosecutors asked the judge of 15 years in prison. imposing the sentence, the judge asked if it was the intoxication of fame that led holmes to lie to investors. >> the judge also made clear deterrence played a big role in his rational for the stiff sentence. >> reporter: holmes did not go immediately into custody. she will have to self-surrender and begin serving her sentence on april 27. in san jose len ramirez kpix 5. and here is another quote from the judge who handed down that tough sentence. he said, "failure is normal. but failure by fraud is not okay." so here is what's next in the theranos saga. holmes will most likely appeal her conviction. the

former business partner who was convicted of 12 counts of fraud is said to be sentenced on december 7. we have more background on the holmes case on kpix.com. our other big story this evening, democratic senators are calling on the ftc to investigate violations of consumer protection laws by twitter. >> it's the latest take surrounding the platform. anne makovec joins us with the very latest on the tougher tour. >> asking if he should reinstate donald trump. rip twitter is one of the top trending topics. on that subject musk tweeted abusers are logging in to see if twitter is dead, ironically making it more alive than ever. >> we have to remember musk comes from a culture of spacex where he built in the culture there that it is acceptable for a $100 million rocket to

explode and you can build on another that day. messing up a check mark is not as big of a deal from their eyes. >> reporter: thursday employees were given an ultimatum, pledge to high-intensity, hardcore work with long hours, or resign with severance pay. many more workers then expected decided to leave. some going online to countdown to the deadline. >> four, three, two, one, happy new year. >> hundreds of people have said they are out and a lot of those people were working on core infrastructure projects to keep twitter's site reliable, to keep it secure, and to keep user data private. >> reporter: as for twitter users, twitter is probably not facing an imminent collapse, but it could become more glitchy. >> there is a lot of information in twitter. it knows where you're logging in from and where you are sending messages to. maybe you're doing

private tweets. all these types of things if a hacker got access to them could be pretty uncomfortable for a lot of us. >> reporter: there are alternatives, but it's a little more complicated. cbs news just decided to take a break from twitter, "in light of the uncertainty around twitter and out of an abundance of caution. our bosses say they will continue to monitor the platform." >> thank you. well musk is facing issues at spacex after several former employees accuse the ceo of violating labor lays. the complaint says nine employees were fired for circulating a letter, calling out musk's behavior on twitter including making light of sexual harassment allegations against him saying, it went poorly on the company. and musk is fighting with the rights department over alleged racial discrimination at tesla. a live look at sfo.

expecting five million travelers to pass through the gates today and new year's day. only 15% lower than 2019 levels before the pandemic. some people that are heading out for the holidays. >> you haven't seen it for the year. and it seems like it will get busy. but i think -- i don't think it's got the same amounts, you know, of people at the airport. >> we also checked out the scene this morning and the advice arrived early. give yourself at least two hours for domestic flights and three for international and use the apps for the check-in process and for bag related questions. and another live look outside right now. winds have picked up over the weekend. >> paul heggen joins us where the annual building lighting will get underway. you're so lucky, this is such a cool

event. >> it is. it's one of my favorite parts. we have a performance at the carnival that will happen around 7:00. a lot going on around us. and there's face painting, and it smells pretty good at all. that is the good news. let's take a look at what the winds are like right now. but you see some kind of highlighted colors in the background indicating stronger gusts. higher elevations in the north bay and solano county. that's where the gustiest conditions will be as we head through tonight. if you're coming down to join us at the embarcadero center, temperatures have dropped down a little bit. the sun has been down for 20 minutes. but the temperatures will continue to slowly fall as we head through the rest of the evening for the

actual lighting of the buildings at 7:00. the temperatures should be in the mid-50s. it is comfortable downtown. we'll be here live all evening. i'll come back with a look at the complete weekend forecast in a few minutes. >> thank you, paul. a major development surrounding former president donald trump. the attorney general has now appointed a special counsel to take the lead on those cases. cbs reporter skyler henry has more on why the investigation is entering this new phase. >> reporter: hey there, good to see you. the attorney general said he made this decision now because he felt it was important in terms of the public interest. you have a special counsel independently investigating these allegations. and obviously considering the political optics despite officials from the doj and the white house saying time and time again that the two sides operate separately. meanwhile team trump already sounding off, calling this a political stunt. >> reporter: u.s. attorney general mayor garland announced

he's turning over the investigations to a special counsel. >> reporter: jack smith who has been with the doj since 1994 will now oversee key aspects of a probe involving the january 6 insurrection and efforts to undo the 2020 presidential election. >> a special counsel, he will exercise independent judgment to decide whether charges should be brought. >> reporter: in a statement, he intends to sign the investigations independently. going on to say the pace of the investigation will not pause or flag under his watch. the attorney general said former president trump's announcement that he would make another run at the white house and biden saying he too will likely seek re-election prompted him to make a decision now.

>> and such an appointment will underscore the commitment to independent, accountability, and sensitive matters. >> reporter: a trump spokesperson said it had is a political stunt by a politicized weaponize of justice. >> good evening. >> reporter: they say they will investigate what they call political attacks on the former president. >> special counsel, jack smith, who is currently working investigations in the netherlands over war crimes is expected to return back here to washington, d.c. immediately. he will begin the investigations into this pope here and will be reporting directly to merrick garland. i'm skyler henry kpix 5. jack smith has been working on war crimes in the leatherlands. smith will report

directly to merrick garland. selecting a successor to nancy pelosi. now that republicans will regain the house. hakeem jeffries officially announced his bid for minority leader in a letter to colleagues today. if elected, the 52-year-old, new york representative, would also make history as the first african american to lead congress. >> it is always good to have new blood and new ideas and enthusiasm. >> republicans are also laying out their priorities for the next congress, which includes aggressive investigations into the biden administration. well a disturbing story out of the south bay. a san jose mother has been arrested in connection with the death of her 8-month-old infant. salina suarez was at home with her infant twins on november 4 when they both became unresponsive. police responded to a call from the home and began cpr. one of

the infants died at the hospital the next day. suarez is facing homicide charges. >> and based on the preliminary facts and circumstances we collected at the scene with information from the coroner's office, she's the primary person responsible for this act. it was an intentional act. >> investigators say she was also hospitalized with an unknown medical emergency immediately after the incident. still ahead on kpix 5, a new federal investigation open into ticket master as taylor swift speaks out about the growing outrage aimed at the company. her message next. today a 98-year-old east bay man got an apology eight decades in the making. and why members of california's congressional now blasting the u.s. forest service over the destructive caldor fire.

taylor swift is speaking out amid growing outrage aimed at ticket master. it comes after the company canceled today's highly anticipated general ticket sales for the super star's upcoming tour. the new york times now reporting the justice department is looking into potential violations of anti-trust law. cbs reporter nicky batiste has the story. >> reporter: there is now bad blood between taylor swift and ticketmaster, after the company canceled the general sale for her new tour. citing high demand and low inventory. the move outraged her fans. >> i literally feel i'm about to burst into tears right now. >> ticketmaster better count its days. >> reporter: the super star weighed in on the situation friday writing in part, "it is excruciating for me to just watch mistakes happen with no recourse." we asked them multiple times if they could handle this kind of demand, and

we were assured they could. during tuesday's presale, 15% of customers experienced a glitch on the site. they said bot attacks and fans without invite codes to the presale drove unprecedented traffic to the site four times their previous peak. >> i could have never imagined how insane this whole process has been. >> reporter: sources say the justice department has opened an anti-trust investigation into live nation, the owner of ticketmaster. the doj says ticketmaster controls more than 80% of major concert venues. >> there is no other choice and that is what's going on. >> reporter: the investigation was open before the taylor swift ticket problems. nikki batist, cbs new york. >> live nation has faced anti-trust scrutiny since their merger back in 2010. the merger

combined tickets, promotions, concerts, and management under a single umbrella. well, unique apology today from the city of antioch to one of its long-time residents. >> alfred chen was refused service in a restaurant because he's chinese. chen is now 98 years old, and the antioch mayor presented chen and his family with an official letter of apology. >> one of the oldest cities in california. we also have parts of our history that are not so pleasant, and we're not proud of. and so we took the right steps in our city to apologize for our bad deeds. >> please do not discriminate. we have done that a long time ago.

>> very emotional there. congress members are demanding answers. and this is after a recent investigation revealed how the agency could have protected the community of grizzly flats. more than a dozen lawmakers have sent a letter to the forest service chief. calling it egregious and unacceptable. the investigation revealed how the forest service warned for decades that a wildfire would wipe out the town, yet failed to deliver its plan to protect it. the letter says it is unkeptable that the town's proactive efforts that call for aggressive fire mitigation assistance were met with inaction and delays from the forest service. the letter went on to request a detailed briefing of the fire response. let's check in with chief meteorologist paul heggen joining us live along the embarcadero, where they are getting ready to light up the skyline. how is it out there,

paul? >> reporter: it feels wonderful out here and pleasantly cool. and we are at the embarcadero center, building, lighting, the carnival. this is the carnival that's happening here around me right now. the lights are on the building, the 17 ,000 l.e.d. lights. and a lot is going on down here. the carnival will remain open until they get underway, so you have plenty of time to make your way down here with plenty of stuff to keep them occupied as well. and the weather is really nice for it. we will take you on a tour of it later on. let's get to what's happening weather wise and then we'll come back out to the festivities in just a moment. we had the offshore winds today. strongest of 2,000 feet in elevation. for most of us, it's a light breeze and offshore and our temperatures were warm. a little bit above average for the middle of november. as we would head through the rest of tonight, the winds will be gusty for the highest elevations. you could notice some 30 plus miles an hour gusts around calistoga.

and maybe even vacaville. some of the strongest gusts we've seen around 30 miles an hour as well. and as we get closer tomorrow morning, those winds start to relax. a trend that will continue tomorrow. the winds will still be offshore. but as we wind the clock forward, notice the wind gusts are around 10, 12 miles an hour, not a significant cause for concern, but we really need to further mitigate the fire threat though and more rain. we don't have any of that in the seven-day forecast and some signs of it in the long range data. it takes us through thanksgiving weekend, into early december. and a significant chance of a wetter than normal weather pattern shaping up, which is exactly what we need. hopefully they will point in that direction. right now a beautiful sunset as we look towards the golden gate for the hotel. temperatures are dipping down to the 50s with some spots in the 60s. even 66 degrees in santa rosa. the temperatures were in the mid-70s. temperatures will drop down to chilly levels inland to around 40 with low to mid-40s around the bay. then we're going to warm up nicely on

saturday. maybe not quite as warm as today as temperatures should be. still 2 it to 3 degrees above normal, putting us into the mid to upper 60s across the board. let's zoom in for a closer look. you will be in the cool spots, no surprise. but even there the offshore winds will be enough to make it into the low to mid-60s. around the south end of the bay, the mid to upper 60s. the same thing inland. mid to upper 60s, a little cooler in the san ramon valley. mid-60s for san francisco and oakland out of east bay and mid to upper 60s north of the golden gate. some of the warmer spots, reaching up to around 70 degrees. the temperatures will stay pretty steady for the second half of the weekend. just a few passing clouds on sunday. more cloud cover on monday and tuesday. but the chance for showers we will be monitoring for monday night and tuesday has pretty much gone away. we will have to wait until probably the tail end of thanksgiving weekend for even a decent rain chance to head our way. that's something i will talk more about coming

up during our 5:30, half hour. but back out here live at the embarcadero center, the lights around the buildings are going to be flipped on for one of the nicest sites of the holiday season in san francisco. that will happen just after 7:00, the lighting ceremony will get started. but you will be able to see a lighting and then the drone show that would happen after that during our 7:00 newscast. guys, back to you. >> it is so spectacular when you drive across the bridges especially the bay bridge and you see those buildings lit up. it will make you crave the holiday season. >> yes, it does, thanks, paul. a new call for federal emergency declaration in response to a dangerous spike in respiratory viruses. still ahead at 5:00, health experts explain what you should know heading into the holidays. and san francisco transform into a winter hey guys, detect this: living with hiv, i learned that i can stay undetectable with fewer medicines.

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well it's looking a lot like the holidays in san francisco. right now a free carnival is entertaining families with games, face paintings. that carnival will run until 7:00. >> that's the spirit of the holiday that's alive and well right here in the bay area. >> that means helping our neighbors in need. reed cowan joins us with a look at how they're doing just that, reid? >> reporter: i am warming my hands. we have something that we want to talk to you all at home. but i know some people and there is one of the guys that i know. santa claus here at the embarcadero center. happy holidays. and he is saying hello to all of our

viewers. we know we have the best viewers on planet earth. you know the best of the bay area is in the hearts of your neighbors and in our community. we will be talking about this the entire month. do you know that one out of six people face the prospect of hunger? if you can imagine what that is like when you're a mother or father and know you need some help. we're asking for your help. making sure everybody is taken care of in the bay area. the face of hunger is changing here. it's affecting families far and wide. that's why we talked to the great people up

in the north area of the bay area. here is one of their excellent people talking about their mission. >> you know, i've been serving up great food. you're serving up great feelings. that's what we really want to bring home. that volunteering, stepping forward in your community is how you feel good. how do you feel about your volunteers here? >> oh my gosh, there is no words to express the gratitudes we have for the volunteers that come to us every single day to help us prepare food for families in need and also pair food boxes and things for our distribution site. we could not do what we do without our volunteers. >> reporter: all right, i'm getting my photo taken with santa claus, but we are also making sure we get the word to santa claus. and that it is so important to end hunger. >> it is important to make sure the table is set. so here is what you do. you see the qr

code on the bottom of your phone. follow the link to see how you can help us in the bay area who are experiencing that. you can also go to our website. guys? i feel the holiday spirit. it's a beautiful thing. ryan yamamoto, i hear you've been a good point this year. >> santa confirmed. >> i didn't know you were in with the big man there. >> you're calling me a big man? [ laughter ] >> i still hope i have time to make up for bad behavior. >> i will put in a word for you, liz. >> thank you very much. >> reporting live from the embarcadero, thank you. the top two candidates are separated by a few hundred votes. when we could see a

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right now on kpix 5, the man found dead just steps away from a burning bay area home appears to have set the