Top Story with Tom Llamas - Wednesday, December 7, 2022

Episode Date: December 8, 2022

Flu surge hits hospitals as Covid and RSV still spread, additional items marked classified found in Trump storage unit, Peru's president ousted by Congress and then arrested as the country battles a political crisis, the class-action lawsuit Apple now faces over AirTag stalking allegations, and the moment an Arkansas Army dad surprised his 7-year-old daughter.

Tonight, the deadly surge flu cases skyrocketing in all corners of the country. Hospitals pushed to their limits, in some cases, four out of every five beds full. Cases of the flu at their highest level in more than a decade, nearly doubling over the last week. Two doctors battling this outbreak on the front lines join us live in just moments. Also breaking the top secret storage? The latest bombshell development involving former President Donald Trump's handling of sensitive government material. Two documents reportedly marked classified found that a storage site near Mara Lago, the new reporting coming in at this hour. Failure to launch, Herschel Walker, sadly defeated in Georgia, just the latest Trump-backed candidate to falter in the midterms.

Mitt Romney calling an endorsement from the former president, the quote, kiss of death, what it all means for Trump's own bid for re-election in 2024. Overseas stopping the coup, the massive sting operation in Germany, police raiding homes all across, the country, arresting 25 far-right extremists for plotting to violently overthrow the government. The building those armed suspects were training to storm. And Peru spiraling into political chaos tonight, the president impeached and detained by police after he threatened to dissolve the government entirely. The new leaders stepping in with the future of democracy in the South American nation on the line. Plus, air tag stalking fears. The new class action lawsuit just filed. Two women are claiming the Apple devices enabled their exes to stalk and harass them.

The tips tonight on how to use those tiny tracking devices safely. And Homecoming Hug. The heartwarming moment this mascot revealed his true identity and gave his little girl the embrace she had been waiting for months. Top story starts right now. And good evening. We begin tonight with that deadly flea. outbreak sweeping through the nation. More than 8.7 million Americans infected as cases of the

flu returned this year with a vengeance. Take a look at this map. Come over here. The red and orange you see here are areas where there is a very high or high risk of contracting the flu. Those colors covering almost all of the map. And this flu season hitting much harder but also much earlier than usual. You can see just how rapidly hospitalizations climbed this year compared to years past. Look at the levels for 2022 all the way in November, already rising. At pharmacies across the country, these empty shelves tell you everything you need to know, right? Many states running low on Tamiflu and over-the-counter cold and flu medicines. And part of what is driving this particularly dangerous season, experts say, is vaccine fatigue, as we've been telling

you about here on top story. Compared to the same time last year, look at this, 2.4 million fewer shots have been administered. And of course, all of this just adding to the strain already caused by cases of COVID and RSV. Tom Costello leads us off with more on this triple threat. Early December and hospitals nationwide are once again at full capacity with a trifecta of illness, COVID, the RSV virus, and a flu season that started six weeks early. Flu hospitalizations now running at a decade high with 79% of hospital beds occupied. We need people to be sure to stay home.

you're sick. Nationwide, at least 4,500 flu deaths just since October 1st. Why the surge? Infectious disease experts say after several years of pandemic isolation, most Americans are back at school, work, gathering indoors with others and traveling. Some exposed to viruses for the first time in two plus years. Our immune systems are just fine. They were ready and waiting. They just hadn't been exposed to the virus. This has been an exposure definition. So much flu, some pharmacies are running low on flu medication. This so-called tripledemic, as the nation's top infectious disease expert, Dr. Anthony Fauci, prepares to leave his post. In a one-on-one interview with nightly news anchor Lester Holt, Fauci is urging Americans to quickly get a flu vaccine and a COVID booster.

And he's not afraid to return to masking in some cases. I'm not talking about mandating anything. I'm talking about just common sense of saying, You know, I really don't want to take the risk of myself getting infected and even more so spreading it to someone who's a vulnerable member of my family or someone that I know. The CDC reports the flu vaccination rates are running well below what they were doing before the pandemic. And the reason may be vaccine fatigue. People are tired after getting so many COVID shots and now flu season. And yet flu kills. The CDC is again suggesting wear a mask to protect against all respiratory illnesses. especially if you're traveling or if you are immunocompromised.

Tom? Okay, Tom Costello, leading us off tonight. Tom, we thank you for that. For more on what's going on inside those hospitals, I want to bring in two people on the front lines. Dr. Rob Davidson, an ER physician in West Michigan, and Dr. Michael Cuba, Systems Chair of Emergency Medicine at Oxner Health System in Louisiana. Dr. Cuba, thanks so much for joining us.

I want to start with you. Take us into the ER tonight there in New Orleans. What are you seeing when it comes to the flu? We are seeing a really good spike, a rapid increase in flu cases for sure. It's all influenza A. And we are, when I interview my patients, it's frequently, they haven't been vaccinated. I do see that vaccination fatigue and a lack of people being vaccinated for sure. Dr. Cuba, how do people get so bad that they end up in the hospital with the flu?

A lot of times it's after the influenza, then you have like, other infections like post-influenza pneumonia. And so you have lung infections after you've had influenza and your body's kind of beat down from the virus. And, of course, that typically happens in our more fragile patients, elderly, or very young. But that's what I've seen most of the time the patients have to be admitted to the hospital.

But luckily, we haven't seen a lot of the ICU admits. It's just the admits to the hospital, which are still very important. Dr. Davidson, what do you attribute all this to? We heard a little bit about the vaccine fatigue. We reported that. We just heard it there from Dr. Cuba. Is there also something going on just with our immunity?

Is it because we've been separated? We've been wearing masks for so many years that maybe our bodies aren't as strong as it used to be? No, I think our immune systems are ready, are able to fight these viruses. Really, I know in my rural county, COVID vaccine uptake was only about 50%. And flu vaccines are at about 70% of where they were

before the pandemic. And we're not seeing a huge spike yet, but we're seeing number 60% this week. over last week, our hospitals are already full. We already are holding people in the ER, and my little rural ER to be transferred or to be admitted for days on end. And so, you know, as a typical flu. So what do you think it is? You think you think it's purely because of the vaccine? I think that's a lot of it. I also think there's people getting back to being together, being amongst others, and, you know, not wanting to stay away when they're sick. They want to

get back into life and enjoy the things they want to do. Dr. Cuba, give us some best practices now as we're entering this sort of tripledemic here, right? What should people look out for? What are some of the symptoms of the flu they should be aware of? Well, the fever, cough, shortage of breath. It can be GI issues as well, like diarrhea and nausea vomiting, but a lot of body aids and low-grade temperatures are commonly what we've seen. And then Dr. Cuba, how do you make the decision of whether to get medicine

or whether to go to the ER? How do you make that decision? Well, most influenza can be treated at home. just a virus like a lot of the other viruses we deal with, and fever control, making sure your loved ones stay hydrated will probably carry the day most of the times. But sometimes when those fevers get out of control, in tract of vomiting, when you've got more increased shortage of breath and things like that, it can be signs that things are getting a little bit worse,

and you might have need to be evaluated by a physician or go to the emergency department. Dr. Davidson, I know this may sound like a very silly question, but I think it's always important to keep it very simple. and remind our viewers on how to do things. Where can you get your flu shots? Where can get your flu tests? Yeah, you can get your flu tests through your doctor's office. You know, they can order those.

Certainly in the ER we do flu tests as far as your flu shot, really through your doctor's office, through your local health department. Many hospital systems will set up flu shot, you know, fares where people can get them. And it's not too late to get them. Blue often peaks in January and February more commonly than December. So we don't know if this is the peak. You don't know until it's past you.

Finally, Dr. Cuba, with the rise of COVID, we're now talking about the tripledemic. Should Americans be ready for sort of these intense seasons of sickness in the era of COVID? Well, has probably yet to be determined, as he just mentioned. You know, COVID, we're seeing a smoldering, maybe a slight increase in our numbers of that. Hopefully, we might even see a little bit of a peak already of RSV on fingers crossed. But, you know, I'm worried with the holidays coming up in Christmas and travel. and people, again, wanting to be with loved ones and taking viruses from one side of the country to the other

that we're not out of the woods and it's going to probably get worse before it gets better. Dr. Cuba, Dr. Davidson, we thank you so much. We know you guys are busy seeing patients and working all day, so we appreciate you taking the time to join Top Story tonight. We want to move on out of that other major headline overseas out of Germany, where authorities say they have stopped a plot

to get this, overthrow the government there. More than two dozen people rounded up in raids there today. Authorities say their failed coup attention. was fueled by conspiracy theories. NBC's Kelly Kobayya has more. In early morning raids across Germany, thousands of police officers at more than 100 locations arrested 25 people.

Authorities say they were planning a violent overthrow of the German government in a far-right extremist plot. Prosecutors say the suspects had acquired weapons, organized weapons training, and intended to storm the German parliament building. The suspects are followers of conspiracy myths, including QAnon, this federal prosecutor said. He said the arrested suspect, primarily German nationals, but also including one Russian national, formed a shadow government to put in place should they succeed in overthrowing the German government,

which they believed was run by a so-called deep state. Among those arrested, a suspected ringleader from a historic royal family, as well as German military veterans. Germany's Interior Minister said the depths of the organization's structure remains under investigation. The group had a political and military arm, she said, showing the danger of this suspected terrorist organization. Arrests were made across Germany as well as one each in Austria and Italy. Some suspects making their first court appearance today in the wake of one of the biggest counterterrorism operations in German

history. Kelly Kobiella, NBC News. Okay, sticking with international headlines now, we head to the Americas and the escalating political crisis in Peru. Lawmakers there have voted to oust the president, Pedro Castillo, after he tried to dissolve the country's Congress and install an emergency government. Tonight, he's under arrest for violating the Constitution. NBC's Gabe Gutierrez has the latest. Tonight, Peru's democracy is on the brink after a day of political chaos. It began with President Pedro Castillo trying to dissolve Peru's Congress and install an emergency government. That prompted a string of cabinet resignations and international

condemnation. The U.S. ambassador urging Castillo to reverse his attempt to shut down Congress and allow Peru's democratic institutions to function according to the Constitution. Hours later, Congress began its session with lawmakers singing the national anthem. later voting to impeach Castillo and announcing that Vice President Dina Boluarte would be the new leader of Peru. This afternoon, she was sworn in, the first woman to reach the presidency in Peru's more than 200 years as an independent republic. Late today, the national police tweeted out a photo of Castillo being detained. It was a threat to democracy, but in fact, democracy won out.

The Constitution won out because none of the institutions that he would have needed to govern as a dictator were going to support him. His ouster coming after years of political crises narrowly elected in July of 2021, Castillo's administration had been chaotic with dozens of ministers appointed, replaced, or resigned in little over a year. The former schoolteacher from rural Peru had survived two previous impeachment. attempts. According to polls, his popularity had even risen slightly. But he's also faced a slew of corruption investigations, looking into whether he used his position to benefit himself, his family, and close allies. He's repeatedly denied all the allegations against him and blasted his critics, saying they intend to blow up democracy and disregard our people's right to choose. Although Castillo is Peru's first president to be investigated while still in office, nearly every

former president in the last 40 years have been charged with corruption. I think there's a message here also that whether it's left or whether it's right wing, corruption is something people are fed up with also. And President Castillo, he promised to clean up things and rule against the elite and not rub from the till. And evidence is building up that, in fact, he and his inner circle did just that. And I think the message here is the public doesn't want to see that and doesn't want to, doesn't tolerate that. An international summit that was scheduled to be held next week in Lima has now been postponed amid the political turmoil. Tom?

All right, Gabe Gutier is tracking all those developments out of Peru. Back here at home, a bombshell new development when it comes to former President Donald Trump and his battle with the Justice Department. Two documents marked classified founded a federal storage facility containing Trump's possessions. This discovery part of a voluntary search conducted by the former president's lawyers and various Trump-linked properties. Sources confirming to NBC News, those documents have been turned over to the FBI. I want to bring in NBC News Justice and Intelligence Corresponding, Ken Delanian, who joins us tonight.

So, Ken, walk us through this. It's been reported that these documents were found after the former president's team searched his own properties for any classified material still in his possession. What more do we know about these documents and how they were found? Tom, we're told they were found at a storage facility run by the federal government in a box that was taken there from the Trump White House. And one source told us that Donald Trump had never actually been to that facility or opened that box. And we're told there were two documents with classified markings unclear at what level of classification, and that when Trump's lawyers discover them, they turn them over to the FBI. So what this underscores, though, Tom, is that once

again, more evidence that the Trump team did not comply with a grand jury subpoena they received in May asking them demanding that they turn over all documents with classification markings. Ken, I guess this leads to the next question. I know you're not a defense attorney, but doesn't the former president's case immediately crumble? I mean, even though it's his own team who's turning over the documents, clearly he still had classified documents. Absolutely. And other people have gone to prison for less, Tom. That's why many legal experts say this case is ripe for charging Donald Trump. Others say, though, that this question of obstruction of justice really needs to be solved.

They need to get to the bottom of that, that it doesn't make sense to charge a former president with a simple document mishandling case, because, after all, he once had access to these classified documents. But if there's evidence he actively obstructed, that he instructed people not to turn these documents over out of stubbornness or for any other reason, then that becomes a much more serious matter, Tom. Okay, Ken Delanyan for us tonight on that breaking news. Ken, we thank you for that. sticking with politics now in a major victory in Georgia for Democrats. Incumbent Senator Raphael Warnock hanging on to his seat, defeating and battled Republican candidate Herschel Walker.

Warnock celebrating the victory in a speech last night. After a hard-fought campaign, you got me for six more years. Democrats now holding 51 seats in the chamber, meaning they'll no longer rely on Vice President Kamala Harris to serve as their tiebreaker. midterm cycle. Officially the first time the sitting president's party hasn't lost a Senate seat since 1934. Many of those key midterm contests viewed as a referendum on former President Trump with some moderate Republican voters across the country voting for Democrats. The former president also stumbling in recent days with calls to, quote, terminate the Constitution and of course his high-profile dinner with a white supremacist. So what does this mean for the Trump campaign

as it gears up for 2024? I want to bring in one of our NBC News, political analysts right now, Republican strategist, Susan Del Perseo. So Susan, I want to start with some of the strong words from Senator Mitt Romney. I'm not sure if you've seen this or not. I want to play it right now for our viewers. Well, President Trump lost again. And I know a lot of people in our party love the president, former president, but he's, if you will, the kiss of death for somebody who wants to win a general election. And at some point, we've got to move on and look for new leaders that will lead us to win and be able to get an agenda

that, frankly, President Trump would find an attractive agenda, have that agenda be successful. So, spoiler alert, Senator Romney, obviously, never had a great relationship with the former president. But is what he's saying true? Absolutely. There's no question that Donald Trump is toxic. Let's not forget the leading contender

for the Republican nomination for president, the only one running, Donald Trump, was not invited to Georgia to campaign. Yeah, in the final day. the final days. That's crazy. That's when, because it's all about a turnout vote. And what the Republicans on the ground were concerned about is that Donald Trump being there would actually turn out voters against Walker. So that, that alone tells you where the reputation is right now, at least publicly and with some tight races, where Donald Trump stands. He's not welcome.

So the framing on this, on this story was failure to launch. It's because he's had all these hiccups and they're worse than hiccups, right? I mean, for any other politician, they would maybe be the end of a political career. But in 2016, we also saw the former president survive his attacks on Senator John McCain, survived the Axis Hollywood tapes as well, and then he became the president. So my question to you is, as somebody who's a Republican who cares about the party,

are you concerned that he could still keep his 20 to 25 percent MAGA base and run the primaries? He can, absolutely, and it is of great concern, because he still has a core support of voters on the ground, the grassroots we call them. However, we're starting to see some more mainstream Republicans or just leadership come out and start to distance himself from Trump's words at least. So that may start making a difference. However, if all of a sudden 10, 12 liable Republican candidates jump into the fray in the presidential election,

that leaves Trump with 25 percent. and the other splitting it, it could lead Trump in a good position. We had one of our number one top story fans watching this show right now. Just call in. His name is Carlos Crubello. He's the former Republican Congressman, also an NBC News analyst. He wants to get in on this conversation. So, Carlos, my question to you is also somebody who still has very close ties to the GOP. How do you prevent several Republican candidates, and we can list several names of people who likely will run,

because it really benefits them even if they lose. It gets their name out there. they can write books, they can get speaking fees. How do you tell those Republicans, listen, don't throw your hat in the ring because then the former president could win. Well, that's right, Tom. It's good to be with you. The only way it looks like Donald Trump could get through a Republican field is if it's fractured

enough, if there are enough candidates like in 2016. So the big question ahead of 2024, and as we move into primary season, will be, will Republicans be able to have the same discipline that Democrats had in 2020 when Joe Biden emerged after South Carolina? And all of them seemed to say, okay, let's take a step back and let's support Biden here so that we can win. Can Republicans have that kind of discipline when it comes to party discipline in the last decade? It's been Republicans that have fallen short. So that's going to be the big test. Carlos brings up a good point. The Democrats figured this out last time around, right? Joe Biden, Representative Clydeburn, they were able to figure something out.

He wins in South Carolina. He turns around his campaign. But who's the voice in the Republican Party who's going to tell people like maybe Governor Chris Christie, hey, listen, don't run? Who's going to tell other people like maybe Senator Marco Rubio don't run again if they decide to run? Right. You know, the old saying was when I started in politics is that Democrats fall in love, Republicans fall in line. Yeah.

But that discipline has completely has completely gone with Donald. Trump being elected president in 2016. So there is no line. I think the best that Republicans who are looking to run for president is to go to their core big donors, start exploring the orders with them, keep it low for now, and see if there's a... See if Donald Trump also, by the way, can destroy himself in three weeks. His company has been convicted of tax work.

I know he's faced this... Yeah, but he has... And also, one of his strengths was that he has no shame. So why wouldn't he, why wouldn't he, why would he stop before Iowa or New Hampshire? Because people are tired of him. Right. They liked his policies, they said, but they don't want the drama. If they can get someone else, let's not forget.

I think that crowd, that base, can go on their own without Donald Trump. Donald Trump needs them more than they need. Yeah, but I think someone actually has to beat Donald Trump. Carla, Carlos, my next question is for you, because I want to bring this up. This is important. The GOP frontrunner in some circles, you know, next to the former president is, of course, Florida governor Ron DeSantis. And you told the Atlantic this, quote, DeSantis has this robotic quality that he has to shed. Everything else chucks the box.

He's smart and competent and committed to his ideology. He just has to humanize himself. If it's DeSantis versus Trump, Carlos, aren't you also concerned that possibly the former president will take DeSantis? A lot of people here in Florida are, Tom, because. Donald Trump, for all his flaws, is a guy who can be personable. He's a great host. He can even be funny sometimes. Ron DeSantis is very scripted.

He's very strong on policy. But when people run for president, that question always comes up, who would you rather have a beer with? And that's where a lot of people think Ronda Sanis could struggle. He's going to have to go to places like Iowa, New Hampshire, and do a lot of retail campaigning. So that's probably what DeSantis most has to work on ahead of his presidential campaign. Susan, who do you like?

Anybody else besides DeSantis? I mean, is there anybody else on your radar that you think has the chance it could take on the former president? I don't have anyone yet, but I am on the look at because I do think that there is someone who can come in with that populist, but relatable, like Carla said, and has the right policy. So I think that there's potential. Okay, Susan. Carlos, thank you for calling in in that emergency. and suddenly getting in front of the camera, we appreciate that. Okay, from politics to the weather now,

we want to turn to some snow and rain falling across the central U.S. Heavy rain soaking the plains with parts of Tennessee getting more than an inch and a half of rain. And this was the scene. Check this out. Out west in Montrose, Colorado, about 65 miles north of Telluride, heavy snow making driving conditions difficult. Officials warning of potential avalanches across the state pretty early for that. I want to bring an NBC News meteorologist Bill Karens. Bill, walk us through what you're seen over the next few days.

We've had a couple minor storms this week, but then we're going to have a huge storm coming into the upcoming weekend. It's going to cause a lot of headaches right into the beginning of next week. So here's our next storm. It's coming through the Rockies. We just showed you some of the pictures of the snow. This is going to bring a little bit of rain and maybe isolated thunderstorms tonight and tomorrow into the Central Plains. Eventually this will bring up some snow tomorrow night. The only people have to worry about it is in between Minneapolis and Des Moines.

It looks like maybe about one to five inches in general, about two to three. Nothing huge, but it'll be a little slick. The West Coast has one storm going through as we go to tomorrow. Then a huge one comes in Friday into Saturday. This one will be one that will have the high winds with it. We'll get incredible amounts of snow and the high elevations, the rain at the low elevations, and this is gold. We've had a very active West Coast period so far entering the rainy season, and this is exactly what we need.

And these are the seven-day snowfall totals in the central Sierra. We're already well above average, and we're going to add another three to five feet by Monday. The problem with this storm, by the time we get into next week, Monday, Oklahoma, including areas of Oklahoma City to Dallas to Tulsa and then Little Rock southwards. Tom, we're expecting another severe weather outbreak in the middle of December next week. We should be talking tornadoes here come Monday and Tuesday. Okay, I'm sure we'll be all over. Also, I want to ask you, it is December, but there's a disturbance in the tropics? Yeah, this one was a huge ocean storm, and it's over warm enough water that it has a 50% chance the hurricane center is saying, yes,

hurricane season ended the end of November, but we can get storms outside of that. So this is well off of Bermuda. It's out in the middle of the Atlantic. It's not. It's not going to affect anyway, but if it does become a subtropical or tropical system, the next name on the list, and I thought I was done with these. Last one was Nicole. This would be Owen. Hopefully not, but it won't hit anyone. It's just kind of one of those head scratchers. It is almost Christmas time. In the O's. Okay, Bill Carrens for a spill, we appreciate it. Still ahead tonight. Air Tags stalking fears. Two women suing Apple claiming the devices that have become so popular enabled stalkers to follow and harass them. The steps you can take to use those tiny tracker safely.

Plus, the joyride gone wrong, the crash that ignited a massive fireball at a gas station in New York, and the longest sentence yet just handed down in the Theranos fraud case. How much time Elizabeth Holmes' former boyfriend will spend behind bars? Stay with us. Back now with a new lawsuit against Apple's air tag devices. Two women claiming the devices were used by the device. their former partners to track them and that the devices can be dangerous, one of the hands of stalkers.

But this is the first time concerns have been raised over the safety of the product. Naila Charles has the details. Tonight, two women suing Apple over its controversial air tag devices, saying in the suit they fear for their safety, adding that their stalkers use air tags to track, harass, and threaten them. Arguing the air tag design is defective because it doesn't perform as safely as an ordinary consumer would have expected it to. It alleges that the air tag is defectively designed, but the air tag works exactly the way

it's supposed to. What's happening is that bad people are misusing the air tag. The class action lawsuit says plaintiff Lauren Hughes's ex-boyfriend started stalking her last year, leaving threatening voicemails and notes at her door. Scared, she moved out of her apartment. Hughes sharing her story on Good Morning America. I was actually loading things into my vehicle at the time when I got the notification that an air tag was moving with me. The lawsuit says she found an air tag lodged in the well of her tire and says police told her they could only read the stocker a cease and desist. The plaintiffs aren't alone in their concerns. I was being informed that there has been an air tag that has been following me since

5 o'clock. Kimberly's group told top story she got an air tag alert in January. My phone told me that there had been an air tag that had been following me. But she couldn't find it and said police wouldn't take a report. It's just scary. The lawsuit says Apple air tags are the weapons of choice for abusers and stalkers because they're more accurate than other tracking devices, easy to use with other Apple devices, and they're cheap, just $29. Check your belongings, check your surroundings. It was the scariest, scariest moment ever. Earlier this year, model Brooks Nader made this Instagram post saying she believes someone put an air tag into her jacket at a restaurant bar. NBC News hasn't been able to confirm Nader's account. Can Apple

be held liable if someone chooses to use its product for a criminal action? Apple likely can't be held liable because bad actors use this product in a bad way, especially because it appears Apple has taken a lot of steps to notify people when there's an air tag traveling with them. When reached out for comment, Apple directed us to a statement released in February that said in part, we condemn in the strongest possible terms any malicious use of our products. The company also said it made air tag updates, including privacy warnings, unwanted tracking alerts, and the ability to locate an air tag if there is unwanted tracking. All right, Naila Charles joins us now from Los Angeles. So Naila, as you mentioned in the piece there, there are other tracking devices out there,

but it applies to air tags being questioned here, the lawsuit. Is it the popularity or is it that the tracking abilities there are in question? It's both, Tom. Air tags are so accurate because they use Bluetooth technology to send a signal to Apple devices for a location. Think of it like a cell phone, but instead of pinging a cell tower for a location, it pings Apple devices. Apple says the entire process is anonymous and encrypted. Nearly 49% of people in the country have iPhones, so it's a popularity that makes them tracking technology so strong. Tom? Okay, Naila Charles, we thank you for that report, and it's not just Apple that's under fire over privacy problems.

More states now expressing concern over social media giant TikTok, with one even suing the company we're going to tell you about. that citing child safety issues. And you may have seen those popular AI-generated portraits are all over Instagram, right? They're all over every social media, to be honest with you. But some security experts are saying, be careful what you post. For more on this topic, I want to bring an NBC News tech reporter, Dave Ingram, who joins us now. Dave, the stories we just heard are very alarming, but the reality is air tags are small, they're inexpensive. What are some of the ways Apple can actually prevent bad actors from using them, or can they? Yeah, well, you mentioned some of the changes that they've made.

back in February of this year. That happened after there were already some cases of stocking and also carjackings, cars being stolen or other types of misuse of these products. Apple added a couple features to try to prevent bad actors from using air tags in this way. So people who may be stocked can see on their, they may get on their phone some alert that there's an air tag traveling with them. They also fine-tuned to the ability or the a feature that has the air tag beep under certain circumstances when it's not near the owner. And that, you know, can eventually allow the person who is being stopped to disable the air tag when it's near them. Dave, let's turn to TikTok now. Several states, including Maryland and Texas, banning government employees from using TikTok on work devices,

citing security concerns. Now, Indiana is suing the company for child security and safety violations, claiming the app exposes them to mature content. Other social media companies have faced scrutiny about data protection, even the type of content. But should the average user be concerned about TikTok? Yeah, I think the short answer is, yes, the average user should be concerned anytime they're using either TikTok or any other social media app that collects your personal information,

whether it is asking for your contacts, whether it is tracking your, I mean, they are tracking how, Often you log in, often you're a location. The fact is that whether it's TikTok or any other app on your phone, there are all kinds of data, either directly about you personal information or location data, metadata, that can be personal of nature. And using any of these apps, we should all be aware that we are compromising to some degree our privacy.

Finally, I want to ask you about those portraits. People have probably been posting all over social media. Some people have been seen them. There are so many of them. We've seen, this is one, I want to show an example of what they look like. Yeah, they're pretty incredible. It's M.J. Rodriguez and Chance the Rapper, Marvel star, Simulu is there as well. And those are portraits that are all AI generated.

They're pretty impressive. The app creates them based on photos you submit, but some security experts have raised concerns about this app. Is it really different than using face ID on an app, for example? This is one of those things that sort of, you know, people have to think about the balance between how fun these apps can be. And they create pretty cool images, but also we can never be certain how this data is being used, right? So Lenzha, one of these companies, says that they're deleting all these images, anything you submit or anything they produce within 24 hours. But, of course, that's not being audited by any third party. And there's sort of a patchwork regulation in the United States to protect us when we're online.

There is no federal comprehensive data privacy law. And until there is one, any app like this or TikTok or any other app on our phones is going to collect some data with really only a self-regulatory scheme. And Dave, real quick, just the danger there for that last app that's doing those portraits that everyone is using, it would be essentially you're submitting your photo to an app that you have no idea who runs this app. Yeah, you have no idea who runs at their new companies. They may say, and some of them do say, I've read some of them. their privacy policies, that they delete the photos you submit within 24 hours or sooner, that you still own the rights to your photo.

You're not turning over the intellectual property rights. But again, there's a certain amount of trust that is going on, and you have to have in order to feel assured that the status is not going to be misused. So it does come down to how much you trust that particular company. Okay, Dave Ingram. Thank you so much for joining Top Story tonight. Coming up next, an update on the death of mobster Whitey Bulger. The new report just released by the Department of Justice.

What they say led to the crime boss's 2018 murder in a West Virginia prison. Stay with us. All right, we're back now with Top Stories News Feed, and we begin with new details on the death of notorious crime boss, Whitey Bulger. The Justice Department releasing a scathing new report, finding, quote, gross incompetence led to the mobster's murder in a West Virginia prison in 2018. Bolger was killed by fellow inmates just 12 hours after he arrived at one of the most violent prisons in the nation. According to the report, inmates had been tipped off about Bulger's impending transfer,

though no evidence of malicious intent or improper motive was uncovered. Okay, now to the major explosion caught on camera at a gas station in upstate New York. New surveillance footage shows a driver doing burnouts at a Rochester gas station, donuts. When he slams right into a gas pump, that pump that erupting into a fire and causing a fire, luckily no one was hurt somehow. That 18-year-old was arrested. An update tonight in the Theranos scandal, the company's former C-O-O-Romish-Sunni-Bawani, sentenced to nearly 13 years in prison for fraud. He and his former partner, Theranos, founder, Elizabeth Holmes, were found guilty of deceiving patients and investors. During their time

at the failed blood testing company, Holmes was sentenced to more than 11 years in prison last month, Balwani is expected to surrender to authorities in March. And a surprise performance at a San Diego concert had the audience saying more cowbell. Well, you can't hear it there, but just imagine that beautiful sound of a cowbell. That's Will Farrell on stage. As a nod to memorable S&L skit from 2000, the comedian joined his son Magnus for a concert benefiting cancer for college. started by one of Farrell's friends,

well, Farrell, sorry, award scholarships to cancer survivors in college. And now we return to a story we've been covering closely on top story, that tragic and gruesome murder of four students at the University of Idaho. Police today removing some personal belongings of the victims from the house where they were stabbed.

Steve Patterson is there and brings us the latest developments. Tonight, it's finals week at the University of Idaho, but the campus is eerily quiet. The still-unself-quadruple murder has students and their parents back home on edge. There's not very many people who have been going to classes. They often opt for virtual classes because they might feel safer in their homes

or they don't feel safe commuting to campus, especially with the sunset happening so early now, around 4 o'clock. When journalism major, Katerina Hakima does venture out, she's alert and prepared. My roommate bought me a pepper spray that I keep on my keychain now. It's because no suspect has been publicly identified. No weapon has been found. continue the complicated investigation. Today, police going to the site of the gruesome murders to box up and return the victim's personal effects to their families. Hopefully they help with some of their healing. But the victim's families are fed up. They say the police haven't been

transparent and have been giving conflicting accounts of what happened. The father, one of the victims, Kaylee Gonzalez, telling Fox News he's hiring a lawyer and private investigator to quote, get the truth faster. Let's stop playing games, guys. I need somebody step up and be an outfit. Be somebody to be a leader. But experts tell NBC News, it could take weeks to analyze DNA evidence and fingerprints, especially in a house with a lot of roommates and friends coming and going. Meanwhile, there's a glaring five-hour gap in the timeline of events surrounding two of the victims who authorities say were last seen at a party at this frat house the night before.

Officials say they left the party around 8 or 9 o'clock, but aren't placed at their home until 1.45 a.m., even though it's only about a block between the fraternity and the crime scene. Yeah, Tom, a big break in this case could come with the release of a full autopsy report. The problem is we don't know when that would be released or if it will be released to the public as this investigation is ongoing. What we do know is that police citing the coroner's office indicate that all the victims were asleep at the time that the stabbing occurred. However, that there were defensive wounds as well, which also indicates that there was a fight that some of the victims may have fought back. Meanwhile, local, state, federal officials all working in concert to try to find some scrap of evidence or anything that could push this investigation forward.

Tom? Okay, Steve Patterson, on the ground for us. Steve, we appreciate it. Now to Top Story's Global Watch and the deadly bombing at a police station in Indonesia. Authorities say the bomber entered the station with a motorcycle and blew himself up. The attack killing at least one officer and injuring 11 others. Police say the bomber was part of a group with ties to ISIS. He had been released from prison last year after serving time for funding terrorism and bomb making. In Spain, the search for more than a dozen people

after a scheme to force an emergency landing. A commercial plane carrying more than 228 passengers from Turkey to Morocco when a woman said she was going into labor. When the plane landed in Barcelona, at least 28 people took off across the tarmac. Half of them arrested by police, but the other half are still on the run.

Authorities say a similar situation happened last October in Mallorca. goodbye airplane mode, at least in the European Union, they say they will allow airline passengers to make calls in flight. The 27 country block telling its member nations they have until next June to assign 5G frequencies for planes. EU officials say the new policy will provide new services to passengers and help companies grow. Experts say the move could lead to a similar rule change here in the U.S. Okay, we turn out of the royal controversy, Prince Harry and Megan, stepping out in New York to accept an award as viewers anxiously await the premiere of their new Netflix docu-series.

The first three episodes scheduled to drop in just a few hours. Keir Simmons has more. Are you putting money before family? Duke and Duchess Harry and Megan in New York ahead of their multi-million dollar docu-series released tomorrow. Receiving an award for fighting racism. The couple relaxed and joking. All of you, thank you for coming.

Thank you for bringing me on this very special date night. You're welcome. But at 3 a.m. Eastern, Netflix will stream the first. three episodes. There's a hierarchy of the family. The rest of the royal family have only seen two one-minute trailers. It's a dirty game. Pain and the suffering of women marrying into this institution.

Even supporters anxious tonight. I don't want Harry and Megan to get to a point of no return where they say things that perhaps the royal family takes such exception to, the relationships can't be repaired. Doesn't it make more sense to hear our story from us? from us. And already the trailers have caused questions. This image depicting hungry paparancy is actually from a Harry Potter premiere. There's been so much analysis and already so much outrage just about the trailer. Tonight, Tom, Buckingham Palace is facing a tricky 24 hours. But so does Netflix, Harry and Megan. No revelations and the critics will say it's a flop.

Big revelations and they'll say Harry is attacking his own family. Tom? All right, Keir Simmons for us. Thank you. When we come back, Times Person of the Year, the world leader who topped this year's list, and the massive stars from the worlds of sports and entertainment, also recognized. Stay with us. We're back now with a new title for Ukraine's President Zelensky. He's been an actor, a leader,

and now he's Times Person of the Year, along with the Ukrainian people. Time magazine also revealing their list for athletes, artists, and more. NBC news anchor Joe Fryer takes a look at the people and the impact they've had in all of us. A leader who was reluctantly thrust into the international spotlight, Ukrainian president Volodemir Zelenskyy, is Times 2022 person of the year. The political novice captured the attention of billions as Ukraine defiantly stood up to the largest country in the world.

A great honor for me. Thank you. He has empowered his nation to join the fight against Russian forces, which is why the spirit of Ukraine is also recognized. recognized on the cover. When Zelensky said very forcefully in the very first minutes, this act of courage and said, I'm staying, we're going to fight this thing. It sent a signal to the rest of the hierarchy of the state that was, in a sense, contagious. The TV personality turned politician. We've been waiting for this so much time. Understands the importance of a well-delivered line. He had this very strong ability to hold the attention of an audience, to anticipate what the

audience needs and wants, not to disappoint them, and not to be intimidated by the glare of a lot of expectant gazes, right, pointed at you. Although Zolinsky's supporters hail him as a hero, Times editor-in-chief says that is not what landed him on the cover. It's actually not an award. It's a designation for the person or sometimes it's an object that most influenced events through the years. Sometimes that's for good. Sometimes that's for ill. Sometimes it's in the in the middle. Zelensky topped a short list of other contenders, including Chinese president Xi Jinping, the Supreme Court, and for a second year in a row, Elon Musk. The women of Iran are times heroes of the year. After the death of 22-year-old Masa Amini ignited protests across the

world against Iran's morality laws. Times picks can sometimes come as a surprise, but their athlete of the year certainly did not come out of left field. He came out of Russia. He came out of This year, it's Yankee slugger Aaron Judge, who smashed the American League home run record. High drive, left field, there it goes. See ya. For months, there was speculation about where he would end up. Do you see your career starting here, exploding here, ending here, or do you kind of not know what the future holds? I don't know what the future holds. You never really know. But today, the outfielder locked in a record-breaking nine-year, three-hundred-old. $160 million contract with the Bronx Bombers.

As for other time honors, country music artist Mickey Guyton is the breakthrough artist this year. Michelle Yo, star of the movie Everything Everywhere All at Once, is entertainer of the year. What's happening? And artists of the year are South Korean girl group Black Pink. Offering a catchy soundtrack to a memorable year. Joe Friar, NBC News. K-pop still taking the world by storm. We thank Joe Friar for that when we come back, the homecoming hug,

the daughter of an Army staff sergeant telling a camera crew how she missed her dad, but what she didn't know was the surprise she was waiting for was just moments away. Their reunion, nearly a year in the making, right after this break. To cover the news, you have to be. in it. We'll take you to the front lines of the story, bringing your news feed to live. Streaming live every night. It's your news playlist.

Top Story with Tom Yamas, weeknights at 7 on NBC News Now. Finally tonight, home for the holidays. A little girl in Arkansas hadn't seen her Army dad in nearly a year. But when the school mascot paid a random visit to her classroom,

she ended up getting a hug she's been waiting for. Wait till you see the moment. Down in Little Rock, Arkansas, a big surprise. Seven-year-old Kalin Martinus, the daughter of an army staff sergeant, thinking she's about to be interviewed on TV. My dad's in the Army. Answering questions about the sacrifices military families make and what it's like not to have dad by her side every day. How much do you miss him? So much. She told them how her dad is her hero, Staff Sergeant Carl Martinoos. He's been overseas serving in Iraq for nearly a year. The last time I got

to see him. We hugged each other goodbye. And she's been holding on to the memory of that hug for 11 months, only able to speak to him through FaceTime. While I was over there, we would do, you know, act like I'm a hugged at the phone. But to do the real thing, there's nothing you can that describes the feeling. And it means everything, it means the world. But what Caitlin didn't know is that initial TV interview wasn't real at all. All part of an elaborate surprise that involved her dad coming home and posing as the school mascot on that same day. Yay! Little Kalyn getting the surprise of her life.

What did you think when I showed up in the costume? Well, at first I didn't know it was you, but then when you took your mask off, I was surprised that was you. Staff Sergeant Martin News granted leave allowed to return home early for the holidays, and now making up for lost time. When they first leave, it kind of feels like. It's been a long time, but when you finally get back, then it'll think like you've just came from yesterday. Both appreciating this priceless gift arriving right on time.

I missed you. I missed you too. Such an incredible moment. We thank Army Staff Sergeant Marty News for his service and for sharing that moment. And we thank you for watching Top Story tonight. I'm Tom Yamerson, New York. Stay right there. More news on the way.

Thank you.