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Be in jail now? his lawyers are also saying that this case is without merit. that much of what he said is protected under the first amendment to the constitution. so thats the set of arguments thats shaping up in court today, jose. >> ken dilanian, thank you very much for that update. >> you bet. still ahead, some hospitals are strained with covid patients right now, they are asking staffers who are sick with covid to come back to work. plus, whats fuelling a rare winter wildfire in californ...