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considerable sway over his party. president biden is delaying his deparcher by a few hours, in an effort to vote for the infrastructure bill tomorrow. that, as democrats are furious that paid family and medical leave is likely to end up on the scrap heap. along with free tuition for community college, tax rate increases and the clean emergency program. joe manchin doesn't think it should be in the bill at all. one democratic senator saying, people are pistpissed he wants take out family leave. >> the problem is not with the president. the problem is, although they are few in number, a significant minority, they have a right to determine what the rest of the congress should be doing.

a minority should not be di dictating to the majority. >> the proposal was scaled back to get manchin's support. that didn't work. neither has an effort by senator kirsten gillibrand to find a compromise with manchin, who says, tonight, i just can't do it. can democrats get out of their own way and make a deal with just hours to go until the president's trip? we have some breaking news tonight on the investigation of the shooting on the senate of alec baldwin's movie, "rust," that kill ed la l ed halyna hu director joel souza. >> protocols are followed by everyone in the industry. sounds like that did not happen in this case, on multiple levels. >> there's a new search warrant

affidavit. the affidavit also revealing 24-year-old hana gutierrez working on her second movie as an armorer, told investigators no live ammo is ever kept on the set. a discharge fired a suspected live round. >> i think the facts are clear. a weapon was handed to mr. baldwin, kill ing killing mm ms. hutchins and injuring mr. souza. the protect tile has been recovered. we regard this specific spent casing and recovered projectile to be the live round that was fired by the resolver by

mr. baldwin. we have recovered, what we believe to be additional live rounds on set. >> so many questions, and this case, may turn on the answers. why was there so much live ammunition on a movie set? how many live rounds were there? and was there a lack of seriousness about safety on this set? there's a lot to be answered. a lot of breaking news. want to get to the breaking news from washington, d.c. first. want to bring in jessica dean and arlette sines. jessica, there's been so much movement on this spending bill tonight. it seems like negotiations are changing at the minute. >> they are.

it was a whirlwind of activity. they are looking for a top line number. how they're going to pay for that. the revenue and how to pay for it. and the provisions that would be going into this bill. we'll start with expanding medicare. you saw bernie sanders. you had the clip at the begins of your show. i asked him, what assurances he got from president biden. you heard him say, it's not the president that's the problem. it's people in the minority in the senate. they are continuing to push for that, to expand to personal, vision and hearing. a medical expansion to the 12 states that have done that. t tammy baldwin told us about instead of starting a medicaid program, would subsidize plans through obamacare. they're working on that, trying to see if manchin will get

onboard with that. and you have prescription drug negotiating costs for that. kyrsten sinema who have those in their home state or districts, have pushed back. that continues to be played out. paid leave, that you mentioned at the beginning of your show, that appears to be dropping off. once the news broke late this evening, when we were here, they were going through the final vote series. there were upset democratic senators. on the house side, as well. they are continuing to push on this, as well. climate probably has a lot of optimism. we saw that nancy pelosi sent that to house democrats. she was optimistic about the proposals. it could be upwards of $500 billion. that's the biggest chunk of

money in this package. >> this is a big trip for the president. is he going to be twisting some arms and expect a deal? >> the white house had long been entertaining the possibility of having president biden go in person to make this appeal to house democrats. the president will be going to capitol hill in the morning to meet with house democrats. a source said they would look at that and the larger package. the president is heading into this foreign trip with agreement on his legislative top priorities. we heard that house leaders

would like to schedule a vote on the bipartisan infrastructure proposal. they want to see a text that can be voted on, not just a framework. they want to see the tangibles of what this plan is going to look like. the head of the progressive caucus had said that having the president come and ask for them to vote for the bill wasn't going to necessarily get her members onboard. we'll see what kind of heavy lift the president might have ahead for him, as he is meeting with the house democrats. he could be -- that meeting is supposed to be around 9:00 a.m. we don't have a time when he would be leaving for rome. the white house said he can delay a little bit. he has an important meeting with the pope starting on friday. the white house is acting with a real sense of surgecy, talking to those two key holdout senators, manchin and cinema. and trying to take in the

concerns of bernie sanders. you saw senator sanders here at the white house. meeting with the president over an hour today. the president is trying to take a handle on all sides within his democratic party, as he is hoping they can come together and push his economic agenda across the finish line. >> let me ask you about something that jessica mentioned earlier. that's paid family leave. how big of a blow is it if this is out of the plan? >> it's pretty big. this was a central component of what the president had been proposing. they had originally touted there would be 12 weeks of paid family leave that was whittled down to four weeks. the town hall with anderson cooper, that the president was touting this and talking about how the american people would -- they support this type of measure and they want to see this type of a system. now, we're learning that it is scrapped from the plan. that's a concession to senator

joe manchin. there are other elements of the president's plan that aren't making the cut anymore. a few hours ago, they were touting that paid family leave as one of the historic investments of this plan. there's other things that the white house will be touting if the deal comes together. there's free preschool and the one-year extension of the child tax credit. but the family leave out of the plan is a blow to the white house. >> that's a cornerstone. jessica, listen. give me the latest on the democrats' plan to pay for this bill, taxing billionaires and so on. we've been hearing about a lot of paid fors, right? what's the plan here? >> a new tax plan, as the hours go by. there's a couple to zero in on. number one, the corporate

minimum tax, that has a lot of support. that would place a 15% tax on roughly about 200 companies that make $1 billion in profits a year. that seems to be kind of moving ahead, right now as we speak. the billionaire tax that you just mentioned, is a bit more precarious at this point. there's been a lot of pushback. we saw them walking down the cor corridor. i speak to elizabeth warren as she got on an elevator. we've been talking. we need more details. got to keep talking. as arlette just mentioned, democrats wanted and planned for raising individual income tax and the corporate tax rate, reversing a lot of the trump tax cuts. that's what came out of the house. and the white house, the chairman of the committee that put that together, continues to

stand by that is the best way to do this. senator sinema says she is a no-go. and we will see how that is shaped over the next 24/48 hours. >> and the president hopes, the next eight hours or so. thank you. will democrats draw a line in the sand over family leave, now that it's all but scrapped from the social safety net bill? i'm going to talk with jamaal bowman next. (all cheering) it feels too good to be true. it's kicking back and relaxing as we pick up your car. and when you get paid on the spot, it feels like scoring big. you know the feeling. you just never imagined you could get it from selling your car. well, with carvana, you can. experience the new way to sell a car.

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so, the breaking news. a source telling cnn that president biden will attend a house democratic caucus meeting tomorrow morning. he is trying to convince progressives to vote for the bill before he leaves for this trip, delaying his departure to europe to get concrete results. on a big development tonight, it looks like paid family and medical leave may be out on the spending bill because joe manchin opposes it. good evening, sir. what do you think? that's out. are you in? >> that remains to be determined. we were supposed to be at 12

weeks, it went down to 4 weeks and now it's out. even though the majority of the country supports paid family leave. it's 's archaic, or inhumane tok parents to leave child care while they go back to work to earn a living. it remains to determine where i am, now that i'm hearing that is out. again, it's unfortunate that we have a minority senator, one person, who opposes this, where the majority of the country supports it. for me, it's unacceptable. did you hear why he didn't support it? >> i have not heard from him. the cpc has not heard from them.

he seems to be someone that is pro-family. and if you're pro-family, you're pro-children. if you're pro-children, we should have paid family leiave s a developed nation. we have an economy, millionaires and billionaires and we put them on track to be trillionaires. we can't provide paid family leave. it's unacceptable. the rationale i heard from manchin is this quote/unquote entitlement mentality. he seems to be regeourg tating this coming back from covid. building back better is building back better for all people. including people of color and those that try to start

families. >> will you vote for the spending bill if that's not in it? >> it remains to be seen, right? this negotiation has been changing seemingly minute by minute throughout the day. i'm sure it change a few more times. i'm looking forward to hearing what the president has to say tomorrow, at our caucus meeting. we continue to hear progressives need to compromise. progressives are trying to push president biden's agenda from the finish line. a few of the colleagues in the senate are the ones stopping that from happening. we are in with speaker pelosi

and chuck schumer. the president cannot go overseas on this climate trip, for example, with only the bipartisan infrastructure framework in-hand. that's a regressive bill when it comes to climate. $500 billion investing in climate, is a good thing. where is that $500 billion going to put us -- to help us reach our 2035 and 2040 goals? it's a lot to work out. we need to see what we're going to do in terms of a vote. >> you said the bill is p regressive. he can't go with the infrastructure part of it. if he appeals to you tomorrow, can you reach an agreement on the infrastructure part? >> i would like to see will text and i would like an opportunity to go through the bill text line by line. i'm new here. i've been here ten months.

there's times when we received bill text 30 minutes before voting on the bill. that's unacceptable. especially when we're making the biggest social investment since the new deal. i want to see bill texts the way joe manchin gets an opportunity to go through it line-by-line. my associates and i need to go through it line-by-line, as well. we are finally on the precipice of investing in public housing, for example, in the way where we haven't done in decades. investing in -- extending the child texas credit. investing in universal prek. universal child care. taking care of our seniors. balance reduction. we have to get this right. and unfortunately, the deadlines have sped up the consciousness of the country, wanting us to do it a big quitter.

we quicker. >> you talked about the mentality. do you think some of the folks -- i guess specifically joe manchin, that they have this idea, maybe, of a mentality when we're living in a -- do you understand what i'm saying? he is talking about coal. everyone would love everyone in coal country to have a job. that's not where the world is anymore. >> when we talk about a green new deal, we're talking about a just transition for those that work in the fossil fuel industry. to make sure they map tan a job and maintain insurance and the same pay. we come together to make sure we deal with the issue of climate change. hurricane ida destroyed new york and new jersey, killing 50 people just a couple of weeks ago. that's going to happen more frequently.

we have to get to a place of clean renewable energy. >> are you concerned that it looks like your party is blowing it and that democrats can't govern? that has huge ramifications. that has a ripple effect and look at virginia and other places where the elections are coming up. and for 2022 and 2024. if you guys can't come to an agreement on this. governing is about negotiation and negotiating takes time. >> i understand that. >> it takes time, man. it will convince voters to come aboard. tell them what you're doing. and also to negotiate and to agree. all of those things. >> people are excited that

someone is finally fighting for them. >> when you look at polling across the country, the american people are aligned. >> when you look at polling across the country, the american people don't know what democrats are doing. there's infighting among democrats. it's not just what is happening in your individual district. you're looking out for your constituents. but there's a broader picture happening that's a broader picture happening with the democracy, under threat in this country. you don't understand the urgency of the moment you're in right now. >> i agree we need to do a better job of communicating, of engaging with the districts that will benefit the most from the build back better act. that's what i try to do on a dalery basis.

many of my colleagues try to do the same thing. i think the president's poll numbers are not going up because of the infighting was the engaging or other things. when we pass the bipartisan infrastructure, those will go back up. when we do well on voting rights reform, those numbers will go back up, as well. when people feel the impact of pockets in their lives, those numbers go back up and we'll maintain the majority in the house in 2022. it's time for us to deliver. >> i enjoyed this conversation. i hope you come back and we continue to have these discussions. thank you. i really appreciate you joining us. major developments in the fatal shooting on the set of alec baldwin's movie. the santa fe county sheriff saying the actor fired a suspected live round. yes! you look amazing! no, you look amazing! thank you! thank you!

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so there are big developments tonight in the fatal shooting on alec baldwin's movie set that took the life of halyna hutchins. the gun discharged a live round. meanwhile, the district attorney saying the question of how live rounds got loaded into the gun will be a factor into determining possible criminal charges and the assistant director handing baldwin the weapon admitting he didn't fully check it. let's bring in the armorer on "euphoria" and a lawyer

representing people that got hurt on film sets. jeffrey, the d.a. says how live rounds got into the gun will be a key factor in bringing charges. do you think we could see criminal charges in this case? >> i really do. i mean, if you look at what happened on this set, you have a situation where live ballistic rounds were allowed to migrate on to a movie set and it always highly likely on a movie set that someone is going to be, if you're using firearms to shoot scenes, somebody will be pointing a firearm at another person and if you add those two things together, the high probability a gun will be pointed at someone and the fact that live ballistic rounds are allowed onset is the kind of conduct that rises to the level of gross negligence, which is what you need to have a criminal

charge. i really think someone will ultimately get indicted in this case. >> who in the line of people there, gross negligence but whom? >> well, i mean, you know, they're going to have to piece it together. obviously, the armorer has responsibility for making sure that that gun doesn't make it to the actor's hand, that's the primary responsibility of the armorer and the first assistant director is the person on a set who is primarily in charge with safety and if the first assistant director isn't doing his job, those are both deviations from what a normal person would do and it rises to the level of recklessness because that deviation is likely to result in injury. so those two people i think are definitely going to be a focus of the investigation but ultimately, the d.a. has to figure out how that round got into that gun. i mean, it's clear that the armorer and the first a.d. didn't inspect the gun and find out that the round was in there, but somebody put it in there. somebody ultimately put that round in that weapon and that person also i mean, i'm

presuming the d.a. will do their job and figure out who that is but i think that person is also likely to be indicted for some form of criminal negligence. >> this is what you do. in this conversation that we just had, what do you want to add to it? >> well, it's obviously unconscionable that a live round would make it on to a movie set much less into a hero prop gun. the chain of events that have to occur is unfathomable. there is a chain of custody the gun stays in possession of armorer from the locked truck, always under their care. they're the only ones that handle the gun and get to the actor. the first a.d. can see that and take a look at the ammo and gun but it's a relationship between the armorer and actor. it's obviously, it was a bit of chaos that day. some of the crew walked off. and the replacement crew so people were sitting idle and

they had gone three weeks without a paycheck and working really long days, 14-plus hours and then we find out unbelievably that someone went off and shot actual live rounds out of a prop gun near the set. so is it a leftover from the shooting, the recreational shooting during the break? or deliberate round in the gun? the safety steps are in place. the armorer would have checked it and the first ad would have checked it. that did not happen. >> as you talk about this and these new revelations come out, what are you thinking about -- this is highly unusual, right? for someone to be a possible target practice as we've heard and then the armorer, excuse me, the a.d. saying i didn't really -- i don't think it checked it fully. this is extremely unusual.

>> it's very unusual, you know what? i'm sorry, we shoot millions, literally millions of rounds, blank rounds in hollywood and we've been doing it for over 100 years. it's a very safe process. we're used to it. we block it out carefully and everyone knows when the gun has a blank because we call it out, hot gun, which you heard cold gun. we call out a hot gun on demand. the last thing before the camera rolls and we get the scene and the armorer is the last one to clear the gun when they call cut. everything is safe as possible. something like this is a major breakdown. there are so many safety checks along the way, it's really hard to fathom how this was allowed to happen. >> quickly, to show our viewers, you have some examples here of a safety and we'll get back to jeffrey because i want to talk

about the legal angle. between a studio safety blank and dummy round, show us what you got. >> a studio safety blank might look like this and you can see this crimped end on the end of it and it looks almost like the end of a hot dog where it's pinched off or a sausage. that's an unfired blank safety blank round and i'm going to show you next a fired safety blank round. you can see that it's open. it been punched open and it's very obvious and it's about half of the weight because there is no powder. then i'll show you what a dummy round looks like. this is the hollywood magic, it looks like a real bullet. it has the lead in front and brass casing but there is no gun powder in it and no primer. to add to the safety, we also add a little bb inside. you'll never see it on camera but any crew member can put it to their ear and i'll put it to my microphone and hear the rattle. we can pick it up and rattle it. i read in a report the a.d. noticed the rounds that had holes in them.

so in my experience, it not very common onset to have dummy rounds that have a hole but what they can do is drill a hole right through the side of it and lets people know that it's a dummy round. so that would be duressed into the cylinder of the revolver. >> jeffrey, i have to go. what happens next? >> there will be three investigations. you have osha looking to see if safety regulations were followed. you have the criminal investigation and presumably, if the family decides to do so, there will be a civil investigation. all of those work on parallel tracks. >> you guys have been great. jeffrey, we'll have you back and continue to talk about it. dutch, you as well. appreciate you guys joining us. let's hope this never happens again and they put more safety precautions in place. listen, there were a lot. it looks like they just weren't followed here. thank you so much. so i have something really important to tell you about. okay? you want to mark your calendars

and tune in because on tomorrow's show, we'll air my exclusive interview with the jurors, many of the jurors from the derek chauvin murder trial. i asked them about hearing that gut wrenching testimony and what it was like to repeatedly watch the video of chauvin kneeling on george floyd's neck tomorrow night at 10:00 p.m., "don lemon tonight," the derek chauvin jurors will join us. the fda is expected to weigh in on whether to authorize the covid vaccine for young children after it got the green light from advisors. questions from parents about what this means for their kids and we got dr. anthony fauci here to answer them. he's next. looking at your full financial picture. this is what it's like to have a comprehensive wealth plan with tax-smart investing strategies designed to help you keep more of what you earn. and set aside more for things like healthcare, or whatever comes down the road.

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after a long wait, parents could start vaccinating younger children as soon as next week. fda advisors voting in favor of smaller pfizer doses for kids

ages 5 to 11. it could be a key step in slowing down the pandemic as winter gets closer but with 28 million kids soon to be eligible, the question really is how many parents will get on board with this? let's discuss with anthony fauci. doctor, thank you very much. appreciate you joining us this evening. vaccinations for children 5 to 11 years old could be approved in a matter of days. parents have a lot of questions about that. here is a big one. the dosing. the 5 to 11-year-olds would get a smaller dose than kids who are 12 and older, even though they are close in age and could have much bigger body sizes. what do you say to parents? they're concerned about this. >> no, actually i don't. you're going to have to make a cut off some point and the cut off was made at that age from 5

to 11. as you know, from 12 and older, the dose was the standard dose. they cut the dose down now to about one-third of what it is. it was 30 micro grams and it's now 10. that's a reasonable thing to do. if you have to start measuring it by body weight and things like that, it would become too confusing. i don't have any concern as a physician and as an immunologist knowing the kinds of things when you stimulate the immune system. i think we'll be okay. i think that was a prudent choice. >> that was my question about body mass and size and height and you don't find that necessary? >> no, i don't think so, don. i don't. i think it would become too confusing if that were the case. i think this is a good way to have the cutoff. >> listen, a recent kaiser family foundation poll shows around one-third of parents of 5 to 11-year-olds will vaccinate their children as soon as it's available. with covid trending down right now and cases oftenless severe in children, lots of parents are asking if their kids really need it.

what do you say to them? >> you know, i think the answer to that, as i feel fairly certain the answer to that is it would be a good idea to vaccinate the children. you know, when you ask people about what they're likelihood of having vaccinations be there for themselves when they're adults or children, we start off around 35%, 37% and then when people start seeing that the vaccinations are being distributed and they're being administered and things are going well, people gain more confidence. so i think that number of the people that would be willing if not enthusiastic about getting their children vaccinated is going to increase. you know, don, i do feel it's important to vaccinate children. no doubt from the statistical standpoint when children get infected, there's very much more likely that they would not have a severe outcome compared to an elderly person like myself or

someone who has an underlying condition. but that doesn't mean that the kids are exempt from some serious illness because all you need to do is go to the pediatric hospitals around the country and you see particularly with the delta variant, which has a much greater chance of transmitting that more kids are getting infected and as more kids get infected, some of them, maybe a small proportion are going to have a serious outcome. also, you want to make sure that we don't have a situation where the children inadvertently and innocently when they get infected, many of them without any symptoms are spreading it within the family unit, which is something that recent studies indicate that that might be the case. there is a really good reason to have the children vaccinated and that's the reason why we hope that we'll be able to answer the reasonable questions that parents would have and no doubt about that, they have good

questions and hopefully, in the out reach we'll be able to adequately answer the questions of the parents. >> one of those reasonable questions might be, you know, my kid already had covid. they still need to get the vaccine? i mean, i know you recommend it for adults. is that the same for kids as adults, do they still need the vaccine? >> i think that would be the case for the following reason. one of the things that is so clear if you are infected and recover and then you get vaccinated, the level of your immunity against reinfection is really profound. it goes way, way up making you really very, very well protected against a return infection even with a different variant because we know when you have a high level of these neutralizing antibodies, it spills over and covers essentially many of the variants that we know are circulating. right now, delta is obviously the critical one. it occupies about 99% of the isolates in this country. >> so other questions. parents are worried about misc and long covid in children. how much do we have to learn more than a year and a half into this, doctor?

>> we know it occurs and it's serious. there are something like 5,000 kids that we have documented have gotten misc. long covid is an interesting thing, don. the reason is that one of the things that we learn about in realtime as the months go by and maybe even the years go by, is that we don't know the full impact of what happens following infection. we're learning a lot about that. we know that kids can get long covid and for the audience not knowing what that is, it's a persistence of symptomology sometimes not really readily explained by any pathology process but we've seen it can be debilitating in adults. fortunately, children statistically have a less of a chance of long covid i think than adults. it's anywhere from 5 to 10 to 30% or more.

with children it's between 4 and 6%. but there is still the risk and you don't want to take the chance of a child having some long term consequences of being, feeling washed out, inability to concentrate and the things that are associated with long covid. a lot of reasons, don, to get the children vaccinated. >> you know, i did a story last night. i reported last night about a high school that is testing whether some of the kids can -- kids and staff vaccinated, if they can go maskless. so many parents want to know if their kids will be able to go maskless once they are vaccinated. >> you know, the answer is not right now. when you say maskless, i think don, we have to qualify what you mean. if you're talking about in an indoor space in which you're not sure everyone is vaccinated or what their status is, the cdc recommendation still says that in the school setting and indoor congregate places to wear a mask, even when vaccinated and the reason is, don, the dynamics of infection right now we still are averaging about 70,000

infections a day. that's a viral dynamic that's too high to say okay i don't believe now, particularly in an indoor setting that we're ready for that right now. >> i want to talk to you about right now, i'm sure you know, dr. deborah birx gave a damning appraisal in-house testimony saying 135,000 lives could have been saved by just implementing masks and testing. and also says the 2020 election distracted them from the virus response. you were there. do you agree with her characterization? >> well, i think we could have done much better. and i made no secret about that. i mean that got me into some trouble with the trump people

when i was being open and honest about the fact that i felt that many of the things that were said about don't worry this is going to go away or not paying as much attention to it, i don't think you could put a number on how many lives would have been saved if you did it differently. it's much easier the other way to say if you did this different thing, if you vaccinated people, you would, in fact, save a lot of lives. but, you know, dr. birx tried her best when she was there and i was there with her. but a lot of times the things we remmed were not put into place, so she does have a point what she said. >> dr. fauci, thank you. >> good to be with you, don. thank you for having me. so two months ago he didn't herschel walker was such a viable candidate. after trump endorsed him mitch mcconnell is singing a different tune. it was no cost to them. >> woman: really? >> tech: that's service the way you need it.

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so take this everyone, the senate minority leader mitch mcconnell failing, excuse me, well, falling in line with the former, there was a little slip there, falling in line with the former president and endorsing football star herschel walker's georgia senate run. mcconnell putting out a statement saying and i quote i'm happy to endorse herschel walker for u.s. senate in georgia. herschel is the only one who can unite the party, defeat senator warknock, and help us take back the senate. now i want you to rewind now to july, when senator mcconnell said now walker's campaign has said this, all right, that he's

received help since his allegedly violent incidence in the early 2000s. so they said he's received help since the incidence. senator mcconnell down-played the allegation and i quote, there are some things that indicate he's had some challenges in his life. on the other hand, the good news is he's made several impressive performances on national television. ah, he's good on tv. walker's claim with no evidence that there was serious election fraud in georgia, no evidence but he claims so. he tweeted on january 6th that trump needed to get to the bottom of who stole the election. listen, there is no doubt that minority leader mcconnell wants to be the majority leader mcconnell again. so if his endorsement means that will happen, you know he means it. negotiations looking fraught

over president biden's agenda as he gets ready to go overseas. will democrats be able to get a deal before he leaves?

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