if there were an escalation, the president telling me it's not to time for taiwan to back down, but to be resilient and strong. >> thank you very much, will. excellent reporting. thanks very much for watching. i'll be back tomorrow for our special coverage from rome. erin burnett, right now. out front next biden's presidency at a pivotal moment. missing his own deadline to pass the bipartisan infrastructure bill. where does his agenda stand? the committee investigating january 6th growing impatient with mark meadows and considering whether to hold trump's former white house chief of staff in criminal contempt.

a criminal complaint filed against andrew cuomo. let's go out front. i'm poppy harlow in tonight for erin burnett. the house delaying a vote again on the president's infrastructure bill, the earliest that vote could take place is now next week. this comes as biden is on his way to rome despite not landing a deal on his domestic agagenda. nancy pelosi has been pushing all day trying to bring the bill up for a vote. this is the plan that invests in roads, bridges, mass transit. the vote delayed because she didn't have the votes from members of her own party. progressive democrats demanding votes on that bill and spending bill at the same time. a draft of biden's economic a ag

agenda, nearly 2,500 pages, it was unveiled to day after the president delayed his overseas trip by several hours to personally plead with democrats to fall in line with what he calls an historic deal on the social safety net programs he's been talking about since the campaign trail. >> i'm pleased to announce that after months of tough and thoughtful negotiations i think we have -- i know we have an historic framework. >> biden wanted an agreement and vote on this bill before arriving overseas. he's not going to get it. if this deal on the sweeping spending bill comes together, it will be a huge victory for the president, for this administration. this deal touches virtually every american at many points in their life. it includes extending the child tax credit, billions of dollars for home care, two years of free pre k, $5 billion in clean

emergency. it is not done yet. despite pelosi warning her caucus not to embarrass their president, some progressives are still standing firm, still refusing to vote for the smaller infrastructure bill unless it's paired with a bigger spending bill. >> we've been very clear that the infrastructure bill as well as the build back better act have to go together. >> we intend to vote for both bills when the build back better act is ready. >> tonight the major questions that have left biden's agenda in the air, where do powerful senators, democrats, john manchin and kyrsten sinema, where do they stand on this deal? where will their vote be? will their approval be enough? phil mattingly is live at the vatican where the president is

headed. phil, how disappointed is the president? >> reporter: they were taking a calculated risk. the president announcing a framework that didn't have full agreement. the president going to capitol hill and making a pitch for agreement on that framework. it's a risk. it's a roll of the dice. at least in this 24-hour period it's a bet that did not pay off. white house officials are cognizant of that fact. you don't send the president to capitol hill and expect him to not get something across the finish line. that's what happened today. it happened through the lens of the president making clear to members of the house and senate that he wanted an agreement before he arrived in europe for this foreign trip. he'll be here in about an hour, maybe more. he will not have that agreement in hand or the infrastructure proposal. when you talk to white house officials they acknowledge they are closer than they've ever

been. no question about it. closer than they've ever been for a very expansive package despite the elements dropped out. however, it's not over the finish line. there's more work to do. one thing a couple officials have pointed out, progressives made clear the votes were not going to be there, they did endorse the overall framework. they see that as a positive. the president didn't hedge when it came to the stakes here saying he believes his presidency will be determined by this next week. the first day hasn't gone as well as white house officials hoped. >> phil, thank you. let's go to manu on capitol hill. manu, where do things stand? >> reporter: it's unclear when a vote ultimately will happen. ultimately there will be a vote in the house. now that they have voted to extend this -- the vote that just happened in the house was

to extend funding for transportation programs set to expire which is why they set a deadline for the infrastructure bill. now this new deadline is december 3rd. the question is can they get their conference together, both sides in the house and senate, by december 3rd? it's uncertain because of the two senators that phil mentioned, joe manchin and kristen cinema. manchin said a little bit more about the overall bill than he has in the past. saying it's the result of a series of good discussions, positive discussions. he didn't say if he endorses this proposal. that's what progressives want to hear. they want to hear joe manchin, kyrsten sinema saying they'll endorse the large proposal. at that point they say they'll be willing to vote. >> we heard joe manchin today not say he's not for the

$1.75 trillion price tag. progressives don't want to hear it only, they want to see it in writing. >> reporter: that's right. he refused to say anything about this. he would only say we're in good faith discussions. what has irked liberals in particular is the fact they've made a number of concessions moving towards joe manchin. they agreed to drop paid family leave. they didn't go as far on the medicare expansions. they came down from $3.5 trillion to $1.75 trillion because he said he would only go up to $1.5 trillion. he acknowledged he's willing to go up to $1.75 trillion but hasn't embraced the full proposal. it's still uncertain how this ends up. >> manu, thank you for your reporting. let me bring in the democratic

congressman from new york. good evening. >> good evening. >> speaker pelosi said she wanted a vote today on the infrastructure because when the president gets off that plane we want him to have a vote of confidence from this congress. your progressive caucus not willing to vote on this. what do you achieve for your constituents in new york by delaying again? >> in my case i'm very strong for immigration reform. i'm happy to report that there's new elements in the reconciliation package of immigration reform. we have the registry proposal, the work permit proposal, as well as over $100 billion allocated for immigration. we still need a few more things in case everything falls apart. we've been supportive of president biden all along. we've been with him from the

very beginning. we'll stand by him. we'll get this done. >> okay. here's how the president sees it, his message earlier today about these two bills. listen. >> this agenda, the agenda in these bills is what 81 million americans voted for. more people voted than any time in american history. it's what they voted for. their voices deserve to be heard, not denied, or worse ignored. >> not denied or worse ignored. by delaying this vote are you ignoring those 81 million voters? >> we don't think so. we felt $3.5 trillion was what we began with. it's been cut down to $1.75 trillion. we want assurances whatever is left won't go to the senate and be hijacked by one or two senators there. we want to be sure this gets through and the president gets

the victory he deserves. we're very supportive of the president. he's our leader. we'll continue to support him. we got some immigrations in the bill. we're just one step away. i think we'll get there. we're a broad party with diverse opinions. >> i hear that. the diversity of opinions is critical. let's look at what -- some of the key things in each bill. under the current framework the spending bill would mean universal pre k for every child in american. $150 billion to expand access to affordable housing. the infrastructure bill major funding to remove all led pipes from the nation's water supply line, rebuild 20,000 miles of roads. also here in new york city, senator schumer says nearly $11 billion would fund our subways. how do you explain to your constituents that yet again, yet again, all of this is punted?

>> these are all great initiatives. we fought hard to make sure they were included, but guess what, we also supported free community college. we supported paid family leave. we supported changes to medicare to make sure seniors get eye care, hearing care. those things were stripped away. we accepted that. we want to make sure whatever is left, the $1.75 trillion that that's preserved and that the president slams dunk this bill and it's a victory for all americans. that's why we're fighting tooth and nail to get guarantees it's not hijack in the senate. >> congressman, thank you for the time tonight. >> thank you. >> let me bring in an adviser to former president bill clinton. you have good perspective on what it means to a president when you don't get everything you want, but maybe you get it later.

>> successful presidents right or left, but particularly progressives, know they get what they can. they bank that success and come back again. you never oppose a bill for what is not in it. i learned that when i stupidly advocated that bill clinton threaten to veto any health care bill that didn't cover every singing american 100% or nothing. so we got nothing. that was a huge mistake. we could have had obamacare 20 years earlier and it would have been great. look what barack obama did. he compromised down to public option. we lost the public option too. barack obama signed the bill. bernie sanders voted for it. why? it was progress. progressives are progressives, not perfectionists. i urge democrats to get behind this president. this will be the most important boost to the middle class in 50

years. they ought to bank the win and come back for the other things that didn't make it into the bill. >> they've got time now. i know next week this could come up for a vote. given the extension on the highway funding they have until december 3rd. do you think this could fall apart from lack of momentum? >> it could. what this president has that president clinton did not have is nancy pelosi. she's the most able leader of any party i've ever seen. she's playing such a tough margin. so is chuck schumer. clinton had 57 senators and barack obama had 60 for a time. johnson had 68. fdr had 60. this guy has 50. nancy pelosi is going to get it through. she will. i'm serious. i would never bet against her. this is the most difficult thing i've ever seen a legislative

leader try to pull off. >> we'll see. up next mark meadows, what will the select committee do? a member joins us next. also tucker carlson stooping to a dangerous new low. he makes this claim. watch. >> false lies have happened in this country. ♪ glory glory hallelujah ♪ >> one of which may have been january 6th. also the virginia race for governor, the republican candidate calling on his voters to watch the polls. we'll get to that tonight. is struggling to manage your type 2 diabetes knocking you out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it.

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in-wash scent boosters. shop online for downy unstopables, including our new, lighter scent. committee investigating january 6th considering holding mark meadows in criminal contempt. multiple sources tell cnn the committee is losing patience with meadows as he fails to comply with the sympubpoena. paula reid is out front. paula, what can you tell us is happening? >> reporter: we've learned that lawmakers are frustrated with mea meadows. it's been over a month since he was subpoenaed. during that time he was at least

engaging, negotiating terms. a source says at this point it's clear meadows has no intention of providing testimony or documents which is why we learned some committee members are ready to amp up the pressure on meadows and they can do that by setting a deadline which will force him to either comply or be referred for criminal contempt which is what they did with steve bannon. poppy, that is a risk. unlike steve bannon, the former chief of staff has a stronger claim for potential privilege protection. will he get it? that will be up to president biden. so far biden has not asserted privilege for bannon or records from the trump white house. white house counsel said this is an extraordinary circumstance and the president has concluded that it's not in the best interest of the united states to assert privilege. what will happen with meadows? the white house tells me they're assessing every question about privilege on a case by case

basis. we know from sources the white house has been in touch with the justice department which is notable. they've been discussing meadows. doesn't mean he'll get any kind of privilege protection because they've been in touch with the justice department about other matters and declined to assert privilege. meadows' team declined comment. >> paula, thank you so much. let me bring in congresswoman stephanie murphy. good evening, congresswoman. thank you for your time. you heard paula's reporting. meadows dragging his feet and testing your committee's patience. no agreement on testimony or documents. some conversation with the office of legal counsel. have you reached a point where meadows should be held in contempt? >> great to be with you, poppy. i will tell you our committee does not have limitless patience. once we realize that we've hit a point in time where we are not

getting the information that we want in the timeline that we need, we will take more assertive action. so, you know, i'm not going to try to get ahead of the committee right now. we don't have any tolerance for this. the other things that important to point out is that whether some of these high-profile individuals who have the resources to defend themselves decide to appear before this committee or not, we will still be able to continue to pull people in front of this committee and interview them and get the information that they have so that we can continue to build the picture of the planning and the execution of january 6th so we can prevent this from ever happening again. >> how important is mark meadows to that picture given his conversations with the president? >> it is clearly a key piece of information that we need because

he was engaged both in the political side, as well as in his official capacity. however, i think we can also get the information from others who were engaged in those conversations. we will not let him slide by. we are going to ensure that we pursue all the tools that are at our disposal to ensure he does provide information to this committee. if he doesn't, there are consequences. we are willing to pursue consequences for steve bannon. we're willing to pursue consequences for anybody who believes they're above the law. >> the result for the american people, though, is delay and waiting, even if prosecution is the next step. let me move on to something else that i think is very important and telling on the issue of the insurrection. the chief federal judge in d.c. is absolutely slamming the justice department for what she

calls schizophrenic and puzzling approach to punishing january 6th insurrectionists saying judges' hands are tied because prosecutors are offering m misdemeanor offenses to defendants. what's your reaction to these minimal sentencing levels for people who stormed the capitol? >> i have great respect for the division of power between the branches. i tend to agree with the judge in this case. you have to meter out a punishment that deters future insurrectionists. you have to ensure that the punishment that these people who tried to overturn an election, who tried to use violence to ensure they got the political outcome they wanted are deterred in the future. i tend to agree with her. i'm also happy to allow the

judicial branch to do the work that they need to do in order to do that. it's not my job as a legislator to engage in that process, but i tend to agree with her. >> the other big story we're following tonight is the negotiations around president biden's agenda. you said earlier on october 12th you were profoundly disappointed and disillusioned when the vote on the infrastructure bill was postponed. now it's postponed again. i wonder what you are now. >> my constituents have been waiting for members of congress to deliver to them better roads, a better commute to work, safe bridges, clean water, broadband for their children, all of these things. i am disappointed that my

colleagues, a small group, have decided they'll deny the american people much-needed investment for their own political purposes. outside of the belt way nobody understands that people are denying them -- >> they say they're pressing for more, for better. you say it's politics? >> we have to be as bold as the votes will bear. we have always needed to set better expectations about what the votes could bear given we have a 50/50 senate and a four-vote margin in the house. so we should take the incremental but substantial investments in infrastructure that we have in front of us. historic infrastructure investments into rail. historic infrastructure investments into public transit. there's so much good in this infrastructure bill and my constituents are waiting for us

to deliver for them. i wonder why my colleagues won't follow me in voting yes for this. >> congresswoman murphy, thank you. >> thanks for being we me. up next tucker carlson trying bipartisan backlash for planning to air a series loaded with lies about the deadly insurrection. also, a criminal complaint alleging a sex crime has been fouled against former new york governor andrew cuomo. what we're learning this evening. it's clinically proven, reduces inflammation and comes in original prescription strength. salonpas. it's good medicine. (jackie) i've made progress with my mental health. so when i started having unintentional body movements called tardive dyskinesia... i ignored them. but when the twitching and jerking in my face and hands affected my day to day... i finally had to say, 'it's not ok.' it was time to talk to my doctor about austedo.

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attempting to rewrite history around the january 6th insurrection, releasing a promo for a series that promises the truth about the insurrection, but it's filled with lies and includes a false assertion that it was a false flag operation instigated by the u.s. government. watch this.

♪ ♪ >> the domestic war on terror is here. it's coming after half of the country. >> the helicopter left afghanistan. now they've landed at home. >> the left is hunting the right. sticking them in prison, leaving them to rot. >> false flags have happened in this country. ♪ glory glory hallelujah ♪ >> one of which may have been january 6th. >> wow, bill crystal editor at large for the bull work. and juliette kiham, national security analyst. bill, let me begin with you.

as someone who worked with carlson, what do you make of this? >> it's appalling. he's been appalling for quite a while. this is another step down the road to giving up any pretense of not just reporting the news or analyzing the news. what he's doing is inciting violence, dealing in the most terrible conspiracy theories. claiming the u.s. government is waging a war on terror on american citizens. here's what i think about. i was thinking about it as i watched it again. would tucker carlson be upset if there was another january 6th? isn't this just an incitement to another january 6th? is that what tucker carlson wants? >> the imagery we showed in that clip, which is going to be a series. i just wonder from a national security perspective what it means to you? >> it's meant to create outrage.

the purpose of this is fueling anger and it's because tucker carlson and fox news -- remember, all the republican senators and congressmen willing to go on air and kiss his ring is inciting violence. one is to make violence and the threat of violence part of our democracy which is clearly is now. that goes to the voting rights purges, to the attacks on secretaries of state. the second reason is these mini january 6th -- whether it's about school board meetings about masking, violent protests at an nba game because one of the players isn't allowed to play or some of the protests surrounding vaccinations and some of the violence we see. he's creating mini january 6th to create violence because that's their -- that's the only way they win. that's their ammunition. that's their political strategy

now. that's why these prosecutions being done are so important. >> this is obviously, bill, coupled with the persistent and continuing big lie pushed by the president and so many others. you've got fox news owned by murdoch and his "wall street journal" editorial page that put out that lie-filled op-ed by trump. then defending it today with this statement saying we think it's news when an ex president, who may run in 2024 wrote what he did even if, especially if, his claims are bananas. how do you see it? >> fox news has played the role of the instigator of violence, conspiracy theories, creating anger and hatred among the american people. the wall stree"wall street joure

is to go along with that and say some of these things are bananas as if they're harmless fantasies he has. maybe he had some odd views. trump wants to overturn the next election. he wants to limit voting and create the predicate for a real overturning of democracy in this country. so the establishment enablers, the establishment excusers and minimizers of the damage, i think they have as much to answer for as the more rabid conspiracy theorists at fox news. >> reading what "the wall street journal" editorial board put out today there was a strong point by point fact check of the president's claims. they could have done that in tandem. if they're going to publish what the president says, they could

have done it in real time. big picture, what does this do to those who believe the lies? >> this is what is so outrageous about what "the wall street journal" did. to quote the president gives a fleece vest to this radicalization. that's what "the wall street journal" has done. you have to think about what radicalization is. you need your army. that's what tucker is doing. then you need people to forgive the army saying they're not that bad. this is a perfect storm we're seeing now. it's a shame that you don't have a strong political pushback from the radicalization that is going on. it's heading towards, whether it's the elections and you silence it, it's the di deplatforming. it's these lawsuits. it's also beginning to expose what the establishment is doing.

it's promoting violence as a voting -- as an essential part of voting. you see it in virginia, georgia, everywhere. violence and the threat of violence in particular against minorities who would assert their constitution al constitut part of the gop's plan. >> we're going to talk more about the virginia front in a moment. thank you, juliette and bill. next, the criminal complaint alleging a sex crime filed against former new york governor andrew cuomo. the republican running for virginia governor calling for supporters to monitor the polls on election day, next. ♪ she drives hands free... along the coast.

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remind your parents to pack an emergency supply kit. making a plan might feel like homework, but it will help you and your family stay safe during an emergency. new tonight a criminal complaint alleging a sex crime has been filed against former new york governor andrew cuomo. it's related to an incident that allegedly happened in the governor's mansion.

andrew cuomo has been summoned to appear in court on november 17th. m.j. has more on this. what more are we learning? >> reporter: this is a criminal complaint filed against andrew cuomo, the former governor for an incident that allegedly took place in december of 2020 inside the governor's mansion. the complaint says he forcibly placed his hand under the victim's blouse and touched her breast. the victim's name is redacted. now this complaint was filed by the albany sheriff's office. interestingly the d.a.'s office saying tonight in a statement they were actually surprised to see this filing. that just seems significant, the lack of coordination given it's up to the d.a. to decide whether to further pursue these charges. just to, poppy, take a step back you'll recall there were multiple women that made allegations against andrew cuomo. these were complaints that ended up detailed in the ag

investigation. he ultimately of course resigned. throughout that process he has maintained and denied these charges of sexual misconduct. we have heard again from cuomo's lawyer tonight. she said in a statement that cuomo never assaulted anyone and even went on to question the motives of the sheriff's office. now in terms of what is going to be next, you said it, november 17th that's the date the court has summoned him to appear. we expect that in those intervening weeks there will be other news. we'll be following those developments as they come in. >> m.j., thank you for that reporting. upfront now is jennifer rodgers. she's a former federal prosecutor. jennifer, this is is a misdemeanor complaint. it's not a felony complaint. still given that, what kind of legal trouble could the governor be facing? >> the fact that it's a

misdemeanor means he could only face up to one year in prison, less serious than a felony. it's still a bad day for the governor if the d.a. pushes forward with these charges. this is criminal. he could go to prison. this is not being pressured to resign or facing the threat of impeachment. this is his liberty at issue. it's a serious matter, but only up to one year in prison. >> now what happens november 17th when he appears in court? >> well, some of it depends on what the district attorney does. i was very surprised to hear there wasn't coordination between the sheriff and the d.a. i think that's highly unusual. if there is a formal charge filed, then the former governor will have to enter a plea and it will be assigned to a judge and they'll proceed with scheduling. discovery will happen and there will be a trial set. it depends on whether d.a. david

suarez is intent on proceeding or not. >> in august the new york attorney general issued the report detailing repeated incidents of sexual harassment by cuomo. he said he made mistakes, but denied all the serious allegations. do you think this is the tip of the iceberg? do you foresee more criminal complaints being filed? >> i really don't. this always was the incident that seemed to most clearly fit within a criminal statute. many of the episodes were really more about harassment or hostile work environment and not potentially criminal. this was always the most serious one. it's also the most recent one. some are beyond the statute of limitations. i don't expect this to open up a bunch of criminal problems for the governor. this could be enough trouble for him. >> could carry prison time. jennifer rodgers, thank you very much. next, the republican

candidate for governor in virginia's race calling for poll watchers. an election official from virginia is here to respond. our very own don lemon sits down with the yjurors from the derek chauvin trial. why they struggled to reach a verdict, you'll hear it all tonight. you're with amex platinum.

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inspiring hundreds of conservative poll watchers to flood to virginia. joining me is the fairfax county

registrar. thank you for being here. i know it's crazy busy especially now. you have youngkin calling on more people to come forward and make sure the vote is counted correctly. is there anything anyone should be worried about? >> absolutely not. there was no fraud in 2020 and this narrative that goes on that's kind of given fuel to this need to prove fraud or find fraud is really becoming kind of counter productive in and of itself. voters can have confidence that there never was fraud. there's not been systemic fraud in my lifetime, and it's a problem -- it's a search for a problem that doesn't exist. >> what are you seeing in your state? who is coming in?

who is wanting to service poll watchers? >> poll watchers are a tradition and a right granted to both political parties. both parties usually take advantage of it. we have seen the republican party groups represented portions of the republican party making it very aggressive effort to recruit and staff political observers at our polling places. that's what's out of the ordinary. >> former president trump continues to push lies about the election, election results across the country. listen to this. >> they found fraudulent votes. i think you have to rerun that race. nobody knows what's happening. >> you have a close race in virginia but it's not close if they cheat. >> he's putting it throughout f they cheat. you have republicans in your state who are also very worried about this. one being the gop chairman in

your county. that is steve knots who said the big lie is giving election integrity a bag wrap. i don't want people to conflat the big lie with election integrity. from what you're hearing on the ground, is that what you're seeing too much of? >> i really appreciate the comments of the party chairman here in fairfax county. that's not consistent with the folks that we are seeing that we are interacting with. when you keep repeating baseless claims of election frauds that that act itself becomes the fraud. the question is where is that line. >> how worried are you about all of this? >> i will say i'm prepared. our staff is prepared. we have prepared our election

workers. i'm not worried but we're just prepared. >> we appreciate you being with us tonight as you do all this prep work ahead of tuesday. thanks, again. >> my pleasure. thank you. cnn exclusive. don lemon speaks to jurors from the derek chauvin trial. what they had to say about watching the videos of george floyd over and over again. and f. you can always spot a first time gain flings user. (sfx: video game vehicle noises, horns beeping,) (engines revving, cars hitting one another.) (sfx: continued vehicle calamity.) just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking.

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tonight a cnn exclusive, jurors who found former minneapolis police officer derek chauvin are speaking out for first time in an exclusive lemo. they say it was not easy to reach a verdict or watch the horrific video over and over of the man who had his knee on floyd's neck for more than nine minutes. watch this. >> second charge where we spent most of our time. >> what happened? >> i think we did the same thing. a vote right away to do a temperature check. i believe it was either four or

five of us initially that said not guilty or undecided. that is when there was a split. i think we went through three or four different votes total before it got to all guilty. we spent a long time. that's where we -- this was, you know, for me, it was the first time i had ever seen the video was in that courtroom, the whole thing. i never -- i couldn't watch it before then. then we had to watch it over and over and over. >> the video? >> and i can't even manage what it was like for some of the other people in the room. it's traumatic. we actually had a discussion. there was one juror that said, let's not watch the video, just watch the video again. i can't stand anymore of it. >> chauvin was sentenced to nearly 23 years in prison. he plans to appeal the

conviction. you can watch that full exclusive interview with don lemon tonight. it's in about two hours on don lemon tonight, 10:00 eastern. thank you so much for joining us tonight. i'll see you tomorrow. ac 360 starts now. good evening, president biden is due to arrive in rome any minute. at least not yet. house democratic leaders pushing back a vote on an already senate bill. progressives refusing to support it until senate moderates sign offer on the build back belter social environmental legislation. one of those moderates joe man g manchin said it's the product of negotiations. i would hope all of us continue to deal in good faith and do what is right for the future of the american people. not a sign off but not a kiss off. just a few minutes ago, i spoke about the state of