general election in three years. >> i'll be back tomorrow morning, 11:00 a.m. eastern for cnn coverage of colin powell's funeral at the national cathedral in washington. i'll be reporting from the national cathedral. i'm wolf bliltzer in the situation room. "erin burnett outfront" starts right now. "outfront" next, nancy pelosi twisting arms for the national spending bill tonight. but there are major sticking points like what is actually in the bill? plus one state's investigation into trump over the trump investigation. and the fight to get 1 million people vaccinated. breaking news, they still don't have the votes. house speaker nancy pelosi pushing hard all day because she

wants a vote tonight, tonight on biden's $1.75 trillion spending bill. but it does not appear, as of now, that this is happening. it appears democrats still do not know what is in the bill. cnn is learning that democrats are at odds over major provisions like immigration and state tax deductions. pelosi is still twisting arms. here she is just a short time ago. >> do more work. we'll let you know. >> she sound frustrated and annoyed. look, this is a massive bill. it includes everything from clean energy to family leave. i mention that specifically because that's where one of the biggest problems lies. family leave has always been a problem in this bill. it's held up biden's agenda for months. first it was in, then it was out, now it's back in. here are speaker pelosi and senator joe manchin today. >> we would like to put on the table the family and medical

leave. >> i don't think it belongs in the bill. >> okay. that is why this vote on biden's sweeping spending bill may be a whole lot of smoke and mirrors, okay? if pelosi can figure out what's in it and get it to the house, it can pass the house. they can vote for family leave. they can do that knowing full well it cannot pass the senate in the same form. the reality is the progressives are pushing ahead with their wish list, and they're doing so so aggressively because they think, they believe, it is what everyone wants. >> i take a message from tuesday. it's time for action. the american people are saying get it done, so we're going to get it done. >> okay. there are, though, and this is important to consider, only 95 members in the house progressive caucus. those 95 members represent only about 20% of the united states population. put it another way. 80% of the u.s. population is not represented by progressives.

maybe democratic congresswoman abigail is right. maybe this spending bill isn't what americans want. she's in a swing district in virginia, so she's dealing with this head on right now. here's what she told the "new york times." she said no one elected him to be fdr, they elected him to be normal and stop the chaos. if she is right, then there is a reason this bill has been months of haggling and fighting and forcing, and that reason would be that because what progressives want may not be what the other 80% of americans want. phil mattingly is live outside the white house. i want to start there with melanie zanona on capitol hill. the speaker has been trying to get a vote tonight. as of now, we understand they still do not have the votes and they still debate over what's actually in the bill. is there any indication of what

you have that a massive bill could still happen? >> reporter: i'm sure there are a lot of reporters that want the answer to that question, and a lot of americans as well. what i can tell you is a vote right now is not imminent. sunny hoyer went on the floor a moment ago and said if there was a vote, they would get notice. he even sent them home for dinner. they don't have the votes right now. they're still airing out sticky points like immigration and taxes and some members want to see a full and official cost estimate, which they just don't have right now. but look, the whip operation has been in full effect today. speaker nancy pelosi was seen on the house floor working members, trying to twist some arms, trying to work her pelosi magic and leaders really want to wrap this up next week because the house will not be in session and members are supposed to go abroad to the climate conference. it looks like a vote tonight is

possible, but not likely. in fact, it's probably going to slip to tomorrow if not the weekend. >> as you point out w, when you still don't know what it's going to cost and what's in it, and you want to vote tonight, it doesn't sound good. i want to go to phil mattingly in front of the white house. phil, before the president left for his trip overseas last week, they wanted a vote. they were going to vote for bit par -- the bipartisan one and the one we're talking about now. he tried to push the vote through. that did not work. what is the response to someone like congresswoman spansberger saying, you weren't elected to do this, you were just elected to stop the chaos. >> that was the only thing they were elected to do. keep in mind the president laid out this agenda, a trillion dollars on the infrastructure side and on the the other side.

here's an interesting piece of what's transpired over the course of the day. president biden has been on the phone with various members in the house democratic caucus, not necessarily saying you have to vote yes tonight, but just making it clear when the time comes, he wants them to vote yes, he needs them to be with him. they leave the timing up to speaker pelosi, they're obviously in very close contact. but one of the members the president spoke to is congresswoman abigail spamberger. it's recognition that at this point in time it is moderate members of the democratic caucus, both the speakers' team and the white house team, are trying to reassure, trying to get on board and make sure the conditions are right to move forward. in fact, the president is seeing his negotiation teams on the hill meeting with democrats on one issue specifically, the revenue side of the bill. they brought in their own estimates, making it clear that

even though they added paid family leave into the proposal, the proposal would still be paid for, something moderate members of congress have been wary of over the last several days. what they're trying to do, basically, from the president on down is if the vote comes, make sure the members will be there. it doesn't seem like it will come tonight but that is the focus. >> thank you very much, phil. i want to go now to democratic congresswoman katherine clark. she is house speaker and a member of the democratic progressive caucus. when will there be a vote? >> we are working every minute of every day to get to yes on this vote. here's what i can tell you, erin. i am confident we are going to leave d.c. with a bill. because it is what the american people need. every call that i get, every time i'm out in my district, people are concerned about the

future. the pandemic has been a time of loss and challenge, and it has bred anxiety. as we see rising costs at the grocery store, at the gas pump, people want to know that they are seen and we are working for them. that is exactly what the build back better agenda does. we are going to reduce their taxes, reduce their costs and increase jobs in this country. that is worth fighting for, that is worth staying here and getting this job done. >> okay, so i quoted congresswoman abigail spanberger, you saw that yourself in the "new york times." she's a democrat, she's in the swing district in virginia. she's the first democrat to hold her seat since 1971. she came out and said no one elected biden to be fdr, they voted him to be normal and to stop the chaos. then senator manchin said this. >> we can't go too far left. this is not a center left or a left country.

we are a center, if anything a center right country that's being shown, and we ought to be able to recognize that. >> as i pointed out, right, the progressive caucus of which you are a member only represents 20% of the american population. are you worried that maybe you're misreading what the american people want? >> i can tell you that the build back better agenda came from president joe biden from the conversations that he had with americans. and i completely reject that these are somehow progressive or moderate or blue dog issues. these are issues that are keeping american families awake at night. these are the issues they talk about around their kitchen table. these are fundamental issues to getting people back to work. let's look at the september job numbers. since joe biden came into office, we have grown 5 million jobs.

unemployment is down below 5%. but for american women, in september alone, 300,000 more women left the labor force. why is that? it's because child care was on the brink going into the pandemic, and the pandemic broke the system. this isn't an issue for just rural america or suburban or urban america, this is an issue fundamental to how we rebuild our economy, how we make sure that every single person, every single woman sees a path to opportunity. so whether we're talking about home care so we can care for our aging parents, a situation that i had and so many families deal with, children at home and needing care for our parents. this bill provides a path for that. this bill is saying we see the health care costs, access to the aca was so critical in this pandemic and is critical to your

family's success. we are expanding the aca, reducing the cost of prescription drugs. these are fundamental issues to our economy and is doing it a disservice as a certain label of any particular caucus in congress. >> right. well, you know, as i point out that frustration is directed at your own party because they're the ones doing it on your more moderate wing. that brings me to the point that even if you pass this in the house, it can still be changed in the senate. senator joe manchin says he's still against some crucial things here, including paid leave. you could pass a version. they could pass nothing or pass a version that takes out all the things you want. do you settle for that? what happens here? are you positive this thing becomes law in some form? >> this is what we're going to do. we are going to pass a bill that does the most good for the most people that we can. because we know it's imperative.

and we know that americans sent us here to deliver for them, to put their priorities on the front burner here frlt, we're going to make this the very strongest bill that we can. we understand our hurdles yet to come. there may be improvements made to this bill in the senate. but this is our part of the process and we are going to make this bill responsive to our families that we serve at home. >> thank you very much. congressman clark, i appreciate your time tonight. >> thanks, aaron. >> next a federal judge supporting donald trump keeping hinz of documents from the subcommittee. what the judge said today and what it now means for that investigation. plus dramatic testimony from the trial of kyle rittenhouse, the teen convicted of killing.

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the election. there were notes with him that day and a draft speech of trump on january 6. the judge telling trump's legal team about the political team and he says, are you really saying that the president's notes, talking points, telephone conversations on january 6 have no relation to the matter on which congress is considering legislation? the january 6 riot happened in the capitol. that is literally congress' house. but then they called it enormously broad. our chief political analyst gloria borger and professor. are you saying these things are not relevant? of course they're relevant, this was literally an attack on the congress' house, but then they're saying the request is

enormously broad. it doesn't seem different from what she anticipated so far. >> as soon as they said alarmingly broad, she said even more alarmingly broad is your claim of executive privilege. we only have one president at a time. she also said it's quite alarming for you to ask these documents be withheld when you don't even explain what the harm is to the president of releasing them. she kept pressing mr. clark, who represented mr. trump. wha what's the harm to your client? and clark kept saying executive privilege. and she said, no, we're past that. we only have one president at a time. >> so if one is alarming and the other is alarmingly worse, it could go into favor here that congress has a right to all they requested? >> maybe they'll trim a few, like april 2020. she said maybe some of the political polls that were

involved then, maybe they don't have to be produced. but even though she could trim around the edges, congress is going to be told it's entitled to everything it wants. she's not going to stay her judgment, either, because mr. clark can't even assert harm to his client. >> gloria, we know some people around trump, what they were saying about the insurrection. we also know everything awful we found out came from contemporaneous notes. in this case this is what they want. they don't have those yet. but we do have some public statements from some of the individuals around trump on that day and days prior to the insurrection. here's john eastman right before the riot when he said mike pence could go ahead and refuse to even seat the electors from states biden won and replace them with trump guys. >> those slates are invalid. i think the vice president,

presiding over the joint session, would at least agree that because those ongoing contests have not been resolved, we can't count those electors. >> if you said it publicly, there's nothing private to hide. and there's obviously more that's alarming about the coordination. >> i think what you'll learn if the committee gets these documents, it's usually significant, because what you learn is what trump was saying to these people. you will see drafts of things that maybe never went out that trump said, do this, do that, and maybe some people took some notes and said, the president wants this, the president wants that, and maybe that never happened. we know that, according to the archivist, it's notes of the white house chief of staff, of the press secretary, of a white house lawyer. and i'm reminded of the mueller

investigation because during that time, according to mueller, the president said to don mcgahn, why are you taking notes? i hate lawyers who take notes. lawyers don't take notes. my lawyers never took notes. well, in fact, his lawyers did take notes, and those are the things that are going to be really revealing about the president's state of mind, what he was directing people to do at the time. >> he's amazing. someone like michael cohen may say, okay, i didn't take notes but i recorded it. professor tribe, if the judge rules against trump, this could be a pivotal moment. what is the authority of a former president? what is the authority of the house's right to investigate? what is the historic precedence that this ruling could have? >> it could make absolutely clear, as many of us have argued all along, that it is the current president who has to

weigh the importance of confidentiality and advice to the president against public need to know. it is also going to establish firmly that congress doesn't have to draft its statutes in advance of getting the information. one of the things that was amazing today was the idea that mr. clark was saying, we don't know what laws they'll pass. of course they don't. they haven't gotten the evidence yet. he also was suggesting that claims of privilege can drag out for years because every single document has to be reviewed individually by the judge, and she wasn't having any of it. she said, we're not going to drag this out. i'm going to rule expeditiously. we don't have to rule document by document. that's important, because it means that the country will not be completely at the mercy of people planning a coup and an insurrection. >> so, gloria, we often have focus, appropriately so, on the people trying to stonewall the committee and the former

president, steve bannon. it is important in this context. liz cheney, the co-chair of the committee, said the committee has already interviewed 150 people. which i think may surprise some people. you hear about bannon and the people who don't want to come there. most of these behind closed doors. but she's saying 150 people. are they getting anywhere? >> i mean, that's a hard question to answer, but i was talking to a source familiar with what the committee is doing who said to me, look, you have to pay attention to the people, not the bright, shiny objects, necessarily, but the people whose names are not familiar to you, because maybe they were witnesses to things. maybe they're coming in voluntarily. maybe they heard what donald trump was saying, but they were kind of up against a wall somewhere and not sitting with

the president front and center. so i think the committee is trying to reach those people, and then like a circle get the folks on the outside and go to the folks on the inside. and i think they're just doing their reporting, erin, as we would do reporting a story, trying to figure out who said what when, especially what donald trump said and when he said it. >> all right, professor tribe, gloria, thank you both very much. tomorrow night on cnn, don't miss a special report with jake tapper "trumping democracy: an american coup." that is at 9:00 with my friend jake. next, potential legal troubles for trump. a georgia attorney now looking into whether the former president committed a crime by trying to overturn the state's election. we're learning new details of a disturbing joke that got a juror removed from the trial of kyle rittenhouse.

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they violated texas voting laws. this comes as georgia is learning donald trump's investigation into election claims is now expanding. sara murray is out front. >> reporter: as donald trump fired off a september letter demanding raffensperger defy the election, they took notice. the fulton county district told staffers she wanted that letter, the original copy, envelope and all formal her investigation, according to a person familiar. while trump continues to bell low about 2020 and inserts himself into peach day politics, his public rants are bringing new fodder to elections as they discuss whether his actions were criminal. in front of georgia candidates,

trump took the stage in front of an adoring crowd. >> we want to call this special election, and i think the governor is the only one who can call it, right? >> we spoke to governor kemp. he will not do anything on election integrity. i said, let me handle it, this is easy. >> reporter: investigators took note of the way trump went to pressure camp, all in trump's own words. >> i said, brian, you have a big election integrity problem in georgia. i hope you can help us out and call a special election. >> reporter: kemp refused. newly public evidence like trump's letter, a book by raffensperger and newly released testimony from a panel investigating trump's efforts to overturn the election are helping to provide a road map for his investigation. he said he felt like trump was

threatening him when trump accused him of covering up corrupt ballots. >> you know, that's a criminal offense. you can't let that happen. that's a big risk to you and to ryan, your lawyer. that's a big risk. >> reporter: now president trump is using what he believes is the power of his position to threaten ryan and me with prosecution if we don't do what he wants us to do, raffensperger writes. >> i felt he could have some pressure to bear from outside forces to make our lives miserable. >> what's it like to them if they choose to ruin brad raffensperger's life. >> they didn't care about that. i'll respect the law. i'll be there to give my vision of my opinion or my comments of what i saw. >> reporter: the 2020 midterms could offer new headaches for investigators and witnesses alike. >> i think that a prosecutor's job is to not be political, but i don't think you can divorce

yourself from political reality. and we all know what the calendar is. >> reporter: raffensperger is facing a primary challenge from heiss. and kemp has been silent by trump's efforts to open the election and sign a strict voting law as he tries to shore up his standing with the gop base. republicans in george say the trump investigation into his own party equal one giant headache. they said all relevant information made public by witnesses themselves is part of the ongoing investigation. >> sara, thank you very much for that reporting. i want to bring in now richard

baron who just says he's resigning from the role of elections. someone said they would shoot you, others suggested being hung. did this just bring it to a point where you decided these threats are just too much, the job is not worth that anymore? >> well, i had to think about my daughter. she gets nervous just when i take the dog outside, and she wants the windows closed in my bedroom, the shades. so those are some of the things that i had to consider among other things when i made this decision to resign. >> i mean, that's pretty incredible, right? you go into this to be an elections official and now your -- you've got your daughter

facing fears because of your job. as an elections official, that is just stunning. >> yeah, and i think it's come tie to a point, too, where we have a number of people out there -- there are a significant number of elected officials out there who seem to want to follow their base rather than lead them, and i think they could put a stop to a lot of this. but i think they are -- they're behaving cowardly by hiding behind these constituents, and i think what they need to do is get out in front, show some bravery and lead them, because if we don't have faith in our elections, then we're going to go down the path of the third world mentality, and that's dangerous for our country. >> dangerous and tragic. of course, you faced criticism during your tenure over elections in fulton county. one who is criticized you, of course, is secretary of the state brad raffensperger. i spoke to him last night.

we talked about the pressure he's felt from president trump about overturning the election. here's one specific thing he told me. >> at the end of the day, wade fair election and i walked that line of integrity to make sure we would. i stayed the gap and i was not going to come off the truth. the truth is president trump came up short. >> you and secretary raffensperger are on the same page. now you're stepping down. he's running in an election against a trump ally, election officials who follow and don't lead, who will say there was fraud in george's election. how worried are you that people with those views end up being in charge of running our elections because either people like secretary raffensperger lose or people like you resign? >> i'll give secretary raffensperger all the credit in the world for what he did standing up to the former president, because that did take courage to do that.

i think when it comes to what he feels happening in fulton county, though, especially when he talks locally, he talks a different game, and i think he's decided it works for him to make us his adversary, but he did, along with brian germany, his counsel, stand up to him, and that is the courage we need in election officials. >> are you worried, though, with all these new election officials running, trump has spent a lot of time, and his lawyers, putting people up they believe put out the false election theme, that we could see a real shift in who runs elections? >> that is a fear, and i think -- people are going to have to really think about who they want to vote for for either secretary of state or who they want in place running the

counties. because the counties essentially are the ones that run all of the elections. some states they have people that run by party. i think all county election positions should be nonpartisan, first of all, because you can't be a partisan and run an elections office. you have to worry about all of the voters. >> right. well, you're right about that. i hope this is a warning sign for many to hear what's happened to you. richard, i appreciate taking your time to speak to me again. thank you so much. >> you're welcome. the next pivotal testimony in the case of kyle rittenhouse. what one witness revealed that could tip the case of the defense. plus the president setting a deadline tonight for 100 million americans to get vaccinated.

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tonight emotional and graphic testimony in the trial of kyle rittenhouse who was shot

by three people in d.c. rittenhouse said he saw an unarmed man. >> tonight the prosecution in the trial of kyle rittenhouse focusing on written testimony and graphic video moments after joseph roserosenbaum was shot, following days of unrest in kenosha, wisconsin in 2020. >> he was lying behind a car, and i knew the shots were fired at such close range that he had to have been hit, that given the weapon there had to be big wounds. >> reporter: he worked for a conservative newspaper "the daily caller" was nearby when rittenhouse was shot by

rosenbaum. >> i knew it was likely something dangerous was going to happen, with mr. rosenbaum grabbing it, mr. rittenhouse shooting it. i didn't know, but my eyes at this exact moment were fixated on the barrel of the weapon because i didn't want to end up on the receiving end of that. >> reporter: grainy fbi video showed what happened at the scene. >> when rosenbaum lunged, rittenhouse moved around and that's when it was leveled on ritte rittenhouse. there were four shots. >> reporter: it led up to a consultation that night as shots were fired. mcguinness on the stand appearing emotional, at times looking away. >> is it hard for you to see that? >> i certainly don't like to watch it.

>> reporter: during cross examination, rittenhouse's attorney also zeroing in on the moment of the shooting. >> it appeared he was lunging for the front portion of the weapon? >> ehe was going for the barrel of the gun. >> correct. >> i thi i think it was clear to me he was reaching for the weapon because that's where he went. his bicep was effectively gone. there was just a lot of blood. >> reporter: rittenhouse charged with felony homicide in the killings of joseph rosenbaum and anthony stewart is also charged with other charges. he is pleading not guilty. the defense says he was acting in self-defense. and, erin, the judge here dismissing one of the jurors from the case after it was revealed that he asked a sheriff's deputy here at the courthouse, jokingly, why did it

take seven shots to shoot jacob blake. of course, jacob blake is the man who was shot by police here. the judge said there was an appearance of bias and he was removing him from the case. >> thank you very much, simone. i want to go now to stephanie rawlings-blake. she is a former defense attorney and also the former mayor of baltimore during the freddie gray trial. ms. rawlings-blake, he appeared to run at rittenhouse and try to grab the gun before being shot. obviously that's a layer of detail here that is new. was this a win for the defense, and if so, how significant? >> i think it's very significant for the defense that someone, even though i think it was clear in the previous reporting, that this person may have a bias as he is a very conservative reporter, but he came off credible in his testimony.

i definitely think, all things considered, this would be a win for the defense, that testimony today. >> so let me ask you about the other thing shimon was talking about the juror who was dismissed because he was ask the judge about the shooting of jacob blake. the judge said, that had nothing to do with the case and he dismissed him, anyway. was that the right call and did you read anything into that? >> it definitely was the right call. the fact is the joke wasn't why did it take him seven times to shoot him, it was why did it take seven shots until he was killed, and the juror said because they ran out of bullets. it really just shows the lack of empathy in this juror. that's the type of juror that is soo callous with the loss of lie

that i don't think it's good fire jury that has so much responsibility. >> thank you very much. i appreciate you as always. >> thanks. next, breaking news. we are learning a white house official who was traveling with president biden on his overseas trip has tested positive for covid. plus he only spent $153 on his campaign, nearly half of it on dunkin' donuts. yet this man may have just defeated the most powerful lawmaker in the state of new jersey. aims to help diagnose disease earlier. but why stop there? when we can apply our expertise in cell biology and specialized technologies to help make vital vaccines and treatments available to all. we'll never stop innovating for a healthier world. fujifilm value from innovation your eyes. beautiful on the outside, but if you have diabetes, there can be some not-so-pretty stuff going on, on the inside.

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once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. (judith) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? don't you just ride the wave? (judith) no - we actively manage client portfolios based on

our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different. we're learning that an aide traveling with president biden tested positive for covid this week. the aide, who they are are not identifying out of privacy concerns, didn't have contact with the president, doesn't currently have symptoms, but the vaccine rules of more than 100 employees goes into effect january 4. that rule says 100 million

americans have to get two doses of moderna or pfizer vaccine or a dose of johnson & johnson. doctor, we've seen now in the public sector with police, fire departments, all sorts of battles going on about these mandates, but these have impacted vaccination rates. with employees of 100 or more, how much impact do you think this will be on the still unvaccinated? >> i think it's going to be big. there are still about 50 million adults in this country who have chosen not to be vaccinated. and what we've learned from our initial experience with vaccine mandates, that they work. since august the number of private companies that have instituted vaccine mandates have basically doubled in the united states. and companies are adopting these man d

mandates because they're pro business. the more your workers stay well, the more productive they are. i think this has the potential to be a game changer and allow us to get even closer to 90% adults, which would be a big deal. >> i want to ask you about a related story here. the green bay packers quarterback aaron rodgers. he's going to be out of sunday's game because of covid rules. the team wouldn't confirm if he tested positive for the virus but espn reported to me that they did and they reported that r rodgers is unvaccinated. this is a big deal because rodgers was asked if he received the covid-19 vaccine like he was supposed to have, and here's how he answered that question. >> are you vaccinated and what is your stance of vaccinations? >> yeah, i'm immunized. >> well, what's the right penalty for that? i mean, it appears to be a lie. >> i think he's really put his teammates at risk.

i spent all day today doing procedures with my teammates. and we are all vaccinated because we care about not just ourselves, but we care about each other. so what aaron rodgers has shown through his selfishness is that he just put himself first in a misguided way. if he really put himself first, he would have been vaccinated. in doing so, he put his teammates at risk. what i would say is that if he really was anti-vaxx, he should have had the courage to stand up and say, i'm not getting vacc vaccinated, but yet he lied to his teammates, he lied to the public. what a disappointing performance. he may have a great arm, but he appears to be just another anti-vaxxer. >> it's really upsetting to hear it.

dr. reiner, thank you very much. people here who lie, they were terminated. now texas is poised to seat one of the most powerful democrats. who is he?

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it may be the single biggest upset of the 2020 election and that's saying something. this man, who happens to be a truck driver, plans to take down the republican senator of new jersey. never been in politics before. he leads the vote with 2,000 votes. if he wins, it would be a remarkable upset for a man who never held public office. he raised $10,000 and reported he only spent 153 on his campaign, nearly half of that at dunkin' donuts. and what's he going to do if he

is declared the winner? >> as far as me personally, i'm going to take it all in. i'm going to try to continue to learn and absorb, but i am definitely going to be a voice for the people. >> sweeney, who spent 11 years in office, said he will not concede until the final votes come in. thanks for joining us. " "ac 360" starts right now. two days after a punishing election made even more punishing perhaps by democratic perceived dysfunction, party voters appear close to a vote, first on the build back better spending bill and tomorrow on bit partisan infrastructure bill. that said, house speaker pelosi wanted at least the first part done by now, but it is still in flux. she's famous of not bringing votes to the floor