as we're coming on the air this afternoon, new signals democrats may, may be closer to trying to hash out their differences on that big social spending bill. at least that's what they're saying. speaker pelosi just out with a letter to lawmakers setting up a key committee hearing for tomorrow and saying her conference is close to an agreement where she says there is progress and where there is not. then on the senate side, you have leader chuck schumer this morning saying an agreement is within arm's length, maybe we'd even get there by the end of the day. the white house sending top staffers to the hill to meet with the senator of negotiations joe manchin and kyrsten sinema. still hoping for a breakthrough before he heads overseas tomorrow. >> is getting a deal by tomorrow

still realistic? >> yes. we'll see. just ahead, we're one-on-one live with the chair of the progressive caucus for her take on negotiations including how they might pay for it all. do not miss that. i'm hallie jackson here in washington. leeann caldwell on the hill and anna palmer and msnbc contributor. so, leigh ann, seems like in the last hour lots of developments and some of them significant. talk to us about them and the status update we just got from the speaker. >> yeah, hallie, these leaders and the president and the white house are working extremely hard to try to seal this deal. they're not there yet. but speaker pelosi promised this morning that she would give a status update to her members and we just got that status update in the form of a letter to her democratic colleagues. and she outlined some of the places where there have been

challenges over the past few days, including on this issue of medicaid expansion for the 12 republican states that never expanded medicaid. she says there has been a lot of progress on that and they feel good where they are. in addition, she says that some of the climate propoproposals, of contention over those because of senator joe manchin says a lot of progress there, as well. she does say, though, that they're still fighting on this issue of paid family leave. that is something that looks like it's going to be dropped from this legislation but advocates are fighting extremely hard to try to come up with some proposal that, once again, appeases senator joe manchin and then there's, of course, the ways to pay for it. there's a brand-new billionaire tax on corporations that democrats seem to like a lot and then there's the billionaire tax on individuals that some democrats have a lot of questions on and that one seems to be in trouble. so, how do you make up the money

for that if that is not in the legislation. so, there's still some very strong questions on how to get through all of these. still, though, leader schumer is expressing a lot of optimism. this is what he said earlier today. >> an agreement is within arm's length and we are hopeful that we can come to a framework agreement by the end of today. >> we're not doing everything today. we're not going to have a complete -- the senate is going to take time. you think it's going to happen today in the senate. we're basically trying to agree to framework. >> so, as you can see senator manchin has a little bit different of an opinion on how much progress they have made. of course, senator manchin is critical in these negotiations and so is kyrsten sinema of arizona. we tried to ask her why she has some of the positions she has but, once again, she failed to answer any of our questions, hallie. >> let's talk, monica, about the expectation management piece of this from the white house who seems to be dialing back

expectations but we did hear from the press secretary it is realistic that maybe you get to a deal by tomorrow. >> the white house downplaying expectations exactly while leaving the door open for some kind of legislative miracle here in the next 18 hours or so before the president departs. so, i guess it's whatever your definition is of at arm's length. depending on how long that arm is the president and the white house still aware that they're going to have to be very intently focused on negotiations before he's wheels up tomorrow. but quite notably in exchange with our own kristen welker a little flexibility in his wheels up time and maybe it could get pushed a couple hours tomorrow, if they feel the president's physical presence here in washington is something that is still needed in order to inch closer to an agreement. as leigh ann just spelled out all the massive pillars and questions are still unresolved on how to pay for it and on what

stays in and what goes. the white house you're not saying we're going to be able to solve all of that overnight. it seems more like if anything by tomorrow morning, they're hopeful they could say we have a hand shake agreement on what we believe are some of the biggest outstanding issues. but the window of action is really shrinking here to just near hours before the president does leave for italy and scotland. i will note, though, hallie, he hasn't had much on his schedule today and the white house not ruling out any last-minute invites to lawmakers. last night senators manchin and sinema were here and is that something that could happen tonight? earlier they said they didn't want to rule out a trip to the hill. that does not seem at all imminent this afternoon for the president at this time, hallie. >> monica described it as the potential for a legislative miracle, right. are they going to get one? what are your sources telling you? >> yeah, i mean, i think it's really up in the air at this point. everybody in the leadership is trying to have this very

positive body language and signaling that they are making real progress. but i think the thing to throw a little cold water on here is that even if they're able to get some of this framework together and that is a big if on medicare and medicaid. the bigger thing is the legislative text which we have no indication that they are really close on. and if that's the case, you already heard from several progressives including alexandria and other members of the caucus saying they want legislative text. this kind of comes as this push/pull with the speaker trying to pull this hearing and not calling it a mark up. tomorrow they're going to call it a hearing at the rules committee. she wants to force this bipartisan infrastructure vote by october 31st. so these kind of dual bills happening in tandem but a framework isn't enough and at this point i don't see how they'll get it in time for the

october 31st deadline. >> can you briefly, anna, mention that leigh ann mentioned on the billionaire's tax. had some momentum and has that momentum gone away? >> yeah, we reported this afternoon in punchbowl news midday that it's basically all but dead. as much of some of the corporate billionaire tax seems to have a wide swath and individual tax is one that senator joe manchin has been very skeptical of and as we continue this process, you know, really it comes down to one vote in the senate and we kind of have thumbs up or thumbs down from joe manchin or kyrsten sinema and that's what is determining what is in or not part of this package. >> anna and leigh ann, i'll ask you two to stay with us. monica, thank you so much. i know we'll see you on the air again soon. we appreciate it. i want to bring in one of the key players we've been talking about her in the

negotiations. pranila jayapal back on the show for us this afternoon. congressman, it couldn't come at a more fascinating time. thanks for being on. >> you bet. nice to see you. >> thank you. so, you told the "washington post" i understand today that what you want are these two bills, right, the traditional bipartisan infrastructure bill and the broader social spending bill moving at the same time. is that going to happen tonight or tomorrow morning? >> well, hallie, i don't know. i doubt it because we have to get all the text written. the speaker has said that 90% of the build back better act is done and we're just waiting on the final agreement from the two senators, you know, who haven't agreed on everything yet and we need them. we're waiting on them and hopefully we can get that done fast and then hopefully we can get the 10% of the legislative language done fast. but i don't think that can happen in a day. that said, i want to just say

that, you know, i think that the president has done an important job of trying to bring everyone together with very slim margins. what we are emerging with, even with all the details not set yet, is going to be transformational. we're going to have an over half a trillion dollar investment into the care economy that is universal child care and pre-k and home and community-based care and we're still working on paid leave. that one looks tenuous, i won't lie. it looks difficult and it breaks my heart because i had a baby and i know what that takes and i know there are women across the country that know what it means to have paid leave. three of our four major priorities in the care economy and hopefully we can get something on paid leave. we will have the biggest investment in housing, hallie, since the new deal. really significant investment in housing. depending on what the climate provisions are and i want to put a caveat on this because members

are worried about what exactly this looks like. not enough just to say we're spending over half a trillion dollars on climate, what is it going to and how is it going to reduce emissions? that could be absolutely significant. the thing that the president really needs, frankly, to take not the bipartisan bill but this investment in the build back better act. and then, of course, we're still waiting on all the health care provisions and medicare expansion, as you know, are really important to our members. all of this is transformative and we really feel that had the progressive caucus not stood up and held the line, hallie, on really delivering the entirety of the president's agenda to his desk, we would not even be where we are today. there are more negotiations that happened from the two senators in the last couple weeks than we had in several months. >> i want to ask you more about negotiations. i want to just clarify. you mentioned paid family leave. is that all but out of this bill at this point, or do you still

think there is a chance you get something in? realistically? >> look, i don't know. i spoke to senator manchin last week about it and it's not something that he is supportive of. i don't want to speak for him. i will let him speak for himself. but i think this has been a challenge for us and particularly as women we all know what paid family leave means. there's only six countries in the world, hallie, that don't have paid family leave. it is really frustrating but we have a 50/50 senate. that is just the reality of it. >> you mention the climate investment. is it accurate that roughly half a trillion will be spent on climate investment. is that the latest status based on your knowledge? >> i'm hoping that that is where we'll be at because as you know there was 150 billion that was for clean electricity performance plan. that performance plan is not something that senator manchin could live with. we're looking at different ways to still bring down carbon emissions using that same money.

so, i believe that we will have, you know, half a trillion dollar investment into climate that will be really significant as long as it goes to the right thing. we're working on it. >> let me just confirm one other piece of reporting that we just talked about before you joined us the billionaire tax that was proposed, being discussed. it seems and there is reporting that is out and that is dead. is that right? >> i'm not sure that is the case. you know, i think reporting is sometimes not completely accurate and maybe just based on what somebody says in a particular moment, but as you know these discussions kind of go on. so, i do believe at the end of the day whatever the case is, we will have enough revenue to pay that will be about fixing this rigged system and making it just a little bit more fair for regular folks, if we get the wealthiest individuals and the wealthiest corporations to pay their fair share. >> i want to say it here on the record. you need legislative text.

for you framework is not enough. >> well, we need, we want to pass both bills in the house at the same time. and so we need the legislative text to do that and, again, if we're 90% there it shouldn't take very long and we should pass both bills in a short order once we have the agreement. now if the president wants us to have a big press conference and let's say they were to decide on an agreement in the next three hours and the president came to me and said, listen, can you endorse this agreement in principle and just stand with me at a press conference with senator manchin and sinema and whoever he wants. assuming we like the deal, we would do that. but in order to pass the infrastructure bill, we do need to have both the infrastructure bill and the build back better bill going at the same time because, again, hallie, remember, it took three months to go from a framework on the infrastructure bill to actual

legislative text. i don't want to have any misunderstandings. i don't want either of the senators think they agreed to something and find out it was different and i want to be respectful of everybody including our members who feel like they are committing to something and be very clear this is the deal that all of us are agreeing to. >> what you just said i think was really interesting congresswoman because it got to the point of one of the questions i had for you. if the president did come to you and say, hey, stand with me. if he were to visit the hill tonight or tomorrow before he leaves and say, i need you. i need this. how much would you take that into consideration? it sounds like you would if an agreement is in place. i want to make sure i'm understanding that correctly because there are those who say send president biden overseas with a win. do that for him. >> there is nothing i want more than to stand with the president and everybody and say we have an agreement. nothing. really. i mean, i have had the

president's back for months now and he and i have just, i have so much respect for him and what he's been doing and how he's been negotiating in a time when he really has no, he has no leeway. he's only got 50 senators and he's got only three additional votes in the house. so, if he wanted us to, if he said to us we've got this agreement. we've got everybody onboard, will you endorse it in principle so that i can talk about it assuming that the deal is good. you know, we have to see the deal. assuming that is good. nothing that would make me happier than to stand next to the president in the rose garden and say we reached an agreement in principle and the president has been an absolutely critical part of negotiating this deal and let's remember that even though it's less than what we all originally wanted, it was the president's vision. and he had to back off of it because he doesn't have the votes in the senate. we don't have the votes in the senate. we all understand that. we're all mature adults.

but what we are not is, you know, we're not going to be fools in just saying, look, we're sure that we can go from a framework to legislative text. i know capitol hill too much. there's too many misunderstandings that happen and too many delays that happen. if we are 90% there on the legislative text, then let's finish the 10%, shouldn't take long. just a couple of days and we can get both bills done. but the big problem right now, hallie, we still don't have that full agreement. i'm highly confident we can get there. i'm energized by the fact that we're close and let's see the agreement first and then, yes, i would absolutely stand with the president and say and salute his leadership and say, you know, we're so proud of you, mr. president. go to cop with this agreement and principle and let us finish drafting the bills and we'll get them passed next week. >> i'm out of time but i want to sneak in a couple questions for you. when was the last time you and

president biden spoke? >> i haven't spoken to him since last week when i was in the white house. i had a couple of meetings with him including one in person and, of course, it's always an incredible opportunity to sit with the president. >> if house speaker pelosi decides to move forward, let's say, with this vote on the traditional bipartisan infrastructure bill, i have a question on the unity of your caucus or the progressive caucus here. how many house progressives do you anticipate would vote no on that and vote down that bill if you do not have legislative texts on this the broader spending bill. what is that number at now? >> the president, excuse me, the speaker, the speaker never bills a bring to the floor that she knows is going to fail. number one. as you know, i'm an excellent vote counter and i don't, i don't, i never lie about my votes. so, we have dozens and i haven't made my way all the way through the list. i'm literally calling every person to make sure that i understand where they are. not to convince them of anything. just to understand where they are. and we have dozens of members

already. i think we're up to over 40 that do not, that really believe we need to vote both of these bills through. but what i have managed to do is get people to agree even though some really don't want to that we will take, you know, take the president's word and take the senator's word that the senate will pass the same bill without any changes in the senate. so, at this point, we're just saying we need both bills to pass the house and we need everybody to agree that this is the agreement that is going to pass the senate, not change through vote-a-ramma and this is what we're all agreeing to. >> congresswoman pranila jayapal. thank you for being with us. we hope to have you back and watch how the next couple days unfold. i want to quickly bring back in here leigh ann. check me here how tonight or tomorrow morning, you know, short of what we talked about a

legislative miracle something happens here to get both, to satisfy the demand of both the moderates and progressives here. anna, let me start with you. your take. >> i think interesting her language positive and very complimentary of president joe biden. >> lots of praise for the president. >> in line with that in terms of wanting to make sure she was being supportive. i think you're straight on in terms of the fact that the progressives have the numbers. she said 40 progressives said they're not going to support the bipartisan bill without infrastructure text and that is dead upon arrival in the house. but i do think what was interesting and i'll send it back to you is the point that if they do all the framework she was willing to give him a win and not vote for something, but let him go across with the win which i think is significant. >> leigh ann. >> same, i think the biggest

take away from that is that progressives have already conceded a lot. this bill was $3.5 trillion. it is going to be under $2 trillion. still progressives are not fighting the fact that it is a smaller bill. like you said, we heard her praise the actual legislation which is significant. i was concerned that perhaps it would start to fall off supporting this legislation because of how small it is getting. the one thing they're not conceding is legislaive texts and just a solid firm agreement that this has to be done before they also vote on the bipartisan bill, hallie. >> leigh ann and anna. i'm glad to have you here today and something else extremely quickly something near and dear to all of our hearts. the congressional women's softball game. leigh ann, you're in it. >> i am in it. i am not the star, but i am a player. we play against members of congress and it's all for

cancer, breast cancer fund-raiser. go press, we will win once again. >> great players and great coaches, too. thank you, ladies. i appreciate you being with us. coming up, a lot more to get to here on the show. in addition to what we are seeing unfolding on capitol hill. you have officials giving a major update on the deadly shooting on the set of "rust." what they're saying what seem to be live rounds, that's plural, next. new terror threat developing inside afghanistan. officials warning isis-k might be able to attack the u.s. within months. we have our richard engel coming up live. equally distributes talent, but it doesn't equally distribute opportunity, and paths are not always the same. - i'm so proud of you dad. - [man] i will tell you this, southern new hampshire university can change the whole trajectory of your life. (uplifting music)

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investigators today saying no one, including alec baldwin, has been ruled out as they consider possible charges. the film cinematographer was killed while baldwin was rehearsing with the gun. baldwin has called it a tragic accident. here's how the sheriff described what happened. >> i think the facts are clear. a weapon was handed to baldwin. the weapon was functional and fired a live round killing mrs. hutchens. >> live in santa fe with more. yasmin, a lot of people wondering what would the sheriff say. what would we hear at this news conference and where does it go from here. there's still some questions. >> yeah, i think one of the questions that we had going into this news conference was

answered basically in that there was a live round used. that is what killed helena hutchins last thursday. the other question still unanswered how did that happen? why did that happen? who is responsible? is it alec baldwin? is it the armorest and is it the assistant director? the investigation is going to take a long time. it is going to be thorough. a lot of witnesses that they need to interview to understand whether civil and criminal charges are plausible here. are the right track forward. we also obtained a search warrant here at nbc news that was issued at santa fe county court earlier today talking with the affidavit of an interview about what happened that day. she checked the gun before lunch

for rounds. the ammo, the ammunition was left on its own outside the prop truck unguarded after lunch when they returned for that rehearsal when that tragedy took place. the gun was taken out of the prop truck by amy zachary. it was handed to the armoror who then subsequently handed it to the assistant director, dave halls, who then gave it to alec baldwin and called cold gun. here's what dave hall said. i checked the barrel for obstructions, most of the time there's no live fire. she, hannah, opened the hatch and spins the drum and i say, cold gun on set. david advised when hannah showed him the firearm before continuing rehearsal he could only remember seeing three rounds. he advised and this is important, hallie, he should have checked all of them and did not and could not recall if she

spun the drum. and, also, hannah gutierrez at one point went on to say when asked about live ammo on set she responded with, no live ammo is ever kept on set. which, hallie, is perplexing because we heard in this investigation today that it was a live round that killed the cinematographer and actually more live rounds were found and collected for this investigation on the set. so, still a lot of questions that need to be answered as this investigation is ongoing. >> what about quickly before i let you go, the idea of potential arrests here because, right, officials mentioned arrests with an s on the end, plural, which is a big difference from what we saw in that last horrific shooting where there were so many errors on set that they couldn't fully point the finger. >> that's such a good point and i was talking about this in the last hour on what happened with brandon lee. one reason arrests were not made

is because there were so many errors that they couldn't point the finger at one specific person. but here the district attorney says, listen, it's wide open. anything is possible here. but she cautions this is going to be a very thorough investigation. and again i'll say, there were a lot of witnesses on this set. a lot of events leading up to actually what took place and that tragedy and so many steps that may or may not have been missed. does alec baldwin have culpability here and armorist have culpability. when we talk about arrest or arrests it is a wait and see. whether a lot of people were involved in criminal negligence or nobody at all and it was a really grave mistake. this thing developing and hoping to get some more answers. >> that's for sure. yasmin, thank you so much. next up, we're staying out west and take you to arizona where voters have a lot to say about the spotlight on this member of the senate, senator

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medical or dental procedures and any kidney or liver problems. help protect yourself from another dvt or pe. ask your doctor about xarelto®. to learn more about cost, visit xarelto.com or call 1-888-xarelto update for you now on what's happening over at the white house. that building, obviously, on the left of your screen. senator bernie sanders is there meeting with the president. one of many meetings at the

white house today as president biden works to coalesce his party around the budget bills critical to his agenda. we've been talking to them on the broadcast. kyrsten sinema was at the white house earlier talking negotiations. president biden's team and senator joe manchin before she attended a bipartisan lunch. sinema along with manchin the two major holdouts for this discussion around the spending packages. they are racing to get a proposal together that satisfies what she and joe manchin want to get the 50 votes they need across the finish line. holding out against party pressure and what do her constituents think about this. good thing we have cal perry on the ground in phoenix with this. you have been talking to folks and doing a bunch of reporting on this. nationally there are democrats that look at kyrsten sinema and say, wait a minute, how could she not back some of this stuff? in arizona it is a bit of a different story. >> it is. look, this is a state where we

see close, contested. liberals want to move to the left and conservative its to the right and sinema puts herself in the middle. in talking to her constituents the one thing we have been hearing over and over again is the way she is going about it and the way people have an issue with. people on both sides of the political spectrum. she's not talking to the media and she's not holding meetings. we did hear her talk briefly to cameras but one of those generic things are moving along and moving forward type comments. i want you to listen to two constituents here. >> i do support the independent thinking and not falling to pressure. i don't know that i trust her. from what i have heard and what i have read, she is being independent in her negotiations and what she's doing.

she's not falling to the pressure of the democratic party. to goalong to get along. >> i feel betrayed in arizona in order to get the votes, she has to play on both sides of the aisle. but she feels like an obstructionist to me and that's very disappointing. >> we've been talking to lots of people about the differences between joe manchin and kyrsten sinema. people know what joe manchin stands for and not only kyrsten sinema not public for what she stands for but traveled a long way on the political spectrum protesting the iraq war in the early 2000s to today where she considers herself a moderate. hallie. >> hey, cal, i know you've done a lot of these stories and been on the ground and doing amazing reporting all over the country. have you heard anything that surprises you about senator

sinema. oh, she doesn't talk to reporters, she's pretty tight lipped. do people care where she's from about stuff like that? >> the thing that has surprised me is that people are very politically aware about the climate and climate change here in arizona and has become a priority for people here. the other thing that surprises me, i asked democrats are you going to hold this against her in five years. the answer is it depends on who she's running against. she is running against a republican i can't stand. >> cal perry live for us. thank you. news from the pentagon with a dire warning that an islamic state attack on u.s. soil might be a possibility in the next year. one official talking to the senate armed services committee saying intel determined that the terror group operating in afghanistan is given more capabilities. chief foreign correspondent richard engel covering this. great to have you back on the show. that is, listen, an ominous message. it is also something that you and i had conversations about,

you know, back in august when you were in afghanistan covering the withdrawal that could be one of those potentials that were out there. >> it was certainly a foreseen possibility and many had been warning that this kind of situation could arise. so, people have to remember what happened as kabul fell, as u.s. troops were leaving. u.s. troops left afghanistan. they left in a chaotic way and had to have a massive airlift. and as u.s. troops were leaving, the taliban were entering in the city and taking and enter into kabul and taking more and more control of afghanistan. in that process, the taliban opened up the prisons and they freed their own prisoners, thousands of taliban fighters and also let out thousands of isis fighters who had been inside the jails. and the taliban, i have been told are investigating this. the taliban and isis do not get along and they are rivals and

they are investigating how this could have happened. they knew they wanted to break out their own people from jail but amid the chaos the prisoners started freeing themselves and they lost control of the situation and thousands of isis fighters were suddenly unleashed into afghanistan. there has been some attempts since then by the taliban to round them up. but not sufficient efforts have been made because afghanistan is a fairly large country. it's mountainous. some factors of the taliban that agree with isis and other groups including al qaeda that have rivalries and overlap with isis, as well. so, the real danger that the pentagon is now warning that isis in afghanistan could coalesce and then try to carry out an attack outside of that territory in the united states or else where. and the reason they're making these warnings is they want to raise attention and they want to raise concern and they want to say we told you so and they are

trying to secure agreements to have more u.s. bases closer to afghanistan. because right now all the u.s. troops are gone. go ahead, sorry. >> no, richard, you are exactly where i'm going with this. there's the geographical piece of this. much are made over the horizon capabilities, et cetera. we're looking at a map here. bases that do have u.s. access. >> exactly. if you look, they're all pretty far away and they're all in the arabian gulf. those are the closest bases. before you had troops inside afghanistan and what the u.s. is trying to do is go north of afghanistan and put bases into the former soviet republic, central asian states anduse beckstone and have a more operating relationship so that they can use central asia, which is obviously right on afghanistan's border to carry out closer over the horizon strikes and they're warning if we don't get more progress and

we're only relying on the bases that are further away in the arab world that isis could reconstitute, get more and more organized because the material is there. the raw material is there and the isis fighters are there and they're not sufficiently being dealt with. so, there are problems on multiple levels. >> richard engel, i so appreciate you joining us with your reporting and your analysis on this. thank you. coming up after the break, the new ruling in the murder trial of kyle rittenhouse. why the judge in that case is now preventing prosecutors from calling the people he shot victims. it's a story you're going to want to hear coming up. first, the state department announcing it's issued the first passport using x as the gender. part of an effort to make that option available to every applicant early next year. so, instead of just m or f, a third option. the state department saying the milestone reflects the promotion including lgbtq plus persons.

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with historic storms battering the east and west coast, we're taking a look down south to louisiana where thousands of people were forced to go days and in some cases weeks without power after hurricane ida's devastating destruction. these climate catastrophes becoming stronger and more common. one louisiana woman found a way to keep her lights on through it all with a little help from solar power. that is the kind of thing that president biden hopes to do more of in his build back better plan. i want to bring in sam brock who is with us in new orleans. hey, sam, good afternoon. >> look after hurricane ida more than a million customers in the state of louisiana lost their power including just about everybody in this neighborhood. but what if i were to tell you there was a way to avoid dependence on those trucks permanently. here's one woman's story. over the thwack of hammers and

patching of roofs, you'll find a town in new orleans recovering not only from the physical damage of ida but residents to no access to power for days or even weeks. everyone that is except for janelle. >> we didn't worry. we had power for fans. we had power for fridges. we were able to run the ac. it was easy. >> reporter: her bright idea was to bank on the sun and her 36 solar panels along with a battery storage unit tucked under her porch. kind of tucked away. >> tucked away and quiet. >> reporter: to access her own energy even as the grid was offline. once it's up there, it just works. i don't have to think about chasing gasoline. i don't have to think about running extension cords. >> reporter: it's a process she started after hurricane katrina and isaac and a valuable lesson for anyone living in areas

vulnerable to storms. or cold snaps like the one that blindsided texas last year. batteries and panels could cost upwards of $20,000 and this is where congress comes in and bills on investment and infrastructure. >> one of the most important things we can do to improve rooftop solar and energy storage is for congress to extend tax credits for those technologies which will just make it in reach for more and more american households. >> reporter: the infrastructure bill has earmarks for renewable energy but extends federal tax credits at 30% for a decade. credits that enabled her investments in the first place. >> would this have been feasible for you without these tax credits? >> no. without the tax credit, i wouldn't be able to afford it. >> reporter: the window to act before the next devastating event is cracked open right now. >> it makes a difference when you know you live in a place where that is going to happen. it just kind of made sense to be

prepared. >> and hallie, we're told this package of tax package and if the reconciliation bill is not passed, it would sunset. hallie. >> sam brock live in new orleans. great reporting, great piece. in kenosha, washington, now, courtroom arguments over kyle rittenhouse. you may remember his name he crossed state lines and shot three people. now the judge presiding over his case ruled monday that lawyers could refer to those people who were shot, those men as arsonists, as looters and even rioters but said the term victims was too. couldn't call them victims in court, couldn't call them rioters. megan fitzgerald is joining us with more. to a lot of people this sounds i think a little bit bizarre. why is victims not okay but like calling them rioters if you're

going to look at loaded terms might be. there is a history here with this judge and these parameters, right? >> yeah. yeah. you're absolutely right. judge bruce schroeder has a long-standing history of not allowing attorneys to use the term victim in his courtroom because he feels that it is loaded. he wants the evidence, he says, to just speak for itself. let the evidence stand alone. and then as you mentioned, hallie, went a step further and said if the evidence can suggest and prove that the three men that were shot, of course, two of them killed were looting and rioters, then those two terms could be used to describe these men throughout the course of the trial. of course, that being a bone of contention and great frustration for the prosecution who argued that the term looter and rioter is way more loaded than the term victim. and then the big concern here, of course, is that those terms, if used throughout the trial would then prejudice the jury and play into the hands of the

defense as they try to defend kyle rittenhouse against some incredibly serious charges, hallie. >> megan, thank you for that breakdown. coming up next, why the january 6th committee is now backing off of a request for some trump white house records even though they might be relevant to the investigation. the reporter behind that scoop is joining us live after the break. break. ♪♪ your new pharmacy is here. to help you compare prices, and save on your medication. amazon prime members get select meds as low as $1 a month. who knew it could be this easy?

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our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ time now for a look at what our sources saying. politico reporting that the january 6th committee has backed off a request for trump white house records requested in march and august. they want to avoid long arguments with the forrer trump administration attorney to try to get those evidence. they are still collecting more evidence and testimony including apparently from john eastman, the architect of former

president trump's legal plan to try to overturn the 2020 electoral result. let me bring in kyle cheney. by line on both stories. we see you, what you are doing. story number one, what's this the trump administration documents? does the select committee thinks it is critical stuff? what's the deal? >> thanks. yeah, look, to be clear, the committee is getting a lot of records. >> right, right. >> pumbly from the national archives from the trump white house era. but there are some disputed, some they expect donald trump may try to seek privilege claims over. what we saw this week was the committee identify about 50 pages of those records and say, we are going to not actually formally request those anymore. they didn't really say why. what we were able to discern is there is some genuine issue whether those documents are legitimately privileged. rather than fight that out with the biden white house that might not want to just hand them over,

they said we will pass on that for now and fight it maybe at a later date. >> talk about what you understand the committee might be -- the select committee rather might be planning for the weeks ahead. i believe that deadline, kyle, check me here is mid november, 12th or 14th to get the documents from the national archives if there are no further hurdles there. what happens between now and the end of the year stereo that's the first wave of document. possible below every week a new wave, new round of documents is coming out. we don't know how many records the committee is going to obtain, trump says it could be millions of pages of records. so far the first few rounds have been fairly small batches but they are going to get larger and larger because the committee signalled a broad swath of communications between trump, his aides, people outside the white house, and other related documents. >> who do you expect might testify, might cooperate that we might be surprised to learn? >> good question.

i mean, i think that, you know, we've seen that there is some degree of interest in cooperation between people like mark meadows and the committee and kash patel and the committee of senior aides. willingness is still a question mark. we understand former aides like pence's aide alissa farrah has contacted the committee. so there are exwhite house officials that are in touch and not outright hostile to what the committee is up to. how substantive that cooperation gets, though, we don't have much insight to. >> kyle cheney and the artwork on the wall behind you thank you so much. i am glad to have you with us on the show with your great reporting. thank you for watching this hour of hallee jackson reports. find us on twitter. listen to this. you can listen to us, too. for the latest news from all of your favorite msnbc houses any time, anywhere, on any device,

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steve bannon for criminal prosecution for defying a subpoena from that committee. it is a decision that will send strong signal to anyone else thinking of stonewalling the 1/6 investigation that committee moving full speed ahead and looking next to subpoena the man that w.h.o. wrote what adam kinzinger coined the blueprint for a coup, john eastman. the "washington post" reporting quote it will happen. it was chair bennie thompson who said that in an interview tuesday about a subpoena for eastman who played a key role in the operation that was run out of the command center at the willard hotel in washington in the days and hours leading up to january 6th. thompson did not provide a time line when the subpoena will be issued. the committee has issued documents and communications related toeseman's legal advice and analysis on how president trump could seek to rover turn the election results and remain in office. eastman wrote the memo first