on the $3.5 trillion human infrastructure plan as they call it. >> but there's an impasse between progressives and moderate democrats. progressives say they will not sign off on the bipartisan infrastructure deal unless the bigger social safety net bill comes with it and moderates don't like that. so, cnn's ryan nobles and lauren fox are on capitol hill to explain all of this to all of us. ryan, let's start with you. are they going to vote to fund the government and raise the debt ceiling in the house today? >> reporter: well, nothing is easy on capitol hill. i think we've learned that, alisyn and victor, and even this process has not been easy. house democrats were prepared and are now prepared to pass this continuing resolution and the language that would lift the debt limit for more than a year, but ran into a snag earlier today because some house progressives were concerned that it included more than a billion dollars in funding for the iron dome security system for israel. now, progressives told leadership that they would not vote for that bill if it included that language. they ended up removing it and so now, it looks like it is on a glide path to pass in the house. now, the house is only part of the problem here. the senate is where this is going to essentially probably die, and that's because the democrats have decided to include the debt limit and the spending plan in the same package, and it is the republicans that are very much opposed to the idea of lifting the debt ceiling. mitch mcconnell has said that they would support this continuing resolution to continue to fund the government, includes a lot of funding for disaster relief for many of these states that were hit hard by the hurricane, including states that include two republican senators, but it's the debt limit that they have a problem with. and the fact that democrats have decided to tie these two pieces of legislation together make it very unlikely that there will be the ten republican votes necessary to pass this bill in the senate. now, joe manchin, who seems to be at the center of all of this has said it's incumbent upon republicans to do the right thing here. take a listen. >> i don't think we're going to have a shutdown. we can't have a shutdown, and i don't think we will. what? we've got to move. got to keep government open, don't we? >> the republicans are going to vote against it. >> got to pay your bills too. >> reporter: so, manchin not offering a ton of clarity there. he's a democrat but seems to be someone that talks to both democrats and republicans on an issue like this. mitch mcconnell, the republican leader, has held firm. he said that his party will not vote to increase the debt limit. that could mean that the government will shut down. at this point, victor and alisyn, we are in a staring contest, which we often are here on capitol hill. >> that staring is happening across the figurative aisle. let's talk now, lauren, about the staring within the democratic party, speaker pelosi is coming up on a deadline. she is running out of time. explain the promise she made and how that's pretty troublesome now. >> reporter: well, look, victor, she has less than a week now to put a bill on the floor, that bipartisan infrastructure bill that already passed the u.s. senate. but she's running into another problem, because again, the moderates and progressives within her caucus are really at war about how this should all be packaged and what order these votes should occur. so she had already promised the moderates she would bring this bipartisan infrastructure bill to the floor, but now you have progressives arguing that they will vote en masse against that bipartisan infrastructure bill unless the speaker can also muscle through that $3.5 trillion social infrastructure package that you were referring to. that's a bill that really expands healthcare, that also expands the child tax credit as well as provides paid family leave for americans, but to pay for it, it also comes with some tax increases that other moderate democrats are uncomfortable with. and that bill is not anywhere close to being finished, according to aides and lawmakers that we've been talking to over the last several hours. now, elizabeth warren, who is another progressive in the senate, she said they all should move together. here's what she said earlier. >> i know that a lot of people would say, let's try to break this thing apart, take it in smaller bites, but the reality is, in the world of the filibuster, we get one bite at passing a lot of this through. and we cannot fail the american people. >> reporter: and democrats just are finishing up their caucus lunch, and before that lunch, i'm told schumer, the majority leader, had a conversation for about an hour with some of his moderate lawmakers, trying to get everyone on the same page ahead of that lunch. it just really goes to show that he knows, and the house speaker knows, what they're up against, whether they can find a way to resolve all of these legislative priorities for the president in the next several days, it remains to be seen. >> this is the worst game of jenga, where you pull one little piece, the whole tower falls down. lauren fox, ryan nobles, thank you both. now, this is just the start of the list of the agenda items the president's trying to get through. let's go now to cnn chief national affairs correspondent, jeff zeleny, joining us live now from the united nations where the president just wrapped up a meeting with australia's prime minister. we'll get to that in a moment. but first, jeff, how does this showdown over infrastructure affect the administration's other goals? >> reporter: well, victor, it affects it in every way, and president biden will be making his way back to washington really momentarily, and this is all what he is waiting for, what ryan and lauren just laid out there are the top priorities, all coming to a head at the same time, and it is, you know, an intermingled foreign policy and domestic policy agenda. a president has more standing and more strength on the world stage the stronger they are on the home front and that is clear. it was clear. it will be clear here at the united nations. i mean, the president talked about infrastructure spending. he talked about climate spending here in his address to the united nations general assembly, and if the u.s. wants to be a leader on climate change, they need to get this bill passed. so, this could have a tremendous effect on his standing on the world stage, what is happening on capitol hill right now. so, all woven together. he will be traveling back to washington this evening for a one-on-one meeting with british prime minister boris johnson at the white house. he'll be leading a virtual summit tomorrow from the white house, leaving the united nations behind, largely because it's a -- it was intended to be a smaller meeting this year because of covid, but also because of all the challenges awaiting him there in washington. so these two, you know, separate buckets, it would seem, domestic and foreign policy, they're actually very much linked together about the strength and power of this president. >> okay, so, jeff, stick around with us because as we can see you're at the united nations, as you just said, president biden has addressed the u.n. general assembly this morning and hit a wide range of issues facing the u.s. and its allies, including the pandemic, climate change, women's rights, nuclear weapons, and he also focused in on one central theme. he said shifting from relentless war to relentless diplomacy. >> as a global community, we're challenged by urgent and looming crises, wherein lie enormous opportunities if, if we can summon the will and resolve to seize these opportunities. planes carrying vaccines from the united states have already landed in 100 countries, bringing people all over the world a little dose of hope. the scientists and experts are telling us that we're fast approaching a point of no return in a literal sense. to keep within our reach the vital goal of limiting global warming to 1.5 degrees celsius, every nation needs to bring their highest possible ambitions to the table. the united states remains committed to preventing iran from granting a nuclear weapon. we are working with the p-5 plus 1 to engage iran diplomatically and to seek a return to jcpoa. we're prepared to return to full compliance if iran does the same. we all must advocate for women, the rights of women and girls, to use their full talents, to contribute economically, politically, and socially. and pursue their dreams free of violence and intimidation. from central america to the middle east to africa to afghanistan, wherever it appears in the world. >> okay, let's bring in the president of the chicago council on global affairs and served as the u.s. ambassador to nato from 2009 to 2013. and jeff zeleny sticks around with us as well. ambassador, i know that allies have been described as skeptical of the u.s. after everything that they've watched happen here over the past four-plus years. how do you think they received president biden's message today? >> well, clearly, i think this is a message they were hoping to hear of the united states that is on the one hand continues to be engaged in the world in order to deal, on the other hand, with all the major problems that we face together, and stressing the importance of diplomacy and working together with our partners and our allies to address these issues is important. at the same time, they've heard that before from president biden, most clearly in his speeches when he was in europe back in june, and they're waiting to see whether the action here at home that jeff talked about earlier is going to match the words that they heard at the u.n. general assembly. >> yeah, jeff, the poetry, as alisyn just read it, was the move from relentless war to relentless diplomacy, but how that practically works out in the room as he listed some priorities that are not well-received by some members there. how do you think that is going over from the white house? >> reporter: there's no doubt that the turning of the page here between the trump era and the biden era, this was yet one more marking of that, but we are nearly through our list of turning of the page moments. now, this is president biden, his rhetoric, versus president biden's action. he, of course, has been on the job for more than eight months now, so this is his rhetoric and his, you know, record that will be tested here. and there's no question that the words were received very warmly. it was music to the leaders' ears here at the united nations. that's what this mission is about. that's what the body here is about. president trump, of course, came here and thumbed his nose at the u.n. as he often did, but of course, that was not received well. so, president biden, yes, was received well, but it's the actions that will be judged. so, so many challenges on the plates of certainly the biden administration but indeed the world. but i was struck by, at the very end of his remarks, yes, he talked about the long war in afghanistan coming to a close, which ordinarily may have, you know, certainly been the big headline moment. he also talked about the fragility of democracies and did use the word, insurrection. he talked about how american democracy is not perfect and he talked about that dark day on january 6th but said, democracy is still a beacon for the world and really the only way he sees any accomplishments being made. so, that, perhaps, was leaving this body on an optimistic note, but there are so many challenges with climate and other matters here, we don't know how this will end in terms of his record on the world stage. >> on the right side of your screen, we are looking at president biden, i believe, arriving at jfk to head back to the white house after having been at the united nations general assembly there. ambassador, what actions? i mean, we've talked a lot about how they're waiting for actions from president biden. what are the allies and the rest of the world waiting for him to do? >> well, i think it's, first of all, actions here at home. it's addressing the climate crisis and providing and passing the kind of legislation that you were talking about earlier in your program to address climate, to find ways to reduce greenhouse gas emissions and really tackle that kind of issue and also, i think, the important point that president biden keeps on making that in order for democracies to compete effectively with authoritarian regimes like china, they have to prove that they can deliver for their people at home, and the kind of legislation that is in front of the congress now, the package that is there, is very much designed to prove to the american people that the united states and the government can still deliver for them, and it's that that will give the united states the kind of standing in the world to tackle the climate crisis, which will happen later this year in scotland, to really finally put a nail to the head on the question of covid through vaccine distribution, and in so many other ways, is trying to show that as we rebuild ourselves at home, build back better at home, as the president likes to say, that we therefore can have the standing to deal with these big challenges abroad. it's that kind of action that the people around the world and in particular our allies are looking for. >> again, we are seeing president biden there boarding air force one. leaving new york after attending the u.n. general assembly. mr. ambassador, let me ask you about this rift between the u.s., the uk, and france. of course, after the australians abandoned their deal to buy submarines from the french, they've now purchased those. they got into a deal with the u.s. and the uk and it was just this bilat between the u.s. and the australians that the administration just was involved in. is this something you expect will blow over soon? president macron does not believe it will. or this could cause some significant geopolitical challenges? >> no, i think this is a big crisis. and part of it is a crisis because president macron has his own domestic political reasons to react in the way he has. he's up for re-election in six months. this was a huge contract for the french defense industry that now seems to have been torpedoed by australia to build 12 diesel-powered submarines for the australian navy. but it's also, i think, a sense in paris that the united states just doesn't take an ally like france, the oldest alley that the united states has, seriously. we never talk to them about this new direction that we're going in. and we never invited them to be part of it. france has interests in the indo-pacific. it has 2 million citizens there. it has 7,000 troops. it has territory in the indo-pacific, and therefore, it feels that it has something to contribute, and it really was left out in the cold, and that, as i think the french are saying, is not how allies treat each other. i think it was a mistake on the part of the administration. i think the actual decision to work with australia and the uk was the right one. we have a major competition, military, economic, and political that we need to engage in with the chinese. this is the right military response to that competition, but we would have been much better off if we could have done it in a way that didn't really upset such an important country as france in the way that we did. >> all right. ambassador ivo daalder, jeff zeleny, thank you. well, this search is continuing now for gabby petito's fiance and we're getting new details about their final days together and a woman who claims she picked him up hitchhiking. and the homeland security secretary calls these images of haitian refugees, quote, horrifying. the latest on what's being done on all this still ahead. i've spent centuries evolving with the world. that's the nature of being the economy. observing investors choose assets to balance risk and reward. with one element securing portfolios, time after time. gold. agile and liquid. a proven protector. an ever-evolving enabler of bold decisions. an asset more relevant than ever before. gold. your strategic advantage. 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why go there? they have had the electronics now for at least some preliminary searches or a tip or a spotting. but as our own correspondent out there, it's atvs on the ground, helicopters by the air, so it's a dual search right there and they communicate with each other on any sightings whatsoever for anything and remember, there's potential evidence, too, that they're trying to locate in this search, i'm sure. >> casey, what do you make of this return to this area after saying they've exhausted that search in that part of the reserve? >> you have to always keep in mind that the police have more information that they are letting us know about. and there have been a lot of potential sightings that look like brian. they have to follow up every lead. but i think that they had basically called off the search because they thought it was a red herring, the whole idea that he said he was going there was just what we would call a contra indicator, something he told the parents to tell the police that would throw them off his trail while he went somewhere else. they need to look at every possible lead. but with the magic of social media, we are hearing a lot of different sightings. guaranteed the police are following all of those up to find out if brian laundrie is in the area or could be somewhere else. i guarantee that it is the so-called public involvement in this, the cyber sleuths who are going to find him or sight him if he is indeed on the lam. >> agreed. agreed. the eyeballs, the amount of eyeballs that are now looking for him and have been will be, i think, really helpful to the police. but jean, you have more information about this police affidavit of the last known texts that the mom, gabby's mom got, and we'll put some up on the screen here. on august 27th, the mom got a text saying, can you help stan? i just keep getting his voicemails and missed calls. that was allegedly from gabby, but the mother thought that one was suspicious and you'll tell us why. and then august 30th, no service in yosemite. the mom also found that one suspicious. >> cnn was able to get this affidavit of a search warrant that actually was filed last week, but it just became public, and it had to do with the external hard drive that they retrieved from the van, and they wanted to be able to do some exploration in that, and so there's really the affidavit or the reasons why they believe a search warrant is appropriate, so they get facts here and some of them, we knew. some of them, we didn't. and they talk about, on the 24th, that they checked out of the fairfield inn in salt lake city, she facetimed with her mother. there were multiple texts with her mother. on august 27th, there were more texts with her mother, but the final texts, according to the affidavit, is just as you said, can you help stan, i just keep getting his voicemails and missed calls. stan was her grandfather, and her family says she never said stan when she was talking about her grandfather. they also say there was no sighting of her at all after august 27th. >> yeah, certainly suspicious she would call a grandfather by his first name if the family says that's not something that happened. let me ask you about this 911 call, casey, that happened. we've now seen the body cam video that resulted in separating petito and laundrie that day. but according to the 911 call, someone saw a man slap a woman, the two that we're talking about. however, once the report came out, it was a mental and emotional break more than a domestic incident and no one reported that a male struck a female. those two obviously are in conflict. what do you make of that contra addition? >> i am so glad that they have released that 911 call from the male caller who reports in very clear language exactly where they are and that he is seeing this male slap the female. in other words, brian laundrie slapping gabby. and this is critical, because i think the way it started with us seeing the police chest cam footage first, we thought maybe this is just a classic emotionally high-strung screaming match between people. but i'm looking at this in a whole new way because i trust the 911 caller more than what we hear from gabby on that police cam footage where she's taking the blame. don't forget, her boyfriend is standing right outside the van, listening to what she's saying. she says she slapped him. she says, it's my fault. i'm ocd. and we don't have any proof, i've never heard, that she has a medical diagnosis of ocd. i think this could be part of brian laundrie's control, where he is gaslighting her, telling her she's the crazy one and the last thing the 911 phone caller said was that he was trying to take her phone or we have had that reported and he was trying to drive away without her and leave her on the sidewalk. this shows incredibly controlling behavior. and it sheds a whole new light on the relationship and if you thought it was her who was the instigator, her, gabby, who was slapping him, gabby who was, cd and mentally ill, we have a whole new perspective on who the controlling person was. >> all right, there's so many questions still about what happened. jean casarez, casey jordan, thank you both. there's also disturbing new warnings from the fbi director today about racially-motivated extremism and its persistent global threat. hearing is important to living life to the fullest. that's why inside every miracle-ear store, you'll find a better life. it all starts with the most innovative technology. like the new miracle-earmini, available exclusively at miracle-ear. so small that no one will see it, but you'll notice the difference. and now, miracle-ear is offering a thirty-day risk-free trial. you can experience better hearing with no obligation. call 1-800-miracle right now and experience a better life. incomparable design makes it beautiful. state of the art technology makes it brilliant. the lexus nx. experience the crossover in its most visionary form. experience amazing at your lexus dealer. i'm so glad you're ok, sgt. houston. this is sam with usaa. do you see the tow truck? yes, thank you, that was fast. sgt. houston never expected this to happen. or that her grandpa's dog tags would be left behind. but that one call got her a tow and rental... ...paid her claim... ...and we even pulled a few strings. making it easy to make things right: that's what we're made for. usaa. what you're made of, we're made for. get a quote today. ♪ ♪ when technology is easier to use... ♪ barriers don't stand a chance. ♪ that's why we'll stop at nothing to deliver our technology as-a-service. ♪ testifying before a senate committee this morning, fbi director christopher wray blamed social media as a big part of what's driving ethnically and racially motivated violence in the u.s. >> whitney wild is following the hearing for us. what about social media specifically is the concern of the director? >> reporter: there are two major ways social media is harmful and christopher wray broke it down like this. there are lone wolf risks as well as risks from small groups and what we know is that for a lone wolf who might be inclined to violence, the access to this extremist ideology is possible through social media. and that is significantly and very harmful way that social media is weaponized. but then further, once these two lone wolves come together, they become so much more potent and that's something that we saw leading up to january 6th where these people who prior to social media may have never had any interaction were able to get together and to galvanize in furtherance of this stolen election lie and then eventually commit this atrocity that happened on january 6th. but here's fbi director christopher wray in his own words. >> a terrorism moves at the speed of social media, and you have the ability of lone actors, disgruntled in one part of the country, to spin up similar like-minded individuals in other parts of the country, and urge them into action or inspire them into action. >> reporter: and the reality is that social media's not going anywhere, and the members of congress know this, which is why the chairman of that committee, senator gary peters from michigan, sent letters to social media companies, facebook, youtube, and twitter, to say, hey, social media is becoming a major problem here, it is a conduit for terrorism and violence so what are you going to do to stop this? he's pushing social media companies to come up with proof that their prolicies and practices prohibiting that kind of content are actually working. further he pressed director wray on what he's doing to try to help these social media companies stop doing what they're doing and root out the violence. christopher wray said they're ramping up efforts there, both utilizing data analytics as well as expanding what he called their human base of operations to try to separate what is a realistic threat coming from social media and what is just noise, victor and alisyn. >> whitney wild, thank you. homeland security secretary alejandro mayorkas was pressed on the crisis at the u.s.-mexico border. >> do you honestly believe that our borders are closed? >> senator, i do. >> of the 1.3 million people that we've apprehended, how many people have been returned? how many people are being detained? and how many people have been dispersed? and i want some numbers here. >> senator, i would be pleased to provide you with that data. >> i want them now. why don't you have that information now? >> senator, i do not have that data. >> why not? why don't you have that basic information? >> well, the secretary added the administration is working to clear out the thousands of migrants under the del rio international bridge over the next few days. texas governor greg abbott said that the state is using unprecedented methods to deter migrants from crossing the border. joining us now is democratic congressman henry of texas. congressman, thanks for being with us. first, the question of should these haitian migrants be flown back on these repatriation flights to haiti? dozens of your colleagues say they should not be, because haiti is not prepared to receive them, potentially for months, maybe years. what do you think? >> well, i think we need to follow the law, and the law is very simple. the law says that you're supposed to stay here, you stay here. and the law says you're not supposed to stay here, then we deport you. that's what we have to do is follow the law. we can always provide assistance to make sure that when they get there, that they are taken care of, but again, i'm one of those, i will follow the law, and the law says that if you have to be returned, you will be returned. and again, look, and the other thing is you got to keep in mind, i got -- i represent border communities. we cannot only represent immigration activists. we also have to keep in mind the border communities, the pressure, the frustration that's down there when you have thousands of people that come in at the same time. we have seen over 1.5 million individuals just this particular year, and people tend to forget that it's not only the immigration activists that you have to pay attention to. and i agree with that. but you also cannot forget the border communities, the mayors, the judges, all the people who live there down on the border. >> and we have heard from the mayor of del rio, who says that it's beyond crisis there. let me ask you about some of the images we're seeing of border guards on horseback, chasing or charging migrants on these horses, at least one appears to use what looks like a rope or a lasso. these are haitians who have crossed into mexico to buy food and ice because that's running out under the bridge, and then cross back. what's your reaction to what you're seeing here? >> well, you know, certainly, we got to make sure we treat all the immigrants with respect and dignity. but i will say this. border patrol has had those horse brigades for a while. they have had them for a while. number one. number two, they don't carry whips and they do not carry lassos. i think the picture you're talking about, at least the one i have seen, is the rein, the rein of the horses, so -- >> should those be used? should those be used, even if it is a rein? >> well, again, if there was a problem, it should be investigated, and i think that's it. but we cannot paint the border patrol with the same type of paint brush. look, you know, what are they supposed to do, just stand there and let everybody come in? you know, they're supposed to be enforcing the law, but again, as to how you enforce it, make sure you treat people with dignity and respect. >> but does the enforcing the law require what you're seeing there? is that the way the people should be treated? >> again, that incident will be looked at, but again, that's not a whip. that is not a lasso. they do not carry that. that seems to be the reins and the -- from the horse itself. >> you're creating a distinction between swinging a rein at someone versus a whip. i don't know that, as we heard from the white house, that they make that distinction. let me ask you about all the other elements that are happening in the house. you're one of the nine democrats who speaker pelosi made a promise to, that on the 27th, there would be this vote on the bipartisan infrastructure bill. we're coming up on that. we have heard from the whip, congressman clyburn, that potentially, they're going to work toward that but maybe not make that deadline. first on timing, we'll get to the ultimatums later. will you accept a vote after september 27th and still support the larger reconciliation bill? >> well, let me put it the other way. the agreement was that we would have a vote on september 27th. i trust the word of speaker pelosi, jim clyburn, mr. hoyer, when we met with them. they said there would be a vote on that. if somebody wants a vote against then, the bipartisan bill, that it's historic to bring broadband monies for roads and all that, water, then they have to explain that vote, but we agreed to have a vote on the 27th. a reconciliation, of course, we made an agreement that whatever we vote in the house will be something that would be accepted by the progressives and the moderates, both in the house and the senate. no ping-pong. but something that can be sent directly to the president once it passes the house and the senate. >> congresswoman alexandria ocasio-cortez says if the larger $3.5 trillion bill is not voted on in the house and the senate, that she is a no on the smaller infrastructure bill, and she's got dozens of votes with her as well. is this about to collapse? will either of these bills pass? >> you know, i feel confident that we do have some -- look, i understand there are differences. i mean, definitely, there's differences within the democrat caucus. but i think at the end of the day, we are going to get there. you know, there will be a few hiccups on the way, but at the end of the day, we are going to pass a biden administration agenda, one that will be balanced, one that will be supported by all 50 democrats in the house and the senate and by the democrats in the house. there will be some differences, i understand that. >> it seems like aun understatement, congressman. you calling their bluff or they're calling yours? >> well, look, i'm not calling anybody's bluff. all i know is let's have a vote on the 27th and whoever wants to vote no, they can explain that vote. but i intend to vote yes on the bipartisan infrastructure bill. i definitely want to support a reconciliation. i was not in the room when somebody agreed to the $3.5 trillion. i want to focus not on the money but i want to focus on healthcare, education, what are we going to fund, because we want to remake the safety net of the united states. >> all right, congressman henry cuellar, thank you so much, sir. >> it's a pleasure. thank you so much. all right, we also have new details about the johnson & johnson covid vaccine and how a booster shot of that vaccine st stacks up with moderna and pfizer. that delicious omelet was microwaved? 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>> tech: that's service you can trust. >> singers: ♪ safelite repair, safelite replace. ♪ you have the best pizza in town and the worst wait times. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire pediatric covid infections are increasing dramatically across the u.s. according to new data, kids now account for nearly 26% of all reported cases nationwide with nearly 226,000 infections reported in children last week alone. >> cnn's jason carroll has the latest on that and the timeline of when 5 to 11-year-olds might start getting vaccinated. >> reporter: today, an encouraging development for the nearly 15 million americans who have received the johnson & johnson vaccine. the company now says that adding a second dose of the shot provides 94% protection against symptomatic infections. it's a big day for pfizer as well. fda authorization on their booster shot for some people could be coming at any moment. cdc advisors will meet on the matter tomorrow. this as it looks more and more likely the pfizer vaccine for children ages 5 to 11 could come as soon as halloween. >> we have had 225,000 kids with covid. it's a serious issue among children, and the best way to protect them is with this vaccine. >> many hospitals seeing an increased number of children infected with covid-19. doctors had to put up a tent outside an emergency room of a children's hospital in pittsburgh to help meet the demand of patients. the hospital's chief of emergency medicine writing on social media, the number of children coming to the emergency department at upmc children's is historic. in all, icus are still over 90% full in at least 6 states. >> currently, across the state, we have activated crisis standards of care. this means that the ability to deliver community standards of care using conventional means has been exhausted. >> reporter: two-thirds of hospitals in kentucky are reporting critical staffing shortages. >> i start my day every day with the situational report from hospitals, and it hurts to see that a hospital has every single person, every single ventilator in use and we have to send them more. that's a trend that we want to reverse. >> reporter: the u.s. hit the historic milestone yesterday of 675,000 deaths, more than the estimated toll of the 1918 flu pandemic. and medical professionals are now sounding the alarm about the flu season as well which doctors say could be particularly harsh this season given how little exposure people had to it last year. >> and getting vaccinated, still a tough sell for far too many. a health care provider in north carolina had to suspend hundreds of employees because they had not gotten vaccinated. nearly 400 employees from novant health were suspended and could not report to work due to covid-19 noncompliance. despite that, novant says more than 98% of their employees are indeed compliant. but still, 400 employees not coming to work in the health care field. exactly. thank you very much. >> thank you. now to this, a big development in a sexual assault lawsuit against prince andrew. we'll go live to london, next. prince andrew has officially been served with legal papers in a civil sexual assault case. >> cnn's max foster joins us now from london. so max, have we heard anything from prince andrew's legal team? >> reporter: we haven't. we just get no comments from the legal team. prince andrew has previously denied any of these allegations made by giuffre, but they have really struggled to get him to engage in this specific case. in order for it to proceed, giuffre's team have to prove that they have served papers to prince andrew. they say they have done that via e-mail, post, and indeed in person. it is addressed here in the u.k. but prince andrew's team haven't acknowledged receipt of those papers. prince andrew then did appoint a u.s. lawyer to attend a pre-trial hearing where they argued the papers had been served properly. that was actually a bit of a breakthrough for giuffre's team because it opened an opportunity for them. they went to the judge and said can we serve the papers instead to prince andrew's lawyer, the judge said yes, and now we know that giuffre's team have served papers to andrew's u.s. lawyer. they now say that the case can proceed. i'm sure prince andrew's team will challenge that, but if giuffre's lawyers are right on this, then he has 21 days, either to respond or he'll face a default judgment. >> all right. max foster, with the latest for us. thank you, max. president biden's agenda is teetering on the brink with open warfare in his own party between the progressives and the moderates, can they get it done? 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