this is don lemon. breaking news: president joe biden in rome tonight and the vote on his agenda on hold. the house delaying the vote but common says the biden agenda is going to pass. >> we are going to pass both of these. >> how long do you think it's going to take? >> i think it will happen pretty quickly. >> think you can get it done this weekend? >> i don't know. we'll see. >> it's not a done deal yet, not yet. but it is a really big deal. if they can get it across the finish line, its will change life for millions. childcare for some 20 million kids, home care services for seniors and people with disabilities. combatting climate change. lower cost for middle class americans. it's all in there. the president permanently making his case to democrats today. >> i'm pleased to announce that after months of tough and thoughtful negotiations, i think we have an historic -- i know we have an historic framework. nobody got everything they wanted, including me, but that's what compromise is. that's consensus. and that's what i ran on. >> it did not get done today despite the president's last-minute trip to capitol hill where he reportedly told the caucus they are within inches of a deal with joe manchin and kyrsten sinema. it didn't get done. it's political sausage making and it's not pretty, never is. former president barack obama urging democrats to support it, saying, it's an important step on our long journey to live up to our highest ideals. the stakes couldn't be higher. now it's up to the democrats to get the deal done. i want to bring in john harwood and jessica dean. good evening to both you. jessica, it was -- i call it a crazy day on capitol hill today. >> yes. >> democrats aren't at the finish line yet but they're closer than ever before of an enormous trillion dollar deal. give us the latest. >> i think you just pointed this out. there's a lot of back and forth. there are some big things in here and things that president biden has been campaigning on the campaign trail promised and is hoping to deliver. premier among that, chiefly among that is pre-k for all three and four-year-olds across the united states. that was a big one. it is within that framework. they also have a child tax credit extension which was very important to a number of democrats. that only goes for one year for the expanded benefits, but they're making it fully refundable forever. what that means is it captured the people that weren't getting this benefit before, they will now get this in perpetuity. that is going to help cut can child poverty moving forward. there's a number of clean tax energy credits in here. the climate provision. it's upwards of $500 billion. there's also an expansion that's going to capture two million people whose states did not expand medicare coverage under baker. they've been in this coverage gap without. in terms of medicare, bernie sanders had wanted vision, dental and hearing. hearing is going to make it ultimately into this package if the framework holds up, don. a big part of paying for this is going to be new taxes on very high earners in this country. so that is the working framework. as you mentioned, it's about $1.75 trillion, that's up from joe manchin's 1.5 trillion, down significantly from the three and a half trillion. but that's some of the big things, the big ticket items that likely will make it into this package. >> and the president raised the stakes today, framing this as an inflexion point for his presidency and the country to show the world that they can govern. it didn't work, least not in the short term. how big of a blow that the president heads off on the world stage and doesn't have this done? >> not very big. the inflexion point isn't today. it's this moment in his presidency. look, it was slightly emba embarrassing to raise the stakes, as you say, and go up to the hill and have nancy pelosi say i want a new infrastructure bill tonight. that didn't happen. but everybody knows the reason it didn't happen, it wasn't about what biden did or pelosi did or even the progressives. it was because two people in the senate, joe manchin and kyrsten sinema refused to come out and say they were for this reconciliation framework that was designed to meet their specifications. in a 50/50 senate you need every single member. if they decide not to support the package and take it down, that would be a catastrophic blow. it appears the likeliest scenario is that there before too long they're going to pass both of these bills and that's going to have a significant set of investment both for families and for climate and the climate's the one that's relevant to this international meeting. diagnosis 500 billion over five years is a significant very much. i think the leaders of the other countries joe biden is going to be meeting with are knowledgeable enough about politics to understand that sometimes it takes a little time. >> i want to ask her this question, but i want to know what you know. when can we expect to vote on these bills. >> i spoke with congresswoman alexandria cortez. so i asked her, what is commitment what does that look like? she said maybe it's legislative text. maybe it's a vote in the senate. it could be either of those things. she wants, in her words, clarity with them as the house progresses on this that it is going to move forward. this started with all eyes on joe manchin and kyrsten sinema and ultimately have come back around to that because house progressives are saying they're behind the build back better act. they've said they've had to make some adjustments, too, but they're willing to vote for it and the infrastructure bill. they just want to hear from sinema and manchin. neither of them have explicitly said they support it. they've put out comments, they have said things to us in the halls or manchin has said things to us in the halls that are vague about progress and they want to keep working and looking forward to getting this done, that sort of thing, but no explicit support for this framework. i think that's what people are waiting to hear from when it comes to the house progressives. >> the american people are waiting to hear deal. deal or no deal. >> yeah. >> thank you very much. i appreciate both of you. thanks. >> so joining me sheila jackson lee of texas, the vice chair of the progressive caucus. representative, thank you so much. i really appreciate you joining us. are you really on board and if so, why not move forward with the infrastructure bill right away? >> well, don, very good to be with you and i'm excited about the fact that the congress progressive caucus endorsed enthusiastically in principle and in its base text the framework that the president has laid out for the build back better act, and of course wech voted for, many of us, the invest act in the house, and i think the real message here today is the president was brilliant in his message to us this morning. he was further very informative to the american people, and he took charge by saying this is going to be a momentous opportunity for the lives of generations of americans. that should be the breaking news today. we will get it done. we will vote, texas, we had to hold a hearing with the various leaders of the different committees to be able to present to the rules committee so we can craft a rule. >> congresswoman, i understand all that. we know that there are rules. the american people want something done. what they're hearing from you guys is we couldn't get here because of this or that. if democrats are in charge and they can't govern now, they can't get this done, what makes us think that why the should they be allowed to be the majority party in washington if they can't even get it done now? >> there's absolutely no agenda for the republicans in the house and the senate. their agenda -- >> the republicans are winning on a message of a lie. democrats have a good narrative, a good message. you're in control and you're not winning. you're not winning. you're not governing right now. >> don -- >> so -- >> may i? i beg to differ. we are governing in a transparent way, and so it doesn't look praeflt. we are governing in the form of democracy and we've got two houses. i'm hearing good news from the senate now. we'll come back next week and we'll move these bills. i believe the momentum is at our back and we're ready to do it. with the senate, with the house, and all parties in agreement, we will be able to present to the american people this monumental package of climate responses of childcare, of attention to those who are home bound, the universal pre-k, three and four, there is so much. >> is this available to get this to the american people next week? we've heard the same thing from the house speaker. we've heard the same thing from democrats, both progressive and moderate in washington. we've heard it on every network. we've heard it in the newspaper. we're going to get this done, it's almost done, it's almost done, but it's not done. >> it's about done. it's about counting the votes and every small business person knows they have to count our dollars. we have to count the votes. we had a text, we had a hearing. we had the rules committee hearing, but we are getting ready and got ready for moving this forward like a torpedo. i'm going to say that and i hope i will not be having it on my plate to eat, because i see the enthusiasm of members and i see the movement in the net senate. >> i want you to hear what senator -- i'm talking about manchin and sinema. this is what he said. if they can take the word of the president of the united states and the speaker, we are in trouble. if they can't take the word of the president of the united states and the speaker, we are this trouble. what is your response to him? do you trust the president and the speaker's word? >> oh, i absolutely do, and we spent today in meetings, engaged, counting votes, and frankly carrying forth the agenda of the president of the united states. question want to be able to trust the word of our friends in the united states senate. we understand that we might be able to do that. as we're doing that, we will lead. we will put these bills on the house of the floor and senate and we'll get them passed. i think the actual narrative has shown a lot of mashed potatoes, a lot of moving pieces. i would say to the american people, it's because we want it to be right for you. well want generations to see the finish of this agenda and how it impacts. when i go home people want to know how's it going to help them. once you give them a morse el of it, they say keep on moving. if we weren't moving, that would be the challenge and the difficulty. that's why we have this narrative. not you but our friends on the other side. they like this because they think it makes them make more noise but we're not going to stand while the empty wagon makes noise. we're on the move. all our meetings have been a sense of momentum and they all created the kind of pathway to move forward next week. we got what we needed today. a standing oh race mr. the democratic caucus and the go ahead -- >> i understand that. a standing ovation is not a deal. you understand that? it's not a deal. we should all stand for the president of the united states, no matter who it is. we should have respect for the office but that's still not a deal. you said you took a test vote, sfliegt. >> no. what i'm saying is that we were collecting or analyzing votes, ready to go -- >> and what -- was it broad support? dove -- do you have enough support? we're hearing there are holdouts from democrats. and it's not going to pass. >> no. i will say to you that we had the president's agenda, his framework. we're going to move into next week and i believe as we continue to count votes. i'm a chief deputy chip. i think the excitement of the people. when i said standing ovation to affirm his excellent presentation in our democratic crisis. >> i hear you. >> the home up is there. yes, don, i'm going to give you a simple answer. yes, i think we'll ultimately have the votes and we'll pass the president's agendas. that is what democrats do. we govern and we govern by being transparent and letting everybody's voices be heard. >> ok. >> even though the president and the speaker. i say yes we do and we look forward to the trust in the senate. >> we'll have you back and next week we'll see if it's still on your plate. thank you, congresswoman. >> go. >> thank you congresswoman. >> thank you. good to be with you. >> so democrats get this done, it will be massive. i'm going to ask the transportation secretary, pete buttigieg how the president's agenda will change american lives. that's next. peerless design, cutting-edge tech, and a world-class interior. the exhilarating mercedes-benz glc. extraordinary runs in the family. when you really need to sleep you reach for the really good stuff. new zzzquil ultra helps you sleep better and longer when you need it most. it's non habit forming and powered by the makers of nyquil. new zzzquil ultra. when you really really need to sleep. >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ tonight, i'll be eating a buffalo chicken panini with extra hot sauce. tonight, i'll be eating salmon sushi with a japanese jiggly cheesecake. (doorbell rings) jolly good. fire. (horse neighing) elton: nas? yeah? spare a pound? what? you know, bones, shillings, lolly? lolly? bangers and mash? i'm... i'm sorry? i don't have any money. you don't look broke. elton: my rocket is skint! ♪ your new pharmacy is here. to make sure you don't run out of meds here. and with amazon prime, get refills and free two-day shipping. who knew it could be this easy? your new pharmacy is amazon pharmacy. introducing fidelity income planning. we look at what you've saved, what you'll need, and help you build a flexible plan for cash flow that lasts, even when you're not working, so you can go from saving... to living. ♪ let's go ♪ democrats getting closer than ever to passing president joe biden's sweeping economic agenda. progressives and moderates sweeping approval. key disagreements pushing the vote on infrastructure back again tonight. joining me, the transportation secretary pete buttigieg. secretary, i appreciate you joining us. there's broad agreement on this framework. progress yefs are pushing the vote on infrastructure back even in the face of the president saying that his presidency and the party's future are on the line, why can't democrats get this done? >> well, we are closer to getting this done than we have ever been, and that reflects almost a year of careful listening, negotiation, building. and the reason i think it will happen is because it has to. this isn't just for democratic party reasons. this is because america needs it. definitely we need the transportation yechlts that i'm looking forward to delivering in my department. look at what's possible in this framework. dramatically transforming preschool, a tax cut for 10s of millions of families with kids, making it easier to get the care they need and stay in their homes when it's not. a tax code that asks corporations and the wealthy to pay a larger share. >> with all due respect, what's taken -- americans want to know what's taking so long. we've heard from you and other democrats. we've heard from the speaker of the house, oh, we're go to get this done, and we've heard it for months. even at this final hour, there's still in fighting. >> crafting one of the largest and most consequential legislative packages in american history is not something that happens overnight an it's not something that happens easily or simply, but it is happening before our eyes. the president has shown the leadership to say look, here are the things we've taken into account. we've listened to everybody and now it's time to act. are the american people ready, the president is ready and we're counting on congress to get it done. >> let's talk about what is happening now, what is in it and the social spending safety net year here. the proposal is a chopping $1.5 trillion. addressing the climate crisis, expanding access to health care and more. if they pass it, it would be a massive investment in this country. if they can get this done, what kind of change do you think this will bring to american lives? >> i think every american is going to see a difference. you'll see it in better roads and bridges. you'll see it in better airports. we don't have one of the top 25 ampts around the world here in america. you'll see it in port infrastructure. ports don't get a lot of attention until a time like this when you see how important they are to our spy chains. americans are going to see it in having more access to broad band internet. getting water out of pipes that's going to children. 35 million americans stand to benefit from the provisions around the child tax credit. that's the vast majority of anyone watching this interview right now who has kids. anybody who is thinking about preschool for their kids, anybody who has an elderly relative worried about home care, being able to afford it, millions of americans being able to get their health care premiums reduced of get out of these gaps when it comes to medicaid and anybody planning to be around 20 or 30 years from now where we have either succeeded or failed at climate change. it's not a moment too soon. >> let's talk about what's not in the bill. key democratic promises like paid family leave. tremendous community college and more left on the cutting room floor. president biden says he's going to continue to fight but realistically, how are you get those passed if you can't do it now? >> look, i'm a big believer in policies like paid family leave. so is the president. what i would say is not only are we going to keep fighting for them but if we deliver this historic passage -- package, if we pass that, then anything else that we try to do as an administration on the road ahead, we'll be doing from a position of even greater strength. one thing i think from moderates who are coming from very close districts to progressives who are eager for us to make big transformative change. what everybody gets is we need to deliver. success begets success. let's be clear. i don't think we should describe any of this as half a loaf. this is a lot of loaves, any one of the provisions in the build back better frame worveg would on its own represent truly historical event. this could be come to be known as the big deal. tony roosevelt had the square deal. fdr had the new deal. getting it in congress will be a very big deal for the american people and something that will do demonstrate that democracy, as the president often says, can get things done and it's still the best way to govern a country in the face of competing models say they can do a better job. >> secretary buttigieg thank you for your time. i appreciate it. >> thank you. >> the fox propaganda network has been spreading misinformation. now fox host tucker carlson is hitting a new low, completely rewriting the history of the capitol insurrection in a way that defies belief. chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ frequent heartburn? not anymore. the prilosec otc two-week challenge is helping people love what they love again. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com. [ chantell ] when my teeth started to deteriorate, i stopped hanging out socially. it was a easy decision -- clearchoice. [ awada ] the health of our teeth plays a significant role in our overall health. chantell was suffering, and we had to put an end to that. the absolute best way to do that was through dental implants. [ chantell ] clearchoice dental implants changed everything. my digestive health is much better now. i feel more energetic. the person that i've always been has shown up to the party again. fox host tucker carlson plugging a blatantly series referred to as a false flag operation. that's on the heels of a wall street jury room op ed from the former president that's riddled with lies. no coincidence at all, both are under the umbrella of the murdock family. here's chief media correspondent, brian stelter. >> reporter: this is pup effort murdock's machine in action. >> they've launched a new war on error but it's not against al qaeda. it's against american citizens. >> tucker carlson trying to scare people into resisting what he claims is a government assault. >> this is an attack encore civil liberties and it's essential that you know what's happening and that you resist it. >> reporter: what's really happening is that carlson is helping murdock and donald trump rewrite history, turning january 6th into the new lost cause. this week murdock's wall street jury room publishing a lie filled letter from trump, filled with debunked voter fraud claims. urging viewers to watch his new streaming series. >> we're proud of it. >> reporter: it's an entire forsberg stoking fear about the government trying to violately silence. referenced guantanamo bay. carlson suggested the government is the big threat, excusing the rioters who threatened lawmakers. and then comes this. >> have happened in this country. one of which may have been january 6th. >> false flag, the implication of the insurrection was a set-up, stamd to make trump voters look bad. this is the type of voting. carlson is their biggest star. he's imagining a plot against the people. >> the domestic war on terror is here. it's coming after. >> half of the country. >> the helicopters have left georgia and now they've landed here at home. >> pernicious conspiratorial talk is all over. they tweet their objections. jury room reporters vented their frustration about trump's letter anonymously. and the editorial board defended it. >> wow. joining me now cnn's chief media consultant brian setter. good evening to you. the ceo of the adl has sent a letter to fox ceo. >> where is the line for you and fox. he said how many more people need to die or how many more individuals must subscribe to groundless conspiracy theories before you say enough is enough. trying to link the on air etiquette to the off air consequences. murdock and fox has ignored or just tried to smear him as a liberal agent. it seems, don, at this point, rupert murdock is shameless. he had a big 90th birthday party with his friends. he doesn't seem to have any regrets or any concern about the consequences of his conduct. >> carlson's propaganda project features a january 6th denier who talked about that day as a false flyer. we saw the video with our open lives. fox argued in court that no reasonable person should take what carlson says as fact. do the murdocks not have any concern of the truth in. >> they have more care over the profits and loss. when you talk about credibility, they do have credibility among a minority of the country, among a loud but relatively small base that is willing to tune in, that is excited to tune in at all hours and support fox news and read the wall street jury room editorial page and support the other right wing brands. credibility was in short supply. it's been negated among most of the country. they have this maga audience that is still absolutely committed. that, unfortunately, don, is the dynamic here. they are trying to appeal to a shrinking but very loyal group of people. the offensively difference between trump and murdock is very substantial, so they are allying. they are allied, whether they want to be or not. i thought it was funny, trump talking about launching a national network. i thought he has all those. he has fox news. >> brian setter, appreciate it. jurors speaking out, telling me in an exclusive interview what it was like to decide the case. why they say race was not a factor in their verdict. in 2016, i was working at the amazon warehouse when my brother passed away. and a couple of years later, my mother passed away. after taking care of them, i knew that i really wanted to become a nurse. amazon helped me with training and tuition. today, i'm a medical assistant and i'm studying to become a registered nurse. in filipino: you'll always be in my heart. >> are you ready to start a great career? >> safelite is now hiring. >> you will love your job. >> there's room to grow... >> ...and lots of opportunities. >> so, what are you waiting for? >> apply now... >> ...and make a difference. >> singers: ♪ safelite repair, safelite replace. ♪ >> man, i love that song! in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. the murder of george floyd, one of the most consequential and heartbreaking cases of all time. you saw my interview and heard firsthand what an emotional and powerful experience it was for each of them. let's bring in laura coates, our senior legal analyst. she has that credential and she's from the twin cities. good evening you. the jurors, they considered the testimony, went through the videos and the language of the charges. as one of the jurors told me, there was no room for error r at all. as i said, you're from the twin cities. you're also a prosecutor with a legal mind. >> when i was watching it i was watching on baited wret. i know there are obviously always opportunities for appeal. they're going to look out for information that might be able to assist in the appeal, to try to overturn a conviction tnt. i watched wondering what the jurors would say. i can tell you i was extraordinarily pleasantly surprised to find that this juror was able to actually, according to what they've said, follow the jury instruction which was to fwha evidence, not let emotion overrun, even though this is a very emotional experience. many of them, i think all of them talked about having just seen the video in its entirety for the first time inside the courtroom. it reminded me about conversations about how are you going to be able to find a jury who is essentially unbiassed by what they've seen, who can come in and objectively weighing the facts, and they all talked about particularly aspects of the testimony anded the evidence that yielded their conclusion and guided them. this is exactly what you want out of a jury in any criminal trial. it's so important to understand that when a case like this at the court of public opinion did not enter into a court of law. it seems from what you're talking about, it did not. >> to a person, they said it did not at all. the haas thing they wanted to do was talk about this trial. obviously, they couldn't. they wanted to be human beings once they got home at night. they didn't even tell family members, you know, who didn't live with them that they were even on the jury. they told me that they spent most of their time on the second charge which was third degree murder. they said the light bulb moment for them was what he didn't do. he didn't provide lifesaving measures when he knew george floyd was in trouble. >> this case turned on the duty of care that was owed to somebody who was in police custody, and you heard one of the jurors say he was in the custody of the miss but never in the care. unpack that and think about the testimony. the really powerful testimony, the likes of dr. tone ip, who actually went through methodically the moment in time when life left the body of george floyd. you had one juror talk about well, if there was any indication that an overdose was the issue, if drugs were involved, the officers had access to narcan. that was not used. that piece of evidence, i think, for a lot of people may have been over their heads during the trial and not thought about it, but the jurors were so engaged and enthralled with what their duty was. thinking about how each person expressed with no hesitation just how impactful and how traumatic watching the video was and they say the videos don't lie. one woman in the front row talked about the notion of as a mother, imagining what it was like for the children who were watching this. we know that it was through the lens, figuratively and literally of a 17-year-old, i believe, who actually captured the footage and what they said about, look, we would never even be here were it not for that footage. the trauma to all these adults, who each of them have their own personal journeys in life, they were impacted. imagine what the on lookers are dealing with. when will they said it wouldn't have made a difference for them if derek chauvin would have testified. that's one of the moments you prepare for as defense counsel. for the government's case in chief to be so overwhelming to carry that burden, if the testimony of the defendant would not have made a difference, that shows you the strength of the government's case. >> i want to play this for you because i think it was really important. the moment jurors talked about race. watch this. >> i mean, i think what got here because of systemic racism within the system, right, because of what's been going on. that's how we got to a courtroom in the first place. what it came down to all three verdicts, it was based on the evidence and the facts 100%. >> absolutely. >> you're shaking your head. tell us why. >> the facts and the evidence and the jury discussion, so that's what we're following. >> i agree. the fact of the matter where you've been on a murder case and we all decided that he's guilty of it hard less. >> they honed in on the evidence and firmly say race was not a factor. then what was happening on the outside and how the world looked at this case, wow, how's that for dichotomy, huh? >> it's so intriguing. i mean, the idea of trying to compartmentalize at a time of such national interest, the fervor surrounding it, the protests. remember, people forget now that we are in october of 2021, that at the time george floyd was killed we were at the very instancy of the covid pandemic. people were turning out in troves in spite of the pandemic because of how strongly they felt. there were those who tried to hijack otherwise peaceful protests. but you see these jurors being quite steadfast in their resolve to have the evidence guide them. that's what you want for juries. one thing that's important to consider here is the prosecution did not introduce race or racism into this. they went to great lengths to talk about how this was not the entire enforcement organism. it was not all police officers who were on trial. it was this police officer. it was derek chauvin who was on trial and you even had officers who took the stand to give the daylight needed to make sure that was clear and testify against him. you know, this is why it's so important to think about and why i think the prosecution as a whole in this case was so eloquent about this, because they needed to make it about this case, even though to the world, it was representative of so much more. >> laura coates, thank you for joining us. clinton sis as always. we'll be right back. >> great interview, don. >> thank you laura. tonight, authorities in new mexico focusing on crew members who handled the gun as they investigate the shooting death of cinematographer halyna hutchins on the set of alec baldwin's movie "rust." we get the latest from josh campbell in santa fe. >> nobody's been cleared as of yet. >> reporter: no one cleared, but the investigation is narrowing. the santa fe county sheriff telling "the today show" he is now focused on two people involved in the fatal shooting of halyna hutchins by alex bald wib. those two, hannah gutierrez and dave halls, who crew members who handled the firearm before it was handed to baldwin. >> they are the focus of the investigation, so they're the focus. >> reporter: halls, the set's assistant director, told detectives he did not thoroughly inspect the weapon before giving it to baldwin, according to court documents. he could only remember seeing three records. he advised he should have checked them all, but didn't. in addition, the documents show gutierrez, the film's armorer, told detectives no live ammo is kept on set. a statement roundly contradicted by the sheriff. >> we regard this specific spent casing and recovered projectile to be the live round that was fired from the revolver by mr. baldwin. we have recovered what we believe to be possible additional live rounds on set. >> reporter: all is quiet today on the set just outside santa fe, as we begin to learn new details about the factors prosecutors will be focusing on in determining whether to bring criminal charges. including how live rounds got on the set in the first place. >> i can't believe that that happened. >> reporter: in an interview with cnn, santa fe's district attorney says despite crew members raising concerns about safety on the set, bringing charges may prove difficult. >> so, when we're talking about potentially charging someone or not charging someone, that's where we have to start our legal analysis is, can we get to that bar of somehow proving that reckless standard, that willful disregard? and it is -- it's just simply far too early to say that we can -- we can show it and to whom or on who we could show that. >> reporter: could someone who brought live rounds to a place where others around them didn't expect them to be, is that negligence, is that criminal? >> i don't know -- i can't say if it's criminal negligence. i think there's certainly an argument that it's civil negligence at this point. >> reporter: at least one staff member on set has obtained legal representation. the script supervisor who called 911 is now represented by gloria allred, who says -- >> my client wants to know what the truth is, she wants accountability. i'm ready to come to a conclusion that it is negligence, gross negligence, reckless endangerment from a civil standard, which only requires a preponderance of the evidence. >> reporter: josh campbell, cnn, santa fe, new mexico. >> josh, thank you. and thank you for watching. our coverage continues. sharing smiles together is a gift. at aspen dental, it's easy to gift yourself the smile you deserve. new patients, get started with a comprehensive exam and full set of x-rays with no obligation. and if you don't have insurance, it's free. plus, get 20% off your treatment plan. enjoy flexible payment options and savings when it matters most. we're here to make your smile shine bright so you can start the new year feelin' alright. call 1-800-aspendental 7 days a week or book today at aspendental.com we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. 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.