thank you for being here. at this hour, americans throughout the country are making their choice and making their voices heard at the ballot box. it is election day, and the steaks are very high. several races expected to carry national implications with them for both republicans and democrats ahead of next year's midterms. the most high-profile race is in virginia where democrat all points bulletin hopes to return to the governor's mansion for the first time -- for the first time since 2018. he's in a tight race with republican glen youngkin. the race has been dominated by cultural issues really, but also former president trump has loomed large over this race as well. we have all of the key races covered for you. let's begin with sunlen serfaty live at a polling place in virginia. what are you seeing and hearing? >> reporter: well, kate, voting is under way here in virginia and has been for hours now. we're here at an arlington, virginia, polling center. this is a suburb just outside of washington, d.c. we've seen a steady stream of voters coming in, casting their ballots in person in the last five hours. the polling director here at this location says they have seen 360 people come in and cast their vote. that is a marked increase, she says, from years past, and of course you have people also coming in and dropping their mail-in ballotis as well. key for candidates today is getting out the vote in this razor-close race. we have a few minutes ago our first chance to see republican candidate glen youngkin out on the campaign trail today. he visited a polling location at a middle school in chantilly, virginia, about 20 miles from here, and he was projecting confidence. >> we feel pretty darn good, i have to say. i'm happy to take some questions. >> you had a lot of optimism last night. how so getting hit with shots from the other side? >> i've felt this great surge of momentum for the last six to eight weeks. these kitchen table discussions of the best jobs and safe communities and low taxes, this is what people are worried about. >> reporter: you heard him talk about kitchen table issues, that's in marked contrast to some of the closing messages that democrat all points bulletin, running in this race, has ended his campaign on, as he has the whole duration of his campaign. the core strategy has always been to tie his republican opponent, glen youngkin, to former president donald trump but even falsely claiming last night that he appeared with him. that was not happening. the former president called in to a telerally, so a big test today for both candidates, whether their strategy is working. many more hours of voting to go. >> a long period of early voting as well in the state. we'll see. let us see what the hours bring. thank you, sundlen serfaty. in new jersey, phil murphy is trying to become the first democratic governor to win a second term in more than four decades. he's facing a strong challenge from republican jack ciattarelli. we're live in bridgewater with more. >> reporter: good morning, kate. i know you've heard this before. you'll hear it again. what this comes down to in new jersey is turnout and numbers. the numbers are basically on governor murphy's side when you look at the lay of the land here. the number of registered democrats in the state outnumber the number of registered republicans by more than 1 million people. murphy basically said it best over the weekend. he said, look, the numbers are on our side. he said our team is bigger. of course that means if his team shows up here at the polls. but if they don't, he basically called this a coin toss, and basically, jack ciattarelli is basically bet that this race is, in fact, a coin toss, and he is basically doing all that he can to tie murphy to biden in every way that he can. the reason for that is he's hoping biden's slipping poll numbers is basically going to suppress all of those people who are out there, possibly democrats, maybe they won't show up at the polls. maybe more independents will show up at the polls in his favor. he's basically betting on that. what we've been seeing here in the state of new jersey is very much like in virginia, national issues taking center stage here. i mean, yes, you've got the issue of property taxes here, some of the high nest the country. and ciattarelli is saying, if you vote for murphy, you'll see higher property taxes. but we've also seen issues like critical race theory taking center stage here, abortion rights taking center stage here as well. of course the trump factor taking center stage here as well. a lot of national issues being looked at, but what this is going to turn out to is who comes out for who. kate? >> jason, thank you so much. joining me is cnn senior data reporter harry enton. it's always exciting on election day. maeve, both reporters were talking about this, the national implications of a lot of these races. these are local races, but people are watching all of these races from coast to coast. lay it out for people why so much this year. >> reporter: well, because these races are such a good test, kate, of what the political climate is right now and what democrats are going to be facing in 2022 when they are bracing for some pretty steep losses. i mean, you're seeing right now president biden's approval ratings slip obviously, and there's lot of concern ant that and, you know, all the wrangling in congress, and a lot of the mayoral races around the country, we're seeing that same split between moderates and progressives play out. it's an interesting test of sort of which side of the party will be able to prevail. also the debate over police reform and funding of police and hiring more officers. those are huge issues that are at play here today, kate. they'll tell us a lot about what the messaging will look like next year. >> absolutely. i want to jump into the mayoral races in just a second. harry, one place that you have been looking into closely is virginia where sunlen serfaty was talking about the race between all points bulletin and glen youngkin. we're seeing in the final pitches from both candidates -- we're seeing final pitches that both candidates are making to voters. but what is the role that president biden and former president donald trump have played into this race? >> weighing down candidates, that's essentially the role that each have played. joe biden won the state of virginia by ten points just a year ago. if you look at his pop laularit it is declining rapidly in virginia. last year 52% approval rating, 45% now. that mirrors what we've been seeing nationally where his approval rating has been dropping as well, which gives you a picture of why virginia may be where the nation is heading. but donald trump has been weighing down glen youngkin. this is why amcauliffe is going after him. here's the thing. why are we paying so much attention to virginia? if you look back at the last 11 gubernatorial elections of virginia, what you essentially see is that 8 of the last 11 times the person who wins in the state of virginia, that party has gained house seats in next midterm election. >> there you go. ma ma haif, you've done a deep dive into mayors' races people are voting on today. focus on atlanta and minneapolis in particular because the political legacy of george floyd, the focus on police reform, they're really in the spotlight in these two places. >> yeah. so fascinating, kate, how much the pendulum has swung in that particular debate since just, you know, last summer when we were seeing all the black lives matter protests. in atlanta, the spike in violent crime they saw this summer has been such a concern for voters that you have the wealthy community of buckhead looking to break off from the city because they say that crime is not under control. and so that's completely changed the conversation among the candidates. you've got former mayorca seem reed, trying to get another term as mayor, the city council president, felicia moore. reed is arguing that the city needs to hire 750 more police officers. moore is trying to strike a more careful balance between police reform measures and the need for those. and then, you know, in minneapolis, obviously, you have this fascinating question on the ballot which is whether or not the city's voters will agree to get rid of their -- dismantle their police department, get rid of the police chief, and replace it with a department of public safety. that has created a split among the candidates, the current mayor, jacob frey, and the more progressive, sheila and kate who do want to dismantle police department, frey saying we can't do that, crime is too much of a concern. we bead starting from scratch. it will be fascinating to see what the voters do today. when i was talking to sources over the weekend, they had no idea which way that measure would go on the ballot today, kate. >> it is fascinating. and there are many more from there. great to see you guys. cnn's special live coverage of election night in america begins at 6:00 p.m. eastern tonight. another major story we're following this morning, a new complication in the democrats' mission to get president biden's agenda through congress. moderate senator joe manchin says he is not ready to support the $1.75 trillion spending plan that president biden unveiled last week. this announcement casts major doubt that the democrats will be able to vote on the spending and infrastructure bills this week. house democrats, they met behind closed doors just this morning. this, of course, being the major focus of everything right now there. cnn's manu raju is on capitol hill with more. manu, house democrats, did they just wrap up this caucus meeting? what are you hearing from what happened inside? >> reporter: well, nancy pelosi is making clear to her caucus she wants to press ahead. she also wants to finish all the negotiations by today. there are still outstanding issues -- prescription drug pricing is one of them, immigration. she told that to her caucus but said she hopes the talks will be done, i'm told, and also wants the beginning of the process, the house rules committee, to begin that first step tomorrow. potential house votes later this week. they still have a long way to go towards all of these issues. it's still uncertain whether that larger bill, $1.75 trillion, can get out of the house. they can only afford three defections. it's inclear if all the moderates will fall in line and unclear if joe manchin in the senate will get behind the larger proposal. this morning we have been talking to manchin about a number of things he had raised yesterday about his concerns about the bill, what it looks like, and about some of the provisions. earlier today he said he's still opposed to adding paid leave to this bill as many democrats want, and he also wants medicare expansion. that would include -- he does not want that in the bill, how it would impact the solvency of the program. that is something bernie sanders has pushed. we asked him about the timing of this, whether or not it will be done quickly, and he said, quote, this will take quite a while. >> overhauling an entire tax code, that is tremendous. there needs to be input. i don't think anybody intends to harm our economy or create a hardship on people, but i believe everyone should be paying their fair share. >> reporter: you think it will take quite a while. >> time will be needed. we're not in a rush right now. the rush was trying to get everything done before the president was overseas. i think he's doing a good job, people are paying attention. >> reporter: so he says there in the quote, not in a rush. so it's uncertain how long it will take to get the big bill done. but, kate, it is still possible the $1.2 trillion infrastructure bill could become law within days because progressives in the house are ready to support that and send it to the president's desk, but the fate of the expansion of the social safety net is a different question. >> more and more complicated. it continues. thank you, manu. really appreciate it. coming up for us, what will it take to get democrats on the same page to pass both of these bills now in question? 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what's the plan? what did the speaker lay out? >> you know, i think house democrats are feeling very optimistic. we are all eager to get both bills passed as soon as possible, and i think we're close to doing that and getting both bills passed through the house. >> do you expect votes this week? >> i believe so, yes. >> joe manchin is very much still in the place he's been, congresswoman, which is he wants more time to negotiate the bigger bill. he's made that very clear. the head of the progressive caucus said today she trusts that president biden will be able to deliver the votes in the senate on this bigger spending bill, including joe manchin. do you trust the president is going to be able to do that? >> i do. i trust president biden when he says he'll be able to deliver the votes in the senate. i think it's time for the house to do our part and pass these two bills that, together, do amazing things for our country and are going to be historic, and then let the president do what frankly he does best as a former senator and get things through the senate. >> stand by, stand by and see what happens this week on that. i want to lean on the fact you sit on armed services and foreign affairs. my colleague kylie atwood has been reporting this morning new satellite imagery showing what analysts describe as an unprecedented nuclear build um in china. not one new silo filled. it's three. not just a few new missile silos. it's hundreds. how worried should the u.s. be of a nuclear-armed china, and what should president biden and congress do about it? >> look, i think that the nuclear buildup is concerning, but it's also exactly what you would expect from a rival and how we get to nuclear deterrence. i don't think it means that we need to have widespread alarm. i don't think it means that we need to be building more of a nuclear arsenal ourselves. we need to be investing in the technology that can keep us safe and make sure we're making the right investments in our defense budget so we're getting the technology and capabilities we need instead of these legacy systems that cost a lot of money but frankly don't keep us more secure in what the world looks like right now. >> the last time that you and i spoke, i looked back, it was during the u.s. withdrawal from afghanistan. and we talked at that time about what the -- what taliban rule would mean for women and girls there. now my colleague is reporting in excruciating detail the experience of families being forced to sell their daughters into marriage, girls as young as 4. the reason being is they cannot afford food. they can care for them as the economy collapses and international aid dries up. i want to play for your part of what anna's reporting is, and before i play it, i should note for everyone these parents did give cnn full access and permission to talk to these children to show their faces, because they say they cannot change this practice themselves. listen to this, please. >> his large hands grab her small frame. she tries to pull away. as he carries her only bag of belongings, she again resists. digging her heels into the dirt, but it's futile. >> it is heartbreaking. this little girl is one of the girls that -- she's only 9 years old. they're doing this, these families are being forced to do this because they are starving. where is the united states here? >> look, that is heartbreaking, and it's heartbreaking to know that this is happening in afghanistan. but i think that it's why i have been pushing the administration to hard to make sure that we are doing the humanitarian assistance, getting humanitarian assistance into afghanistan. i was glad to see that the biden administration did cut the red tape and allow humanitarian organizations to operate. i think we need to also do that for atrocity prevention, women rights organizations, peace building organizations so they're able to operate. and we need to make sure we're not punishing the afghan people for the desigtss of their government and that we're continuing and accelerating humanitarian assistance to know what know is a very dire situation. >> what we just showed you is part of the legacy of the united states' withdrawal from afghanistan. what will you say about that? >> look, it's heartbreaking, and i wish that girls around the world could have the kinds of opportunities that i had growing up here in the united states. but as horrifying as the situation in afghanistan is, there are places around the world where girls and women are treated terribly and the answer cannot be that the united states military goes in to every single one of these places. there are many other ways we can promote the rights of women and girls, and the answer cannot be at the barrel of a gun. >> congresswoman, thanks you for your time. coming up frp us, the cdc expected to recommend the pfizer vaccine for younger kids as soon as this afternoon. what parents need to know. that's next. greetings from audi. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. well, would ya look at that! it was an accident. i was— speaking of accidents, we accidentally left you off the insurance policy during enrollment, and you're not covered. not even a little bit? 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>> reporter: we are told by members of this committee, this external committee, we are told by these members that they think this will pass. they think this committee is going to give a green light to vaccines for children. there are some details that still need to be worked out. it's expected that dr. rachoche walensky will give the green light maybe this evening. let's look at the data they're looking at. they're looking at data from pfizer that shows the vaccine is about 91% effective at keeping children from getting sick with covid. what they did is they gave the vaccine to about 1,300 children, and three of them became sick over time with covid. then they give it to 663 children, a placebo, a shot of saline that does nothing, to about half that number, and 16 of them became sick with covid. those numbers show you what the vaccine does. it really does, according to this data, protect children against covid-19. you mentioned this is a child-sized dose of the vaccine, kate. that's right. it's one-third the dose that's been give on the adolescents and adults. and so that's what's being reviewed right now. again, it is possible that we could see rochelle walensky, the head of the cdc, signing off on this today or tomorrow, certainly very soon. kate? >> sticking close to you, elizabeth. i really appreciate it. joining me is a professor of emergency medicine and associate dean of public health at brown university. doctor, in light of everything elizabeth laid out, a top white house covid official, jeff zients, he says starting next week the program to distribute vaccines to kids 5 to 11 will be fully up and running is how he describes it. what do you think all of this means, this new authorization, assuming it happens, what it means for the push, the goal of getting covid under control? >> it means a lot personally to me. i can't wait to get him vaccinated and i know a lot of parents feel the same. but on the a country-wide level, this is really important. when you compare our progress in the u.s. to, say, that of the uk, which many of us in public health believe is a cautionary tale about the way in which delta can stick around and keep causing hospitalizations and deaths, the difference is the uk has been really slow to vaccinate teens and is going to be even slower in vaccinating kids. when we get these vaccines in kids' arms, kate, it's not just going to decrease risk for those kids of catching covid or having any of the horrible side effects of covid like myocarditis or hospitalization or, god forbid, death, it's also going to decrease community transmission of covid. it will move us closer to that goal of moving back towards normal. >> so there are concerns, parents have. concerns for their kids all the time. i'm constantly concerned for my child. but it when it comes to covid and the vaccine, there's a survey out last week that showed 66% of parents surveyed of kids in this age group, they worry that the vaccine might impact their children's fertility later on. the american academy of pediatrics has now put out a statement, and in the statement it says unfounded claims linking covid-19 vaccines to infertility have been scientifically disproven. similarly, there is no evidence that the covid vaccine affects puberty. are you hearing this from patients? what has worked to put this particular fear to rest, do you think? >> yeah. i certainly hear this, and many other concerns that are being spread largely through purveyors of disinformation and lies on the internet. there are folks out there spreading myths and rumors, honestly, to serve themselves. let me be super clear, and this is what i tell my patients, these vaccines have no effect on anything related to the reproductive system. all that they do is provide a little snippet of protein that allows our kids or our own bodies to manufacture their own natural immunity without being exposed to the actual virus. they do not in any way, shape, or form hurt anything else. >> you've mention that would your son, right, is in this age group? >> mm-hmm. >> you've been open about your decision that you want to get him vaccinated. but you also have said that you didn't make this decision lightly. can you explain? >> absolutely. you know, as a parent, my first priority is keeping my kids safe and healthy. i want to do everything i can to facilitate that, but i would never want to do anything to put my kid at risk. so i wanted to know the facts and the data. i would never have rushed out and gotten my kid vaccinated before this vaccine went through the fda approval process. i wanted to make sure that it was safe and that it was effective at protecting him and other kids against covid and covid's long-term effects. you know, we certainly all have seen some of the data around some of the side effects in older adults. the serious side effects are really, really rare, much rarer than serious side effects of covid. and so i wanted to make sure the same thing was true for kids. and you know what? it is. these vaccines are tremendously safe and effective, and that's what's giving me the confidence to show up and get my little guy a shot as soon as it's in his pediatrician's office. >> thanks for coming in, dr dr. ranney. >> thank you, kate. coming up, commitments to tackle the climate crisis. will it be enough? that's why we set out to help make it easier for everyone to move forward financially. with small business, personal banking, wealth, and corporate solutions that help you reach your goals and plan for the future... it's a girl! ...we're doing everything we can to help you get where you want to be. because sometimes a little help is all you need. see how we can make a difference for you at pnc bank. bipolar depression. it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or stroke. call your doctor about fever, stiff muscles, and confusion, as these may be life threatening... ...or uncontrollable muscle movements, as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription. ♪ say it's all right ♪ ♪ say it's all right, it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ now listen to the beat ♪ ♪ kinda pat your feet ♪ ♪ it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ oh, it's all right ♪ if you're on medicare, remember, the annual enrollment period is here. the time to choose your coverage... ends december 7th. so talk to unitedhealthcare and take advantage of a wide choice of plans... including an aarp medicare advantage plan from unitedhealthcare. it can combine your hospital and doctor coverage... with prescription drug coverage, and more, all for a low monthly premium or in some areas, no plan premium at all. take advantage of $0 copays on primary care doctor visits, virtual visits, and preventive dental care. plus $0 copays and deductibles on tier 1 and mail order tier 2 prescriptions. and a free gym membership with locations nationwide. so call unitedhealthcare about the variety of plans we offer, including ppo plans that let you see any doctor who accepts medicare, without a referral. enrollment ends december 7th. take advantage now. call or go online today. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ big promises on the second day of the u.n.'s climate conference in scotland. more than 100 nations representing more than 85% of the world's forest are agreeing to end deforestation by 2040. it comes as president biden pledges u.s. support to slash methane emissions along with dozens of other countries by 30% in that same time frame. the big question is what really comes from these big promises? joining me now is a former epa administrator under george w. bush, christine todd whitman. thanks for coming in. two commitments. let's talk about these two commitments that have been made today to end deforestation and pledging to slash methane emissions here in the united states and worldwide. what do you think of these promises? >> well, they're both important, but i agree with you, kate, that promises are one thing and delivering is another. perhaps the easiest is the deforestation. what that will mean is the countries that have relied on it like brazil will have to come up with other ways to allow those who made their living from this deforestation to find other ways of having a job and making some money and surviving. but that's kind of a more direct and simpler thing than the methane emission issue, which can be done. we know where meth e mt. that i know comes, and president biden has made several pledges working with farmers and ranchers to help them control methane emissions, working on flaring. those things can all be accomplished and it's important we have the promises, but we have to start delivering it to make a real difference. >> in general as biden wraps up his time in scotland here, as you take a step back, looking at the totality of what the united states has announced and committed to, big promises, big speeches. he has a big press conference, you know, later today. how would you describe the progress the president has made on the climate crisis? is it big? is it small? is it significant? is it incremental? what do you see? it's definitely big in the sense that it's important because he has in first time within the federal government broken down the silos between various departments to say, look, every decision you make has an impact on climate change, whether housing or transportation or the department of interior, the epa. you've got to think about this as you go into any of this decisionmaking process. that's important because every single part of our society does have an impact on climate change. and his focus and the priority he's given climate change sends a big message. the problem, of course, is that people around the world are a little uncertain. until we start to actually deliver on more than just what we can do through regulation, and that means taking some bold steps, steps like putting a cap on carbon, putting a price on carbon, those kinds of things are going to be difficult to get through what seems to be a dysfunctional congress at this point. i mean, he has $555 billion in the infrastructure bill to deliver on mitigation for climate change to help create jobs, to move us into the 21st century on this issue and compete with the rest of the world so we can create those jobs. but until some of that really starts to happen, it's going to be difficult to see the rest of the world taking us, at least, terribly seriously. his heart is in the right place. his focus is in the right place. now the rest of the country needs to come along. >> during donald trump's presidency, you were very critical of his approach to the climate and other issues. you and i talked about it a lot. >> yes. >> i want to play for you a moment from the summit when president biden is actually apologizing for trump and the trump administration when it comes to climate. listen to this. >> i guess i shouldn't apologize, but i do apologize for the fact that the united states in the last administration pulled out of the paris accords and put us behind the 8-ball. >> that's gotten a lot of attention. what do you think of that? >> it's important to say because we the united states under the biden administration, had done a lot of that negotiation and gotten the other countries to that brink of making the pledge. and we had made a pledge. then to have the next president suddenly come in and cut the legs out from under it on an issue that is extremely important to us and the rest of the world. we're the second largest emitter of green house gases. to have us suddenly back away puts the rest of the world and their commitments in a turmoil because the developing countries will say why should we do it if the united states, the second largers emitter, is backing away from this? can we trust the united states in the next round of anything we do? it's great to make those pledges, but will the next president come in and say, no, sorry, we're out of here? this is something we unfortunately had done on other issues in the united states, when we have worked with the rest of the world. we've got to be cognizant of that and how it impacts our place in the world and our ability to have influence when we are at the table. >> finally, if i could, i mean, you are also a former republican governor of new jersey. the democratic governor, he's up for reelection today. do you think phil murphy is going to buck new jersey history and be the first democratic governor in i think it's more than four decades to win reelection in the state? >> the first time any governor was beat en in a re-election was when i was elected in 1993. so when you look at it that way, it's not quite as historic a trend as it has been. the democrats have over a million-vote advantage in registration, but traditionally they have been very casual with this election, this sort of off-year election that we have here, and haven't turned out in the numbers that they have and they could muster. and the republican candidates have gone very strongly to the base because they vote. conservative republicans vote. and that's what they're counting on. they're counting on the democrats sitting back and saying, that's not the nicest day out there, i don't think i'll do it. we have a million-vote advantage in registration, we don't really have to worry, and that the republicans will come out and vote. it will be interesting to see what happens tonight when the polls close. >> it will. we'll watch it together. thank you so much. >> my pleasure. >> coming up for us, the homicide trial of kyle rittenhouse begins. he's accused of shooting and killing two protesters in wisconsin. a live report is next. worth is o late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. ♪ three times the electorlytes and half the sugar. ♪ pedialyte powder packs. feel better fast. theo is saving big holiday shopping at amazon. so now, he's free to become, thoughtful theo. and he's got a gift for everyone. so thoughtful. ♪ ♪ ♪ ♪ no matter what you bring to the table, there's no place like wayfair. i didn't have to shout out for help. because you didn't have another dvt. not today. one blood clot puts you at risk of having another, so we chose xarelto®, to help keep you protected. xarelto® is proven to treat and reduce the risk of dvt or pe blood clots from happening again. almost 98% of people did not have another dvt or pe. don't stop taking xarelto® without talking to your doctor, as this may increase risk of blood clots. while taking, a spinal injection increases risk of blood clots, which may cause paralysis. you may bruise more easily or take longer to stop bleeding. xarelto® can cause serious and in rare cases, fatal bleeding. it may increase your bleeding risk if you take certain medicines. get help right away for unexpected bleeding or unusual bruising. don't take xarelto® if you have an artificial heart valve or abnormal bleeding. tell your doctor about all planned 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 breaking news. cnn has just learned the justice department has filed an antitrust lawsuit to block a mega merger in the publishing business. the suit alleges that penguin random house has proposed a $2 billion acquisition of rival smith-schus smith-schuster -- of simon & smith-schuster. also developing at this hour opening statements are under way in the trial of kyle rittenhouse, the illinois man accused of killing and injuring two men during a protest of police brutality in kenosha, wisconsin last summer. rittenhouse was captured on video with an ar-15 style rifle and running from the scene as he was followed by bystanders. rittenhouse claimed he fired in self-defense. cnn's adrian broaddus is live with more. the trial sunday way. what have you heard so far? >> we've heard at least 30 minutes of the opening statement from the prosecution, the assistant district attorney thomas binger got right to it talking about the events of that night at one point pointing to the defendant kyle rittenhouse saying that the evidence will show that kyle rittenhouse is the only person who killed someone. listen in to what he had to say. >> on that night he killed two unarmed people, shot at a third at very close range and wounded another man in the arm who was armed with a gun. it is the state's position that this evidence demonstrates that criminal charges against the defendant sin tensional home said of anthony huber and his reckless conduct towards the other defendants. >> so he's laying the foundation and also highlighting what he wants the jurors to pay attention to. thomas binger also said the first witness that the jurors will hear from is dominic black. he also said that black purchased that rifle, that weapon that kyle rittenhouse used and he also underscored they became friend or got to know each other because black was dating the defendant's sister. kate? >> thank you so much for that. that trial continues. we'll stay close to that. also new developments in the deadly shooting on the set of alec baldwin's film "rust." an attorney for the assistant director dave halls now says that it was not his -- not their client's responsibility to check the gun that he handed to baldwin that killed the cinematographer halyna hutchins. halls previously told investigators, we saw in an affidavit, that he should, he said, have checked all the rounds before deeming the firearm safe, and the santa fay sheriff says it's important for halls and others to cooperate with investigators and come in for follow-up interviews. no criminal charges have been filed but the district attorney for santa fe county says she has not ruled anything out. that's all still on the table. thank you so much for joining us at this hour. i'm kate balduan. "inside politics" with john king begins after a break. >> 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! ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ subway®... has so much new it didn't fit in our last ad. like the new deli-style oven-roasted turkey. and new hickory-smoked bacon. it's the eat fresh refresh™ at subway®. there's so much new we don't even have time for this guy! but i'm tom brady! oh, and there's smashed avocado too! michelob ultra organic seltzer. two flavors bursting onto the scene. they'll make quite a splash. now in watermelon strawberry. and black cherry. as real as it tastes. your shipping manager left to “find themself.” leaving you lost. 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 (vo) wildfires have reached historic levels. as fires keep raging, the need to replant trees keeps growing. so subaru is growing our commitment to protect the environment. in partnership with the national forest foundation, subaru and our retailers are proud to help replant 1 million trees to help restore our forests. subaru. more than a car company. hello and welcome to "inside politics." i'm john king in washington. thanks for sharing a very busy day for us. it's election day in america. virginia chooses its next governor, terry mcauliffe offer glenn youngkin, a referendum on president biden's first-year performance and a test of whether the trump brand is still toxic for republicans in the suburbs. and democrats have a joe manchin problem. the west virginia senator says he's not yet sold on the big biden rewrite of the social safety net. plus, new insight into insurrection day. mike pence explains why he said

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