of medical and family leave. that dropped from the package to win support from senator joe manchin and this morning the west virginia democrat dug in his heels. >> i don't think it belongs in the bill. that's a piece of legislation really needed from the standpoint of let's do it right. when when there's participation from the small companies and small businesses i represent all over west virginia and the country, there should be participation. we can make sure it's lasting. the cnn congressional sport manu raju joins us now. both votes by tomorrow morning by tomorrow morning. are the votes there? >> nancy please wouldn't commit to a timeline saying she will let us know, but she did say behind closed doris that she wants to have the show the as soon as tonight. $1.75 trillion, sweeping in nature that would pump more than $500 billion into efforts to fight climate change and doesn't have the votes to get out of house and senate and if it doesn't have the votes out of house, do the members want to see more details. there were changes made at the last minute to this proposal more than 2,000 pages and that was putting together last night. a number of members want to see a full cost analysis and see that before they vote on it. that's the dynamic that pelosi is running into as she tries to get it out of house and then moving on to the bipartisan infrastructure bill and move on to the next proposal sometime by the middle of november. we'll see what happens. pelosi is facing a lot of questions and criticism of the handling of the matters so for particularly from virginia democrats where they saw a split of candidates wiped out because of a failure to congress to act including on the infrastructure bill that house democrats have not acted on as they have called for it to be tied to the larger expansion of the social safety net plan so moments earlier i asked the speaker directly whether they deserve any blame and some democrats say for holding up the infrastructure bill. >> what i said was any sign of progress is always good for the public when they understand what it is and i think they understand infrastructure pretty well so it could have been better if we had. i don't know because i haven't seen the data perhaps you have. i think there are other issues at work in that election, and -- and it remains not for me to make an observation unsubstantiated by data and science but it was not a good night. >> >> so the question is now what? if they do get the bill out of the house, it will go on to the senate. you can't lose more than three votes in the house, very little margin for error ant senate has no margin for error and joe manchin in particular said he won't support adding paid leave back into this proposal as pelosi indicated which means they will go on for more negotiations in the senate to try to get a bill that can get joe manchin's support and the rest democratic connection to send that back to the house and a final action right not happen until thanksgiving, after thanksgiving, potentially up to christmas and this process is not over despite the speaker's push for the key vote tonight. we'll see if she can get there. >> there are democrats that don't want to have to take this vote twice which would happen if the senate sends them back, a new bill after he found this bill. manu raju thanks for that play. let's bring in congressman henry cuellar of texas. last night you expressed concerns of the speaker adding back in paid leave on the build back better bill because of manchin's opposition to it. the speaker moving forward and the vote as soon as tonight and how are you going to vote? >> i certainly want to go ahead and move the ball forward but there was a promise made to us that we wouldn't move the bill without the 50 votes in the senate. that was an agreement made and it's unfortunate, that you know, this is happening right now but i still want to most ball forward. there's still concerns that some of us have, for example, on the methane fee, there are epa regulations that i think can handle that and there's some in zut texas and members of cox and i wish we wouldn't do the ping-pong, senad is going to make the changes. we support build back better but we want to moderate it and not have peel take votes that they don't have to make. >> how do you feel about senator joe manchin and your colleague in the house called it offensive that senators manchin and sinema have had such power. do you find it offensive? >> i call joe manchin a friend of mine and kyrsten sinema a girlfriend of mine. they are members of the senate with one vote and it's a 50-vote democrats that we have there. i don't call that offensive. it's just the nature of legislating and in the house we have a three-vote difference in the senate. we don't have a difference. every vote sounds. my friend joe manchin and kyrsten sinema, i do communicate with them. they will do what they think is best and that's part of the legislative process. >> the original goal was to move legislation that that everybody agrees to. some say it's important to pass the build back better bill in the house because then you can go to the constituents and say i voted for these measures. do you agree with that approach? >> we agreed we would not pass this bill without 50 votes in the senate. you can ask what happened in virginia. i want to see some points scored that are important to the american public. build back better is very important and the bipartisan bill that's been held hostage. that have you had have passed a long time ago. building our roads, bepenned, an easy win that terry mcauliffe and others wished they would have seen. this is what we're facing right now and hopefully we can pass boat of them. part of my job, some things should have been mod rated. what senators are doing over there which is moderating what we're looking at. the final product is going to be moderated. this is something that myself and other folks have worked very hard to do. >> yes or no, if the vote happens tonight, you'll vote yes, is that right? >> still continuing on trying to get some things changed and anything that affects the energy industry i do have a problem with, but looking at the possibility that we'll change some things in the senate oil vote to move the bol forward. >> thank you so much for joining us. appreciate it. food prize up, gas prices up, know it. all of us are feeling the pinch of inflation right now and the federal reserve chairman jerome powell says relief may still be a year away so now the fed is wiped willing down its pandemic era stimulus measures. here to discuss what that moans for you is mark zandi. i don't want to get wonky here. will the fed's latest move help or hurt short term. >> neither, ana. this is telegraphed. investors have been said that they take their foot off the accelerator and they did it. markets took it in stride and the stock market is still at a record high. long-term interest rates didn't move so i don't think this is a big deal for the typical american. it's the start of a process and normalization of a monetary policy as the country and i don't think that means much. >> which probably is in good news for a lot of americans who feel like these price hikes are a big deal. treasury second janet yellen said inflation is high but it's not as bad as 1970s. that is cold comfort to americans who see their dollar shrinking. when could they see relief by members of the fed or otherwise? >> i think it goes to the pandemic. the pandemic has really scrambled global supply chains in part because this is a global problem. not people getting sick here but people all over the world, particularly in asia, southeast asia where a lot of supply chains begin. it scrambled the labor market. you know. a lot of people got sick because of the delta variant and couldn't go to work or had to stay home to take care of sick people or fearful of getting sick so to get inflation back down to something we're more comfortable with requires that we get to the other side of the pandemic, you know, that the infections don't do the same kind of damage that the delta did. now, feels like we're moving in that direction, you know. more poem are getting vaccinated and it feels like the delta wave is starting to wind down and hopefully the pandemic will continue to move in the right direction and if it does i think -- the problems in the supply change will iron themselves out and inflation will start to moderate but as fed chair powell said that's not going to happen next month or quarter, this will be a bit of a process, probably not until this time next year. >> what about gas prize? is that still going to be a huge issue? is that in the same boat as these other issues ? >> it's very much related, but i think we're seeing the worst of the higher oil and gas line prize right now. what's happened, is you know, demand has picked up. the economy has reopened. we're getting back to work and so we've seen a significant pickup in demand for oil, but the supply of oil has not kept pace, particularly oil produced by countries overseas. opec, so-called opec producers so you have an increase in demand and not enough supply and prices have jumped but, you know, at these higher prize, producers can make a lot of money so they can ramp things up and i would expected to see more supply come on and so i think we're at the worst of the oil prices and gasoline prices, and i do think by early next year, certainly by the spring, they will begin to mod rate, so, you know, it feels really uncomfortable. >> yeah. >> i was looking at gasoline at about $3.50. that's pretty high. i expect it to be back closer to the spring by the spring and back closer to $2.50 a year from now. >> that sounds good because last year it was 2-12 at this time and now we're approaching $3.50 a gallon. always appreciate your expertise. >> a federal judge throwing serious water on trump's request for keeping his documents privileged. and next analyst who contributed to the infamous steele dossier that contained unproven claims to trump's ties to moscow, more on this, and the white house unveiling a new deadline for millions of american workers to get vaccinated. you're live in the cnn newsroom. stay right there. is a mouthwateg explosion of yes. craft? 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(vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. we strip in the community garden. i've been stripping here for years. i strip before take-off. breathe right strips open your nose for relief you can feel right away, helping you take in air more easily, wherever you are. right now a critical hearing involving the investigation into the january 6th capital attack is under way. this pertains to documents that former president trump wants to keep secret from the house select committee. the judge set to make this decision is expressing skepticism about claims being made by both sides. evan perez, what exactly are we hearing from this judge? >> from this judge right now we're hearing a lot of skepticism about the climbs that the former president and his legal team are making. they say the type of documents we're talking about, call logs, notes that were taken by his former chief of staff mark meddo, white house lawyer during the key days around the time of the capital attack. that those are exactly the tape of things that are meant to be executive privilege but the judge took this -- took issue with this and said that these are government works and seemed to have a lot of skepticism that this is the kind of thing that should be protected by any kind of privilege whatsoever since the current president did waive privilege ton though she did think that some of the requests were alarmingly broad. she did not rule but whatever she rules is going to be appealed by either side. >> when will she rule, do we know? >> we don't know exactly when she will rule. did seem to have her mind made up. another story we're following is the russia investigation and a federal grand jury just handed down a new indictment. what was in a? >> five charges of false statements to the fbi and these are files against igor dan cheongo. he was a prime substores to forrister steele that alleged that donald trump was compromises by the russians and among the salacious things that he passed an on became part of the dossier was the pea tape. you can google more details about that in you want. but this is the kind of thing that has been at the center and the skepticism and the russian investigation claiming that the dossier was full of lies and he's always said that none of these things were true and now john durham, the special counsel appointed by bill barr to look into the russia investigation, he's now brought these charges and now the third person he's charged as part of this investigation. >> evan perez, thank you very much. with us now is norm eisen, former counsel to house democrats during the first impeachment trial of president trump and also the former white house ethics czar. good you have to here. circling back to the documents and the hearing under way right now involving former president trump trying to shield certain documents from the january 6th committee, how do you read the judge's comments? she seemed to have criticism for both sides here. ana, thanks for having me back. thought she was far more skeptical and critical of president trump's claims of executive privilege. she did have some tough questions for the house of representatives but they had good answers, ana. on the -- on the challenge to president trump she made the point, look, you're no longer, sprump no longer the president. the current president says these documents should be released, isn't that it the end of the yaert. that's correct as a matter of law. that's the basis of her decision. she said she would be expedition and she brushed aside claims that there was kind of an injury that would justify the preliminary relief that the president wants. on the side of the house of representatives, she said, hey, how can things like polling data from april 2020 be relevant, but house lawyer, the very capable doug leader said he had an answer to that. that goes to what the president was thinking, doing and planning that led to his incitement of insurrection. she might trim it back a little bit but it seems like she's going to order the vast majority if not all of these documents produces. >> this judge seemed critical of the process as well, criticizing and a request for the judge to look at every single document one by one. that could take years. she gets trump's game. after four years in office and now oning this play again out of office it's delay. he wants to run out the clock. doesn't matter if he loses. almost always loses in the end. she gets that and she seems like she's not having it and her last words i'll rule expeditiously which must have sent a chill down the spib of the president and his former lawyers and if it turns out as we feexpect is will go on apoel and the court must need to state matter. don't fall for trump's delay game. >> one of the things that we've learned that has come out of these documents or would be turned over to the house should it had go in favor of the committee is there's three handwritten notes. three handwritten knows and two pages lifting briefings which seems so crucial to investigators so if they try to keep the documents secret, how quickly if we're on the fastest timetable could this move. >> if the government is going to turn over nara, turn over the documents at the end of the week nest week unless there's a stay. we'll get something very fast and then the judge needs to decide if she will give a decision on the claims. then it will be up to the d.c. circuit where meritorious cases can go to die. it's so slow and incumbent for the stake of our democracy because this inquiry is so important that the congress does not allow. they must not be allowed to-degree their heels here and that's where the battle will go next. thanks so much for your perspective and expertise. >> thanks, ana. time is running out for private companies to comply with a new vaccine requirement. when workers are required to get their shot next. of brain perfo. more brain performance? 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>> you know, i think a lot of businesses have been waiting for the specifics. this gives businesses time to ramp up if they haven't already about putting plans in place. who is going to pay for the tests and how will they track testing results but let's be really clear about how important and effective this mandate is going to be? you need a carrot which is not getting sick if you get vaccinated but clearly for a portion of americans, you also need the stick which is if you don't get vaccinated you don't get to keep working at this job. we've seen already the efficacy of mandates, ana, in companies ranging from united airlines to health care organizations across the country to of course, tyson which makes so many of our chicken products. i wish the deadline from the federal government were a little earlier, but i'll take january had the. it's better than nothing. >> i'll have to get your take on a controversy that's developed in the nfl. green bay packers quarterback aaron rodgers testing positive for covid according to multiple reports and now espn is reporting that he is unvaccinated. in august when asked rodgers said he had been imnewsed. it's reported he tried a homeopathic option instead of an actual fda-authorized vaccine and yet he has participated in press conferences, indoors, unmark offed in violation of nfl rules. how big of a deal is this? >> i have more questions than answers at this point. did he really believe that immunized with a homme pathic remedy was the same as vaccinated? did the backers know he wasn't vaccinated and let him flout the protocols or did he lie to them, and what is the nfl's response going to be? at the end. day the takeaway is the vaccine works. other strategies don't, and my other takeaway of course is go bills, go josh allen for actually being vaccinated. >> i say go broncos. doctor, always good to see you. thank you. >> thank you. right now the issue of race is talking center stage in two consequential trials. in one a judge citing discrimination in jury selection and in the other a juror booted for telling a very unfunny joke. that's next. ♪ three times the electorlytes and half the sugar. ♪ pedialyte powder packs. feel better fast. ♪ ♪ 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. ♪ listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100. bring out the bold™ ♪ happy so happy ♪ ♪ let's hit the open road ♪ ♪ camp without a tent ♪ ♪ talk without a phone ♪ ♪ kick off your boots ♪ ♪ cook something new ♪ ♪ the meeting just started ♪ careful you're on mute. ♪ catch a snuggle bug ♪ ♪ warm-up your buns ♪ ♪ bring your friend dave and the only song he knows ♪ ♪ host a movie night ♪ ♪ get your zen on ♪ ♪ nice to feel at home ♪ ♪ everywhere you go ♪ as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ wealth is breaking ground on your biggest project yet. worth is giving the people who build it a solid foundation. wealth is shutting down the office for mike's retirement party. worth is giving the employee who spent half his life with you, the party of a lifetime. wealth is watching your business grow. worth is watching your employees grow with it. principal. for all it's worth. a nearly all-white jury has been selected in the trial of three men accuse of murdering aorbury, the black man killed while jogging in georgia. the judge says he sees intentional discrimination in the panel of 11 white members and only one black member, but he is still allowing this case to move forward. cnn's amara walker joins us now from brunswick, georgia, where the jurors are set to report for this trial tore. amara, only one black juror here. ahmaud arbery's mother called this devastating. why did the judge allow this trial to move forward? >> well, aprila, it's interesting because the judge seemed to side with the prosecution when he said that it appeared to be -- there appeared to be intentional discrimination. those were his words as most of the potential black jurors were disqualified from this process, but at the end of the day he ended up ruling the defense had met its burden by giving legitimate and non-discriminatory reasons as to why they were striking these job, but the judge also acknowledged, look, he to basically work within the bounds of georgia law. during this two and a half hour become and for the we saw the state putting its foot down saying the removals had to do with race. defense saying absolutely not. it had to do with the potential juror's existing opinions about aari's murder. ana, over the past two and a half weeks what we've seen has been quite extraordinary starting with this really drawn out jury selection process that is supposed to last about a day or two, and the jury's racial makeup in what has become a racially charged case is really hang over this trial now. when you look at it. you have 12 jurors right including four alternates but among the 12 jurors 11 as you said are white and just one is black, an they will be deciding whether or not the three white men are guilty of murdering ahmaud arbery while he was jogging through this residential neighborhood outside of brunsik j.as prosecutors say when he was shot and killed with the shotgun. as you would imagine, the reaction to this nearly all white jury has been quite swift and strong. listen. >> there's so much wrong with what has happened in this trial. it has been racialized from the beginning, and we want people to understand. have you ever been a member of black lives matter or have you supported black lives matter? have you run with or had sympathy with those running and all those were fatal to black jurors and we actually said the question that was used against black jurors yesterday to strike them. >> a lot of passion and anger there. that was the attorney with the transformative justice coalition. she has been in court every day with ahmaud arbery's father. as you were mentioning, ana, the jury has been told to report for the trial to begin tomorrow morning at 9:00 but that could change depending on what decisions are made on these motions that are happening now. >> keep us posted. thanks. for more let's bring in former legal analyst and federal prosecutor jennifer rogers. in a county that's 27% black, how does one black juror happen? >> well, what happens is both sides are given peremptory challenges where they are allowed to remove jurors without a reason at all and then if one side thinks the other side has abused those challenges, has in fact used them because of race and not because of an allowable reason they are allowed to make a challenge and that's what happened here. the prosecutor said that defense lawyers had actually been removing people for race and not for a permitted reason, and so the judge heard more than two hours of argument about this. all that the lawyer has to do to survive a challenge like this is to show any non-discriminatory reason, so for one person it might be that they didn't like their answer about, you know, what they think about technology in trials or, you know, that they knew something about the case that wasn't enough to get them removed for cause but gave the lawyers pause, so all there has to be is a non-discriminatory reason given and then the judge is supposed to allow the lawyers to use the peremptory challenges the way they want to. that's the way the system here. judges are risk averse and if they lean over backwards to support the defense's point of view which is what happened here they are much less likely to have a problem on appeal which is why judges usually do thing which i saw the ruling come out the way that it did. >> yet where is common intelligence all of this, because there are obviously racial overtones in this case that's before the jury. at the very least why isn't there a requirement for the jury to reflect the racial makeup of the community? >> well, there's a requirement that the jury pool reflect the racial makeup of the community, so, in other words, the people that you call in and about a thousand people were called in here, less than half showed up. so you do need to have racial diversity in that group that mirrors the community but there's no requirement that the jury chosen actually reflect the racial makeup of the community or look like the defendants. remember here the defendants are white, the victim is black and usually what the judge wants to do is protect the defendants' views. >> we note prosecution wasn't okay with the selection. you mentioned that there was a two-hour back and forth about that, but the judge ultimately accepted that saying the defense was able to prove that they had valid reasons beyond race to dismiss the other jurors. were the judge's hands tied, or did he have other options? >> the judge can always rule which ever way the judge finds. he could have found that they did not provide reasons good enough to convince hip and order that the jurors be sat. then you have a jury that's the defense has objected to and on appeal assuming they are going to say we had reasons for wanting to strike and the judge ruled against us and we want a new trial and then the judge is facing the possibility of having the decision scrutinized and if he goes ahead with the defense's view on this, that they did found some race neutral ground to proceed to strike those jurors, then, you know, he has no issues on appeal. >> okay. >> i think the judge when reying this is always thinking about what is likely to get me reversed versus what will just fly and that's the way the judge went in this case. >> jennifer rogers, thanks so much for being with us. >> thanks. there are also new developments in another big trial, this one out of kenosha, wisconsin are 18-year-old kyle rittenhouse is accused of killing two people and injuring a third during a protest in kenosha over alleged police brutality. now earlier today, the judge overseeing this trial dismissed a juror after he apparently told a joke, a joke, to a court deputy about the police shooting of jacob blake. >> talked quite a bit about public confidence and the outcome of the trial. it's clear that the juror's bias is present and it would seriously underminor the outcome of the case. >> he made a joke about shooting blake and why it took so many shots to shoot him, and it was the blake shooting in august of 2020 that sparked the unrest in kenosha. rittenhouse brought an ar-15 style rifle to a protest. his lawyers claimed he was attacked while trying to protect property than he fired his weapon in self-defense. listen to this. a sheriff's department in washington state is targeting new recruits in times square of all places and touting a $15,000 bonus. the spokane county sheriff joins us live next. you ready to go fishing? 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>> ana, i remember you working here in spokane, and this campaign we've been doing for about the last seven months, we're targeting areas and communities that have disrespected their law enforcement. the spokane county commissioners, the spokane valley city council last year drafted resolutions and passed them supporting their law enforcement, so we're out looking for good, qualified law enforcement officers from across the united states. we've targeted denver, austin, portland, seattle, and we'll be going to southern california next. so, it's a major drive to get people to come to work for the spokane county sheriff's office. we have 20 openings right now. by next year, we'll have another 20, so it's important for us to reach out and explore different ways to recruit individuals to come to work for the sheriff's office. we have a national problem in law enforcement right now, trying to get people to come to work in agencies, and that's why we're doing this drive right now. >> so, what kind of response have you gotten so far? >> we will have -- by the end of this campaign, the end of this year, we will have hired more people than we've ever hired. it's been a very successful campaign for us, and we have pulled officers from across the united states to spokane. they love the way the community respects the law enforcement. they appreciate the support they get from the community. and ana, as you know, spokane is a great place to live. >> it is. you have emphasized that your sheriff's office doesn't have a vaccine mandate, so i do wonder, are you targeting officers who don't want to get vaccinated and who are eager to leave because of that reason? >> actually, ana, that was emphasized by the local media. that's never been our drive. again, we've been doing this for seven months. i can't help that local jurisdictions pass mandates. we don't have a mandate here in spokane county. but for some reason, our local media decided to highlight that fact. it's never been part of our strategy. it just happens to be one of the things that we get asked a question quite often, do you mandate? and no, we don't. >> so, do you want the people who come to spokane -- obviously, public health is part of public safety, right, and we know vaccines save lives, and officers obviously have, as we've reported, have more officers have died of covid-19 since the start of this pandemic than gun violence. so, do you want these officers vaccinated? or do you want people who are unvaccinated? are you okay with that? >> again, that's going to be a personal choice for them. as for me, i am vaccinated. i've done multiple psas in our community, trying to get people to get vaccinated. i believe that the vaccine is a good thing. it will protect people from getting sick or possibly dying from covid. but one thing that we forget to realize is this is a personal choice that people make concerning their health, and i'm in full support of people making that choice. i just hope that they do the research. for me, it was pretty simple. i got vaccinated. i support being vaccinated. and i have done multiple campaigns trying to spread the word about getting vaccinated. so, no, we're not trying to hire people that aren't vaccinated, but we're just not going to mandate that. that's a personal choice. >> so, are you critical of the departments or sheriff's offices that do mandate it? >> we don't have any sheriff's offices that are mandating it, and that's up to their elected officials. i disagree with that approach. i can tell you that these mandates have severely hurt my efforts to get people to get vaccinated. people really -- >> with all due respect, sheriff -- >> people are angry about that. >> with all due respect, here in new york where there is a mandate, at last check, 85% of the nypd have gotten vaccinated. in part because of the mandate. do you know what percentage of your deputies, of your office, your department are vaccinated? >> we haven't asked that question. and again, it's a personal choice, and again, i am vaccinated. i support being vaccinated. and we try to get people to get vaccinated, but again, that is a choice. >> why do you think people here in new york or some of these other jurisdictions would be willing to take a big pay cut to come to your jurisdiction? >> well, the pay cut, i'm not sure that they would be taking that big of a pay cut and the cost of living here is a little bit less than there it is in new york. so that would be very attractive. plus the fact that this community does support their law enforcement and that's what a lot of law enforcement professionals from across the united states are looking for. >> then why do you think you're having a hard time recruiting people there in your area? >> sorry, ana. i didn't catch that. >> why do you think -- if -- i agree with you. i love spokane and the surrounding community. i think so highly of it, warmly of it. again, going back to my own time there. but why do you think -- if what you're saying is true, if this is a community that's welcoming their law enforcement officers, why are you having such a hard time recruiting, then, that you have to reach out across the country to try to pull in somebody from the nypd? >> i guess you're missing the point here. we're attracting lateral officers, experienced officers. if i hire lateral officers, i get them on the street a lot faster than a new hire. saves the community money. and it gives me a balance of experience within the agency. so, that's one of the issues that we're looking a. wt. we're looking for experienced, well-trained officers. >> sheriff ozzie knezovich, i appreciate you taking the time. good luck in your recruitment. appreciate it. >> thank you. that does it for us today. thank you so much for joining me. don't forget to follow me on twitter, @anacabrera. the news continues next with alisyn and victor. -- captions by vitac -- www.vitac.com ♪ hello, everyone, welcome to "newsroom," i'm alisyn camerota. >> and i'm victor blackwell. it might happen this time. speaker pelosi -- >> are you sure? >> i'm not sure. but speaker pelosi says she may put up for a vote the build back better plan. this is at least the third time since september that this could happen. that's a social safety net package. sources say she had hoped to do it tonight, that a vote with a bipartisan infrastructure bill tomorrow. now, just a short time ago, the speaker announced that a nonpartisan committee has validated that the $1.75 trillion package will be paid for. the latest version of the larger bill includes family paid leave, medical leave, which had been scrapped earlier. >> now, adding it back

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