on president joe biden's agenda. a vaccine deadline. the white house sets a date for workers at large companies to be vaccinated or get tested weekly. some states are preparing to fight it. and the trial of three white men charged in the killing of ahmaud arbery, a black man, begins in a matter of hours. >> announcer: live from cnn center, this is "cnn newsroom" with kim brunhuber. after months of haggling over u.s. president joe biden spending plans, could today be the day house democrats finally get it done? leaders say the house will vote on both the build back better plan and the infrastructure bill today. a handful of moderate democrats had been refusing to move forward without clear estimates of what this is going to cost. u.s. house speaker nancy pelosi isn't it forward with funding. the increase would be $5 trillion over ten years, not including additional savings from prescription pricing and enforcement. she goes on to say, the white house has provided us with a preliminary budget estimate, noting the legislation reduces the deficit $36 billion over the first ten years and $2 trillion the secretary ten years. so, these votes are the center piece of president biden's domestic agenda and they have been long delayed. frustration over all this inaction likely resulted in crushing defeats for democrats in elections. cnn lays out the next steps in getting it passed. >> reporter: house leadership saying friday is the day when the house will vote on president biden's two key agenda items. the build back better act and also the bipartisan infrastructure bill. the news coming late on thursday after hours, really a full day of last-minute negotiations as they try to put the bow on these final details. one outstanding issue that was resolved late in the night was state and local tax deductions. that had been an outstanding issue. two additional things that still need to be finalized we're told are immigration and also five moderate democrats who want to get a score from the congressional budget office on the exact cost of this bill. but other than that, house democratic leadership says they are pushing ahead. they had hoped to get a vote on the build back better act on thursday. that just did not come to be. so, again, it is shaping up that friday is going to be the day. now, if the build back better act passes the house, it then goes over to the senate where it's going to take some time to go through all of that. of course, senator joe manchin has expressed opposition to some things that are in that house bill, and there could be others as well. as for the bipartisan infrastructure bill, well, that, once it passes the house, will go to president biden's desk where he will sign that into law. jessica dean, cnn, capitol hill. well, it's been a slow and tedious process to get to this point and democratic lawmakers are eager to get the two bills passed. congresswoman katy porter spoke with our chris cuomo. >> there is no doubt that we need to get these bills finished, we need to get them done, we need to ski what the senate does with them. but i think we are on a path to doing that and the end is coming very, very soon. literally, i think within the next 24 hours. and i am very, very ready as i know the american people are to get these bills passed. look, chris, people understand that debate and disagreement, whether it's within a party or between parties, is part of democracy. this is not the easiest form of government. but this is a form of government that we're committed to because we think it reaches the best results and gives the most opportunity for that debate that makes the best policy. >> and we'll have much more coverage on the upcoming votes ahead next hour on "early start." sources tell cnn that the house committee investigating the january 6 insurrection is expected to interview former justice department official jeffrey clark in the coming hours. clark was part of trump's inner circle and promoted falsehoods about the 2020 election. the former president is trying to block the committee from obtaining documents that could shed light on what he and others were doing that day. on thursday, a federal judge expressed skepticism about trump's claims of executive privilege. she told his lawyers, quote, are you really saying that the president's notes, talking points, telephone conversations on january 6 have no relation to the matter on which congress is considering legislation? the january 6 riot happened in the capitol. that is literally congress's house. while the committee has prepared about 20 new subpoenas and could issue them as early as today, republican liz cheney, the vice chair of the committee, tells cnn that more than 150 people have been interviewed so far. many u.s. employers will have to start enforcing a vaccine mandate on january 4th. the white house announced the deadline thursday, which applies to any business with at least 100 employees. certain health care workers and federal contractors. it means employees must be fully vaccinated by that date or have a negative covid test once a week. officials said the new rules preempts any state or local law that would say otherwise. it affects tens of millions of workers which the u.s. labor secretary says will make them safer on the job. >> what this standard is, it's a process of getting people vaccinated. and if people choose not to get vaccinated, they get tested. it's that simple. and we want to make sure that we keep american workers safe in the work places. some of the folks that aren't coming back to work are still in fear of the virus and we want to get as many people vaccinated and people that choose not to get vaccinated, making sure we know people are safe and not bringing coronavirus into the workplace. we've seen many companies in america that have brought in the mandate. they have 8355 to 90% of their employees vaccinated already. woe want to encourage people to get vaccinated. if they're not going to get vaccinated, we ask they get tested. in the workplace when they're around other people wear a mask. this isn't a mandate. it's how to get the american work force safe. president biden announced this in september, asked osha to come back with a standard. with he came back with a standard today and that's what we're going to move forward on. >> earlier today jake tapper spoke with chief medical correspondent dr. sanjay gupta. he asked how effective this could be in getting people vaccinated. >> they can be very effective. there's been examples, there was some thousands of police workers in new york that were expected to essentially no longer be working by november 1st because they would not abide by mandates, and so far the number is 34 people who have taken unpaid leave. united airlines, they put in vaccine mandates, and they had some 59% of their work force vaccinated before the mandates. now they're close to 99%. so it makes a difference. it's unfortunate that that that is what the response has to be in order to make this happen, but we see it in the health care world as well. jake, i think you and i talked about this pre-pandemic with flu shots, for example. across the board, you look at health care workers who have been vaccinated against the flu, it's around 80%. but if you break it down in terms of where you have requirements, close to 94, 95% in those places. 70% if you don't have requirements. so it makes a difference. you'd think people would do it on their own because these vaccines are so effective, but this will make a difference. >> several states have already filed lawsuits against the biden administration to stop the mandates. among them, indiana, illinois and mississippi filed suit on thursday, saying the mandates would have widespread implications across the states. both georgia and alabama filed suit earlier claiming the mandates to be a federal overreach. and florida says it plans to take swift legal action as early as today. in europe, a chilling warning about the covid surge on the continent. the world health organization says europe and central asia could see half a million new deaths by february. that prediction comes as some countries are reporting record numbers of new cases. nina dos santos joins us from london with more. so, nina, tell us how bad the situation is overall, and what are the worst hot spots? >> reporter: as you heard, the w.h.o. very much warning that europe is now the epicenter of this fourth wave of the coronavirus. some countries being hit harder than others, but the underlying problem essentially in a number of countries is the fact that vaccine uptake has been patchy in some parts of western europe, and there's been a hefty amount of vaccine skepticism and vaccine hesitancy in parts of eastern europe as well. and the real concern is that this is going to allow the virus to get a foothold to continue to circulate at a time when, of course, the winter flu season is almost upon us. and that could overwhelm some health care systems. this is the pressure point that germany is facing. the health minister over there warning that the vaccine slow uptake in some parts of the country is a real concern at a time when they're seeing, as he put it, a massive wave of coronavirus infections in germany. and also in greece, a country that in the e.u. had fared the early stages of the pandemic quite well. they're back up at record numbers with daily infection rates three days in a row being above 6,000. all in all, the countries that represent the europe and central asia region for the w.h.o., 53 countries, they said were responsible for around about 59% of new cases globally. about 1.8 million cases registered just the last week in this region. you can really see there are concerns here this is where the virus is starting to circulate at a time when, of course, the restrictions like mask wearing and social distancing have been relaxed in many european countries. now we know that some european nations are starting to repeal that. latvia recently announced a state of emergency because of a rise in coronavirus infections. the netherlands is implementing mask wearing yet again. so this is the type of situation that the w.h.o. is warning about at a time when i should also point out there's big disparities between the vaccine uptake and rollouts even among western european nations. spain, for instance, has vaccinated 80% of its population when it comes to take up in france, only 68%, and 66%-plus in germany. so there's discrepancies there, and this is where the w.h.o. is particularly worried about warning, others you said before, that we could see half a million deaths by february if things continue on this trajectory. >> yeah, a troubling trend and a warning for those of us here in the u.s. nina dos santos, thank you very much. appreciate it. in britain there is more hope on the horizon for some covid patients. the uk is the first country to approve an antiviral drug for covid that comes in a pill. the british health secretary calls it a game changer. developed by merck, it can be used on adults with mild and moderate covid who are at risk of developing severe disease. merck says it cuts the chance of hospitalization or death from covid by half. the pill is currently under consideration by u.s. and e.u. regulators. the funeral for general colin powell, the first black secretary of state, will soon be held in the nation's capitol. powell will not only be remembered for his years of service to his country, but the trail blazing leadership that shaped foreign policy for decades. he passed away of covid complications while battling cancer last month. he was 84 years old. powell's funeral will be held at the washington national cathedral at noon. eulogies will be given by former secretary of state madelein all bright, former deputy secretary of state, richard armitage and his son michael. cnn will have special coverage with jake tapper and wolf blitzer. still to come as rebels advance toward the ethiopian capital, armed opposition groups are coming together to unite against the prime minister. that's ahead. plus, accusations of racial bias after an almost entirely white jury is seated. the judge says the jury should stay intact. find out why after the break. please stay with us. to 50% morore lotion pupuffs bring soothing softness and relief. a nose in need deserves puffs indeed. with mucinex nightshift you've got powerful relief from your worst nighttime cold and flu symptoms. so grab nightshift to fight your symptoms, get your zzz's... and get back to your rhythm. feel the power. beat the symptoms fast. facing expensive vitamin c creams with dull results? olay brightens it up with new olay vitamin c. gives you two times brighter skin. hydrates better than the $400 cream. there are mounting calls from international leaders for de-escalation in ethiopia's rebel fighters advance on the capital. the rebels say they could march on addiss a ababa in weeks. cnn's david mackenzie is following the story from johannesburg. david, bring us up to speed. what's the latest? >> reporter: well, kim, that alliance that they have announced, both the o.l.a. telling cnn that one of the rebel groups and an official statement could be significant. it's too early to tell, but what it does mean is the different regional groups, at least on paper and in the diaspora, are saying they are willing to form an alliance to what they say is to save ethiopia. and push against prime minister abe akhmed. that means the prime minister is more fully under pressure, both politically and militarily. you had those dramatic scenes of rebels on two fronts, closer to addiss than they've been in the capital for many months. and that really created a scenario of a emergency declaration in the capital, potentially to round up opponents without due process in addis ababa, and a feeling of panic potentially among some of the diplomatic corps. now, there is a pause in the push. the t.p.l.f. from tigray and o.l.a. from around the south, both telling cnn they don't plan to move on the capital immediately, but they've kind of made their statement at this point. they are going to apply a great deal of pressure and the threat of moving onto the capital to try to push abe out. meanwhile, the special envoy for the horn of africa from the state department is in town in the capital to try and negotiate some kind of peace agreement. the chances of that are relatively slim, but the fear is that this could all descend into full-blown civil war and more chaos, though repeatedly the government has said that these calls for peace are important, but the feeling of an impending chaos is alarmist. kim? >> all right, we'll keep following this story. david mackenzie, thank you so much. appreciate it. now, to dramatic testimony in the homicide trial of kyle rittenhouse, the teen gunman who shot several protesters in kenosha, wisconsin after police shot a black men. two of the men rittenhouse fired on died. conservative website testified thursday and described an interaction between rittenhouse and one of the victims, joseph rosenbaum. >> i realized that mr. rosenbaum was continuing to advance, and that mr. rittenhouse was standing still. it wasn't clear to me whether the weapon would be grabbed or fired or what exactly was going to happen. but it was clear to me that it was a situation where it was likely that something dangerous was going to happen. >> on thursday, a juror was dismissed for telling a deputy a joke about the black man shot by police in kenosha, jacob blake. opening statements will begin later today in the murder trial of three white men accused of killing a black jogger in south georgia last year. after a long and grueling process, a nearly all-white jury was selected to hear the case sparking outrage and accusations of racial bias. cnn's martin savage reports. >> reporter: outside the courthouse in brunswick, georgia, reaction to the overwhelmingly white jury ranges from disappointment to outrage. >> no justice. >> no peace. >> reporter: 11 white jurors and one african-american will decide the fate of the three white men accused of killing the 25-year-old black man ahmaud arbery while he was out jogging. the jury chose englund at the end of a grueling 2 1/2 week selection process that had originally summoned a thousand residents drawn from a county where a quarter of the population is black. >> we are very pleased that we have been able to select now 16 members of this community. >> reporter: the revelation immediately drawing emotion from the prosecution, suggesting the defense's decision to remove eight african americans from jury consideration was based solely on race. >> african-american jurors made up one quarter of the jury panel. but the actual jury that was selected has only one african-american male on it. >> reporter: defense attorneys vehemently denied that, arguing black potential jurors were removed because they didn't believe they'd be impartial. the judge at first seeming to side with the prosecution. >> this court has found that there appears to be intentional discrimination. >> reporter: but ultimately ruling based on the defense's statements, the case could go forward with the selected jurors. >> they have been able to explain to the court separate from race why those individuals were struck from the panel. >> reporter: the case has been racially charged from the start with the three white men a kutzed of pursuing and killing the black man of jogging through their neighborhood in 2020 suspecting he committed a crime. an armed gregory mcmichael and his son travis chased an unarmed 25-year-old arbery in a truck, instructing him, travis mcmichael shot arbery three times with a shotgun. their neighbor william brian, authorities say, joining the pursuit, recording the incident on his cell phone. it wasn't until two months after the shooting when the video was made public that the men were arrested. all three of the defendants have entered pleas of not guilty. and there was a surprise at the end of the motions hearing on thursday. the judge announced that one of the jurors from this already controversial jury was leaving. the reason he said was due to a medical issue. the judge pointed out it was not the african-american juror, but instead a white female, and that that white female would be replaced by another white female who happened to be alternate number one. but what this means is that just as we go into the most difficult part of this trial, there are now only three alternates instead of four. they can't afford to lose too many more. martin savage, cnn, brunswick, georgia. commitments to phase out fossil fuels could prevent a global catastrophe, but only if countries stick to their promises. we'll have the latest from glasgow just ahead. plus scenes like this happening on u.s. commercial flights and prosecutors are going after some of the unruly passengers. we'll have the story coming up. stay with us. for people who could use a lift new neutrogena® rapid firming. a triple-lift serum with pure collagen. 92% saw visibly firmer skin in just 4 weeks. neutrogena® for people with skin. learning about our history with ancestrydna®, inspired us to learn more about our culture and where we come from. ...here? ohhh my god. it told us, almost to the t, where we come from, where our mixture is. ♪ i'm very proud to be indigenous to zacatecas. that's our history, our little legacy. discovering things that were a mystery, that's what ancestry® did for our family. ♪ moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinally yasso!ing. a ridiculously creamy, crunchy, chocolatey dipped ice cream experience with 25% less calories because it's made with greek yogurt. so, thanks for everything ice cream, but we'll take it from here. yasso audaciously delicious welcome to "cnn newsroom," i'm kim brunhuber. if you're just joining us, let me bring you up to date with our top stories this hour. democratic lawmakers in washington say they'll vote today on president joe biden's agenda. the infrastructure bill and the build back better plan. the white house has announced a january 4th deadline for large companies to either have their workers vaccinated or take weekly covid tests. the number of states planning to fight against it, we'll have more on these stories on "early start" at the top of the hour. international agreements reached so far at the cop-26 climate conference could keep global warming below 2 degrees celsius, and avoid the worst impacts of climate change if all those pledges are actually kept. the head of the international energy agency says 1.8 degrees above preindustrial levels is within reach. the arctic is already in crisis and brought a 4-ton block of greenland ice sheet to glasgow to drive the point home. the massive dpglaciers are seco only to antarctica. sea level would rise 20 feet if they melted. cnn's phil black is covering the cop-26 conference and joins us from glasgow. phil, some big announcements on energy. take us through the highlights. >> reporter: kim, some announcements and deals that really do seem to signify a shift in the way countries are thinking about the need to move off fossil fuels. 20 countries pledging to no longer use public finance to back fossil fuel projects abroad. this includes not just coal, but oil and natural gas as well. and now 46 countries in total have pledged to transition away from coal-fired electricity in the coming decades. this is good, but not quite good enough. there are weaknesses to these deals. for example, the finance arrangement does not stop countries from subsidizing those fuels within their own borders. and the pledge to move a wei from coal does not include the biggest users of coal. the united states, china, india, for example. so, good but not quite good enough is in many ways how you could characterize much of the pro progress that has been made at this conference. it is really distilled by that figure you just mentioned, 1.8 degrees. that is the predicted rise in average global temperature according to the international energy agency if you factor in all the progress that has been made at this conference. on one hand it is hugely positive because going into this conference, the united nations said we were on track for 2.7 degrees of average global warming, which is a climate catastrophe. and this is the first time that there has been a credible estimate that suggests we would achieve something below 2 degrees of global warming. but the goal is 1.5, and as it stands, that is still significantly off track. and where the gap is is in the short-term commitments. what countries are prepared to do this decade in order to dramatically reduce their emissions, kim. >> all right, thanks so much for your reporting there in glasgow, phil black. appreciate it. the rising cost of fuel is affecting countries all over the world and that has ripple effect as residents pay more for gas, they also pay more for everything that depends on gas. in an effort to lower prices, mexico's president created a new and controversial government-run oil company. cnn has the details. >> reporter: on a recent morning in mexico city, people lined up for what has long been a monthly ritual, filling up their lp gas tanks. like many mexicans, alejandra complains about how expensive lp gals has become. it affects all of us mexicans. lp gas is very expensive, but we still need to buy it, she says. i'm spending twice as much as before, this man says. how far is this going to go, this woman wonders. according to figures by the mexican government, lp gas increased by more than 20% since september 2020 to the same month this year by comparison. inflation went up 6%. in fact, analysts with the country's central bank say typical price increases of certain products may be explained by global factors including the price hike in this fuel. president andres lopez acknowledged over the sanctumer the price of lp gaz has risen well above inflation which breaks a campaign promise. his solution has been controversial. ♪ the president created welfare gas, a new lp gas company under pimex, mexico's oil-run company. he says there are only five big companies that supply lp gas to almost half the country, companies that according to the president operate with very high profit margins. analysts say the problem is not lack of competition, but a high global demand that has caused prices to spike everywhere. >> all the increases are a consequence, direct consequence of the global situation which supply and demand. >> reporter: at the end of august, the mexican government announced with great fanfare the first trucks had begun delivering the fuel in a lower middle class neighborhood in mexico city. but as if to prove president lopez obrador wrong, the company went up 11% in the first month of operation, even higher than some private providers. and the problem is the ripple effect that high lp gas prices are having throughout the mexican economy. even in staples like tortillas. back at the lp gas tank exchange depot, alejandra hopes the president's idea can make a difference, but has a wait and see attitude. there's a lot of talk, but no results, she says. as she puts the full tank in her car to go back home, she says all she hopes is that next month's trip for a refill won't leave her again with an empty pocket. rafael ramos, cnn, mexico city. the white house says the world's major oil exporters seem unwilling to increase supply as gasoline prices soar. president biden recently appealed to opec and russia to boost production, but received a flat no. u.s. officials say they are monitoring prices and will take unilateral action if necessary. cnn's eleni giokos has more from dubai. >> reporter: 50% of the world's oil ply decided to not increase production of oil. this is despite the push by u.s. president joe biden for them to increase the amount of oil in the market to alleviate the pressure on households and to ensure that the economic recovery is not derailed. now, what we have seen coming through is the opec nations say this is a balancing act and that they're happy with the current supply/demand scenarios. take a listen to what the energy minister in saudi arabia had to say. >> with regard to the u.s., yes, we have been having discussions at our levels, and we still believe that we are -- what we are doing is the right job. and the most convenient job. >> reporter: and the reality is this is a huge dichotomy between the conversations that are being had at cop-26 about committing to an energy transitioning to net zero and moving away from fossil fuels like oil. and then, of course, importantly, the fact that many people and actually the whole world is still reliant on the use of oil for energy needs, and it's very indicative of the energy crises that are currently playing out in europe and the united states as well. the reality is you can't just switch off the taps to oil, that there needs to be a transition. and for many of these countries that took such a hard hit during the height of covid-19 where oil prices dropped to below zero, some are trying to capitalize on the current revenue streams on an industry that's clearly going to come to an end in the next few decades if the climate agenda is something that countries do, in fact, stick to. now, what the u.s. could consider doing is tapping into their strategic petroleum reserves to try and alleviate some of the pressure in the united states, but still, this is a very difficult situation. the conversation between climate change agenda and the desperate need and reliance on oil. eleni giokos, cnn, dubai. u.s. economists are hopeful the october jobs report which will be released in just a few hours will indicate the nation's job growth is back on track. it will expect some 450,000 jobs were added to the economy last month. that would be a massive jump compared to september and august when hiring had been disappointingly low. economists say the decline of covid cases is likely playing a major role in the anticipated rebound. and ahead of the jobs report, the markets are, well, basically flat there. dow futures are down slightly. the nasdaq and s&p both up a little. well, cold temperatures are seeping into parts of the u.s. this weekend. meteorologist derek van dam has the latest. derek? >> we can say good-bye to the growing season across the southeast because we are starting off on a very chilly friday throughout this area. in fact, a frosty friday for many locations. the national weather service has freeze warnings, and advisories where you see the shading of blue and purple. just north of the atlanta region, but this includes nashville and little rock, arkansas. temperatures expect to flirt with the freezing mark overnight and below as well. the other storm we are monitoring is a powerful low pressure system that is going to develop right near the coast of the carolinas as well as the coastal areas of georgia and florida. lots of winds piling in from the northeast, so that will drive in some atlantic ocean waters. that brings the potential for some coastal flooding. that is why we have coastal flood advisories and warnings across the coastal regions of florida, georgia, and south carolina. something to monitor. one thing's for sure. this is going to be an impressive system as it slides to the north and east to the course of the weekend. it will bring heavier rain bands do this area for potential rain to the outer banks and florida peninsula. the pacific northwest, storm after storm after storm lining up once again, a very wet weekend in store for places like portland, seattle, all the way to san francisco. you can see the abundant moisture. we have rainfall totals 6 to 8 inches locally for some locations along the coast, with snowfall totals in excess of a foot for some of the higher elevations across the cascade. temperatures for the most part in the 50s across the eastern third of the country with the exception of south florida. you can see warmth starts to make a reentry into our forecast by the middle of next week. and derek van dam, thank you so much for that. now, some people saw an incredible show in the night sky this week. so here's a look at the dazzling colorful show that happened because of a geo magnetic storm. the southern lights seen from christchurch, new zealand, and the northern lights as seen from edmonton in canada. because of that geo magnetic storm caused by a strong solar flare, the lights were on full display at lower and higher latitudes than usual. all right. still ahead, the international criminal court says it will investigate alleged crimes against humanity in venezuela. know families of those killed or detained in anti-government protests are hoping it will finally get justice. plus, he is one of the best players in the nfl, but aaron rodgers won't be playing sunday. he reported ly tested positive for covid. while that is only part of the start of the story, we'll explain later. stay with us. new mucinex instasoothe. works in seconds, lasts for hours. re-entering data that employees could enter themselves? that's why i get up in the morning! i have a secret method for remembering all my hr passwords. my boss doesn't remember approving my time off. let's just... find that email. the old way of doing business slows everyone down. with paycom, employees enter and manage their own hr data in one easy-to-use software. visit paycom.com for a free demo. with xfinity home, you can keep your home and everything in it more protected. i can wrangle all my deliveries. thanks, hoss! and i help walk the dog from wherever. *door unlocks* ♪ ♪ well, i can bust curfew-breakers in an instant. well, you all have xfinity home, with cameras to home security monitored by the pros. *laughs* learn more about home security or get our self-monitored solution starting at just $10 finally yasso! a ridiculously creamy, crunchy, chocolatey dipped ice cream experience with 25% less calories because it's made with greek yogurt. so, thanks for everything ice cream, but we'll take it from here. yasso audaciously delicious shouts of justice and liberty are ringing out in venezuela after the international criminal court announced it will investigate alleged crimes against humanity by the maduro government. it's the first probe of its kind in latin america, and families of those killed or detained during anti-government protests are welcoming the decision. cnn's isa soares reports. >> reporter: for families mourning their lost loved ones, this moment couldn't come soon enough. we hope that he will make room to listen to the victims, that he will receive the hundreds of relevant complaints that exist in venezuela, and i insist that is why we are here. appealing to his good faith and asking him to meet with the victims. >> reporter: on wednesday the international criminal court announced it was opening an investigation into whether crimes against humanity were committed in venezuela in 2017. when the u.n. human rights office said they used excessive force to crackdown on people protesting nicolas maduro. they say more than 120 died and thousands more were arbitrarily detained. claims cnn hasn't been able to verify. her father, a former defense minister and retired general, was jailed for allegedly conspiring against maduro. he died of complications from covid-19 in a caracas prison. the u.n. human rights office called for an independent investigation and the release of prisoners who had been arbitrarily detained. wednesday, the i.c.c.'s chief prosecutor signed a memorandum of understanding with maduro and said the i.c.c. would establish the truth. >> i am fully aware of the fault lines that exist in venezuela, the geopolitical divisions that exist. we are not political. we are guided by the principles of legality and the rule of law. >> reporter: the i.c.c. opened a preliminary examination into the maduro government in february of 2018, and says this moves that investigation into the next phase. meanwhile, maduro says he respects the next step. >> translator: we respect your decision as a state, though we have made it clear we do not share it. we have signed an agreement that guarantees in an effective way cooperation, positive complementary, mutual support and constructive dialogue to reach truth and justice between venezuela with its institutions and the international criminal court prosecutor's office. thank you very much, prosecutor. >> reporter: this is the international criminal court's first full investigation into possible crimes against humanity in latin america, and even if it drags on for years, the families say the investigation is a step in the right direction to bring justice for their loved ones. isa soares, cnn. police in western australia have charged a 36-year-old man in connection with the kidnapping of 4-year-old cleo smith. the suspect appeared in court on thursday where he was charged with various offenses including forcibly taking a child under 16. police found cleo in a locked house nearly three weeks after she vanished from her family's camp site. officials released audio of the moment she was rescued. listen to this. >> we've got her. >> what's your name? what's your name? what's your name, sweetheart? >> my name is cleo. >> your name is cleo? >> police say they believe the suspect acted spontaneously and alone. prosecutors are coming down hard on some of the unruly passengers on u.s. commercial flights. coming up, how many people could face jail time for fighting on planes. stay with us. you feel a sense of connectedness and belonging right away. and our shirts from custom ink help bring us together. - [narrator] custom ink has hundreds of products to help you feel connected. upload your logo or start your design today at customink.com ever rushed to a doctor's appointment and thought: [whispers] "couldn't i do this from home?" only to get inside, where time stands still. 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[♪] did you know, you no longer need to visit a dermatologist to get access to top skincare ingredients? introducing dermageek featuring top dermatologist recommended ingredients and 0% fillers. dermageek's new detoxifying facial serum contains twice the amount of beta hydroxy acid. it delivers two times more exfoliation for brighter skin, with dermatologist tested levels of hydration. get top derm-ingredients at a fraction of the price. try the new dermageek skincare lineup, with a money-back guarantee. green bay packer superstar quarterback aaron rodgers won't be playing sunday against the kansas city chiefs. rodgers is out according to the coach. the network and espn says he tested positive for coronavirus, which means he wasn't vaccinated and it makes it all the more perplexing. listen to this. >> are you vaccinated? what's your stance on vaccinations? >> yeah, i'm immunized. you know, there's a lot of, a lot of conversation around it, around the league and a lot of guys who have made statements and not made statements, owners who made statements. you know, there's guys on the team that haven't been vaccinated. i think it's a personal decision. i'm not going to judge those guys. >> why he may be one of those guys. what does this mean now for the packers and their star quarterback? sportscaster and contributor bob kosta spoke with cuihris cuomo what rogers should be undergoing. >> he is not vaccinated. what happened, chris, is that at some point during training camp or just before, he petitioned the nfl to be listed as vaccinated. he had apparently sought some sort of homeopathic remedy. the nfl rejected that petition, so he has officially been unvaccinated the entire season, and the proof of that is that unvaccinated players -- and they comprise now only 5% of nfl rosters, unvaccinated players have to be tested every single day. vaccinated players are tested once a week. there are also other obvious protocols involving unvaccinated players. they're not supposed to travel on team charters. they have to get there separately. they're not allowed to leave their rooms forn any other reasons except team meetings when they're on the road. they have to be separated 6 feet in the locker room. and have plexiglass between them. they're supposed to wear a mask when on team facilities. the team had to know because they're testing him every day. >> now, cnn hasn't been able to confirm rodgers' vaccination status. we have reached out to the packers and rodgers's agent and haven't received response yet. pushing, shoving, punch being all happening more and more often on u.s. airline flights. but as the number of violent incidents approaching new records, prosecutors are starting to zero in on some of the suspected owe ffenders. cnn's pete muntean reports. >> reporter: the most egregious acts of in-flight violence are now being turned over to federal prosecutors. for the first time the federal aviation administration said it has sent the cases of three dozen unruly passengers to the department of justice. they could face up to 20 years in jail. >> that's what needs to happen. >> reporter: sarah nelson heads the association of flight attendants. flight crews have reported 5,033 unruly incidents this year alone. the faa has initiated enforcement in 227 cases. now it is asking prosecutors to put 37 of those passengers behind bars. >> we know this works. and the justice department just has to take action, put some people in jail and have people understand there are severe consequence if you act out like this on a blayne and put everyone in "jeopardy." >> sit down now. >> reporter: the faa says it has no tolerance for passengers who flow punches and shout down flight crews. the faa's newest plea to passengers aired first on cnn. the agency cannot bring criminal charges, but the justice department can. the ad shows the notice, offenders open when their case turns criminal. >> we're pulling out the stops. >> reporter: faa chief steve dickson says more federal investigators are meeting flights at the gate. last week police and the fbi were waiting in denver for the man now charged for allegedly punching an american airlines flight attendant in the face. >> the crews are there for passenger safety, and this is about a behavior that is not appropriate in an aviation environment and we need to get it under control. >> reporter: the faa and the d.o.j. just issued a rare joint statement on this. they say they are committed to working more closely. the association of flight attendants says this year's unruly passenger incidents are on pace to exceed all unruly incidents in the history of aviation. what's driving the spike? 70%, the faa says, are over the federal mask mandate. pete muntean, cnn, washington. india was all aglow on thursday to celebrate duiwali. cameras which may have contributed to the fog as people of different faiths in villages across the country took part in the festivities which symbolizes light over darkness. at the india/pakistan border, they left their weapons behind and exchanged sweets with soldiers from pakistan. great to see. thanks for joining us. i'm kim brunhuber. 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