pass both the bipartisan infrastructure bill and reconciliation bill by the end of the check. we'll talk to chuy garcia what the legislation means. in georgia, a mostly white jury will weigh murder charges against the men accused of killing ahmaud arbery. we'll have reaction to the jury selection from arbery's family. in abull, footage showed a child present just two minutes before the u.s. launched a drone strike back in august. any moment on capitol hill top u.s. health officials will be testifying before congress on the future of the national covid response. this as parents line up to get their kids vaccinated for the first time, a key milestone in moving this country out of the pandemic. here's what president biden had to say about the development. >> we'll do everything we can to make them easily available and raise the importance of getting vaccinated. parents of children ages 5 and older, please get them vaccinated. >> joining us our team of nbc news correspondents, also with us dr. yvonne maldonelle from stanford university school of medicine, leading the division of pediatric infectious diseases. she was the lead investigator for pfizer's covid vaccine trials for children but we should note she does not work for pfizer. garrett, let me start with you. tell us what we can expect from the hearing and what questions lawmakers might be asking. >> on the substantive i expect lawmakers with questions about the rollout of vaccines for children, i much-awaited development in the course of the pandemic something lawmakers are deeply interested in for some time. also in the process of developing and approving biologic treatments for covid-19, on the political, i do expect to hear democrats making the point how the tide turned in the battle against covid-19, statement from the lead senator patty murray talked about where we were with the delta variant a few months ago compared to now, especially in light of what we saw politically on tuesday with the elections, democrats still believe that deeding the covid-19 pandemic is a political winner of an issue. i expect to hear some focus on that and the third track is the unexpected questions. every time we had a hearing of this committee on covid you've seen fireworks between rand paul and dr. anthony fauci, the two men pretty open in their disdain for one another, usually sparring on questions about the orin of the covid virus. i'd be surprised if today is any exception. >> heidi there's news from the white house a new deadline on the president's covid vaccine mandate. >> january 4th deadline for companies to vaccinate their employees, a lot more time than we were expecting for companies to be given as little as 30 days so now they have until january 4th to do this. there was questions about whether this is due to the worker shortage right now and some workers saying they do not want to get vaccinated but this deadline will be the same whether you are a federal contractor or health care worker and it will preempt any state law that seeks to say that you cannot mandate this. this is going to happen january 4th. second deadline is december 5th. this is the deadline by which the companies have to require paid time off until their employees get vaccinated and not just to get vaccinated but if they have any side effects and then lastly, jose, we're starting to get some answers about inspection and enforcement and how the federal government can do this. the inspection is the same as many with occupational safety health administration rules, there could be spot inspections and penalties. in this case, there will be a scale, a sliding scale for violations, for instance, a standard violation, a single instance of a violation would be about $14,000. however, if you have multiple violations, jose, it could be multiples of that and then again the number that we got for willful violations, what constitutes a standard versus willful can go up to $16,000 for companies. >> at the american museum of natural history, what are you seeing from parents? >> reporter: if you have to get a shot you might as well do it somewhere cool. the american museum of natural history is one of many vaccination sites in new york city now offering shots for 5 to 11-year-olds. for some parents, this is a moment that could not come soon enough. for others, they're still not so sure. listen. >> when i first heard like when i first heard that it came out, i was actually the one to go to my mom, hey, mom, i want to get the vaccine. >> reporter: do you have any apprehensions about it? >> no, none. not at all. really none. i mean, i feel like pfizer is, i trust it. i feel really good about it. >> me being an adult and being vaccinated i feel like you know the symptoms and like the soreness of the arms and stuff like that. i don't know how it will affect my child. >> reporter: that last parent we heard from there she is vaccinated. she said her older child is vaccinated but when it comes to her 6-year-old, because of her size, she said she feels pretty nervous and would rather give time to get a little bit bigger in case she experiences any sort of side effects. nationwide a third of parents want a wait-and-see approach when it comes to vaccinating to 11 yearlies. in new york city they'll open sites at public schools starting next week and eligible students with parental consent can get vaccinated at school. jose? >> thank you. doctor, you were the principal investigator for this vaccine. there are many parents and alison was talking about that a second ago who say why risk a relatively new vaccine when most children don't get as sick from covid as adults. >> well, we have to put that in context. remember that only 20,000 people under the age of 18 die every year and that's great news but we want to see the deaths and the disease and the hospitalizations from covid reduced as much as possible. it is a preventable disease. we've seen over 3,800 hospitalizations in this age group, and we've seen almost 100 children die of covid in this age group. it's the number one cause of death in children in this age group right now. sorry, in the top ten, and the number one cause of death in young adults in september of this year in the united states. so clearly we need to prevent this disease, most children won't get sick, but those that will, we want to prevent those deaths and those hospitalizations. >> meanwhile, doctor, just this morning the united kingdom became the first nation to approve merck's covid anti viral pill. what kind of data does the u.s. need to see independent of the company data to approve this kind of drug? >> the fda i'm sure has been reviewing the merck drug, it's been studied extensively but the fda as you have seen has amazing abilities to review and make sure that this is a safe and effective drug. so far, the data looked good but we haven't seen all of it. the fda will be able to post that information on the public to view as well, and i'm sure in the coming weeks, we will see some actions from the fda also. >> doctor, heidi, ellison, garrett, thank you very much for being with me this morning. new jersey governor murphy won re-election. the incumbent democrat won by a mazer thin margin what democrats thought would be an easy win in the deep blue garden state. >> i am humbled to be the first democratic governor reelected in the great state of new jersey since the late did this in 19 7. >> joining us live from clifton, new jersey, rehema ellis. what are the top issues on voters minds that put democrats in a vulnerable position. >> reporter: you can hear it on their minds here at the tick tock diner, where a lot of candidates come to put their ear to the ground when campaigning. what i heard this morning from people number one they're not surprised the election was close because they saw a big dimpbs between the two candidates. another was talking about women's issues, health care and masking and vaccine mandates and another man said to me, he is upset with taxes. he had a house, he sold it and leaving this state because he's going to retire next year because he can't afford the taxes. in his speech last night, the governor said that he hears people in new jersey. he went on and touted his progressive record on such things as advancing the minimum wage, health care and education and jose, he made a promise last night he's going to listen to new jersey's residents and together hopes everyone will be able to move into the future that way. jose? >> rehema ellis thank you for being with me this morning. still ahead, negotiations over president biden's build back better plan now include an immigration provision, but does it go far enough? we'll have democratic congressman chuy garcia next. mostly all white jury is selected in the trial of the men accused of racially profiling and killing ahmaud arbery. you're watching "jose diaz-balart reports" on msnbc. voiceover: riders. wanderers on the road of life. the journey is why they ride. when the road is all you need, there is no destination. uh, i-i'm actually just going to get an iced coffee. well, she may have a destination this one time, but usually -- no, i-i usually have a destination. yeah, but most of the time, her destination is freedom. nope, just the coffee shop. announcer: no matter why you ride, progressive has you covered with protection starting at $79 a year. voiceover: 'cause she's a biker... please don't follow me in. what is it? so you can get to know your new granddaughter. we're so glad you're here. ♪♪ come on over! oh honey... she just needs some time. how was school? 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>> well, that's the question. as you know, jose, they only have a three-member margin in the house of representatives, still speaker pelosi is moving forward in the hopes of holding this vote as early as today. i don't expect it to be today but perhaps by tomorrow at some point. i will say that there is growing anxiety among most members to get this done. there is a small minority of members, the moderates, five of them who signed a letter who want some cost analysis of the legislation and analysis on the inflationary impacts of this legislation. we are told one of those analysis from the joint committee on taxation is expected to be released as early as today and so they're going to give members time to digest that and think about it, but that seems to be one of the last remaining items that is necessary for these members to hold this vote and one other thing yesterday in a closed door meeting speaker pelosi suggested they should vote on the $1.75 trillion build back better plan before this bipartisan infrastructure plan. i don't know what the outcome and the decision's going to be but i'm told by multiple members of congress that most people just want to get it done. they don't want to talk about it anymore and they think it's time to vote. jose? >> some of the things that are in the house version of the bill clearly aren't going to be accepted by the senate. what's the point of going alone and trying to do things now? is this urgency real. >> yes and no. for a while they were going to withhold their votes for the infrastructure bill until they got some ironclad assurance from the senate they'd vote for a reconciliation package, a social spending package. that did not happen. a recalibration was made among progressives to move bills forward and then essentially ping-pong them back with the senate, the reconciliation bill with the senate. what's expected to happen is the house will move forward at some point with that social spending bill. it will as you note contain things that the senate that 50 democratic senators will say no we can't all vote for this. the primary one being paid leave, senator joe manchin said repeatedly he is not in favor of including paid reconciliation. if things go as planned the senate will pass its own version with those elements not in it and send it back to the house for their consideration and night conference to figure out how to resolve the differences. there's a lot of steps to be primarily on this reconciliation bill which makes sense that joe manchin is saying we need to take our time. the reason they need to take time is because they don't have any way to consider it. >> leigh ann, one of the more contentious parts is what to do about immigration. what will the house try to do in regard to immigration in its version of the reconciliation bill? >> it is one of the most contentious parts of the discussion because the front line democrats do not want to vote on immigration proposals that are most likely going to be stripped out of the senate. it won't qualify in the budget reconciliation rules to pass it with 50 votes. right now there are immigration provisions in the house legislation and so that is a nod to progressives who really want that in there and the congressional hispanic caucus. it provides temporary status for five years for immigrants who have been in the country since before 2011 and now this is is a compromise proposal. many advocates would like to see it bigger but they know the challenges of getting it through the senate. >> thank you both for being with me. i want to continue this conversation with illinois democratic congressman jesus "chuy" garcia, member of the hispanic caucus. thank you for being back. >> good morning. >> we've been talking for some time now about immigration reconciliation and what to do. here is my question. you said that you will not support the reconciliation bill if it doesn't include a path to citizenship for undocumented immigrants. how do you feel? >> this bill provides some relief in the form of parole. we continue to try for a pathway, we had a meeting yesterday with my colleagues in new york and california where we had a very frank conversation with the speaker. did not rule out the possibility of a registry. she asked us to join her in exploring whether we could line up the votes for including registry. the reason we want registry is this is the way that immigration reform has been done for a long, long time in america. anything short of that would be a significant departure from that tradition. we are engaging at least a couple dozen members from our caucus to see if we can get them to join us in inserting registry in the form of an amendment and we continue in that vote counting and that persuasion process as we speak. >> you're okay with the five-year temporary issue where people who got here before 2011 would be able to qualify for some form of not legalization but at least to have real i.d. and be able to travel. is this good enough for you to support? >> it is not good enough at this juncture. we're exploring providing a pathway to getting a green card and the possibility of citizenship down the line. we think this is the way you do immigration reform. the provisions that are in the bill currently would provide some relief, would enable people to have some peace of mind to work, students to worry, families not to be separated from their loved ones here. that is some relief but that is not what we have strived for, for 35 years. we want immigration reform. we think this is the moment to make ittaking our best shot providing the pathway to citizenship as we meet with our colleagues, we impress upon them the urgency of making this happen. this is an opportunity that people have been waiting for, for so long. it would be disappointing if we came up short, but you know, i'm glad to see there is a backup plan to at least provide the minimal protection. we want to send the strongest possible measures to the senate. our colleagues in the senate for latino senators have urged us to send the strongest possible legislation so that they can help maneuver and manage the process in the senate. >> so speaking of the senate, west virginia senator manchin said flat out, no to immigration without border security. what do you say to that? >> i say that it is an issue that we can discuss. however, since 2004, there's been a 50% increase in the funding for customs and border patrol for i.c.e. through the department of homeland security, border security. it's a legitimate issue to be discussed but has nothing to do with the number of people, 11 million who remain undocumented in our country, many of them helped us endure the pandemic by providing the agriculture labor power that was needed to get us through that. they helped save lives in emergency rooms as doctors and nurses and technical staff as well. the immigrant community provides so much robust support for our economy. we promised them relief. it's time that we deliver on providing the relief that they need. i can't guess, i don't know that anyone can what senator manchin will do in the end, but i need to ensure that we keep the process going and that we keep the prospects for immigration reform alive. >> congressman, you and your colleagues could vote on the house version of the reconciliation bill as soon as today, maybe tomorrow. some of the things in that bill, paid leave, won't again fly in the senate. so what's the point in having a vote when you don't have a final agreement with the senate? is this a conference issue in the final days? >> it could be, but i just want to underscore that this is a huge bill. there are things in it that are good for everyone, for children, for women, for seniors in terms of the negotiation and prescription drugs, the expansion of things like hearing aids and how expensive they are being provided to seniors. this will improve the quality of life of americans everywhere in blue states and in red states. that's why we cannot get hung up on one provision and one program and whether one person of a large democratic caucus in both the house and the senate thinks is good or not. we need to keep negotiating, keep hammering things out, and i'm confident that we will be able to enact legislation that will be landmark and transformative for all the people in our country. >> congressman chuy garcia, always a pleasure to speak with you. thank you for being with me this morning. >> thank you, jose. >> ament practicing note, andrea mitchell will interview former vice president al gore from glasgow at noon on msnbc. still ahead, what the judge is saying about the nearly all white jury seated in the trial of three men accused of killing ahmaud arbery and we're keeping our eye on capitol hill dr. anthony fauci and dr. rochelle walensky, testifying in a senate hearing about the covid-19 response. we'll bring you any news that comes out of that. you're watching "jose diaz-balart reports" on msnbc. ♪ ♪ 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. ♪ as a dj, i know all about customization. that's why i love liberty mutual. to unveil them to the world. they customize my car insurance, so i only pay for what i need. how about a throwback? 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>> reporter: >> reporter: very good question. thea brooks, ahmaud's aunt, what your thoughts about the jury? >> honestly it was expected. >> reporter: expected because? >> that's the community we live in and just another injustice that we face daily. >> reporter: do you think you'll get justice? >> i do. some of the people on the jury panel are mothers and fathers and so taking a personal outlook not just the facts and everything that's been put at hand but to have the opportunity to think about what if it was your child. >> you're not surprised. what is life like in the community? >> it's a good community to live in, i must say but you still run into those people on a daily basis not used to who you are and your skin color. it's nothing that surprises me when the jury came out like it. >> reporter: it's been almost two years. how are you, how is the family feeling about all of this? you must be anxious? >> yes. anxious, ready to get it started and behind us, a long two years. there's been good days, bad days, angry days, a lot of emotion. at this point we're ready to get in here and face what we've been ready to face and get it over with. >> reporter: jose, the judge said that even though we saw intentional discrimination he went through the jurors struck and found that the defense found other reasons besides race which are legitimate. they made up their minds. did you hear all that? what did you think when you saw that happen? >> i kind of had hope at first once he said he did find that there was intentional discrimination. he would make the adjustments we were hoping for but that didn't happen. now we go with what we have. >> reporter: three men face a range of charges, nine counts each, could spend the rest of their lives in jail. so again, do you think there will be a conviction somewhere along the line? >> i think so. with hope and prayers going up to the most high, with all of this, at this point it's left in his hands that we'll get exactly what we're looking for, a guilty verdict. >> reporter: thank you very much. we appreciate you. >> thank you, sir. >> reporter: that's it, here, jose, a series of emotions argued by the attorneys today, opening arguments start tomorrow and beyond this case, federal charges pending against the mcmichaels and brian, the third defendant in this case, so there's this thank to come after this. obviously all eyes focus on the courtroom when opening arguments begin tomorrow. jose? >> ron allen, thank you. please thank ms. brooks for being with us this morning as well. still ahead the results of a pentagon review into that failed drone strike in afghanistan that killed seven children. keeping our eye on capitol hill, house speaker nancy pelosi is about to hold her weekly news conference. you're watching "jose diaz-balart reports." 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>> no, it doesn't mean that. it does mean there won't be the criminal prosecution, not a court-martial. there's personnel involved may be disciplined and could mean the end of their careers but that may not be enough to shield the pentagon from criticism, you had the charity that employed one of the victims saying yesterday they were deeply disappointed with this review and chairman of the house intelligence committee adam shift he was not convinced this represented full accountability and wanted to see a classified version of the report. >> dan let's remember after this attack happened, the u.s. military was all too glad to give us all the details about who this person was and he wasn't that person. >> it was an aide worker, not a terrorist, just about every detail that the pentagon offered in the immediate aftermath of the strike turned out to be false, completely wrong and the reaction from the charity that employed that aide worker was saying how is it possible that there is no one held accountable even if the intentions were good. the result was just incredibly tragic, with seven children killed. >> so many of the details were apparently missed in this case but this certainly isn't the only drone strike that's killed civilians. why does this happen? >> that's a question asked for the last 20 years. from the briefing yesterday the term thrown a lot was classified, classified, classified. this time they were saying time constraints. unfortunately, that's not going to be a good enough answer for the families. the family that lost seven children, these are mothers who went outside their home and found the torn limbs of theired tole ers, of their husbands. this is a story that hasn't just gone away in afghanistan. it is still played on the nightly news every once in a while, they interview the family and likely interview the family tonight as well. this is also a family that right now they're scared for their lives first. they were deemed as terrorists working alongside isis-k and second they were said to have been working with the americans because the husband was working for an aide organization. this is not something new. botched drone strike isn't new in afghanistan and unfortunately after 20 years of spending time there, of having intelligence there, i think afghans expected more. i think americans expected more. unfortunately, we did not see that and unfortunately it led to more deaths on the last days in afghanistan. >> all women senators wrote a letter to protect the rights of afghan women and girls. what is the situation for women and girls in afghanistan today? >> the situation is dire, jose. talking to afghan women myself daily on the phone, on whatsapp, they're scared for their lives. women who were lawyers who had put so many bad people in prison, who were then released from prison who are going after them, begging to be put into safehouses, talking to former servicemembers, american servicemembers who are working outside of the military trying to help these women, trying to help these men who helped them. the situation is terrible for women. it's terrible for girls. many younger girls are in school, the older ones don't know what their future holds and they're terrified, they're hopeless and afraid of what happens next. we know what the taliban did 20 years ago when it came to women's rights and unfortunately we're seeing that happen again. >> thank you both for being with me this morning. still ahead, latinos are one of the fastest growing voting blocs in the country but can democrats count on them to win? up next, we'll talk to congressman tony cardenas about what he thinks. you're watching "jose diaz-balart reports" on msnbc. t to become dangerous. tide pods child-guard pack helps keep your laundry pacs in a safe place and your child safer. to close, twist until it clicks. tide pods child-guard packaging. find your rhythm. your happy place. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. feel stuck with student loan debt? 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>> what makes me worry about the latino voters is that they need to be spoken to just like any voter. just pay them some respect. talk to them. get to know them. find out their issues and you'll understand that you can get their vote, especially when you're the party that is for working people, making sure that people who come to this country as immigrants are treated as equals. those are the kinds of things that democrats work on and stand for. all we need to do is make sure they know we're still doing that. >> congressman, in your case, you have such a close relationship with your voters. right? but not all of them do. you told the los angeles times that it's going to take a lot of work and require democrats to build a much stronger relationship with latinos of various backgrounds and cultures. what did you mean by that? >> well, what i mean by that is, for example, you might have cubans or south americas in south florida and you have a lot of mexican immigrants and mexican/americans in california and across the country. it varies. you can't google translate a campaign piece of mail and see this is now in spanish. no way. cultural competency is something that is done in every aspect of campaigns but unfortunately, many of the parties including the democratic party, fails to realize that those nuances make a difference. you can get somebody to chuckle and smile if you just say something a certain way, and you get their attention. and that's a cultural thing. if you don't put culture in your campaigning, you're missing out on a lot of opportunities to communicate with good people. >> and sometimes that lack of cultural competency can cause some really kind of embarrassingly funny use of words that sometimes strike many of us that speak spanish as being, well, a little bit odd, but that's -- as you say, you can't just google translate things. congressman, i want your thoughts on this. i know that democrats are hoping to use the reconciliation bill has a tool to get something done on immigration reform. last time congress did something, 1986. 35 years ago. since then there have been so many efforts in the house and in the senate to do something. those efforts have gone nowhere. how important is immigration to the latino community and to latino voters? >> well, first and foremost, immigration reform is important to every american. it's important to our economy. immigrants have always been a vielts part of this economy. just look at agriculture, the tech industry. they rely on people from all over the world to make that complement, to make us and continue to have us be the number one economy in the world. what does it mean for latinos? it means respect. it means appreciation. it means knowing my uncle or father had been in the shadows for more than ten, 20 years. please, give them an opportunity to come out of the shadows and continue to work for our economy. continue to contribute to this community. and at the same time, at least have the dignity of pulling their head up and saying you know what? i can walk around without feeling fear of being deported. >> yeah. and let's see if that can actually get done in the near future. congressman, thank you. let's see if that stays in. right? language can get in and be taken out. congressman, it's always a pleasure to see you. thank you for being with me. >> thank you. take care. it's been called the miracle rescue. a four-year-old girl found alive 18 days after going missing. how she was found next. ♪ ♪ 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. ♪ there's a different way to treat hiv. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider once a month. hiv pills aren't on my mind. i love being able to pick up and go. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems,...and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. alice loves the scent of gain so much, with once-a-month cabenuva, i'm good to go. she wished there was a way to make it last longer. say hello to your fairy godmother alice and long-lasting gain scent beads. try spring daydream, now part of our irresistible scent collection. 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 per month. 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? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ 57 past the hour. time for a check of the headlines beyond our borders. a four-year-old australian girl in the arms of her parents after going missing from her family's campground nearly three weeks ago. we have more about that and other stories. tell us about this incredible rescue. >> reporter: jose, good morning. incredible is the right word. little cleo was missing for 18 days after vanishing from her family's tent on a camping trip. police say good old fashioned detective work led them to a house not far from where cleo's family lives. they burst in. they rescued the four-year-old, and they have arrested a 36-year-old man who has now been charged in her abduction. police say cleo is doing well physically, but there is a lot of work ahead to figure out what exactly she went through. what kind of support she's going to need going forward. as you can imagine, there is a lot of celebration down under at her safe return. and jose, her mom posting on instagram, our family is whole again. jose? >> what a great story. for the first time the international criminal court is opening a formal investigation into crimes against humanity for a latin american country. what are the details? >> yeah. that's right. this is venezuela. the ic skr opening an investigation into allegations of murder and torture by the venezuelan security forces under the leadership of president nicholas maduro. we don't know exactly what this investigation is going to look into, but it will build on a preliminary probe that looked into the actions of the security forces during massive anti-government protests back in 2017. the chief prosecutor of the icc announced the investigation after actually meeting with maduro. the prosecutors said she would not tolerate any political interference. no one should expect quick results. it could be years before any charges are filed. >> it's good to see you. thank you for being with me this morning. that wraps up the hour for me. you can always reach me on twitter and instagram at j.d. ballart. the follow the show online. thank you for the privilege of your time. there's more news right now. good morning, everybody. the aftermath of election day, it is rippling through our nation's capitol. democrats have won silver lining after a very big loss in the state of virginia. nbc there's new pressure on democrats to pass the democratic

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