massive social spending bill through the house. >> the build back better bill is passed! >> passage without a single republican vote was a major victory for the speaker who was surrounded by cheering colleagues on the floor. it follows record breaking 8 1/2-hour floor speech from house republican leader mccarthy delaying but not denying the final vote. the bill goes to the senate faces a major hurdle west virginia democrat manchin whose support is not guaranteed. we are seeing live pictures of the president i believe going into walter reed or tape playback pictures. i just want to say that the president today is going in for his annual physical, a day ahead of the 79th birthday. congressional budget office shows instead of being fully paid for the bill would increase the deficit by hundreds of millions of dollars. the president is not reacting but turned over power to the vice president while he is being sedated for a colonoscopy. there's breaking news in the national covid vaccine program with the booster shots for all the adults and jury deliberations in the kyle rittenhouse. a live report from kenosha this hour. lets's begin with garrett haake, kristen welker and guests. garrett, let's talk about what would. i want to show the pictures. house democrats on the floor, celebrating today's vote. but while celebrating a giant achievement for notary public permly the cbo must be weighing in on joe manchin and senate leaders that need to get through the upper chamber. is the house half full or empty? >> reporter: look. a huge achievement here for house democrats moving this bill through the chamber, losing one democratic vote. whatever else you think of the bill a reminder of nancy pelosi's skill in herding the cats. on the senate side now you do run into the manchin and to a lesser degree sinema related skepticism of the bill. the cbo score, the challenge is this. the cbo says they cannot rate the irs provisions here. they cannot give a real number to be gained from stepped up enforcement. best estimate is a footnote in this is about $200 billion. the treasury department said 400 in that gap you find this bill, $200 billion short of blg in the black. that wasn't a problem for house democrats. it may be a problem for senate democrats after all the promises of this bill being fully paid for. that said joe manchin and perhaps sinema may take a knife or an ax to this bill and cut some provisions. for example, the child -- stay-at-home credit -- paid leave why wow. staying up too late. the paid leave portion of the bill costs about $200 million. in f that comes out this bill is back in the black. that's to say much more negotiating to be done on the senate side after this thanksgiving break. >> and kristen welker, how's the white house spunning the outlook now? they have a tough challenge in the senate but noticed congresswoman jayapal with rachel saying we have pre-conferenced this. only thing that joe manchin did not agree to is family leave and we have hopes for that but congressional people, leadership telling me that whatever they can get they get. this is a deal that the progressives won't not play ball and that they think it is pre-conference and the senate was consulted and with the white house and that this has been precleared. is that too hopeful? >> reporter: look. you have top senators who are telling me as you point out this was all but agreed to and part of why progressives agreed to pass the bipartisan infrastructure bill. because there was that agreement essentially to move forward on build back better including in the senate once the cbo score came out and you have joe manchin not responding yesterday directly when asked what his spet is on the cbo numbers and whether that hinder his ability to support this bill. so we'll have to see what happens. we do know that it will be a lot of wrangling behind the scenes to get it over the finish line. of course will paid family leave be a part of the final piece of legislation? we know that there is going to be a very robust push by quarters within the democratic party to make sure that that provision is in. that's one of president biden's key campaign promises and the question is what if any role will president biden play to get this over the finish line? in the bipartisan infrastructure negotiations he really came in in the 11th hour, the last-minute arm twisting behind the scenes that people felt made the difference to this get passed. what will his role be this time around? remember he is on the road quite a bit according to the white house selling and explaining the individual pieces of the bipartisan infrastructure law to the american people, andrea. >> doug, let's talk about the real world concerns on the score from the cbo. larry summers said to me last week that he would vote for this. the way the taxes are structured is not his choice but investment, long term, stretched out. he thinks capital investment and should be spending this money. >> i think the cob score highlight a couple things. number one they are going to have pass it through the senate on cbo scores and doesn't what the treasury or white house thinks about the irs enforcement. they have to adjust somewhere else. i think they should have gotten the score earlier. second thing that jumps out is that people intend for these programs to be permanent. no one want it is child tax credit or universal pre-k to go away and looking at a ten-year basis this is $3 trillion of structural deficit into the budget and senators will think hard. is that what you want to do? $12 trillion to $15 trillion in deficits? that's hard to swallow and may affect the thinking. and then the near term impact on inflation and i think the real surprise in this score. it looks to me like cbo doesn't think they can set up the programs to get the money out the door in the first year and less of a first-year fiscal impulse than i expected but still $150 billion and may give people pause, as well. it is a good thing to finally have an apples to apples score of provisions on the same budget baseline. that's what the cbo does and the information that a congress needs to make decisions. >> they need that information. ly make the decisions in a thoughtful way and the risk/benefit ratio economically or single politics? we saw the circus of a speech over nothing last night. >> yeah. look. i do think they'll take into account the scoring. i think they take into account the politics of this. democrats understand this is the basis for what they talk about in 2022. which is why this is so important and such an important milestone and still got the senate to go. the one thing to say about this idea of adding permanence into the ten-year score if you assume adding to the deficit you won't go back to think through the pay-fors. we know that none of the tax increase on individual rates for the wealthy in this came through in the house bill so it's not to say if you added years to the child tax credit or something else you couldn't find pay-fors for this. it is a good day as a democrat because for months the process has overwhelmed the substance of this legislation and this debate. today the process burst this out of the house into the senate and the process is actually finally a good message for today. >> and kristen, i want to talk about the fact that the president is now out of what they call anesthesia. he is having the physical and he's 78. 79 tomorrow. a big happy birthday to him tomorrow. be in wilmington for that. but every guidance you are getting is that this is very different from the medical reports we got under president trump and ronny jackson, a member of congress, the former medical doctor to president trump. >> reporter: that's right. remember we had that long briefing with ronny jackson, the former doctor to former president trump, after his physical. we anticipate that we will get a readout of the report from the white house but we are not anticipating that same type of believing. let me read you from a statement that we just got from the white house. as you point out, president biden had temporarily transferred power to vice president harris. she was serving as acting president. according to the white house, in accordance with the provisions of the 23rd amendment to the united states constitution i transmit to you my written declaration that i am able to discharge the powers and duties of the power of the office of the presidency. i am resuming the duties. that is the letter announcing that. we just got this tweet from the press secretary jen psaki who tweeted out the president spoke at 11:35 a.m. potus in good spirits and resumed the duties and will remain at walter reed completing the rest of the routine physical. worth noting the vice president harris is not the first vice president to temporarily have the powers of the presidency while the president is undergoing a medical procedure. former president reagan transferred the powers to george h.w. bush and former president george w. bush who transferred the powers to his former vice president dick cheney for a period of time for two colonoscopies in office. >> the cancer surgery was far more serious and total anesthesia. with president reagan. it was quite a dramatic moment and a sudden operation. it was not preannounced. what we expect is full transparency and an obama-like, bush-like full medical report on the president once they get through all the tests unlike from ronny jackson on former president trump. but remains to be seen. also that he had a full schedule, the president, yesterday even though he was prepping for this procedure. two foreign leaders, as well. >> reporter: that's right. meeting with the leaders of canada and mexico. the first time that the president, any president, had met with the two leaders in five year just that trilateral summit suspended in former president trump's term in office and quite a significant summit at the white house yesterday. and of course, they discussed a range of pressing topics, everything from the global fight against covid-19 to migration, of course, as well as tariffs and the u.s.m.c.a. that was signed into law under former president trump. a lot of pressing issues while having this scheduled for today. >> thank you. doug and garrett and robert. thank you to all the of you. a shot in the arm, the fda approving boosters for all adults. this is "andrea mitchell reports" on msnbc. some people have joint pain, plus have high blood pressure. they may not be able to take just anything for pain. that's why doctors recommend tylenol®. it won't raise blood pressure the way that advil® aleve® or motrin® sometimes can. for trusted relief, trust tylenol®. as someone who resembles someone else, i appreciate that liberty mutual that advil® aleve® or motrin® sometimes can. knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, 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surging cases. germany's also in trouble. the country austria is looking to implement the first vaccine mandate in february. joining us now nbc news anne thompson and a guest. the fda giving the green light for all adults to get the boosters but some states are doing it for everyone. >> it is really confusing, andrea. and the fda referenced that as it approved the pfizer and moderna boosters. you have got 15 states by our count who expanded eligibility to everybody over 18 or intended to do so if the federal government didn't step in. the fda say basically to clear up the confusion they now have authorized moderna and pfizer booster shots for anyone over 18. the cdd is expected to do that this afternoon. in a briefing this week indicated almost proforma and then everybody who's over 18 no matter the state or city you live in will able to get the boosters and the white house tells us that there are enough booster shots for every adult that wants one and don't anticipate that delay that there was when the vaccines first came on market. >> doctor, from my understanding from other doctors who have spoken out the boosters stake effect in terms of immunity and response immediately. you don't have to wait two weeks to take effect. >> most studies are based on one week after the booster. it is pretty quick and reduces the chance of getting covid probably or getting sick with covid by about 90% compared to not getting the booster and more evidence on how boosters work and safety and makes sense to do this today. >> you have been traveling a lot and now cases surging in europe. i'm going to be traveling. what about other people going overseas and what we can fear from europe? >> obviously we have seen austria impose its lockdown. when i was in scotland i think a week and a half ago, we were -- when we went to the climate conference we were tested every day to make sure we didn't have covid. mask wearing was i can tell you kind of haphazard but that's the thing to remember is that just because you have the vaccine and a booster you have to do all the other things to protect yourself. wear a mask in a crowded situation. practice social distancing and good hygiene. all of those are -- they still are very important things to do even if you have the vaccine and have gotten the booster. >> and doctor, what about masks and children and whether or not once children are vaccinated the benefit should be lift those masks because they need the interactions? big debate about that among educators. >> there is and i think it is also always important to say that getting the first couple doses of the vaccine is extraordinarily important why . the boosters help but the first shots take people from the razor's edge of getting very sikt. what can we do differently? i don't feel the same as i did before i was vaccinated. i was nervous about everything. now we have thanksgiving with my family. everyone is vaccinated and will have a great time. i think we can look forward even as there are increases in doing more particularly around people who are vaccinated. schools are going to be an area of continued discussion. i am pretty hopeful as cases come down and i think will happen on at least on the other side of this surge in some places and more kids are vaccinated that we start to see success in not having kids wear mask. >> that's very optimistic. good news. happy thanksgiving to you and yours and anne thompson, as well. have a great holiday. >> you, too. >> thank you. verdict watch. that's next. this is "andrea mitchell reports" on msnbc. 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 ♪ when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org emergency planning for kids. we 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can you tell us? >> reporter: good afternoon. we are in fourth day of deliberations. the jurors deliberating for about 24 hours total at this point. we just heard from the courtroom saying that they have ordered lunch. we have no indication whether they are closer to a possible verdict or whether we could potentially be seeing them get closer to a hung jury. we are not sure. it seems to happen pretty much during your show and something we have been dealing with every day. we haven't heard a lot from the jury or the judge. except yesterday one of the jurors did ask to take a copy of jury instructions home with them. we haven't heard much from the judge since yesterday when he did address an incident in the court. yesterday morning kenosha police said that they had taken into custody a man with a national media outlet suspected of taking pictures of the jurors. later in the day the courtroom -- the judge spoke about the incident saying that the man identified himself as a producer with nbc and msnbc and taken into custody a block away from the jury van. nbc has released a statement saying that the freelancer received a traffic citation and while the viation took place near the jury van the freelancer never contacted or sbepded to contact the jurors during deliberations. never photographed the jury. msnbc and nbc have been banned from the courthouse at this point. here again we are awaiting a possible verdict on day four but we have no indication when that could potentially come. >> david, the jury deliberating more than 23 hours, about 24 hours. is that unusual in a case like this? >> it is unusual although i will say that the jury instructions in case are very complex and confusing. there are 36 pages and if you look at the information the jury requested since they began deliberations i think it makes sense to conclude that they're trying to work through the instructions. they asked for the first six pages which if you look at it it seemed like the discussions of self defense limited to the first few pages but they are discussed in four sections in the instructions. there's nothing to conclude except that since they haven't told the court they are deadlocked they probably aren't. i would say one juror doesn't accept the self defense claims made. you could say the converse is true but if somebody accepted it an and just being stubborn you would have had a message by now. we haven't heard that. >> a juror with the instructions being complex asked if they could be taken home. is that a normal request? >> no. it is completely ridiculous. i have several criticisms about this judge but this is my new personal top line. the idea that you would allow a juror to take home the instructions and what's to stop them from talking with the daughter or friend in law school or a paralegal and not talk about it? the danger is very real. the other thing is that everybody in the jury knows joe juror took the instructions home and he might be an expert. now coming back in the jury room you have altered the relationship. it is a mistake and should not have happened. >> what about the two requests from the defense for mistrial with prejudice? the judge didn't rule on either yet. >> right. the defense attorneys always ask for mistrials with prejudice. this judge i think is cavalier and a little bit out of control. so he does scare me beginning with the unequal treatment of how to refer to the victims in this case and as looters opposed to victims. the instructions are a mess and did not have control of defense counsel. i couldn't believe the personal attacks and the defense attorney to say, oh yeah, there was a case once where somebody shot seven times and did nothing. so i think he is dangerous and i would be if i were the prosecution make me nervous that the mistrial motions are hanging out there. >> just seems to me just as a layman that usually those decisions are made before the jury starts to deliberate. maybe i misread that. >> usually but not always. >> okay. cynthia, you are the expert, and david and gabe on this from the beginning. thank you so much. the trump card. house minority leader mccarthy scoring a win overnight with the party but to what effect? can it ride to the speakership? you are watching msnbc. sion. it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or 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the social spending bill but clearly all about cementing the support from far right conservative and the man in mar-a-lago. joining me now, former republican national committee chairman michael steele. susan page of "usa today" and phil rucker. co-author of "i alone can fix it." a great read. phil and michael, susan, let's talk about what happened with mccarthy overnight. let's play a little bit of this -- i don't know if you would call it charchillian but it was a speech. >> i want to go back to when we respected around the world. i want do go back to when we didn't have north korea testing nuclear weapons. i want to go back to when china wasn't flying over taiwan every day. this day is only one black american elected to congress and the senate. tim scott. madame speaker, i know your body knows to impeach. you have done it twice. in my district there's two families that grow 50% of all the carrots in the country. you ever eaten a baby carrot? there's no such thing. they chop and charge you more and you buy them. >> we have seriously got a shortage of baby carrots. that's what's wrong with america. >> yeah. yeah. i had no idea what that was all about. the gesticulation of kevin mccarthy. you nailed it. i want to be speaker and i'll perform for you. and build up your confidence in me as a future leader. of not just the party but this house. and i just think it falls flat because at the end of the day a speaker's got to put a bill on the floor, be able to tell the country and the party what it stands for. you watch nancy pelosi navigate what everyone in washington and dare say around the country thought would be an impossible track to get the caucus to do something that was arguably for some against their interest. you don't have that kind of leadership from mccarthy. where is that where he presses them to do that thing that is outside of the interest of donald trump? so, you know, it was a good eight hours for him. here's the bet. you think a year from now or 16, 18 months from now donald trump in january of 2023 if they have the house is going to give him the nod? that's not a guarantee. this show last night doesn't add to that. >> phil, that display mccarthy after a phone call from the gours from the former president in florida who looms large on decisions of leadership in it republican party. >> former president trump is the leader of the republican party today and probably will be a year from now when the question of the next speaker comes into play. mccarthy bragged about getting that call before taking the floor for that lengthy speech and a performance to seem to play into what trump likes to see. the theatrical plays, the schtick. he has a great reverence for people with stamina to stand up there giving a speech. that's something trump will be pleased to see. >> we saw donald trump doing something that's endorsing a controversial republican, paul gosar. trump said he would promote him and marjorie taylor greene if he wins. >> this is a day after the house censured him for posting an animation that showed the attack, an assassination on a fellow member of congress. quite a defiant move. he doesn't have competition for re-election. he done need the endorse. so a message from president trump and a warning what republicans may well do if they win back the house next year in the midterms and take action against democrats to remove them from committee asoonments, for instance. what they have bristled at when the democrats did this against republicans who did things like this video. >> how much power do they have in the republican caucus? >> a great deal. they speak for an impassioned minority of voters in this country but it is a selection of the republican party base that can influence primary elections. looking at the house republican conference there is real fear among more mainstream republicans from crossing gosar and greene and running the risk they become the next liz cheney, almost a martyr of sorts cast out by the republican party because she broke with president trump. so i think increasingly you going to see republicans feel pressure to stand with people like gosar and greene because they speak for that really impassioned and important minority bloc within the party elect rat. >> outside of republican primaries in general elections what about the su sur ban moms and others who are independents or moderate republicans? don't they have a say? >> they do have a say and it's an important say. i would also encourage those same voters that typically do not participate in primaries to do so. you can have a greater say in the nominee for the party for whatever office it happens to be. so it's a two-step process. you have the opportunity to put in place a representative who represents the best interests or you don't. if you don't take advantage of that you get greens every day. can they win a general? likely not in some pretty tough districts in the country. >> it's a great way to end the week with michael, susan, phil. thank you to all of you. the breaking point. the biggest stars in tennis with mounting outrage. the missing on the latest chinese athlete not heard from since making me too allegations against a top official. this is msnbc. is is msnbc. ♪ so light 'em up, up, up light 'em up, up, up ♪ ♪ light 'em up, up, up ♪ ♪ i'm on fire ♪ ♪ so light 'em up, up, up light 'em up, up, up ♪ ♪ light 'em up, up, up ♪ ♪ i'm on fire ♪ ♪ oh-oh-oh-oh-oh, oh-oh-oh-oohohh ♪ ♪ in the dark, dark ♪ new cheetos boneless wings. exclusively at applebee's. hearing is important to living life to the fullest. that's why inside every miracle-ear store, you'll find a better life. it all starts with the most innovative technology. like the new miracle-earmini, available exclusively at miracle-ear. so small that no one will see it, but you'll notice the difference. and now, miracle-ear is offering a thirty-day risk-free trial. you can experience better hearing with no obligation. call 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>> reporter: it's been nearly three weeks and the mystery is only getting deeper around peng shuai, her whereabouts. since disappearing from public view november 2. now the u.n. is demanding proof of her whereabouts. we have the wta, women's tennis association, threatening to boycott china if there's not an investigation and the claims she is making. it's been a whirlwind here over the past couple days and nobody is saying anything. at least not officially. theanything. china's foreign ministry not wanting to address it. neither was the state council. and it doesn't seem to line up with the fact that peng shuai is a household name in china, and inside china there's not a whiff of coverage on the domestic news. and she's been all but erased from the internet. it seems to be chinese state media trying to shape the media here. we heard about the email a day or so ago where they claim that peng sent it to the wta telling them to back off. now in the past few hours we've had more claims by chinese state media that it has evidence that peng is okay. some photos that showed up on state media accounts saying they were from a friend of peng showing her apparently smiling with stuffed animals and playing with a cat. we know nothing about the circumstances of when the photos were taken. >> pam, thank you for being with us. what more can the wta do? they've certainly stood up for her in a way in a way that the wnba has not stood up for people with similar complaints. >> i think the growing nature of how many people are asking whether it's msnbc, other major news media, other sports stars, it's going to be very interesting to see what the olympic movement does. the winter games are scheduled to be in beijing in a couple months. pengshuai is a three time olympian. i think we all thought that this many years later that human rights would be much improved in china. i think what steve simon has been saying, that the ten tour stops plus the year-ending championships scheduled about a year from now cannot take place if athletes are in danger when they make allegations that peng has made. this is unacceptable. cannot be a business partner. it's tough decisions. wta is not afraid to lead the way. that's what women's tennis has been doing since women's tennis was established about 50 years ago. >> a good point about the wta. pam, the co-chairs of the congressional olympic and paralympic caucus are demanding a total boycott of the 2022 olympics for what they called genocide against uyghurs. biden is considering a diplomatic boycott. that's not boycott of athletes. but a diplomatic boycott would be that u.s. officials don't attend. but the olympics could be in jeopardy here. >> well, it's interesting how these -- the ground swell of things like boycotts, how it happens. we'll know in the coming weeks what other sports or what other countries are willing to stand in solidarity with the wta. obviously it's a winter game, so tennis is not being played during the winter games. there are summer games sports, but janice brought up how the u.n. has stepped up with pressure. this is what the wta wants. the more global organizations, media organizations that are talking about the where abouts of peng, because first in order to go ahead ahead with any pursuit of understanding the allegations, we have to know she is free and safe to speak. the wta officials would like to speak to her directly and not see canned photos or canned statements come through state media. >> thank you so much. and we're going to go to kenosha, wisconsin. we understand that the families involved of the deceased have been told to go back to the courtroom. gabe? >> that's right. just a short time ago, a few moments ago, ago, we received that word from the pool, the family of those who were involved in the incident who were shot and killed have been told to go into the courtroom. now, we don't know what exactly that means whether there could be a potential verdict here, but this is the first time we've gotten this notice just like in this situation. so, again, we're now at about 24, 25 hours of deliberation. the jury isn't deliberating this in it fourth day. the last we'd heard from the jury, andrea, was yesterday when one of the jurors asked to take a copy of jury instructions home. we have not heard anything -- we had not heard anything today in terms of a jury question or anything like that. only to be told they had ordered lunch. the breaking news right now is that just within the past few moments the families of those who were shot and killed have been told to come here to the courthouse. we have no confirmation on whether there could potentially be a verdict. andrea? >> and grark let's sort of check this out, because review for us what the procedures would be from this judge if there were a verdict. there could be a number of things. there could be a question from the jury. there could be a note from the jury indicating they're having difficulty. if not reaching a verdict, and in those cases often the judge then calls them in and talks to them about whether they think, polls them at times, whether they think they can reach a verdict. often they're given a shotgun charge to try again, try harder if it's an important, high profile case, to avoid the possibility of a hung jury or a mistrial. in any case -- >> and that. >> there are a number of things that could be happening. right? >> exactly right. and especially in high profile cases like this w we hear what we call an allen charge to tell the jury they have to go back and try again. we don't know at this point. we do know the jury had asked several questions over the last several days regarding video in this case. they -- one -- their first request actually was to have more copies of the jury instructions. there were two separate requests for that. and then the day before yesterday there was a question about whether they could see video evidence, whether they should see it in their jury deliberations room or whether they had to see it in open court. there was a back and forth about that. but yes, you're right. there's been a series of questions. we don't know exactly what this means. but this is the first time that we've heard the families of those involved to be asked specifically to return to the courthouse. so we're waiting to see exactly what this news is. >> gabe gutierrez, thanks for being there. i know you're on top of everything that's happening there. a cold day in kenosha, wisconsin. that does it for this edition of "andrea mitchell reports ". we'll have everything that's happening in kenosha, wisconsin coming up. chuck todd with "mtp daily" will take over our coverage after this brief break. brief break moderate-to-severe eczema,s r or atopic dermatitis under control? 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