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Biden, Pelosi Scramble for Deal on Spending and Infrastructure Bills; Senators Scramble to Extend Highway Funding Law Set to Expire Tomorrow; CDC Urges Pregnant Women to Get Vaccinated Against COVID; Biden Focusing on Diversity as He Nominates 10 More to Federal Bench; Interview with Representative Adam Schiff (D-CA) about January 6th Committee Investigation. Aired 9-9:30a ET

Aired September 30, 2021 - 09:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[09:00:07]

ERICA HILL, CNN ANCHOR: Good morning to you at the top of the hour here. I'm Erica Hill.

JIM SCIUTTO, CNN ANCHOR: And I'm Jim Sciutto.

The countdown is on. We are just 15 hours away from a potential government shutdown, but it does appear there is a plan in place to avoid it. Moments from now, debate begins on Capitol Hill to do so. Senators set to vote on a stopgap bill that would keep the government funded. That bill, we should note, is likely to pass, that hands over to the House where it is also expected to pass before the midnight deadline. That's important.

As the clock ticks, the fate, however, Biden's larger domestic agenda remains in limbo. The Democratic controlled House remains divided with moderates and progressives in a very public standoff. Despite this, Speaker Pelosi is standing firm, she says, in holding a vote on the infrastructure bill today.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA): The plan is to bring the bill to the floor.

MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Are you worried that you may not have the votes?

PELOSI: One hour at a time.

(END OF VIDEO CLIP)

HILL: "One hour at a time." Well, progressives remain defiant, willing to sink the bill over their push to strike a deal on that $3.5 trillion reconciliation bill.

(BEGIN VIDEO CLIP)

REP. PRAMILA JAYAPAL (D-WA): If we do have a vote, then we'll vote it down and we'll continue the negotiations so that we can actually deliver the entirety of the president's agenda as he himself, the president himself, said he wanted us to do.

SEN. BERNIE SANDERS (I-VT): We need to do it. But the problem is if we pass that bill tomorrow we lose the leverage that we have here.

(END OF VIDEO CLIP)

HILL: So Senator Sanders doesn't want to lose the leverage. Speaker Pelosi wants an agreement with the Senate on the spending bill before holding a vote on infrastructure. So just, you know, spoiler alert here at 9:00 a.m. Eastern Time, Senator Joe Manchin pretty clear that that's not going to happen.

So where do we go? CNN congressional correspondent Lauren Fox is on Capitol Hill, White House correspondent Jeremy Diamond also with us.

Lauren, let's start with you. What are the options this morning?

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT: Well, right now I think all the options on the table are Pelosi can either put this bill on the floor, actually have a debate, make progressives vote against this piece of legislation or she can keep trying to hammer out these negotiations behind the scenes. And that's really where we believe that this could be headed.

Pelosi was very clear last night, that her plan was still to bring this to the floor, but she did make it also clear they were taking things hour by hour and that's because she knows right now the votes are not there. You have heard from progressive after progressive member that they are prepared and ready to vote against this $1.2 trillion infrastructure bill if it comes up for a vote, and you also heard from Republicans that they are not going to be there to fill in the gaps if this bill doesn't have Democratic votes.

We expected that there could be 12 to 15 Republican defections here, but, remember, Republican leadership has been whipping against a bill, and this is important to note, that McConnell voted for in the Senate, that other Republicans voted to pass in the Senate. So Republicans aren't going to be there to make up the difference if there really are 60 progressives willing to bring this down.

This is going to be a momentous moment. If either it doesn't come to the floor today or it comes to the floor and it fails, but sources are telling us both at the White House and here at Capitol Hill that this isn't the end of Biden's agenda. Yes, it would be a major setback, but they are going to continue working. Meanwhile, you have those progressives continuing to dig in.

I talked to Manchin yesterday after he put out that blockbuster statement, explaining why he wanted this pause, and I said, do you even want a reconciliation bill at this point, and he made it clear, he does. But he wants it a lot narrower than how it is currently written. That $3.5 trillion social safety net bill is just too big for him -- Jim and Erica.

SCIUTTO: Jeremy Diamond at the White House. Let's be frank, Jeremy. a popular president has more influence on the Hill than an unpopular one. And Biden's popularity is down. I mean, he is in the mid-40s, even low 40s. Almost Trumpian levels right at this point in terms of approval. Is he heading the Hill today and what is his level of influence as the White House believe with lawmakers?

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Listen, at this point, we have no indication that the president is going to be headed to Capitol Hill. We do know that he is remaining engaged. He's been on the phone day in and day out with lawmakers. He's been meeting with some of those lawmakers here at the White House, including yesterday with Senator Kyrsten Sinema. So far we haven't seen Democrats distance themselves from President Biden in the way that you might see, you know, with a more unpopular president.

So that is not yet cause for concern for this White House. They do still see President Biden as the best chance to be able to bridge that gap between the moderate and progressive factions. But so far there have been no major breakthroughs including yesterday after that meeting between the president and Senator Kyrsten Sinema and then you saw that statement from Senator Joe Manchin which made very clear that a very wide berth still exists between these two warring factions of the Democratic Party.

[09:05:10]

So where does that leave us? Ultimately President Biden is going to need to try and find a way. But I think the point that Lauren made there is so important to underscore. Regardless of what happens today, whether or not there actually is an infrastructure vote on the floor, whether it happens and fails, or whether it is simply pulled before that vote can even happen, the White House does not see today as the end of the road.

They believe that there are days, perhaps even weeks ahead of ongoing negotiations to be able to get to this, and I know we've said this so many times this week, but ultimately the White House sees these two bills as so important to the president's agenda, to the -- for the Democratic Party heading into the midterms, that they believe all of this is too big to fail and that they must succeed in some way.

So these negotiations are going to be ongoing, but so far despite President Biden's decades of legislative experience, we haven't seen him be able to actually bridge that gap. We will see in the weeks ahead whether or not that is something that he can deliver.

HILL: Yes. Jeremy Diamond, Lauren Fox, appreciate it. Appreciate the reporting.

Joining us now to discuss, Laura Baron-Lopez, CNN political analyst and White House correspondent for Politico.

You know, picking up where Jeremy left off there, and Lauren, the White House noting this would not be the end of the Biden agenda. It's too big, right? They need infrastructure, they need this social safety net, all these changes to ultimately push through, but given the fact that the president doesn't seem to be making much headway here, I'm curious, what is that alternate plan to keep pushing the agenda forward, Laura?

LAURA BARON-LOPEZ, CNN POLITICAL ANALYST: The plan is to continue -- for Biden to continue to work with Manchin and Sinema, the two key holdouts in the Senate, on this big social spending package. And so the White House's strategy is to try to figure out what exactly those two senators want in this spending plan. What can they live with, what can they not live with, and then take a really solid framework to progressives, and say, is this enough?

Can you be OK with this agreement and then we can move forward to vote on the infrastructure package? It's important to remember also, Erica, that there was a failed vote on the bipartisan infrastructure bill earlier this summer, before it ultimately passed. Before Biden and his White House and Republicans finally came together on an agreement, and the White House actually saw that failed infrastructure vote as a key pressure point that got everyone talking at a much faster rate.

And so the White House is viewing this also potentially if it doesn't come up for a vote, if Pelosi pulls it or it fails, as another big pressure point to try to get everyone to the table to negotiate.

SCIUTTO: It's a good point. First failed vote and then the second vote they had 19 Republicans actually vote along with Democrats. That said, this public internal circular firing squad is deeply damaging to Democrats. Your latest reporting, Politico quotes an unnamed moderate House Democrat who warns a further delay on the bill would make Democrats, quote, "look even more incompetent."

I wonder what's the degree of awareness of that within the Democratic caucus and why the seeming willingness to kind of ignore that and just continue with this infighting?

BARON-LOPEZ: There is definitely a lot of concern among Democrats, especially House Democrats, about getting these bills passed because there are a lot of vulnerable frontliners who are in swing districts who want both packages. They don't just want one. But they do think that maybe if they got the infrastructure deal first, that would be OK because they want to be able to go home to their constituents with the key win here.

That being said, Jim, the White House, this is the strategy that Biden has implemented, even before he became president. When it appeared as though certain gaffes or other issues during his presidential campaign would take him down, the White House always sticks to their original strategy. Biden usually always sticks to his original strategy. And that was trying to pass these two bills in tandem together knowing that he had to do it that way because the fact that progressives want a lot of what's in the spending package, his moderate centrist faction wants the infrastructure bill.

And so the White House is deciding to pretty much ignore the noise, which is what they did a lot during the infrastructure battle, and they want to just plow ahead with their plan thinking that ultimately voters are only going to care about that end result versus a lot of the infighting that happened in between. HILL: So they try to focus on the positive and what they have seen has

worked before. There are also rumblings and frankly some frustration about the messaging or a lack thereof early on. I mean, we see this memo from the White House, but, you know, that just came out, I believe, it was Monday. Even the way that the $3.5 trillion was being talked about, that there wasn't enough of an emphasis especially for the public to understand this package on what it actually included and how it was paid for.

[09:10:08]

Is there an active effort now to try to fix that or has that ship sailed?

BARON-LOPEZ: I don't think the ship has sailed just yet. But the White House is definitely very aware of the fact that a lot of voters will say that different segments of the spending package of this package that would totally rewrite the social safety net, there is a lot of stuff that's popular in that. Polling shows that repeatedly, whether it's lowering prescription drug costs or extending the child tax credit.

The problem is, is that voters don't totally understand what's in this package, and so they're running into that, even when one of Biden's former campaign pollsters, Celinda Lake has been telling me all summer, voters think that they like this package, but they don't really understand what's in it. And so that's going to be really key, especially if it's passed, for Democrats to be hammering all the way into 2022.

SCIUTTO: Yes. Also questions the kitchen sink approach, perhaps, right, throwing it all together. Folks can barely keep track.

Laura Baron-Lopez, always good to have you on. Thank you.

Well, right now, senators are scrambling just to extend a highway funding law as money for critical highway programs could be at risk, this is existing money, if the House has not passed that larger new infrastructure bill tonight.

HILL: CNN correspondent Pete Muntean following all of this for us.

So, Pete, the House debating whether this should be approved. Where does that stand right now? And just remind us, too, what's at risk here if this funding does lapse?

PETE MUNTEAN, CNN CORRESPONDENT: Well, Erica, this is just one of the projects that could potentially be hurt by this. This is the new Frederick Douglas Memorial Bridge here in D.C. It just opened and 60 percent, $200 million of its funding comes from the federal government, funding that could dry up later on tonight. A one-year extension of Federal Highway Funding was passed last year. It expires at midnight.

A five-year extension is called for in the Biden infrastructure bill, but without that, senators say they might just need to pass a one- month stopgap to do this. I've been talking to trade groups about this. They say this is so critical and it must be done.

(BEGIN VIDEO CLIP)

JIM TYMON, EXECUTIVE DIRECTOR, AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS: It's really critical that Congress is able to find a way to get this bill done as soon as possible so that we're not leaving state DOTs, other transportation agencies and contractors out there without payment for work that they've already done.

(END OF VIDEO CLIP)

MUNTEAN: States like Pennsylvania, Virginia, and Michigan are worried about this. Sometimes they get reimbursement from the federal government on a day-to-day basis. So they say they could only keep this projects going for a little while longer until they have to start putting shovels down and stop construction. You know, an unintended consequence of inaction here, Jim and Erica, is going to have a really big impact.

SCIUTTO: Pete Muntean, thanks so much.

Still ahead this hour, the January 6th Committee issues a second round of subpoenas. This time for 11 people who helped organize these so- called "Stop the Steal" rally that day. Congressman Adam Schiff will join me live to discuss what exactly they're looking for. Also who could be next.

HILL: Plus, the CDC issuing an urgent recommendation for pregnant women. Telling them to get the COVID-19 vaccine, the data pushing that new recommendation.

And new details on the search for Brian Laundrie. The family attorney confirming he bought a new cell phone just days after returning home without Gabby Petito.

CNN NATIONAL CORRESPONDENT:

[09:18:00]

HILL: The CDC issuing an urgent recommendation for pregnant women. Get vaccinated. The agency says pregnant patients with coronavirus symptoms have double the risk of being admitted to the ICU and they may be more likely to die.

Kristen Holmes is joining us now from Washington with more on this morning.

And it is so important because we know what happens to a woman's immune system when she's pregnant.

KRISTEN HOLMES, CNN NATIONAL CORRESPONDENT: Yes. That's right, Erica. I mean, this urgency coming after staggering new data shows that only 31 percent of pregnant people have been fully vaccinated. And on top of that, the highest amount of COVID-19 deaths in pregnant women occurred in August. So just one month ago. So you're seeing a renewed sense of energy around trying to get pregnant women vaccinated.

Take a listen to what Dr. Fauci said yesterday about this.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: What we don't want to do is see women who for some reason or another are hesitant to get vaccinated when they're pregnant, or wanting to get pregnant, and then have a negative impact on their pregnancy. You can protect yourself, your pregnancy, and your fetus by getting vaccinated.

(END OF VIDEO CLIP)

HOLMES: And health officials are stressing, it's not just about protecting the mother but it's also about protecting the birth itself and complications from that birth. In a statement from the CDC, they say in addition to the risks of severe illness and death for pregnant and recently pregnant people, there is an increased risk for adverse pregnancy and neonatal outcomes. Other adverse pregnancy outcomes such as still births have been reported.

And, Erica, as we know, being pregnant is really scary. There are so many dos and don'ts. But the question about whether or not you should get vaccinated shouldn't be one of these questions. Because all health officials agree, the best way to protect you and your baby is to get that vaccine.

HILL: Yes, that's so important. It's not this question of, should I have a cup of coffee or should I not? This is something there is such agreement on.

Meantime, when it comes to vaccines, the White House now saying private companies should expect vaccine requirements to come this year. What more do we know about that and when potentially?

[09:20:02]

HOLMES: Yes, so the question of when is really up in the air right now. This comes after President Biden weeks ago issued his most stringent regulations on vaccines, ordering the Department of Labor to ensure companies with over 100 employees make sure their workers are either vaccinated or getting tested regularly.

Now, yesterday Jen Psaki, the press secretary of the White House, saying that they hoped to have more details on these regulations in the coming weeks. She also stressed that this doesn't mean that there was a delay, that they never gave a timeline on this, but I will tell you from talking to companies behind the scenes there are still a lot of conversations going on. They want to know how this is going to work and how it's going to be enforced.

But, again, looking at the next couple of weeks, that's what we're hearing right now from the White House on this.

HILL: All right, appreciate it, Kristen Holmes, thank you. Jim? SCIUTTO: Well, President Biden ramping up his efforts to appoint more

nominees to the judicial branch. This morning he nominated 10 more people to the federal bench. That brings the total to 53 federal judicial nominations so far in his term. The White House says that nearly three-quarters of them are women, around 70 percent are minorities.

CNN Supreme Court reporter Ariane de Vogue joins me now.

Ariane, so we're eight months in. We know that judicial appointments were big talking points for President Bush, President Trump, and he constantly talked about his numbers there, right. When you look at them broadly, is the Biden administration roughly on the same pace or perhaps ahead of the Trump administration at this point?

ARIANE DE VOGUE, CNN SUPREME COURT CORRESPONDENT: So far it's roughly on the same pace and keep in mind these Democrats are still reeling from the fact that Trump put such an emphasis, he changed the face of the lower courts and the Supreme Court, Jim.

SCIUTTO: Yes.

DE VOGUE: And we are seeing the effects on the Supreme Court now with his three nominees in the areas of abortion, Second Amendment. Like you said, of the 53, nearly three-quarters are women, there are 15 who are African-American, Asian-American, Hispanic, but he's also looking at professional diversity. He's looking at people who served in civil rights groups. And one of the most interesting nominees that we saw today is Dale Hogue who has spent his entire career in the area of voting rights.

So these are the kind of candidates, nominees, that Biden is pushing forward in an effort to make up ground that Trump really was able to master when he was president.

SCIUTTO: It's a good point. Because it's a different kind of diversity. Right?

DE VOGUE: Yes.

SCIUTTO: Not just ivory tower kind of legal folks.

DE VOGUE: Absolutely.

SCIUTTO: Or folks with political backgrounds, but prosecutors, folks with broader experience, which, you know, if you look at the past Supreme Court, you had a lot of very influential justices.

DE VOGUE: They're judges, former judges.

SCIUTTO: Who had different backgrounds. All right, so we have -- and it's an understatement to say big Supreme Court term coming up and liberal justice Sonia Sotomayor, she gave a gloomy warning as to what folks should expect on a lot of those issues you mentioned.

DE VOGUE: Right. The term starts on Monday. It's going to have a direct challenge to "Roe v. Wade." A big gun rights case. Of course her comments come just after the court allowed that Texas law to go into effect, and she was talking to a group of law students and basically said for them that the law can be disappointing.

Here's what she said. She said there is going to be a lot of disappointment in the law, a huge amount as you study cases and look at outcomes you would disagree with, it can get frustrating. Look at me. Look at my dissents. So, you know, I can't change Texas' law, but you can. Everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don't like.

And, Jim, she brought up the Texas law. And justices usually don't talk about a case that's pending before them. But already she had said so many harsh things about it, she probably won't get into too much trouble there. But it's worth noting Sotomayor is different from the other liberals, Kagan and Biden. They seem to be working at sort of containing damage. She's looking to the future and she's hoping that these dissents she's writes now will one day become her majority opinions or majority opinions.

SCIUTTO: Very briefly, chances that "Roe v. Wade" is overturned during this term?

DE VOGUE: Well, certainly it sure looks like if it's not overturned it's going to be severely gutted or cut back.

SCIUTTO: With enormous consequences. Ariane de Vogue, thanks very much.

Coming up next, new subpoenas in the riot, the investigation into the riot at the Capitol. Lawmakers now targeting the organizers behind the so-called Stop the Steal rally. I'm going to speak one on one with a member of the select committee investigating the January 6th attack. That's next.

(COMMERCIAL BREAK)

[09:28:53]

SCIUTTO: The select committee investigating the January 6th insurrection has issued a second round of subpoenas now, this time targeting those who planned and organized the so-called Stop the Steal rally preceding the Capitol attack. The list includes 11 people affiliated with the organization Women for America First. The group that held the permit for the rally including its chairwoman Amy Kremer.

Joining me now is Democratic Congressman Adam Schiff. He's chairman of the House Intelligence Committee, a member of the Select Committee.

Congressman, thanks so much for taking the time this morning.

REP. ADAM SCHIFF (D-CA): Jim, good to be with you.

SCIUTTO: So what led you, if you could explain, to send out this latest batch? Why the focus on this particular group? SCHIFF: Well, this group was very involved in planning that Stop the

Steal rally that resulted in the insurrection against the Capitol as well as other events, but part of our mission in writing a comprehensive analysis of what went wrong and how to protect the country going forward is to understand what was the planning for this, what was the financing for this, what were the expectations? Was there knowledge that this was going to turn violent? Was that part of the plan from the beginning? So these witnesses will have important information relevant to those questions.