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Soon: House To Vote On Short-Term Bill Avert Shutdown; McCarthy: "If Somebody Wants To Remove Me For Putting Americans First Then So Be It"; Most National Parks To Close If Government Shuts Down; Record Rain In NYC Causes Life-Threatening Flooding; Arrest Made In 1996 Murder Of Rapper Tupac Shakur. Aired 12-1p ET

Aired September 30, 2023 - 12:00   ET

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

(COMMERCIAL BREAK)

ANNOUNCER: This is CNN "BREAKING NEWS".

[12:01:14]

FREDRICKA WHITFIELD, CNN ANCHOR: Hello again, everyone. Thank you so much for joining me this Saturday. I'm Fredricka Whitfield.

Right now, we are watching on Capitol Hill, lawmakers on the House floor with a potential government shutdown just less than 12 hours away.

They are now trying to discern whether a proposed last ditch effort measure to keep the government funded will be something that they'll be voting on momentarily.

Right now, we're looking at pictures of House members voting on trying to get extra time so that Democrats feel that they could spend more time to look at this latest measure before it actually goes to vote.

House Speaker Kevin McCarthy's latest plan is a 45-day spending bill that would allow for the government to continue working for at least 45 days while they try to work things out.

We've got it covered from all angles. CNN's Lauren Fox is joining us from Capitol Hill. Priscilla Alvarez is tracking the potential responses coming from the White House.

Lauren, let's go to you first on what is a procedural vote right now, because Democrats say they need a little bit more time before making any decisions on McCarthy's latest plan.

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT: Yes, what you're seeing play out right now on the House floor is a delay tactic by House Democrats. They are basically trying to buy themselves a little more time to have a conversation within their caucus about whether or not to support this short-term spending bill.

So, this is just a delay tactic and opportunity to try to give their members a little bit of wiggle room to go downstairs, have a conversation and figure out if they come back this proposal that would fund the government for 45 days through November 17th, and would include billions in disaster aid, but no money for Ukraine aid, and that is the key flashpoint right now between the House and the Senate.

The Senate's proposal includes $6.2 billion for Ukraine aid, this House proposal doesn't. Democrats are irate right now. They feel as though they are being squeezed by the House Speaker. They say that, you know, they are trying to read through the details, scrub the legislation to understand what is actually inside of it before voting on it.

And a couple of them are calling out the House Speaker for this being sort of a rich move by him, given the fact that House Republicans and conservatives for the last several months in the House of Representatives have been saying that they want to give their members 72 hours to look over legislation before they vote on it.

So, Democrats trying to understand what is inside this bill, trying to make sure that they are making the right decision. But obviously, this is a move by Republicans to try and have a position in this negotiation with the Senate. To try to force Democrats to decide would they rather have a shutdown? Or would they rather have Ukraine aid?

And I think that, that is the pivotal moment, and something that House Republican leadership is trying to force right now, Fredricka.

WHITFIELD: And then Lauren, if Democrats are successful in trying to get more time, how much time are we talking about in order to get through, read through this proposal before it would be put to a vote?

FOX: Well, they can use these procedural hurdles for a long time, Fredricka. It will be up to Democrats to decide how much time they actually need to go over this legislation.

But again, this is just an opportunity for Democrats to go downstairs, have a caucus meeting and decide as a unit how they want to proceed. Because this bill would come with a suspension of the rules, a lot of Democrats are going to be needed. Dozens. Likely, close to 100.

And so, what you have right now is Democrats having to decide in a pretty large way whether or not they're going to get behind this. You can expect that they're having conversations with the White House, you can expect that they're having conversations with Republican colleagues who they trust on an individual basis.

[12:05:04]

So, that is what you're seeing play out right now. But obviously, this day, all the twists and turns that are happening are coming as the shutdown is looming in just a couple of hours. Fred.

WHITFIELD: OK. Lauren Fox, thank you so much. We'll check back with you as news merits.

Let's go to the White House now. Priscilla Alvarez. And we understand that conversations between the White House and the House Democrats is actually underway right now. What do you know about those conversations or the parameters of the conversations?

PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: That's right. White House officials are consulting with House Democrats on this short-term bill. That's according to a source familiar who told our M.J. Lee.

But the White House has not yet publicly weighed in on this and whether they support it, of course, as you heard there, from Lauren, all of this happening very quickly, and House Democrats as well as the White House poring over it.

We know, throughout the course of the day that the President has been briefed on each of these fast-developing moments on Capitol Hill. And that in the interim, we continue to hear from the White House, it is incumbent on Republicans to a avert a shutdown, and that they are the ones to blame if we head in that direction.

Now, in the interim, what the White House and federal agencies have been doing is preparing for a potential shutdown. So, as all of this is unfolding on --

(CROSSTALK)

WHITFIELD: Kevin McCarthy.

(BEGIN VIDEO CLIP)

REP. KEVIN MCCARTHY (R-CA): The government shutting down. But I cannot look at the troops in the eye, and then, worry here they are defending our freedoms of whether they can pay their car loan or the house payment.

So, let's keep it open, while we finish the work that we have to get done.

UNIDENTIFIED FEMALE: Speaker McCarthy, what do you say to Democrats who say that this is rushed, that they need more time to read this bill? Are you willing to give them a couple of hours to look through this?

MCCARTHY: How was at rush with this just a basic C.R.? They are making lies about saying something about pay -- no, this only goes 45 days. It has nothing to do with anything else. The only thing that's added into it, it helps the FAA, the White House was claiming the FAA problem.

Again, the House has passed an FAA bill, the Senate has not. So, we're trying to solve a lot of problems that the Senate has failed here. We add the disaster money for those people in Hawaii and Florida and California that were devastated that the White House asked for.

So, all we do is say keep government funded as it is, make sure the FAA can go forward, make sure the troops get paid, make sure the border agents are getting paid, and let's finish our props (PH) work and make sure we (INAUDIBLE)

(CROSSTALK) UNIDENTIFIED FEMALE: Why you're so --

UNIDENTIFIED FEMALE: Have you and --

UNIDENTIFIED FEMALE: Why you -- preserve --

(CROSSTALK)

MCCARTHY: I tried to make sure. I tried to pass the --

(CROSSTALK)

UNIDENTIFIED FEMALE: This particular C.R., why don't you bring it up -- two hours.

MCCARTHY: All right. When you ask questions, you didn't let me answer. OK?

UNIDENTIFIED FEMALE: Mr. Speaker, if preserve spending --

(CROSSTALK)

MCCARTHY: No, no, no, no. She asked the question, let me answer her question.

I've tried every different way. You've watched me day after day, after week, after week. So, I tried to pass the most conservative funding bill to keep us going to secure the border. That didn't get enough votes.

Here we are hours away before government shuts down. So, all I'm saying here is giving an opportunity to keep government open for 45 days because the Senate has not done their work. We finished doing our work so we can secure the border. If the border agents aren't paid, and we're having all this rush in, what would next month look like? I don't want to do that.

What would our military look like? Secretary of Transportation was claiming about the FAA. So, in here, we protect the FAA because the Senate didn't do their job and the House did.

So, what we're able to do is keep it funding, keep our work going. I have made sure that House stays in session, people are not going home, people finish doing their work.

Hopefully, the Senate would start theirs. And we'll be able to move forward.

UNIDENTIFIED FEMALE: Speaker McCarthy --

UNIDENTIFIED FEMALE: What do you say to hardliners who say that this preserves the status quo of spending under Pelosi, under Schumer?

MCCARTHY: To done (PH), it's 45 days. So, what happens here -- and when the government shuts down, those things keep going as well. So, what we're trying to do is in this short-time period, make sure we've been getting good bills passed, finish doing our jobs, and win overall.

To be able to secure the border at the end of the day, is you can't quit. And the one thing you know about me, sometimes there are obstacles, but don't lose sight of where the objective is.

Find your way around the obstacles. I don't think the American public should be punished for people not here. Look, if I want to be the adult in the room, and the Democrats want to vote no and shut the government down, then, that's on them.

Because I don't understand. What is the president done to try to keep this government open? Are they lobbying against this bill? Because that's what I'm hearing. What could they oppose on it? We provided them.

I wanted to pass the most conservative bill where we cut money, secure the border. Well, you know what? We didn't have enough Republicans to help us do that.

So, here we are, hours away, keep it open, keep the work going. So, we can secure the border and cut the wasteful spending.

UNIDENTIFIED FEMALE: Shouldn't that --

UNIDENTIFIED FEMALE: Speaker McCarthy, are you worried about losing your job, given the fact that you're bringing this to the floor?

MCCARTHY: OK. So, think about that for one moment. I never fear of that. But if I lose my job over looking out for the American public, for taking a stance for our troops and our border agents, then, I'm not quite sure what people want.

[12:10:01]

Because this allows us the time to get the job done, but why should they be punished because the Senate did nothing?

I mean, seriously, think about that question. If somebody wants to remove me from putting Americans first, then, so be it.

UNIDENTIFIED FEMALE: Should Americans --

UNIDENTIFIED FEMALE: (INAUDIBLE).

(END VIDEO CLIP)

WHITFIELD: All right. You saw House Speaker Kevin McCarthy say, you know, it's a very simple thing. He says, you know, it's a basic C.R., a short-term spending bill in order to keep government going for about 45 days, giving him, Republicans, Democrats, enough time to work something out. But bottom line to keep government going.

This is the measure that he wants to go for a vote today. Democrats are saying, wait a minute, we need a little bit more time to read through all of it. They are consulting with the White House to see in which what direction what kind of leverage there might be before any vote is to transpire.

But the House Speaker there, making it very clear that it would allow for money to keep paychecks going to U.S. military, Border Patrol, but it would not include money for Ukraine. The $6.2 million in U.S. aid money that many Democrats and many Republicans have said that they want.

Lauren Fox, they are asking many of the questions to the House Speaker.

Lauren, he is making it sound really simple, you know, that everyone should be on board with this, that he's worked really hard. And he's also placing blame that it's many Democrats who have not been on board with this.

But that is absent the fact that there have been a number of Republicans who have not been on board with his earlier proposal. So, where do things stand right now?

FOX: Yes, you heard from the House Speaker that he is viewing himself as, "the adult" in the room. He made that point, earlier today, when he was asked whether or not he was afraid if he would lose his job, if he brought a clean spending bill that would fund the government through November 17th to the floor.

He said, he is acting as the adult in the room. Just again, when we pressed him on the fact that Democrats are frustrated, that they feel like they have not had enough time to look over this proposal. That, once again, if the government is shut down, he says it will be on Democrats that he is acting as the adults in the room.

But repeatedly, you see there a defiant Speaker, because he knows that even bringing this up, even entertaining the idea of a 45-day clean C.R. that includes funding for disasters, that, that could potentially trigger a vote to oust him.

And that is why he says, you know, if they want to make that decision, that's up to them. But he said he is not afraid of losing his job. And he is not going to make decisions when it comes to government funding based on that reality.

But let's just play back the tape a little bit, because over the last week, House Speaker Kevin McCarthy has made every effort at every turn to try and get his Republican colleagues to back something on a short- term spending bill to keep the government funded.

He has given conservatives intense cuts on domestic spending. He has tried to include robust border provisions, all as a way to try to satisfy that hard, length -- hard right flank that he claims he is not afraid of.

So, it's a huge question right now. The two biggest questions looming for me are whether or not this bill can pass, whether or not Democrats are going to rally around it. They are meeting in a caucus right now, trying to make that decision as a Democratic caucus, who also have the other looming question: What does this mean? What does this decision that McCarthy made today mean for his future? Fred?

WHITFIELD: Right. I mean, Lauren, you asked that question, you know. Are you afraid of losing your job point blank? And he says, I'm not fearful. He was very defiant, you know, about answering that question and saying he's not fearful. Yet, you just helped convey how he has acquiesced to a small contingent of Republicans who are placing demands, and they keep reminding him that his job is on the line.

So, which is it? Is he trying to appease the small -- the minority of the Republican majority there, many of whom Republicans who said, they're on board with earlier proposals, bipartisan proposals that have been set forth by the Senate?

Does he feel like, or is he being honest or disingenuous about saying he is feeling pressure from a minority of Republicans who are holding his job, you know, over his head?

FOX: I thought that there was a very revealing moment, just now when he said, I tried. I tried every single thing I could think of to try and get hardliners to support something so that we could go and negotiate with the Senate on some kind of way to keep the government open.

But he said, you know, yesterday, I put it as conservative of a C.R. on the floor of the House as I thought I could get, and it still wasn't good enough for those members.

And I just want to walk the American people through what House Republicans put on the floor yesterday, because I do think it's important.

[12:15:05]

WHITFIELD: Yes.

FOX: That bill will have 30 percent cuts for domestic spending across agencies like HHS, across agencies like the Department of Interior. Those were very significant cuts. They were not enough for those hard right members.

And I think the calculation from McCarthy allies is that, perhaps, nothing was going to be enough. Perhaps, those members were never going to get to yes, and they wanted to force the Speaker into a potential position where maybe he had to work across the aisle with Democrats.

Now, the question, of course, is, did he wait too long to try and work with Democrats? And are Democrats going to rally around this proposal at the last minute now?

But you can hear the through the conversations that Republican members had today in their conference meeting for about two hours, that they, as a conference had to work through this as well.

That when they went into the meeting, they had one plan. When they came out of the meeting, they had another. This is a very, very fluid situation. But obviously, the Speaker thinks he got there late, perhaps, but he thinks he is making a decision that, in his view, makes him look like the adult in the room.

WHITFIELD: It is a very fluid situation. Right now, we're looking at a live pictures where they're not actually voting on that C.R. But instead, they are voting on whether Dems should be given more time, right? To read through this proposal.

FOX: What they're voting on is basically this procedural step that Democrats can use to try and just delay the vote on the actual short- term spending bill.

So, this is a delay tactic. This is an opportunity for Democrats to just have a conversation as a caucus about where they want to go to continue having conversations with the White House about where the White House thinks they should go, to continue having conversations with their Senate counterparts and whether or not they are going to put up a fight over the fact that there is not $6.2 billion in Ukraine funding in this legislation.

And I just want to point out that this short-term spending bill is about 70 pages. So, it does take some time to read. It's not the massive spending packages that we see that are 1,000s of pages long.

But you know, Democrats want some time to go through and just make sure they are not going to be voting on something that turns out to be a surprise for them.

WHITFIELD: All right. 72 pages if I heard you correctly. All right. Lauren Fox, thank you so much on Capitol Hill. We'll check back with you. I appreciate that.

Let's bring in David Swerdlick, the New York Times. He is joining us right now.

David, what -- you know, what do you make of what's taking place here in this last-ditch effort to try to keep government open? And you heard from the House Speaker there, with his candor, saying, wait a minute, I fear not about losing my job. But instead, you know, I'm working for the American people, trying to get this going. He's placing a lot of blame on Democrats and the White House for putting him and America in this position.

Yet, he says this is really simple. This car, you know, just gives us an extra 45 days to work things out. Yes, to this national disaster spending. Yes, to pay checks for U.S. troops and border agents. But still, there is a big no in this package to any kind of Ukraine funding. How do you see things, David?

DAVID SWERDLICK, CNN POLITICAL COMMENTATOR: Good afternoon, Fred. Yes. No, I think that the Speaker is in a tough spot. And everybody is trying to figure out how much leverage they have and how much they should use it.

The holdouts in the Republican caucus since this shutdown, threat started, have been in a way overplaying their hand, right? Their party only controls half of Congress, not the White House. And they are a minority within their own caucus. And yet, they are taking an all or nothing stance.

Meanwhile, Democrats are like --

(CROSSTALK)

WHITFIELD: And it's working.

SWERDLICK: Look, we know --

WHITFIELD: Isn't it?

SWERDLICK: But we're not just going to agree to anything, because we control the Senate and the White House.

Speaker McCarthy, as we've seen in the last couple of hours, is trying to play the role of the grown up.

The problem is, is that he's got the same problem that Speaker Boehner had before him, that Speaker Ryan had before him, which is he's hurting cats, and he is not as strong of a Speaker, as someone like Speaker Pelosi was on the Democratic side, who could, you know, sort of grab people by the collar in their own pockets and say, we've got to do this to keep the government open.

It probably makes sense to do a 45-day C.R., but from Democrats point of view, where is the Ukraine money, Fred? And then, from Republicans point of view, we're kicking this down the road, now we're going to have to have the same argument. And by that time, it will be (INAUDIBLE).

WHITFIELD: But perhaps, though, just as you draw the comparison, House Speaker Pelosi was able to kind of corral and caucus people before.

SWERDLICK: Right.

WHITFIELD: She would make those assurances before there would be any kind of vote. We're not necessarily seeing that that's demonstrative of House Speaker McCarthy's style.

However, you know, if he is to get some time, you know, with this 45 -- extra 45 days, perhaps, he is looking at it as this gives him time to try to corral everyone.

[12:20:04]

You know, while you said it's -- you know, it -- with this minority, it's all or nothing, I mean, they are succeeding thus far, because he seems like he is subservient to those, what? 20 or 30 or so Republicans, who are standing in the way of a consensus.

SWERDLICK: Right. In a way we are at this moment now, because of those 13 or 14 votes that we had months ago, when he was being selected as Speaker. This is the sort of endpoint of that whole fight.

These members of Congress ultimately backed him to be Speaker with the threat that if they didn't get what they wanted down the road, something like this might happen.

When you're the Speaker, as your viewers know, Fred, you've got to be able to move your caucus and move the business of the House. There is no filibuster, it's just a straight majority situation.

And you've got to try and keep your caucus in line. The reason I made that analogy about Speaker Pelosi, from people loved her, from people hated her.

But she was an expert vote counter, an expert fundraiser, and she commanded her caucus definitively in a way that people knew you can break from her. But you have to have a good reason for it. And you know, that there might be reasons down the road, why she might come back to you on it.

McCarthy has this bare minimum --

(CROSSTALK)

WHITFIELD: OK.

Hey, David, we've got more to listen to. Here is House Speaker McCarthy, again. Let's listen.

(BEGIN VIDEO CLIP)

MCCARTHY: -- to Ukraine, when they already have their money. They have $3 billion more dollars to go. So, why do we have to shut down government for 45 days because the Democrats want to hinge just on Ukraine.

I want to look at our American troops. I want to make sure they are funded. I think they take priority.

UNIDENTIFIED FEMALE: Thank you, Speaker.

(END VIDEO CLIP)

WHITFIELD: All right. You hear him, David. Again, saying, you know, I want government working, I want people to get their paychecks. He is -- he is flooding, you know, the airwaves. He is -- he is -- he is trying to control the narrative of his efforts and the messaging that everyone else is standing in the way.

This is my ambition. I want to keep things going.

(CROSSTALK)

SWERDLICK: Right.

WHITFIELD: But it's everyone else who is not cooperating. Is that going to effectively allow him to have more leverage to get a caucus? To follow his leadership on getting something passed?

SWERDLICK: Right, Fred. That was another example of him trying to present himself as the grown up in the room. I saw Lauren there in that shot, and she laid it out there in the last segment.

This bill that the Republicans had put forward that the holdouts don't want to go for had 30 percent domestic spending cuts. In a -- in a "normal environment", Republicans would say, look, we don't have the Senate, maybe we should try and push that.

But these holdouts want more. There is this wrangling over the Ukraine funding. I think, McCarthy is trying to do two things at once.

WHITFIELD: OK.

SWERDLICK: Hold his caucus together, not look like he's getting into the holdouts, but not cooperate with Democrats, use their votes to pass his bill only as a last resort, because that might be more trouble for him with the holdouts. He has to do that.

WHITFIELD: Right. Many other Republicans have said, you know, use the parallel, saying, voting with Democrats as opposed to, you know, voting with McCarthy on his leadership in that direction.

David, hold on for a second, because Lauren Fox is back with us now. We saw her, you know, pressing the House Speaker McCarthy.

Suddenly, Lauren, McCarthy is very available. What's happening?

FOX: Yes, House Speaker Kevin McCarthy, just coming off of the House floor. And the point that he's making is he says Democrats are basically trying to cause a shutdown. And that is a line that you could expect that House Republicans were going to be making, because even though they are bringing this up at the last minute, his argument is that if Democrats just voted for it, they could potentially be on a path to avoid a government shutdown.

House Democrats are having a conversation right now about what they are going to do. Our colleague, Annie Grayer, who is outside of that meeting, said a lot of Democrats coming out of that are saying that they just want more time to review the bill.

But you heard from House Speaker Kevin McCarthy that he doesn't understand why they need so much more time. His argument is, is this just a short-term spending bill that keep the government open through November 17th. There is really not a lot to see there. They need to just decide if they're going to vote for this or not to potentially avert a shutdown.

But obviously, the House Speaker believes that House Republicans now have a plan to try to stop the shutdown, as Senate Republicans and Democrats are still working through their bill in the Senate. And because of some procedural hurdles by Senator Rand Paul, because of the Ukraine aid over there, they potentially may not actually finish their bill until Monday after a shutdown has already started.

So, McCarthy's argument is this is really the only bill right now that could potentially avoid a shutdown.

WHITFIELD: Right. Senator Rand Paul made it very clear; he doesn't want to see any more money allocated to Ukraine in such a package -- just elaborating further on what you're saying there.

[12:25:05]

OK. So, Lauren, hold tight. You're doing awesome on Capitol Hill there, and chasing down all the important players, including the House Speaker there.

David Swerdlick, hold tight as well. We're going to pick up our conversation after a short break for now.

Keep a close watch here on CNN. And, later on this evening, special live coverage of the "SHUTDOWN SHOWDOWN". Join Dana Bash in Washington, D.C. tonight, 9:00 p.m. Eastern right here on CNN.

We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right. If your weekends include visiting a national park, today could be your last chance for a while, potentially. The National Park Service will close most of its parks if Congress cannot come to an agreement and avoid a U.S. government shutdown. And that would include the popular online campaign known as Fat Bear Week.

While some and parks may be physically accessible to the public, some services like trash pickup and sanitation will be significantly reduced.

[12:30:09]

The passable government shutdown, also forcing a change of plans for the celebration of former President Jimmy Carter's 99th birthday this weekend. His actual birthday is tomorrow, but the party will be held today. And that's largely because his party was going to be at a national park tomorrow. And just in case the park is closed, they decided they're going to do it today.

CNN correspondent Isabel Rosales is joining me live now from the Jimmy Carter Center in Atlanta. So, Isabel, what are you learning about today's events and how people are also gathering there also to try to celebrate his birthday?

ISABEL ROSALES, CNN CORRESPONDENT: Hey, Fred, so the Jimmy Carter Center is privately owned. That would not be impacted, but I am standing in the building that it would be very noticeable should a government shutdown happen. And that is the building containing the library and the museum. This would shutdown if that government funding does not come in.

So right here you can see that there is a celebration happening. They moved it up. Jimmy Carter's birthday is tomorrow, his 99th birthday. They're celebrating it today. Most of the activities happening today to make sure to give folks a chance here to celebrate and honor America's oldest living president.

So right in that direction, they're taking video messages for the 39th president. And then right over here, look at this. They are signing birthday cards for him in crayon, giving well wishes. Over here, folks of all different ages having their well wishes be sent forward to the former president.

And in that direction, right over there, a birthday cake celebration. A little bit of a line here, folks, trying to celebrate his birthday. And I do also want to say to you, Fred, that according to the National Archives, some of the most beloved museums, national parks, presidential libraries, they would be impacted by this government shutdown. All Smithsonian museums and the National Zoo would be closed.

However, we did hear from a press release yesterday that they would remain open until at least next Saturday. That is thanks to some money that they've had there in the bank from some previous years. And the National Park Service, also saying that it plans to close most U.S. national parks. That's a lesson learned from seeing all that trash piling up, seeing toilets overflowing, and also vandalism due to the reduced workforce.

So visitors, what should they expect? Locked gates, closed visitor centers, and no trail or road updates as thousands of park rangers are furloughed.

But I do also want to say, Fred, we did see the former president, Jimmy Carter and his wife, Rosalynn, in their hometown of Plains, Georgia, celebrating, riding, taking a ride through town for the Plains Peanut Festival, so incredible video just to see him doing so well. He's been in hospice care for seven months now. Fred?

WHITFIELD: Oh, right. That was such a beautiful moment to see them at the Peanut Festival, I think it was last week. And then many of the family members will be with them in the Plains, Georgia area this weekend where they will celebrate. But, you know, again, plans change a little bit. They were going to be at a national park tomorrow, but instead, they're going to be doing a lot of their very private with family festivities today in the Plains area. Thank you so much Isabel Rosales there at the Carter Center in Atlanta.

[12:33:42]

All right, we are continuing to keep a close watch on Capitol Hill as Democrats and Republicans are positioning themselves for a possible spending measure that might buy some time to keep the U.S. government open. We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: All right, welcome back. A potential government shutdown less than 12 hours away. All eyes are on Capitol Hill right now as House Republicans and Democrats now try to consider a short term, proposed short term spending bill that would keep the U.S. government open for another 45 days while they work out their spending allocation differences. A vote on that could happen today. We keep a close watch on it.

Meantime, House Speaker Kevin McCarthy's latest plan it's difficult to know whether it is getting much support, but he will need Democrats help in order to pass it. Right now, Dems are huddling, in fact also consulting with the White House to discuss on whether they will be voting on it. And if they do not get it done, millions of federal workers will be furloughed or forced to work without getting paid. We'll keep you posted on the developments there on Capitol Hill.

Meantime, New York City is under a state of emergency today following a record setting downpour yesterday that overwhelmed the city's sewer system, causing a surge of floodwater that drowned the streets, poured into vehicles, basements and schools. You see right there, a lot of vehicles didn't make it through that high water, and people were trying their best to make it through high water. This is actually at LaGuardia Airport. People pulling their luggage. They've taken off their shoes. It's been a real mess.

And then we understand some of the terminals have since been reopened, along with subway lines that also had closed. Friday was the wettest day on record at JFK, with the airport getting almost nine inches of rain. Brooklyn saw up to 4.5 inches a month's worth of rain falling in only three hours, something that happens only about once in every 100 years.

[12:40:05]

And in Manhattan, nearly two inches of rain falling in one hour in Central Park, the second wettest hour there in 80 years. The flooding was so extreme that a sea lion, if you see right there in the middle of that frame shot, escaped from Central Park Zoo before safely returning to her pool after the surge. Pretty crazy moments. CNN's Polo Sandoval and Allison Chinchar are with me right now. Polo, to you first. I mean, how are New Yorkers recovering from all that?

POLO SANDOVAL, CNN CORRESPONDENT: Fred, as you know, the New York City subway system is the lifeblood of the city. So as you can imagine yesterday as this storm was dumping record amounts of rain over the New York City tri-state area, that system, many aspects of it, was practically paralyzed as officials were trying to get it back online. So the result was an absolute nightmare of a Friday for so many people in America's largest city.

However, this morning we heard from New York State Governor Kathy Hochul, who announced that system is back up and running 100 percent, at least in terms of the weekend service. So that is certainly a positive development. We have not seen any major issues here in Manhattan. But I tell you what we've also heard from officials is commending not just the response, but also residents themselves, who, according to the governor, largely heeded those warnings coming from officials if you can stay home to do so and for those people living in basement apartments to be extra alert.

And that, according to the governor, was really one of the main reasons why we did not see any injuries or any potential deaths, which is something that we've seen during previous storms. So there really is sort of a feeling of relief, even some pride, but also some really important questions about what can be done in the future to at least minimize the impact as we heard from Governor Hochul say that she blamed climate change for seeing these sort of weather events happening on a more frequent basis, saying that the infrastructure simply cannot keep up with the changes that we've noticed here.

And so because of that, the governor, the mayor certainly, has been calling on increased investments in the infrastructure, especially some of those drains that are equipped to handle about 1.75 inches an hour, Fred. But when you look at what we saw yesterday, some sections getting a rate of three inches an hour.

So because of that, officials are certainly taking a hard look at that. But overall, standing by that response that we saw not only during the storm but leading up to it as well.

WHITFIELD: Yes, it's still mind boggling, Polo, to see this water, I mean, flooding into buses on the highways like that. And I'm just surprised at how many cars were able to get through that kind of high water. Thank you so much, Polo. Allison Chinchar in the Weather Center, what's next for the folks in the Northeast?

ALLISON CHINCHAR, CNN METEOROLOGIST: Unfortunately, a little bit more rain, Fred. We've still got this cluster of showers right here that's starting to push its way into the Northeast. The heaviest rain right now kind of right across Nantucket and the Cape. Also some moderate showers at times starting to spread into Long Island. Once we can get through this last cluster, we'll finally start to see an end to all of this rain.

Now, most of these areas only expected to pick up about an extra half an inch to maybe one inch of rain. That may not sound like much, but you have to remember it's on top of what we've already had. You have several flood warnings in effect across the Northeast. Still, that's not necessarily for the additional rain expected today. It's for all of the rain that fell yesterday. You get a lot of rain, it comes in quickly, but it doesn't necessarily go out very quickly. It takes time for that water to recede.

As you mentioned, we picked up over eight inches of record at JFK, but also picking up over nine inches in Valley Stream, New York, and numerous other locations across New York, New Jersey and Connecticut, five and even six inches of rain. Again, it takes time for that water to go away, and that's where the concern becomes today. So even if they do only get a half inch or another inch of rain on top of what they've had, it's just going to slow that progress of getting rid of that water and likely exacerbate some of that ongoing flooding.

Here's a look at the rest of the day. Again, there's still that final cluster still lingering across some areas, especially the farther east locations like the Cape, Martha's Vineyard and Nantucket, maybe even around Montauk, New York. We're looking there. Those places still likely to kind of linger into the afternoon.

But by the overnight hours tonight, that rain finally recedes. And then once we get to Sunday, finally a nice dry day from start to finish. And a lot more sunshine than these areas have really been used to. So, again, Fred, just kind of got to get through the next 12 hours or so, and then we will finally start to see big improvements in the forecast.

WHITFIELD: All right, very good. I know they look forward to that. Allison Chinchar, thank you so much.

[12:44:45]

And, of course, folks are looking forward to any good news that may come out of this Capitol Hill activity. Will there be a vote on a short, proposed short term spending bill? We'll find out. Stay with us.

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WHITFIELD: All right. Welcome back. A grand jury has indicted a 60- year-old man in the 1996 murder of rapper Tupac Shakur. Police say Duane Keith Davis admitted his role in the murder back in 2009, but couldn't be charged then because of an earlier agreement that prohibited any statements from being used against him.

Officials describe Davis as the ringmaster of the plot to kill Tupac. But they say it was his public bragging about the incident that provided evidence leading to his arrest on Friday. Police say he is the only living suspect linked to Tupac's murder. CNN's Sara Sidner has a look at Tupac Shakur's life.

(BEGIN VIDEOTAPE)

SARA SIDNER, CNN ANCHOR AND SENIOR NATIONAL AND INTERNATIONAL CORRESPONDENT (voice-over): He was one of the most prolific voices of the hip-hop generation. Tupac Amaru Shakur, a young man with big, bright eyes and a poetic sensibility who spit out lyrics that detailed life as he knew it unvarnished.

[12:50:01]

He revealed the beauty and pain of his life and those around him. The themes stretched from violence in the streets to Black liberation, to the love between a mother and son.

(MUSIC)

SIDNER (voice-over): Tupac lived a version of the American dream, as well as an American nightmare. He was a young Black man who unchained himself from the extreme poverty he grew up in, in Baltimore and California. His school friends say his nose was always in a book, always learning. But it was his music and acting that set the world alight.

AFENI SHAKUR, MOTHER OF TUPAC SHAKUR: Tupac was extremely passionate, very honest, and raw in his approach to communicating.

SIDNER (voice-over): He became a world-famous icon of an emerging genre of music, hip-hop, only to be gunned down at just 25 years old near a Las Vegas street corner. Retired Las Vegas police lieutenant Chris Carroll was first on the scene that September day in 1996.

CHRIS CARROLL, RETIRED LVMPD LIEUTENANT: I ended up pulling Tupac out of the car. I spoke to him. He was still alive. He was still breathing. I was asking him who did it. Who shot him? What happened? And that's when he responded to me with the now-infamous words "F you."

SIDNER (voice-over): To put it mildly, Shakur was not a fan of the police for a myriad of reasons. For one, his mother says, he experienced police violence while still in her womb. Afeni Shakur recounted the FBI charging into her home, guns out, and carting her off to jail for being a member of the Black Panthers. She defended herself in court and won her case against the state.

A. SHAKUR: He was born one month and three days after we were acquitted.

SIDNER (voice-over): Tupac also had his own run-in with violence and the law.

TUPAC SHAKUR, AMERICAN RAPPER: I will make this court proud if they give me the chance to do so. I mean, I'm sure you all don't need to see another Black face behind bars.

SIDNER (voice-over): He was a natural-born fighter for Black causes, born of two members of the Black Panther party.

A. SHAKUR: I am his mother and to a large extent, I feel as though Tupac came into this world carrying my Black Panther party pass was his baggage.

SIDNER (voice-over): He was shot five times during a robbery in Quad Studios at Times Square and lived to tell the tale. He always thought East Coast rappers set him up.

He was arrested multiple times, accused of violence, but Tupac went to prison after being convicted of sexual abuse in 1995. That happened about a month before the release of his album "Me Against The World." He was bonded out after eight months by Suge Knight, CEO of Death Row Records.

(MUSIC)

SIDNER (voice-over): The raw words of his songs served as a form of empowerment for people feeling the weight of oppression. Twenty-seven years after his death his music is as relevant as ever.

Then, this week, a stunning announcement. Las Vegas police suddenly revealing they served a search warrant on this Henderson, Nevada home. In the warrant, there is mention of the South Side Compton Crips gang. And they seized items belonging to a man named Duane Keith Davis, nicknamed "Keefe D."

In 1996, Los Angeles police did pick up and question this man they said belonged to that same gang. Orlando Anderson was named a suspect in the case but he was never charged. UNIDENTIFIED FEMALE: Were you involved in any way in the death of Tupac Shakur?

ORLANDO ANDERSON, INVOLVED IN FIGHT WITH TUPAC SHAKUR ON NIGHT OF HIS DEATH: No, I was not involved. I mean, I'm like a victim. You know, that's what I feel, you know what I'm saying? I feel sorry for him.

SIDNER (voice-over): The night of Tupac's murder, surveillance showed Anderson being beaten by Shakur and his entourage in Las Vegas. Hours later, Shakur is shot and killed while in the car with Suge Knight.

No one knows what will come of the new police activity but after 27 years of waiting his fans and his family hope not just that the murder is solved by that justice is served.

Sara Sidner, CNN, New York.

(END VIDEOTAPE)

WHITFIELD: Again, there's now been an indictment. Sara Sidner, thank you so much.

Let's bring in Areva Martin. She is an attorney and CNN legal affairs commentator. Good to see you. So, Duane Davis, you know, not accused being the gunman, but of the ringleader. What changed that he is now indicted?

AREVA MARTIN, CNN LEGAL AFFAIRS COMMENTATOR: You know, Fred, this is a really interesting case, 27 years ago, Tupac Shakur was gunned down in Las Vegas. And at least four or five years ago, Duane Davis wrote a memoir where he talked about the shooting. He also participated in a Netflix documentary. So many people are asking, why did it take the police so long to indict and arrest Duane Davis? He essentially admitted that he was involved in the killing. And the police saying it is his own words, his own admission which led them to this recent arrest.

[12:55:12]

WHITFIELD: Well, is there a feeling that it might lead to other indictments or arrest or others involved, especially since it is being said that he was not the one who actually pulled the trigger?

MARTIN: You know it's interesting, Fred, because the other individuals in the car that allegedly pulled up and shot Tupac Shakur, those three other individuals are upset and so it's not likely that they're going to be other arrests. One of the individuals I know died in a very violent incident himself was actually gunned down.

So it's not clear that other arrests will be made. I know for Tupac Shakur fans, the arrest of Davis brings them a great deal of relief. There's always been so much speculation and suspicion around how come the police could not solve this murder.

WHITFIELD: Yes. What does this say to you now about, you know, the continued investigation of cases that appear to be cold or seem like they're going nowhere, only for decades later, for there to be an arrest or an indictment?

MARTIN: I think it says, Fred, that police have the capacity to solve even cases that are considered cold cases. We've seen in recent years, many cases that appear to not have any resolution, only for there to be some piece of evidence or some witness to come forward or some tip that led police to an ultimate arrest. I know Tupac Shakur fans had never given up.

They were persistent and continue to believe that justice would be served in this case. Not sure that this is what they expected, but I know a lot of people are breathing a sigh of relief as a result of this arrest.

WHITFIELD: All right, Areva Martin, we'll leave it there for now. Thank you so much for being with us this Saturday. It's a busy day.

MARTIN: Thanks, Fred.

WHITFIELD: All right. And we'll continue to watch Capitol Hill whether the vote -- whether the House will vote on a 45-day short term funding bill, will that happen? Tomorrow, one of the conservative hardliner Republicans who has been sparring with House Speaker Kevin McCarthy over this possible government shutdown will appear on CNN. Florida Congressman Matt Gaetz will be on CNN, joining Jake Tapper on CNN State of the Union at 9:00 a.m. Eastern right here on CNN.

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