jim cramer, see you tomorrow. the news with shep smith starts now. get vaccinated as a result of a clear and consistent deadline. >> inside the biden administration's man date, the new rules' impact on businesses and the legal backlash. the owner of the phoenix suns under fire. allegations of racism and misogyny on a massive scale. tonight the new reports outlining a toxic work

environment. a nearly all-white jury set to decide the fate of three men accused of facing down and killing ahmaud arbery. >> i'm really shocked we only had one black, african-american man. why the judge let it happen. an arrest tied to a trump-era investigation. a key analyst behind the steele dossier charged with lying to the fbi. what the investigation revealed. a ruling in the legal fight between jeff bezos and nasa. meet the truck driver who pulled off a major political upset. and a classic ford with a new electric twist >> live from cnbc, the facts, the truth, the news with shepard smith. >> good evening. more than 100 million american workers will face strict new covid rules starting january the 4th. exactly two months from today. the long-awaited policy is the

biden administration's most aggressive attempt yet to get people vaccinated. here are the rules private businesses with 100 or more workers must either mandate vaccines or require employees to get tested every week, and wear masks. but if businesses don'tcomply, those businesses face nearly $14,000 in fines for every s violation. the biden administration also revealed tougher rules for health care workers, including those working at nursing homes those employees do not have a testing option at all, they're required to get vaccinate, all of them. but some local leaders are pushing back republican governors and attorneys governors in the states in red say they'll file lawsuits against the policy, at least 14 states so far several business groups say they're also concerned about how the new rules could affect companies that are already struggling struggling with the labor shortage and struggling with the

holiday crunch we have coverage from all angles tonight. rahel solomon on how they are responding and kayla tausche >> shep, senior administration officials say they moved the deadline to january 4th so the rules for all of those three groups you mentioned, private sector companies, federal contractors and health care workers are all aligned. the administration believes keeping workers covid-free is essentially keeping businesses open jared bernstein telling me the vaccination rules will have a direct impact on economic growth, but the move also follows intense lobbying from several industry groups. as cnbc has reported, they warned the white house employees could walk out just as the holiday season is ramping up and links in the supply chain already strained today the administration on the defensive. president biden issuing a statement saying there have been no mass firings and worker shortages because of vaccination

requirements >> if you're asking if we think the rules will impact the supply chain, the answer is we don't think it will. >> florida governor ron desantis suing with 11 other states says the delay further undercuts the rules. >> this was announced two months ago and said this was an emergency and grave danger is facing then why did it take you two months to issue the rule and of course the rule doesn't take effect until january, which is convenient because it will minimize workforce disruptions over the holiday season. >> once the rules are in place, osha will rely on inspections and employee complaints to enforce them, but that's if they go through today south dakota governor kristi noem tweeting about the president. she tweeted to the president, see you in court

shep. some major companies have already announced their own vaccine mandates tyson foods, united airlines among them but many others held off business leaders said they needed more guidance from the government well, today they got their guidance according to the new rules, companies will not have to pay for the testing if workers refuse to get vaccinated and the requirements tdo not apply to employees who work only from home. here's rahel solomon. >> tonight mixed reaction from the business community over the administration's new rules some worry that the mandates will be disruptive going into the busy holiday season. others like dave heller, of a group that represents 200,000 professional truckers, worry the mandate makes hiring in an already tough labor market even more challenging. >> the concern is do we lose drivers to this industry do we lose drivers who want to get out of this industry

particularly at a time when the supply chain crunch is so prevalent. >> reporter: some business leaders have applauded the decision, including tim boyle of columbia sportswear. >> we're thrilled. this really needed to have happened we've been quite clear to our employees and the general public in our area that vaccines are going to be the only way we're going to get out of the pandemic. >> reporter: either way, talent solutions experts say it's important for companies to be transparent with employees and have a clear protocol. >> it's not really one reaction or another, it's just this is what we're doing either get on board or we're prepared to transition you. >> reporter: we've also heard concerns about whether small businesses now have an unfair advantage when it comes to hiring because they don't have to follow the mandate. and brynn who you just heard from said in many ways yes but many employees say they don't want to come back unless everyone is vaccinated

regardless, shep, she says it is a tough time to be in human resources. >> i bet it is rahel, thanks so much. line up the lawyers. business attorney seth is with us states are threatening to sue. do you see this standing up in court or no? >> it probably will. i completely agree with you, there's going to be a storm cloud coming that will unleash a flood of litigation. we'll probably see those cases landing as early as tomorrow however, when you really unpack the issues, and as your reporting has noted, there's really two tracks here the federal government contractors have a strict mandate. but the big story of the day, the requirement with respect to 100 plus employees for commercial companies is really not strictly a mandate it's essentially mandate-like. the companies have a policy where they can either require vaccination or weekly testing and masking. that's going to make it a little bit easier and a little bit more flexible it's also going to create less of a burden.

since the undue burden question is part of the legal battle, the courts will balance that as they're going to be determining whether or not this is constitutional and will be effective. >> that makes sense. osha is putting these rules in because it's arguing covid is a danger at work but the critics say the virus circulates everywhere, not just in the workplace what would osha have to show to justify the rules? >> well, you definitely identified a major legal argument that's going to be teed up in court. the way osha is going to respond is to say, yes, it is everywhere but that means that it's also in the workplace. and the mandate, the statutory authorization and the mandate of the agency under osha is to provide for the health and safety of the workforce in the american workplace as a result of that, in an emergency even under an urgent standard of review, which might be called the grave danger test, they still likely have the authority to do so so there's going to be definitely a drag-out legal battle here but the courts often give deference to agencies when

they implement these kinds of federal regulations. >> under the rules, the vaccinated don't have to get tested, even though they can catch and spread covid does that open up osha to legal challenge? >> well, they're open to legal challenge because they're going to really start getting punched in theface probably first thin tomorrow but i think it's going to make it at the end of the day easier for them to withstand legal challenge because you have this dual track government contractors have a strict mandate commercial companies have a little softer mandate. as a result of that, it's going t make things easiernot only i terms of a legal challenge but from a human resource perspective. there's less heat on companies and employees. they'll see it as less mandatory and hopefully there's a rainbow at the end of the storm where people will see this as an option we can have people get healthy and the economy can recover. >> thank you. the democrats are scrambling president biden making personal phone calls to house democrats tonight as they race against the

clock to try to pass a massive social spending package before they leave for recess tomorrow right now speaker nancy pelosi is busy trying to whip up enough votes. a short time ago ali vitali asked her is there going to be a vote tonight and she responded we'll see. democrats are under immense pressure to deliver on president biden's agenda after the brutal election day losses on tuesday it looks like a lawsuit could be coming over the deadly shooting on the set of the movie "rust. "the los angeles times" and tmz reporting the husband of halyna hutchins has hired a lawsuit that the specializes in wrongful death lawsuits investigators say somehow there was a live round in alec baldwin's revolver when it fired and killed hutchins during a rehearsal. attorneys for the movie's armorer claims somebody may

have -- they're clarifying they said baldwin's gun was unattended for two hours now they're telling "the new york times" they were mistaken it was unattended for only five to ten minutes a nearly all-white jury seated in the killing of a black man. tonight why the judge says he allowed it to happen and what the family of ahmaud arbery is saying. the kyle rittenhouse murder trial. the key witness testimony heard today and the joke that got a juror dismissed. plus the john durham investigation of the original trump russia probe lands another arrest why a key source from the infamous steele dossier is being charged with lying to the feds

three white men are on trial for the killing of ahmaud arbery, a black man in georgia

after a long and contentious jury selection process, just one black person made it on the panel. 11 white, one black. prosecutors say the defendants chased arbery in their trucks while he was simply out on a neighborhood jog the defendants claim they thought he was a burglar and that one of them shot him in self-defense during a struggle today the judge said there appeared to be intentional discrimination, as he put it, during the selection of the almost all-white jury, but he's allowing the trial to go forward. here's nbc's jay gray. >> reporter: demands for justice outside the glenn county courthouse inside, judicial housekeeping of sorts. the judge listening to arguments on motions in the trial of three men facing murder charges in the death of 25-year-old ahmaud arbery. >> this case makes it difficult because race has been injected into this process and we have a

significant number of pre'em tore -- >> reporter: arbery was shot while jogging through a neighborhood, chased by two white men who said they thought he was a burglar their friend, william roddy brian, capturing the deadly shooting on cell phone video it took 12 days to seat a jury defense lawyers striking 11 potential black jurors citing what they call strong bias, leaving one african-american on the panel. >> this court has found that there appears to be intentional of discrimination in the panel. >> reporter: still, the judge is moving forward with the trial, saying the defense provided legitimate, nondiscriminatory reasons for excluding the potential jurors >> trying to bring the -- trying to have the same cycle that's why we're here fighting >> justice for ahmaud. >> reporter: opening arguments

begin in the morning here. lawyers for both sides say this trial could last an entire month. shep, all 3 defendants face the possibility of a maximum sentence of life in prison. >> jay gray live on scene. for more now david henderson, civil rights attorney, cnbc contributor. david, the judge says he sees discrimination on how the black jurors were approached in this trial. should he have stepped in and could he >> yes, he could have and, yes, he should have the rule is if you strike a juror for a reason that is race neutral. even a case in georgia where a juror was stricken for having gold teeth the judge is saying they provided knows race neutral reasons. when a judge says he thinks there is intentional

discrimination, he has a reason for saying that. they struck 11 out of 12 jurors who were black who could have been on this panel. >> you know, last week the defense attorney complained that there weren't enough bubbas in joe six-packs on the jury, guys from the south over 40 with no college degree he wanted more diversity. >> they can say some really offensive things talking about jury selection. >> those were quotes, by the way, that didn't come from me. >> oh, no, i know. they said similar things bryant's lawyer made statements like that back when this case was first filed talking specifically about his client. i talk about race and jury selection because it does matter, but you have to be careful with it. one thing i found is having tried enough cases, there's a difference between education and wisdom you can't necessarily tell that the way they're implying that you can. >> we heard from arbery's aunt today. she said she doesn't like the racial makeup but isn't

surprised by it at all but says there will be justice because there are some mothers and fathers on the jury. do you think she's got a point >> shep, i do. this case is can the defense make a self-defense claim? they can but the facts are so grewsome that it's hard to believe you won't find some humanity in this jury i have to believe when people take a look at the evidence in this case they will respond, especially if they have children. >> david hernderson, thank you. day four of the kyle rittenhouse murder trial, focusing on the moments before he shot his first victim, a man named joseph rosenbaum what happened is disputed and critical because the central question is whether rittenhouse is acting in self-defense. no video captured it clearly testifying today, a witness, ritchie mcginnis, a reporter for "the daily caller" who saw rittenhouse shoot rosenbaum. he said rosenbaum was trying to get rittenhouse's gun,

demonstrating how he was lunging for it he said rittenhouse dodged that and then fired the gun but the prosecution tried to clarify whether rosenbaum was lunging or actually falling. >> he was lunging, falling i would use those as synonymous terms because basically he threw his momentum towards the weapon. when the weapon wasn't there, his momentum was continuing and that's the point in which he fired. >> a judge dismissed a juror for telling a joke that he said was in bad judgment. the state attorney said the so-called joke was something like why didn't the police shoot jacob black seven times? and the punch line was because they ran out of bullets. a white kenosha police officer shot blake in the back seven times leaving him paralyzed from the waist down the judge said the appearance of bias is presenting and would seriously undermine the outcome

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to a greener future. carbon emissions are expected to rebound close to pre-pandemic levels that's according to brand new data from the global carbon project. carbon dioxide emissions dropped by 5.4% last year worldwide during the height of the pandemic that's the biggest one-year drop we've ever recorded. but this year scientists say carbon dioxide emissions will rise by nearly 5%. it comes amid the u.n. climate summit in scotland where pledges today were all about clean energy in glasgow, here's cnbc's diana olick. >> reporter: more than 20 countries are committing to stop financing. this is the u.s., the uk, denmark and developing countries. it comes amid cop26 on how to finance the move to clean energy. >> i think we're in a different place than we've ever been before with the sums of money. we know it will take trillions

of dollars to do this transition now we still need of what we call concessional money, which is money that can come in to sort of grease the skids and make that deal happen, if you will. >> reporter: this as global energy consumption, which fell last year due to the covid-19 pandemic, is expected to jump close to 5% this year and 4% in 2022, according to the iea the amount of electricity generated from renewables should increase by 8% this year and more than 6% next year, but renewables would likely only be able to serve about half of global demand. that's why clean energy companies are here at cop making new commitments. >> this year is the first year cop worked to include more businesses as part of the program. so we have days focused on certain businesses and we see the number of commitments coming from companies we see the future really accelerating with these commitments. >> reporter: aes provides clean electricity to data centers

which use huge amounts of power. yesterday it announced a 15-year deal with microsoft to provide renewable energy for all of its data centers in virginia, 70% of the world's internet traffic passes through virginia centers. with new commitments today, more than 40 countries have now agreed to phase out domestic coal power, including five of the world's top 20 coal countries. the u.s., which relies on coal for 20% of its electricity and is one of the top three burners of coal worldwide is not one of them shep. >> we're four days into this summit and heard a lot of pledges and commitments, but are we getting any closer to the main goal of the conference? >> reporter: well, the main goal was to keep global warming to 1.5 degrees celsius above pre-industrial levels. today they said if all the pledges or carbon neutrality and methane were fully implemented and we could get to 1.8 degrees. of course that's a big if. as we all know politics tend to get in the way of pledges, shep.

>> diana olick, early this friday morning in glasgow. two major cellular providers hitting the pause on rolling out 5g service the concern over airplanes slowing things down. will the january 6th committee get access to president trump's document that he doesn't want them to have a judge heard arguments today and appeared skeptical of certain requests from both sides. the owner of the phoenix suns now under investigation the nba making the decision just a few hours ago. allegations of racist and sexist behavior the report at the center of it all, as robert sarver says he welcomes the inquiry that's next as we approach the bottom of the hour and the top of the news from cnbc. ♪ and i'm gonna keep on lovin' you, ♪ ♪ 'cause it's the only thing i wanna do. ♪ turns out everyone does sound better in the shower. and it turns out the general

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ford is embracing its future by looking to its past the company unveiling the new concept truck. they're calling it the f-100 illuminator. it's based on the retro styling of the f-100 pickup from 1978. but under the hood, all new technology the truck features the e-crate motor and the same battery-powered engine founding in the new electric mustang. ford reports the new pickup can produce as much as 480 horsepower phil lebeau covers travel and transportation for us. phil, that thing is hot, but it's just a concept car, right

>> it is it won't be built. now, they will offer these e-crate motors for those who would like to take an old f-100 and retrofit them into that vehicle. but you still need to come up with a battery pack, shep. so at this point this is more eye candy than anything else but it does what ford wants it to do. it continues to give this impression that ford is on the cutting edge of electric vehicles and thinking creatively about how to electrify our vehicles. >> we notice ford has been having a run the stock up more than 4% just today, north of $19 for the first time since 2001. how did the company pull this off? >> look at the last year the run has really come under the leadership of jim farley, the ceo. once he said we're all in on going electric and they rolled out the f-150 lightning, which is the electric pickup truck coming early next year, some other maodels as well, people have said wait a minute, this

isn't your old ford, a company that cranks out the f-150 and a few other vehicles, this is a company that i can see really turning things around. that's why the stock is on a tear. >> by the way, the company announced it's going to impose a vaccine mandate. i know you caught up with the ceo. how did he explain that? >> well, when we talked with the cfo earlier today, shep, basically what he said is we are at 84%, 85% vaccination for our salaried workers we're going to work with the staff. we're not immediately going to say, look, you can't come in here i think we'll see this from a lot of companies, shep they know that deadline is coming and they're working on it, but at this point it's still a goal more than it is a hard and fast rule. >> phil lebeau, thanks so much. a new pandemic-era low that's what's topping cnbc's on the money. weekly jobless claims at 269,000 last week. that is the lowest since the pandemic began and 6,000 lower

than dow jones estimate. that's according to the labor department at&t and verizon now planning to delay their december 5th rollout of some 5g services, at least for one month the reason airplane safety. the carriers are set to work with the faa to address concerns about possible interference between airplane safety devices and 5g signal towers. and investors putting the brakes on peloton in a big way late today the stock fell 24% in late trading. the company reported a bigger loss than expected in itsfirst fiscal quarter problems included a drop in demand for the equipment as we're all getting back out and the ongoing supply chain pain. on wall street, the dow down 33, s&p up 19, the nasdaq up 129. i'm shepard smith on cnbc. it's the bottom of the hour,

time for the top of the news trucker turned state senator meet the man who pulled off one of the biggest political upsets. failure to vaccinate thousands of troops still against getting the shot the potential punishment ahead as the deadline approaches but first, a major scandal erupts in the nba. >> the league announcing it's launched an investigation into the phoenix suns owner, robert sarver he's facing accusations of racism and misogyny during his 17-year run with the team. that's according to damning espn reports out today. the outlet is now reporting it interviewed more than 70 current and former suns employees. the accusations range from sarver using the "n" word to openly talking about oral sex in front of his workers sarver has vehemently denied the accusations. he told global sports matters so much of the espn report is inaccurate and misleading.

he also said i would entirely welcome an impartial nba investigation, which may prove our only outlet for clearing my name and the reputation of the organization of which i am so very proud well, it appears he's getting that investigation cnbc's perry russom now with more on the reported accusations. >> i've been a passionate basketball fan and grown up in arizona, passionate phoenix suns fan. >> reporter: espn reports robert sarver's 17-year tenure as owner of the phoenix suns has been toxic and sometimes hostile. the sun's former head coach, earl watson, telling espn back in 2016 he said you know, why does draymond green get to run up the court and say "n" word. watson said you can't say that sarver responded why day monday green says n word in 2013 sarver preferred hiring

a black head coach over a white head coach a high-level executive telling espn she said these n words need an nword he yelled at a female employee he said why do all you women around here cry so much? according to espn, a female former employee said sarver would use language like do i own you? are you one of mine? two weeks ago suns leadership released a statement ahead of the report sarver says i categorically deny any and all suggestions that i used disparaging language in regard to race or gender jason rowley adding this story is outrageous and false. one employee told them if the commissioner comes in and investigates to see what the f is going on in phoenix, he would be appalled. >> he's a fiery guy and says what he wants when he wants to.

>> reporter: sarver was denying the allegations line by line in the report once they are done with the report the league could take some action against him. it will be curious to see if any players make a statement against him. a coach's name on the most storied sports trophy in north america redacted over the chicago blackhawks sex abuse scandal. nhl officials said today that a silver smith kawhi literally x'ed out the name of the former blackhawks coach brad aldridge from the stanley cup in 2010 kyle beach accused aldridge of sexually assaulting him. beach told team executives about the assault after it happened but an internal investigation found the executives did not act on the allegations for weeks last week the blackhawks chairman asked the hall of fame to remove aldridge's name, but officials said they couldn't do that without taking off an entire band of the cup so they used ten xs instead.

special counsel john durham's probe of the russia investigation has netted another arrest igor denshenko is accused of lying to the fbi and faces felony charges he was a researcher and a key source of salacious rumors and claims about donald trump in the infamous steele dossier. that helped fuel the fbi's investigation into suspected ties between the trump campaign and russia this video of him leaving the federal courthouse earlier this evening after he made his first appearance before a judge. in 2019 the trump justice department launched the durham probe to look into the origins of the russia investigation. the biden administration allowed the investigation to continue after it took over with the details, here's nbc news investigative correspondent tom winter >> shep, good evening. the real news in this indictment today isn't who is named in it but who is unnamed in it, specifically a person who's

referred to only as pr executive number one it's that person that people have seized on here today in talking about what information they passed along to somebody who then passed along information to christopher steele for that infamous steele dossier. igor denshenko has been charged with five counts of lying to the fbi. what prosecutors have keyed in on is his lies about where he got his information. specifically, shep, the information that came from this person being identified as a statewide campaign chair for bill clinton's 1992 and '96 run for president. somebody appointed to a position at the state department and somebody who volunteered on the hillary clinton campaign we haven't confirmed who this individual is and how big of a role they may or may not have had in that 2016 election effort by hillary clinton, but what we do know is the fbi alleges or the special counsel alleges that in the court of denshenko's interviews with him, he lied about where he got some of the information from and did not

truthfully tell them that he received the information from this pr executive. that according to special counsel john durham's team was a problem because it meant that the fbi couldn't accurately and fully follow up with the person who was giving him information that eventually found its way into the steele report which then eventually found its way into a legal document, namely the fisa warrant involving carter page who was a trump campaign advisor that's really what they have seized on and so we'll have to see where this investigation goes going forward but it plants even more doubts about that now infamous steele dossier. >> tom, thanks. the committee investigating the january 6th attack may be closer to getting at least some documents about former president trump's activities that day. mr. trump's lawyers had sued the committee and the national archives to block the release of the documents, saying the request was overly broad but a judge today asked them are you really saying the president's notes, talking points and records of telephone

conversations on january 6 have no bearing on the investigation? adding these are about who the president was talking to as people were breaking windows and climbing into the capitol. but the judge also said the committee's demand for potentially millions of pages of documents was alarmingly broad the battle is essentially between a president's right to executive secrecy versus the committee's right to investigate the violent attack on the capitol. no word on when the judge will rule, but so far she's moved very quickly vaccinating the men appnd women of the military. the actions that could be taken against members of the air force that refuse a shot and more branches face their own deadlines. next, a decorated admiral weighs in. and this man is a winner from driving a furniture truck to a seat in the jersey state senate, meet ed durr his low budget cpa

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covid shots for the military the air force reports nearly 97% of its active duty troops have received at least one covid shot that means nearly 8,500 airmen missed the vaccination deadline this week. the air force has approved 1600 medical exemptions and officials will continue to review requests military officials warn troops could lose their veterans benefits if they refuse to get vaccinated other branches will face their own vaccine dead liepz, including the coast guard, navy and marine corps retired four star admiral officer james stavridis is with us now admiral, great to see you again. are you surprised by these numbers? what kind of options do commanders have to get everybody to get the shot? >> you've got really powerful

tools at your disposal you know, we've got to step back and say american society at large is running well below 70%. so here you've got active duty right now is at over 95% so i think commanders are using those tools, shep. some of them include incentives. you can give people time off, a weekend off. same way many civilian institutions have given incentives you can use peer pressure. hey, all of your shipmates on this destroyer have had the shot, why haven't you? you can use administrative punishments. you can give fines you can confine people to quarters and then at the really dark end of the spectrum, if we end up with 1% who just refuse to get the shot, then you can discharge them >> for a little perspective, how does the military normally handle vaccines? >> well, this is what is very ironic to walk in the door, to put on the cloth of the nation and uniform and serve, shep, you've

got to take at least nine shots. i wrote them down a moment ago hepatitis a, b, influenza, measles, polio, tetanus, diphtheria. >> those aren't political. >> true. but they're shots and straight stick inoculations and you're required to take them. so anyone who's come in has already taken nine by the way, when i headed off to desert storm i took 11 anthrax shots. this is basic aspect of being in the military, the same as staying in good shape, getting a haircut. these are all requirements you have to meet i think the military ultimately will get well over 99% of the force vaccinated, shep. >> i don't have to tell you, veterans benefits are generally excellent. are they at risk here? >> they are extremely at risk. if you go to the dark end of the spectrum and say, no, i'm not going to get vaccinated. you will be discharged under other than honorable conditions. you won't have va medical.

you won't have any va payments you won't have access to gi bill educational kinds of things. you won't have access to counseling it is a big life decision. and to any active duty member listening right now, i would say hey, shipmate, go out and take that shot. all of the people on this ship, all the people in this air wing, all the people in your battalion are doing it stay with us, fight with us, get the shot and do the right thing. >> admiral stavridis, i think i would if i heard that. in fact i know i would it's great to see you. the united kingdom is now the first country in all the world to authorize a pill to treat covid. it's happened. the health minister there calling it a game-changer. uk regulators say merck's anti-viral pill is safe and effective at reducing the risk of hospitalization and death in certain people with covid. they authorized it today for adults with mild to moderate symptoms who have at least one trait that puts them at high risk of getting seriously ill.

the pill, available to both vaccinated and unvaccinated people they can get the drug at a pharmacy and take it home. in the united states an fda panel is scheduled to meet later this month to discuss whether to recommend this pill for high-risk covid patients. a truck driver in new jersey is running the table he ran against the state's powerful long-time senate president. he says before the election he told his friends, i'm going to shock the world. i'm going to beat this man he admits now it was pretty much a joke but the republican newcomer, ed durr, knocked out the democrat, steve sweeney, from his seat sweeney has been the state's senate president for more than ten years. durr beat him with 52% of the vote cnbc's valerie castro now on how durr won, spending so little on his campaign. >> the past 48 hours have been a whirl wind it's been kind of surreal. >> reporter: with a few thousand campaign dollars, some yard signs and a campaign video shot

with a cell phone -- >> vote for me. >> reporter: -- edward durr won the senate seat held by steve sweeney, the senate president since 2010. >> i'm absolutely nobody i'm a simple guy. >> reporter: durr, a furniture company truck driver, said his win was unexpected but he won by just a little more than 2,000 votes. >> i thought it was possible but did i think it was a reality? it didn't set in until i actually saw the numbers tuesday night. >> reporter: so why does he think the voters chose him, someone who describes himself as fiscally conservative and eager to lower taxes he says pandemic restrictions played a role. >> you cannot continue to tell people they cannot do things when we live in the freest country in the world. >> reporter: sweeney made no public appearances thursday but issued a statement saying votes were still being counted and voters deserve to wait for the final results. durr says he'll hold his breath until everything is certified, but he hopes to still keep his

day job behind the wheel. >> i know that there is going to be, you know, great difficulty in continuing what i do and being a senator. but i will find a way to make it happen. >> reporter: durr says initial reports that he only spent $153 on his campaign are incorrect and he says that was the dollar amount spent before the primary filing date. he estimates he spent less than $10,000 overall. >> all right well, good luck to him valerie, thank you one of the best catchers in all of baseball calling it quits. the san francisco giants buster posey announcing his retirement. his record-breaking career and the serious injury that literally changed the game. and the horse training bob baffert heading back to the track? he's agreed to some things to allow his horses to compete this weekend. we'll tell you what they are at the breeders' cup. the breeders' cup. we're live athe ac this is called momentum.

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trainer bob baffert is heading back to the track. baffert, of course, was suspended from racing horses at the kentucky derby back in june for two years after his winning horse, medina spirit, failed a drug test. two years. but the hall of fame trainer is set to saddle that same horse and seven others for the breeders' cup world championship tomorrow and saturday in san diego. baffert and his horses will face

stricter scrutiny than the other competitors. according to our colleagues at nbc sports, he agreed to extra testing of his horses on his own dime nbc sports randy moss is live from the delmar track in san diego. medina spirit, you know, in june it felt like that will never, ever, ever, ever happen again and here we are. >> reporter: the breeders' cup, shep, was in a very unique and difficult situation this fall. because, amazingly, now, going back to the first saturday in may after medina spirit tested positive, they have not ruled yet on any kind of official disqualification the kentucky horse racing commission is still sitting and waiting. >> what the hell is that >> reporter: there have been some problems, apparently, with the samples. baffert's lawyers have requested extra testing on the samples to sort of try to prove their case. nothing has happened the wheels of justice are frozen they're not even turning slowly. right now they're completely frozen

so there's been no official ruling against medina spirit and against bob baffert in the kentucky derty kentucky derby. so in order to be fair to baffert and at the same time show the racing public tha it's serious about transparency and being as diligent as possible, the breeders' cup is requiring baffert and his horses to go through all this extra scrutiny. >> so is this the beginning of a bob baffert redemption tour? he's still the biggest name in this sport, right? >> reporter: he is the face of horse racing he has been the face of horse racing for quite some time you know, on one hand there was a lot of -- i think there were a lot of careless -- there was a lot of carelessness involved on the part of baffert with the medications that some of his horses were getting, medina spirit in particular for the kentucky derby but on the other hand, this was not a situation where medina spurt was given nefariously some sort of huge

performance-enhancing drug and that's why he won the kentucky derby. it was 21 trillionths of a gram. i'm not being an apologist here, because that was against the rules of the kentucky derby, and the rules are the rules. but in his last race, shep, out here in california, medina spirit was fabulous. he scored a seven-length victory, as good or better than he ran in the kentucky derby with scrutiny galore he will not only run in the biggest race on saturday, the breeders' cup classic, but baffert has a whole string of really good horses running because he has a lot of good horses in his barn he's almost certain to take down one of these big pots at the breeders' cup. >> randy, before we go, it feels like if horse racing has ever needed a crystal clean weekend, it's this weekend. >> reporter: oh, you are absolutely correct i mean, you know, horse racing -- the feet o horse racing are riddled with bullet wounds, the self-inflicted wounds the sport has inflicted on itself over the years.

they're making progress on the medication front they have made progress on the horse safety front shep, you're exactly right they could really use nice, clean weekend of racing at the breeders' cup and our fingers are crossed. >> randy moss, we'll be watching, and you can too. breeders' cup coverage tomorrow and saturday on nbc and peacock. that includes saturday night's $6 million breeders' cup classic. end of an era in san francisco where one of the most decorated baseball catchers ever is hanging up the cleats the giants star hall of famer hopeful, buster posey, announced his retirement today. >> to the fans, thank you for all your support i've received the last 13 seasons. i look forward to creating new memories of my own and sharing them with family and friends as i pull for the giants the rest of my life >> posey played his entire career with the giants he has three world championship rings. he was also a seven-time all-star

he won a batting title he won a gold glove. and he was the national league mvp in 2012. buster posey even literally changed the way the game is played back in 2011, he tore three ligaments in his left ankle and broke a bone in his leg when he was run over at the plate. posey later advocated for a rule change to limit home plate collisions and avoid catching base runners that rule is unofficially known as the buster posey rule. jeff bezos blue origin lost a months-long legal battle today against nasa back in april, nasa awarded elon musk spacex with a $2.9 billion contract the mission, build spacecraft that would ferry astronauts to the moon blue origin lost out on that contract and sued in august, saying nasa wrongly awarded the contract to only spacex.

in its lawsuit, blue origin accused nasa of having disregarding key flight safety requirements in a tweet today, bezos seemed to suggest the company would not appeal the decision, saying it's not the decision we wanted, but we respect the court's judgment and wish full success for nasa and spacex on the contract while spacex didn't respond to cnbc's request for comment, elon musk did reply to a cnbc reporter's tweet about the ruling, tweeting a photo from the 2012 movie "dread" with the words "you have been judged. the 2021 inductees into the toy hall of fame are official now and here they are. american girl dolls, the strategy board game risk, and sand yeah, like at the beach. the national toy hall of fame calls sand a universal play thing and perhaps the oldest toy in the world these three winners chosen from a pool of 12 finalists

anybody can nominate a toy, but there are some steep requirements to be considered for entry. the toy hall of fame reports each toy must have withstood the test of time sand gets a check. changed the way kids play. eh and foster learning or creativity 90 seconds left on a slow walk to the finish tonight the biden administration setting a january 4th deadline for companies with 100 workers or more to require covid vaccinations for workers, or require weekly testing for everybody who's not vaccinated the nba is investigating the phoenix suns owner robert sarver he's facing accusations of racism and misogyny from dozens of current and former employees. the owner denies the claims. and president biden making personal phone calls to house democrats tonight, as speaker

pelosi scrambles to pass a social spending package before they all go on recess tomorrow the political pressure is enormous if they don't get something done, democrats from coast to coast will likely be livid i say that because the democrats themselves have already admitted it and now you know the news of this thursday, november the 4th, 2021 i'm shepard smith. follow us on the gram and twitter @the news on cnbc. when you're not in front of a screen, you can listen to the news podcast on apple, spotify or your favorite podcast platform

it is 5:00 a.m. at cnbc and here is your top five at 5:00. welcome to jobs friday how many workers joined or rejoined the workforce in october? we will find out in just a few hours. in d.c., the house preparing to vote today on president biden's spending plans but after tuesday's disaster for the democrats, will any kind of infrastructure get done? call it a rough ride shares of peloton running out of steam on weak sales and a bad outlook. vaccine mandates, some big business groups are not happy with the latest white house