that's something you need to decide with your doctor. alisyn, victor. >> elizabeth cohen, thank you very much. top of the hour, i'm alisyn camerota. >> i'm victor blackwell. good to be with you. republican governor greg abbott is facing push back on his controversial and broad band on covid vaccine mandates, including private businesses from enforcing vaccination mandates. american and southwest airlines both based in the lone star state vowed to continue requiring their employees to be vaccinated. >> abbot is up for reelection next year. he has been on a bit of a collision course with president biden who just last month announced that all employers with 100 or more workers should adopt vaccine mandates or covid testing regimens. ed lav >> reporter: i think everybody in texas is looking at abbot t's move through the prism of politics he finds himself in the middle of, and that is he is facing a primary challenge to be reelected next year. that primary is coming up in the spring of 2022. and both of the candidates running against him have been railing against vaccine mandates among other things, so it seems pretty clear at this point that a lot of what the governor is doing is driven in part by his -- the political primary that he is facing. and this is really putting businesses and even many republicans here in the state of texas in a bind. it was just a few weeks ago that the governor was saying that governments shouldn't be mandating and telling private businesses what to do. now he's essentially doing just that, with this executive order. american airlines and southwest airlines say they will continue to comply with the federal vaccine mandate that president biden has signed. but we're still waiting to hear from many of the other largest companies across the state of texas as you know, the republicans here in the state have been priding themselves in recent years about the number of companies that have chosen to relocate here into texas from austin, dallas, houston, all over the state, so this, and you hear in some republican circles is that this is putting a lot of these businesses that are wanting to come here to texas to do this kind of business, putting them in a very difficult situation. >> ed lavandera. joining us is the assistant secretary of healthy in the trump administration. great to see you. you're coming from texas i believe right now, so you're the perfect person to ask, what do you think of governor abbott's new ban on even private businesses in texas, it prevents them from demanding that their employees or even their customers are vaccinated. is that smart public health policy? >> first of all, i do want to point out the common ground. governor abbott said vaccines are safe and effective and our best defense against covid. i want the listeners to understand, president biden, governor abbott and certainly myself strongly advocate vaccines to all who are eligible. now about this executive order from the governor, three quick points, number one, i don't agree with it based on conservative and public health principles that the governor should be prohibiting mandates at businesses c. i do not believe that's sound public health or conservative po policy. it may make sense for outdoor construction workers to not have a mandate, but certainly in hospitals when we have a sacred responsibility to take careo of our patients, mandates for health care workers make sense. second point, it's unclear whether this is going to differ so much from president biden, because if president biden's osha does adopt vacc or test, governor abbott did not rule out mandatory testing so basically what biden may be saying is that we're mandating but if you don't want to get it, it's okay because we can get tested. that is sill an option under governor abbott's eo, and the third quick point is i do support that we have lots of evidence now that if you've survived covid infection, your natural immunity is very strong and i think we ought to recognize that. >> i want to ask you about that because i keep hearing it. is it as strong as being vaccinated, it wanes faster natural immunity than being vaccinated. >> that's not really true, and this is not a political issue because we need to get those who are unvaccinated and who haven't gotten covid to get vaccines. you can improve your natural immunity by a vaccine but the data suggests if you have had covid, you're just as protected against hospitalizations and death, and all the serious side effects than if you have gotten the vaccines. that's the way nature works. i think we ought to modify that from the cdc point of view. i think that will add credibility. sure it's bureaucratically easier to say everybody must get vaccinated, and i support that, but we should recognize natural immunity and allow for more room under the tent. >> let me get back to the mandates. although you are right that for the private companies with 100 or more employees, there is really a testing mandate with a waiver if you are vaccinated. that's what that is. but for federal contractors and there are 5 million federal contractor employees across the country, many thousands of them in texas, that is just a vaccine mandate. you don't have the out of getting tested, so i heard you say that it's not a good idea from conservative principles, from public health to ban those mandates. are you in agreement with the president that the mandate is a good idea? the white house report shows that it cut the number of unvaccinated qualified americans by a third since they were implemented. >> so i think resorting to mandates is a little bit sad because it really means that the public health messaging by all administrations have not gotten through. and sure, coercion about vaccines, you lose your job. you lose your money, you lose your, you know, family and food, they work. that's true that they do work. but i think we ought to do everything we can to convince people to be vaccinated and i believe if we give americans the right information and level with them and be humble about them, i think we'll see an uptick and we have seen an up tick even without mandates due to the fda approval, and due to the fact that people are scared of delta, and they ought to be scared with delta. >> i want to ask you about some news that just crossed. this is from the american academy of pediatrics, actually it was published yesterday but we're just getting it. the number of new covid-19 cases in children remains quote exceptionally high with close to 150,000 cases reported in just the past week ending october 7th. children represent now a quarter of weekly reported covid-19 cases. what do we do about that? >> so it is absolutely true, the number of children who are being diagnosed with covid has gone up, and the first thing we need to do is get better data, and this is really a tragedy, only 24 states even report the number of children who are hospitalized, so we need to certainly pony up and get that data. but secondly, we do need to consider vaccination in those groups. pfizer will be presenting the day data, asking for authorization to the 5 to 11-year-olds. 25 to 30% of parents will want that to happen to their children very early. certainly teenagers, 12 to 18-year-olds, certainly they pass covid around. vaccines are our best defense, and if they're authorized for a group, it's an important decision for family and their physicians to make, but yes, they're going up in children. it's something we have to face, and it's not just benign, a thousand hospitals a week. there's the multiinflammatory syndrome in children, and although there's only been, you know, relatively small number of deaths, there have been over 100 deaths in this group. and that number will increase as the numbers increase. >> admiral, we're seeing a lot of green on the covid map now. 26 states, 10 to 50% fewer new cases this week versus last week, but the polling shows that people are not confident that we're getting back to a normal as they would call it, pre-covid like anytime soon. far more people now than there were two months ago believe that there's more a year out. are they right that we're a year away? you see here, the most recent poll, 30% believe it's more than a year from now. you get the pre-covid light, versus 9% back in june. >> so i think we need to alter some expectations, we are not going to get rid of covid infections anytime soon. what we will do, however, because so many people have gotten delta, and so many people have been infected is we're going to be able to eliminate to a large degree the hospitalizations and deaths. covid will become endemic. i hate to say this, we're going to have to learn how to reasonably live with it, and the best way we do that is by getting vaccinated so we can eliminate the side effects like hospitalizations and deaths and long covid. we are not done with covid yet. i do believe the cases are clearly going down. we will probably have another bump in the mid winter, and then if things continue the way they are, i think you'll see cases slide in the spring. we need to be humble, this virus has thrown a number of curve balls, there can be new variants. but get vaccinated, it's your best defense against getting hospitalized or dying of covid, and also spreading it to other people who they love. >> admiral brett giroir, thank you. >> thank you. we have some breaking news in the murder of gabby petito. a coroner has just revealed that she died by strangulation. we have more details next. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus. unlike ordinary memory supplements, neuriva plus fuels six key indicators of brain performance. more brain performance? 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[crowd cheering] how's sanchez looking? with your qb's increased spin rate, any pass with a launch angle of at least 43 degrees puts sanchez in the endzone. you a data analyst or something? an investor in invesco qqq. a fund that gives you access to nasdaq-100 innovations like ai statistical analysis software. how am i gonna do? become an agent of innovation with invesco qqq. ♪ the manner of death of gabrielle petito, we find the cause of to be death by strangulation, and manner is homicide. >> and that's the breaking news that gabby petito's cause of death revealed as strangulation. that's the coroner in wyoming who believes she was killed about three to four weeks before her body was found on september 19th. and you'll remember that she was traveling out west in the western u.s. with her fiance brian laundrie what she was last seen alive. laundrie returned home alone to florida but disappeared despite this massive search that's still ongoing. let's bring in now cnn's jean casarez, first tell us about the significance of the finding from the coroner's office. >> it's very significant because now we have finally not only the manner of death, which is homicide, death at the hands of another, but strangulation. but the medical examiner said he could not say whether it was manual strangulation or strangulation by an object because both are possible. they also said the medical examiner did that they did brought in, the forensic pathologist, forthey did a toxicology, and that took a while, and radio logic examination. also said that dna samples took from her remains that were taken to a lab being analyzed, extremely important, also said that they believed that the time period was three to four weeks before her remains were found which would fit the timetable that the affidavit for a search warrant, the 27th of august being the last time her family spoke with her, her phone turned off after that, and remains being found on the 19th. one quote that i think was so p prolific in this, the medical examiner said in a situation like this, nothing was obvious, so the cause of death required examination. talking about the wilderness that she was in. now, there is a statement from the laundrie family attorney. >> this is the first time brian laundrie's family is responding to news about strangulation. >> they are responding obviously to the medical examiner. they are saying in part, gabby petito's death at such a young age is a tragedy. while brian laundrie is currently charged with the unauthorized use of a debit card belonging to gabby, brian is only considered a person of interest in relation to gabby petito's demise. now, i will tell you, the complaint, indictment in regard to that debit card did not say it was gabby's debit card so what is being said right here is the first time that apparently there is an admission that it was gabby petito's debit card. another interesting part of all of this is that there were samples that were given to a forensic entomologist which is an expert on insects, but it's a forensic entomologist, which means after death the person is looking at insect bites, insect remains, any aspect of insects that could be on those remains. >> could that narrow the date of death? >> yes. that helps them to determine it definitely because they have -- they have those dates that i just told you, but also that can really specifically talk about -- because there are different insects that come out at certain times, even time of death, possibly, that it could help. so all the way around, and they just got expert in so many areas, full body cat scan they did, but i think for the medical examiner to say she was in the wilderness for three to four weeks and especially the for foren forensic anthropologist because they deal with bones. >> and they collected a dna sample and that could help, because as we discussed there are sometimes defensive wounds on someone who was strangled and maybe there's dna under her finger nails, but it's complicated because brian laundrie was her boyfriend. >> that's right. and obviously this could exclude brian laundrie, right, if there is dna. obviously they always do a sexual assault examination also, but the dna samples and if you remember a couple of weeks ago, they went to the family home, and they got dna, the fbi did belonging to brian laundrie. >> really interesting. jean casarez, thank you very much for helping us understand what we just learned. so six months on the job, and miami police chief arts acevedos is on the line. added the chief's relationship with his department has deteriorated beyond repair. >> he's facing a series of controversies, including his comments about cuban americans. cnn's ryan young is in miami where he just caught up with the mayor there. what are you learning about the future for the chief? >> absolutely, guys. look, we have all dealt with this situation, and might not get along with the boss but you sort of keep that to yourself. acevedo had no problem saying why he didn't get along with people in control of his budget. it has reached a nationwide pitch, people are finding out he could lose his job because of the personality conflict. the mayor wrapped up a news conference and talked about the fact that he supported the city manager's moves, look, sometimes personalities and the way management styles kind of come together don't work so we're going to move on. we also went one on one with the mayor behind the scenes to ask him about this question, you got to remember the mayor actually compared the chief to tom brady and michael jordan when he hired him over local candidates to be the next police chief. take a listen to the conversation i just had with the mayor a few moments ago. . >> always go into a situation like this with the best of expectations, unfortunately things didn't work out, and it was a situation where we had to do what was best for the residents of the city of miami, and no prolong something that was untenable at this point. >> reporter: we turned that around as quickly as we could after coming downstairs and having the talk with the mayor. he says at the end of the day with the fact that there are so many people in the police department, some of the fop members had a vote of no confidence in the police chief. some of the changes people say were too fast here. this police chief is known throughout the country for being able to make substantiative changes throughout a plolice organization. i will say, he wants a hearing. that's going to happen in the next five days. he'll go in front of the commission and fight for his job. we got a memo he sent to this employees. he will fight to change the relationship between the police department and city hall. it seems like all the members of city hall are standing up against this police chief staying so i don't know where the support is going to be for him to stay here. it will be interesting to see how this political mess plays out. guys. >> certainly something to watch, and thank you, ryan, for getting that sound turned around very quickly for us there in miami. >> absolutely. thank you, guys. netflix is standing by dave chappelle after critics take issue with his new special calling it transphobic. as someone who resembles someone else... i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. when we found out our son had autism, his future became my focus. lavender baths calmed him. so we made a plan to turn bath time into a business. ♪ ♪ find a northwestern mutual advisor at nm.com with clean, fresh ingredients, panera's new chicken sausage and pepperoni flatbread is a mouthwatering explosion of yes. craft? 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listen, we've seen the, i don't want to call it an aside, that suggests there's nothing behind it, but the messages at the end zone, the helmets, black lives matter, and say their stories. hrc leads training in this area. what is the work the nfl has to do? >> yeah, i mean, i think in our work, we start with policies and looking at how the policies are impacting actual employees and customers, and then digging deep into the practices that can support those policies. are there really adequate trainings, are folks really understanding what bias looks like in the locker room, outside of the locker room. i think there's a lot of work that the nfl and frankly all major sports establishments need to do to really make good of their promises that they put as you say in the end zones. >> all right. let's turn to netflix now, and dave chappelle's special, the closer. it's been criticized as having stretches of examples of trans phobia in the material. the netflix co-ceo sent out a statement to employees showing the company is going to stand by the special. here's part of it. we don't allow titles on netflix that are designed to incite hate or violence, and we don't believer "the closer" crosses that line. i recognize distinguishing between commentary and is hard, some people find the art to have stand up to be mean spirited but our members enjoy it and it's an important part of our content offering. your reaction to that, and that this special is going to stay up? >> yeah, so i mean, i think, you know, what a media company chooses to put on its platform has real consequences for actual people, and lgbtq people have been the brunt of a joke for way too long. i think in this situation with netflix and chappell have said won't age so well, and for me, you know, i wactch the show. the problem is he talks about lgbtq folks like racism doesn't impact our community. he's making jokes about i'm a trans person, about how we pee and, black transwomen are being killed in record numbers, and hiv is impacting black and brown, gay and bi men and women. black and brown queer youth are dealing with harassment and discrimination at their schools not just because of their race or their gender identity or their sexual orientation but because of all of these multiple identities. to me it's not an either/or issue, and i wish he had focused on the connectedness rather than use us as the brunt of the punch line. >> i have not heard that hrc is calling for it to be taken down. >> we have called for netflix's response on this. i wish they hadn't put it on the platform. i wish they would take a lesson and do better with the content they put up in the future. i love some of their programming. when i think about those young people, and i think about one of my favorite shows right now, it's on netflix. it's sex education, a real window into the kind of programming that can do real good for the lgbtq community, and talk about these issues with the complexity they deserve. >> jay, let me ask you about something that supporters of dave chappelle say that he was trying to show, and one of them is brandy dormand, chappelle talks about his relationship, his friendship of a tr trans comedian, daphne dorman, who opened up for him in san francisco. and this is a statement of daphne dorman who died by suicide in 2019. writes this was a call to come together that two oppressed factions of our nation, how sad that this message was lost in translation. did you hear a message there of trying to, as maybe clumsily it was executed of trying to bring communities together? >> yeah, i think that's a great word to use, victor. i think it didn't hit the mark, and to me it missed the mark on trying to make that bridge, and recognizing that we really, i mean, i agree with that that need, that if we focus more on how these things intersect, about how racism impacts, you know, black transfolks, and how trans folks, also who are white, and white lgbtq folks need to stand up against racism. if we focused on those things instead of really using our identities as punch lines, we'd get a lot further down the road, and i feel like they just missed the mark on this one. >> jay brown, with hrc, thank you. >> thank you so much. okay. victor, we have some important decisions to make in the next few days. that's not me talking. that's house speaker nancy pelosi. >> it sounded just like you. >> i used my own voice. we're live on the hill next. ♪ feel stuck and need a loan? move to sofi and feel what it's like to get your money right. ♪ ♪ ♪ ♪ move to a sofi personal loan. earn $10 just for viewing your rate — and get your money right. ♪ you have the best pizza in town and the worst wait times. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. otezla. it's a choice you can make. otezla is not an injection or a cream it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. 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[ kimberly ] i feel so much better. i feel energized to go outside and play with my daughter. i can ate anything. like, i don't have to worry. clearchoice changed my life. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ it's a stunning move by the nba's brooklyn nets. the team has officially pulled its star player, kyrie irving from playing or practicing with the team until he's eligible to be a full participant. in new york city that means he can't play at indoor sporting venues until he's had at least one covid vaccine shot. >> the seven time all star has been unwilling to reveal his vaccination status saying he wants to quote keep that stuff private. here's the nets general manager with more on their decision. >> kyrie's made it clear that he has a choice in this matter, and it's ultimately going to be up to him what he decides. you know, we respect the fact that he has a choice and he has a right to choose as again, right now, what's basically the organization is the path that we're taking, and i don't want to speak for kyrie, you know, at the right time i'm sure he will address his feelings, and you know, what the path may be for him. >> a league source tells cnn that 96% of the nba is vaccinated. joining us now is nba tv host stephanie ready, was this a surprising decision? it doesn't sound like stephanie can hear us. hmm. >> hate to see it. >> i'm going to say yes, it was a surprising decision. >> that was a surprise. let's try to get stephanie back up. okay. which is interesting that -- we're not going to break yet. >> no, you and i are going to talk sports. this is going to be interesting for the viewers to hear me discuss basketball, i have a lot to say about it. >> buckle your seat belt. >> we don't have to do this. stephanie, good, glad you can hear us, stephanie, we were just talking about this decision by the nets to bench kyrie irving, how surprising was this? >> it wasn't at all shocking, guys. thanks for your patience with all the technology as you know how we are now on the road. you know that the team has to do something. they had to make a decision. it was reported that the two other stars on this teams, james harden and kevin durant met with management. you have to believe that that discussion was all about what was best for the team. if anyone's ever played a team sport, you know how important it is to be selfless and especially when you have multiple superstars. you knew something was going to give. either kyrie was going to succumb and get the vaccination so he can be a full participant with his teammates or the team was going to have to cut the cord in some way because they have to set the tone for the season. this is a team that thinks are capable of winning a championship down to the last man on the bench. if you've ever played a team sport, consistency and chemistry is part of that recipe. so if you have one of your main players coming in and out of the lineup, you're not sure which day he's going to be able to play, that could be detrimental to the team. and, guys, this is the beginning of the season, the beginning of the flu season. we don't know where these mandates will go as we move forward into this basketball season. there could be more cities that change their rules as we move along. >> it's been, what, two weeks since we learned lebron james, the biggest star in the league, got vaccinated after he said he did research. do we know if kyrie is trying to get to a point where he wants to get a vaccine or he's just not going -- not going to do it? i think we got -- >> she's still with us. >> this is so terrible. i apologize. i heard your question, victor. there's no way to know the nets are doing a great job from everything that i've been told of trying to educate, not just kyrie, but all of their players. that's what the nba has been doing as well. when you look at the vaccination rate, it's 95% across the league. there are several teams up to 100% fully vaccinated. so you know that there has been an effort to educate and to eliminate the misinformation from all of these players. i'm sure the effort is ongoing. >> stephanie, what are the repercussions for kyrie irving. we heard the astronomical salary that he makes and he'll be missing out on however the huge amount that he makes per game. but do you think that there are longer lasting repercussions for his career? >> i'm sure that there will be. when you just do the simple math, they've come out and said he'll not be paid for the home games because that was the ruling before they made this call that he was not even eligible to play. it appears they'll continue to compensate him for the road games he would have technically been eligible to participate in but the team has made the call to not allow his participation. the big picture is his contract renewal. he was supposed to be having those discussions this season about trying to negotiate another deal. he's on his four-year deal worth over $136 million. so he is in jeopardy of missing over $34 million this year, if they completely sever ties. they know he's going to likely get half of that. the other picture is endorsement deals. how will his partners feel that this is affecting their brand. >> it's going to be difficult to reconcile for some of these companies, if they require their employees to get vaccinated and then they endorse someone who is not being public about their status. looks like we made it, stephanie with the audio and visual challenge. we made it through. >> well done. >> i appreciate you guys. thank you. >> you, too. okay. so gas prices are soaring. the supply chain has been disrupted and the global energy crisis is now threatening. is there an end in sight? ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? yep. i'm the all-in-one management software built for small business. high thryv! ow. get a free demo at thryv.com. this isn't just a walk up the stairs. when you have an irregular heartbeat, it's more. it's dignity. the freedom to go where you want, knowing your doctor can watch over your heart. ♪ oh! are you using liberty mutual's coverage customizer tool? so you only pay for what you need. sorry? limu, you're an animal! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ working at recology is more than a job for jesus. it's a family tradition. jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. gas prices are at a seven-year high and you contrast that with how cheap the energy was at the beginning of the pandemic. but now supply cannot keep up with demand as consumers get back on the road. >> dan simon is at a gas station in san francisco. what are the prices looking like there, dan? l . >> well, the highest gas prices in the san francisco area. $4.89 for a regular gallon of unleaded gas. of course, california typically has some of the highest gas prices in the country, but a little more sticker shock these days in light of the price of oil fitting that seven-year high. and nationally, $3.27 a gallon. last week, $3.20. up 7 cents. here's what folks at the pump are telling us about it. take a look. >> out here on vacation. i don't really have much of a choice. i have to get around somehow. i think definitely a lot of supply chain issues that need to be resolved. >> a lot of people basically suffering. need to pay their bills and these gas prices are taking away from them paying their rent and their mortgages. so i think it should be lower. we've got to do something about it. i don't know. got to do something about it. >> reporter: experts telling us it all comes down to simple economics. supply and demand. demand right now is off the charts but production has been slow to rebound from the pandemic. and experts also saying it's only going to exacerbate inflation. it's going to cost more to transport goods from point a to point b and those prices are going to be passed along to consumers. and does not look like there's going to be relief in any short-term future. back to you. >> dan simon there in san francisco, $4.89 a gallon for regular. all right. thank you, dan. >> we were hearing from matt egan yesterday that when the gas prices are low, presidents like to take credit but when thery'r high, they say there's nothing they can do. "the lead" with jake tapper starts right now. we now know how gabby petito died. "the lead" starts right now. just minutes ago, a coroner revealed the cause of death in the petito case. but still so many questions remain unanswered and her fiance brian laundrie is still missing. and then -- the texas governor is saying no one, no school, no restaurant, no business, no one is allowed to impose a vaccine mandate, but today two major companies in that state are telling the governor, don't mess with us. kyrie irving benched. the brooklyn nets star will not play or practice because of

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