battle in 2022, yes, the year of the midterm election. so what happened? well, two things. first, new data came out showing inflation at the highest in almost 40 years and a revised cbo score of 3 trillion came out on the build back better plan bill ordered up by republicans that the white house is saying that's fake. to sort it all out, we have larry summers here. he plays a big part in this debate because remember he was prescient. he saw inflation coming and that's why republicans like to cite him in their arguments that more government spending will make matters worse. but is that really where he is coming from? i am about to ask him. the numbers aren't pretty. consumer prices increased by 6.8% since november of last year according to the bureau of labor statistics. that's the highest annual inflation right since 1982. think of it this way. "rambo: first blood" was then tops at the box office. this shouldn't come as a surprise to most americans. the reality has been hitting families across the country hard for a while now. food prices up more than 6% overall over the last year. a carton of eggs 8% higher. a nice juicy steak, that will cost 25% more now. pork 17%. gas prices maybe on their way down, but overall they are up 58% from last year. a new car, that will cost you 11% more now. supply chain constraints have been a major factor. prices go up when thins are harder to get axe seg to 45% of households say steep costs are causing their families some degree of financial hardship. what does president biden say? >> every other aspect of the economy is racing ahead. it's doing incredibly well. we've never had this kind of growth in 60 years. but inflation is affecting people's lives. but if you take a look at, if we were -- if and when, god willing, get the build back better plan proposal, if they are paying less for childcare, considerably less for health care, considerably less for insulin, and go down the list of taking care -- all the things that are in the build back better plan plan, the reason why people think it's going -- economist think it's going to diminish the impact on inflation is because it's reducing costs for ordinary people. >> he thinks the u.s. is at the inflation peak and touted a drop in oil and gas prices. he argues build back better plan bill will help ease the economic pain. the problem is this bill has no republican support. and republicans are arguing that spending more money, especially after all of the pandemic stimulus payments, is only going to make inflation worse and now they have new cbo data on which to rely. they requested a new congressional budget office estimate of how much the social safety net plan would cost if a series of provisions like the child tax credit expansion were extended for the full ten years, and the cbo came back with a deficit increase of 3 trillion. the white house is dismissing the score as fake. >> this is not a cbo score. this is a fake cbo score. it's not about the existing bill anybody is debating or voting on. this is about proposing the extension of programs that has not been agreed to without the commitment of the president, which he has made repeatedly publicly he would never support extending these programs if they weren't paid for. >> zero republicans voted for this bill in the house in november. it was already facing major hurdles in 50/50 senate and likely more now. moderate democrats kyrsten sinema and joe manchin aren't satisfied as it is. manchin voiced a number of concerns, namely, budget gimmicks hide the true cost of $1.9 trillion in that bill and he wants it at more are no more than $1.75 trillion. biden was asked if he could get manchin onboard with build back better plan with inflation this high. >> i don't know the answer to that. i will be talking to him the beginning of the week and i think if you look at what most people are saying, most of the economists are saying, this build back better plan bill is not been to increase inflation, it will diminish it. >> this bill isn't just the centerpiece of joe biden's agenda. it's, arguably, the most ambitious and consequential democratic legislation since lyndon johnson. if joe manchin isn't onboard, build back better plan is dead. which leaves progressive democrats feeling like they were snookered in passing the infrastructure bill and biden lacking the momentum that he desperately needs to keep the house from a republican takeover next year. that's how i see it. i want to know when you think. will inflation kill the build back better plan plan? reach out to me via social media. i will share some responses during the program. as i told you, my first guest predicted inflation is coming last winter because of what he said were commitments the fed made and difficulties in mobilizing congressional support for tax increases for spending cuts. so republicans are trying to call him one of their own in this regard, but is he really team gop? larry summers was former treasury secretary under president clinton, former director of the economic council under president obama, a former world bank chief economist and president of harvard university. mr. secretary, thank you so much for being back. were you prescient? is this what you saw coming? >> i did see inflation coming. i thought the combination of the large spending halfway to world war ii levels that we were doing in 2021 along with the fed having its foot completely on the accelerator along with all the cash people had built up because they couldn't spend during the worst of covid, i thought that was a perfect storm that would lead to very large demand that would be some problems. i didn't know exactly what they'd be on the supply side. so we were going to get a very inflationary situation and that's what we have -- that's what we now have, and it presents a variety of challenges, particularly for the fed. >> i know that when i have asked you previously how you have advised the president, you refuse that question and you say, i don't share the counsel that i offer the commander in chief. so i have a different approach tonight. what would you say to joe manchin if senator manchin said to you, mr. secretary, how in the world could i support build back better plan in the face of all of this inflation? >> my view is, on balance, even if you had it as it stands, build back better is better legislation for the united states. if i were in the senate, i would vote for the build back better legislation because i think the investments it makes are fundamental to the future of our country. i think it could be substantially better legislation than its current form. we now, in its current form, it's running incremental deficits for the first few years. that's not the right thing to be doing and we should scale that back. the best way to scale it back is to get rid of the provisions, partially repealing or partially reinstating state and local tax deductibility which are reducing taxes for many of the richest people in the country. if we got rid of that, we'd be very close to balanced budget for the next few years. that's the right thing to do. >> you know that to republicans all this spending is the same. in other words, they don't differentiate between the covid monies that were spent, the hard infrastructure, the 1.9 trillion that was just allocated with bipartisan support, or build back better. what i'm hearing from you is that your view is much more nuanced. you don't see each of those expenditures in the same way? >> no. look, i think that's what's most important is fundamental investments in the future of the country. it takes me 20 minutes longer to take a commercial flight from boston to washington than it did 30 years ago. that's only because the country's infrastructure is decaying. same thing is observed on our highways. same thing is observed when american kids are consuming lead in their water. same thing is observed when american kids don't get nearly the same opportunities for pre-k before they go to kindergarten as kids in other countries. same thing is observed when we lag, we used to always be the leaders in the fraction of our kids who went to college. not any more. these are fundamental investments. was it a good idea to make as large payments to everybody in sight as we did in 2021? no, that was a mistake. but it would compound that mistake if we were to scrimp on vitally important investments. should we do more to pay for those vital investments in fairways? it is a disgrace that carried interest is going unaddressed. a big loophole for hedge funds and private equity firms is unaddressed. it is a disgrace that the estate tax has been largely eviscerated with revenue down by a half and in a democratic-only bill, nothing is being done to correct that. it is shameful that the corporate tax, which was cut by more than the business roundtable wanted it to be cut by president trump, that that's not being fixed with higher corporate tax rates in this bill. so, yeah, we do need to control inflation better in this bill, but the right way to do it is to focus the spending on investment and to fully pay in highly progressive ways for the spending we have. >> well, perhaps -- >> the right way to do it, you know, a lot of democrats won't like this and a lot of people in the administration won't like this. our tariffs are raising prices for consumers to no good end. they are screwing producers who have much higher input costs because of those tariffs. we should be working to scale those tariffs back. much more aggressively than we are. we need to look at a lot of our regulations to make sure that we're not regulating in ways that are raising fossil fuel -- >> i was going to say, mr. secretary, your articulation of the physical and societal needs of the country i don't think anyone argues. the question remains can we afford to pay for it. the current inflation, how long will it last? >> that depends on the fed. i don't think we can afford not to pay for these kinds of fundamental investments, but we do need federal reserve that recognizes that overheating is now the central problem for the economy. we need an administration that is committed to making sure that it doesn't pump up demand more than the economy can bear as it makes these fundamental investments. >> really appreciate you coming back to the program. thank you so much. >> good to be with you. some of the social media that has come in during the course of the program. from twitter, i believe. if joe manchin is worried about inflation, why did he approve a gazillion spending on defense? mark, i get the point, but manchin was already wavering on build back better. if he was looking for an argument to say, mr. president, i just can't go along with it, then the cbo figures, fake or not, gave him what he was looking for. they can't afford to lose a single vote. here we are mid-december already. unless build back gets done now, if that rings a bill, it's because it's the midterms. one more if i have time. why does everyone miss the point on news? you included. why is meat up 25%, eggs up? because fake price increases driven by your rhetoric. i think that's ridiculous. in other words, people talking about prices are driving prices up? i think what's driving prices up is not only the supply chain, but an overheated demand for so many of these consumer goods. i get it's complex. i am most interested in the politics of it. that's what i am trying to focus your attention on tonight. this was a big day for the biden white house. the data that i shared with you about the escalating inflation, but also those cbo figures, even though they will be debated by the white house as being fake. tonight here is the survey question on a different subject. should non-citizens have the right to vote in local elections, yes or no? that matters because we are about to see the idea put to the greatest test in this country. tonight you will meet the man making that happen. go to my website and vote on that question. up next, today's supreme court ruling on the texas abortion ban is raising new questions not only about that law, but the fate of roe v. wade and one of the nation's top constitutional scholars is here to unpack it and that's next. ♪ ♪ ♪ (sha bop sha bop) ♪ ♪ are the stars out tonight? 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[beep] i just wanted to say... ♪ find yourself in these situations and see who you are. and that's just part of the bargain. ♪ new developments on the future of roe v. wade. today's supreme court ruling, the nation's most restrictive abortion law in texas which bans abortions after six weeks can remain in place as providers can challenge in federal court. some women don't know they are pregnant at the six week mark. the justices are weighing a mississippi law that bans most abortions at 15 weeks. several indicating they are ready to overturn roe. i want to bring in irvin, a constitutional scholar and dean of uc berkeley school of law. professor, not to have you back on the program. you sort of heard all that you needed to hear at the argument to come to the conclusion that roe v. wade is on its way out. true? >> yes. it was clear at the oral argument a week ago wednesday that there is six justices would want to overrule roe v. wade. perhaps they will do so explicitly in this case or perhaps they will just uphold the mississippi law that prohibits abortions after the 15th week of pregnancy, but then wait for a future case to make clear that roe v. wade is no longer the law of the land. >> if we are talking 6 weeks, 15 weeks, what really the bottom line is, is that this will be the end of the age of -- or era of viability. i mean, viability will no longer matter. that no longer will be the predicate, true? >> you're absolutely right. roe v. wade said states can't prohibit abortions before viability. in 1992, in planned parenthood versus casey, the supreme court said, quote, the essential holding of roe was that states can't prohibit before viability. it's about the 24th week of pregnancy. mississippi after the 15th. texas after the sixth week of pregnancy. once the supreme court upholds the laws, there is nothing left of roe v. wade. >> there are 20 plus states, i think we have a map of them, ready to be triggered because they have already -- there it is. 26 states certain or likely to ban abortion if roe v. wade is overturned. in many respects, it's almost like a cnn election night map, right? it's a very red state/blue state thing. look at that comparison. my god, it's hard to tell the difference of an election night map versus a post-roe v. wade map. is that where we are headed, professor? >> yes. the reality is that places like california, new york, the blue states will remain to have legal abortion. but places like texas, mississippi, and so many of the red states will prohibit all abortions. what that means in practical reality is that women with resources in those red states who want an abortion will travel to california and new york. before new york became the first state in this country to legalize abortion in the 1960s, 25% of all the abortions in england were performed on american women. >> what? a quarter of the abortions performed in england? they were performed on american women? >> in the 1960s, it was legal -- >> let me ask you this question. now we are looking forward to, looking into a crystal ball, it's post-roe v. wade. there is a red state/blue state divide in terms of accessibility for abortion. does that end to or is there an opportunity by congress to nationalize abortion policy? >> just to finish what we were saying before, keep in mind women in the poor states, in the red state who afford abortion, will travel to states they can get it. poor women and teenagers will be faced again with the cruel choice between an unwanted child and -- >> they are not going to england. i get it. >> to answer your specific question. i have no doubt that with a democratic president and democratic congress they will try to pass a law using congress' power to create a right to abortion everywhere in the country. we know senate republicans would filibuster that. so there is no way of getting through. what i worry is the next time there is a republican president and a republican congress they will try to pass a law using that same congressional power to ban all abortions in the united states and i think the republicans would eliminate the filibuster. >> in other words, they would not pay deference, winning the roe v. wade battle wouldn't be enough. they wouldn't pay deference to those blue states and let them go their own way on this issue as you see the future -- by the way, conversely, democrats could do the same thing. democrats in control of the wust and the congress could seek to impose their abortion priorities even on red states. true? >> absolutely. congress could pass a law creating a national right to abortion or congress could pass a law outlawing abortion all over the country. i think either party, are they willing to eliminate the filibuster. >> what i'm learning is next june or july when the supreme court decision comes out is not going to end this battle. professor, thank you so much. i really appreciate having you here. >> thank you for having me. always a pleasure. >> keep your opinions coming via social media from the world of twitter. what's rolling in tonight? if it was men who got pregnant for whatever reason and needed an abortion it would never be a topic. it would be a non-issue and nobody's business. i love your handle. i think there is a valid point, that this largely is an argument among women when men certainly have a stake in the outcome as well and more men feed to speak up on either side of the issue. also from twitter. what's come in? gets overturned thanks to dems not voting. well, i think chip's classic cocktails, did i give you a plug there, you are saying that elections have consequences and one consequence of the 2016 election is the fact that president trump put three members on the united states supreme court and we wouldn't be having this conversation but for that election outcome in 2016. time for one more. love it or hate it, this is what happens when you don't have term limits. you are stick with people who have their mentality stuck in the 1960s. i don't know if you mean term limits for members of the supreme court or term limits for members of the house of representatives and the senate. i am all for the latter. did you say one more, vaughn? one more. okay, school, let's go. ours are so quick to cherish life until they are born they turn them back on them. i heard that argument many times. it's a very touchy debate but it's going to go on for longer than just the supreme court looking at the mississippi case. that's what i learned tonight. here is another hot question tonight. should non-citizens have the right to vote in local elections? they do in some places, and now tack on america's largest city, new york. my next guest is the primary sponsor of the measure that passed. is this something our forefathers would have wanted? we will get into it. ♪ healthier is getting all the stuff you may need to feel better get the door! ♪ ...from the comfort of home. ♪ this is what healthier looks like ♪ [coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ [suitcase closing] [gusts of wind] [ding] ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. - realtor.com's new collaboration tools made it easy for romeo and i to find the right home together. - 'cause we can see each other's favorites all in one place. - and go back and forth with comments. oh romeo, romeo, i love our new home. - realtor.com, to each their home. where's mom? she said she would be home in time for the show. don't worry, sweetie. she promised she'd be here for it. ooh! nice shot! thanks! glad we have xfinity, with wifi speed faster than a gig! me too! woah, look! mom is on tv! she's amazing! (cheers) xfinity brought us together, after all! power your whole home this holiday with wifi speeds faster than a gig. click, call, or visit a store today. sing 2 new york city making history this week as the largest city in the united states to allow non-citizen to vote. you might be thinking, is that legal? it is. while the constitution bans non-citizen from voting in federal elections it doesn't prevent state and local governments from allowing the practice. until this week, only san francisco and a few towns in vermont and maryland allowed it, but thursday the new york city council voted overwhelmingly to extend rights to nearly 800,000 legal permanent residents. those who can register can vote for mayor, councilmembers, comptroller and other public offices. to be eligible they must have lived in the city for at least 30 days and have a legal work permit. still, several local politicians are against the move and the city's current and incoming mayors, both democrats, are skeptical that this policy will fly. my next guest was the bill's primary sponsor. thank you so much for being here. so i had a real privilege a couple of years ago, i was invited to be the speaker at a naturalization ceremony. this was in the fed courthouse in my home town of philadelphia. i have been thinking about the people in that room so proud, in tears. they had taken the quiz, labored long to become citizens. what does it say to them if folks who are not yet full citizens are given the franchise of voting? >> i am pretty sure that the same group that have so much tears of happiness, they also have a lot of tears for those years that they were working so hard, paying their taxes, living with a green card, with working papers, permits, and not being allowed to vote. >> but they haven't achieved full status of citizenship, right? and my goodness, the requirement is only 30 days. really? i can be in new york city for 30 days and all of a sudden i get to now vote on an election like yours? >> first of all, i had my green card from '82 to 2000. when i compare myself before and after 2000 when i did my citizenship when hillary clinton run, i was everything with a green card. as my story is a story of most new yorkers when live in the state who stay here with when a lot of people fled to other places. they were the ones working in the deli, the supermarket. >> working, driving the taxis. so i think we have to revise who we are. we are a city that we only have a state and a city that we only have 249 with our constitution. so we created a new state constitution in 1777, everyone was allowed to vote up to 1886. so what happened? why did we start hanging this law? why in the 1940s most of the states the nation say there is something wrong there and let's put some obstacle for the new migrants coming who were irish, italians, jewish, latino, who were black. what we're saying now, let's revise it. in the last couple of years the most conservative group in the whole nation in more than 48 states, they move in some voting suppression law. they know that states have a right to do it. >> doesn't it diminish the meaning and what it requires to become a full citizen? >> i don't think so. i think that we are expanding the voting rights. we are showing not only in new york city this, the state and the nation, but in the whole world, like 100 years from now, i used to be a social study teacher for 15 years. i know 100 years from now they will be saying to themselves, how did it happen? how did we have a society where people were equal, that the only difference was some have a citizenship or they have green cards -- >> let me ask you about a colleague of yours, laurie cumbo. we will roll the tape and watch together. >> where do african american voters fit in? because we are all black and brown, because we are all black and brown and other races doesn't mean we share the same values and principles and we are all going to vote and do things in the same way. i never heard one discussion about how the african american voter is going to be impacted by this bill. this is going to be a huge win numerically for the dominican republic community. >> she is saying you are diluting the black vote in the city. what's your response? >> first of all, i led latino campaign for my brother to be mayor. >> i is not necessarily down with this. >> well, back in february they were supporting this bill. the only piece that he's -- that we are talking about is 30 days. but you add in february, we are standing on the step of city hall and he was calling the candidates to stand down. he supports this bill. i had this conversation today. >> you think he will support this? >> he does. he has some question about the 30 days. and the reason why we have the 30 days us because we are trying to follow -- they have been doing since the 1990s. they have the 30 day requirement on residential. so we believe in new york city where the election was following the state and the 30 days is what they use. i am confidence first of all mayor de blasio lays the division. they revise this bill. >> right. he is not for this either. >> well, his team revised the bill and gave the obviously. the new city law department revised this bill and they gave the okay. i am confident all that coming from nyu, from cuni and california the federal law stay clear. you must be citizen to vote in federal election. but the federal law also says the state -- >> i get it. but that you can do it legally doesn't necessarily make it right. let's respond to some social media together. what do we have for councilman rodriguez? no. and this is the exact blank democrats do it get 80% of the country to hate them. i get the point. the point is, do you realize -- do you realize just how much of a rallying cry this will be in certain parts of the country? even if what you are doing is popular in new york city, you will fire up the red states. this will bring people out to vote in the midterm or the next presidential. >> this is a problem we asked the democrats. sometimes we get into the power and we don't use it. the republican take the power and they use it. in texas we have seen some voter suppression effort. we have seen the same thing in more than 48 states. we have to stand up. >> so it's as if you are saying this is a response to perceived voter suppression. if they are going to limit the vote here, we are going to bring out more votes in new york? >> new york city has an opportunity to tell the whole nation we are not going -- the same people in texas who are the trump supporters who are trying to suppress voting rights, is trying to take the nation. we have a role model in new york city. >> one more for the councilman. come back. everybody loves to talk about this. i am more concerned with uneducated u.s. citizens voting but that's just me. i heard this from people on the radio today. they said people who are american citizens, many don't even use the opportunity, the right that they have, to vote. maybe we should take a lesson from the people you want to vote. i will give you the final word. >> we have a big job do. we have 3 million democrats, 400,000 republicans in new york city and the percent in the voter participation is low. however, with this initiative, candidates who are looking to be mayor, what they would have to do is go to those in their community. they would have to spend the same time in immigrant communities -- >> i get it, i get it. campaigning with people who are not citizens. >> who pay taxes. >> they are not citizens. >> but they pay taxes. >> but they are not citizens. thaws. appreciate it. it's almost time for the billing big reveal. time person of the year. we will war game it in a fun way next. bye mom. my helpers abound, i'll need you today. our sleigh is now ready, let's get on our way. a mountain of toys to fulfill many wishes. must be carried across all roads and all bridges. and when everyone is smiling and having their fun i can turn my sleigh north because my job here is done. it's not magic that makes more holiday deliveries to homes in the us than anyone else, it's the hardworking people of the united states postal service. financial planning is finding your home away from home. ♪♪ and, it's designing a plan to help get you there. start a relationship with citi and earn a cash bonus when you open a new eligible account and complete required activities. wealth management is planning your path together. and, it's guiding you along the way. start a relationship with citi and earn a cash bonus when you open a new eligible account and complete required activities. monday marks a tradition that dates back almost 100 years. one that presents us with a snapshot of the year that was. that's when "time" magazine will unveil the 2021 person of the year, or persons of the year. last year they went with biden and harris. the year before that teenage climate activist greta thunberg. and in 2016 donald trump was on the cover this isn't about holding "time" up as an arbiter in judgment. in our fractured digital landscape no organization can speak definitively, but it's a measuring stick, not of them, but of us. as you flip back through the covers, you see our history laid out before us. keep in mind, "time" doesn't award anyone the title. it names the person or persons of the year in the words of its former managing editor, the job is to select the person or persons who most affected the in us and our lives for good or ill. and embodied what was important about the year for better or worse. good or ill, better or worse. you tell me which dominates the day. after all, hitler was person of the year in 1938. stalin twice. even as it put the ayatollah khamenei on the cover in 1979, the magazine called him the mystic who lit the fires of hatred. still the editors have been known to take a dive. in 2006 they heat for picking you, the selection that stands out to me is of rudy giuliani in 2001. it's pretty clear who the person that most affected the news and our lives the most that year was osama bin laden. by the way, i want to be clear. i think that rudy did a hell of a job post-9/11. post-9/11. he just shouldn't have been the man of the year that year. if you think back to the passions of the day, the idea of his face alongside icons, i mean, bin laden's face, along the face and sideways of gandhi and churchill and dr. king, that would have been hard to stomach. so i kind of under. yet as i spoke with many of you today on the radio i was taken by how similar a choice the editors of "time" have this year. it's easy to make the case that health care workers as a group would be appropriate. after all, they have kept working as we turn numb to almost 800,000 american deaths. and they are still there as cases spike yet again. but then again that was true last year, too, right? then there are researchers like drew weissman and kate kariko whose foundational research led it the rapid development of the two covid vaccines. just like the selfless work being done in the nation's covid wards, their brilliant represents us at our best. can you say that our best has embodied what was important about this year? instead, i offer you two other options. both suggested by radio listeners of mine. people like you. there was darren from massachusetts. he suggested the unvaccinated. the less than 30% of us who for whatever reason refuse to do what it would take to end the pandemic. a year of stories about mask fights, airline freakouts and the source of so much misinformation online certainly sounds like an accurate summary of 2021 to pe. me. then there was jason from philly who offered another suggestion. he said the people who attacked the capitol on january 6th. the images will last long after the ball drops again in times square. as will the hundreds of active criminal cases and congressional investigations, the interviews of nearby 300 witnesses already. so i'm asking you tonight, i am very curious what you think. a case could be made for dr. fauci, too. rupert murdoch with his role in his media empire. or those in who support of the big lie led to a rewriting of our voting laws in 19 states. now that actor -- tell me who you think. what i want to hear tonight is, who should be "time's" person or persons of the year? tweet me @smerconish and i will read responses. what do we have so far? this has just come in, i think. out of time and go to break. okay. i am going to go with the pick of the unvaccinated. i don't think it will happen, but on the merits, if they adhere, if they adhere to that definition, that's who it should be. now that actor jussie smollett is convicted of orchestrating a phony hate crime, what punishment will he face. that means we have got a reality check coming up with john avlon. ♪keep with me in the moment♪ ♪i'd let you had i known it, why don't you say so?♪ ♪didn't even notice,♪ ♪no punches left to roll with♪ ♪you got to keep me 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th i'm not getting through the pandemic just to end up with the flu. i asked for fluzone high-dose quadrivalent. it's the #1-used flu vaccine for people 65 and older. fluzone high-dose quadrivalent is the only vaccine approved by the fda for superior flu protection in adults 65+. i'm not letting my guard down. fluzone high-dose quadrivalent isn't for people who've had a severe allergic reaction to any flu vaccine or vaccine component, including eggs or egg products. tell your health care professional if you've ever experienced severe muscle weakness after receiving a flu shot. people with weakened immune systems, including those receiving therapies that suppress the immune system, may experience lower immune responses. vaccination may not protect everyone. side effects include pain, redness, and/or swelling where you got the shot, muscle ache, headache, and general discomfort. other side effects may occur. all flu shots are not the same. i raised my game with fluzone high-dose quadrivalent. ask your doctor or pharmacist for fluzone high-dose quadrivalent. jussie smollett convicted for his big lie. here is john avlon for a reality check. john? >> thanks, michael. a hate crime hoax is a loathsome thing. and that's what tv actor jussie smollett did. he lied about being beaten on the street, doused with bleach, having a noose put around his neck. he said masked attackers yelled racist and homophobic slurs and quote this is maga country. it was all a lie. a jury convicted him of five of six charges. smollett seemed to believe being a victim would elevate his stature, which says a lot about what we honor in society today. almost as sick is he continued to insist that he was telling the truth as if repetition of the lie would somehow erase the overwhelming evidence and even the confessions of his accomplices. of course, hate crime hoaxes do real harm. they are used to discredit actual incidents that often get less attention than this celebrity's scam. after all, the fbi reports hate crimes have been on a rieds, hitting a 12 year high in 2020. so it's no surprise, many initially took smollett at his word. so friends and fellow celebrities and many democratic pole tigzs put out statements of support including joe biden, kamala harris, and aoc, who absent any evidence, seemed to immediately assume smollett was telling the truth. right-wing talk tv has made much of this. ignoring the fact donald trump offered sympathetic words in the wake of the alleged attack. but as days went by, chicago sun times columnist mary mitchell wrote the incident sounds so bizarre, it's easy to doubt it happened. when cook county prosecutors tried to make it go away, chicago's democratic mayor at the time called it a whitewash of justice while the police chief released more and more information. ultimately, the trial went forward, the truth came out. but as cnn's oliver darcy points out, right wing talking heads are trying to put the media on trial, saying it's complicit in the hoax. let's apply the same standards across the partisan divide. jussie smollett's repetition of the lie did not make it true. i apparently thought by playing the victim regardless of evidence, he could benefit from the attention. it is a strategy he might as well have learned from donald trump. when caught in a lie, donuble down. lie more. play the victim. ignore facts, make excuses, demonize the other side and hope the confusion muddies the waters enough to fool your supporters and avoid accountability. didn't work in jussie smollett's case. the trial brought the truth to light but he is an actor. donald trump was president of the united states. he should not be held to a lower standard. and yet, so far, he has totally avoided legal accountability for his hoax. defrauding the american people by continuing to lie about a free and fair election he lost. both crimes by the way. inciting invensurrection, and o course, despite all the evidence, donald trump's big lie continues to be amplified by right-wing media. in that sense, donald trump is the jussie smollett of american politics. we break this fever when we follow the facts without fear of favor. remembering all lies stop where accountability starts and that is your reality check. back to you, michael. >> my thanks to john avlon. we will be right back with your reaction to tonight's program. ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. why hide your skin if dupixent has your moderate to severe eczema or atopic dermatitis under control? hide my skin? not me. by hitting eczema where it counts, dupixent helps heal your skin from within keeping you one step ahead of eczema. hide my skin? not me. and that means long-lasting clearer skin... and fast itch relief for adults. with dupixent, you can show more skin with less eczema. hide my skin? not me. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. when you help heal your skin from within you can change how your skin looks and feels. and that's the kind of change you notice. talk to your eczema specialist about dupixent, a breakthrough eczema treatment. xfinity rewards are our way of thanking you just for being with us. enjoy rewards like sing family fun nights! rent sing for $1, then belt out all your favorite tunes from the movie with sing karaoke. plus, see sing 2 in theaters with buy-one-get-one free fandango tickets. join over a million members by signing up for free on the xfinity app. our thanks. your rewards. time to see how you responded to the survey question tonight. we were asking this, should noncitizens have the right to vote in local elections? survey says, 83% no. 17%. pretty decisive result. time for one quick tweet. what is it? i think the american public for surviving all of this. not a bad answer, nancy. thanks for tweeting at me. "don lemon tonight" is in the on-deck circle and here he is. >> hey. michael, what about some of the insurrection police officers, like michael fanone or some of those guys? i think michael's on the cover of time magazine perhaps. >> a lot of folks said the protestors, insurrectionists, call them what you will because that was january 6, that was the beginning of this calendar year. it is certainly a story that's dominated the news ever since. if you really want to go by a definition, how about the unvaxed among us as a group? >> person or persons? >> persons. remember, don, who most dominated the news for better or worse? >> oh. well, there you go. i was thinking people who did something heroic but you are right. whoever, better or worse and the better is michael smerconish

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