as the united states meshes another record on covid-19 and violent crime surges while inflation raises on the mic rages on in the border spirals out of control, the president's pivoting. or some would say president biden is deflecting as he focuses today on voting rights. but even as he tries to prove resent a united front on issue, he's facing some trouble. with high profile voting we just planning to be no-shows today like states gnomic stacey abrams who is citing a scheduling conflict as well as others who are dismissing today's address is being too little, too late. the former head of the naacp is saying "we do not need any more speeches, we do not need any more platitudes, we need action. but the white house still sees georgia as ground zero and its push for a federal takeover of u.s. elections. the president has been reeling for months now against the state's new voting rules calling them racist and a threat to democracy. watch. >> it makes it jim crow look like jim eagle and i can do everything in my power along with my friends in the house and senate to keep that from becoming the law. this is jim crow on steroids, what they are doing in georgia and 40 of. these new jim crow laws are just antithetical to who we are. the other side to it is when they in fact move out of georgia, the people who need the help the most, people are making hourly wages sometimes can hurt the most. >> kayleigh: emily, he's been fact-checked on that by none other than the liberal "washington post" who gave him for pinocchio's. if you cut through voting law and the lies of the president. >> kayleigh: i'm happy to do so. an election places polling is open from seven until seven and if you are in line you are allowed to cast your ballot. nothing in that new law changed those rules. not the law did make some changes to early voting to those expanded opportunities to vote especially in rural counties, it didn't limit them. you know where biden gets his lie about 5:00 p.m. from? will i used to say that early voting shall be conducted during normal business hours and a new law specifies, nine until five. that change was made up because some role county election officials only worked part-time during the week and the shift to more specific times of made it clear that they must be open every day for at least eight hours. and the practical effect of the 5:00 p.m. reference is honestly minimal. they reduce the early voting. in weeks before runoff elections but this was to cut off on the number of ballots were rejected for coming in late because of the tight turnaround. biden makes it seem like this was an attack on the working americans, that this law to use his words and voting at 5:00 when the working people are just getting off work or, ends up voting early so people can't cast their vote after the shift is over and he made it seem like that was voting on election day in the early voting. election day hours again were not changed, and so as the lies continue to spend the highest grade for a lie was reserved for whoppers. >> emily: that's amazing. it's important to see if he checks that fact. when you go over to the polling, it's curious why biden is making this a tough issue because voters don't see it as a top issue. if you look at the top three issues, as the economy at 60% according to the ap, covid-19, 37%, and there was an asterisk by the issue of voting meaning it didn't even register as statistically significant. also curious when you look at 2020 versus 2016, actually the share of those showing up to vote, non-hispanic asians and 69% to 49%, look at these numbers. 71% showed up and we had record turnout in 2020, so why is this the issue. >> harris: i think the white house needs to learn the actual meaning of current events. they didn't want to talk about afghanistan when it was blowing apart, based on policy and it decisions of the current president back in late august or early september. they pivoted it, and they pivoted to something that didn't help us in the long run because if they had sincerely pivoted to covid they may have had more tests. and making testing available to america. they might have seen that but they weren't sincere in that pipit. and now they are doing it again. now the challenge is covid-19. and this is a sincere pivoted i suppose. if they could actually win on this issue. but it's complicated because the major league baseball all-star game moved from georgia to colorado, and they realized, oh, my goodness. that hurts black communities because all that money was coming in from the mlb and colorado has tighter early voting standards and restriction then georgia. oh, somebody didn't do their homework. so we will see how the if it works out this time. >> kayleigh: i'll be watching. how will this pivot be working out incredibly? including stacey abrams. and president biden was asked about stacey abrams not showing up to this big speech he has built. i take a listen to what he said. >> is stacey abrams -- are you insulted she's giving the speech? >> i spoke to stacy this morning and we got our scheduling mixup. i will talk with her this morning. we are all on the same page and everything is fine. >> kayleigh: a scheduling conflict, one that president of the united states, commander-in-chief is coming to your own state and can't with the schedule but something there just doesn't add up. >> i would think if she should make time to go to that speech because i think it's an important speech, not only for democrats but -- vote should be equally counted. it shouldn't take 2 minutes to vote in a rural county but two hours in the cities and suburbs where you have populations concentrated on lots of minority voters. right now you have lots of people who still believe trumps big lie and as a result what you have seen is more than 30 states, despite those numbers that you put an increase turnout in 2020. well president trump alleged that there was fraud and despite the lack of evidence of any fraud we will change the system and in any case make it more difficult for male and voting. >> the georgia voting law, i assume you don't support that, am i right? >> i don't support a total, especially the idea that the state legislature now gets to decide who wins the election. >> kayleigh: at your party certainly doesn't support the georgia voting law but amazingly in 2021, so this is after the law passed in the municipal election, turnout rose pointing out short lines with few problems, this despite democrats loudly and vociferously saying that georgia voting law would restrict voting. >> emily: and the reason president biden is talking about this today is because he desperately needs some positive news coverage and he usually gets it when he talks about election reform from the media, which is 95% liberal. the biden administration is hoping that his speech today will be his white night moment and there is an excerpt of what he's going to say in his speech that was released earlier today. he's going to say we will choose democracy over autocracy, might overshadow, justice over injustice. i know where i stand. i will not yield to, i will not flinch and i will defend your right to vote. so we will hear urgency like we have never heard before. some problems about that remark is that this is a problem that doesn't exist, it's easy to vote in this country no matter what state you are in. and i know that because i voted in this country and i've done it without a snack in line and they woke up to criticism not from republicans but from democrats who say that they haven't gone far enough on this issue and, lastly, i think this is a more important point, i wonder why president biden is talking about election reform right now when we are in a midterm election year, when this is going anywhere and kyrsten sinema and joe manchin are not on board with that. he's going into midterms with built back better loss and quite possibly an election reform loss as well. >> harris: i wish he felt that way about testing. >> emily: exactly. and that's the point, he's talking about boating because he wants to distract from the three issues most important to voters, the economy, covid-19 and immigration which are all crises on his rot, quach. coming up, the cdc's credibility is on the line is dr. anthony fauci and cdc director rochelle walensky testify on capitol hill. that's next. for investors who can navigate this landscape, leveraging gold, a strategic and sustainable asset... the path is gilded with the potential for rich returns. ♪ limu emu and doug.♪ and it's easy to customize your insurance at libertymutual.com so you only pay for what you need. isn't that right limu? 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>> if they are exposed to covid-19 and they are completely boosted they do not need to stay home, but, they should get a test at day five. >> what about unvaccinated? >> the same for isolation. isolation being for those that have had the disease. >> harris: what? i mean, is it me, emily? it's the same thing. >> emily: exactly, harris. there was an incredible so many tense moments frankly especially between dr. fauci and senator rounds paul i thought there was a lot of finger-pointing going on, lots of accusations of stoking criticism of the media that lead to unhealthy discussions about policy attacks on a personal level rather than discussing the policies in truth and of these official accountability for that. >> harris: all that aside i wanted to go back to what she just said. you are talking to millions of people now, not just the room. no the room, that's fine. but the bigger room is out here. that didn't make any sense, was that useful what she said and isn't testing the thing? don't we want to understand? >> kayleigh: absolutely. and we were promised testing but you hit on a really important point, so much mixed messaging. the cdc guideline, the great example reducing the isolation time and saying you don't need to test at the end, even if you might still have viral loads that you are spewing to others and they getting severe pushback and viral internet memes over your cdc guidance and having the cdc director admitting it fall wasn't based on science only to come back and revise guide and saying, if you can find a test, you should probably test after five days. we are at a dangerous point in the country when axios a few days ago at an article called the biden administration's credibility crisis. it was saying half the country doesn't have faith in president biden, i'm paraphrasing, but when you stop trusting public health officials, that's what we have a problem. when we got to the point, they are still using the pandemic term unvaccinated. there is such a lack of faith and messengers coming out of this white house, we need it new and credible faces. >> harris: and you know i lean hard on, who are these unvaccinated people? and if you are not in politics and you are not seeing all the blacks, hispanics and others, and currently, there was a moment in all of that when dr. fauci was asked about treatments. he did talk about some of them, although there were a lot of questions about why we don't see them readily available to doctors. and when you do ask, you are asked with the race of the patient is and that's on the side. but when felt she was asked about treatments, he talks about awards. take a watch. >> was of the current status of it ahs, and there are a number of awards that have been given most recently in september, that wasn't an additional 750 million in funding similar to the rescue plan to come in getting about 100 researchers in 30 institutions. >> harris: i asked our team to pull that out because it just felt like a huge pivot. carly? >> carley: yes, because it was. the biden administration and health officials, dr. rochelle walensky and at dr. fauci, they always pick it up about vaccines in a way from treatments. that's a really big problem. it was huge news when everybody found out that the biden administration was prioritizing and giving covid treatments to people based on race. obviously, you need to treat people not on their condition and the color of their skin, but the other issue with that is we shouldn't be rationing treatment at all. this country should have enough treatment -- speak one we should have prioritized that, enough for everybody. >> emily: operation with warp speed for treatments need to happen. >> harris: up my mind was blown when he pivoted to award-winning performances by himself and others. you got to be joking. it's not time for a victory lap, it's time to save some people's lives that they can do it. >> juan: i agree, i think the messaging has been muddled especially on this latest episode about how long to quarantine and whether or not you need a test. i don't think there's any question that they are dealing with an evolving problem here, it's a generational challenge in terms of this pandemic. but they've got to be clear. there's no argument about the success and efficacy of the vaccination and the booster. everyone agrees that our hospital system will not be strained or overloaded, like a quarter of the hospitals in the country, at max capacity right now and people having to cancel surgeries for cancer and other illnesses if people were vaccinated. it's a simple thing. i think we could argue about cdc messaging but there's no questioning about that and the use of masks. this is nonpartisan. about masks and vaccinations. >> harris: it but you are saying that this current administration has come up with nothing to help us go forward since president trump's operation warp speed vaccine. that's what that drills down to. and if you want to say it differently, if you want to change the facts on that, you have to call the white house and tell them to do something better. >> juan: the facts stand pretty clear but we have vaccinations today and with testing available. >> harris: oh, my goodness. and you really think that biden came up with those vaccines? please say it before we go into the next commercial. >> juan: the distribution has been under president biden, and he has made it available and we have gotten i think two-thirds of the country vaccinated. >> harris: that's on the back end by prioritizing their care and that we could go on but we only have an hour. >> juan: but they have to help all of us. >> harris: i hear you, i'm committed to get to this commercial. a pulitzer prize-winning columnist is now encouraging his readers to publicly mock anti-vaxxers who die of covid. he says it's to create a teachable moment. ♪ ♪ it's my 4:05 the-show-must-go-on migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes, without worrying if it's too late, or where i am. one dose can quickly stop my migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy. the anytime, anywhere migraine medicine. veteran homeowners. if you haven't refinanced yet, ask about ubrelvy. get in on record low rates now. the newday two and a quarter refi is the lowest rate in newday's history. two and a quarter percent. just 2.48 apr. just one call, and you can save thousands every year. there's no money out of pocket and no up front fees. the newday two and a quarter refi. at these rates, you may never need to refinance again. how bout sushi? 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[collision beeping warning] [silence] how bout tacos? tacos. automatic emergency braking — one of six advanced safety features standard on every 2022 chevy equinox. find new technology. find new roads. chevrolet. >> emily: a pulitzer prize-winning columnist is coming out in support of public mocking of anti-vaxxers who died from covid as he addressed the case of kelly and b, a deputy d.a. and california who opposed vaccine mandates who reportedly died of coronavirus complications last week. the "l.a. times" columnist writing come on one hand the hallmark of civilized thought is that every life is precious. but those that have deliberately flooded medical advice known to reduce the risk of serious disease from the virus and end up in the hospital or the grave can be viewed as receiving their just desserts. there may be no other way to make sure that the lessons of these teachable moments are heard of. the writer also went on to write in that article the pandemic confronts us with a profound moral dilemma. how should we react to the deaths of the unvaccinated? to which i respond to, grief, to every single death regardless of vaccination status. what say you, juan? >> juan: you know, i just think compassion and grace in these moments is so essential to keeping our sense of humanity and love for each other. i don't care about your politics or your stand on this, if a family member is gone i think we all share that sense of grief. at so emily come unto me, i wouldn't do that. i understand the idea that this is not about individual choices, and when you fig about the spread of a pandemic it affects the entire american community and you have to look out for each other. and i think compression should be the byword. >> emily: circling back with you, you are an award-winning journalist and i have the utmost respect for you and your writing. so i ask you when this kind of thesis is being promoted by a pulitzer prize-winning columnist, does this absolutely detract from the point of this grace and there it doesn't account for the people that have to take medical exceptions or the like. this is putting out there are really draconian view, a graceless of you. what are the facts that this is coming from someone of such esteem in the media? >> juan: i think writers are intentionally provocative at times to promote conversation argument, but again i think it is graceless to say something like this without expressing the idea that a human being lost their life. and that's why, it's important to get out the message that vaccines work, boosters work and they keep people from being severely sick and out of hospital but let's respect wife. i think she was a bright accomplished person and i think she was misguided, but that's it. i would offer my best wishes and express my grief. >> emily: i love that. let's respect life. i'm a >> kayleigh: that, we all agree on this panel about vaccines on the efficacy of it, but one thing i would say about this guy, this writer, he should look in the mirror because he contributed to selling doubt about the vaccine. he wrote a column in september 2020 warning that if trump rushed to the vaccine it could "kill us." he went on to say when i hear things like emergency youth authorization, that's used by the fda to try to fast track in the therapeutics so this guy was so in doubt about the vaccine when president trump was in the white house much like kamala harris did, maybe look in the mirror and ask how you contributed to the reception of the vaccine because he was a big part of it. >> emily: that's exactly right in your participation matters especially when it's like that, a big platform. currently, your thoughts? >> carley: this guy is actively cheering for people to die. it's because he has a level of disdain and was hard for americans that is unhealthy in the end of itself, and all of our jobs or his job is to talk politics and with that comes responsibility. it's a simple rule, and people may disagree but we all want what's best for this country and he has lost sight of that end is somehow rooting for people he disagrees with to lose their lives and then point fingers and laugh at them. he wouldn't do that. i doubt it, to somebody that contracts hiv or a smoker who contracts cancer, so why is he doing it here. it is disturbing. thankfully he is in the minority in this opinion and normally these opinions are held by twitter trolls. and now, pulitzer award-winning journalists unfortunately. >> emily: just ahead, no slogan dress code is the biden administration pushes them to let workers where black lives matter masks in stores. we will weigh in on this battle over free speech, next. ♪ ♪ people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is 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black lives matter masks which violate the company's dress code. the company's long-standing policy forbids all slogans. the company argues of the first amendment rights are being violated by an attempt to make them speak out about a political issue. harris, this was a general rule, and we want to focus on excellent food, not political messaging and it makes a lot of sense. >> harris: i think corporations can talk about these things because they do want people to focus in on what they are doing. if you are goal is to sow a lot of stuff inside whole foods, then you don't want anything detracting from that and whole foods is making a number of changes now so they need their workers focused. for instance all the self checkout lines in new jersey, i don't know if they are fluent across the country but you have to help people in the checkout process and i'm not sure if slogans will do anything other than distract. i'm not the attorney that both you and emily are but i'm not sure that there is a legal ground to say that whole foods can't do this anymore than they can say starbucks can't make people wear green. everything in there is green and right don't like white. they've never said anything about that, maybe they love christmas like i do but they can't do anything about what these people where for corporations. >> harris: exactly to that end, they have the labor group saying this is about collective action to which whole foods replies this is not about collective action, this is about the first amendment and compiling the employer to speak. >> the compelling speech is against the first amendment and that was what whole foods was arguing. remember the scripture store is owned by amazon and that they are sane to harris' point, we have a completely apolitical approach and they argue on top of that that the slogan doesn't further employees health or wellness for that tag of the company. they say that the protections offered by the nlrb, they don't extend a political or social justice speech. they also argue, they say it dilutes the brand because they say the board is, by forcing them to align the uniforms that it's diluting their brands because it's allowing political messaging in conjunction with its uniforms. so that's an additional, almost a commercial argument that will fly. bottom line, their policy banning all types of extra messaging, it doesn't single out black lives matter. though i do foresee here that while the law is on their side, i don't know if they will win this one because it's a political board contrary to what they left will tell you. this is a politically driven board and right now the makeup of it is not in amazon's favor. >> kayleigh: that's a fascinating distinction and a good point. but whole foods added we do not believe we should compromise that experience, the shopping experience, by introducing any messages on uniforms regardless of the content that shifts the focus away from our mission which is high quality food. >> kayleigh: this is a cut and dry situation in my opinion, companies are allowed to make dress code rules and if you don't like it, you don't have to work at whole foods. the company is absolutely right, we don't want a nonpartisan dress code policy because we don't want people getting mad when they are shopping for pudding. and you know that if they let people wear black lives matter masks, then they have to let people wear trump t-shirts. and that there's going to be chaos across the board of whole foods and then nobody is going to want to by putting there. >> harris: i love pudding. >> emily: that's it. and i love pudding, too. the national retail federation piped up and said we don't want companies -- and i'm paraphrasing here, to become in the business of policing political speech. that seems very common a sense on its front. >> juan: first, let me say i want to vote for pudding. i'm not putting family, too. but we've been through this conversation before. i think some of the manufacturers in the midwest had an issue when people were wearing black lives matter shirts to work and people said wait a minute, you don't allow us to wear trump hats or trump shirts and then you had the factory say, one is a political statement and one is not, one is simply a matter of expressing her values like boy scouts or american cancer society. >> emily: but what about a thin blue line hat? >> juan: i think whole foods is saying that they consider a black lives matter to be in line with apolitical statements. once they say that, if their policy is all political statements are banned and we consider this political, then i understand. >> emily: i wonder if they would allow that thin blue line, and we all agree on pudding so there's that. just ahead, a whole school liberal bill marr calling of the left's achilles' heel. why the left says he won't write off trump voter is like so many others have. that's next. ♪ ♪ >> president biden at present, or ß-letter to push legislation that republicans say is nothing but an effort to nationalize elections to help democrats. president biden is doing nothing but add to his campaign of falsehoods. the governor will join us live and bret baier is also here to react. plus the latest from capitol hill is the heated covid hearing continues. we are monitoring that as case counts hit records high. the latest on bob saget's death with the autopsy complete, now his death is still a mystery. come join us as "america reports" at the top of the hour. >> harris: and bill marr is refusing to write off trump voters. at the comedian who is currently on tour in the southeast says a bill in icing those who support the former president will only divide the nation further. the real-time host and self proclaim old school liberal have this message. and it's a quote. i constantly say it, you can hate trump, but you can't hate all the people who like him. that's half the country. and you can't set yourself up as some sort of superior moral paragon because this is your political belief and somebody else has another one. i feel like that's the achilles' heel of the left right now. they identify issues mostly by what they can feel superior to another person four. wow. kayleigh? >> kayleigh: i don't often agree with bill marr but i do on this. if the left some of the country deplorable or irredeemable, smelly walmart shoppers, that's what peter strzok called us. cnn said we couldn't locate countries on the map, so the left has a habit of doing this. i can tell you as someone who traveled the country, i had the honor of meeting hundreds if not thousands of trump voters and these are good hardworking people who loved their country of the american flag who take pride in everything and their country stands for it. to demonize them, i wouldn't do it to biden's voters. i love you. if you voted for biden or you voted for trump, i don't care who you voted for and we are all americans. i think to his point if we could get back to that, we would be in a much better place. >> juan: i think bill marr is a comedian and he's on tour and he strongly anti-cancel culture for himself and everybody else and so i see this as consistent. if he doesn't want to say something that might offend you. he can be very tough on trump for example. >> harris: i don't think he is worried about that company's been doing it his whole career. so what about the 75 plus million people that voted for trump? what if he is sincere about the fact that you can't just ignore them? a point that i have made since biden got into office, wouldn't have gone far if he had acknowledged the vaccine for the previous administration and all those people who supported trump. >> juan: i don't think you should ignore people as a principal but i think what bill marr is saying is when you demonize people like that, you risk losing contact with them, not only as fellow americans but, in his case is people who will come to his events and people who will listen to him. bill marr can be pretty tough as you point out, but he wants to stay in touch with people and i think that's a good principal. >> harris: carly? >> carley: this whole situation that comedian rob schneider posted once. he said i am a classic 1970s liberal, which today means i'm a true conservative. i'm not saying that bill marr is conservative but he is reasonable and it's sad that being reasonable means that you are saying openly that you are not writing off half the country. he's also a smart businessman because a lot of people are going to his -- going to his comedy shows, both republicans and democrats. >> harris: juan pointed that out and it, you pointed out, too, it's a bottom-line enhancer. >> emily: 's calls for unity in my opinion go far deeper than our presidents who are frankly shallow, because it bill marr has yes, common sense, and he's honest. he calls balls and strikes likes he sees them and to kayleigh's anecdote, in nashville everyone laughed at the audience. they didn' what we need and to carly's point, the reason why you are so toxic is because you have become the party of no common sense. all he's sharing right now is being reasonable and saying at least at a minimum we can come together and laugh but we shouldn't if attack each other because we feel differently politically. and i appreciate that he's not willing to put dissipate and then ostracize nation of half the country. >> i also appreciate him as a storyteller. his jokes are based on the story of his travels and his life, some of them in, his perspective. and you want to be able to collect as many as you can and why stop the flow by simply turning off the spigot of more than half the people out there. it enables him to be better at what he does. more "outnumbered" in just a moment. ♪ ♪ people everywhere living with type 2 diabetes are waking up to what's possible... with rybelsus®. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. 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your job criteria. visit indeed.com/hire and get started today. ♪♪♪ >> a canadian politician is being ripped apart online after sharing a picture on twitter. take a look here. even after a 12-hour night shift at the hospital my wife still has the energy to shovel the driveway. god bless her and all our front liners. time to make her some breakfast. people slammed him tweeting and the reason you could not be bothered to shovel instead of taking the picture from the room and tweeting what exactly? she just worked 12 hours, what were you doing? another says god bless you, john, for being the most lazy husband or the cheapest one, and love this one, seriously, chivalry and decency are not in that house. you are in the snow in d.c. your thoughts on this? >> i have to be careful, emily, my wife is watching. i'm late in the latest snowstorm, she's the one who did the shovelling, you know, and i got to tell you, she enjoys it. she adds, she said you don't have to come out. she gets a kick out of it and guess what, the neighbors take over and the kids come to play with her, so it's a different situation. yeah, i understand -- i understand why this politician got mocked. you know, clearly just watching was not the right act. >> totally, and on that end, cynthia rays, the wife of the manitoba cabinet minister said all i wanted to do was shovel. she volunteered, but his reaction that stirred up the internet. >> he was honoring her for being a hard worker and then said he was going to make her breakfast. so you scratch my back, i scratch yours. it was a cute thing. responses are funny. one person says why are you watching and not shovelling, this tweet sucks. so, like so brutal and so rude from the world of twitter. >> kayleigh, i don't know if making breakfast is the same realm of shovelling snow. >> almost spit up my coffee, excuse me, you are letting her shovel? and a former colleague said after breakfast you may consider researching divorce lawyers, you may need one. that was my reaction. but cynthia reyes does not think so. >> harris. >> look, breakfast by tony would be worse punishment. he doesn't cook. i'm so fired right now. >> thanks to everyone and now here is "america reports." >> sandra: thank you, team. c.d.c. director rochelle walensky and anthony fauci on capitol hill testifying at times in heated exchanges before the senate health committee on the administration's covid-19 response. >> they are facing tough questions from senators on a number of issues, including why covid tests are so hard to find as we enter the third year of the pandemic. task force member and testing

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