the law. the statement says in part, quote, the abuse of power and misconduct demonstrated by the cowboy sheriff and ag james is transparent and has to stop. setting up a primary contest against governor kathy hochul that replaces cuomo after he resigned in august. i am joined by tom winter along with former new york federal and state prosecutor and msnbc legal analyst, katie weinstein. tom, first of all, tell us, we had the news conference happening now and any major headlines you have seen come out of it so far? >> yeah, a couple things. it helped enlighten what happened, and you have one report that says they were released in error, and then the bottom line according to the albany county sheriff, craig apple sr., look, this caught us by surprise as well. the criminal complaint was presented to the court, and then in five to ten minutes they get that complaint turned around and a criminal summons is issued. they thought they would have more time, maybe not necessarily weeks, but enough time, he says, to have confirmed with the district attorney, who he did not have a chance to confer with, to speak to the governor's attorney just to let her know, and this then came out and it popped up on a blog, a new york state politics blog. bottom line, it doesn't change what the governor will face, a class a misdemeanor in the state of new york for unlawful touching. he said he did not know if it would go to trial or not. he said, quote, there's an overwhelming amount of evidence. he believes -- he says, rather, he's very confident that the case will be prosecuted by the local district attorney. >> the sheriff has been playing defense for the past 24 hours because of how it unfolded, right? >> yeah, there was speculation, and we have been cautious as to not get involved here, and the district attorney puts a statement out that i was just as surprised as the rest of you about the charges being released, and i think now we have a little bit more clarity according to the sheriff, what he said happens, the chain of events from yesterday. i think we now understood the process a little bit better, but as i said, it doesn't really change our understanding of what is alleged here. i do want to point out something on the governor's response, that they continue to point to the attorney general, letitia james, that can be a candidate for governor, as you said, joe, and i think the important thing to remember is that she did not conduct the investigation. the governor's office referred to her a request to look into these allegations when they were all swirling last year. at that point she appointed two independent attorneys to conduct an investigation. her office released a statement. she did conduct a press conference and speak about it, but it was not letitia james herself that over saw the investigation herself. an important fact check there. >> the state of new york in a instance like this, the judge says, look, we find there's probable cause to move forward with this charge against you and you have to show up on this date to answer for, and the governor will in court on november 17th in albany. that's the first time we will see the governor in court to answer for this misdemeanor charge. >> i want to bring you in to talk about the criminal process. i want to read from the "new york times." it says, quote, the charge against mr. cuomo caught many in the state capital by surprise. how surprised were you about this? do you think this was the usual process? >> it was a very irregular process. it seems that the sheriff acknowledged that himself today, demystifying some parts of it, and still leaving lots of questions unanswered. you know, the public usually sees the district attorney, the prosecutor, and the police who investigated the crime united in initiating and bringing a criminal charge. there seems to have been some break down and a look into what is really the preshow, what is not ever really visible and suddenly has become visible and raised lots of questions. >> because of the questions, i want to play from the county sheriff moments ago responding to the criticisms of how the county handled the criticism. let's listen. >> this is how they play. you guys have been in the business. you have seen some of the tweets that come from the governor's office, listen, this is my job. i would rather they throw it at me than to revictimize the victims over and over. i have been doing this a long time and been called much worse. >> what do you make to the response in all this? >> i don't think tt irregularities in the process have done any favors to the victim or to anybody. they are a distraction of what has to be ajude indicated. >> thank you both for joining us to break down this breaking news. we appreciate it. we are days away from the supreme court taking up some of the most consequential cases, from abortion to gun rights to religious freedoms. the first case scheduled for monday is focusing on the texas abortion law. pete, run us through the next couple months, what they will look like inside the court? >> this is really the term about abortion. we got our first look on monday, the two cases that are really not about the fundamental right to abortion. they are about the structure of the texas law. the way texas has set it up. under a supreme court precedent, a state official can't ban abortion before viability, and texas said we didn't do that. we are farming out enforcements to individuals who can do -- sue. who gets the sue and who do they say judges should act against to try and frustrate sb 8, so that's the real question on monday. then we come back to the abortion issue when the court takes up the fundamental issue. this is a case from mississippi that has a law now on hold that would ban abortion after 15 weeks. the supreme court said states can't ban abortion before viability, so the question is is roe v. wade still a good law? this is the biggest abortion case is 30 years. then the supreme court on this coming wednesday will look at an important issue that is unresolved about the amendment. the second amendment says there's a right to keep and bear arms. what about that and bears arm part? this is the court looking at a new york law that says in order to get a concealed carry permit you need to show a special need, something beyond a general desire for self defense, and does that go against the second amendment. then from maine, if a state gives money to parents to be used to send their children to private schools, can that money be spent in schools that offer specific religious education, and you can't ban that from going to school because they are affiliated with religion, and this is if it's for religious education. >> we are talking about when these cases will be argued, and i am flashing back to my high school political classes, so when can we get some decisions in some of the cases? >> well, just like you learned in high school, much, much later. these two cases on abortion from texas and mississippi, although they are separate issues are somewhat related, and i don't think you will see those before late june. the gun case could come out earlier depending on how the supreme court decides that case. by a way, the decision on the gun case can affect the question about concealed carry, but the ability of states to impose other restrictions on gun ownship or carrying in public. >> thank you. governor biden's diplomacy skills being put to the face, and his face-to-face meeting with his french counterpart since the big rif. we will talk to one veteran diplomat. it's more treatable. hey, cologuard! hi. i'm noninvasive and i detect altered dna in your stool to find 92% of colon cancers, even in early stages. early stages! yep, it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. count me in! me too! hi sabrina! hi jen! hi. so you're the scientist here. i just have to ask. does my aveeno® daily moisturizer really make my dry skin healthier in one day? 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you can experience better hearing with no obligation. just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. part today in the first of a flury of meetings scheduled as part of the g20 summit in rome. the president hopes to make a mark on foreign leaders as they tackle major global issues, including the economy, climate change and the pandemic. the president met with pope francis. let's bring in nbc correspondent, mike momoli. >> what made today's meeting so unique is never in american history have we seen a new president go into that meeting with the pope francis with the long history these two men have. it was 2013 when biden was the vice president and he went to the inauguration of the pope in rome, and he praised the tone he set early. pope francis made his visit to the united states only a few months after biden lost his eldest son, beau. biden talked afterwards about what a comfort the pope was to him and his family at the time. that was really something that made a moment today so meaningful as well. i want to play an unusual gift exchange the president had with the pope. let's take a listen to that. >> the president has what is called a command, what he gives to warriors and leaders, and you are the most significant warrior for peace i ever met,ing and with your permission, i would like to give you a coin. what is different with this coin, it has on it the -- i am only kidding about this. next time i see you and you don't have it, you have to buy the drinks. >> so obviously a very personal moment with a light-hearted one, as is typical with joe biden and he ended the meeting with the pope by saying god love ya. yes, there are politics within the catholic church. the fact that joe biden is the second catholic president but a president that supports abortion rights has led to something of a schism in the catholic church. afterwards as he was meeting with the italian prime minister later today the president was asked if he spoke to the pope about this, and he said the pope thanked him for being a good catholic, and yes, he should continue receiving communion. >> we wanted to give that time between the president and pope a little time to breathe today. thank you for bringing that to our viewers. and let's bring in the president of the council on foreign relations and the author of a new book "the world: a brief introduction." let's look back at g7 that took place in the uk, and it seemed like they saw biden as more reliable than trump, and domestically the honeymoon is over, but how about globally? >> i think it has worn off to some extent. they see the problems going on in washington and getting legislation passed. you obviously have what the president admitted with the french president, a clumsy interaction, a lack of careful handling to replace the submarines, and the afghanistan process was not well received, and for some it was the decision and for some it was how it was carried out. look, at some point it's not enough not to be donald trump who went out of his way to alienate democratic allies. people are looking for president biden to deliver certain things or act certain ways, so there's an inevitable leveling or reality set in. >> you mentioned the tkaos put with france and australia, and let's take a listen to president biden and emmanuel macron debriefing that a little bit today. >> what happened was -- to use a english phrase, it was clumsy and not done with a lot of grace. >> now, what is important is to be sure that such a situation will be not possible in the future. >> can they quickly move on from this type of spat, or is it something that will linger? >> both. what is done is done. they have so many issues in front of them in terms of european security given the challenges posed by russia, immigration issues and uncertainty from the middle east, and all the issues of china. it's an enormous agenda not to mention climate change, the pandemic and the like. the french and the united states for all differences are natural partners. they will manage to put the submarine affair behind them. the bigger question is whether they could come to an agreement on some of the big issues. >> this is an issue that has everyday americans concerned, and that's the distribution of the world supply chain. how can world leaders address that at the summit? >> there's no one cause of the problems. covid slowed things down either in factories in some cases, or ports. some cases, it would be weather issues and climate issues. i think there's long term answers, and the idea of distributing where you don't have all of your eggs in one basket, so if something happens in a single country or port, it doesn't have enormous global ramifications. it will take time to smooth things out. and because of the covid pandemic, there will be a degree of getting back to normal. with every month that goes by, assuming it will get back to normal. there is simply is not the consensus in the world to take the sort of ambition actions that need taking to get the world on a trajectory to limit the increase in the temperature in the atmosphere and ocean. there's no consensus about brazil that is destroying the rain forest, and china is now the world's biggest emitter of gases and increasing its dependance on coal over a decade. this is a process, and the real question is can the united states and others step up to it? the president heard a little bit on what has happened in washington, but that's a small part. the real question is what are other countries willing to do over the next decade? >> a lot for leaders to address, and we appreciate it. >> thank you. the fda authorized emergency use of the pfizer covid vaccine for kids 5 to 11. this is just in time for the holidays. we will have details right after this break. plus, with the president overseas, we're live on capitol hill and when the multi trillion dollar spending bills may finally get a vote. stay with us. at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when it departs... keeping crews connected as they help build communities... or providing patients the care they need, even at home. we are the leader in 5g and a partner who delivers exceptional customer support and facebook advertising, on us. network. support. value. no trade-offs. unconventional thinking, it's better for business. ♪♪ your new pharmacy is here. to make sure you don't run out of meds here. and with amazon prime, get refills and free two-day shipping. who knew it could be this easy? 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>> no, this is not a surprise at all because the fda advisory committee met and they recommended they go forward with this emergency use authorization. the fda almost always backs up what their advisory panel did and we thought it would happen sometime today and the only surprise is we thought it would be later today, end of business, and they did it earlier than that and now it needs to go through the rest of the process. >> what does this mean for kids? is it the same dose or a smaller dose than what adults have gotten over the next several months? >> what the fda put out, they found out 5 to 11-year-olds in their study, the effectiveness was 91%, which is similar to the effectiveness they saw in older children. on top of that, the side affect were minimal, side effects mainly arm soreness, and feeling under the weather and they found the dose they needed was one-third of the adult dose, which is the important part here, because we say children are not just little adults and they are little people with their own body and immune system, and they found the third of the dose gave them safety and effectiveness as well. >> you heard probably from a lot of parents that had questions about this, and surveys have shown not a majority of parents will jump in and get their children the shot. what you have heard? >> the biggest question is should my child get this because are children that susceptible to this virus and does it really cause that many issues? the answer is, yes, because two weeks ago the american academy of pediatrics came out, and this age group around 100 children have unfortunately died from covid and that's the immediate affects of covid, and we don't know about the long term affects that go on, so protecting them from covid is important. myocarditis has come up, and it's a rare issue, and they think it will not be an issue for this age group, and it's those that have gone through puberty. >> it's about protecting kids and it's not just about that, right? >> no, it's not just about protecting the children, but by far that's the parents' big concern is making sure my child is protecting and at the same time protecting the community. the important thing to remember, too, if you have somebody vulnerable at home or somebody vulnerable at school they might interact with, then that protection may go to protecting them and that vulnerable person around them as well. this is going to help the child, the parent, the family and the community. >> thank you for joining us on this breaking story. we appreciate it. >> you bet. the president is overseas and now house democrats are setting their sights on next week for a vote on the mull tree trillion-dollar spending bills. pressure is mountinging on kyrsten sinema and joe manchin to say they will vote on the spending bill announced by president biden, and democrats we have been talking to on msnbc are spending more optimistic than ever but differ on when a deal may finally be done. >> when do you think this vote happens? >> before thanksgiving. >> i think the timing is still on tract to get something done next week. >> i am optimistic we will have a vote sometime in the coming week. >> we are also following another big development from capitol hill, representative adam kinzinger announced he won't seek re-election next year. former president trump quickly weighed in. good to have you with us here. we're going to check in with our team, ali vitali on capitol hill, and we are joined by our chief from politico. what is the plan now? >> they continue pressing forward on whatever timeline you want to take from those lawmaker interviews that you just laid out. there's a consensus among democrats that they want to keep moving expeditiously on this. one lawmaker as they were leaving for the weekend yesterday said she has good vibes for november, and that gives them a wide girth to get this done. the conversation has turned to one of optimism because this seems as a package that will pass, and it's not an if anymore, and it seems look like a when. yesterday before they left town, one of the central senators to the conversation and negotiations, and she has been clear, she needs assurances so she can go back to her caucus and get them onboard for a vote. that's why they did not have the vote yesterday, because dozens of progressive democrats said they did not feel comfortable and needed more assurances even the bill text and framework was out, they needed to hear specifically from sinema and manchin, because if they move forward on the bipartisan infrastructure bill they could get hung out to dry on the larger social spending package, and after that meeting with sinema, not just from her, but also tweets from the congressman that helped to broker that meeting. both men saying i have new optimism, and even if our air today we had congressman richie torres saying the word optimism and laying out the plan ahead. >> the president left for his overseas trip, peter -- the president left for his overseas trip without a touchdown, and now they are moving into the end zone, so what are you hearing about this? >> well, keeping with the meeting of the day, there was the meeting with pope francis and they really wanted to see that they would have the moderate democrats onboard, as was just communicated. we have been in contact with white house officials over the course of the day and as they describe it, they are certain they will get it done in the next days or weeks. they are emphasizing not just urgency but optimism that they are on pace to get it done. the president's meeting was unusually long, running an hour and 15 minutes, and then meeting with another world leader detailed that conversation and said the build back better agenda came back, and he said they did, the president and the pope, agree that the world has a moral responsibility to combat climate, and that's relevant because the president will obviously take what is shy of a victory, but still, the white house uses a major success into glasgow, scotland, and they will be meeting with leaders from around the world and they want to make the argument that the u.s. action is an example that other countries should take to fight back against climate change and combat carbon emissions. >> i want to put up a tweet that you summed up what happened in the last 24 hours or so. thursday was a big goose egg for democrats, a high stakes biden visit and then another punt. liberals were triumphant and everybody else was fuming. what can you tell us about that and what is the feeling among democrats? >> i think as peter and ali alluded to, this will get done. they do have several weeks. they don't have to do it next week. i think members left yesterday and some have called me and texted me today and there's still a lot of hurt feelings. people are mad and are wondering what the short term impact is. senior democrats feel embarrassed they went out there and said we are going to vote on this today and land biden a big win by the time he lands in rome, and then they ended up footing the bill again. this will have a bad cache of bad headlines that could impact the close gubernatorial race on tuesday, and what happens if the democrats lose that race, how does that impact the agenda? is there a trickle down effect there? there are a lot of some senior democrats mad at the white house because they feel like when the president did come and visit, he told democrats that he wanted them to support both bills, the social spending bill and the infrastructure bill, and he didn't ask for progressives to vote for the infrastructure bill yesterday, and senior democrats say that hand strung them because they were not able to whip the vote like they thought they were going to, because progressives were saying we were not told to vote on this today. >> thank you all so much. appreciate it. >> thank you. >> also following breaking news from capitol hill, congressman adam kinzinger is calling it quits at the end of his current term. he announced his decision on a video statement on twitter. >> i stand in awe of the courage of the other nine members that voted to impeach the president of their own party, knowing it could be detrimental to their own career. most importantly i admire those everywhere that put their country above their party in service to their fellow man. >> nbc news national political reporter is on capitol hill. what is the former president saying and what do we know is behind his decision to step down at the end of this term? >> a couple different factors behind kinzinger's decision. he found himself at odds with the trump movement, which in this day and age tends to be a one-way ticket to exile from the republican party, and before this announcement illinois democrats advanced new maps that would chop up kinzinger's district and pit him against a fellow republican incumbent, and that would be the favorite in a primary in kinzinger would run again. the president saying, two down and eight to go, clearly referring to the 10 republican members of congress who voted to impeachment him. kinzinger is retiring, and another one, gonzalez of ohio is retiring, and the other eight all have primary challengers. some have cited the decision to impeachment the former president, and others have sent a clear message that the president is trying to enforce loyalty and on something of a revenge tour against those that crossed him after the 2020 election and the behavior that led to the january 6th attack on the capitol. >> what does this tell us, if anything, about the current state of the republican party? >> it tells us there's a battle of the soul of the republican party now, and donald trump is clearly winning despite his defeat in the 2020 election, which we can't note enough was fair and square. the question is whether there's still room in the republican party for figures like adam kinzinger, and he was conservative until he casts that vote to impeachment trump earlier this year. he voted in alignment with the president 90% of the time. a similar situation unfolding for liz cheney, and she's also a target of the former president she voted to impeachment him and refused to go quietly and actively debunked his conspiracy theorys, and kinzinger did not say what comes next, but he does have a megaphone and it will be interesting what he does with it. >> thank you. coming up, we're hearing directly from a key group of voters in virginia with just four days to go until election day. >> think of the past year and a half, women have been stretched thin. we're tired and frustrated, but to me that's motivating. mm. 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>> reporter: in 2017, part of that were the suburban women, and all of them said, look, we are emotionally and mentally exhausted, we are exhausted from virtual school and bearing the brunt of child care, and meantime some conservative women said they are actually energized. take a listen to the cross section of women that agreed to talk to us, joe? >> do you feel differently today than you did during the 2017 gubernatorial in terms of your enthusiasm? >> i do. i am less enthusiastic and tired and not inspired by the candidates. >> women have had to attend virtual school and make sacrifices during covid. we are tired and frustrated. to me that's motivating. >> i am surrounded by people who are incredibly motivated to vote in the election whether it's democrat or republican. people i am close with, my family, we are excited and proud to vote for the republican party. >> even though i am tired and weary and would like for this to be over with, i am there, i am there for the long haul. >> all of the polls here do show gop voters are more enthusiastic, and in the state there's a history of the virginia voters choosing the out party, and when i talk to the weary democratic woman, they said even though we may not be as jazzed about the candidates, the issues are still important, for example, watching what is happening in gop led states like texas and women's reproductive rights, and anti-mask activist showing up at school board meetings. they end of the day, it does not seem that a lot of these suburban women are going to sit it out, but the question is if enough of them will show up to push mcauliffe over the finish line because he has the advantage when it comes to registered democratic voters. >> four days and counting. thank you so much. a new day is dawning in boston. for the first time ever, the mayor won't be a white male. more on that historic vote ahead. called tardive dyskinesia td. and it can seem like that's all people see. ♪ some meds for mental health can cause abnormal dopamine signaling in the brain. while how it works is not fully understood, ingrezza is thought to reduce that signaling. ingrezza is a prescription medicine used to treat adults with td movements in the face and body. people taking ingrezza can stay on their current dose of most mental health meds. don't take ingrezza if you're allergic to any of its ingredients. ingrezza may cause serious side effects, including sleepiness. don't drive, operate heavy machinery, or do other dangerous activities until you know how ingrezza affects you. other serious side effects include potential heart rhythm problems and abnormal movements. shift the focus more on you. ask your doctor about ingrezza. it's simple. one pill, once-daily. #1 prescribed for td. learn how you could pay as little as $0 at ingrezza.com as someone who resembles someone else, as little as $0 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 ♪ want your clothes to smell freshly washed all day without heavy perfumes? 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(all) to screening! brushing only reaches 25% of your mouth. listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100. bring out the bold™ boston will elect its first woman and first person of color as mayor on tuesday when former mayor marty walsh resigned to join the biden administration this year, he left an opportunity for the city to elect new and diverse candidates. but this sign of progress is bitter sweet for boston's black community. trymaine lee explains why. >> thanks for having me, joe n. boston's 400-year history, it has never elected a black mayor. yet on tuesday, election day, the city is poised to make history nonetheless. just not the history some folks were hoping for. to better understand the racial and political dynamics in boston i went to some of boston's historically and traditionally black neighborhoods. let's take a look. >> in the race for boston mayor, public education, affordable housing, and public safety have become key issues. but in many ways this race is all about race. for the first time, a woman of color will lead the city. annissa essaibi george who is palestinian american, who has positioned herself as a moderate after rejecting calls to defund the police. or michelle wu, born in chicago to parents from immigrated from taiwan. her plan for boston's green new deal has mader a favorite of progressives like presley and warren. boston has non-whites that are a majority with the population that's 25% black, yet black people here say they are consistently ignored and left behind. the poverty rate for people of color here is 15% higher than for non-black people. for non-immigrant bostonians, the worst wealth gap this the country. mr. adams is a local author and historian who leads walking tours of some of boston's most historic black neighborhoods. >> your worth is told to you every day without them telling you, you aren't as bostonian, and the only reason it is is because you were born in this skin. it is insane. >> reporter: and no black candidate has ever won in a city-wide election. when mayor marty walsh resigned to become joe biden's labor secretary, a diverse slate of candidates jumped into the wide open race, the top six all identifying as people of color, three of them black. kim janie, john barrows, and district 4 city councillor andrea campbell who was endorsed by the "boston globe" but none of the three made it through the primaries. >> boston was on the cusp of possibly for the first time voting in a black man or a black woman as mayor, but it fell short. why? >> turnout was abysmal. i was growing up, and not seeing someone in the office who looked like me. i want to see that not in just the mayor's office in other positions across the commonwealth. >> our tour guide see it as -- >> there isn't a clear way for blacks and bostonians to clearly aggregate political power and wield it in this city. >> reporter: even though campbell won't be declaring victory on tuesday she says it is still a milestone we are celebrating. >> it is hi historic, a beautiful thing. we are going to be electing a woman for the first time in this city. we should celebrate that. >> reporter: that's right, joe. many in this community, although they were hoping to see a black mayor, a black woman mayor, the progress of this moment isn't lost on anything. it also shows how much progress needs to take place in the city. >> for more of tri main's outstanding reporting check out his podcast into america. he gets an inside tour of boston experiencing the city. list listen now wherever you get your podcasts. thanks for watching this hour of msnbc reports. get more of me tomorrow afternoon alongside kristen welker. up next, "deadline: white house." n welker up next, "deadline: white house. (man 2) hey, no. uh-uh, don't do that. (man 1) we should go even higher! (man 2) yeah, let's do it. (both) woah! (man 2) i'm good. (man 1) me, too. (man 2) mm-hm. (vo) adventure has a new look. (man 1) let's go lower. (man 2) lower, that sounds good. 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