question. when is baseball or a baseball game more than just simply a baseball game? i'll tell you. when one of the teams has a racist nickname and the fan base doesn't let a controversial team tradition die, when that team plays in a state that's ground zero for election subversion, when a former president uses the game as an excuse to throw fuel on the culture war fires. when you combine all of that, that's when you get a baseball bellwether. the world series is under way. last night was game four. if you didn't watch any of it, this is what it sounded like for much of the broadcast. that was the tomahawk chop, a fan tradition criticized as racist for years. keep in mind it is 2021. we are living in the age of the cleveland guardians and the washington football team. mlb commissioner has voiced the support saying that the community in georgia or in the region is supportive of the program and the chop but this is a national past time and not a regional one and the national congress of american indians writes in our discussions with the braves we have repeatedly made the position clear. native people are not mascots and degrading ritual y you wills that dehumanize and harm us have no place in american society and the controversy swilling all week president trump decided to attend the game. here's how that went. all right. let's keep that video up for a moment to really look at this. trump clearly came to this game for a reason. he is inserting himself at the center of the flash point. that's his brand. and the fact that it's happening in georgia is natural. georgia is the epicenter of the gop's strategy. remember, after he lost the election it was in georgia where trump repeatedly tried and failed to get georgia state officials to overturn the results. he is on tape literally telling the top election foirnls find me 11,780 votes. the public efforts helped hand two pivotal senate seats to the democrats when they won in the special runoff election. state republican lawmakers responded by being among the first states to pass new voting restrictions including that give the republican state legislator more power and moved the all-star game. sow doubt. whip up a panic. this strategy was made in georgia. you can see it playing out in states across the country including the virginia governor's election on tuesday and that's why the baseball game is about so much more than baseball. so much to discuss and i have the perfect person to do it with. joining me is georgia state senator rg a democrat representing the sixth district where the braves stadium is located and a candidate for the nomination for state attorney general. great to have you with us. thank you for your time. let's get your reaction to former president trump at the braves game and doing the tomahawk chop. they said they didn't invite trump to the game and accommodate the request to attend it. but trump showing up to the game in atlanta, it doesn't seem it was an accident. right? he knew what he was doing and the optics of it. >> of course he did. look. he constantly trying to insert himself in wherever he thinks he can get some attention and right here in georgia which is really been ground zero for the election. he's come back to the stadium. we come together. he really wants to be here and really divide us. [ inaudible ] i don't think we should buy into. >> for those that don't know the braves used to play in atlanta. i went to high school in atlanta. but the team since moved i believe to a stadium in marietta after trying and failing to get funding from the city for a state yum complex. how's the move viewed at the time? >> i think in the time it surprised a lot of folks. not a lot of people knew about it. it was done -- a lot of back room deals. i tell you with respect to where the stadium is and where they moved it is in my district. i'm a democrat and represent that district and also where the stadium is represented by a democratic representative so in terms of the area where the stadium is and where folks that work at the stadium live we're democrats. cobb county is blue and while there may have been thought that it's conservative that's just not the case now. >> let's talk a little bit about voting rights in the state. they have been under attack by republicans in georgia and it's harder to vote. as a candidate for state attorney general, what can you do to protect voting rights and make sure that elections are free and fair? it came down to a handful of officials in the state of georgia who stood up to trump and since flip flopped if you will on the voting rights laws they did at the time deny his request to find those 11,000 votes and can't be assured that next time around another republican official, perhaps within more pro-trump won't acquiesce to his demand. >> i think we have to fight it on all fronts, in the courts, talk to the public about what they need to do to make sure that they can vote and fight it on the ground. specifically -- [ inaudible ] at the local election board. so it's basically all of the things. there can't be just one strategy and one way to do it. you can't out organize this. we really need at the federal level for them to pass protections. at the same time we can't rely on that. it is too important and the rights are too important to sit back and let republicans basically not only take the rights away but really put into place people who aren't duly elected by the people of this state. >> it is all eyes on georgia without a doubt. thank you so much for joining us this evening. >> thank you. joining me now is jonathan allen, a reporter for nbc news digital and representative donna edwards, a former congresswoman from maryland. jonathan, i'd love to get your thoughts on the controversy of the braves and former president trump's visit. the team and the league are trying to be very apolitical. is that impossible given the state of the culture and trump himself involved and wants to insert himself into any wedge in this country? >> the brand as the state senator was saying is absolutely to divide everybody he can. to take baseball, the national past time and turn it into a political issue. i think it's going to continue. >> if you were at last night's game or tonight and use it for a bellwether of the popularity of trump in the country, even some on the ballot in georgia, how would you say things look for him and the maga movement? is it strong or is he sent some massive political setbacks with the candidates he's endorsed that did not win? >> it is impossible to tell from the game because the attendance at breys games, the audience, the crowd is not representative of the atlanta area in terms of the politics and race and income and so even if you were to say he's popular at the stadium last night, i think they were focused on -- the crowd focused on the braves comeback yesterday. i just doesn't think you can get a gauge there. >> the virginia gubernatorial race is this tuesday. how do you think that's going to play out? do you think there's a danger trying to read too much into this one race ahead of next year's midterms? >> there's both a danger and not. i think that the mcauliffe campaign particularly in the late stages of the campaign is very aggressive knocking on doors. you look at the early vote numbers which are off the charts which generally fave democrats so that's a good sign and on election day we'll see. i think it's a close race. everybody believes that. i think the difference between them could not be more stark. youngkin continued to play and trigger the culture wars to generate enthusiasm for his campaign and an indication they will be run even if virginia is not predictive of what will happen in the midterm elections. >> jonathan, it is not looking like the vote on both the bipartisan infrastructure bill and the president's build back better plan will happen on tuesday. i believe friday democrats in both chambers trying to add changes to prescription drug pricing and a few other issues. do you think the vote will happen at all this week? has any implications for the virginia governor's race? >> i think it's sort of an opposite. number one, i can't predict what will happen but it will be difficult to get this passed through the house. negotiations were ongoing. i think house leaders want to do it. this is why i say it's kind over a reverse. if mcauliffe loses it's more difficult to move the bill. they will become more skittish of what they're willing to vote for so the idea to get it moving as fast as possible so they don't prevent them from getting them done if mcauliffe loses. i don't think it's a 10-point mcauliffe win and you see that where joe biden was 10 points in virginia a bluish/purple state if you will. i think that will be something that democrats have to look at in terms of trying to repogsz themselves for the midterm. voters don't necessarily want to hear that you will do things the same way and i think the message on that going into the midterms has to be better than right now. >> to the point about the numbers, new nbc polling not looking very good for president biden at the moment. the rating fallen 42%. one year out from the midterms. do you expect that number to go up at all when or if the democrats manage to pass the agenda? he has done very significant pieces of legislation already. sure, there's focus on these two right now but there's important steps taken and yet it's not trance lated at least from what we see into the perception that people's lives are immediately better. >> here's the thing about most of us is that the memories are short term. if democrats pass this agenda, i believe they will. there's no indication that they're not going to pass anything. >> right. >> the question is just what it's going to be and in any case we know that democrats will go across the country, particularly in spring building season when the roads and bridges and things that are visible to people actually happen and when those dollars really show up in the pockets essentially of parents who get tax credits, who are able to send their children to prekindergarten, those are real things that voters will be able to see and that democrats including the president will tout and i believe the numbers will go up. >> stick around for us. still to come, actress susie essman will discuss what her charact over would say to the democrats and the texas abortion ban before the supreme court on monday. will the court up hold the september ruling? my panel will discuss that. richard lui has the headlines. >> some stories this hour. a person is dead and three injured at california city council member's home in gilroy saturday. police responded to a large outdoor party. she said in a statement we are giving the full cooperation to the police department in this investigation. a halloween party south after a mass shooting left two dead and 12 injured in east texas. police estimate a couple hundred people were present when the shooting happened. jon bon jovi tested positive for covid-19. he canceled a performance in miami beach. the representatives said jon is fully vaccinated and feeling fine. more after this break. after th. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. ♪ when you have nausea, ♪ designed to help you keep more of what you earn. ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa. ♪ pepto bismol coats your stomach with fast and soothing relief. and try new drug free pepto herbal blends. made from 100% natural ginger and peppermint. (vo) this is more than glass and steel... and stone. it's awe. beauty. the measure of progress. it's where people meet people. where cultures and bonds are made between us. where we create things together. open each other's minds. raise each other's ambitions. and do together, what we can't do apart. this is space for dreams. loopnet. the most popular place to find a space. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. it is a tough week for the democrating following a tough few weeks. last week the president made a rare visit to capitol hill to pressure the party to pass the build back better act. speaker nancy pelosi said a vote would happen on thursday and president biden spiked the ball but he was only at the 10 yard line because the party infighting continued and the house vote was quickly postponed. now we may have a vote this week but it likely won't be on tuesday as orlgly planned so it still peels like it's a perpetual limbo. lawmakers defend thechls by saying we focus on the process than on the actual policy. fair enough. but you can't get to the policy without the process. you don't get to enjoy the sausage until the sausage gets made. right? and all of this makes me wonder what "kish your enthusiasm" fan favorite susie would say to the politics if she were in the room with them. >> get the hell out of here. out! out zblchl get out! get the [ bleep ] out! out! out! out! get the hell out of my house you ingrate! you don't have to imagine it and neither does anyone else. thank you so much. >> hi, ayman. >> thank you. what would your character to democrats? do they need to get a stern talking? >> i don't want to get you in trouble with the fcc. but she would base -- yeah. they need a stern talking and she would basically give it to them in a way they would never forget. >> please don't do that. the director in the control room may not be fast enough to bleep out the word. season 11 has just begun to air. can we expect anything on the state of politics? how do you guys see it? >> wow. you know, i -- there was mention. i don't know if you saw the foirs episode last week. there's the horrors of being named don junior which is hi liar you. there's something coming up. there is something coming up in the last episode, 10th episode, such an amazing surprise and so political and just you will love it. i can't tell you what it is but we have a sperl guest star. >> we will be tuning in to it. last season larry, you know, seen wearing a maga hat to keep people away from him. let me play what he said. >> alienate yourselves! yeah. [ applause ] go! go and alienate. you have my blessing. no. i could give a [ bleep ]. >> so okay. that was larry's perspective on it. have you ever worried about alienating fans with the comedy and the show you putt on? >> not for one second of my life have i ever worried about that. we do what we do. the show is politically incorrect that it's correct. >> absolutely. >> yeah. in comedy when you start to worry you won't speak the truth. larry tells the truth. so far it seemed to work out well for him and all of us. >> i agree. a favorite episode is the palestinian chicken episode. >> yeah. >> it just -- >> you know what's interesting about that episode? we thought would we get flack about this? it was a sensitive issue. nothing. there was no flack about it whatsoever because it is funny. >> yeah, no. hilarious and struck the right tone. how cathartic is it for you to yell and curse so much? >> yeah. it was the most fun thing. i show up at work and yell and scream and curse and tell everybody to you know what and give me money and i go home. >> how real are you in real life to that character? do you walk around cursing and yelling at everyone? >> no, no, no. no, no, no. i don't suffer fools gladly. same thing that susie green and much more mellow person than susie green i would say. >> listen. i know that you have been doing stand-up more than three decades. what was it like when you were a young comic? is it a different world or did things change as much as they have stayed the same? >> when i first started it was -- you would be in a club and nobody had a camera or a foeb and nobody was tweeting and it was this dark down dirty you know nightclub thing and it was private. you could, as a comedian you push the envelope. go too far. try things that maybe weren't going to work and pull back and figure out where the line was. now i don't know how they figure out where the line is anymore because they're so accountable all the time. there was a sense of like we're all in this together. we are in this thing together. now there's such an adversarial relationship. >> to that point, to what extent are comics supposed to reflect the times that they live in? with all the controversies, are you walking on eggshells writing the comedy and not offend the certain groups or do you feel that the comedians have -- legally they have that protected space but culturally do they? >> i think it's both. i think there are different types of comedians and mort saul that died this week was a great example of the people that push the boundaries and the type that's more acceptable, that just reflected what everybody's lifestyle was. there's room for everybody in comedy and mimes. no. not mimes. but for me i was a boundary pusher. i wanted to go far and other people are funny without doing that. we have to do what's true to ourselves as comedians. be true to your own voice. >> we wish you the best of luck and the continued truth in whatever you do. looking forward to the end of season 11 to see who the guest cameo is. >> oh baby. >> catch 11th season of "curb your enthusiasm" and tune in tonight on hbo. thank you so much. still ahead the texas abortion ban is back in front of the supreme court on monday. where will the judges fall? my panel is back to break it all down. don't go anywhere. go anywhere. are you tired of clean clothes that just don't smell clean? what if your clothes could stay fresh for weeks? now they can. downy unstopables in-wash scent boosters keep your laundry smelling fresh waaaay longer than detergent alone. pour a cap of downy unstopables into your washing machine before each load. and enjoy fresher smelling laundry. if you want laundry to smell fresh for weeks make sure you have downy unstopables in-wash scent boosters. shop online for downy unstopables, including our new, lighter scent. - [narrator] every three minutes, a child is born with a cleft condition. in the us, children are healed at birth. but in parts of the world where the right medical care doesn't exist, children like lexi struggle to speak or eat. without surgery, some will die. those who do survive face extreme challenges. together, we can change this. operation smile works to heal children born with cleft conditions. with volunteer medical teams in more than 30 countries worldwide, we need you. there are still millions in dire need of healing. go to operationsmile.org today and become a monthly supporter. help create new smiles and new futures. but act now. children are waiting. go online to operationsmile.org to give monthly or call. (upbeat music) certified turbocharger, suspension and fuel injection. translation: certified goosebumps. certified from headlamp to tailpipe. that's certified head turns. and it's all backed by our unlimited mileage warranty. that means unlimited peace of mind. mercedes-benz certified pre-owned. translation: the mercedes of your dreams is closer than you think. a monumental case before the supreme court tomorrow. the nine justices are scheduled to hear arguments on the texas near total abortion ban. the controversial law flies in the face of almost 50 years of abortion rights rulings and the court has twice already rejected pleas to suspend it. what sets this case apart is the texas law does not depend on state officials to enforce it. anyone can file a private lawsuit against a provider and seek a cash reward. joining the panel is ian miller, john allen and former congresswoman donna edwards back with me. can you read the tea leaves? the court rules against the case once before. do you expect it to be different this time? >> so i think it's likely that the supreme court will eventually strike down sb 8. there was a brief filed by a bunch of gun groups saying if texas can use this weird system to go after abortion rights some state could use the same structure to nullify the second amendment and we don't want that so i think the supreme court will realize this law which is set up in order to avoid judicial review is untenable and has to be a constitution enforced and will strike it down. there's another case being argued in december and asked the supreme court to overrule roe v. wade and they may wait until after roe is off the books or texas the ability to ban abortions to wipe out the law that's sort of banning abortion in a back ward way. >> how do you expect the oral arguments to go tomorrow? can you tell us who the plaintiffs are? >> there are two sets. whole women's health and sues texas state officials including a texas state judge and the reason is really important. normally if you want to sue a state you are not allowed to sue the state directly. it is not v. texas. you have to sue the state official. there is no texas state official to be sued. so the judge is the right defendant here. >> interesting. >> and if that suit doesn't work there's a separate suit where the united states is suing texas directly and complications if the united states is allowed to do that but the u.s. is allowed to sue a state directly in a way that private parties are not. >> interesting. let's zero in on the three justices for a moment. what challenges are they facing? could one be a swing vote in this particular case do you think? >> we saw roberts already once join with the liberal justices with regard to texas on the losing side so roberts raised questions about basically what's at irs issue here. gun groups are upset and voting rights groups. if vigilants try to stop people from voting is problematic. we see that roberts. konecny-barrett is somebody who has very much been on the pro life side and i think she is seen as an anti-abortion justice and likely to side with alito on the court and swing voter is kavanaugh. for those that want to see the law struck down they have to rely on him to swing with roberts and roberts stays where he is. kavanaugh voted with roberts. there's an indication for him to be chief justice himself. >> donna, my question is similar to the brickyarder conversation around the voting rights act. is roe versus wade in danger here? how concerned should people be? the point is that the supreme court gutted the voting rights act by removing the preclearance procedure if you will or provision within the voting rights and seen what that's done in this country. could what we see play out with this texas if not overturn roe v. wade gut the protection for women and the template for other states to pretty much again not officially overturn but render it null? >> i think certainly the two texas cases that if the supreme court were to allow them to stand we have already seen other starts begin to look at ways to replicate what's been done in texas to avoid the constitutional question, as a way do get around the courts, if you will. so i do think that should the supreme court end up allowing the texas statute to remain in place then it is the drip, drip, drip. in texas it is essentially stopped 85% to 90% of abortions provided. women in texas are going to other states to seek their abortions. so it effectively shuts it down why if states do that, especially those that surround texas it could have a devastating impact, whether or not roe is actually gotten rid of. >> in december, as well, according to ian when that comes up specifically. >> that's right. the mississippi case is different. >> ian, let's get your thoughts on a few other cases. the supreme court expected to hear a case of a major second amendment question. torture that we follow closely. what does it tell us that they are expediting the cases all at once? should we read into this? is it a standard practice for the court? >> no. this is going to be an unusually busy term and a term that has a whole lot of very profile cases. there are now three major abortion cases argued this term a big second amendment case. there's a huge case that they just granted to gut the epa's power. >> yes. >> yeah. so there's -- you normally see this many big issues line up and the court is more conservative than it's been since the beginning of the roosevelt administration. they're impatient to get things through the court. they have been waiting their lives to move the law to the right as they have the votes to do and i don't think they want to wait. i think they want do get as much done as possible and see it from the cases this term that they're eeg every to revolutionize the law very quickly. >> you have that happening in realtime and you have the presidential commission to study the supreme court not putting forth any recommendations to prevent that from happening. ian, jonathan, donna edwards, thank you. coming up in this week's that's what they said, aoc dresses down oil executives as scientists say we are at a code red for climate. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. there is no place like home y'all! mand these peoplete know that there is no place like wayfair. i never thought i'd buy a pink velvet sofa, but when i saw it, i was like 'ah'. and then i sat on it, and i was like 'ooh'. ooh! stylish and napable. okay now. i can relate to this one. i'm a working mom with three boys. 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>> as you said, the g-20 summit was lackluster. the word i was thinking of was unremarkable. perhaps when planning the cop26 summit, perhaps timing it right after the g-20 was done by design. that's what i imagine being on the other side. these things are not by coincidence. the problem is they've kind of set the tone, if you have the largest economies and they come with the biggest polluters, and john kerry is really trying to convince countries to agree to a number of commitments, five of them in particular related to coal and methane and carbon cutting. it just feels, i'm a little disappointed going into this, and that's not a fun place to be in at the beginning of a summit. >> you brought up an interesting point about those attending the meeting. what does it mean for leaders like china and russia have chosen not to show up. is there any reason to have meaningful discussions about climate change with you have some of the largest pollute ers not at the table. >> i remember when cop21 happened, and it was a big deal. i get that it was in the middle of a pandemic. and i know the chinese in particular view the pandemic in a ditch different light when it to traveling. but president biden was, you know, he didn't try to flub those words when he said that it felt like china just didn't show up, right, or russia didn't show up. and the russians just announced that they didn't feel that they would meet their commitments by 2050. they'd like to extend it to 2060. when you have countries already starting to do that, and meanwhile, the serious repercussions we are already seeing from climate change, we should have been doing this yesterday. it makes it feel as though there isn't going to be a lot happening here. i'm worried that these next two weeks are going to be a lot of talk, a lot of show. even at the g-20, agreements that they did make are things that president biden will have to push through congress here. and given how things are domestically, that's not exactly a shoo in. >> he met with turkey's president erdogan, they talked about turkey's purchases of a missile system. did biden take a strong enough stance on this? do you feel that he is, on the foreign policy issue, when it comes to these things that have been festering for many years now, are they front and center in the biden administration? >> this is a tough one, because, listen. i was very excited the biden administration came in when they said they would keep human rights as top priority of foreign policy. and i do think they've made a step toward that. they could be bert about iran, we'll talk about that later. with turkey, they weren't afraid to call out, you know, tweet certain, lack of democracy and lack of reforms in turkey and certainly detain political prisoners. this meeting is fascinating, because it comes right after this kerr fluffle that you had in turkey. ten wrote a letter, signed a letter calling on them to release a man from prison. and basically, the turkish president erdogan had a meltdown. and he wanted to declare those ten ambassadors persona none non grata. yes, the u.s. spoke out. but then he, he threw a fit, like a toddler, which you can appreciate, and then we walk, you know, nothing happened. we kind of smoothed things out. and cabala remains in prison. >> we out of time. we're going to save iran for once those negotiations, if they resume, get back under way. we'll invite you back. thank you as always. great pleasure. thank you for making time for us this evening. can you catch ayman. be sure to follow me on twitter. but until we meet again, goodnight. but until we meet again, goodnight. ♪♪ we believe everyone deserves to live better. and just being sustainable isn't enough. our future depends on regeneration. that's why we're working to not only protect our planet, but restore, renew, and replenish it. so we can all live better tomorrow. ♪♪ my dvt blood clot left me with questions... was another around the corner? 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