impact the national debt and challenging the house to vote now on the bipartisan infrastructure. the new scramble, the meeting overseas and any chance for a vote, the team standing by. we also have senator mark warner here to talk about it all. also this hour, the supreme court seeming skeptical about that strict abortion law in texas. the justice is wrapping up nearly three hours of oral arguments. here live this hour, the president and ceo of whole women's health, amy hagstrom miller in her first interview since those arguments ended. and the race in virginia. the new governor coming down to the wire. what the candidates' movements are telling us about who is ahead and who is behind. starting with that big news on capitol hill, bringing in correspondent leigh ann caldwell and john bresnahan. leigh ann, what does this do for the vote that was or is planned for tomorrow in the house? >> reporter: this timing was really shocking to house democrats and the senate as well. joe manchin hasn't been saying anything new than he has been in the last couple months, but just as these negotiations are so close to wrapping up is really causing a lot of confusion on capitol hill, especially as the house is hoping to vote on the infrastructure bill and this $1.75 trillion safety net and climate change bill as early as this week. now, as far as specifics are concerned, senator manchin said that he needs some more assurances before he's ready to move forward. listen to what he said in this press conference just moments ago. >> simply put, i will not support a bill that is this consequential without thoroughly understanding the impact that it will have on our national debt, our economy, and most importantly, all of our american people. >> reporter: in english, what it seems like he wants is he wants an official score of how much this bill costs and how it is going to be paid for before he's willing to vote on anything that would come through the congressional budget office. but the cbo can't score this legislation until all the legislative text is done, but that is expected to happen. they are expected to get a cbo score, so, you know, big picture here is this press conference came after a weekend of negotiations to finalize this legislation when they are getting much closer to it. progressives huddled in a virtual meeting yesterday coming away from that meeting. sources tell me they're not going to get a public commitment from senator manchin and senator sinema, but they realize they are operating in good faith and they were going to trust the process and trust the president in order to get those votes. so progressives were taking this turn, allowing these votes to take place, but with senator manchin's press conference today, that really complicates things, joe. >> john, let's talk more about that. all reporting indicates the house was closer to a deal than ever before, so what does the timing say to you? how much of a wrench does this throw into the whole process? >> i also think if you listen to senator manchin's statement, he was doing what they call chill games. not only timing, i still don't think he's that close on content. the house was supposed to be out. they were going to vote on legislation this week. vote on the build back better act, the infrastructure and the reconciliation framework, then they were supposed to be out. their members are going to -- a number of members are going to scotland for the climate change talks. i don't know if that schedule is still operative at this point. i would think if you were the democrats, you would look at maybe keeping the house in session next week. they've got to get this done, because assuming the house passes it, it still has to go to the senate where it could change the legislation and then you could bring it back to the house for another vote. we're already looking at like a thanksgiving vote if it happened this week. if it doesn't, it's going to push it into december. time is not on the democrats' side here. they need to get moving. >> leigh ann, perhaps adding to the confusion here, congresswoman jayapal just said, she's the head of the probable cause -- progressive caucus, the house is still planning to vote in the next couple days. is that even possible if manchin isn't on board? >> that's a big sign from senator jayapal that she's still going to urge her progressives to move forward in this process. it was the progressives who wanted senator manchin's public commitment before they were willing to provide the votes for both these pieces of legislation. if representative jayapal is going to put senator manchin's comments aside, go with the thought that he is operating in good faith and that he will actually vote for something, that is pretty big, and that means that this schedule of them voting this week could, in fact, happen. we just got a statement from the white house saying they are confident that senator manchin will support this legislation, so, you know, leadership and jayapal who controls a lot of votes and the president are seeming to be working furiously to make sure that senator manchin is on board in order to stick to this timeline to have the votes this week. >> leigh ann caldwell and john bresnahan, thank you for helping us figure out this big bill on capitol hill. this senator serves on the budget committee. let's get a feeling of what we just heard an hour ago. joe manchin wants to see how much larger the social spending bill will add to the nation's debt. is that a possibility, or do you think both bills still need to go together? >> first of all, i didn't hear anything new from joe manchin today. he's my friend. i've been working with him as well to try to get him to that yes. i think he will get there. i got to tell you, as somebody who wished we would have g gone ahead and voted on the bipartisan infrastructure bill, i think we could have given the president a big win in virginia where we've gotten a gubernatorial bill. that would have helped terry mcauliffe a lot if we would have been able to notch that win. i understand the reconciliation bill has a lot of complexity to it. we have to get a lot of the details right. i think manchin and sinema are working in good faith, and the sooner we can put some points on the board for the president, and frankly, for demonstrating our ability to govern, the better. >> but do you need manchin and sinema to say they are going to support this larger $1.7 trillion bill before you even vote on the bipartisan bill? >> listen, i've already voted on the bipartisan bill. i got 69 votes. it is enormously popular all across the country and takes on not just roads and bridges but takes on resiliency, something i know the president is going to be talking about in glasgow. it takes on $85 billion on moving toward cleaner energy, not as much as it will do in the reconciliation bill. i think the sooner we can get that bill voted on the better. i think both manchin and sinema, they have been obviously intimately involved in the contours of this now bill which is around 7.5 billion. and i think we'll get that done as well. >> how soon do you think you'll vote on the infrastructure bill? progressive jayapal thinks this will be ready in the next couple days, or is that overoptimistic to think it will happen this week? >> the house operates on a different schedule than the senate. i'm not going to predict the house, but if they can put a couple wins on the board this week, all better for all concerned. the bipartisan infrastructure bill gets immediately signed by the president and it becomes the law. even on an accelerated timeline in the house, the senate, because of some of the rules and reconciliation process, that was going to take another couple weeks to get that done. moving the process to the house, throwing it back on the social spending to the president, giving the senate a win on infrastructure, that wouldn't be a bad piece of work for this week. >> you brought up the closely watched governor's race in your state. you were the 69th governor of virginia. now the latest polls show terry mcauliffe and glenn youngkin are really neck and neck. we also see polls that show republicans really managed to turn the narrative around. education is the number one issue among those voting. that's an issue republicans have been pushing hard. and republicans said they're extremely enthusiastic, 49%, compared to 32% of democrats. how much are you worried about this race tomorrow? >> joe, it's going to be tight. again, one of the reasons why i wish a month ago we had already gone ahead and passed the bipartisan infrastructure bill. i've been out there for the democratic ticket. voters voted early because of rules put in place by the general assembly. 1.2 million, if you had told me two or three weeks ago that's where we hit, and those numbers will probably be 67, 68% for mcauliffe, that's a great margin. i'm going to a rally tonight, but it's going to be tight. a year after a presidential election, historically virginia has usually voted against whoever won in the presidency. terry mcauliffe broke that streak in 2013 after he gotie -- elected president obama. i think we will win this election. >> thank you, senator. we appreciate it. the justice is hearing challenges to the texas law that bans all abortions six weeks into pregnancy. some justices appear to express skepticism about the texas law. justice correspondent pete williams was listening to those arguments. we know it can be a fool's errand trying to figure this out. >> that's why you called on me. >> you are our tea leaf expert. does it appear they're moving toward allowing the challenge of the texas law to move forward? >> that's what this case is all about, whether those trials can continue in federal court. this was not about abortion. that will be a month from now in the mississippi case. but there was skepticism from two of the court's conservatives who initially voted twice not to put a ban on the enforcement of the law for now. that's amy coney barrett and kavanaugh. if the texas law was allowed to stand, other states could copy this model and start a whole new constitutional rights. here's how i put it. >> the firearms policy coalition says, quote, this will easily become the model of suppression of other constitutional rights with second amendment rights being the most likely targets, end quote. it could be free speech rights, it could be free exercise of religion rights, it could be second amendment rights. >> and amy coney barrett said she is concerned if texas gets its way, which texas should be allowed to challenge the law in state court and wait until they're sued, she said that may not be enough to allow constitutional rights to get a full review. you put that all together and it does look like the texas law is in trouble, that the supreme court is at least going to lelt -- let the texas lawsuits continue. what's unclear is what becomes of sba's enforcement. none of the justices seemed to have an answer to that today, whether if the court says these lawsuits can continue, the sba suit will be put on hold. i think that is an open question. >> that is why we have pete williams. pete, appreciate it. coming up, we're live on the campaign trail in virginia for the final hours of campaigning in that state's tight race for governor. breaking down msnbc polling. why those numbers may spell out scary news for democrats, next. scary news for democrats, next . wealth is shutting down the office for mike's retirement party. worth is giving the employee who spent half his life with you, the party of a lifetime. wealth is watching your business grow. worth is watching your employees grow with it. principal. for all it's worth. hello? 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-perfect! because we're building a better network every single day. with the very final stretch of that governors' race in virginia with polls set to open in just 17 hours, the challenge between glenn youngkin and terry mcauliffe seems to tighten every hour. it will have big implications for virginia and beyond, next year's midterms and the overall direction of the country. i want to bring in a group following this race from every angle, senior political reporter mark murray, correspondent steve kornacki, and joining us from virginia beach, heidi. heidi, you're speaking to voters in virginia beach. that is a very purple city and this week is a purple state. based on your conversations, what's driving voters there to choose one candidate over another? >> reporter: joe, i just was not surprised at all that the issue of education jumped by nine points in this state. because to a person traversing this main strip here in virginia beach which is a very swingy they're that went for biden, that went for trump, that is what they wanted to talk about. it was the first issue. when i say education, i'm talking specifically about critical race theory and the notion that this is being taught in schools. what does that mean? well, when i asked them, for some of them it was hard to articulate, but essentially it was the notion that white children are being shamed by being taught about our history, our history of slavery in this country, other things that happened in our history. but i want you to take a listen to a mash-up of these conversations, because just as the republicans felt this was happening, the democrats felt that it was all just made up. take a listen. >> i don't like the crt training. those children are not going to get what they need. >> parents do have a big say in education. and this critical race theory is something to me that is ridiculous. >> it's a dog whistle. it's a racist dog whistle. we all know, everybody knows, that critical race theory is not taught in our schools. it's unfortunate that they're using that dog whistle instead of talking about the issues. >> reporter: joe, i did press all of these republican voters on what their evidence was that was being taught, and only one woman said she had evidence, which was that her granddaughter came back and asked if she's bad because she's white. that doesn't speak to specific curriculum. i also spoke moments ago with the head of the virginia gop here in virginia beach, and he said he couldn't give specific examples but the parents are very concerned about some of the contractors who have an agenda coming into schools, and meantime, joe, on the democrats' side, you do hear a lot of concern about just the enthusiasm levels among two key demographics, first suburban women, and second, young african-american voters who are both really critical to the democratic base, joe. >> a lot of these education issues very local. let's go bigger picture here. steve, i understand we have a lot of new polling focused around this race. what are the numbers telling us about virginia and also really just the nation as a whole? >> let's take a look, joe. here's the average of all the polls here on the eve of the election in virginia. you see the most recent polling in this case has been the most favorable youngkin has seen. he actually has a slight edge over terry mcauliffe. it's certainly showing that glenn youngkin, the republican, has a chance to pull this off in a state that went for joe biden by ten points last year. nationally, we talked about this before, whatever party controls the white house has typically struggled the next year, the year after the presidential election in the virginia governors' race. there's only been one exception in the last 4+ decades to the white house party losing the governors' race last year. that last election was terry mcauliffe narrowly back in 2014. joe biden's approval rating sitting at 42% nationally, disapproval well over 50% here. you see the breakdown by party. independent voters, disapproval rating there in the mid-50s. take a look at virginia again. joe biden carried by double digits last year. it's a state that's been trending more and more in the democratic direction, and really, it is a state that during donald trump's presidency made very sort of seismic shifts toward the democratic party, particularly in northern virginia, the suburbs right outside washington, d.c. also a couple suburban counties outside of richmond as well. some really big gains for democrats that were particular to the trump presidency. so one of the big questions when you look at that close race, when you look at the backdrop nationally, the big gains that democrats made particularly in the last five years since donald trump came on the scene in northern virginia in the richmond suburbs. how many of those gains have they locked in? how many of those gains can they hang onto by terry mcauliffe constantly invoking donald trump and trying to attach his name to glenn youngkin. the versus has glenn youngkin working to get back those voters they lost in the trump era. it is also a big question nationally in 2022, because as we look to the midterms battle for the house, there are suburban areas, metropolitan areas all over the country where this same thing happened in the trump era. if republicans can find a way to win back a lot of those voters, it's not just virginia they're going to be talking about winning. >> mark, these numbers all point to one thing, and that is a less than favorable view of the democratic party. is it one issue, a number of issues? what's going on here? >> it is everything right now, joe. of course, steve was breaking down the numbers from our poll, and when i look back over the history of our poll, you have to go back to the 2014 cycle to actually see just how rough it is for democrats right now. even the 2010 numbers that democrats faced when democrats ended up losing the house but keeping ahold of the senate was a better overall situation when you look at the president's job rating, when you look at attitudes about whether the country is on the right track, when you look at the president's economic handling. this is very, very tough headwinds for the democratic party, and joe, it is worth noting the last six years i've been covering this virginia governors' race, they're always strong national winds that are blowing. a lot of it just have has to do with the proximity of virginia to washington, d.c. terry mcauliffe, what he has on his side could be the race. you have more democratic voters than trump voters. but you have glenn youngkin with momentum on his side as we've seen in every four-year cycle where the party that is out of power seems to be a whole lot more motivated than the party that is in power. >> thank you all. appreciate it. msnbc's exclusive reporting just out minutes ago. why some gun dealers are using right wing code to sell ammo in other parts. first we'll hear from the abortion provider in texas for the first supreme court ruling today. >> will you marry me? 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are they as optimistic as who we've been talking to who seem to think the court will come down on your side? >> i am optimistic. i have to say the optimism is couched in the tragedy of these 62 days that we've had this abortion ban in full effect in texas for over two months. finally, we had the justices take up the case and listen to the arguments, and i think there is some optimism because of some of the questions from the justices led us to believe that the justices are really taking a look at finding some relief. >> this is a conservative court which meant you had to find conservative justices. brett kavanaugh, amy coney barrett, both trump appointees. did that surprise you at all and how do you feel going forward in your challenge? >> i was standing outside the court, the court has limited access because of the pandemic. i was standing outside in court and the hearing. i think many were encouraged by the line of questioning and following justice kavanaugh, the other justices. this law is written in a very convoluted way and it threatens to block thousands of people to their reproductive rights in a staflt. this is important today and i hope the ruling comes back in our favor. >> for you in the meantime, what happens to your clinics in texas? >> we need to get an injunction that can block this law from going into effect, and that was discussed today in the hearing and i think some action will happen on that, hopefully soon, so we can get relief and we can reopen our care beyond this week's limit to provide the care that texans deserve. >> then what do you do? >> then there is more waiting for people denied abortion. people are traveling outside the state. people are being forced to carry pregnancies against their will. there are a lot of people just waiting and hoping we can get relief. hopefully that can come because they can't wait forever and neither can pregnant people who need access to safe abortion. hopefully we'll get action quickly. >> in an abortion case on sunday, it directly was opposing roe v. wade. what will we be watching for there? >> we're just watching for a court that can recognize progress, that we've had access to abortions for centuries. people in texas should have the same rights as other people in this country do. we're here to secure those rights for for using. >> mary -- up next, two people accused of police brutality stand trial. stick around. accused of police brutality stand trial. stick around up next, two people of police brutality stand trial. stick around. wo people accused of police brutality stand trial. stick around ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ discover card i just got my cashback match is this for real? 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>> reporter: hi there, joe, good afternoon. behind me there is a small group of supporters of jacob blake's family who are closely watching this trial. as you mentioned, jury selection is today. there was a bit of a proceedings early on when the judge in this case began to play a mock game of "jeopardy" with prospective jurors during an unnamed technical delay. now the process is underway and has been playing out through the day. there could be a decision later today but could also be going into tomorrow. >> there was backlash for comments made, right? >> reporter: yeah, just last week, the judge ruled that the people killed by kyle rittenhouse in this case could not be called victims, but they could be called liars or arsonists or looters if the defense was able to provide evidence that prove that claim. now, certainly that was seen as very controversial, and, joe, this is a case being widely seen across the country that really has crystallized the polarization in this country following the last year and a half of protests. rittenhouse is seen by some as a vigilante, by others as a hero. this is a case that will really put the spotlight on second amendment rights, but today the judge impressed to the jurors that they should not focus on that. there are homicide charges as well as others. this case is expected to go, joe, at least two weeks. they started with 100 prospective jurors. they whittled that down to 20, and it will be the 20 to decide this case and eight alternates. >> thank you so much. president biden in glasgow, scotland, pitching his vision for curbing emissions globally. this summit, cop26, is a last-chance effort to fight climate change before it's too late. the president in his speech to foreign leaders echoing that sentiment, all the while, a bill stalling in congress. let's bring in kelly o'donnell who is in scotland. how did the president try to push his vision for a greener future globally? >> reporter: well, joe, the president is talking about these issues for world leaders while at the same time knowing that the american audience back home is listening, and that audience includes the lawmakers who have net to finish his plans over the finish line. they're trying to express american leaders need to fix things, not just fixing things after they've gone wrong, but to try and invest and improve things down the line. the president is putting that on his agenda while things are still questionable back home. he talked about specifics for his agenda. >> this is a chance, in my view, to make a generational investment on our economic resilience and our auto workers and communities around the world. that's what we're going to do in the united states. by build back better framework will make suggestions in the industry, the most severe move in the climate crisis advanced made ever. >> reporter: the president said he believes that plan can pass by the end of this week. we know there were developments the end of today that might rock that a bit, but the president is saying they're still confident they can get it done, and it's that he's trying to leverage. it certainly would have been easier, joe, to already have that pass legislation and signed into law, but he's also talking about other ways the united states can lead. he apologized for the u.s. fighting back, former president trump saying not only with the giant megaphone they have but by working with international partners. the president continues for the next couple of weeks with lots of scientific and expert level skugtsz sthal go on. john? zpz. next we're live in minneapolis where the police department is on the ballot tomorrow. what the ballot measure would actually do and what it would mean for the future of policing there. >> folks really want us to say this is defunding or it's not defunding. the reality is this charter change does neither. s charter change does neither. this is worth. that takes wealth. but this is worth. and that - that's actually worth more than you think. don't open that. wealth is important, and we can help you build it. but it's what you do with it, that makes life worth living. principal. for all it's worth. as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? 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functions which could include licensed peace officers or police officers, if necessary. >> we are about expanding public safety. >> reporter: why for minneapolis collected over 20,000 signatures and overcame legal challenges to get the question to voters. >> this is finally an opportunity for people who get a right relationship with armed police officers and with so many other qualified professionals and resources that we really need. >> the chief of police would report not only to the mayor, but to the board. so i am for it. >> reporter: the police chief and the mayor who himself is on the ballot both oppose the measure. >> it would have the head person of this new department report to 1 different people. when everybody is in charge, nobody is in charge. >> reporter: a sentiment felt by many across the city. >> this amendment is neither necessary nor sufficient. >> reporter: the group all of minneapolis opposes the measure. they are canvassing north side neighborhoods battling surging gun violence. >> they want to see transformational change to public safety but at the same time they want more, better police. this amendment sets the stage for defunding the police. >> folks want to us say whether this is defunding or not. the reality is this charter on its face does neither. >> reporter: didn't it get on the ballot because of that energy, those calls to defund the police? >> it got on the ballot because people were ready to hold police officers accountable. >> reporter: undecided voters struggling with the nuance. >> they going to take the police department away? how we gonna live? >> we need the police. you know, we need them, but we also need at least police reform. >> reporter: maybe wanting reform but now feeling the pressure. all over the country they are watching minnesota, watching minneapolis, and what we are doing. >> reporter: i tell you, i went to a forum, it was a debate with representatives from both sides of the issue and voters were there taking shoets notes. this is something they are studying. some of them saying they are going to wait to make a decision until they reach the voting booths behind me. >> i have been talking with friends and families back home in minnesota where i am from that this is a huge issue on the blt. do we know what the likelihood this amend will be pass is, from polling? >> one question that was asked in polling was the favorability of the police department. you had the majority of voters saying they did not support the -- or viewed the police department unfavorably. then when they asked about this amendment a plurality of voters said they were likely to support this. i will tell you, joe, since that poing that we saw, we have seen a full-scale campaign on both sides. we are talking about a television ad, people going and knocking on doors, the debates that i mentioned that i attended and saw the reaction of members of the community. this is something that people consider a jump ball. that's why people are taking it very seriously and really studying it. >> minnesota's take their voting seriously. shaq brewster thank you very much. thank you for watching this hour of hallie jackson reports. i'm joe fryar. "deadline: white house" starts right after this quick break. ins right after this quick break jus. that's why doctors recommend tylenol®. it won't raise blood pressure the way that advil® aleve® or motrin® sometimes can. for trusted relief, trust tylenol®. that advil® aleve® or motrin® sometimes can. you need an ecolab scientific clean here. and you need it here. and here. and here. which is why the scientific expertise that helps operating rooms stay clean is now helping the places you go every day too. seek a commitment to clean. look for the ecolab science certified seal. to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. theo is saving big holiday shopping at amazon. so now, he's free to become, butthoughtful theo.... and he's got a gift for everyone. so thoughtful. growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. every single day, we're all getting a little bit better. we're better cooks... better neighbors... hi. i've got this until you get back. better parents... and better friends. no! no! that's why comcast works around the clock constantly improving america's largest gig-speed broadband network. and just doubled the capacity here. how do things look on your end? -perfect! because we're building a better network every single day. hi there, everyone. it's 4:00 in new york. the warnings were blinking red. that's how the "washington post" n a mammoth new investigation into the january 6th insurrection describes the scope of the intelligence about violent threats to the u.s. capitol on the day the election was to be certified, a threat level described as unprecedented, but the warnings went ignored. the massive new reporting by the "washington post" likely to go down in history as one of the definitive records of the attack is based on interviews of more than 230 people and thousands of pages of court documents and internal law enforcement reports, along with hundreds of videos, photographs, and audio recordings. it is bursting with brand-new information that could inform the congressional investigation into donald trump's role in the insurrection. we will take you through all of it starting with this. alarming realize igs from mark cena, commander of the intelligence office for homeland security in northern california. from the new reporting, quote n the 20 years since the country had created fusion centers in response to the attacks of 9/11, cena couldn't remember a moment like this. for the first time, from coast to coast, the

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