blinking red. the hour, date, and location of concern was the same. 1:00 p.m., the u.s. capitol, january 6th. the post goes into detail about the nature of and the specificity of many of the threats posted openly, on line, for everyone to see n the days, weeks, and months, before the mob of donald trump supporters descended on the u.s. capitol. quote, please be in d.c. armed on january 6th read an online post highlighted in an fbi memo shared with capitol police and law enforcement. quite, you might have to kill the palace guards. are you okay with that? read one comment. another said, quote, drop a handful. the rest will flee. another warning that the post calls one of the most striking flares, quote, trump supporters were discussing on line how to sneak guns into washington to, quote, overrun police and arrest members of congress in january. that's according to internal bureau documents obtained by the "washington post." the stipulatester offered specifics. those planning violence believed they had, quote, orders from the president. orders from the president. they used code words, such as pick ax to describe guns, and posted the times and locations of four spots around the country for caravans to meet the day before. on one site they specifically mention senator myth romney as a target. it makes clear what members of congress have been saying for months now, john 6th was no intelligence failure, but a failure to respond to the abundant intelligence available. pras most significant in the findings of the "washington post" investigation is when it comes to assigning protection -- quote, during the 187 minutes that trump stood by, harrowing scenes of violence played out in and around the capitol. 25 minutes into trump's silence a news photographer was dragged down a a flight of stairs and thrown over a wall. 52 minutes into trump's silence, a police officer was kicked in the chest and surrounded by a mob. within the first hour, two rioters dyed as a result of cardiac events. 64 minutes in, a rioter paraded a confederate battle flag through the capitol. 73 minutes in, another police officer was sprayed in the face with chemicals. 78 minutes in, yet another police officer was assaulted with a flag pole. 93 minutes in, another news photographer was surrounded, pushed down and robbed of his camera. 94 minutes in a rioter was shot and killed. and on and on and on, played out on live tv as donald trump, then the president of the united states of america, then commander in chief, from whom the mob believed they were receiving their marching orders, watched, looked on, stayed silent. that is where we start today. carol leonning is here. she worked on this reporting. also, former assistant director for a county intelligence at the fbi, frank figluzzi, and jason johnson. all three are msnbc contributors. carolyn, how did this come to be? i didn't know this was coming. it was surprise when i saw it start to seep out over the weekend. talk about the effort. >> you know, nicole, thanks for proving that we were able to keep this a secret for a while, which is a reporter dream. you want the news forever, when you finally break it, you scoop it. we view this as an intensive effort and public service. it came to be because an editor that i work for believed that there was just a fleury of questions that were never going to be answered. at the time that we began this and launched on this multiperson project 75 reporters strong, congress had decided essentially that they weren't going to investigate january 6th. republicans were balking. republican leadership was saying they refused to give subpoena power or agreed to sign off on this investigation. and our editors all agreed we should launch. all the reporters -- i remember getting the call, would you be willing to work on this? i remember being elated we were going to spend this kind of energy and time digging into what happened before, during, and after. and that was a great idea of our national editor, steven ginsburg, to break this into three parts. i mostly focused on the before, which we found so shocking because, remember, we think we are good reporters. we think we report a lot of good information in real time or close to the time. we unveiled a lot of things in january about what happened before that terrible storming of the capitol. and our icon of democracy. what we learned was so much worse, nicole. it was essentially that there were a ton, a ton of warnings in plain sight telling everybody exactly what these protesters planned to do. i mean, down to bring secure communications, because when this atook, which is likely to unfold, we are going to need to have a secure way to communicate and not get caught. down to bring your weapon asks break them into these pieces so d.c. police can't stop you at the borders and you will be able to get your weapons inside. down to the chilling part that he just read which i remember when we found it on december 17th, the fbi gets a tipster call who warns them, there is chatter on this extremist site that's pro donald trump. and they are saying, let's kill these cops around congress on january 6:h 6th. come armed. these people are, quote, unquote, chicken blank. we will drop a few of the palace guards, and the rest will flee. >> frank, what is the normal reaction from the fbi when a plan to kill cops is unearthed on websites? >> yeah, first, kudos to the post for what is a shining example of what solid investigative journalism is and what it can do for a society. a couple of thoughts. there is a lot to unpack here. first -- i am going to get on my soapbox here about the lack of domestic terrorism law in this country. there is a blindness that has almost become a willful blindness in federal law enforcement when it comes the seeing ourselves as the threat, seeing white folks that aligned with the president in power as a real threat. what we keep hearing from our fbi director christopher wray, he keeps repeating the man at that that the fbi did you want investigate ideology, it investigates violence. the second thing we keep hearing from the fbi and federal law enforcement is it is hard to distinguish between the aspirational and those would are truly planning to execute. here's what that report does for those two statements. it causes those two statements to really seem weak. here's why. plans to kill cops, repeated discussions about how to do it, how to breach security, how to travel there, what we might have to do or not -- that's not aspirational anymore. there is too many people saying it with too much specificity. secondly, with regard to the very valid concern that we never want an fbi who violates constitutional rights to free speech and to assembly and to free thought, again, we see in this report that we are way beyond that here. the local fusion centers were seeing it, were raising the flags, right? and yet, as it goes up the chain, if it even went all the way to fbi headquarters, it was seemingly being discounted, ignored. this is why we need the january 6th select committee, to look at exactly what's happened here, so that it doesn't happen again. and when people like konz leeza rice say america wants to move on, i say, we didn't move on after 9/11. we investigated the root causes, and we fixed them. we created a department of homeland security. we put cia and fbi under one roof in a counter-terrorism center in northern virginia. we can move on from this until we find out why it happened and we prevent it from happening again. >> frank, there is so much to unpack from your effort to unpack it. we still take off our fricking shoes because one of the. boers was a shoe bomber. i want to put the pictures back up of the insurrection that played out. with the minutes of donald trump's inaction, i think, beg us to probe more is why didn't anybody do anything for the hours that looked more like a tailgate than a crime scene? >> yeah, for those on the trump defense team who are fighting the select committee's efforts to get their hands on his communications and what happened that day and leading up to that day, here's the issue. right? if you claim there is no legislative purpose, no legitimate investigative purpose here -- we've got three hours of inaction. and what happened in that oval office, how many calls did he get telling him, sir, you need to stop these people. it's out of control, you can't do this? how many before january 6th when they said even your rally speech is going to be problematic? we need to know it gets to his mindset and actually gets to the possibility of criminal intent here. that's why this is so important. >> i am going to read from the "washington post" reporting about donald trump in one second but i need to i about you in, jason, on this. what the post unearthed are two draft tweets from jason miller. jason miller wanted trump to send this, quote, bad apples like antifa or other crazed leftists infiltrated today's peaceful protest over the fraudulent vote count. violence is never acceptable. maga supporters embrace our police, the rule of law and should leave the capitol now. he also dropped this tweet for trump to drop. this isn't who we are. our people should head home and let the criminals suffer the consequences. >> jason, i mean, there is so much. one, this is exactly who they are. this is exactly who they want to be. this is exactly who they are still defending. what do you make of these tweets? >> so, one, i'm going to join in the chorus, this is fantastic reporting, and then i am going to say something else, which is, it is disturbing to me as an american citizen. it's disturbing to me as somebody who was there in d.c. on this day this happened who was used to being able to go to that part of town. it is disturbing to me that some of the most damning and searing and important information we are finding out about that attack isn't coming from congress. it is coming from rolling stone and the "washington post." and that concerns me because it speaks to what frank is talking about. there seems to be -- i am not saying the fbi isn't working. i am not saying the administration doesn't wear. but it seems that the alarm bells about this are not coming from our government. it seems like this administration has the fierce urgency of next week, right, when it comes to these sorts of things. i mean, they say they are looking into it. they say they are talking about it. but we are not hearing how dangerous this is from the people who are supposed to protect us. that's the first thing, nicole, that strikes me about this. the other thing is this. what it speaks to is not just how vast these organizations are. think about any party, a bachelor party weekend or wedding or something else like that. only about 20% of the people who signed up for wedding actually show. all sorts of other people disappear. we have a network of individuals who may have not been able to get a flight that week. we have a vast network of people who helped the individuals who did attack our capitol who are still out there. that is what struck me about reading this report, that the network of individuals who are still working at cvs, working at construction sites, working in law firms, they are sitting there ploing and planning knowing oh, my gosh, i didn't go on this trip but the next trip to the capitol i am going to be more prepared. >> carol, i would say the person who went to the hill moore than anybody else after 9/11 was robert mueller, and next to him, james tenet. democrats control the administration, the house and the senate. it is alarming when you read what you as journalists have put together and none of this has been prevented really in jeff sight committees. where is the oversight testimony that establishes some of what you establish in this piece? >> you know, i'm trying to be hopeful that the committee will be -- >> it's coming? >> well, i mean, they have a little bit more power than we do in one respect. they have subpoena power, which we don't. and there are still, honestly, i mean it kills me to say it, there are still unanswered questions, even after all of these reporters' work, after all the tireless effort. i would say jason i appreciate exactly what you are pointing out. but i think it is fair to deduce now after all of this work that the system isn't working. nicole you are a hardened veteran of this moment, frank, you too, in the sense of post 9/11 we have an enormous architecture, a huge architecture that is supposed to get left of bang. that is code for we are going to disrupt things before they happen. here were a million opportunities to get left of bang. and our apparatus failed. and that could have been willing. that could have been intentional that could have been fear. that could have been seeing white instead of black and brown. you know, we don't know every element of this, but we know it's a failure because as frank and you too actually josh point out this aspirational element, it wasn't aspirational. everything they said they were going to do, they did. >> right. care, i want the read from the reporting about donald trump's role because i think we all cover this will they or won't they subpoena donald trump. what you were able to report on is certainly a road map. trump watched the attack play out on television and resisted acting neither to coordinate a federal respond nor to struck hiss supporters to disperse. he all but abdicated his responsibilities as commandeder in chief. his make america great again army was on the march just as he commanded at the rally. the president directed his followers to head to the capitol in a forceful show of quote pride and boldness to overturn the results of an action he falsely claimed were rigged. they were literally fighting to keep power. given what is happening on the other end of pennsylvania avenue. pelosi and schumer called rosen to ask him to send reinforcements. call the president, schumer yelled at rosen, tell him to call off his people, tell him to tweet that they have to stop this. rosen, who barely survived an attempt by trump to fire him considered schumer's suggestion impractical. what? rosen spoke to white house officials that day, including cipollony, but never to the president. >> that encapsulates the problem. everyone with a scrap of honor in them was scared bleepless that they didn't do anything. that rosen didn't call trump after schumer called him is to me one of the most stunning revelations? i am glad you hammer in on that one, nicole, because it is echoed over and over again. right? rosen thought it was impractical. which really means he thought that calling was going to get nothing done. he was going to get roared at and achieve nothing. there's a reason why chris wray, the fbi director, seemed to have his head down during a lot of this experience. nobody -- nobody was willing to tell the emperor -- well, i take that back. nobody believed that telling the emperor of got to stop this was going to have a really solid chance of success. meanwhile at the white house, people who were very close to the president were begging mark meadows, get the president to stop this. people were begging ivanka trump to get your father to stop this. those were also impractical. they were not successful. >> i want to read for you, frank, a little bit more of what the reporting fleshes out about the disconnect between the intelligence and law enforcement response. capitol police director of intelligence jack donahue and july farman made a grim prediction in their final report that january 6th would be more dangerous to the capitol than the rallies in november and december. congress itself is the target, they conclude. but the key analysis was tucked at the bottom of page 13 of a 15-page report. how is that possible, frank? >> there are so many unanswered questions here. one thing that jumped out me related to this is the d.c. -- the washington, d.c. intelligence fusion center actually suggested to area hospitals that they stock up their blood banks. >> for a mass casualty event, yeah. >> that is a screaming -- yeah, for a possible mass casualty event. so the disconnect there up to the feds, dhs, fbi headquarters, et cetera, has got to be parsed out and examined. and whether there are needed changes to domestic operating guidelines -- i can tell you, in my persons in the fbi we spent much more time training and learning and being tested on, throughout our careers, the things we could not do domestically because, god forbid, we violated constitutional rights. and we don't want an fbi that does that. but we never trained enough on, hey, here are the scenarios that will allow to you open an assessment, a threat assessment, a preliminary inquiry and take a look. so the huge irony that we could be looking at here in part is that in an effort to not vie light anybody's constitutional rights we actually permitted an insurrection that would have taken down our democracy, the peaceful transfer of power. that needs to get fixed. that's why there is value in the select ku because we have got to fix it just like we did after 9/11. >> jason, i want to come back to your earlier point. the fact that it all rests on a select committee that is valiant in its am beings but endangered. i mean its republican members are literally being run out of the body in which they serve, the committee in which they serve. kinzinger thinks the committee will be killed if republicans prevail in the mid terms. i want to come back to what you are getting at. i mean, why isn't all the work of the 1/6 committee, the committee that shouldn't even have had to be as a commission, established by congress? >> yeah, nicole, you are right. it shouldn't all be on the 1/6 commission. you should also be on the department of justice. why isn't garland scream being this every day, the president screaming about it every day, at least from a symbolic standpoint? before we get into the specifics, this is also -- in a larger macro political sense this is also where biden's numbers are where they are. those who voted for him, those who believe in democracy, in this country, including people who didn't vote for biden but are not insurrectional terrorists, they fell like they got punched in the face on january 6th. they want a president who is going to fight back, they want a president who talks about these terrorists the same way we heard bill clinton and gorge bush talk terrorism for 20 years. it seems like they are being treated with kid gloves in a lone committee that has limited power that's hamstrung by basically a bunch of benedict arnolds on the republican party is not going to be enough to keep us safe. there is nothing right now other than perhaps the lone efforts of a couple capitol plefrs there is nothing against josh hawley taking the chains off the back door and letting people sneak in like a high school shooter. that's why people are legitimately concerned. i will close with this. as frank points out, people were concerned about constitutional rights. no. they were concerned about getting fired. i don't hear anybody getting that concerned about constitutional rights when they are knocking black people's heads up against the wall when they are fighting for rights and justice. let's be clear why law enforcement doesn't get as serious about this as when they were fighting protesters all last summer. there is no doubt that if that crowd didn't have non-black people, they would fought against them just like they had fought for the last summer. >> i said this. if you changed the religion of those breaching the doors of the capitol to islam this would not have been treated like this. we need to have a domestic terrorism law that lets us treat a threat like a threat regardless of where it is coming from. >> lastly -- go ahead, carol. >> i was going add one more thing. i completely agree with jason and frank. i totally do. i know why they are concerned about the race. just as frightening to me is the fact that months before, the fbi disrupt an almost identical attempt to kidnap a governor with the same on line chatter. those people were white. east those people fell into a domestic extremism world. just as frightening to me is they ignored this one when they obviously knew the cookbook, the playbook for disrupting something serious and extremist and homegrown. and so 100% with you on the systemic chronic issues. but fearful, honestly, that something even worse wasn't spotted and taken seriously. >> and just to sort of close jason's political loop, the one modern example of midterm politics defying the terrible history that a president's party lose inside the mid terms is, you all know, 2002, when the president in office spent every day -- again, the policy choices will be debate until the end of time. >> right. >> but that presidency became about understanding who attacks us on 9/11 and making sure they paid a price and could not attack us again. i think we have to put a pin in that political analysis, jason johnson. but as usual i think you may be on to something. thank you so much for starting us on. carol and jason will stick around. when we come back, more on the pressure campaign against then vice president mike pens to toss out the votes, the will of the american people. new emails and interviews show how hard trump's attorney, coup plotter john eastman who faces a subpoena this week worked to spin a web of lies in order to support trump's bid to overthrow the election. plus, tomorrow election day. we will preview the big race that has understandably attracted the most national attention, where this razor thin virginia governor's contest stands, now just hours away. later in the program, the texas abortion law, the most restrictive in the nation, in front of the united states supreme court today surprising many hinting that abortion providers might be allowed to challenge the law. we will have the very latest on this historic day at the supreme court. all those stories and more when "deadline: white house" continues after a quick break. don't go anywhere today. go anyw. ♪ ♪ 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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>> there is a thing about eastman that is hard to explain and debind. but it is like talking -- when you talk to him, talking to someone that is really on a different planet and speaks a different language. he really believe has the election, there was massive voter fraud. he has dedicated himself to trying to uncover this in the aftermath here either through suits that he is bringing or following up on investigative tips. he told me he wanted to write a book about this. he really -- and even after we ran the story, you know was, you know -- you know, was angry or disappointed at us for not acknowledging the fraud claims, and for the fact that the fraud that -- you know, we say there was no widespread fraud that changed the election. that's how he sees the world. and it's a very different thing than i have really ever found in my reporting because it's such a different type of reality. and here's someone who is a college professor, someone who had been seen in conservative legal circles as an expert in different parts of constitutional law, and has just a completely fundamentally different view of the world than i guess most of the people on this show. >> welling carol, the reporting that developed over the weekend suggested he had fundamentally different versions of the truth from the vice president. i want to read more from the unpublished op ed. eastman and giuliani were part of a cad ray of lawyers who quote spun a web of lie asks disinformation in an attempt to pressure pence to betray his oath of office and the constitution. now that the moment of immediate crisis is passed, you this very examine whether the attorneys involved should be disciplined for using their credentials to sell stream of snake oil to the most powerful office in the world. jacob is calling out exactly what mike is describing. you walk into the trump oval office with degree and you could sell donald trump anything. >> i hope i don't butcher this media for, but it's like chicken or egg. snake oil or snake. you know, was eastman giving trump the snake oil that he demanded? did he catch the trump fever of like believing there was a fraud because the president was summoning him and listening to him? it's hard to know. but i think what's really striking that he focus on here nicole is that eastman's view of reality was divorced from reality when it came to january 6th. he's sending an email to a legal adviser to the vice president about the viability of whether or not pence can dessert phi -- de certify the election while the vice president is in hiding, he has a team of secret service agents who are begging them to please let them get the heck out of dodge through a back door so they can save his life. it is a strange time to be sending an email saying you should have allowed for a public airing of this legal matter. >> mike, i want to show you something adam kinzinger said about basically the fact that he and liz cheney stand alone at calling out folks like eastman. >> it is not really handing a win as much to trump as it is to the cancerous kind of lie and conspiracy not just wing anymore but mainstream argument of the rupp party. this is not on the ten of us that voted to impeach. it is not on liz chainy and i to save the republican party. it is on the 190 republicans who haven't said a dang word about it and they put their head in the sand and hope shb else comes along and does something. >> adam kinzinger could have been jim comey after he was fired, could have been don mcgahn after we learned he was listened to. could have been any one of the republicans who sort of stared at that blockade of zombie republicans who in the old days had no qualms calling out george bush or john mccain but continue not to do that to this day when it comes the donald trump. >> we talk about how he has the party in a way in his pocket more so than any other point. probably more so than when he was president of the united states and the way they have fallen into line with his wantings. even though he doesn't have his rallies on mainstream television and that he is called out for his lies that has not changed anything about how the base, the republican base, views him. and kinzinger and how his political career ended in the past few days is just the most recent stark example of that. the jeff flakes of the world are long gone. they are now ambassadors for joe biden. >> for joe biden, yeah. >> and trump continues to move on in a way that is -- you know, it's incredibly profound. and more grave today than i ever thought it would be. >> especially after costing them control of the house and the senate and the presidency. it's amazing. mike schmidt, carol leonning, thank you so much for being part of our conference. tomorrow voters in virginia will learn who their new governor will be. how will the last few weeks of culture war messaging and the presence of donald trump affect turnout in after a quick break. turnout in after a quick break we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger. since taking prevagen, my memory has gotten better and it's like the puzzle pieces have all been [click] put together. prevagen. healthier brain. better life. i booked our hotel on kayak. it's flexible if we need to cancel. cancel. i haven't left the house in a year. nothing will stop me from vacation. no canceling. flexible cancellation. kayak. search one and done. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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( abbot sonic ) virginians bushing back on this culture, that culture that wants us to shelf hope, that tells our children they have to accept low standards, this culture that tells us we in fact can't dream big dreams. no. this is a moment for virginians to push back on this left liberal progressive agenda and take our commonwealth back. >> what bothers me to my core is what this man is doing. he's dividing parents against parents, parents against school boards. he's using your children as political pawns in his campaign. it is a racist dog whistle. folks we are better than that. we will not have that hatred here in the commonwealth of virginia. >> those are the final arguments on the final day of campaigning in virginia. it's a high stakes race for governor with national implications a flurry of new polling combined with reporting on the ground confirm what is many of us suspected for weeks, the contest between democratic candidate terry mcauliffe and republican candidate glen youngkin at this hour is on a knife's edge. younkin on top just barely and well within the margins of error in every poll. this race has put the specter of donald trump up against inflamed worries in virginia over exactly what is taught in cool when it comes the race. "new york times" summarizes it, quote, it was clear in interviews with voters over the weekend many virginians view this election as something same bollicly grayer than a face of between two candidates. there are questions of race, class, privilege, and the appropriate role of government. and it has become an outlet for virginians to register their cyst dissatisfaction with the democratic culture. let's bring in cornell belcher and jason johnson. cornell, what do you think is going on here? >> wow. well, i think there is a lot of variables acting here. but i do think -- look, race has been a great mobilizer and energizer in american politics historically. i think trump brought that home and made it more crystal clear to all of us. you also see what youngkin is doing in virginia is actually part of the trump continuum. his closing ad, nicole, is about the schools in virginia being overall violent and sort of schools, you know, on the teetering on chaos. so it is this sort of scaring about the other and sort of attacking beloved -- toni morrison. it is the same sort of trumpism but -- sort of soft pedal of trumpism trying to gin up a fear of i think aer and emotions particularly among a white base of voters. it is very much what trump did at the end of his campaign where you remember he said if he lost the suburbs were going to be on fire. trying to jen up this fear and anxiousness amongst white suburban voters who have been breaking dmemt the past that they have to win back. if this works it is a blueprint for more of this sort of racial dog whistling but a softer pedaling of it than trump did at the national level though i think it will be routinely rejected by college educated white voters who don't see their schools violent and cray yos breaking out all around them. >> i watched youngkin's event saturday morning i think in old town alexandria, part of the state that broke very heavily for biden. it was a huge crowd. the first thing he said ininto a bull horn or micro horn was on my first day, i will ban critical race theory. why did he say that? does critical race theory need to be banned? is it taught in virginia? >> no, of course not. here's the thing, nicole. this is something i say -- cornell knows this as much, probably better an i do. as a political scientist i pay attention to not just polling but polling questions. whenever i hear people say education has become the issue. it is not education, it is a proxy for people's racial animosities. nobody is freaking out about that. one key thing is think about what we have done over the last year. most people have had children in their house taking virtual classes. at some point when your kid was doing math class at the kitchen table and you heard the teacher say white people are evil? i don't think anybody heard that. unless critical race theory magically appeared after kids went back to class it is a lie. but it is a proxy for people. critical race theory just like the caravan a couple years ago, just like in 2004 with sooy has two mommies and parents were afraid their parents were going to be taught about the lgbtq agenda. all of these things are not new. they are ways to gin up a certain group of people who are always ready to be angry. the issue has been whether or not democrats in the state can done straight whether or not we made you happy. mcauliffe is not the strongest of candidates. i don't know -- i have said clear, i don't know how this race goes. i don't think it will necessarily be something that can be temperatured if youngkin ends up winning because you don't have that many republicans out there who can pretend they are not excruciatingly racist long enough to win a governor race. >> something everyone has accepted, including myself, this race is nationalized. i want to probe that a little bit with both of you if you can stay after a quick break. we'll be right back with jason and cornell. with jason and cornell. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ look! oh my god... oh wow. ♪ i want my daughter riley to know about her ancestors and how important it is to know who you are and to know where you came from. doesn't that look like your papa? that's your great grandfather. it's like opening a whole 'nother world that we did not know existed. ♪ you finally have a face to a name. when you give the gift of ancestry®, you give the gift of family. ♪ people with moderate to severe psoriasis, are rethinking the choices they make like the splash they create the entrance they make, the surprises they initiate. otezla. it's a choice you can make. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. we're back with cornell and jason, two people who know a lot about politics. i want to just push you, cornell, on this idea that it's totally a nationalized referendum on trump insurrection and biden's ability to get his agenda through. it seems to me when we talk to people in the state that there's a little bit more going on here. >> well, there's a lot going on. and, look, there's not one variable, but i will say this, nicole, and my friend jason, is that we use the term bellwether far too often in politics. that said, virginia is kind of a bellwether. and why i say that is off-year elections and you two political hacks know this as well. [ laughter ] these are about getting your turnout and getting your base fired up. youngkin and republicans are crazy like foxes, critical race theory in school, white kids are being taught to sort of self-hate or hate their whiteness. trump in the big lie, your country's being taken away from you, elections are being stolen, you got to take back your country. like youngkin said we got to take back virginia. all of this is aimed at ginning um energy among his republican base. what are democrats giving their base to be energized and we're going to give you bridges and roads maybe? i do think this is sort of a bellwether. throw polling out the window because you remember northam, when he got more votes than anyone in the history of the governor's race of virginia. the polling was about 2%. this is all about what the electorate looks like on election day. and if you tell me that on election day that 22% of the electorate is african-american, that 55, 56% of the electorate is college-educated, if 44, 43% of that electorate is under 145, i'm going to say that democrats did mobilize and terry mcauliffe is going to have a good evening. if those things don't happen, i think you're going to have terry mcauliffe having a difficult evening. but i also think that means something for democrats going into the midterm. if we lose virginia, i'm sorry, it's time to hit the panic button because after virginia it's the deluge. >> and maybe re-examine the priorities. i want to read you this, jason johnson in "politico." last-ditch fight for black votes could swing virginia. every national election since then has proved how critical they are to democratic chances of victory in close races. while some in virginia have taken heart, others str es that black voters are exhausted from the fight against donald trump and frustrated with the lack of progress in washington. we cover the fight for federal voting rights legislation every single day. and do you know what, black swing voters are called in those stories? activists. why are the activists corded in close collection but the activist priorities ignored during the regular course of business? >> i would ask that question of the democratic party as a whole. because that's part of the problem here. black people ain't here to save this country. we have never been regardless of what kind of op eds or questions that people write. that's not what we're here to do. we're here to live and have our lives like everybody else. the entire onus of keeping this country functional is put on a group of people who haven't received 40% of the benefits that this place supposedly has as advertised? but that aside, you can't galvanize any of your constituents 48 hours before an election. you got to have those people excited all along. former president obama's been there, stacey abrams has been there. i know lots of people have been there campaigning. but what this is going to boil down to is not just national issues. it's the feeling within the state that they are moving forward in a popular way. i am actually less concerned about what happens with youngkin and mcauliffe than i am about the fact that the virginia house, the democrats have like a six-seat lead. if they lose the house as well, that is a very dangerous sign for democrats because that means by 2024, because they don't have their next election till 2025, you could see some shenanigans happening when it comes to electoral votes and the presidential election. so that is what i am pay agtension to. can they hold the top of the ticket and can they also hold parts of the house so that you don't have issue when's it comes to the national election. >> what if it's close, mcauliffe wins and youngkin takes a page out of trump's playbook and doesn't concede? cornell? >> oh, that is -- >> go ahead, jason. >> go ahead, jason, you take it. >> that's perfectly possible. >> there's no indication it'll happen, but it's just a new thing to watch and worry about. what do you think, cornell? >> well, look, i do think virginia is a changing state. i'm a virginian, i grew up in norfolk and it was a solidly republican state, but demographic shifts are happening, and that anxiety there that we see nationally is also happening in parts of virginia. look, barack obama lost -- he only got 37% of the white vote there. terry mcauliffe lost white voters there by i think 30 points last time around. so there is this sort of racial angst sort of underlying their estate. but big parts of northern virginia, you know, the counties around richmond as well as down there, these college-educated suburban voters who have been breaking more democrat have been sort of holding virginia up. but i will also sort of change the narrative here. republicans will not have a better chance in the next decade of winning virginia. historically, they're supposed to do well historically now. they're supposed to do really well historically now. all the measurements, all the histories says republicans do well now. if youngkin fails to win virginia, given the sort of different kind of campaign he's tried to run and has tried to walk that thin line, if he loses virginia right now i think is a devastating blow to republicans because they're not going to have a better chance in the next decade of winning this state than they do right now. >> we'll be watching, cornell, jason -- oh, go ahead. >> oh, yeah. i just wanted to add real quick. also because this election is being done with the old census information, by the time the new census information comes up, virginia is completely blue. so cornell's completely right. this is the only chance that republicans are going to have because northern virginia's going to be 70% of the state by the time they do the new numbers. >> you guys have more information than we have time for. we'll have special coverage of election night starting tomorrow at 5:00 p.m. eastern. i will be here with my friends and colleagues rachel maddow, joy reid and steve kornacki. we hope you'll spend the evening with all of us tomorrow. 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constitutional guarantees can not be that fragile, and the supremacy of federal law cannot be that easily subject to manipulation. >> hi, again, everyone. it's 5:00 in new york. a very significant day for the united states supreme court and the future of women's reproductive freedoms in the united states of america today. you just heard u.s. solicitor general arguing before the supreme court against the new law in texas sb-8, that effectively bans all portions in the state. arguing that the law has a chilling effect on abortion providers and that its provision, which you heard there which puts enforcement into the hands of private citizens allows it to escape judicial review. about today's hearings the "new york times" reports this, quote, after almost three hours of lively arguments, the majority of the justices seemed inclined to allow abortion providers, but perhaps not the biden administration, to pursue a challenge to a texas large that has sharply curtailed abortions in the state. that would represent an important shift from a 5-4 ruling in september that allowed the law to go into effect. we have the senior council for the left with an optimistic view. watch. they had concerns about if the broad implications of the state is allowed to nullify a federal right through a scheme like texas sb-8. so we hope to have relief from this court finally awe this law has been in effect for two months now depriving patients across the state from being able to exercise a fundamental right that's been recognized by this court. >> we do not know when the court will rule on these cases. but as he referenced there, questioning by justices, especially two of them, provides some insight into their thinking. quote, two appointees of president donald trump, justices brett kavanaugh and amy coney barrett both aired concerns that texas' abortion ban was designed to abade constitutional law. quote, bottom line on the sb-8 argument is whether we continue to be a rule of law country or whether states can create constructs that deny their citizens constitutional rights but prevent federal court review. predictions, scotus won't permit it even if they reverse roe and dobbs. dobbs of course is the other case on abortion rights that this court is set to here soon exactly one month from today it'll hear a case that wants to ban mississippi cases. an historic day in the fight to protect women's rights to choose an abortion is where we start this hour with some of our favorite reporters and friends. i want to start with you, nancy, and just your reaction to what you heard today. >> well, it was very heartening today that front and center in the supreme court argument was how extreme texas' abortion law is, clearly unconstitutional banning abortion before most women know that their pregnant. but also that the justices really grasped the fact that texas created this law to evade the ability of providers representing women who seek services as well as others from going into court to block it. it really was clear that this was a scheme copy the state of texas to get around the protections we have that when constitutional rights are violated by states that you can go into federal court and have those rights vindicated. so it was really front and center in the argument today. we were heartened to hear the questions from the justices that really put a fine point on this. >> nancy, were you heartened more by the justices' aversion to vigilanteism, which you can sort of pull the thread and say, well, they don't want the right to arms to be banned. or were you heartened by anything you heard on the question of preserving women's reproductive? >> well, of course the issue before the court today, which will be before the court on december 1st in our case against the state of mississippi is whether roe versus wade will be overturned. the question today from the court is can a state violate constitutional rights so blatantly and then try to evade the ability and, frankly, also in state court from getting any relief. and, so, that is a fight we're in for today. we need to get these clinics back in services in texas. they're only being able to provide services under six weeks of pregnancy. and that is before many people know they're pregnant. today's fight is about getting the clinics back open in texas and getting rid of this very pernicious law that can also affect every single constitutional right. it can be used by any state to disagree with a constitutional right that they don't find valid. >> and, kim, it was written as such. i believe the architects of the legal strategy's name is mr. mitchell, and it was written to do just this, to put enforcement in the hands of neighbors to turn uber drivers and lyft drivers, saying that they would protect and defend any of their drivers. to me was a sign of two things. one, that they'll stop at nothing. and, two, the extreme nature of the law was so politically unpalatable even to republicans, even to pro-life folks on the spectrum that, i wonder what you sort of make of the stakes in what you heard today with all that. >> yeah. i think everything that you say is exactly right. it's really about the way or one major issue today was about the way this law was written. and, yes, you make a good point. ff this was a super popular uncontroversial law, then lawmakers wouldn't have to sort of ram it through and wrap it into this judicial review-free packaging in order to pass it. that gives you a clue as to how difficult a piece of legislation it would be and it would incentivize people in other states. and that really seemed to be the argument for the day. they're at the head of the judiciary. they're not going to take very kindly to state lawmakers trying to get crafty and take their say out of the picture in considering the constitutionality of something. but i can't help but remember that this law was allowed by the supreme court to go into effect in the first place while this challenge made its way back to them. that tells me about how they feel on the substance of whether roe v. wade is the law of the land in the face of this law that clearly violates it. but at least for today it seems that the court is really weary of allowing states to take that vigilante route. >> i want to read some more of the reporting to you, julia. but i just want to follow up with you real quick. i think we've learned from watching the justices over the last six to nine months that they hear everything, they watch a lot more news coverage than i would have ever predicted. this is the approval rating of the united states supreme court right now, 40% approve. it's down ten points in september from july. so, since they using the shadow docket let this near total ban in abortions in texas. 85% of all abortions happen after six weeks of pregnancy because most women have no idea they're pregnant at six weeks of pregnancy. the supreme court lost ten points. i wonder if you think that plays into anything from the tone, to the tenor, to anything. >> i'm not sure that polling would move them, but i certainly think they heard the criticism, especially over their increased use of the shadow docket, not just in this case but in a whole host of cases that affected immigrants' rights, and evictions. you saw several justices address it in speeches saying, whoa, whoa, don't call us political, we're not. and now you're seeing this fast track. the fact that a case was taken up and got to argument in a matter of weeks is really very unusual. and that's certainly in response to the shadow docket criticism. so i think the court is listening. i'm not sure if that would affect the substantive rulings, but at least it's changing how they're hearing the cases. >> let's go back to what we heard today from "politico." one of the key arguments the abortion clinics challenging the law put forward when asking the court to strike it down. kavanaugh theorized that a left-leaning state could offer a $1 million bounty against those who sell an assault rifle. there's a loophole that's been exploited here or used here, kavanaugh said. it could be free speech rights, it could be second amendment rights. that is a question we've been posing here for i think since august when this was first allowed to stand. and i wonder, was it a surprise that kavanaugh sort of keyed in on that? >> i mean, i think it is. typically a conservative justice would want to be more conservative with how a president might be set going forward. and so you would expect them to be concerned. but, of course, kavanaugh is one of three people appointed by president trump shortly after he campaigned on appointing justices who would overturn roe versus wade. so i think that really was one of the main things that struck out to anyone hearing those arguments today. i also have to point out that being able to hear those arguments in itself was amazing and new and we're able to air them here to give a degree of transparency into these proceedings like we have never seen before. but on the other side of that i also wanted to mention neil gorsuch also a trump appointee pointing out that there could be another president set if they do not allow this law to go forward because of the fact that they are not waiting for someone to actually sue a private citizen to sue someone in texas who might be involved in an abortion, and instead this won an injunction before the lawsuit happens because of course the abortion providers are saying it's having a chilling effect. in that case, could that be a president that is set forth? could it be that you could sue someone who might be going after you for something before they actually do, in other words, to always go to the court before you are penalized for breaking the law. and so that could be another president. so, they're weighing all of this, but it's because it's such an unusual law. it was written in a way that is challenge-proof, and that architect that you talked about jonathan mitchell, he was a clerk of the late conservative justice scalia who obviously, that's the cloth that they have broken this law off from. and it's very interesting to see how all of this will play out in the end, and especially even if these justices do decide that this law goes too far, you have december, another just a month from today, a time where they will then be hearing and deciding more on the merits of roe versus wade of that mississippi case. >> i think it's remarkable that so many of the justices spoke out in the last eight to 12 weeks about not being political and not being a political body. it was sort of in the category of he and she doth protesteth too much. i think they are more aware of how wildly out of the mainstream a total ban on abortion, even on the right in american politics. and i want to read this for you, nancy. this is the "new york times" opinion piece. roe is as good as gone. it's time for a new strategy. we need to make noise. we need to organize protests and boycotts well before state laws like the one in texas and to a vote, let alone make it to the supreme court. eight years ago wendy davis conducted an 11-hour filibuster that briefly stopped an anti-abortion law and started a run on pink sneakers. creative, newsworthy resistance builds public awareness and support. those voting for abortion restrictions should pay a political price for doing so. it seems so i be to me understanding how politically deadly extreme views on abortion really are. but none of this is really happening. i'm not sure about the virginia race, but i haven't seen abortion rise to the candidate level in virginia or new jersey. why is that? >> if that's a question for me, i just want to say the center for reproductive rights doesn't engage in electoral politics. >> but just, should we be talking about it more? should it be part of the public conversation? should it be part of news coverage in local states regardless of whether they have democratic or republican officials? should it be part of the public discourse? >> absolutely yes. and i actually believe it really is changing. and we are in a different policy environment, and there is therefore a different kind of political social environment than they were, you know, even five years ago because you now have a situation where the house has passed the women's health protection act. you had in the mississippi abortion case, we had an amicus brief filed by women athletes including olympians, including the national women's soccer league players association, the women's nba players association. you see people coming forward in a way that is really different. so, i think it is very much part of the public debate because, as you point out, the majority of the public, 70% of people want abortion to be legal. and, so, the kind of schemes that texas are doing are very unpopular with people. one in four women will make the decision in her lifetime to end a pregnancy. this is an experience that a lot of people have had, that their friends and loved ones have had. so, it is very much -- there's been so much stigma around it, it's been hard to break it in the past. but it is now being broken with people standing up and saying, yeah, we stand with the right to access abortion services. we stand with that right. >> kim, some of this is evidenced in the silence of republicans around the shadow docket decision by the united states supreme court. you did not see even the sort of trumpyist of republicans out there banging their fist on the table. this is politics of this are perilous for republicans. >> they are, because these are not the most popular if you poll people. these aren't the type of laws that they're crying out to get passed. they're laws that adhere to the more hard and center of the party, the center that becomes more heartened on that type of politics. so it's heading out of that direction so you don't hear that drum beat. but i think it was interesting to hear the court purposely make the point today that the type of maneuver texas is usually using can be used by both sides and that it would be in their interest to back those who try to ensure that the courts have a way to review these laws regardless of what the outcome is, just being able to review them is that crucially important. >> julia, tell us what happens next. >> well, what happens next is that this could actually be a very long time till we actually get a decision in this case. and meanwhile there are women in texas who have to travel across state lines if they have the means to receive those services. and then we'll be watching to see what happens in december with that mississippi case to see whether or not the justices really are in a place where they could overturn, as you said, this 50-year precedent of roe versus wade. so a lot of eyes on the supreme court. i saw probably fewer protesters today than we expected, especially on the pro-life side. and it could be because this law in particular is so strange and different from other abortion laws. but, boy, in december, nicole, that will get to the heart of it in roe versus wade and whether or not abortion rights are here to stay or not in this country. >> we'll stay on it. nbc's jim acosta, kimberly atkins and nancy northrop, thank you so much for starting us off our coverage today. we'll talk to a doctor in houston about how drastically things have changed since the ban became law. plus, as thousands of firefighters take sick leave as vaccine mandates go into effect in new york city, we will unravel the rampant disinformation that continues to spread among key groups including fdny. in the wake of strict new laws curtailing both abortion and voting, there's a warning to pro-athletes from the naacp, stay away from texas. "deadline: white house" continues after aa quick break. don't go anywhere. don't go anywhere. 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... being first on the scene when every second counts... or teaching biology without a lab. we are the leader in 5g and a partner who delivers exceptional customer support and 5g included in every plan. so, you get it all, without trade-offs. unconventional thinking, it's better for business. one of my favorite supplements is qunol turmeric. turmeric helps with healthy joints and inflammation support. unlike regular turmeric supplements qunol's superior absorption helps me get the full benefits of turmeric. the brand i trust is qunol. wealth is breaking ground on your biggest project yet. worth is giving the people who build it a solid foundation. wealth is shutting down the office for mike's retirement party. 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because of sb-8. if they were not able to obtain financial assistance to travel, f.p.'s mother feared she would be, quote, forced to do something she's not ready for, become a parent which would take a toll on her. another c.n. and her husband live in east texas with their five children, the youngest of whom is an infant. she knew she wanted an abortion the second she saw the positive test. she said i used to love living in texas, now i hate it, it feels like we're prisoners. a nurse in oklahoma said many patients are coming to oklahoma with a sense of desperation. she recalls a patient who suggested she had been so desperate for the abortion that she would have undergone an abortion performed by someone who is not a real healthcare professional. joining us now is an abortion provider who works at a planned parenthood center in houston, texas. and dr. kavita patel, former obama white house policy supporter. i just want to ask you to elaborate on your sense of what is happening there now. >> yes, certainly. some of the stories you share ready things that we hear every day from folks that are accessing abortion or needing to access that care. so these stories are not new for us. these are folks that we take care of every single day, and really the reason why we go to work to take care of patients. unfortunately under senate bill 8, our ability to help patients has been dramatically reduced. while i'm trained and have the expertise to provide that care for my patients, i now have to say, sorry, you are going to have to go to another state. and there are patients who say i can't make that happen, that's not a possibility, whether it's childcare or time off of work or the logistics to figure out how to get out of state, wait several weeks till they can get that appointment and make it over there. sometimes needing to make two trips is just insurmountable for so many people. >> and there's a reason that in american politics the debate has always been the pendulum has swung even on the pro-life side to almost always talk about restrictions with exceptions for rape and incest. there's a reason why i want to read you what happens when those aren't in place. nurse practitioner t.w. saw a young teen who came from texas to oklahoma after being raped and impregnated by her father. unfortunately, the family member taking care of her lacked the guardianship forms to be able to consent to the abortion and they had to turn her away. talk about these victims of the ban, dr. kumar. >> sure, yeah. so of course every person has their own story. some of these stories that we hear are, you know, certainly more tragic and sit with us for longer and affect us in different ways. and some of the stories that we hear about rape and incest are certainly some of those that hit us in a different way. when the person that's being abused is also a minor, a child, it is very, very difficult to hear those stories. before senate bill 8, of course we could hear those stories. while that person sitting there with the trauma and things that we've gone through, we could at least say we can help you not be pregnant, we can at least help you with one thing so that you can move on with the other things you need to in your life. but under senate bill 8, we have to say we're not able to help you. it feels unethical for me as a physician, that they've experienced all this trauma around rape or incest, and then we have to say, well, now we have to figure out how to get you to a different state to get this procedure that is very safe, very simple for us to perform. and we usually do that care here. but under senate bill 8, we're going to now have to inflict more trauma on you. it's very, very unfortunate. for me as a physician it just feels unethical. >> dr. patel, governor abbott made a comment about eliminating all rape and rapists, getting them off the streets. i think women in the sort of domestic violence space pointed out that a lot of rape doesn't happen on the streets, it happens in the home. i want to read you some reporting seven days after she gave birth to her son, her husband snatched the newborns out of her arms and began hitting her. during a big snowstorm earlier this year her husband became physically abusive, dragged her by the hair and threw her out of the house. she sat outside in the snow barefoot for 30 minutes. ten days later her husband raped her. she found out she was pregnant again. she knew with every bone in her body she could not continue with the pregnancy. quote, i was definitely scared that he would try to stop the abortion. but if i would continue my pregnancy, it would be like giving my soul away to him. the texas abortion ban really speaks directly to intimate partner violence in the ways that it replicates control over women's bodies and strips away their autonomy. that's a clinical social worker. this is a state-sanctioned reproductive violence, she added. do you see it that way, dr. patel? >> yeah. not only do i see it that way. but think of just the generational harm. think of how many people -- every person that's experienced intimate partner violence that i've encountered, and sadly it's too many people who've kind of had these similar experiences. every single person i've encountered, it creates a ripple effect not just in their household but amongst kind of everyone around them. and the tone that the governor set, taking, quote/unquote, rapists off the street, sure we're doing it off the street and sanctioning it in our own homes without women or actually children. think of the children in those households having no recourse whatsoever. victims to just the mercy or the unjust mercy of a state. i think on top of that i would say this is ironically also my home state, the state that did not expand medicaid. this is a state that president biden's trying to fight so that we can give millions of children and women access so that they can actually give birth to children safely. so for a governor to say that he wants to take crime off the street, for a texas attorney general who said they want to advocate for life, their actions in the past certainly do not support that, and this is just even one more example kind of how they have let down so many texan families and women. >> dr. kumar, thank you for being part of our coverage and our conversation and for spending some time with us. dr. kavita patel is sticking around. as new york city's vaccine mandate takes a fact, new reporting on how far and how deep disinformation about vaccines has seeped into groups and communities all across the city. that reporting's next. 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(vo) this is more than just glass, walls, doors and carpeted floor. it's a place to change the world. loopnet. the most popular place to find a space. when a truck hit my car, the insurance company wasn't fair. i didn't know what my case was worth. so i called the barnes firm. i was hit by a car and needed help. i called the barnes firm, that was the best call i could've made. i'm rich barnes. it's hard for people to know how much their accident case is worth. let our injury attorneys help you get the best result possible. ♪ the barnes firm injury attorneys ♪ ♪ call one eight hundred, eight million ♪ in new york city officials say thousands of city employees have been put on unpaid leave for not getting at least one vaccine dose as required by a new mandate. the city's fire department is preparing if they need to, to deploy private teams to make up for more than 2,000 firefighters that have taken medical leave in the last week. more than half of whom the senior official says are not vaccinated. it comes as the "new york times" reveals staggering data from the city on vaccine disinformation and the conspiracy behind it. quote, the reports were only necessary because not everyone has been rooting for the coronavirus to lose. among the spookiest lies vaccinated people have developed boyles. all of it nonsense. the reports which have not been made public draw a distinction between misinformation, the unintentional spreading of inaccurate information, and disinformation, which is not only inaccurate but likely malicious. i was looking at some of these numbers. we should point out to our viewers this is a fluid situation. nypd seems to be posting some better numbers than fdny. but talk about what they were up against, what they were being fed in terms of misinformation and disinformation. >> sure. so, it's interesting. we all knew that there was mis and disinformation out there. but this gave me a chance to actually look at how it was spreading and what these rumors and lies were. and, so, what you really come to understand when you pore through these documents, these intelligence reports that the city has been collecting is that they're highly specific to new york's very often insular communities. so you have fdny's ems union head who's got one perspective that he's spreading, which isn't quite right about the vaccines. in other neighborhoods you have polish communities that are being subjected to misinformation. you have russian disinformation campaigns, right-wing disinformation campaigns, doctors on the upper east side who are spreading false claims, at times, through facebook live events. this city has documented it all. and, so, i think, ultimately, the takeaway here is that these social networking platforms that are being used to kind of spread this disinformation or misinformation, they are highly connective with the communities that we talk to on a day-to-day basis. so therefore it's kind of an insular experience. so, one neighborhood might have one set of myths about the vaccine, but another neighborhood next door maybe speaks a different language and has an entirely different set of misinformation that city officials and public health officials are trying to combat. and, so, i think the city's municipal workforce, i have to say overall has actually been very highly compliant. we're at over 90%. it might even be higher than that. and so, overall, it's been a huge success. but now we're getting to the holdouts, and there are various reasons obviously why people aren't getting vaccinated. not all of it is misinformation. so, ultimately those workers are going to have to comply, as the mayor has said, or they will lose their jobs. but we are talking about a number in the low thousands at this point, which is a good thing. so the city has overall made good progress here. >> i want to put up sort of the forest through the trees. 91% of municipal employees are vaccinated. fdny has 81% of its work force with at least one dose. and nypd has 84%. but we are talking about the trees, the trees that have been fueled by disinformation. and i want to read you dr. patel's. there are limits to what city governments can do, especially since reports make clear the role of right-wing media and social media companies and spreading misinformation is extensive. in july city health department officials sent a letter to facebook and twitter urging the companies to, quote, take immediate action to remove such content from their platforms. health department officials said facebook didn't respond. they said they're in the process of scheduling a phone conversation with twitter executives to address their concerns. nobody i've spoken to in city government is holding his or her breath. why not? why shouldn't we hold our breath and talk about it every day until facebook and twitter agree to take down disinformation specifically targeted to specific community. it would be easy for twitter or facebook to find it. leaflets aimed at orthodox jewish communities in brooklyn. city's polish community treated to false claims that the mrna vaccines were designed to annihilate christianity and the polish nation. why not hold our breath and wait for facebook and twitter to answer questions about why they can't get rid of that misinformation. >> yeah, i agree. i think we should hold our breath. and i hate to say it so bluntly, but we've got people who are holding their breath in the form that it's resulting in deaths. look around us. we still have deaths, cases. they're coming down, thankfully. but we are still in the thick of this, especially in parts of the country where we have more unvaccinated people than not. and we can't be complacent. so we should hold our breath. and i think on top of that, to me, this is just one, i think, mara's piece was excellent in also highlighting the parallels between the disinformation campaign with covid, so very obvious to us. but this has been the same disinformation campaign playing roles in many other kind of health efforts and the elections and so many other things that we've been talking about. and, candidly, myself included, i feel like many of us are just at a loss because it's a little bit of a whack-a-mole. let's say we do get at some of the disinformation coming from doctors on the upper east side. i feel like i can whack that down, and then we'll see somebody from florida, a group of doctors, for example, from florida that come up and get reposted and re-tweeted. so, to your point, we're at the mercy of algorithms and at the mercy now of health commissioners spending their time writing executives of social media companies. come on, give me a break. this should be a no-brainer. i want the intelligence of the health commissioner who's a very smart man to be focused on making new yorkers healthy. and that's what they're trying to do. but this feels like where's the accountability from these companies that have actually had more of a hand in taking away the health of new yorkers than probably many other things that i can directly point to. so do cigarettes and so many other things, which is an irony in itself. >> it's a great, great piece of reporting. it tells the story much broader than just new york. mara gay, thank you so much for joining us to talk about it. and dr. kavita patel, thank you so much. why a top civil rights leader is urging professional athletes not to sign the teams from texas. we'll bring you that story after a quick break. break. the virginia's governor race. >> everyone will be watching this race closely for a clue about whether the political climate has shifted. >> a bellwether of when the country stands. >> polls show the race is close. >> nobody breaks it down like kornacki. >> the one man i trust to have all the answers to these questions. >> live election coverage tomorrow beginning at 5:00 on msnbc. and live stream the kornacki cam at msnbc.com. snbc.com new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! discover card i just got my cashback match is this for real? 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(vo) is three hundred and ninety-one thousand four hundred get a dollar for dollar match at the end of your first year. and thirty-four square feet... enough space for your ambition? loopnet. the most popular place to find a space. with the u.s. supreme court today hearing arguments about texas' near-total ban on abortion, it's more clear than ever that texas has become the epicenter for far-right-wing policymaking. bans on mask mandates, and voting restrictions based on false claims of voter fraud. just last week governor greg abbott signed into law the state's new redistricting bill which heavily favors the republicans and reduces the voting strength of nonwhite voters who happen to fuel texas' population growth over the past few years. in response the naacp has released an open letter condemning the governor's action by targeting some very high-profile residents of the state. professional athletes. in the letter addressed to athletes in the nba, nfl, wnba, mlb, nhl, the naacp president derrick johnson appeals to free agents of all those leagues with one simple message, if you are a free agent and are considering employment in texas, look elsewhere. joining us now the author of that letter, the president and ceo of the naacp derrick johnson. i mean, sports and activism have always been connected, and athletes have been powerful activists. this feels like a big step and an important one. and i wonder what the reception was to your letter. >> well, it is important because we're talking to athletes who will be moving their families to texas. and this is something they should consider, you know, whether or not their son, their daughter will have the ability to learn a true history whether or not they'll be able to participate as full citizens, whether or not their wives will be respected as a full person. those are all important things. so it's not a big step. it's a consideration that anyone when they consider employment should have information about. and we thought it was important to share an open letter. and we've heard back from many of the players' associations, and they have taken heed to what we're saying. >> texas lawmakers have destroyed the state's moral compass bypassing these laws. in return, we're asking that you seek employment with sports teams located in states that will protect, honor, and serve your families with integrity. the texas government will not protect your family. demand that texas owners invest in your rights and protect your investments. texas is not safe for you, your spouse, or your children. until the legislation is overturned, texas isn't safe for anyone. if an athlete were to sort of call you for council and say, you know, i want to go, you know, press an issue, what is the deliverable we want? what will be the one thing you'd have them push back on? >> when athletes are free agents especially, they have options, they need to understand their options. if there's a professional basketball player and they want to consider really displaying their talents for a city but also being a full citizen. what texas has done is suffocate their ability to be full citizens through their redistricting process, through their inability to allow for true history to be taught. i mean, it's really important that in this democracy that we have federal protection for our right to participate and vote. that's been the work of the naacp for 112 years. and it's been the platforms used by athletes to ensure that social justice, equity, and opportunity is afforded to all citizens. >> major league baseball moved the all-star game out of georgia after that state passed its voter suppression law and efforts to change who counts the votes. but, as you're talking about, texas went ahead and passed a law even more restrictive based on, in some ways even more unfounded claims of voter fraud. there wasn't any in georgia, there wasn't any in texas. were you surprised that more leagues who would have been more involved in protesting and boycotting states rolling in voter suppression law when's there wasn't any fraud? >> nicole, i've been surprised that we have not been able to adopt federal voting protections. i think that's most important. texas and georgia, none of these states should be able to do this if in fact the u.s. senate senators realize that procedural rules should not impede substantive rights of one's ability to participate and vote. we cannot send our troops abroad to fight for democracy, and, yet, deny true democracy here at home at targeted citizens for african-americans we've seen this before, and we must do all we can to prevent it from repeating itself in future. equal protection under the law, full access to the ballot should be afforded to all citizens and not allow a small segment of the population dictate who the voters should be to elect them as opposed to voters determine who should represent them. >> do you get athletes or their agents calling to find out how to get more involved in any of this? or with sort of the 2020 election, there was a lot of activism, i think basketball arenas turned into voting centers. the wna and the nba was very active. >> since we released the letter, we've had several calls from players associations, individual athletes, and agents, you know, inquiring about the letter, getting clarifications, but all of which have supported the approach we are taking. and that's really important. if you consider athletes across the decades, many athletes really use their platforms to advance social justice inequity. and we've seen that happen in 2020, and i believe we're going to begin to see many athletes speak out as we look at certain states and how states are allowing or impeding one's ability to fully participate as a citizen. >> derrick, we'd like to stay on this story. if you have anyone that is willing to speak out that got your letter and says, yeah, this is important, this is something i can do, if i have the opportunity to play in texas, i'm not going to take it. come back with that athlete or their representative and we'll continue the conversation. fascinating development. derrick johnson, thank you for spending some time with us on it. quick break for us. we'll be right back. be right ba. exploring the heart of historic europe with viking, you'll get closer to iconic landmarks, to local life and legendary treasures as you sail onboard our patented, award-winning viking longships. you'll enjoy many extras, including wi-fi, cultural enrichment from ship to shore and engaging excursions. viking - voted number one river cruise line by condé nast readers. learn more at viking.com. ♪ ♪ 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. ♪ to unveil them to the world. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ 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. meet chef clem, owner of doughn't be sour, a sourdough doughnut company. she was flying back from a conference, when she got a text: she needed a bigger fridge asap if she was going to fulfill her orders. so she used her american express business platinum card® to earn more points on the big-ticket purchase. she got the new fridge, fulfilled the orders, and with her extra points, she got new equipment that allowed her to expand her business by rolling out a new product. get the card built for business. by american express. there wasn't much to laugh about in the dying days of the trump presidency, but worth perhaps a chuckle was rudy giuliani's debacle that now infamous press conference not at the lavish four seasons hotel but instead entirely mistakenly at four seasons total landscaping in philadelphia, just as the race was being called for president joe biden. so, for halloween yesterday, that business tweeted this. quote, this year our costume was an obvious one, and the photo they're building with the sign of the four seasons swanky hotel on it. believe it or not that, press conference by rudy was one year ago this weekend. to mark the occasion, msnbc is going to air four seasons total documentary, a much closer look at that day this sunday at 10:00 p.m. eastern. something for all of us to look forward to. we will be right back. we will b. gold. your strategic advantage. we're making the fagioli! ♪ ♪ ♪ ♪ this looks great. awesome. alright. thank you! what... what recipe did you use? oh. my nonna's! she a good cook? -no. wealth is breaking ground on your biggest project yet. worth is giving the people who build it a solid foundation. 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. like you, my hands are everything to me. but i was diagnosed with dupuytren's contracture. and it got to the point where things i took for granted got tougher to do. thought surgery was my only option. turns out i was wrong. so when a hand specialist told me about nonsurgical treatments, it was a total game changer. like you, my hands have a lot more to do. learn more at factsonhand.com today. it feels to me like we've been talking a lot about climate change as a future problem instead of a present one. it's a crisis right now. thank you so much for letting us in your homes during these extraordinary times. we're grateful. "the beat" with ari melber starts right now. >> hi, nicole. do you have coffee for tomorrow? >> i'm going to stockpile it. i'm going to end up with an iv one of these nights. >> will it be a late night? only you can tell is you and maybe steve. >> i'm not sure. it's not anything i've seen in the polling. i think that both sides are claiming momentum, and you never really know who's telling the truth till you start to see steve kornacki at the board. >> till we get the votes on the board. we'll be watching, nicole. see you soon. i want to welcome you to "the beat." i am ari melber. today's supreme court arguments on choice, women's rights and abortion. we also have a legal update on biden winning some of the mandate wars. and later something special about president obama and civil rights. but as nicole and i were just discussing, we begin here in virginia on the eve of the first

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