planet. to make this strategy to decouple the bills and make that work and finally land this plane, president biden made a national call to action on the heels of today's very strong economic news. the october jobs report showed job creation roaring back 531,000 jobs were added last month and unemployment fell to a modern day record low of 4.6%. it may be hard to process this very good news amid what is a real disconnect between how the economy is actually performing and how the economy feels at the kitchen table when incomes are up but so are prices and your amazon deliveries are super slow. but as president biden welcomed the strong jobs report, he made clear the way to tackle those bread and butter issues is keep moving forward. >> i want to say very clearly, if your number one issue is the cost of living, the number one priority should be seeing congress pass these bills. send the infrastructure bill to my desk and build back better bill to the senate. let's build economic progress and build on what we've done because this will be such a boost when it ococcurs. >> to buy time demanding numbers on how the bill would be paid for. seven moderates would be holding out on the build back better part of the plan requesting a congressional budget office score that could take weeks. majority leader steny hoyer expects the build back better bill to be passed the week of november 15th. it's not actually clear if democrats have enough progressive votes to pass the bipartisan infrastructure bill tonight. progressive caucus chair pramila said her members are prepared to wait and vote on both bills together. so there are a lot of balls in the air and nbc news reports president biden called congresswoman jayapal this evening and continues to make calls to democratic holdouts. joining me is congressman ro khan. thank you for being here. my straightforward question is, is the progressive caucus going to give in and vote for the bipartisan infrastructure bill if it comes to the floor tonight? >> joy, we're open to listening to leadership, at least some of us are and we're open to the cbc's proposal to be considered to get the president a win. now, i believe the best ways to have both bills voted on and to see if the six votes of the moderates would actually vote yes. i think there is a good chance they would. i have said at least i and some other series are hoping to find a way forward. >> let me just play for you. this is congresswoman pramila jayapal and she talked about the leap of faith you would need to take to vote for the bipartisan infrastructure bill. take a look. >> but i do believe that this is too important to people across this country, to the democratic party, to the president for anyone to vote against this once it goes to the senate. so no, we don't have a full and complete assurance. we are taking a bit of a leap of faith but we're trusting president biden who i believe has done a lot of work to assure himself that he's going to get 51 votes in the senate. >> so here is the challenge, i think, to people in your caucus, i'm not in your caucus obviously but i can see why someone like congresswoman cori bush wouldn't have faith. you have mansion driving around in a fancy car and taking money from multi level marketing businesses that want to kill the labor pieces of the bill and big pharma and others that want to kill parts of bill. how do you know that if in fact your caucus members, your fell he progressive caucus members go ahead and give the moderates their bipartisan infrastructure bill that all of them won't just literally leave y'all in the lurch and abandon build back better because that's something i feel we can do in the house and the senate. >> they could, joy, i guess i trust president biden. i trust him, i trust the speaker and what choice do we have. we have been left and we want to finally get money in the pockets and let every kid go to preschool. people say they aren't working hard enough and if they're willing to work, i don't want this president say let's just come together as a party. let's let this president who won fair and square the nomination, let him leave. let's deliver for people. >> you know, the challenge is let him have a win and let him have a win. it feels like there are democrats. first of all, republicans are off the table doing stupid memes in let's go brandon fashion gear. they're not helping. they're a non-enty. they're off the table unfortunately. among democrats, it does feel like there are democrats that think that just doing the infrastructure bill because it was bipartisan, which is their favorite thing, because republicans like it and because it will impact very directly, let's be honest, men. men in this country and get a lot of men back to work that they're like that's enough, that the women and the poor people, the people of color all of that can wait. let's just get bills for the men and that feels to me like joe mansion's position and he's said as much. he was like push the rest of it, the lady the and all of it until next year. >> joy, that is not president biden's position. he wouldn't be president if not for the african-american community. he wants to deliver for those who don't have opportunity. i believe that he will follow through on climate. he was on the world stage saying america is going to do this. i believe he will follow through for universal preschool. that's the biggest thing we can do for kills to give them an equal shot starting first grade. the question is how will we come together in a 50/50 senate. progressives have compromised time and again, it's right that a lot of people were excluded but we have to now come together and the only way i see is to trust the president and the speaker on moving forward. >> last question, you talked about you were supporter of senator sanders when he ran for president. have you talked to him about what he would like to see the progressive caucus do and if so, would you be open to telling us? >> i've talked to him over the past couple years and he rightfully has been pushing for vision, dental and hearing, the most popular provision in the entire bill and he wants to get as progressive a bill as possible but the one thing that people didn't appreciate enough about senator sanders is ultimately a team player. he wants this president to succeed and he's not going to do something that jeopardizes that. so we're pushing as a caucus, i'm going back into the meeting. we want both bills to be voted on but there are a number of us now who are saying let's figure out a way forward and the progressives are willing to put the party and country first. >> how ironic that bernie sanders, the independent is more a team player than mansion and sinema. what a world. congressman ro. have a great weekend. i want to start with the good first before we go to the challenging, david k. johnson, this job's report today was really good. you know, it shows that the fund mentals, the structural under pinnings of the u.s. economy are actually strong. so why do you think that it doesn't feel like that for the average person but is this a strong report for jobs? >> we had an extraordinary nine months of job growth. under joe biden with the pandemic still underway, we've been adding an average of 600,000 jobs a month. donald trump prepandemic only added on average 187,000 jobs a month. so biden is doing three times as well as trump and yet, during the pandemic. if you take the full trump administration, he cost us 2.3 million jobs the first since hoover to leave office with fewer jobs than when he came in. biden is doing well. the job numbers would be even bigger if it weren't for government cutting jobs. there were over 600,000 private sector jobs but government, state and local shed about 73,000 jobs. >> yeah, and red states, i'm sure. juanita, i'm old enough to live through the clinton administration and i was a kid when regan was president. i can remember in my household the economy felt stronger under clinton or president obama, but democrat -- voters in general, especially independents have this tick. let me put this chart up. it an actual fact if you measure who helps the economy more. democratic presidents far out strip republicans. herbert walker bush under his administration 2.36 million jobs, under clinton 22.9, w bush 1.36 million over his two terms and obama 11.56. trump as you heard david k johnson said, he cost this country 2.49 million and biden at 5.58. gdp growth, same story. it flip-flops and goes back and forth and when a democrat comes into power, they clean up the mess on the previous president and don't get credit for it. down why democrats don't get credit for the facts they're better on the economy? >> i think it goes to something the president mentioned in his remarks today. people need to feel the impact and know who to thank, right? he's talking about you need to feel it in your life and bank account and that's what i can tell you. he's likely going to be fix sated on for the rest of his presidency. he said i delivered this for you, expect it to be a major message in the midterms and honestly, if these numbers came out a week ago, things might look different in virginia. it literally emphasizes the point we're doing so much better, the recovery was not hampered by the delta variant like the gop screamed across the country for the past few months and in fact, biden's invest mentes in the economy are working. talking about the real world impact will help them and it changed their minds when they respond to the types of polls that show they don't trust democrats because when you deliver consistently, when people see a change in their bank accounts, when people can afford their bills, they feel that and that's something that democrats need to remind them time and time again. hey, we did that. that was us. >> yeah. but democrats don't like to brag. democrats are way too modest. the shots and checks is like why biden got elected and gdp. i'll put it up. most don't care. on these two bills, the 2008 recession, the george w. bush era recession was like a man session. this current downturn was like a woman session. women lost a lot of ability to work, a lot of access to lack of access to child care. having to have your kids stay home that largely wound up falling on women that had to stay home and work from home. this impacted women hard. can you get in your head why joe mansion or kyrsten sinema would want to basically crush the bill to get women back to work and only do the hard infrastructure bill? >> the behavior of those two senators is sort of beyond understanding but there is an important issue here, i think, joy, and that is i don't think the white house is selling this the right way. you can hear president biden again and again refer to his spending 3.5 trillion. no. he wants to invest less than $3 a day per american so that we will have a healthier country, a wealthier work force, women who want to work will be able to do so because they'll have child care available, they will be able to afford it but instead, the white house and the news media especially across the board, we talk about spending in this big scary humongous number that means nothing when it's really an investment. when we pass the half bill for the human infrastructure, it's less than $1.50 a day per american to make us better in the future. this is about investing in our work force, in our children, the most valuable asset we have in america are the brains of children that need to be given rigor and plot to have good lives in the future and that should be the focus of debate. i really blame the white house for not properly selling this. democrats need to learn what the republicans know, how to market. >> and how to appeal to your instinct in your gut and not just do these brainiac things. human infrastructure, say what david k. johnson said. it will be easier. thank you both so much. up next, rudy giuliani puts on his clown shoes and big red nose and says no, no, you can't expect me to verify what is coming out of my mouth and we're keeping a close eye on the men accused of murdering ahmaud arbery. you may think you know what happened at attica, there is a ground breaking new documentary, the film makers join me tonight. plus. >> colin powell was a great lion with a big heart. we will miss him terribly. >> honoring a towering public servant also a good and descent man. "the reidout" continues after this. man. 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will never write a story or come to a conclusion. >> the other thing is the trump campaign knew those allegations of fraud were bogus before they made them. as "the new york times" reported, they had already prepared an internal memo on many of the outlandish claims about dominion. joining me is tim o'bryant and former federal prosecutor msnbc analyst. glen, i'll start with you. if you have rudy giuliani saying it's not his job alleging he rigged the election, that he doesn't have to verify they're true and the trump campaign had attempted to investigate those claims and found they are not true, where does that leave rudy giuliani? >> that leaves rudy giuliani on the losing end in a defamation suit. it pretty transparent, joy, what rudy is trying to do. he's trying to persuade people i may have been negligent, i may have been grossly negligent or reckless but it wasn't malicious. i didn't intentionally lie. he's holding up his own recklessness as a shield against a jury some day concluding no, you intentionally lied. so here is the good news, legally speaking, it's a very short walk from recklessness to maice to intentionally lying and nobody has to believe rudy giuliani saying i was only negligent or only reckless. he appears to have been intentionally lying so he has trouble ahead in the defamation suit. >> would it surprise you, tim o'brien if -- i know your answer but i'll let you talk about that. it feels like he's on the outside looking in, that he would be the guy that winds up being thrown over the side because he did go out and make the claims. he was the face of the big lie for so long and in so many ways even on the day of the insurrection. would it surprise if if he wound up being the guy that gets hung out to dry? >> it wouldn't surprise me at all. you correctly predicted my answer, joy. you know, it -- donald trump is not a sophisticated man. donald trump is not an educated man really but he has a sensibility how to survive and always made sure people around him who do his dirty work so he has deniability and the power he's had over those folks to convince them to put themselves in harm's way as either money or sort of basking in what they perceive to be this reputational glow of trump and giuliani is this person who had his face up against the glass for years with trump and wanted to be, always wanted to be let in and now trump to a large extent has taken advantage but rudy giuliani is also an adult. let's not forget in the years, giuliani becoming america's mayor, when he was a prosecutor, he operated and became famous for his mob cases but the cases he made against insider traders of wall street, a lot of those fell apart and he engaged in people marching out in handcuffs but did it for self-grandizing more so than the rule of law. that part of his character was forgotten after 9/11. he went after squeegy handlers in "new york times." >> that's the giuliani i remember from living in new york. the america's mayor part no so much. let's go back to the january 6th investigation. so associated press is reporting that jeffrey clark, former assistant attorney general that tried to use the justice department's influ -- influence to overturn the election, what does that tell you, glen. if he was cooperating and then becomes uncorporative? >> it tells me he's probably unwilling to answer questions that might incriminate him but he's not trying to invoke his fifth amendment right against self-incrimination because that never looks good so he's probably engaged in lots of, you know, bluff and bluster and misdirection and then if he ends up leaving before the questioning is over, it's probably because he's trying to follow trump's playbook. he's probably trying to get congress to force this into court so they litigate his refusal to testify and then what will he do? he'll try to run out the clock by weaponiing the court deal delay, don mcgahn did it successfully for two years and if this moves into the courts, let's hope that the courts have learned their lesson and they don't continue to let litigants use them by weaponizing the court delay because that's a recipe for none of these issues ever getting resolved. >> exactly. let me read you what the chairman of the one-sixth commission said mr. clark had to short time to reconsider and cooperate fully. we need the information he's withholding and we're willing to take strong measures to hold him accountable to meet his obligation. so i think that, you know, he should expect to get subpoenaed again. let's go back to rudy giuliani for a second. you know, tim, i'll give you and this is a fun one. the four seasons landscaping company was one of rudy giuliani's darkest moments and funniest moments. there is a documentary on msnbc we're running about it. take a look. >> i got a phone call from my son anthony and he said mom, this is bigger than we think and he sends me a picture while i'm talking to him. and rudy is sitting at my desk and a plaque in front of my desk says boss lady. i told my husband, we got to get over there. >> i wonder if you think his entire reputation that stemmed from his handling of 9/11 was as much a fraud in someways as donald trump's because i think people have been surprised by how sort of low he sunk unless people like me lived in new york when he was there and saw him like you said arresting squeegy men. >> rudy giuliani arose to the moment. it clearly was an aberration. i think the rudy giuliani and i think he got a lot of traction out of that in his business life and professionally and politically. and i think that's one of the reasons that trump didn't sort of ex communicate him entirely because trump wanted him around, as well. rudy giuliani has often been a thug and irresponsible thug and his own, you know, his own -- he's such an interesting case. his personal history, his father did time in sing sing for armed robbery. he was an enforcer later with possible mob connections and his son goes on to go after the mob in a way. >> yeah. >> i think -- and the person you're seeing now is a short of shakespeare plunge into the reality of who he is. we're seeing who he is now. >> the families, you know, those families understood who rudy giuliani was. everyone else is catching up. thank you-all very much. by the way, you don't want to miss this four seasons total landscaping documentary about the real company behind the most embarrassing campaign mistake area saturday night at 10:00 p.m. eastern. don't miss it. still ahead on "the reidout" opening statements on the three men accused of killing ahmaud arbery. how prosecutors laid out their case. still ahead. how prosecutors laid out their case still ahead. and he's got a gift for everyone. so thoughtful. like many people with moderate to severe ulcerative colitis or crohn's disease, i was there. be right back. but my symptoms were keeping me from where i needed to be. so i talked to my doctor and learned humira is the #1 prescribed 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from the same house. there gregory mcmichael saw arbery. >> he assumed the worst and had no knowledge of any crime whatsoever so gregory michael makes his driveway decision. this is where it starts. in that driveway. five minutes later, ahmaud arbery is dead. >> the prosecutor then explained what they did next. >> greg mcmichael chooses specifically knowingly and intentionally to arm himself with a handgun because he hauls ass inside of his house and gets his revolver. he gets his son travis mcmichael who gets his remmington .12 shotgun. >> the friend and neighbor then joined the chase. >> defendant brian sees mr. arbery running away from the white pickup truck and he makes an assumption because he has absolutely no idea what's been going on and he joins the mcmichaels in chasing down mr. arbery. >> lawyers for the mcmichaels and brian are claiming self-defense they were trying to make a citizens arrest because they had reasonable knowledge he committed a felony but at no time did arbery say anything during the confrontation nor did the defendants say they were making a citizens arrest and video of the killing which brian shot on his cell phone. arbery's father couldn't handle the images and his mother made an audible gasp and emotional cry as she watched the video of her son dying. after a recess, the defense presented i its arguments. bob ruben argued they were armed quote for protection and pointed the gun at arbery to quote deescalate the situation. with me now, david henderson, civil rights attorney and former prosecutor. thank you for being here. give me your assessment of the opening of this trial, the opening arguments from both the prosecution and defense. how do you think both did? was either more compelling? >> keep in mind as i say this, i'm not indifferent or inpartial when it comes to this case but i have to look at the evidence how the trial was developing so far and if i have to say one side won over the other, i say the defense won as far as opening statements go because you have to remember they're persuasive for those of us that made up our minds about the case but the argument was too long and based on a shaky theme focussing on assumptions instead of saying specifically what the mcmichaels and brian did and had a lot of legal mumbo jumbo in it. the prosecution broke that to call a defendant by his nickname, which is something you should leave to the defense to do, not the prosecution. >> the defense is relying on this civil war era law claiming they were trying to make a citizens arrest and this civil era law said it was legal in georgia for civilians to arrest someone when they had reasonable and probable grounds the person committed a felony. it later had uproar over the shooting but remained the law largely unchanged since 1863. this is a legalized lynching law, let's be honest. this wasn't black citizens could go legally arrest a white person in georgia. this was used by white citizens to quote unquote arrest any black person they wanted and kill them. i wonder if the vibe and atmosphere of the way georgia operated really since the civil war era plays into this with a bunch of jurors, many of whom are probably gun owners and thinking i don't know that i want the liability for killing somebody because i made an assumption because i saw a black guy jogging. i don't know i want to be in the position of these defendants. >> that's exactly right and why the way jury selection was handled is important. when you have a sitting judge saying i believe there is intentional discrimination and doesn't do anything about it, when you have lawyers who have a chance to change venue and they say we know our clients are known in this community and they choose to stay in that community for the trial, that tells you everything you need to know about what their expectations are and that's one of the elephants in the room i wish the prosecution address. people who own guns often in the south think they can use the guns whenever they feel threatened, even if they caused the threatening situation to begin with, which is what happened here. for all the facts we're discussing now originally a prosecutor heard them and choose to sweep the case under the rug and he was an elected official. if he close to do that, what does that say about the people that elected him to office, many of whom are on the jury? >> the nra is big about using, you know, sort of matching legislation all over the country particularly in southern states to get those encoded. you can use your gun. you can use it fatally. this case reminds me so much of the george zimmerman case. here are rulings, the prosecution's motion was granted to exclude evidence of minute thc. the judge said photographs of travis mcmichael's pickup truck featuring a vanity plate of the confederal battle flag will be allowed and shown during court and the judge ruled the defense could not mention arbery was on probation. do you think those things in any way will impact the case because it feels like the george zimmerman, trayvon martin case to me. >> it feels like the zimmerman case and there are countless examples if you look at the way self-defense laws play out. white people shooting black people claiming to attack them and plays out when you have one black person on the jury. there are numerous trials when it didn't work out. i think those things matter and also, joy, what you're hinting at is a broader discussion the way people are treated in this country because it hinted george zimmerman and when you think of the cases, the new definition of crt is you have george zimmerman and on the flip side castile and shot and killed under circumstance where kyle rittenhouse, not the case we're talking about can walk by the place not so much as being questioned and if you think that's not going to play a role in this trial, you're missing the point. >> 100%. the man that massacred nine people inside emanuel church got a cheese burger lunch from police. that's why there is critical race theory in law schools because we have an equality in our system of justice by race. that's a reality. sorry if that makes you feel sad for people that don't like crt. thank you. up next, a brilliant documentary offer as definitive look at the five-day standoff between prisoners and police at attica in 1971. award winning director stanley nelson and tracy curry join us next. stay with us. curry join us next stay with us ♪ ♪ ♪ downy's been taking you back, since way back. with freshness and softness you never forget. feel the difference with downy. 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>> well, i think it says so much about america. you know, it's about not only prison and prison reform and not only about race, it's a story about power, you know, we bring in nelson rockefeller, the governor of new york and one of the richest men in the world and richard nixon were on the phone talking about it so it's about government. it's about so many things and it's a roller coaster ride from the first day the exuberance of the prisoners when they take over to the murders and the killings of the last. it's really like a thriller that you couldn't have written if you were a really great writer. >> yeah, and tracy, let me play another piece of it. this is a story about the people caught in the middle because it wasn't just brutality against black people but wound up being brutality against these white guards, as well. let me play a clip. this is a daughter of one of the guards whose name was william quinn. take a look. >> i never received an apology. i've never received an apology and for me, that's a pretty big deal. what does money do when you don't have your dad or your brother or your uncle? how does that replace anything? i think it was the state's way of saying we're going to give you this money and we want you to go away. >> tracy, you did these interviews and so talk a little bit about the process of bringing out these stories in some cases remotely because we were during the pandemic and you had to do a lot of these through the magic of zoom plus cameras, talk about that. >> yeah, joy, it was apparent really early on after doing research there were categories of people we had to hear from. we had to hear from the former president and wanted to hear from the people in the village of attica, this isn't just a prison but place and community and the observers, the media and these various people. it was really a process of proc taking the time to find whoever i could who was alive that i could talk with, who was willing and available to talk about it. as you can imagine, this was a traumatic event for every person involved and it was a process of, one, finding people, two, taking the time to talk to them and gain their trust. the pandemic kind of allowed me to, i was in my pandemic box, as we all were. and then eventually just kind of giving them the space to feel it and experience it and remember it the way that they did. and the end result is what you see in the film. >> let me play another one of the inmates. his name is arthur harrison. he's a former inmate. take a look. >> we would like the press to come in, including the television cameras. that transformed everything. because now the prisoners had a worldwide audience. >> a roll of toilet paper would have to last you a month. you would have to be a magician to wipe your behind and stuff like that. >> guys were complaining about basic things like toothpaste, toilet paper, a change of sheets, more than once a month. things like that. clothes being cleaned. personal hygiene things. being treated like human beings. >> stanley, it strikes me this is a film that's about manhood and democracy. these men wanted to be treated as human beings and they formed their own sort of democracy, multiracial democracy in this prison. what do you make of that? >> that's one of the most incredible things about the story, the first day they take over the prison, they vote on leaders, who they want to lead. there's white prisoners and black prisoners and latinx prisoners, and they talk about being united now, that they are one. and it has to be said that we talked earlier about the fact that the guards and the prison system kind of kept them separate. so the white prisoners are given more privileges and are resented, but when they get out in the yard, they realize we're now all just prisoners and we have to unite if we want to survive. >> this is also a critique of the media, the way they covered it at the time and afterwards. as someone who worked in the media yourself and comes from this side of the story-telling world, what do you make of that critique and what should people take from that? >> yeah, joy, it's something we used to talk about all the time, which is the perils of access journalism. all of the media is gathered outside, and on that last day when they go in and kill 39 people, it is reported that 10 of the hostages of killed by the prisoners. this is in all the major news outlets of the country and that is a story everyone believed, only to find out less than 24 hours later after the medical examiner has looked at the bodies and seen they were all killed by gunshots, and of course none of the prisoners had any guns, that it was a lie. it was the state troopers that killed them. the media failed in that account. >> you know what has been a success, you, tracy curry, and i'm going to embarrass you, but it is your birthday. so i want to wish you a happy birthday on national television. and your good friend who produced this segment, she put me up to it. a lot of us to worked with you before, hank and all of us, we wish you a happy birthday. >> i love all you guys. >> happy birthday. >> congratulations to tracy curry and stanley nelson. attica premieres tomorrow. up next, your tribute to the late colin powell. we'll be right back. back. and help you build a flexible plan for cash flow that lasts, even when you're not working, so you can go from saving... to living. ♪ let's go ♪ ♪ limu emu & doug ♪ so you can go from saving... to living. got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? 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i believe the answer to that question is up to us. to honor his legacy, i hope we do more than consign him to the history books. i hope we are a nation where we are still making his kind. >> listen real carefully and you might hear our savior say, colin, welcome home, and here is your starry crown. >> powell was 84 years old and will be remembered as one of the greatest public servants of our time. all in with chris hayes starts now. tonight on "all in", wow, that's a biggie. >> the end of the pandemic, at least as it relates to the united states is in sight right now. >> the american recovery, and great news about a new covid treatment. so why aren't the president and his party reaping political benefits? then new reporting on january 6th, the subpoenas is a fish flop in a deposition. are we headed to another contempt of congress vote? plus the mounting legal trouble for rudy as reported by all the networks. >> oh, my goodness, all the networ