that's what led to this panic that has resulted in the deaths of eight people, 17 others were taken to nearby hospital and treated for their injuries. i want you to hear what the houston police chief had to say about this ongoing investigation. take a listen. >> i have investigators out here on the scene. i'm sending the investigators to the home -- i mean to the hospitals because we just don't know, and we will find out. is there anything criminal? we've heard rumors of people injecting some people of drugs, so i want to check all that out. >> reporter: certainly a lot of questions that still need answers right now, alex. we do know that that concert was canceled briefly after that tragic event took place. it was supposed to go on today as well. that has been canceled, but you had an incredibly large number of people, again, 50,000 that were in a tight confined area, and despite having first responders there and medical tents set up on site, officials say they were quickly overwhelmed with patience after this took place. eight people dead, 17 others injured from this incident that, again, as you heard the police chief say is still very much under investigation. alex. >> hey, morgan, can i ask, did i hear correctly that a 10-year-old boy was caught up in this, and do we know his situation? i mean, is he among the deceased, or is he in the hospital? do you know anything about this one particular case? >> reporter: we're still waiting to hear official word from authorities. unfortunately, we do believe that there may have been not teenagers but as you mentioned children caught up in this. as of right now, officials are waiting to give official word on the names and ages of all the victims. alex. >> oh, boy, terrible story, morgan chesky, thank you so much for bringing it to us nonetheless. let's now go to the breaking news out of washington where after years worth of infrastructure weeks, it finally happened, that half a trillion bipartisan infrastructure bill is just one presidential signature away from becoming law. president biden taking a victory lap this morning touting the achievement. >> we're looking more forward to having shovels in the ground, to begin rebuilding america, and for all of you at home who feel left behind and forgotten in an economy that's changing so rapidly, this bill is for you. the vast majority of the thousands of jobs that will be created don't require a college degree. there will be jobs in every part of the country, red states, blue states, cities, small towns, rural communities, travel communities. this is a blue collared blueprint to rebuild america. >> well, some welcome news after a rough start to the week for democrats. the president saying the message out of tuesday's elections is clear. >> i think the one message that came across was get something done. it's time to get something done. stop talking. get something done. >> this bill passed while also clearing a major procedural hurdle for the president's build back better plan. this all happened in a late night vote. that social spending bill now awaits a final vote in the house before it heads to the senate and then the president said this morning he is confident it will pass into law as well. >> let me be clear. we will pass this in the house, and we'll pass it in the senate. the build back better act will be a once in a generation investment in our people. >> there are a lot of details to get to on this. for that we go to nbc's monica alba at the white house for us, also dave grumbach. monica, we're starting with you. we played some of what the president said a short time ago. that went down maybe about two hours ago or so, but there's plenty to hear, so what more did you gather? >> reporter: and i was in the room for that, alex. just to bring viewers into the event a little bit, this was a different joe biden than we've seen at times over the last course of these months of his presidency. he was far more ebb ewe lent, jovial, saying finally infrastructure week. you could really tell this was a president who was incredibly pleased with this legislative victory. this is something he had campaigned on, something he had pushed, something he had promised to do in a bipartisan fashion. and that is exactly what congress will end up delivering and send to his desk for signature soon. so the president was in an excellent mood in terms of that piece of legislation that now will become law in the coming days, but he said there is still a lot of work to do left on this other piece, the social safety net and climate plan, that larger multitrillion dollars bill that still faces an uphill climb in the senate. the president kept repeating to the american people these bills are for you. i want you to know how you're going to benefit from them, and i actually asked him about some comments from a democratic congresswoman, abigail spanberger who in the wake of the disappointing results for democrats this week, those elections on tuesday, said of the biden presidency no one elected him to be fdr. they elected him to stop the chaos and return to normal. that is what she said to a reporter, so i asked the president his thoughts on that, whether he agreed with that assessment and how he views his mandate in the week of those dismal results. >> abigail's a friend. we had a long talk. she joked and said that i have a picture -- she said i have a picture of roosevelt hanging in my office, her office, okay. i don't intend to be anybody by joe biden. that's who i am, and what i'm trying to do is do the things that i ran on to do. >> reporter: the president also noted that, of course, he drew upon his dozens of years in the u.s. senate, personal relationships to try to get this bill across the finish line. we know he was making calls late into the night, the last couple of days he was urging his fellow lawmakers in his own democratic party to get on the same page, but as for what happens next, alex, the president said he does want to have a big signing ceremony celebrating not just with democrats but with republicans. there were some who supported this bipartisan infrastructure act, of course. that won't take place, though, for a little while because congress is out of session. they'll be back around november 15th, but they will do that to a lot of fanfare here. you can better believe there will be a major rose garden event, something like that, because they are going to be touting this especially heading into the 2022 midterms. the question is will that so-called human infrastructure accompanying piece of the build back better agenda also get passed. the president said he's optimistic. as you know, he needs to get the agreement of all 50 senators in order to make that a reality, and we'll toss it back to you alex, here as we are competing with some serious landscaing on this saturday. >> hey, i just want to say quickly, good for you, monica for anticipating my question. you don't have to answer it, but i thought there's either going to be a signing ceremony or the president's going to run down to the oval office in the wee hours of the morning and hut his john hancock on that one. anyway, i can barely hear myself how loud that is. thank you, monica, we'll check in with you again. from there to nbc's gary grumbach on capitol hill. the social spending package, because it's one down and a big one to go still. >> reporter: yeah, i was just going to say that one down and a whole lot more to do, and not a whole lot of time for congress to do it. now the focus comes to the bbb. there's all these acronyms out there. this is the build back better act, more of the human infrastructure side of things. we're talking about child care, paid family leave, provisions related to climate. how much of any of that is still in the air. what happened last night after midnight, was a vote on a rule. essentially think of it as a permission slip to be able to have the house vote on that final vote for the build back better act. that's not going to happen until after the congress gets back from their fall break around november 15th or so. so this is all going on right now in congress. members of congress are not mincing any words on how they feel about it. >> well, the whole day was a cluster [ bleep ], right? but beyond that i was just up there when we were going through all this a little while ago, you know, i thought everyone was working in a very congenial way, rank and file numbers figured out how to get it done. >> we can discuss it. we don't have to fall in lock step. we can have disagreements or different ways to get to the end, but we get to the end, and that's the most important thing. >> now, this bill has a long way to go before reaching president biden's desk. it is going to come back to the house of representatives for that final vote. but then it's going to go over to the senate, and you've got to talk to senate manchin and senator sinema about what they're thinking, and then it's got to be voted on by the senate and see what the parliamentarian over there thinks in terms what the rules are, and if it's okay to be voted on. then it comes back to the house for a final vote here, and then it goes to the president's desk. get your schoolhouse rock ready, alex, because it's certainly quite a process here. >> quite the process. thank you for outlining it for us, appreciate you, gary grumbach there on capitol hill for us. right now we're delighted to welcome to the broadcast, representative pramila jayapal, democrat from washington and leader of the democratic caucus. a really big deal when it comes to getting these bills passed. you've been out there with your thoughts and how this comes together. i guess a congratulations is in order because one has gone. there is another one coming. it's worked in a way that you are happy with, i presume. i'm going to ask you details on that, but let's get to what the president said. he hailed the passage of the infrastructure bill. i mean, it is a huge achievement, but the build back better bill simply got that rule vote and your progressive caucus had wanted a vote on both bills at the same time. so how did the equation change? >> yes, alex, it's great to see you, my friend. always good to be on with you. look, we have been committed to how we get both bills through, and i would just remind everybody that four weeks ago we had nothing on build back better. we had an infrastructure bill, but we had nothing on build back better. we didn't have a framework. we didn't have legislative text. we certainly didn't have a vote on the floor. we didn't have any agreement that it was actually going to pass, and what we were able to get last night is to the place where we were able to pass the infrastructure bill, get a firm commitment from all six moderates that they would vote for the rule, and you know, they were not wanting to vote for the bill at the time. they would vote for the rule, and that in ten days that they would vote for the build back better act once they studied the scores. they needed some time to look at the numbers, but they would vote on it, and that is a commitment they made to me. it's a commitment they made to the president. and it's a commitment they put into writing. and so i think that we have to think about this as what was our goal here, and look, the other thing that happened last night, alex, is that we progressive leadership and moderate leadership were able to get in the room and when i say moderate leadership, i actually mean the six that were -- you know, that were not there yet. we got in a room together and we worked out this deal on our own. that's what mark was saying when he said rank and file. we work this out on our own. the president, of course, helped and was really important to that discussion, but really, this was about can we look each other in the eye and start to reestablish trust because that is going to be essential for everything else we need to do, and there have been a lot of ways in which that trust has disintegrated, and i think this was a really important moment that i haven't seen anyone talking about yet where we were saying let's bring some creativity to the table in terms of how we solve this with the statement of agreement that they will vote for the bill, but also let's start to look each other in the eye and not allow other people to come in and try to negotiate for us. let's do it with each other. and i think that was a really important moment. i trust them completely. i will say that, i said that last night. i'll say it again. i trust that they looked me in my eye and said that they were going to pass the build back better act as soon as they had a chance to look at the fiscal information, and that will be transformative. we will send it over to the senate just as we anticipated with more in it, alex, than even what was laid out in the biden framework. now we have an agreement on pharmaceutical drug pricing. we have immigration, which is so important to our members. we have really a remarkable package that at this point is about 2.1 trillion. so i think this is a really fantastic agreement for the american people and delivering the infrastructure bill was a true honor to deliver that, progressives delivered that bill. without us it would not have happened and we delivered that bill to the president and he's going to be able to sign it. >> listen, major kudos on all of this, and you should be lauded for getting this all together. but to your point of looking colleagues in the eye, did you look in the eye of six of your progressive colleagues who you know voted against infrastructure, we're showing them on our screen. did you know they were opposed, and were you aware that it was just enough of a number to actually send a message but not enough to stop the infrastructure bill from passing? >> yes and yes. we did, and listen, they would have been with us had we reversed the order of the bills and done the rule first, and the bif second, which we tried to get for quite some time. we were not able to get that, but they would have been with us if we had done that. but they really also had had tremendous principle in feeling that they -- look, this is hard situation where trust has disintegrated on so many levels. i have been very clear, alex, to never call out people because i believe we just -- we have to work together and i think we've just got to recognize that we have very slim margins. the senate has to recognize that we have slim margins in the house. the house has to recognize the senate has slim margins and we collectively have to recognize we have slim margins. that's what leadership is about is getting us to a place where you can do what you need to do and allow some space for members to be able to do what they need to do. we delivered enough votes to pass the bipartisan infrastructure bill as we said we would. frankly, it also made more republicans vote for the bipartisan infrastructure bill so that it could be more bipartisan because i'll tell you you, had they not -- you know, had they not voted no, then fewer republicans would have voted yes, and so i think this was a big win for everybody. >> yeah, i'm just counting up republicans. i believe there were 13. i think my addition is correct, who voted yes and crossed over and did that. can i get some of the details of the reassurances that you did get about build back better that made you agree, okay, we're going to push through infrastructure now? >> well, we worked for hours, and you know, people were saying -- our leadership was saying you have to do this, you have to do this. listen, negotiation takes time. this was between me and members of our caucus and josh gottheimer and members of their caucus, and we sat down and we worked out the language of the statement in some details so that we all felt comfortable with it. we looked each other in the eyes. we made commitments to each other, you know, they made them directly to me, and i think that is, you know, it took some time. but i think this is where we have to be careful, if you put up a vote without consulting with the caucus, with both sides of the caucus, this is what's going to happen, and we've signaled that again and again, but last night we were able to take the time we needed and be able to work together to get this done. and i really give credit to josh and the six for sitting down with us for such a constructive conversation, and for committing to move the build back better act forward. i believe them, they will. >> did president biden tell you that senators manchin and sinema are on board with build back better. those two names have become very familiar in the vernacular of americans sitting around watching news and watching this unfold. they have long been the potential stumbling blocks. >> well, i've had my own conversations with both of them. i will say that, you know, the conversations with senator sinema have been really productive, and i think whatever assurances she has given to the president, we did make the determination weeks ago to trust the president on delivering us 51 votes in the senate. i mean, that, we had decided that's what we were going to do. yes, i've had enough other conversations with other senators as well as those two, as well as the president where, you know, i don't have 100% certainty, but i feel that we need to trust the president. this is what he said he would do, and i think he'll deliver on it. >> in terms of time of pushing build back better forward, when does the senate vote? when does the house vote? does this get done by thanksgiving? does it get done at least by the end of the year? >> well, our hope was to get it done by thanksgiving. i think it's still possible, though, you know, the senate will have to move quickly. what our agreement says is the vote will happen in the house no later than the week of the the 15th. if it could happen at the beginning of that week, that would be ideal. we'll send it over to the senate. well, actually, then it has to -- i think in the meantime, we can get the bill scrubbed from the parliamentarian to make sure there are no parliamentary challenges. then we can send it over to the senate and senator schumer has said they would take it up immediately. he needs to make sure that that happens and they need to then deliver on the bill in the senate with all pressure on every single one of those senators to get it done quickly. >> yeah. on a personal note, i know that the president called you. you've spoken with him a number of times over these past few weeks in negotiations. he really took the charm offensive if you will to a whole new level by calling your mom in india. tell me what that was like for you, and did it surprise you. did your mom call you and say you're never going to believe who just called me? >> this actually goes back to when the president and i were meeting at the white house one on one, we had a wonderful meeting. this was a couple of weeks ago, and at one point, you know, i said to him, you know, i want a picture because my mom can't believe that a little girl from a village in india could be having a meal with the president of the united states. and he said -- he said to me, well, you know, his mom couldn't believe a little boy from scranton was the president of the united states. it was a beautiful moment, and next thing i knew i got a call from him saying that he wanted to call my mom and this was back several weeks ago, and you know, that didn't happen and last night i was joking with him after we had reached the agreement, and i said by the way, i told my mom you were going to call her so you're going to have to call her now, and i'll tell you what that man is good. he knows how important moms are, and he called my mom and she was -- what she said to me is she said i screamed like a little girl, i was dancing on air speaking to the president, and she said and he's such a kind man, and i think that's true, you know, joe biden is a kind man. he is a wonderful president, and we have done everything progressives have had his back at every step of the way, and i believe he knows that. we really have done everything we can to make sure that the build back better agenda passes the entirety of his agenda so that he will be the most successful president in the most difficult time that we have seen in recent history. so it was a lovely -- to the evening. >> i love the smile with which you delivered that story, and also, your mom must be so proud of you. that's just awesome. so congresswoman, always good to see you, my friend. thank you so much, and get back to work on build back better. got to get that one done too. thank you so much. >> we will, thank you, alex. >> okay, have a good one. meantime, outrage, controversy, andbewilderment. i'm going to ask -- how could the jurors in her son's case be so 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time, mr. arbery is under attack. >> i decided to remain in so i could get familiar with what happened to ahmaud the last minutes of his life. i'm glad i was able to stay strong. >> gregory mcmichael, his son travis and william bryant face nine charges including murder, aggravated assault. a jury selection process that seated 11 white and only one black juror. >> i'm joined by lee merritt, the attorney for arbery's mother. welcome to you, what a graphic day in that courtroom for the entire arbery family. but lee, the fact that that video even exists, that's what's brought attention to this case, and it might not have otherwise been seen, right? how important is this video? >> the video evidence is critical in the case. we went for 74 days without criminal action in the case, no arrest, not a real thorough investigation before the georgia bureau of investigations got involved, and it was because of that video that was taken by one of the men who is now charged with felony murder in his death. >> remarkable, actually. another interesting point, and it's a major point of contention. that's the jury makeup. 11 white jurors, just one black juror. how does that happen in a county where about 27% of the population is black. you would think that at least three, if you were doing proportionate, right, breakdown, you've got the judge addressing this discrepancy this week. take a listen to what he said. >> this court has found that there appears to be intentional discrimination in the panel. quite a few african-american jurors were excused through preemptory strikes exercised by the defense. but that doesn't mean that the court has the authority to re-seat. >> you heard what he said explicitly. there appears to be intentional discrimination, so how do you interpret this? how do you think this could impact the outcome of the trial and whatever the verdict, does this pretty much guarantee another trial on appeal? >> there were 65 jurors qualified initially. of those 65, 12 of them were african-american, and the defense team used 11 strikes to go directly towards the african-american group that was there. as the judge pointed out, that was intentional. however, they were able to offer non-race related reasons for doing so. and the judge said that he believed that because of that, his hands were tied. i disagree. i think the law would have allowed him to re-seat those 11 jurors who were struck or at least some of them and the failure to do so will impact the outcome of this trial. it doesn't create an appealable issue because that's a complaint from the prosecution. the prosecution really only gets one real shot at this unless there's a hung jury. >> so lee, you've seen what's going on in the court. can there be a fair trial given what you've seen thus far? >> we already know that there won't be a fair trial? because we don't have a fair jury. can we have a successful trial? i believe we can. unfortunately victims of racial violence have to overcome a system that has proven itself over and over again racially biased against african-americans. it's a hurdle we knew we would have to face. fortunately there's an additional safety net here, there's a federal prosecution immediately following. >> here's a question, the defense says that it was their duty of the defendants to protect their neighborhood, and they had reason to believe that arbery committed a burglary. did they have the evidence on that fateful february day to make this claim? >> we found the duty theme of the offense to be exceptionally offensive because there was no evidence that ahmaud arbery was engaged in a burglary. the dwelling that he reentered on his jogging trail night after night was an open dwelling. it was a house under construction, and ahmaud arbery has a background in carpentry. it made sense he would go in there and look around. the evidence shows every time he went in that building, it was on tape, it was filmed. he never did anything nefarious. he never took anything, never broke anything. he paced around and looked around. the evidence is clear he had not committed a crime. they had no reason to believe he was committing a crime. one part of the evidence that came out during the trial that was new to me was the deposition of the homeowner who said i've seen that young man on this property over and over again, and he has never done anything criminal. that was communicated to mcmichaels and law enforcement in the area that at best he was guilty of trespassing, which was a misdemeanor. >> yeah, the whole thing. can i just ask you how is your client doing right now after the day she had to go through? >> wanda made a very difficult decision that she wanted to be in the courtroom for every minute of the trial. we heard from the first witness who provided first aid to ahmaud or attempted first aid. which means she had to come up close to very graphic pictures of her son. he was cut down. he was shot at close range with a buck shot shotgun, and she has been impacted by that. she has you know, communicated to me that she's really struggling today and we're fortunate she's under the care of trauma therapists who are helping see her through this process. >> bless that poor woman. lee merritt, i know you're going to do your best in this trial. thanks so much for speaking with us. what a difference a day makes for president biden and his political fortunes and yet, the best of his agenda may be yet to come. the hurdles that may lie next. . the hurdles that may lie next. reminds her that she has se the farmers home policy perk, guaranteed replacement cost. and that her home will be rebuilt, regardless of her limits or if the cost of materials has gone up. 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the way he presented everything, the tenor of things. talk about that. >> well, look, i think he has reason to be excited, to simply proclaim that we finally achieved infrastructure week is probably in and of itself an accomplishment. i think he understands the importance of this. he's put a lot of stake in this in his presidency. he understands that it will build jobs, create jobs, that it's going to create the infrastructure of tomorrow for things like electric cars. i think it's a huge win, and i think it's an important first step. alex, the process of this has overwhelmed the substance at nearly every step thus far, so his remarks today are incredibly important, and they've got to be repeated constantly between now and the midterms elections so that we get away from the coverage on the process and get an understanding of the substance so that the american people can feel this. >> let me give you a couple more points then, just to add to your point and what you would like to hear from me, i'm sure, my friend. that is that it's going to give americans access to high speed internet. it's going to get rid of all the lead piping in this country, the situations that we've been hearing about, deplorable ones affecting the health of michiganders and others across this country. there's a lot going on in fixing our roads and bridges. it's good every way you look at it. the question for you is how big of a deal is this for the president and for democrats as a whole? >> it's a huge deal. we need many more monumental fridays in order to tout the amazing work that democrats are doing. democrats were elected to deliver, to act, to fix things and to do what they did on friday. they not only delivered an historic infrastructure bill, they had a monumental jobs report that shows that wages are going down and that the biden recovery is booming. they announced vaccines for children. they announced an anti-covid pill. so what happened on thursday and friday is just a snippet of biden's accomplishments that they will be touting ahead of the midterm elections. and if i were the national party right now, i would be going up with ads in many of these districts touting these accomplishments, telling people that it was democrats that delivered. it was democrats that are getting us out of this pandemic. it is democrats that are continuing to create good middle class jobs for you and your families, and if they do that over the next year, then we will be successful in 2022. >> i just want to make a point, you said something, you meant the unemployment numbers are going down, but wages are going up. there was a little syntax there. >> yeah, sorry. >> no, it's cool. so you know, it's pretty amazing how much of a difference just a few days can make when you compare how democrats were feeling wednesday to today, kurt. you were on the ground in virginia, you were talking to the voters about all the issues they care about. once these bills become law, will they help democrats on those specific kinds of issues. they do have to get out there and get the message across. >> right, well, you can pass all the legislation you want, if you don't sell it right, it won't ultimately matter. that's really what the job now is for democrats going forward. so much of the conversation, alex has been about what government does to people. well, now we have a chance to redefine what government can do for people. government is not a thing to be feared the way that republicans try to portray it. government is not a thing that is an instrument of bad or harm. here we have a bill that was almost universally opposed i republicans that will make your air cleaner, that will make your water purer. that will make our planet safer. that will create jobs increase wages, lower energy costs. if you are a republican running in office in 2022, good luck trying to sell that you want to deliver for the american people when you are the party that opposed all of these initiatives. this is bigger than just infrastructure and roads and bridges and tunnels. this is a jobs and economic growth package. it is one of the most robust things we have seen in american history, and it is going to be important for democrats, for every single democrat candidate, member of congress going forward to talk about it in those terms. big figures, big dollar ticket items, it gets a lot of attention and makes for a great headline. the average american has a hard time wrapping around their arms of $50 billion for this, $10 billion for that means, we need to break it down and show that this is something that delivers for people in a tangible way. >> let's take a listen to what the president said about the message he took away from tuesday's elections. here it is. >> i think the one message that came across was get something done. it's time to get something done. stop talking. get something done. >> so was tuesday the wake-up call that democrated needed, robert? was it better to get a wake-up call now in november of 2021 than a year from now? >> undoubtedly it was better to get it now than it will be in a year. i desperately hope it was the right wake-up call. i think what you saw, you saw the house act. i mean, there's nothing quite as clarifying as listening to a concession speech. so i do think it was important. let me build off something that kurt said. it's really important, too, that over the course of the next year we make this a choice and not simply a referendum, right? we've got to put in front of people not just what democrats are doing but what republicans aren't doing. there has to be a forward-looking vision, and we can't simply depend on rolling out donald trump or the ghost of donald trump and saying, hey, don't vote for them. vote for us. there's got to be something bigger and more tangible. we have to live where people are living, and i think there's a lot that i think has to go into making 2022 successful. i think a general improvement in the overall political environment, you saw that, the covid pill. we have 80% of people now in this country, adults that have taken one shot because mandates work. the jobs report is getting better. it's not hard to envision a climate that's much better a year from now than we have had over the past three months that culminated in election night on tuesday. >> to both of you, terry mcauliffe liked to tweet by jake sherman a highlight of the infrastructure vote. might he be suggesting that tuesday's outcome could have been different for him if it happened before election day? >> i don't think it would have hurt, and a deliverable from washington, especially in a state like virginia that is so close to washington, and those voters are tune instead to what congress is doing, it would have definitely helped. whether it would have been enough to get him over the finish line, i don't know. but i also want to point out that glenn youngkin is a very different candidate compared to many of the senate candidates that are running in 2022, so republicans might want to run like glenn youngkin, but the reality is that many of them are already part of the right. >> last word to you, kurt, do you think it could have pushed him over the edge if that bill passed, i'm talking about terry mcauliffe? >> i don't, and i'm not even thinking that terry was a -- terry mcauliffe has been an advocate for the things that were passed in this bill for a long time. i think he like many democrats are very happy that something is finally coming out of washington that will make a tangible impact in everyday lives of everyday americans. he's still going to be an important figure in this party. he's still going to be someone who's fighting for the right causes. who knows what role he'll play in government in future administrations. i think he's staying part of that conversation, these issues, these ideas, these policies, they're more important and bigger than one campaign. terry knows that, i think he's showing his support for it. >> curt, xochitl and robert, thank you so much. appreciate you all. another state is now considering an abortion bill similar to the very restrictive one in texas, some very interesting comments from justices this week. we're going to play those remarks for you and get reaction from former texas legislator wendy davis. former texas legisr wendy davis. so subaru is growing our commitment to protect the environment. in partnership with the national forest foundation, subaru and our retailers are proud to help replant 1 million trees to help restore our forests. subaru. more than a car company. trelegy for copd. 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>> amy cone knee barrett, brett kavanaugh. joining me is former texas state senator, wendy davis. welcome back, it's good to have you back so soon again, wendy. you just heard two of the court's conservative justices, they were expressing doubts about the constitutionality of the texas law. chief justice john roberts also expressed some concerns, so how about you? what was your takeaway from what they were saying and is the texas law now on shaky ground? >> i think it's definitely on shaky ground, alex, and certainly we were feeling a lot more hopeful after the hearing on monday than we were prior to the hearing, but i think it needs to be understood that these justices are bringing forward concerns about the constitutionality of this law, not through a concern for abortion but because if states are allowed to override constitutional precedence by simply putting enforcement authority in the hands of private citizens as texas did here, this could extend to overreaching and overriding other constitutional protections, second and first amendment as well. >> yeah, and to that point, let's take a listen to brett kavanaugh who is making exactly that point. here's what he said about it. >> the firearms policy coalition says, quote, this will easily become the model for suppression of other constitutional rights with second amendment rights being the most likely targets. end quote. and it could be free speech rights, it could be free exercise of religion rights, it could be second amendment rights. if this position is accepted here. >> so whether this law could set a precedent allowing states to infringe other rights, how much might this factor into the high court's ruling? >> i think it will factor into their ruling on this specific law because they know that on december the 1st, they're going to be hearing the mississippi law that has put a limit on abortion, of course, at 15 weeks, and that they have an opportunity still to express their discontent for roe through that mechanism and i think it could be so widespread and so abusively used, we are probably going to see them at least for now, give us a reprieve from the application of this law, and i expect that we're going to hear from them any day in that regard. >> there was an op-ed in the "new york times" in which mary ziegler writes, we can now see the playbook for overturning roe v. wade, she goes on to say there are strong reasons to believe that the justices calculated they needed political cover for overturning or badly damaging roe v. wade later the supreme court term and this texas law just might give it to them. what do you make of that assessment? >> i think that's absolutely right. you know, the texas law was so extreme and so completely limiting, and essentially ended the protections of roe in our state, and so by comparison that 15-week ban in mississippi somehow the middle has been redefined, where that seems less extreme, and it may give them an opportunity as justices who are worried about their legacy and certainly chief justice john roberts worried about his, it may for their self-comfort give them an opportunity to feel as though they are not going to be viewed as extreme if they uphold that 15-week ban that mississippi passed. >> okay. wendy davis, given what lies ahead, i know we'll be speaking with you soon. thank you so much for your insights. meantime, hundreds of qanon supporters gathered in dallas this week because they thought -- ready for it? jfk jr. was going to come back to life to reveal himself as donald trump's running mate. what is behind this new ridiculously failed prediction for qanon and what it means for this fringe conspiracy movement next. means for this fringe conspiracy movement next are you gonna stop me? uh-oh... i'm almost there... too late! boom! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. everyone remembers the moment they heard... “you have cancer.” how their world stopped and when they found a way to face it. for some, this is where their keytruda story begins. keytruda - a breakthrough immunotherapy that may treat certain cancers. one of those cancers is advanced nonsquamous, non-small cell lung cancer where keytruda is approved to be used with certain chemotherapies as your first treatment if you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion or memory problems, muscle pain or weakness, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions, including immune system problems, or if you've had an organ transplant, had or plan to have a stem cell transplant, or have had radiation to your chest area or a nervous system condition. today, keytruda is fda-approved to treat 16 types of advanced cancer. and is being studied in hundreds of clinical trials exploring ways to treat even more types of cancer. it's tru. keytruda from merck. see the different types of cancer keytruda is approved to treat at keytruda.com, and ask your doctor if keytruda can be part of your story. ♪♪ three times the electorlytes and half the sugar. ♪♪ pedialyte powder packs. feel better fast. so yet another qanon conspiracy has come and gone with nothing to show for it. hundreds of qanon supporters gathered in dallas at day daly plaza. they believed kennedy's son jfk jr. who died in a plane crash was going to show up and reveal himself at the site where his father was shot. that's not all, the qanon followers believed he was going to announce he was running as donald trump's vice president in 2024. joining me now is ben collins, senior reporter for nbc news who covers disinformation, extremism and the internet. where, ben, did this wild idea begin that, by the way, trump is related to the kennedys and the late jfk jr. would come back to life to become trump's republican running mate? >> i think it's important to realize that this started with q, from qanon. q is that fictional character basically that posts anonymously on the white supremacist website. q many years ago posted very vaguely president trump and jfk jr. and then he said just like think about it. when you tell conspiracy people to think about it, they don't think what connections do these people have. they think very simply. they think jfk jr. is still alive and they're going to run together. the horse was out of the barn by the time q was able to reel this in. q tried to stop this, q this anonymous poster said he's not still alive. he's like don't think of it that way. it doesn't really work that way, but you know, like i said the horse is out of the barn here. people on telegram who became q influencers over the last year and a half ran with this. they decided that jfk jr. was still alive, was going to reveal himself as donald trump's running mate and that there is a bunch of elaborate conspiracies around this, and he would basically become president again, donald trump this week. >> uh-huh. it's so fringe. it is certainly rejected by some of the most about qanon followers. what does it tell you overall about the movement and about what we saw in dallas? what is going on within qanon itself? is it divided into competing layers and factions? >> it is divided. i don't know if they're competing. they're all trying to build their own personal history. these people don't really hate each other. they are just excited about the fact that they all believe donald trump is still the president, and this is a very niche version of this. this is people following two specific telegram influencers with hundreds of followers. the much larger, broader section of qanon followers do not believe this. they kind of make fun of this. if you believe in qanon, you believe that there is this large pedophile gang running the world who is killing babies to drink their blood. all qanon people believe this, and then there is this tiny subset that believe that jfk jr. is involved. that tiny subset showed up by the hundreds in dallas this week, and not a lot of people believed this would happen. it shows how large this movement really is. >> yeah. stunning. leaves me speechless. i'm glad i have a commercial break to try to get my head around it all. ben collins, thank you is much. it's good to see you my friend. come talk about these kinds of things anytime. the fbi is investigating a break-in at the home of president biden's daughter and the reported theft of her personal diary, where it was found has federal agents asking a lot of questions. you have to wonder why the fbi is involved in the first place. . the journey is why they ride. when the road is all you need, there is no destination. uh, i-i'm actually just going to get an iced coffee. well, she may have a destination this one time, but usually -- no, i-i usually have a destination. yeah, but most of the time, her destination is freedom. nope, just the coffee shop. announcer: no matter why you ride, progressive has you covered with protection starting at $79 a year. voiceover: 'cause she's a biker... please don't follow me in. bipolar depression. it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or stroke. call your doctor about fever, stiff muscles, and confusion, as these may be life threatening... ...or uncontrollable muscle movements, as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription. and pay as little as $0 feel stuck with student loan debt? 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