and pieces of conventional wisdom and exposing something that we're going to get into that is very important for the money going into the country and the future of the federal government and the biden administration and that is whether there are actual limits on the republican party's avowed obstruction strategy in this post trump/biden era. this bill is on the way to the president's desk. it passed the house late on friday night. money for roads, bridges, ports, broadband and much more and the way it went down was interesting. everyone would like to say they saw things coming but i'm here to tell you, as we go through the evidence, as we do on the beat, not everyone saw it the way it went down. with 19 republicans voting for it in the senate and 13 in the house. and to be clear, if you check the math and this is speaker pelosi's battle if, if the 13 house republicans have not supported the bill on the late friday night clash it would not have passed, it would not but law when president biden signs it. they did. that is significant. biden came into this office facing all of these pledges of gridlock. and then we have the polarization that we all know about. and we have something that has become something of a punch line, the fact that the past president, donald trump, literally declared infrastructure week every few months. he turned it into a joke. but remember the premise was that infrastructure was something people might come together on and it was worth funding but he couldn't get it done even when we controlled government and the republicans controlled the other branch. biden argued that despite all of this, his leadership would involve working across the aisle to still get things done. >> historically infrastructure had been a bipartisan undertaking. many times led by republicans. and i don't think you'll find a republican today in the house or senate, maybe i'm wrong, gentlemen, who doesn't think we have to improve our infrastructure. so there is no reason why it can't be bipartisan again. >> if the republicans argue that we don't need infrastructure, they've been talking about a need for it for years now, i think the republican voters are going to have a lot to say about whether we get this done. >> that is what this new president argued. he did it in his own way, some call it dry, some call it calm. but that is what he set out to do. so if we're going to deal with evidence and if the country is going to deal in facts, which i realize is a debate, then we have to look at new facts that rolled in friday night. a new president, arguing that republicans should join the public support for the democratic party that he leads an the logical argument for infrastructure and we see the way he did that brought over enough to pass it. brought over the winning gap because without them he wouldn't have passed it. here are the 13 republicans. they did what apparently they thought was the right vote. perhaps some of them we can't read their minds, but perhaps some of them were warmed by this president's particular style which is not made for twitter, it is not made for dunking on people, it is made for governing, however dry that may look and sound. they voted yes on this and now they're facing attacks on the right, not by people saying that they oppose the spending and we can't afford it, but saying this is a political betrayal, that is courtesy of the right wing national review because it might help a democrat. the "wall street journal" saying republicans rescued biden's agenda, that is the problem. again, that is a publication that is supposed to focus on what is going on on wall street and main street. but parts of the paper more obsessed with stopping joe biden at all costs no matter what. meanwhile, republicans in congress piling on. >> a lot of people are mad because 13 republicans voted for it, gave pelosi and biden a win in their eyes and, look, that there is some truth to that. >> it was very surprising to me to see 13 republicans bail nancy pelosi out. i think what they did was put themself on a path to early retirement. >> early retirement. again there are many divisive issues. if this is something that the republican party ran against, i showed you they didn't, they claimed to be for infrastructure for four years and if they republicans reverse what they said they would do, there might be a logical argument. i'm here to give it to you state. and this is the concession of the long-term republican strategy that hardened under obama but it has gotten worse. the only goal of governing is to damage democrats. it is a gop playbook. it is obstructionist politics. they're not mad because they got caught. they're not just mad because it is all out in the open, understand what is happening here. those republicans are mad because it didn't work. because they failed. because they ran up against a president who, whatever his other potential faults stylistic differences, even people don't always want to see joe biden give a long speech, fine. he's not doing a tv show or a reality show. he's doing governing and he beat them and he beat them on friday night at their own game with republicans involved. so that is the republican anger at a new president who is apparently effective. and the noise could effect public opinion. we look for truth wherever it comes from. the culture, from poetry, from musicians and sometimes from the comedians, hbo's bill mar arguing that it is not a punch line but a reality check but look at the facts and the reality of what seems to be unfolding. >> the news is good. the economy is going through the roof. we added 531,000 jobs in october. that is a big number for one month. the dow, it was a book. could the dow ever be 36,000? now it is. the stock market has never been higher. we're out of afghanistan. covid is going way down. we have a shot and we have a pill. could i please return to real life. i left the coffee maker on in my office and -- >> i'm joining noud by the founding editor of talking points josh marshall and analyst juanita tolliver. josh, i say all of that because it is unremarkable. because it is just the truth. and viewers who know me know if we find areas where president biden is falling down, i'll report that. but what you see here seems to be a clear victory not only on funding these needs for america, but actually doing it the way joe biden said he would govern which is trying to bring on republicans when he could. >> yeah, you know, i'm in that category of people who say you should just pass things that you want to pass though that are important for the country and you shouldn't attach all of the importance to bipartisanship or getting some republicans. if you could pass it, you pass it. biden and some of his supporters come at this very differently and think that is really important. and he managed to pull it off here. and that is actually kind of a big deal. and i think what we see here is, you know, the republicans who voted against this in the house friday, they put out statements and they were all running around -- they were trying to run away from the fact that even though support this. they all started their statement saying, hey, no one wants infrastructure spending more than me. i'm mr. infrastructure. >> except the people who voted for it. >> yeah. but -- but some people said well vote was in the middle of the night. that was why i voted for it. or there is another bill that democrats want to pass, not this bill but a different bill and i don't support that bill so i voted against this bill. that doesn't make any sense. and yet others were saying, well, this is not really infrastructure spending. it is a secret socialist plan by nancy pelosi. but 19 republican senators, including mitch mcconnell, voted for this thing. and what you could see here is this is why the united front basically every single republican always voting against everything is so important for republicans. because if representative x said it is a secret socialist plan, well, if all republicans voted against it, and only democrats voted against it, if your average voter and you look at it and say maybe it is a socialist plan. but if 19 republican senators voted for it, including mitch mcconnell, clearly that is not true. and what you have exposed here and democrats in addition to having done something really good for the country, have an opening here to really help themselves political because the republicans who voted against this in the house have basically caught themselves out by saying, well, i actually kind of support everything that is in here and a lot of republicans support it. but i didn't vote for it because if i did, joe biden would get a win and that is my big priority, not having joe biden get a win. >> right. >> hard core partisans could understand that logic but most voters look at that and say are you kidding? >> totally. and that is on the politics side, juanita, people know about mitch mcconnell. he's pretty good at craven politics. him coming in now and voting for it tells you that if he could stop it, he would, because he said he was a hundo against anything biden pushes but once he sees it is passing, his political calculation is better to be for it than against it. >> that is right, ari. and i appreciate josh naming them, because they gave any republican in the house the cover they would have needed to vote for this, notwithstanding any threats from mccarthy or violating the sacred unification of their republican caucus, but they had the political cover to do this because what you also know is going to happen, ari, once the investments hit their districts they're going to lift this up and say look at these new money and jobs and projects coming into our district and that is where democrats need to stay on their neck and continue to emphasize to the general public and the voters that they helped carry this forward. yes, the republicans helped get it across the finish line and they shut be able to tout what they voted for, but for all of the other republicans, they need to be called out because they obstructed it to this point. they stood in the way. and they could have voted for this weeks ago when speaker pelosi kept putting out deadlines for vote and didn't have the caucus aligned but the republicans sat back on the side lines and now that it is passed, they'ring the good points and they're going to recognize the good points and i don't think democrats need to let them up, call them out on every turn. >> it is a big victory for this president or anyone who wants that kind of domestic spending at a time when there is signs that we need it. as for the double talk. here is republican rick scott, we have florida republican rick scott, take a look at this. >> as we saw with republicans who did not vote for the covid relief bill, but then went out and bragged about provisions in it, can you guarantee that is not going to happen with republicans, that they're not going to be bragging about stuff they didn't vote for? >> of course not. i mean, let's think about this. there is something good in almost every bill that passes that doesn't mean you support the entire bill. >> you have something that we don't always see, josh, which is republicans sort of dipping into procedure. trying to explain like, you know, the formula that haunted john kerry for or against it, i'm for part it or i couldn't be for it. that would suggest that to some degree that today they're on defense, josh? >> i think they're definitely on defense. there is a freshman representative from california named young kim who kind of a fresh new face among in the gop and she put out a statement after voting no for this where she said i totally support infrastructure. in fact, i helped write this bill. but, i'm going to vote -- i voted against it. why? because there was another bill that i don't support. well, that makes no sense. she was for it before she was against it and she wrote it before she was against it. this is an example, if you're in the political electoral process, if you have a question that your opponent cannot answer without seeming silly, you keep asking it over and over and over again. that is a swing district. she's, i believe, it is 39th district of california. democrats need to hit her over and over and over again with this nonsensical answer and there are many other republicans in marginal districts or challengers to democrats in marginal districts where democrats need to hit this vote over and over and over again. it is a big part of getting the best possible result for democrats in 2022. >> yeah. and it goes to the old saying, the only thing better than a bridge to nowhere is a bridge to somewhere. josh, and juanita kicking us off. i appreciate both of you. we have a bunch of other big stories including the allies of the former president hit with new subpoenas and also new reporting on the criminal probe in georgia. neal katyal is here and we'll have a new special report and it is a deep dive on how workers are actually finding a way to beat some corporations including ways we've never seen before. also, why some on the right are going after, you're not going to believe it, big bird himself. that story before the hour is out. stay with us. hi mr. charles. we made you dinner. aww, thank you. ♪♪ ♪♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward. and helping you plan for future generations. this is "the planning effect" from fidelity. >> man: what's my safelite story? and helping you plan for future generations. my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. 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according to reports. the legal pressure on donald trump and his allies goes well beyond congress. we've been keeping an eye on the atlanta d.a. who has been leading an inquiry since february and we could see a special grand jury convened according to the "new york times." now this report said that decision is not yet final. but it would be solely dedicated to deal with the election tampering. at the center of all of this is the infamous call between donald trump and georgia's republican secretary of state. >> so, look, all i want you to do is this, i just want to find 11,780 votes, which is one more than we have. the people of the country are angry and there is nothing wrong with saying that, you know, that you've recalculated. >> that is a language of a trumpian coup. he's trying to feed the kind of p.r. advice that someone else might use. he won't say recalculating. he would say he won the whole time. but he's trying there, four days ought from what would be the insurrection, to get other people in on the coup. the atlanta d.a. said trump's conduct could amount to many things including potentially the crime of racketeering. all of this comes days after the manhattan d.a. green lit the second grand jury digging into the trump organization financial dealings, and the cfo already indicted where do all of the legal paths lead. we have the perfect guest, neal katyal, when we're here back in 60 seconds. the only detergent with oxiboost and febreze. 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(vo) visible. unlimited data, powered by verizon. switch and get up to $200. we're back with neal katyal, former acting solicitor general from the obama administration. good to see you, sir. walk us through the news that broke today on the knew subpoenas hitting high level people in the probe and what it means if georgia convenes a grand jury. >> with respect to the january 6 subpoenas, thief subpoenaed a motley crew of individuals, michael flynn, bernie carrick, i'm glad to see congress is finally after 300 days more than 300 days since the capitol was attacked finally getting around to askle them to come and tell the truth. now all of the folks are afraid to go tell the truth in congress and we've already seen people like jeffrey clark and others refuse to come to congress and so these subpoenas may need to be enforced by the just department with criminal sanctions. but the goal here of these subpoenas is to try and get answers to key questions. most notably, this eastman memo like in particular who asked john eastman to write this memo, and when he wrote it, when they read it, what did they say, how did they react and john eastman famously said he couldn't remember who asked him to write the memo which is just ludicrous on its face. both of us owe lawyers. any client who asked us to write a memo on a boring thing like bankruptcy, we're going to remember let alone a coup memo which is what this was. this is a tep in the right direction. this is a long time in my review, but at least it is moving in the right place. >> i hear you on that. first of all, lawyers, even crappy ones, have a formal duty if they are representing any clients. and so to say that you don't know who requested the memo and who you wrote on behalf of is to suggest you're not minding that duty which is separate from whether this lawyer committed mal practice or force if he was knowingly stating falsehoods or spurring things that may have been a criminal conspiracy. i want to play for you the georgia secretary of state who was on the other end of that infamous call who was on msnbc today discussing all of this. take a listen. >> and end of the day president trump came up short and every allegation was never supported by the facts. as it related to fulton county, the district attorney, they've interviewed some of our people here and they've asked for do. s which we have supplied. if you look at grand juries, that goes back to the original constitution and you will comply. >> what does it tell that you the office has already begun to comply and yet they're still looking at going to the more escalating legal step of a potential grand jury to deal with what trump or didn't do. >> it looks like a special grand jury has been convened or about to be convened in this atlanta investigation. so it is a dedicated grand jury, ari, focusing on trump and i'm sure all that donald trump will take away from this is that he gets a special grand jury unlike a normal grand jury because everything he does is bigger. but i think it is significant. because it is suggesting to me that trump get what he wants which is people to stonewall the grand jury, raffensberger is going before the grand jury and to mee the key has been this bj puck character. he was the chief federal prosecutor in atlanta, he resigned in january in a huff and it looks like he resigned because donald trump was forcing him to use his position as a federal prosecutor to repeat election lies about the vote being stolen in georgia. and we don't know all of that. he has been interviewed by the january 6 committee. but if that is right, that is a serious abuse of power by the president. and if this accusation is coxing from dj puck, a republican former chief federal prosecutor and some of this as you said is being corroborated also by the georgia republican secretary of state brad raffensberger so taken together this is all very, telling a very potentially bad illegal story for donald trump. and it is fitting for donald trump to go down for as you say racketeering charges since he does run the world's like least subtle crime operation. it is kind of like the sopranos except every time tony kills someone the narration is thrown on instagram live because that is what he does. trump announces it to the world. >> it would be a tweet or maybe now a parlor or whatever else they're cooking up. neal katyal, thank you, sir. >> thank you. you could go to msnbc.com/opening arguments where we have this and other neal break downs, some of them are helpful as we try to make sense of all of this. up ahead, the special report i mentioned, how works are using shifts in the labor market to challenge corporate power. a special report to share with you tonight. and then the covid wars. the vax meltdown. ted cruz picking a fight with someone much bigger than him. i'm talking about big bird. stay with us. t big bird stay with us cough cough sneeze sneeze... 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ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. now to our special report. the u.s. jobs market continues to rebound over half a million new jobs in the latest monthly report pushing unemployment below 5%. that is racked up a jobs report for this new biden administration that dwarves donald trump's pretty puny performance there in his first year in office. and while any job could be a potential lifeline, something else is also happening. the pandemic disruptions are actually really up ending our normal labor market. it is moving the power pendulum back to workers who are striking, quitting and demanding much more from corporations than they have in a long time. >> the people now have the power and they're using it. >> a wave of worker strikes sweeping across america. >> i'm blown away. i didn't see it coming. >> if we have to sit out for work a little while, we will. >> during a record breaking year for the agricultural giant. $4.7 billion in profits so far. >> and we may see more high-profile strikes as unions out there demand. >> kellogg's union workers have been out here for 31 days with no end in sight. >> and now it is not a matter of if we will have a union, but when we will have a union. we will be the first starbucks in the union of 8,000 stores to unionize. >> i a lot of upset workers. we're just tired of being in the background and watching the ceo's make all of this money. >> those are some of the highlights around the country. what is happening right now. and the data shows that the shift is widespread. over 170 strike this is year. public that has soured on unions back from the heyday in the 1960s has changed. we now see public opinion warming toward organized labor with a 50-year high and the roots of the shift are deeper than the pandemic. america's wealth inequality hitting all-time highs. billionaires share their huge yachts to spaceships to keep their taxes literally lower than most workers. sometimes even hitting zero. the pandemic was the last straw for many as essential worker became another orwellian term in late stage capitalism. essential, a corporate adjective is that is not backed by corporate compensation or value when they could get away with it. and all that time at home may have lowered some of the fears associated with just walking out of a bad job because people continue to do exactly that even as the peak of the pandemic is now over. >> in august alone, 4.3 million americans quit their jobs. that is almost 3% of the work force. >> that is enough quitting to put a dent in how much some employers could just keep taking staff or replacements for granted. this is formerly pulling powner strikes but it could yield the same benefits as corporations feel some pressure from these moves. one person kwitding, that could be another day at the office. a million people quitting, that is an economic event. so as well airs broadcast their exploits and their space travels, some workers are tapping more populous means breaking out phones to share their actions against corporate capitalism. i'm going to show you a few highlights right now. some of this is just creative and interesting. other moves offer a third way between pushing back at work all alone, like just quitting when you've had enough and a formal union which as i mentioned is much more technically organized. the middle ground may be pooling it organically and broadcasting like mcdonald's workers coordinating the day they witness to send a message. ♪♪ >> hi, this is katie, i was calling to let you know that i'm not coming in tonight. or ever. >> i am quitting my job. so i decided to leave my boss a little message just because it is the respecialable thing to do. >> i went out to get my letter resignation and it is i'm sorry for your loss card. >> people could see co-workers quitting there and in their own life or at work but then in social media. now we've covered social media it has many cons including for democracy, but there are pros. people are now using these powers online to amplify how people can make these kind of moves. boss moves, by workers. this month a top economist calling this a social multiplier and citing academic researchers that finds workers at low wage jobs untd estimate how bad their jobs are when some workers quit and look for better jobs, seeing that, whether that is in person on online like i just showed you, seeing that could animate coworkers and observers to follow suit and quit. what are the results? a shift in demand for employers more desperate to hire and people are desperate for the jobs. so you have this gap of a million more job listings and applicants in august. applicants about 50% more openings than before the pandemic. that shift alone has some companies competing where they used to be in the driver's seat. they are reportinged will scrambling to offer new benefits, family insurance, and bonuses which jump from a rarity just 2% of jobs to now 12%. now under pressure, those companies are finding they have to actually value their workers, at least a little bit more. and that shows how this pandemic provides a stress test of how corporate and government policy works. take the extended government benefits or the biden stimulus check. led conservatives to argue that too many benefits or bonuses for workers or people between jobs would dissuade people from looking for jobs. that wasn't just talk. many red states acted on that logic. they stopped further benefits to people that they would have gotten from the federal government and the data is in and you should know as part of the report, those conservatives were wrong. the red states that cut benefits experienced job growth similar to or slower than growth in states that had benefits. that is a fact. not an opinion or a prediction. it turns out supporting people during a pandemic does not reduce their desire to still try to find a decent job just like raises didn't lead them to plan early retirement but invest in a liveable job instead of counting down the days to get out of one that is barely liveable. pandemics are rare. this one effected us in so many ways. but when it comes to the economy and our jobs and our place in it, we're seeing many people re-evaluate their lives, looking more closely at what they might be able to choose or control even if it means taking risks and pushing back in an unfair economy. observers say the change is real but it is hard to know if it will last. >> on the the one hand you could say optimistically this is a great re-set for labor relations in american history, on the other hand you could say this is a pause like an air bubble in history and it is going to resolve itself. >> the re-set shows that a different balance is at least possible right now. some of the companies that were pushed into the better labor policies are still fabulously profitable like john deere or kelloggs. others have not bended much despite record profits dur the pandemic as people did des pat consumer ordering like amazon. in this labor market it is just bringing more of the savage inequalities out into the open. it is proving that many workers right if they long felt that they do offer value, meaning they help these companies succeed without them these companies are nothing, and yet they felt undervalued in this current stage of capitalism. to paraphrase someone who won't from broke to a billion, sean carter, i always knew i was a prophet, but i couldn't find a decent job. he was saying he knew he could profit in a free and fair market, that is financial profit, and he could see as well what that future would look like, the profit who foretells the future. i'll say it again, always knew i was a profit but i couldn't find a decent job. how many americans feel like that, that they have value to offer and they are ready to work, but they are competing still in a market with few decent jobs. why? because greed like power concedes nothing without a demand. thats our special report. but we are not done. because next we get into ted cruz roasted and mocks over picking a fight with, of all people, a non-person. a fictional character, our friend big bird and that and the covid vaccine wars next. and the covid vaccine wars next. ♪ i'm chi lan, i am a mom, and a real estate agent. after having a kid, everything that you used to do for yourself goes out the window. the lines that i was seeing in my forehead were getting deeper than i was used to them being. and i realized, you know, what i can focus again on myself. so, what do you see when you look at yourself? i see someone who is growing and changing, who loves and is loved. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications including botulinum toxins as these may increase the risk of serious side effects see for yourself at botoxcosmetic.com ♪ feel stuck with credit card debt? 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>> yeah, i'm immunized. >> at the time my plan was to say that i've been immunized. it wasn't some sort of ruse. >> the opportunity to do this, you know, the homeopathic stuff came up. it was a way to stim lit my immune system to create a defense against covid. >> yeah, well, we saw how that defense worked out. he couldn't play on sunday but with the topic of conversation and mockery across this weekend. >> did you ever lie about being vaccinated? >> i never lied. i took all miff teammates into a huddle and got all of their faces three inches away from my wet mouth and told them trust me, i'm more or less um minized, go team. >> the joke is on rodgers and many sports fans basically had what became a kind of a national reckoning here because this was a particularly egregious thing when you go pass the liberty and into the line. nfl vets lake terry bradshaw weighed on in the issues on a highly watched halftime show. >> it would have been nice if he would have just come to the naval academy and learned how to be honest. learn not to lie. because that is what you did, aaron, you lied to everyone. >> we're a divided nation politically and on the covid and we have players that pretty much think only about themselves. >> only about themselves. i'm joined now by editor and chief laura basset, what does this issue and the way it played out in america's favorite past time, what does it do to the conversation on vaccines, do you think? >> well look, aaron rodgers lied. aaron rodgers is a hero for a lot of little kids, a lot of people look up to him. he's a major famous quarterback. and so the things that he said mean something to people. and he used that pulpit to spew disinformation and to straight up lie to his teammates who he buttsheads with every day. he put them in danger for a selfish reason and if we're going to talk about the nfl, we need to talk about the fact that colin kaepernick got fired from the sport for taking a knee to say something that was monnest about police violence against black people and here we have aaron rodgers refusing to get vaccinated and violating nfl policies and lying about it and he's going to be back on the field next week. what does that say about the nfl as an organization. >> this is a great point. and this isn't quote/unquote politics hitting the nfl, this is workplace safety as you mentioned and the biden plan date for example, offers testing. so you could get regular testing in those workplaces and then your peers and colleagues have at least the knowledge that you tested noegive recently or that day. that is very different than if you fake our test or lie to your colleagues. so it goes to something deeper. we did want to get your views on more than one aspect because it is a busy time for the covid culture wars. so let me bring everyone up to date i've been mentioning all hour. the vax wars have gotten to fierce that sesame's big bird is not even safe. the belowed character said he got the vaccine today and his wing is a little sore but it is important to keep everyone healthy, he explained. now how could quibble with that. ted cruz. who may be trolling his way into the public enemy role that he relished because he's jumped on this claiming it is government propaganda for your 5-year-old. if that sounds stupid and off base, that is because it is. children get vaccinated for school so it is not propaganda. they learn about this as a medical fact so they could understand this affects them and big bird was out getting his measles shot in public as far back as 1972. so, yes, america, the news tonight is that big bird has been repping vaccine safety. you might say he's been out in the sesame like he ain't in these streets more than sesame. laura, your thoughts? >> look, ari, we're talking about a muppet. ted cruz today picked a fight with a muppet. it's sort of perfect in a way because the man is totally useless as a senator. it froze in texas and he flew south to cancun -- >> boy were his wings tired. >> he and big bird have something in common, they both fly south for the winter. ted cruz obviously does not give a hoot about public safety. if he wants to make this a bodily autonomy issue, you don't care about that talking about women's reproductive rights. ted cruz is an idiot and hypocrite and it doesn't surprise me he's trying to get attention for picking a fight with a giant feathered bird. >> yeah. and it's not just him. take a look at the right wing media picking it up. >> a lot of propaganda about the vaccines being not directed to the parents, not information given to parents to make the decision but giving it directly to the kids in some really creepy ways including "sesame street". >> big bird is not hawking the jab for 5-year-olds on "sesame street." i told you 15 years ago "sesame street" are a bunch of communists and they're proving it once again. >> laura? >> again, i would like to ask the right wing media to look up the definition of communism. this is not a political issue. the fda approved the vaccine for kids at this point. this is an issue of public health and safety as you brought up earlier. measles, mumps, rubella, tetanus. we have all kinds of shots. this is how we eradicated polio. no one should take this seriously. >> yeah, fair. laura, you know what covid and sesame has in common? >> tell me. >> they could be hard to see but that doesn't mean they don't exist. >> okay, yeah. that's good. >> do you remember how big bird and snuff often didn't find each other? >> i don't remember that. >> you don't remember that? yeah, so snuff would come and leave and everyone else say he was just here and they didn't believe because if you don't see something with your own eyes. >> how long have you been planning that joke, ari? >> to be honest, the bad jokes come to me in the top of the dome. it's not in prompter if that's what you're asking. we have talented people at "the beat" that would never write a joke that bad. that's only from here. good to see you, laura. >> good to see you, ari. >> i held the silence because of the joke. >> it really hurt. thank you. [ laughter ] >> good to see you. all of our jokes end in silence here, that's why we're in the news business. i appreciate laura. always a good sport on more than one issue including sports. when we come back, one more update on an issue. stay with us. e update on an issue stay with us the only eggs with more fresh and delicious taste. plus, superior nutrition. which is now more important than ever. because the way we care... is anything but ordinary. only eggland's best. ♪♪ i order my groceries online now. shingles doesn't care. i keep my social distance. shingles doesn't care. i stay within my family bubble. shingles doesn't care. because if you've had chicken pox, you're already carrying the virus that causes shingles. in fact, about 1 in 3 people will develop shingles, and the risk only increases as you age. so what can protect you against shingles? shingrix protects. now you can protect yourself from shingles with a vaccine proven to be over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after vaccination with shingrix. the most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. talk to your pharmacist or doctor about protecting yourself with shingrix. shingles doesn't care. but we do. ♪ ♪ ♪ (sha bop sha bop) ♪ ♪ are the stars out tonight? (sha bop sha bop) ♪ ♪ ♪ alexa, play our favorite song again. ok. ♪ i only have eyes for you ♪ bogeys on your six, limu. they need customized car insurance ok. from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ instantly clear everyday congestion with vicks sinex saline. for fast drug free relief vicks sinex. instantly clear everyday congestion. and try vicks sinex children's saline. safe and gentle relief for children's noses. finally tonight, updates on two of the murder trials we've been covering. major testimony today in the trial of teenager kyle rittenhouse who fatally shot two protesters at a blm rally. the jury hearing testimony from the third person he shot and survived and recounted his experience to the court. >> what was going through your mind at this particular moment? >> that i was going to die. >> he also got emotional and asked why he didn't shoot rittenhouse in self-defense. >> after seeing the defendant shoot at one person at close range twice, shoot at mr. hubert in the chest once and having already been told by others in the crowd that he had previously already shot someone else, why didn't you take your own gun and shoot the defendant first? >> like i said, that's not the kind of person that i am. >> also more testimony today shining light onto the killing of 25-year-old jogger ahmaud arbery unarmed. the suspects never even mentioned about a citizens arrest at the time. that's the supposed defense but talked about quote blocking and quote cornering arbery. >> did brian ever say he was trying to make a citizens arrest of ahmad? >> no, ma'am. he did mention on several occasions blocking and one time he said cornering him in. >> this is how trials work. they will piece together all of this evidence and the defense will also get their turn but what we're seeing here is pretty strong testimony the prosecutors are putting forward that cuts against the types of defenses they anticipate these killers to offer. that somehow they did something they had to do, they had no choice or they were making somehow a lawful arrest, of course, if you knew you were making a citizens arrest, if you felt wrongly or right that that's what you were doing, wouldn't you tell the police when they arrived if you were making an arrest on their behalf? these are important cases and we'll continue covering them for you. thanks for spending time with us here on "the beat." our time is up but you can keep it locked right here. "the reidout" is next with jonathan in for my colleague joy reid. hey, jonathan. >> hey, ari, thanks very much. good evening, i am jonathan in for joy reid and we begin news on the january 6th investigation. there are a drop of six subpoenas that and the names read like a who is who of trump's closest aids and allies, they include trump's former 2020 campaign manager, johnjohn's

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