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tv   Chris Jansing Reports  MSNBC  August 15, 2024 11:00am-12:00pm PDT

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experienced this or know people who have experienced this. what in god's name will happen if my wife gets breast cancer or i get sick or my children get seriously ill. how can we pay for the prescription drugs, these are the discussions, you know it. do we have enough insurance, can we afford the medical bills? we'll have to sell the house or get a second mortgage. these are discussions that took place at my house and your house. kamala and i both get it. we know it isn't just about health care, it's about your dignity. it's about your dignity. it's about peace of mind. it's about security. it's about taking care of your family. it's about giving folks just a little bit more breathing room. look, i believe health care should be a right, not a privilege in america.
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[ applause ] and we are here to make a major announcement in an effort to lower the extraordinarily high prescription drug prices. before i do, i want to thank governor wes moore, members of congress. i served in the senate for 270 years. [ laughing ] i know i only look 40, but i'm a little bit older. i was too damn old, i was only 29 when i got elected, now i'm too damn old. i tell you one thing in between, one of the finest, most decent men i have ever worked with, when i think of integrity, it's ben cardin, stand up. stand up. i really mean it. [ applause ] i measure people i
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work with by their integrity. he does what he says and says what he does. look, folks, also, you know, for the longest time, she tried to pretend she was irish. she's a great friend and one of the greatest leaders in this country. congressman, stand up. thank you, pal, thank you. and your soon to be senator, where is she? a hell a lot easier than being a county executive. i was a county official. they expect you to solve every problem.
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you don't have the authority to do it, and you don't have enough money. i told her, i'd campaign for or against her, whatever helped the most. members of my administration, sarah, hhs, brooks la salle, cms administrator is here today, and let me say something. we're all thinking about my good friend, and he is a really good friend for a long time, steny hoyer. [ applause ], he represents the western shore of delaware. you all think we're kidding. we have that fight all the time. i wish him a speedy recovery. i understand he's doing well. folks, this is a fight all of us have been fighting for a long time, taking on big pharma. we pay more for prescription drugs. it's not hyperbole. we pay more for prescription
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drugs than any advanced nation in the world. i could take out an air force one, and if you have a prescription from a drug company in america, and fly you to toronto canada, fly you to paris, france, anywhere around the world and get you the same prescription from the same company, for 40 to 60% less than we pay for it here. too many americans can't afford the drugs they badly need for life and death. so they skip doses, cut pills in half, forego prescriptions entirely because prescription drugs are totally unaffordable. the woman you have all met, the nurse you just met was paying $900 a month. well, guess what, she's going to pay nowhere near that. she's going to pay, guess what, beginning in january, every single prescription drug she
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has, including god forbid if she needs a really expensive drug, like a cancer drug, maximum she ever has to pay is $2,000 period. [ cheers and applause ] from the time i was in the senate, i worked tirelessly to give medicare the power to negotiate lower drug prices, just like the department of public affairs. i was reminded by my staff, one of the first major bills i worked on was 1973. i cosponsored legislation led by frank church that let medicare negotiate the cost of drugs. 1973 this fight has been going on. you know, the va pays, as they should, 50% less than medicare because va can negotiate the prices. but for years, big pharma bought medicare for negotiating lower prices, the consequence, they're able to maintain the exorbitant
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price increases and profits are uncalled for. look, at this time, we finally beat big pharma. [ cheers and applause ] and i might add, with no help from republicans, not a single republican voted for this bill. period. not one in the entire congress. [ booing ] the reason i say that is not to make a political point about them, if they had gotten the lesson, but guess what, the guy we're running against, what's his name? donald dump or donald whatever, he wanted to get rid of this, what we passed. they're fight to go get rid of what we just passed. no, i'm serious. no help from republicans to pass the inflation reduction act thanks to the tie breaking vote of kamala made it possible.
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folks, it really matters. for example, take the insulin needed to treat diabetes. the guy who invented that insulin 100 years ago didn't put a patent on it because he wanted it to be available for everybody. you know how much it costs to make that insulin? $10. that's the god's truth. $10, number one. number two, to package it and ship it, you might get it up to $13, but they were charging up to 400 bucks a month for it. now they can't charge more than $35 a month. [ cheers and applause ] it's a big deal. [ chanting thank you, joe ] look, $35 a month. these guys still make enormous profits, that's three times what
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it costs them to make it. the initial legislation capped the cost for everyone on who needed that insulin. how many know anyone who needs insulin for diabetes, raise your hand. okay. well, guess what, in the next three months, i'm not leaving here, and kamala is going to make sure if we don't get it done, everybody should qualify for that $35 a month. every american. i mean it. folks, that's not all. the same law we wrote, started in january of this year, every senior in the united states of america, no matter what their cost of drugs, and like i said, some of these cancer drugs are 12,000 bucks a year. every single penny they spend, they never have to spend more than $2,000 a year for all drugs, all drugs. and we're going to fight to make sure everyone qualifies for that
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as well. look, all together, not only saves lives but here's the point people don't talk about, it saves the taxpayers billions of dollars. well, what we've done so far will save the taxpayers over the next ten years, $160 billion. i mean it. because they don't have to pay the exorbitant price that medicare had to pay before. they're going to pay $35 out of 400 bucks. folks, the savings are only going to increase for american taxpayers, because it matters. look, that's not all the inflation reduction act is. last summer, i announced under that law, medicare is going to select ten drugs a year, going up to 20 until we get every single drug every year. drugs from everything from heart
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failure, blood clots, kidney disease, arthritis, blood cancer, more, and today i'm proud to announce that medicare has reached an agreement with all manufacturers on all ten drugs selected in the first round of negotiations. new lower prices for all ten drugs will go into effect in january of 2026. not this january. next january. negotiations cut the price of ten drugs for judy and others who are medicare, nearly 40 to 80%, depending on which drug it isment -- it is. non-insulin drugs is only going to cost $115. by the way, these new prices accumulating $1.5 billion less out of pocket for patients to the drug companies.
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lower copays remaining for 9 million seniors who take these drugs. that's not all. we're also saving the american taxpayer because of the new changes $6 billion a year because medicare won't have to pay out. imagine that. $6 billion a year. what we can do for child care, and health care and so much more. we're just getting started. under the law i signed, medicare can negotiate lower prices for another 15 drugs next year, 15 the following, and 20 after that, until every drug is covered. that's the law. now, now. this is another really big deal. it means that americans can save more money on life-saving medications they need and deserve and bring peace of mind. it's hard to explain. kamala and i are going to keep fight to go lower the prescription drug costs for everyone, not just seniors. it's a fight that we have to
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continue. folks, guess what, surprise, surprise, big pharma doesn't want this to happen at all. the pharmaceutical industry last year spent $400 million lobbying the congress to stop this. 400 million. worked pretty well. they didn't get one republican voting against them. they all voted for him. republican allies stuck with them. and the ability of the federal government to negotiate lower drug prices tried to be stopped. kamala and all of us in this room are going to keep standing up for big pharma. i fought too damn hard to yield now. we're not backing down. and get this, you may have heard about the migrant republican projec -- maga republican
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project 2025 plan. they want to repeal medicare's power to negotiate drug prices, let big pharma charge them whatever they want. let me tell you what our project 2025 is, beat the hell out of them. i mean it. they will be capped at $2,000, no matter how expensive they are. some are as much as 12,000 a month. kamala harris and democrats in congress will make that $2,000 cap covers everyone, not just seniors as well. our project 25 will lower costs for you, your families, instead of handing big pharma, a big blank check. look, in the process, this is
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what we don't talk enough about, i don't think, in the process, we're going to save the taxpayer, the budget is going to be reduced by hundreds of billions of dollars. hear me? hundreds of billions of dollars. since the first year, the first thing we passed is $160 billion less that the government's going to have to pay out to pharma. but guess what. education, health care, could pay off so much more or it could just simply reduce the deficit, he has exploded. folks, that's what i call a win. my predecessor tried to repeal the affordable care act, obama care, they tried to repeal it over 50 times. we stopped them. along the way, i made the affordable care act even stronger. protecting millions more americans with preexisting conditions. guess what, there's over 40
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million. maga republicans in congress don't -- want to cut medicare and social security, why? here's what they're proposing. they're proposing another $5 trillion tax cut for the mega wealthy. by the way, this guy we're running against, when he was president, he gave a $2 trillion tax cut to super wealthy. you know what that was? he generated the largest deficit any president has in american history. i love these republicans talking about cutting spending. we have a thousand billionaires in america, you know what the average tax they pay is, 8.2%. introduce a bill saying you have to pay a minimum of 25%, you know what that would raise, $500 billion over the next ten
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years. imagine cutting taxes for ordinary people. kamala and i have a better yld, -- idea, we're going to protect medicare and social security. that means making the tax code fair. in addition, steps to how many of you know, we have been -- you take the cover off. find out there's hidden costs. we're going after them and going to get rid of them. we're cracking down on surprise medical billing. for example, when a patient goes into the hospital for a surgery, if it turns out his anesthesiologist is not in his network, you can get a surprise
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bill for another thousand dollars. we're stopping that too. we're protecting 1 million americans every month from unexpected medical bills. we're working to ban the use of medical debt on credit reporting. years ago, i had two craniotomies because i had an aneurysm. my bill if i didn't have insurance was in the hundreds of thousands of dollars. guess what, it matters. it matters whether or not if i didn't have insurance the rest of my life, i couldn't do anything. i wouldn't be able to buy anything, wouldn't be able to have a credit. now we're going to get rid of health care costs, you still owe it, but your credit doesn't get affected by it. i have no problem with companies making money. but not by price gouging seniors
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and working families. i grew up in a family where my dad used to say, joey, a job is about a lot more than a paycheck. it's about your dignity. it's about respect. i really mean this, this is what he would say. my dad was a well read guy, never got a chance to go to college, and talked about what we needed to do for ordinary hard working people. we changed the whole way we look at the economy. used to be this idea of trickle down economics, even democrats accepted it. some democratic presidents accepted it. wealthy, makes a lot of money, it will trickle down to the rest of us. i didn't notice a single penny trickle down to my dad's kitchen table. we build from the middle out and bottom out and if they do well, everybody does well. not a joke. and any money i get to spend as president, i spend on it being made in america by americans.
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americans don't like being played for suckers. we believe we should be patient, but there should be reasonable profits. let me close with this. it's all about health care, lowering costs for families, about fairness and security. it's about the dignity of people like judy and millions of americans all across the country. that's exactly what we're doing. there's more we can do for everyone. we can't give up. they told me every major piece of legislation we passed to give us the strongest economy in history, and the strongest economy in the world, we've got more to do for working people. and by the way, everybody does better when there's more unions. [ cheers and applause ] we're finally getting it done. we can't stop now. we're the united states of
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america. there's nothing, nothing beyond our capacity in this country if we work together. nothing, nothing, nothing. i tell you what, i thank god that in the last three months i'm president of the united states, i was able to finally get done what i tried to get done when i was a young senator at 30 years old. thank you, god, thank you. god bless you all, and may god protect our troops. ♪♪ ♪ your love lifting me higher ♪ ♪ than i've ever been lifted before ♪ good day, i'm jose diaz-balart in for chris jansing. you have been listening to president biden and vice president harris, at their first official event together. they're in maryland to tout
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billions in savings for american families, secured through landmark negotiations between drug makers and medicare, and while today's remarks are not billed as a campaign event, 2024 overtones, they're there as a legacy issue for one could become a campaign selling point for the other. the vice president paused for a moment during her speech as the crowd chanted thank you, joe. >> thank you, joe. [ chanting thank you, joe ] >> two years ago, as vice president, i was proud to cast the tie breaking vote that sent the bill that gave medicare the power to negotiate and let it get to the president's desk, and i was proud when our president joe biden signed that bill into
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law. in the two years since, we have been using this new power to lower the price of life saving medications. >> nbc's mike memoli is reporting from largo, maryland. also with us is megan hayes, former special assistant to president biden and former director of message planning, and senator claire mccaskill, cohost of msnbc's "how to win 2024" podcast and msnbc political analyst. mike, this is the first time we have seen the president and the vice president together at a political event since he dropped out of the race. what did you notice here? >> reporter: i was really struck over the course of the last half hour or so, as much of what i saw and the emotion that you could feel in the room as what we heard from both the president and the vice president here. seeing the vice president come out with the president, speaking first for the first time behind that seal of the president of the united states. we have seen her on the campaign
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trail over the last two weeks with the seal of the vice president before her, but a preview before her of the vice president there with the office she hopes to hold here after january 20th. you saw her praise president biden, the kind of leader, the kind of person that she has served with in the white house for the last three years. you can see the emotion very clearly on president biden's face as the crowd was organically erupted into these chants of thank you, joe, thank you, joe. and while president biden was on stage with the vice president during her remarks, when it was his time to take the lectern, she gave him that moment as the crowd continued to speak and shout thank you, joe, to the president. this is a significant policy achievement that we're hearing the president and the vice president talk about, one they had to spend a significant amount of political capital to get to, and one they hope will be a winning issue in the fall. as the president now hopes to see his vice president succeed him in office, there's the
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question, of course, about whether he can be helpful or whether it will be detrimental on the trail. we saw clearly the vice president as she introduced the president, how much she wants him to be part of the ticket. let's watch the moment as she handed the stage to the president. >> it is my eternal and great, great honor, i have to tell you, to serve with this most extraordinary human being and american and leader, our president, joe biden. ♪♪ >> reporter: and now you could see, as the two embraced in that moment, the vice president mouthing the words, i love you, to the president. this is a close relationship that has been built, especially over very difficult political circumstances in the last few months, and this whole event, jose, i think a preview of sorts of what we're going to see on the first day of the democratic convention in chicago next week where it's going to be important for democrats now, after what, yes, has been a difficult
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period, but one in which joy has been the buzz word of the campaign going forward, unites to celebrate president biden's legacy before looking to the future of a potential harris/walz administration after november. >> megan, you worked with the president, you know them well. what were you thinking and feeling in this time? >> it's incredible. it's incredible that the president and vice president can be on stage together touting their accomplishments. lowering costs for american people. that is what they were doing, part of their legacy. it's incredibly excite to go see the vice president with the president and celebrating the accomplishments and move towards november. >> you know, so just on a personal level, when you have known these people, you have worked with them, what were you thinking? >> you know, it gives me a lot of pride and honor that i got to work with both of those people.
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i was there in the white house when this passed. it was incredible to see. it's also incredible to see the loyalty they have with each other, and the relationship they have built over the last three and a half years. it just reminds me of the incredible honor it was to serve under both of them. >> yeah, claire, i was just wondering your thoughts on this. this was an important statement by the biden administration, efforts that were just, you know, years in the making, and, i mean, the president was saying how when he was a former senator, he fought for this, when he first got to washington, he faurgt for this. in the 70s. just how significant is this event for the president and also for the vice president? >> listen, there's a couple of different things. first, it was fun to see joe biden unplugged. when he referred to donald trump as donald dump, and when he made
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jokes at his own expense about his age, you could see that he is having fun. and i know this last month and a half has been terribly difficult for him and his family, but i was encouraged by the way he spoke today. the other thing is to quote joe biden, what they announced today is a bfd. i witnessed the red wall protecting pharma in congress. i witnessed the amount of money that pharma put into campaigns to stop any accountability that they should have about gouging americans on their drug prices. the fact that joe biden got in done, and the fact that kamala harris had to cast a tie breaking vote because the republicans were unified in trying to protect pharma at the expense of americans, this is a
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powerful, powerful issue to use in this campaign, and i'm really happy that the two of them united today to show that it is, in fact, the democrats that brought this relief to millions of americans, billions of dollars will be saved by americans because of this work. and i think it's a very powerful issue in this campaign. >> certainly is an issue that they can run on and that they can repeat over and over again, meghan, these prescription drug prices, the changes that were highlighted don't most of them go into effect until 2026, so how do you think message-wise, and otherwise the harris campaign can utilize this so important message, to use claire's words? >> okay. i just think it's something that they're trying to do to make costs better for the american people. i understand it doesn't go into effect immediately, but it will bring savings and people have
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something to look forward to, and i think that's part of what, you know, the vice president's message is moving forward. a new vision for the future. there's hope here, help on the way type of policies that are changing. so i do think, you know, where it's not immediate, that is true, but it is coming, which is better than not happening at all, which is what the republicans would be doing. i think that we need to take the positive here and look at the major accomplishments that they did do, and this is just a start. this is one of their policies of the cost cutting measures especially for the middle class. >> senator, there is no doubt that the presidency has so much power in so many ways. this was a moment where the presidency is transferring some of that power to the vice president. politically is this something that you think can, going forward, be effective for the president and the vice president? >> oh, absolutely. and i think it's really important that you see their relationship, that you see that,
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you know, donald trump is trying to peddle this idea that kamala harris had some kind of coup to push joe biden out. well, clearly you see their relationship today. you see how close they are. you see mutual respect and friendship that they enjoy, and i think the more the american people see that, when they see that joe biden did the right thing for this country by passing the torch to kamala harris, and that the two of them are united in trying to protect the middle class, i think it's very effective, and by the way, anybody who complains that this was an official event and that it felt maybe more like a campaign event, let's not forget that donald trump did political events at the white house so, i mean, i don't want to hear any criticism that this event felt too much like a campaign. they were announcing a policy change that they effected as president and vice president of
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the united states, and i think it was appropriate. >> mike memoli, claire mccaskill, meghan hays, thank you so much for being here. j.d. vance says one showdown will not be enough. imagine ignoring the biggest call of your professional life. tim walz knows that feels like. >> i called you, tim. i called you, tim. >> yes. >> you didn't answer, tim. >> i know, i know. >> what happened? >> the most important call of my life, it popped up and we didn't recognize the caller i.d., and it went to voice mail. >> hi, this is tim, i'm not able to answer your call. >> hey, tim, it's kamala, i really want to talk to you. (♪♪) with chewy, save 20% on your first pharmacy order so you can put an end to the itch. get flea and tick medication delivered right to your door.
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35 past the hour. we now have a vice presidential debate on the books. j.d. vance and tim walz have now agreed to face off on the 1st of october as early voting gets underways in some states. walz was first to accept the nomination. vance not only agreed but upped the offer by suggesting a second one, writing the american people deserve as many debates as possible, which is why president trump has challenged kamala to three of them already. not only do i accept the cbs debate on october the 1st, i accept the cnn debate on
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september 13th as well. i look forward to seeing you on both. i want to bring in nbc's vaughn hillyard covering the campaign. meghan hays, served as director ot message planning in the white house, and john kasich, former governor of ohio, and msnbc political analyst. vaughn, over the past ten presidential cycles, running mates have only met for one debate. what's the thinking in trump world about a second debate? >> reporter: right. it's usually to allow the focus to be on the top of the ticket. j.d. vance questioned why a vice presidential running mate matters at all. it gives them the opportunity. we saw mike pence and kamala harris go to toe to four years ago before that, mike pence and tim kaine go toe to toe. and j.d. vance who clearly has not gotten a cadre of good headlines but instead, many iterations of stories that are pulling up past comments of his
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that have come under intense scrutiny. for him, ever since three weeks being announced as the running mate of donald trump at the republican national convention. he's looking to turn the tide when it comes to a matchup against a democratic running mate in tim walz and a debate stage would do just that. you have somebody having covered him during his ohio senate race, and in the years since, this is somebody who is eager and confident in his own ability to articulate a message to the broader american public. and so for him, he wants the opportunity to go up on stage. we should note there's a press conference. you see them getting together right now. in which we expect donald trump in two hours from now to address reporters at his bedminster club, jose. >> last night, j.d. vance said a debate would need to be in front of an audience. listen to part of what he said. >> we're not going to do one of these fake debates, laura, where they don't actually have an audience there. that they don't set the
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parameters in right way, where we can have a good exchange of ideas. >> we don't even know what the rules will be, but how much does the audience matter? for example, should mics be muted again? what are these issues and the importance of those issues? >> they're not important at all. the debates are not important. the enthusiasm is at the back of the vice president and governor walz and you can see that with their fundraising efforts, organizing efforts, no, it doesn't matter. and the people who are the main audience are the viewers. that's great that they want to have all of these narratives about the debate but that's not really what the american people care about and the voters are going to care about in november. >> and, john, today j.d. vance continued his attack on tim walz's military service at an event in pennsylvania. >> this is not about disparaging anybody's services including tim walz, this is about disparaging the dishonesty, and asking kamala harris why are you showing such poor judgment by
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standing by a guy who insulted our veterans and lied about his service. >> vance is joined at that event by three members of the house who are all veterans. more than a thousand veterans also signed an open letter of support for walz saying that they were appalled at the military background attacks. do you think, john, this is something vance has been effective in bringing up and effective in attacking? >> no. jose, here's what i think happened, i have a hard time understanding how the republicans did not know that joe biden was going to step down and that kamala harris was who they were going to face. they have been caught flat footed and so they're probing, trying to figure out where they ought to go. probably the best areas for them to focus on is the economy, inflation. i know it's down, but still, the prices are up, and probably the
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border, and try to define who they're running against. it doesn't seem like donald trump wants to do it. i think he thinks talking about the economy is somehow boring. that's what i kind of took from one of the articles written about his talk. vance is, you know, this is a probe. it's not going anywhere. i don't even -- if there are multiple debates, it's going to be vance's effort to try to go after harris and try to define her. trump, on the other hand, it's going to be -- that's where we really -- we're in a reset right now. we're in a reset of this race, and if trump keeps doing what he's doing and behaving t way he's behaving, he's probably going to lose this thing. is he going to change? is he going to have more discipline? is he going to be more focused in trying to define who harris and walz is? that's what i think a lot of republicans are hoping for. is he going to do it? i don't know if he's going to do it. the way he's acting now, this is how he lost to joe biden. i think these things are probes, and i'm just frankly surprised that the trump people were not
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ready for the developments that have happened here in the last few weeks. >> you know, you talk about the reset of the race, john, and, you know, when you look at -- it's best to look at the past when you're trying to figure out what the future is going to be. so look at donald trump as a candidate in 2015. look at donald trump as a candidate in 2019. what you see there is pretty much a version of what we're seeing in 2024. is there anything that would lead you to believe that there's a possibility that he could change? >> i think if people sit him down and say, you're on the road to losing, you know, maybe that will change him. i mean, jose, asking me to predict donald trump's behavior, it would be easier to predict the weather next year, right. but, you know, he is unmoored right now. he doesn't have the discipline.
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imagine he goes down to georgia, a state they need, and he's attacking the popular republican governor down there. it doesn't make any sense. is it possible he can get back on the program? yeah, i think it is possible. is it going to happen? i can't predict it. i will say, jose, in my opinion, we are in a reset period, and what's happening, i think, in the country is people are like, oh, my goodness. we have these two old guys. can't we have something different, and when she gets to the stage, she's handled herself quite well. now, she's going to have to go through the press conferences, the tough questioning. we'll see how she doesment -- does. there's no way this thing is over. it's going to be close. we have to stay tuned and see how this settles. >> meghan hays, and john kasich, thank you very much. what jordan chiles is saying after her bronze medal was stripped away.
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and a disney lawsuit that could come down to the fine print. will a one month trial of disney plus keep a man from suing over the death of his wife. e. gender, ethnicity... matt, the need to screen when due... for colon cancer's a priority. indeed! everyone 45+ at average risk should screen for colon cancer. these folks are getting it done at home with me, cologuard. cologuard is a one-of-a-kind way to screen for colon cancer that's effective and non-invasive. it's for people 45+ at average risk, not high risk. false positive and negative results may occur. ask your provider for cologuard. i did it my way.
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. and breaking news, u.s. gymnastics star jordan chiles has released her first statement since having her bronze medal stripped away, posting online, quote, i have no words. this decision feels unjust. nbc's emilie ikeda is following this.
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what else did chiles say? >> hey there, jose. we last heard from chiles over the weekend. said she was taking a break on social media. breaking her silence in the last hour, posting what was a lengthy statement online, describing how she is overwhelmed by the love and support in recent days and calling the news devastating when she learned she was being stripped of her bronze medal. the unprompted, racially driven attacks on social media are wrong and extremely hurtful. i have poured my heart and soul in this support, and so proud to represent my culture and country. she goes on to say looking forward, i'm confronted with one of the most challenging moments in my career. i believe at the end of this journey, the people in control will do the right thing. it sounds like she's gearing up for a fight as usa gymnastics and olympic officials have indicated, by the way, overnight, we learned from u.s. olympic officials. they say they are slamming the court of arbitration for
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significant procedural errors, they say. they say that they had sent crucial communications to erroneous e-mail addresses in the days leading up to the important hearing, and it wasn't corrected until 24 hours before the hearing. it deprived them of adequate time for necessary evidence. as we've covered in the past couple of days, jose, usa gymnastics had sent a letter along with what they say was time stamped video evidence after the hearing, after the ruling was made saying that it showed that chiles' coach had, in fact, submitted not one but two statements within the one-minute deadline, which is what the whole controversy is over. it continues to be an issue marred in controversy. we continue to see these developments, but it does not sound like the fight for justice is ending anytime soon. jose. >> emilie ikeda, thank you so much. now to a truly bizarre legal fight between disney and a man whose wife died from an allergic
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reaction after eating at one of their restaurants. the company says the man's $50,000 wrongful death lawsuit should be tossed out because years before his wife died, he signed up for a one-month trial of disney plus where the fine print says you must agree to settle any lawsuits against disney out of court. i want to bring in criminal defense attorney, and msnbc legal analyst, danny cevallos. hey, danny, this is of all of the weird, odd legal issues that we hear about, this has to be one of the most unusual ones. >> it's not that unusual because the reality is, you, everyone else, me, we all sign these click-through agreements several times a day in all likelihood, and guess what, they are not only binding, but federal law expresses a preference for them. as a civil litigator, i'm confronted with these, and deal with them all the time. they're extremely hard to overcome. if you're a plaintiff suing a
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large company. now what's unusual here is the application of this agreement, this arbitration agreement from a disney plus subscription over to the personal injury context, but look, i've looked at the language. the language says any claim against disney plus and any other of our affiliates and that includes the defendant who was named in this lawsuit. now, disney is unique in that it's a company with a broad, broad spectrum of services from streaming all the way to theme parks and restaurants, although this restaurant was not actually a disney restaurant. it was on disney property. but you get the idea. disney is one of those rare companies that you might sign an agreement like this for a streaming service, and they may try to use it against you at epcot center or a theme park or something like that. >> so danny, and the things that we oftentimes just sign, not necessarily reading every detail, crossing every t, and
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dotting every i, so if you say yes to something like that, terms and conditions, you say yes to a check box, that means that that company that you're dealing with, at infinitum is completely covered and protected. >> like i said, i've had some success, and many civil litigators have at overcoming these, when they're unreasonable for some reason. if you sign an agreement that says, i will arbitrate all of my claims against you, the company, and any of your affiliates, then that is likely enforcenforcible. the deceased doctors' husband is the administrator of her estate. the doctor never signed anything in terms of an arbitration clause. it was just the husband. the best argument is the deceased wife's estate never signed anything, and they can't
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be bound by this arbitration agreement. make no mistake, every day we sign arbitration agreements and they favor large companies. large companies can force what would otherwise be put before a jury in a public courtroom into a private arbitration that will never see the light of day from which there is no appeal, decided by an arbitrator that often gets a lot of repeat business from that company. they're technically neutral, you know where the bread is buttered. maybe they're neutral, maybe they're not. >> the fact that it's $50,000, in many ways, doesn't seem like a lot of money like disney. what do you think is happening behind the scenes here now that the story is getting traction? >> first, as to the $50,000, this happens all the time. under a lot of different procedural rules, you have to allege a certain amount to get you over a certain threshold. otherwise you get sent to a lower court, small claims.
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particularly in federal court, you see allegations in excess of $75,000. they're definitely asking for a whole lot more than $50,000. but that is the correct reportable number pause that's -- because that's what you put in the pleadings. the only reason you put the number in is to get you out of that court. they're going to seek millions of damages. this was a working doctor with tremendous earning capacity. the $50,000 is really just a jurisdiction that will pleading rule that is so confusing, but trust me when i tell you, they're going to seek a lot more against both the restaurant that was on disney property, allegedly, and disney itself under a theory of negligence and other theories. so they're going to seek a lot more than that, and disney, they have to use what they can. some genius in the legal department took a look at this agreement and had this idea of why don't we start using these arbitration agreements from our
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disney plus click agreements and use those all across the board. that probably covers a large swath of the united states. it definitely covers me. it covers a lot of people i know because i have disney plus, and i have obviously peacock. i have all the services, so everyone in the legal department is going to start looking at these and seeing how broadly they can use them. you know what, they're duty bound as corporations and as lawyers for corporations to try to use every tool they can. i just think in this particular case under these specks, since the doctor never signed anything, this may end up not being enforceable. the rest of us beware, we're signing these things every day, and federal law expresses a preference for enforcing these arbitration agreements. >> thank you very much. really an important conversation. i appreciate your time, my friend. that does it for us this hour. reach me on social media, i want to thank you for the privilege of your time. our coverage continues with "katy tur reports" next. aty tur.
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