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welcome to "cnn tonight." i'm jake tapper in washington. and tonight new horrific details are emerging about the attempted violent attack against house speaker nancy pelosi, the one that ended with the wounding and hospitalization of her husband, paul pelosi. the alleged violent intruder david depape is facing federal charges for breaking into the pelosi's home and beating paul pelosi with a hammer early friday morning. the suspect who trafficked online in far right conspiracy theories about covid and the 2020 election and holocaust denialism, quote, stated that he was going to hold nancy hostage and talk to her. if nancy were to tell depape the truth, he would let her go. and if she lied, he was going to break her kneecaps. depape also explained, she would then have to be wheeled into congress, which would show other members of congress there were

consequences to actions, unquote. several prominent republicans have condemned the attack, including today donald trump. >> with paul pelosi, that's a terrible thing. with all of them, it's a the recordable thing. >> trump very quickly pivoted to attacking san francisco for its high crime rate, but he at least did condemn the attack on paul pelosi, as did house republican leader kevin mccarthy. >> let me be perfectly clear, violence or threat of violence has no place in our society. and what happened to paul pelosi is wrong. >> as did senate minority leader mitch mcconnell, who tweeted he is, quote, horrified and disgusted by the reports that paul pelosi was assaulted. but you know what? far too many other republicans and conservative leaders are out there instead spreading insane, offensive, and false conspiracy theories, such as the complete and utter lie, the deranged smear that paul pelosi and the

attacker, the man who hit him in the head with a hammer, with in a sexual relationship. to his 8.7 million twitter followers, donald trump jr. shared an image of a hammer and a pair of underwear that had the caption, got my paul pelosi halloween costume ready. he also posted something else, which he quickly deleted, a south parkesque cartoon image supposedly of pelosi and the guy who hit him in the head with a hammer having sex. you know what? when some sycaick moron sent a white poud tore the home donald trump jr. in 2018 sending his then-wife vanessa to the hospital as a precaution, that was awful. why is this not even worse? it's hard to fathom that a tragedy like what happened to 82-year-old paul pelosi and decides to traffic in this filth. but sadly, donald trump jr. is

hardly alone. former republican congressman and chairman of the house intelligence committee, devin nunez, who now runs trump's social media company, truth social, shared this halloween image with the words, at least this guy has his clothes on. nunez also reposted this meme using a poster for the gay romantic comedy, bros, twisting it into a smear of paul pelosi. and again, the man who tried to bash pelosi's head in with a hammer. words fail. republican congressman clay higgins of louisiana tweeted, then deleted, this, which was captured by steve her man, a photo of nancy pelosi with quote, the moment you realize that nudist hippy guy was the reason your husband didn't make it to your fund-raiser. i mean, what is wrong with these people? there's more, but you get the point. in addition to being inhuman and

inhumane response to a tragedy, it's a lie. the federal affidavit released this afternoon says pelosi did not know the suspect. and san francisco police chief bill scott said this on cnn this afternoon. >> there is absolutely no evidence that mr. pelosi knew this man. as a matter of fact, the evidence indicates the exact opposite. >> sadly, in this era of social media, after every tragedy like this, we unfortunately see some awful reactions. a volunteer official for the nebraska democratic party was fired after saying he was glad republican leader steve scalise was shot by a deranged bernie sanders supporter in 2017. that same year, there were some pretty awful comments on social media after republican senator rand paul's neighbor attacked him, breaking six of his ribs, bruising his lungs, making it difficult for him to breathe, sending rand paul to the hospital. and three years later, commenting on a controversy

involving senator paul, one of speaker pelosi's daughters tweeted that rand paul's neighbor was right. she then deleted it. all of these comments unequivocally wrong. but these smears about paul pelosi, they're not just evidence of partisanship blocking someone's ability to be human. they're conspiratorial. they're in a way an attempt to not just down play but justify the violence. they're part of the same sickness that got paul pelosi injured to begin with. some of these insane conspiracy theories about paul pelosi are still trending on twitter under its new billionaire owner, elon musk. we should note, musk himself sent a tweet that pushed this false smear of pelosi. responding to a tweet from hillary clinton in which she condemned the attack, as inspired by hateful rhetoric,

elon musk, who has more than 110 million followers on twitter, wrote, quote, there might be more to the story than meets the eye, unquote. and then he shared a link to an extreme right-wing website, a site so deranged it claimed in 2016 that hillary clinton had died and a body double had been sent to debate donald trump. here's what elon musk said in april about what he wants twitter to be. >> we want to be just very reluctant to delete things and have -- just be very cautious with permanent bans. >> it's very important that we have an inclusive arena for free speech. twitter has become kind of the defacto town square. >> there is a vast difference between elon musk wanting twitter to lean more into the freest speech possible and elon

musk himself abusing those free speech rights by smearing people with a complete and utter lack of caution. there is such a thing as empirical truth, and it is not to be found at the website that reported hillary clinton dead six years ago. national security experts have been warning for years that we in the united states need to fear more stochastic terrorism. in case you're not familiar with the term stochastic, it's defined as the public demonization of a person or a group that results in the incitement of a violent act, even without express orders to attack that person or group. when leaders, whether elected or in media or in a movement, when leaders claim that their opponents are pedophiles or satanists or a part of a grand conspiracy to hurt you and your

family, is anyone really surprised when somebody who hears this acts? what exactly do you think is going to happen when a president for months lies to his supporters that an election is being stolen? what exactly do you think is going to happen when smear artists invent a deranged conspiracy theory about hillary clinton and her campaign and non-existent child sex operations at the basement of a very real family pizzeria. you know what happens? a guy with a gun drives from north carolina to that pizzeria. >> i hope all these people fanning the flames of this conspiracy take a moment to fan the flames of what has gone on

here today and maybe to stop. >> what do you think is going to happen when politicians and tv anchors push the great replacement theory, the idea that jews want to replace whites in america with latinos and people of color? you know what happens? that deranged conspiracy theory inspires the attacks in pittsburgh, el paso, the racist buffalo supermarket shooting. >> it was very difficult laying eyes on the person who shot your mother down in a grocery store. >> paul pelosi, to his attacker, was not a grandfather or a father or a husband or a businessman. he was an enemy. while speaking today on the investigation into the attack, the san francisco police chief posed an important question for all of us as americans. >> what does it take? does it take somebody being murdered? does it take -- what does it take for us to finally stand up and say, this is enough? it needs to stop. it needs to stop. >> it's not just folks in the

political arena playing fast and loose with these dangerous ideas. take kanye west, now ye, his response to criticism to many anti-semitic comments has been to make more of them. got him suspended from instagram again last night. and alarmingly there are a lot of people on social media taking ye's side on this. nba star kyrie irving of the brooklyn nets tweeted a link to a widely debunked anti-semitic movie full of lies and just junk. he was not apologetic at all at a saturday press conference. >> there's things being posted every day. i'm no different than the next human being, so don't treat me any different. >> the next human being doesn't have 4.6 million twitter followers, kyrie, at a time of rising anti-semitic violence. i do not know what is missing in these people's hearts or their

lives that they feel the need to smear individuals or groups, to ignore the humanity of these other people. but in one way, you know, kyrie irving is right. he is no different. he might have a larger platform. but in this moment, we all need to consider how we talk about our fellow humans. we're going to pick it up on the other side with a candidate vying to lead america's second largest city, los angeles. democrat rick crew sew was once a republican. does he think america can get past this poison that's been injected into our politics? that's next. pay for what you n. contestants ready? go! only pay for what yoyou need. jingle: liberty. libererty. liberty. liberty. ( ♪ ) some things leave you guessing. mailchimp takes the guesswork out of email marketing

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vice president kamala harris in connecticut. former president obama and president biden heading to pennsylvania. and now "the washington post" is reporting that president biden is also going to head to california as part of his final midterm swing, california. he's going to campaign with san diego area candidate mike levin for a competitive seat levin has held in 2019. in nearby los angeles, republican rick caruso and karen bass are locked in a high profile race to be the next mayor. caruso is a billionaire real estate developer who is a former republican and independent. now he's a democrat, who changed his affiliation earlier this year. and he joins me now. rick caruso, thanks so much for joining us. appreciate it. with president biden now forced to visit places such as california, are you sensing that there is an increased probability of a republican wave that democrats are having a

tough time? or is los angeles kind of immune from the zeitgeist, the wave that a lot of pollsters say is building for the republican party and against democrats? >> you know, jake, thanks for having me on the show. and i can't really comment on that for the following reason. i have been spending and so focused on what's happening here in los angeles, i'm not really focused on what's happening nationally. i know the focus on being around every corner of the city is about homelessness and crime and corruption. and that's what i'm talking to residents about. so, we're going to stay focused for the next seven or eight days on that. and we'll see what the rest of the country does down the road. but, you know, l.a. is a very unique place right now. we've got some serious problems that we've got to take care of. and i'm excited about having the opportunity to lead that change. >> so, let's talk about that, what you talked about homelessness and drugs and crime. six hours north of you, a man who reportedly at least at some point had been dealing with

homelessness and drug addiction broke into the home of house speaker pelosi, which for a lot of individuals highlights the issues of homelessness and crime and drugs plaguing that city as well as los angeles, your city, over the past few years in los angeles, homelessness has risen by more than 4%. crime is trending up as well. murder is up. robberies rising 15.9%. what can be done to counter this trend? >> well, first of all, to the pelosi family, it's terrible what happened. and, you know, i pray for the speedy recovery of mr. pelosi. in terms of los angeles, it's all about leadership. it's about making some good, smart, tough decisions. it's about that the system is broken here in los angeles. it's also we've seen a lot of corruption in the system. and that's fuelling what's happening with the homeless problem. we're not taking care of it in spite of the fact we're spending a billion dollars a year -- we being the city of los angeles. so, the system isn't working.

and crime on murders alone up 50% in two years. and people don't feel safe in their communities. so, we've got to do some things that prevent crime and make sure we're making communities safer. i've got experience doing that. i'm going to bring that experience to the mayor's office. i've got experience building. we need to build more housing. we are so short of housing in los angeles, 500,000 units were overregulated. we make it difficult to invest and build in the city of los angeles. we've got to give the homeless a path to a better life with compassion, with dignity, care. but they have to be taken off the street, and they have to be given the services they need, psychiatric services, drug addiction services. there is a path forward to this. there's programs that are working exceedingly well, and i have fashioned my plans after those programs that have a 90% success rate of people not falling back into homelessness once they're treated properly and given shelter. >> so, you and congresswoman

bass, your opponent, you say a lot of similar things when it comes to your visions on crime and public safety and policing, the need to cut through the red tape to build more housing. you have both resisted calls to cut the lapd's nearly $3 billion budget. you both advocated for hiring more gang intervention workers, sending unarmed professionals to calls involving mentally ill people. the big difference it seems to me is that she has experienced working within a system -- and it's, to be perfectly candid -- not the most strongly mayor alty in america. and you have the experience of a do as i say ceo. why would you be better? >> let me differ with the premise to that question if you don't mind, respectfully, jake. i've worked for three mayors in the city of los angeles. tom bradley, dick weirden, and jim hunt.

i'm the only candidate, the only person responsible for the operation of lapd when i was president of the police commission, brought in new leadership, bill braden, and we cut crime by 20%. by community policing officers on the street. so, i actually know how to do it. karen has never worked for the city of los angeles. i've been inside city government and i've been outside. i built my own business from scratch. i have a proven track record of success. you need to be an executive. the day either i or karen take office, about 30 days after the election, you're going to be responsible. the mayor will be responsible for an $11 billion budget, 50 separate departments, 80,000 employees. if you have no experience being an executive or managing, you're going to be lost. and we're going to get more of the same. we've had that for the last ten years. >> right, but a bass supporter might say, but it's not a ceo job, the la mayor alty.

it's a job where you really have to convince people because it is not a strong mayorality. >> that's my track record. i built my business. i would never have been able to do what i've done in los angeles without finding common ground and working together and bling communities together. i would never have been able to reform lapd unless i had done it. that's why i'm uniquely qualified. that's why i'm excited about this job because i know i can do it. i've done it before. and there's great hope and possibility in this city. change can happen. >> all right. rick caruso, thanks so much for joining us. really appreciate it. >> thank you, jake. what might kitty litter boxes have to do with the fate of american democracy? well, our country is literally going to crap if lies like this next bonkers conspiracy theory keep getting spread as fact for political gain. we're going to try to bury the bs once and for all. that's next.

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children in america are not going to the bathroom in litter boxes in their schools. that apparently needs to be said because it is a conspiracy theory that a lot of republican candidates out there just can't shake. the latest purveyor of this insanity is don bolduc, the republican senate nominee in new hampshire. >> guess what. we have furries and fuzzies in classrooms. they lick themselves. when they don't like something, they hiss. they're using litter boxes -- right, litter boxes. these insane people that are concerned about spreading germs,

yet they let children lick themselves then touch everything. then they're starting to lick each other. >> i mean, what? this is, needless to say, nonsense. and not only is it a lie, an urban legend, it's one shared in the service of, let's be honest here, advocating for being cruel to trans kids. in any case, fact checkers for major news outlets have repeatedly and reportedly looked into this and found no evidence for it. they've shot it down. fact checkers, including cnn's andrew kahzin ski, who joins us now. andrew, you've been talking about this for weeks. i still can't understand why people continue to spew this nonsense. how did this even become a republican talking point? >> yeah, so fuzzies and furries is what he said. it's basically, you know, as you

said, this false claim that kids are dressing up as cats, using litter boxes in schools. we saw boldic go further there, saying kids were jumping out and hissing each other and licking each other. furries are a real subculture. people will go to convention. they'll sometimes dress as animals. there are no litter boxes. there are no litter boxes at the conventions. there are no litter boxes in the schools. people at home are probably asking themselves where did this even come from. the earliest we could find was a michigan school board meeting at the end of 2021. let's just take a listen to what was said there. >> it was addressed by a child a couple months ago that they were put in an environment where there are kids that are -- that identify as a furry, a cat or a dog, whatever. so, yesterday, i heard that at least one of our schools in our town has in one of the unisex

bathrooms a litter box for the kids that identify as cats. and i am really disturbed by that. and i will do some more investigation on that. i know what's going on nationwide. i know it is. it's part of the agenda that's being pushed. >> now, look, this claim did not really go viral until about a month later, when the chairwoman of the michigan republican party shared it on her facebook page. and then from there, we saw various conservative influencers and media personalities share it themselves. and it's sort of taken off from there. >> so, bolduc, he's just the latest republican candidate to say it. but we've heard it before. >> litter boxes in some of the school districts so kids can pee in them because they identify as a furry. we've lost our mind.

>> not many people know we have furries in colorado schools, kids identifying as cats. it sounds absolutely ridiculous, but it's happening all over colorado. and schools are tolerating it. >> these are the republican gubernatorial nominees in minnesota and colorado. what's the thinking behind pushing this nonsense? obviously it's anti-trans. is it helping them politically? >> yeah, i think you hit the point right there, which is republicans basically see this as a way to say, you know, look how ridiculous the democrats are when it comes to things like gender identity and transgender students. but then in this instance themselves, they just kind of look ridiculous themselves. >> all right. andrew kahzin ski, thanks so much for that fact check. really appreciate it. coming up, is another land mark supreme court decision about to fall? justices are now weighing ending affirmative action in college

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big day at the u.s. supreme court today. arguments indicating that another decades-long precedence could soon be overturned -- could. this time, it's affirmative action.

for nearly five hours, justices heard arguments on two cases involving race conscious admissions decisions at harvard and the university of north carolina. the conservative majority appeared skeptical of affirmative action. they questioned how diverse classrooms are beneficial to education. >> i've heard the word "diversity" quite a few times, and i don't have a clue what it means. >> that may be considered a factor. and therefore those who don't get the plus factor have what is essentially a negative factor. >> the three liberal justices seem to disagree. they argued that university are looking at students at a whole. and they suggested without affirmative action, minority enrollment will drop. >> first of all, the university is not requiring anybody to give their race at the beginning. when you give your race, you're not getting any special point. no one's automatically getting in because race is being used.

>> we're merely checking the box, standing alone as one factor got somebody in. and i thought part of what it meant to be an american and to believe in american pleuralism is that actually our institutions, you know, are reflective of who we are as a people in all our variety. >> with me now, one of the attorneys who argued in favor of affirmative action in front of the court today, david hene hosa. david, congratulations. your first argument before the supreme court. it seems as though not just after today's arguments but just what i've been reading from colleges and universities all over the country, they think that this court is going to kill affirmative action no matter what. >> we've seen this a few times already over the last 20 years when people thought that either affirmative action programs would be reversed at the university of texas at austin or

the university of michigan nearly 20 years ago, have two cases. and the court actually upheld a race conscious admission. it soems like everybody is always doom and gloom around these issues. but what ultimately ends up prevailing is the seasonableness of the law and race conscious admissions as one way of helping underrepresented students of color access higher education. and these are highly talented students of color who often are overlooked in the normal admissions process. so, we feel really confident even after today, and we see all the headlines. but, you know, judges always have tough questions. that's the reason why we have oral argument. >> so, one of the key arguments today from conservatives, one line of tough questioning, is that defenders of affirmative action, such as yourself, in college admissions, cannot articulate a specific end point. take a listen. >> don't see how -- i don't see

how you can say that the program will ever end. what is your goal? and how will a court ever be able to determine whether your goal has been reached? >> i gather justice saying when does it end? >> as you know better than i, 1978, quote, we expect 25 years from now, the use of racial preferences. so, we're six years shy of justice o'connor's 25 year goal. how long do you think affirmative action should continue? >> well, it was an aspirational goal. it wasn't a hard deadline. you can easily read o'connor's opinion and it is not a hard sunset. it's trying to hope for the better of america. and we hoped that we would be there in 25 years. but racial inequality persists in so many different ways, especially in our k-12 systems.

and we're not going to be quite there yet as the attorneys for the university shared today. but we do know what that end point is. we do know that that end point is when they're able to achieve the educational benefits of diversity, that the university set for themselves that's wholly within their responsibility and rights is to identify what those goals are. they are measuring their progress towards those goals. and in the meantime, once they identify a race-neutral alternative, some other mechanism like a percentage plan or a mixture of recruitment and scholarships and the like where they don't have to consider someone's race as just one factor among several, then that's the end point, you know, that will happen. it's going to happen on a case-by-case basis. every university sets their own goals. they have measurements, and those measurements can be challenged. they weren't challenged in this case by the petitioner.

most of the arguments the petitioner's race frankly are in their briefs but not in the evidentiary record back at the court of appeals or the justice court. >> justice kavanaugh argued there are better ways to achieve diversity at universities. take a listen. >> it would be permissible for the court to say that you have to eliminate things like legacy, children of donors, if you could obtain a sufficient -- meet its diversity goals was your word -- by doing so and doing race neutral admissions. do i have that correct? >> what kavanaugh seems to be saying is that college and universities could stop admitting legacy students and children of donors, which often benefits white students. and then that would help achieve diversity without taking race into account. what do you make of that argument? >> well, there's a couple of

things there. one is it all zpdepends on how much of an impact that is having. how much of an impact does it matter whether or not you are the descendant of an alumni. if it's not making too much impact, like at the university of north carolina, sffa's expert head analyzed this and said, you know what? legacy admissions actually aren't making much of a difference. so, if you turn off legacy admissions, you're not going to end up with all these seats that become, you know, available. and who's going to grab those seats anyway? are there going to be other white applicants, you know, who have been able to push up their test scores artificially through, you know, test prep and that sort of thing? or are you actually going to capture, you know, real racial diversity across? and so, it all depends on what universities are doing. not everybody gives bumps to donors and the like. and so, again, unfortunately, as

a case-by-case basis, that's how and why this should not -- these cases should not be ruled with an across-the-board ax to affirmative action. >> quickly, if you could, there are other methods suggested as well. one i've heard before is look at zip codes so you can take kids from predominantly black or latino neighborhoods or socioeconomically challenged neighborhoods, et cetera, and that might do the same thing except it's not taking race into account. is that viable? >> so, one, it's mostly theoretical. so, the experts in the unc case had actually looked at geographic diversity, and it still wasn't meeting the levels. >> because there weren't enough applicants from poorer sections? >> in part because of that. but also you're looking at a broad spectrum of diversity, right? you want viewpoints, diverse

viewpoints, diverse experiences. >> geography. >> yeah, all sorts of different diversity metrics that come in. so, you don't necessarily want solely, you know, all the poor black and brown children to come in. because then that's just going to feed into the stereotypes that universities are trying to fend off. so, you want that intra-racial diversity because, you know, you want a broader perspective, broader experiences. so, sometimes, you know, those things that supposedly look good on paper, like zip codes, don't actually work in reality and practice when you look at broader scopes of diversity. >> david, i know you've had a long day. thank you so much. appreciate it. congratulations again on your first supreme court case. congratulations. >> absolutely. thank you so much, jake. >> appreciate it you coming here. we talk about american history to put the present into context.

we're going to take a fascinating look with ken burns, as we go back through time through amazing photographs he's compiled, including one of an american first rally held long before donald trump was even born. that's next. this is how tosin lost 33 lbs on noom weight. i'm tosin. noom gave her a psychological approach to weight loss.

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>> the recent surge in public displays of antisemitism continued over the weekend. on friday, these banners reading and jewish supremacy in america. honk if you know it's the jews. it was hung from a highway in an overpass by jackson florida. that incident coming after an incident on the 405 through a los angeles. those in support of the antisemitic remarks by, yay from the nose kanye west. connie was right about the jews popped up again. it was outside of tia during a florida georgia football game. at the same time, brooklyn basketball star kyrie irving has been defending how he promoted an anti-semitic film. when that includes and invented quote from harold rosenthal. he was killed by terrace in 1976. the fake quote was by white

supremacists in 1978. nice source material kyrie. all his antisemitic messages bringing us back to a different time in american jews are the victim of opened widespread discrimination across the united states. it's one of the many seems which is a photographic history which shows photos of some of the darkest, and the brightest nina's history. with me now can, burns acclaimed documentary who had compiled photographs. can, it is good to see you again. you include this photo valuation will get from 1919. noting that millions of jews immigrated from eric over the first three decades. they were job housing, markers mechanical door. one turned 50,000 jews had enlisted. they were beginning to become fully accepted in american society, or so i thought. tell us more about the significance of this time period. >> it's really when we had open

borders from 1870 to 1920. millions of millions of people came in, including a lot of central -- it is but you hop by 1919. i think it was kind of the thoughtfulness of the experience. back in 1872, did barr jews from several southern states. it was rescinded by abraham lincoln. so there had always been in american society and this undercurrent of antisemitism. it's everywhere in the world and it's something we have to push back about. we're gonna see in every generation. after the door swung shut after 1920, there was a backlash. it's a replacement theory we are hearing now first bubbled up in the early stacked into the 20th century. it essentially made miniscule quotas from countries that had

-- they were saying aryan nations of northern europe. so, you begin to see these patterns. it disappears, it becomes pushed down. i think what we are seeing is such a disturbing trend. adl reports unbelievable upsurge. first time in decades it's been at this level. >> speaking of things being pushed down at me back up, there's a photograph of militants and square garden. america first rally it's a phrase we're familiar with now since president trump's campaign slogan. charles lindbergh was the head of the american first committee. that's a group that supported what supremacy. lindberg claimed that the roosevelt administration were more agitators. thousands of people packed this rally. they have packed it underneath american flags. >> yeah, it's a really

disturbing -- it was charles lindbergh. there are many prominent americans who subscribe to this. it was a recent anti-war movement. it is an anti-jewish influence. it's all the old troops who heard today and have heard for centuries. it's a complete poppycock but it's there. in des moines iowa goes way too far. suddenly there is a big reaction. he, basically the america first begins to shrink. the japanese attack declare war on us. it goes all by the way. and yet during the war, we are still not fighting to save the jews, we are still not letting the jews in. we are going and fascism but it's not to say the people who are most dire need of being

rescued. >> in the recent documentary, it really captures that well. one last lighter note if i can. and one of the world series, i do want to end with this photo. it's the first ever world series, 1903. the boston american team later the red sox faced we -- drums, yelling, banging they were dubbed the royal routers. eventually the boston reckons are not champions of the world. >> i'm a phillies fan so i know something about philly's fans. i don't know if would be allowed to do anything like that. >> the royal rioters were something else, they had strong and distracting whistles. this turned out to be the best of nine game series. the pittsburgh team won the first and then they came back and won. it was the first of what would

eventually be the boston red sox world championships. these are about as rapid as you get with the theme song, the drums and fans throughout the stands. it's really a wonderful time. they're just up the way no one is today. >> you will see the legacy of. that can, spurring here it is. our america's out tomorrow. it's an amazing gorgeous book home library, we will be right back. >> to offer suggestions for how toto improve engagement and revenue. guess less and sell more with intuit mailchimp.

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>> thank you so much for joining us tonight you can tell us not to talk. our coverage continues now was lovable, loyal. an