♪ ♪ ♪ ♪ ♪ ♪ >> emily: hello, this is "outnumbered." i'm emily compagno. joining the martha maccallum, sharon saw me, amy freese, and -- we begin with elon musk with more smoking guns after saying -- a report on political censorship and twitter, suppression of the hunter biden laptop story ahead of the 2020 presidential

election, making the revelations in a lengthy twitter threat friday, saying that these were routinely removed at the request of both political parties, saying that democrats had more clout on that front due to the political leanings of staff. he also revealed internal communications that showed twitter justified the decision to suppress steve laptop story using its impact -- policy, but he says the reasoning is flawed. "these policies normally require an official law enforcement of a hack, but no such finding appears and what one executive describes as a whirlwind 24-hour company-wide mess." according to them, it let the social media left front to take surprising action. "twitter took extraordinary steps to suppress the story, removing links and suppressing stories that it might be "unsafe." they also blocked transmission through -- for extreme cases,

e.g. child pornography." during this human day session, musk was asked directly about the t put her accusations paid > if twitter is doing 1 teams bidding before an election -- if twitter is doing one teams bidding before a pivotal election, that is the very definition of election interference, of course. >> emily: and yet, brian, the attack seems to be squarely faced on the messenger instead of the explosive revelation. >> this was a fascinating weekend, let's be clear: if you are a journalist, you should love this. journalists around the country said "a nothing burger kind of story." but if you look at what they found, it was a twitter that looks like ftx. everybody was making it up as they went, inventing policy,

stretching policy. elon musk is reinventing the game, saying that they will be radically transparent. a challenge the rest of you to keep up. we have not gotten answers on the fbi story. what's going on with the fbi? that piece of the puzzle was not revealed with what we got over the weekend. that's the central issue we've got to figure out, because they were tipping twitter off to specifics in this story, including hunter biden. that means something and we need to know more. >> emily: to martha, as miranda devine was reporting, the fbi reported twitter to potential political operatives hacking and releasing content citing the hunter biden scenario, but was it twitter that ran with it and led to that twisted mentality with any request they would honor at that moment: "must be this, must be this," and it begs the question:

does it matter? if the american people had known the contents, would that have changed their decision anyway? >> martha: potentially. i think it says a lot about what twitter is: it's not a town square, not place -- and we know this clearly from everything that's been revealed of the inner workings of this company. they made decisions about what works, didn't work, what they wanted to sit on, amplify. they are not an open town square f and open town square forum, and that is why elon musk says he wants to get the dirty laundry out there "i want to start from square one --" in a way that makes it more of an open town forum. "the new york times" reported it, "the new york post" wanted to tweet and share it. "the new york post" as a journalist organization. say what you want about the articles, the articles they print and whether you agree with what they say come but it is a journalist organization. it's not twitter's job -- this

is what the comments are for on twitter. if someone disagrees with the te -- what's "the new york post" found, they can weigh in with the back and forth. that is what twitter is supposed to be. it made me think about the 2000 election. there was an early story that george w. bush had gotten a dwi in maine in 1976. it came out through a regional outlet, then fox decided "this is a story, it's going to go out," fox reported it and other places picked it up. it was a story that could have affected people's thinkings right before the election, but it was -- because this is, at its base, a journalist organization. we cannot avoid that story. we put that out. twitter, what are you? are you a town square? if you are, you have to say "if

the newspaper wants to post something we will allow them to post it, and let the town square decide whether they think it's valuable." >> emily: the irony i see is that the protection of social media platforms has enjoyed and continue to enjoy, safe from all liability from the horrific contents people post is because -- they don't interfere with the content. >> martha: and they have egg on their faces because that's not what they do, and mark zuckerberg told us that's not what they do. >> emily: that's right. we are seeing it play out in real time and the toxicity in the cesspool, because it's being used again to attack the journalists, calling them red pill takers and worse simply for reporting or daring to report the truth. >> amy: i think the bottom line is it is about free speech. everybody has to have their opinion and we should come as americans, be able to look at what's out there and decide for ourselves. no other agency is supposed to filter what we are looking for. i agree with brian that this is an opportunity for business. elon musk will do something that

is fair for everyone, and he has to. in america, twitter users are -- not everyone is using twitter. we think everyone is because we put it on tv. most people are lurkers looking at social media. it's actually an opportunity for business and if elon musk keeps it open, he's going to get new users and people who want to talk freely. >> emily: that might be from stomach refreshing. to amy's point, 90% of content on twitter is put up by 10% of users. we have seen party and lawmakers capitulate to this loud, minute segment of the population. now we are seeing it being for third. i wonder -- the data dump will be fascinating. elon musk chose matt taibbi and another colleague because he wanted to get this out clean without having another million stories against that. i would never bet against elon musk. i think he's making the right

choice. to your point about journalism and letting the story get out there, we've not seen the mainstream media cover the story. "the wall street journal" said at the time "we examined those messages." kimberley strassel at the wall street journals spoke with tony about belinsky before the record -- spoke with them before the election. they put it out on the town square. the other thing that i think will be interesting, twitter was a publicly traded company at the time that this happened. what happens to the shareholders? a lot of them lost money, rightly so in that elon musk take over. is it right for a corporation, publicly traded corporation, to be in a box saying "here's a loser and a winner?" democrats win, republicans lose. that's what the staff was doing. elon musk said "it's a san francisco company."

they penalized, wrongly so, those at "the new york post," and they also penalized those at "the wall street journal." we were talking about this on both of our networks before the election of 2020. >> there were internal voices at twitter saying "this does not hold up, does not meet our hatch policies policy. we can't do this." and the decision by the -- not jack dorsey level but just below said "we can do this." >> martha: adds to what you said about handled, to me that's one of the most significant -- and he goes back to what you were saying, brian. the weak fbi was having weekly meetings with twitter. it's not just their integrity, it is who they were listening to. at these weekly meetings, they were getting these emails "this and from the biden folks." a list and it says "handled." >> and mark zuckerberg has admitted that. >> emily: everything you articulated is laying out the

foundation for a perfectly set lawsuit. you are right, they owe a fiduciary and legal duty to shareholders. that paper trail of answering mostly to the left, skewing with and for political results -- i don't know how they will get out of that. >> it's messy. >> we will bring you every development as it occurs. coming up, the issue of religious freedom and lgbt rights is back before the supreme court today. that issue: whether a christian web designer should be forced to make websites for gay weddings. . my a1c was still over 9. (man) then i got the dexcom g6. i just glance at my phone and... ...there's my glucose number. no fingersticks. none. yes! yay! my diabetes is no longer a mystery. you see a spike after eating raisins. but dark chocolate? no spike. that's a huge victory. my a1c's dropped over two points. to 7.2. (woman) i actually can't wait for my next doctor's appointment.

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>> martha: the supreme court is hearing a case that pits religious freedom against gay rights. this graphic artist says her

christian beliefs prevent her from creating custom websites for same-sex weddings. she is seeking an exemption from the state's public accommodations law which bars businesses from refusing services based on race, disability, and sexual orientation, among other protected classes. >> colorado is censoring and compelling my speech, forcing me to create messages that go against my deeply held beliefs. >> the aclu's national legal director argues that's it's important to keep the law in place. >> if three oh three creative -- up to 330 creative prevails, but in any business that expresses, which is a lot saying "no jews, christians, blacks, gays

served." we had that in jim crow, i don't think we want that back. >> martha: emily, i'm going to go to you first. what do you think of this? >> emily: i would say the issue with his response is that it's very overbroad. the point that is before the court is colorado's antidiscrimination act put into law as unconstitutional, and it violates free speech. the exception would be wanting to express religious beliefs and only serving couples that are between a man and a woman. the issue in part is that the lower court ruled that websites were pure free speech, so you would think "it must fall under the first amendment." but she as an artist has a monopoly over her website and the style of her own artistry. that doesn't make sense. [laughter] the other issue is that, unlike

public accommodations, hotels, restaurants and the like, in the internet the world is your oyster. there is not the question of monopoly and physical access, barring someone where you truly cannot find a place to eat. i think the response by the aclu seems to cast the light in an entirely different way than her ultimately, what i think her successful argument will be, that she will be allowed to make websites because of the union she believes in because it's not excessive and is not a monopoly. >> martha: interesting part of the decision that because she is an artist she is providing unique content, which is why she creates her own content appeared the truth appears to be, brian, that these services can be found in a number of different places. the people have options, will not be blocked out from having a website. >> brian: if you define what she does as a monopoly, every single business on planet earth is a monopoly. free speech falls apart because

everybody is unique in some way. you put the shoe on the other foot and do the analysis. let's say that a website designer had a really strong view of marriage as it prevails in the country, and a client with the traditional view said "i want you to make a website." does the person have a right to say "i'm not going to do that?" when you play these arguments in one direction, you have to play them in both to understand the logic. the tenth circuit, to me, has urologic, which is why colorado's not leaning on logic from the tenth circuit for their supreme court case. >> martha: it also strikes me: there is a difference between providing the service, i think there is, that is specifically about the marriage and the wedding, and someone walking into a restaurant saying "this is an open restaurant, i want to eat here." isn't there?

>> cheryl: absolutely. any of us could do a quick google search and could find thousands of people that will make websites. that is the spirit of capitalism and what it's all about. her decision to not interact with someone, her values are just as before. she should be able to have the same values that she wants in her workplace that is not infringing on anyone else. it might be bad business for her to start excluding people. i don't know how that will work out for her eventually, but that's part of the open system that we have in our economy and american general. free speech and business, and also how people want to go out on their own and do their own thing because you can go in a million different directions. you don't have to do it in the same way. it might be bad business for her, but her values are just as

important. >> martha: it strikes me from the business side, if it is an artist who says "i do commissions," and then i think of the famous crucifix case which people thought was abhorrent. if you've come to an artist who was advertising "i do commissions and asks to have something done, but i can't do that, it conflict with my beliefs," is it similar or dissimilar? >> cheryl: i will add that my 9-year-old nephew could design a website. there's plenty of options. this concept sets a dangerous precedent for businesses, especially vulnerable small businesses. this would open up a can of worms across the country to wear -- look, i like riding a bike but i don't like swimming, so don't make me go out and swim if i don't want to ride my bike.

i think the pandora's box could be dangerous for the court. at the same time, what about her rights? speech to the religious component -- >> the religious component is very dangerous, because what are you going to do, force a magazine to publish a pornographic magazine? there is a lot when it comes down to a degree like that. >> when a law steps in and why it becomes a matter of legal decision is whether the law protects that particular thing in issue. these are good examples and i think it helps to flush out by don mike white logically it feels a certain way, but ultimately, what matters is whether the status of the same sexual preference, et cetera, that is protected under the constitution as interpreted by

the state of colorado. >> and if you are congress, can you be forced to provide a service? that's one of the legal questions that makes small businesses very vulnerable. >> imagine setting up an etsy shop and you have a particular way that you want to do something. is that where we are going to? speak authentically, you would think someone wouldn't want that, they would find a better fit. >> coming up, america's crime crisis keeps getting worse in some cities led by democrat leadership. disturbing footage from new york shows a brutal attack, hitting a man with a baseball bat. that person, they have not caught him yet.

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>> another disturbing scene out

of new york city. warning, the video is graphic. it shows the attacker taking a baseball bat and hitting another man on the back of his head on the sidewalk in broad daylight. the victim knocked to the ground, in pain, and in c -- yelling at him, and stomping on the man before leaving. this victim was taken to the hospital, his attacker is still on the loose. the nypd is asking the public and help identifying him. thankfully, the footage is clear, enough of their face that hopefully they will be apprehended soon. speech of the frustrating part for so many new yorkers, crimes were people are repeat offenders. there is a bigger problem than just the crime. as a new yorker, it's sad to see how mean people have gotten. there was an altercation between the men before it turned violent. it seemed horrific that that is happening on the streets of

new york city that someone would get that violent, other people are around watching, and we do not know what is happening. as a new yorker, it's scary to get on the subway. we're talking about rape on the transit system that runs -- this is how people operate day today. there are not cars for new yorkers. we get on the subway, where crime has jumped. it is about people needing a police presence, which is starting to increase. even when it does, we can't have the same people back out doing the same crimes five-minutes later. >> emily: we know that homicide, robberies, rape is up, as have robberies and car thefts, and all of these things illuminate other stats -- the issue is when you show videos like that every day, it never ceases to be nauseating and

shocking. >> the latest data says homicide is up in new york. people say "crime is down, shooting as a man rapes are down." it's a bad situation. everybody knows who loves this city that it doesn't feel safe. a man got stabbed in the subway the other day, his things were stolen. you can use a knife, a gun. there's all kinds of ways to go about this business. i am sensing that mayor adams saw and heard some of what happened during the last election in terms of what people care about. the things he ran on he is starting to move forward on. one of those is to remove people who are mentally unstable from the streets involuntarily and put them into hospitals, then figure out where to go from there, which will be big for him to figure out. increase in police on the subways and in the streets.

i think he is starting to move that message forward, and i hope he will. >> i don't know how he can do all those things too, because you are looking at taking up people. i have to get off on some of these things and be serious about it. if they are not, this idea that we will collect everyone from starting problems will dispense them quick. >> people wandering around and stabbing people. >> when it comes to the money we are spending as in the in the - this is a multimillion dollar business with corruption, there is a report whether it was under bill de blasio are now erica adams, that the homeless people in this city are not being served. they are being left on the streets, and to your point, martha, mental illness and chemical addiction are going hand-in-hand and almost 80% of these cases around the city.

you saw what happened with -- hopeful, people voted for and said "i'm sick of this." i have to commend the nypd. they have been hog-tied. you can arrest somebody 50 times and they are back on the streets, so arrests are up. thank you nypd for that. when it gets to the courts, that is when the system is falling apart. >> i'm on the subways every day in the city, there are more police officers, but in a lot of cases, they have looked dispirited. they are looking at what's going on and saying "if i do something here or here, what difference will it make if nobody goes to jail, if they are turned back out on the streets again?" to me, that's not -- it is what happens after police officers do their job. they know just as well as the

job is not. >> talked about on show and specifically say that they are not protected by the legal system. >> their qualified immunity is under -- mayor adams' watch. what he's doing is too little, too late. the nypd are dispirited, overworked, understaffed, underpaid, did not have a contract for the longest time, and the mayor is asking them to work overtime without break to police the streets to keep us safe, which they do anyway without being asked. i feel like what is getting coverage now is the mayor asking them to do the job they are already doing with less. because of the judicial system -- and you mentioned the rape that we covered was a man who had been arrested 30 plus times at the hands of nypd, who are exhausted at the prospect of putting their lives on the line

for good people who are getting terrorized by atrocious people that the democrats are letting out from jail, and there's no judicious discretion in this state and all its judicial wisdom from the blue in charge. to me, it's a big miss. i don't see his new coming to light making a difference anytime soon, and i worry about how many wives have to be sacrificed, civilian and in blue. >> you talk about repression and bureaucratic systems in new york. the money is there to pay police officers more? where is it going? >> half a billion dollars to rent a home a shelter that doesn't work. >> coming up, a city in california is handing out money to residents so that they can donate to political campaigns -- you cannot make this up. more on that next. homegrown tom. i want to feel in control of my health, so i do what i can. what about screening for colon cancer? when caught in early stages it's more treatable.

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♪ ♪ ♪ ♪ >> another handout out of california. oakland passed a measure to give residents money to donate to political campaigns, in a bid to increase voter turnout, called "democracy dollars." guess who's funding it? the taxpayers. it requires adult residents, including non-u.s. citizens who hold green cards, four $25 every two years. "we deserve a government that prioritizes the needs of oakland residents rather than the special interests." more -- for "our concerns and prioritize our values." first of all, why do you have to incentivize what is a civic honor and duty, which is voting, and secondly, after so many issues with special interest groups, change it rather than rewarding voters with taxpayer

dollars. >> this is the state of california who loves to hand out money, so they will have a $24 billion deficit coming up. that state had a $55 million surplus that they did not expect, and now they will go $100 million budget with surplus to being in the red. they have been spending their money on all of these climate change initiatives in state legislature. they have been spending money on the homeless population, in particular thinking about southern california, sending spg money for illegal immigrants coming into the state. i think there will be a reckoning on the budget side for california. >> and it's worth noting that all of that expenditure has not resulted in anything -- so millions of dollars, billions of dollars, changing the fact that homeless rates are skyrocketing.

as someone who was born in oakland, because of the incompetence and toxicity of their local leaders, things like the oakland raiders have left, the oakland a's are trying to leave. the warriors went across the pond. i saw a city that was gutted because of poor financial decisions, corruption, and inability to prioritize residence, then things like this come into play where they are saying "pay more because we are prioritizing our residents." but impacting the economy is too logical for them. >> this is the city council giving money to voters so voters can give it back to the city council. that's all they are doing. it's a circular scheme to get their money back, but in the meantime, we aren't going to do anything for the city. h -- does this democracy sound? this country is about giving your money, so you shut up and

won't use your free speech rights to talk about it. i think about trade-off. who loves that most? the people in office right now. >> we saw that with history in the making, our past and former president biden, how much that grassroots organization had so many donations in tiny increments. single-digit increments. in my opinion, it's a farce. some notion about "i have to entice voters. even $1 goes far" there is a way for those campaigns to elicit the help and contribution of those residents, without having someone else's tax dollars go into it. >> i see it as a way to take money and choices away. "we think it's a great way for individuals to donate $25 to the campaign." let people do that if they want to, spend the money the way they

want to. they earned it, they should be able to spend it the way they want. why would you as an individual want to give california your $25 and let them figure out -- they said the start up cost is like $1.7 million. it's ridiculous! so it's going to cost $25 per person and $1.7 million to set this up, the process. leave people alone. if they want to donate to a blu- to a political campaign, they will. >> the problem of california is they take your money. they give it back to you. just don't take my money. >> they will have a budget shortfall in particular because high income odors in california, texas, california -- -- -- high income owners in california, texas. >> we went from taxation without representation to "represent us with your taxes." i don't think so.

bottom line is that it's what martha is saying. that's the people's money. where is being a public servant, being a representative? it is instructive and demeaning at the end of the day. >> and you talked about a big surplus. that was during covid. trillions of dollars was sent to the states to help loosen things up and get the economy going during covid. they had a surplus. >> and now they are facing a shortfall. >> 80% of the tuition increased for the university of california. the entire system was -- including -- that it only worked for like 12 months. all of those taxpayers are on the hook for prior obligations that current tax dollars can't meet. the public schools in oakland are getting $25 to each resident to donate to a campaign. why don't you make it to the english and math test results

are over 12%? how about that? i won't hold my breath. coming up, it's the holiday season, time to celebrate, but there are some grinches in the mainstream media that think your holiday gift giving is bad for the environment. ♪ ♪ is accomack ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ can a button work wonders in the bedroom? no, no! not the fun button, the other button. sorry. marcia has sleep apnea and her struggles with cpap had me sleeping in the guest room. now she's got inspire. it's a sleep apnea treatment that works inside her body with the click of a remote. no mask. no hose. just sleep. now i'm back. and we're back. ♪ ♪ inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com >> tech: when you get a chip in your windshield...

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they truly saved my life. ♪ ♪ >> a month into the search for the suspect of a murder four iowa students. plus, elon musk threatening to release more twitter files. what will they reveal? we will ask jonathan -- when he joins us. shopping in full swing. her retailers are dealing with the spike in crime. talking store owners. we are also waiting on a white house press briefing after jam-packed to news weekend. join john roberts and me live with "america reports," top of the hour. ♪ ♪ ♪ ♪ ♪ ♪ >> gorgeous shot of the fox

square. it's the season of giving, but there seems to be a push by some in the mainstream media to get santa to be more environmentally conscious. check out this headline. "holiday gift giving is rife with waste." those experts claim that producing those goods and delivering them is problematic as unwrapping a present, because left over boxes paper end up in landfills. but, greenhouse gases -- this household on christmas morning. [laughter] going to be unwrapping, according to this, presents wrapped in newspaper. >> we should not celebrate. celebrating is wasteful. we shouldn't even get together because we will probably spread germs to others. my wife had a good way of -- i will say this on the keep it simple side. she said "give them something they want, something they need,

something to wear, something to read." i felt that was a goad to wait to give gifts for the kids. we are wrapping our presents, people! >> i don't know, martha. the kids will not be happy. >> just plain contrarian, there is some stuff there. i did not like the peachy nature of this article. "here's what you can do to be a better person." i do not understand the amount of plastic of everything we buy. there's two plastic pieces together. you try to open them with a scissor, can't cut through. it's impossible to get things out of the packaging they came in. if there would be a way to cut back on all of that plastic, i'm all for it. i'm also a big ribbon recycle or. i rolled out the wrapping stuff, there are ribbons in there from 2004.

[laughter] why not? >> reviews them. >> i wish i could say that i like to regift things, but that's because i'm thinking -- [laughter] i'm sorry. >> it's the last thing any of us needs. as a mother of ball four, i don't want more pressure during the holidays. i'm also a meteorologist and a scientist. i like the idea of doing things for the environment, but recycling in general, so many myths around it. we have to be better at choosing things that are not wrapped in certain ways, because it's the only way we will get rid of that. ultimately, if you really want to do a gift for the environment as a meteorologist, compost. it's not glamorous, it's nerdy to say, but if you want to do something wonderful for the environment, it has nothing to do with christmas. start composting your food, it helps cure of the earth, which is what it was meant to do. if you want to start by giving a gift, that's what you give: composting.

[laughter] >> the walls are plastic. >> they did say consolidate your shipments to his few orders as possible to cut down on delivery. they -- [laughter] >> i think everything in moderation is appreciated, and every type of advice is appreciated without having a condescension, -- without having a condescending elitist nature. of course a child wants to unwrap a gift and you want to reuse your materials as a parent. i do think that the reason, which they are not stating -- recycling centers is because china reneged on their deal. i don't want to disrupt the supply chain more for truckers and delivers and businesses anymore by saying "i'm going to just bake brownies for my daughter instead of supporting the economy because they need all the help they can get." i love your packaging point, the plastic is overwhelming.

i will send us to commercial fishing this story, but -- i'm using is not the right word, but how in covid, all of a sudden in the environmental fears and the cognizance about plastic went out the window because everything was wrapped individually. >> every plastic spoon has plastic around it. this draws all came back. remember that thing about straws, there were straws everywhere. a lot of extra plastic appeared to your point, i'm ready to have my four cannot be in -- [laughter] live and bright is wonderful. some of the ideas that came up within the article, giving experiences -- all great ideas for good living. if it maybe that makes your christmas special. it doesn't have to do with how you wrap your presents. >> or gift cards pit >> feasting should be lavish. we should not worry about waste. this is a time to do more than you need be, -- more than you

need, because i don't want to celebrate that -- out of my life because i'm worried. [laughter] it makes zero difference on the environment with what you do on this particular holiday, but live it up with your family and enjoy it. >> if you ever get a gift from me, it is bows of ribbons. there's a lot going on. >> cnn, ba humbug is all i have to have to say. [laughter] more "outnumbered" in a moment. ♪ ♪ ♪ ♪ ♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 2 system. with a painless, one-second scan, i know my glucose numbers without fingersticks. now, i'm managing my diabetes better, and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know.

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have never had hot chocolate. ok, brian, that actually shocked me more, i'm from california, as we all know, i understand the snowman thing, but the hot chocolate? >> you can have that anywhere. go to the local coffee shop and get that. look, if you are going to celebrate, wrap gifts, you got to get some hot chocolate, too. but snowman building is a way of survival in the great north where i come from. when it gets cold and life gets bleak, only one way you can help and it's putting the characters in your yard and merryment in the snow of minnesota. >> i grew up in dallas and made one pitiful snowman when i was six. >> we make the entire family. i'm an snow freak, i love snow, the more the better and make like when the kids were little, make the entire family in snowmen, and yeah, hot chocolate, come on. >> crazy to think about the hot chocolate. but as far as snow goes, we only

have about a third of the country that sees snow, and then once we get the coverage map, go about 60% of the country gets high elevation snow, so it's not at a place where we have populated areas. >> if there is this much snow on the ground i'm making a snowman and drinking hot chocolate. >> sandra: idaho police have yet to reveal a suspect or person of interest in the murder of the four university students, it has been more than three weeks now since they were killed while sleeping in an off campus home. investigators say they are making progress but have not yet released a motive. >> john: live in moscow, idaho, plus former fbi investigator bill daley says police science should not b