finished, but this is the last breath, the last gasp. the last sort of ditch effort. we're covering it, doc, so this is his way of reasserting himself in a race that he's losing right now. >> thanks for joining us. msnbc live continues next. right now on msnbc, the clerk who refused to marry gay couples released from jail with two presidential candidates by her side. a key milestone in president obama's fight for the iran nuclear deal. joe biden talks about running for the white house as 2016 heats up. and should two football players face criminal charges for this? a blindside hit on a high school referee. very good day to you. we start this hour with breaking news. no overhaul of marriage licensing says kentucky's governor after the clerk who refused to issue same-sex marriage licenses got out of jail today. the huge crowd of her supporters just greeted her like a hero with music and with cheering.

>> would you please help me welcome to the stage kim davis. ♪ ♪ rising up back on the street ♪ did my time took my chances ♪ >> like "rocky" with "eye of the tiger," her lawyer saying she has no plans to quit her job. this as she cried on stage. she thanked god at the microphone and she nodded yes, that it was all worth it. >> thank you all so much. i love you all so very much. just keep on pressing. don't let down. because he is here. >> msnbc is outside the jail where davis was held. you saw from beginning to end. what an arc, what a crescendo

that all was. and as you were saying a little bit earlier in the day, no one really expected davis to be released today. so how did this all happen? >> no, nobody expected her release today, richard. not even her legal team. this crowd was out here for a rally that was supposed to begin at 3:00 featuring mike huckabee. ted cruz also had announced he would be in town. they were the draw here. then kim davis' release surprising everybody. it wasn't based on any of the briefs her legal had filed but the deputy clerks began to issue licenses to same-sex couples on friday. the judge said that fulfilled the obligation of the office. now, he released davis, he ordered her released, ordered not to interfere with the deputy clerks continuing to issue those licenses. you saw davis emerged out the door very quietly at first, then took the stage. became very emotional. thanksed the crowd, but did not comment on her specific legal case. she'll return to work later this

week. her attorney didn't know exactly when, saying she was going to take tonight to be with friends and family and kind of -- >> right. >> reset her mind. decide when exactly she wanted to go back to work. >> not only resetting her mind here, sara. the question might be with all this reaction, will she comply with the judge's decision here or will she do this again? >> that's the million dollar question. are we in some sort of groundhog day at this point? are we just doomed to repeat the same cycle? i asked her attorney just that. and all he would tell me, even when i pressed mult ip times, was she will not violate her conscience. take that to mean what it will. kim davis wants her name, she wants her authority removed from that document. interestingly, the marriage licenses that were issued on friday doesn't actually have her name on them. they have the deputy clerk's name and signature. however, her attorney says that was just done by the deputy clerks. it wasn't done by the governor or by the legislature by any sort of official vote. they want that to happen before we move forward.

>> you know what it means here, sara. do not leave that site in front of that satellite truck for a couple of days. with the very latest on what might be happening as we move forward. several candidates say davis needs to follow the law. then today former arkansas governor mike huckabee and texas senator ted cruz met with davis as huckabee introduced her at the rally, he had a strong message of support. >> we will stand with kim. we will stand with the constitution. and we will stand with our faith and we'll not be bullied no matter even if they incarcerate us. >> let's bring in clarence page of "the chicago tribune." very good to see you. that is, of course, not clarence page. there he is! what have we seen here? when i saw it, i said to myself was this the birth of kim the clerk, the surrogate of 2016, shall we call her, a la joe the

plumber? >> you stole the words out of my mouth. when i saw "eye of the tiger" rising up, is this the launch of the kim davis presidential campaign or whatever? we've got mike huckabee there, ted cruz who did his follow up with them. and a lot of the, what, show business values we saw around this rally today were apparently generated by mike huckabee's folks. he's clinging closely to her now. as he tries to develop his own base. and this is the way huckabee scored in iowa last time around. he's doing the same thing. the christian church-going base there in western iowa is critical for winning that state. he's trying to generate it. so is ted cruz.

among other republicans. >> on that note, they're both there, but we did not hear from ted cruz. we did hear from mike huckabee. do you have any back story on that? >> i've heard that ted cruz got elbowed aside by huckabee's folks. i haven't heard any details on that. but nevertheless, it doesn't surprise me because both of them are going after the same base. and this is, what, a 15-candidate field the last time i counted it? >> right. >> so they're doing everything they can to try to get some attention as donald trump sucks all the oxygen out of the room. >> how do you characterize this? you've got two republican candidates that were there as you noted, both trying to steal that thunder. they rushed to kentucky to try to get that. what's your view on what that means for the other candidates who were saying let's not associate ourselves with kim davis. >> well, the republican party is a diverse party, actually. politically. we found ronald reagan in the '80s. his genius was being able to

pull together those many factions including the christian right to the libertarian folks and the country club republicans, blue collar reagan republicans. that has not happened so far this year. we're seeing the various factions of the party polarize around different candidates. and i think at this point we certainly today saw cruz and huckabee working the base. as far as folks like lindsey graham or jeb bush or others who say that the law must be followed there in kentucky, they're going for the more pragmatic republican vote. >> views as diverse as the candidates are. clarence page of the "the chicago tribune," thank you right now. i'll see you later in the show. a major breakthrough for president obama's nuclear deal. three democratic senators are in favor of that deal. that makes 41, enough to filibuster a republican resolution of disapproval.

the house and senate will debate that this week. minority leader harry reid -- >> today i'm gratified to say to my fellow americans, our negotiating partners and our allies all around the world, this agreement will stand. america will uphold its commitment and we'll seize this opportunity to stop iran from getting a nuclear weapon. >> meanwhile, former vice president dick cheney ramped up his criticism this morning. >> with the removal of restrictions on iran's ballistic missile program, this agreement will give iran the means to launch a nuclear attack on the u.s. homeland. arming and funding iran while providing them a pathway to a nuclear arson enal an act of pe. it is not the only alternative to war. it is madness. >> the white house fired back through a social media campaign. it argued the former vice president has been wrong on mideast policy before. take a listen.

>> you think the american people are prepared for a long, costly and bloody battle with significant american casualties? >> i don't think it's likely to unfold that way. because i do believe we'll be greeted as liberators. >> joining me now, senator chris murphy, democrat of connecticut and ranking member of subcommittee of the u.s. senate foreign relations. senator, what might cause this 41 senators that are coming together, we think, in support of this deal to falter? >> well, it remains to be seen whether all 41 of them will stick together on these procedural votes. but frankly, i think it matters whether this agreement has to go all the way to the president's desk, get vetoed, come back to the senate. if we already know this is going into effect, then let's make sure it doesn't go farther than the senate so we don't go through an embarrassment to some degree of the president having to veto a motion of disapproval. there would be some cost to

american kret ikd. i think that it's likely the 41 or maybe 42 ultimately will stick together and this resolution of disapproval will end in the senate. if it takes a couple more days or week, so be it. but we know this agreement is going into effect and we should start about the business of making sure that we enforce it. that's going to be the most important work that we do between the administration and the congress. >> we just dick cheney had to say. you said the middle east is full of shifting subtly and nuance. simple rules do not apply. except one. whatever cheney says, do the opposite. does his voice still swing votes in d.c.? will it matter to what's happening right now in that 41? >> no, it doesn't swing any votes, frankly. all the republicans, most of them, had decided to vote against this almost before the agreement was entered to the senate. and you know, it's not lost on us that the iran that we're dealing with today, this

regional power was created by the iraq war, the very war that dick cheney put into motion. isil that we are attempting to defeat in the region today is a by-product mostly of the iraq war. so dick cheney getting up there today and telling us what we should do to clean up all the messes that he and george bush created is an argument that not a lot of people, frankly, on either the republican or democratic side are listening to. >> before we go, i have to ask you about your vent trip to the middle east. you were there. you got to see one of the syrian refugee camps. you saw the sea of humanity fleeing their homes. tell us what you saw, what you heard and what you smelled, for that matter that stood out. and should the u.s. do more based on what you saw? >> well, i saw tens of thousands of little kids who aren't getting educations. girls who are being sold into marriage who are working out on the streets to try to make a few cents a day for their family. i saw 00s of refugees every day that are leaving the camp

because they see absolutely no hope. many are going back to syria to face certain death or going to europe. the united states is losing credibility in that region when we don't step up and offer more humanitarian assistance to make sure that things like the world's food program continue to operate. it has run out of money. that's an abomination. we need to start taking refugees ourself. it's not easy. but the fact that we take almost none of those refugees while germany is taking 800,000, it's a stain upon the american conscience and we should end it. >> it's tough to imagine what it is like to be there. thank you for your time tonight. >> thanks. more on the migrant crisis the senator was talking about. thousands fleeing war-torn nations that continue to rush europe's borders. the united nations calling for more countries including the u.s. to help ease the growing humanitarian crisis. video from hungary today. here it shows hundreds of migrants breaking through a police line on the serbian border. this is hungary's prime minister

vows to build a border fence to keep the migrants out. >> i don't have anything here. i have one, two blanket and for two children. small children. my small children is 5 years, okay? she's a sick. what can do i for them? >> they say, two day, three day. why? why we are here? >> meanwhile, germany's chancellor angela merkel has vowed to spend an extra 6 billion euros to help pay for the migrants the country expects this year. more than 28,000 arrived there in the past week alone. joining me on the phone is claudio lavanga who is in budapest, hungary. thank you for joining us at midnight where you're at. what's happening at this hour? do the migrants continue to move at this hour of the day? do they just have to find places to sleep? what happens at this time? >> well, richard, they do. i just came back from the train

station which is the main station here in budapest where the refugees tried to get trains to austria and germany. now we've seen about 3,000 refugee last week protesting and creating really mayhem to protest against the impediment imposed by the police for them to enter the train station and they decided to walk all the way to austria and in the end they managed to get there. now today there were only about 200 migrants, and that may seem like the situation has improved somehow because of it, with you in truth, that is only an apparent calm because the reason why there were so few today is, apart from the thousands that managed to get to austria, is because there were hundreds that cannot reach budapest because of what you said in your intro. well, they are stuck just across the border from serbia into

hungary, and they are being detained in this refugee camp by riot police and they've been trying to break through the cordon, trying to get to budapest to germany and austria. well, they are saying they don't want to stay in hungary. they want to go to germany where they want to apply for asylum, but they're facing the hard line of the prime minister here who says that he wants to protect europe's border issues. >> claudio, so what's new on this monday, now your tuesday because it's past midnight there, is there's more free flow rule. although there's bottlenecking, you have less of it for passage. has that helped or hurt the situation as you look at a new week starting? >> well, it has helped for those who were here last week. of course, they managed to get through austria, but this is changing quickly. the austria chancellor has already said the wavering of the blockage there at the border is

coming to an end. and he can't just let hundreds of thousands of migrants through austria without a check or without them being identified. on top of it, the prime minister of hungary, the hard-liner, victor orban has announced by september 15th he will introduce new harsh measures to counteract this new influx of migrants. he will make the crossing from serbia into hungary a criminal offense. he will continue to build a 15-feet wall across the border with serbia on top of the three layers of razor wire fence that is already built across the length of that border. and he will -- has announced he will send the army to help the police stop more migrants from coming in. >> certainly a humanitarian crisis that so many are watching and hope will get better. 12:16 a.m. on a tuesday, claudia

lavanga for us. police say they're one step closer in finding out who killed an illinois officer. donald trump mocks jeb bush with a new video about a woman falling asleep at a town hall. and vice president biden talks about his wife and all the buzz about 2016. plus, it is williams versus williams. serena's bid for the first grand slam since 1988 will have to go through her older sister. just . to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world. we just need to make sure she has what she needs. welcome to windows 10. the future starts now for all of us.

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your retirement accounts got a reprieve today. stocks rising sharply late today power in part by a rebound in the stock market in china. it played a role in wall street's rocky road last week but today a turnaround. it was green across the board, both in china and in the u.s. the dow jumping 390 points. that's a good gain of 2.4%. back with more on vice president biden in just a little bit. ine .

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now to the 2016 race for the white house. dr. ben carson surging in the polls behind donald trump. he's jumped 13 points since the first republican debate to second place. now, just hours ago, carson wrapped up an event at the commonwealth club of san francisco. he got emotional there, talking about the groundswell of support. >> the average donation is only, you know, around $50. you know, some of the letters are so poignant. you know, people on fixed incomes. and they say, you know, i can only afford to send $25 this

month. but they say next month i'm going to send you $25 again. and the next month i'm going to send you $25 again. and i got to tell you, i do not want to disappoint those people. i certainly don't want to waste their money. >> meanwhile, donald trump is hitting jeb bush again for his low energy. take a look at his latest instagram video. >> having trouble sleeping at night? too much energy? need some low energy? >> they have an hsa in some companies, some companies don't. but i think the norm ought to be -- >> jeb. for all your sleeping needs. >> you can probably imagine jeb didn't like that. he hit back on twitter asking who would you trust to stop the iran deal? teasing to a clip of trump. and on the democratic side lots to talk about there today, too.

joe biden, the vice president, heard chants of "run, joe, run" at a labor day parade in pittsburgh. and he did run. he had this answer to a person in the crowd at a speech. >> biden for president. >> no, you got to talk to my wife about that. i've got the talk to my wife about that. >> there are numbers there. biden has pulled ahead of bernie sanders in the latest national poll. back with me now, clarence page of "the chicago tribune." we were watching joe biden over the weekend as he was there in labor day events. seemed like he took a little bit of a different tone than we saw the week before or the week before that. are you reading anything into his behavior here? will he talk to his wife and will she say, yes, go? >> i tell you, i was getting out of breath just watching him run through that parade. i mean, he looks more vigorous

and energetic than me and half the people i know. joe biden loves his -- i've been covering him off and on since he ran for president back in the '80s. he hasn't changed. i mean, he loves the campaigning process. he also was in his element on labor day. he is a blue collar labor kind of guy. calls himself middle class joe. and really connects with audiences. i'm not surprised to see his polling numbers rising even though he hasn't said anything that spectacular as far as a policy announcement. everybody kind of feels like they know him. either they love him or they don't. he's got a base. the question is is he going to run or not. and he hasn't made up his mind yet when he tells us. >> some higher ranked democrats say it's just a matter of time. at least that's what i've heard. when you look at the egg timer joe biden, as we see him running

faster and you make that comparison because biden the standa standardbearer of running quickly. >> he's always wanted to run. he wants to run now. this would be his third time. and he doesn't want to run unless he's really got a good chance of winning. notice his language has been very gentle toward hillary clinton and bernie sanders. >> does he have like a week, two weeks? how much longer? >> well, you hear different numbers about different deadlines if he doesn't -- i used to hear people say, if he doesn't decide by labor day or past labor day. >> there you go. >> i don't think he'd have trouble raising money, frankly, if he decided to run. the big issue for him, of course, is hillary clinton so weakened right now and is the groundswell of support for him so great that he can do this without embarrassing himself and the party? >> is it really a matter of just watching the polls and hillary

clinton and bernie sanders? do they say mixed as they are right now, that is just the extension of the deadline, if you will, for joe biden? >> what else is there to watch? i think about how hillary clinton today apologizing finally for her server, for heavens sake. for her, that's a big move. she's really been playing a front porch or back porch type of campaign so far, but she's being forced out now by sanders and biden. and that's good for her because she needs competition. we saw that when she ran against barack obama or obama ran against her and displaced her as front-runner that time. she doesn't want that to happen again. >> the line in the sand is now halloween, between you and me, clarence page. >> why not? i can't wait to see the costumes. >> we'll see a lot of them. thank you so much from "the chicago tribune," have a good day. >> thank you. ahead, sisters' showdown. serena and venus square off at the u.s. pope.

football players blindsiding a ref. was a coach involved in this? and stephen cole bear's big debut. what did iran's supreme leader get in the nuclear deal? to start with, $100 billion. they keep their nuclear facilities and ballistic missiles. there won't be surprise anytime-anywhere inspections. and after ten years, restrictions are lifted and iran could build a nuclear weapon in two months.

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in less 30 minutes, get out your watch here, the greatest sibling rivalry in tennis gets to a whole new level. yes, we're talking about the williams sisters. they face off against each other at the u.s. open quarterfinals. it will be their 27th match against each other, and it's a big one. the only person standing in the way, serena -- for serena's quest for a grand slam is big sister venus. stephanie gosk has more on this historic matchup from arthur ashe stadium at the u.s. open. >> reporter: they've played each other before, 26 times to be exact, but nothing quite like this. for serena, a grand slam is on the line. the last female tennis player to do that was steffi graf back in

1988. for venus, she hasn't won a major in seven years and she's been playing really, really well. now, one of those sisters is going to be playing the spoiler. it's a terrible position to be put in. as they've said in the past, a victory is bittersweet, but perhaps a loss isn't quite as painful because your sister is still in it. now, serena has won most of these matchups, 15. she's the baby sister by two years. and these two sisters are emotional favorites here almost like hometown favorites even though they're from california. and loyalties have been split for flushing meadows fans. on the one hand wanting to see serena make history and on the other really feeling that this is maybe venus' last chance at a big major tournament. back to you. >> moving into their second decade of playing each other. stephanie gosk joining us from the u.s. open. still ahead, the story behind the shocking video of a referee tackled by two high

school football players during a game. did he get hit deliberately? plus former secretary of state hillary clinton tries to change the conversation in her run for the white house. can her campaign get past new details about her personal e-mail use? and stephen colbert takes over "late night" tonight as he begins his new gig tonight. there's only one egg that just tastes better. fresher. more flavorful. delicious. only one egg with better nutrition... like more vitamins d, e, and omega 3s. and 25% less saturated fat. only one egg good enough for my family. because why have ordinary when you can have the best. eggland's best.

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helps defend against occasional digestive issues. with three types of good bacteria. live the regular life. phillips'. right there. a high school football referee getting pummeled by two players at a game friday night. now, those two players are already potentially facing charges and now the investigation is widening to a coach who might have been involved in all of that. nbc's charles hadlock has more on the story from san antonio, texas, for us. >> reporter: a football play that's been viewed more than 7 million times. it happened at the very end of the football game between san

antonio john jay playing at marble falls about 90 miles from here. the last minute of the game, two players from the john jay team apparently had a coordinated attack on the umpire, hitting him at separate times from the back. they were immediately ejected from the game, but now we're learning here at north side independent headquarters here in stone dwroan antonio, that a co have been involved. he told the players something needs to be done about this umpire who was making bad calls or words to that effect. apparently there were some bad calls during the game. and some of the players say the umpire made what they called racial slurs against the players. now, a few minutes later, you saw that play. the two players knocking down the umpire. now, they have been jeekted from the game, they've been suspended from school. now the governing authority of athletics here in texas is launching its own investigation into this. they could file sanctions against the high school. on top of that, the marble falls

police department says it is launching its own investigation into this football play, saying that the players may have been committed a criminal act. richard? >> charles, thanks so much. charles hadlock with that report for us this hour. now, this afternoon school officials are talking about what might have led to the two students tackling the referee. take a listen to what they said. >> during the game the players were feeling lots of frustration by what they perceived to be missed or wrong calls by the refs. the players also allege racial slurs were directed at them by the umpire. the students allege that an assistant coach said, that guy needs to pay for cheating us. his alleged suggestion to the students was inappropriate and could have led to this incident. >> all right, seema iyer joins us. as we look at this -- let's just take this in order.

if this intent here is there that they went and they tackled the referee, they're saying it might be because of bad calls or racial slurs or statements being made. would that, therefore, say it's okay? >> no, it's not okay. first of all, there's no corroboration that racial slurs were made. and isn't it just a convenient thing to say that they were, in fact, made? and if they were made, were they made immediately prior to the tackle to show this was in the heat of passion type of thing? i don't think so. from the video, the first person who tackles the referee, it seems very intentional, very direct, then he stands there for a second, so he doesn't enter the realm of play at that point. the second person is the one who uses the helmet, i believe, and the helmet could also be concluded as a dangerous instrument in the context of the assault. but it's clear that there's intent there. also, the issue that a lot of people are talking about is that

some states have this protection for sports participants. and there are 23 states that have that protection. because otherwise these kids can say, oh, it's just playing football. so they have that defense. but in texas they may not allow that. >> 23 states out there that have such laws, it may be said that this is not necessarily the first time of such an incident happening in the past. as we were hearing from charles hadlock that there might be a coach involved as well. will this coach face any sort of legal repercussion? >> that's a great question. the coach could face criminal and civil lawsuits or litigation, rather, criminal obviously this is an assault and if he participated, aided, abetted, conspired in the assault, that's criminal. and civil because he has a duty not only to the school but to the students. >> right. >> and to behave in a certain way and to behave as a coach. you're a coach as well as a teacher in that respect. >> when you look at the video.

>> right. >> and it has been looked at many a time, you do see that one player moving toward the referee, then another one. but is there a ball that flicks in that area at that time? and no, it is not. it's a flag. >> see, what my point was, the first player that hits the ref, he's standing there, right after. he's standing. he doesn't just get into the center of the tackle and start playing football and tackling other football players from the opposite team. he just stands there. and i think the second one is a little harder to distinguish what he's doing. but think about it. why the 29-year-old assistant coach, why is he on administrative leave? why is this statement that he needs to pay for cheating us? this isn't coming out of nowhere. there's clearly some type of corroboration here. >> a lot of views. seema iyer thank you for your legal analysis. be sure to catch seema on the docket by the shift on msnbc.

baltimore officials have reached a wrongful death settlement with the family of freddie gray. gray died back in april days after he was arrested and placed in the back of a police van. that deal still needs to be approved by baltimore's board of estimates. stephanie rawlings blake said the settlement would resolve any civil claims against the city. but no impact on the criminal cases against the officers, all six have pleaded not guilty. one dead end and a promising lead in the search for the people who killed illinois police officer joseph gliniewicz. three men seen in a video from a home near where the fox lake officer was killed were not involved in that shooting, but there was a clue left at the scene. dna from an unknown donor. >> i'll just tell you that it was recovered from the crime scene and it is relevant. >> gliniewicz was found shot to death september 1st in a remote area shortly after he radioed

that he was pursuing three suspicious men. his funeral was held yesterday. the catholic church has unveiled a new process to simplify the procedure for marriage annulments. now the changes allow for fast track decision-making and a less bureaucratic process for couples who wish to remain in the catholic church. that announcement comes ahead of this month's highly anticipated visit by pope francis to the u.s. ahead, the reboot. can hillary clinton hit the post-labor day button? we'll look at the impact on late night, on comedy and politics. ngs hit, all i can think about is getting relief. only nicorette mini has a patented fast-dissolving formula. it starts to relieve sudden cravings fast. i never know when i'll need relief. that's why i only choose nicorette mini.

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call it the campaign reboot. hillary clinton's team is hoping to change the conversation. late today she apologized for the first time for using a private e-mail server as secretary of state. take a listen. >> in retrospect certainly, as i look back at it now, even though it was allowed, i should have used two accounts. one for personal, one for work related e-mails. that was a mistake. i'm sorry about that. i take responsibility. and i'm trying to be as transparent as i possibly can to not only release 55,000 pages of my e-mails, turn over my server, but i am looking forward, finally, to testifying before congress. >> two key words there that we haven't heard before, "i'm

sorry" from hillary clinton. those comments after "the new york times" reported a second review of her e-mail confirmed she received highly classified information in her e-mail account. but now the clinton campaign is hoping to turn the page and planning for the candidate to show more humor and heart on the campaign trail. she's taping an appearance for "the ellen show" that will air thursday. that happened right outside our studios here. let's get to alex seitz wald. those two words we did not hear when she sat down with andrea mitchell in the last week "i'm sorry." damage control, is it clearly causing what her campaign is thinking not good things. >> right, richard. well, i do think this is definitely very significant. i mean, we first found out about her use of a private e-mail server for official business back in march. and she has defended it. she said it was all above board. she has, until now, refused to apologize for it.

she's gotten a little bit closer, and with andrea mitchell onned from she walked right up to the line saying she was sorry for the confusion about the e-mails, but pointedly after andrea asked her numerous time, she refused to apologize. just yesterday in an interview with the ap, she suggested she had nothing to apologize for. so i do think this is part of an effort to clear the deck and put the story behind her. >> is it over? >> well, it's certainly not over yet. it's a first step that they need to make, and they know that. but there's so much of this story is outside of the clinton campaign's control. they can't control what congress is going to do. they can't control what the fbi's going to do. the key date for them, what they're staking their entire strategy on how to deal with the story on is october 22nd. that's when she's going to go before congress and testify about these e-mails. we're expecting it could be nine hours of long drawnout testimony. she hopes to answer all the questions then. she hopes republicans will overstep their bounds. until then we can't say this

story is behind her. >> along with that this is part of what we're calling, at least in the media, a campaign reboot. more humor, more heart. we've seen it done before. we've seen it telegraphed before. what's driving this? is it the money? because some donors are saying, hey, don't like this. is it the polls because they're starting to get more and more mixed? what's the thought? >> a combination of all of the above. things are clearly not going as well as they could be. hillary clinton entered the race this summer or in the beginning of the summer as the indocumemie front-runner. the idea was it was too easy of a walk, it would be a coronation. that's not happening now. she's losing to bernie sanders and he's breathing down her neck in iowa. time for a change. this campaign started out trying to put hillary clinton the person at the center. i think they lost sight of that along the way. they're going to try to re-introduce that. it's tough when you telegraph

that you're going to be less scripted and you're doing focus groups. >> it's like the comedian saying, here comes the joke. i'm about to tell a joke. did mention a shift in the clinton campaign. and they noted two jokes that mrs. clinton had told recently, one at hthat her campaign likede they did not. i'll get your reaction. >> you were official in charge. did you wipe the server? >> like with a cloth or somebody? >> a lot of people have said a lot of things about my hair over the years. so i do kind of know what donald is going through. and if anyone wonders if mine is real, here's the answer -- the hair is real. the color isn't. >> so alex, did they work? and is this a reaction to joe

biden who everybody knows is nice joe and he tells jokes and gets along with everybody. is this a reaction to that possibility that we've been talking about? >> it's a perfect illustration of how they want to use humor going forward. on one hand, no more jokes about the e-mail server. she'd been kind of a little bit flip about that in the past. there will be no more joking about that. a lot more joking about everything else in hillary clinton's life. when you do have the sitting vice president who had previously given all kinds of signals that he was not going to jump in the race now looking very closely at this, a guy who is known for wearing his heart on his sleeve -- >> mr. congeniality. >> for congeniality. for retail politics. certainly that's a contrast that the clinton campaign is aware of. everyone that you talk to that knows hillary clinton knows that in a small setting one on one, she's warm, funny, and it's sometimes hard for her to communicate that to the public. they tried to do that in 2008. >> alex seitz-wald, thank you.

>> thanks. an update on the story of the clerk in kentucky. earlier we were telling you about how mike huckabee and ted cruz were standing by as clerk -- or rather kim davis got out of jail. now, take a look at this video that we just got in. here comes ted cruz out of the door. huckabee on the sidelines. oh, wait, wait, go that way. evidently ted cruz reportedly tried to go to the microphones but was blocked by a huckabee aide. checks his watch. then appears to be blocking the senator right here, the gentleman in the red shirt. and "the new york times" describes cruz's reaction as incredulous, still pointing over to the right. cruz might describe it another way as he laughs in this video. still ahead, what to expect from stephen colbert. my house at a fair price.ork dod sure can. so i could get a faulty light switch fixed? yup! or make a backyard pizza oven? oh yeah. i can almost taste it now. tastes like victory. and pepperoni...

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that's something you'll still be talking about 20 years from now. yes, you'll be talking about it 20 years from now when the next bush is running for office. my next guest is a local michigander who is making a name for himself in the competition world of music. please welcome marshall mathers. our worship of technology has midwived our doom. grounded flights, plummeting stock markets, a totally unusable redesign of seamless. come on. >> joining me now is a host on sirius xm and the daily beast columnist. we can watch those clips all day. >> yes, funny stuff. >> he's got the shtick. as we move to 2016, he's got all the connections. he's done all the interviews and the pieces in the past, does he take the number one spot when he starts tonight? >> i don't think he takes number one. jimmy fallon is far and away, jimmy is immensely talented. so the stephen colbert. will america like him as much

when she's just stephen colbert, not the character they know from his own show on comedy central. more like stephen colbert, a funny guy. he gets to do other characters. >> why would he do that? we don't know what he's going to do. we assume less political, less punditly, but why not do more? >> from the guests. >> jeb bush tonight. >> justice stephen breyer on. who on a late night show has the u.n. secretary-general on. he'll tackle that with the gravitas that jimmy fallon and jimmy kimmel don't have. they're funny but this is different. >> but taking what's not funny and making it funny. and unlike the other is his political sphere. >> i think he does. he has credibility on it. he'll make us laugh and we'll learn something. he has the chance to be the next jon stewart but more entertaining programming as well. >> this is really the finishing of the changing of the guard. >> yes. >> what will be written about

all of these new -- and they're all great in their different ways -- >> yeah. >> big fan of jimmy fallon and his talent. you see him singing every night. what is that headline? >> it might be you have kimmel, fallon and colbert, all different, all with their own strengths. they can all have their own great audience, all make money for their network and ride high with their own audiences they're going after. he'll have credibility from jon stewart. >> it's always about the numbers. >> sure. >> you really think that he'll still stay far, far way back. even though there's a lot of interest -- we're giving him free press and talking about him right now. >> i don't think far back. he has a chance between jimmy fallon and kimmel in numbers in the demographic 18 to 49 that's so important for late night. $400 million in that late night pool to go for advertising dollar. a lot of money to be made. i think he's going to do fine. i just don't know if he'll be number one. >> we'll both stay up and watch

it. that does it for us this hour. i'm richard lui. thanks for watching. "hardball" starts right now. >> the battle has arrived. it's biden versus hillary. let's play "hardball." good evening. i'm chris matthews back in washington. he looks like a candidate out there in pittsburgh yesterday running back and forth across the parade route shaking hands, smiling, kissing babies, being joe biden. nobody loves the crowd more. and all of a sudden the crowds are starting to love joe back. we've got a new national poll showing him passing bernie sanders now. and now the number one challenger to hillary clinton. and she knows it. michael steele was chairman of the republican party. he's now an msnbc political analyst. amy walters and radio talk show's ron reagan is an