career. fresh off the complicated fiesta that is hispanic heritage month latina equal payday is sitting out there like a reminder of how much work there is to do. catch american voices starting tomorrow at 6:00 p.m. eastern. we'll have a guest host. but for now i hand it over to my colleague ayman mohyeldin. >> thank you for talking about inequality. not only when we talk about the gender inequality in wages, but also in terms of the economic recovery coming out of this pandemic. you see that inequality across all kinds of racial and end gender lines as well. >> we were warned it would be an uneven recovery and we're watching it bear out right now. thank you to everyone at home watching and for tuning in, good evening to you and welcome to ayman. tonight economic anxiety is sweeping the country, everything from supply chains, worker

strikes and as we were just talking there, income inequality. a deal on biden's buy back better, are democrats closer to reaching a deal. i'm going to ask congresswoman debbie wasserman schultz more on that. the select committee is sending a clear message to anyone that refuses to testify, show up or go to jail. some of their new laws are about to be put to the test. tell you about that. i'm ayman, mohyeldin, let's get started. ♪♪ all right, so driven by workers dissatisfaction and some committee economic indicators, a sense of economic anxiety is taking hold in this country and perhaps you're feeling this yourself at home. it's playing out in a variety of ways and i want to walk you through what we're seeing. now, all across the country workers are making it clear they're tired of the old way of doing things and they want a better deal. on thursday of this week more

than 10,000 union workers took to the picket lines located across the midwest. it's had an incredible year. in fact, it is expected to report record profits of almost $6 billion and the workers who kept the company running during the pandemic want a bigger piece of that pie. they overwhelmingly voted to reject one contract offer from the company, and they're holding out for a better deal. it's important to note, they are not alone. last week, 1,400 workers at kellogg's cereal plants in michigan, pennsylvania, nebraska and tennessee went on strike. 1,100 coal miners in alabama have been on strike since april. over 2,000 nurses are on strike in buffalo. in massachusetts, a strike by some 700 nurses have been going on for seven months now. in california and oregon, more than 24,000 nurses and other health care workers have voted to authorize a strike at kaiser permanente. that's one of the nation's

largest health care providers. and in just 24 # hours from now we could also see a strike called by the iatse, the international alliance of theatrical stage employees. they're basically the people behind the scenes who are keeping hollywood up and running. there's 60,000 union members who have voted to authorize a strike against the major movie and tv studios that would begin once the clock strikes midnight tomorrow. workers and the unions that represent them, they're feeling emboldened by this new data about the health of our economy and they're using their leverage to make work, work for them. strikes are just one way workers are expressing their dissatisfaction. others are just straight up quitting. and not in insignificant numbers here. a record 4.3 million americans walked off their jobs in august according to labor department data, almost 3%, 3% of the entire workforce in this country. almost 900,000 of the people who quit in august worked at restaurants, bars and hotels.

now, the huge number of people quitting their jobs highlights the mixed bag of economic indicators that we've recently gotten. on one hand, unemployment claims were down last week to the lowest point we've seen since the pandemic started but inflation continues to take higher and higher as we deal with a global supply chain crisis and federal reserve data shows that not everyone is recovering from the pandemic equally, when it comes to wealth and household assets people with college degrees are worth $22.5 trillion more than when the pandemic began. people without a high school diploma, well they're less $10 billion. stick with us for a moment. we're going dive into the issues of income inequality in a bit but the question is, what is washington doing about all of this? president biden's ambitious social spending plan took a big hit this week after weeks and weeks of tough negotiations, senator joe manchin finally, finally let the white house know

that he will not support the clean electricity portion of the bill. while dropping the plan to secure his vote it could cause other democrats to break off and to make things even worse, democrats still can't even agree on a top line number for all of these programs. the build back better plan as it is known would fund paid family leave, universal pre-k, free community college, child care programs. these are exactly the kind of things all of the workers that are protesting and part of strike-tober are fighting for, all of this would help people either get back to work, or start new careers where they could be happy and fulfilled. now the bipartisan infrastructure plan is also in danger of dying on the vine as long as progressives and conservative democrats can't come to an agreement on the spending plan. now biden for his part he hasn't given up on passing either of these bills while drumming up support for the bills yesterday he described the need to pass both in stark terms.

watch. >> we cannot be competitive in this global economy if we fail to invest. that's why i propose to critical pieces of legislation being debated in washington right now. they're both bills that are not about left versus right, they're not about, you know, moderate versus progressive. or anything else that pits one american against another. these bills in my view are about competitiveness versus complacency. >> joining me for a reality check on the status of the president's agenda is florida congresswoman debbie wasserman schultz. she knows washington better than anyone and is head of the dncc a brief moment there. congresswoman, thank you for your time. i want to get your reaction to the news that the clean energy performance program, the key climate measure in the president's spending bill is likely to be dropped because of opposition from one senator, joe manchin. if this program does end up getting scrapped from the build back better plan will the bill

be able to garner enough votes from progressives, like senator bernie sanders, or is this potentially a poison pill for the bill. >> >> ayman, thank you so much for having me and covering this important discussion that we've been having. i think what's important to make clear is that the ongoing negotiations that we're having over trying to make sure that we can bring quality affordable child care to millions of americans so they don't have to choose between going to work and taking care of their kids, expanding medicaid so that we can cover millions of more people that republicans in 13 states have refused to cover, making sure that we invest in our nation's infrastructure, that's all happening, only because democrats are working to pass it. we're doing this without any republican support at all and i think that's just so important to underscore. so a lot of the blame here, of our struggle, lays at the feet of republicans. so, yeah, of course it's disappointing that we have one

senator who refuses to support more robust climate resiliency and climate change policy, but we're going to pass, let me just be clear, the bipartisan infrastructure on jobs act, and the build back better act and we're going to do that over the next couple of months, working through these issues, so that we can pass transformative change to improve the lives of millions of americans and make sure that ceos who make 350 times more than the average employee of their company does, that they pay their fair share to their companies. >> i guess, you know, just to talk about the senator for a moment, do you think that it's right that one democratic senator, who we should note, by the way, has family ties to a coal company in west virginia, is able to upend the entire climate change of president biden and the democratic party, and impact a state like yours, which suffers severely from what we see as a result of climate change, with stronger hurricanes, and even, you know, out west, more wildfires that are attributed to that?

>> ayman, what i know about my state is that we're living climate change, changes impact right now. it's not a sunday thing, it's a right now thing. when we have king tides in my district, we absolutely need to make sure we make those investments and in addition to that we also absolutely need to make sure that we pass the bipartisan infrastructure bill. we have a tourism driven economy in florida and making sure that our roads and our bridges and we can -- are repaired and we can get people efficiently around our state means more money generated for our economy but the reality is we have tight margins in the house and senate and so we have to make sure that we work towards what we are going to be able to agree to include in these extremely important bills and i'm just not going to, you know, wring my hands over, you know, what one senator or three house members are or aren't going to support. we're going to sit at the table and work just like we did in 2010 when we passed the

affordable care act where we had also very significant negotiations that we were forced to engage in by ourselves. >> how do you see this playing out. you're saying both these infrastructure bill and the reconciliation bill will get passed. i appreciate your optimism. but realistically, tell me what does that solution look like? how do you see it playing out? >> well, i see it playing out the way sausage gets made in the legislative process. you started this segment about my experience and knowing, you know, how we get stuff done. and i know we're going to get this done because we're sitting at the table. working through the issues that we can get consensus on. democrats know that, you know, just yesterday we had the monthly payment for child tax credits, put about $300 in the bank accounts of millions of families. 4 million kids will see, you know, an improvement in their lives and cut poverty -- the

child poverty in half if we make that permanent. we know we want to make sure that we can invest in climate change and resiliency and make sure we pass that bipartisan infrastructure bill so that we can create jobs and deal with the economy. and we've got to work together and we are working together, but the drama that is generated and churned by the press, you know, i understand it's sexy and interesting, but the legislative process is one that requires nose to the grindstone work that we're all putting in together without any republican help. >> so let me ask you finally, as i laid out a moment ago, we're witnessing a surge of labor activity across the country, so much so that it's being referred to as strike-tober online, what is it about this moment that has workers standing up for themselves and what are democrats doing to capitalize on the activities from an electoral perspective and making sure these people and their demands are actually met? >> ayman, striketober is the

manifestation of millions of workers just saying, you know what, i am mad as hell and i'm not going to take it anymore and they got sick of being put in a situation where they were being paid dirt wages, that they are struggling with difficult working conditions, whether it's unsafe labor practices, or benefits that should be a lot more robust than they are. and so they are taking advantage, as they should, of using labor and their industry as leverage so that they can make sure that they get better working conditions. and frankly, there are a lot of people who are leaving the industries, like the retail businesses, the restaurants, because for far too long they haven't been paid or treated like their worth and so those industries are going to have to see that they have to step up and they have to pay people what they're worth and make sure they create a working environment that attracts labor, and they're going to do it one way or the other. otherwise they're going to have trouble staying in business, and

i think that's what it's all about at the end of the day for the business owner. i support the workers, and what we're doing as democrats is in the infrastructure bill we have significant pro-labor policies, president biden has supported that, and we're going to go ahead and pass pro-labor legislation so that we can make sure that we legislate in the law better working conditions and wages and opportunities for workers across this country. >> congresswoman debbie wasserman schultz, thank you fur your time and insights, appreciate it. not every group is recovering from the pandemic equally, people who are better educated doing better than those who are not and similar trends exist along racial lines. the wealth of white americans is up a whopping $25 trillion since the pandemic. the wealth of black americans only up $1.5 trillion. and for hispanic families, it is up just $600 billion. now, conversations around inequality usually center on the top 1%, or even the ultra rich,

0.1% but my next guest says it's the upper middle class, those in the next 9.9% that are really drivers of inequality in this country. joining me is matthew stuart, the author of the new book the 9.9%. it's great to have you, matthew. this is a book that's caught my attention this week, it's been making headlines and i wanted to talk to you about it and we're seeing it in realtime play out. let's talk about inequality here for the moment. at the end of 2019 in the u.s., the bottom 50% held just 1.5% of all wealth in this country while the top 1% held 34.9%. the 9% after them held even more at 35.8%. what is all of this pelt being shifted away from our middle class do to the overall health of our economy? >> yeah, well, ayman, thank you so much for inviting me and thank you especially for bringing up this really critical

topic. it doesn't get enough attention. economic inequality as i think you know has been on a dramatic increase over the last 50 years and it's at the root of so many of our problems and right now in congress we're watching a sausage get made but i hope people will understand that this sausage is really important. it's not going to solve the problem. but we need to do this kind of thing so address this fundamental issue that we have. and if i may, let's take a look at those wealth distribution numbers that you had because they tell us something pretty striking. i can actually go into that top 1% and tell you that, in fact, it's the top 0.1% that's getting the lion's share of that, 34%. in fact, they account for most of that and they're the ones who have been the real gainers over the last 50 years. so $2 billion in the 1970s would have don't you on the top of the forbes 100 list and now it doesn't get you on the list. so it's crazy. but the people down below, the

bottom 90%, you have them there at 27.8% for the middle 40, and 1.5%. that sounds right to me. those numbers have been going down. dramatically. >> why? >> so people have lost a tremendous amount of ground, and if we don't make it up, we're going to continue to face the major political crisis that we are facing up to now. >> let's talk about some of those strikers from john deere and others, they recently pointed to the big pay increase the ceo of the company reportedly received last year as a big reason why they're on strike now and as i mentioned that's in addition to the record profits the company is on track for this year. are we beginning to see workers in this country take a stand against this inequality, and how do you see some of these strikes impacting inequality, if at all? >> yeah, look, the labor movement has been on a massive decline over the last 50 years. the membership is way down and the ability of labor to secure rights workers has gone down. this is an important first step.

honestly, i think if there's a sunny side to the pandemic i think it did shake people up. it was a psychological event for many people, and i think that that's part of what's going on here, as well as, of course, the supply chain issues and the other economic pressures that are happening. but i think that we should look at these kinds of strikes as essentially a beginning and an awakening and hopefully a first step and a lot more has to be done to get workers essentially to earn the money that they're entitled to earn, which is now not going to them. >> let's talk about your book and one of the central thesis of it, we tend to put inequality onmer tok asy put we should blame the problems on inequality. explain that to our viewers in a way we can understand it. do you believe america to be

a -- >> i hope i'm not ruining anybody's saturday night here, but look, as economic inequality rose we had to come up with an explanation for it. and the most obvious explanation that people can come up with, people are so smart. but that's kind of denying a fundamental reality. people are not a million times taller than other people. they're smarter than other people but they're not, you know, a thousand times smarter. so what has happened is that we've seen this economic inequality arise, it's basically a result of the excessive economic power on the part of a lot of monopolies, a consequence of diminishing worker power but we've come up with another explanation which we like better, we're just so smart and we're so special. and that's what this 9.9% class

has been very good at. convincing everybody it's about their special brain power. >> all right, we'll have to leave it at. fascinating book, i encourage everyone to get it, very interesting and timely given the inequality that we're seeing play out and as you mentioned, watching what is happening in washington with the stalemate not getting enough of those things passed that could help millions of americans, matthew stewart. thank you so much for joining us. donald trump's former right-hand man steve bannon is facing criminal contempt charges for ignoring a congressional subpoena. he says he doesn't have to testify, citing trump's executive privilege. congress says he does. so who's right? plus, senator schumer is scheduling a vote next week on voting rights, the same bill senator manchin engineered a compromise on but will he let it die as republicans filibuster that vote too. i don't just play someone brainy on tv - i'm an actual neuroscientist. and i love the science behind neuriva plus.

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comply or go to jail, that is the threat facing former trump adviser steve bannon after he refused the subpoena to appear on a thursday before the house select committee investigating the january 6th insurrection. what information could bannon provide? for one he might be able to explain what he knew the day before the capitol attack when he said this. >> all hell is going to break loose tomorrow, just understand this, all hell is going to break loose tomorrow. it's going to be moving.

it's going to be quick. >> now in a statement to committee chairman benny thompson saying the select committee will not tolerate defiance of our subpoenas so we will move forward to move mr. bannon for criminal contempt. one of the two republicans on the committee, adam kinzinger offered this warning. >> we're serious about this and anybody that is either being subpoenaed now or will be in the future, think twice before you reject a lawful order from congress. >> my next guest is the perfect person to talk to about all this, she's an msnbc opinion columnist in which she argues that though bannon may have a weak legal argument he could still come out triumphant in all this. jessica levinson is a professor at loyola law school. it's great to have you with us. first of all, you argue that bannon's claim is weak, but that it may not actually matter because in part this situation

is like a toddler who throws a tantrum because he doesn't want to go to the doctor and cries and screams so long that the appointment is passed. explain why you believe the executive privilege put for by both bannon and trump are weak but how he could still thwart the committee. >> yeah, great question. so bannon essentially is trying to piggy back off of former president trump's claim of executive privilege. there's a couple of problems here, of course, one, let's just think of bannon himself trying to assert this privilege. he hasn't been in the white house since 2017. which as we may remember, of course, is four years before 2021 when the events of january 6th took place. so it's hard to see why he would be covered under executive privilege. now, again, he's trying to kind of throw himself under the protection of former president trump's claim of executive privilege. so let's look at that. the biden white house has looked at this. there was a very specific letter that came out, and the white

house counsel said, no way, and no how when it comes to these documents and when it comes to this information, because -- and i think this was really the money line, which also would apply to steve bannon's testimony, when you're trying to subvert the constitution, you don't get to use the constitution as protection. and, of course, i'm paraphrasing here, but that fundamentally is why i think that these are two weak claims of executive privilege. >> i want to talk to you about the pressure being applied here that some say is being applied on the doj, trump's former white house chief of staff and other aides are actually cooperating with the committee and as i mentioned bannon is not, on thursday committee chair benny thompson had this to say. >> we hope that the attorney general sees the importance of moving ahead with this indictment, moving ahead with locking steve bannon up.

you can't conduct an insurrection on the government of the united states of america, and nothing happen. >> and president biden has said that anyone who refuses the january 6th committee subpoena should be prosecuted. last night doj spokesman anthony coley released a statement. the department of justice will make its own independent decisions in all prosecutions based solely on the facts solely on the law. is it possible in your eyes the justice department would not act on this? >> look, it's always possible and i do think it's important that the justice department says we need to be independent. we don't want to get out of the last administration and just because we want the doj to take a certain position, for instance, we want them to go after bannon because frankly we do need to show in our country that a subpoena is more than an invitation for brunch. it's a binding legal document. it's not would you like to come, it's you need to come in. we still do need to make sure

the department of justice performs an independent inquiry, having said that, i think congress was well within its rights to issue the subpoena. steve bannon has defied it and said i'm not coming, i'm not going to play. he isn't even cooperating and if that has to mean anything at all. if there are repercussions to that then i think the department of justice needs to take action. to your first point about how could bannon win even if he has a weak legal argument because representative thompson has said i want to wrap this up by early spring it's going to take the department of justice a while to make that determination, and if there's anything we've seen from trump and trump allies like steve bannon, they will fight this in court, all of that takes time. >> basically, run out the clock, so to speak. steve bannon might not be the biggest target in all of the committee interests. you had intel chair congressman adam schiff say this to kara swisher.

take a listen. >> we are very uniform about, we will go to whoever has information that we need. no one is off the table. >> including donald trump himself. >> no one. is off the table. >> that's a pretty bold statement. would it be constitutional for a house select committee to subpoena a former president. is there any precedent for something like that? is the law settled on that? >> like so many moments in the trump administration and the aftermath of the trump administration you'll hear people say things like we've never encountered things like this before or it's not settled but i think the way our constitution is structured and the fact we have a system of checks and balances of co-equal branches we have congress investigating what i believe was an attempted coup, then yes you do need to allow congress, in fact, to talk to the former president. will he assert executive privilege? absolutely. but do we need to say if the constitution means anything, don't use it as a shield when you try to subvert it.

i think they would be within their rights to call him in. it will absolutely be a huge fight if they do. >> jessica levinson, thank you for your insights. i appreciate it. republicans continue to make laws that make it more difficult for people to vote. georgia will be one of the first states to test out these new restrictions. we'll tell you about that next. we'll tell you about that next your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ this may look like a regular movie night. but if you're a kid with diabetes, it's more. it's the simple act of enjoying time with friends, knowing you understand your glucose levels. ♪♪ ♪ ♪ ♪

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time is running out for senator joe manchin to hold true to his bipartisan promise on voting rights legislation, that's what he promised. majority leader chuck schumer is asking manchin to put his cards on the table scheduling a procedural vote on the freedom to vote act for next wednesday and surprise, surprise, according to senate minority leader mitch mcconnell democrats shouldn't hold their breath for any republican support on this. mcconnell said the bill had, quote t same rotten core as speaker pelosi's hr-1 with slightly amended window

dressing. as the debate drags on, legislators are continuing to stack the debt against our democracy. just this year alone 19 states have enacted laws that make it harder for people to vote in this country, including georgia, where next month many voters will see the impact of that law the first time as they cast their ballots in local races. georgia state representative bee nguyen. great to have you with us and thank you for joining us. as someone involved in this fight at a state level you've got to be frustrated with washington's inability to get something or anything done on this front. do you feel like the states have been abandoned by the federal government and certainly the broader democratic party in saving our democracy from these types of state level actions? >> yeah, thank you for having me on. look, as a georgian who is serving in a legislature that passed one of the most restrictive voting bills and who

organized for senator ossoff and senator warnock, i can press upon the urgency of congress hearing our voices here in the state and it's not just georgia we're looking at. states across the country who have seen voter suppression bills passed into law and we have very limited time to get this right and we have to be able to pass these federal voting rights bills. i have to say that if manchin does not deliver on the promise of a bipartisan bill got to get on board with ending that filibuster or at least having a carve out so that we can pass federal voting rights protections. >> let's talk about what's happening in the state of georgia specifically for a moment when it comes to gerrymandering. on one hand you have the federal government still unable to get anything done. the freedom to vote act in its current form, it includes a ban on partisan gerrymander but it's still far from becoming law and georgia lawmakers are set to return to the capitol for a special session a couple weeks from now and they're going to

redraw state and congressional maps, a draft of that proposed map is expected to give republicans in your state an advantage, the final maps are going to be determined -- they're going to determine the balance of power between the two parties for the next decade. is it frankly too late for the federal government to jump in and do anything here? are we beyond the point of no return? >> we are not kwond the point of no return. we need to be able to pass these federal voting rights protections. here in georgia we know republicans will draw the maps to their advantage, and split up communities of interest. we've already seen one proposal on the federal congressional level that is attempted to be able to get lucy mcgraph out of the 6th congressional district and partisan gerrymandering has harmed both sides of the aisle. with the free clearance division being removed from the holder decision with the 1965 civil rights act, we don't have a lot

of opportunities to even litigate in court after that he has maps are cast. we're relying on congress to respond to these needs because if we allow republicans to move forward with partisan and racialized gerrymandering, it's going to change the outlook of our state for the next decade. >> i know that you're running to be georgia's next secretary of state and the man that's currently in the job gained national attention after he continually spoke out against former president trump's big lie. he was applauded for that. but the interesting twist, as he's now running for politics and trump is casting a large shadow, he's got a new op-ed out and he's taking aim at stacey abrams where trump stole an election claim, just him following the post abrams playbook. you held that seat by stacey abrams. what is your reaction to that comparison? >> it's not a surprise. i have legislated as a member of the georgia general assembly

with the current secretary of state, and have gone toe to toe with him on voting rights issues and he has not been on the side of democracy. he had the opportunity today the right thing and uphold the law last year but the reality is he's never been a friend to voting rights. he supports senate bill 202, a bill that strips him of his own power but also allows the state legislature to turn our local election boards into -- i'm not surprised. he's also a person, who while he stood up to trump, he in the same breath voted for trump. and so what we're seeing is somebody who talks out of both sides of his mouth and it's not unusual for us to see that here in georgia. >> i want to ask you about something election attorney mark elias wrote, a new piece that talks about the importance of state certification and the plan to subvert elections. republicans know the single point of greatest vulnerability for the election subversion is

the state certification of election results. certificate of election signed by a secretary of state, a position that you want to hold and the governor is the golden ticket to a seat in the house or senate and so in 2020 brad rafburger certified. what does it say is at stake for the people of georgia if you don't win in this next election? >> the reality is republicans are putting up secretary of state -- across our country and in georgia that have already stated they do not believe the legitimacy of the 2020 election. they're running a coordinated sophisticated campaign and targeting arizona, georgia, wisconsin, michigan. all of those swing states that would decide the 2020 for our presidential election. what we're facing here is not the effort to overturn the 2020 election. what we're facing here is they are setting us up for 2024.

georgia could very well be the deciding state for the presidential election, and we've got a nominee on the republican side who is very likely to beat rafens burger who is somebody that will overturn the will of the people. it's about our entire country as a whole. >> georgia delivered democrats the senate as well. it's very important to keep an eye on that. my home state of georgia. georgia state representative nguyen, thank you so much, greatly appreciate it. solid advice when you're asked to show proof of vaccination. later on in the show we have a packed saturday night panel for you, including trying to make sense of the bizarre strategy trump is employing by urging republicans to stay home instead of voting. that's what he's encouraging them to do.

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asked for proof of vaccination. watch. >> if being asked to show your proof of vaccination sounds slightly concerning because you're unsure how the ro success will be carried out, don't worry. i've ahead made this guide to help. if you enter a business and you're asked to show your proof of vaccination, just show your [ bleep ] proof of vaccination, but what if that requires showing your id as well. easy. show your [ bleep ] id, but what if you need to use an app or qr code, don't worry, just use the [ bleep ] app or qr code. do it all with a [ bleep ] smile, you're not a jerk, you have a grip on reality and you're doing the right thing by getting vaccination nated. to keep everyone safe and healthy and not dead. proof of vaccination, it's a pandemic and this isn't a big deal. >> nothing left to add there, folks.

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the remain in mexico program but biden put an end to the policy which required immigrants to stay south of the border while their cases were assessed however the trump era program, which biden did call inhumane is unfortunately set to restart next month after the biden administration lost a legal battle to suspend the policy. and while the white house is putting up a fight in some areas, in others, though, it is not. remember trump's enactment of title 42, the public health law which allows the government to turn away people at the border in order to protect the country from disease. all while announcing the borders will be opened to vaccinated tourists come november 8th. is this a case of do as i say, not as i do, or are trump and biden's immigration policies closer than we might have wished for? joining me now to discuss this is nicole morgan, associate attorney for the refugee and immigration center for education and legal services. nicole, thank you so much for your time. i want to start here with the big picture, because the latest polling from quinnipiac shows

that more than two-thirds of americans disapprove of biden's handling of immigration issues. give me an honest report card here, this was a big ticket item for biden and his agenda. how's he doing so far? >> thank you so much for having me. and unfortunately i would -- i hate to say that he's getting an "f." on all counts. because the inhumane practices of the migrant protocol protection as well as title 42 is just putting people's lives in danger and getting them killed. and i heard your readout about how he lost the battle but he didn't lose the war in court. he can easily write a new memo terminating and tell dhs he will no longer enforce 42. he's refusing to do so. unfortunately he has adopted the stephen miller policy on immigration. it's appalling. >> why do you think he's refusing to do so? do you have any insight into the

thinking of the administration on some of these issues? >> the reason i say he's refusing to do so is because the federal court was clear all he had to do was write a new memo. instead of writing a new memo, he's writing a plan to restart mpp. if he was really in line and really believed that mpp was inhumane why would you spend your time rewriting a program versus rewriting a memo that can do away with the inhumanity and put it behind us in american history. >> talk to me about that program. how many people will it affect and how significant of an impact will it have on people forced to stay in mexico? >> thousands upon thousands of people that force them to stay in mexico in horrendous conditions. the department of state says it's not safe for americans to be tourists but the people who are most vulnerable can stay there for months and months to ask us for asylum. we've already witnessed the organizations like ours, as well as on the ground, people being

kidnapped. women have been raped, children, human trafficking, beatings, bribery, brutality. enough is enough. enough is enough. >> do you see it hypocritical that you have this administration using title 42, a policy that mike pence had to force the cdc to install in the first place, that it's past its toim, how is this being justified, is it hypocritical you're using title 42 to keep tender people out of the country regardless of whether they know if they've been vaccinated or not, meanwhile tourists are about to be let in from europe starting november. >> absolutely, absolutely. because biden has adopted the steven policy for cruelty, right, the fact that they have a policy that says upon sight i can call black and brown people diseased and expel them from the country but certain countries that i know don't have that same dem graph i go i'm more than willing to let in america. it's abhorrent. and it has to stop.

the only way it's going to stop is if the polls that you showed earlier get even deeper in disapproval. we have to have the american people stand up. it is unfair and unjust and inhumane to treat people seeking refuge from us to be treated like this. it's not a crime to apply for asylum in the united states. it's knot a crime to come to our border to help me. the fact he's determined to keep it criminalized is another sad day in america and i don't, politically, i'm not a politician, i'm an attorney. i don't understand how he can do something like this to such vulnerable people who just need our help and protection. >> it's incredible how both parties continue to fail the american public in actually fixes what they agree on is a broken immigration system. nicole, thank you for your time this evening. i greatly appreciate your insights. the world renowned painting love is in the bin is bringing a lot of love to the bank for a good cause. stick around, i'll explain that to you next.

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the mysterious and inexplicable british street artist once again made headlines, setting the world record for the sale of his scandalous artwork, love is in the bin. the identity remains unknown. his notorious works are worth big bucks. here's nbc's tom llamas.

>> 16 million pounds, we are selling here at sothepy's. >> it sold. >> and selling, ladies and gentlemen, for new world record, love is in the bin, sold to you. >> the painting of a young girl holding a red heart shaped balloon selling for $25.4 million, a new record for the illusive street artist at auction. three years ago you may remember this, the painting originally up for sale at sotheby's in london. >> and selling for $868,000. >> but after the gavel went down, an alarm sounding. the then titled girl with a balloon sucked itself into a shredder hidden in its frame. stunned onlookers gasping. before the work was whisked away the unprecedented stunt shocking the art world. the beyer going through with the sale. the work then authenticated as a

completely new painting and renamed love is in the bin. sotheby's saying they had no prior knowledge about what banksy was about to pull off. >> the work wasn't destroyed, it was created. it was in many wayscreated. it was a clever piece of performance art, a piece carried out, really, in the very center of the artist world. >> that same auction near from the original sale wasn't ready for round two. >> i can't tell you how terrified i am to bring down this hammer. >> the painting ultimately selling for 18 times the original price to a collector out of asia. experts saying the sale and its price represents a shift in who's shelling out for art. >> it's really an entire paradigm shift within the art market. there's a new generation of collectors who want to buy artists of their generation.