just a sliver of what someone went through, of their pain, their experience, and you think of decades for nonviolent offense, while other people are really making millions off it, you have to ask yourself, is this system being unwound the right way? and before anyone gives themselves a pat on the back for moving beyond it, just how are we moving beyond it and who is still having to pay? that's one question i have for you as we think about five different states holding marijuana legalization votes just next week. so my question to you tonight, sometimes we put this up on the screen. you can always hit me at ari melber. my question is, do you think people should be let out of these sentences if states are going to legalize and profit off marijuana? do you think that has to be part of the reform? as always, you can find me at ari melber or arimelber.com. "the reidout" with joy reid is up next. tonight on "the reidout" --

>> this house and the speaker herself were specifically targets of the defendant. >> can you definitively say this was politically motivated? >> yes, it appears as those this was based on his statements and comments made in that house during his encounter with mr. pelosi that this was politically motivated. >> after years of targeting nancy pelosi with violent rhetoric and imagery, right wing republicans are resorting to vile conspiracy theories and what aboutism to try to downplay their role in the violent attack on her husband. plus, the right wing majority on the supreme court seems poised to dismantle yet another icon of 20th century progress. taking aim today at affirmative action, and surprise surprise, they don't seem too supportive of campus diversity. we'll break down the arguments in the high court today. >> and how republicans are playing the pundits with skewed polling data, and taking control of the narrative about the

upcoming elections. >> we begin with the latest on the violent assault of paul pelosi, the husband of house speaker nancy pelosi. in just the last hour, san francisco district attorney brooke jenkins announced charges against dave depape, the man who attacked mr. pelosi with a hammer in the couple's san francisco home. they include attempted murder, assault with a deadly weapon, and threats against a public official. and this comes after the justice department announced federal charges earlier today. including attempted kidnapping, assault with an attempt to retaliate against a federal official by threatening or injuring a family member. the federal complaint shared more details on the attack, saying depape was arrested inside the pelosi residence. mr. pelosi strieb described to police when depape entered his bedroom looking for nancy pelosi. after officers arrived, they

secured a roll of tape, white rope, a second hammer, a pair of rubber and cloth gloves and zip ties from the crime scene. during a police interview, depape said he was going to hold hostage nancy pelosi and talk to her. he also told investigators, if nancy were to tell depape the truth, he would let her go. and if she lied, he was going to break her knee caps. the details only confirm the nature of this attack and attempted assault against one of the highest ranking women ever to serve in u.s. government. and instead of condemning the violence, some republicans and their far-right allies are spreading conspiracies about the attack, to score cheap political points with their most easily duped and malevolent supporters. donald trump jr. who continues to try to remain relevant, to be frank, retweeted a proposed paul pelosi halloween costume, featuring men's underwear and a hammer. while louisiana republican clay higgins tweeted, then deleted, a

false anti-lgbtq conspiracy theory surrounding the attack. the tweeting and then deleting didn't end there. elon musk, the new twitter ceo, posted baseless allegations about the attack. proving what a hellscape of hate and misinformation musk's twitter has already become on his watch. there's a long history of gaslighting and toxic politics regarding speaker pelosi. republicans see her as public enemy number one. house minority leader kevin mccarthy once said it will be hard not to hit pelosi with the speaker's gavel. while in 2019, marjorie taylor soon to be ex-mrs. greene, liked a facebook comment that said, quote, a bullet to the head would be quicker to remove pelosi. there's also an anti-pelosi ad by lauren boebert that ended with a menacing sound effect. >> madam speaker, tear down this wall. [ gunshots ]

>> and even as recently as last week, days before the attack, republican congressman todd emer posted a far too literal interpretation of the fire pelosi campaign. so no, it's not random. it's not about blue state crime. nor is it an isolated act. it is the event that along with january 6th solidifies and cements a new era of political violence, an era normalized, justified and created by rhetoric so violent and so hateful that brutality is the natural end point. after all, isn't that the point of fascism? to create a dictatorship of violence and fear. i'm joined by clint watts, former consulant with the fbi counterterrorism division and distinguished research fellow at the foreign policy research

institute, along with charlie sykes, editor at large of the bulwark. i want to play you one more sound bite of brooke jenkins and here she is talking about the political violence we're facing now. >> we know that there have been tragedies in this very city of political leaders in the past. and so it's something that we have to take very seriously, and it's very sad to see that we are once again at a point in history where people believe that it's okay to express their political sentiments through violence. and so i think it really demonstrates that we have to calm things down. we have to decide that we're going to be more respectful as an american society. that it's okay to disagree. but it certainly is something that has unnerved us all. >> you know, one wishes that people would feel that way, clint, but that is not what we're seeing. what we're seeing on the right is they'll say violence is not appropriate, but none of them are willing to do anything to tamp down what is clearly a

tendency toward increasingly violent political rhetoric. i have been watching politics a long time. there are more ads now with republicans shooting guns, shooting weapons, trying to show themselves looking like war lords than i have ever seen in politics. that's now normal in republican politics. is there any way that kind of activity does not contribute to the kind of violence we just saw happen to the speaker's husband? >> joy, it doesn't until political leaders really take responsibility for what they say and or the outcomes that come from it. i just always think back to john mccain when he was on the campaign trail against barack obama, standing up when there was a lie said right in front of him, and whether that was good for him politically or not, he corrected it, and he tried to settle down the situation. you know, he tried to take it down a notch. the opposite happens every single day in america today. you see increasing heightening of this, and the other part is, just desensitization. when i saw the alert on my phone

that this tragedy happened, i was not surprised. i'm shocked but not surprised because nancy pelosi has been demonized and probably the number one negative sentiment in terms of social media, of any political leader in the united states over the last five to ten years. it's not surprising she would be targeted or demonized. the rhetoric has gone from not just maligning her for political views but calling for attacks. january 6th, almost all of the audio is talking about finding nancy pelosi and trying to kill her or capture her, and then add to that the state of things today, where we're in a state of sarcastic terrorism. there's such outsized reach for these conspiracies, i think that's what you see in mr. depape's social media postings. a convergence of many conspiracy theories which all lead to her, which point towards her, and the problem is we know who the target is going to be. we just don't know who is going to target her. i think, i worry so much in the next week for election workers,

a lot of law enforcement and security forces at state capitals and polling places around the country. what they're going to be going through, and a potential copycat. there's nothing to say another political leader won't be targeted. it's an unbelievable state we're in in this country that we're this numb to it at this point. >> absolutely. the fact she's a woman, we saw gretchen whitmer face these threats of being kidnapped. women seem to be a particular target, although there have been men who dared to vote to impeach donald trump, male republican members of congress have also gotten death threats, but it's across the board. let me play what president biden had to say about the attack. >> the chant was, where's nancy. where's nancy. where's nancy. this is despicable. there's no place in america, there's too much violence, political violence. too much hatred. too much vitriol.

>> except, you know, charlie, there has been a place for it. you know, clint did mention john mccain, but his running mate at that time was sarah palin. at whose rallies people yelled kill him, regarding barack obama. you know, threats against president obama, the threats were incredibly high. it was one of the highest rates of racist threats against a presidential candidate to the point where he had to have added security. so he was the hate object at that time. but so was speaker pelosi even then. the right has been playing this game for a really long time. and i don't care what tom emmer says trying to defend himself, he literally is the guy in charge of their re-elect campaigns in the house, and his ad showed him shooting an automatic weapon. what's the point of that? and then it says fire pelosi at the end. what are people supposed to take from that? >> well, i think people ought to be aware of the incredible escalation of these threats of violence and the culture of violence. clint is absolutely right. it's no longer shocking.

because january 6th unleashed something. it was not a one-time event. it's a turning point where in fact you saw the celebration of violence. and even though i think it could have been an occasion for sobriety for people to say okay, now we need to tone down the rhetoric, look what can happen, where we're going. exactly the opposite has happened. the rhetoric has been ramped up. there's been an attempt to portray some of that violence as acts of patriotism. so here you have mr. depape, who when he's arrested by the police, explains that one of the reasons why he didn't flee after the 911 call was because he thought of himself as in the same position as american revolutionaries fighting against british tyranny. he has internalized this idea that his violence is justified politically because he is a revolutionary. this didn't just come out of a

vacuum. this has been cultivated. i will also say this weekend felt like a turning point itself. as bad as everything has been going, i do not recall in the wake of the shooting of steve scalise, the kind of humor, the kind of rationalization and celebration of violence that you are now seeing on the right. the number of prominent right-wing figures including elected officials who are pushing baseless conspiracy theories without any -- without any evidence whatsoever. and actually seeming to celebrate this attack. so when you have a culture that does not stand up against the threats of violence and then finds a way to rationalize it, enable it, and maybe wink at it that maybe you're doing the right thing, should we be surprised if some unbalanced individuals react to all of that? so things have been getting more and more dangerous.

i do think that january 6th was a turning point, but i also think we'll look back on this weekend and the reaction to it as a turning point, and by the way, that includes the fact that the new owner of twitter, elon musk, did turn twitter into a full-blown hellscape when he himself began pushing some of these conspiracy theories to millions of his customers. >> yeah, and i mean, look, the what aboutism they tried is one tact, saying this is just about blue state crime. sorry, but the guy who wants to be speaker, his district in california is the most violent district in the state of california. so the number one violent crime rate of all of the districts in the state. so i don't really think that kevin mccarthy has a place to stand there, but tom emmer, to the point, clint, when it comes to the steve scalise situation. emer, congressman emmer tried to roll that out. here's the difference, there was no advertising campaign by democrats saying that steve

scalise ought to be shot. showing steve scalise inside of targets like they did with people like speaker pelosi, like they have done with president obama. he was not being hung in effigy. democrats were not leading a campaign saying that to be a patriot you need to consider those people to be a lethal threat to you and that you need to have a gun. you need to have as big a gun as you can get and go out and do target practice because those democrats, dot dot dot. that's the difference. you have a political party that is now running on the idea that true patriotism is to take up arms against the democrats because they are somehow your enemy and evil and that anything is possible because they are a bunch of what are they doing, qanon, they're saying they're hiding children in their basements to abuse them. why wouldn't somebody say, you know what, if i'm going to save the children, i guess i have to take up a gun? they're using this as politics. that's dangerous, clint. >> yeah, and it's not equal. saying you're going to vote someone out of office as part of a campaign, that's normal.

i think that's what you see in most campaigns. this is saying you're either going to detain or kill someone. that the only way to remove them from power is literally to kill them. that is not some sort of equal standing in terms of political speech. separately, whenever we see this, this terrorism, it's the odds of someone with outsized voice, the larger the audience, the larger the following, the more impact their speech has. which means if they advance baseless conspiracy like charlie was talking about with elon musk, guess what you would find this morning if you look up pelosi on twitter? a lie, not only once or twice. you would find it in a ratio maybe 10 to 20 times what you would find in terms of the truth. separately, that demon zag over time, when you see it every day, just think back to 1980 or even 1990, would people even know who these individuals are? probably not, but why do we know it? because of the speech of those amplifying it on social media.

>> inkevin mccarthy becomes speaker of the house, the house will be run by the people doing marjorie taylor greene, matt gaetz in florida, lauren boebert. they'll have real power because he's too weak to stop them and he will need them in order to rule. this is scary stuff, you guys. scaring is caring as we say on the show. clint and charlie, thank you. up next on "the reidout," eight days until the midterms and anti-semitism because it's all coming back, that's once again rearing its ugly head across the country, including in the pennsylvania governor's race. democratic candidate josh shapiro joins us next. >> one programming note before we go to break. my special guest tomorrow will be the former secretary of state and democratic candidate for president, hillary rodham clinton. we'll discuss the midterms, election deniers and the deranged conspiracy theories on the right about the pelosis. you're not going to want to miss it.

that was quick. and rewarding. i earn 3% cash back at drugstores with chase freedom unlimited. that means i earn on my bug spray and my sunscreen. you ready to go fishing? i got the bait. i also earn 5% on travel purchased through chase on this rental car. that lake is calling my name! don't you get seasick? we'll find out! come on. and i earn 3% on dining including takeout. so much for catching our dinner. some people are hunters. some are gatherers. i'm a diner. pow! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is for some adults who are starting hiv-1 treatment or replacing their current hiv-1 regimen.

detect this: no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. research shows people who take hiv treatment as prescribed and get to and stay undetectable can no longer transmit hiv through sex. don't take dovato if you're allergic to its ingredients, or if you take dofetilide. taking dovato with dofetilide can cause serious or life-threatening side effects. hepatitis b can become harder to treat while on dovato. don't stop dovato without talking to your doctor, as your hepatitis b may worsen or become life-threatening. serious or life-threatening side effects can occur, including allergic reactions, lactic acid buildup, and liver problems. if you have a rash or other allergic reaction symptoms, stop dovato and get medical help right away. tell your doctor if you have kidney or liver problems, or if you are, may be, or plan to be pregnant. dovato may harm your unborn baby. use effective birth control while on dovato.

do not breastfeed while taking dovato. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. detect this: i stay undetectable with fewer medicines. ask your doctor about switching to dovato. i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready? go! only pay for what you need. jingle: liberty. liberty. liberty. liberty. ( ♪♪ ) (snorting) (clattering) (frustrated grunt) i need some sleep. (groaning) (growling) (silence) (sigh, chuckle) if you struggle with cpap, you should check out inspire. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com.

i love san francisco, but i'm working overtime to stay here. now is not the time to raise taxes. i'm voting no on propositions m and o, because the cost of everything is going up. san francisco collects more tax revenue than nearly any city in america. but our streets are dirty and public safety is not getting better. i'm working hard to live within my budget. the city should too. join me in voting no on m and o. now is not the time to raise taxes in san francisco. as a teacher living and working in san francisco, the cost of housing makes living and working here really difficult. proposition d is the only measure that speeds up construction of affordable new homes by removing bureaucratic roadblocks. so teachers, nurses, firefighters and workers like us can live where we work. while prop e makes it nearly impossible to build more housing join habitat for humanity in rejecting prop e, and supporting prop d to build more affordable housing for everyone. now.

they have long hours and sore backs and bad knees to get that social security. and if ron johnson does not understand that, if he understands giving tax breaks for private planes more than he understands making sure that seniors who have worked all their lives are able to retire with dignity and respect, he's not the person who is thinking about you and knows you and sees you, and he should not be your senator from wisconsin. >> he's back. barack obama did not hold back about wisconsin senator ron johnson over the weekend, with just eight days until the midterm elections, the former president is bringing some major heat to the campaign trail for democrats. and making clear that democracy itself is on the ballot. here's what he had to say about wisconsin's election deniers

running for senate. >> they're just literally making stuff up. mandela's opponent has done more than just about anybody in congress to spread conspiracy theories about the 2020 election. i mean, he has a gold medal in that event. tony's opponent said if he's elected governor, he's dissolve the bipartisan elections commission. he basically wants, i guess, to decide on his own how elections turn out or not. he even said he's open to signing a bill to overturn the results of the last election. >> of course, wisconsin is far from the only battleground state with a candidate for governor who thinks he should have final say over elections. there's also pennsylvania where the future elections in the keystone state is very much at stake. with election denying candidate for governor doug mastriano, an avowed christian nationalist, former president obama and president biden will team up in

philadelphia on saturday to campaign for democratic senate candidate john fetterman, and democratic candidate for governor, josh shapiro. i'm joined now by josh shapiro, the current gubernatorial candidate. welcome back. i understand we were first on your list when you started this whole thing, so i'm glad to see you back here. >> that's right. >> thank you. talk to me about this -- i guess i don't know how to describe it. this kind of world in which you're running for governor. you're an already elected official. your state already knows you. people there know who you are, but the attacks on you, i have to say, have been gross. they haven't been on policy. they have been on who you are. this is some of what doug mastriano has tweeted. he got an endorsement from kari lake, which in and of itself is scary. anti-semitic stuff. in a new filing, he said he accepted a campaign donation from the ceo of gab, it's basically nazi twitter, racist

far right racist twitter. his attacks on where your kids go to school has strong anti-semitic signaling, and his adviser has questioned your faith and called you at best a secular jew. it's gross stuff. i'm sorry to have to present it to you. >>ia. >> how does that play out in real life as you're trying to campaign? >> look, first off, it really isn't about how i feel in this whole thing or the attacks against me personally. but every time doug mastriano attacks my faith or tries to dictate who's allowed to be jewish or who's allowed to be christian, something that he and his team do every single day, it makes us all less safe. this isn't about me personally. but it's about his attacks against the good people of pennsylvania. you see if you don't think like doug mastriano and look like him and worship like him and vote like him and marry like him, you don't count in his pennsylvania. my view is no matter what you

look like, where you come from, who you love or who you pray to, i want to be your governor and i want to bring people together to actually solve some problems. he just wants to continually divide us. look, he is by far the most dangerous and extreme candidate running for high office in the nation. and he must be defeated in eight days here in pennsylvania. >> you know, mastriano is a christian nationalist. i think a proud christian nationalist. what would that mean for women in your state, because i think he's very clear that he would like to see abortion completely banned? what would it mean for people who are not members of the christian faith if he were to run the state? >> yeah. >> and i want to say, let me make an edit there because i grew up in the church. this is not regular christianity, because there are lots of christians who don't believe any of this. it's his own faction of christianity. >> i was in mt. carmel baptist church this weekend in philly talking about this very issue. look, joy, i draw inspiration

from my faith. i'm a person of deep faith. my faith calls me to serve others. but it doesn't dictate the policies that i am for or the positions that i take. doug mastriano couldn't be more different. he uses his faith as a tool to deny others their fundamental rights and freedoms. listen, he is using his faith to try and tell the women of pennsylvania that they can't make decisions over their own bodies, they can't have an abortion here in pennsylvania. he has made clear that he wants no exceptions, and he will charge women with murder here in the commonwealth if they make that decision over their own body. he has used his faith as a tool to disenfranchise voters. he used his faith as an excuse when he was part of the mob that stormed up to the capitol, and he uses his faith on january 6th and uses his faith as a tool to say that he will not certify all

of the votes in 2024. he talks about decertifying certain voting machines. he uses his faith as a way to try to oppress others, to stop others from exercising their freedoms and having their personal rights. he is unbelievably and uniquely dangerous. >> donald trump is as well, i think it's fair to say, and he's already threatening to contest the election results in your state before they even happen. are you concerned that the elections in pennsylvania, if they are close, will wind up in endless litigation or that they'll be contested again by outside parties? ted cruz might be headed your way. the astros are playing in the world series. he's an astros fan. >> we don't want him here. let me tell you, i saw what happened to him in new york. wait until he shows up in

philly. look, joy, you and i have spoken over the years about the work i did in 2020 to defeat 43 lawsuits from the former president and his enablers like doug mastriano. they went 0-43. i went 43-0, and we had a free and fair, safe and secure election here in pennsylvania. and we had that because we had clerks of elections, republican and democrat, all across pennsylvania, who simply did their job. doug mastriano is trying to interfere with that work. he's made clear he won't accept the results of this election, just like the other one. i have faith in the good people of pennsylvania. i will respect their will. and i'm totally confident that if they try and litigate anything, that it will be proven as it was in 2020, to just be absolute made up nonsense. that is what doug mastriano continues to spew to this day about 2020. we had a free and fair, safe and secure election here, and i'm

confident we will again. >> all right. well, josh shapiro, good luck with your campaign. i know that president obama is headed your way. if you see him, feel free to let him know he's welcome to come on the show. >> i'll tell him. i'm send him your love. >> thank you very much. pennsylvania attorney general and gubernatorial candidate josh shapiro. >> still ahead, the supreme court weighs in on whether college admission policies that include race as a factor should continue. so far, the right wing justices seem prepared to do exactly what you expect. we'll bring you the latest on that next. becoming a morning person starts the night before with new neuriva relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. flu symptoms hit harder than the common cold. so it takes the right tool for the job... to keep it together.

now there's new theraflu flu relief with a max strength fever fighting formula. the right tool for long lasting flu symptom relief. hot beats flu.

the supreme court appears poised to putandy to affirmative action, the precedent that allows colleges to consider a student's race in college admissions and they say is essential to insuring diversity on campus. the high court heard more than five hours of arguments, one challenging the university of north carolina's practices and a similar case involving harvard. the court's six conservative justices expressed deep skepticism of the program. justice clarence thomas who benefitted from affirmative action and then repudiated the practice but never stopped complaining about how he felt diminished by it, asked

defenders a seemingly absurd question. he asked how diversity benefits education. >> i didn't go to racially diverse schools. but there were educational benefits. and i'd like you to tell me expressly when a parent sends a kid to college that they don't necessarily send them there to have fun or feel good or anything like that, they send them there to learn physics or chemistry or whatever they're studying. so tell me what the educational benefits are. >> huh? meanwhile, in the minority, the three liberal justices defended affirmative action. justice sotomayor used statistics from states that have already barred the policy. >> what we know, we have nine states who have tried it, and each of them, as i mentioned earlier, whites have either -- white admissions have either remained the same or increased.

and clearly, in some institutions, the numbers for underrepresented groups has fallen dramatically. correct? >> that's my understanding, yes. >> joining me is yamiche alcindor, nbc news washington correspondent and moderator of washington week on pbs, and elie mystal. is that about how the arguments went on the right, yamiche? clarence thomas saying, i didn't see any benefit to having diversity? >> that is basically how these arguments went. at one point, justice thomas asked, well, what exactly is diversity? explain it to me, and other justices asked questions like, why should race at all be something that even students who check their box even if they want to voluntarily give it to you, why should it matter at all? you also heard from liberal justices like justice ketanji brown jackson, because she recused herself saying she didn't want to be part of the harvard dispute because she used

to be part of the structure of the university, the leadership there, which of course is notable given the fact so many people have not recused themselves in other aspects of this court, but i will digress on this. ketanji brown jackson brought up a really important point, why should legacy meaning your parents and grandparents who went to the schools like unc and harvard, why should that matter more than if someone says my grandparents were enslaved and as a result, i want to get into the school to honor their memory. this is in some ways one of the biggest days at the supreme court because we could see the end of affirmative action as we know it. >> we likely will. i have the ketanji sound. let's listen. >> as i understand your no race conscious admissions rule, these two applicants would have a dramatically different opportunity to tell their family stories and to have them count. the first applicant would be able to have his family background considered and valued by the institution as part of

its consideration of whether or not to admit him. while the second one wouldn't be able to because his story is in many ways bound up with his race and with the race of his ancestors. >> i had to play that so that thurgood marshall wouldn't haunt me. elie, answer that question. how can a university turn around and say, i can consider that three generations of your family came here and that can be a factor, but i can't consider your background and who you are? >> yeah, they can because the six justices, conservative justices on the supreme court, will let them do it. because they don't actually think that diversity is important. see, the other part of this clarence thomas ridiculousness you played, he got an answer to his question. he got three answers to his question. one, the solicitor general of north carolina, said that diversity is important because students learn better in diverse environment and there are

studies showing that. thomas dismissed that. the second saying that there are colleges and universities are pipelines into every institution of the country, and she was specifically talking about the service academies and how if you want a diverse officer corps because it shows leadership is more legitimate if the officer corps looks like the rest of the nation and enlisted men, that's an important reason for diversity. thomas dismissed that. then the lawyer for harvard university said there have been many studies that show that groups of investors are better at making investments when they're making those investments in a diverse environment. i love that argument because you can literally prove it with money, and again, thomas dismissed that. so it's not like they actually disagreed with the arguments in favor of affirmative action. they simply pretended the arguments didn't exist. that is the thing we have seen from this supreme court. they ignore the actual facts on the ground in order to support their ridiculous narratives. >> including the fact that atermative action benefits white

women more than black people. i want to stay with you for a second. what's being used here are asian americans to try to pit asian american college admitees against black college attendees. you have tweeted a lot about this and the disingenuousness. >> the asian american argument has been co-opted by these right wing people who have wanted for their entire careers to see affirmative action taken down. you saw that because over five hours of supreme court argument, they never made the one connection for how affirmative action leads to discrimination against asian americans. in the north carolina case, ryan park, the solicitor general, said you can't make that argument because north carolina admits a higher percentage of asian american students than black students. it would be peculiar, he said, to use that as evidence for discrimination. the harvard case is a little different. i think there are legitimate ways you can argue asian americans have been discriminated against by harvard university because they use a

particular scientist called personal rating, but here's the thing. they never said how harvard's use of that statistic actually has anything to do with affirmative action, and in fact, if they win, the thing that you won't be able to look at is people's race upon admission. but you will be able to still look at the racist statistic that is actually harming asian americans. so that's the thing. when you let right wing people co-opt your argument, you lose. you lie down with the dogs, you wake up with the fleas, and that's what happened to legitimate aapi concerns throughout this oral argument. >> and watch them have clarence write the decision. because they don't really think diversity matters except when they need somebody like clarence to write a decision like that. thank you both very much. >> up next, a stunning victory for the leftist political candidate in brazil. counters the rights narrative that their ideology is ascendant worldwide, because it sure ain't

winning in the americas. we'll be right back. technically when enamel is gone, you cannot get it back. but there are ways you can repair it. i'm excited about pronamel repair because it penetrates deep into the tooth to help actively repair acid-weakened enamel. i recommend pronamel repair to my patients. with unitedhealthcare my sister has a whole team to help her get the most out of her medicare plan. ♪wow, uh-huh♪ advantage: me! can't wait 'til i turn 65! take advantage with an aarp medicare advantage plan... only from unitedhealthcare. the chef's chicken sandwiches at panera, take advantage with an aarp medicare advantage plan... freshly prepared with clean ingredients... spark an explosion of the senses. so when you finally taste it, it just confirms... this. is. fantastic. and only at panera. $1 delivery fee on our app.

every call you make is being recorded. and you're being followed. we're looking into sexual harassment in hollywood. specifically harvey weinstein. you're scared. anyone would be. the only way these women are gonna go on the record is if they all jump together. this is all gonna come out. i can't believe you found me. i'll do it. i'll go on the record. here we go with the whole damn story. power e*trade's award-winning trading app makes trading easier. with its customizable options chain, easy-to-use tools, and paper trading to help sharpen your skills, you can stay on top of the market from wherever you are. power e*trade's easy-to-use tools make complex trading less complicated. custom scans help you find new trading opportunities. while an earnings tool helps you plan your trades and stay on top of the market.

for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are.

and ask your doctor if biktarvy is right for you. if you're living with hiv, keep loving who you are. in a recent clinical study, patients using salonpas patch reported reductions in pain severity, using less or a lot less oral pain medicines. and improved quality of life. that's why we recommend salonpas. it's good medicine. a bend with a bump in your erection might be painful, embarrassing, difficult to talk about, and could be peyronie's disease or pd, a real medical condition that urologists can diagnose and have been treating for more than 8 years with xiaflex®, the only fda-approved nonsurgical treatment for appropriate men with pd. along with daily gentle penile stretching and straightening exercises, xiaflex has been proven to help gradually reduce the bend. don't receive if the treatment area involves your urethra; or if you're allergic to any of the ingredients. may cause serious side effects, including: penile fracture or other serious injury during an erection and severe allergic reactions, including anaphylaxis. seek help if you have any of these symptoms. do not have any sexual activity during and for at least 4 weeks after each treatment cycle.

sudden back pain reactions and fainting can happen after treatment. tell your doctor if you have a bleeding condition or take blood thinners as risk of bleeding or bruising at the treatment site is increased. join the tens of thousands of men who've been prescribed xiaflex. make an appointment with a xiaflex-trained urologist. visit bentcarrot.com to find one today. wing president, jair bolsonaro was defeated by lula da silva. supporters of bolsonaro sobbed, as his defeat was kin firmed. bol sunarrow nicknamed the trump of the tropics has remained largely silent as much of the

country waited to see if he would follow trump's lead and reject the election results. he spent the past month warning that he just might not accept a loss because the election was rigged. the big story is that fascist movements in the americas, while emboldened are actually losing. first trump, now bol sunarrow. here in the united states, we're a little over a week away from our own midterm elections. if you believe the recent headlines, you would think maga fascist is ascendant. if you dig deeper, you would uncover an insidious campaign from republican backed polling firms to flood the zone and tip the balance of polling averages in favor of their candidates. to create a narrative that republicans are surging and that a red wave is imminent and inevitable. our friend and democratic pollster simon rosenberg has been sounding the alarm for weeks about this wave of polling. noting that if the roughly 40 of the roughly 30 polls taken in key battleground states, more

than half, half, are from republican firms or groups. over the weekend, "the new york times" released four new polls in key battleground states which showed democrats either in the lead or tied with their opponent. so why are their polls telling a different story? according to nate kohn of "the new york times," most of the polling oefrk the last few weeks is coming from partisan outfits, usually republican, or auto dial firms. these polls are cheap enough to flood the zone. and it shouldn't come as a total surprise given that one of those polling aggregators, real clear politics, has become more openly pro-trump. back in 2020, "the new york times" noted that real clear politics has taken a rightward aggressively pro-trump turn. it also pointed out that their polling averages seemed skewed in trump's favor. up next, a look at how all of this plays out in real time, with a republican candidate locked in a tight race citing junk polls to shift the

narrative. t back. but there are ways you can repair it. i'm excited about pronamel repair because it penetrates deep into the tooth to help actively repair acid-weakened enamel. i recommend pronamel repair to my patients. woman tc: my a1c stayed here, it needed to be here. to help actively repair doctor tc: ruby's a1c is down with rybelsus®. man tc: my a1c wasn't at goal, now i'm down with rybelsus®. son tc: mom's a1c is down with rybelsus®. song: a1c down with rybelsus® anncr vo: in a clinical study, once-daily rybelsus® significantly lowered a1c better than the leading branded pill. anncr vo: rybelsus® isn't for people with type 1 diabetes. anncr vo: don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2,

or if allergic to it. anncr vo: stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. anncr vo: serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. anncr vo: taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. anncr vo: side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. mom tc: need to get your a1c down? song: a1c down with rybelsus® anncr vo: ask your healthcare provider about rybelsus® today. i'll pick this one up. i earn 3% cash back on dining including takeout with chase freedom unlimited. so, it's not a problem at all. you guys aren't gonna give me the fake bill fight? c'mon, kev. you're earning 3% cash back. humor me. where is my wallet? i am paying. where is my wallet? i thought i gave it to you. oooohhh? oh, that's not it either. no. no. stop, i insist. that was good though. earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours.

breakthrough heartburn... means your heartburn treatment is broken. try zegerid otc. it contains the leading medicine to treat frequent heartburn, uniquely designed for absorption. get all day, all night relief with zegerid otc. nevada, much like george, that it's nice to unwind after a long week of telling people how liberty mutual customizes your car insurance so you only pay for what you need! (limu squawks) he's a natural. only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ i love san francisco, but i'm working overtime to stay here. now is not the time to raise taxes. i'm voting no on propositions m and o, because the cost of everything is going up. san francisco collects more tax revenue than nearly any city in america. but our streets are dirty and public safety is not getting better. i'm working hard to live within my budget. the city should too. join me in voting no on m and o. now is not the time to raise taxes in san francisco. vote no on m and o.

could tip the balance of the senate. a key demographic in that state is latino voters. democrats have relied on their support to make the difference in close elections. last week, -- a new poll about latino voters showing incumbent and first latina senator catherine cortez

masto, leading her republican proponent adam laxalt by 33 points. naturally, laxalt a perennial candidate in this state, and a proponent of the big lie dismissed the poll from spanish language media company, univision. a fail to say, he outperformed his opponent. >> wildly generous. i mean, there are, people can go through real clear. and every single poll, that's the highest it's been in 16, in the last two months. so, there is no way on earth, it's 30. it's that univision poll, surprise, surprise. it's tilted again to. >> i'm joan by john rawlston, simon rosenberg we, thank you both for being. here john, you're at a disadvantage. looking at the numbers here. the steve cisa lack, 45, joe lombardo republican 41. it's the newest poll out of

nevada. and you've got catherine catherine cortez masto, adam laxalt 41. that's the nevada independent. how reliable at this point is the polling on the race in nevada. and in your view, are the polling averages that have tended to show cortez masto doomed, are they too over the top, and incorrect? >> first, joy, you can trust the nevada independent. will [laughs] but seriously, listen, i don't put much thoughts in any polling right now. we have already had people vote. we've had about a quarter of 1 million people vote in nevada. i've track these early numbers very closely. and it looks like the democrats are holding their registration in nevada. there is no signs of a red wave. there's no signs of a big democratic wipeout coming. it doesn't mean it can't happen of course, joy. the hispanic numbers are interesting. at 60% that you saw from the

univision poll is about what cortez masto, and democratic internal show. there is no way, that cortez masto, can be close in this race. whether it's two points ahead, or even as the new york times poll shows, if she's not doing really, really well among hispanics. adam laxalt only 15 or 16 points behind her with hispanics as he claims, she's gonna -- and it looks pretty badly. >> there is no imperil evidence that hispanics are turning on the first latina evidence, there's no reason for it to be happening. it's just being sad. you've tweeted this a lot. you look at these real clear politics averages. you look at the 5:38 average is, you can't just look at them at well, i can trust them because it's 5:38 politics. there's junk pulls in them. >> what's unfortunate, the places we rely on help us tell us what's going on in the election, they've been corrupted by a flatter republican polling in the last

few weeks. now, in six major battleground states, more than half the polls conducted in october have been conducted by republican firms. that means basically we can't trust the data on real clear politics or fivethirtyeight any longer. it's essentially republican propaganda. what it means, i agree with john, we should be focusing on the early vote. the early vote data is telling us we have a lot of people voting. for democrats, across the country, the data is very, very encouraging. i encourage everybody here, if you're geeking out you need to look at stuff, go to the early vote, go to the target early site. it's got great data, every day, to help you understand what's happening with real voters not with pools. >> to give an example of the. as you tweeted this out earlier, there's a lot of this junk polling, this republican polling that tries to show voters of color are surging toward republicans. there's no reason for them to be doing. it herschel walker, if you look at the percentage of the blackout, in a regular ordinary poll, what like the new york times -- 70% --

would get. some of these polls are showing herschel walker getting 25% of the black vote. that's ridiculous. give the same thing with doctor oz. he's trying to show that somehow he's gonna get a third of the black vote. there's no reason for it. but it's being said. >> listen, these are junk poles. the republicans, it's part of the information war. they're trying to suppress democratic term out, create negative sentiment for democrats. and more positive sentiment for that. what's disappointing, many of the meet the people who do the analysis on elections, should've caught this. this is an unprecedented massive campaign by the republicans. to gain the polling average. as is disappointing to me. this wasn't caught earlier. by many the people that do this that are on tv. and do this for a living. but it has to be understood now, the polling averages have been corrupted. we now need to look in my view towards the early voting. >> if you read rcep, you can see they lead republican. but it's getting intense.

i want to talk to you john rawlston, nevada is a special state, it has a really high quality democratic party. that harry reid, the party that rebelled. when i was working florida politics a radius and these that we can be nevada. nevada had a great democratic party operation. there are this other sort of meme going around, the party has completely fallen apart without harry reid. is there anything to that? >> this is all speculative journalism that says, is the read machine faltering without harry reid. bottom line is, harry reid was a towering force in the data. i wrote a book about him, i know this, joy. but the people that are running the read machine, operating the leopards of that powerful organization. are basically the same people. that machine was built, it's still there. whether it works or not as well as it has in the past, considering all the headwinds that democrats are facing. is another question. if any machine can overcome

that. it's the read machine. by the way, i agree with simon, people should geek out on the early voting numbers. but not on the -- sites i'm talking. about the nevada independent site. >> just follow jon rawlston and follow sovereign rights lindberg. that's how you guys should be following. if you're not on twitter, find them wherever you can find them. because they actually have to real data. thank you guys, very. much before we go, the readout is coming to florida on saturday. we'll be lied from ace café in orlando. my guess will include val demings and the man who is challenging ron desantis, charlie crist. i hope to see you all there. i won't be in costume. this is as much as i'm getting for halloween. i hope you guys are paying attention to the lipstick change. thank you for watching. all in starts right now. for watchi ng >> tonight on all and. >> it appears as though this was based on his statements that this was politically