one thing i wanted to revisit, smiley v home. the reason i asked about that is that this would be unpress dented when we right now are in an unpress dented time where we have a president who refuses to commit to a peaceful transfer of power working to undermine the integrity of this election. and yesterday you wouldn't commit to recuse yourself from the case, we just talked about. but now we're considering your confirmation to the highest court in the land in the midst of this election. in smiley the supreme court held the governor is part of the legislative process and a legislative cannot change election rules that could be important because we have a number of swing states where we have legislature one party governor of the other. and we have this precedent that has been on the books for nearly 90 years. do you think that that is established supreme court precedent? that a governor is part of the legislative process snfrmths i actually am not familiar with that case. but it is president dent -- obviously the precedent of the c

supreme court some smiley b. holm ruled the minnesota state legislature could not change election rules unilaterally. do you agree that the unanimous opinion in smiley v. holm, never questioned by any other supreme court case is settled law? >> i'll say two things about that. first of all i was not aware of that case. you've taught me something. secondly, i can't comment on the precedent, give thumbs up or thumbs down in justice kagan's word. >> end there with precedent. a good way to end here. so you wrote in your 2013 texas law review article that you tend to agree with the view that when a justice's best understanding of the constitution conflicts with supreme court precedent or case law it is "more legitimate for her to follow her preferred view rather than apply the precedent" and i want to run through a few examples. brown v. board of education. as we know that holds that the 14th amendment prohibits states segregating schools on the basis of race. is that precedent? >> yes. >> can't be overruled? >> well,

smiley v. home. the reason i asked about that is that this would be unprecedented, when we -- 90 we're in an unprecedented time where we have a president who refuses to committee to a peaceful transfer of power, working to undermine the integrity of this election. and yesterday, you wouldn't commit to recuse yourself from the case we just talked about. but now we're considering your confirmation to the highest court in the land in the midst of this election. and in smiley v. home where the supreme court held that a governor is part of the legislative process and therefore a legislature cannot unilaterally change election rules, that could be very important because we have a number of swing states where we have a legislature of one party, governor of the other. and we have this precedent that has been on the books for nearly 90 years. do you think that that is established supreme court precedent? it said that a governor is part of the legislative process. >> i actually am not familiar with that case.

joining me now is david smiley, a political reporter for the miami herald.e spoken to diehard democrats and diehard republicans, it does look once again it's too close to call in florida. >> anybody who tells you they ow who is going to win florida is just making it up. nobody knows. it will almost certainly be incredibly close. donald trump won this state about, by one point in 2016. if it is anything more than that in 2020, by florida standards, that is pretty much a blowout. >> we got two weeks to go. could you see anything happening, david, between now and election day that could materially make a difference in the race? >> i think if we see coronavirus numbers increase significantly in the state, that this essentially has a big impact. we know that donald trump's voters are going to show up in a big way on election day. and how much is going to be the big question. joe biden will go into election day with a very large lead. we have about half a million more democrats who have voted at this point than republicans in the state of florida but we also know

. >> messages like this, black lives don't matter, and another one repurposed with nooses and a smiley face them og. this is a code for off-duty triggered an internal san jose police department investigation in june.>> it becomes clear for some statement that appears all members of the community in contempt that's a real problem. >> they reviewed more than 250 cases and 14 of them all misdemeanors including resisting arrest, and driving under the influence will be dismissed. >> i wear a headscarf, i think twice about calling the police. i can't imagine the last time i felt safe doing so. >> they released a statement saying, the scrutiny they are receiving regarding inappropriate behavior is warranted and in this instance i understand the decision to seek dismissal in minor cases. we are holding any officer found to have acted inappropriately accountable. >> we have no reason to believe that they discipline these police officers and they remove them from the force. they have not said anything in months. >> they respond to the announcement to dismiss cases involving the officers. crimina

does a smiley emoji from an automated bot count. >> we have heard from hundreds. >> waited and waited. >> who criticize their contact with all sorts of customer service centers. >> i'll send smoke signals. they are more likely to answer that. >> many fema service is trending down. te spite a ton of business innovation. in the past you had three ways to contact a company. in person, by phone or mail. these days you can e-mail. text. post on social media. and even chat with a bot. all that is a mixed bag for customer service. with all the new sounding board, there's out sourcing. long hold times and bots that just don't get it. >> it's frustrating. customer service is all about fundamental. unfortunately just the way business often operate that's thrown out the window for efficiency. >> founder of the customer service institute of america. for 13 years the institute has trained companies in customer service. and annually awarded companies that deliver. >> we certify. we educate. and recognize. >> what's her take on customer service today? are companies keeping up with expectation. are p

rest of his mouth retracts to show layers of teeth and so it goes of the action plan,:-), stern, smileyand it's the meticulous operation you find in a box of cracker jacks and reflects cruz's features into something close to handsomeness and even held at touch of old-time hollywood à to a borderline effeminate prettiness. there's a lot to happen to cruise showing up in makeup under those high-tech studio lights, in person there's a show on the restiveness to him, a blurring of definition in his face and of the little mob of his chin angling like a quail egg. even the skin and indentations of slump how he feels when he's not buttoned up ina jacket . that's the best description of anything i've ever heard. thank you for all sitting around . please buy this book because it's so relevant to this election. it was written in the last election but you could just replace it with dates and it would bethe same thing . i think. >> thank you for writing your book and jackie, thank you for hosting. everybody buy abook from green light , it's a wonderful store. >> if not hours, somebody else's . >> t

so the facial feature matches the smiley emoji. the old mask had just two slits for eyes. apple has not commented on why it upgraded the design to the one that now has a little bit more cheerful disposition. >> trevor: yes, they now have an emoji for people who are happy to be wearing a mask. and what's also cool is that they have an emoji for people who protest masks because they love freedom. now, look, they say that this emoji is smiling, but it doesn't really look like it's smiling. we don't know if it's smiling, which i i guess makes it really realistic. think about it-- for the last few months, we have been walking around with these masks, no one can tell what your expression is. you're trying to smile with your eyes but some freaking stuff is going on under there. when we come back, screw christopher columbus. we find an italian-american hero that all americans can support. don't go imagine a future where machine learning will track your sleep. excuse me, ma'am? yes? (sleepily) yeah, this already does that. oh, i didn't know that. well now you do. let's try this aga

she was driven from her country by war but choose to return despite continuing violence now smiley activist it was a lot of mana cost being awarded the special prize here in germany for her efforts to help others. i am eddie michael jr and you're welcome to the program the u.n. has as cameron to investigate and prosecute the gunmen who shot and killed at least 8 children at the school the horrific attack happened in the town of combat southwest cameroon the area is a 1000000 habit said by the country's english speaking population where separatists seeking to create a break are we state our reports are blasé young now reports from combat. a grandmother in mourning last week he really gone men killed highlevel year old grandson. victual shot dead alongside all the children at a school. with think i'm rude. he has got the country and a family diversity to. their boy was pasta one if uses only son. and my soul so. significantly one like. barely for me if. it were not. only i will never ever go to these classrooms still bears the scars of the brutal attack schools have been targeted in the past

today just south of the city of a smiley israeli tanks remain at the point where their advance was stopped and its tracks. headway at that point the corridor through the road had not been cut and neither the 3rd nor the 2nd army was besieged but then who said anything about israel respecting un security council resolutions and the slave that then commitments. as the hour of the cease fire approached american secretary of state henry kissinger arrived in tel aviv. this ceasefire he had just spoken straighted with the soviets had come too soon for israel they were desperate to fight on to consolidate their position. kissinger agreed to turn a blind eye. witness so that israel had a greater interest in the ceasefire couldn't get it right at the moment because the hard work to do so terror it was to corruption. as morning broke on the 23rd of october israeli forces went into action as though no ceasefire existed. to aman divisions commanded by generals after hamadan and common market. braced southwards by pulsing egyptian resistance points and a dash towards us. bombing of a private school bus

draw a smiley face on a christmas tree, whatever it may be, it's perfect. >> reporter: virtual office parties work well during the daytime. >> do it during the day, during normal working hours. that feels like a treat alone because employees are kind of getting the day off. >> reporter: some companies are trying to line up a few surprises such as a big-name entertainer who can perform live or recorded. >> they can prerecord all of that in advance and then give us the footage and we can upload it somewhere and it can still feel really special. >> reporter: this season's office party may not be the same as last year's but it won't leave employees saying humbhu -- bahumbug. >>> giving to charities is always a big part of the holiday season but with covid-19 of course it's even more important this year but more difficult, perhaps. joining me now is kevin scally with an organization that evaluates charities in the u.s. thank you for joining us. really appreciate it. >> thank you for having me. >> absolutely. you know the need is always great around the holidays, right? talk about the need

. >> reporter: the way it is, does a smiley emoji from an automated bot count as service. >> we've heardrom hundreds of people. >> waited and waited and didn't get anything. >> reporter: who harshly criticized their contacts with all sorts of customer service centers. >> i might as well start a fire and try to send smoke signals. they're more likely to answer that than the phone or email. >> reporter: many feel service is trending downward with business innovation. in the past you had three ways to contact the company. in person, by phone or by mail. these days you can also email, text, post on social media, and, yes, even chat with a bot. all that modernization is a mixed bag for customer service with all the new sounding boards, there's outsourcing, long hold times, and bots that, well, just don't get it. >> it's frustrating. >> customer service is all about fundamentals but, unfortunately, just the way businesses often operate, those fundamentals get thrown out the window for efficiency. >> reporter: christine churchill is founder of the customer service institute of america. for 13 y

representative billy mitchell, representative calvin smiley, who have been with us from the very beginning the united states house of representatives lucy and hank and sanford. all three of them are first rate congresspersons because if i win i'm going to need them badly and by the way, i think it's important that you win as well. along with carolyn bordeaux. folks, i think we are going to surprise the living devil out of everybody this year. i can't tell you how important it is that we flipped the united states senate. there is no state more consequential than georgia in that fight. you have two competitive races here. it you have two great candidates were going to need all the support they can get. reverend warnock and [indiscernible], both great candidates. no, they really are. and by the way, if we had told you all a year ago or told those guys out in the street a year ago -- good to see you man, told all the guys out on the street a year ago how competitive george was going to be you will have all looked at one another like you're crazy. but look, it doesn't take long for people to fi

you know, celebrities are used to decrease voter apathy and we hope with tyler perry, with ricky smileyere today, we have dougie fresh coming in, anthony hamilton was here, uncle luke was even in on the phone, that we will increase participation among communities of color. >> my '90s flashback is fulfilled with that list right there. according to "the washington post," the black turnout was significantly down in 2016, as least compared to 2012. what do you have to say to black voters who are possibly on the fence about voting or have no plans to vote at all? >> yes, my message to them is take a close look at how this year has been for you, for your community, for your family. it's been quite you difficult to know one person holds the power in their hand and the ability to let you know when and how you can leave your home, when and how you can provide for yourself, the way covid-19 has wreaked havoc on communities of color in the state of florida, our unemployment system has also been extremely broken and has not provided folks with payments and enough time to sustain themselves. florida

sharon's division would move north to surround the egyptian 2nd army and capture the city of a smiley. a duns division and another commanded by general mongan would move south to encircle the egyptian army and capture the city of suez. this would be their final goal israel would come to the bargaining table holding a trump card. israel had 2 bridges we're going to merge the roller bridge. they were now ready for an army across the river sort of. for 2 days and with the bulk of the egyptian army on the east of the canal scattered forces in the west foot bravely trying to hold their ground against 3 israeli army divisions but they were outnumbered and overwhelmed. general shadley could see that his plan was on the verge of failure. and this again i was a different i went back and said the situation was becoming very dangerous so on the 20th i said tonight i have to bring back any armored brigade i can afford from the east i had 4 armored brigades in the east with no job i said i have to bring them back tonight as this. that night one small general smiled had to request sadat to come to

he was interested, engaging, smiley. >> reporter: it was the late 1980s.hn was in law school there. until he met her, that is, and said he had a kind of epiphany. >> he said, you know, i'm not even sure i'll be happy being an attorney. i think i want to be a nurse anesthetist. and i think my jaw fell to the ground, because i thought he was, you know, a second-year law student. >> reporter: in fact, he wasn't. he had been kicked out. though he didn't tell her that. >> all the days of my life. >> all the days of my life. >> reporter: so, in her blissful ignorance, she married him in her family's church in 1990. >> mr. and mrs. john meehan. >> reporter: and she helped put him through nursing school. they had two daughters before things stopped adding up. >> and i found out that he was having an affair. >> reporter: tonia wondered, what else did she not know about her soon- to-be ex-husband? like, why did he refuse to invite his family to their wedding? why not let her even meet them? she decided to call his mother. >> i said, "dolores, this is tonia. i'm marr

do you agree that the unanimous opinion in smiley v holmes which is never been questioned by any other supreme court case is settled law? >> i will say two things. first of all, i was not aware of that case. secondly i can't comment on the precedent. >> why don't we end there with precedent questioning that's a good way to end. you rode in your 2013 texas law review article that you tend to agree with the view that when a justice's best understanding of the constitution conflicts with supreme court precedent or case law, it's "more legitimate for her to follow her preferred view rather than apply the precedent. quick what i want to run through a few examples. brown v board of education. the 14th amend that private it states from segregating schools under the basis of race. is that precedent? >> well, that is precedent. as i think i said in that same article, it is super precedent. people consider it to be on that very smallest of things that are so widely established and agreed upon by everyone. cost for its overruling simile don't exist. >> okay. you also separately acknowledged that

just get few runs of >>he's so happy smiley yeah, the series going to be decided today at the coliseum crossed for the a's first pitch at noon. the winner advancing to the american league division series. all right now to the forty-niners we've got quarterback jimmy g still nursing his high ankle sprain so he's not going to be playing on sunday. >>it's not too worrying because the backups pretty capable as we saw in nick mullens turned heads this past sunday when he started braunfels place a pretty good connections in fact threw for 343 yards, even threw a touchdown there and that win over the new york giants. in fact it seemed like shanahan was certain calling more throw calls passing plays with them owns behind center but he says don't worry jimmy g still is guy. know that scenario doesn't exist, but i don't think that's one game either. so how free to do jimmy steen he's done held the job for us and when he's healthy. >>the planning in for us. >>yeah the niners are going to hosting the philadelphia eagles on sunday night at levi stadium in we'll see how they do. >>it's 6.22 and stil

. >> a little emoji, a smiley donald trump i don't know, i think you buy stocks, you buy stocks that having good earnings, okay and you try to measure whether those earnings are going to hold up under a biden or under a trump regime and you look at procter & gamble and say, i know there is very little volume now, i don't think anything that is happening at procter has anything to do with who is president. same thing with fi5g you look for themes, themes demonstrate, there is worldwide growth, we don't see it, being led by china, i covered last night caterpillar. there is definitely some -- a couple of things going on out there that are positive. the autos. listen to what phil is saying. the autos. the used trucks. aerospace coming back. these are great themes to own regardless of who is president and you got to back away from the idea that somehow this stock or that stock is going to get hurt and i don't care about the tax situation either you have to invest no matter what, carl can't just avoid investing because of tax considerations. >> i know you've been watching the autos, you ha

. >> and the message said, "hey, this is travis, the guy in the creepy white van, smiley face.you get home okay?" >> reporter: travis? who was travis? nobody in kenia's circle of friends and family had ever heard of anybody named travis. >> i kept calling him. i kept leaving these messages. >> reporter: no answer. no calls back. at this point the mysterious travis in the creepy white van was the only possible lead in their daughter's disappearance. they filed a missing persons report. but it was too soon, the police told them, to start an investigation. and so alone, they panicked. >> we were running around like chickens with our heads cut off and we didn't know what to do first. so we were just trying to figure out what have we got to do. >> reporter: and then, one terrifying day later, the mysterious travis finally returned tony's calls. and travis had some rather stunning news about kenia's whereabouts and just who she might be with. coming up -- tony on a mission that would leave his wife paralyzed with fear. >> immediately i was so afraid. i said oh, my god. >> grabbed the

billy michelle, calvin smiley who have been with us from the very beginning of this campaign.t to send back to the united states house of representatives lucy and hank and stanford. all three of them are great congress persons. because if i win, i'm going to need them badly. and by the way, i think it is important that you win as well. along with carol and bordeaux. folks, think we're going to surprise everybody this year. i condition tell you how important it is that we flip the united states senate. there is no state more consequential that georgia in that fight. you have two competitor races here in the state. you have two great candidates that will need all of the support they could get. reverend war knock and john austin. both great candidates. no, they really are. and by the way, if we told you all a year ago or told those guys out in the street a year ago, good to see you, man, told those guys out in the street how competitive georgia would be you would have looked at one another like you're crazy. but it didn't take long for people to figure out what the game is up. wh

she's a smiley ray of sunshine. her favorite activity is spending time with her big sister whom she adores. if we let her, she would watch "sesame street" all day. elmo is a way of life in our house. she loves music, book, therapy, and playing outside. she's mischievous, funny, and beautiful. she has the ability to bring smiles to our family and the -- in the worst of days. we wouldn't change one thing about her. she has an extra copy of her 21st chromosome also known as try soap my -- trisomy21 or down syndrome. her diagnosis came as a surprise to us after enduring four miscarriages. she was our miracle baby. our miracle baby surprised us on the day of her birth with her diagnosis and a heart condition. we were completely unprepared to raise a child with a disability. after i delivered her, a kind nurse explained to me how lucky we were to have siena here in pennsylvania after passage of the affordable care act. and then she went on to talk about how pennsylvania had some benefits in medicaid. and then shannon cont