"the beat" with ari melber starts right now. >> hi, nicole. do you have coffee for tomorrow? >> i'm going to stockpile it. i'm going to end up with an iv one of these nights. >> will it be a late night? only you can tell is you and maybe steve. >> i'm not sure. it's not anything i've seen in the polling. i think that both sides are claiming momentum, and you never really know who's telling the truth till you start to see steve kornacki at the board. >> till we get the votes on the board. we'll be watching, nicole. see you soon. i want to welcome you to "the beat." i am ari melber. today's supreme court arguments on choice, women's rights and abortion. we also have a legal update on biden winning some of the mandate wars. and later something special about president obama and civil rights. but as nicole and i were just discussing, we begin here in virginia on the eve of the first major election since 2020. this governor's race between

democrat terry mcauliffe running for his old job against republican glenn youngkin with local issues like jobs and covid competing with the national realities about the state of the biden agenda, that spending vote which may in the end come too late to boost any enthusiasm for the democrat on the ground there. and a test for the republican party balancing trumpy drama with electoral reality. a republican candidate trying to have it both ways, as "the washington post" editorial recently put it, appealing to the suburban centrists out there while trying to pacify the maga faithful. it has been a dance occurring in public, democrats exploiting that as a weakness potentially for republican glenn youngkin. >> he's created hatred and division just like donald trump. >> tyranny is running against an acolyte of donald trump. >> we don't want trump, we don't want youngkin. >> he won't allow donald trump to campaign for him in this state. state.

what's he trying to hide? is he embarrassed? >> observers know he's trying to hide the elephant in the room. even boycotting a so-called telerally that trump himself is trying to hold tonight. now candidates in the gop and more deep red states would jump at any appearance on trump online. also the candidate following up a claim last night that he hasn't talked to trump by now saying, well, the teams are talking surely, and digging into maga cultural attacks on critical race theory and going through the cul-de-sac of talk about banning books. please. now these stunts may appeal to some of the maga turnout crowd in this off-election year. but we do know it's not where most of the state of virginia is. obama first turned that state blue back in 2008 winning by six points. and it only got worse for republicans under trump.

to paraphrase the late-great nipsey hussle, democrats feel like the last time that they checked, they won by ten points, no sweat. and there was no smut on their rep. so, last time that they checked, it shouldn't be a tight race. and yet it is. it looks like a tight race from the indications we have, nothing matters till you get all the votes in. i'll always tell you that. i'm not predicting, but there's also history that serves the republican argument here because virginia is this off-year race, and historically it almost always flips back to the party that just lost the white house the prior year because opposition and politics breeds energy. and that leaves plenty of questions on this election eve about which history may echo tomorrow night. let's get right into it. we have pulitzer prize-winning columnist and associate editor for "the washington post," democratic strategist juanita toll over. and tom periello.

tom, we go to you as the virginian, which history will echo, do you think? >> well, listen, we'll know when the votes are counted, but the early vote looks very strong for terry mcauliffe and an incredibly diverse slate of delegate candidates that are also up for grabs. we do see that historical headwind that favors republicans. we still have off-year elections that have been protected in virginia to try to minimize african-american votes. but what we've seen is two things, a republican party that can't quit trump, and we've seen a democratic party that has delivered at the state legislature all the things that congress, we hope, is going to do, raising the minimum wage, family medical leave, decriminalization efforts that youngkin tried to run against but found was very popular even with swing voters. so we see democrats that have delivered and are trying to unite folks against really a set of culture warriors that most parents are just getting a little sick and tired of dealing

with. and i think tomorrow's the chance to show whether that inclusive virginia continues, whether the adults in the room stay in charge or whether we see this trump 2.0 rise succeed. >> jean and then juanita. >> well, look, history is on both sides of this race because historically for the last, like, 50 years the party that wins the white house loses the virginia governor's race the next year, except for one time when terry mcauliffe beat the odds in 2013 after barack obama's re-election. so, on the other hand, virginia has been becoming a bluer state. and as, you know, and so the fight is really over those suburban voters who have been trending increasingly democratic, who have been turned off by the republican party in general, and certainly were turned off by donald trump. and you might know what's going to happen tomorrow, but i don't.

[ laughter ] we're just going to have to wait. >> juanita? >> yeah. i agree with everything that's already been said so far. i really want to emphasize the point that, as someone who's been tracking the data on this, what i'm keeping my eye on is democrats fully aligned by mcauliffe and republicans fully lined by youngkin, how independents are breaking. and based on the last monmouth poll, they seem to be leaning towards youngkin. and the same message that levels that race-based and racist themes that resonates with white voters across the country is something they're responding positively to. and as former congressman perriello mentioned, this is about turnouts and making sure that democrats do have a good margin in that early vote but

also see strong returns in the day of vote. because we know when more people show up at the polls, democrats tend to fare better. and that's something we should all be keeping an eye out for, the cadence and pace of votes that are happening on the day as well as the margin that democrats can have. >> yeah, what you just said sounds like, oh, it's a good thing for democrats but it's also just literally true. we see that in the national turnout. we see that in sort of the shrinking aging white electorate that has been the sort of bread and butter of the gop, and then a place like virginia the presidential year and the off-year is a turnout battle, is it not, tom? because high turnout can look more like a presidential year where we just showed clinton won the state, biden by the largest ever, hence the nipsey hussle reference, which i know means something to you, tom. [ laughter ] and then obama twice to juanita's observation as well. we had our reporters out there talking to voters. and you know the state so you'll

educatus. but here's some of what voters were saying about attacks are playing. i don't like the crt training. those children are not going to get what they need. >> parents do have a big say in education. this critical race theory is something to me that is ridiculous. >> it's a racist dog whistle. we all know, everybody knows that critical race theory is not taught in our schools. and it's unfortunate that they're using that dog whistle instead of talking about the issues. >> tom? >> well, first, i thought your obama tease at the beginning was going to be his part of the jay-z induction speech the other night. [ laughter ] >> it may be, tom, but people will have to wait till the end of the hour. >> i didn't mean to ruin the tease. [ laughter ] >> i wonder whether we are

seeing a generational shift. from my entire life in politics the assumption is republican voters show up no matter what, democratic voters need a reason to show up. and i wonder if instead actually what we're seeing is now that the maga base has had the sort of full dopamine rush of trumpism that the dog whistle just doesn't get them out without the bullhorn, even though we know it's the same politics. whereas our side already knows the fear, the fear of going back to the anxiety, the fears of trump 2.0. and i think the critical race theory fear mongering is part of that, voters are getting smarter about it. and i think parents are saying wait a second, i want my kids to learn real history, i don't want them to learn fairytales. fairytales is when you're 6 or 7 years old, but i want them to learn critical thinking and learn real history. parents are saying, wait a second, the same people that are freaked out about that are the ones that don't want kids wearing masks meaning my kids

are going to end up having to stay home again. i think that's what people are seeing from this democratic ticket, and i think the sooner congress gets moved forward with the building back better agenda you're going to see the same thing nationally. so, turnout is going to be huge. i do think, though, we've seen voters turn out now in 17 in virginia, 18, 19 in virginia, and 20. and now that we've removed some of the jim crow voter repression laws, the majority is allowed to vote and that's going to be a good thing for democrats. >> juanita, your views on that. there was the reference to dog whistle, and there was a period of time where things were offered with plausible deniability so they would be called a dog whistle. then you have donald trump literally running on religious exclusion on racism, on misogyny, on banning people because of their religion. i don't care which religion it is, you're self-identifying as a religious bigot and then you

have anti-black terrorism and the march of the confederate flag while trying to overthrow the government. the question is where does that play compared to the politics? because, again, politics is what people are thinking about with jobs, covid, so-called kitchen table issues in virginia tomorrow as well. >> that's exactly right, ari. it's not a dog whistle. he means it when he says it. every voter who responded to the poll and said education was their number one issue meant race is the number one issue because that is the way that youngkin is approaching this, that's the way we know the entire gop across the country has approached this over the past, what, 16 month when's they started this drum beat around this critical race theory. i don't consider it a dog whistle at all versus a blatant statement to white voters that white voters have been responding to, especially trump's base of voters. and so while i think as you characterize it at the start of your open, ari, that youngkin is dancing, i look at it more of youngkin is winking at the trump

base, saying i still got your back, i'm just talking to you on a trump-like way in my sweater vest. because he knows he has to remain to some degree palatable appeal to independent voters. and sadly that's where it's resonating. looking ahead to election day, i think you're going to see more independents potentially break for youngkin based on these arguments. it's because he's doing it in a way that isn't as repulsive as trump. so even though trump's throwing this telerally. even though youngkin is trying to distance himself, he's still winking at trump's voters saying i got your back and i will bring all of those trump policies into the commonwealth if you elect me. >> and, jean, shout out to sweatervests and all the vest/fleece ensemples. if, to juanita's point, which i think is fair, if they are a kind of political subterfuge to

seem like a dad at soccer practice when you actually want to do radical things, then be honest, tell the voter who's you are. >> right. and so who is glenn youngkin? you wouldn't know from his ads because his ads, i can't think of a single glenn youngkin ad i think i've seen about 8,000 of them that includes the word republican, for example. he manages to avoid that word in an appeal to independents. and the whole thing about he doesn't want trump to be against him, but he doesn't want trump to come and be overtly for him because that clearly would hurt him with democrats. so, it depends on how people see glenn youngkin and whether people see through what glenn youngkin is doing. and, like, juanita, i'm not clear on that. i don't know how independents are going to come down in the

final analysis. i do know that if there is heavy enough democratic turnout, then terry mcauliffe ought to be okay. but that requires pretty heavy turnout. >> yeah. well, and the whole political world will watch this tomorrow with some of the points i think you guys have raised, especially as people near the beltway which sometimes has that pejorative turn. but in this case we've learned a lot. eugene, juanita, and former congressman, thanks to each of you. neal katyal is here on the story of what trump is hiding on january 6th and some damning new evidence. then this big legal victory for vaccine mandates, it's being cheered in the white house. also tonight, barack obama speaking out on civil rights and the road to change with something we want to share with you, surprises for icons. that's later in the show. e show mm. [ clicks tongue ]

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with an unhinged and inaccurate little rant, blaming that trump-fueled insurrection on pence's team. the argument was that because pence refused to make a show of claiming to steal the election during the senate's meeting that somehow he caused this? that move, by the way, had he done it, wouldn't have changed a thing. but here's what the lawyer emailed team pence. quote, the siege is because you and your boss, pence, did not do what was necessary to allow this to be aired in a public way. now, that lawyer is a guy name john eastman, part of the ongoing shadow trump government that tried to end democracy last time and continues to go out and organize efforts tomorrow next time. now, eastman is not as well known as some trump figures, but he was on the inside. he was talking to steve bannon days before january 6th trying to whip up some sort of final public pressure to push pence into action.

>> are we to assume that this is going to be a climactic battle that's going to take place this week about the very question of the constitutionality of the constitutional act of 1877? >> i think a lot of that depends on the courage and the spine of the individuals involved. >> that would be a nice way to say a guy named vice president mike pence? >> yes. >> the january 6th committee now is expected to subpoena that lawyer mr. eastman by the end of this week. we're joined by former acting u.s. solicitor general neal katyal and an msnbc legal analyst. it's baroque and weird and unhinged, you know, as an american i'll say thank goodness things weren't worse. so it looks now almost just sort of whacky. if pence had gotten further hurt, which is what the trump fans said they wanted, that

would look rather different. what, if anything, do you read into all this? >> i think it's more than whacky. it's potentially treasonous or close to it. if you've ever been annoyed by an ill-timed email that you get at work, just remember you don't ever have to swat john eastman out of your inbox in the midst of an armed riot. eastman wrote an article saying that kamala harris was ineligible to serve as vice president because her parents were immigrants. and between that and his now eastman's pence memo, i'm pretty sure that this guy just stays up at night making up random things that a vice president can and can't do. i mean, what's next? he's going to write a memo saying the vice president can't, like, enter the west wing without a hall pass? this guy is preposterous when it comes to constitutional law and the idea that anyone let alone the president of the united states would be taking advice from this guy calls i think that

former president's judgment into serious question. >> yeah, i think that's fair. then you have the clash that we relied on your expertise for that you've been guiding us and viewers through, which is this executive privilege claim. here's what we're now learning that the trump folks actually want to try to hide a record of the president's movements, phone calls, trips, briefings, meetings, and activities. that's the range of it. what does that tell you? >> i think it tells me a lot, particularly in conjunction with "the washington post" reporting today about how trump stood by for 187 minutes and did nothing. i mean, donald trump's a guy who tweets with him like a minute of any indignity to a white person happening anywhere in the united states. this claim of executive privilege is looking bogus, it's looking like a delay tactic, and it's not going to work. and i think it's not going to work for three fundamental reasons. one, a former president can't easily assert executive

privilege except for the current president. the second is even if you can assert executive privilege and even if it's in the heartland of what executive privilege is about, like foreign affairs communications, the supreme court has said executive privilege can be breached if the need for the evidence is strong. and here the evidence is as strong as it gets. this is the most important investigation in our lifetimes potentially. and the third thing is trump just lacks credibility. he's tried these bogus defenses of immunity time and again. he's lost them time and again. and i think the courts are going to run out of patience with this. >> yeah. the last thing i want to do is just read a little bit of what eastman's talking about for the future because this is the template. he says, quote, if we take a bunch of these officials out in the primaries in 2022 and the precondition of getting elected is, quote, that we're going to fight this stuff, then maybe we have an opportunity. you know, there are secrets, and then there are plots out in the

open. what do you as someone steeped in the constitution of this country think of this person claim -- he's a lawyer, out in the open saying they want to find candidates who will commit to overthrow democracy? >> i mean, this guy is part of reconstruction 2.0 to me. and just like there was a backlash after the civil war and after the northern victory, there's a backlash now about progress, a backlash coming from president obama being elected, and all sorts of other things. and we can't afford another 100 dark years the way we had after the civil war. i'm really, really worried the idea that john eastman or these other folks want to deprive people of their right to vote, to throw out election results that they don't like, you know, that's a terrifying concept. and i think every american, you know, doesn't matter your party, has to be aghast at this. the 2006 voting rights act was passed unanimously in the senate

98-0, 417-3 in the house of representatives. now you get not even one republican voting for such a thing. i don't know what that party has become, but it's scary. >> yeah, all important points. thank you as always. up ahead, we will hear new from barack obama a civil rights message worth hearing, we believe. that's later tonight. and we're back in just 60 seconds. biden told republicans have at it, sue him over the vax mandates, and now signs that he's winning. we're back in 60. 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. ♪♪ as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? ♪ liberty, liberty, liberty, liberty ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪

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the court already left in place mandates at educational institutions. taken together the headline here is it is hard to overturn covid vaccine requirements. and courts have upheld them for a century of all kinds of vaccines. now there can be limits when it comes, for example, to religious exceptions and how courts want to require that. meanwhile, the biden administration is set to publish details and a mandate rule in writing this week. that plan allows a major exception, allowing basically everyone who is affected by it to choose testing instead of vaccination if they want. still republicans in 11 states suing biden over it. and the president has told republicans have at it because he says he'll win these challenges. these brand-new court signaling that i'm telling you about, they're definitely on his side. the supreme court has yet to hear a full case on this. but everything that we're learning including that new ruling from maine suggests they're okay with it. now, the ruling that it left in place ruled for mandates and

also noted the government can take action. this is from the judge who initially upheld the mandate said the government can take actions to reduce, quote, serious risk of illness and death associated with the spread of covid. let's get into it. i'm joined now by professor of global health at georgetown, author of the book "global health security: a blueprint for the future." thanks for being here. >> thanks for having me back, ari. >> what does tell you that these justices came together to leave this in place? while i'm always careful to note they haven't had the full hearing on it yet, but they're certainly not stopping any of these mandates. >> no. i don't quite trust the supreme court. it's really conservative, and it often prioritizes religion over public health. but, as you said, ari, this has been upheld by courts throughout the land for a century. the supreme court has upheld vaccine mandates twice.

george washington required it of our troops. so this goes way back in american history. and it would have to be a complete turnaround and violation of the rule of law for the supreme court to do otherwise. but i do worry about religion because i think that if you have a religious exemption, it could just be a great big barn door, and just let the flood gates in and i don't want to see that happen. >> you worked with w.h.o. and really know these issues around the world. what's your global perspective here on how the u.s. uses these powers compared to other places? because we've heard the arguments of, oh, maybe this is extreme or government overreach, and, yet, most of the mandates have exceptions, the biden one is a big one as mentioned. and the united states has tried to strike a balance with liberty and vaccination for some time. >> yeah. i mean, from an ethical point of view, let's just start with that. everyone has the right to -- you

know, the sanctity of their own body, of course, but nobody has the right to expose another person to a dangerous and infectious disease. you don't have the right to go into a crowded workspace unmasked and unvaccinated because you cause harm to others. a lot of other countries around the world have mandates of one form or another. ours tends to focus on schools and on work. others, you can't go to a shop, you can't go to a museum, you can't go on an airplane, you can't get a quasson in france unless you're vaccinated. >> is it chrissont or croissant? >> it's a croissant. >> well, you're very international. so go ahead. [ laughter ] >> from the uk so it's not quite france. >> um, yeah. i think you make the point, again, these are ethical and legal dimensions. but you have the right to douse yourself in gasoline. but the police and the courts

aren't going to be okay with you doing that and then running around a place where people are smoking and hugging everyone. in other words, your own body, it could be literally on your body. but as it gets close to other people's bodies, there are public safety elements. i do want to push back on the religious point just so we understand it here because justice gorsuch wrote about this in the dissent to this. so this is the current losing side, although it may ultimately go back to the court. and he says, healthcare workers who have served on the front lines of a pandemic for the last 18 months are now being fired for adhering to their religious beliefs. what do you say to him and those workers if he makes the argument that if they have a genuine good-faith religious belief, they ought to be able to adhere to it and continue to provide healthcare. >> well, you know, healthcare workers are there to protect their patients to save their patients' lives, and also we want to save their lives.

so, if you have a healthcare worker that's unvaccinated, he or she can transmit the infection to their fellow healthcare worker. they can transmit it to a patient. i wrote an article for jama the "journal of the american medical association" talking about a wider freedom. fdr talked about that. the whole idea is that, yes, you have the freedom of your own body, but you don't have the freedom that harms other people. and we all want to be able to go to work, to school, to a hospital and feel safe. and so people have to, you know, roll up their sleeves, get a jab, be tested, wear a mask, and then we'll all be safe and we'll all be back to normal and we'll all have a greater freedom. >> professor, you're a very learned person and you've been working on these issues for many decades. thank you for joining us tonight. >> thanks, ari. coming up we have an update on an important legal story we've been following. this is a breakthrough of sorts.

it involves death row. if you've been watching "the beat" we've done more than one piece on it. that's tonight. urge you to stay with me because i want to get into it with you. also in the land of the law, supreme court weighing in on this texas effort to deputize private citizens to go after women and others over abortions. we'll get into that. and then later barack obama with a new civil rights message and a little bit of a history lesson. i promise you it's worth it. >> stay till the end for that. they were getting ready to travel to portland, maine for a pitch when their 3d-printer broke. luckily, sml is with american express business platinum, and has access to over $1000 in value per year with the business services suite. so they got new software and created a full augmented reality experience. sml won the pitch, and with their membership rewards® points, extended their hotel stay for a few extra days. they had a whale of a time. get the card built for business. by american express. ♪ ♪

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big developments on a legal story we've been reporting for you. an oklahoma parole board today recommends clemency for julius jones, a death row inmate who was convicted of murdering 45-year-old father and businessman paul howell about 20 years ago. this was a prerequisite to potential clemency. now the case goes to the governor for a final decision. but jones lawyers have argued he did not get a fair trial. we reported on this because there's a lot to it. a juror in the trial revealed another juror allegedly used a racist slur to describe jones, and there were other problems with the case. jones maintaining his innocence since he's been in prison. >> i am here today before to tell you i made many mistakes in my youth, but i did not kill mr. howell. >> all of this comes on the heels of oklahoma's first execution in six years where there were allegations of another botching even though the

pause was designed to avoid this. in that case the inmate convulsed over 20 times and vomited over what looks like a botched execution. oklahoma has had problems with the executions as well as securing whether or not there's a fair trial. we brought you mr. jones' case because of the questions surrounding it, and we will stay on the story and see what the governor decides. that's one legal update. we also have these legal challenges facing the supreme court where they've been fast-tracked the justices' hearing arguments today in that controversial and restrictive texas abortion law, which tries to ban the procedure after six weeks was also designed to circumvent the very thing that's happened in court review because it would deputize private citizens or vigilantes to go after an abortion provider. >> to allow texas' scheme to stand would provide a road map for other states to abrogate any decision of any court with which they disagree.

at issue here is nothing less than the supremacy of federal law. >> some of the conservative justices also raised questions. kavanaugh wondering if the same so-called scheme might be used to go after other bedrock constitutional rights. >> can i ask you about the implications of your position for other constitutional rights? the firearms policy coalition says, quote, this would easily become the model for suppression of other constitutional rights with second amendment rights being the most likely targets, end quote. and it could be free speech rights, it could be free exercise of religion rights, it could be second amendment rights if this position is accepted here. >> a sophisticated question there about whether this kind of plot endangers many types of constitutional rights. thanks for being here. >> thank you for having me, ari. >> what did you think of today's

arguments? >> we're all feeling a little hopeful here in texas today. today is the second-month anniversary of this law being in effect. and listening to the court's argument today, it became pretty clear that there are some valid concerns not only by the liberal justices but a couple of the conservative ones as well, that this scheme as the attorney arguing the case today is one that did intend to nullify a constitutional right and their grave concern that this could apply to other instances as well. >> yeah. as you say, and we played a little bit of that. what texas is trying to do, i think people understand that and the imposition on what is still supposed to be a right in america, and then there is the how, which seems to potentially from the line of questioning may be backfiring. a little bit more here again,

these oral arguments can be a little hard to follow. but here's kagan on a related point. take a listen. >> the fact that after, oh, these many years, some geniuses came up with a way to evade the command that the even broader principle but states are not to nullify federal constitutional rights, and to say, oh, we've never seen this before so we can't do anything about it. i guess i just don't understand the argument. >> i played that because it overlaps with what justice kavanaugh was getting at. he was saying, well, if they go after this right or choice one day, they could use the same scheme to go after gun rights. some people might hear that and they care more or less about a certain right. she's almost being the most blunt which is rare for justices in an oral argument where she's saying, are you kidding me, you think you're going to trick us, you guys are geniuses like we

can't review this? do you think that that is an element here where there might be a coalition to say, texas, you're not as smart as you think you are, or at least texas republicans. you know what i mean. >> i do. and justice kagan really pressed the solicitor general for texas on this today, asking him are you saying that if this same situation occurred with gun rights or first amendment rights that the state would have sole authority over deciding this question and that the federal courts would have no authority. and he had to answer her in the affirmative, that indeed that is what they were arguing, that states could do this and that the federal court system had no right to review any case that sought to basically take away a federal constitutional right. >> and, so, if that is where it goes in a dubious skeptical of

the court of that, then what do you see as the potential landscape in texas, the times kwo, and others have reported recently that in the short time this law has been on the books it has drastically reduced potential abortions that which otherwise individuals might choose to exercise their rights on. in other words, whether other people agree or not, it is suppose to be the law of the land that you have that right to choice. >> that's exactly right. and as justice kagan pointed out, this law has clearly had a chilling effect, not a hypothetical chilling effect, but a very clear one because doctors and other front line medical workers have been so afraid to provide abortion care for fear that they could be sued for unlimited amounts of money if they do. and though the state argued that these cases should play their way out in state court, that doctors and other medical workers should violate the law and then see where that takes them, clearly there seems to be

a majority of justices here who understand that that is not practical, that it really does nullify constitutional authority, and that it's for the federal court to review this question and to make a determination on the validity of this law. >> understood, and, wendy davis, good to see you again. thank you, as always, for being here. >> thank you, ari. >> absolutely. now you may remember four seasons total landscaping. wait till you see what they did for halloween. but first what i've been promising is now time to deliver. we have barack obama on civil rights and learning from history with a surprise. that's next.

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and save money while you're at it with special offers just for movers at xfinity.com/moving. barack obama has drawn on many influences throughout his life including evoking a confidence or swagger to dismiss attacks he faced rather than overreacting to them like a beloved moment on the campaign trail when he said he brushed off political attacks like brushing dirt off his shoulder.

>> when you're running for the presidency, then you've got to expect it. and you've just got to kind of let it -- [ cheers and applause ] you know. >> many people love that energy. some knew it was a reference to jay-z, a rapper obama liked long before he was president. >> hip-hop is not just a mirror of what is. it should also be a reflection of what can be. >> do you like hip-hop? hj of course. >> who do you like? >> you know, i got to admit lately i've been listening to a lot of jay-z, this new american gangster album. >> what do you like about it? >> it tells a story. >> and we're all telling stories. now then as president, obama didn't stop. he invoked jay-z's really inspirational civil rights vision in a speech at the

historic edmond pettis bridge. >> we honor those who walked so we could run. [ applause ] we must run so our children soar. >> >> you guys all go out and vote. get your parents, get your aunty. you going to be able to vote one day. right? this young lady right here is a perfect example why we have to vote. we have to make history happen. so that young lady there, maybe she can be president one day. you understand?

>> so that young lady can be president. that's what it felt like on the campaign trail and it's in the news now because jay-z entered the rock 'n' roll hall of fame last night and barack obama site cited both of those moments during his induction speech for one of the former president's favorite rappers. >> i've turned to jay-z's words at different points in my life. whether i was brushing dirt off my shoulder on the campaign trail, sampling his lyrics on the bridge on the 50th anniversary. so let me be one of the first to welcome hope, the kid to hof as an official rock 'n' roll hall of famer. >> obama making it official while jay-z spoke about his path from the projects to becoming a billionaire to entering the hall of fame and recounting how, how

barack obama then running for president asked for help. it turns out according to jay, obama will tell you sometimes even m.j. needs an assist. >> he called me. he said, you know, it's the fourth quarter. we're down two. i need you to assist me, give me the ball. i'm michael jordan, and i'll get this done. >> we didn't know obama refers to m.j. when he calls jay-z but they do ball hard and jay understands that energy did he say we ain't even supposed to be here, ball so hard, since we here, it's only right that we be fair, psycho, i'm liable to go michael, take your pick, jordan game six. now jay enters the rock 'n' roll hall of fame with esteemed company. the inductees included tina turner, the go goes and everything from music and culture to her environmental

advocacy on climate change, something she's out front on right now. >> we have to fight for the forest so that our -- i mean, it's already -- our grandchildren, history, so that people, it will be there for people to stand in and appreciate and take in and be part of. >> it's called the hall of fame for a reason and it's notable that so many of this year's musical and cultural leaders, it turns out when you look have spent so many years leading on policy. on values, on equal rights and civil rights. so we wanted to share that update including the words from the former president. when we come back, halloween meets four seasons total landscaping. stay with us. landscaping. stay with us this is the planning effect. as carla thinks about retirement, she'll wonder, "what if i could retire sooner?" and so she'll get some advice from fidelity, and fidelity will help her explore some different scenarios, like saving more every month. ♪♪

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that infamous messy clown car of a press conference at four seasons total landscaing seems to take the cake for many and it was for a kind of mistake that captured the legal dead end he was in. it seemed they wanted to be at the four seasons hotel but ended up there. well, for halloween, the actual four seasons total landscaping is in on the joke. this is real what i'm showing you. the entire, you know, place, quote unquote dressed up as it were right here as if it were a four seasons hotel. the original giuliani event was wild and by the way, you can learn a lot more about it and the family behind that business in four seasons total documentary airing this sunday at 10:00 p.m. eastern here on msnbc. consider that a programming announcement and a little bit of halloween update. now, there is one more thing i want to share with you. you know, you can always catch

us here on "the beat" at 6:00 p.m. eastern but sometimes there is more than we can fit into this hour and we have a lot of great guests, ideas and things that come up and we continue to conversation with you and our favorites online. check it out. >> oh my god, what time is it? >> time to do the interview. put your phone down. >> he's a desperate man. >> michael and ari, like roger and me. >> what do you got? >> i'm at the emmies waiting to hear. >> what we need most is not ideology, it's evidence. >> this is fish. and that's chips. >> when are you going to call me? >> this week. >> okay. >> okay. >> shoutout to dr. ruth and everybody else. we call it "the beat after hours." you can always find us on social media at the beat with ari. you can check in and it's a way

we do stuff at that time not as formal as the news thing. we're gearing up for the election. keep it hear. "the reidout" with joy reid is next. >> it's a moment a movement and a vibe. >> a vibe. >> have a great evening. good evening, everyone. we have a lot to get to including stunning details from a washington post investigation of the january 6th insurrection. plus we are hours away from polls opening in virginia. glenn youngkin continues about critical race theory coming for your children. today was the first hit in what could be a one-two punch during the supreme court term as the right wing dominated high court heard challenges to the most restrictive abortion law in texas. the justices