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tv   The News With Shepard Smith  CNBC  November 9, 2021 7:00pm-8:00pm EST

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congratulations to you, larry culp you save the company and while we miss the ge name, the division themselves with the house dievided which could not stand. i promise to find it tomorrow. "the news with shepard smith" starts now >> grieving family, lawsuits and prayers for a 9-year-old victim, the expanding investigation of the astroworld tragedy i'm shepard smith. this is "the news" on cnbc >> help, help! >> people in critical condition fighting for their lives the concert tragedy that killed eight, now being investigated by the fbi. one of the charges against the kenosha shooter, kyle rittenhouse, thrown out by the judge as -- >> the state formally rests its case new subpoenas issued in the
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insurrection probe as the former president's attempt to block records is rejected by a federal court. ivf nightmare. >> the heartbreak and confusion cannot be understated. >> reporter: a family sues their fertility clinic after giving birth to the wrong baby. >> we missed an entire year of our daughter's life. congress mandates new tech to stop drunk driving. fast food workers hit the picket lines. and the new danger lurking in your kitchen cabinet. >> live from cnbc, the facts, the truth, "the news with shepard smith. >> good evening, now the fbi joining the criminal investigation into the deadly crowd surge that killed eight people at the astroworld music festival take a look at these new images from the scene of the disaster, just today attorneys who filed new lawsuits say they took them they were able to inspect the
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site hours ago could you see piles of abandoned shoes and clothes and personal belongings left behind after the deadly crush tonight, a 9-year-old boy is in a medically induced coma and fighting for his life, say doctors. his name is ezra blount. ezra's family tells nbc news the boy was on his father's shoulders during the concert when concertgoers started manufacture getting close, dad lost consciousness the family called different hospitals. when you finally found ezra, what was the diagnosis >> that we severe swelling to his brain and he had cardiac arrest the doctor the first day told us that he wasn't expected to make it after the day, but it's how many days after so i know he's fighting in there and his grandma is, we're all praying.
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>> one story among so many lawsuits continue to pile up against astroworld organizers and travis scott, who was performing as the disaster unfolded at least 18 civil suits now filed. nbc's jay gray is live in houston on our top story tonight. jay? >> reporter: the investigation here houston police continuing to interview witnesses and go through what are hours of videotape. they haven't given any update about the investigation. the last time they answered questions was saturday the chief posted a statement they said any information will come through their twitter account. firefighters here in houston they are talking the chief of police talking today on the "today" show and then later in the day, during an interview with cnn, he acknowledged that his firefighters that were staged outside of the venue had no
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radio contact with emergency medical teams hired by the venue that were inside those seconds, those minutes do matter, according to emts we've talked with and they didn't have any communication. the firefighters ultimately rushing in and doing what they can there. we also know today that the security plan mapped out before the festival began, 56 pages in all had not one single page dealing with crowd surge, even though that has been an issue at travis scott concerts for years. you talked about the lawyers going inside the venue today, getting their first look on the way out, they did again say that scott does bear some blame in this, because he didn't stop the show. again, they're suing mostly for negligence, and again for inciting violence inside the concert venue. shep, a lot to work through. >> jay gray live on scene, thank you. the man who chaised down
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ahmaud arbery said he would have shot at arbery himself, that's what he told an officer who responded to that scene according to a transcript of body cam video read in court today. february last year, greg mcmichael and his son, travis, chased arbery in their pickup truck while he was out jogging near his home because they say they suspected him of burglary it was travis who killed arbery with a shotgun but his father said in the moments right after, he would have done it himself. listen >> to be perfectly honest with you, if i could have got a shot at the guy, i'd have shot him himself because he was that violent a, and then we were interrupted again. >> the officer testified their interview kept getting interrupted by people approaching the crime scene. nbc news ron allen covering the trial in brunswick, georgia, tonight. ron? >> reporter: good evening, shep. yes, the prosecutors are trying to convince the jury that arbery was an innocent man gunned down intentionally and deliberately
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while the defense is saying he was a suspicious character in a neighborhood on edge because of a spike in crime and today there was a lot of questioning of police officers who interviewed the defendants at the scene. the defendants maintain they were even trying to make a citizens arest and detain arbery here's how a prosecutor questioned one of the police officers who interviewed the defendant, william bryant. listen >> did greg mcmichael ever use the word burglary? >> no ma'am. >> did he use trespass >> no ma'am. >> did he ever say he was attempting to make a citizens arrest >> no ma'am. >> did he ever use the word arrest >> no ma'am. >> reporter: it was a con contentious and emotional day. at one point the jhung rep reprimanded saying be professional in the courtroom. arbery's family is there every day watching and listening, hoping for justice here's a reflection that arbery's mother had after court. take a listen. >> it was very saddening, knowing that my son had just
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entered that same property minutes before and then another guy came by this georgia power utility truck and went into that same property and that gentleman is still now alive today and my son is deceased. >> reporter: it's an open property under construction and the bottom line is for the arberys, arbery's family it's very difficult every day to be in court we expect more of a pitch battle again tomorrow between prosecutors and the defense as they try to paint this conflicting picture of why ahmaud arbery was shot and killed on the streets. >> ron allen at the courthouse, thanks legal analysis in a moment dale seven of kyle rittenhouse murder trial, the 18-year-old charged with killing two people and wounding another last year in a demonstration in ken kenosha, wisconsin its prosecution's last witness a
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forensic pathologist, supported the argument that rittenhouse did not feel threatened when he killed two people that night the doctor told jurors joseph rosenbaum, the first victim was falling or horizontal to the ground when the last two of four shots were fired, suggesting he wasn't a threat. >> the only way that the trajectories of the gunshot wounds to the right side of the head and the back make sense is if he's more horizontal to the ground and that is occurring at the time that the last two gunshot wounds are heard on the video. >> but some of the prosecution's other witnesses have seen to bolster the defense's argument that rittenhouse was acting in self-defense one testifying he saw rosenbaum lunge and another say rosenbaum was acting erratically nbc's gabe gutierrez, what can
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we expect? >> reporter: we're expecting to hear from an expert breaking down the time line of events here in this case as well as from an ex-police officer who might testify about the chaotic situation that night we heard today in court that she actually has covid and will likely testify virtually, but today the defense called its first witness, a man who says he went to the location of the demonstrations that night to help the owners of a car dealership protect that building and he says that he saw rittenhouse shortly after the gunfire. >> he repeats "i just shot someone" over and over and i believe at some point he did say we to shoot someone. >> now we expect the defense to keep making the argument that rittenhouse only fired on people who either confronted him or attacked him or lunged at him in some way but shep, another point today, the judge actually
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dismissed one of the seven charges against rittenhouse, a curfew violation because he said that the defense didn't -- excuse me, the prosecution didn't adequately address it during its presentation. again, testimony resumes for the defense tomorrow, shep >> gabe gutierrez at the courthouse, thanks for legal analysis on both cases, david henderson's here, civil rights attorney, cnbc contributor. david, to the defense, working to establish a narrative about rittenhouse's actions, how are they doing so far? >> shep, they're being surprisingly effective develop a trial strategy this was an issue from the beginning of the case because you virtually have to put the police on trial because they knew rittenhouse was there and didn't say anything. they make it seem like there was a chaotic scene, a lot of confusion going on and rittenhouse got caught up with it i think they're doing an effective job.
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>> would you advise rittenhouse to take the stand? >> normally that's what i say. if you're going into court and say you shot someone, you didn't want to or mean to, you have to explain that to the jury but if you look, in order to develop the argument for self-defense, you have to acknowledge rittenhouse did the shooting and the defense has developed that so well thus far i think it's a gamble whether or not they're going to put him on the stand. the only thing he can do to add to that, come across child-like on the stand as he does in the courtroom, that helps the defense more at this point they don't have to put him on the stand >> on the ahmaud arbery murder trial, we heard the georgia police officer's testimony that the defendant, mcmichael, never used the words "arrest, detain or stress mass." remember the case they were trying to make he was making a citizens arrest. does the lack of the statements, what does that do? >> it puts in context, shep, that's not what was on their mind you got to remember, trial work
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is storytelling and they have to develop this the reason police officers first wanted to carry body cameras was to collect evidence at the scene, when emotions are still high and people aren't thinking about what they were saying. when the mcmichaels weren't think being what they were saying they never mentioned anything about a citizen's arrest that's the point to be made. >> david henderson, thank you, sir. another big batch of subpoenas issued the investigation into the january 6th insurrection is intensifying tonight the new demand for testimony and what it reveals about the probe's focus. vaccination boosters for all adults pfizer officially asks for the green light from the fda, the impact on millions and millions, if the move is approved. and the race for governor in new jersey was much closer than the polls predicted. meet the pollster apologizing to both candidates for getting it so wrong
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learn how abbvie could help you save. covid watch and pfizer just officially asked the fda to authorize its booster shot for all u.s. adults. if the agency signs off, millions more americans would become eligible for an extra dose in the coming weeks right now, pfizer's booster is approved for only people 65 and older, and those who are at high risk of severe disease source tells our cnbc's meg terrell that moderna may also ask the fda to expand its booster authorization to include all adults but it's unclear exactly when that request could happen pennsylvania is preparing to lift its mask mandate for k through 12 schools the governor there says schools can implement their own safety measures starting in january one note of concern to mention on this subject, it appears
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covid cases in the united states are now plateauing, after two months of steady declines, look at this, here's a new infections look since july, daily cases have been hovering around 72,000 for the past couple of weeks there at the right end of the chart. some health experts at johns hopkins warn the trend could be an early sign of another winter spike. for the second straight day, the january 6th committee investigating the insurrection at the capitol issued a fresh batch of subpoenas some of the biggest names from former president trump's inner circle on the list, kayleigh mcenany and stephen miller mcenany was reportedly with mr. trump as he watch at tack unfold on television and investigators say miller played a key role in pushing state legislatures to overturn the election results.
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nbc's sahil kapur, these are among those in close contact with president trump january 6th and on the days leading to it. >> reporter: that's exactly right, shep. this investigation is certainly heating up these are ten people served with subpoenas today, all of whom worked in the white house and all of whom one member of the committee, jamie raskin describes as super spreaders of disinformation that led to the disunion you mengsded stephen miller, controversial former adviser to donald trump the committee says he encouraged states to change the result of the 2020 pointing an alternate slate of electors and helped prepare remarks at the day of the ellipse that led to the mob attacking the capitol. kayleigh mcenany made false allegations of fraud and they argue they thank contributed to that that she was with the
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president on the day of january ofth, they want to develop what happened donald trump responded to the latest round of subpoenas and called the events of january 6th a pro test not a riot and says the real insurrection what happened election day november 3rd, 2020, to put it bluntly an alternate reality from the facts of at ground the fact he's not willing to acknowledge he lost the election is in the eyes of the committee more to continue the justification and get to the facts. >> late yesterday a federal judge blocked trump's request to prevent the archives from releasing documents to the january 6 committee. where does that stand now? >> this is pending the judge said it was premature to grant former president trump's request to dismiss it at this point, the judge will rule expeditiously on the facts of the case and this will be a significant test of a former president's power to exert executive privilege and prevent documents that the u.s. house of representatives is requesting in
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this case, of course donald trump, shep. >> sahil, thank you. a capitol riot suspect on the fbi's most wanted list has turned up in belarus and seeking political asylum there the fugitive's name is evan newman, from california. here he is during an interview with state media in belarus. newman claims he's innocent and the victim of political persecution, facing some serious charges back here at home, the feds say this man newman assaulted police officers and violently stormed the capitol during the insurrection. these are images of newman from a police body cam video on january 6th. newman told a reporter in belarus he left the u.s. in march and was hiding out in ukraine until he discovered he was under surveillance so he escaped to belarus on foot through swamps the president of belarus is a notorious strongman and ally of vladimir putin alexander luke shen dough has
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publicly criticized the united states for prosecuting january 6th insurrectionists climate change, too often just talk of gloom and doom, right? but tonight, a solution? one that literally buries the problem. and a new chapter for general electric, well, three really what the future holds r foone of america's oldest companies we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most.
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global temperatures will rise even if every country meets its carbon emissions goal, according to a daning new report from climate action tracker. scientists say global temperatures are expected to increase by more than 4 degrees fahrenheit by the end of the decade that would far exceed the 2.7 percentage point goal set at the paris climate agreement back in 2015 >> not a single country has short term policies in place to put itself on track towards its own net zero target. right now the net zero targets are a good vision, imagination, but they have to be backed by action >> but one startup is stepping up by using new technology to tackle climate change. in glasgow, here's diana olick >> reporter: america's abundant farmland is a great absorber of carbon all the plants pulling it in but when the plants die or are harvested that carbon is
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released into the atmosphere >> it's both a sink and emitter. >> reporter: peter is ceo of charm industrial, it gathers up all the harmful waste like these almond shells, grinds it all up and boils it into an oil and shoots that oil deep underneath so the carbon can't be released. >> so we can capture some of that co2 before it gets reemitted and put it underground so that it reduces the fossil emissions that are still happening around us. >> reporter: reinhardt says charm completed 5,000 tons of carbon removal so far this year and claims that's the most ever captured in that short of a time he's here at cop26 meeting with industry and government leaders as well as customers, where better than at a scottish sheep farm >> we're focused changing the narrative to delivery but we need to scale up demand and
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supply and say there's a lot to figure out >> reporter: charm's customers include microsoft, shopify, square and stripe. stripe's director of climate says it's looking to the fastest carbon solutions because its customers, the financial services sector are most vuln vulnerable >> climate change is one of the biggest threats to economic growth so we care how we can do our part and use the place that we live in the ecosystem with the 2 million businesses we work with to accelerate solutions >> reporter: the carbon credit markets ramp up it's innovation that stands to make big green in a green economy. >> thanks. a major push for autonomous driving technology, what congress will now require automakers to do to stop drunk driving. plus -- >> america needs a new narrative. i think we can agree on that
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>> math miu mcconaughey speaking for a potential run for governor in texas what he told our andrew ross sorkin today a major health system in america facing one of its biggest strikes in years pharmacists already warning of impacts to come. the labor battle, as we approach the bottom of the hour and the top of the news on cnbc. but it's all about the baby steps. maybe it's a jump or eating something green. or taking mom to get that vaccine. ♪ healthier means bringing stuff to the folks ♪ ♪ that really need it. ♪ ♪ like help at 2 am or care that's right at home. ♪ ♪ believe it. ♪ ♪ and caring for them all means ♪ ♪ we're doing healthier right. ♪ ♪ so, let's do it all together people, ♪ ♪ 'cause this is what healthier looks like. ♪
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month you it daleiss of $1.2 trillion bipartisan infrastructure package besides fixing roads and building bridges it includes an effort to crack down on drunk driving. under the legislation automakers must install technology that can detect and stop drunk drivers. this new rule they tell us could go into effect as early as 2026, according to the national highway traffic safety administration around 10,000 people are killed due to alcohol-related crashes each year, nearly 30% of all traffic fatalities phil lebeau covers travel and transportation for us. how would this work? we're not talking breathle lyzers in cars, right? >> no, i don't think anybody's advocating for that. sensors could detect breath, touch sensors, the cameras that stare at the driver and assist in so many vehicles could be measuring whether your pupils are dilated to a certain amount and then the vehicle could perhaps move into the next mode
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of determining whether or not you're under the influence the good thing for the auto industry is that they've got time to come up with this technology and it's going to take time to make this system not intrusive for people who want to get into their vehicle and drive. >> americans are skeptical of autonomous driving >> sure. >> reporter: the carmakers on board? is there concern about a back lash >> there will be a backlash if this is not a system where you can't get in your vehicle and drive right away if you have to blow into a breathalizer, there would be huge backlash. the public fights back mandatory use of seat belts. i know people frustrated they have to put on a seat belt in the vehicle. the auto industry will make this happen but it takes time because they don't want this to be on truive for the people driving. >> phil lebeau, thank you. an american icon splits up
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and that's what's topping cnbc's "on the money. general electric announcing plans to form three public companies, one focusing on aviation, another on health care, and a third on energy. ge says it will spin off the health care divisionin '23 and the energy division in '24 the current ge to focus on aviation peloton expanding the product line beyond cardio, launching its first strength training device, called the peloton guide. costs less than 500 bucks. the camera plugs into the tv and guides you through exercises an iconic apple product up for auction, it's one of the few remaining apple i computers, the company's first product. it's expected to fetch as much as $600,000. in 2014, a new york auction house sold an apple one unit for about $905,000
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on wall street the dow snaps a winning streak, down 112 today. s&p down 16, the nasdaq down 96. i'm shepard smith. on cnbc, it's the bottom of the hour, time for the top of the news the polls wrong again. meet the pollster now apologizing for his miss in new jersey is it time to end election polling all together a couple gives birth to the wrong baby the parents suing after a nightmare ivf mixup. but first, strike wave, more american workers walking off the job. >> this time it's fast food employees in california. they're demanding better working conditions, higher pay and fewer hours. the walk-off comes during a series of worker movements across the nation. tens of thousands of americans are already striking or tlning
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to strike across industries. thousands of john deere drivers are off the job, a thousand kellogg's employees walked off and next week tens of thousands of health care workers at kaiser permanente are threatening to strike themselves, similar demands, better pay, better working conditions in a moment bertha coombs on the looming health care strike but first cnbc's kate rogers in san francisco on the fast food walkout today. >> fast food workers across california walked off the job to protest poor working conditions, faced a lack of store safety, wage theft, sexual harassment and retaliation and more the group led by national ohhers fight for 15 hopes today's strike will press the legislature in california to support the passage of a bill they say would give them a voice to help set policy for the fast
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food country ab5257 would hold companies accountable, up for a vote in january. in buffalo, new york, works at starbucks are pushing to unionize with three stores set to vote this month on organizing if successful this would be the first union formed at starbucks in the u.s workers in support are speaking out about pandemic working conditions >> we weren't being given additional workers to help sanitize the cafes to help implement mask mandates for customers when those were in effect we were having to make drinks at record-breaking speed. >> reporter: ballots were set to be mailed out tomorrow starbucks asked for a stay in mailing out the ballots. workers in three more stores petitioned to organize and the company sought one market-wide vote saying all workers deserve a voice. ceo kevin johnson said he doesn't believe it's in the best interest to put a third party in between their relationship >> kate rogers, thanks roughly 32,000 health care
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workers at kaiser permanente say they're ready to walk off the job next week, it could affect hundreds of hospitals and pharmacies in california, oregon, washington and hawaii. kaiser officials say they have a contingency plan in place to deal with possible worker shortages. bertha coombs is tracking that for us tonight bertha >> chuck, kaiser permanente touts itself as the biggest union employer 700 engineers have been on strike in northern california for more than two months it warned patients to renew prestrixs ahead of this weekend because pharmacists could walk out monday joining more than 30,000 nurses and health care profe professionals. there have been more than three dozen strikes at health care facilities across the country
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this year, some during the delta covid surge in the summer according to the cornell university institute of labor relations. a strike at kaiser would be the biggest by far, offering workers 2% annual raises along with a 2% bonus every year for four years. the nurses union says the deal comes with a patch paying new employees 15% less kaiser says that lower wage is necessary to bring down hospital costs. cornell labor relations professor kate says two-tiered weight is common in the '80s and caused more headaches. >> they end up backfiring we've seen this historically in the airline industry, in manufacturing. when do you two-tiered wages and benefits, you hurt moral e and quality and that causes more costs for employers. >> kaiser hasn't talked about canceling any procedures yet and
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says it has contingency plans in place but shep, if 30,000 workers go on strike on monday, that is a major disruption >> how could it not be bertha coombs, thank you the vote, the republican jack ciatttarelli still not conceding in new jersey's governor's race. according to his campaign, it may consider filing for a recount. the governor phil murphy won last week's election by three points, only about 70,000 votes separated the two. the race much closer than the polls suggested. monmouth's university had murphy ahead by 11 points well outside the margin of error. the day after the race echoes of 2016, how could it be the polls were so wrong again? this time the director of monmouth's polling is taking responsibility patrick murray writing in an op-ed "i blew it
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the final monmouth university poll margin did not provide an accurate picture of the state of the governor's race. so if you are a republican who believes the polls cost r ciatttarelli an upset victory, feel free to vent. patrick murray is director of the polling institute. thank you. when you saw the results coming in on election night, so much closer than the polls, what was going through your mind? >> i was somewhat shocked because we have a pretty strong track record in our polling. we had to look at what was going on i looked at it in 2016, we had some fixes, 2017, 2018, the polls were fine and we had that miss in 2020 again and the
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question is not whether polls quarterback right all the time they never can, particularly election polls because election polls are kind of guesses of an event that hasn't happened yesterday. >> i could do my own guessing. why do i need you at all >> right, so the question is, i'm taking a look at what have we contributed to the dialogue we ask a lot of questions in our polls about opinion of the candidates, about what issues are important to people, about the mood of the electorate but that gets swamped out by the horse race, who is ahead and behind by how many points. we feed to the media if we didn't use that question, if we didn't report that question at all and just reported all the other stuff that we had, indicated that phil murphy was above 50% in job approval rating but not by much the issue situation was shifting as it had in virginia that that could be an indicator. that probably wouldn't give people a better picture of what was going on and maybe that's
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what we should focus on. those are the areas polling works well >> after the 2016 thing and especially 2020 but after the 2016 thing, in my previous job on my previous program i stopped reporting on the horse race numbers. we didn't do them for years because we didn't know whether to trust them. t the issues matters what is your job approval? those things seemed worthwhile but this horse race thing, should we all get together as the chattering class and say we're just not going to do this anymore because clearly it's not working? monmouth is very good and monmouth was terrible in new jersey >> right i agree with you i think we need to take responsibility of what we contribute >> what do you say, you're not going to report the horse race numbers anymore? >> whether i ask them or report them >> whether you report them >> i think that's something that i'm really looking at seriously
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going forward. basically you throw down a challenge to the media saying here we have the candidates and approval ratings and top issues the voters tell us they're concerned about, what their mood is, what they think of the candidates when you report the numbers in the same way you report the horse race margin that seems to galvanize people around the sensational part of the election >> okay, how about this. as the one who does the reporting to the people, i'll report those issues if you'll say all right, we're not giving out the horse race anymore and convince the rest to do the same we'd be better off without it, it feels like to me. >> i think i'm inclined to take that up with you, shep >> i'm on board. you'll have to call the rest i don't avery their numbers. that's the problem trying to get everybody else on board but i can only do what i'm responsible for and i think try to set an example. >> one thing all of us can do is when we fail, admit it and try to figure out why and you did that and i loved it and that's why we had you on. thank you for coming
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appreciate your time and all the great work that your folks at monmouth do. >> i appreciate it, thanks a lot. >> all right here's a political question. does matthew mcconaughey want to be the next governor of texas? maybe he does. the actor and author told our andrew ross sorkin today he still is measuring whether he wants to venture into what he calls the great art of american politics >> america needs a new narrative. i think we can all agree on that we need to write the new lyrics we write and agree on those going forward so we need the storyteller. we're not much for legislation as i am for choice does that transfer to politics where you've got to administer, you're the ceo >> does it he admits he has a lot of questions about politics in general but he also says he's not just being a tease here when he refuses to comment either way. >> i'm studying trying to study what politics is, democracy is and can be, where we got off
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track, where are there ways to get back on track and asking myself how can i be most useful to the most amount of people but also to my family and to myself. >> sorkin also asked mcconaughey about vaccine mandates and vaccinating his own kids here's what he said. >> right now i'm not vaccinating mines. i'll tell you that >> you're not? >> i'm not vaccinating mine. i've been vaccinated my wife's been vaccinated. i couldn't mandate having to vaccinate younger kids i still want to find out more information. >> there's more to that, though, because he later clarified those comments by saying he was talking about only kids under the age of 12. remember, u.s. regulators just authorized covid vaccines for 5 to 11-year-olds just last week remember, in a not so scientific poll he's got some good numbers in texas a consumer alert, be careful what you're using to spice up your food. tonight, the new and frankly concerning findings from
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consumer reports and a mother giving birth to another woman's baby the mixup now the center of a wst,owt ppednext ♪♪♪ ♪♪♪ if your dry eye symptoms keep coming back, what?! no! over the counter eye drops typically work by lubricating the eyes and may provide temporary relief. xiidra works differently, targeting inflammation that can cause dry eye disease. it can provide lasting relief. xiidra is the only fda-approved non-steroid eye drop specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you are allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra wait 15 minutes
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a couple in california is suing a fertility clinic over what they're calling a nightmare ivf mixup. the mother gave birth to another woman's baby and the other woman gave birth to herbs. the couples accusing their doctor of swapping her embryo with a complete stranger's during an ivf procedure. here's nbc's stephanie gosk. >> for one california couple a life-changing mistake altered their dream of having a child. >> it's truly impossible nightmare. >> reporter: she carried a child via ivf to term. she and her husband raising a baby girl for months only to discover the child was a different race and genetically unrelated to them. >> heartbreak and confusion
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cannot be understated. >> reporter: unable to conceive their second child on their own, the couple turned to the california center for reproductive health to freeze their embryos and get inveto fertilization. following one unsuccessful try the procedure worked >> i'm settled and down. my life is perfect >> reporter: after birth, the couple began suspecting the child may not be theirs. >> the moment our second daughter was born should have been among the happiest of my life but i immediately felt she di didn't, confused as to why i didn't recognize her >> reporter: they ordered a dna test confirming their worst fears. >> the child was not related to da daphne >> i breast fed a child i was
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forced to give away. >> reporter: both couples later went to court and legally exchanged children but could not get the time back. >> we missed an entire year of our daughter's life. >> reporter: the cardinales filing a lawsuit against the center and the doctor involved the defendants did not immediately respond to our request for comment calling it a traumatic experience, the cardinales are now healing and working to bond with their biological child for "the news" i'm stephanie gosk just in time for the holidays a warning about the spices in your food, consumer reports is out with a new report today, it outlines spaces that may contain dangerous metals it looked into more than a dozen types of popular spices like basil and chili powder from a range of different brands. the results about a third of the samples contained concerning or dangerous level of heavy metals. cnbc's valerie castro dug into
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the report for us. >> the experts say what was disconterting there was no one brand that stood out as safe and it didn't matter if the spices were organic in 31 products the levels exceeded the recommended allowance for one day. ground ginger and paceily were the second worst after thyme and oregano. those spices are grown and imported in large quantities why they may account for highest levels and grown in areas where heavy metal are abundant easing and using them occasionally throughout the week is probably not going to harm you. combined with other sources of exposure in things such as your water and other foods the amount of heavy metals you might be ingesting could be higher than you think. it's most dangerous for
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children, heavy metals can affect their cognitive development. >> heavy metals cannot easily be cleared or metabolized by the body they stay in you, they're the type of almost a forever chemical 'bad for adults but it's really not good for kids. and babies and very young children with developing brains. >> if you want to be on the safe side "consumer reports" recommends checking your spice rack against their findings, throw out egg anything with a red warning and stock up with those with the green checkmark the industry is mostly self-regulated the fda focuses testing on bacteria like salmonella rather than heavy metals. >> just beans straight out of the ground have you watched the nba lately seems to be something going on with three-pointers. players have a theory and something to blame
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and a sight we haven't seen in nearly 100 years. the once in a life time opportunity at the tomb of the unknown soldier. but first, sad news out of hollywood tonight. dean stockwell has died. he was best known for his role as al from "quantum leap" always a cigar in hand. he also had a recurring role in "battle star gallactica" and "jag." "married to the mob. he started in the 940s acting alongside frank sinatra and gene kelly. more than 200 film and television credits dean stockwell died on sunday, he was 85. at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when
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it departs... being first on the scene when every second counts... or teaching biology without a lab. we are the leader in 5g and a partner who delivers exceptional customer support and 5g included in every plan. so, you get it all, without trade-offs. unconventional thinking, it's better for business. ♪ [laughing and giggling] (woman) hey dad. miss us? (vo) reflect on the past, celebrate the future. season's greetings from audi. every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile.
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you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities.
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the holiday season is coming and americans expected to spend billions of gifts. with more shopping online counterfeit goods are a growing problem. last month customs and border protection agents in baltimore announced they intercepted shipments filled with knockoff items including toxic toys nbc's investigative and consumer correspondent vicky nguyen traveled to a cohvert warehouse where millions of items are inspected before they're sold. >> reporter: federal investigators break open a cargo container suspected of carrying counterfit goods at the port of new york and new jersey. customs border protection using intel to intercept the items before they enter the market it's one of thousands of co containers arriving daily at this u.s. port packed with smartphones, toys and decorations, authorities trying to stop counterfeits before they're bought by consumers worried about the supply chain
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and bottlenecks at our nation's ports. some of these containers are hiding a treasure trove of fake goods, cheaply made items designed to look authentic, sometimes they're dangerous. in order to prevent the counterfeit goods from thaekmakg their way to uofficers bring the items to this warehouse. we can't tell you where it is but this is where officers inspect the goods to make sure they're legitimate and safe. with me is assistant port director ed fox. talk to me about why it's so important to protect consumers from fake goods? >> the mission is to protect the american public from all threats. one of the threats is the threats posed by counterfeit goods that can be dangerous and lethal to the american consumer. >> reporter: last year cvp stopped more than 26,000 shipments of illegal products with a retail value of $1.3 billion. the labeling looks legitimate. >> it's a counterfeit ul label
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documented cases of these type of lights bursting into flames >> reporter: the consumer product safety commission is here, too, looking at kids' products >> we're here every day and that is our job, protecting kids. >> reporter: ariel silverman is a compliance investigator and says an ongoing threat, toxic levels of lead and chemicals often found in children's clothes and dolls. >> we always looks at dolls. >> reporter: the knockoff dolls tested positive for high levels of phthalates, used to make plastic soft and flexible. some phthalates can affect development and the reproductive system you can take a doll out of the cargo container box, get a quick reading here and know if it contains harmful chelle cams >> within minutes. it is very high. >> reporter: even children's clothing can be harmful. this looks super cute, doesn't look dangerous but you tested it for lead >> we did. if you test these pearlescent
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part legal is 100 parts per million testing came over 3,000 parts her million so it's 30 times the legal limit. >> reporter: buying counterfeit items goes beyond fake or dangerous products homeland security investigations says the money often funds terrorism, human trafficking and major criminal organizations >> counterfeit something a multibillion-dollar industry >> reporter: from origin to final destination jason's team investigates the cargo found by cvp. when people think of it as a victimless crime what do you say? >>er t i'm going to give them m credit card number and name and now i possibly have identity fraud. >> reporter: don't let counterfeits ruin your holiday buy from reputable stores and websites when online, make sure the company has a real address and
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phone number and if the price is too good to be true, that's a red flag >> we want to you get a good deal but we don't want to you get an inferiorproduct >> reporter: or perhaps one that might be unsafe. >> absolutely. >> shep, are you ready for the top three items seized by customs and border protection. handbags, clothes and jewelry, every single year. it may be tempting to get those things at 80% or 90% off retail prices but just remember, all of that money is funneled back to organized crime, things like terrorism, human trafficking everything we just showed you, it gets incinerated. they destroy all of that think about that bon fire. shep >> vicky nguyen, thank you for the first time in nearly a century the public is allowed to approach the tomb of the unknown soldier in arlington national cemetery. usually only the sentinel standing guard or presidents or dignitaries are allowed. this two-day event held in honor
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of the tomb's 100th anniversary on thursday, so far more than 12,000 people signed up to lay flowers. tickets must be reserved online in advance the tomb was originally the final resting place of an unidentified u.s. soldier killed during world war i since then, it served as a symbolic grave for undocumented or i should say unidentified or unlocated american fighters. across the nba, offenses are in a bit of a funk this season the league's overall shooting percentage is way down and teams are scoring fewer points some of basketball's biggest stars now seem to be missing routine shots. so what's behind the drought some players claim it's the new ball they say it doesn't have the same feel and grip as the old one. here's the l.a. clippers star forward, paul george >> it's a different basketball it don't have the same touch and softness that the spaulding ball had.
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you'll see this year it will be a lot of bad misses. >> spalding made the efishl game ball for the last 38 years but the league signed a new deal with wilson for this season. wilson officials say their ball is made with the same materials and exact same specs as the spalding ball. 40 seconds left on a race to the finish, pfizer asking the fda to authorize covid booster shot for all adults. for the second day in a row the committee vetting the insurrection issued subpoenas including on the list the former white house press secretary kayleigh mcenany and former president trump's senior adviser stephen miller now you know the news of this tuesday, november the 9th, 2021. i'm shepard smith. hope to see you right back here tomorrow night tools and a personalized plan that helps you build a future for those you love. vanguard.
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become an owner. to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go.
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at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. vanguard. >> welcome to the shark tank, where entrepreneurs seeking an investment will face these sharks. if they hear a great idea, they'll invest their own money or fight each other for a deal. this is "shark tank." ♪♪ (cattle lowing) my name is dan holtz. and i'm liz holtz, and we live in warren, vermont. and we're the founders of liz lovely cookies. ♪♪ (dan) liz lovely cookies are all-natural, gourmet, vegan, gluten-free cookies. they're the best you're ever gonna taste. dan and i are high school sweethearts. we've been together almost 20 years.

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