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PoliticsNation, Wednesday, October 15th, 2014

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POLITICS NATION
October 15, 2014

Guest: Natalie Azar; Seema Yasmin; Corey Hebert, Abby Huntsman, Jimmy
Williams, Tara Dowdell


REVEREND AL SHARPTON, MSNBC ANCHOR: Breaking news on Ebola in America.
The second nurse diagnosed with Ebola is now on a plane at the Dallas
airport. She will soon head to the Emory University hospital in Atlanta.
Officials have identified her as Amber Vinson, the 29-year-old nurse was
part of the team that cared for the late Thomas Eric Duncan. Now, the CDC
is contacting 132 passengers who were on a flight with her just two days
ago.

Here is what we know right now. President Obama canceled a fundraising
trip and health an unscheduled meeting with health and national security
cabinet members coordinating the government`s response to Ebola, saying the
U.S. can contain the virus.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: If we do these protocols
properly, if we follow the stems that we get the information out, then the
likelihood of widespread Ebola outbreak in this country are very, very low.

I want people to understand the dangers of you contracting Ebola, the
dangers of a serious outbreak are extraordinarily low. But we are taking
this very seriously at the highest levels of government.

(END VIDEO CLIP)

SHARPTON: This afternoon, crews began the process of disinfecting the
inside of Vinson`s apartment. They cleaned the outside this morning. And
in Cleveland, crews isolated and cleaned the commercial airline Vinson flew
on. Vinson was on a flight from Dallas to Cleveland on October 10th to
plan a wedding and visit family. And then flew back to Dallas two days
ago. One day before being diagnosed with Ebola. Though she did have a
temperature of 99.5, the CDC director says she should not have been on
either of those flights.

(BEGIN VIDEO CLIP)

DR. TOM FRIEDEN, CDC DIRECTOR: Because at that point, she was in a group
of individuals known to have exposure to Ebola, she should not have
traveled on a commercial airline. Should not have traveled, should not
have been allowed to travel by plane or any public transport by virtue of
the fact that she was in an exposed group.

(END VIDEO CLIP)

SHARPTON: But she did travel. And health officials are now seeking 132
people on board. The questions now, was anyone on those flights exposed to
Ebola? And do officials now have this under control?

Gabe Gutierrez is outside the hospital in Atlanta and Craig Melvin outside
the hospital in Dallas. But we start in Atlanta.

Gabe, the patient is on the way to Atlanta. How are they preparing?

GABE GUTIERREZ, NBC NEWS CORRESPONDENT: Hey there, Al. We`re expecting
that patient in a little over two hours here at Emory university hospital.
It is about a two-hour flight from Dallas Love Field here to the Atlanta
area. The patient is, we`re told, is expected to arrive at the PDK
airport, that is different than the previous patients that have come to
Emory University hospital. They went to (INAUDIBLE) reserve base. This
airport is about 15 minutes or so from the hospital. The patient will then
be transported here to Emory University hospital.

Now Emory, as you know, has been very busy over the last couple months and
they have a lot of experience in this. They`re one of four isolation
units. The one here at Emory is one of four throughout the country. And
they`ve treated three Ebola patients so far. However, all of them had been
flown from West Africa. So this would be the first patient infected here
in the U.S. that would come to Emory University hospital.

Those patients were Dr. Kent Brantly, Nancy Writebol and an unidentified
third patient which continues to recover here at Emory University hospital.
So they`re very used to dealing with this. They have been very well
renowned for dealing with this Ebola patients. But again we`re expecting
this patient who is now coming from Dallas to arrive here sometime after
8:00 -- Al.

SHARPTON: Thank you, Gabe Gutierrez, for that information.

Now let`s turn to NBC`s Craig Melvin in Dallas.

Craig, Dallas county judge Clay Jenkins is blaming the CDC for not telling
the hospital that his workers shouldn`t travel. What are you hearing about
this and who is to blame for this nurse getting on a plane?

CRAIG MELVIN, NBC NEWS CORRESPONDENT: He really went after them this
afternoon, Rev. And Judge Jenkins would be the equivalent of a county
executive here in Dallas.

In addition to that, in addition to blaming the CDC for not specifically
instructing the hospital to forbid its employees from getting on commercial
travel, he also said today in an interview that right now, he is working
with some of their legal team to try and establish an order that would
prohibit people who are being monitored from using public transportation
here, from getting on planes and for also from going to certain public
spaces, including football stadiums. This is something he said in an
interview this afternoon. Some of this is working right now.

But as you might imagine, here in Dallas, folks are scared. Folks are
nervous. This afternoon, we heard from the head of the CDC who said he
would not be surprised if there were additional cases here. The nurses
union has come out in the past few days. They`ve blasted this hospital.
They`ve blasted the hospital for not being prepared. For not putting these
nurses in the best position, for not having a protocol in place before
Thomas Duncan arrived. So that`s the latest here from Dallas. But again,
it is going to be very interesting to see the next few days, Reverend Al,
whether we see another case, whether we see another two cases, another
three cases here in Dallas.

SHARPTON: Craig Melvin in Dallas. Thank you.

I want to bring in Dr. Seema Yasmin, public health professor at UT Dallas
and staff writer for the Dallas morning news and Dr. Corey Hebert,
assistant professor at LSU Health Sciences Central and Tulane University
medical central. Thank you both for joining me.

DR. COREY HEBERT, ASSISTANT PROFESSOR, LSU HEALTH SCIENCES CENTRAL: Thank
you.

DR. SEEMA YASMIN, PUBLIC HEALTH PROFESSOR, UT DALLAS: Thank you.

SHARPTON: Dr. Yasmin, how concerned should we be about 132 passengers on
this plane?

YASMIN: Well, thankfully this nurse did not have symptoms when she was on
the plane with those 132 people. So they`re very low risk of contracting
Ebola. Of course, the CDC and the airline is working with those
passengers. They are going to be following up with them and interviewing
them and providing them with all the information that they need. It is so
important here that we don`t point the finger at nurses. We don`t want to
ascribe blame at this point. I can tell you as a doctor, nurses are some
of the most hard working, underappreciated people in hospitals. They are
simply trying to do their job. But we have to make sure they stay safe as
they do their job.

SHARPTON: Well, that is the complaint to make sure they stay safe.
Medical records show, Dr. Hebert, that the second patient here, Amber
Vinson, was actively engaged in caring for Duncan in the days before he
died. Dealt with bodily fluids, drew blood, inserted the catheters. I
mean, there seemed to be a lot of activity between Duncan and her. Does
this imply you have to be in close contact with someone who has the virus
in order to contract it?

HEBERT: Well, it does imply that. And we know that for a fact. And you
know, we`re talking about the passengers on that plane, Rev. I have to say
that, you know, we have to talk about fever. Because a lot of people think
that fever is anything over 98.6. But we have to know that it is actually
anything over 100.4 which is the world health organization. She did not
have that fever, she didn`t have a fever when she was on the plane. So we
have to think about fever like being pregnant. Either you have a fever our
don`t. It is not a low grade fever or not. It is if you have a fever or
you don`t. You`re pregnant or you`re not.

So she did not have a fever. Now, the issue is, though, what if she was on
that plane, didn`t have a fever but got a fever while she was on the plane
and threw up on the person next to her? That is where we have dodged a
bullet because that didn`t happen. That`s why we can no longer rely on
self-policing so that we won`t have a spread of this Ebola. We have to do
this. CDC has to do a better job of policing so people don`t get on
commercial airlines.

SHARPTON: Well, would you say the 132 people on that plane are safe since
we did not have the scenario that you say that we kind of ducked that.

HEBERT: Yes. I think they are safe. Because you have to remember, we`ve
had about 27 Ebola outbreaks in the world in the last 20 years. Think
about that. And it has been in countries that have no infrastructure to
handle it at all. But have they had huge outbreaks like this? No. So we
have the best health care system in the world. So there will be other
cases of Ebola, make no mistake, in this country. Because you have to
remember, when Duncan came back to that hospital for the second time,
nobody knew he had Ebola. Nobody did.

SHARPTON: All right, let me play to both of you what the president said a
few moments ago.

(BEGIN VIDEO CLIP)

OBAMA: I want to use myself as an example so people have a sense of the
science here. I shook hands with, hugged, and kissed not the doctors but a
couple of the nurses at Emory because of the valiant work that they did in
treating one of the patients. They followed the protocols, they knew what
they were doing, and I felt perfectly safe doing so.

(END VIDEO CLIP)

SHARPTON: Dr. Seema, the president said he is shaking hands, hugged and
kissed those that had worked and dealt with the patient, the Ebola patient.
And that he`s using himself as an example. What is your reaction?

YASMIN: I think it is important that we do have public displays like that
that reassure people that Ebola is not as easily transmitted as some people
are making out. You have to have that direct contact with infected bodily
fluids. And a person with Ebola has to have symptoms in order to be
contagious. This is what science tells us. This is what we know. We are
much more likely to see an outbreak, Reverend, of panic or fear here in
Dallas or in the U.S. as we are an outbreak of Ebola. So we have to keep
that in perspective.

SHARPTON: Now, they did not ban her movement, the CDC director said today,
health care workers exposed to Thomas Eric Duncan are only allowed to
engage in, quote, "controlled movement." Listen.

(BEGIN VIDEO CLIP)

FRIEDEN: That can include a charter plane, that can include car, but it
does not include public transport. We will, from this moment forward,
ensure that no other individual will be monitored for exposure undergoes
travel in any way other than controlled movement.

(END VIDEO CLIP)

SHARPTON: Dr. Hebert, did they wait too long? I mean, why did they wait
until now to have this restriction?

HEBERT: You know, if Ebola spreads throughout this country, it will not be
because of the veer lens of the lack of virus. It is will become -- it
will be because the lack of communication between the federal agencies, the
state agencies and the doctors and nurses on the ground that are taking
care of the patients.

Because this is not something that, it is airborne. This is something that
is going to, if it does spread, it is going to be caused because people are
not doing what they`re supposed to do in a very systematic manner. We have
to work together. And there`s no way we can get through this without
working together.

I mean, bad decisions -- bad decisions come when people have irrational
fears and hasty decisions come when people have irrational fears. And
that`s what is happening right now. We have to make sure that we allay
those fears right now.

SHARPTON: All right. Dr. Seema Yasmin and Dr. Corey Hebert, thank you
both for your time tonight.

HEBERT: Thank you.

SHARPTON: Coming up, how is Ebola spreading? We`ve brought a medical suit
into the studio to show you how these nurses could have contracted the
virus, and how to stop it next time.

Also, the real reason the Republicans are desperate to make this election
all about President Obama. But Democrats have a new plan to save the
Senate.

Plus, did a police officer pepper spray a student just for filming him? A
big show tonight. Stay with us.

(COMMERCIAL BREAK)

SHARPTON: With all these latest Ebola developments, we asked you on social
media what is your biggest concern in what they wear? That some great
questions.

Chris tweeted, nurses on the front lines of this and every communicable
disease. Are they equipment and prepared?

Trust me tweeted, why isn`t there a travel ban on Ebola countries? The CDC
imposed a travel ban on high risk people in the U.S.

Selma posted, are we the public safe from getting Ebola?

All good questions. Coming up, we have a doctor to show us how Ebola might
spread and answer your questions. But please, keep the conversation going
on facebook and tweet us @politicsnation.

(COMMERCIAL BREAK)

SHARPTON: With this second case of Ebola, fears are growing in America.
How can two nurses catch Ebola? How were they not protected from it? And
how does it spread?

Today the "Associated Press" reports Nina Pham, the first nurse to get
Ebola, noted in medical records she wore protective gear while treating
Duncan. But there is no indication in the records of a first encounter
with Duncan that she donned any protective gear. In fact, workers at the
hospital didn`t wear hazmat suits for two days while treating Duncan.

And a spokeswoman for National Nurses United spoke with other nurses at the
hospital and revealed, nurses were forced to use medical tape to secure
openings in their flimsy garments and word that their necks and heads were
exposed as they cared for Duncan.

The Centers for Disease Control says when working with Ebola patients, you
are to wear gloves, a fluid resistant gown, goggles or a face shield and a
face mask. And for additional protection, an extra set of gloves,
disposable shoe covers and leg coverings.

But are these protective measures enough? And exactly how does it spread?
Joining me now for demonstration is Dr. Natalie Azar, a clinical professor
in the department of medicine at NYU Langone medical center.

Dr, Azar, thank you for being here tonight.

DR. NATALIE AZAR, CLINICAL PROFESSOR OF MEDICINE, NYU LANGONE MEDICAL
CENTER: Thank you for having me.

SHARPTON: So explain to us what you`re wearing.

AZAR: OK. What I am currently wearing is the latest recommendation from
the CDC. And that is booties on my shoes, an impermeable gown, which means
that blood and other bodily fluids can actually not get through this to
touch my own clothing or my skin. All right?

The next recommendation is to wear a face mask, and this is again to
prevent not an aerosolized virus getting into my mouth, but just to protect
my own skin and my own mouth from getting any of an infect patient`s fluid
splashing into my mouth.

SHARPTON: But in those basically covers the mouth and the nose.

AZAR: It covers my mouth and my nose.

SHARPTON: OK.

AZAR: The next step is this face shield which is elaborate and kind of
look like a biking helmet. You tighten it from the back. And where up
here, I`m actually protecting any fluid, any blood, any diarrhea or vomit
from getting into my face area.

What the concern has been, obviously, what we`re talking about is the neck
is exposed here. The current recommendations again are not to have
anything specific on the neck.

SHARPTON: But the suit looks flimsier than the hazmat suits.

AZAR: It does look flimsy. It does look flimsy. But I will tell you that
it works. This is what we wear in the OR. Yes, we`re putting on gloves.
I`m starting to put them on. I`m putting on two pairs. That`s the current
recommendation. And we usually wear two pairs of gloves, really to prevent
needle sticks. That`s the main concern. One pair of gloves would be
sufficient for bodily fluid but we`re doing two.

SHARPTON: Because of the needles.

AZAR: We are doing it because of needle sticks. And I`m going to make
sure while I`m putting these on that I`m going to cover my wrists as
closely as possible. We heard some of the nurses were having difficulties
with areas of their wrists, perhaps, being exposed. You can certainly pull
this up over the gown.

SHARPTON: How much area is being exposed to contamination?

AZAR: Well, right now, if you look at me. If I were standing over a
patient and the patient vomited, could I certainly get exposure right here
in this neck area. The rest of me should be protected. And the main
issue, again, is that people, we don`t think are getting exposed while
they`re treating the patients typically.

The next step, as I`m taking everything off is really where the exposure is
most likely to happen.

SHARPTON: Show me how.

AZAR: OK. The first recommendation, the CDC has two different ways to
take it off. I personally prefer this one. This is to take the gown and
the gloves off simultaneously in the beginning. So you are going to grab
on to the tags on both side and pull. It is made of paper so it actually
comes off quite easily. You pull it down over your arms. And this is the
important part now. Your skin is exposed right here. So you kind want to
turn it inside out and you are going to grab the gloves from underneath.
Hopefully not touching your own skin.

SHARPTON: So this is where I can see it becomes problematic. There could
be issues here.

AZAR: You turn the gloves inside out. And you take your hand out this
way. Similarly, you`re reaching under with your hand. You don`t want to
touch the inside of the glove. And you`re turning the glove inside out and
pulling this way. And you are taking your hands up. You`re dropping it on
the floor. OK?

SHARPTON: But you have, there is some levels of problems that could occur.

AZAR: Right. If the gloves don`t fit or you do that. And you know, you
can see at any point here, you could inadvertently touch your own skin with
your fingers.

SHARPTON: OK.

AZAR: The next point, and this is what, I think the CDC is going to start
to make a recommendation that between each step, you wash your hands now.

SHARPTON: Between each step.

AZAR: Between each step they are now going to start to recommend washing
hands. You want to take the masks off behind. You don`t want to touch it
from the front because now, your hands are totally, right, vulnerable. You
take the mask off from the back. Drop it down. You take this off from the
back and you drop it down and wash.

SHARPTON: So you drop everything down in the same pile.

AZAR: Everything in the same pile. And each room is going to have a
contained waste disposal area where they`ll to have incinerate and have a
whole protocol for getting rid of all these stuff.

SHARPTON: But you still have any exposure in that.

AZAR: I do.

SHARPTON: You still have exposure if there is any error while you`re
taking things off.

AZAR: Exactly.

SHARPTON: I mean, as we are saying, we are going to say over and over
again. In all likelihood most of the transmission is happening when health
care work who are improperly trained are taking off their protective wear.

SHARPTON: What can they do to be better prepared, Doctor?

AZAR: Be trained. You know, I keep on saying this over and over again.
When we learn how to put this stuff on, when you go into the OR so you
don`t infect patients, that`s a process. That takes a little while to
learn. You don`t learn it in 15 minutes.

There are new efforts, I think, are going to work. And that is to send
teams out on the ground within a few hours and any place in the country
that has a new case and make sure that these personnel who have dealt with
this before are the ones who are training the health care workers at the
hospital and observing them most importantly, taking it on and off multiple
times so they can see where any gaps in their knowledge is and kind of
intervene before this happens again.

SHARPTON: Thank you so much. This is great information. Dr. Natalie
Azar, thank you so much for your time this evening.

AZAR: Welcome.

SHARPTON: A very informative segment. Thank you.

Coming up, good news for Democrats fighting to save the Senate. Yes, it is
in play! And it is winnable.

And Speaker Boehner, we`re about to introduce you to Speaker Boehner.

(COMMERCIAL BREAK)

SHARPTON: I`ve got a news flash for the GOP in this midterm election.
It`s not over yet.

After months of Republicans bragging that 2014 would be a wave election,
it`s clear that`s not going to happen and Democrats are in a fight to save
the Senate. Republicans on Capitol Hill like to point at President Obama`s
approval rating, 42 percent.

But Congress is doing way worse. Only 12 percent of Americans approve the
job Congress is doing. That`s an all time low. So yes, the president`s
numbers are down. But the GOP`s are even lower, 43 percent of Americans
viewed the president positively. 37 percent have a favorable view of the
Democrats. But just 27 percent of Americans have a positive view of the
GOP.

And Democrats are seeing opportunities in some key races. Like in Georgia,
where Democrat Michelle Nunn is leading a Republican opponent David Purdue
for the first time. Democrats are getting ready to pour another million
dollars into that state and Purdue`s big gaffe on the business record has
proven to be a big opening.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Even Purdue, the form he CEO of Dollar General
acknowledged he spent most of his career moving U.S. jobs overseas.

UNIDENTIFIED FEMALE: The attorney asked, can you describe your experience
with outsourcing? Purdue responds, yes, I spent most of my career doing
that.

UNIDENTIFIED MALE: And when asked by reporters how defends the
outsourcing, Purdue doubled down.

UNIDENTIFIED MALE: Defend it? I`m proud of it.

UNIDENTIFIED MALE: David Purdue, he is not for you.

(END VIDEO CLIP)

SHARPTON: A candidate who seems more like a cold hearted CEO than a
regular guy. He could ask President Romney how well that campaign strategy
turned out.

The race in Georgia isn`t over. And neither is the fight for the Senate.

Joining me now, Jonathan Capehart and Ryan Grim. Thank you both for being
here.

JONATHAN CAPEHART, OPINION WRITER, THE WASHINGTON POST: Thanks, Rev.

RYAN GRIM, WASHINGTON BUREAU CHIEF, HUFFINGTON POST/MSNBC CONTRIBUTOR:
Thank you, Rev.

SHARPTON: Jonathan, could Democrats actually keep the Senate by winning in
a deep red state like Georgia?

CAPEHART: If the democrats are going to keep the Senate, they`ll going to
have to win deep red states like Georgia. Hold on to North Carolina. Hold
on to Arkansas. So yes, it is possible. I mean, it is not over until
election night. And you know, a lot of the forecasting websites say that
it is likely that the republicans will take the Senate. But I`m not so
sure. If someone were to ask me, or if you were to ask me if I thought the
democrats would hold on to the Senate, right here right now this very
second, I would say yes. Barely.

SHARPTON: Let me tell you the strategy I`m beginning to see. Republicans
want to make all these Senate races about President Obama. If you need any
proof, just check out Tom Cotton in yesterday`s Arkansas debate. Watch
this, Ryan.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: It is because Mark Pryor is a loyal rubber stamp for
Barack Obama`s failed economic policies. That`s Barack Obama in Mark
Pryor`s way. Barack Obama imposed it on the states and then Barack Obama
and Mark Pryor hijacked it. Mark Pryor and Barack Obama.

(END VIDEO CLIP)

SHARPTON: And that`s just a small sample, Ryan. I mean, would this
strategy work?

GRIM: Well, you have some democratic politicians who are nervous that it
will work. You know, if you look at Grimes in Kentucky, you know, she is
out there ridiculously, you know, even willing to admit that she voted for
President Obama in 2012 or 2008. So there is some fear that there are some
voters who would respond negatively to association with Obama. But like
you were saying, the democratic base is what`s going to save the Senate for
democrats if it is going to be saved. And the democratic base is still
very much behind President Obama. So, you know, to use the strategy that
you`re talking about, to get democrats out to vote, then you have to bring
up President Obama. And you have to get people excited. And that`s how
you win states like Georgia and North Carolina.

SHARPTON: Well, talking about base, Jonathan, it means the election is
really going to come down to turnout. And one thing that caught my eye is
early voting in Georgia started on Monday. And 23 percent who came out and
cast their ballots didn`t vote in 2010. That was the GOP`s big year.
Twenty percent of people who cast accepted ballots. Is this a good sign
for the democrats?

CAPEHART: Well, look. Twenty three percent who have cast ballots didn`t
do so in 2010. Look, the President needs to get as much of his base out as
possible. The democrats need to get their base out as much as possible.
Whether it`s through early voting, through Sunday voting where it still
exists. One of the things that makes people think that the republicans are
absolutely going to take the Senate and one of the reasons why, you know,
you had the President on the Steve Harvey morning show this morning doing a
phoner at 9:00 a.m., pleading with Steve Harvey`s listeners to get out
there and vote and to tell other people to vote.

SHARPTON: Right.

CAPEHART: And that`s because traditionally, in off-year elections,
nonpresidential election years, African-Americans, Latinos, young people,
women, the Obama coalition stays home. And so if there is any hope for the
democrats to hold on to the Senate, it is through African-Americans in
particular, coming out to vote because their voting populations in Georgia,
North Carolina, Arkansas, Kentucky, is very high and could make the
difference. We saw it in an off year election in Virginia. When people
figured that African-Americans wouldn`t come out to vote in the same
proportion that they did in the 2012 election --

SHARPTON: Yes. And they did.

CAPEHART: And they did. That`s why Governor McAuliffe is governor now.

SHARPTON: Now, you know, that NBC poll that I was referring to finds that
41 percent agree with most of President Obama`s proposals. Obviously he
would like that to be higher. But just 33 percent agree with most of the
GOP`s agenda. So people would like the policies, even better than the
policies of the GOP which is why the GOP is not running on policies. It`s
no surprise when you consider what they stand for. Listen to what the
Senate candidates have said in their recent debates.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: ObamaCare has been a disaster for Arkansas, for you our
entire country.

UNIDENTIFIED WOMAN: I don`t know the science behind climate change. I
can`t say one way or another what is the direct impact from whether it is
manmade or not.

UNIDENTIFIED MAN: There are times when a minimum wage increase would be
appropriate. But not in a jobless recovery.

UNIDENTIFIED WOMAN: Is the senator for or against increasing the minimum
wage? Because when he went to California he was against it. Suddenly, two
weeks ago he was for it. So you are consistently against helping people
here in Kentucky actually earn a living wage.

(END VIDEO CLIP)

SHARPTON: Repeal the health care law. Deny the science behind climate
change. Fight against the minimum wage hike. I mean, how could democrats
use these issues to motivate voters, Ryan?

GRIM: So, even in this political climate where republicans feel like they
have all of these advantages, if you poll all registered voters, you find
that democrats still have a small but significant advantage. And it`s for
the reasons that you talked about. They agree with democrats on those
particular issues. And the key thing to remember here is that even more so
than in 2010, Election Day is no longer just on Tuesday. In a lot of
states as you said, they`re already voting. People can go out and vote
today. They can vote by mail. They can go pick up their ballot. They can
cast it. And that allows for these networks of people to organize and to
tell their friends and to tell their family members, tell the people they
know on Facebook, hey, here`s how you can vote. Here`s how you can get
out. And so, that changes the dynamic and democrats are hoping that is a
counter balance to money that is bombing the airwaves right now.

SHARPTON: Well, the election is a little under three weeks away.
Democrats better show up and show out. This is a decisive election.
Jonathan Capehart, Ryan Grim, thank you both for your time tonight.

CAPEHART: Thanks, Rev.

GRIM: Thank you.

SHARPTON: Still ahead, Speaker Boehner tries to hit democrats over
lawsuits. And lands right in tonight`s gotcha. Also, the South Carolina`s
governor bizarre defense of the confederate flag. It`s part of
"Conversation Nation" tonight.

(COMMERCIAL BREAK)

SHARPTON: The politics nation jury is in. And we`re ruling on Speaker
Boehner. He recently posted on Facebook, quote, "Frivolous lawsuits drive
the cost of everything Americans do." It`s time for common sense reform to
help lower costs. Frivolous lawsuits costing too much? Speaker Boehner
knows a thing or two about those.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: Are you planning to initiate a lawsuit against the
Obama administration and President Obama over the use of executive actions?

REP. JOHN BOEHNER (R-OH), SPEAKER OF THE HOUSE: I am. In my view, the
President has not faithfully executed the laws.

(END VIDEO CLIP)

SHARPTON: He is suing President Obama. Talk about frivolous lawsuits.
Not to mention one that is costing an arm and a leg. House Republicans
hired a $500 an hour law firm to sue the President. It will cost taxpayers
$350,000. And Speaker Boehner is the one railing against frivolous
lawsuits?

(BEGIN VIDEO CLIP)

BOEHNER: Are you kidding me?

(END VIDEO CLIP)

SHARPTON: Nice try, Speaker Boehner. But here`s the verdict from Judge
Sharpton. We got you.

(COMMERCIAL BREAK)

SHARPTON: We`re back now with "Conversation Nation." Joining us tonight,
Abby Huntsman, Jimmy Williams and Tara Dowdell. Thank you all for being
here tonight.

ABBY HUNTSMAN, MSNBC CO-HOST, "THE CYCLE": Thanks, Rev.

JIMMY WILLIAMS, DEMOCRATIC STRATEGIST: Thank you.

SHARPTON: We start with some breaking news from Arkansas. Just moments
ago, the state Supreme Court struck down the Arkansas voter I.D. law.
Today`s ruling could have a huge impact on the races in the state where
early voting is due to start on Monday. In particular, democrat Mark Pryor
and republican Tom Cotton are locked in a tight Senate race, where every
vote counts. No word yet on whether the state officials plan to appeal.
Jimmy, this voter I.D. decision could be a big deal in the Senate race,
right?

WILLIAMS: Yes. I think that`s exactly right. And this race is as tight
as a tick. It`s bad I think. Pryor seems to be slipping a little bit and
that`s bad for the democrats, especially if they want to hold on to the
Senate. At the same time, the state Supreme Court saying this is a boon
for the idea of getting the African-American vote out. Millennials out, et
cetera, et cetera. So, that`s a big deal. My gut tells me the state does
appeal this up to either whichever court of appeals. And eventually the
Supreme Court. My gut also tells me that the U.S. Supreme Court doesn`t
step in this close to the elections. We`re just too close.

SHARPTON: So Tara, this could hold then. And a lot of polls show and the
data shows all over the country including Arkansas, African-American voters
and millennials are the ones impacted by these voter I.D. laws which just
got knocked down if it holds in Arkansas.

TARA DOWDELL, DEMOCRATIC STRATEGIST: Absolutely. This is a major boost in
the arm for Mark Pryor. Because as Jimmy stated, he has lost some ground
recently and you don`t want to be losing ground this close to Election Day.
And what democrats are focusing on as you know is the ground game. So, the
ground game is only strengthened when there are more people to participate
in the ground game. So we need those folks to be able, we need everybody
that could possibly vote to be able to vote and this helps --

SHARPTON: Abby, is this a strategy by republicans? This voter I.D.?

HUNTSMAN: Well, I was just going to say on that point, just because they
can vote doesn`t mean they`re all going to get out to vote. So this is
really about voter turnout at the end of the day. Look, I think on a
national scale, because we`re seeing this argued throughout the country.
And ultimately, this is about, you know, republicans being concerned
frankly that minorities will going to get out and vote for the opposite
party. And I think instead of being afraid and instead of fighting this,
they have to say, OK, how can we find a message that appeals to minority
voters, to young people, to women, to black voters, because ultimately
they`re going to be able to vote. So we have to find a way to attract
those voters.

SHARPTON: I`ll give you a card to a guy that does good autopsy.

(LAUGHTER)

As we head down the stretch to the midterms, candidates are getting very
creative with their attack ads. One New Mexico candidate put out this
breaking bad theme day.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: Breaking bad made this car wash famous on TV. The true
story about New Mexico politics is much cleaner.

UNIDENTIFIED MAN: Robert Aragon was sued four times by his own clients for
fraud and negligence and Aragon failed to pay over a quarter million
dollars in taxes. Tim Keller for auditor. The clean choice.

(END VIDEO CLIP)

SHARPTON: Now, this come on the heels of the controversy sparked by Wendy
Davis` ad in Texas that drew attention to opponents` disability.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: A tree fell on Greg Abbott. He sued and got millions.
Since then he spent his career working against other victims. Abbott
argued a woman whose leg was amputated was not disabled because she had an
artificial limb.

(END VIDEO CLIP)

SHARPTON: And republican candidate for governor in California Neel
Kashkari released this new ad that shows a young boy drowning in a pool.

(BEGIN VIDEO CLIP)

NEEL KASHKARI (R), CALIFORNIA GUBERNATORIAL CANDIDATE: I`m Neel Kashkari,
I`m running for governor because every kid in every neighborhood deserves a
good education and a chance for a better life.

(END VIDEO CLIP)

SHARPTON: Abby, outside the box ads, are they creative or offensive.

HUNTSMAN: There are some strange ads. The one in New Mexico, because I`m
a huge breaking bad fan. That is creative in a lot of ways but you also
have to hope that the voters there watch the show. Because all they see
there is a car wash.

SHARPTON: Yes.

HUNTSMAN: And what that has to do with anything. So, you`re sort of
taking a risk there. It is not a personal attack.

SHARPTON: Breaking bad may get more votes out of this than he does.

HUNTSMAN: Absolutely. But Wendy Davis is a whole different story. You
know, I look at that and I think it is offensive on a lot of levels. If it
was a republican, if this were reversed. If Wendy Davis was a republican,
I think this was all democrats as we would be talking about, this is all
we`d been talking about all day long. I also think she is a woman and we
respond, unfortunately different today when it comes to women. So, we look
at that and we think that`s just a mean woman putting that ad out. If it
were two men against each other, I do think we would be talking about it a
bit differently. And the pool drowning one, that to me doesn`t make a
whole lot of sense. I do think that`s offensive. To see a kid drowning.

SHARPTON: The boy drowning. I mean --

DOWDELL: I would call that over the top. It is a bit much. I mean, I
get, I`m all for creative ads, I`m all for innovative ads, I think using
breaking bad, even if you did that watch the show, I`m a fan, even if
didn`t watch the show, you`ve heard a breaking bad. Very creative. Got a
point across good. The drowning kid, I just think it`s not really where
you want to be when you`re doing this type of ad.

SHARPTON: Jimmy --

DOWDELL: -- Neel Kashkari.

SHARPTON: I`m going to pass on this with Jimmy, because I have a gift
wrapped one for you next.

WILLIAMS: OK.

SHARPTON: We`re going home for you. South Carolina. And a republican
governor defending the fact that the state still flies the confederate flag
over the dome of the state house. And while a lot of people have a problem
with it, and it is symbolic association with slavery, Governor Nikki Haley
doesn`t see what the big deal is. She defended the practice doing last
night`s gubernatorial debate.

(BEGIN VIDEO CLIP)

UNIDENTIFIED WOMAN: What I can tell you is over the last three and a half
years, I spend a lot of my days on the phones with CEOs and recruiting jobs
to this state. I can honestly say I have not had one conversation with a
single CEO about the confederate flag. But we really kind of fix all that
when you elected the first Indian American female governor. When you
appointed the first African-American U.S. senator. That sent a huge
message.

(END VIDEO CLIP)

SHARPTON: Jimmy? CEOs have no problem?

WILLIAMS: I hope you`re not expecting me to defend Nikki Haley. Look, she
had a conversation with all the CEOs. Now, this is a republican mindset.
I`ve talk to binders full of CEOs and not one of them said they had a
problem with discrimination. I have some advice for Governor Haley --

SHARPTON: You should look at the diversity.

WILLIAMS: She might want to look at the workers. She might want to have a
conversation with the workers. South Carolina has a 30 percent black
population. Unemployment is relatively normal. Yahoo! finance I think
just named South Carolina one of the top 10 worst quality of life states to
live in. There is a problem here which is a mindset, I talked to CEOs.
I`ll be dad-gummed if I`ll have a conversation with the workers by the way,
who in South Carolina, in the last four years, a 26 percent increase in
food stamp recipients. Not because more people don`t have jobs but because
the wages are low. Why? The CEOs are paying them less.

HUNTSMAN: At least she didn`t have an Allison Grimes moment. I mean, she
took a stand on this. I don`t agree with her and I don`t even know that
she agrees with it. But the fact of the matter is, these CEOs are paying,
giving her money for the campaign. She has to do that --

(CROSSTALK)

SHARPTON: Tara?

DOWDELL: Well, first of all, the fact that you`re consulting CEOs on
topics that pertain here in the very beginning, you should be consulting
the voters. I mean, this isn`t be about what the CEOs want. And so, if I
were the democrat on that race, I would have hammer her.

SHARPTON: I don`t know who the democrat on that state. But Governor
Haley, let me just give you a little free advice. We know that a lot of
republican governors only talk to CEOs but don`t tell anybody! Abby
Huntsman, Jimmy Williams, Tara Dowdell, great panel. Thank you for your
time tonight.

Still ahead, the Ferguson effect and a new video of alleged police
misconduct.

(COMMERCIAL BREAK)

SHARPTON: Congresswoman Michele Bachmann is on her way out not seeking re-
election as she kicked off her own version of a farewell tour today with a
big speech on the Tea Party.

(BEGIN VIDEO CLIP)

REP. MICHELE BACHMANN (R), MINNESOTA: I believe President Obama`s lasting
legacy will be that the American people saw what a lawless presidency looks
like. And then there was ObamaCare. The crown jewel of socialism. You
see trickle down does work. Don`t stop people from the benefit of failure.
If we don`t stand up to defend these ideals, then who will? In the last
few years it was the Tea Party, the squeaky little voice of the Tea Party
that --

(END VIDEO CLIP)

SHARPTON: But it turns out the American people are sick of hearing that
squeaky little voice. Our new NBC poll shows only 19 percent of voters
have a positive view of the Tea Party. Forty six percent have a negative
view. So the Tea Party is slowly going away. Just like Congresswoman
Bachmann.

(COMMERCIAL BREAK)

SHARPTON: Finally tonight, a backlash to what we`ve been calling the
Ferguson effect. People using cell phones to record police activities. In
Texas, a police officer is under investigation for pepper spraying a
student filming him while responding to a loud party nearby.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: The Prairie View A&M senior saw police trying to break
up a big party that had spilled outside. He was recording and in return
got this.

(END VIDEO CLIP)

SHARPTON: The officer is currently on paid leave while the D.A.
investigates. And in Pennsylvania, a couple is suing three police officers
involved in a dispute over a parked car. When things got tense, Kia Gaman
(ph) began recording the incident on a cell phone. But when the officer
notice, he demand that she stop.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: It`s against the law to tape without my permission.

UNIDENTIFIED WOMAN: He told me, if I continued to video, he`s going to
come in my house and confiscate my phone and place me under arrest.

You don`t have the right to come into my house, sir. No, you do not.

UNIDENTIFIED MAN: I do.

UNIDENTIFIED WOMAN: At one point she said the officer put a taser to her
chest.

(END VIDEO CLIP)

SHARPTON: The truth is this. Citizens do have the right to film police
officers as long as they don`t physically interfere with their ability to
do their job. More transparency is part of the solution, not part of the
problem. One of the things we saw this summer with the Eric Garner case in
Staten Island or the Marlene Pinnock case in Los Angeles, people using cell
phones protects the victims and the police so we can see what happened with
our own eyes. Now we must see what happens when we take those videos to
court. Seeking justice. We continue to fight.

Thanks for watching. I`m Al Sharpton. "HARDBALL" starts right now.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY
BE UPDATED.
END

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