28/10/2016 Newsnight

Clinton lands in Iowa - to news that could be a game changer.

The FBI will investigate additional classified material

In New Hampshire, Trump praises the move.

The news this morning is this is bigger than Watergate. This is

bigger than Watergate. In my opinion. This is bigger than

Watergate. Can it shift the polls with 11

days to go? Uber is forced to pay

drivers the minimum wage. You know, they need to make sure

that they can pay their wages. If everything was so free

and flexible as they said it was, then everything would be totally

anarchic, you know, and people would sometimes carry out work or go

off and do whatever they wanted. We'll hear from a Uber driver who is

not happy about today's court ruling.

A word of encouragement for those who can't even

It's not as if this US election campaign has been boring.

But tonight, it was newly electrified.

The FBI announced it would revisit its investigation

into whether Hillary Clinton had classified information stored

amongst her private emails, as new ones came to light.

No one knows what the new evidence will throw up.

But the timing could not have have been more critical,

throwing an electoral lifeline to Donald Trump.

He's already declared it bigger than Watergate.

It plays into his narrative of her being corrupt.

Democrats have dismissed it as empty noise, and are furious

at what they call a politically irresponsible move.

But many ballots have already been cast, and many minds

have long been made up, so will it shift anyone's vote?

# Ain't no Mountain high enough. Change is coming but the choice is

yours. When there are no ceilings, the sky's the limit. Make jobs page.

Thank you all! With 11 days to go until the election, it was beginning

to look like the presidency was Clinton's Toulouse. Hillary Clinton

was on a plane to Iowa with no Wi-Fi when news came through that the FBI

was looking again at her e-mail server. She and her team, as shocked

as the journalists with her, who learned of the News as they touch

down. The accusations have followed her throughout the campaign. Hillary

was ignoring the accusations. Tonight, a fresh investigation into

new e-mails after the FBI seized electronic devices becoming to her

aid, Huma Abedin, and her husband, Anthony Weiner. This is bigger than

Watergate. This is bigger. At the Trump rally in New Hampshire, they

were celebrating a moment that could come in this extraordinary election

saga, turn things around yet again. The latest investigation plays into

a narrative he has worked hard to create, that she is corrupt,

crooked, dishonest. The markets tonight were acting like this was a

game changer, the prospect of it from victory appearing to spook

them. Early voting has opened in many states. 7.3 million Americans

have already voted. For Hillary, the next 11 days might have been a march

to victory on the 9th of November but it remains to be seen out how

the spectre of impeachment while in office could affect our chances.

Well, our diplomatic editor Mark Urban has been out

and about meeting voters in the Southern states, and is now

Talk us through the details of the e-mail investigation itself. From

what we understand, the e-mails were between Anthony Weiner and Huma

Abedin. She, as you know, the vice-chair of the Hillary Clinton

campaign, a key aid during her time in the State Department also. As far

as we understand from leaks coming from the FBI, they don't include

actual e-mails from Hillary Clinton herself. But we can intuit on the

fact that this investigation has been reopened after the FBI said in

July that Hillary Clinton did not have a criminal case to answer,

because there is something that may give them further insight into one

of two things. The fact of having this Private server, which is an

offence under federal law, the type of thing which a junior civil

servant or member of the military subject to high security clearance

might easily have lost their job or even gone to jail for. And then the

actual content. Was classified content bleeding into immune

occasions between Hillary Clinton and her aides? That is the area they

are looking at now and obviously, it is potentially hugely awkward in its

timing for Hillary Clinton and her campaign. I know you have been out

in North Carolina and Virginia, swing state. What kind of impact, if

any, do you think this will have on the boat? The pollsters here -- the

vote. The posters here are quite sure, they say, that phenomena such

as shy Donald Trump supporters have been taken into account in their

complex calculations. A couple of nights ago in a remote part of North

Carolina, we were at a trump event where several thousand people were

queueing for hours to get in. It was quite striking how many people had

come to see him and you wondered, can they really be so confident in

their calculations? But let's assume they are broadly right. We had seen

the race narrowing a little bit, a percentage point or two in the last

day or two in the poll of polls exercises and that is before this

latest news, of course. So I think it is reasonable to expect it might

tighten a little further still but of course, the question, are so many

minds already made up that this isn't going to have a big effect?

Will Hillary Clinton still, going into polling day, have a commanding

lead? Thank you for joining us. Some pretty confident pollsters here.

I'm joined by the Republican Party pollster Frank Luntz,

and from Washington, Mike Czin, a former spokesman

Thank you for joining us. It sounds as if the FBI director had no choice

but to release this information once new e-mails came out. Do you agree?

I'm very confused as to why this came out now and how it came out. I

think if the FBI is going to look into it, they have a responsibility

to share with the American people, 11 days before the election, more

than they have shared today. We know Hillary Clinton has been interviewed

and has made herself available to the FBI for hours, congressional

Republicans have spent god knows how much taxpayer money looking into

this. Just a couple of months ago, they did not have a reason to move

forward beyond that, the FBI. Why this is happening now and why there

isn't more information is troubling. But I do think what your

correspondent was saying earlier, people are voting. This information

has been out there. Will it move votes at the end of the day? Maybe

around the margins but I think as more and the faster the information

gets out there, the best it is for Hillary Clinton to move past this.

Let me try to understand, do you think there was political motivation

behind this? Do you think the FBI gave way to trump's demands? Is

their anger amongst Democrats tonight? I think there is more

frustration and confusion as to what the FBI is doing is moving forward.

I think they have a responsibility, 11 days before the election. It is

totally unprecedented to tease this information. They have a

responsibility to review this and share the information. So voters can

make up their minds. But I think many of these questions have been

asked and answered by Hillary Clinton. What is going on? I can't

believe it, I thought it was a joke. I was at the Thames and several

people came up to me and asked if I had heard it had happened and I

thought it was a ruse. There's no way the FBI would do this with 11

days to go, no way unless they thought there was a serious problem.

They already had issues with what Clinton did but they said there was

no reason to go further, no reason to prosecute her. For them to open

it up now, my God, there is something there. With Wikileaks

releasing information every day about the foundation and the e-mails

and the communication between Clinton and her allies and her

campaign people, it is painting a picture that she can't be happy

with. From what Mark was saying, they don't even concern e-mails she

wrote. How can it be that big if it is not from her? Because the

question becomes, did she tell the truth in her testimony? Were things

that were part of her server exposed? The issue here is not just

about e-mails. It is whether or not her testimony will stand up. Mike?

Frank makes it sound like e-mails that have been hacked by Russia to

benefit Donald Trump is somehow an indication of guilt on Hillary

Clinton's part, which I think is an absurd premise. Hillary Clinton said

e-mails and so did her aides. We all do. The fact Russia has fact that

and is trying to sway the election, that is the Watergate. Donald Trump

said this is Watergate half a dozen times today but I think this is

unprecedented, the way that the director had a press conference to

address this issue this summer was equally unprecedented. You just said

twice, Russia hacked, because it tried to undermine what happened.

For the voter, they don't care how it was obtained. They want to know,

are the candidates telling the truth? I agree with the people

before me. This is not likely to have a major impact because it is so

close to election day. However, the fact the FBI director, who the

Democrats had said handled this investigation the way it should be

done, the fact is, he's opening it up and that is remarkable. Mike,

would you agree that whatever is in the e-mails, it leaves the door

ajar, something people thought was done and dusted isn't? That is

worrying when you are choosing a candidate for president. Listen, I

think that e-mail is being reviewed by the FBI 11 days out with this

announcement is very odd. I think it's important that the information

gets out as quickly as possible, while they review it. But again,

these are not e-mails from Hillary Clinton. We don't know what is in

them. The FBI did not say they are opening up their investigation. They

are going to be reviewing these documents to see if they are

consistent with what the countless man-hours they have put into this

investigation already. The other thing is, and I think Frank is

right, this probably won't sway things because people are voting.

There's very few relative numbers of people who are undecided. The

greatest weakness is integrity. You could say, lots of people say the

FBI is responding to pressure from Donald Trump. Donald Trump doesn't

intimidate anyone. The fact is, the fact he says this could be bigger,

this is bigger than Watergate actually hurts his case because then

it politicises something that the FBI has explicitly not politicised.

I want to emphasise to people watching tonight that the FBI is

beyond politics. Everyone has said so on both sides. But why have they

done this now? Why would you get involved right now? You never would,

the FBI director hates partisan politics and he did not want to do

this. Clearly, there is something there that is so significant that he

has decided that he has no choice. That is why this is there. We don't

know that. That's not what he said. That is putting words in his mouth.

We don't know what it is, we only know there are e-mails and what that

is, who they are with, what the content is, is unknown. Mike, you

were a spokesman for president Obama. What would you be advising

the Clinton campaign now and Hillary Clinton to do? There are two things,

it is in the best interest of the FBI, the American people and the

campaign for them to have a full airing of what this is. But I think

the second part is, Donald Trump thinks this is his Hail Mary pass,

that will help sway the election. You really need a proactive vision

and something to campaign on, not just hope that there will be some

kind of e-mail that will help sway the election which I don't think is

going to happen. This has nothing to do with Donald Trump and everything

to do with the Secretary of State. I will tell you, the Clinton campaign,

you can hear it in his voice, the Clinton campaign is really scared

the night. I think we will revisit this. Thank you for joining us.

The Uber website calls on its drivers to Drive When You Want -

Which all sounds fine, until they don't.

Today, a landmark ruling at the Employment Tribunal told

The taxi company will now have to pay drivers a minium

wage and holiday leave - to treat them, in other words,

as employees, not freelancers who work for a brand.

For the two drivers who brought the case, it's a clear victory.

But the impact of the ruling is huge, sending a warning

to all disruptive technology firms that business cannot come

But will this also have unintended consequences,

marking the moment the radical business model stopped being quite

You pick what to play, even whether to play,

For many workers, though, self employment is nowhere near as clear

Uber insists that its drivers are self-employed but in a

potentially far-reaching judgment, an employment tribunal

Solicitors for two Uber drivers who brought the test case

I think it's a massive deal actually because you know this is the way

We're seeing that companies in the so-called gig economy are often

mislabelling, we say, their workers as self-employed.

And actually, we're saying they are not

self-employed, they are workers, so other companies that

are structuring their business in this way will now

need to look at those arrangements because they are at risk of a

Working individuals fit into three broad categories.

The self-employed, which Uber insisted

included its drivers, do not enjoy any significant employment rights.

However, the tribunal said they were in fact workers.

That means they have some rights, like being paid

the national minimum wage, holiday pay, and pension contributions,

These have extra rights on top, like maternity and paternity pay,

statutory notice for dismissal, redundancy payments and protection

The employment tribunal came up with 13

characteristics of the way Uber drivers work that means, it said,

For a start, Uber drivers do not know

who it is that they will be picking up or indeed

where they want to go when

they accept a job on the app platform.

And, if, finding out those things, they decide they no longer

want the work and they cancel, well Uber can log them off and prevent

There are plenty of other companies who

will be looking at this judgment carefully.

Next month, Maggie Dewhurst is taking the courier

company CitySprint to a similar tribunal.

I don't think anyone really believe that they themselves

are running a business in the true sense of the word, where you can

expand, you can get other people to

I work for CitySprint, I do the work that CitySprint tell

Uber drivers work for Uber, they carry out the

If everything was so free and flexible

as they said it was, then everything

People would sometimes carry out work or go

off and do whatever they wanted but

According to the Resolution Foundation there are

now 4.8 million self-employed people in the UK.

That's one in every seven working people.

However their earnings have fallen an average of ?60 a week over

I think it's partly a story brought to the fore by these

tech platforms that have changed the way

in which lots of businesses are

organising their workforces, but I think in terms

ramifications go far beyond workers in the so-called gig economy.

Many self-employed workers are construction workers, in education,

in consultancy, driving a white van, and for all these types of workers,

how their living standards and their rights are

secured, is brought into

And that's why it's really welcome that

the government has already said it is looking at atypical forms of

employment and how the world of work is changing.

Much of these new ways of working have been driven by

technology, and ultimately technology may provide

the solution, though not necessarily in a way we like.

Robots replacing couriers, and Uber itself

There will be no issue about whether a robot or a computer is

Joining me now, Labour MP and shadow minister Chi Onwurah,

from Newcastle, and Steven Rowe, who was driving for Uber

Thank you for joining us. , Chi. Steven, are you pleased with this

development? Absolutely not. I don't understand what it is about. Because

I am self-employed I get benefits, I can work one I want, start one I

want, stop and I want, I have total flexibility. It never occurred to me

over the last four years, it is four years that I've been using the Uber

app, that I would get holiday pay sickbay. Is the job where your money

comes from? Yes, although I working on other projects which are

developing, the great thing about Uber is that you can work on your

own projects which might not bring in income straightaway... You

exceptional, what would you say to the people who say, this is

terrible, I should be getting a proper wage, I'm not making as much

money as I could? We are not employed by Uber. We are not paid a

wage. It's always been that way. Taxi drivers are self-employed, they

have been since time a memorial. They all using the Halo app. Will

that mean that they are all employed by Halo? Chi Onwurah, how do you

respond? It is good for Uber and it is good for Steven. Steven, I am

pleased that you feel you are in control of your work and I am sure

that is good feel but there are 40,000 Uber Uber drivers and what

this ruling says is that they don't have the kind of control of how they

get their jobs, what they are paid, and whether they can refuse a job.

That constitutes self-employment. We have to take our hats off to the GM

Beaver showing what a modern union does which is stand up for the

rights of working people -- the GMB, for showing, and how they are

transformed in the new digital environment. Steven, would it make

things harder for you? Absolutely, it's regressive. The world is

changing. People have more than one job and employment law should

reflect that. Chi Onwurah, if you are stifling entrepreneurship and

making these disruptive technologies feel they should behave like John

Lewis, a Conservative shop, you are stopping people from coming forward

with new projects? Liverpool I am not sure John Lewis is conservative,

it is more a corroborative. This is good Uber. I am a tech evangelist, I

worked in telecoms three years before coming into Parliament and it

can make hugely progressive difference to all our lives. But the

kind of power and control, this judgment is important in the detail,

it showed that Uber drivers got around to drivers and they had jobs,

how quickly they responded, effective performance management. If

you have that kind of control others and body then you have

responsibilities to them. And I think too often people who implement

this great new technology which can change lives for the better, they

forget there are still responsibilities in the real world

to the people who are delivering bad. You are working for a big

corporate giant. No, I'm working for myself. I can choose whether to

accept a job, choose one I want to work. I'm not working for a

corporate giant. In my view, that big corporate giant is working for

me. They are getting the work, collecting the money, they take a

percentage of it. What will happen because of this ruling? I'm really

worried because I can't see how Uber can carry on working in the way

setup. Can they take on everyone as a salary? That will mean

redundancies, lay-offs. If you can call it bad. Uber will have to adapt

its business model to reflect the fact that the Labour they are using,

the people, and Steven, if he rejects a job that's part of his

performance management by Uber and they have the ability to deactivate

him in 20 seconds. You could be deactivated. I don't know why people

would turn down jobs because you are there to earn money. I think my

acceptance rate was about 96%. Fantastic for Steven but other

people might have commitments, they might have care responsibilities,

and bonuses. The important thing here is that Uber needs to recognise

that the Labour which helps deliver its $62 billion worth of market

value, that Labour has rights and it will be better, Uber will be at off

as a company if it respects and values the people that work for it

and this judgment should help it do that. Chi Onwurah, Steven Rowe,

thank you both very much. "A tidy desk", the comedy

Christmas mug states, The joke only works, I suppose,

if the mug itself is also covered in mildew and belongs

to the perennially untidy. But what if mess were

actuallly good for the mind? What if all our attempts

at orderliness actually made us less Sighs of relief the world over

from the chronically messy. Here's Tim Harford,

who's been writing about Is the road to success

in life a neat, tidy one? Or is a rich, happy

life inherently messy? If you believe the glossy

magazines, this... We feel proud when we have a tidy

desk, and anxious when the But we all know that

when things get busy, Messiness isn't just part of life,

it can actually enhance our lives. We'll come back to my

messy desk later. First, let me show you what mess can

do for the true greats. In 1975, the jazz musician

Keith Jarrett was preparing one of his improvised

piano concerts in the city of An old rehearsal piano had been

delivered to the stage, out of tune, sticky keys, harsh, tinny upper

notes and too small for the concert But Jarrett felt he

had to try, and so, in front of a packed

auditorium, he sat down All the adjustments that Jarrett had

to make to cope with the unplayable piano made the music better, not

worse. Against his gloomy expectations,

Jarrett produced one of the greatest jazz

performances in history. Jarrett was forced into that

situation, but other artists have decided to actively

embrace disruption. Brian Eno has worked with everyone

from Coldplay to David Bowie. In musical circles, he is famous

for a deck of cards he calls If you're stuck, pull

out a card and let the I don't generally pick

more than one at a time, so the point is to, sort

of, be faced with the dilemma of trying to deal with the card,

whatever it happens to say. All these do is sort

of structure your And they say, "Put some

attention here and People are at their most

alert when they are So alertness is where

everything good comes from, It's when you suddenly

think, "Wow, now that's And you used these cards

on David Bowie's album, We used to play a game sometimes

where we would start something new, either

I would start something or he would, and then

we would both pull a card His was, "Destroy nothing

and continue with immaculate And mine was, "Take away

the most important thing". So whatever started to become

centre of the piece, I would try to take it out!

the piece was, he would try to keep endowing it with more of that

that was a piece called Moss Garden.

Another way to tap into your creative side is to improvise.

Neuroscientists can peer inside the brains

of improvising musicians and rappers using an FMRI scanner.

They see areas of the prefrontal cortex

Other areas that allow self-expression become active.

The improvising brain allows the mess

of unfiltered, risky ideas to flow out.

Mess can also be wielded as a weapon.

Some of the most skilled competitors deliberately create

They figure that they can improvise a response

to the chaos faster than their opponents.

Like to punch him in the face, I'll tell you.

They are bringing drugs, they are bringing crime.

Total and complete shutdown of Muslims

Donald Trump was a master of mess during

He dominated the news agenda with his

outlandish statements, leaving his opponents

We're talking about a constant flow of new

To deal with it, some of us are pilers and

The filers try to tidy away e-mails and documents

before they've really had a chance to understand them.

We happy-go-lucky pilers, in contrast,

allow our messy desks to organise themselves.

And every once in a while, you can just take that useless lower

layer and put it in the only filing cabinet

So what better way to ease into your weekend than with a stunning view

of dawn on the Dorset coast, captured by photographer

The Jurassic Coast is known for many things, but not

Hello, look at the weekend weather for the UK and Europe if you are

travelling. Saturday for the UK. A foggy