The Jazz have been guarding Harden's left shoulder from behind. They're fouling him with their body as he goes up (why else would he miss a wide open 3 point shot?) and the refs will not call it. Harden should just take the hard dribble towards the rim and to the left. That way he seals the defender out of the play and has a wide open shot. This is normally an ill advised shot because it's from essentially 3 point distance but you only get 2 points. The difference here is that it would be wide open every time he takes it, like a practice shot.