tv At This Hour With Berman and Bolduan CNN March 4, 2015 8:00am-9:01am PST
2010 but in 2013 the company never obtained clearance to sell the devices. last month the scope spread a bacteria to patients at ucla. seven patients were infected. two died. seven seats were empty as idaho state senate began the session on tuesday. it hoped with a hindu prayer. some took offense and boycotted the prayer. others said they were simply running late. thanks for joining me today. i'm carol costello. "at this hour" ahead. a pattern in practice of discrimination. a scathing report on the police department in ferguson, missouri. we'll see the details for the first time in just a few minutes. does this cast what happened to michael brown in a whole new light? private e-mail accounts while she was secretary of state. new reports of a personal e-mail server in her house. and now one of the country's
premiere political reporters wonders perhaps hillary clinton shouldn't run for president. the mounting questions before her almost campaign. inside the case against the alleged boston marathon bomber. happening now, opening statements in the case against dzhokhar tsarnaev. we'll lay out the surprising legal strategy. >> kate is on assignment today. i'm john berman. any moment now the results of the investigation into the ferguson police department will be released. cnn learned early details that include the department was part of discrimination against african-americans and found excessive number of traffic stops and even racist jokes shared by the department and court officials. sara sidner has been covering
the issues in ferguson for months now and joins us live with details. hello, sara. >> they are focusing in on these traffic stops. you can see some of those numbers. i want to share a new of those numbers with you now. they said, look, the population here of african-americans is 67%. when they looked at traffic stops and they looked at searches, this is what they found. 85% of the people, all of the people subject to vehicle stops by ferguson police department were black and 90% of those who received citations were black and 93% of those arrested were black and the numbers go on and on and on. and then there's that sort of last number there that's 90% of ferguson police force is white. that's what the department of justice is trying to say. look, there was this pattern. these practices that targeted
african-americans. and that is what caused some of this underlying tension before michael brown was killed by officer darren wilson who was never indicted. the grand jury decided that he did not create this situation and he did not do anything wrong or legally incorrect but certainly you have this sort of issue that was underlying that created this tension. they are putting the police department and the city on notice saying these are things that are a problem. you have to work this out. if they don't work it out, doj will go farther. they may bring a lawsuit and try to oversee the department itself. there are folks saying we think the police cheap should resign and the department should disban. the department has said to me and said all along the moment doj got involved and they were working with doj and we're
working on these issues already before this report came out so we'll have to wait and see how this progresses. for those protesting for weeks and months, they feel a bit indicated. they feel that this shows that there is some issues here that really need to be dealt with. john? >> message to the department seems clear. fix it or else. sara sidner standing by for us in ferguson. thank you so much. happening inside the supreme court, a hallmark of the obama presidency hangs in the balance. the court is hearing a new challenge to the accordable care act whether tax credits in 34 states are legal. stakes here are huge. if the court rules against the administration, more than a million people -- we've seen numbers of 7.5 million people could lose subsidies that help them afford health insurance. it could gut obamacare all together. we expect to hear what is going on inside the court later this hour.
our pamela brown and jeffrey toobin are inside listening to those arguments as we speak. hopefully we'll hear from them shortly. >> new plans this morning could complicate things even more. let's bring in dana bash. what's the latest? >> one of the main reasons why benjamin netanyahu wanted to come to congress or more appropriately republicans wanted him to come was not just to make the case on an international stage and to try to hit at the administration but to try to convince lawmakers they should back an amendment or a bill to have a say in these talks. right now if there is a deal among the allies and the u.s. and iran, nuclear deal, congress doesn't have a say unless they
insert themselves. what mitch mcconnell did while benjamin netanyahu was still in the building was try to fast track a piece of legislation which would give congress a say and basically if they passed it would say 60 days for congress to have hearings or approve or disapprove or let it go. it would give congress a potential say. this is a bipartisan idea. even still, democrats who are onboard and a co-sponsor, robth it is a terrible idea to fast track this. the reason is they want to wait until there is a deal. they want to give the administration breathing room to see if it works. these are democrats like you say who disagree with the whole idea of these talks with iran but still wants to not put the cart
before the horse and thinks that mitch mcconnell is making something nonpartisan, bipartisan. >> dana bash, thanks very much. appreciate it. other news right now, a suspect has been arrested for a series of shootings in the washington/baltimore area including one at ft. mead in maryland. a building on its campus has been damaged. the fbi has taken over that investigation. happening now, officials are trying to determine the fate of dozens of minors trapped underground in eastern ukraine. this happened after an explosion at the coal mine in the region of donetsk. one miner is confirmed dead. 32 others are missing. the explosion was reportedly not linked to fighting at the nearby front line in the war between the rebels and ukrainian government. instead, preliminary information shows that this may have been caused by methane gas. new this morning, frightening moments for people
onboard a turkish airlines flight after it slid off the runway in nepal. you can see the plane came to a stop. all 224 passengers were evacuated safely. officials said there was a small technical problem related to this incident. curt schilling is now a father striking out against trols trolls on twitter. the behavior coming after he congratulated his daughter because she pitched in college next year. curt schilling shamed offenders on his blog and informed their schools and their employers about what they were doing. >> the blog that i came out with was about the 57,000 because the first one was i'll get in my car and go somewhere and kill these people. you know, as a father, i have two jobs.
put a roof over my family's head and protect them. this was an attack on my family. >> one of those cyberbullies reportedly worked part time selling tickets for the new york yankees. the team says he's been fired and another was suspended from his college in new jersey. ahead for us, a pattern and practice of discrimination. the alarming new report about race and policing in ferguson, missouri. we'll ask a former chief of one of the country's biggest cities who is to blame here. and then sleazy and stupid. that's what one prominent national reporter calls hillary clinton's personal e-mail. we'll ask a key supporter to explain what's going on here.
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new this morning, a scathing report by the justice department on racial discrimination within the ferguson, missouri, police department will be released any minute now. cnn has some early details. the report concludes a disproportionate of african-americans were stopped, cited and arrested over a two-year period. 85% of all vehicle stops were of african-american drivers and 90% of all citations were to african-americans and 93% of all arrests were of african-americans. joining me now, former los angeles police chief bernard parks and also joining me is joe hicks, former executive director of l.a. human relations commission. chief parks, i want to start with you here. when you see these numbers, what's your reaction? >> my reaction is that there's been a long time issue in that
city that's been ignored as it relates to police relationships and institutionalizing good police tactics. i think this report just about identified what was obvious as it relates to the comments that were made during the demonstrations, after the shooting, but it is a good platform now to give a guide as to what are things that need to be done to bring this city and this department and this community together to create a good working relationship and a lawful police department. >> you have been in the middle of a big city that's had issues with race and arrests before. do those numbers on their face tell you that there is an issue, a pattern and practice of discrimination? >> i think the numbers can be deceiving because the population is overwhelmingly black. i think what's important is to use the numbers to get into the details to determine what are the causes, what is going on and
what officers might be more responsible. i think you use the numbers not just to report them but to really get into the facts of determining what is really going on in ferguson and how do you correct it. the numbers sometimes are misleading because they sound overwhelming but if you don't know exactly the details of the stop, the details of the arrest, it's often misleading. >> joe hicks, those numbers do sound overwhelming. i understand you think the issue is this. there are more black people committing crime, you say, in ferguson area. it's only natural there are more stops and more arrests. >> well, yes. first of all, it's good to be with my old friend, chief parks. we had a chance to do good work together. i need to dig in and get inside these numbers. it will be interesting to see what the pushback from the ferguson department is.
my impression is it wasn't a well run department. we need to understand what these figures mean. i don't think they automatically mean what assumptions are being made here. it's a predominantly black community which means some arrests are going to be predominantly black and a whole host of other things. my real concern is that there may be some politics involved here in terms of eric holder going after ferguson all of the way back to trayvon martin, i think he wanted to bring civil rights charges. he couldn't bring them against zimmerman. in the ferguson shooting he would have liked to have brought civil rights charges against the officer who shot michael brown. couldn't do it because the evidence that was brought forward so it fell on the shoulder to extract his pound of flesh, if you will, from the ferguson department. so, again, i'm kind of wait and see mode. i want to read this entire report and see what it really is saying and what the numbers say or do not say.
>> if there are bad things going on in the department and if there is a pattern and practice of discrimination, it hardly seems like political retribution. eric holder didn't tell jokes about black people and african-americans which is what was going on within that department over the years. >> well, we had one call in 2011 and one call in 2008, that hardly paints a picture of radically racist department. again, let me be clear what my position is. if you have a department that was discriminated against people that they were called to serve and that can be shown and it can be proven, obviously the department of ferguson has to defend itself against these charges. interesting what they have to say about these numbers. so my aim here isn't to defend racist behavior. my argument is this racist behavior and can the justice department actually prove that those numbers say what indeed they seem to infer. >> we'll get those numbers, the
full numbers any minute. right now we'll report them when we have them. chief, thank you for being with us. joe hicks, good to see you. appreciate you being here "at this hour." ahead for us, so why would hillary clinton run her own e-mail server from her house for state department business? a new report says she did just that. we'll ask a key supporter what's going on next. every truck can tow a boat. every truck can climb a hill. every truck can haul a trailer. but not everyone can say they're the fastest-growing truck brand in america. guts. glory. ram. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.
>>. >> this morning perhaps hillary clinton should not run for president. those words not from the republican national committee but a prominent respected national political reporter following revelation that mrs. clinton used a personal e-mail account during her four years as secretary of state. she had no government account at all. why would someone do this? was she trying to keep her messages from the public records? why only turn over some of the e-mails when asked well after she left office? i want to bring in our guests. ron, you moussed that perhaps mrs. clinton should not run for president following these revelations why? >> we covered her for a long
time. i have respect for both clintons and their passion and empathy and commitment to service. they both have been good to my family. but when you look at what's happening here the last few weeks, we have them taking foreign donations from those that support women and they spin and haven't addressed the problem. these are not secretary clintons. they're our e-mails. they're public record that needed to be maintained by the state department. for some reason she sets up a server in her house that keeps these records from the public and exposes them to forces that should be seeing the e-mails of the secretary of state and only explanation we get is this is trumped up. "the new york times" messed up the story. everyone is out to get the clintons. that's not true. public records were not
maintained for the public and secretary clinton has not explained why. >> you are a supporter of mrs. clinton. you work for ready for hillary. why did she use a private, personal e-mail account and not an official account for all of her state department business? this story begs a flow chart or something to outline points that make the story seem very different than a headline might scream. what she was doing was exactly what her predecessors were doing. it's fascinating frankly the more that we've learned over 48 hours of this story that there was nothing nefarious going on here but because this is new information for many of us, new familiarity with complex federal rules about these things, the governance of things -- >> it's not complex. the rule is clear. >> pardon me.
>> the rule is clear. those are public records. >> let's let tracy talk. >> the provision that was in operation while she was in office is the provision that she adhered to. when i mention that chronology is warranted here, it's because the things then changed after she left office. things further changed and were further implemented. this was an interesting story when you think about it in that chronology. more importantly and reason i'm here and i'm not here as any sort of federal record archive expert in the least nor do i think that ron would purport to be but what we do know is she was behaving in the same manner as predecessors and when the state department requested records not just from her but from those predecessors, she turned over precisely that. i've been trying to imagine just how big a stack of 55,000 pages might be. >> let's break this down in two parts. >> i don't know where to begin.
>> go ahead, ron. >> i don't know where to begin. first of all, she didn't turn over everything. she only turned over what she thought was appropriate. these records belong to the taxpayers. they should be maintained. i don't have to be lawyer to tell you that. second of all, secretary powell was operating under a different set of laws when e-mail was not a function of public life. even if he did violate regulations, i thought clintons were supposed to be better than the republicans. i thought they would hold themselves to a higher standard. i thought they were for doing the right thing for government. she hasn't done that in this case and hasn't done it by taking foreign donations and she should be held accountable. she should be explaining why she did this. why did she put a server in her house and not use government taxpayer servers? why does she have spokespeople making the case and why isn't she out there doing it?
>> tracy, why did she have a server in her house? i understand the law in 2009 when she was secretary of state didn't say she had to only use an official account but it said all e-mails, all of her e-mails while doing state department business had to be available and turned over to the state department. that was not done until after she left office and then only when it was sifted or handpicked by her staff. >> i would like to see how high a stack of 55,000 pages is. i imagine it's quite large. it's important to know that just because you will of us are on e-mail all the time, we wouldn't be experts on security. we live in an age of wikileaks and what have you. i have to believe the interesting conversation on the substance of your question would involve true technical experts who can speak to security issues
and reasons why some servers are more secure than others. that's not why we're here to talk. i can tell you that last night at the washington hilton and around the country, thousands of people did get to hear secretary clinton speak. she did open her remarks with a reference to her pantsuit and what color it was. i was thinking that in some ways she was making a reference to all of this that we are talking about. some will read something into it that isn't there. i think it's a subtle way of addressing this. what was not subtle was her remarks about middle class and growing the middle class and the support in that room and the enthusiasm and the overwhelming passion that people have for her to run and that same group of people is not the group of people that is paying attention to this story.
this might be as inside baseball as we can get. >> ron, last word? >> that's so typical of what we get from both political parties now. if hillary clinton had her way according to stacy, she would be allowed to give a speech where she talks about her bold tested themes and safe issues but they won't address something very simple like why mrs. clinton is someone who fought for rights of women her entire career, why are you taking donations from countries that suppress women and someone that fought terrorism as secretary of state and helped president obama push back on terrorists organizations, why did you take money from countries that support terrorism. she joked about it but she didn't talk about those issues. i would think those are relevant. also what she does or doesn't do with public records and why she wants to keep her communication secret. i don't think those are sideline issues. i don't think they are press issues. i think they are issues of accountability and transparency
that anyone who wants to run a millennial campaign needs to realize are important to the people and that's something to be dismissed. >> should she run and we hope she runs, i think these are themes we'll hear addressed and i also really caution people to draw such inferences off reporting that is frankly quite evolving. this is a good discussion to have but this isn't the end of it. >> right now we can only infer because we have not heard from her directly on this. tracy, ron, great to have you both with us. i appreciate it. >> thank you. ahead for us "at this hour," dr. ben carson wants to be the next president of the united states. a lot of people are talking about some recent statements. watch this. >> a lot of people go into prison and are straight but they come out and they're gay. did something happen while they were in there? >> how do gay republicans feel about carson's comments? in a moment we'll get reaction.
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>> why do you say that? >> because a lot of people who go into prison go into prison straight and when they come out, they're gay. did something happen while they were in there? >> dr. carson is a neurosurgeon but those comments are at odds with most of the medical community. the american psychological association says "most people experience little or no sense of choice about their sexual orientation." we'll talk more about this with gregorying gregory angelo. greg, thank you for being with us. your reaction to ben carson's comments? >> i find it absolutely unbelievable that here we are in 2015 discussing whether or not being gay is a choice. still we are having these discussions. i'm actually more taken aback because today should be a day that republicans should be united in our messaging. we have a tremendous gift with this controversy about hillary clinton using her personal e-mail address for official
government correspondents. we have historic supreme court case today about illegal subsidies in obamacare. you have one gentleman who has his eye on the white house on the republican ticket apparently. one ridiculous comment he makes about sexual orientation that's out of touch and now forces every republican out there, myself and every republican on the campaign trail for 2016 to answer whether or not they, too, they'll going to prison is something that can turn someone from straight to someone that's gay. absolutely unbelievable. >> he's a serious candidate right now. oo he ran fourth in the cpac poll. do you think there are people in your party that agree with his opinion? >> unfortunately i think dr. carson is not alone. we have done a tremendous amount of work at liberty education forum which i head up debunking
myth that being gay is a choice. apparently there's still a lot more work that we need to do and work that advocates need to do not just to educate dr. carson who clearly needs to be updated with the medical science on the issue of sexual orientation but with those people around the country who are still stuck in the stone age and think that being gay is something that is a choice. >> do you feel that someone who holds those opinions should be the nominee of your party? could you support that person if he was the nominee of your party? >> i've seen a tremendous backlash not just from people in the general electorate over the last several hours since dr. carson made his ridiculous comments but people within the republican party, some conservatives and people who i consider to be friends and allies myself that look at me and are just shaking their head about this. comments like the ones dr. carson said today that being fwgay
is a choice and all you have to do is look at prisons for confirmation that's the case shows this man is not serious about the white house or having mature conversations about issues that resonate with voters. whether there's people that still want to connect to him. i'll say this. there's a tremendous message that dr. carson has about people's unhealthy alliance on the welfare state and dependence on government. if that message is going to break through, he has to get past these distractions like saying being gay is a choice. saying that shows not only is dr. carson not someone who will have serious conversations on the campaign trail but someone prone to mistakes and these verbal slipups that will drag down the rest of the ticket. even though he hasn't officially announced yesterday, i see his campaign as largely as a nonstarter before it's out of the gate. >> great to have you with us this morning.
thanks so much. >> thank you, john. >> "at this hour," opening statements under way at the trial of accused boston marathon bomber. we'll lay out the defense strategy to keep him alive. ♪ hi, tom. hey, how's the college visit? you remembered. it's good. does it make the short list? you remembered that too. yea, i'm afraid so. knowing our clients personally is what we do. it's okay. this is what we've been planning for. thanks, bye. and with over 13,000 financial advisors, we do it a lot. it's why edward jones is the big company that doesn't act that way. having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time.
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our breaking news from the supreme court, they just finished listening to arguments in the crucial case of a challenge to the affordable care act if justice ts decide one wa it could take away subsidies. jeffrey toobin was inside listening to those arguments. in 20 seconds or less, lay out what this case is about. >> reporter: this case is about whether millions of people in 34 states, the 34 states that do not have state exchanges, state
marketplaces under the affordable care act, whether those millions of people will be able to keep the subsidies they have for their health insurance. 90% of the people on those exchanges get subsidies and issue in this case is whether people on federal exchanges get to keep those subsidies. >> that's the crux here. will people get to keep their obamacare subsidies. what did you hear inside that court? which way do justices seem to be leaning? >> reporter: point one, it can be a big mistake, which i have made to over read and think oral argument can tell you how people will vote. let me tell you how the justic s spoke in court. some justices were tough on the lawyer challenging the law.
two of the republican justices, justice aleito and justice scala were tough on the lawyer that defended the law. justice kennedy said several things that could be interpreted a different way. perhaps the most surprising to me as a regular court watcher was that chief justice roberts, who is usually a very active participant in oral arguments, said almost nothing for an hour and a half. i guess he was keeping his powder dry. it was an unusual experience in that regard. >> of course chief justice john roberts always matters but he matters particularly much in this case dealing with obamacare. it was his vote and his opinion which declared the entire law to be legal a couple of years ago. perhaps not wanting to show his cards right now about where he
sits on this particular decision. >> reporter: that certainly occurred to a lot of people in the courtroom that he was so much a focus of attention because of his vote in the first obamacare case in 2012 that he somehow didn't want to give people a preview of how he was thinking about this case but it's unusual. the chief justice is usually among the most active questioners and he said barely a word. >> jeffrey toobin outside of the supreme court. we'll hear much more about this in coming minutes and hours. thank you for being with us. we'll take a quick break. we'll be right back.
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more news just in for us. opening statements in the trial of accused boston marathon bombbom bomber dzhokhar tsarnaev. the blast left three people dead. more than 260 others injured. m.i.t. police officer was also allegedly ambushed and killed days after. that's what the prosecution laid out but the defense really surprised people today. i want to bring in cnn legal analyst mel robbins and surprising thing for those watching this case, attorneys went in during opening statements and said it was him. dzhokhar tsarnaev did this but their argument, the entire argument, is he was under the influence and control of his brother. >> good morning, john. you know, i'm not surprised at
all. in fact, it's a very smart strategy. why? why would they admit that he did it? what we've been telling you is this is a trial with two phases. one is the guilt and whether or not he's guilty for the up to 30 different charges and the second -- this is the major part of the trial -- the death penalty phase. what these defense attorneys have basically done is they've removed the question of guilt. and what that means is that every time they question a witness, the jury is not only going to be listening for whether or not he's guilty of those charges but more importantly, wow, does this mean i should sentence him to death or that i should sentence him to die in prison without the possibility of parole, john? >> so this entire case now -- by the way, it will be the same jury that decides the sentence as decides guilt or innocence, that's after the fact. this entire case now for the
defense, they're basically arguing the sentencing phase. even though guilt or innocence on the murders will be decided first. >> yeah, it will be decided first. but what they've essentially done is they've basically taken the spotlight off of whether or not he did it they just said, look, he did it. they're still going to go through the state of the trial because the state has to prove it because we live in a country where it's the state's burden. they may stipulate to certain things so that the testimony doesn't get too graphic. but what they're going to focus the jury on and what they're going to focus everything on is the pressure on tsarnaev, on his love for his brother, on the fact that he was highly influenced by the brother. they're also going to point out every chance they can where the brother was the mastermind. they'll bring in panels of the boat where tsarnaev wrote certain things on the boat but they'll also bring in the side of the boat that was riddled with gunfire. and they'll paint a picture for
this jury. i think this is a very good jury for the defense. you have ten women and eight men. and multiple women on this jury say they're against the death penalty personally but they're open to it under certain circumstances. you also have a man on this jury who said that he thinks the death penalty is the easy way out. so what these jurors are now doing is considering whether or not the death penalty is the sentence or whether or not there are circumstances that make them want to sentence him to life without the possibility of parole, john. >> and they're thinking about that and deciding that right from the get-go now. mel robbins, thanks so much. fascinating day in court in boston. ahead for us "@this hour," isis gets ready for a fight in saddam hussein's hometown. so why didn't they tell the united states they were doing this? why did they tell iran? each day, more and more families are forced out of their homes in the fighting in iraq. nearly 2 million children have
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now with the you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. happening now, there's a battle raging in a key iraqi city, tikrit.
you see it right there. iraqi forces are making progress, they say, to retake the city from isis. they're doing so, though, without any real american help. it's iran who seems to be taking a bit part in this particular mission. want to bring in cnn counterterrorism analyst phil mudd. you worked for the cia in this part of the world during the battles in iraq over the last 10, 15 years or so. let me ask you point-blank, is it a good thing, a bad thing that this operation is happening in t and the u.s. has no involvement? >> it's inevitable. this is almost like we're viewing iran's decade rolling out in slow motion. look at what we've witnessed over the past couple of years. iran's dictator bashar al assad getting bachan his feet and iranian supported government in lebanon controlling a country they did not control a couple of decades ago. the houthi rebelled backed by
iran taking over the capital. now looking to the west, you have a shia-backed government in baghdad in iraq starting to roll through sunni territory. it's inevitable the iranians are going to look at what happens and say, we have a shia government in baghdad, this is our chance to shine, let's go back them. >> do you think the u.s. should step in and say, don't use the iranians here, we want to be part of this? would it be better to have u.s. forces there helping, at least from the air or from a logistical standpoint? >> the question is moot. it's not possible. let's go thousands of miles away and sit in baghdad for just a moment. iraq is 60%-plus shia. the government is led by shia. they have a long border with an aggressive iranian government that has an army that's perfectly willing to help them in this fight against these sunni militants, that is isis. thousands of miles away, you have a u.s. government that's proven, whether you like it or not, to depart this region when the battle gets too tough.
we left afghanistan. we're leaving iraq. if you're sitting in baghdad and you're a shia government led by a shia prime minister, what would you do, john? i can tell you what my answer is. it's not a pretty answer but it's reality. i'd look across the border and say, i know who's going to be here, that's iran. i'll back with them. >> phil, you worked with elements of this government over the years. do you trust the shiite-led iraqi government? >> it depends on what you mean by "trust." if the question relates to, do i believe they support the american concept of democracy, my answer is, no. you have 60%-plus of the population that's shia. when they win government, they'll say, we own the show. we don't have to pay as much attention to these sunni tribes. if your question is whether they have equipment to eliminate isis, i would say absolutely they do. isis is a sunni militia, sort of insurgency that threatens the government. so i'd say depends on what you mean by "trust," john. >> i trust you, phil mudd.
thank you so much for being with us. >> thank you. thanks for joining us "@this hour." "legal view" with ashleigh banfield starts right now. what does it say about a city when 90% of people who get traffic tickets and 93% of all the people arrested are black? out today, the u.s. justice department's investigative report on none other than ferguson, missouri. in boston, flashbacks to the blasts at the finish line and the manhunt that paralyzed that city as dzhokhar tsarnaev goes on trial for his life. and did the arguments that we just heard in the u.s. supreme court deal any kind of a fatal blow to the