tv MSNBC Live With Thomas Roberts MSNBC August 12, 2015 10:00am-12:01pm PDT
good to be with you, i'm frances rivera in for thomas roberts. this hour on msnbc, developing news. a u.s. military blackhawk crashes off the coast of japan. seven injured. so what went wrong? plus, coming up, the epa admits fault for 3 million gallons of toxic sludge in the a animas river. could the agency soon face legal action? we start with the republican and democratic front runners for the 2016 presidential race. donald trump is back in rare form and we'll have more on that in a moment, because hillary clinton, she's got a two-front problem on her hand. a new poll shows for the first time that she may be losing in the new hampshire primary to democratic opponent bernie sanders. potentially more damaging, however, are the latest developments in her ongoing e-mail saga. after months of refusing republican requests, she has finally agreed to hand over the private e-mail server she used
while secretary of state. also being handed over, a thumb drive with copies of the e-mails. meanwhile, a government report finds that two of the e-mails already turned over contained information deemed top secret. that's a much higher standard of classification than previously known. and moments ago, my colleague spoke with a congressman at the forefront of demanding clinton turn over the server, south carolina's trey gowdy. >> for 20 months those e-mails were neither too burdensome or too cumbersome. it was only when our committee began to ask the state department for her e-mails that she said, you know what, it's been 20 months. gosh, i really need to get rid of this stuff. i just don't think that passes the laugh test, but i haven't had a chance to ask her about it either. >> joining me now from washington is kristen welker. kristen, it can be confusing to understand this partly because the clinton camp is arguing that this is a bureaucratic fight between the state department and the intelligence community as what is designated as top
secret. so given that, how big of a blow is this for the hillary camp? >> well, every time there's another headline about the e-mails, it's a blow to the hillary camp, frances. just to break it all down, because as you point out this is very complicated, the hillary campaign says, look, any e-mail that was classified was designated as such after the fact. secretary clinton has been adamant when she was pressed about this issue that she never sent or received an e-mail that was designated as classified. i was traveling on the campaign trail with her back in july when we pressed her about this very issue. take a listen to what she said to say. >> i am confident that i never sent or received any information that was classified at the time that it was sent and received. >> reporter: but the broader problem here, frances, is that it all raises a question if there were in fact two top secret, highly classified e-mails on her server, were they secured in the same way that a government server would have
been, for example. that is one of the key things investigators will be looking into. back to your question, every time the clinton campaign is answering questions about secretary clinton's e-mails, they're not focusing on the policy issues they want to be focused on, things like creating jobs. yesterday she was in new hampshire talking about her plan to lower the cost of a college education. instead, that all gets overshadowed by this ongoing flap. it is taking a toll in the polls. you have a majority of people according to recent polls who say they don't think they can trust her. that is something that is going to be challenging in the months ahead. clearly this e-mail issue doesn't seem to be going anywhere, so it could be a nagging problem well into the 2016 race. >> part of this 1-2 punch, kristen, not only do you have this e-mail with the revelation she has released the thumb drive and also those two e maims were classified as top secret. also this poll here, the latest in new hampshire, trailing now
behind bernie sanders. what more is it telling us? >> well, it's a pretty stunning poll. we all woke up to it. bernie sanders 44% primary democratic voters choosing him as compared to hillary clinton, who has 37%. it's really important to point out, frances, this is a small poll. only about 400 people were sampled. however, it's significant insofar as it points to this trend. we're seeing bernie sanders get really big crowds. he is getting a lot of progressive democrats who aren't sure that hillary clinton lines up with their views when it comes to big issues like the economy, like banks, that sort of thing. so this seems to be a trend. the clinton campaign will have to address it. by the way, they are addressing it. secretary clinton has been trying to weigh in on issues that she thinks progressives care about. so this is something, though, that continues to dog her campaign. of course back in 2008 she was expected to win, and we all know what happened there, so there's
a little trepidation that could this be a repeat of that. there is no doubt that bernie sanders is a credible threat at this point in time. on the other hand, you'll recall the campaign of howard dean. he got really big crowds at the start and then couldn't cross the finish line in the end. >> a lot to see how the clinton campaign will turn this around, especially after these two hits today, kristen welker, thank you very much. good to see you. that brings us to today's bing pulse question, is bernie sanders a threat to hillary clinton's campaign? head to pulse.msnbc.com. we'll bring you updates on how you're voting throughout the next two hours here on this show. meanwhile, donald trump is flying high after his latest controversy involving fox news' megyn kelly. last night he was on the campaign trail in michigan and he spoke to local republicans in birch run who enthusiastically received him. trump spent the night reciting familiar talking points about being great but also attacked several of his fellow republican candidates as well as hillary clinton. take a listen to that.
>> jeb bush or hillary or one of these politicians all talk, no action. lindsey graham is at zero. legitimately, i saw it on television today, zero. the other one, perry, is at 2% and he was at 5% when he started going after me, so something happened. now it's rand paul. do you believe it? he's the new one. i said, rand, i've had you up to here, i've had had you. >> msnbc's jane tim joins me now. jane, thanks for being with me here. as we chat we have to consider these two new polls that came out yesterday both showing trump still in the lead for now but some are closing in as far as scott walker and the other candidates. is there any sense that maybe he's lost some momentum here, especially as some of these other candidates rise? >> you know, trump is going to dominate the polls for a little while. he dominates the media cycle, he's of course very popular and draws a certain crowd, but you have to look below the surface here and that's where i see the
real story. we saw people in iowa in one of those polls who actually watched the debate, they tied scott walker with donald trump, which shows that there is definitely an appetite for other people. the more exposure the republican voters get to donald trump, the more they may look elsewhere. we also saw in the new hampshire poll, we saw john kasich shoot up in the polls into double digits. i think he came pretty close in there. and that's really important to look at. he's not well known around the country, but he comes from ohio. it's a very important state. so clearly there's an appetite for other candidates. and i think that's where donald trump may start to dip in the polls. >> and also a growing appetite when it comes to policy and his stance on that. actually during an interview on fox news last night, trump was asked about his previous stances on abortion and other areas where he doesn't exactly toe the line when it comes to base republicans out there and that core. especially when he's talking about planned parenthood, not necessarily defending their
aspect on abortion but saying they do good work out there outside of abortion. how big of a problem would this be for him? >> it's shocking. you hear him defending planned parenthood. that's like opening a grenade for the rest of the republican party. remember the trump fans, he's a candidate of personality. it's his success, it's making america great again, which he trademarked today so no one else can do it. this is what they like. they like his straight talk, truth to power. it's all about how he tells it. the specific policies are less important at this stage. but it's going to alienate everybody else in his party. >> especially when he's saying i'm a dealer, you don't go with plans, you go with a certain flexibility and sort of wheel and deal. so let's see how he goes about wheeling and dealing, especially when it comes to the issues at hand, msnbc's jane timm, as always, thank you. >> thanks. >> john nathan allen, we were j talking about trump last night and his words about planned parenthood. let's listen to what he had to
say about that. >> you have it as an abortion clinic. now that's actually a fairly small part of what they do. i'm totally against the abortion aspect of planned parenthood but i've had many women, i've had many republican conservative women come up and say planned parenthood serves a good function other than that one aspect. >> not necessarily something that you'd hear on planned parenthood as far as the republican base expects, but when it's donald trump and, you know, his chosen words, especially when it comes to women, have been sort of in the microscope as of late. is this something that's going to be a problem for trump or is he trying to reach out to the women out there that may be scurrying from his latest comments? >> i think he's taking a position that's popular with the electorate. 97% of what planned parenthood does is completely noncontroversial. in fact i think supported by the vast majority of the public. if you look back in history, jeb bush's grandfather raised money for the first planned parenthood fund-raising drive. his facilities created title x
under which planned parenthood gets most of its federal funding. planned parenthood itself is not an issue, it is a vehicle through which people who are opposed to abortion are attacking legal abortions and attacking federal funding for it. so i think donald trump is actually going to find that he has a fair amount of support for that view. >> turning now to hillary clinton, especially when it comes -- you know, this latest poll, bernie sanders surpassing her, and we're talking about our bing pulse question when we ask is bernie sanders a threat to hillary clinton. there's that new poll from the "boston herald" and franklin university that has sanders ahead of clinton. so talk a little bit about your thoughts on that and especially when it comes to a lot of the democratic voters who still think that hillary will come out as the nominee and the potential for a protest vote, i guess. >> if it's hillary clinton versus bernie sanders going down the stretch, don't put a lot of money on bernie sanders to win. the problem for hillary clinton is that it's exposing some
vulnerability which could encourage other candidates to get in, particularly vice president joe biden, and of course as a general matter it shows her to be a little weaker heading into the general election if she does in fact get the nomination. if i were her folks, i'd be a little concerned about it. i'd be organizing like heck to try to make sure that i could win in every of the early states. but bernie sanders isn't going to beat her with larger numbers of african-americans, with large numbers of hispanics. new hampshire is a particularly good state for him, extraordinarily white and right next to his home state of vermont. >> concerned about those poll numbers that bernie sanders is pulling in as well as this e-mail controversy that's still not going anywhere, jonathan allen, thank you very much for the perspective. >> take care. developing news overseas. a brutal execution at the hands of isis. militants have beheaded a croatian hostage. an nbc news counterterrorism analyst has confirmed he was working as a geoscientist for a
firm in cairo when isis kidnapped him on july 22nd. developing news now overseas. a u.s. military helicopter has crash landed off the island of okinawa in japan. 17 people were onboard the flight, seven of whom had to be hospitalized after the blackhawk chopper had to perform a hard deck landing on the u.s. navy ship red cloud. okinawa is an island 900 miles from tokyo that houses most of the u.s. military forces stationed in japan. nbc's kelly cobiella is following the story for us in london. kelly, any update on the condition of those injured? >> reporter: hi, frances, nothing so far from u.s. pacific command but the japanese government said today that two members of their special response unit, a group of japanese who were onboard and training with the u.s. military, were hurt. one has broken bones, the other cuts. but we have no details beyond that, no details on the other five.
the pentagon is calling this a hard landing. it happened about 20 miles off the coast of okinawa during a training exercise with japanese. the h-60 helicopter came down on the tech of that u.s. naval cargo ship, red cloud. you can clearly see the tail broken in two. japanese patrol boats and helicopters were sent out to search for the helicopter crew at first, but that call for help was cancelled. u.s. pacific command said seven of the 17 onboard were injured. at least two of them, as i mentioned, japanese. all were taken to a u.s. military hospital on okinawa. frances, the cause of this is still under investigation. >> all right, nbc's kelly cobiella for us out of london. thank you very much. coming up, the epa has admitted fault for that toxic sludge that turned the animas river orange. could it soon face legal action over the spill? plus deflategate and the scandal has tom brady back in a courtroom today and court just wrapped up.
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now to some developing news on that toxic sludge pouring now through three states. the head of the epa is expected to visit colorado and new mexico today to tour the spill. colorado governor john hickenlooper remains optimistic with my colleague, andrea mitchell. though last hour he said he's not sure whether the state will sue over what happened. >> i think we might have dodged a bullet, we might have been very lucky and had a visually appalling situation which in the end is not going to leave us with a whole lot of negative consequences. >> the spill began on wednesday when a dam was breached inside the gold king mine in colorado. then it spread to new mexico and now it has moved through utah,
through the san juan river. it's on its way to lake powell, a key water source for the southwest. msnbc's scott kohn joins me from durango, colorado. good to see you. the governor of colorado just told andrea mitchell that the river appears to be back to normal. are you seeing the same thing? >> well, from where i sit as an untrained person, not a scientist, yes, 50 miles or so downstream from the accident it looks as if the animas river is running clear. but even i can see that there's sediment on some of the rocks, sort of a bathtub ring effect, you can see it on the river banks and that's the concern is what's left behind as the plume moves through. we already know that the attorneys general of the affected states and potentially affected states are meeting today to try and determine their course of action and the navajo nation, who says that this spill runs through some 200 miles of their land, they're saying that
they are considering suing the epa. the president of the navajo nation telling nbc news that the epa should have known about this. this should have been a super fun site before the spill and now they're hoping the government will release billions of dollars of cleanup money to make sure this is cleaned up and doesn't appear again because they say this spill has affected their way of life. in the meantime the ramifications for everyone else along hundreds of miles of river still waiting to be seen. frances. >> sure. and not even knowing the long-term effects from that spill. msnbc's scott cohn, thank you. more on what colorado governor john hickenlooper told my colleague, andrea mitchell, in the last hour. >> obviously the imagery that was broadcast throughout the world this past weekend, that was bad enough. but the flush, the surge of water that came through with heavy metals, high acidity, it appears to have gone through kind of like a slug of water and
kind of cleared things out. >> dan is with the san juan citizens alliance. dan, i want to talk about that especially with the reassurance from colorado's governor. is that any consolation to you when it comes to the contamination levels that they are back to pre-spill levels? >> you know, i think as your reporter said -- first off, i want to put the broader context, i think that we are all hoping for a good outcome and wanting to return to life as normal as quickly as possible. that said, i'm not sure we have the science back yet to give us the all clear. as pointed out, there's a lot of sediment deposition along river banks and until we do the testing and have a scientific answer to that question i'm not sure how we can make that determination. >> it's not enough that a governor goes to a hatchery with fish and found of 180 fishery leased only one has died. you're hearing that. is there still the concern as
far as the potential health effects now even with word that some of that yellow sludge may be clearing as far as concerns about drinking water, bathing water? >> absolutely. so there's two different ways to think about this event. one is the initial surge of toxins and following up on that is what's left behind. until we know what's in the sediment and how much of that sediment is in the river bed, we simply don't have enough information to answer those questions. we're hoping for the best outcome but we need to make these decisions based off of something science and good sampling data. >> good science and good sampling, many people questioning how this happened to begin with. the epa accidentally shook loose a debris dam releasing all this water with the arsenic and lead and toxins, is that something that you're questioning, how did this happen in the first place? >> again, i want to blow it out a little bit more and look at the bigger picture perspective. the epa was trying to clean up an ongoing pollution concern in our communities. the headwaters of the animas
river is a historic mining district that every minute is leaking pollutants into these waterways. the epa was trying to identify and address these leaks and in so doing triggered a very nasty accident. if you were to think of an analogy, if someone plants a bomb in a crowded market and someone goes in to diffuse it and it blows up, who's at risk, the bomb maker or the diffuser. >> so how do you feel as far as the epa and their job addressing this, are you satisfied with that? >> i think early on and even today some of their communications i think could definitely be improved. there are so many questions with regards to is the water healthy and what would healthy even mean? so we would like to see better data and better communication from the epa but i think this is a phenomally difficult situation covering such a large stretch of river and such a complex problem that i don't think anyone could have all the answers at this point. >> and how about the concern for other mines? i know those areas especially in
call ralolorad colorado, there are a lot of similar mines. any concern of it happening again or danger in the future? >> absolutely. i mean not even around colorado. i'd say a couple hundred yards downhill of this mine there are two mines that are leaking pollutants into our waterways right now. so for the ongoing question, not just how do we fix this spill, which to be honest we may not be able to clean up or remediate, but how do we address the legacy of mining and the toxic mine pollution that's been left behind for literally over a century worth of mining. >> something that may be tackled long after that river in particular cleans up. thank you, dan olson, appreciate your time. still to come, verizon ditches contracts for new customers, but there's a catch. why it could end up costing you even more. also ahead, selfie stand-off, it has pitted kim kardashian against the fda. n yoa them so different? did you hear that sound?
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some developing news from wall street to bring you. stocks down after a surprise devaluation by china. the world's second largest economy. take a look, the dow currently at this number, a little over 100 points, so again the dow down a little over 100 points. you see that slowly going up to 103. we are watching that throughout the afternoon here. also developing, word that kraft is cutting 2500 jobs, including 700 employees at its national headquarters in illinois. the fda is issuing a warning now after kim kardashian posted a selfie on instagram promoting the morning sickness drug diclegis. the drug maker paid kardashian for that post and now the fda says the post failed to communicate the drug's potential risks. the post has since been deleted but a revised instagram post could be ahead for kim's 42.4 million followers. the influence of the kardashians.
hillary clinton meets with activists from black lives matter. i'll speak with one of those people in the meeting. that's next. also ahead, beatings, threats of water boarding, prisoners alleging abuse in the days after the summer's brazen prison escape. plus this. >> compton's very own ice cube and dr. dre. i've got to tell you, you are witnessing history. >> "straight outta compton," the movie's screen writer joins me. that's coming up. okay! fun's over. aw. aw. ♪ thirsty? they said it would make me cool. they don't sound cool to me. guess not. you got to stick up for yourself, like with the name your price tool. people tell us their budget, not the other way around. aren't you lactose intolerant? this isn't lactose. it's milk. ♪
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the lead organizer with black lives matter boston, one of the five activists who spoke with hillary clinton, good to see you here. i'm sure you didn't expect to have this one-on-one with her especially when you went in and found a crowded room and was headed to the overflow room. but the first question you asked during that time was about what you say are the former secretary and her husband's policies concerning the war on drugs and its effect on communities of color. from what i read it didn't seem like you were too satisfied with her response. your words, you said you heard a reflection on failed policy instead of a direct answer that you were hoping for. is that the case? >> absolutely. what we were looking for is a reflection on her and her family's involvement in those policies that are inherently anti-black and perpetuation of what is supremist violence. the clintons hold a unique spot and have had more influence than most other people in the world, and especially her out of all of the candidates has had more
influence over those policies than anyone else. and so we wanted to hear very specifically about her personal involvement. >> and do you think that she didn't quite understand what you were looking for? one of the other members you were with said she was not willing to take responsibility or give much voice to the anti-blackness. she just validated some of the points we offered, speaking to those in your group, but didn't offer any of your own. what were you hoping to hear? >> right. i think that she absolutely understood. she's brilliant. the question that was asked, but again, like i said, yesterday we did receive a political answer that was based in acknowledging some of the failures of the policies, but again not her personal involvement in perpetuating violence against black people. >> all right. since you didn't get that answer, are you going to keep trying? are you going to go about other means in trying to get an answer from hillary clinton and even other candidates as well?
>> this is a strategic movement, the black lives matter network is made up of 25 chapters across the country and we are absolutely pushing all of the presidential candidates to affirm their stances on this movement and on their commitment to black lives. >> we've seen your efforts over the weekend, two activists interrupted bernie sanders' speech as well, so hoping to at least follow you along and see if your message gets across and if you get the answers that you're looking for. thank you very much. >> thank you. democratic presidential contender bernie sanders has quickly become the biggest draw on the campaign trail, but will his momentum affect the party's current front runner? we're asking you to weigh in. is bernie sanders a threat to hillary clinton's campaign? let's take a look at our scoreboard so far since we launched this at the top of the hour. 77% of you at home say that is the case, yes, bernie sanders is a threat to hillary clinton's campaign. 23% of you say no. keep your votes coming as we continue this discussion.
head to pulse.msnbc.com. of course there's still much more to come on the road to 2016 and also continuing to look at your votes. new fallout now tied to that brazen escape from a new york prison by two convicted murderers. a "new york times" investigation reports that in the hours and days after the escape, corrections officers inside the prison allegedly carried out what seemed like, quote, a campaign of retribution against dozens of inmates. in interviews and letters, prisoners claim they were beaten while handcuffed, choked and slammed against cell bars and walls. nbc news has not independently verified these claims. and developing right now, new york city, the first federal court hearing in the nfl's deflategate scandal has just wrapped up. new england patriots quarterback tom brady is filing a lawsuit to reverse the four-game suspension handed down by the nfl. that's by nfl commissioner roger goodell for his alleged role in the deflation of footballs
before the afc championship game. nbc's rehema ellis joins me live from new york city. you just came out of court. what happened in court today and did roger goodell and tom brady actually go face to face? >> reporter: they didn't actually go face to face. they were almost like back to back, if you will. tom brady sat behind roger goodell in the courtroom. neither of those two men spoke in the courtroom. there was some time that they spent separately in the judge's chambers. we do not know what occurred, what the conversation was in the judge's chambers. the judge said that in this court hearing he was going to proceed on two tracks. he said there will be the litigation track and the settlement track. he said that most often cases like this end of settling and he thought it might be something that the parties might want to consider in this case as well. i should tell you there was a lot of discussion in the court, in the judge's chambers. about 20 minutes in the judge's chambers for the nfl and about
30 minutes in the judge's chambers of him talking with tom brady and the players union. then they came out into the courtroom and the judge began his questioning of both the nfl and questioning of the players union. and the judge said he wanted no one to infer anything about his opinion in this case based on the kinds of questions that he would ask. he was very pointed when he asked questions of the nfl. he said, is there any evidence in this case based on what was written in the nfl he says, there is less evidence that tom brady was likely involved in any direct tampering with these footballs. in this case deflategate. when he asked directly is there any direct evidence linking brady to tampering, the nfl had to say no. but they said there is a preponderance of information that would suggest he was involved. at the point when the players association representing brady came up, they said that proves
that this should be thrown out and that the suspension of tom brady should not stand. frances. >> all right, rehema ellis, all of them hoping for a resolution before september 4th, that's six days before the patriots season opener. thank you very much. now more developing news. espn reporting that former jets linebacker, i.k. enemkpali could face criminal charges or nfl discipline for injuring a teammate in a locker room brawl. he was cut from the team yesterday after sucker punching geno smith in the locker room. smith suffered a broken jaw and could miss six to ten weeks of the season. it's being called the end of an era for cell phone customers. verizon wireless, the nation's largest wireless provider, is eliminating all cell phone service contracts. before you start counting up all your free minutes, just be aware the move does come with a catch. matt lauer explains. >> can you hear me now? >> reporter: remember this verizon commercial? >> can you hear me now? >> reporter: verizon is ditching
all of its cell phone contracts. no more confusing payment plans. no more being stuck for the life of the contract. no more free phones. wait, hold the phone. yes, that's the catch. in return for the freedom of being unchained from verizon, you're free to buy any smartphone you like at full price. before now you could sign a contract with verizon and get an iphone 6 for $200. you can still get one, for the retail price of $649. analysts say you were never really getting a discount, just paying off the phone over the length of the contract. with this new plan you can still do that, but you also have to pay an access fee for the network. t-mobile has been using this model for a while and at&t and sprint are moving in that direction. >> that era of contracts and subsidies and really confusing dealings with the mobile phone companies is over. it's going to be simpler. you're not really going to pay that much less in the long run, but at least you'll know what you're paying and you'll know
what your phone is worth. >> you're not stuck with them for two years. that was nbc's matt lauer reporting. if you're a current verizon customer, you have the option of keeping your plan until it expires. if you decide to switch to the new plan, there's no going back if you don't like it. a police officer fired after allegedly shooting and killing an unarmed college football player. we'll head to texas for the latest on this investigation, next. and ahead next hour, an msnbc exclusive. i'll speak with the attorney headed to federal court to challenge the last remaining lgbt adoption ban in mississippi. as we age, certain nutrients... ...become especially important. from the makers of one a day fifty-plus. new one a day proactive sixty-five plus. with high potency vitamin b12... ...and more vitamin d.
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no student's ever been the king of the campus on day one. but you're armed with a roomy new jansport backpack, a powerful new dell 2-in-1 laptop, and durable new stellar notebooks, so you're walking the halls with varsity level swagger. that's what we call that new gear feeling. you left this on the bus... get it at the place with the experts to get you the right gear. office depot officemax. gear up for school. gear up for great. the st. louis county police have released surveillance video they say shows 18-year-old tyrone harris, the man in the white t-shirt and spotlighted, appearing to pull a weapon from his waist band before he was later shot by plains clothes police officers. the video was given to police by a local business and police released the video to dispute claims from some reports and some eyewitnesses that harris
didn't have a gun. harris remains in critical condition and phases several charges. also we're learning the state of emergency in ferguson has been so successful that st. louis county police have extended it to another 24 hours to keep the streets safe and peaceful as those demonstrations continue a year after the shooting death of michael brown. now turning to texas where arlington police officer brad miller has been fired after he allegedly shot and killed unarmed 19-year-old christian taylor last week. in announcing the decision, police chief will johnson said miller caused a deadly confrontation and put himself and other officers in danger. >> the facts available demonstrate that officer miller exercised inappropriate judgment by entering the building alone. this unilateral decision to enter the building and to continue the pursuit deeper into the building upon making contact with mr. taylor, along with failing to communicate with fellow officers or develop an arrest plan, created an
environment of cascading consequences. >> the police chief says the investigation is ongoing and there will be a grand jury investigation. msnbc's adam reese joins me live from arlington, texas. adam, what was the turning point that led to the police chief's decision to fire miller? >> hi, frances. he said a series of bad decisions, bad judgment on the part of officer miller. that's what led to christian taylor's death. most troubling for him was the fact that officer miller entered the building alone and didn't even tell his partner he was going in. i want to read you a statement from the union here in arlington that reads the arlington municipal patrolman's association supports officer miller's right to be judged fairly and completely on the facts instead of a snapshot developed in only days. investigations take time and as chief johnson acknowledged, this investigation is not close to being concluded. i should point out that there was never any physical contact between officer miller and christian taylor. according to the report, they
were always seven to ten feet apart. but officer miller said he did fear for his life. frances. >> all right, msnbc's adam reiss here. talk to us before we let you go, what's next in the investigation, especially knowing that there is no video. there's still kind of that blank space in knowing what actually happened inside the showroom. >> reporter: police officials say, and we also talked for the gm of the car dealership, there were no cameras inside that dealership that might have shown the confrontation, only outside. the investigation hasn't concluded yet. the police chief says there's still more to go, but he's already working with the district attorney handing over evidence. the district attorney will then present it to a grand jury. officer miller has been fired, but he could also face criminal charges. frances. >> a lot more that could happen, msnbc's adam reiss, as always, thank you very much. "straight outta compton," the movie screen writer joins me next. plus the perseid meteor shower hits this week. we'll break down the best ways
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this song glam rised gangs and drugs. >> our art is a reflection of our reflection of our reality. >> speak a little truth and people lose their mind. >> this isn't the crypts and bloods this is a threat from the federal government. >> they're trying to tell us what we -- >> yo, dre, what up? i've got something to say. >> makes you want to watch. back in 1988, when nwa came out of "straight outta compson" many didn't like what they had to say. brutally honest rhymes and hard core beats to vent frustration with brutality, racism and social inequities. the music biopick "straight outta compton," after five days after racial upheaval citizens
rebelled against law enforcement which they perceived as racist and abusive source. jonathan herman, full disclosure here as we chat with you. msnbc and universal share the same parent company. let's get right to. people are writing about you, you hit theaters friday and l.a. times article says "straight outta compton" a sign of a harder edge storytelling but it seems the movie may have not gotten away with broader issues, if not the mass appeal of the music and the fact that you know, easy e, dr. dre, ice cube, so pop larp any sense you agree with? >> yeah, i definitely agree with than i think that it's a movie that takes on a lot of hot-button, third-rail topics, you know, racial injustice and bliss brutality and dehumanization. i think it's packaged in a movie that's really fun and really just full of important pop culture and history and just the
story of these guys so compelling from beginning to end from when they were first met to when they made music together to when they went off to do their own thing. i think that the fact that the movie is so commercial and so -- it's funny, too, it's entertaining and touching and heartbreaking, they are able to tackle these tougher issues that are inside there. >> it's interesting to see the themes, parallel themes here, what happened in watts in 1965, a lot of ways can be paralleled with the riots leading up to the rodney king riots in '92, happening in ferguson as well. it's interesting, because you said you know, as a storyteller that you are in hollywood, if you're seeing a sympathizing with rioters you're supporting revolution. if you come out against it you're potentially being ignorant. in your words hollywood is afraid as being seen as any of those things do you think that's changed now with your film. >> i think hopefully it will
change. i think when you show images like this and stories about riots and stories about racial injustice, it is going to, you know, you're going to get a lot of people -- let me start over again -- it's going to upset some people in certain ways and also i think empower other people. it's never -- riots are never a simple story or a simple thing to present. very ambiguous. >> when people have their popcorn ready to be entertained or informed they don't want to delve into the bigger, broader issues? >> new york i think they do. i think people do want to hear and -- these stories and get into discussions about them. i just think that it's -- it's -- it's tough for studios. i think universal's very brave to go ahead and show this whole story, warts and all. the way the riot is presented isn't one-sided. it was a destructive and terrifying thing to happen to the city. but it did have the effect of unifying, there was a gang
truce, like crypts and bloods, you know, swore off violence against each other and i think it helped the guys in the nwa find peace and that's the way it's presented in the movie. >> talk to me about the scene that was cut because detroit's police department threatened legal action. what happened there? >> well, i think -- i'm not sure that was -- i was quoted correctly. there's that secene in the movi i think there was more element to the scene that couldn't be shown, whether or not the police may have done something to insight the riot themselves and may have claimed that it was the band doing the inciting of the riot. i think the movie had to present that in a little more objective way and help -- let the audience figure out what happened. >> what was it about the film, knowing this was a pivotal moment when it came to gangsta rap and bringing the story of dr. dre, ice cube, where would rap be without these guys?
what was it about this story, it's time to make the film now, now's the time for it? >> i think people have been hungry to hear the story of these guys. cube and dre have become such huge pop culture personals and icons and easy e lived -- had a much more tragic story but the story needed to be told. i think they've obviously the music inspired so much other music that came after it, you know, from 50 cent to eminem to all of hip-hop, you know, from the '90s beyond. >> right. >> dr. dre changed the entire sound of hip-hop with the chronic, and that's the movie, too. obviously when we were making the movie, that's just when last summer when the ferguson riots were happening. everything you were just reporting on before we came on, stories of the state of emergency still in ferguson and still white cops killing black
kids, and it's a huge problem that you sort of see every day. that's why i think the movie -- >> i'm not a one-name basis, i guess i can call them, dre and cube, you referred to them as that waying did they see it? what do they think? >> yeah, they've seen it more times than i have. very involved with the process. i think everybody's superhappy with it how it came out. i think it's an important film that will do very well this weekend and beyond. >> up against "man from uncle," "straight outta compton" so good luck. >> "straight outta compton." thanks so much for the time. appreciate it. much more on our top stories. angry over hillary clinton's e-mail she handed over a server to investigators, what's next? was there a top secret classified e-mail in there? inquiries in a military helicopter crash off the coast
i'm francis rivera in for thomas roberts. msnbc live, a tale of two candidacies for the major party front-runners. donald trump is back on top, more on that in a moment. hillary clinton has two major problems surfacing today. first, new poll now has her behi behind berny sander ands and e-mail controversy is back. she is turning over her private e-mail server, as well as a thumb drive with copies of those e-mails. also a government report finds that two of the e-mails already turned over contained information deemed top secret. that's a much higher standard of classification than previously known.
andrea mitchell spoke with the congressman at the forefront of demanding clinton turn over the server. >> for 20 months those e-mails were neither too burdensome nor too cumbersome, only when our committee began to ask the state department for her e-mails she said, you know what, it's been 20 months, gosh i need to get rid of this stuff. i just don't think that passes the laugh test but i haven't had a chance to ask her about it, either. >> we are covering both candidates from several angles. carrey dan is following clinton. former presidential candidate tim pawlenty is here to give us an insider's view. start with carrey, to you, let's break this down. there is still that confusion with state department saying there's a question whether e-mails were classified as top secret, even more so the timing, when they were sent out, when it appeared in her account. so is that something that the clinton camp can use as kind of
an excuse right now saying, hey, this is between the state department and intelligence officials fighting their bureaucratic fight? >> that's right. the clinton campaign has maintained this is about a bureaucratic dispute between intelligence officials and the state department. differing on how information should be classified when it should be classified, and so on. but one thing i think is worth noting is that the intelligence community inspector general who reviewed e-mails and found some of them that contained top secret information was only from among a small sample of the actual e-mails. this isn't four e-mails out of the entire transcript. this is four and two with the top secret information from a smaller sample. the question is, if more e-mails are looked over gi the i.g. community, if they'll find other instances that may counter what the state department has said thus far about trying to figure out what was classified and when. >> as her camp goes into damage control mode after the release of this, let's consider what is more damaging to hillary clinton right now, the fact that the
e-mail case or the way she's responded or lack of responded to the request of the server and now, finally, finally giving them up? >> this has been about six months she's resisted turning over the server and the additional thumb drive that has some e-mails on. look, either way it looks, even if clinton decided this is the moment that we're going to give it over or if they decided they're under too much pressure from investigators from doj and the fbi, it look, the optics look as though she's been forced into it. this is what observers thought was going to happen six months ago, she was going to resist and resist and then eventually turn them over. either way it looks like she's dragging her feet. not a great day for the clinton campaign. >> the e-mail thing is like a leaky faucet, wrapping tape around it, drip, drip, drip, and inevitably, are those pipes going to burst? >> well, absolutely. because this -- there's continuing debates we see these headlines over and over, and the fact that the server's out of her hands and in the hands of
inspectors means we're going to continue to see that drip, drip, drip throughout the summer and beyond. >> and where it may be affecting hillary clinton's poll numbers especially with bernie sander as head of clinton for the first time by seven points. how worried should she be? >> that's right. this is one poll out of the primary state of new hampshire with bernie sanders having surged into a first place position. only 11% of democratic primary voters in new hampshire believe that bernie sanders is going to be the democratic nominee, 65% think it's hillary clinton. it's a little bit of a challenge for the clinton campaign to look at numbers. this is only one poll, it's a snapshot. look at numbers and say, what are these people who are supporting bernie sanders, what is the big issue that's drawing them that way, especially if they don't think he's going to be the nominee at all? >> thank you very much. donald trump, meanwhile, back in
form, wowed a crowd of michigan republicans with his talking points about immigration and jabs at his fellow republican candidates. he also appeared on fox news with a message for anyone offended by his repeated controversial remarks about women. listen. >> i think i'll do more for women, i cherish women. i think i'll do more for women than hillary can ever do. >> jane, we want to bring up these two polls released yesterday out of new hampshire and iowa, showing trump ahead in the states. you know, based on that, some closing in, but has there been no damage to his brand? >> you know, i think where you see the real story here is candidates closing in, exactly as you said. where you see john kasich in new hampshire shooting up into double digits where he wasn't before. he announced he was running a few weeks agoen so donald trump continues to make controversies and headlines, people are looking for other candidates. and i think that's really important here. we also saw in iowa people who
watched the debate, saw donald trump sputter and yell at megyn kelly a little bit. scott walker was tied with him. those are big numbers this early in the race, he's still going to dominate a few more weeks because we're starting to see cracks in the throne. >> we heard him say he cherishes women. he was praising planned parenthood. he's still against abortion but he says there are some good that planned parenthood does. how unusual is it for a republican front-runner to say anything positive about the organization? >> so unusual. sounded like a red state democrat, frankly, trying to balance the voting line. but donald trump's followers aren't looking for policy proposals. they don't want to see a white paper on how to handle planned parenthood. they want to hear the bomb bast and truth to power and hear him sort of speak his mind on everything. it doesn't totally matter what he says. it matters that they think that he's actually say wag he believes. that is what people like. it's that brand of i'm going to tell you how it is and speak
straight that appeals to voters. >> msnbc's jane timm, thank you. joined by former minnesota governor, tim pawlenty. thank you for being with us and for your time here as we stay on topic with donald trump and all of the things he's gotten away with saying still being on top. can he get away with complimenting aspects of planned parenthood? >> looks like he can get away with anything it seems. topping out around 20%, 25%. that means 70%, to 80% are supporting someone else. it's important how and when this field gets redistributed back to remaining candidates. when that happens somebody stuck at 20% probably isn't going to be the winner. >> let's talk about that, what "the washington post," dave weigle at the gop affair in michigan. trump's grassroot support is scattered, random and real. multiple attendees said they never previously gone to a political rally, much less a
party fund-raiser. all of a sudden here donald trump is rallying these people. what is donald trump tapped into your party that the others can't even budge yet, yet? >> it's not just in the republican party, to some extent, bernie sanders is tapping into this in the democratic party. it's a couple of things. one blunt talk, a sense of authenticity, nonpolitician, somebody not the usual yapity politician. and there's a market for that, for sure. if you don't take it too far it might be a winning strategy. but i think for both bernie sanders and donald trump, they have enough baggage where if somebody else can consolidate the rest of the field, nontrump, nonsanders vote, that's a successful strategy. depends who drops, when, how those votes get consolidated. >> i want to switch to another candidate, jeb bush, what he said about hillary clinton, iraq, and foreign policy last night. >> isis grew while the united states disengaged from the middle east and ignored the
threat. and where was the secretary of state? where was secretary of state cl clinton in all of this? all of her record-setting travels she stopped by iraq exactly once. >> so we saw those swipes against hillary clinton and iraq. do you think people will buy that? blame hillary clinton and the president for iraq more than his brother? we've seen him kind of distancing himself from his brother, but in this case? >> i think two things. one, as a small state governor, state of minnesota, modest sizing i was in iraq more than hillary clinton was. i was there five times during the war. but as to jeb, a couple of things. one is kudos to him addressing an issue substantively, regardless of whether you agree or disagree. we want candidates to do that. tip of the cap for that. but two is, he's going to own this issue anyhow and certainly how we got into iraq is important. but what happened since president obama became president matters, too, when he decided
not to leave a residual force in iraq that had consequences. when he decided to not take action in syria, allow an environment to be created allow isis to thrive, that had consequences. the mission by the president, dismantle and destroy isis, that is not working, you need to change strategy. what jeb outlined were reasonable steps to try to have a better, more effective strategy in iraq and syria. >> we'll see if that resonates with voters out there. tim pawlenty, thank you for joining me. we're asking you to weigh in on the question of the day, democratic presidential contender bernie sanders. his bernie sanders a threat to hillary clinton's campaign? 79% say yes. 21% of you say no. those of you who voted yes, that's gone up a couple of points sense we last checked in. keep the conversation going. on to a young mississippi couple charged with trying to
join isis. they will remain behind bars without bail. 20-year-old jaelyn young and 22-year-old muhammad dakhlalla were arrested at a local airport with tickets to istanbul. investigators believe they were headed to syria. the couple's cover store was allegedly going to be they were on their honeymoon. a judge denied bond for the couple yesterday saying though the pair had never been in trouble with the law, she believes their desire to commit terrorism is probably still there. i'm joined by nbc chief justice correspondent pete williams. pete, break down what this couple is charged with. >> well, it's simple answer, both charged with supporting a terror group, namely, isis, trying to travel overseas to get to syria. investigators say they became aware of this couple in mid-may through jaelyn young's social media postings in which she expressed support for isis, a week later she started communicating online with someone she thought was like-minded but who actually worked for the fbi.
and then chatting on social media with somebody she thought was in isis who could help her get to syria but that was actually an fbi person as well. that led to the discovery of the fbi says that her partner was also an isis supporter. the two were married in june and the fbi says it had them under surveillance as they got passports last month and bought their plane tickets. they were arrested when they went to the columbus, mississippi airport last weekend to travel to istanbul. and the fbi says, after they were arrested, they admitted that they were trying to join isis. >> fascinating to hear, especially with communications, with the fbi agencying we live in a small town, should be easy to get through security and praising the military center in tennessee. >> the issue of getting through airport security wasn't critical here because they weren't carrying anything they shouldn't have on to the plane. but the main point is that they were trying to get to syria, the fbi says. >> pete williams, thank you very much for the breakdown. the epa owns up to its role
in the release of toxic sludge that turned the animas river orange. could the agency face legal action? i'll speak with erin brockovich, next. the u.s. military blackhawk crash off the coast of japan, we'll get the latest from the pentagon. plus -- the perseid meteor shower hitting its height tonight. we'll have the best ways for you to catch the show. ♪ [music]
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will sue observe the massive $3 million gallon spill. >> i think we might and dodge a bullet, might have been lucky and had a visually appalling situation in the end will not leave us with a lot of negative consequences. >> the spill began wednesday when a dam was breached inside the mine and then spread to new mexico and heading to utah, near lake powell a key water source for the southwest. i'm joined by erin brockovich, a name that you might seem familiar to you based on a little movie a few years ago. good to see you. thanks for being here. >> hi, nice to see you. thank you very much. >> i want to ask you about this, especially given a letter that you received from somebody who lives in the affected area and they wrote this. they still have not provided conclusive test results conducted after the spill which happened six days ago. they love to highlight heavy metals like zinc, iron, things
that sound relatively safe. they do not want to talk about lead, aluminum, cadmium, arsenic or mercury. when you've got this letter and knew this was making headlines, what was your take on that? especially now given some of the reassuring words we've heard from colorado's governor? >> well, it concerns me, and i've had a lot more letters from just people like that, down on the ground, and they're not getting answers. that's the biggest frustration that's happening here. some day lagged before anybody knew it was going on. i was getting pictures the minute the spill started to happen to their not getting full transparency or the truth of what the chemicals are. we've seen test results where the arsenic is 800 times the standard, mercury 10 to 20 times standard. and there's a sense of growing frustration because no one's telling them what's going to happen with their wells, what's actually in water, what the long-term effects are, how long
this has been going on, and actually how many millions of gallons is spilling into the river. so i'm getting a lot of people coming to me. it's -- it's difficult to sound the alarm and it's difficult to listen to governors and say, this is all okay and sweep it under the rug. these are heavy metals, they'll rest in the bottom. they won't just go away. you could see long-term effects to the fish life. and this abandoned mine's been leaking for 25-plus years and nobody even knew that. so there is growing frustration. >> well, talk to me about that, when you hear reports that the governor toured this fish hatchery and that only one of the nearly 200 fish released died and he's saying it's clearing up, we're close to the prespill contamination levels, how much of that are the residents true? >> well, it concerns me, again, you know, there's such a lack of
leadership. i zigzag all over the country and look at the water crisis that we're having, and i'm perplexed why we won't look at the bigger picture. for example, in the western 12 states, there's 500,000 abandoned mines just like this one that could breach at any time. and they may visually look awful but there is a long-term impact. so i would be, you know, passing off too quickly how safe it might be. >> take a listen to what the president of the navajo nation had to say about this. let's listen. >> the river is sacred to us. it has life. it nourishes us. it provides things that we need to live on. >> so what can the epa do at this point right now immediately to make sure it's protected people in these affected areas? >> they need to, first of all, be honest and transparent about what's really in that river and
provide people the information. they need to stop the leak immediately and figure out a way to begin a cleanup process and a long-term monitoring process for these people. and i agree with the navajo nation, and they've reached out as well. these are sacred waters and it's going to be up to all of us to get in here and start looking at how we can prevent these problems, find solutions to them, because it's fringing upon a national disaster with our water system. so the first thing that the epa needs to do is be on the ground with these people, be very honest and transparent about what is really in that water, how they can safeguard themselves, get this leak to stop, and begin a long-term cleanup process. >> long-term cleanup, especially not knowing long-term effects. erin brockovich, thank you very much. can't believe it's been 15 years since your movie namesake. >> thank you.
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prisoners david sweat and richard matt escaped. according to the newspaper, prisoner's legal group, other inmates were beaten and threatened with waterboarding by prison guards. my colleague craig melvin has the details. >> reporter: "the new york times" calls it a campaign of retribution. following the three-week manhunt for richard matt and dave sweat, prison guards from clinton correctional abused dozens of inmates looking for information about the escape. quote two inmates who worked in the prison tailor shop, one guard tied a plastic bag around his neck tightening it until he passed out. the other inmate says, corrects officials put him in solitary confinement for three weeks and threw out most of his brongings including family photographs and wedding ring. following the escape, more than 60 prisoners filed complaints with the prisoners legal services, an organization that helps indigent prisoners. >> the amount of complaints that we have received lately in the
descriptions that we're hearing about the tensions within the prisons and particularly clinton, it's very concerning. >> reporter: the prison came under fire following the escape, some saying the relationship between prisoners and prison workers was too friendly. former prison tailor shop worker joyce mitchell pled guilty to charges of aiding fugitives. now, the new york department of corrections says abuse allegations have been under investigation for several weeks, and have also been referred to the state inspector general, adding any finding of misconduct or abuse against inmates will be punished to the full extent of the law. but according to "times" one inmate being beaten after interrogation he was pressured to sign a report, quote i was not assaulted. leaving no other choice he said, i signed. >> if what they say is true, if things did happen that they say, why? why was it handled this way? >> that was nbc's craig melvin
reporting. also telling nbc news many prisoners making claims of abuse feel they're being blame for what happened. nbc news has not verified these abuse claims. up next -- blackhawk down, developing news off the coast of japan. a u.s. military helicopter crash. latest in a live report from the pentagon. >> and we'll head out live to our courthouse in new york. tom brady filing a lawsuit seeking to reverse his punishment over deflategate. and why millions of balls have been let loose into the waters of the los angeles reservoir. a hint, related to california's record drought. we'll be right back. lm and move as quietly as possible. ♪ [whirring drones] ♪ no sudden movements. ♪ [screaming panic] ♪ [whirring drones] google search: bodega beach house. ♪
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landing on the u.s. navy ship red cloud. okinawa an island 900 miles from tokyo that houses most of the u.s. military forces stationed in japan. jim miklaszewski joins us now. good to see you here, especially going to give us the breakdown of what actually happened that caused the chopper to go down. well, according to u.s. military officials a u.s. special operations training mission that included two japanese military who are involved in this. and beyond that, they can't tell you much. now the u.s. military pentagon will call this a hard landing. but you and i, if we look at this video, that's a crash landing. there's no way that a pilot would intend to land there intentionally unless, of course, he encountered some kind of mechanical problems or something and he had to put the helicopter down there. in the midst of all of those cargo containers, a very dangerous proposition. but he managed to squeeze the
helicopter in there somehow. quite frankly, kudos to the pilot because an option would have been to ditch at sea, would have put everyone on board at far higher risk. so, the pilot in this case probably saved some lives. again, we don't know exactly what caused the malfunction, why did that helicopter go down, what was it doing exactly. some suggest that they may have been practicing some rapelling from helicopters on to the deck of the ship, which as we know u.s. special operations navy s.e.a.l.s often do that, but it's not clear yet. we're still trying to sort out the details. unfortunately, you know, the helicopter didn't survive but everyone on board did. >> yeah, it's amazing. looking at that wreckage now. what more can you tell us about the extent of the injuries of those seven? >> not clear. they all went to a hospital on shore. they were airlifted out. nobody seems to think that anybody is in critical
condition, life-threatening injuries. imagine an impact like that, a lot of sore backs. >> absolutely. you can see the debris in front, all ripped up. nbc's jim miklaszewski at the pentagon, thank you very much. appreciate it. >> okay. now to the latest onnite ran nuclear deal an cording to politico, senator chuck schumer's been working phones explaining his decision to oppose the deal. in a news conference yesterday, schumer explained his decision. >> we have a better option with no agreement because i think we can, if we work hard at it, it's difficult, admittedly, the diplomacy path is difficult, but get the allies back to the table. >> secretary of state john kerry continues to defend the deal. >> let get right to nbc's senior white house correspondent chris jansing traveling with the president who is on vacation.
chris, i'm sure among the bike rides and the clambakes there on martha's vineyard the white house has their strategy? >> reporter: yeah, they absolutely do, and it's to get out ahead of the other side which is not only had this incredible push against the deal but put tens of millions of dollars behind it in television ads and otherwise you just saw a group of democrats coming back from israel, funded by the pro-israel group apac and met with benjamin netanyahu, among other. the message, whether john kerry, the president or senior administration officials is the exact opposite of what you just heard from chuck schumer. there is no better deal. so that's the simplest message they want to get out there, in fact, when i was speaking to senior administration officials over the last couple of days, they bristle at the suggestion, they feel they got a better deal than most people thought they could get going in and they're continuing the push. as you know, they need to hold on to the senate, that is where
things are really tight, much more so than the house. right now it's too close to call but they still feel like the odds are in their favor. >> senator schumer made it clear he'd vote to override the president's veto, voting no against the president twice. so looking that far ahead, how would that turn out? >> well, it's unclear. i mean i think you're going to have to wait and see how many people vote for that first resolution of opposition. i think there's another question here a lot of people are already looking at, well, what if they were able to override that? remember it's a very big if. if there's some sort of secret plan that the white house has as a backup. officially, they say no. there are strategists, lawyers who say the president could, for example, decide he wants to take advantage of his own executive powers to rescind some of the sanctions against iran that were put in place by executive powers in order to bring tehran back
into complying with what these agreements are. but that's a very big if. there's been no indication from the white house that they'd be willing to do that. they're sticking to the first phase of this, this is a deal we cannot reject. >> no other option outside of it. nbc senior white house correspondent chris jansing, as always, good to see you. >> thanks. looking at live pictures in new york city where we are continuing to track developments in the nfl's deflategate drama. new england patriots quarterback tom brady filing a lawsuit to reverse the four-game suspension handed down by commissioner roger goodell for his alleged role in the deflation before the championship game last year. a court hearing is now on a lunch break. attorneys will return to the judge's chambers afterwards. the public part of the hearing ended an hour ago. nbc's rehema ellis live outside the courthouse. when the lunch break is over, what is expected to happen in the judge's chambers?
>> reporter: it's a possibility that the judge will call the other side back into his chambers. before lunch he had been having private conversations with the nfl. so it's likely that he will call the players union can tom brady now to go in his chambers. this is a process that he conducted this morning prior to going into open court and hearing arguments from attorneys on both sides. the judge has made it very clear he would like to reach a settlement with these parties that have been at an impasse now for several months. he's saying to them i want you to keep talking. at the same time, he's saying he's going to pursue two tracks, one of litigation and one of an effort to have settlement conferences. in the courtroom today it was interesting because the judge did have a number of questions for attorneys on both sides. one of the things that he said in his questioning is that, no one should try to infer how he
might settle on this case based on the questions that he was asking. he did ask very tough questions of the nfl, one saying, can you show any direct link between tom brady and the deflategate issue? and the attorney for the nfl said, no, there's no smoking gun, but it doesn't mean it didn't happen. >> there's also the clock factor here where it's ticking. both sides want this resolved before the nfl season opener september 4th, as far as the patriots go. >> reporter: they really do. what the judge has said is that he's going to hear or review briefs that will be submitted again in this case on friday. then they will come back into court next wednesday. and then there's another hearing that's already been determined that's going to happen on september 4th. that's only six days before the start of opening season. and the patriots will be playing i think it is pittsburgh, i think.
i'm not sure. >> pittsburgh. >> i was right. my brothers would be so proud. thank you very much. clock is ticking to see if tom brady will take to the field then. thank you very much. now to some other stories that caught our eye. did you see this? it's like a scene out of "jaws" massive 20-foot great white shark nicknamed deep blue seen on video off the coast of gaudeloupe island in 2013. footage believed to be the largest of its kind captured by researchers one of whom brave enough to swim outside the safety of the shark cage. deep blue believed to be 50 years old. wow, looks scary. 20,000 more plastic balls released into the l.a. reservoir to help battle the record drought. 96 million cover the water surfa surface, saving an estimated 400 millions gallons of water from evaporating each rear. it's a way to ensure drinking water quality. the balls block sunlight which
protect from chemical reactions which may cause environmental exposures. when it comes to life goals, how about this? this kid's got it. when the rotating arm of life knocks you over, what happens? oh, you roll with it. go right along with it. vine video's racked up more than 30 million views, "i believe i can fly" and "you raise me up." not in my pitch. can't hit that note. want bladder leak underwear that moves like you do?
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given the supreme court decision legalizing same-sex marriage the lawsuit challenges constitutionality of state's adoption law. joined by the attorney who filed the lawsuit a short time ago on behalf of four same-sex couples in mississippi. thanks for being with me here. when we talk about the basis of the lawsuit and the predicament of the families, simply when we fill out forms, i did one the other day for my summer camp, there's a blank for mother, father. for the couples they don't have that saying, maybe lifting this ban will give me rights to put my name in that blank? >> exactly right. there was a wonderful quote by one of the 8-year-old daughters of one of the couples we're suing on behalf of who said that i want my mommies to be my mommies listed on my birth certificate. and that's what this case is all about. >> you consider also one instance that the couple you represents who may be called up to serve. >> yes. >> the dreaded what if, what if something happens who will this person's legal guardian?
>> we all know, i'm a parent, too, that's the thing you worry about as a parent, god forbid if something were to happen to me i want my kid to be okay and my child to be with his other parent. that's what these couples in mississippi have to face and that's what we want to solve for them. >> this is what surprised me about this ban. when you consider in 2014 more than 1400 children raised by same-sex couples in mississippi, in fact, mississippi has a state with the highest proportion of same-sex couples raising biological, adopt order stepchildren. look at those number as loan, why is this law still in the books in mississippi? >> well, we're going to hopefully fix that. as to why it's still in the books because no one's gotten around to challenging it until now, that's what this case is about and we'll take care of it. >> given the day and age and the supreme court upholding same-sex marriage being legal, roadblocks? are you expecting this to be procedural, if you want to call it that? >> i don't know. that's up to the mississippi governor and the other state officials who we sued.
i would not be surprised if this case moves quickly and if we can decide it as lawyers, say, on the papers because i don't think there are decent arguments that can be made, much less any arguments that can be made as to why children like the children -- the child i just talked about shouldn't have two legal parents rather than just one. >> you famously argued the edye windsors case legalizing guy marriage and in the months we've seen state after state and with the supreme court here. some say i shouldn't be surprised, some may say i actually am. how's your take on how rights for same-sex couples how that has changed so quickly, some may say, in the recent months? >> so, right after the windsor kaz was decided i felt like the guy in the painting who is like floating above, in ecstasy. i don't feel that way every day anymore but plenty of times i wake up and i feel that way. i certainly felt that way when
the supreme court decided, i'm going to feel that way when we win the mississippi adoption case. the change has been extraordinary. i never thought i would see change like this so fast in my lifetime. >> you're kind of busy because not only are you fighting for these four couples, you're also on the side moonlighting as a writer. tell us about that. >> i have a book october 5th "then comes marriage" it tells that story, the story of this incredible change, how we won the windsor case and how you can't tell the story of the windsor case without telling the story of my life and the story of edye windsor's life and how this change happened in our lifetime. >> "then comes marriage" not in the way that we knew that rhyme growing up. so interesting to see and hear. thank you very much for being with us chagall, i need to go back to the museum and get a refresher on some of those images. roberta cap lynn, thank you. so still to come up next, the perseid meteor shower what causes the show in the sky and how can you get the best view?
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queen of the selfie kim kardashian west is in a dispute between the federal government and the drug company. issuing a warning after kardashian shared this picture with her 42 million instagram followers last month a paid promotion for a morning sickness medicine. she raved, it's been studied and there is no increased risk to the baby. but now the fda is telling the drug company behind it, quote, the social media post is false or misleading and that it presents efficacy claims but fails to communicate risk information. kardashian has take than post down. and now to stargazers. in for a treat tonight, the perseid meteor shower will be at light peak and you may be able to see as many as 100 streaks
per hour. the astronomers say the view will be especially spectacular thanks to the position of the moon. so i'm joined by derek pitts chief astronomer with the franklin institute. nice to talk to you. for those of us who need a reminder because the perseid meteor shower happens every year, what is happening in the skies? >> what's happening is little tiny pieces of space rock are falling into the earth's atmosphere, they come in at a speed of 40,000 miles per hour and what that does is compresses air ahead of it and it causes the air to glow. we see bright streaks the meteor shower. the view's enhanced because the moon's very, very close to it's new moon face. there's no moonlight in the evening skies. >> that's cool, it doesn't have to compete with the moonlight. so, for those say, okay, i've never seen it how -- where do we need to go? when does it happen to see it at its best? >> you'll be able to see the activity begin as soon as the sky gets dark. the best time to view, of
course, always between midnight and sunrise when the earth is turning into the stream. you need to be in a place where the sky's clear and dark, trying to observe in a city environment is difficult because of the city lights. but if you find a good, dark spot all you need is a chaise lounge, friends, radio for some music, entertainment and enjoy a beautiful night sky show. >> not with me, i would have had a cocktail with everybody on the beach considering it's one of the best parts out there, especially in an urban area, head out to areas kind of clearing or the beach as well. what is actually happening to cause this kind of -- these debris -- the rocks to come within, you know, so close that we can see it every year? >> well it actually is the result of the dirt and dust that's wrapped up in the nucleus of a comet, a comet is like a frozen snowball with dust and dirt rolled into. as the comet makes its orbit around the sun, that orbital
path causes the nucleus to melt, dust and dirt comes out arc travels along the orbit and the earth orbit intersects the orbit of the dust and dirt along the comet path and that's the reason we have the meteor shower. >> never the threat of this falling on the ground in one of our states. i know that may sound like a silly question to somebody like you, but you know, explain how that could not happen. >> well, the reason why it doesn't happen because these objects are very, very small. the size of sand grains. if they get larger, say the size of a softball they might be able to reach the surface of the earth. two years ago a very large object 60 feet in size exploded over russia and caused a lot of damage there. but we don't have to worry about these showers. >> right. >> it's happening very high in the earth's atmosphere. >> doesn't matter what coast, east coast, west coast in between -- >> no no, as long as the sky is dark. you have tonight into tomorrow and thursday night into friday morning will be good.
>> very cool. worth staying up late or waking up early. i have yet to do it. maybe tonight will be the night. thank you so much. appreciate it. >> thank you for having me. and that does it for us here on msnbc live. back here tomorrow 1:00 p.m. eastern as thomas takes time off. until then, keep the conversation going on social media craig melvin picks up coverage next. you're watching msnbc. it's time for the "your business" entrepreneur of the week. bruce brecker is a third generation owner of brecker's department store on main street in arizona. steps away from the mexican border his business has been affected by federal rules that have slowed down the number of people coming from mexico to the u.s. for more, watch the premiere of our tenth season of "your business" sun morning 7:30 on msnbc. american express for travel and entertainment worldwide. just show them this - the american express card. don't leave home without it! and someday, i may even use it on the moon.
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endorsements from politicians like orrin hatch. bush has built a huge political war chest. and then there's this. >> the american dream is dead but i'm going to make it bigger and better and stronger than ever before. okay? you know, jeb bush, one of my opponents, milana, she'll make a beautiful first lady, i can tell you. and a great first lady. she's got a great heart. great heart. she cares more about those women issues that bush doesn't care about. she cares more about that em by the way they said i won the debate. is that nice? is that nice? nice? the polls came out and said i won. these stiffs, these politicians, they're stiffs. you know what a stiff is? stiff is a person, i'm saying to wealthy people in the front row, you know what a stiff is?