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tv   The Last Word With Lawrence O Donnell  MSNBC  September 2, 2015 7:00pm-8:01pm PDT

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bucks, governor? huh? where's this stuff? house always gets its beak wet. where's the big, gov? >> now jeb bush just responded with a hilarious comedy routine of his own. >> hey, stephen, i'm at the philadelphia airport. i thought the host was amy schumer. i totally blew it. since it is you, we are lowering the contest fee with $1 and i will enter yours with a donation to the yell loy ribbon fund. >> jeb bush from the philadelphia airport trying to get ahead of the feud he started with stephen colbert before he starts his late-night show. how this plays out and what it means we do not know. it is all happening right now. that does it for us tonight. we'll see you again tomorrow. it is time for "the last word with lawrence o'donnell." welcome back. >> thank you very much. when reporter alison parker and camera operator adam ward
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were killed on live television a week ago today, allison's father, andy parker, at the end of his first day as a grieving father said this -- >> you know, and the problem that you guys have is -- and i know it is the news business. this is a big story, but next week it isn't going to be a story anymore and everybody's going to forget it. i'm going to do something, whatever it takes to get gun legislation to shame people, to shame legislators in to doing something about closing loopholes and back ground checks and making sure crazy people don't get guns. >> andy parker said next week this wouldn't be a story, but here it is next week and andy parker is going to be our first guest. in an op-ed in sunday's "washington post" andy parker named names including a member of congress who represents the area where the double murder took place. andy parker wrote, we must focus our attention on the legislators
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who are responsible for america's criminally weak gun laws. legislators such as representative bob goodland who represents roanoke where the shooting took place on live television in his two with years as chairman of the judiciary committee has had plenty of opportunity to bring up gun violence prevention bills he's refused to lead. on the other hand, he had no problem cashing his check from the national rifle association during the 2014 election cycle. shame on him. on monday night, andy parker, his family and friends gathered to remember alison and celebrate her life. on sunday, the national rifle association welcomed andy parker to the gun control debate this way -- >> turning this murder in to a gun control dog and pony show minutes after the shooting because you can't make sense of what just happened is
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ridiculous. to the parents of alison parker and adam warksd i have no right to tell any parent how to grieve about the loss of their child. i said run full speed to find a way to end violence like this. however, sometimes in a fight we can become so emotional, everyone and thing starts to look like the enemy, even if they are there to help us. >> joining us now is andy parker. andy parker, first of all, i want to say i'm very, very sorry for your loss. i don't know how to find the words for a moment like this and i can't imagine what you have been through in the last week and that horrible day a week ago. i want to begin with that note. >> well, i appreciate it, lawrence. as you can imagine, i'm running on fumes right now. >> well, you know, you made a vow a week with ago tonight that running on fumes in effect is what you would do, you would do anything to be out there pushing this argument, as you have done. you have seen the response, one
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response any way from the national rifle association, in effect accusing you of making this is dog and pony show. >> you know, that's the typical response that the nra leadership -- that's typically what they do. of course there's emotion involved. of course you are going to have this visceral reaction, but rather than just not say anything, i have chosen to take on this fight because somebody's got to do it. i think there have been -- oh, gosh, i don't know how many murders since alison and adam were murdered. it's gotten to the point where i think people have had enough. it reminds me of the old movie network where, you know some of us are old enough to remember it. it is one of my favorite movies but when howard beale sticks his head out the window or -- or
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gets people to stick their heads of out of the window and say we're mad as hell and not going to take it anymore. i think that's where we are. each time we thought sandy hook or aurora was going to make a difference, that was the tipping point, there's something different about it this time, lawrence. honest to god, i have to believe this time there is going to be something done. it's not -- we're not trying to take people's guns away. i have said that from the get-go. but that's the first push back from the leadership of the nra and that doesn't represent the majority of its members. >> what is your own personal history with this subject? the subject of gun control. what has your position on it been in the past? have you ever been active on it before? >> well, i haven't. until something like this transforms your life, you think
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about it and i've -- listen, i've -- when i was a kid i had a shotgun and a .22 and i would go hunting and have no problem with the second amendment. i have no problem with people owning firearms. most people -- most responsible gun owners are just that. i don't have a problem with it. but what i do have a problem with, and what we are trying to address now -- and i have been because of visiting with family and, you know, doing the media programs that i have done i have been kind of learning on the fly and i haven't had a chance to really dig down in the weeds, but the problem i have is the loopholes. the low-hanging fruit. it is common sense stuff. mocking the fact that we are trying to get common sense gun legislation. it is closing gun loopholes and
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making sure that people that are disturbed can't get access to weapons. this was -- this gun violence restraining order bill, that was passed in california, could have been passed in the state of virginia. there were two legislators, one john edwards, senator john edwards that has witnessed the -- he's been on board in the senate since virginia tech, and now this. he has two horrific incidents and he's a democrat and he still opposes any kind of reasonable gun control legislation. it's mind boggling. >> let's listen to what donald trump said about this, which is, i think, typical of most republican comment on it. let's listen to this. >> would you do something different with gun policy? >> i don't think i would. because this is really is a sick person. this is not a gun problem but a mental problem. >> andy, you have heard that
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many times. not just from donald trump, i'm sure in the last week. this isn't a gun problem. it's a mental problem. >> of course. they have it half right. it is a mental problem, but it's also a gun problem. i think reasonable people realize there's a linkage there. again, we're not trying to say we're going to take your guns away. we're just trying to keep the guns out of the hands of people that are disturbed. the guy that was -- and i don't remember his name because he's -- he's meaningless at this point but he was escorted by police from the building when they fired him at wdbj. he caused such a scene and disturbance that he had to be escorted by police. that's a red flag. those are the things that need knob a database so that when someone tries to buy a gun, when the mother says, calls the
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sheriff and says gee, we are worried about our son. he's doing some weird things. we need to take the guns out of the house, law enforcement can't do that. it's just common sense. why wouldn't you want to do that? >> andy, would any of these previous events that occurred in a movie theater or at virginia tech, did it ever go through your mind, something like virginia tech that what happened in your state what if alison had been there? did that ever cross your mind? >> of course. of course. it was something that we thought of all the time. especially being in the media. it was -- she worried about it. she was just concerned that there are crazy people in this world and that somebody was go ing to attack her. she always had that -- not constantly but i know in talking with chris, her boyfriend, she said she had that underlying fear. i had this tremendous
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foreboding. i don't know what it was but it was always there because of the business she was in. i think that's why -- things are different this time because she's one of you guys. she was a journalist. she was one of you guys. as i mentioned the other day in talking with the media after i did my meeting with the governor, it could have been any one of them. it could have been any one of you. i think that is what makes it somewhat different this time. and that's why i don't think you guys will it will die. >> andy parker, thank you for joining us tonight. again, i'm very sorry for your loss. >> thank you for giving me the opportunity, lawrence. i appreciate it. coming up, prub geesident b gets a win on the iran deal. and another county clerk is denying marriage licenses in kentucky. that clerk, one of the three in kentucky will join me. i'm not sick.
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president obama is the first president 20 travel north of the arctic circle. he is giving a speech after visiting an arctic town of 3,000 people a town battling rising seas there in alaska. earlier today the president went to one of the world's largest sockeye salmon fisheries and took a few selfies for the white house instagram account. up next, a major win for the president on iran. layover. 24 hours. hello, reykjavik. oh, so that's how you spell it. what are you looking at? oh, cool. hungry. fish, anyone?
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without this agreement the iranians would have several potential pathways to a bomb. with it, they won't have any. >> that was secretary of state john kerry in philadelphia this morning. once again explaining the details of the iran nuclear deal. just before that speech, secretary kerry and president obama secured the support of democratic senator barbara mccull ski of maryland which means there's enough support in the senate to guarantee the deal will go through. former vice president dick cheney remains unembarrassed by his record of false predictions in that region. this morning on msnbc's "morning joe" he said this about the iran deal. >> i think there is another possibility of 9/11. i think next time may involve something far deadlier than airline tickets. i think you will have a problem
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with proliferations in the middle east. >> joining us now, fellow with the institute of policy studies. the research director for the iranian council and ceo of and former governor of minnesota and former presidential candidate. your reaction to this development today where in effect this deal is now locked in place? >> it's a huge relief we're not going to see the united states pulling out of an agreement it signed with six major countries around the world that is now an official signed unanimously supported u.n. security council resolution. this is not just a bilateral agreement between the u.s. and iran. this is a huge victory for diplomacy over the threat of war. i think we should be very happy about it. i would hope it goes further and we can get 41 votes instead 3064 so we don't have to worry about the issue of a veto and whether
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the veto is supported but it's a huge relief that we know the deal will go through. this is a hugely important deal. though it is narrowly framed, it deals only with iran's potential future capacity to build a nuclear weapon, if they ever decided to. something all 16 intelligence agencies agree they have not decided to do, but if they ever decided to do it, they wouldn't be able to do it. that's a good thing. it's a good thing that sanctions will be lifted because they have been crippling the economy of ordinary iranians and lays the foundation -- i think what hasn't been discussed enough, it lays a possibility, not a certainty but possibility for much further new negotiations, negotiations between the u.s. and iran on ending the war in iraq, ending the war in syria. all of these things require real negotiations an the exclusion of iran from those negotiations as we have seen in the past has meant there is a failure of
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negotiations. maybe now we have a possibility of that. maybe now we have the possibility of creating a nuclear weapons-free zone throughout the middle east dealing for the first time with the israeli nuclear weapons arsenal which is destabilizing the region as we speak. all of thaf may be possible in the future, but the first thing is, now we have done it, it is a huge victory, now we have guaranteed that at least the first step, the nuclear deal as it exists now, is going to be passed. >> hong kong hong kong tweeted tonight, great news that the iran deal has enough votes. as potus i would aggressively enforce it and kointer iran's other malicious activities. tim pawlenty it is hard to follow what donald trump says but hillary clinton seems to be in agreement with donald trump who said he would also enforce this deal. all the other republican presidential candidates are say
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they would rip it up the first day in office. how do you expect this to play out next year in the general election? >> well, a few things, lawrence. first of all n the lead-in you describe it as a huge victory for the president. a majority of the united states senate, maybe a majority of the united states senate will not support the action to ratify this agreement. i think it's an alarmingly bad deal for all of the reasons discussed but even if you don't like my view of it, measure it against the president's and administration's benchmark on what would be a good deal. they said they would rather have no deal than a bad deal and this deal doesn't meet their own benchmarks, i think what he is probably saying, far be it from me to speak for donald trump, but i think what he is saying he would try to make the most out of enforcing the agreement and the best he could out of a bad
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deal. >> reza, your reaction to the vote, barbara mikulski's announcement. there ten senators we haven't heard from. but as of now the deal seems locked in place. >> it is absolutely locked in place. what we are arguing over now in the united states congress is whether or not obama is going to have to use his veto. if he can reach 41 democratic senators it lab moot point and it will be a first round knockout for the president. this is the most intrusive, well put together nonproliferation agreement in the history of the world and a model that will be used going forward for future nonproliferation agreements. so it not only exceeded the benchmark set for by the united states, it has exceeded the benchmarks put forth by our allies, countries like russia and china that have relationships that ebb and flow.
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the reality is no deal is perfect. because a perfect deal means you get everything you want but we have gotten more than we anticipated we would get and creates a presence dent for the future that is much stronger than anything that existed prior to these negotiations taking place. let's listen to what john kerry said this morning on "morning joe" about how long does the deal actually last. >> it never sunsets. there's no sunset in this agreement. there's a ten-year extra strong restraint on what they can do. there's a 15-restraint on what they can do. there is a 20-year restraint a 25-year restraint which requires all of their uranium to be tracked from the mine to the grave. the additional protocol and the requirement to live under access and inspection is for the lifetime of this agreement. >> tim pawlenty, a quick reaction on what john kerry said
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about the lifetime of this deal. >> if you accept his math, which i don't. he is saying there are periods that extinguish, that sunset or come to an end. it starts with the notion that iran lies. the idea we can trust them without anytime, anywhere inspections, allowing them to take samples and send that to the iaea and do that on their own without any third party intervention, the fact they continue to enrich uranium, all of which the obama administration said will not be allowed and now they are allowed. that and many other thing make it an alarmingly bad deal. i think it will be a bad legacy item for the president and for our friend israel, the region and the world. >> phyllis bennis, last word on this. >> it puts more restrictions on iran than any other country, including 24/7 immediate
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inspections of any nuclear facilities. it's not true the claims they are going to be able to do their own inspections. it's schismly not bourn out by the facts. >> phyllis, reza, thank you for joining us tonight. coming up next, breaking news about hillary clinton's e-mails. you can't always see them. but it's our job to find them. the answers. the solutions. the innovations. all waiting to help us build something better. something more amazing. a safer, cleaner, brighter future. at boeing, that's what building something better is all about. ♪ at boeing, that's what building something better is all about.
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breaking news at this hour on the hillary clinton e-mail situation at the state department. the msnbc.com is reporting that
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a clinton e-mail staffer, who has been subpoenaed plans to plead the fifth amendment instead of testify. report saying a former hillary clinton staffer, who helped to set up the former secretary of state private e-mail server vowed to plead the fifth amendment and refused to answer questions after subpoenaed. this is also reported in the "washington post" wednesday. an i.t. specialist, who helped to set up hillary clinton's e-mail system said he would refuse to answer questions, asserting his constitutional right against self incrimination. that's brian pegliono who worked for seg take clinton during her 2008 presidential campaign and at the state department has been identified in digital records as the person who set up the e-mail server in 2009.
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mr. pagliano's lawyer said, while we understand it may be controversial in the current political environment we hope the members of the select committee will respect our client's right. joining us now, joy reid and richard wolffe, executive editor of msnbc.com. richard, you are leading with this report tonight. "washington post" is containing some of this information. this is kind of an extraordinary development in this, when you hear of someone involved in setting up that e-mail for secretary clinton now saying he will not testify for fear of self incrimination. >> it is perfectly within his constitutional rights to do what he is doing. from a political perspective, this looks as bad as deleting e-mails. it's a distraction, a further complication for the clinton campaign. a story they should have put to rest already.
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from an individual perspective, completely understandable, given the political context of what is going on, but hillary clinton is running for president. she is still the democratic front runner, and i expect her to continue to be in what position. but this e-mail story won't go away. while it is there, she cannot talk about the things that should be driving her candidacy. >> joy reid, you were at the joed biden event today in florida where he was received warmly and gave a speech about community college, which if you just kind of thought about it for a second sounded like a campaign speech at certain moments. this is the kind of development that some democrats have been thinking about when they wonder whether a biden candidacy is good for this field or bad for this field. >> yeah, lawrence. i think there have been various reasons why there's a market for a hillary ail er the thattive. early in the process when you talk to democratic operatives what they would say is we
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shouldn't have a party that corn nates a candidate but a contest. it is extraordinary there aren't more contenders. and then you would hear a lack of enthusiasm, particularly some members of the more liberal wing of the party that feel hillary clinton is too hawkish. things like iraq turned them off. i have been talking to a lot of real obama democrats, obama people who have a yearning for biden to get in because they feel he is closer to barack obama's legacy. as one pointed out yesterday, there's a reason why we picked obama over hillary the first time. i think that is part of it. i think the story that media is hanging on to, even with the revised headlines. "washington post" had to revise some extraordinary headlines, i think the campaign understands this story will dog her to the end. >> tim pawlenty, this is bryan pagliano's attorney who is confirming he intends to plead
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the fifth amendment. the sourcing on this is public in the articles at msnbc and the "washington post." >> this is a big development, lawrence. obviously this will be very detrimental, continually detriment tool hillary clinton's campaign until she can get it resolve one way or the thichblgt there will be a release of these e-mails every month, drip, drip, drip. and she is coming across stiff, awkward, defensive and i think joe biden is like george c. scott and patton. he looks at the smoldering battlefield and says, god help me i love it so. i think he wants to do this. i think he wants to get in and i predict he will get in. >> look at the "washington post" post poll. they released a favorable and unfavorable on the candidates. hillary clinton among registered voters 46, 56% unfavorable. joe biden 46% favorable.
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49 unfavorable. donald trump 40 favorable, 58 unfavorable. jeb bush, virtually identical to trump, 38 favorable, 57 unfavorable. joy reid, it is hard to read in to that who has what kind of good news in those numbers. they don't look great for anybody. >> they are not great for anybody. i'm sitting here in a state where the most unpopular governor in the country, rick scott, who you can't find anyone who says they are a fan of just got re-elected. i think what the clinton would tell you, no matter what her favorables look like she is in a commanding position versus the other democratic candidates. she remains in a commanding position. when you look at democrats and their attitude toward the e-m l e-mails those stories haven't hurt her among her core base. i think hillary's biggest
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problem is the e-mail issue is playing out in a congressional committee, controlled by the opposition party that is determined to keep drip drip dripping out information about it and it's something that is getting traction in the press. she cannot get away from it. i think it will draw down her favorables. i don't know if it changes her position in the race, at least not right now. >> we go back to this very pressure report about bryan pagliano intend ing to plead the fifth amendment when asked to testify before the benghazi committee. it is hard to figure out what he would fear a self incrimination about. this is a guy setting up the e-mail server. >> i presume and i haven't spoken to his lawyer, but i presume there maybe an inference or an investigative line from the republicans on that committee that this was an attempt to avoid the law and
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evade the law in terms of recordkeeping. it is a narrow issue of criminal culpability here. the benghazi committee is highly political. if you are an individual going in to that, and i presume he isn't used to that kind of attentioning, you would want to avoid it. >> thank you for joining us. >> thank you. coming up, the fbi is investigating a new police shooting that was caught on video in texas. the district attorney there will join us another kentucky county clerk who doesn't want to issue marriage licenses to gay couples will join me. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it.
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you are about to see are hard to look at. in fact, i have no intention of looking at them again. nbc's kelly cobiella has the story. >> reporter: it's been days, desperate families stranded outside of a train station in budapest. no answers, no help, nowhere to go. >> we are human, we are human. we have kids. >> reporter: hundreds are stuck here. the hungarian government refusing to let them board trains out of the country. this woman walked here with her children. her brother made it to germany. she's now alone, feeling helpless. europe is a continent in crisis. a warning, this disturbing image shows how bad it has become. the body of one small boy cradled in a turkish police officer's arms. he was from kobani in syria, his boat sank last night on the way to greece. the mediterranean keeps claiming
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lives with 17 more bodies appearing on libya's shores. more than 100 feared dead in that sinking. these are the fortunate ones, saved by the nor jooep wee january coast guard today. on dry land, us a stree ian police stopped this truck on the way to vienna, freeing 24 teenagers, welded in with no air. and in france, the high-speed train from paris to lob don't ground to a halt after migrants tried to climb on top. here in london, hundreds of passengers were left stranded as the morning trains were cancelled. while on the other side of the english channel, two with trains had to turn back because tracks were blocked. some passengers asked to listen for footsteps on the roof of the train. tonight, the leaders of germany, italy and france are calling on all 28 eu nations to take in their "fair share of regees." >> we just need politicians to listen to their hearts, act like
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human beings. >> reporter: while european leaders argue over what to do, hundreds in hungary are spending another cold night on the concrete in limbo. kelly cobiella, london. up next, one of the county clerks refusing to issue marriage licenses to gay and lesbian couples will join us. al, medium, large and extra large. if you need less data, pick small. if you need more, go with extra large-- a whopping 12 gigs for $80 a month plus $20 per phone. pick a size. change it up anytime. it's the simple way to get the best network. and now, get $300 when you switch. only at verizon.
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majestic... nothing. where are you, bear? warm. warmer. warmer. yes. wherever the journey takes you, carry american express gold. it's more than a card. it's the gear that gets it done. two county clerks in kentucky are now joining rowan county clerk kim davis in refusing to issue marriage licenses to same-sex couples. casey davis of casey county and kay schwartz of wittily county have voiced their support for kim davis who continued today to deny marriage licenses to anyone because of her personal convictions against same-sex marriage. this morning, robbie blankenship and his fiance jessie cruz went
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to the county clerk's office to apply for a marriage license, and kim davis refused. >> we're not issuing marriage license today. >> actually the united states supreme court has authority over you. okay. you do not work in a religious institution. >> i'm telling you this is my office and we're not issuing license today. >> i'm not screaming. i'm not issuing license to anybody. >> kim davis has been ordered by a federal judge to issue licenses but said she is acting under god's authority to deny same-sex couples this right. tomorrow, kim davis is due to appear in federal court for a hearing to determine if she will be held in contempt of court. joining us is casey davis, county clerk in casey county, kentucky. he is one of the three kentucky clerks, who's refusing to issue same-sex marriage license. casey davis, why are you rhee re fusing to issue the marriage licenses?
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>> well, it's simply deeply held religious belief that i have that i don't believe that i can put my name on a marriage license, a same-sex marriage license and be able to sleep with that. >> what do you expect to happen tomorrow in federal court over this issue? >> i don't know what to expect. i know the senate president and also the speaker of the house have asked repeatedly for the governor to call a special session so this can be resolved. there's a simple solution that they can be fair to everyone should the governor, should the governor grant that to them to be able to convene. i think in all fairness he should. i think he should do his job. that is part of his job. these guys have each asked him
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for that. there was a five-page brief that was sent to the judge today that he's apparently looking at tonight or tomorrow asking for a stay so hopefully, there will be fairness in this. that's all we're asking for. we're not asking for the supreme court to overturn anything. we just want fairness. >> what is it that you think the state legislature -- you think there is some relief the state legislature can provide for you against a federal law that applies to all 50 states? >> absolutely believe there is a way that these folks can come to their county and get a marriage license thwould from the person- the wedding. it can be back for recognition
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by the county office. i think ms. davis has been bombarded unjustly. i think if the governor was with sympathetic to her or nempb the case it could end rather quickly. >> mr. davis, i want to get this clear for the moment. you actually believe that you don't have to treat, according to federal law, that you do not have to treat all applicants for marriage licenses equally? that they should enjoy the same process on marriage licenses? you think that the supreme court did not say that? >> i think that the law of the land as i keep hearing this referred to, i think the law of the land also says that abortion is legal. however, a doctor has the right to say no, i can't perform that. >> a doctor is not a government official. a doctor is not a government
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official. >> he's an american. >> you are a government official. you have taken an oath to do this job and to observe the laws. >> do you mind if i tell you what sections 36 -- section 26 of the kentucky constitution says this, that to guard against transgression of the high powers which we have delegated, we declare that everything in this bill of rights is accepted out of the general powers of government and shall forever remain in video -- an all laws contrary to this constitution should be void and says no human authority in any case shall control or interfere with the rights of conscience. that's the bill of rights for the state of kentucky. section five and 26. the oath that miss davis and i and the other clerks and other officials in this state took, that is part of that oath that is our constitution. i think that the supreme court
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has violated that by trying to force that on us. >> did you attend law school? >> what difference does that make? what does that have to do with anything? i can read what the constitution says, sir. >> have you read what the constitution united states constitution says? >> i know what the state constitution says and i took an oath to both of those. >> in your lifetime -- >> the first amendment right that i have. >> in your lifetime haven't you seen the government override state laws. >> do you know the first amendment right also says, it also speaks of freedom of speech. that is part of your job, isn't it? wonder when they are going to try to take that away from you, sir. >> but do you know that the federal government has many times, and in your state, for example, ordered the desegregation of schools that your state was not going to do. >> this has nothing to do with race. nothing to do with race. >> you don't understand the federal government has this power. you deny the federal government to have this power?
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>> i understand there is a time coming in your life and mine that i'm going to leave this world. there's nothing i can do to stop that and nothing you can do to stop that. the law of nature supersedes anything that man puts on paper. this lifestyle is against the law of nature. i believe that one day, one day that we will all understand just how against god's law it is, as well. >> mr. davis, if you are fined by the federal courts, are you prepared to pay those fines? >> i'm prepared -- jesus went to the cross and died for you and me. i'm prepared to do live for him as long as i have breath in my body. >> casey davis, thank you for joining us tonight. really appreciate it. >> the other clerk, kim davis is the one who will appear in federal court tomorrow morning and we will be covering that tomorrow night.
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themplgts investigation in to a shooting by police in texas that was caught on video. that's next. u can't always see . but it's our job to find them. by police in texas that was caught on video. that's next. > investigation in shooting by police in texas that was caught on video. that's next. > investigation in shooting by police in texas that was caught on video. that's next. investigation in t shooting by police in texas that was caught on video. that's next. th investigation in shooting by police in texas that was caught on video. that's next. e investigation in shooting by police in texas that was caught on video. that's next. thing better is all. ♪ ♪ (dorothy) toto, i've a feeling we're not in kansas anymore... (morpheus) after this, there is no turning back. (spock) history is replete with turning points.
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(kevin) wow, this is great. (commentator) where fantasy becomes reality! (penguin 1) where are we going? (penguin 2) the future, boys. the glorious future. (vo) at&t and directv are now one- bringing your television and wireless together- and taking entertainment to places you'd never imagine. (rick) louis, i think this is the beginning of a beautiful friendship. the fbi has launched an investigation in to the use of deadly force by two sheriffs deputies in bexar county, texas. flores was shot and killed on friday while sheriffs deputies were responding to a domestic disturbance call. michael thomas, a delivery driver captured the shooting on
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his cell phone. this afternoon, sheriff susan -- confirmed there is a second video of the shooting which the sheriffs office and the district attorney have viewed but have not publicly released. >> on the second video can you see whether he has both of his hands up. in the first video it is obscured by a pole. the second video, can you see if he has both of his hands up? >> the video isn't necessarily closer. it's from aening a dinch dimpb angle. >> can you see? >> we saw that. >> can you confirm the other hand behind the pole was indeed up? >> yes. >> it was indeed raised. >> the sheriff was asked whether mr. flores had a knife. >> does it show whether mr. flores was holding a knife right before he was shot?
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>> we believe that mr. flores had a knife in his hand and that video will help us have a better idea of exactly what he had in his hand. >> joining us now is the district attorney for bexar county, texas. can you explain to us how many investigations are going on now? >> there's just one investigation going on. it's been conducted by the bexar county sheriffs office. it is overlooked by the fbi but conducted and handled by the sheriffs office. >> what about the district attorney's office? >> we're the prosecutorial branch of the justice system. the way it works is a law enforcement agency conducts an investigation. once they are finished with the investigation, they will hand it over to us. we will make a legal analysis of whether there will be official charges on the individuals in this case. >> do you have any understanding about why that second video has
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not been publicly released? >> i don't believe it should. we don't want to do anything to compromise the integrity of the investigation in to influence the investigation. so it is standard practice not to release evidence while there is either an investigation pending or if it gets this far to where there are charges pending, if there is an official charge pending. that's just good practice. >> i think you have seen in the last year there's been an inconsistent area of practice on this issue of releasing videos and that some police departments and some investigative agencies have released video as soon as they have processed it themselves and put it out there specifically because there's such intense public interest in these cases. >> i agree with that. what i do in the office, we make sure we do not react to a situation and i encourage people to take pause and wait for the system to play out. what we're going to do, we're going to respond appropriately,
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apply texas law. we will take all the evidence if from the sheriffs investigation and follow our oath. our oath is to seek justice, not listen to national conversation or let politics seep in to the office and if justice is to hold the deputies accountable i promise we will do that. if it is a justifiable shoot we will follow that way of justice, as well. i'm going to wait and pause before i make conclusions in this case. >> what is the standard in texas law for a police officer in a situation to decide when to use deadly force? is it necessary for the officer to feel his life or someone else's life threatened that moment? >> yes, sir. does he have a reasonable belief of apparent danger. there's a third element to it, is the danger imminent, meaning immediate. was his actions immediate? was there apparent danger and was that apparent danger
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immediate? those are the three standards in simple form how we will apply to this situation and the standard we will look at in deciding whether we go forward with criminal charges. >> in the fbi's role, to go back to that for a second, your understanding is that the fbi is overseeing the local investigation that's going on, but there's some indication the fbi is conducting its own civil rights investigation. does your information differ from that? >> i'm under the same impression. again, they are going to look at the civil rights aspect and i will look at texas law and peen al code to see if there is a violation when we look at the case once it is turned over to us. >> what do you anticipate the timetable is here? >> she sheriffs department has stold us they could have it to us as soon as the end of this week. i'm not going to hold them to that if they don't have it to us by friday but i think by friday
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or sometime early next week is reasonable. >> nico lahood, thank you for joining us. chris hayes is up next. . >> tonight on "all >> everybody who has attacked me has gone down. let's see what happens here. >> the attack continues as >> the attack continues as trump scolds jeb for speaking spanish. >> jeb bush is a low energy person. >> the new attack on trump over his relationship with reverend al sharpton. our guest, the reverend al sharpton. then, democrats give peace a chance. the incredible victory for obama on iran as the pushback gets even more vicious. >> every death that iran causes is now on barack obama's head. >> and the conservative chorus over black lives matter. >> cops across this country are feeling the assault. >> as news breaks in baltimore, a reminder why this started. >> do you believe the black lives matter crew and others are igniting violence against cops?

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