mornings. wonderful, crazy mornings. we figure you probably don't have time to wait on hold. that's why at xfinity we're hard at work building new apps like this one that lets you choose a time for us to call you. so instead of waiting on hold, we'll call you when things are just as wonderful... [phone rings] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. i'm mikel smerconish. welcome to the program.

just a few days until the first gop debate. as the candidates fight to get on the debate stage, you might be surprised at who will determine the final lineup. it's not the republican party. caught on camera. literally. you've seen the university of cincinnati video. but have you heard what the officer charged with murder was told to say by a fellow officer? and the latest on one of the great aviation mysteries of all-time mh flight 370. what can be learned from one key piece of evidence? more on those stories in a moment. but first, according to gabriel sherman in the latest issue of "new york" magazine not long after roger ailes helped richard nixon win the 1968 election the future fox news president boasted to a reporter television would one day replace the political party as the most powerful force in american politics. we're less than a week away from

the first gop presidential debate of the 2016 campaign and ales' prediction might have come true. ten candidates will gather in a cleveland debate stage in a primetime event sponsored by fox news. participants will be determined by the results of five national polls. eight of the competitors seem secure. but chris christie john kasich and rick perry are on the bubble. one of them seems destined for the so-called kiddie table earlier in the evening. if the republican national committee. >> sure on which five polls fox will rely doesn't that give the conservative cable network great latitude in determining the participants? after all, there are differences among the pollsters. some of the candidates make for better tv than the others. next month, cnn will host the second debate and my same critique might apply here. the point is a winnowing role historically played by early voting states has lrgarguably been left to television much like

ales predicted. sean spicer chief strategist and communications director for the republican national committee. sean as things stand now, it would appear that donald trump will be dead center of that stage next thursday flanked by jeb bush and scott walker with the outer flanks yet to be determined. is that a fairway to sum it up? >> yes that seems to be the case. but we still have a little ways to go. >> so tuesday at 5:00 p.m. is the cutoff for the polls that will be used to determine who the participants will be? >> that's right. that's what fox has announced their cutoff will be yes. >> does the rnc know on which five polls fox will rely? >> no. fox has said they'll use the latest five nationals that meet their standards. my understanding is they'll announce those, what their criteria is. but there are people that are constantly out there polling and i think what fox wants to do is ensure that they've got the latest polls that have been

completed to ensure that if anyone's surging one way or the other, that the top ten and the bottom six are the most representative of the polls that have been most recently completed. >> but doesn't the rnc then worry that it has ceded control for this first and important debate to television executives at fox? >> well the law is very clear on this. that the rnc cannot nor can any political organization actually set the criteria or the format. the rnc can be involved in sanctioning debate but when it comes to the format and criteria the law is very clear. >> i guess the concern that i'm expressing is one of polls come to different conclusions, and maybe someone can say, rick perry, he's pretty good tv he had that oops moment last cycle, we want to make sure he's on the stage where he's neck and neck with governor kasich maybe we go for a poll that shows perry running ahead of kasich. how do you prevent against that? >> i mean the first thing i would say, and this is true for both the case of fox and cnn,

look we right now this cycle suffer from an abundance of riches. we've got 16 17 candidates of great stature. in past cycles there would have been a lot of people left off completely silenced because they're not hitting the 1% threshold. in the case of fox and cnn, i think we should focus on how inclusive this process has been. >> maybe i'll have the same criticism when we get to the cnn debate which is next month in september. september 16. you can come back and i promise you can make all these same observations. but right now, all the money for ads is being spent on fox news and i've got a tally which i can put on the screen of just how many appearances the candidates have made on fox alone. it's caggering. i guess i'm wondering if in the big picture the role that was once played by iowa the role that was once played by new hampshire, is now being played by one media outlet. frankly, roger ales a long time ago said there would come a day

when television would supplant the role of the party and i wonder if that day is today. >> no i mean end of the day they're still using polls. they're not choosing these people. in the same way that cnn and every other network is going to use some mechanism of polling to say who are the people that meet the criteria to get in this debate? fox is doing the same thing. so they're not choosing anybody. >> one other observeationobservation, jamny combs, national correspondent for the "new york times," wrote a paper for the kennedy school at harvard university. it's a detailed report. it's really an academic paper. i want to show sean spicer one statement from it and ask you to react. she wrote, conservative media have helped push the party so far to the anti-government, anti-compromise, ideological right, attacks republican leaders for taking the smallest step toward the moderate middle. do you worry that so much emphasis on fox's role in this first debate has that intended -- as that unintended

effect? it pushes the candidates to a rightward position that becomes untenable in a general election? >> no not at all. in fact, i think that with all due respect to jackie and harvard and the "new york times" where she writes i think the problem is that nor so long the left wing mainstream media has taken people to the left and only focused us on issues that a lot of conservative activists and republican voters haven't cared about, that there's sort of a shock wave through a lot of the mainstream media when they recognize how the issues and the concerns the conservative media are bringing up that don't go covered. you look at this recent planned parenthood scandal. it's the conservative media that's out there bringing that scandal to light. and to shed -- to share the concerns that are coming out. if left up to the "new york times" and the rest of the mainstream media it would get swept under the rug. >> if you look at what happened four years ago, you see governor romney running as someone who rangly didn't reflect the record

that he had as governor of massachusetts. maybe if he had been the real mitt romney he'd had a tough time in primary season but he'd have been a stronger general election candidate. i think that's the kind of tension that she's commenting on in this paper. >> i think our party is doing just fine. our candidates are doing just great. and i think that there's a little bit of concern in the mainstream media when you look at the market share that a lot of these newspapers have they're losing and i think that what happens is you see the growth of conservative media and i think it's worrisome, frankly, to a lot of people in the mainstream media when they realize that it's a dying medium. and they get concerned, the conservative media is getting the attention and the issues that they witness once covered, they don't get to set the agenda anymore. >> the final question on the donald. thus far as of right now, has he been a positive or negative influence on the gop process? >> look, i think when we have 16 candidates that kind of are all

over the spectrum on a lot of things it's good for the party. the reason i say that is the end of the day the more people paying attention, the more people involved in this process, it's good for the party. it brings more eyeballs it brings more attention to the race. at the end of the day whether it's donald trump, ben carson rand paul ted cruz jeb bush all these people are bringing more and more people into the republican party. and some of them come from different perspectives. and it makes our party at the end of the day much much stronger as we head into a general election. >> i will say this i can't remember a first out of the chute debate in august for crying out loud that has the kind of interest building around this one. thank you so much for being here. >> thanks, michael, you bet. donald trump continues to lead the gop polls as republican candidates prepare for their first debate. how will his competitors handle the donald when they share a stage? will mr. trump modulate his tone in primetime?

on the democratic side hillary clinton's campaign fired off a testy letter to the "new york times." bernie sanders drew 100,000 participants to an event streamed for supporters. observers wonder whether joe biden's time has come. i have two pros to break it down. jeffrey lord is a former reagan administration official and contributing edder to "the american spectator." anna navarro as cnn commentator and jeb bush supporter. i want to show you video of what happened in florida yesterday. hillary clinton launched what's been described as a biting surprise attack on your guy, jeb bush. let's watch. >> i don't think you can credibly say that everyone has a right to rise and then say you're for phasing out medicare or for repealing obamacare. people can't rise if they can't afford health care. they can't rise if the minimum wage is too low to live on. they can't rise if their

governor makes it harder for them to get a college education. and you cannot seriously talk about the right to rise and support laws that deny the right to vote. >> of course right to rise i should point out is the name of jeb's super pac. the "times" at least says jeb bush was thoroughly up prepared for the attack. here's my question anna. what if on thursday night the donald launches that kind of an attack on jeb bush? will he similarly be unprepared? >> first of all, i'm not sure how the "times" knows that jeb bush was unprepared. i think jeb bush was prepared to go give the message he was there to give. and he wasn't going to deviate from that because of what hillary clinton said. i think hillary clinton's attack on jeb at the urban league was inappropriate. it's not a political organization. it's a civic organization. they were very nice to every candidate that was there. and i think it shows you that hillary clinton is concerned about republicans actually

showing up and competing for the black vote or the hispanic vote. and they should be concerned. because if jeb bush is the nominee he's not going to cede an inch on any one community. about being prepared for donald trump, i think what every candidate needs to do jeb and everybody else is prepare for a republican debate. i think the one that should be preparing is frankly the debate moderator. i think he's got a much tougher job next week. that would make me more nervous. >> jeffrey, does your guy need to take it down a couple of notches? >> no. i think that's a mistake. and you know the story here about governor bush not responding and you go back to governor romney and the last debate there with president obama, this is sort of the problem with moderate republicans. and that is i think why donald trump is so popular, among other things is he really does answer. >> what's interesting, i want to show some footage from bloomberg. they recorded some insights from trump supporters.

why exactly are they for the donald? watch this. >> he speaks the truth. he doesn't care what people think. >> unchoreographed. >> he is honest. >> i like his roughness and little reagan-esque. >> trump is a threat. because he doesn't fit in the same box all the other republicans are in. >> he's like one of us. he may be a millionaire which separates him from everyone else. but besides the money issue he's in tune with what everybody is wanting. >> i knew that he was a wealthy, successful man. and i remember asking my mother if i could write him a letter to ask him how he made his money so that i could do it too. >> i think he's a successful person. he's successful? i want to be a billionaire. >> to the american people it would be a presidency of hope. >> anna i have to say he's at 20% in the polls, 80% on the passion index. how can jeb bush or any of the other republicans match that type of intensity? >> they can't. they can't. i mean they have -- frankly,

they can't outpersonality donald trump. they can't out-outrage trump. they can't out-trump donald trump. they've got to be themselves they've got to be the foils to donald trump. let donald trump be donald trump and everybody else on that stage has got to offer policy positions, has got on offer solutions, has got to address the problems and the questions and stick by the rules, frankly. and people have got to decide at some point, do we want entertainment? do we want the outrageous character? or do we want somebody that is presidential? that's going to be the choice. but they can't outdo trump. >> jeffrey, you published a piece where you try and distinguish among conservatives and you address why for charles krout hammer why for karl rove why for "the wall street journal" editorial page the donald is has the ticket. give me the short version. >> the short version is i think there's a separation of sort between the establishment republicans and the conservative base. the kind of folks that you just

heard in that bit from bloom berg. you're right about television and all those people that were just in that focus group, they're long television watchers i'm sure as are most americans. they're fairly sophisticated i think in understanding this kind of thing. >> let's switch to the other side of the aisle. i have two republicans as guests but we can all comment on what's going on among the ds. hillary clinton's campaign fired off a 2,000-word letter to the new york times complaining about their treatment relative to the e-mail scan dalt. here's my observation. has the "times" unintentionally helped hillary clinton? because now whenever this issue comes up people will remember the tainted reporting and they won't think that there's all that much to it. >> now, you tell me michael, if i had told you two months ago, two years ago, that the leading democrat was going to be complaining about liberal "new york times" and that donald trump was going to be running in 2016 would you have told me i was smoking something? >> yes, i would, absolutely.

>> i think she can write off all the letters she wants. the problem she has is this e-mail problem is not going away. it is a constant drip drip drip. we see things happening, developments happening, every single week. this week we learned there were five intelligence e-mailed that had e-mailed into her private server. we learned her very close spokesperson had to hand in 20 boxes of e-mails to the judge under judicial order. so the problem, that doesn't go away and it doesn't smell good it does not pass the muster. >> jeffrey lord because your guy is taking all the oxygen out of the room overlooked is that bernie sanders had 100,000 people participate in a streamed event this week. are we underestimating him? >> yeah i think we are. you know to me bernie sanders -- i hate to confess this but i'm old enough. bernie sanders is eugene mccarthy of the modern-day democratic party. senator mccarthy ran against lbj, everybody said he had no chance, he almost upended him in

new hampshire, brought bobby kennedy into the race by the end of march lbj was out. so yes, i think he could really cause problems for her. >> and my observation, given what's going on and the unsettled nature of this if i'm joe biden and i'm in wilmington man, i'm really giving this a lot of thought. >> right. >> we thank you. two pros. i appreciate your being here. >> thanks michael. >> thanks. when we come back cecil the lion zimbabwe wants the dentist who killed him back to stand trial. can he be extradited? american investigators head to france to help study that mh-370 plane part that washed ashore. i'll talk to the best person i know about what they hope to learn. plus that horrible cincinnati shooting video. what happens when you slow down the tape? you might be very surprised. ♪ ♪ ♪

♪ i don't want to live with the uncertainties of hep c. or wonder... ...whether i should seek treatment. i am ready. because today there's harvoni.

a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients... ...who've had no prior treatment. it's the one and only cure that's... ...one pill, once a day for 12 weeks. certain patients... ...can be cured with just 8 weeks of harvoni. with harvoni there's no interferon and there are no complex regimens. tell your doctor if you have other liver or kidney problems or other medical conditions. and about all the medicines you take including herbal supplements. harvoni should not be taken with any medicines containing amiodarone, rifampin, or st. john's wort. it also should not be taken with any other medicine that contains sovaldi. side effects may include tiredness and headache. i am ready to put hep c behind me. i am ready to be cured. are you ready? ask your hep c specialist if harvoni is right for you. it takes a lot of work... to run this business. but i really love it. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost® to get the nutrition that i'm missing.

boost complete nutritional drink has 26 essential vitamins and minerals including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste. i don't plan on slowing down any time soon. stay strong. stay active with boost®. woman: this is not exactly what i expected. man: definitely more murdery than the reviews said. captain obvious: this is a creepy room. man: oh hey, captain obvious. captain obvious: you should have used hotels.com. their genuine guest reviews are written by guests who have genuinely stayed there. instead of people who lie on the internet. son: look, a finger. captain: that's unsettling. man: you think? captain: all the time. except when i sleep. which i would not do here. hotels.com would have mentioned the finger.

dr. walter palmer is still? hiding. he's the minnesota dentist who killed cecil the lion. if you're on social media you'd think palmer committed the crime of the century. there are lots of angry cecil supporters calling for his head. and so is the animal rights group p.e.t.a., people for the ethical treatment of animals, which says he needs to "be

extradited charged and preferably hanged." joining me is ingrid newkirk, president and cofounder of p.e.t.a. ingrid preferably hanged? were you saying that in jest? >> i didn't mean it of course. i think he should face the music. he's a coward. he should go back to zimbabwe and stand trial with the other two. because he sets this all on foot to use a legal term. i don't want to him hanging in the wind i want him answerable for his crimes and i want these kinds of crimed committed by trophy hunters to stop. >> what if he's telling the truth in saying that his guides he was relying on his guides for the level of expertise that was necessary, and he thought that they had dotted all the is and crossed the ts? >> my mother used to say, pull the other leg, it has bells on it. he was found guilty before seven or eight years ago, perhaps, of lying to the federal authorities when he illegally took a bear. and he's been to zimbabwe

before. he knows about that national park. he knew exactly where he was. and he was on the jeep. they baited the jeep to bring the lion cecil out of the park. and then he's standing right there blinding this lion with a huge spotlight. so he gets up within feet or a foot of the lion and still can't make a clean shot. and then of course they spend 40 hours before they find him with that steel arrow through him, having hidden in the bush. >> i'm paying close attention but i hadn't heard that level of detail. where are you getting it from? >> it's coming from zimbabwe it's coming from all the reports of people who have spoken actually to the guides themselves. the guides who have turned themselves in. to people who were on the scene. you know you have these sort of coach potato trophy hunters to go over to africa and they wave a lot of money in front of people and they're basically

wheeled out. sometimes they sleep -- they actually will shoot a lion or rhino who's sleeping. it's very common for them to shoot at night because they can then blind the animal who's come in to eat. >> what do you say to those who say, it's a first world problem, that in zimbabwe people are not unsettled by this this is more accepted, and it's accepted because they're so financially dependent on trophy hunting? >> i'd say a couple of things. it's ugly americans and euro trash. and we have to get rid of that. we don't want to be tainted by that any of us who have more money than sense. they could give that money to villages they could start programs, they could do something useful but they don't. they give to it a safari company probably owned by a couple of people often white, and they get the money. locals don't get it they discard the carcasses, so they're not feeding anybody, they're not subsidizing anybody's village life. it's bunk.

>> i had radio call others my program who said why all the concern over the lion? why not more discussion about black lives matter? or the fetal tissue issue that concerns planned parenthood? to them you would say what? >> i would say all lives are important. and any good and kindness we can bring to the world is a great thing. it's not a competition. so the kinds of people who would be cruel to animals, and i found this when i was an investigator for cruelty cases, are the sorts of people who really don't give much concern for human life. let's look after everybody. >> i had a poll on my website as to whether this sort of trophy hunting should be illegal. 79%, i'm one of the 79%, believe that it should be. having said that i'm worried about this man's safety. the dentist's safety. i'm concerned about people taking matters into their own hands. i hope that there's a day in court for him, whether it's here or whether it's there.

but let's just underscore we want the process to play itself out. >> oh absolutely. and i think the anger is coming from nonviolent people who are outraged that somebody could take this high-powered cross bow and shoot an animal who is minding their own business. the violence is not on the side of the people who are asking for violence to be stopped. so he's in hiding. he's got a public relations firm issuing statements for him. he needs to go back to zimbabwe. be a man. stand up to what you did. and don't just pretend. >> ingrid newkirk, thank you so much. >> thank you. the government of zimbabwe wants dr. palmer sent back there to stand trial. i didn't pass the zimbabwe bar but maybe danny did. >> i passed it on the fifth time michael. i feel like i'm ready to take the exam after the last few days i'll tell you. >> you've been studying up on all of this.

correct me if i'm wrong, much of what so offends us here is legal there. >> absolutely. hunting is legal in zimbabwe and in many african nations. shooting a lion with a cross bow or a bow and arrow is also legal. and even shooting a lion with a radio collar apparently is legal in zimbabwe. the charge here is apparently that -- it's geography. he shot him in a spot that was not quoted for lions. if there's a parallel in the united states it might be hunting without a license or hunting in an area that is not laid aside for hunting. which is a law that we have those laws not only federally but in all the states as well because we have national parks. so there are parallels here in the united states. and that will be key to the extradition process. >> ted nugent sent me an e-mail and said it's because this lion has a name. he said this goes on constantly but people are feeling cuddly about -- my words not his -- because it's cecil. >> i said the same thing.

it's a lot about symbolism. about 100 lions are being killed i understand in zimbabwe alone, per year. so why is this any different? is it because this one is called cecil? what about lion one, two, three, four five six seven? after all, take your google earth trip back to the united states we hunt everything here. deer bear all kinds of things. ted nugent and i are both from michigan. he and i both know all about black powder season cross bow season. i don't hunt personally but almost all of my friends back home do. it is part of our cull treasure as well as the zimbabwean culture. >> extradition? >> extradition treaties are generally written very persistively. in other words, if a requesting state wants a person the requested state, here the united states usually will give them up. under our extradition treaty as long as there is what is called dual criminality. if it's a crime in zimbabwe and it's a crime here then we

should i say should extradite that person back to zimbabwe. and it's important. it could be a federal, a state crime. the parallel doesn't have to be a perfect match. as long as there is some relationship some similarity then under at least the treaty he should be returned. >> who makes the call? >> well it's an interesting question. first, legally, the court makes the call. attorneys will bring the man into court, there will be a hearing, it's essentially a probable cause hearing which criminal defense lawyers deal with all the time. it's a very light burden for the government to win. most of these cases are held over for trial. in this case finding probable cause this crime was committed is going to be very very easy. legally i'll say that it's a decision that is made by the court. but really it's a political decision. because aren't all extradition treaties really nothing more than contracts? and contracts that can be broken without any remedy. after all, what are you going to do zimbabwe? that's what it state department

is saying. >> is it the state department that is going to make that political decision? are you telling me that secretary kerry is going -- i don't want to minimize -- i'm offended by what i see in this case. >> sure. >> that secretary kerry is going to go from negotiating the iranian nuclear deal to deciding the fate of cecil the lion? is it him? >> absolutely, right, then it becomes a political issue of does the department of state even care enough to get involved or care enough to keep this guy? once it goes into the judicial system the finding is very clearly laid out and it's almost a foregone conclusion that he will be returned. u.s. attorneys have very little discretion it appears, in initiating extradition -- >> it's not the prosecutors, it's kerry, secretary kerry? >> it would be yes. it comes down to -- political is beyond my ken you're the guru there. but i will say that in the case like this all these extradition treaties international law everywhere ultimately comes down to who has the most aircraft carriers? >> i can imagine p.e.t.a. shifting attention to secretary kerry's office come monday.

after the break, the mystery of malaysia airlines 370, the one piece of the plane that's been found is in france and the ntsb and boeing are headed there to help unravel the biggest airline mystery ever. and the donald. three times my predictions have been wrong about mr. trump. but it won't stop me from going for number four. my commentary is upcoming. i have type 2 diabetes. i started with pills. and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active. but i wasn't reaching my a1c goal anymore. man: my doctor says diabetes changes over time. it gets harder to control blood sugar spikes after i eat and get to goal. my doctor added novolog® at mealtime for additional control. now i know. novolog® is a fast-acting, injectable insulin and it works together with my long-acting insulin. proven effective. the mealtime insulin doctors prescribe most. available in flexpen®. vo: novolog® is used to control high

blood sugar in adults and children with diabetes. take novolog® as directed. eat a meal within 5 to 10 minutes after injection. check your blood sugar levels. do not take novolog® if your blood sugar is too low or you're allergic to any of its ingredients. tell your doctor about all medical conditions and medicines you take. ask your doctor about alcohol use, operating machinery, or driving. the most common side effect is low blood sugar. symptoms may include dizziness, sweating, confusion, and headache. severe low blood sugar can be life-threatening. other common side effects include low potassium in your blood and injection site reactions. get medical help right away if you experience trouble with breathing serious allergic reactions like swelling of your face tongue, or throat, sweating, extreme drowsiness dizziness, or confusion. now i know about novolog®. taken by millions since 2001. vo: ask your health care provider about adding novolog®. it can help provide the additional control you may need.

american crash investigators and a team from boeing are headed to france. they will try to help solve the mystery that's captured the world's imagination. what happened to malaysian air flight 370? every day authorities are more and more convinced that the part that washed up on reunion island

was from the missing jetliner. i'm curious what happens next. i don't know anyone better to tell me that peter goals, former managing director of the national transportation safety board. peter, one thing that's come to light given the discovery of this wreckage is apparently there was a u.s. intel assessment that concluded that it was deliberate action that caused this crash. what is the evidence for that assessment? >> my understanding on that and i've talked to a couple of people about it is that it was an open source assessment. meaning that they took all of the available information that was in the public realm and had analysts review it and come to a conclusion. and i think it's based on this michael. if the plane -- >> sorry, go ahead please. >> if the plane did the u-turn they were able to see it crossing the island of malaysia.

then it disappears. the speculation is that it goes north up the strait around indonesia, then back down into the southern pacific. if it made those turns, the only way it would do that is if it was under human control and someone was directing it. that's the basis of it. >> is the working hypothesis that that means it was the pilot? >> well i'm not sure that anyone's taking the next step to brand the pilot as the culprit here. but if you take that intelligence assessment someone in the cockpit with the ability to fly the plane made those decisions to direct the plane into a fatal dive somewhere in the southern pacific. >> is it fair to say that this newly discovered piece of wreckage tells us that the plane crashed in water but not how? >> that's right. i mean this is -- this piece of

wreckage when it is confirmed that it comes from flight 370, is going to give just two basic facts. one, the plane is in the water. two, we are looking in probably the right space. >> does this tell us down -- >> it's down off of perth. >> does this tell ug the plane crashed in the water while intact or there is a possibility this particular part dropped off ahead of the crash? >> well we don't know that yet. they're going to look at the fracture surfaces. and see under an electron microscope they'll be able to determine exactly how this plane -- this part of the plane separated from the wing. and it will give us some indication of how the plane hit the water. it looks to many of us as though this piece might have separated from the plane before it plunged into the water because there's not a lot of compression damage

to this wing. it might have separated during the last few moments of flight. >> final question. and most important, perhaps. have any changes been made since the crash of -- presumed crash of mh-370 that will make us never have to go through this again, that there will not be a missing airplane? >> individual air carriers have made changes, but has there been a universal change in how we track planes over open ocean in the answer is not yet. >> that's a shame. that's really sad, i think. the idea that there's a 777 that disappears is so tragic for those families. peter, thank you. appreciate your time. >> thank you. coming up next that shocking cincinnati police shooting video. let's freeze frame the tape and see what we find. we're going to do that in a moment. imagine - she won't have to remember passwords. or obsess about security.

she'll log in with her smile. he'll have his very own personal assistant. and this guy won't just surf the web. he'll touch it. scribble on it. and share it. because these kids will grow up with windows 10. get started today. windows 10. a more human way to do.

watch as these magnificent creatures take flight, soaring away from home towards the promise of a better existence. but these birds are suffering. because this better place turned out to have a less reliable cell phone network and the videos on their little bird phones kept buffering. birds hate that. so they came back home. because they get $300 from switching back to verizon, and so can you! verizon. come home to a better network.

[ horn honks melody ] well, well. if it isn't the belle of the ball.

gentlemen. you look well. what's new, flo? well, a name your price tool went missing last week. name your what, now? it gives you coverage options based on your budget. i just hope whoever stole it knows that it only works at progressive.com. so, you can't use it to just buy stuff? no. i'm sorry, gustav. we have to go back to the pet store. [ gustav squawks ] he's gonna meet us there. the name your price tool. still only at progressive.com. like everyone i'm horrified by the video of the university of cincinnati shooting that shows police officer ray tensing shooting and killing motorist samuel dubose. it happened so fast. is it possible that when the motorist in response to the officer's command, moved to unbuckle his seat belt the officer thought he was reaching for a gun and therefore had a reasonable fear that he faced imminent bodily harm? that's the critical question. i have the perfect person to

ask. mark o'meara, who represents samuel dubose's family. i want to show this tape one more time in slow motion. you tell me what you are seeing. there's the scuffle. it all happened so quickly. and now it's done. is it possible mark that the police officer says take your seat belt off and when the man reaches for the seat belt the officer mistakes that for him reaching for a gun? >> is it possible? certainly. we don't know what is in tensing' mind at that precise moment. and that is certainly relevant. but on the other hand we have to look at this a little bit more globally. tensing is the one who's supposed to be trained to de-escalate the situation. tensing could have done something as simple as whose car is it? rather than the suggestion that it came back to a female. he could have run his license when he asked him to.

he could have done anything except to make the maneuver to try and get sam out of the car without good justification. and when sam turned on the car keys that's when he intended to do he may well have intended to leave, but at that precise moment is when tensing sticks his hand into the car without reason without justification. i don't see sam going for his left side for the seat belt the way he did. i see his hand go up in response to tensing's hand coming in the car. then the very next microsecond you see sam's both hands come up as he leans away from the officer. that will be up to the jury some year from now or so. what i do know is that tensing was the one who escalated this rather than de-escalating it and it ended up in the death of sam without any justification or reason. >> there are many significant aspects to the initial police report. i want to put up on the screen one of those that i find of significance. it says this. officer kidd told me that he witnessed the honda accord drag

officer tensing and that he witnessed officer tensing fire a single shot. in other words, this is an account from one officer backing up the police officer's account who shot your client. >> that is very, very troubling. and that is what is causing this tragedy of mistrust that we now have in law enforcement officers. tensing deserves his day in court. looks like he murdered sam, we'll deal with that. but when you have an officer, actually two officers who seemingly will corroborate a false story, buddy to buddy or brother to brother, that type of mistrust that's being built in not just the black community but the community as a whole is horrific. and that is what's leading to more and more controversy between law enforcement and the community, because we happened michael. right there in the precise moments of relevance, those officers presuming the body cam

wasn't going to contradict them or hoping it wouldn't decided to back up tensing's lie. and we now know it's an absolute lie. about what did and didn't happen there, in order to protect his shooting. >> we also hear one of the officers on the scene give advice to officer tensing. roll that, please. >> don't say anything. >> "don't say anything." which in dan demtandem with the police report is suggestive on the surface these police are all covering for one another. >> you know that's a tough call. law enforcement officers are given an extraordinary privilege that i don't think i agree with and that is they are told by everybody, do not tell your story. and most departments have 12 24 48 hours, some 72 hours, before the police officers are required to give their side of the story in a police shooting where they are the focus. that to me is utterly dangerous. if one of my clients gets -- is

involved in a crime and they can get past miranda, they give the statement right away. i understand police i respect most police they have a tough, tough job. but this is a prime example of how when we don't do it in a very transparent way, we can cause more mistrust and more problems. because we now know what happened with tensing. he shot without justification. and he started his story of dragging dragging dragging his arm went from not hurt to almost numb by the time the ten minutes after the video progresses. it is horrific that these things are happening. and we have to train cops better and we really have to train cops to own responsibility. >> quick 30-second answer. what does this case mean to you personally? america knows you as george zimmerman's attorney. >> i see it as along the same spectrum. look i did my best as advocate on george zimmerman's behalf i

do that for every one of my clients. i've had opportunity to talk about race in the criminal justice system for three years because of the platform it's given me. now i represent the debose family as i represent other black victims of police violence the past several years, two pending now. and i enjoy it. i consider it an honor that i'm being trusted by the dubose family to do the best i can on their behalf. >> mark o'meara, thank you as always we appreciate your expertise. a prognostication for how donald trump finally leaves the blit call arena. we call ourselves the freedom hikers. hiking brought us together but that's not the only thing that keeps us coming back. here's to friends who reach for better. fewer carbs, fewer calories, superior taste. michelob ultra. the superior light beer.

♪ ♪ ♪ ♪ isn't it beautiful when things just come together? build a beautiful website with squarespace. if you want a paint with no harsh fumes. if you want a paint without harmful chemicals. if you want a paint that's safer for your family, and the environment... only this can. natura from benjamin moore. paint like no other.

certified asthma and allergy friendly by the asthma and allergy foundation of america.

full tkeuz disclosure. i never thought donald trump would make the required financial disclosure and i thought his comments about john mccain would cause his numbers to tank but i was wrong on all three, or what mr. trump would probably call a loser. still i want to kwau tkraouple down. he might even drop out before votes are casts in either state, and it could be a watershed if trump is able to come up with some answers. given he's at the top of the polls, all eyes will be on him. regardless of the short term outcome, i think he has peaked. a poll shows him holding firm at

20% among republican voters, but where is the growth potential? i don't see it particularly where a full 30% of republicans say there is no way they will ever support him, and more likely is he will be the first star to fade-in 2016 like bachmann and gingrich did in 2012. if i am right, i can't fathom his exit strategy. no way he tanks in the polls or makes a concession speech and goes quietly into 7 night. not with his ego. it has to be something big and grandiose. perot later said he withdrew

because somebody was going to alter his daughter's wedding. and el chapo could cite a security risk. or maybe he will with draw because mr. trump's sixth child with his third wife. it sounds crazy, right? just like saying a sitting president is going to disrupt your daughter's wedding. i will be right back with some of your tweets.

what to do when you're stranded in a city and you need a last minute hotel? a priceline tonight only deal! stuck out on the range? nowhere to rest your beard? choose from thousands of hand-picked hotel deals at the very last minute. only on your phone. only from priceline. progressive insurance here and i'm a box who thrives on the unexpected. ha-ha! shall we dine? [ chuckle ] you wouldn't expect an insurance company to show you their rates and their competitors' rates but that's precisely what we do.

going up! nope, coming down. and if you switch to progressive today you could save an average of over 500 bucks. stop it. so call me today at the number below. or is it above? dismount! oh, and he sticks the landing!

♪ whoa what are you doing? putting on a movie. i'm trying to watch the game here. look i need this right now ok? come on i don't want to watch that. too bad this is happening. fine, what if i just put up the x1 sports app right here. ah jeez it's so close. he just loves her so much. do it. come on. do it. come on! yes! awww, yes! that is what i'm talking about. baby. call and upgrade to get x1 today. ♪ i always say you can follow me on twitter if you can swell smerconish. one tweet says you are so wrong

about trump, he will trump everybody else. he will win. laura, if he does i will then be 0 for 4 about mr. trump. see you on two weeks. i'm go away on vacation. thousands of women gather as a symbolic torch marked the beginning of a national women's conference. >> we think there is going to be a struggle. and we don't think men will give up their power and privilege easily. >> american women are the most privileged group of all time, and they're still not satisfied. >> the equal rights amendment should be ratified. >> i love homosexuals. i love them enough to tell them the truth. >> a proving of sexual perfect version. what a disgrace! >> a constitutional amendment appears on the way proclaiming women have all the same rights as that other sex.