people that -- some of those who were killed on a regular basis just at stores, so this community is trying to heal. that's just one story. 33 years old. >> great story, victor. thank you so so much for bringing it to us and we're going to be back again at 10:00. smerconish is with you now. >> i'm mile cale smechael smerc. it's been a week. i'll speak to one of those senators who proposed new legislation. maybe the courts will have to do what congress has not done. one of my guests won a landmark

lawsuit against a gun store for selling a murder weapon and now sandy hook families are seeking similar justice. can it happen? meanwhile donald trump's reaction was to brag about his foresight, blame president obama and ban the washington post. he threatened to go it alone. so what can the party do? and 1.4 million people have petitioned to remove the judge who gave a light sentence in the stanford sexual assault case but has he read his sentencing file? i have and i want to share some surprising details. first, despite so many horrible mass killings it took a 14 plus hour senate floor filibuster to finally get gun control legislation even discussed. monday they're voting on gun amendments, but because of war and partisan concerns in an election year, none are expected to pass. joining me today, senator bob

casy, he spoke n during the filibuster and helen, a writer for the philadelphia daily news who discovered how alarmingly easy it is to buy a deadly automat automatic weapon and a lawyer who successfully sued a gun seller who provided the gun who shot two police officers. i want to talk to you about your daily news column, the self-explanatory title i bought an ar-15 semiautomatic rifle in philly in 7 minutes. how difficult was it? >> it was extremely easy. i walked into a gun shop in philadelphia and, you know, it's -- it should be said they could have done this in any gun shop and within minutes i walked out. the 7 minutes was the amount of time that i ballparked between the time i gave him my driver's license and i was eligible to

buy this gun. >> i know from reading your cover story that when you walked in you were nervous that you were going to be nearly interrogated. did you have to answer any questions? >> not many. i mean, as i said in my column i was driving over there and i was very uncomfortable. i'm not a gun person and i was trying to come up with certain store is if they asked me questions if they asked me why i wanted this particular gun. but other than a couple of questions that i answered as minimally as i could i really wasn't asked many questions. >> i want to underscore as you said, this was one day after the massacre in orlando so you would think perhaps there would have been some heightened attention paid to an individual who wanted to acquire the type of assault rifle that you did, but that wasn't the circumstance. >> it wasn't and i was suspicious looking. i was nervous, i didn't look

comfortable. i was asking for this particular gun that a at time we all thought was used in the massacre. the gun was one that was in if individual. individuals were talking a little bit about the incident, about how horrible it was but i was being sold the very gun that we thought was being used in the massacre. >> helen, how much? >> $759.99. >> and so after spending nearly $800 of the newspaper's money, what did you do with it? >> i wasn't quite sure what i was going to do with it. i ended up going to the police department and trying to -- or turning it over. that took much longer than it took me to buy the gun. probably because i, you know, i mean, it's not every day you have a reporter stumbling in saying can somebody please take this off my hand? they did. i turned it over. >> 7 minutes. i think that says it all.

thank you so much for being here. >> thank you. >> joining me is senator robert casey. >> you have talked recently about a conversion that you went through after the events at sandy hook. >> i think the evidence is clear, this killer would have killed hundreds of children if he had the time and i had asked myself as a senator, as someone who was going to cast a vote and we ended up casting votes -- three major votes a couple months later. are you telling your constituents i was asking myself, that there is nothing that the united states of america can do other than enforcing existing law to prevent the murder of 20 children in a classroom or nine people in a -- in charleston or 49 in orlando. so i had to confront the -- the question because i knew i had to vote on it and up to that point in time in the senate we really had not voted on it in many

years. >> what are you prepared to support on monday that you previously perhaps would not have supported? >> well, monday -- or i should say tuesday a back ground check bill that we don't know exactly which version on the republican side, but i -- i'll support both of the democratic bills both on the back ground check and a new measure that senator fine stein has developed to help prevent an orlando type situation to give the justice department increased authority to deny a firearm to someone that they believe is a known or suspected terrorist and they have a reasonable suspicion or reasonable belief that that individual would use a firearm in connection with terrorism. >> you participated this week i think you spoke three times in a very emotional filibuster. i want to show a moment of your colleague, chris murphy and part of what he had to say. >> it takes courage to look into

the eye of a shooter, instead of running, wrapping your arms around a six-year-old boy and accepting death as a trade for just a tiny little piece of increased peace of mind for a little boy under your charge. >> so i guess here's the question. if nothing should pass this week, will the filibuster have been for naught? >> no, i don't think so. first of all i want to commend what chris murphy did. it was a remarkable testament to a willingness to say i'm drawing the line here, i'm going to stop activity in the senate until we at least have a vote but we have to start passing legislation. we have to start taking a new approach to this, because i think michael, with the same

urgency that we had after 9/11, no one said just enforce the existing laws and if a terrorist wants to fly an airplane into a building we didn't say that. we need to do whatever it takes to stop terror from doing that. we need the same approach on gun violence. >> thank you for your time. if congress won't take action over guns maybe our contracts will. families of the sandy hook massacre are seeking to hold recommendi remmington responsible. the theory is that it's unreasonable for a gun manufacturer to market to civilians a weapon manufactured for war. joining me now, a trial lawyer from wisconsin and using the

same law issued in the sandy hook case, last year he was successful to hold responsible a gun store that sold a weapon used to shoot two policemen. thank you for being here. what is the theory of negligent entrustment. >> it means that if you have reasonable cause to believe that the person you're selling the gun to may use it to harm somebody, may misuse it, then you can't sell it. that's an exception to the immunity that gun manufacturers have been gwen and it was a theory that i used in my case in milwaukee. >> and it's the same theory that will be used in the sandy hook case. correct? >> absolutely. it's a viable theory. you talked about them being a manufacturer, but under the gun control act they're also a seller. and as a seller, they have the same responsibility as a dealer does not to negligently entrust firearm to people likely to misuse it and my thought is

after all the mass killings that have been -- that have happened as a result of this type of weapon being distributed to the public, they have to know that it's likely to be misused. therefore they're going to be liable under negligent entrustment. >> it would seem to me that if discovery proceeds in this case the way in this which weapon is marketed would become significant. let me show you something i found at the cabella's website. this addition to the family brings big bore power capable of taking any north american big game down. what do you think they're referring to when they talk about north american big game? >> well, i don't know that iear necessarily talking about moose. i think they're talking about the fire power that's associated with this weapon and it's the fire power and the man up approach that they're taking. the man card that you get when you buy this particular weapon,

they're marketing it to people that are likely to misuse it. >> and take a look at the ad. hopefully you can see what i'm putting on the screen right now. consider your man card reissued with a depiction of the weapon. >> i can't see your screen, but i have seen that ad and i just find that appalling. they are appealing to somebody to take this weapon and to use it in a military fashion in a civilian setting. it's not used for target shooting when they're advertising it that way. >> let me hit you with a criticism that i know you had to deal with in your case on behalf of those police officers. people will listen to this segment and say wait a minute, you're trying to hold the gun seller, the gun manufacturer, you're trying to hold everybody responsible except for the guy who pulled the trigger. respond to that. >> that's not true at all because the criminal courts take care of the person who pulled

the trigger, but that's after the fact. that's after the carnage, that's after it's all happened. the importance of this law negligent entrustment is you take care of the problem before the trigger is pulled. >> you as a lawyer have to steer horn into this theory of negligent entrustment. the day you won a $6 million award on behalf of those cops, i was in a debate and they were debating this law because they had disagreed over it. so my point is, this also has some significance and relevance for the presidential race. >> absolutely it does. you cannot walk away from the gun violence in this country and the way i that it's occur ng our clubs and our schools. the thing that discourages me the most is i don't know that legislators will ever be able to

agree on anything so i think it may be to courts that are the only option left for the american people to get some kind of change. >> that's why i wanted you here. if they can't do something this week in the aftermath of 49 civilians being slaughtered maybe it's going to be left to individuals like you to sort it all out in the court system. thanks so much for being here. >> thank you very having me. florida had a rough week. so did donald trump. i'll talk to a congressman who's going gator hunting who just endorsed donald trump. >> it's like i picked the wrong week to quit smoking. it looks like i picked the wrong week to get drinking. it's like i picked the wrong week to quit amphetamines.

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this was a tough week to stick out your neck and endorse donald trump. he did many things to alienate his own party and he threatened to go it alone. but congressman took a stand for trump right before the massacre in his home state of florida. in 2012 heed off one of the biggest upsets. he then helped lead the charge against speaker john boehner's re-election and he joins me now. you are a big animal veterinarian. i'd be derelict if i didn't ask you about that gator tragedy. as one who vacations in your state i think we get lulled into thinking that they don't pose a danger. >> michael, i tell you what, the gators are everywhere in florida and we see them everywhere and the rule of thumb i tell people when they come into florida, if

you see a body of water in florida just assume there's an alligator in it and that's common knowledge around here. >> i understand you are a gator hunter? >> no, i'm not. i'm going for the first time tomorrow in fact. i'm going to take my son and we -- in fact, we did a tour today through central florida and went through some cattle farms and they took us for an airboat ride on one of the lakes out there and they said the florida water commission, wild life commission was doubling the amount of gator permits they're putting out because there's such an abundance of them. >> how you you hunt them? you'll go out on an airboat, you'll shine a light and you har boon them and bring them to the surface and you'll -- >> are you motivated to do that because of this tragedy or were you already planning to do this? >> no, i was already planning to do it. i want a pair of boots.

>> so you intended -- the gator that you will harvest is one that you will turn into a pair of boots. >> that's our goal. >> it's hard to express any sympathy during a week when a two-year-old lost his life in disney world but they're doing their thing. right? >> they are and they found that gator that had a body in it about twoer or three weeks ago and there were two guys that robbed someplace and one of the guys jumped in a lake and he got eaten by a gator and even in my hometown of gainesville we had a cure ray torr of one of the parks in our area and he got his arm taken off by a gator. they're not pets. they're not a lizard that you want to go up and pet. they'll eat you and it's a tranlic thitran tragic thing about this young person from nebraska was killed

by this alligator. >> i don't know how to do this. let's talk politics. it's not easy. i'm no sophisticated enough to know the verbage. >> politics is a lot like alligators, someone is always snapping at you. >> and some will say i'm snapping at donald trump because i'm going to walk through what's been a really tough week for him. you endorsed him before last weekend. then came the tragedy. many think he handle id poorly. he wanted to people to know that he appreciated his congratulations on his forethought. respond to that. >> well, you know, we -- first off, we endorsed mr. trump probably about three weeks ago and then we came out again last weekend when he was down here in tampa, and i got to meet him and talk to him. he has just been like a lot of us saying that our -- our foreign policy, our national

security policy and our immigration policies, they're broken and i sit on foreign affairs and i can tell you firsthand that our national security policies as far as immigration, they're setting up the stage for these kind of things to happen more so in the future. and i think that's what he was talking about. >> second, what thing that he did he blamed the president. the word choice he used when he called into fox news was quote he's got something else in mind which i thought was inappropriate. did you? >> well, you know, you'll have to ask mr. trump on that. you know, i look at the rise of isil or daesh as failed foreign policies from this administration and hillary clinton. i've been in congress for three years and i've seen the policies that have been dictated against their military advisors that have led for the uprising of isil. >> it sounds to me, congressman, thus far as i work through the

list that you don't think trump had a tough week this week? how about number three on my list when he revoked the credentials of the washington post? >> well, mr. trump, you know, he speaks what's on hi mind and he's not shy about that and you know, i'll let you ask him about what he intended on that. i'm not going to speak for him. but i -- you know, being in politics for three years, i see a lot of times, sometimes in the press things don't get printed accurately and i know you guys do a good job and -- but i've had that experience myself when i say something and it shows up in the pressodifferently and it's just -- you know, sometimes you wonder are people playing politics just to sell media and i hope not. >> i'm trying to drill down on the substance of it. you endorsed him three weeks ago and again just a week ago and i was curious to know in what i observed to be a very rough week

i just wonder if anything taken place gave you pause for concern. the muslim ban would have had no impact on this american who's been in the country 30 years and killed those 49 people. >> i agree on that. i agree 100% with that but i also came out months ago saying that we need to suspend immigration into this country from tcountries from the middle east that we can't properly vet. i sat with the director of homeland security and again, they have told us that they can't properly vet these people in an expedited time fashion. so if we can't do that, the number one goal of the federal government is to provide for the common defense of this nation. i think it would be prudent to put a pause on that and it's not anti muslim. this is anti terrorism and 100% national security and that's where our focus should be.

>> at the end of the week there was talk among some republicans, you know this has been a consistent source of conversation among some that at the convention maybe there will be an 11th hour effort to remove him as the nominee. you put any stock in that talk? >> i think it's just talk. he's won clearly hands down throughout the nation, a resounding victories over and over again against 16 seasoned veteran politicians, and the american people have handed this to him and i think the wisdom of the american people speaks loudly and that's why i stand with him and i look forward to seeing him in the white house as the next president of the united states. >> thank you so much for your time. >> yes, sir, i appreciate it. up next, the mind of the mad man. what drove the orlando killer to

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the orlando shooter was a radical islamist with a wife and he regularly pay trtronized theb he shot up. examining some very relevant cases, mass shootings like auro aurora, and what's a vanity mass killing? i've heard you to refore to this as this? >> it's a thread in mass killings, a number of mass killings in which strangers are targeted is the killer wanting to transcend, to become larger than life, for us to talk about him, for him to become someone who gets redefined as someone

he's not. a marginal character that because there's so much attention focused on him he becomes a notorious anti hero and this may happen to someone who's psychiatrically ill or maybe someone who's making a choice to be someone else. but it's all about him. holmes, the great example. someone at a dead end point and really preparing, even referring to a website that he took out as a social branding and but for the notoriety and the profiling. >> here's the oddity. he's no alive to enjoy his notoriety. >> well, that's true, but -- but the payoff for him is responding to the call to carry out a mass killing targeting americans during ram dan and if something

like that is executed for someone who follows the teachings of isis, which is all about islamist supremacy, in other words, these are the laws we want you to follow, then he's forgiven and he gets an express ticket to the paradise. >> but what is he getting -- >> the better payoff than -- >> i'm questioning whether this is the guy looking for the 72 virgins. is this all about him seeking atonement because he was closeted? >> it's virgins for some. for others it's a spiritual utopia. we need to appreciate and fast that people who are drawn to isis in particular, because they're a different islamist movements, isis is selling utopia. this is why women get involved. this is the signature of how orlando ties to san bernardino.

what they're seeking alive or dead in the next world is utopia. so they're selling something idolized and if you believe that's how you buy into it. we may not relate to it but that's how he relates to this. >> i'm seeing a case that reminds me of the minister who rails against homosexuality and then you find out he himself is closeted. is that part of what might be driving this? >> there are several possibilities and it's tricky unless we know more. let me break it down quickly. first of all with a mass killing, first thing you have to ask always is, were acquaintances targeted or were strangers? once you establish that they were strangers, is it vanity or ideology? the best way to distinguish it is that the side logical killer will not act alone.

he didn't act alone. once that's established -- >> wait, you mean the wuf? >> i think the wife was involved at the very least. there's no way that what we know about the wife that she did not play a support and encouraging role. this is a woman who was going to lose her husband and the father of her child. and the handlers that we've seen in other suicide bombings, they have that function. they encourage them and get them ready. what her role was, she wasn't killing herself and we don't know the extent of the entire plot but she had to have been involved. my point is this. when it comes to side logical mass killing, the key is the body count more than anything, because if you don't create spectacle, no one will pay attention and in the spectacle crime, the killer doesn't hide the ideology. he makes it clear for all to

see. >> everything you need to know about donald trump can be learned from what he likes on a golf course. does he cheat, does he lower the score? does he move the ball? some interesting insight from someone who's played with him is coming next. ♪ what if we made a paint that was so special that was such a jewel among paints that you had to seek it out. nope, even easier than that. more like taking a left on that street where you usually take a right that wasn't so hard. and if finding that paint made you and your walls beam with pride, is it still paint? benjamin moore. paint like no other. find one of our 5,000 authorized retailers near you. my m...about my toothpasteice. she eveand mouthwash.ice... but she's a dentist so...i kind of have to listen. she said "jen, go pro with crest pro-health advanced." advance to healthier gums... ...and stronger teeth from day one. using crest toothpaste and mouthwash makes my... ...whole mouth feel awesome.

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vitamin enriched to revive skin and fight 7 signs of aging your old school dance moves might show your age, your skin never will olay. ageless. this weekend the 116th u.s. open is being played at pennsylvania's famed oakmont country club. the scotts say govl undresses a man. if that's true what can we learn about presumptive republican nominee donald trump a great fan and player of the sport from the way that he golfs? michael knows the answer. he's the senior golf writer at sports illustrated.

he's hit the ball with the donald on at least nine occasions and he's written about those experiences. all right. how's hi game, what's his handicap? >> well, he's a very good golfer. he's not as good as he thinks he is, but he's a very good kofler. there's a golfer with the pencil in your hand where you actually keeping a proper score card and there's the way millions of other people play that you just sort of wing it and you go along as you care to. but he's probably an 82 shooter and he cites his golf skill as one of his qualifications for the presidency so i guess it's appropriate that we're talking about it. >> that and the size of his wallet. so what's the strength of his game? >> the strength of his game is that he's very effective at making the teams and the conditions of the match on the first tee. once he's chosen the best

partner of the three that he might choose and he assigns the handicaps in a way that suits him. it's almost a guarantee that he will be victorious. he hits it long and in play. he's got a very lungy kind of swing. it's a lunge, he -- and then he putts very well and i think one of the things he's proud of to take donald trump's golf serious for a moment here, he's a good short putter understo pressure he takes a lot from that. >> to borrow a line from caddy shack, does he keep it fair. >> he's not going to be handing out t20s left and right. i think he's frugal that way.

i think he keeps it fair in his mind but in actual fact he's creating rules that have very situational. if he wants to take a mulligan he takes it. if he wants to take a give me, he does. but bear in mind, every time i played trump has been on a golf course that's trump's name on it. so membership has its privileges and ownership has its privileges. he's not truly playing competitive golf like we're going to be seeing played at oakmont this week. he's playing a very casual part of the game. >> you know, many are saying that golf is on the wain right now. and yet he seems to have invested against that trend. comment on that. >> well, he's a bottom feeder buyer. i mean that was true in his

casinos as well. he sees the golf market is depressed and he's bought up courses left and right including a golf resort in scotland and a resort in miami which had a pga tour event, but will no longer have it and i talked to trump at length about this very subject and feels that golf's an aspirational sport and the rich and super rich to whom he kay caters are always going to want to play golf and he wants something he can turn over to hi kids and he's said if he becomes president of the united states his kids will run his golf empire. >> i've learned from you that at westchester his locker mate right next door is bill clinton. that's a twosome i would love to see out on the course.

>> yeah, they've played together a number of times. in fact, trump gave -- as i understand the story, trump gave a membership to clinton at this trump course. clinton didn't want to accept the membership as i'm hearing this story because he didn't think it looked appropriate or what the reasons might have been, but trump was insistent and -- and regardless of how it happened, the fact is that cl clinton hasn't resigned husband membersh -- his membership. >> epijoy the weekend and thank you so much. >> delighted to, michael. coming up against many odds my hometown just became the first major american city to pass a new tax on soda. was this the fight against

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philadelphia has just become the first major city to propose a tax on all artificially sweetened drinks. only berkeley, california has done what philadelphia has just accomplished. the tax wouit's anticipated to bring in $91 million ber year. what further driistinguished th philly fight is how he framed the issue. revenues will be used for universal prek and other community programs. so has he just created a play book for other cities to do like woouz? the major of philadelphia joins

me now. mayor, you graciously gave me 15 minutes for an interview about a month ago to talk all about this issue. you never once used the word obesity. tried twice before in philadelphia, by using health concerns and health issues and failed twice. we recognized through polling and through the prek organization in philadelphia, the community school model was something that was attractive to people and everyone wants their recreation centers, libraries and parks to be in tip-top shape. and ours sadly aren't. we have some facilities that are 80 years old and haven't been repaired in 40 years. in a holistic way. >> there were ads being run. people were going to movie theaters, in addition to previews of coming attractions would you see a commercial put forth by groups opposed to this. have you created now the playbook as to how this might take hold across the country? which is to say, identify a particular program that needs

funding, don't talk about health, and then let them have at it? >> well first of all, people should understand when you buy a beverage in a movie theater, it is so overpriced to begin with the profit margin on these products, have been legendary and the profits that the soda companies have been making is legendary. what we're saying is basically you have marketed this plukt to poor people for generations, all we're asking for is for a tax to let some of the money stay in struggling communities so that kids can have a better chance. it's clearly shown that 3-year-olds and 4-year-olds who have quality prek have a much better chance of being successful citizens than those who don't. >> you referenced the poor. people will say it's a regressive tax. >> it isn't a he aggressive tax. what's regressive is the way the big soda companies have treated the poor over generations with an unbelievable amount of marketing efforts in poor and

minority communities. the single-most achieved disease in african-american community is diabetes, if you're born with it, that's one thing. but if you acquire it through years and years of drinking sugar-sweetened beverages that are totally absorbed into your system, you're more likely to get diabetes than not. >> mayor jim kenney, thank you for being here. 1.4 million people have signed a petition calling for the removal of the judge who gave a light sentence to the stanford student convicted of three sexual assault felonies. you may not have heard what his decision was based on. advice from neutral people involved in the case, and i will explain in a moment. that not only looked as handsome as charles stephens' barrel on his farewell voyage over niagara falls... but stood up to any kind of weather... ...no matter if the forecast is this... ...or this... ...or this. if a stain can make your deck beautiful

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finally, a word on the case that the orlando tragedy knocked out of the headlines. brock turner. the stanford swimmer who was convicted of three counts of sexual assault. i think there's a little bit

more to this story. the firestorm surrounding turner's sentence continues. more than 1.4 million people have signed a petition calling for the removal of judge aaron persky. and last tuesday a santa clara county prosecutor initiated the removal of the judge from hearing a sexual assault case that involved a male nurse and a sedated female patient. plus 16 jurors have now refused to serve in judge persky's courtroom because of his ruling in the turner case. the former stanford swimmer faced a maximum of 14 years in state prison. the prosecution sought a sentence of six years, the judge gave him just six months. so this week i read the 98-page sentencing file that was supplied to the judge by the probation department. that report is based on an investigation of the case, it includes interviews with the victim and the defendant. and it makes recommendations to the judge. i was curious to see whether any of the contents could supply justification for the judge's

slap on the wrist. the judge has been publicly charged with sexism. so i was surprised to see that the probation officer who conducted the investigation was a woman. monica lusettra, a deputy probation officer and both she and her supervisor, frank nessi signed the report which called for quote a moderate county jail sentence. translated, that means four to six months. the report cited the defendant's age, lack of criminal record, expressed remorse, sympathy toward the victim and the role of alcohol in the assault. among the observations -- quote, this case, when compared to crimes of similar nature, may be considered less serious due to the defendant's level of intoxication. the report also noted the desire of the victim, writing perhaps just as importantly but sometimes overlooked, are the victim's wishes as to the potential outcome. wait a minute. the victim's wishes? the victim, you'll remember,

read a 7,000 word letter to the rapist in the courtroom, that made her anger pretty clear. but according to the probation report, she earlier told the probation investigator quote, i want him to be punished. but as a human, i want him to get better. i don't want him to feel like his life is over and i don't want him to rot away in jail. he doesn't need to be behind bars. she was later understandably upset to learn that her words were used to imply that she didn't want the defendant to be punished at all for his actions and she claimed they were distorted, taken out of context. let me be clear about something -- i, too, think that six months was too lax for three felony convictions and the buck plainly stops with aaron persky. he's the judge. but i just wanted to point out that he didn't make this decision in a vacuum. and he actually exceeded the neutral sentencing recommendation of the county probation department. plus we have to worry about the chilling effect that his removal

might have. you'd hate to be a defendant awaiting sentencing if judges suddenly think their job's on the line unless they throw the book at everybody. that's it for today's program. please tweet me, @smerkonish. see you next week. my name is aaron roundtree, everyone calls me tree. and i lost 17 friends at pulse nightclub. they say one of the worst parts is walking over the bodies and there's phones ringing, phones ringing over and over again. and you can't pick them up. >> they were young. they had a very long life ahead of them. my heart is the heaviest it's ever been. >> president obama is trying to make terrorism into guns. >> if we don't act, we will keep seeing more massacres like this. >> the chasm among republicans is widening. >> i'm an outsider. and historically they don't love the outsiders. >> he's going down in