speaking from. arizona is a state where trump's stance on immigration and a border wall has served as a lightning rod issue for both sides. big latino community there. inside, those supporters are waiting to hear from trump. again, we will bring you those remarks live at 7:00 eastern time. you can see outside protesters lining up to make sure their voice is heard, as well. michael smerconish, it's been a tough week. the orlando massacre inspired an historic filibuster about gun violence. i'll speak to one of those senators whose proposed new legislation, the senate will vote this week on several gun bills. but 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, they're 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." when criticized by gop leaders, 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 have they 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 florida filibuster to finally get gun control legislation even discussed. monday, they're actually voting on gun amendments about the terror watch list and expanded background checks. but because of warring partisan concerns in an election year, none are expected to pass. can any headway be made?

joining me today, senator bob casey, he spoke three times during the filibuster, even though he originally ran for the u.s. senate as a pro-gun candidate. and yellen ubinis a writer for the "philadelphia daily news," who discovered how alarmingly easy it is to buy a deadly automatic weapon. and patrick dun frye, a lawyer who successfully sued a gun seller for providing the gun that shot two milwaukee police officers. helen ubinis, i want to talk to you about your daily news column, the self-explanatory title, "i bought an ar-15 semi-automatic rifle in philly in 7 minutes." is that true? how difficult was it, helen? >> it was extremely easy. i walked into a gun shop in philadelphia and, you know, it should be said that i could have done this in any gun shop. and within minutes, i walked out. the seven minutes was the amount of time that i ballpark between the time that i gave him my driver's license to when i realized, oh, i'm eligible to

buy this gun. but it was mere minutes between the time i walked in and the time i walked out. >> i know from reading your cover story, when you walked in, you were nervous that you were going to be nearly interrogated. did you have to answer any questions? >> not many. as i said in my column, i was driving over there and i was very uncomfortable, because i'm not a gun person, i'd never done anything like this before. and i was trying to come up with certain stories if they asked me questions, why i wanted this particular gun, especially this particular gun, the day after the massacre, when we all thought it was still the ar-15. but other than a couple of questions here and there that i answered as minimally as i could, i really wasn't asked many questions. >> i want to underscore, as you just 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 to be honest with you, i was -- i was a little -- i would think, suspicious looking.

i was nervous, i was sweating, you know, i didn't look comfortable, i was asking for this particular gun, that at that time we all thought was used in the massacre. the gun was one that was in the window. individuals there were talking a little bit about the incident, about how horrible it was, but they were talking about how horrible it was, as 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, i assume, 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, it's not every day you have a reporter sort of stumbling in, asking, can somebody please take this gun off my hands. they did. i turned it over. >> seven minutes. i think that says it all.

helen ubinas, thank you so much for being here. >> thank you. >> joining me now is senator robert casey. senator, we both come from a state with a real gun culture. and you have talked recently about a conversion that you went through after the events at sandy hook. explain. >> i think the evidence is pretty 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 is 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 kind of asking myself, that there was 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 charleston? or 49 in orlando? so i had to confront the question, because i knew i had the vote on, and up to that point in time in the senate, we

really had not voted on it for many years. >> what are you prepared to support? perhaps on monday, that you previously would not have supported? >> well, monday, there'll be -- or i should say, tuesday, a background check bill that we don't know exactly which version on the republican side, but i'll support both of the democratic bills, both on the background check and a new measure that senator feinstein 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 a 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. in fact, 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 and instead of running, wrapping your arms around a 6-year-old boy and accepting death as a trade for just a tiny little itty-bitty piece of increased peace of mind for a little boy under your charge. >> i guess here's the question. if nothing should pass this week, will the filibuster have been for not? >> no, i don't think so, michael. first of all, i want to commend what chris murphy did. it was a remarkable testament, not just of fortitude, but to a willingness to finally say, look, i'm drawing a line here. i'm going to stop activity in the senate until we at least have a vote. but we have to start, we have to start passing legislation, we have to start taking a new approach to this.

i think, michael, with the same urgency that we had after 9/11. no one said after 9/11, just enforce the existing laws and if a terrorist wants to fly an airplane into a building, there's nothing we can do. we just have to enforce existing law. we didn't say that. we said, we knew new policy. we need a department of homeland security. we need to do whatever it takes to stop terrorists from doing that. we need the same approach on gun violence. >> senator bob casey, thank you for your time. >> thanks, michael. >> now, if congress won't take action over guns, maybe our courts will. families of victims from the sandy hook massacre that killed 26 lives are seeking to hold remmington, the manufacturer of the ar-15 used by the shooter, civilly responsible for that massacre. and on monday, they're going to learn whether the case will proceed in connecticut state superior court. the theory of that case is that it's unreasonable for a gun manufacturer to market to civilians a weapon developed and manufactured for war. joining me now to talk about this is patrick durfee, a trial

lawyer from wisconsin, and last year dunfee was successful in getting a milwaukee jury to hold responsible a gun store that sold a weapon used to shoot two policemen. patrick, thank you for being here. what is the theory of negligent entrustment? >> negligent entrustment 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 given. 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. and i think it's a viable theory. you know, you talked about them, push master remmington as 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 firearms to people likely to misuse it.

and my thought is that after all the mass killings that have been -- that have happened as a result of this type of weapon being manufactured, sold, and distributed to the general public, that bushmaster, remmington, they have to know and expect that it's likely to be misused. >> it would seem to me -- and therefore they're going to be liable under negligent entrustment. >> it would seem to me if discovery proceeds in this case, the way in which this weapon was marketed would become significant. let me show you what i found on the cabela's website regarding this weapon. the r-15 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 they're necessarily talking about, uh, moose. i think they're talking about the firepower that's associated with this weapon. and it's the firepower 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 -- 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 apal ipala. i mean, they're appealing to somebody to take this weapon and use it in a military fashion in a civilian setting. it's not used for plinking tin cans off the wall. >> so people will listen to this segment and they'll say, wait a minute. you're trying to hold the gun seller, you're trying to hold the gun manufacturer, you're trying to hold everybody responsible except for the guy who pulled the trigger. respond to that? >> well, that's just not true, at all. because the criminal courts take care of the person who pulled

the trigger. but that's after the fact. so if you want to enforce the laws against the criminal, do it! and you should. but that's after the fact. that's after the carnage. that's after it's all happened. the important thing about this law, about negligent entrustment, is you take care of the problem before the trigger is pulled. >> a final point. you as a trial lawyer have to shoehorn in to this theory of negligent entrustment. and here's something i remember. the very day you won a $6 million award on behalf of those cops, i was at a cnn presidential debate between hillary clinton and bernie sanders. i think it was in vegas that night, 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. >> oh, absolutely it does, you cannot walk away from the gun violence in this country and the slaughter that's occurring in our cities and our clubs and our schools. it has to be part of the presidential debate. 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 the courts that are the only option left for the american people to get some kind of justice and get some kind of change. >> and that's why i wanted you hear. because 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 to you in the court system to sort it all out. patrick dunphy, thank you for being here. >> thank you for having me, michael. up next, florida had a hard week with the shootings and gator attack in orlando. so did candidate donald trump. i'll talk to a florida congressman who's going gator hunting this week. and who just endorsed trump. you might be thinking, looks like i picked the wrong week to endorse donald trump. which reminds me of this classic running gag from the comedy "airplane." >> it looks like i picked the wrong week to quit smoking. looks like i picked the wrong week to quit drinking. looks 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 when criticized by leaders, he threatened to go it alone. but congressman ted yoho took a stand for trump right before the massacre in his home state of florida. yoho represents the gainesville area. in 2012, he pulled off one of the state's biggest upsets when he beat a 24-year incumbent in the gop primary. he then helped lead the charge against speaker john boehner's re-election and he joins me now. you, i should mention at the outset, you are a big animal veterinarian. i would be derelict if i didn't ask you about that gator tragedy. you know, as one who vacations

in your state, congressman, 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. that's kind of common knowledge around here. >> i understand our gator hunter? >> no, i'm not. i'm going for the first time tomorrow, in fact. i'm going to take my son and, in fact, we did a tour today through central florida and went through some cattle farms, and they took us to an airboat ride on one of the lakes out there. and they said the state fwc, the florida water commission, wildlife commission, was doubling the amount of gator permits they're putting out this year, because there's such an abundance of them. >> how will you hunt them? >> well, you go out on an airboat, you'll shine a light and find them and then you locate them and you go ahead and

harpoon them and bring them to the surface and then you'll use something they call a bang stick. >> are you motivated to do that -- if it's your first time, congressman, are you motivated to do it 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 intend to -- the gator you will harvest will be one that you turn into a pair of boots? >> yeah, that's our goal. >> but it's hard to express any sympathy for a gator during the course of a week where a 2-year-old lost his life at disney world, but you know, they're just doing their thing, right? >> well, they are, and you know, they found that gator, i think it was a week or two ago, that had a body in it. and then about three months ago, in florida, there were two guys that robbed some place and one of the guys jumped in a lake and he got eaten by a gator. you know, even in my hometown of gainesville, we had a curator of one of the botanical areas, parks in my area, and he got his arm taken off by an alligator. they're everywhere, they're dangerous.

people -- they're not pets. they're not a lizard. you know, that you want to go up and pet. they'll eat you. and it's just such a tragic thing about this young person from nebraska that was killed by this alligator. >> i don't know how to do this. it's going to be awkward. let me switch and talk politics. okay. >> yes, sir. >> to go from one to the other is not easy. >> well -- >> there's a verbiage in there somewhere, but i'm not sophisticated enough to know it. >> i tell you what, politics is a lot like alligators. it's -- somebody's always snapping at you. >> fair enough. and some will say i'm snapping at donald trump, because i want to walk through what's been a real tough week for him. you endorsed him before last weekend, then came the tragedy -- >> i did. >> many think that he handled it poorly. among other things, he wanted everyone to know that he was prescient. he wanted people to know that he appreciated their 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 foreign policy, our national security policy and our immigration policies, they're broken. and i sit on foreign affairs and i see a lot of stuff, 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 thing that he did that got a lot of attention, he blamed the president. the word choice that 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 advisers that have lead for the uprising of isil. >> it sounds to me, congressman, thus far, as i work through the list, like 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 his 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, 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. but i've had that experience, myself, when i say something, and it shows up in the press differently. and it's just, you know, sometimes you wonder, are people

pulling politics just to sell media? i hope no. >> i'm trying to drill down on the substance of it. you endorsed him, i get it, three weeks ago, and then again just a week ago. and i was curious to know, in what i perceive to have been a very rough week for the presumptive republican nominee, i just wondered if anything had taken place that had given you pause for concern? i mean, the fourth thing on my list is that he renewed his call for the muslim ban. the muslim ban would have had no impact on this american who's been in the country, you know, 30 years, and killed those 49 people. >> i agree on that. i mean, i agree 100% with that. but i also came out months ago, saying that we need to suspend immigration into this country from countries from the middle east that we can't properly vet. and again, i sat with the secretary of homeland security, the director of the fbi, mr. comey, 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 this is not anti-islam, 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? >> you know, you hear all that kind of stuff, and i think it's just talk. no, i mean, he's won, clearly, hands down, throughout the nation, resounding victories over and over again, against 16 seasoned, veteran politicians. and the number 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.

>> congressman yoho, thank you so much for your time. >> yes, sir, i appreciate it. up next, the mind of the madman. what drove the orlando killer to massacre dozens of people in a gay nightclub? did it have to do with his own sexuality? or snowboarder. or a skier with two kids who snowboard. wait, where's your wife? there she is. you also like to work out. less intense? there we go. or you want to know your heart rate. when you're doing this. or this. or this. or this. which means, you should probably wear this. beat yesterday with vivoactive hr. from garmin. experience the thrill of the lexus is f sport. because the ultimate expression of power, is control. this is the pursuit of perfection.

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the orlando shooter was a radical islamist with a wife and allegedly patronize the gay nightclub he shot up. joining me now, forensic psychologist, dr. michael wellner, who's been involved directly in examining some very relevant cases, mass shootings like aurora, bias crimes. what's a vanity mass killing? i've heard you refer to this as

that. >> what'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 us to write about him. for him to become someone who gets redefined as someone that 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 it may just happen to someone who's a dead-ender, but who's making a choice to be someone else. but it's all about him. holmes, a great example. someone who was at a dead-end point and was really preparing -- he even referred to a website that he took out as a social branding destination. and that part of the planning isn't just to carry out a mass killing, but for the note rorie and profiling that comes with it. >> but he's not alive to, i don't know if the word is right,

but enjoy his notoriety? >> that's true. but, but, the payoff for him, is shaheed. the payoff for him is responding to the call to carry out a mass killing targeting americans during ramadan, and if something like that is executed, for someone who follows the teaching 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 essentially gets an express ticket to the paradise that he seeks. >> but what is he -- >> it's a better payoff than this -- >> but i'm questioning whether this is a guy looking for the 72 virgins, based on what i'm hearing, and based on the clubs that he's patronizing, is this all about him seeking atonement because he was closeted? >> i think we need to appreciate that utopia is more than virgins. 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 there are different islamist movements, isis is selling utopia. this is precisely why women get involved. this is the signature of how orlando ties to san bernardino. isis in america. something where the woman draws the man in, there's a place for a woman, there's a place for a man, but what they're seeking, alive or dead in the next world is utopia. they're selling something idealized and this is how you achieve it. and if you believe, you buy into it. and that's how it all comes together. we may not relate to it, but that's how he relates to his faith. >> but lacking your credentials, i'm looking at this and i'm seeing a case that reminds me of the minister who rails against homosexuality and then you find out, he, himself, is closeted. i mean, 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, and this is just for future reference, because these discussions will happen again. 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 dlonlgical killer will not act alone. nobody joins a vanity killing. he didn't act alone. once that's established -- >> you mean the wife? is that what you're thinking of? >> i think the wife was involved, and at the very least, there was no way, with what we know about the wife, that she did not play a support and urging in role. keep in mind, this is a woman who is going to lose her husband and the father of her child. and this is a man who is going to lose his wife and his child. and so, the handlers that we've seen in suicide bombers and other countries, they have that function. they don't blow themselves up, but they move someone along and they encourage them and they get them ready. now, what her role was, whether it was subtle, 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 ideological mass killing with, the key is

the body count more than anything. because if you don't create spectacle, no one will pay attention. and in a spectacle ideological crime, the killer doesn't hide the ideology. he makes it clear for all to see. >> thank you for your expertise. everything you need to know about donald trump can be learned from what he liked -- what he is like on a golf course, meaning does he cheat, lower the score, move the ball? some interesting insight from someone who's played with him is coming next. each day was fueled by thorough preparation for events to come. well somewhere along the way, emily went right on living. but you see, with the help of her raymond james financial advisor, she had planned for every eventuality.

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including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ask about humira, the #1 prescribed biologic by dermatologists. clearer skin is possible. this weekend, the 116th u.s. open is being played at pennsylvania's famed oakmont country club. the scotts say golf 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 bamberger knows the answer. he's the senior golf writer at "sports illustrated." he's hit the links with the

donald on at least nine occasions in the last 15 years, and he's written about those experiences. he joins us now from oakmont. okay, michael, how's his game? what's his handicap? >> well, he's a very good golfer. he's not as good as he thinks he is or says he is. there's golf with a pencil in your hand where you're actually keeping a proper scorecard and the way millions of other people, donald trump among them, play, and you just kind of wing it and go along as you care to. but he's probably an legitimately, and he cites his golf skill as one of his qualifications for the presidency. i guess it's appropriate we're talking about it. >> sure, 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 guaranteed that four hours and 18 holes later, trump will be victorious. in addition to that, he's a big, large man. he hits it long and in play, he has a very lungy kind of swing. he played baseball and other sports as a kid. it's semi-athletic. it's a lunge. and then he puts very well. and i think one of the things he's proud of, to take donald trump's golf seriously for a moment here, is a good short putter under pressure and he takes a lot of -- he takes a lot from that. >> to borrow a line from the great movie "caddyshack," does he keep things fair? >> keep it fair, keep it fair. well, he's kind of -- he's not going to be like the rodney dangerfield character, handing out 20s left and right. i think he's actually personally very frugal that way.

i think he keeps it fair in his mind, but in actual fact, he's creating rules that are very situational. if he wants to take a mulligan, wherever it might be, he takes a mulligan. if he wants to take a gimme, he takes a gimme. he does what he wants to do. but bear in mind, every time i've played trump, it has been on a golf course that has trump's name on it. so membership has its privileges and ownership has its privileges. so he's not truly playing competitive golf, as like we're going to see being played at oakmont, of course, this week. he's playing a much more casual version of the game. >> so let me ask a question that sort of spans his business prowess and his apparent love for golf. you know, many are saying that golf is on the wane right now, and there's a lot of talk about how there needs to be a campaign to say, you can go just play nine. and yet, he seems to have invested against that trend. comment on that. >> well, he is a bottom feeder buyer, i mean, that was true in his casinos, as well. he sees that the golf market is

depressed. and he's bought up courses, as you're saying, michael, left and right, including the turnberry resort, spectacularly beautiful golf resort in scotland and the doral resort in miami, which for years had a pga tour event but no longer will. the 2016 event was the last time that they're going to have it. and i've talked to trump at length about this very subject. and he feels that golf's an aspirational sport and the rich and the super rich to whom he caters almost exclusively are always going to want to play golf and his kids -- he's also wanting something he can turn over to his kids. and he's said, in fact, if he becomes president of the united states, the kids will run his golf empire. he sort of belittles it, but it's actually a very significant part of his portfolio. >> i've learned from you that at westchester, his lockermate, right next door is bill clinton. now, that's a twosome i would love to see out on the links, michael bamberger. >> yeah, well, they've played

together a number of times. in fact, trump -- as i understand the story, trump gave a membership to clinton at this trump westchester course, clinton didn't want to accept the membership, as i'm hearing the story, because he didn't think it looked appropriate or what the reasons might have been. but trump was insistent and regardless of how it happened, the fact is clinton hasn't resigned his membership. there's a locker bearing his name there. and joe torre has a locker and one of the manning brothers has a locker and lou rinaldi also has a locker there. >> enjoy 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 a fight against obesity or something more? and will other cities now follow suit? this is how you apply

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philadelphia has just become the first major city to oppose a tax on all sugary and artificially sweetened drinks. 40 other cities, including new york, have tried and failed, but only berkeley, california, has previously done what philadelphia just accomplished. the tax, 1.5 cents per ounce would add 18 cents to a 12-ounce can, $1.01 to a 2 liter bottle and $2.16 to a 12-pack. it's anticipated to bring in $91 million per year. what further distinguished the philly fight was the way that the city's mayor, james kenny, framed the issue. he made it all about early education and not obesity. revenues will be used for universal pre-k and other community programs. so, has he just created a playbook for other cities to do likewise? the mayor of philadelphia, jim

kenney, 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." . >> well, i mean, i think that was used twice before by using health concerns and issues, it failed twice. we recognized through polling the pre-k for philadelphia, peopleped it for as many children as possible t. community school model was something attracted to people. and everyone wants their recreation center, libraries and parks in tip top shape. ours sadly afternoon. we have some facilities 80-years-old and haven't been repaired in 40 years in a wholistic way. >> there were ads being run. people were going to movie theaters. in addition of coming attraction, you would see a commercial put forth by fwrups that were opposed to this. have you created now the playbook as to how this may take

hold across the country, which is to say, identify funding, don't talk about health, 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 the profit the soda companies have been making are legendary. we're saying basically you have marketed this to poor people for generations. all we're asking for is a tax to allow some of that money to stay in struggling communities, so that kids can have a better chance. it's clearly shown that three and four-year-olds who get quality pre-k have a much better chance of being successful students and citizens than those who don't. >> you know the criticisms. people say, you referenced the poor. people will say this is an aggressive tax? >> it is a regressive tax. what's regressive is the way soda companies treated the poor by an unbelievable marketing

efforts in poor communities. a single most achieved disease in the african-american community is diabetes. if you are not born with it. if you are born with it, that itself one thing. if you acquire through it drinking fruit and suggest ar bevages, your likelihood, are you more likely to get diabetes than not. >> mayor jim kenny, thank you for being here. >> thank you, michael. still to come, 1.348 million signed a petition to the judge that gave a life sentence to a person with three feloniesing you may not have heard neutral people involved in the case. ly explain in a moment. with up to 27% more brush movements versus oral b. . usin

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♪ "dinner!" "may i be excused?" get the new xfinity tv app and for the first time ever stream live tv, watch on demand, and download your dvr shows anywhere. finally, a word on the case that the orlando tragedy knocked out of headlines, brock turner, stanford swimmer convicted of

three counts of sexual assault. i think there is a little more to this story. the firestorm surrounding turner's sentence, that continues. more than 1.14 million people signed a petition calling for the removal of judge perski, last tuesday, a santa clara county prosecutor initiated the removal of the judge for a sexual assault case with a male nurse and sedated female patient. plus, 16 jurors are now refused to serve in judge perski's courtroom because of his ruling in the turner case t. 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. this week, i read the 98 page sentencing file supplied by the probation department. that report is based on on investigation of the case. it includes interviews with the victim and the defendant. 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 lesetra, a deputy probation officer, both she and her supervisors 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, express remorse. sympathy towards the victim and the role of alcohol in the assault. among the observation, 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 will remember read a 7,000 word letter to the rapist in the courtroom that made her anger pretty clear. according to 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 and 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 perski, he's the judge. i wanted to point out he doesn't make this decision in a volume. he actually exceeded the neutral sentencing relevation 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. eel see you next week. it is 7:00 eastern time, i'm jim scuitto tow in for poppy harlow. we go inin phoenix, arizona, donald trump is holding another campaign rally. trump is expected to take that stage, that podium there at any moment. though he has yet to utter a single word, there are roots of anger there, protesters began gathering near the venue, cameras capturing these intense changes. police have been out in force as well. cnn's jeremy diamond is inside the sight. anika, we saw pr