♪ i'm michael smerconish in philadelphia. we welcome our viewers in the united states and round the world. no sooner was the 116th congress joined in before the divide was laid bare, a congresswoman drarp dropping the "f-bomb" is it it a winning strategy for a house led by nancy pelosi?

will california's new set of laws from everything from gun ownership to sexual harassment to plastic straws end up going nation wide? and while rr they're happily sending off their dna to get family trees, they're helping law enforcement. does that benefit out weigh privacy concerns. a student hung an f-nazi sign and was asked to remove it because it wasn't inclusive. of who? nazis? and 11 years after i co wrote a book with his widow, the case back in cort. everything about this case is controversial, except the underlying facts. but first democrats were much more successful during the campaign than after in mavrging the divide in the party as to

whether pursue impeachment. democrat of michigan, the first palestinian american woman in congress was speaking at a move-on event in washington. she not only called for the president's impeachment but dropped the f-bomb. >> and when my son looks at you and said mama you won and i said bullies it don't because year going to go in there and we're going to impeach the mother -- >> for example new york congressman, now inchair of the house judiciary committee said this about tlaib's remark. >> no, i don't like that language and more to the point i disagree with what she said. it's too early to talk about that intelligently. we have to follow the facts, get the facts. >> so on my sirius xm radio

program yesterday i posed this survey question. which democratic member of congress has the right approach? the we're going to wait and see or the year going to impeach the mother --? anded aler said what i said was we need to follow the facts and get all the facts. that's why we must protect the mueller investigation and why it's so important to do our own investigative work as well and we'll see where that leads. i know rasheeda talib agrees. does she? i think this speaks volumes looking tortsds 2020. namely they don't want the perception of division. but clearly it exists and he's

flattout wrong whether he says she agrees. she would never have made the m-f comment. and nancy pelosi has a harder job than minority loader in terms of holding her party's caucus together. it's much more desperate, like hurting cats. they love what the congresswoman. i say the number of her twitter followers explodes. friday she had 141,000. and it had already gone up to 211,000. on the other hand fox news being able to endlessly play a clip of a muslim democrat calling trump an m-f.

and by the way we reached out to both congressman but they denied my rekwesz. tell me which approach do you think is best for the democrats? jerry nadler? or rasheeda tlaib, we're going to go in impeach the mother -- and co authored this piece after she vowed to impeach the mother -- they say it only gives ammunition to the g oop. 2015 in the washington post you saw it coming. quote it would be a terrible mistake for america's political establishment to dismiss trump's

poppialest appeal and say he's unelectable. aren't we watching how reelection takes place when you called the president an-f. doesn't that fire up his base and help? >> there's still aspects to it. there's the it fake outrage of those people who watched the president over and again use bulgarian words. and now they're using this dliep stigmas it one of the first muslim women in congress. regardless the style, let's debate the substance and whether we agree or not, this would fire up heir base on one end. on the other a window in where the democratic party will be in 2020. the issue with this -- exactly as you said. i predicted trump's victory

based on the language he can deployed and communication strategy. however if congress men and women -- and remember others have introduced articles of impeachment already. other democrats. however we focus on one muslim woman for a reason. because it helps them. because it shifts the focus from trump policies that are hurting americans and betraying american workers, farmers, soldiers overseas and his erratic behavior shifts to the debate over impeachment. in order for a democrats to win with, more than to appeal to these undecided voters thoorks independent voters and to some moderate republicans who believe that in order to win, you have to deploy different strategies, different language, a vision of

hope verses a vision of hate and don't victimize a person legitimately elected. in order for trump to wing, he needs to shift it from his tailiers. for me the best way to answer is let the public opinion choose. let them vote him out. they already rejected his policies. >> the president tweeted about this. how do you impeach a president who has won perhaps the greatest election oall of time, done nothing wrong, it was it the demes that can colluded. the most successful first two years of any president. the most popular republican party in history, 93%. his standing is at 93%, it's probably because his beige looks at a muslim woman elected to

congress, calling him an m-fer. your thoughts? >> i don't think her comments have any impact on trump. they didn't know who she was until a day ago. so they had no idea who she was. and when she came in, if you'll notice. she had already written an op-ed. she is somebody who has -- she campaigned on this. this is a district that hillary clinton won with 79%. i mean this is a message for her voters. >> okay john. but then why is jerry nadler so sensitive when i accurately quote his words and quote her words and does he want to mask this divide that clearly exists in the party? >> oh, there's clearly a split

but i think it's a matter dof gree. no democrats on the hill like trump or don't think there will be some action taken against him, after the mueller report. and that's the key. the split here is before or after the mueller report. and speaker pelosi and the senior leadership of the house democrats is not going to take one move on impeaching trump before that to. and i think they find it really distressing that a brand new member of congress is caught on video cursing out the president. i think it just -- it played exactly into trump's hand. he could use it, exploit it to rile up his own voters and fox did what fox news will do with it. dwroob think this is a it

tempest in a tea pot. next week we'll talk about a whole new trump scandal. and let's face it. he used this to distract somewhat from the it government shutdown. >> yeah. >> so let me to that point show what the president said in the rose garden. >> i thought her comments were disgraceful. using language like that in front of her son and whoever else was there. i thought that was a great dishonor to her and to her family. i thought was highly disrespectful to the united states of america. >> to a point you made earlier. he is the guy who said grab them by the "p". it's not like he has a clean bill of health to be haarbter of what's appropriate. >> the person is the last one to talk about decorum or civility. he calls a woman a horse face,

black athletes son of "b". i mean seriously. but look at what he said in the end and i think we need focus on his communication strategy. he keeps saying it's a disrespect for the american people. she's an american citizen first and foremost. he keeps indirectly and directly using this divisive language. who are them? athletes and others, whoever oppose him is them. however, again i think democrats in order to win 2020, they need -- i don't agree they all need say the same things. i mean disagreement is okay. and the communication strategy for whoever wins, have to be appealing to those independent

voters so they can galvanize them as much as they can excite and galvanize their basis, that is the major issue here and look, it should be a dream campaign. trump keeps giving you gift after gift. so run on his failures. hey, john, a quick final ate the if i may. it used to be the way you attain seniority was be a back bencher rise through the rapgs. today you say something insendiary, get an enormous social media following. i think she will benefit, no? >> i think she will get clearly her exposure. but the strategy laid out was exactly how donald trump got elected. it's not like she invented this. trump is a master of and you

know trump is a master at counter punching. if you get in there and start calling names and stuff, that's the kind of fight trump wants and i think the democrats will -- the democratic leadership will avoid that. they're not calling him names, they're not getting in and trying to do a daily back and forth. i think they foind what it tlaib did very helpful. . and this incident will seem minor in a month from now. i'll come back a month from now and we'll talk about it. >> we will. what are you thoughts? go to my facebook page. i will read responses. the comments are far less

controversial than spds@real donald trump. >> this is the guy who famously said you grab them by the "p". it hasn't worked him when you fight him at his own level. remember the invocation of the size of trump's hands? no wouldy's been able to beat him this far. >> you're igniting that base and i want to know -- go to my website because this remains the poll survey question of the day. which democratic congressman has the right approach? we'll have to wait and see what they come up with. up ahead. california just launched a bunch of new laws and everything from plastic straws to sexual harassment often migrates to the

rest of the country. plus the state has opened its primary voting on the same day as caucus. how will that impact people like eliz blgt warren? and submitting it, you might be helping the police capture a distant relative. are you cool with that? alright, i brought in

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if california makes huge cultural contributions to the nation, undeniable. arcade games, the jacuzzi, how about the red hot chilly peppers just to name a few. well the same is true for the golden state political kaunl contributions. many laws that take hold have a way of migrating across the country.

think the decriminalization of pot and no, not everything that comes from california is necessarily liberal. anyone remember howard jarvis and prop 13 that froze property taxes or the ban of affirmative action. and the ban of same-sex marriage that was struck down by the supreme court. and hundreds of new california laws take effect january 1, impacting a rath of new on mandates including when plastic straws will be handed out at restaurants, and set new limits on the ownership of guns. joining me is the sacramento bureau chief of the l.a. times.

what is it about your state that gives the characteristic of being on the van guard? >> that's a good kwgz. first all of let's point out california is almost a nation state of 40 million people. i think they've embraced as part of their own cultural dna that they want to be first, experimenting this. i think certainly their legislators in sacramento feel like that a lot. i spend a lot of time watching them react and what they're hearing and reading about, hearing on your show and so i think a lot of times they're looking for ways to improve the experience. and certainly they're active and hundreds of new laws that took effect in january and an interesting conversation starter for the rest of the country. >> what is it you're focussed

on? >> some of the ones in the newspaper are the more interesting ones. let's talk about the limit on plastic straws and restaurants. it's important to point out this is not a ban. and it only applies to full-service. not convenience or fast food. it simply says you have to ask for it the plastic straw. i went into a restaurant that had a paper-style straw and it worked fine for me. but this is a way to talk about the amount of plastic going into the environment. and governor jerry brown simply said maybe they'll stop and think if they have to ask for the straw. i don't know iffe that's going play in peoria or other placeser of the country. >> you know there's a perception they're all nanny state

motivated. i don't think that's actually the case. it do you deserve -- does california deserve the nanny state moniker? >> that's going to depend on your own political perspective. there are conservative republicans and there are in california that think the state over reaches here. i will tell you one of the most interesting insights into how athe over reach comes from jerry brown. the man who will be gone, who wrote in a veto message not every woman condition deserve as law. and i think that's an interesting point to start from. it doesn't always end up then, but i think it's an important one. i think it changes what the details are in these laws.

like with the plastic straws or one that talks about soft drinks for kids' meals, these are shifts from one responsibility to the other to have a conversation. may i say as a laung life long east coaster, i think we're fortunate to see how these things work out. i'll give you an can example. this ban on private settlements for sexual harassment cases. as a trial lawyer it occurs to me some women may themselves wish to settle a case and now you're going to push them into the spotlight. there may be unintended consequences to some of the best intended initiatives. >> i was going to say i think that law in particular is important to point out something here. some of the way lirgs being construed or convicted is it's

an out right ban. it places -- it shifts the burden from who gets to make this decision from onledged assailant to the alleged victim. the effort to have transparency, certainly in the wake of the #me too movement and cases against harvey weinstein. they didn't have it the ability to bring it forward. and i think is an important part. >> john, well done. thank you so much for being here. >> thank you. style come when a student hung a sign to protaes swastika in her dorm, she was criticized for not being incluesive.

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ancestry.com and it's both good and bad news. many unsolved crimes are solved because of the science. you might not have directly contributed to the dna data base but if a relative of yours has, you too can be found and it takes just a small amount of contributors to map that entire population. my next guest has worked for the pbs documentary series "finding your roots" on which celebrities known their preev yviously unkn heritage. and having already contributed to 25 successful identificationess including snohomish, washington. i know it's not yet gone to

trial but how was it cracked? >> the first law enforcement case i used my genetic genealogy techniques on. it's uploaded to it a genetic data base. we're not using ancest redna or 23 and me, we're using that one public data base and it's compared to everyone who's already contributed voluntarily. we're looking at people who share significant amounts dna with that unknown suspect. >> am i right it was the second cousin who had dna in that data base and that's what should led to i guess i should say the alleged double murderer? >> there were two separate people that shared dna, one was a true second cousin and the other was a half cousin once removed.

>> presumably those individuals went looking for information on either their health and never intended it would lead to the arrest of a distant relative. >> that's krkt. correct. in early may the it website we're using changed their service to warn that law enforcesment is using the data base and gave peep thal tupgsz privatize it or remove f it but i'm sure it's stale surprise because they decide to test their dest dna and upload it. >> look, i'm totally into yeeniology. so i've tried to take interest to theed a vantsage, olmo it's difficult in terms of how

rapidly this field is changing. the thing that has surprised me the most is how few of us it would take to spit in the jar, so to speak, to map an entire segment of society? >> yes, we hit critical mass when we get just a small percentage of a certain population test itted. right now for the northwest european population, we're at that critical mass, particularly when we're using genetic genealogy. they can fit in that tube and access ancestry dna or 23 and me which is 20 million people to compare glens. so for law enforcement we can't identify as many as we can for people able to access the larger data bases. but it doesn't take a whole lot

to test before you can start doing that. >> and kbroinch quote said as saying as ominous as this may sound to come who worry about privacy is much more telling. >> that's absolutely true. in fact i use social media in my research. i have to look at myself and things like social needia. that helps me reconstruct families and figure out who i'm looking for. >> you are a dna detective. i should have said that at the outset. >> yes, i am. thank you very much. >> please answer the survey question. which democratic member of congress has the right approach? jerry nadler, quote we'll have

to wait and see what the investigation comes up with or impeach the mother-f 'er? and the latest in the campus hate wars. a student who hung a sign to protest a swastika that somebody drew in her dorm. she gets in trouble for not being incluszive enough. s energ. at royal canin, we developed over 200 precise formulas to transform every cat and dog into a magnificent animal. royal canin

the question isn't whether he should be impeached any more. he's the most corrupt president in american history. and we all know it. the question now is, how fast can we move past this president so we can build a more just and prosperous future? please, join the more than 6.5 million americans who are demanding action now. because there's nothing more powerful than the unified voice of the american people. together, we will make this happen. need to impeach is responsible for the content of this ad.

a college student fighting back against a string of hate crimes on campus ends up be thing only one to be in trouble. after someone drew a swastika at dorm door, she put up a sign that said f-nazis, you're not welcome here. the campus has an initiative called hate has no home at u mass aimed at rejecting all forms of bigotry and hatred. yet a week after she posted her sign, she receiveded an email asking her to remove the sign over issues of quote inclusion. while residents' education cannot force you or your roommate to take the sign down, i am asking that you or your roommate take the sign down so

all students can be part of an inclusive residential experience as well as a respectful environment to be involved in here on campus. they said the email had been quote poorly worded. i'll say. and that while they reject nazis t it was sensitive to the use of profanity and respects the student's right display the it sign and it remain up. the co author of "the coddling of the american mind how bad ideas and good intentions are setting up for failure." sounds like there was a concern of being inclusive evon for the nazis. >> they'll come up with whatever catch word to have an excuse to punish the speech.

i have a whole subsection about students getting in trouble for profanity and i'm being sarcastic was really about criticizing the university. parents seeing the f-bomb, and the f-bomb on the window and all of this stuff. a lot of people don't know this is it's not uncommon for students students or professors to get in trouble what antiracist speech. >> these cases, although used by opposite ends of the political spectrum, they really do defy ideological classification. >> and there's two chapters on coddling the american mind. and there's this kind of big middle of cases that come to my

organization which are about students being told more than to limit their sfeech tiny free speech zones. and it's interesting a lot of times media doesn't cover these cases if they don't conform to a preexisting stereotype. >> fate narrative. let's make clear. she has a right to say f-nazis, right? >> absolutely. the supreme court -- very specific about once again the f-bomb as we're forced to call it on cable news is protect itted. and there's a wonderful line but one's vulgarity is another man's lyric. >> well, i'm singing. you know i think it's also parenthetical. it's lost its sting. bono got an award and said it's

f'ing brilliant. it's lost its sting. the f-bomb really has no sting. the only thing i think that has sting in vulgarity is the c-word. that's still got sting. >> i'm of the lenny bruce aclu tradition where we thought by now all of the words would have lost their sting but i thunk we're growing the number of words. >> really? >> yeah, absolutely. >> i'm a sirius xm guy. i don't abuse it but i love the ability to say these things but i should not on a saturday morning. i know that. thank you for being here. >> thank you so much for having me and happy new year. up next. in 2007 i co wrote a book, this book with the widow of a police officer killed in philadelphia

and 38 years after her husband was murdered there is still no peace. i think i can sums are this case with one detail and i will do that next. the hard work you put into lowering your very high triglycerides with diet and exercise deserves the hard work that went into the science behind vascepa. prescription vascepa. vascepa, along with diet and exercise, has proven results in multiple clinical trials. vascepa looks different because it is different. over a decade of extensive research and development achieved proven results. that's the prescription power of vascepa. vascepa is not right for everyone. do not take vascepa if you are allergic to icosapent ethyl or any inactive ingredient in vascepa.

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in 2008 i co authored this best selling book, "murdered by

mumia." i never thought i'd still be discussing this book 38 years tafr the murder. but it's back in the news and i shouldn't be surprised because everything about this case is cont ruvrlgs except the ntd lying facts. faulkner was executed while making what seemed like a routine traffic stop. cook was driving his volkswagen the wrong way on a one-way street. jamal was then an out of work journalist driving a cab. his revolutionary ideas were well documented. he saw the police stop of his brother across the street. four eye witnesses portrayed a horrif lk sequence, one where he wran ran across the street and

shot officer faulkner in the back and finally between the eyes. before that, officer faulkner had discharged his gun, hitting jamal in the stomach and with that i guess you could say he identified the executioner. the murder weapon was registered to jamal. he purchased it at a local sporting good store. contained five spent shells. they fair verified the guns were the same brand, caliber, and type removed from the president's brain. abue jamal was heard to say i shot the mf'

>> should have recused himself when the case came before the high court. here we go again. as for the new issue, i note that for the justice at issue, ron castile, he didn't get to the supreme court until 1994. and there's no evidence that he was biased against the defendant, and he never cast a deciding vote on the case. in other words, if he had recused or had not shown up to vote, the result would have been the same. without him, there would have been an overwhelming majority to affirm, even without castile's supposedly biased vote. the retired justice told me exclusively this week, quote, i taught trial practice in the

d.a.'s office and told the new assistant district attorneys that the last thing they would want to do is convict an innocent person. the evidence against mumia was overwhelming. he received a fair trial and there were no appellate issues my court saw in the appeal. i treated this appeal fairly and impartially as did six other justices. that's what the judicial system is all about. it really is dumb to think a single justice overwhelmed the minds of six other colleagues, that did not happen in our deliberations. the evidence has been parsed for almost 40 years. whenever i am educating someone about the case in addition to what i just told you, i always like to point out one fact. abu jamal's brother william cook saw it all. it was his car stop that set in motion the chain of events. his words to the police upon their arrival were i ain't got nothing to do with it. and he never testified on his

brother's behalf. let me say that again. the brother of the man convicted of killing the cop himself never took the stand to tell a different story and he was there. think about that as this case is again debated in public. still to come, your best and worst tweets and facebook comments and we'll give you the final survey results of this survey question. go vote if you haven't. which democratic member of congress has the right approach, jerry nadler who said we have to wait and see what the mueller investigation comes in with or rashida tlaib. we're going to go in and impeach the mother [bleep].

nick, nick, we need a decision. these days we all feel a little anxious sometimes. tlaib. see if we let tensions run the show up here, then our bodies won't perform at their best out here. wait, aren't we going to the sound check? priorities. so i'm partnering with cigna, to remind you that how you're doing emotionally affects you physically. go for your annual check-up and be open with your doctor about anything you're feeling. physically, and emotionally. body and mind cigna. together all the way.

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this is going to be interesting. time to see how you responded to the survey question at smerconish.com. which democratic member of congress has the right approach. jerry nadler, we have to wait and see what the mueller investigation comes up with, or rashida tlaib. we're going to go in and impeach the m fer. look at the result. 14,000 votes cast. 84% approach the seasoned hand, jerry nadler, now chair of the house judiciary committee. 16% casting their lock with the incoming freshman from the great state of michigan. here are some reactions through social media. what do we have. i believe congresswoman rashid a tlaib has the right to say it and cnn has a right to show her f nazis sign during the airing.

katherine, did we blur the f bomb in the window? only once. we showed it. i'm cool with that. i love to show it to you. i am frankly not sure i can do that on cnn the way i would on sirius xm. if you listen to me on radio, i'm going to say the word, not going to bleep it out. but the purpose in asking the question is what's the best political strategy, just playing political scientist with the audience in terms of the democrats. is it the approach of nadler, await the outcome of mueller, or is it appease the base. i'm sure the base will love congresswoman tlaib. i want to tell you something, she kind of doubled down on her remarks. let me show you a clip of something she said last night after all of the controversy came to light. roll that tape. >> i can tell you i talked to a number of my colleagues including maxine waters, al green and others who were very, you know, smiling and telling me

we love your spirit, we welcome it. come to us if you ever need any help or advice and they agree we may impeach the president of the united states. >> they will be cheering on fox for that. did she just invehicoke maxine waters, the new member of congress with maxine waters and run that on a loop starring tucker and hannity's programs. that's my point. the base will eat that kind of stuff up. next, what do we have. sadly a muslim woman swearing is just the fodder, i just anticipated your comment. that's the point i was trying to make. show me the next one. lock her up certainly worked for trump. the sound bites are what win for him. it is the way he was able to win the last election. fighting him at his own level

was not a successful strategy. next. i like being able to do this rapid fire. inclusion, is this university serious? they're going to chastise the student and dare to use the term inclusion after she was targeted with the most horrendous symbol imaginable? right, f them. isn't that what you want to say? it was just the worst wording possible that a woman who's the victim of a hate crime for a swastika on something having to do with a hanukkah celebration says f nazis and she's told she's the one not being sufficiently inclusive. couldn't make those facts up. one more if i have time. smerconish, not just against law enforcement use but for selling private genetic information. persisting resistor, i am into genealogy, love investigating my family tree. i have yet to spit in the jar to look at genetic information.

i am glad we did that segment to put on everybody's radar screen some privacy implications. we hope they solve lots of crime, but respecting privacy at the same time. catch up with us anytime at cnn go and on demand. see you next week. we're so glad to have you with us as we are one our from vice president pence meeting with congressional staffers across the street from the white house. >> they'll be working toward an agreement to try to end the shutdown, something their bosses haven't been able to do for a little more than two weeks now. president trump is tweeting from the white house this morning i don't care that most of the workers not getting paid are democrats, i want to stop the shutdown as soon as we're in agreement on strong border security. i'm in the white house ready to go. where are the dems? >> democrats were at the white house yesterday when the president started the meeting with them by cursing. he told them if