situation room." follow me and tweet the show. thanks very much for watching. enjoy your weekend. have a fun super bowl. erin burnett outfront starts right now. governor of georgia confirms he's in a racist picture. one person in a kkk costume. calling for his resignation tonight. roger stone threatened with gag order. the judge warning him tonight. the family behind the painkiller. the one causing addiction and killing countless americans. court documents feel that family is fuelling the opioid crisis and making billions of dollars. a sitting democratic

governor admitting tonight he is in the photo you're about to see. okay. you see a person in black face next to a person in a black robe and then as we zoom out, you see the name ralph shearer. one of those people is the democratic governor. he admits one of those people is him in is his medical school year. not high school or college in is medical school yearbook. the picture is on his page. the quote about beers. moments ago the governor admits he is one of those two people. in a statement he makes it clear he thinks he can apologize and keep his job as governor of virginia. what is the governor saying. >> reporter: it's an extraordinary development. facing now this ugly reality of what he did for all the public to see confirming, trying to explain and apologize.

this is part of the statement he issued saying earlier today a website published a photograph of me from my 1984 medical yearbook in a costume that's racist and offensive. i'm sorry to appear as i did in this fphoto. this favor is not in keeping with who i am today and the values i have fought for throughout my career in the hill tear and medicine. i want to be clear, i understand how this decision shakes virginians faith in that commitment. this was from 1984. he was 25 years old at the time. clearly an adult. this is from the eastern virginia medical school. he doesn't say which one he was. if he was the clansman or the one in black face. both horrible. under the photo lists his alma mater. this quote as well, there are more old drunks than old droctos

in this world so i think i'll have another beer. it's a conservative outlet, a news outlet in the afternoon. i was followed by the virginia gop caucus calling for an explanation and then his resignation. it comes at a time, controversial time, a tricky time for the governor. he was coming under fire this week for backing a bill that would have loosened restrictions on abortion in virginia and this kind of emerged. you might recall that the democratic governor, he beat a very well known republican. we're going to see if democrats are still going to back him. my colleague reported that virginia black lawmakers, this hour will be holding an emergency meeting to figure out what will they do next. he's one year into a four year term. virginia law only allows them to serve one time. are the people going to stomach

three more years of this. it's unclear tonight. >> as these things are in the world we live, this isn't something that can stay in virginia. people outside of virginia can weigh in as they did in alabama and other places where the track record of people who are governors or senators has come out. >> april, can the governor survive? >> no, not at all. he called for president trump to come down, to step down after charlottesville. charlottesville is now a verb. it's not a noun. this governor also when he was a candidate and when he was lieutenant governor, he wanted to relocate to a museum. you cannot go against donald trump or other persons for racism and call for them to step down when you have something, a

yearbook, these year bobooks an beer. you can't call for someone else to step down and there's something you're acknowledging, you're one of two of these ugly, racist characters depicted in this yearbook. the next thing for him to do is to apologize, step down and let his lieutenant governor who is african-american, take his place. >> it's incredible. not there's any situation where one could imagine it being on page but there's four pictures on that page. three of which, there's the one individual. that's what he chose. medical school, 25 years old. >> an adult. >> in the context of what we're ta talking about is these things don't stay in states anymore and it's national. corey booker stumped for ralph northam. the night he won kamala harris sent out a tweet.

where are they tonight? >> i think it's important to understand that nobody knew this about ralph until today. it's a tragedy this is the man who is now the governor of the state of virginia. i think april is right. i don't think he's going to be able to survive this. i think he should step down oas the governor. the lieutenant governor should take his place. the democrats should wait for the information to come out. his response and apology. we can't hold the moral high ground and expect to hold donald trump or brett kavanaugh or roy moore or any of the other republicans we criticize over the past year or two accountable if we don't hold our own leaders accountable. as much as he may be doing good things for the stiate of virginia, it's still important that he acknowledges responsibility and move on. the people of virginia deserve better. >> steve. >> i live in virginia.

i've lived there for 30 years. it's contemptible. i agree with april and keith. i don't see him surviving this for 24 hours. there was a tweet that came out from one of the leading dams in the legislature that said something to the effect this happened 30 years ago. maybe we shouldn't hold him responsible which is pretty hypocrite cal given what happened to kavanaugh. >> this was medical school and he was 25. he was an adult as april pointed out. >> let me make one quick point. i live in virginia. i follow virginia politics. he was -- you want to talk about a politician that had a bad week, you kind of didn't exactly report what happened this week when i think it was quoted as relaxed abortion restrictions. this was a bill that he supported that literally -- almost allows an abortion up

until you cut the umbilical cord. he's under assault for that. that was an worse offense than this picture. >> now -- >> let's talk about. >> steve we're here to talk about the issue of racism. i know you would like to divert the issue to conversation more comfortable to you about abortion or something. the reality is contemptible. >> i agree with you. >> let's focus on the issue, please. >> as i said before, roy moore was out there defending slavery and the confederate flag. you have ron desan ttis in flora saying racist things. democrats have been critical of republicans for things they have said presently and in the past that have been racist and offensive. i think we have to speak with moral clarity and one voice and say this is wrong. we don't have double standards. i said the same thing we're talking about other issues in

the past. >> you're being very clear. this is happening today and this is happening over the next couple hours. y you've got that emergency meeting happening in virginia. this story will move quickly. i want to make the point when you talk about race in this country now, the president has come at the center of that. you talk about charlottesville. democrats call the president a racist regularly. here are three of the ones our viewers know best. >> it gives me no pleasure to tell you that we now have a president of the united states who is a racist. >> donald trump is a racist bully. >> do you believe president trump is a racist? >> yeah. yeah, no question. >> april, are they going to call on northam to resign. do they need to to not be hypocrites? >> they would have to to not be hypocrites.

when we go back to are you a racist mr. president, i was the first one who asked that in january just a year ago and some days ago. are you a racist? he was asked are yo au a white nationalist. we can asking. you don't need to ask, just watch by the actions. if you hold the bar high for the president of the united states, you have to hold it high for the governor of virginia. he was an adult. he was not questionable as a high schooler going into college. he was an adult dealing with issues being in medical school. he knew better. the question is when did he change. the issue is, he's guilty as guilty can be because he's not said what person he was in that photo. you cannot go out against the president or anyone else and talking about race and then you are pictured in a book. why would you even bring it up if you were in a book knowing

that picture, people have it. >> that both of these people, these are hugely racist images. can you explain why you feel it does matter which one he is. whether he's the klans man or the black face? >> when you put someone in black face, you're object fiing black people. you're making them a character. we have helped build this country on the backs of slaves. do the math. we didn't get our rights until 50 some years ago. now, when you talk about the klans man, they have terrified us, terrorized us since we were braug brought to this nation in the bottoms of ships today. both of them are racist.

both of those people, the characters are racist and they are an offense to black people and in people in this nation, it's about humanity. >> keith, do you think the governor's decision to not say which of those he was is out of cowardice. what other reason could you think of he wouldn't say which one he was? >> i don't understand why he wouldn't say. if you're going to be accountable, you have to be fully accountable and explain who you are, what you're doing to hide behind, i don't know which one it is and let people try to figure it out. that's unseacceptable. that apology was a failed effort. i appreciate he was trying to make amends for his past and i appreciate he's done good things but again, if you're not willing to be completely contrite then you can't expect absolution. i also say no absolution without contrition.

it was not full contrition in that apology. i feel it's time for the state of virginia to move on. >> i will say as we end our segment, julian castro who is the first to come out and ask for the resignation. thank you both very much. president trump weighs in on the latest democrat to join the 2020 race which was not julian castro, it was corey booker. >> he's got no chance. >> why? a federal judge threatens roger stone with a gag order warning him to stop arguing his case on the talk show circuit. a top republican governor says he's leaving the door open to running against donald trump. who is he and does he stand a chance? when did you see the sign? when i needed to jumpstart sales.

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that's ridiculous. the president doesn't get to pick the democratic nominee. cory booker is an enormously appealing person of substance. he enters the race in the top tier, i would say. i don't know what the president is talking about. it's also sad because i believe booker worked with him on his only bipartisan accomplishment which was the bit of criminal justice reform. that's an unnecessary poke in the eye to someone who tried to work with you. >> does the president only say that about people that he thinks are legitimate? >> no. i think kamala harris can scare him. cory booker, i agree with joan. i disagree he's of substance. i grew up in this area and newark, he really took on a democratic machine. went after the corruption. was pragmatic and then he did a 180.

he defended bain capital, charter schools and he ran from everything and he got paid $750,000 to leave the law firm he was with who had city contracts. he made $1.3 million in public speeches while he was mayor. i don't know what other than his spartacus moment he's done in the senate. >> criminal justice reform. he was a real leader on that. >> that was a big thing the administration was pushing. >> why didn't he do that for the years he was in there when obama was in there? >> they worked hard when obama was in there. they blocked it. they gave to trump. rod raises an interesting point. his defense of bain capital. team obama was not happy with him. he's a bit too close to wall street, to big pharma. he's going to have to answer to that. he was close to the charter school movement. corporate dems still like it.

he probably occupies more of a centered lane than warren or kamala harris. >> what's sbrinteresting is you have two african-americans in this race. senator booker was asked about that and how would he get the support of african-american women because kamala kamala harris is in the race. >> my life has been defined by a black woman. i was born to black parents. from my elders to my community. it's black women that lead, sustain, nourish and empower us. >> how important is a group in this election? >> i don't know if i would call it definitive but one of the most important. black women are the backbone of the democratic party. they are the most reliable democratic voters and the party

is starting to show them some open respect rather than just respect their work behind the scenes knowing they will do it no matter what you say. black women have been voting for men for their whole lives. it's not like cory booker doesn't have a possible claim on their votes. i didn't hear a lot there, affirmative claim. he'll need to do more than that. >> this is interesting when it comes to president trump. he slams cory booker, elizabeth warr warren, pocahontas. he answered this honestly. he said kamala harris. i would say would be her. i think she have a little bit better opening act than the others opinion pretty interesting. he raised a million and a half hours. >> thanks to cnn's town hall. >> before that. >> it was in the first two days.

is he right, bob? >> i have said from the beginning, i think she offers a lot. i think her past in san francisco and how she got through the machine and worked her way up will come back to haunt her a back. the prosecution, the way they are going but with cory booker too, i can't wats fit for him t start campaigning who he had in n newark, this drug dealer t-bone who didn't exist. google it. you'll learn a lot. >> i'm not familiar with that. >> that will get scrutiny. >> kamala harris jumped in quickly on some issues. she has jumped quickly. so far tonight at least in the top five seconds had not weighed in, neither cory booker.

do they both need to stand up and stand up fast on this issue? >> i think probably. i think we will probably hear from them. i think they are probably both talking to other folks in virginia. i'm curious, not to put him on the spot but lieutenant governor justin fairfax. >> i think the lieutenant governor could have to stop him. >> i have no indication he's going to do that. i'm waiting to see what he does. i'm sure they are trying to talk to him to. >> cory booker shouldn't think a moment about tweeting right now he should resign. i think we know who -- >> i don't know what they're doing. i'm going to say that julian castro was the first and he did so before either one of them. >> you don't need staff to tell

you what to do. >> there will be more by the time your show is over, i'm sure. >> thank you. a top democratic calling for jared kushner security clearance to be revoked. maryland's popular republican governor says he could challenge primary challenge trump. not ruling it out. should trump be worried from the right? when did soup become this?

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we're working to make things simple, easy and awesome. federal judge threatens roger stone. stone appears in court and the judge warning she's considering gag order on the president's long time friend telling stone quote, this is a criminal proceeding and not a public relations campaign. telling stone to stop arguing his case on the talk show circuit because that's what he's done over the past seven days. take a listen. >> this indictment is thin as piss on a rock. >> this a speeding bullet heading for his head. >> to stormy house with a greater force than used to take down bin laden or el chapo or pablo escobar.

>> it's also not true. i mean bin laden. the thought of a gag order must terrify stone. he thrives for moments like what we just heard. >> this will be like solitary confinement. we're talking about over a dozen of his friends brought in to be interviewed by the mueller investigators. if what this judge has just described today in court, that he can't have any contact with any potential witnesses or anybody who could be called a victim, the judge said the prosecutors would give him a list of people he cannot get in contact with it via text or cell phone or instagram or even through bintermediaries. the idea not only would he not

be able to talk to his friends, these are his close associates but also he would have to be shut down from talking about anything other than the super bowl and tom brady. he's already kind of addressed this because i think he knows that this judge is known for gagging the manafort case. she put a gag order on the manafort team so they could not reach out to anybody as well. he talked about this be in an instagram post. he said i will fight and the deep state is worried. he's saying that even if he was given a gag order by the judge that he pretty quickly would probably violate it. i think that's why the judge is considering this. >> all right. evan perez, thank you very much. good to have you with me

tonight. should stone be allowed to defend himself in the court of public opinion, do you think? >> thank you for your question. i'm a former prosecutor and i have a different take. i would want roger stone going around talking about his indictment on as many tv shows as possible. >> why? >> prosecutors like it when defendants keep on talking because roger stone doesn't know the evidence that special counsel mueller has. whatever he says now can and will be used against him in a trial. it gives more opportunities for roger stone to make a mistake and to say things that confirm or help the special counsel's prosecution. i don't know how hard mueller will fight this. >> interesting. president trump was asked about roger stone by the new york times and the stone indictment, as you're aware, says a senior campaign official was directed to contact stone about wikileaks. we have been saying who is more senior than a senior campaign official. all right. who directed that person to do

that? let me play you the exchange when the president was asked if it was him. >> did you ever talk to him about wikileaks? >> no. >> you never had a conversation? >> no. i didn't. i never did. >> did you ever tell him or other people to get in touch with them? >> never did. >> do you believe him, congressman? >> i don't know. i can't tell in this case what the evidence is. i do know that donald trump has lied thousands of times, according to washington post fact checker that tracks all his lies. i also know if you look at the number of people that could have ordered a senior campaign official to take any action, it's not a lot. it wasn't melania. there's only a limited number of people left. we'll see what the evidence shows on whether it was donald trump or someone else in his family or potentially jared kushner. >> or his son-in-law. you sent a letter to the white house to mick mulvaney and asked

to revoke his security clearance. you did this after a nbc report that said he had been rejected for clearance by two white house security specialists and they said don't do it. their supervisor over ruled them president trump was asked about this by the new york times. let me play that exchange. >> tell general kelly or anyone else to overrule security if i believe officials? >> no. i don't think i have the authority to do that. i wuouldn't do it. i was never involved with his security. i know that there was issues back and forth about security for numerous people, actually. i don't want to get involved in that stuff. >> do you believe him on that,

that he would never get involved with jared kushner and security clearance? >> i do not. congress don beyer have been working on this for a year when we learned jared kushner omitted information about his foreign contacts not once but twice. he also has these deep financial ties and problems with issues like 666 fifth avenue. a property that's in debt. career specialists said he shouldn't get a top security clearance. he was then overruled by the white house. i think donald trump had something to do with it. these career special itselves were overruled. there's no reason for that. jared kushner should not have a security clearance. it should be revoked. i hope our intelligence agencies are not giving him any top secret information to see. >> i want to you about the virginia governor, ralph northam. we saw the photo.

he's respond and admitted it's not on his yearbook page. he's one of people in this picture. should the governor of virginia remain the governor of virginia? >> no. he should resign. there is no defense for that shockingly racist photograph. i know that republican sector state resigned recently for being in black face. this is a picture of black face next to a kkk figure. that is far worse northam should no longer be in office. >> thank you very much. appreciate your time. next, the buzz building around a popular republican governor to take on president trump. who is it and will he? >> i've said, you never say never. who knows what will happen. >> a new court document allege one of the richest families in the united states is making

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tonight, never say never. those are the words of republican governor larry hogan of maryland. he's considering a 2020 challenge against president trump. does he have a shot? jessica dean is outfront. >> let's keep changing maryland nor the better and continue

setting an example for washington. >> reporter: fresh off his 2018 re-election victory in deep blue maryland, republican governor larry hogan has some of the party wondering if he should challenge president trump in 2020. >> i'm flattered that people are saying that and including me in the discussions. my plan right now is to stay here for four years and do the best job i can in merchandise. i've said you never say never. who knows what will happen. s >> you're listening? >> i'm listening. >> and you're thinking about it? >> i'm listening. i haven't closed the door. >> reporter: from the beginning he's made no secret of his opposition to the president. >> my thoughts about donald trump is very clear. i believe i was the first governor to say i wouldn't support trump. >> i'm not proat the timing every day about every issue. i let people know when i disagree or when i think something is going on that i don't think is right. i'm kind of surprised there hasn't been any tweets yet.

i i'm glad. >> reporter: a opposing a sit president is something he shares with his late father. >> it isn't easy for me to align myself against the president. >> reporter: the first to call for president richard nixon's impeachment. >> i want to thank my dad. >> reporter: hogan junior credits his success working with the democratic legislature to a bipartisan approach signing new gun control measures, pushing to lower health insurance rates and addressing climate change. >> it's not easy. it's not easy to overcome differences and partisanship but you can and it's what people want. >> reporter: just months into his first term, doctors diagnosed hogan with an aggress ifr form of cancer. he continued to work while receiving treatment and ultimately beat it. at his second inauguration,

former trump rival jeb bush praised him. >> he's at the top of leaders today because what's happening here is what's happening in washington, d.c. these days. >> reporter: if hogan challenges the president, it would be a long shot. his approval stands at 81% among republicans. he's already raised nearly $130 million for his re-election bid and the republican national committee committed its undivided support to the president. as hogan keeps an eye on trump's numbers. >> i think the latest approval of the president is in the 30s. you can't win a national election being many the 30s. >> reporter: his eyes remain wide open about the odds and the possibility. >> i wouldn't be on some fool's errand just to run some suicide mission. i would only run if i thought i could actually win. >> reporter: as governor hogan watches those numbers, here is one that may have caught his eye this week. a new washington post abc news poll shows among republicans and

gop leaning independents nearly one in three say they would like to nominate someone other than president trump to be their party's candidate for president in 2020. >> very interesting. thank you very much. update now on our breaking news. senator kamala harris has just tweeted about the virginia governor who admits to being in the racist photo from his yearbook. he's not said which of those individuals he is but he is one of them. tweeting leaders are called to a higher standards. the stain of racism should have no place in halls of government. the governor of virginia should step aside so the public can heal and move forward together. next, one family allegedly making billions of dollars by fueling the opioid epidemic. >> they are ruthless people who are just out for money at the

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new court documents allege a powerful family made billions of dollars on oxycontin and pushed doctors and pharmacists to keep patients on the painkiller longer. the sackler family is one of the richest families in the united states of that family has been fueling the opioid epidemic that's killed hundreds of thousands of people and they made billions of dollars doing that. >> reporter: 23-year-old cory started on oxycontin after surgery. he turned to heroin and an over dose killed him. he could still be alive except for the company that makes oxycontin. >> they are ruthless people who are just out for money at the expense of our children.

>> reporter: his mother and now the state of massachusetts lays much of the blame at the feet of purdue pharma for practices that not only deceptively marketed the drug but pursued a strategy of selling oxycontin and the treatment to it. accord to a lawsuit, purdue called the plan project tango. >> there's an outrage but they're going to come down. the whole empire is going to fall. it's just a matter of time. >> reporter: the empire is that of the sackler's, one of the country's wealthiest families known for its global philanthropy, funding museums in institutions world wide. the sackler family owns perdue pharma and their main drug has made them tens of billions of dollars since it was introduced in the 1990s. from 2008 to 2016, members of the sackler family paid

themselves more than 4 billion dollar in opioid profits. >> it was all about the money. it have profits over people. >> reporter: among other things, the newly unredacted complaint points to a strategy to blame the addict. in a confidential 2001 e-mail richard sackler, then chairman and president wrote we have to hammer on the abusers in every way possible. they are the culprits and the problem. they are reckless criminals. >> there were lies about the safety, about the supposed non-addictive nature of their product. >> reporter: the massachusetts attorney general decision to release the full complaint is part of a continuing effort to blame it for the entire opioid crisis and try the case in the court of public opinion rather than the justice system. massachusetts seeks to publicly vilify purdue, executives, employees and directors while

unfairly undermining the work we have taken to address the opioid addiction crisis. massachusetts wants the company to pay billions of dollars to community, state and families devastated by addiction. the complaint filed last summer had large sections redacted. the full lawsuit shows why sur d purdue may have fought to keep the redactions. >> eight members of the sackler family are named in the lawsuit as well as current and former executives of the company. the woman we spoke to today says she hopes this is the beginning of the end of the sackler name on those institutions worldwide. >> thank you very much. that name is something you see on museums after museums. joey jackson is with me now. could we see members of this family go to jail? >> i really think we will.

just backing this up, this is nothing new. we saw with the last generation of sackler's, we saw criminalalcriminalal -- criminality there. three member of their board pleaded guilty. they created a whole new company to do what they are doing now. this is outrageous. 42,000 deaths from over doses in 2016. close to 50,000 in 2017. this is an epidemic. they are preying upon the most vulnerable. they were looking ining at elde because medicaid funds it. looking at veterans. you have young people dying as well. it's not even that they are negligent, i had no idea it would have these effects. you know it, you bury the signs and do it any way.

the proven, they are looking at criminality and looking civilly to be taken down. >> possible jail time. >> i think we will. >> billions and billions of dollars. when everybody in this country knew this drug could kill people and was addictive. >> it's problematic because they have the sales force going out and talking to doctors and saying to the doctors, no, no, this is not really addictive. they are packaging it and sending out marketing materials to doctors and others encouraging them to prescribe it knowing it's wrong. the doctors don't know or understand that this is an addictive medication. at the end of the day, i think heads will roll here from a criminal perspective and i think the company is going down civilly. attorney generals are suing them. >> 30 states they are being sued in. we can see their ads.

>> thank you. all right. next, we are just two days away from the super bowl. a two time super bowl champ and mvp champ is outfront. when i walked through a snowstorm for a cigarette, that's when i knew i had to quit. for real this time. that's why i'm using nicorette. only nicorette gum has patented dual-coated technology for great taste. plus intense craving relief. every great why, needs a great how.

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for everything that i have. ♪ we're less than 48 hours away from the year's super bowl. outfront now, two time super bowl champion with the pittsburg steelers and super bowl 40 mvp hines ward. you've been in these moments before. this is tom brady third year in a row in the super bowl. he's 41 years old. he has a 25 health rigid

routine. dri drinks up to 25 glasses of water. his opponent was only 7 years old when brady won his first super bowl. who are you betting on? >> i just don't bet against brady. i played against the guy, whatever it is, the guy comes through when it matters the most. you put him out here in the super bowl, he's planning his nineth super bowl. that's unheard of especially at the age of 41. he's remarkable. he shows dedication, commitment and the killer instinct. they still have a chance to win. i'm going to put my money on the patriots. i've seen it way too often. >> thank you so much. >> appreciate it. >> don't miss hines. you'll see him along with coy wire in the bleacher report special kickoff in atlanta. that's tomorrow at 2:30. thank you for joining us. ac 360 starts now.

good evening. we begin tonight with breaking news. the governor of the commonwealth of virginia confirming tonight he is in a photograph that, by his own admission, and by any stretch of the imagination is deeply offensive. a klans man and man in black face. he said he's one of them. he didn't say which one. it's a yearbook photo, not of high school, not of college. it's a medical school yearbook photo. governor northam is not kpexact a kid when he posed for it. what is he now admitting about it? >> you have the dpoef hegoverno faced with tugly reality of what he did for all the public to see. he's confirming and trying to apologize. this was a statement just