all in the same place as your live tv. its all included with your amazon prime membership. that's how xfinity makes tv... simple. easy. awesome. 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. democrat ralph northam says 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 exactly a kid when he posed for it. what is he now admitting about it? >> you have the governor here four hours after these racist photos emerging faced with this ugly reality of what he did for all the public to see. he's confirming and trying to apologize. this was a statement just part of it that he issued. a website published a photograph of me from my 1984 medical school yearbook in a costume that is clearly racist and offensive. i am deeply sorry for the decision i made to appear as i did in this photo and for the hurt that decision caused then and now. i recognize it will take time and serious effort to heal the

damage this conduct has caused. i'm ready to do that important work. >> who is is speaking out on this? >> we have gotten reaction from many different corners here. it's been fast and furious all night especially this last hour. this photo was first reported by big league politics. it's a conservative news outlet this afternoon calling for his resignation. over the last hour, we have heard from powerful allies of northam calling for his resignation. you have the naacp. they are tweeting black face in any manner is always racist. never okay the party affiliation. now calling on the virginia governor to step down. you have several democratic primary can understands. this from senator kamala harris saying leaders are called to a

higher standards and the stain of racism should have no place in government. she's also urging him to step aside so the public can heal and mover forward. the big question is whether he will heed these calls as the chorus grows louder over the next 24 hours. there's a group of virginia legislatures that are calling it disgusting but not yet calling for his resignation. they say they are still processing this. they just released a statement. we'll see if he survives and whether or not he will stay. >> it bears repeating. this is not a high school yearbook from 1965 or 1971. this is a medical school yearbook from what 1984. >> 1984 and he was also 25 years old. he was clearly an adult. fully forming his opinions. he was a serious student. to see something like this is extraordinary.

you see the caption underneath there as well talking about beer and drking and drunk doctors and all that kind of thing. a lot of people stun this side is part of his portfolio. they don't know what to make how much this is part of him as a person. people want explanation. many people at this point calling for his resignation. >> it's also interesting in his public statement and his apology, he didn't specify whether he's the person dressed up as a klans man or the person in black face. >> a lot of people are asking why. they are both horrible. both of them are just horrible and why he wouldn't full take responsibility for whatever he decided he was going to do. if he was the klans man or the guy in the black face. the kinds of statements is that neither one of them is acceptable behavior for someone in this kind of position to keep their position in office

tonight. >> i just thought it was interesting. if you're going to make a public apology, you sort of want to get it all out there. he sort of left it open. again, that sort of continues and perpetuates the questions about it. it just leaves more questions and answers. that's never a good sign. >> we'll continue to follow this. thank you. we just got another reaction from a commonwealth democrat. his whole life he tells the washington post has been about exactly the opposite. that's what you need to examine. not something that cowards 30 there's no one in the general assembly who would like their college conduct examined. i would hate to have to go back and examine my two years in the army. trust me, i was 18 years odes and i was a handful. his life since then has been anything but.

it's been life of helping people and many times for free. joining us now with another view is virginia state republican party chairman jack wilson. it's interesting, mr. wilson, that statement from another democrat in the state is talk about his own behavior in the army when he was 18 years old. the governor was in 25 years old and in medical school. >> i think what you see is the hypocrisy. if you harken back to justice kavanaugh they were condemning things that he denied in his yearbook. for the democrats to suggest a 25-year-old medical student can dress in black face or kkk garb and get away with that is unacceptable. >> it's odd the man who made the statement said it's in poor taste. it's beyond poor taste. do you any he has any choice but to resign? >> i issued statement that said if he's in the photograph, either in black face or kkk garb, he needs to resign.

he's admitted he's one of the two. it doesn't matter which one he is. both are in absolutely disgraceful and he needs to resign immediately. >> the governor is saying he's ready to put many the effort of doing the important work of healing the damage he's caused. you don't believe he should be given that chance. some of his supporters will say his record as a politician speaks well for him on racial issues but, again, many are saying that's just not enough. >> it's not enough. it's not acceptable. clearly we cannot establish a double standard. if this were a republican governor, the calls for his resignation would be fast and furious. it's unofficial for any elected official in virginia to have

this type of history and especially in a medical school yearbook. given the statements that he made earlier this week regarding third trimester abortions and that whole issue. he's just lost the moral ability to lead the commonwealth. he should resign for the good of commonwealth. >> are you surprised this has nod come out sooner. he's been through tough campaigns. this is a medical yearbook that the entire medical class and others and their descendents had an opportunity to look at since 1985. >> i was. when this first came out i wondered why this had not been surfaced earlier. perhaps again it's after the judge kavanaugh, justice kavanaugh hearings that people are starting to look at yearbooks. whether it should have come out before, it's sort of interesting. when governor northam was

running, he tried to paint his opponent in racist terms stemming from the events that occurred in charlottesville. looks like it's very hypocritical of the governor. for him to run a race bait campaign against his opponent and his these pictures surface, he's lost any moral ground and needs to go. >> you'd imagine in the shoe was on the other foot that if this was a republican who appeared in a photo like this, a supporter of the presidents, democrats would be outraged to say the least and democrats in congress would be sending tweets immediately. >> sure. i think we had a republican secretary of state in florida in the last two weeks resign over something similar. there clearly can't be a double standard. racism is unacceptable.

we're not going gook a high school yearbook. this is a medical school yearbook. that was a man 25 years old. not some 17-year-old in high school. doing that was unacceptable. the fact it surfaced for the governor is unfortunate. perhaps shouldn't have been elected governor because of this. >> thank you for your time. what do you make of the democratic leader defending the governor. do you think the governor should resign? >> no question. i think democrats have to stand up and call for his resignation. can people not be racist. he's a 25-year-old man in black face or in a kkk outfit.

neither one of those are acceptable. the kkk, all they did was terrorize, lynch, brutalize african-americans throughout the south. you don't get a pass for that. for democrats, any democratic who is saying out of one side of their mouth he was a child, i am tired of that. it's tough. we have fo place in this country for racism and bigotry and all those things that it represents. for someone who is a grown man to display that, you can be sorry and make sure people understand your point of view from henceforth forward. you cannot be the leader of a

state like virginia with its past history with those issues in your past. we can make light of the fact that the research people need to never have a job again but the fact this lapse in judgment is exhausting. we have racial issues. i can't criticize the president of the united states for being a racist if i can't criticize governor northam for dressing up in kkk garb when he was 25 years old. >> how easily could he be removed from office? >> it's not easy to remove someone from office anymore at the state level than the federal. you'd have to have the speaker and the president pro tiem express his inability to perform his job. i don't think he's at that point. the real question is can he do

anything in the role of governor any longer. this is extraordinary. mind you, this comes during the same week in which he went on washington radio and more or less said that he was okay with letting a child born alive die on the table. mind you this is a pediatrician. governor northam has treated children as a doctor. he was defending a bill that most americans would find extreme that would allow abortion up to the moment of birth. that has been explosive in virginia this week. then this happened. right on top of it. for those of you outside of virginia, the next four days are the most intense four days in the entire calendar year for the general assembly and the

governor. they are approaching crossover on tuesday when all the bills have to be out of house or senate. virginia has the shortest session in the country and it's over later this month. the governor is normally deeply immeshed in that as well as the budget over the next four days. now he is contending with this and through only his own fault, i would also note for your listeners, the lieutenant governor is also a democrat. he happens to be african-american. if the governor does resign, there is no lost to the democrats of the position. in fact, because virginia is the only state where a governor cannot run for re-election,

ralph northam will never have to run for-election and justin fairfax could run in 2020 for governor having not been previously elected as governor which would amount to re-electing him. there are -- >> that's interesting. >> there's serious political questions for the democrats. >> if justice kavanaugh yearbook was fair game for democrats, how can they defend northam? >> i would like to clarify that.

the problem with justice kavanaugh wasn't his yearbook. the problem was that he was accused of sexually assaulting a woman. the yearbook came into play when he started presenting himself as this choir boy and people started looking at the yearbook and saying is that really true. i don't see that in your yearbook. i just want to clarify that we're having major revisionist history on part of the republicans. i think that this issue is about something that's incredibly abhorrent. looking at that picture there's really this time frame where that was ever okay. it obviously wasn't okay in the 1980s. for me, i think, you want people to change. the whole point of us having these conversations of raising consciousness about race is you want people to change. if he legitimately changed. if he had some conversion point after this and he could point to that and say i'm so ashamed and could not believe i did this and this was a long time ago and that's better than being 18 but it's still relatively young. i met this person and i learned and i have gone out of my way to repent for this and become a different person, i would be interested in that story. i did not hear that from him. unless he can show that and show the receipts for what he did to change then he needs to step down. >> he knew this was out there. he knew plenty of people had

this yearbook. this must be something that's entered his mind from time to time. you would think he would have thought through how to either bring this up himself and thrown himself on the mercy of voters or have a better or some sort of explanation when this did emerge. >> if i'm not mistaken he was 25 years old. jesse jackson running for the president of the united states. i'm not understanding how this is acceptable to anyone or any person with good common sense. you have a 25-year-old man who made this decision. that is not one that we can stand by especially as governor. yes, i will echo the same thing

that the naacp said earlier that he has to resign. we can continue this process of healing. one of the things that the governor can do is be a part of the discussions we try to have on a regular basis. healthy discussions about race. his response is i'm just going to issue this response. give a speech on race. probably trot out my black pastor and after all of that goes through then i'll be able to continue to lead this commonwealth of virginia. that's just not the case anymore. people are exhausted and people are tired of this. i think democrats have to say if we're going to hold republicans accountable for the cancer in their party, the donald trumps in their party, the steve kings then this is not acceptable. >> how could the campaign not have found this? >> i think it may be that people don't think of yearbooks as fair

game. i don't think many political consultants who think in terms of fair game. >> i didn't know medical schools had yearbooks. >> can i comment real quick? >> sure. >> one of the things that sticks out is you have someone in the mid 1980s who took a picture -- >> while doug wilder was running for lieutenant governor. >> the medical school thought it wise to still publish that. i don't understand how people look at this and say, oh, my god. when people -- if you take a step back and people talk about systemic racism, when you have a medical school that allows a picture like this to be published in their yearbook and no one sees anything wrong with that in the '80s, when i say we're not that far removed from our past which is strangling us and troublesome then you cannot disagree with that point. >> thank you. we'll have more on this throughout next two hours.

next, the emergency that president trump is threatening to prepare if he doesn't gedd r money for his wall and claims the wall is already being built. another big name enters the 2020 presidential race. we'll see how cory booker plans to distinguish himself from a field of democrats that seems to be growing by the day. your mornings were made for than psoriatic arthritis. as you and your rheumatologist consider treatments, ask if xeljanz xr is right for you. xeljanz xr is a once daily pill for psoriatic arthritis. taken with methotrexate or similar medicines, it can reduce joint pain... ...swelling and significantly improve physical function. xeljanz xr can lower your ability to fight infections,

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president trump hinted he could declare a state of emergency, which wouldn't be an emergency to build a wall which might not be a wall which he says is already being built. does that make sense? you heard right. after two years in office and a 35-day government shutdown the president said he might declare an emergency to make something happen that he says is already happening. the president said that construction on the wall and barrier, fence, whatever you want to call it, he's back to calling it wall says it's already under way. it's already going up. >> we're building the wall now. >> building wall now. as you might imagine, his claim took people in the room by surprise. he elaborated. >> we're building the wall. people don't understand that. they're starting to learn.

we're spending a lot of money that we have on hand. like in a business. i would say we'll have 115 miles of wall very shortly. it's being built. some of it's already been completed. >> not only completed he says, but prettier too. >> we've designed a much better looking wall that is actually a better wall which is an interesting combination. it's far more beautiful and it's better. it's much more protective. it looks better. the walls they used to build were not very attractive. i think that's possibly part of the problem. >> just keeping him honest, none of that is true. that whole thing he just said. last year in march congress appropriated $1.6 billion for border security which has been used so far to rebuild existing barrier fencing which the president once had nothing but scorn for. i'm quoting from campaign tweet. jeb bush talked about my border proposal to build a fence. it's not a fence. it's a wall and there's a big difference. more recently,

he changed his mind saying you can call the wall anything you want, even peaches. just yesterday he changed his mind yet again tweeting let's call them walls and not staying political games. a wall's a wall. last year the president did look at these prototypes for different kinds of walls. nothing that looks anything like this is under construction, let alone finished. no new miles of walls, period. only fencing and none is better or prettier any any way or different as the president suggests from what came before because the bill that he signed last year specifically says it can't be.

i'm quoting now. there's the legislation. quote, the amount designated in subsection a2 through a4 shall only be available as the date of appropriations act 2017 public law 115-31. in other words, not new and not better looking, whatever that means. what's more, the false claims he made today, they aren't even new. he's been making them at rallies as well as official appearances now for nearly a year. two months ago he said he just awarded a contract for 115 miles of wall. he had them. today, he said he was using cash on hand to fund the wall. broadly speaking only congress can appropriate money. what the president seems to be doing now is re-imagining stuff that isn't really what he wanted as something that he's actually

wanted all along. which is fine if you say you wanted a pony for christmas but you got a hobby horse instead. make believe is fine in you're a kid or a real estate developer in new york. it's different when you're a president and when you're twisting the facts to make that case. the whole range of issues surrounding the border and the showdown over it. i spoke earlier with a republican of florida. >> he is saying he should change the chant from build the wall to finish wall. how can you finish wall that hasn't been started yet? >> at the same time he's also said a lot, including a speech from the white house last week about wall barriers, steel slats, fence, call it what you want it but we need to secure the border and a physical barrier is part of that. that has been started. members on both sides of the aisle have voted for barrier as part of overall border security for years. finish it, complete it. my position is let's let the current committee that is

negotiating that finish its work, come to a compromise, keep the government open and let's move onto a lot of other business that the country needs. >> the president portraying it as finishing it, basically he's trying to pretend that his wall, the wall that he campaigned on, the one he said mexico would pay for has already started to be built when it's just updating the fencing that has existed, been voted on in the past. there is no new wall of the president's that's begun. >> i think he's also making the point that barriers that secure our borders are not immoral. when speaker pelosi says that i'm not going to give you a dollar now and i'm not going to give you a dollar ever, particularly when she has said i'm not going to negotiate until the government's open. now the president has re-opened the government and saying we're still not going to negotiate. i think he's making that point as well. >> but you acknowledge when the president says finish the wall,

he has not started no trump wall has begun? there's only been updates. >> i think what i'm trying to say, we can spend the rest of the hour going around and around about the definition of wall. i think this has been kind of somewhat of a silly rhetorical exercise. fence, slats, barrier, whatever. we have started it. we have voted for it repeatedly in the past. let's finish it and complete it. >> do you think the president should declare a national emergency? clearly that seems to be what the president is hinting that he might declare one and if it is a national emergency, why wait to declare one? why not do it now? >> we need to let negotiations continue. i hope we do. compromise can't be a dirty word.

we have both sides sitting down to work this out. that's what i want to see continue. i want to see them come to an agreement before february 15th. >> just for a compromise, in terms of compromise you would support if democrats said, okay, there will be more fencing. there will be another ten miles in this area because it's a strategic area. this will help. there will be steel slats over here. we're not going call it a wall. is that, to you, is that fine as long as there's other things as well for border security? >> i think that's completely reasonable. that's in line with what we have done in the past. >> appreciate your time. two republicans telling paper that mitch mcconnell warned the president not to declare an emergency. telling the president if he did, congress might end up passing a resolution disapproving it which

is forcing the president to contemplate vetoing legislation in the face of opposition from his own party. more now on where this leaves the president and the country. joining us is david axelrod. david, do you have any faith that the president will listen to mitch mcconnell on this? >> not much. i don't think mitch mcconnell has much faith either but he's trying to do the best he can to prevent another disaster. it's the party that's increasingly in danger. democrats 45%. now democrats are still at 45 but the republicans are down to 38. it's -- they are feeling the

heat and mitch mcconnell's party. i think the president is simply confusing the issue and he's painting himself surprisingly. he painted himself into a corner with nancy pelosi a few weeks ago and now he's painting himself into a new corner. he's going to do this national energy or get a wall. he's not going to get -- i don't think either one is palatable to fellow republicans. >> could it be a turning point in terms of republican support for the wall if the president does declare national emergency to build the wall. >> the president is in jam and the republicans are in a jam. i don't know that the president is much worried about the status of the republican party. the president is worried about his own re-election and being told by his allies on the right that if he doesn't do something dramatic to promote the wall that he will face a rebellion within his own party. that's what he's worried about. i think that the declaration of a national emergency, he knows,

this will immediately go to the courts. it will be held up and likely thrown out as unconstitutional. he will look like he's defiant in defense of the wall. i think that's what he's been told. there's a lot of republicans who think this could be an abuse of executive authority an much opposed to it. i think he's looking for way out of this that doesn't make him look weak. >> an avenue is just to pretend that there's a wall that is now being built and that 115 miles of it are planned and they using money they have and this is well under way and now it's got to be finished. >> i think david axelrod is right. he doesn't want to look weak but he's looking ridiculous. that's what's bothering so many americans. the thought process is so confusing. the line of argument is so confusing. nobody can make heads or tails

of what he wants. that's distressing for republicans. this is where the failure to have a strong, credible press secretary and be surrounded by the people who can go on air and straighten these things out is a real weakness for him. the normal white house would have one person to go to the microphone and walk the press through this and the president doesn't have to get involved in every little detail. >> i remember mulvaney, before he was the acting chief of staff, he went out and showed pictures of what he said were new wall being built. that was just rehabbing existing fencing. he did have somebody go out. the person he sent out wasn't telling the truth either. >> yeah. i think that's the problem. it's a problem with your discussion. many the white houses that you and i have worked in, that's exactly what would happen. it's the right thing to happen. everybody who speaks -- >> i think we had a problem with

david axelrod's mike. if the president does declare national emergency during the state of the union, i would be a departure from the normal standard dull state of the unions we're used to, i guess. >> that's right. what he's clearly trying to do is tease us and build an audience for what could be a speech that -- he hasn't been successful at primetime speeches. the last one he gave at the oval office about the wall was a dud. i think this is important speech for him. i do think if he goes with a national emergency while his people who are bipartisan group is still trying to figure out if

there's a way out and if he just over rides them and says we'll do this national emergency, i think it will cause real problem for him with his own party. what mcconnell is telling him it's not that you'll get a resolution out of senate that disapproves this but you'll have a lot of republican that will vote for that disapproval and really split your party. >> thanks so much. coming up, the competition for 2020 just grew by one. the long list of democrats battling for the white house is making history. will voters like any of their messages? we'll look at that next. i realize i love you, but as long as you're with jessica, there can never be anything between us. listen cassie, there's no need to cry. besides, i've got really great news. you're leaving jessica? no. i just saved a load of money on car insurance by switching to geico. i saved. i thought that meant something to you. geico. 15 minutes could save you 15% or more on car insurance.

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donald trump accepted the republican nomination for president in 2016. he beat out 16 challengers. that's one of the few ways in which the democratic field for 2020 is looking similar. 7 people are seeking the democratic nomination. three more have launched exploratory committees and 14 others are still thinking about it. we have the newest face in the campaign trail, senator cory booker. >> together, america, we will rise. >> i'm cory booker and i'm running for president of the united states. >> reporter: with those words cory booker making his presidential ambitions official. as the field of democratic contenders just keeps going. >> it's raining candidates here

on the view. >> reporter: on the first day of black history month, booker joining an already crowded primary. making clear his biography will be at the forefront of his campaign. >> it's what my mom challenged me as a kid. you have a debt to pay back. you can't pay it back. you have to pay it forward. >> reporter: senator kristen gillibrand welcomed him to the race. i'll be cheering you on, just not too hard. it's shaping up to be the most diverse in democratic party history. booking becomes the fourth senator in the race and the second black candidate. five women could be on the ballot and a dozen more are eyeing a run. for the last two years they have been unified in their opposition to president trump. the division among democrats over policy and personality is bubbling below the surface. the president making clear he's following the opposite telling the new york times he believes senator kamala harris had the best start with beater crowd and better enthusiasm. democratic field has ideological

issues. ohio senator sherrod brown on a three-day visit to iowa exploring a presidential bid. he is urging democrats to consider geographic diversity. >> do you think your party need a candidate from the middle of the country to beat donald trump? >> i think that our party needs to nominate somebody that can win the industrial midwest, the heart land, the great lake states. the plains states from pennsylvania to iowa. >> jeff joins me now the brown was asked about another 2020 hopeful and didn't have the kindest of words. what happened? >> reporter: one person weighing heavy over all of this race is howard schultz, the ceo of starbucks. a voter was talking about howard schultz.

listen to how senator brown answered. >> reporter: an idiot on not. i don't know if you could hear that. clearly a sense of frustration among democrats that they believe mr. schultz could be a spoiler here. the reality is sherrod brown is considering this race, not fully in yet. so interesting as cory booker was jumping in earlier today. there's a sense should there be candidate from the middle of the country, making the case for that here today. >> all right. thanks very much. >> the climate is different now. does it require a different type

of approach by a candidate? >> you know, it's a very good question. the question is do people want a more confrontational figure? do they want someone that can knit the country back together? there's a pretty good argument in the face of acrimony and the negative that people will be hungry for that. that's what booker is betting on. >> what do you make of the fact that senator booker and senator harris already talking about race, addressing the topic very directly in way that candidate obama did not? >> the times have changed. one of the things and one of the upsides to a donald trump presidency is that we're having these discussions about race up front, outfront, daily because it's at the forefront of all of our conversations. when you have candidates, at the beginning of this process we had four individuals who is were thinking about running for president of the united states. you have a vast number. people from all parts of

country. all of these candidates will have to deal with the issues of race. not just the black candidates. criminal justice reform, economic inequality. those aren't black issues. they are american addresses and the candidates will have to address those. >> is it clear that any of these candidates at this stage know how to beat donald trump? or know how to really run against donald trump? obviously, there were more than a dozen talented republicans last time around who thought they knew how to run against him and all of them were crushed. >> first of all, let me say before i answer the question, what we have seen in the last

few days is what people will -- this will be a very unusual race because you'll have a president of the united states who will give running commentary on the democratic campaign and inject himself into the democratic campaign. that's an element that people are going to have to deal with. i think that the country it has experienced donald trump. his numbers aren't very good. i think democrats are wise at this point to define their own messages and define their vision for the country and talk about what the country after donald trump should look like and how they will tackle those problems that are impacting people's lives. i don't know that i'll worry too much about it. the howard schultz issue is another issue. that could lower the thresholds and make trump competitive. he could people to buy a cup of coffee for $5 so who is the idiot really. >> david, do you think that howard schultz, if he ran would threaten democrats. >> i don't understand this schultz mania. i don't understand why he think he could be president.

i don't understand why he is running as a independent. i'm not sure why he thinks he can do that as an independent. as he's going through this process and the scrutiny he's receiving, i don't see him following through with that. the unique part of this and david may agree, democrats are fickle and funny. just in 2016 we were concerned about a coronation of hillary clinton and now you hear concerns about too many candidates running for office. we have the find some middle ground. all of these individuals running for office were then going to have to repair, rebuild, come together to beat maybe howard schultz and donald trump. hopefully it's just donald trump and not both. >> thanks a lot. roger stone back in court today. this time appearing before the judge who will oversee his case. she came him an earful about his week long media blitz.

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a week ago today roger stone was awoken by the fbi to bad news. he had been indicted. he's been in the limelight ever since. flashing nixon victory signs. going on a media blitz. today a judge warned him he may want to stop talking and if he doesn't, she might make him. the judge cautioned stone against treating the build up to

the trial like a book tour and said he shouldn't argue his case on the talk show circuit. this is a criminal proceeding and not a pr campaign and threatened a gag order: are there any two words in the english language he fears more than gag order? >> maybe total obscurity. but this is a serious thing because judge jackson revoked paul manafort's bail and locked him up because he convicted -- contacted witnesses. this is the thing she told him not to do to his lawyers really have to read him the riot act. >> but is stone savvy enough to not do what manafort did?

>> he probably is. roger stone is many things. he's not dumb. he knows that this is the rule. now she is considering a total gag order that would not allow him to do his show on info wars and shows with people like me or like you. that would be really difficult for him. and she's on the fence about that. she made the point which is he has the right to defend himself in the court of public opinion. so a gag order on him would be a real hardship. but the contacting witnesses business he really has to abide by. >> i want to ask you about something the president told the new york times in an interview. >> whether you had any exposure or there's any concerns? >> well, he told the attorneys that i'm not a target of -- oh, yeah. >> did he say anything about the investigation?

>> i don't know about that. >> he was very definitive about the muller probe. not so much the fdny probe. >> what makes it peculiar is justice department policy is he cannot be indicted at all. target, subject, witness. those don't mean anything for him since he can't be indicted. he's obviously a subject in any realistic sense of the term but since he's not going to be indicted those categories have less significance than otherwise. >> doesn't mean he couldn't be referred to the house for impeachment. >> absolutely. that's a completely separate category. completely a political process which is not up to the justice department at all. it's up to the house of representatives. >> virginia's governor apologized for a racist photo of him in his medical school yearbook. calls for him to resign.

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we begin the hour with an offensive racist yearbook photo and new word from the politician that's in it. this is not a photo from the pre-civil rights south. not from high school either. it's a medical school yearbook photo from 1984 and one of the man in it, either the klansman or the guy in black face is the democratic governor of virginia. he is one of the two. he didn't say which one he is. and the wave of condemnation has been building. he posted third-degrs video on . >> my fellow virginians, earlier today i released a statement apologizing for