astounding. even polish workers who were doing the foundation for trump tower, his crown jewel. >> what's important just to see the alternative, we've been discussing for 20 years now the possibility of legalizing immigrants. there's nothing wrong with that idea. but he's giving you the only option which is to deport someone who came here to work for the american people. >> thank you. up next on the arrest made following the shooting arrest in dayton, ohio, plus i'll speak with chris murphy. president trump has talked about meaningful background checks. most people think a button is just a button. ♪ that a speaker is just a speaker. ♪ or - that the journey can't be the destination. most people haven't driven a lincoln.

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well, i'm going to t-mobile and for every iphone ten r i buy, they'll give me another one. but if you're busy... iphone ten r? let's go! for a limited time, come to t-mobile and for each iphone ten r you get, get a second one on us. good evening. we start with news of an arrest made in the investigation of the massacre in dayton, ohio. charges unsealed at a federal court in ohio, nine dead after that attack, investigators piecing together why the gunman did it. what's the latest? >> reporter: the gunman who murdered nine people here this past weekend in dayton, ohio, is dead but a friend of his is in a lot of trouble facing federal firearms charges in connection with the murders. his name is ethan kollie. he's 24 years old and he was a buddy of the killer. he's accused of providing a one-round magazine that was used

in the killing. he's accused of setting up the ar-15 that was used in the killing. his attorney is saying that kollie new nothing about the murders that were about to happen and the u.s. attorney's office say the same thing, they have no evidence whatsoever that he knew what was going to happen. that being said, it's totally unclear why he provided these firearms to his friend. one thing we're being told for him to purchase these firearms, he had to declare under oath that he was not a drug-user. prosecutors are saying that he and the killer used many drugs over a period of years, lsd, marijuana, and he violated the oath when he bought these weapons for the killer. the u.s. attorney's office talked to us act the case today. >> agents executed the search warrant of kollie apartment,

they recovered guns, drug paraphernalia, and a bong as well as what appeared to be mushrooms. that's -- i'm sorry, kollie was then taken into custody on friday evening. >> reporter: so this 24-year-old friend faces the possibility if found guilty of these charges, 15 years in prison. he has a detention hearing wednesday to determine if he will get bail and he will be allowed to be out temporarily. >> just briefly, there were reports that the sister was killed in the attack of the shooter and a friend was with them. is that this person? >> reporter: it's not clear if it's the same friend. it's not clear -- that's what's terrible about this case and puzzling about this case, there's so much not known. the basic thing, is why would

this friend provide all of these items for this killer? we don't know if this friend is this guy. it's not clear at this point. what i can tell you right now here in dayton, anderson, this is a nightmare to so many people, but with all of the funerals taking place right now, everyone remembers it's very real. chris murphy joins me now. senator, murphy, are you any more or less optimistic tonight that congress will actually act on new gun control measures or background checks. as you know, all senator mitch mcconnell has said is that he would consider some sort of red flag law or background check, but no details. >> well, i wake up every day optimistic, optimistic because i know eventually democracy catches up to senators who oppose 90% of their constituents who want things like universal background checks. but there does seem to be some interesting new momentum around this issue of extending

background checks to make sure that it covers all gun sales. there has been discussions happening between republicans and democrats in the senate including the white house, discussions that continue this week as you mentioned. it's still all rests on the decision of one senator, mitch mcconnell, as to whether he wants to be legislation before the senate. he may be unlikely to want to divide his caucus right down the middle and put a very controversial vote in front of his members, but there's a chance that we could get a deal that would extend background checks to the tens, hundreds of thousands of sales all across the country today where criminals can get guns without having to go through one of these checks. >> is mcconnell's strategy, in my opinion, an attempt to kind of slow walk this so that whatever gets debated doesn't get debated when the public is paying as much attention as they

may be now or emotions are as raw as they are now. >> we don't reconvene until after labor. and of course the worry is that you and many others won't be covering this subject as often as you are today and mitch mcconnell will be asked to deal with whatever the crisis du jour in early september is. which is why we would like to lock in an agreement on a piece of legislation, and we would like to get the president, his signature on a proposal. if we look that in now, it makes it much harder for mitch mcconnell to deny us a vote especially given the fact that the house has already passed in a by partisan way a universal background checks bill. >> it seems with the president that he will pay lip service to the idea of what he's now

calling meaningful background checks. after parkland he talked about raising the age of anybody being able to buy a long gun and also more on background checks. but it seems like often that's something to effect the day's news cycle and then he doesn't really follow through because he talks the nra or others. >> right. i was at the meeting at the white house right after the parkland shooting in which the president seemed to endorse not only universal background checks but bans on assault weapons and then within 24 hours, the nra has been in his office and he's changed his mind. i spoke to the president this weekend. i can't tell whether he is more sincere, but he certainly believes that there is a deal to be had on what he calls a meaningful background check bill. the devil is in the details as to what he means by that. but he's talking to a lot of members of congress about trying

to get something done and i intend to stay in touch with him and keep his feet to the fire. because i know republicans aren't going to support background checks legislation until the president supports it. the only way we get enough republicans to get to 60 votes in the senate is if the president is pushing them to get there. i remain pessimistic. but i'm glad he's still interested in this. >> one of your colleagues said he doesn't think universal background checks has much of a chance and red flag laws which is supposed to be the easiest matter to pass, do you think the nra and others could leverage republicans in the senate to vote against even that? >> my republican colleagues are nervous because the nra isn't as powerful as they used to be. they're having a crisis at their board level because they are hemorrhaging members, people aren't signing up to be part of the nra like they used to.

and probably because the nra is so out of step with their own membership. 80% of nra members want universal background checks. so i think republicans right now are in a tough spot because the nra is not going to ride to the rescue of their members who vote against a background checks bill on the floor of the senate. >> you really think the nra is in that much trouble? i've talked to some people who say don't -- you know, don't think just because they have internal issues and concerns over budgets and stuff that they're not a powerful organization, that wields power. >> listen, the nra's power has been about perception. i would make the argument to you that they are a paper tiger, they've lost a lot more elections than they've won. the 1994 congressional midterms is not really about an assault weapons ban that beat democrats. it was popular in 1994. it was about the health care law and an unpopular president.

i don't think the nra is as power as they make it out to be. but that perception of their -- of their power is really what's at issue right now. and a lot of republicans that knew that they were taking a risk by voting against the majority of their constituents on gun issues, now are just asking questions as to whether the nra is going to have their back and those are the kind of questions that ultimately may lead us to get over the finish line. again, i think this is tough to do with a president who is backed by the nra and mitch mcconnell who has been so close to the gun lobby. but i've got to stay at this because every day that we allow for all of these guns to be sold without background checks, lives are being lost. >> senator chris murphy, i appreciate your time tonight. thank you. >> thanks. the guns are one issue, hateful rhetoric is another. we're going to take a look at some of the language being put out there by some that could be inflating these mass shooters. and breaking news in the

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there's a remarkable story in the "new york times," it's a review of some of the fear mongering language used, especially the president's favorite news channel. >> anyone in power do anything to protect america this time or will leaders sit back as the invasion continues?

>> if you use the term invasion, that's not anti-hispanic, it's a fact. >> carrying the honduras flag. >> language we've heard by the president himself as well. >> in is an invasion. when you see these caravans starting out with 20,000 people, that's an invasion. >> we're on track for a million illegal aliens trying to rush our borders. it is an invasion, you know that. >> if you look at what's marching up, that's an invasion. >> the overlap of words used by the el paso gunman in his racist screed, he wrote he was simply defending my country from cultural replacement. one of the reporters joins me now. talk about the overlap you saw between the rhetoric among some of these right-wing media

outlets and the shooter. >> it was striking to us. it's tough to read the writings of this killer. but the word invasion and invader are used six times throughout the document. he discusses replaces americans with migrants. that's a stark parallel to the language and the rhetoric that we hear from some of the most predominant platforms in the right-wing media world, fox news, rush limbaugh, these are platforms that reach millions of americans on a daily basis and we decided to go back and look, how do these terms really disseminated into our mainstream discourse. >> but is it fair to draw a direct line, though, between, you know -- is there evidence that the gunman was aware of this language being used in these outlets? >> we don't know what media outlets this gunman consumed and we don't know who or what inspired him to commit this

atrocious act. what we've -- wanted to set out to demonstrate is that rhetoric demonizes and dehumanizes migrants, the kind of language that was relegated to fringe websites, to more extreme groups as in a short period of time become commonplace in the mainstream discourse mostly of conservative politicians. >> it's rhetoric often that dehumanizes -- it's the same in rwanda, they were talking about the infestation and these people are cockroaches and they can be killed just like you would a cockroach. >> yeah, even to use the world invasion and rush limbaugh refers to a flood of migrants, it's a way to take away the individual humanity of the migrants who are seeking refugee from a war-torn country. there are many reasons why people might seek to come into

the united states. when you look at the totality of this rhetoric, you come away with the impression that there are outsiders seeking to take away the economic prosperity of so-called real americans, namely of white americans. and you see this from the president, it's filtered into our right-wing media sphere and it's something a year ago, there was very little of it in our media culture. >> you looked at cnn, msnbc, fox news, and they used the term invasion and replacement. >> and it spiked right around the time of the caravan around the last election. what happened on fox news, we found more than 300 instances in the last year where the phrase invasion or invader was used to refer to immigrants and we

referred every single one of those clips and what we found was rather than showing a clip of the president making those comments as was common on, say, msnbc, these words were coming from fox news' hosts, from fox news' guests and high-ranking republican lawmakers, steve scalise, rchris coback. they're dipping into language that were out of -- >> that notion of invasion, that's not language that was used decades ago. >> very little. pat buchannan, when he ran these outside campaigns for president, he did talk about an illegal immigration. it was seen as extreme rhetoric. it was not absorbed by the mainstream republican party. if you remember after mitt romney lost, there was the idea

of embracing hispanics by the republican party. >> it's in the "new york times." thank you so much. appreciate it. a question dividing voters, is the president a racist. anthony scaramucci offering his own take next. we're oscar mayer deli fresh and you may know us from... your very first sandwich, your mammoth masterpiece. and...whatever this was. because we make our meat with the good of the deli and no artificial preservatives. make every sandwich count with oscar mayer deli fresh.

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president trump has had an intense back and forth on twitter with his former communications director anthony scaramucci. i spoke with him just a short time ago about the charges of racism against the president to see if he had an answer to a question that divides the country, is the president a racist? >> you know, look, at the end of the day, you know, he treats

people like objects. there's no way he's a racist. when he's looking at you, he doesn't see color, he sees a potential transaction. that might be narcissism. i'm not a psychiatrist, so i don't know. it's not racism because i've watched him -- i've watched him do it. it's like a worse level than racism. it's racist against everybody. he could care less. you're an object in his way, for or against, and then he's got a playbook. >> joining me now is tamy forum. what have you made of anthony scaramucci's thought on this? >> i thought it was very interesting, i found myself agreeing with him as i was listening to him talk. but i think the racist label does apply at this point. i was one of those people in the beginning who was reluctant to say that.

i thought trump was racially insensitivity, a bigot, since charlottesville, the repeated tweets and the attacks, the terminology, the -- it's beyond all of those things now. it's racist. and i just find that a lot of people who are trying to turn it around and claiming that those of you who recognize the racist from donald trump who were the racists somehow, i just don't think that they really want to admit that they're willing to cast that aside and support a racist president. recent polling showing that the majority of the american people think donald trump is a racist. so i guess we're not all that off base and they think he's more racist than george wallace was in 1968. what does that say, it's the president's own words consistently over his entire career, but even since he's been president that shows that he's racist and he just doesn't want to admit it and his supporters

don't want to admit that they're supporting one. >> i assume you don't believe the president is racist. would you say that he has said things which are racists? send her back is one of the oldest racist tropes? >> i think you have to look at the policies too. let's look at the opportunities zones and pushing that -- >> no, you can look at policies, but i'm asking you about the language, do you believe he has used racist terms. >> i'm going to get to that. but let me get to it. the policies, the first step back had tremendous impact, bringing families back together, bringing folks out of prison, had a tremendous impact on minority communities. he pushed that through congress. the opportunity zones, tremendous impact on minority communities, poor communities around this country. and also the policies that have created jobs, record numbers of

jobs in the african-american and hispanic communities in this country. if you look at the policies to label this president as a racist is irresponsible. does he say things that are insensitive? yes. does he say things that are harsh at times? absolutely. >> does he say things that are racist? >> i don't believe this president is a racist. i think -- >> does he say things that are racist, jim? >> he says things that are insensitive to minority communities at time. i don't believe that what he has done has risen to the level of racism. if you look at the analysis of charlottesville, i think he makes some good points on that. >> but steve is inaccurate is -- what you're referring to is a video that steve cortes, who's a guest on this program who i like very much and respect, but what he's saying is inaccurate that the president's statement about very fine people on both sides is being misconstrued, it's actually wrong. but you're not answering whether

the president i mean, is saying something racist, whether he's using racist tropes. dana -- >> has he offended -- >> it's not a question about offending. okay. >> the question i have, are you okay with that, are you okay that the david dukes of the world praise donald trump? i know that as republicans we used to criticize barack obama because kidictators praised him. why is that not the same analogy now when you have racists who think donald trump is the second coming and praise him. >> can he walk away free from criticism on this issue, without a doubt, no, we don't want the david dukes of the world. the president has denounced white supremacy. but to take this leap that anyone who supports this president is a --

>> nobody said that. that's made up. >> no. but i'm saying people start to -- if people start to make that leap, i would think that's dangerous and there have been people on cnn and other channels that have done that. but i think in this instance, tara, i'm not saying that you've done that in this case, but -- >> i think you're willing to tolerate racism. >> let me bring in dana here. what's interesting, you know, again this is the anniversary, two years since charlottesville, no mention from the president, he's bad mouthing his former communications director anthony scaramucci because he dared to raise some concerns about the president's direction, this has refocused attention. the president's remarks continually refocus attention on this question and that's something of the president's making. it's not as if this is coming out of nowhere, this is president's repeated comments.

>> it's absolutely of the president's making and, you know, yes, he might have engaged in something that was good for the african-american community overall which is the first step act, helping to deal with criminal justice reform. but how is anybody out there who wants to potentially, you know, give this president the benefit of the doubt on policy able to get past these comments that he makes over and over and over again. and that is the issue that no matter what you hear in public from people who aren't anthony scaramucci but who are in the orbit and on the president's payroll in the campaign or in the white house, it's like banging their heads against the wall. for many i would say most of them. because they want to try to try to expand the base. they want to try to -- not just want, they need to if they have

any chance of winning again. that's what -- there's a debate inside the trump campaign about whether -- and the trump orbit about whether or not they can find every single person who has -- who has allegiance to the president out there and still win or whether they do have to find some swing voters or some people who aren't sure and convince them, you got to support this guy. this kind of rhetoric completely steps on the policy that he should get credit for but can't because of what he says. >> i agree. it's frustrating. sorry. i agree with that. it's incredibly frustrating the rhetoric that the president is engaging in. >> why don't you tell him to stop it? >> and i have said it on this show and i have said it time and time again. when i believe he's said things that are inappropriate, i call him out on it publicly. >> there's this question that we've all asked at times s this a strategy, is this just him,

you know, talking out the top of head. i don't think it matters because it repeats itself time and time again. but does it -- i'm not sure if it has the impact on voters that we may think it does. you could argue that -- some have made the argument that the access hollywood tape, among some people, that didn't register as a problem. in fact they kind of liked that he's not applicably correct in their terms. >> people will rationalize all kinds of things. and unfortunately a lot of trump supporters rationalize away the fact that he's a liar, a sexist, a cheater, a misogynist and a bigot and a racist. in this case you're going to have 35% or so of the people no matter what he does, it doesn't matter, he's always going to have them. we could find the "n" word tape,

it doesn't matter. they're not going to change their support. i don't know -- he may think there's a strategy that he's riling up his base because people like it when he does this. you hear him say, people tell me. but those aren't the people you need. you already have them unfortunately. but i'll tell you who that's not good for, it's not good for suburb suburban-ites in michigan. this is a terrible strategy if that's what he thinks it is. i think it's part of his character. >> i got to leave it there. thank you to all of you. there's breaking news in the jeffrey epstein investigation, did a staffing decision help make it easier for him to die by apparent suicide? that's next. ♪ ♪

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tonight the "new york times" reports that one of the two jail guards responsible for watching jeffrey epstein was filling in and not a full-fledged correctional officer. epstein died by suicide at the federal jail, we've learned the guards were working overtime. it was mandatory, for the other, it was their fifth overtime shift of the week. guards were supposed to look in on him every 30 minutes, epstein

has a cell meate. agenci with me now is jeffrey toobin. how could this happen? >> people commit suicide in prison a lot. that's one of the stories here, that even people on suicide watch, prisons are understaffed, they are not filled with the most competent people sometimes and accidents happen. there are also sbad things that happen. >> the attorney general has said that there are, quote, serious irregularities. this is a federal facility. >> correct. it's a federal facility and the good news, if you want to call it that, there are a lot of facts out there to be gotten. there is some sort of closed circuit tv in some parts of the prison. there are records of who went to see him, lots of people to

interview, the autopsy, but interview all of the connections officers, all of the medical personnel who saw him. the other prisons will talk to the authorities. so there are a lot of facts to be gotten and, you know, presumably the fbi and the inspector general of the justice department will get them. >> the case itself, he obviously had information that had he wanted to make a deal or whatever or -- could have been -- there were other co-conspirators, this is not something that he operated, you know, this whole sick thing he did, was not on his own. >> and one of the things the u.s. attorney said was the information is going to continue. and if there was trafficking that went on, it is extremely unlikely that he did it all by himself and -- >> he was apparently needing three -- or wanting three encounters a day with very young

girls and with different ones every time. >> which is a logistical challenge. other people were helping him. again, that does not seem like the most difficult thing to track down. of course the question that -- that has arisen is why wasn't this done in the early 2000s when he was investigated the first time and he got that sweetheart deal. >> julie brown talks about that deal but also in the jail in florida, he was able to get special privileges that no sex offender would ever get. not only allowed to go to a plush office, turn out the lights because he didn't like the lights beings on. >> out of all of the aspects of the deal in florida, the thing i found the most astonishing is not the short prison sentence, but the terms of his so-called incarceration, the fact that he was allowed to go to his office, the fact that he was allowed to

interact with basically anyone he wanted. i have never heard of any sort of bail conditions, i don't know what you want to call it, that allows something like that, particularly in a sex crime. that's the thing that is -- screams out to me that something bizarre happened here. >> was he able to influence officials in the prison or guards to get special -- or to not pay attention -- >> the conspiracy question that everyone wants to know is first, was anyone outside the prison involved in paying or helping and also was he involved in making payments or making other efforts that allowed him to commit suicide. those are questions that -- >> jeffrey toobin, appreciate it. thank you. the latest on what we know about a deadly nuclear accident in russia. when you know what's behind you, ♪

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components of it. russian authorities say five specialists employed by the corporation were killed in the blast. "new york times" was the first to report the accident. and the long time reporter shares the by line. and a cnn political and analysis. what happened and what you know about the sky fall missile? >> what we know happened based on russian accounts that are coming out, is that a small nuclear reactor which we believe the russians were using to try to power this experimental missile, somehow exploded or melted down either during or after the test of the missile on a platform at sea. in northern russia. and a as soon as it did a group of five scientists were working there by the account of their own institute worked to try to control the reaction.

they failed. and they were all killed along with two other people. the russians now say that there were seven dead. we think that number may increase. over time. there they were fortunate the accident happened at sea. there were increased radiation levels noted in the nearest city. >> most people hear about the sky fall they think about the james bond movie. vladimir putin is bragged about sky fall. what exactly is it? >> in his state of the union address in 2018 had showed an animated video of a series of new nuclear weapons. that he said russia was either developing or deploying. it was short of detail. one was a weapon that moved at five times the speed of sound.

one was a cruise missile. ballistic missiles take a predictable path into outer space. that's how defenses work. cruise missiles try to avoid defenses by staying low and basically zigzag to the target. he showed an under sea drone, looks like a giant torpedo. that he maintained would evade missile defenses and many in the united states and the intelligence community thought this was a sort of under sea doomsday machine. in other words the russians could launch it under attack and might hit its target three days later. even if moscow was already destroyed. had showed these. we couldn't tell what part was out of dr. strange love and what was real. >> president trump tweeted the united states is learning from the explosion. the u.s. has similar though more

advanced technology. do we know is that accurate? we tried and failed in the 1950s. >> it's true the united states is developing a hyper sonic missile. as you say, this idea of putting a nuclear reactor in the back of missile in the rear four it and make it go anywhere, any distance was something the united states tried in the 50s and 60s. and failed at it miserably. everything that could go wrong went wrong. including raid ya spewing out of the -- radiation spewing out of the exhaust. >> does that play into any of this? >> the one way it plays is this. there's a new arms race under way and the logic for it seems sort of strange.

on the one hand these treaties including the interneed yat nuclear forces treaty which expired this month. prohibited certain classes of missiles. in that case, intermediate range that the russians could aim at european targets. the united states wanted out or president trump wanted out in part because the russians were violating the treaty and said i think logically why would we adhere to the treaty the russians are violating. and the united states wants to counter similar missions china has aimed at taiwan and japan. the bigger fear is the main treaty that bans intercontinental baa list tick missiles expires in 20 months. the concern the russians and the united states would be able to build limitless numbers of

missiles. >> fascinating. thank you very much. appreciate it. why changes are in the works for the endangered species act credited with saving the bald eagle and other animals. maria ramirez! mom! maria! maria ramirez... mcdonald's is committing 150 million dollars in tuition assistance, education, and career advising programs... prof: maria ramirez mom and dad: maria ramirez!!! to help more employees achieve their dreams. [ text notification momnow that you have]mirez!!! new dr. scholl's massaging gel advanced insoles with softer, bouncier gel waves, you'll move over 10% more than before. dr. scholl's. born to move. ♪

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you might remember reporting on this program that scientists have been ordered to get ut of the way of a massive and controversial copper and gold mine scheduled to be built in sensitive area in alaska. the governor met with president trump. it may not surprise you the trump administration announced significant changes in how the endangered species act is applied. changes that will weaken the regulation. currently the act protects more than 1,600 species. and credited with saving grizzly bears, and bald eagles. the new rules make it easier to remove a species from the list

and weaken protections. one leading environmentalist says the the rules are a gift. the new rules will actually help the rarer species. changes are expected next month and will be challenged in court. i want to turn it over to don lemon and "cnn tonight." >> i want to take time to go big picture here for you. we should not lose sight of what's been going on in this country. and in the white house. we shouldn't lose site of what's at stake. and it was exactly two years ago in charlottesville. that heather hire was murdered by a neo nazi in the middle of white supremacistts