n mouninta coffee roasters. ♪ ♪ there's nothing wrong with capitalism. so sang ongo bongo, remember in the 1980s. i'm michael smerconish in philadelphia. there is finally reason for the optics on the gun front. because of the private sector. the list of deadliest mass shootings in the united states last year, too many for me to read aloud in a short time.

i'll put them on the screen. no one ever these incidents spurred legislative change. nor the slaughter of 20 school children in 2020. not the execution of 58 on the las vegas strip. the 17 who were shot and killed at marjory stoneman douglas high school in florida. nor the 11 killed at a synagogue in pittsburgh. all we got from government was thoughts and prayers, but this week, america's largest retailer and largest private employer did do something. walmart ceo doug mcmillan surprised many with a company memo, in which he announced walmart was limiting sales on ammunition for short barrel rifles and handguns. getting out of the handgun market altogether. and discouraging open carry in all stores except for enforcement. but mcmillan was responding to the shoot at the el paso walmart

that killed 22. it was written by my next guest, columnist andrew ross sorkin. in a letter entitled dear walmart ceo, you have the power to curb gun violence, do it. sorkin wrote, what happened over the weekend was not your fault but it is your moral responsibility to see it stops. the legally purchased weapons that were used in the mass shootings did not come from walmart. but guns in america travel through a manufacturing and supply chain like wells fargo and software companies like microsoft and delivery and logistics giants like federal express and u.p.s., all of those companies in turn count walmart as a crucial client. the nra called walmart's actions this week shameful. shameful to see walmart succumb to the anti-gun laws.

but those retailers will presumably not include cvs, kroger or wegmans who request that customers openly refrain from carrying guns in their stores. that list already includes starbucks, wendy's and target which have all asked customers to not openly carry in stores unless they're law enforcement officers. there's also dick's sporting goods which stopped selling high kwae capacity magazines and bump stocks. and citigroup and bank of america who said they're not going to fund manufacturers. blackrock, the largest investor in the world sent a letter asking tough questions about manufacturers and retailers about their practices. even the makes of the hugely popular game fortnite have taken steps out of gameplay including the combat shotgun.

hey, maybe mitt romney was right when he said corporations are people too. which leads me to my survey question, go to my website smerconish.com and answer this question. will the private sector address our gun epidemic in a way that congress and president can't or won't. andrew ross sorkin joins me now. thank you so much for being here. were you caught off by surprise by walmart this week? >> i was, i thought that doug mcmillan might do something. i had gotten hints there might be something afoot. but i did not think it would be as public as it was. nor as forceful as it was. and i would contend to you, what he's doing in the stores is one thing. but the actual real change here, even beyond that is that he also wrote letters to the president. he wrote letters to pelosi, he wrote letters to congress, saying that the company now supports revisiting the assault weapon ban. he also supports government

research on gun violence. these are major shifts for a company based in arkansas, where the gun culture and guns are a huge part of their heritage. and the fact that, as you mentioned, the largest retailer in the country, the largest employer in the country, has even taken these steps, has said these words aloud i think is a major shift. >> in other words, what you're saying is it's not so much that they aren't selling "x" or they aren't selling "y" but the role of walmart as an advocate is the real story here? >> right. i think the real story here is you have corporations saying enough is enough. i don't think these companies, by the way, are against the second amendment or against guns. what people are doing and ceos are saying to me is, we're looking around and we're seeing that the laws by default are not working. we, michael, you and i would not be having this conversation if

the laws were working the way they were supposed to work. what do we as ceos and leaders supposed to do it about it. for so very long, many of these executives felt they could down anything about it. but these were considered part of the culture wars but somehow that has changed and i think you're going to see a shift in the same way that companies for a long time has squeezed governments and clients and all sorts of people for the things that they want. i think you'll start to see them use that influence in a new way on this issue. >> a point that you've been making in your writings. and you also made i guess in yesterday's episodes of "the ou concept and how you think that provides leverage to walmart and others. >> well, look, walmart, as you read and as you r you read from

column has business relationships with all sorts of companies. banks, distributors. everybody along the chain, if you will, is involved with this. and involved in supporting the gun industry. and so, the question is when you can get some of the big companies or some of the big financial companies to say, we only want to do business with retailers that are going to sell guns in a responsible way. we only want to do business with companies that are going to -- major the age limit, at walmart raised their age limit to 21. they're only going to sell certain types of products. there's lots of things to be done that completely i would argue in the reasonable sense that would improve the situation quite materially. but you do need everybody, along that chain, from the credit card companies to the banks to the retailers, to everybody else, to get and to organize not as effectively. and to do it in the proper way. >> andrew, i've often made the point that i think we have a gun epidemic problem that is

exacerbated by a limitation of data management. and what i mean by that, in the case of, say, marjory stoneman douglas, there were all of these red flags. and the left hand and the right hand of government didn't seem to be interconnected. might the private sector be better equipped to bridge those differences, but if your answer is yes, what about privacy considerations? >> well, so one of the things i did last year is look at every mass shooting in america over the last decade. and what you found was, in a majority of the cases, the guns were purchased with credit cards. historically, after a mass shooting, what the fbi immediately does is go and get the credit card receipts. that's where they go first. so the credit card companies ostensibly have more access to more information if they so chose to get that access. currently, the way they've structured it, they don't. the question again is whether the private sector, whether the banks and credit card companies and others can step in and track

things and look for unusual and suspicious activity in the same way as they do, by the way, banks are used for anti-money laundering. they're used for human trafficking. there's lots of things that they are tracking. now, there privacy issues? absolutely. but we do use the financial system, if you will, to try to track and look for suspicious behavior. that still allows most of america to do what it does on a daily basis. and i don't think it would infringe on anybody's rights. >> what would you say to a critic to says, well, this is all well and good. but in the process they're letting elected legislators and the president off the hook? >> well, i don't know if they're letting them off the hook. i think they're stepping into the breach, is what i would contend. i would argue long term, hopefully, what you're going to see is them use their leverage and influence on legislation to try to come up with something that's reasonable and something that works. and the reason i say that is because one of the things that you have to worry about, and i think the steps that some of

these companies like walmart are taking are quite valuable. but what you also don't want is all of these types of sales and suspicious activities to move effectively out from blue chip companies. and into the shadows. and so, ultimately, i think you probably do need legislation. or, as i said, you need the ecosystem. the financial system and everything else that's related to it to actually be helping and working in concert so they don't move into the shadows. >> quick final question, is this -- i think this is good for america. that's my opinion. >> yeah. >> is this good business business for walmart? >> you know, it's funny, i think it actually is good business for walmart. i think a lot of corporations, one of the reasons they haven't stepped down is they worry it will be bad for their business. i don't know if you know the stock market is an indicator of anything when dick's sporting goods did this, the stocks originally fell. when walmart did this, the stock went up. >> interesting. andrew that was excellent.

thank you for being here. >> thank you, i appreciate it. >> what are your thoughts, tweet me @smerconish. go to my facebook page. you are showing your bias by insinuating all guns need to go. mom & pop spords goods stores will gladly take the business. my bias? firearm owner. we have a gun epidemic in this country. i said this before we are not unique relative to mental health. we are not in america particularly violence people. there's nothing -- our kids don't play more video games than the kids in japan. the only thing that distinguishes us from the rest of the world is the second amendment. and the plethora of firearms in so many houses. so, there's my bias. you know, there's no mystery here. there's nothing behind the curtain. that's where i'm coming from. we've got too many guns in too many hands. i think this is a step in the right direction. i'm just disappointed.

it's like the private sector showing leadership that the government thus far hasn't. that's my view. i want to know what you think. go to my websit website @smerconish.com. answer my question, will the private sector address our gun epidemic in a way that congress can or won't? >> up ahead, has the system of aristocracy to meritocracy, a system that see cass greated income equality, a yale professor says yes. and it's college football season. everybody is pumped. why this is mascot causing furor. because he's the notre dame fighting irish leprechaun, the only african-american one until history. ♪ even when i was there, i never knew when my symptoms would keep us apart.

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the latest target in america's culture wars is of all thing notre dame's leprechaun mascot. connor fagan from northern ireland and samuel jackson and lynnette wookiee who are both black. the second and first chosen,

wookiee is the first female mascot. jackson debuted the other night. one viewer was the head of barstool sports dave portnoy who sent out a tweet that sparked a social media deluge. you know what's sad, the internet culture has made me afraid to say i think the notre dame mascot should always be a midget looking ginger. so i'm not going to say it. there are other racially motivated tweets that jackson felt to respond. here's what he said. like it or not, this guy right here is still one of your notre dame republic practileprechauns. how about we use this negative energy to bring us together this season? see y'all next game. what do you make of the retweets? the 13,000 likes that it received? >> well, that's the part certainly that gets your

attention. i mean, when barstool is out there stirring the pot and they're not necessarily the pot of gold, that's not a surprise. but, certainly, the portion of people that seem to agree with the idea that it should be a very limited, incredibly limited group, that would be drawn from, to be the notre dame leprechaun mascot. we're just talking about as mascot here. that's the part that elevated. and samuel jackson responsibilitying after that full day of debate in the social media world. and the way he responded, very measured, positive, that was certainly newsworthy. >> was it necessarily racist? i mean, in part of the social media back and forth, portnoy said i don't think it should be a ripped tall white guy with black hair either. >> well, he's certainly entitled to his opinion. i think it's in the eye of the beholder, whether something is racist or not. samuel jackson himself didn't

use that term. and seemed to want the issue to go away. he tamped it down. tried to defuse it. talked about the negative energy. i'm not here to throw that label on it or not. but the reason why we wrote about it, why it seemed newsworthy, was the fact that that it had a full day of news cycle. i think it's interesting three days after the official tweet, portnoy pretty much backed down from that concept and suggested he was just joking. and if somebody at notre dame wanted to have a black student mascot, if they wanted to have a female as they do with lynnette, or even an indian person, he said, they can just knock themselves out. so, i think he certainly changed his tune a bit in those next three days. >> you know what struck me is that if you had a little person with red hair, the way that portnoy seems to think

appropriate, who is a fighter and irish -- i imagine people can look at that and say, oh, what else are you going to say, that he drinks? i think you're damned if you do, damned if you don't. >> as it turns the issue around in the last three days, one alert reader pointed out, the very fact that we have this template in our minds just what you described in terms of a help practi help practice ron. and what is historically accurate, there was the twa of africa. they're the ones that drove them out. not so much snakes. it was a small group of people called the twa. they can dark-skinned people from africa. you could make the case that notre dame, with two new mascots who are african-american, second

and third in their history. mike brown was the first one that they finally have it historically accurate. >> final thought. i thought that samuel jackson handled this with some dignity and class. >> yes, a big part of this job, quite a process any spring where they have wide open trials, anybody can do it. it's an ambassador-type role. it's not just waving a flag and going 200 times a game. he'll be speaking on behalf of the university. the way he handled his first test was very well done. >> hey, mike, thanks for being here. >> thank you, mike. still to come, some counts counterintuitive, at least to me, but is the domestic cause of rising inequality a system based on merit? a new book makes that case. pre. it hydrates and softens skin. so it looks like this... and you feel like this.

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i used to think that merit was a good thing. merit to me meaning simply the rewarding of achievement based on hard work. but a new book as he recalifornias, the meritocracy trap, how america's myth feeds inequality and devours the elite. it was written a yale law school professor daniel markovitz.

he said meritocracy is a shame. one that excludes working and middle class adults from what he calls the charismatic center of economic life. that it denies the middle class the good living that comes with the ability of blocking the job that their parents were denied. professor markovitz joins me now. people are watching this and saying, wait a minute, what could be wrong with a system that rewards hard work. >> thank you so much for having me on. look, there's nothing wrong with a system that rewards hard work in principle. but what's happened is, that the rich now buy educations and training for their children that nobody else can even come close to competing with. just as a simple example, an elite private school in the united states today spends maybe five times as much per student per year as the average public school. what all that education means by the time rich kids start taking

the s.a.t.s. kids whose parents make over $200,000 a year score 250 points more than the other kids. it's no way people who go to ordinary schools can compete with that kind of education and training. >> are we better off with an aristocracy? >> i don't we're better offer an aristocracy, but we would be better off with a system that has less competition all the way to the top. you can imagine a system where you needed training to get good at what you need to do, the job that you wanted to do but not that you had to beat everybody else and always be the best. it's that push always to be the best and compete all the way to the top to privilege those who are the resources to train in order to win. >> professor, my wife and i within the last ten days dropped off three sons at schools. college and grad schools. good schools. they're hard workers. they did well.

they definitely had advantages by virtue of the fact that we raised them. and we raised them in a well to-do community. did we do something wrong? >> no, part of the argument in this book, there are really no villains. there's a system and we're all caught in it. so everybody is responding to the systems that they have trying to best for their families but the system is one that favors some and harms others. and that's the problem, that's the thing that we need to focus on correcting. >> right. and i understand that argument. and i think there's merit to it, and yet, as i read the book, i continually came back to the observation at its core, it's still based on hard work. you speak expansively about goldman sachs and white shoed law firms and the billable hours. unlike the age of aris to be crazy, those who benefit from the meritocracy, they are investing the labor. >> they certainly are investing it's labor but they're also excluding others. let me give you an example. think about taxicabs.

it used to be to be a cab driver you had to know the city. in fact if you had to be a cab driver in london, you had to study for about a year and a half what is called the knowledge. once you got the knowledge, you could make a living and feed your family off of it. today, taxicabs are being pushed out by uber. the way in which uber works, a small number of incredibly hard working but incredibly privileged superskilled workers design-a gore ri algorithms and make drivers deskilled. all they do is pay the instructions on their cell phones. the drivers get paid almost nothing. the elite gets all of the income. there's no workplace training. there's no hierarchy to rise through. so, we have kind of a cast system. so what meritocracy has done, it's created a new aristocracy, only now based on schooling, rather than breeding. that might be better than the

ode aristocracy, but it's not very good. >> you say that meritocracy describes or offers an explanation for the rise of nativism. of populism and even for president trump. there's a second of the book called the coming class war. will it get violent? >> i don't know whether it will get violent. but it is the case that meritocracy explains a lot of the resentment that working class and middle class people feel in the country today. what meritocracy does it creates a system that the middle class can't win and then blames individuals in the middle class by characterizing their exclusion from wealth as a failure to measure up and disguising structural factors that we've been discussing that make it in fact impossible for them to win the competition. and when you're told that you don't get advantage and it's your fault, you get angry. >> final question, how can we reward hard work? because i think that's in everyone's best interest, yet, keep avenues open to those who

are in the middle class have this is unfair to you. but what's the 30-second version of the solution? >> the solution is to open up and broaden the elite. right now in the united states, almost all of the major colleges and universities in america are the same ones that existed a hin years ago. we have almost no more places at those schools. at the same time, the ivy league spends twice as much per student per year as it did 20 years ago. those schools should double or triple their enrollments. that would create a much broader pathway for opportunity for everybody and everybody would win. >> your book drops formally this week i believe. it's called "the meritocracy trap." i'm glad for you being here. >> i'm grateful for the opportunity. thank you very much. let's check in on tweets and facebook, kathryn. what do we have? from twitter, the world needs ditchdiggers too, judge smails. hey, spalding, you want to reach me, you make a caddyshack

reference. believe me, it goes right to the core. i thought this book was great. it really got me thinking. you heard the personalized way in which i asked that one question of the professor. because we raised our kids to be achievers. to work hard. to log the hours. yes, they had the benefit of great schools that we were able to send them to. then i read the book and i thought, my god, have we done something wrong because we're part and parcel of what he's describing? there's important messages to that book so read it. i want to remind you of the survey question of the week at smerconish.com. will the private sector address our gun epidemic in a way that congress and the president can't or won't? a lot of buzz about andrew ross sorkin's appearance here earlier. part of boris johnson's no deal brexit, his own brother quit. and johnson purged 21 conservative members including winston churchill's grandson.

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johnson, joe johnson to quit the partial. the two brothers have been on opposite sides s initiative. mp joe johnson sed he'd been torn between parliament and the national interest. that decision caused prime minister johnson to purge 21 conservative party members of parliament who opposed a no-deal brexit. among them, sir nicklaus soames, the grandson of winston churchill. more than four years ago, i interviewed soames and johnson on my radio program and the subject for each was churchill. boris johnson had just written a biography called "the churchill factor: how one man made history." and with soames, i was glad to not only get his remembrances of

his grandfather but the polarization. here's what he told me on my xm radio program. >> i'll tell you, michael, i was very surprised when i went back to washington to see how very polarized it has become. and there is a tradition here, as there always used to be in my experience in the senate when i worked there of people, although there was a political roughhouse and big disagreements, people really did make efforts to work together in the national interest and the in interest of constituents. >> stunning to hear that now. and how far things have moved across the pond in the last four or five years. sir nicholas and the prime minister both admired the legacy of winston churchill. my hunch is churchill would have been proud of his grandson, not the prime minister. churchill was acutely aware of what's possible, others' needs, consensus and respect. as pointed out by a professor at bard college, after the war was

bon, churchill gave a famous speech in zurich which he called for the creation of united states of europe. he believed that only full european integration would stave off another devastating war. b plus sir nicholas has something else in common. a deselected argument back in the news, free trade. by the way, we invited sir nicholas to be here today and were informed that, quote, his diary is absolutely chuck ablock, and unable to accept your kind offer. you got to love the brits. still to come, is legal pot getting stuck at the gate? you can buy pot legally in ten states with more on the way. but you often can't fly with it even between two states where it's legal. why the current laws are confusing both for consumers and for the tsa. listerine® completes the job by preventing plaque,

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marijuana tourism is booming, but once the pot is bought legally, can you bring it through at the airport? with recreational marijuana now

legal in ten states and others on the way, consumers, the tsa and local airports are wrestling with confusing laws. where pot may be legal locally, it isn't legal federally, and it's illegal to transport marijuana across state lines, even between two states where it's legal. in colorado, for instance, marijuana sales are up more than $1.5 billion a year. in 2017, those purchasers including an estimated 19 million visitors. yet, it's illegal to possess recreational marijuana at denver international airport. a tsa spokeswoman told "the wall street journal" that its officers are administrative and can't arrest anybody and aren't actively engaged in joint enforcement and screeners aren't searching for marijuana or cannabis-infused products. how is this going to be resolved? joining me now, a boston-based attorney who consults on marijuana and other reliance

issues. what happens in a state where it is legal. i have it in my bag, i now get to the, you know, the tsa line, and somebody sees it? >> the tsa officer is not a sworn law enforcement officer. so they will call over a law enforcement officer from a local jurisdiction. and ask them to resolve the issue. in jurisdictions where possession is legal, they'll often just ask you to dispose of it. so in some places that may be through an amnesty box. in other places, you may have to go put it down the toilet or in the trash. if you're in a jurisdiction where it's illegal, it's a problem. >> yeah. but even where it's legal, am i right, counsel, that if i'm at l.a.x., there may be no more, no pun intended, lax than at denver? >> well, it all depends on the local jurisdiction. so, l.a., as a matter of city policy has determined that

possession of marijuana within the airport is not a problem. but it is a problem to take it through the security checkpoint. in denver, they made a policy determination not to allow marijuana within the boundary of the airport itself. >> written lherein like thaes t jurisdiction? >> federal jurisdiction is apparently from the substance clause. if you look at the controlled substance act, that's the hook they hang their hat on. these days that may be a little more difficult to sustain. given the intense regulation of marijuana by states that have legalized it. they really track it from seed to smoke, if you will. >> right. but where geographically does the state jurisdiction end, and the federal jurisdiction kick in? is it curbside, when i leave my bag with an attendant? is it when i get inside and i'm approaching the tsa line? >> that's a great question.

the federal government has sort of jurisdiction over the airways. so, i think it's really -- it's when you get into the air, that the federal jurisdiction kicks in. but, of course, by that time, it would be too late to do anything about it. so, the tsa, as they say, in their publications, they're not looking for pot. but if they find it because it is a class one controlled substance under federal law, they will call over local law enforcement. >> anecdotally, i'm told that you are hearing those who are making out like bandits are the attendants for rental car returns? >> yeah, i've heard stories that people get cold feet at airports where they've bought pot legally and they're thinking about take something home and leave it it's in glove box. and some of the car rental attendants are doing pretty well. >> what about international travel. i haven't addressed that with you yet. >> i think that's a great

question. and that's something that really a serious issue. people should be very aware that the penalties for possession of marijuana in some countries have been very, very strong. and one airport that i was working with told me that they've been contacted by the diplomatic core of an asian country, because this country had had a number of tourists that have been coming through customs from this airport. and had marijuana in their luggage. and had been subject to fairly stringent penalties. so, for people that are thinking about travel ago broad, it's really important to understand that the laws there are variable as well. but can be very strict. >> a final quick question. is there any solution to this patchwork that exists that you've described in the united states? >> well, i think what we are likely to see is a movement in

congress that stems from all kinds of political philosophies that would devolve regulation of marijuana to the states and would basically take that off of the federal list of controlled substances. and we've already seen the first step in the recent farm bill where hemp was deregulated. and cdb products made from hemp, up to a certain concentration are now legal. >> david, that was excellent. thank you so much. >> my pleasure. still to come, your best and worst tweets and facebook comments. here's one from twitter. what do we have? we are weed friendly across canada now and can be banned from u.s. if crossing, says jeff. hey, jeff, i can remember when it was the reverse. i can remember anecdotally, from my time practicing law full time, hearing from clients and hearing from friends of americans who had great difficulty, you know, because they've had some possession conviction in the u.s., now, they get to the canadian border,

and they weren't being let in. it seems like there's been a complete role reversal in that regard. we need action at the federal level to resolve this discrepancy. that's the bottom line. coming up, we'll give you the results of the survey question from smerconish.com. if you didn't voted, do it now, will the private sector address our gun epidemic in a way that congress or the president can't or won't? that's why we graduated to tide pods sport. finally something more powerful than the funk. tide sport removes even week-old sweat odor. it's got to be tide. now, there's skyrizi. i have moderate to severe plaque psoriasis. 3 out of 4 people achieved... ...90% clearer skin at 4 months... ...after just 2 doses. skyrizi may increase your risk of infections... ...and lower your ability to fight them. before treatment your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection... ...or symptoms such as fevers,... ...sweats, chills, muscle aches or coughs...

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. time to see how you responded to the survey question at smerconish.com this hour. will the private sector address our gun epidemic in a way that congress and the president can't or won't? survey says. 85% of 7,229 voters say yes. well, i'm in the yes category. i hope that's the case. by the way, what i think is most encouraging about this, and i said this to andrew ross sorkin is the data management possibility. i think of the marjory stoneman douglas case, and you know, you hear, well, the police came to the house x times, and the school was on notice of x, y, and z, and then there was an attempt to buy a weapon, et cetera. why aren't the left and the right hand communicating all this information? better data management would go so long, i think, so far toward solving some of these issues. of course you've got to respect privacy at the same time, and

therein lies the conundrum. katherine, what do we have from social media? smerconish, if as you say you are a gun owner, then you are part of the problem, period. repeal the second amendment. i don't think that's realistic, robert. robert, i'm ready for a conversation about the second amendment. that's what distinguishing us from the rest of the globe, and i disagree with justice scalia's interpretation of the militia language in the d.c. versus hellor case. i'm ready for that conversation. i just think it's impractical. what else do we have? won't curtailing retail sales of guns create a vacuum for gun sales? that's one of the problems, gary. it's one of the problems that instead of dealing with the reputable retailer like walmart that now we give rise to some shady area of the economy. i'd still rather have walmart getting involved than not. one more real quick. smerconish, i'm not upset

because the mascot is a person of color, i'm disturbed because he doesn't have a beard. as for the girl, oh, joke's on me. joke's on me. that was the end of it i guess? listen, he's a good mascot it seems to me. a lot of pep and they're winning. join me for my american life in columns tour, in sunnyvale tour on september 30. the october 1 is sold out. thanks for watching. see you next week. so ...how are you feeling? on a scale of one to five? one to five? it's more like five million. there's everything from happy to extremely happy. there's also angry. i'm really angry clive! actually, really angry. thank you. but what if your business could understand what your customers are feeling... and then do something about it. turn problems into opportunities. thanks drone. customers into fanatics

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