also department of justice declines to press charges in a case that galvanized the black liv matter movement bu california lawmakers try to the new standards for police use of force. chevron comes under fire for state regulators for its handle of a massive oil spill in thevalley. we begin our show with the ongoing debates over immigration and race but and how it's already shaping the 2020 debate. president donald trump continues to crackdown and immigration at the store the de borr this week announcing a new assignment policy that stands to leave thousands of immigrants in limbo.

all women of color. in response to that rhetoric the house voted to ate one party wants to condemn the president's remarks as racist. the back-and-forth this week between trump and the democraa is likelpreview of what the 2020 presidential race a setting. the present is expected to double down on his divisive message from 2016. joining me now to discuss is a republican consultant and rkenior contributory the similar and allie times melanie mason, she joins us via skype from los angeles. thank you for being here. melanie, before the prreident last week it started off a fight between democrats the progressives were clashing with house speaker pelosi, the squat these four fresher members one of them eveaccused her of singling out women of color in th it was not looking good. did trump help themby doing

what he did with the streets? >> i think he absolutely building nancy pelosi out because i think there was a real poofnt of tension house leadership alienates these uprising freshman members, these women of color and it was a really ncomfortable situation for nancy pelosi and there's trump inserting himself to this conversation anthat gave democrats and out. it gave them a common person to focus on tonight around and i think he will put the key off he ofwhich is a fracas decision within her caucus. m> clearly trump once to tie these four rs and their very progressive positions to the entire parties hanging around whoever ends up being the nominee. is there any danger in that or do you think that's a smart calculation? >> ata calcn on tom's part? i think we know what trump is

trying to do. he's playing to a sce and this is the same song he's played in 2016. he played in 2018 and i think the question are ther diminishing returns for the strategy? two people become numb or near to it? i think the real question is is this for nancy pelosi to fully embrae these four members because remember what led her to recapturing the house in 2018 it was really a more moderate district of thas freshman is likely much more moderate or much more purple, i think, than what these four women really tepresent. nk by having alexandria causey over cortez and others be the face of the democratic party the question iwhat does that mean to the other freshman? >> i want to get that in the second but tim, i want to talk to. i think thmost shocking moment is what happened in north carolina trump rally where attendees chanted send her back as the president was talking about representative boomar. she wan in somalia but as an american r citizen and memb of congress. you do not mince on words on twitter as you watch this, he

put up the street you said i did to my friends in dc go along with trump imagine how this video the president leading the white mud in the center back channel targeting a black rafiti is going to look inoour kids high sc government history classes. the hatred has got to be stopped. talk about rbc you have been a critic of trumpet i think this was a very strong statement and something we dhear from some corners of the republican party. >> barely. i found it off in a fit f pique iseemed to resonate with some people but that's how i felt. i looked at video was jaally ing. it felt like some of the worst he would see in france or victor or one rally in hungary. it wasn american t its core this idea of chanting send her a back refugee. you have all of the underlying historical racial undertones without. but then just like this sti- immigratiments, this is not what the republican party has been about historically. there's always been made of the shirts within the party but if

you look at the president and leader of the party, reagan d announcement speech was at the statue of liberty. about welcoming immigrants. white nal speech in the house has felt farewell address about the country being welcoming grto imts. that's how he book ended his presidency. that patriotism used to be ingrained and being welcoming to immigrants are now trump is trying to take that word and make it more about hatred of c the othe hatred of immigrants and the rally which he in my view encouraged was extremely jarring and i felt like the responses from the republicans in washington were pretty tepid. >> muted at most. t condemning the chant but not wanting to insult the president and anyway. >> behind the scenes they know it's wrong. so that's the frustrating part. how canthou watch video and not saying this needs to be a moment where we stand out and speak out.? po there's tical fear for trump haa hold on the party.

not the entire party. and polling we've done about 20% of the parties against him.u is not to win any elections but it is 20-30 million people in the country and i also think there's group thing that happens. you wach fox, you hear from yor friends about all the most extreme things happening on the left and no doubt there's a lot of extreme thappening in the left. can you talk about how the 2020 candidates have responded to this? have they? >> there's been this general sense of disgust anbu condemnationi think that's kind of what xwe wouldct from democrats. i do think that this is an opportunity for them to continue their criticism of ther ident but i think the question is does any of that really move the needle or breakthrough? i think to tim's point the interesting thing is what are the reactis within the resident's own party because

we would expect democrats to say this is wrong. sure enough, that's what they are saying but istruly the question of what are his own republican compatriots saying about that or the lack thereth that i k is the dynamic really worth watching. >> tim, you are on the campaign trail in 2016 with jeb sh. he sougtrump use a lot of this language, anti-immigrant language, what do you see n coming 20? what does this tell you about how similar this next election will be and what trump is angling for their? >> is going to be more of the same and probably worse in 2016. you have to get inside trump said on this. 2016 he went with his gut. a this was not strategic ploy. it work for him but his gut feeling was to go after the ltural fissures and it would work and ended up attracting some of these blue-collar obama voters. so all along the way everybody on tv come all of the republican elites said this i wrong, the muslim man is wrong. access hollywood is going to kill you.

you have no chance of winni like this. and he n anyway. if you are donald trump why you're going to listen to any people that tell you that you d shouach out to suburban voters are more diverse voters when that's what they all told you in 2016 and they were wrong? i think what he's going to is use his gut and double down on this native a strategy and inflaming racial grievance because he thinks it's a winner or not. it is >> melanie, what do you think? even out on the camp campaign trail but republicans need some independence. do you thin pthis is ent message? >> i do think that for the base it is a no-brainer for him but i guess the question is is that ghse going to be ento get you intellectual votes to win? i'm not sure that's necessarily the case or not. i think big difference between what we saw in 2016 where trump was really hypothetical, everyone didn't reay know what he would do as president. now in 2019 going to into 2020

where he's not hypothetical he would we know what pursue is a big difference in the minds of voters. we can't forget that what happened in the middle with 2018. he tried this in 2018 but t caravan hetried to juice up his base and it didn't workd rm elections are different than presidential elections and also this is much more going to be about key swing states as opposed to a national electric move. but i think at adamic i see that stuff and now is people aren't wondering what trump would do an office. they know. i think you really benefited and 2016 from the lack of known. spin i would chime in though and i think in a particular in the democratic bubble, lk democrats i to the appreciate the fact that there were a lot of voters who actually thought trump would beh wors he is. it was a big portion of the third party vote out there of this anti-trump, voti-hillary er who tended to be conservative but just couldn't bring them to do it. v thed for gary johnson or evan mcmullen.

i think the democrats should be concerned those third-party voters go back to trump next election because likinyours ome he's done it on the issue and while the trees have been bad, while they don't love everything ige saying on fo policy, it's like every time he goes right up to thline of what feels like it's going to be an absolute catastrophe come he backs it off a little bit. i don't think any of them have felt like any of his controversies have been disqualifying with the democrats believe that were not, th not something i believe but it's a common view among these johnson and mcmullen the leaocers and dts need to talk to them they can't expect everybody's going to watch this with the same horror they did. e >> melawhat do you think the message needs to be for democrats in 2020 board for the house meers and presidential candidate whoever that is? >> if you talk to nancy pelosi or house leadership is doing you did in 2018 and focus on the bread-a-butter issues me healthcare, healthcare, trump is a sideshow and talk about what democrats can do

when they deliver when they're that i do think that one of the things that will be difficult for the freshman members trying to recapture their s in 2020 as they benefited d ormously from voters wanting to change wan see what the house democrats can do in the trure is it's ly hard to deliver when you only have one half of one branch of government butthat still hard arguments make voters. you going to see them talk lot about issues but is going to be hard for them to show what they can deliver when ey don't capture other levels of power. >> especially given the president democrat e this attorney general william barr declined to pursue federal charges against a police officer involved in the death of eric garner. bystander video of the fatal police enunter from 2014 galvanize the black lives matter movement in his ongoing efforts to highlight the use of excessive force.

maanwhile california lrs are nearing has of a bill they could set stricter standards in the nation governing the use of deathy force. s is a response to reports of police misconduct that continues to come to light through a new law law enforcement agencies to release records and misconduct. to an email to discuss is our remote just as editor alex inslee and criminal justice reporter suki lewis. welme to boh. you both have been working on policing issues for a long time and as we know it was fia ago this summer that just a month after eric garner stepped the protest and ferguson missouri over the an death ofther unarmed black man, michael brown set off a national debate. alex, how much would you say a?s changed in the last five years in califor >> quite a bit and it goes back further, 10 years to the shfata ting of oscar grant in oakland at a bar station by a bar police officer. in tht case i ke the ones you mentioned another arts of the country did result in criminalcharges. bualso really started a movement in california for transparency and accountability

particularly around the use of deadly force by police now, it takes a while for something like that to catch on so around 2014 when this issue was becoming a major idea in the publiconsciousness, state supreme court case opened up some information abofficer involved shootings. the public for the first time in many decades was allowed to learn the names of officers who had shot and many times killed me ers of the publi since then i think there's a lot of philosophical change around policies within individual police departments. we've seen bands on shooting atv moviicles which is a high proportion of the use of deadly force by police officers. opinions on use of choke ol or sleeper holds which is a similar maneuver to what led to air gartner's ath. > and we've also seen political movement after years of there not inany ability

in sacramento to tackle this issue. one of thvmajor changes w seen was the law that took effect in january opening up the misconduct record and you and alex have been part of the team working to obtain as many em as possible. i know there's been a fight in itself. you publish tenses of stories already in suki, you broke the disturbing case easily involving a mentally ill man. officer jonathan silva was respding to a call om the san jose state university library reporting a man was looking at pornography potentially masturbating. he wouldn't answer the officer's questions and we have the clip you guys obtained of what happened and we should for one of you is, it'very graphic and violent. >> what's your birthday? >> i can change it. >> no, give meyour real birthday. >> i don't have one, i swear to god. >> standup. stand up. >> stand up.

>> roll over on your stomach. yoasre going to get. >> very disturbing footage. it goes on for several more minutes. suki, where the officer and thisman now? >> the man in the video philip truong was very badly injured. his ribs were broken, collapsed d lungs. he eceive a settlement from the university for that $950,000. for the officer the case really was interesting to show this kind of divide between how the university and w police officials viewed his use of force. the university hired an outsideo investito come in and look at it. they found it was excessive and they try to discipline the ofcer, fire the officeand he appealed to the state personnel board. the state personnel board basically said it was police officials and said you didn't do anything wrong. so he followed the police chief

who was chief at e university to los gatos and he's now a ice officer there. >> is not the only one. you broke another story involving a domestic violence poctim whose attacker, her boyfriend, was ce officer was repeatedly not arrested because of those connections to the force to the people who would be investigating these incidents. what do these cases tell yo broadly about how hard it is for an officer to really be held responsi done something violent? >> and that case the officer was eventually criminally charged, took a plea deal. he was taken off the force. he was fired eventually. this was after two internal affairs investigations, however. i think what we are seeing which is gain it'part of the nature of the records that we ise getting so i don't want to mischaracterize and say every officer gets away with misconduct or every officer is

about officer. the majority are not. the majority are doing their jobs and doing them well. because of the records were getting where they show actual discipline for misconduct i think there is a pattern we are seeing where this very serious behavsar. sexual t we are talking about disnesty, very serious misconduct that you would expect to have a very serious result. in some situations we are seeing this paern where there are no criminal charges filed. maybe that they ll lose their jobs or there will be charges but even there will lose an employment at one place of business and at another and get rehired at aganother ncy. >> alex, we mentioned the eric garner case. this was a case where man died after beng put in a choke hold and scuffling with police. are you surprised at the officer in the case was not charged? >> no, these days i'm never really surprised at a police officer not being charged for an on-duty use of

force. i know that that case habeen investigated on multiple levels the federal st was investigation into whether it c was il rights violations. those kinds of investigations themselves are pretty rare to have charges come out of e rare still so now. >> but that is because of the stdard that exists, around when an officer can be charged. the legislature is going to take up a bill that already passed one house per that will make it harder for police work and make it harder for police to justify the usof force to its result of a very hard- fought compromise. we have seen police officers whhave opposed this orpolice chiefs say they're not posting it now. with the bill do what it promises at all? >> i think it's kind of unclear right now. it was more straightforward bore some amendments athat people who are now who were supporting it and who now aren't asay really watered it down. i think that it's going to take

a particular type ofcase that has some circumstances where maybe the officer maybe an officer escalates the situatien to anreme degree. then to have a prosecutor want to file charges out of that to see if this new law is tually going to change that calculus. for right now it's kind of hard to tell. >> you mentioned folks in black lives matter and that the folks drop off of it. suki, there's a companion bill that woulr reqmore training for police. is this something that police officers have pushed, will that make a difference? i'm hopeful that it will. i think it's really interesting, it's going to give more money for training and also especially for de- escalation techniques so i think especially for places around the state that don't have those kiresources like a big city, this will give th an avenue to getraining and de-escalation techniques, to access to some of these tools that they wouldn't toherwise have. it's also going aise the

bar on what is required when they review use of force incidents. i do think that creating more of these picies and more uniformity across the state could create a safer and more stable rking experience for officers and also for the public. >> suki lewis, alex, thank ysyo gu so much. last friday kqed news 800,000 gallons of water in ude oil into a dry creek bed in the entral valley. weeks have started and stopped since made from oil site roughly 35 miles west of bakee field. anypeared just this week. state regulators or the company last friday to take all seasures to stop the flows and said safran t done and enough to prevent future lea but with no content and claimant poses no threat to waterways or wildlife. news n now is mournin editor ted goldberg broke the inory, ted, thanks for coming in. edibly when you broke this

there have been no public accounting of the massive spill. how did you find out about it and why didn't we know about it sooner? >> via found out about it is quite boring. s monitoring database that's on the tao oh, yes office of emergency services website for another story. i'd been reporting it in the chevron refery in chmond and i wanted to see if there were any updates we put the word chevron in the databad e noticed this other incident in cook county. at the time i noticed it wasn't as big as wit is but i started asking questions about it and ttle by little the new notations in the database started increasing the amount of oil and water that t had come of the ground. by thursday night a week ago that number was a very gh. that's when we learned it was actually a much bigger deal. >> do we have any sense by the

state government didn't make this public? >> dito not respond he questions and lawmakers are interested to find out why it wasn't publicized such a state selawmakers but yesterdaator dianne feinstein issued a statement about that. they did send out notices to the appropriate government agencies. chevron reported the incident like i said in the agency that regulates oil and gas operations in california had done some woron it, it just wasn't widely known. >> what we know about what caused the spill and what mistakes chevron made perhaps after it staated? >> we are reporting today is that siobhan has revealed a little bit about what may have caused the initial spill. they were doing some old welance work on an had been plucked up they had been damaged but we don't know exactly why or when u wanted to replug the piping in the well so they took out concrete that was in the pipto put in new concrete to plug it up again. apparently when they pulled that concrete out that's when oiland water starteowing

up from the ground. >> there's been a couple of different leak points. we herd earlier the state officials are saying the public is not a risk, the environment is not a risk, do environmentit agree that assessment? >> no. right when the whole thing started coming out a week ago this dayphnd chevron ized that no drinking water would be affected by this. the nearest farm i think is six mis away so from their point of view no problem for the bultural community in that area. environmentalists say at some point there could be drinking water that we may need here and the damage that's being done to the ground area this portion of this very huge oil field can be lasting a long time. >> this is a lot of oil we are talking abou it's mixed with water but can you put in context how does this compare to other oil il we've seen in california? >> before i do that i want to mention they are trying to get ca much more pe amount of oil. right now they estimate that is

800,000 gallons of a mixture of oit and water and tabout a third of that which is about 20 55,000 gallons is crude oil. but they are in the process of gettinga much more refinasd ement of that so we may see a new number in the coming days. but to answer your other question, this point comparing many of the environmentalists are to a major disastat took place on the central coast 2005, you may remember that particular incident with the all planes pipeline company that was actually less oil but in a much different area and come from a n pipthis is not as close to residential areas in urban areas. >> one of the things that happened as these revelations came out was that governor gavin newsom moved to fire the head of the state divion of oil gas and geothermal resources to oversee these types of permits and regulations. can you talk about why this man was fired, anything to d

this spell? >> it happened around the same time. last week the governor had gotten word from news reports that had from a number of consumer groups that revealed two things. one of them was that employees in this particar agency that regulates this industry had investments and the companies they were regulating that was obviously a conflict of i erest and then threbuild a very large number of ul hydc fracturing licenses, fracking permits had been given to companies. the governor then ordered the firing of the head of agency come he replaced that persona somebody else in the same day the person had the new job that's when he issued a new order to chevron on the incident we've beeing up. >> a lot moving around. you have been ting on other problems that refineries for example in the east bay and bay area, talk about it like i think in california with think of ourselves as a very progressive and moving away from oil t is still huge industry and one that's caused

problems in other communities, right? >> without a doubt. in te bay area thare a handful of refineries and one in sauna county wral that we've done reporting on you mentioned chevron and richmond. there's been a number of accidents in the last yeaats we reported on officer the biggest one to place a chevron more years ago than that but but the chevron refinery and valero refinery had significant number of problems. we reported on them and re rted on the shell pipeline siat goes from the bay area down to a mer area where the oil wells there's been a number pipeline brakes on major pipeline that's actually up for sale right now. >> a lot going on in this industry. i know you reported yesterday that there's some politica a falloeady. give me a sense of about what's happening in that an investigation into the spill. >> the chairman othe senate natural resources committee and its counterpart in the assembly will told is the plan to call gs for hearboth in the deep oil spill and also into the conflicts of interest that we talked about befe. at thiint the chairman henry stern of southern california says he was to get

a timeline from the agency which regulates this incident when did they learn about what happened with the chevron oil well and what kind of information they learned. he wants to find out why idwe t all learn about in advance. >> same questions we have. ted goldberg, editor, thank you so much for breaking the story and coming in. >> thank you. that will do it fus. as always you can find more coverage at kqed.org/newsroom. things for joining us. >>

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