02/08/16 02/08/16 [captioning made possible by democracy now!] amy: from pacifica, this is democracy now! >> i would bring back waterboarding and i would bring back a hell of a lot worse than waterboarding. amy: in the final republican debate before the new hampshire primary, donald trump and his rivals promise to bring back waterboarding and expand guantanamo. >> the bigger problem with all of this, we're not interrogating anybody right now. guantanamo is being emptied by

this president. we should be putting people into guantanamo and should not be releasing these killers who are rejoining the battlefield against the united states. amy: as north korea launches a long range googler test, republican candidates threat to launch primitive strikes against north korea. >> united states is going to have to get the united states back into the game. if a preemptive strike is necessary to keep us safe, we should do it. amy: than to super bowl 50. we will talk concussions, protests, and beyonce's have time homage to the black panthers. we will speak to sports writer dave zirin. all that and more, coming up. welcome to democracy now!, democracynow.org, the war and peace report. i'm amy goodman. two both have capsized off the coast of turkey killing at least 32 people, including a number of children. more than 400 people have been killed trying to reach europe so

far this year amidst the greatest refugee crisis since world war ii. this comes as up to 35,000 syrians have massed along the turkish border amidst intensified airstrikes and fighting around the syrian city of aleppo. turkey has kept the border closed for a fourth day today. the refugees are said to be sleeping in open fields in the cold. republican presidential contenders faced off saturday night at st. anselm college in manchester, new hampshire. taking part in the debate were new jersey governor chris christie, dr. ben carson, senator ted cruz donald trump, , senator marco rubio former , florida governor jeb bush and ohio governor john kasich. abc news excluded former hewlett-packard ceo carly fiorina from the debate, despite protests. much of the debate coverage has focused on marco rubio for repeatedly reciting the same talking points about president obama even after he was called , out by chris christie. donald trump defended his call to bring back the bush-era torture tactic of waterboarding. >> in the middle east, we have

people shopping the heads off christians, we have people chopping the heads off many other people. we have things that we have never seen before as a group. the medieval times -- i mean, we studied medieval times will step not since medieval times have people seen what is going on. i would bring back waterboarding and i would bring back a hell of a lot worse than waterboarding. amy: more on the debate after headlines. new hampshire primaries are tuesday. the un security council has condemned north korea's launch of what it claims was a satellite on sunday. the launch was lightly seen as ballistic technology, a violation of you and sanctions. -- u.n. sanctions. last month, north korea tested what it claimed was a hydrogen bomb. u.s. ambassador to the u.n. samantha power vowed to back "serious consequences." >> each of these illegal actions requires a robust response because of the dprk's decisions

and actions, we will ensure that the security council imposes serious consequences. dprk's latest transgressions require our response to be even firmer. amy: in taiwan, rescuers have continued to pull people from the rubble of an apartment building more than 60 hours after it was toppled by an earthquake. at least 38 people were killed in the 6.4-magnitude quake but officials have warned the toll is likely to top 100. earlier today, an eight-year-old girl was among those polled alive from the ruins. haitian president michel martelly has left office at the end of his five-year term without a successor in place, following mass protests demanding his ouster. the united states has been criticized for supporting haiti's disputed october elections, where the president's handpicked successor, jovenel moise, came in first out of more than 50 candidates, despite being virtually unknown. last month mass protests , succeeded in postponing a scheduled runoff where moise was

the only candidate after his , competitor, jude celestin, refused to take part. martelly left office sunday following a deal to have parliament choose an interim president ahead of elections scheduled for april. his departure came on the 30th anniversary of the departure of haitian dictator jean claude "baby doc" duvalier, who was flown into exile aboard a u.s. government jet after a popular uprising. feminist icon gloria steinem has apologized after suggesting young women only support democratic presidential bernie sanders because "the boys are with bernie." steinem made the comments on real time with bill maher friday night. >> when you're young, you're thinking, where the boys? the boys are with bernie. >> ooh. now if i said that -- >> no, no. >> you would swat me. >> no, i wouldn't. i mean, hello. how well do you know me?

amy: a recent poll found democratic and independent women between the ages of 18 and 34 prefer sanders by nearly 20 percentage points. after an outcry, steinem apologized for her comments, writing -- "in a case of talk-show interruptus, i misspoke on the bill maher show recently, and apologize for what's been misinterpreted as implying young women aren't serious in their politics." meanwhile, another prominent supporter of hillary clinton former secretary of state , madeleine albright, has drawn attention for saying there is a "special place in hell for women who don't help each other." critics have cited albright's past defense of sanctions in iraq, when she said the deaths of 500,000 iraqi children were worth it. meanwhile, a new reuters/ipsos poll shows sanders has erased clinton's national lead. the poll shows clinton leading sanders just 48% to 45%, putting the two in a dead heat. both bernie sanders and hillary clinton have taken up the water crisis in flint, michigan. clinton called the poisoning of

flint's water immoral while sanders called it a humanitarian crisis. the state of michigan meanwhile has fired the head of the department of environmental quality's drinking water unit over the contamination. liane shekter smith is the only state employee fired over the crisis. the lead poisoning in flint's water began after an unelected emergency manager appointed by goveor rick yder switched flint's water supply to the corrosive flint river. governor snyder has faced increasing calls to resign. the pentagon has released nearly 200 photos relating to the abuse of prisoners by u.s. military personnel in iraq and afghanistan. the american civil liberties union has been fighting for nearly 12 years to win release of photos related to the bush administration's torture program. the released images include close-ups of bruised and lacerated body parts and bound, blindfolded prisoners. the pentagon is still withholding 1800 images which are believed to be far worse. "the washington post" and buzzfeed have identified a

second member of the british cohort within the self-proclaimed islamic state who oversaw the detention, abuse and beheading of western , hostages in syria. alexanda kotey, who grew up in west london, is one of the four guards hostages dubbed the "beatles" because of their british accents. another member of the group, mohammaed emwazi, known as "jihadi john" was killed in a drone strike in november. a federal judge has blocked the anti-choice center for medical progress from releasing videos they secretly recorded at meetings of abortion providers. judge william orrick also dismissed as baseless the group's claims abortion providers are selling fetal tissue. the ruling comes after a jury charged with investigating planned parenthood over the false claims about fetal tissue instead decided to indict the group's leader, david daleiden, and another anti-choice activist, sandra merritt. a salvadoran woman who suffered seven seizures while in immigration custody has been released from a for-profit detention center in texas after

a public outcry. susana arevalo was detained last month in one of the obama administration's raids targeting central american families seeking asylum. she told democracy now! from jail that officials had prevented her from attending her medical appointments for epilepsy. to hear an excerpt of our interview with her you can go to , democracynow.org. meanwhile, authorities in el salvador have arrested four former soldiers wanted in spain for the murders of six jesuit priests in 1989. prosecutors say soldiers killed the priests, their housekeeper , and their daughter to silence the priests' criticism of abuses committed by the u.s.-backed military. five of the priests were spanish. the arrests came after a u.s. judge paved the way for a former salvadoran colonel to face charges in spain for helping orchestrate the priests' killings. new york governor andrew cuomo has announced alarming levels of radiation after water contaminated with radioactive tritium leaked from the indian

point nuclear power plant. at one monitoring well, the radiation had spiked 65,000%. the plant's owner, entergy corporation, has said the groundwater contamination at the plant does not pose a threat to the public. environmentalists have called for the closure of indian point, citing aging infrastructure and a history of operational issues. the chicago police officer who fatally shot a college student and an unarmed grandmother in december has filed a lawsuit against the estate of the teenager he killed, saying he suffered extreme emotional trauma. the officer, that is. officer robert rialmo claims quintonio legrier swung at him with a baseball bat, causing him to open fire, killing both legrier and an unarmed bystander in the house 55-year-old bettie jones. , recently released audio shows quintonio legrier called 911

seeking help three times in the minutes before he was shot but was treated dismissively by the police dispatchers one of , whom hung up on him. police were finally dispatched after a fourth call from legrier's father saying his son was wielding a bat. in other news from illinois, political science professor who wore a hijab in solidarity with muslims has left her post at wheaton college after she was suspended over her actions. she said she was standing in religious solidarity with muslims who face harassment after mass shootings in paris in san bernardino, california. the school said it reached a mutual agreement to part ways with hawkins. pop legend the on say paid tribute to the black panthers, malcolm x, and the black lives matter movement during her halftime show at the super bowl on sunday. her backup dancers for black panther style berets and posed with their fifth in the air,

recalling the black power salute by tommy smith and john carlos at the 1968 olympics in mexico city. her music video for "permission" released the day before the super bowl, the vote hurricane katrina as well as police brutality. by the way, the denver broncos be the carolina panthers of the super bowl 24 to 10. -- laterave more after in the broadcast with dave zirin . and those are some of the headlines. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. in the final debate before tuesday's primary in new hampshire, republican presidential contenders battled it out saturday night at st. anselm college in manchester, new hampshire. taking part in the debate were new jersey governor chris christie, dr. ben carson, senator ted cruz of texas, donald trump, senator marco rubio of florida, former florida

governor jeb bush, and ohio governor john kasich. abc news excluded former hewlett-packard ceo carly fiorina from the debate despite , protests from many republicans. much of the debate coverage has focused on marco rubio for repeatedly reciting the same talking points about president obama even after he was called , out by chris christie. the section of barack obama doesn't know what he is doing. he knows exactly what he was doing. let's dispel with this fiction of barack obama doesn't know what he is doing. he knows exactly what he is doing. the bottom line, this notion of barack obama doesn't know it is doing. >> there is. the memorized 25 second speech. there it is, everybody. >> i think this is an important point. we have to know what we are going through here. we're not facing a president that doesn't know what he knows what he is doing. >> i think anyone who believes that barack obama isn't doing what he is doing on purpose doesn't understand what we're dealing with here.

who is a president trying to change this country. amy: while headlines about robot rubio and marcobot dominated much of the discussion after the debate, a number of other issues came up during saturday's debate including torture, north korea, police brutality and eminent , domain. we will look at all of four of these issues and how the candidates responded on today's show. we will begin with the issue of torture raised by debate , moderator david muir of abc news. onisis here in the war terror because as you know, there is in a debate in this country about how to deal with the enemy and enhanced interrogation techniques. senator cruz, you said "torture is wrong." civilized nations do not engage in torture. some of the other candidates say they don't think waterboarding is torture. mr. trump has said, i would bring it back. senator cruz, is waterboarding torture? >> under the definition of torture, no, it is not.

under the law, torture is excruciating pain that is equivalent to losing organs and systems. on the definition of torture, it is not. it is enhanced interrogation, and vigorous interrogation, but it does not meet the generally recognized definition of torture. >> would you bring it back? >> i would not bring it back in any sort of widespread use. i would join with senator mccain and legislation that would prohibit line officers from employing a because i think bad things happen when enhanced interrogation is employed at lower levels. but when it comes to keeping this country safe, the commander-in-chief has inherent constitutional authority to keep this country safe. and so if it were necessary to, say, prevent a city from facing an imminent terrorist attack, you could rest assured that is commander-in-chief out would use whatever enhanced interrogation methods we could to keep this

country safe. >> thank you. you said not only does it work, but you would bring it back. >> in the middle east, we have people chopping the heads off christians. we have people chopping the heads off many other people. we have things that we're never seen before as a group. we have never seen before what is happening right now. the medieval times -- i mean, we studied medieval times. not since medieval times of people seeing what is going on. i would bring back waterboarding and i would bring back a hell of a lot worse than waterboarding. >> mr. trump, thank you. governor bush, you said you won't rule out waterboarding. congress has passed laws banning the use of waterboarding by the military and the cia, as you know. would you want congress to change that? >> no, i wouldn't. it was used sparingly. congress has changed the laws and i think where we stand is the appropriate place. what we need to do is to make sure we expand our intelligence

capabilities. the idea we're going to solve this fight with the drones, killing people somehow is more except double than capturing them, securing the information. this is why closing gntanamo is a comete disaer. wh we needo do is ke sure we are kept safe by having intelligence give abilities for superior than what we have today. that is how you get a more safe place is by making sure that we are fully engaged. right now this administration doesn't do that. >> senator rubio, i want to ask you, you had said you do not want the telegraph the enemy what you would do as commander-in-chief, but for the american people watching tonight who want to know where the next president will and, do you believe waterboarding is torture? inwhen people talk about targeting terrorists, they're acting like this is some sort of law enforcement function. law enforcement is about gathering evidence to take someone to trial and convict temples the anti-terrorism about

finding information to prevent a future attack. the same tactics do not apply. we should not be discussing in a widespread way the exact tactics that we're going to use because it allows terrorists and others to practice how to evade us. but the bigger problem with all of this, we not interrogating anybody right now. byntanamo is being emptied this president. we should be putting people into guantanamo, not ending it out and we should not be releasing these killers who are rejoining the battlefield against the united dates. amy: senator marco rubio at saturday's republican debate in new hampshire. the eighth debate, the final one before the new hampshire primary on tuesday. joining us now is pardiss kebriaei, senior staff attorney with center for constitutional rights. she represents current and former guantanamo prisoners. welcome to democracy now! quite a discussion, both around the issue of waterboarding and expanding guantanamo. >> right. you know, there is a lot to say. hard to know where to begin. to just the basic point about the fact we're still debating

whether things like waterboarding constitute torture and you have candidates able to say, no, waterboarding is not torture and to redefine those terms -- i mean, that is not redefine the term of torture, that is something that is not unique to the issue of torture and not unique to the political party. we heard many times administrations and officials say, we don't torture, we don't engage in indefinite detention, we don't do targeted assassinations. all of this by sort of unilaterally redefining and gutting terms under international -- it is not new or unique. as to whether things like waterboarding constitute torture, clearly, under widely accepted understandings and standards and definitions under international law, it is torture. and u.n. committee has said it was. amy: senator cruz said it

wasn't. >> others have said specifically waterboarding is torture. u.s. courts have said it. the united states has prosecuted u.s. and foreign soldiers for engaging and waterboarding. there been prosecutions domestically for waterboarding domestically. the idea that this is arguable is just not supported. it is clearly illegal. i think the troubling thing is the fact that it has been made arguable or able to be debated, still has in part to do the fact there has been zero accountability for torture under the bush administration. and that is been something that has been -- that falls on the obama administration. amy: what could be obama administration do? >> there have been calls for special prosecutor to investigate clear allegations of crimes committed at least by the cia as evidenced by the senate report on the cia torture program. there is volumes of documented

information about at least one piece of portrait of the bush and administration. there should at least be an investigation domestically. politically, you know, that seems very difficult if not impossible. those investigations have not been pursued. we at ccr, as a result, because of the lack of complete accountability domestically, we have turned to foreign courts and supported or been involved or brought a request for prosecution or accountability in the courts of spain. an action inting france. there have been actions in committee.re the cat we are at least internationally through jurisdictions a foreign courts to bring to bear some kind of accounting for what has happened. i think the fact there hasn't been anything domestically and the message is sort of, we need to look forward and not backward

by the obama administration, is part of what has allowed this sort of gray zone for things like torture and waterboarding -- which has been the most over forms, to remain arguable and debatable. and to hear it on national television by republican donors. but, nonetheless. amy: the extreme of expanding -- the issue of expanding guantanamo and the mutual outrage of the candidates that were was not just closed, but expanded? >> yeah -- amy: talk about the prisoners that you represent in guantanamo. to attack her.ot rubio says we need to be putting more people back into guantanamo and the basic problem is we are not interrogating anyone anymore. it is false to suggest that guantanamo was the only place where the united states or is the only place for the united states to interrogate terrorist

suspects. in recent years, for example, there have been operations reported in the media that we know about where the united states has smashed suspects -- snatched suspects off the street in suburban areas. for example, one in 2013 was snatched from his home in a suburb of tripoli by u.s. military forces, held and interrogated aboard a u.s. navy counsel,out effectively incommunicado, and it appears in federal court in the united states to face charges and trial. and that entire period of holding, treatment, interrogation, is effectively erased once that happens because of the challenges -- because of the difficulty of challenging that treatment and federal court. that is one hybrid way the u.s. is relying on wartime authorities, problematic ones, to sort of take people up far

from recognized war zones and hold and interrogate them without charge, without counsel, you know, effectively secretly, and then bring prosecution was stuck so we know those things are happening. so the suggestion that we are not interrogating anymore is just false. guantanamo and, you know, what has happened with the present now, there is a certain momentum in terms of transfers of people. we need to be very clear about who is being transferred. those are people who u.s. intelligence and defense officials themselves have said do not need to be at guantanamo. amy: we're talking not only obama administration officials, but bush officials. >> we have said it until we are ready in the face. it is just a complete distortion. amy: many of these prisoners held for well over 10 years,

cleared for years to be released. >> the first group of people under the obama administration were proof or 2009 and 2010. many of them are sitting in guantanamo today, putting some of our clients. one on a nine-year hunger strike, still in guantanamo. another one sitting in guantanamo, perhaps watching this broadcast now. there's another group of men who have been cleared under more recent administrative reviews under what is known as the pure arctic review board. -- periodic review board. those were set up and meant to start in 2011, nothing happened until 2013 the step that is entirely on the obama administration. but something entirely with executive control, there was an executive order that said these reviews due to start in 2011 and need to be done by 2012. nothing happened -- amy: four years later. afterhing happened until a mass hunger strike at the prison in 2013.

guantanamo and really sort of fallen off the administration's agenda as a priority until after the hunger strike. slowly, since then, the reviews have started. still, dozens are still waiting for their first review. two of my clients just went through his review, was approved for transfer, and another -- both yemenis -- approved for transfer last her, still waiting for transfer. those men, cleared men by the administration itself, remain sitting in guantanamo. there's another problem in terms of the way people are being transferred from guantanamo. that is an issue that has gotten far less attention. but in terms of what they face, particularly for those not going home, which means a lot of the yemenis, and they're not going home not because they don't want to go home or can't go home, but because it is u.s. policy not to us in the back to yemen because of conflicts that have nothing to do with some of their individual circumstances or their families. so as a result, is dating to find third countries for them.

-- is needing to find third countries for them. it is the experience of those who have been held for 14 years without charge arbitrarily, tortured, getting on a plane and then landing in an entirely alien environment without family, without community, with very little support. amy: are the democrats differ in their approach to guantanamo? hillary clinton was secretary of state in a number of these years. >> no, i mean, dozens of these transfers over 70, 80, 90 of them, have happened under the obama administration. certainly, transfers need to keep happening. the bottom line, the men in guantanamo need to be out. but how they're being transferred, the support they have, what their express on raintree is like, that is important of the attention to as well. separate from these dust on amy: we have 30 seconds. >> we need to be clear the obama industry's ultimate for closing guantanamo envision maintaining the policy of intention it -- a definite detention.

part of the dangerous it allows for the policy of legal justifications to remain open and would allow for a place, whether in cuba or in u.s. prison, for future administrations to send additional detainees to. that is part of the danger of the administration possible so-called", planned. amy: i want to thank you, pardiss kebriaei, senior staff with the center for constitutional rights. she represents current and former guantanamo detainees. we're going to go on with this debate on the issue of eminent domain, printed strikes against north korea, and about the issue of police brutality. then we will look at the super bowl, the protest, the concussions, and we will look at the of the, the songs released and the watcher performs at halftime. stay with us. ♪ [music break]

amy: this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman.

as we continue with that seems from the last republican debate before the new hampshire primary. north korea is facing international condemnation after launched a long-range rocket carrying what it called a satellite over the weekend. it was north korea's first long-range rocket launch since 2012. during the debate in new hampshire moderator martha , raddatz asked the candidates how they would respond to north korea. >> it was reported just moments ago that the north koreans test launched an intercontinental ballistic missile. north korea has nuclear weapons and conducted another nuclear test just last month. the missile that was launched is the kind the north koreans hope could someday carry a nuclear weapons capable of reaching the united states. how would you respond if commander-in-chief? >> the next president of united states is going to have to get the u.s. back in the game. if a primitive strike is necessary to keep us safe, we should do it.

trump, when you have a redline with north korea, would you consider military action and how far would you let them go? haveina says they don't that good of control over north korea. they have tremendous control. i don't the chinese all of the time. i do tremendous -- the largest bank of the world is in one of my buildings in manhattan. i deal with them. they tell me. have total, absolute control practically of your - -north korea. they're rebuilding china with the money they take out of our country. i would get on with china, let china solve that problem. they can do it quickly and surgically. that is what we should do with north korea. >> senator rubio? >> china does have a lot of templates over north korea, and he should be leveraging our relationship with the chinese to ensure north korea no longer has

access to the resources that allow them -- a country that is not economy to develop long-range missiles are ready capable of reaching the west coast of the united states potentially. amy: that was senator marco rubio of florida speaking at saturday's debate in new hampshire. joining us now from washington, d.c., is tim shorrock, investigative journalist and the author, "spies for hire: the secret world of outsourced intelligence." he grew up, in part, in south korea and has been writing about u.s.-korea relations for 35 years. hi, tim. talk about the significance of what the republican candidates were calling for come action, one after another, talking about a preemptive strike in north korea. >> first of all, martha raddatz's west was completely responsible and shows the militarism that is endemic of u.s. media toward north korea. they do not launch an icbm, they put a satellite in orbit. even the pentagon has confirmed this that it was a satellite. you can track it going around the world on the internet right now. they up and developing missiles

for many years and they've been testing them, and they haven't tested one for about four years. bm ready to was icm launch a nuclear attack is ridiculous. the response by the republicans is scary and frightening that they would call for a preemptive strike on north korea when there is the situation highly -- you situationscle with innocent people within hundreds of miles, the call for war that could affect or kill hundreds of thousands of people in the first few minutes is ridiculous. amy: this is a little blip more of senator marco rubio. but it is standard procedure of the united states to shoot down this missiles once launched of they pose a threat dust >> i am talking about a primitive strike on the launchpad. but i think it is important to werethat it is and others

eluding to the says well i think, it is the standard procedure of the united states if in fact this missiles pose a threat to land civilians are allies, to shoot down that missile midflight. i understand your question was about a preemptive strike, but my point is, there is in place no contingencies to avoid any sort of that strike from going ofant and destroying acids the united states are implicated were hurting in it are allies or assets in the region. amy: that is marco rubio, tim shorrock. >> actually, what he said is accurate. the united states does have plans called opt plan to take out the north korean leadership and do preemptive strike if they're about to launch a nuclear attack. you can see this, this is a public documents and has been written up in the press where particular leave the south korean and japanese press and not pay too much attention by the u.s. press, but the u.s. does have these plans. every year with south korea, a

practices decapitation of the north korean leadership, practices regime change -- massive military exercises the north korean government sees as a strategic threat to its existence as a state. and north korea, you know, people see north korea as kind of like this self generated malice toward the united states as if we are some kind of innocent bystander. the united states has maintained the military presence in korea since the end of world war ii, particularly since the end of the korean war. we have japan allied as a military ally. we have south korea that is three of the largest militaries of the world, you know, that have forces arraigned against north korea. states andhe united south korea practice every year for war with the north. we see this -- they see this as

a threat to their existence. they have for some years now, they have at a plan -- they have this line were basically, nuclear development of a missile development, and economic development go together and they want to develop these capabilities to exist as a nation. and so you have a conflict between the u.s. and north korea. amy: tim -- >> has very little influence on north korea. they do not have troops in north korea. china does not command troops in north korea like the u.s. does. if anybody has control in korea, it is the united states, which has operational control over the south korean military in times of war and has honest 30,000 soldiers there. so, you know, the issue is, how to diffuse tension between the u.s. and north korea and what to do about it? i've been saying this for years

on this program and many other venues, is that the only solution is to have direct negotiations and talk with them about, you know, what they want, which is peace in the korean peninsula and in and to the confrontation with the -- amy: d.c. the iran nuclear deal as a model with what should happen in north korea? >> absolutely, that could be a model. i believe iran and cuba could be a model for how to diffuse tensions and in the case with iran, how to step-by-step go about moving away from the nuclearization and toward demilitarization. is,the united states policy the north koreans have to completely abandon any -- their nuclear weapons without -- before proceeding in any kind of negotiations. i think there has to be more open negotiations. amy: tim shorrock, thank you for being with us investigative , journalist and author of, "spies for hire: the secret world of outsourced

intelligence." grew up in part in south korea. as we move on to another issue raised in the republican presidential primary debate saturday, this is josh mcelveen, the political director and anchor of wmur tv. cook's mr. trump, you've said "i love eminent domain." which is the seizure of private property for the sake of the greater good, theoretically. you try to use the measure in business endeavors and said you would support its use for the keystone pipeline project. here new hampshire, a project known as the northern pass would bring hydroelectric power from canada into the northeastern grid. do you see eminent domain as an appropriate tool to get that project done? >> let me tell you that eminent domain, because almost all of these people -- actually, chris hasn't, but summit people have hit me with commercials and other things about eminent domain. eminent domain is an absolute as the city for a country, for our country. without it, you would not have

roads. you would not have hospitals. you would not have anything. you would not have schools or bridges. you need eminent domain. a lot of the big conservative said tommy how conservative they are, i think i am more than they are, tommy, oh, they all want the keystone pipeline. the keystone pipeline without eminent domain would not go 10 feet. you need eminent domain. and eminent domain is a good thing, not a bad thing. what a lot of people don't know because they're all saying, oh, you're one of take their property. when eminent domain is used on somebody's property, that person gets a fortune. they get at least fair market value. if there are smart, they will get two or three times the value of their property. without eminent domain, you don't have roads, highways, schools, bridges, or anything. so eminent domain -- it is not that i love it, but it is absolutely -- it is a necessity for a country. and certainly, it is a necessity for our country. >> so that is a yes on the northern -- difference between eminent

domain for public purpose, as donald said, roads and infrastructure, pipe lines and all that, that is for public purpose. what donald did was use eminent domain to try to take the property of an elderly woman on the strip and atlantis city desk clinic city. that is downright wrong. here's the problem with that. the problem was, it was the teardown -- was to be a tough guy. i did not take the property. >> you tried. cook's the woman ultimately did not want to do that. i did -- us into a parking lot for his considering those is not for public use. >> that was jeb bush and donald trump sparring in saturday's presidential primary debate in new hampshire. we're joined by ilya somin, professor of law at george mason university. he writes for the "washington post's" blog the volokh conspiracy. his new piece is called, "donald trump's lightweight defense of taking property for private development." somin is the author of "the

grasping hand: kelo v. city of new london and the limits of eminent domain." what happened in atlantic city? what was this woman's place, ilya somin, that donald trump wanted? >> what jeb bush that was basically correct. donald trump wanted to build a parking lot for one of his casinos but in order to do that, he needed to acquire the property of several people, including this elderly widow's home. her name was vera. she did not do so. donald trump lobbied successfully to condemn her property. he would have gotten away with it, except the court struck down the condo nations it wasn't for any legitimate purpose, so donald trump was not telling the truth when he said he just walked away. the only reason he walked away as because he lost in court. . >> what happened her?

she have bought this house with her husband. in fact, ultimately, first didn't carl icahn by it? >> i'm not sure about that, but i do know that she had refused previous offers from other people to buy it from her and she also did not want to sell to donald trump, which is her right , and the government should not have tried use the forced eminent domain to take it from her. amy: donald trump ultimately did not succeed in getting her house , right before he went bankrupt there. >> right, but billy reason he did not succeed is because the court struck down the condemnation that he had lobbied for. >> fit this into the larger eminent domain debate in this country. >> certainly, there's been a long-standing debate about whether courts should supervise eminent domain and enforce the public use provision of the fit the moment, which says the government can only take asperty for public use such

a road or bridge or some other sort of public facility and on the other side are people like donald trump who argue that the government should be able to take property for virtually any reason, including transferring it to a private developer like trump, and often the private developer isn't even required to reduce the economic benefits that supposedly justify the condemnation in the first place. amy: finally, donald trump after the debate went on to talk shows yesterday and said that, in fact, the bush family, george w. bush, had also used eminent domain in texas to condemn property to build the stadium for his team. >> that's basically correct, although, it was actually a parking lot for the stadium rather than for the stadium itself. i think what george w. bush did was wrong, but in no way justifies what donald trump did. neither one of them should have been permitted to use eminent domain for this sort of purpose.

amy: ilya somin, thank you for being with us, professor of law at george mason university. he writes for the "washington post's" blog the volokh conspiracy. his new piece is called, "donald trump's lightweight defense of taking property for private development." when we come back, we will look at the candidates response to a question about police brutality. and then it was, well, you probably know it, the super bowl yesterday. did you see beyonce at halftime? the message she was sending out. stay with us. ♪ [music break]

amy: a shout out to the cathedral students visiting today. that was "formation" the song and video that beyonce released on saturday, day before her halftime show at the super bowl. we will talk about all of this in a minute as she saying about police brutality and also hurricane katrina. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. during the republican presidential debate, the last before the primary tomorrow,

donald trump suggested police are unfairly targeted while ohio governor john kasich said there must be more collaboration between communities and police. both candidates were responding to questions by debate moderator david muir of abc. >> mr. trump, there are many who argue cell phones and smartphones are just now exposing what is been happening in this country for years, cases of excessive force against minorities. as you know, on the other side, the i direct recentlsaid the is a ill windlowing rough a l enforcent becae ofncreased scrutiny. yo said poce are t most mistreated people in america. as president, how do you bridge the divide? >> there is a divide, but i have to say the police are absolutely mistreated and misunderstood and if there is an incident whether it is an incident done purposefully, which is a horror and you should really take very strong action, or if it is a mistake, it is on your newscasts on i come all we come all month, and it never ends. the police in this country have done an unbelievable job of

keeping law and order. and they are afraid for their jobs -- [applause] there are afraid of the mistreatment they get. i'm telling you, not only me speaking, minorities 11 the country, they respect the police of this country, and we have to give them more respect. they can't act. they're afraid for losing their pension, their job, they don't know what to do. ideal with them all the time. we have to give great respect, far greater than we are right now, to our really fantastic police. i did ask about bridging the divide as president. what would you say to the american families who say, we as seen excessive force? >> well, they do. and they sue. s everybodyues. they go out and sue. we have so much litigation. i see the courts and what they're doing. you know what? we don't want excessive force but at what point? either you're going to have a police force that can do its job -- i was just a

manchester and i met with police officers yesterday. tremendous people. they love the people. they love all the people. they want to do their job. you're going to have a visa problems, and yet the solve the problems and weed out the problems, but the police in this country are absolutely amazing people. look,ust want to say, there can be a win-win here. i have formed a collaborative between police and community leaders because people have to respect law enforcement. a family doesn't want dad or mom going home in a box. for community leaders, many think the system not only works -- not only don't work fo them, t works against them. i created a b collaborative in ohio made up of law enfcement, communitleaders, the head of my public safety, and a former democrat liberal state senator nina turner run it. they got together and made the commendations on recruiting, on hiring, on use of deadly force.

and what we are about to do is to bring community and police together so we can have a win-win. we need more win-wins an american we don't have to pick one over another or divide. we love the police, but we have to be responsible to the people in the communities. amy: that is ohio governor john kasich. before that, donald trump list of our guest is vince warren executive director of the center , for constitutional rights. your response first to donald trump? that, big problem here is of course you can sue when the police beat you, when they kill you. you can and you should sue. so i think any discussion about having lawsuits as a way of misrepresenting the police department or disrespecting law enforcement is nuts, because the only way you get in that situation as if law enforcement is done something wrong to begin with. i also think there's a narrative that is developing that is really problematic. the poor police

department can do their jobs anymore because their semi-angry people around. amy: didn't he had of the fbi further that, undermining president obama? >> completely. it was problematic. not true.ppens to be juan forstmann, even with all of the protest and the pushback that is happening and the rifle pushback from communities, law enforcement is going on the offensive. very far from being sort of helpless players and dynamic, what is happening is law enforcement is going on the offense of. as you mentioned earlier the report, not only do victims of police brutality sue, but now police officers are suing the victims of their brutality saying it was their fault that the police had to do with additive. victim in the case in chicago. >> the kid was shot, the family filed a lawsuit against a police officer roughly for $50,000. the police officer says, well, if your kid had been acting right, i wouldn't have had to shoot him. amy: that is why the dad called

the police, his son was mentally unbalanced at that point and called for help. discussion is really missing the point. the real point is law enforcement is in a position and we are in the vision of citizens to get law-enforcement to respect communities. law-enforcement is the only job where you can't beat somebody, the them up, kill them while you're on the job and you don't get fired, you get does judy. what other job do you get does duty for killing somebody? kasich, what her said? >> that discussion is a good one. that is something we're doing here. in our stop and frisk case will be one that case and found stop and frisk unconstitutional in 2014, we're in the process -- a remedial process working with committed to groups, the police brass to create essentially a police department that is accountable to the community. that is an important piece but we have to remember these are not two polar opposites of the whole reason we are in the

position is because we sued them and the community rose up with the police were doing to begin with. i want you toren, stay with us for our last segment as we turn right now to the super bowl. more than 100 million people tuned in to watch super bowl 50 last night. in addition to sing the denver broncos but the carolina panthers, viewers also witnessed one of the most political halftime shows in the super bowl history as a legendary singer beyonce hatred be to the black panthers in -- and the black lives matter movement. [formation] amy: backstage, beyonce class dancers post with their fists in the air, recalling the black

power salute from the 1968 olympics. five of the dancers pay tribute to mario was, an african man killed by san francisco police. they posted a photo on instagram holding a sign reading, "justice for mario woods." homeless advocates staged a protest over san francisco's efforts to sweep the homeless from the streets ahead of the super bowl. many were supplanted to make way for super bowl city, a gated exhibition area for nfl sponsors and fans to participate in game associated festivities. dave zirin joins us from washington, d.c.. his latest article is called "the streets of san francisco: 'super bowl city' meets tent city." thank you so much. your response to all that happened last night? >> there is on the field and off the field. on the field, yet the denver broncos exhibit one of the great defensive performances in super

bowl history. off the field, what you had was really an unprecedented sweep of the homeless before the super bowl contest. every super bowl in the host city has a narrative that exist outside the game. in new orleans, was, how will the city recover after hurricane katrina? in new york, a was the sweep and arrest and russman of sex workers before the big game that took place in the meadowlands. in san francisco, the fact you have this city of only 800,000 people that has a homeless population of 10,000, 61% of the homeless in san francisco were working at the time they lost their homes. and one third of these 10,000 people are children. and yet the response from san francisco mayor edley was coming better get off the street. you better get gone the guess we're about to have a party for the 1%, we're abouto have a woodstocfor theealthy and celebratthe supebowl and celebratour conscuous nsumptio there's no gater symbo of th year sur bowl t me than the fact you can gto the game

and by delicious hotdog with real gold flakes sprinkled on top so you could eat gold with your hotdog while people are literally hungry outside the most unequal and by symmetrix, the wealthiest city now in the united states. amy: can you talk about what happened inside at halftime, dave zirin? can you talk about not only what beyonce did with her song, the homage to black panthers, but the function released the day before on saturday about police brutality and hurricane katrina? >> first of all, this is super bowl 50, it was in the bay area, also the 50th anniversary of the founding of the black panther party. and that is what beyonce and her background dancers were paying tribute to. the song "formation" of people should watch the video, there are more into liberal images and the five minutes of this video but any hollywood film i've seen in memory. i want to encourage people to go to the blog and read a breakdown

of the video by the author because honestly, for me, as a white guy who is from the north, i was only getting like 5% of what beyonce was trying to say. this is a video rooted in southern black experience, and it is not only about the black lives matter movement, it is about hundreds of years of black women resisting state violence with a centered approach that is about mothers protecting their children and also about clear black women stepping up to be able to say, we are here, we matter, too. it is radically audacious in terms of its visuals, in terms of its lyrics, and i am frankly stunned that this country that could serve sausages with gold flakes while people starve in the streets, can also be a country that could produce an artist as audaciously brilliant as beyonce and generate that kind of mass following and have her perform this song in an x

formation at halftime of the super bowl. amy: vince warren, i want to get your response as well? the video release on saturday, not to be confused with the super bowl performance. >> with a video released on saturday, it was about lack love, black empowerment, about folk. queerer for anyone working in the movement right now, being queer being black and being authentically yourself and be a leader is what it is all about. it was fabulous. it was wonderful to watch with the images of new leans, with the police lines, the second lines. amy: the kids dancing in front of the police line in riot gear. >> the going back 100 years and beyonce embracing her heritage and making that, is it is for millions of black people, a part of what is happening today. on the super bowl thing, i mean, i tweeted, bruno mars and beyonce killed it.

it was externally wonderful show musically. i was very moved by the black power tribute and by the berets and every thing happening. it did not feel like was being fantasized. it felt me like he was being owned and presented 50 years layer -- later. amy: last comment, dave zirin, as we wrap up? >> only that the struggle goes on for the people in san francisco. san francisco pd, they put down about 77 citations a day to the homeless people that in seventh-inning warehouse. amy: i want to end on the issue of concussion. will smith does a movie based on that, doesn't get nominated for an oscar. concussions in the super bowl? >> just that. we definitely saw some less son, one player could not come back into the game because of concussion protocol. it doesn't get discussed nearly enough. the moral cutlass of the inability head injuries is

beneath contempt and a fight that is going to have to be continued to be waged by both the union, players, and journalists. amy: we have to leave it there. dave zirin, thank you as well as to vince warren. [captioning made possible by democracy now!]

>> it is 75 flights, 1764 steps.