mr. president, throw a cap over that wall. well, this is the first weekend that my book, jack kennedy, is in the bookstores. and when you read it, you'll understand how great it was to have an historic ehero in the white house. that's "hardball" for now. politics nation with al sharpton starts right now. hey, republicans, we know you can't lead. your extreme base won't let you follow. so will you please just get out of the way? >> do the math. 80,000 new jobs pushes the unemployment rate slightly down to 9%. >> there's no excuse for inaction. >> just think how many jobs could come if republicans stop playing games like this. >> please join us and bring these measures to the floor for an up or down vote. >> like the three jobs bills you've already filibustered

congressman cantor-won't. tonight labor secretary hilda soles on the republicans flunking the jobs test. >> i am the koch brothers brother from another mother. and proud of it. >> herman cain rolls all in with the billionaire koch brothers. but can even they save his campaign? michaelis a cough on the investigation, jonathan kapot on the politics. >> in my mind, i haven't done anything wrong. >> a texas judge caught on camera viciously beating his daughter. but he's still on the bench. tonight, i'm asking why? mole po politics nation starts right now.

welcome to politics nation. tonight's lead. the economy's making progress, but can you imagine where it would be without republican road blocks? today we learned the unemployment rate dropped to a six month low of 9%. 80,000 jobs were created. there's still a long way to go. but it is progress. this graphic shows private sector job growth. the blue lines represent president obama's time in office. as you can clearly see, the economy stopped shedding jobs and started adding them when he took office. now we've had private sector job growth for 20 straight months. and what makes this remarkable is how unprecedented the road blocks have been. house republicans refuse to even put the president's jobs bill up

for a vote. apparently 1.9 million jobs don't deserve the time of day. but republican bills to kill the epa and drop regulations, well, eric cantor demands action now. >> so please, harry reid, just allow these votes, he's bills an up or down vote in the senate so the people can see that washington is actually working for their interests and to create jobs. >> an up or down vote some can you imagine what this man is talking about? he wants a simple majority vote on republican house bills? republicans in the is that the wouldn't even allow a debate, never mind a vote on the american jobs act. or on jobs for teachers and firefighters. or on jobs to rebuild our roads and bridges. if you think that's appalling, just listen to what speaker boehner said. now, he really takes the cake.

>> i think it's unacceptable for the white house to be anything less than 100% engaged in the legislative process. >> you call this white house not engaged? >> we've got to invest in new roads and bridges and airports and wireless infrastructure and a smart grid. steps to help responsible homeowners refinance and take advantage of low mortgage rates. we should be doing everything we can to put a college education within reach for every american. it's time to put country ahead of party. it's time to put the next generation ahead of the next election. >> joining me now is hilda secretary soli, thanks for

coming on. republicans claim president obama is not engaged. are they serious? >> well, i'll tell you that we are engaged and today's jobs report shows we're so a steady pattern of growth. we've already added a million jobs this year and the good news for some of our communities and you and i know this is that the african-american population in terms of unemployment has actually gone down. so we're actually finding that folks are getting jobs. we need to do better, but the good news is that for the first time in a long time, we're seeing people are actually looking for jobs an finding jobs across the board with the exception of the public sector and also teaching. and those were two bills in the jobs packet that the president put forward and the republicans voted him down in the senate. this would have helped to revive and put those people back into jobs that they sorely need around our country.

>> i know a lot of people like the political gossip, but i don't think anything is more important than jobs. and i think we have a long way to go. i'm certainly not satisfied, i don't think you are either, but i think that we are headed in the right direction and can you imagine where we would be if we didn't have all these road blocks. and i think that's what we've got to really talk about. the fact is that this week the senate democrats i believe later this coming week, they expect to unveil another jobs bill. however, this is interesting, this one will not include a surtax on millionaires. so we'll see where the republicans go this time. this is about veterans. this is the vow to hire heros ability of 2011. tax credit for companies that hire work for veterans. no surtax on millionaires. so if they vote this down, then i give up. it's like they don't care what

this president tries to do, it's no, no, no, even on veterans. >> well, reverend, we're coming up close to veterans day. and we're going to be unveiling some really good proposals to help veterans out. and one of them obviously is making sure that those veterans that come home, many that will be here by around the time christmas comes, are going to be looking for jobs. and many of them as we know right now have the highest rate of unemployment. especially the young ones because many of them signed up right after high school and they don't have any work experience. so we have to open up jobs. one way to do it is by giving tax credits to businesses, to it hire them up around $4300. and then it if they're a disabled veteran, that credit goes up to about $9600. so it's a win/win for them, it's a win/win for businesses. and it's a win/win to show our patriotism to these soldiers. >> so the public will understand, when i showed mr. cantor saying he wanted an up and down vote in the senate on the house republican bills, let

me show people what those bills mean. because he's saying these are job creation bills. the senate ought to vote up and down even though they wouldn't give up and down vote on the vote yesterday on infrastructure, on a vote on jobs for the fireman and police and teachers. he want this is on these house gop bills. and let me show you what they will do, those bills will delay epa rules on harmful emissions, delay current and pending federal regulations, require congressional approval for new regulations. it's not a jobs bill, it's a deregulation and a dismantle epa bill. >> well, it would also impact in many ways some of the things that we do at the department of labor, which is to provide safety and protection for workers. and that to me is actually a job creator because if you have people who can go to work, show up and not get hurt, they don't end up in the trauma center or faced with fatalities and

injury, that's the last thing we need right now in this bad economy. we should be protecting our workers and regulations that help provide a level playing field for businesses. that's what this is about. >> and see what i just read, this was all in the senate bill as the alternative to the jobs bill that they voted down yesterday. but comes out of the jobs bill things that mr. cantor wants a vote on up or down. now, one of the things that really concerns me, we're now in november. if there is no vote, secretary solis, we're looking at people that will run out of their unemployment checks during the holidays this year. is that right? >> right. yes. >> how many people would be affected by this? >> we're talking about 1.2 million people that will lose their benefits come christmas. and next year, if we do not do anything, 6 million people. and don't just look at the person who draws down the check. it's also their families. but in addition, that money gets spent right away and it is a

stim u stimula stimulater. so that will have a devastating effect across america. >> so 1.2 million people may lose their unemployment checks by christmas, which impacts of course their families, the businesses that they shop, and 6 million next year if we can't get some of these bills passed. >> and we will have a stubbornly high unemployment rate that will go up because of that factor. so we need to do something now. we did it last year around this time in december. and look what happened. we saw job growth the beginning of this year. >> well, we're going keep the pressure on. people are out there already advertising christmas sales. what about having your unemployment checks that people have invested in? we're not talk about handouts here. >> they have earned that. >> we're talking about people getting what they earned and they're playing part is an popa

politics. >> and people lost their jobs through no fault of their own and now we're even seeing traces of people over tage of 50 who ae being discriminated against by employers who don't want to bother to look at their application applications. that's just wrong. >> these are not people who are lazy. they were working. they were laid off. we'll stay after them, secretary hilda solis. thanks for coming on the show. have a great weekend. >> thank you, reverend. ahead, herman cain tries to escape the scandal by heading in to friendly territory. a koch brothers summit in d.c. he got a hero's welcome. >> i am the koch brothers brother from another mother. yes. i'm hatheir brother from anothe mother. >> plus willard shows today that

eases 100% on board when it comes to protecting the 1%. and a texas judge may keep his job despite this horrific videotaped beating of his daughter. is this justice? we'll talk about it. we'll be right back.

willard mitt romney says corporations are people. so no wonder his economic plan is all about tax cuts for the rich. that's next.

we're back to talk about republican economics. as i like to say, it's where corporations are people. and real people don't matter. unless they're rich. today mitt romney rolled out his plan. and more than his economic plan. he's serving red plaet to the tea party and calling for cuts to, well, just about everything. >> the national endowment for the arts, the national endowment for the humanity, the corporation for public broadcasts, amtrak, the easiest cut of all, i will repeal obama care. groups like planned parenthood. >> that's right. romney wants you to believe planned parenthood is bringing down the economy. he's also taking a step toward paul ryan's plan to destroy medicare as we know it, by proposing a private insurance option for medicare. but wait.

there's more. willard also wants to extend the bush tax cuts for the wealthy, slash taxes on corporations, and eliminate estate tax. almost all of which are paid by the very rich. but don't worry, willard is doing all of this to help the people. >> someone said why don't you just raise taxes on corporations. i said don't you understand, corporations are people? >> joining me now is richard wolffe, msnbc political analyst and knee a made lee came henderson political report forethe "washington post." thank you both for being here.l henderson political report forethe "washington post." thank you both for being here. >> thank you. >> richard, to me it looks like willard is joining the tea party cut, cut, cut crowd. what do you make of it? >> clearly what he was talking about is trying to fool them when he's one of them when they really don't believe that's the case. but more kind of worrying that his pitch to the tea party for

me is this notion that he's serious about deficits, serious about the economy. and the list of cuts he came up with would not pass the laugh test among the nation's rating agencies who themselves are a bit of a joke. but really you want to have a hearing where these kinds of ideas, cutting the arts funding, cutting public broadcasting, and you want experts to tell you just how serious an impact that will be on the deficit this country faces because it's minimal. it really doesn't go anywhere. it is jul pust pure politics. the medicare he gets in to, interestingly enough he thinks taking down the president's health care reform will save money. actually the health care bill itself saves hundreds of billions of dollars in things like medicare costs. so gone if he really understands what he's trying to repeal. >> it amazes me, nia, because a side from the fact that i disagree with the cuts, it really doesn't address the deficit at all as richard is

saying. i was at a restaurant one night and a lady ate a whole pie and had coffee with sweet and low. she was only playing with herself, it really wasn't a diet. but when you look at not only would not any of those that are involved in the economy see it seriously, how is he going to sell it to the voters? look at this anti-romney ad in a pro obama pack that they're running and tell me how voters will look at what he's responding and how they will respond. >> upper income, wall street, romney. >> let it hit the bottom. let them go bankrupt. bankrupt. >> when you were governor, massachusetts ranked 47th in job growth. >> how do you run on let's cut npr, let's cut planned parenthood and you have footage of them saying let it all go,

foreclose on the house, we'll take it later. how do you appeal to voters with this kind of damaging economic theories and economic policies really that he's expressing? >> i think it's going to be difficult. and the clips you just showed, whether it's same saying corporations are people or talking about letting the profit of foe foreclosures take its kourks we'll hear it in ads over and over again. i think mitt romney was play to go a really small crowd and a crowd that didn't really like him if you saw his reception versus the reception that herman cain got. very different. i think one of the thing that's so problematic about his speech today is that he is tinkering around the edges talking about cutting the funding for big bird and npr and programs like that. but not even talking about defense. the defense budget is something like $600 billion a year and no mention of that at all. and one of the realities is even among some republicans, there is talk about wanting to trim the

defense budget, we're rolling back obviously coming out of iraq before the year is up. so there will be some savings there. but it is a real unrealistic and not holistic approach to looking he budget in any way. >> but richard, one thing that is realistic to them that is solid, if their proposals got through both mr. romney's and mr. cain, look how the rich would save. millionaires according to cape oig's plan would average saving $455,000. perry's plan, $510,000. so even though they're playing to the tea party, they're really servicing millionaires and separate rich. >> if that's their ideology, its eye fine. i just think voters -- you look at the polls and obviously raising taxes on the millionairmillionaire s and billion nars is overwhelmingly popular. but it really is a surrender to market forces.

they're saying we have no idea, we'll just repeat what happened in the 2000s and that created all of 1 million jobs through the local of the bush term. two terms. so it's fine for the ideology, but don't pretend like that's a way to get jobs or to deal with what the american voter wants right now. >> nia, how does this whole flat tax political policy that is now become orthodoxy in the republican party, that i remember when forbes came out with it, it was fringe. now it's become their main stay of all of their mainstream candidates at least in the republican side. can they run against president obama with this? >> it's hard to say. like you said, this has moved from the fringe to the center. you see rick perry walking around with that index card and there's something that dick armey would did, as well, when he was in the congress and of course he's the grand dade of

the tea party crowd in many ways. but i think the reality of the flat tax, and this is why it's so surprising that rick perry and herman cain are doing so well, because it raises taxes for middle americans, it so it' still this rally around the flat tax.t so it's surprising to me that there is still this rally around the flat tax. so it's surprising to me that there is still this rally around the flat tax.so it's surprising to me that there is still this rally around the flat tax. i don't know if people are paying attention, but it would certainly mean a tax hike for people who spend money on the grocery store and on consumer goods. it would certainly mean that they have a bigger tax burden. one of the things is that people want to simplify tax code and that's why you see folks on the hill talking about simplifying the tax coded now. but this idea that you can just have a flat tax, not only is it unrealistic in terms of what it would do for revenue, but it's unrealistic to push for given that it's very unlikely that it would pass any congress if any of these guys got into the white

house. >> richard, nia, thanks to both of you and have a great weekend. let me say this. we as a nation need to deal clearly and squarely with jobs, with unemployment, with the whole question of inequality in terms of income in this country. the republicans, the right wing, need to stop playing with the american people. we are not your toys. stop playing and get serious about providing jobs. all of this political bri brinksmanship needs to stop. we're heading in to the holiday season. people are about to lose their unemployment insurance. people are unemployed. people are getting ready to go through the cold of winter not knowing where their future is. this is not about you up in one side or the other.

this is about who really cares about the american people. stop the game playing. ahead, another bombshell drops for the cain campaign. this one is all about the money. and the shocking video everyone's talking about. a texas judge caught on tape beating his daughter. is it a private matter? should he be charged? stay with us. [ male announcer ] juice drink too watery? ♪

feel the power my young friend. mmm! [ male announcer ] for unsurpassed fruit and veggie nutrition... v8 v-fusion. could've had a v8. and here's what we did today: supported nearly 3 million steady jobs across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy... we're at work providing power to almost a quarter of our homes and businesses... ... and giving us cleaner rides to work and school... and tomorrow, we could do even more. cleaner, domestic, abundant and creating jobs now. we're america's natural gas. the smarter power, today. learn more at anga.us. is it a private matter? my mother froze everything. i was 18 years old before i had my first fresh bun. the invention that i came up with is the hot dog ez bun steamer. steam is the key to a great hot dog. i knew it was going to be a success. the invention was so simple that i knew i needed to protect it. my name is chris schutte and i got my patent, trademark and llc on legalzoom.

[ shapiro ] we created legalzoom to help people start their business and launch their dreams. go to legalzoom today and make your business dream a reality. at legalzoom.com we put the law on your side. with thermacare heatwraps. thermacare works differently. it's the only wrap with patented heat cells that penetrate deep to relax, soothe, and unlock tight muscles. for up to 16 hours of relief, try thermacare. real, objective investing help? that's a little harder to find. but here's what i know -- td ameritrade doesn't manage mutual funds... or underwrite stocks and bonds. or even publish their own research. so, guidance from td ameritrade isn't about their priorities. it's about mine. straightforward guidance. that's what makes td ameritrade different. ♪ [ male announcer ] trade commission-free for 60 days. plus get up to $600 when you open an account.

more herman cain news is breaking today. he made a big public appearance that we'll show you. one new piece of information really got my attention today. we learned the settlement agreement between the national restaurant association and a woman who accused cain of sexual harassment was reached in september of 1999. september of 1999 is also known as 9-99 for the month and the year. umm. >> and then we pass 9-9-9.9-9-9. 9-9-9. we put in 9-9-9. >> odd coincidence. i bet that's one 9-9-9 cain

wishes weeds forget about. more on cain's public embrace of the koch brothers next. style ma. sure it's easy to make, but it looks like she's been busting her hump in the kitchen. [ doorbell rings ] ♪ let the fireworks begin. hi, it's so nice to see you. something smells good. [ male announcer ] kraft homestyle macaroni & cheese. cheesy noodles topped with golden-brown, breadcrumbs. you know you love it.

anenoe the day starts with arthritis pain... a load of new listings... and two pills. after a morning of walk-ups, it's back to more pain, back to more pills. the evening showings bring more pain and more pills. sealing the deal... when, hang on... her doctor recommended aleve. it can relieve pain all day with fewer pills than tylenol. this is lois... who chose two aleve and fewer pills for a day free of pain. [ female announcer ] get money saving coupons at aleve.com.

dr. scholl's custom fit orthotic center recommends the custom-fit orthotic that's best for your tired feet. foot-care scientists are behind it. you'll get all-day relief. for your tired achy feet. for locations, see drscholls.com. thank you...

welcome back to politics nation. herman cain ois determined to move on and forget about the sexual harassment scandal. today he made a very public appearance at the american dream summit hosted by the americans for prosperity. the organization funded by billionaires charles and david koch. check out the response he got. >> he's a successful business leader and he hails from the great state of georgia. please welcome herman cain. [ cheers and applause ] >> thank you very much. delighted to be here. love y'all. >> he received a standing

ovation from the tea party crowd. then came this. >> i'm proud to know the koch brothers. i'm very proud to know the koch brothers. this may be a breaking news announcement for the media. i am the koch brothers brother from another mother. yes. i'm their mother from another mother. and proud of it. >> that line really says it all. and the links between the kochs and the campaign are stunning. the smoking campaign manager we all know about now was once a chapter president for americans for prosperity in wisconsin. working directly with the kochs. and the architect of cain's 9-9-9 plan is on the board of advisers of americans for prosperity. but just hours before saying

this -- >> i am the koch brothers brother from another mother -- >> comes this exclusive report saying cain may have broken campaign finance laws illegally using nonprofit money tied to the koch brothers organization for things like ipads and charter flights. joining me now is michael isakov, correspondent for nbc news. he broke the sorry today. and jonathan, editor writer for the "washington post" and nbc news contributor. thank you both for being here. we'll get to the investigation in a minute, but first, joel bennett, the attorney for one of herman cain's accusers, came out late this afternoon. take a look at what he had to say. >> my client stands by the complaint she made. she has decided not to relive the specifics of the incident, so i can not give any further

detail. >> mr. cain knows the specific incidents that were alleged. my client filed a written complaint in 1999 against him specifically and it had very specific incidents in it. and if he chooses to not remember or not acknowledge those, that's his issue. >> jonathan, does the scandal in here after that statement? >> no. absolutely not 37enin here afte? >> no. absolutely not 37din here after? >> no. absolutely not 37 here after th? >> no. absolutely not 37 it goes on because now we know that one of the two people reported on in politico, there's not just one incident that led her to complain. but several. and the secretary thiond thing u didn't play the part of his press conference when he said that if the media wants to print her name, they can do that if they want to. i think once they do that and once we start seeing pictures of

who she is and maybe who some of the other women are, it's going -- i think it will create a firestorm and one that herman cain will not be able to talk his way out of. or at least try to. >> now, the cain people, some supporters of cain, have put out a new ad which plays up this whole lynching idea, an angle comparison to clarence thomas and features me. look at this. >> i think he needs to get off the symbolic crack pipe. >> so i would only assume that he is either socially ignorant or playing games to get votes. >> and it's very hard to comment on somebody who is so denied intelligence. >> this is a circus. a national disgrace. takes high tech lynching for up pity blacks who in any way deign to think for themselves. and it is a message that unless

you kowtow to an old order, you will be lynched, destroyed, rather than hung from a tree. >> don't let the left do it again and all of us are part of a high tech lynching of an up pity black. who is the brother of the koch brothers who among other things are helping to finance the voter i.d. fights and some very questionable in my opinion anti-civil rights movements around the country. jonathan, how can mr. cain have it both ways? >> well, among republican primary voters, clearly he can have it both ways because the scandal so far according to our poll today hasn't affected him at all. it hasn't affected his fund-raising. in fact it's helped his fund-raising. he's helped more than $1.5

million if that figure hasn't gone up since the last time i checked. this hasn't affected him. now, let's say in the unlikely event that he becomes the republican nominee for president, all the things we're talking about now will not play extremely well at all in a general election particularly with those independent voters who actually end up deciding presidential elections. >> now, michael, let me ask you, you came with a report today, the koch brothers and the politics they represent is extremely right wing and has been questioned clearly by many of us. but there is direct connection here not only on the financial angle, but that some of these people that are involved in the campaign of mr. cain has actually worked with them and there's direct links between the koch brothers and the cain campaign managers and senior advisers. >> well, mark block who is the cain campaign manager was as i

think you pointed out in the introduction the executive director for americans for prosperity in wisconsin. it's the koch brothers founded and funded organization that has helped spur the emergence of the tea party other conservative causes it's promoted. but what specifically got -- led to the complaint today that was filed with the federal election commission is some documents that were obtained by the milwaukee journal sentinel that show that a nonprofit group that was founded by mark block and headed by them -- him had expended funds about $40,000 for the payment of ipads and campaign travel by herman cain. the problem is that nonprofit groups are barred by law from participating in -- from funding presidential campaigns. you can't do that.

and if you look at the documents, there are multiple references to americans for prosperity and the coke brothers themselves in the documents indicating that at least appear to suggest that americans for prosperity money may have gone to the nonprofit that then helped pay for the initial expenses of the cain presidential campaign. >> what would be the political motive of the koch brothers? are they supporting cain for president, are they using his campaign to push their ideology? what do you think would be their motive? >> well, clearly, look, clearly mark block was their guy in wisconsin. there was no secret about that. and herman cain oig as we've se today has that closer relationship with the koch brothers than we knew before, although it's not something he's hid. he's talked about it in the past. so there is an affinity of interest there among the three of them.

i don't think on its face that's necessarily nefarious, but when the money flow, when the funding trail goes through nonprofits to a political campaign, that's something that is barred by law that is ver bow deny, that does spur investigations and that's what led to the complaint today. >> michael and jonathan, thanks for joining me. ahead, the viral video that shocked the nation. the judge seen beating his daughter turns out he may keep his job. is this justice? and a verdict in the jackson trial could come at any moment. my take on the fight for justice.

♪ [ female announcer ] find yourself sometimes cleaning up after your dishcloth? bounty extra soft can help. it's super durable, and in this lab test bounty extra soft

leaves this surface three times cleaner than a dishcloth. even with just one sheet. super clean. super soft. bounty extra soft. in the pink pack. and try bounty napkins. [ stu ] yeah. it's electric. i don't think so. it's got a gas tank right here. electric tank, right over here. an electric tank? really, stu? is that what you pour the electricity in? it's actually both, guys. i can plug in and go 35 miles gas free, or i can fill up and go a whole lot farther. is that my burger? oh. i just got bun. i didn't even bite any burger. ♪

that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. executor of efficiency. you can spot an amateur from a mile away... while going shoeless and metal-free in seconds. and you...rent from national. because only national lets you choose any car in the aisle...and go. you can even take a full-size or above, and still pay the mid-size price. now this...will work. [ male announcer ] just like you, business pro. just like you. go national. go like a pro. just like you. what are these guys doing? [ horn honks ]

could you please not honk while this guy's telling me about his chevy volt? is that that new... is that the electric car? yeah. but it takes gas too. ask him how much he spends on gas. how much does he spend on gas? how much do you spend on gas? how much do i spend on gas? if i charge regularly, i fill up like once a month. he only has to fill up about once a month. [ woman ] wow. that's amazing. we're back with a story that a lot of people are talking about. text texas county judge william adams may keep his job despite a shocking video showing him beating his 16-year-old daughter who suffers from cerebral palsy. that video has been viewed more than 4 million times since she posted it on youtube. judge adams has presided over child abuse cases for it the

last ten years. but this disturbing video from 2004 is raising questions about whether he's fit to serve.ten y. but this disturbing video from 2004 is raising questions about whether he's fit to serve. >> bend over the bed. bend over the bed. >> stop, stop, stop! >> bend over the bed or i'll keep beating your legs. as to. >> stop! >> bend over the [ bleep ] bed! [ crying ]

>>ed a damps hits his daughter 17 times during the 7 1/2 minute video yelling in-staultss tlou it's appalling but the district attorney will not pursue charges because the statue of limitations has k3 fired. but we learn dad that a federal prosecutor is now look manage to the beating. and while the judge is on paid leave today, his future on the bench is still up in the air. with behavior like this, is he really fit to pass judgment on others especially in child abuse cases? >> joining me now on the phone . . thank you for your time this evening. >> thank you for having me.than evening. >> thank you for having me. >> you can explain a bit more about why you're not pursuing criminal charges? >> state criminal charges are not being pursued because we can't. because of the time frame when this happened, as depicted on the video, confirming that all of this happened back in 2004 and determining for sure what the age of the child was at that time, determining what potential

charges may be appropriate for the incident that's shown on the video, none of the charges that we looked at and thought that in any realm could be possible were still viable because of the statute of limitations. >> even that would cover the statute of limitations ten years for disabled child because she had cerebral palsy? >> actually, the statute of limitations for injury to a disabled individual is five years. >> so that wouldn't even cover it. >> no. >> so would all possible scenarioses that you looked at, you found that this was no way he could be prosecuted because of the statute of limitations. >> we looked at injury to a child, which under the statutes in texas would not apply to her because she was over the age of 15. because of the statute of limitations additionally for that offense because of the statute of limitations for the

injuries that were inflicted, even if she qualified as a disabled individual, statute of limitations was not available for that. looked at family violence. looked at misdemeanor assault. all of the offenses were clearly not viable because of the statute of limitations unfortunately. >> i mean, when you look at this tape and you look at the fact that he sits on cases of child abuse, is this frustrating to you that there's nothing you ca dozens of people that i've talked to yesterday and today that, you know, there's nothing that i have available to bring this to court for whatever resolution that there might be. >> district attorney flanagan, thank you for your time tonight. >> you're welcome. >> now i'm joined by legal expert wendy murphy, former child abuse and sex crimes

prosecutor. wendy, do you think justice has been served here? >> not even close. you know, the question is is he fit to sit on a bench. that i think goes without saying. i don't think he's fit to walk around free in civilized society. and due respect to the district attorney, you know, what i didn't hear him say was we spoke with the victim and asked her about incidents that occurred beforehand and after the fact, which should have happened because she did reveal in subsequent interviews that this was a pervasive problem in her home. and had he spoken to her, he might have learned that there was abuse at a time when she was under the age of 15, which would still be prosecutable under the statute of limitations. and also there may well have been subsequent events that fall under the shorter limitation period. so i think he's not being entirely honest with the public and he should be held to account. i hope folks ask him those tough questions. i will say that i'm glad the feds are looking at this even

though i'm not sure they have a very strong case, but interestingly enough, the u.s. attorney's office could pursue charges here for what's called color of law crimes. if a person in this case a judge who is a government actor acting under color of law commits an offense that violates an individual's constitutional rights, certainly she could make a very strong argument that her -- all sorts of rights protected by the constitution were violated by that beat williing, then he could be subject to federal prosecution. so i think we're talking about a political decision to protect will judge from prosecution. >> so the question then -- i wish you'd come up first because i certainly would have loved to ask those tough questions you just gave us. but let me ask you a question. how do we get him off the bench? the feds may move and in my opinion they should. in my opinion the district attorney should have to deal with the questions you raised. but how do we get this man off

the bench, how can he sit there and judge child abuse cases when the whole world see what is he's done to his own child? >> i hope that two things happen. number one, he is never reelected. they are elected judges in texas. so he certainly doesn't deserve to be reelected. s s he does have some time left on the bench. but if i were in that area, i would launch a protest. forget wall street. occupy that courthouse and stand outside that courthouse and shame him until he steps down if that's what it takes. it's not easy to get rid of a judge. >> so the only way to get rid of a judge in texas is by forcing his resignation, there's no board to go to, no review process? >> well, i think the legislature might be annual to take some action against him, you know, impeach him, if you will. but why wait until? this man is dangerous. dangerous to children, dangerous to women. he was reportedly also abusive to his wife. he's making judgments in these kinds of cases. he should not be sitting in

judgment of any tomb beihuman b. i'm saying that we could weigai for the re-election process, but why? why not shame him in to stepping down. >> you don't have to convince me about protesting and certainly this warrants one. and if i was in that courthouse and had to face him, i'd refuse to be tried by a man that clearly has a, let's say, biased view of what abuse is. wendy murphy, thanks for coming on the show tonight. still ahead, my thoughts on the first day of jury deliberations in the manslaughter trial of michael jackson's dr. conrad murray. we'll be right back.

deliberations are understand way in the maps slaughter trial of michael jackson's dr. conrad

murray. jurors could reach a verdict at any time. this morning la to yeah tweeted it's 4:30 a.m., i can't sleep wondering how the jurors will deliberate. after jackson's death, dr. murray claimed he felt like he lost his best friend, but the jackson family has a very different view of that relationship. >> first time i sdr. murray was in the hospital when i got the news that michael had passed. and i didn't know who he was, but i noticed his behavior. >> how did he act? >> he was looking around. and i said something's wrong. >> something was definitely wrong. prosecutors say dr. murray left jackson alone after giving him dangerous drugs. he then allegedly delayed calling 911 and failed to give paramedics key information about his health. >> conrad murray left prince,

paris and blanket without a father. they do not have a father because of the actions of conrad murray. >> i am not one that does not have a view. i preached at his burial, spoi at his memorial. and i considered michael jackson a genius. did he have faults? did he have flaws? michael jackson was not on trial. the question is dr. murray who was paid handsomely and who has an oath as a doctor, cannot use whatever alleged faults or flaws that i may or may not believe of his patient to cover whether he lived up to his obligation and whether he broke the law. they cannot try a man who is gone. they