constitution, voting rights are not always guaranteed in practice without robust enforcement. that's why despite the court's decision i believe we must regard this setback not as a defeat but as an historic opportunity for congress to restore and even to strengthen modern voting protections. >> specifically, holder announced that the department of justice will push the courts to require texas to obtain approval or preclearance before making any changes to voting laws. >> today i am announcing that the justice department will ask a federal court in texas to subject the state of texas to a pre-kreer pre-clearance regime similar to the one required by section 5 of the voting rights act. >> the move marks the administration's first major move to protect voting rights since the high court's 5-4 ruling on june 26th. why texas? because only two hours after the supreme court's decision was

announced, officials from the lone star state said they would begin changing voter i.d. laws and move forward with controversial redistricting that civil rights groups that called discriminatory. texas officials have not acted alone in their quest to enforce new provisions that could specifically disenfranchise poor, elderly and minority voters. mississippi, alabama and the carolinas have followed texas' lead and sought to enforce stricter voting laws. in his announcement today attorney general holder signaled this would be the first, but not the last, effort that the doj would take to ensure the voting rights of all americans are protected. according to the "new york times," the move marks a dramatically significant moment in the next phase of the voting rights act's development. if this approach works it will help update the voting rights act even without congressional action. joining me today, managing editor of the grio.com and an msnbc contributor, joy reid. president of the brennan center for justice at new york

university, michael waldman. joining us from capitol hill, the democratic congresswoman from texas' 18th district, sheila jackson lee. congresswoman lee, i would like to go to you first. this is happening and has been happening in your backyard. what do you make of attorney general holder's announcement this morning? >> thank you for having me. i've been on the judiciary for a number of years since elected an participated in the reauthorization of the voting rights act and because of the acts of the state that i am in and the tragedy of it is that this is the state of linden byn johnson and barbara jordan who added language minorities. frankly i think general holder has delineated the responsibilities of the three branchts of government -- the courts, the legislature and the executives and he has not

abdicated his duty to protect the american people. on the day of the decision, texas did not wait to digest the decision or to mitigate which-determined to violate the voting rights act. that's the texas voter i.d. law. they implemented it right away. immediately they threw out the case where seven african-american elected trustees immediately lost their case, a winning case of preclearance, that the justice department had under review and the court came in that day in the state of texas and immediately dismissed it based on the supreme court's decision. so the general is right. there is -- federal law says that one of the functions of the courts or voting right, there is a vital function. one of the vital functions is protect the rights of

african-american voters. i would make the argument the voting rights act gives every voter in america the right to vote without obstruction, without variance and being protected of a calm place to vote. >> mike, given all the work the brennan center has done on the subject of voting rights, how momentous is this choice by the attorney general to go forward? i want to read a little bit of analysis from the "new york times" from a new york university professor. he says if this strategy works it will become a way of partially updating the voting rights act through the courts. the justice department is now trying to get the courts to step into the role that the justice department played before the shelby county decision. the voting rights act has always permitted this in some circumstances but this strategy wasn't used much. what do you think of the strategy? >> i think it is very important. it is exactly the right thing for the justice department to do all it can to enforce the law and the attorney general in effect is just doing his job and deserves credit for doing it.

under the law, places that have discrimination can be, as they say, bailed in. the justice department can go to the courts and say you can put them in a preclearance system -- >> preclearance regime. >> what that means, these are places that have a record of discrimination and just as before, they would have to go get it cleared in advance. in texas, a federal court has already found deliberate discrimination in the redistricting in texas and also all these many other people separately who would be hurt by the voter i.d. law potentially. it is very important but even this, while updating in a sense the voting rights and the, really is not enough. congress still has to step forward and do this updating nationwide or in some new way. the court has thrown it to congress, has said -- i don't think they should have struck down section 4, but they did. now it is up to congress to fix it.

it won't be -- we can't just rely on the justice department or the courts. >> congresswoman lee, i would turn to you on that question of whether congress will act. representative sensenbrenner has been -- he's a republican and has crossed party lines in terms of pushing for congress to do something about section 4 and update the voting rights act. are you confident that congress can and will do something on this? >> well, thank you. first of all, let me jut say that the comments are correct. we have a responsibility. i think what general holder has done for us is that he has placed this in a red flag category this is a crisis, this is an imagine. he's gone in under emergency conditions to protect a very precious right to vote which was guaranteed by the 13th, 14th and 15th amendment but overall guaranteed by one's citizenship in the united states but the congress has the overriding responsibility to speak on behalf of the american people and write legislation. i'm going to remain optimistic and enthusiastic about the idea

that that is a place of common ground in the congress, both the house and the senate. it was legislators who crafted the voting rights act in 1965. it was legislator whose repeatedly over the years provided a formula to have it reauthorized, legitimately so and it withstood the test of time. many of us disagree with the decision of the supreme court but as legislators we are directed and committed to fixing it. and yes, i believe there is sufficient bipartisan commitment, concern and dedication with leaders like jim clyburn, sensenbrenner, leaders like mr. goodlatte, leaders like john lewis and leader pelosi, and many on the. >> reporter: side of the aisle that are willing to work with me and others on the judiciary committee, john conyers, a ranking member, great leader on this issue. yes, i think there is a sizable base of individuals who understand that voting rights

does noted ed adhere to any spe gro group. but you are protecting all of america. that's the message i want to give. this is about an american's right to vote and we in the congress are going to go forward and work on it and fix it in a bipartisan manner. >> joy, what the congresswoman is saying is certainly i think a shot in the arm for those of you who are hoping for action on the iss issue. the fact that there are some republicans that are willing to say this is not a black problem. texas attorney general greg abbott tweeted out as soon as jnl holer made known his new strategy at department of justice, i'll fight obama's effort to control our elections and i'll fight against cheating at the ballot box. we know that there are a whole host of republicans who are in the in favor of voting rights for all. and this is coming at a time when i think it is an understatement to say that the gop has a problem with minorities on a host different

issues. >> absolutely. . political incentives for the republican party are all on the side of restricting voting rights because all of the emergent groups of voters, whether hispanic voters, young voters, women, african-americ s african-americans, minorities, are all trending to the other party. in states like ohio, all of those purple states where barack obama won, all the political incentives to them say restrict voting rights. i think what's great here is attorney general holder is doing exactly what we would hope the attorney general would do in this situation. he's saying section 4 has gone down but section 5 still holds and section 2 still holds. we're going to opt people in. all of the expansions of the voting right, they added counties in new york. there are new york counties that were subject to preclearance. all of the reauthorizations have expanded it. it originally didn't include language minorities. as sheila jackson lee

counterpoicounpointed out, barbara jordan led that. the fact is that for people who do care about this right we do have an attorney general who is doing his job and this is what we need. because i'm telling you, ohio, pennsylvania, there are a lot of states that should be opted out. >> michael, we are talking about texas here, but north carolina is set to enact some of the most strict and discriminatory voter i.d. provisions. they are trying to roll back same day voter registratioregist early voting by a fuel week. i can't believe anybody gets behind the principle of deterring people from the polls. >> there's an interesting fact which is the politics of this cuts in multiple ways. last time there really was a backlash against the effort to

cut back on the right to vote. you saw people going to vote because they were angry that someone was trying to take their right to vote away and one has to hope that people will stay angry. the north carolina law is really appalling. it is a wish list of every bad voting idea the country could come up with all in one bill tied together with a bow. and whereas section 5 would have stopped it before. it can't now. i hope the politics of this will play out in multiple ways. everybody in america should be trying to appeal to the right to vote. if we believe in the declaration of independence, the idea that we're founded on this idea we're all created equal. >> let me add to that reasoning, if i might. it should be noted that states like ohio and wisconsin push back on the voting rights, the voter i.d., excuse me, and

themselves acknowledge the fact that that might inhibit or prohibit americans from voting. in pennsylvania that is not covered. at least large portions of it. there is a lawsuit going on right now around a 95-year-old woman that was denied -- or would have been denied the right to vote because of the pennsylvania voter i.d. the more we can show the expanse of what a voter i.d. or other obstruction to voting does to all of america, the more right general holder is in using section 3 and section 2 as other tools of protecting the right to vote. the congressional black caucus is leading on this issue in the united states congress but we have -- with chairman fudge. we we are not going to reach representatives in state beyond the states that are presently covered and to emphasize something that most people don't tout. there is a bail out, even though

general holder is bringing forward a bail in. over 200 jurisdictions have bailed out. so it is not a punitive initiative. it is to protect the right to vote. general holder is on solid ground. i think he has indicated he's in an emergency. he's got a crisis. and when there is a crisis, when there is a disaster, then congress steps in to provide -- i hope -- guided, thoughtful legislation that will fix the problem and put back in place the enforcement provisions of the voting rights act which will also provide preclearance. that is a very vital tool that you're able to step in the gap before something disastrous happens to keep americans from voting. >> joy, the question of congress is an interesting one and certainly we'll be monitoring it. yesterday in iowa rand paul said nobody in congress has a stronger belief in minority rights than me. this is the man, if you will remember, who told our colleague rachel maddow in 2010 he was against sections of the civil

rights act requiring businesses to accommodate all comers. if the gop is to move forward in this be century in any meaningful way, people like rand paul start to be putting their money where his mouth is. >> he's going out to black colleges and say, hey, you know, some represents are members of the the naacp. if can you get some tea party republicans to come up with an idea to come up with a formula that john roberts will find acceptable or scalia will find acceptable, bully for them. because i am very cynical about the house of representatives. we have a speaker of the house who says they'll be judged on how much legislation they repeal rather than how much they pass. so i think the cure for these problems is an election. there is an election that can disinfect this entire process -- >> as long as people can get to the polls! >> right. as we saw in 2012, the disincentives to vote and attempt to stop people from

voting actually motivates people. young people, women, african-american, latinos, everybody targeted by this same republican ideology of keeping you in a box and from voting against them needs to understand the mid-term election of 2014 is your chance to cure this problem. if people don't avail themselves of it you'll get 2010 all over again. >> mid-term elections are traditionally low turnout and they are very susceptible to the damage wrought by gerrymandering. the number of competitive districts is vanishingly small these days and that's true for a lot of different reasons but it makes it more important for people to go to the polls and it makes it harder to -- there are plenty of members of congress who don't really have to worry about appealing to the middle -- >> 84% of the house republican caucus doesn't really need to worry about appealing to the middle. but all the more reason to get everybody turned out in these elections. representative sheila jackson lee --

>> -- hold the congress to a strict scrutiny and insist we do our job. but more importantly i hope that the eyes of america will be on congress and that will motivate people to go out to vote when they see that we can or cannot do this job. we must be the standard bearer for every american having a right to vote. >> congresswoman, we'll try and keep those eyes focused and trained where it counts. thank you for your time and thank you to the brennan center's michael waldman, as always. after the break, president obama takes his economic message back on the road but republicans keep trying to slash his tires. we will discuss the ogenda and the gop's temper tantrums next on "now."

could save you fifteen percent or more on car insurance. mmmhmmm...everybody knows that. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w... ...e...i...e...i...o. [buzzer] dangnabbit. geico. fifteen minutes could save you...well, you know. trust your instincts to make the call. to treat my low testosterone, my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer.

women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron.

the trail today and will continue his push to end the logjam in washington by rallying public support. the president will speak in jacksonville, florida this afternoon following two impassioned speeches yesterday, ones in which he vowed to fight for the middle class and to triumph over the gop's refusal to legislate. >> if you ask some of these folks, some of these folks mostly in the house, about their economic agenda, how it is that they'll strengthen the middle class, they'll shift the topic to out of control government spending. despite the fact that we've cut the deficit by nearly half as a share of the economy since i took office. this endless parade of distractions and political posturing and phony scandals, washington's taken its eye off

the ball. and i'm here to say this needs to stop. this needs to stop. >> in a stunning example of obstinance, both republicans leaders, speaker boehner and mitch mcconnell gave preemptive dismissals of the speech they had yet to hear. >> what's the point? what's it going to accomplish? nothing. it is a hollow shell, an easter egg with no candy in it. >> every time he gives one of these speeches it does nothing more than a bipartisan eye roll. it is a colossal waste in time, energy, resources actually spent with working with both parties in congress to grow the economy and create jobs. >> a colossal waste of time. like, for example, house republicans voting 38 times to repeal obama care? that kind of colossal waste of time? and on the subject of growing

the economy, the current plan from senate republicans is to demand a repeal of the nation's health care law or refuse to raise the debt ceiling, trigger a government default, and do massive harm to the country's economic recovery. with options like these, who needs to bargain? or, as jonathan chait translated for president obama, it's not my fault republicans are crazy. chait explained the bizarre power republicans have gained through government sabotage. conservatives simply refuse to negotiate with obama in conventional terms. their strategy is to secreten the series of crises, government shutdown, defaulting on the debt, in order to force the president to offer unilateral concessions. the republican plan seems to be if you don't get what you want refuse to legislate. or alternately, when your steam losing, bomb the stadium. joining the panel, former pennsylvania governor ed rendell. and bloomberg clm nis and msnbc political analyst jonathan alter. joining us from the white house

north lawn, political editor and white house correspondent of the "huffington post,"," sam stein, also an msnbc contributor. sam, you're standing on the lawn of the white house. people have said, oh, this is obama just doing what he can he because there is nothing left for him to actually do legislatively but i wonder really if this is the end of the line or the opening salvo to the fight and fall? >> i think the fight and fall was sort of the backdrop of all of this. obviously you have to continue funding the government. that's going to happen at the end of september. then a short time after that we're going to have to raise the debt ceiling unless more revenues come in so these are two trigger moments basically in which we can either have a complete collapse of governing functions or we could have some sort of break-through. and i think what the president was trying to do more than anything else yesterday was to set the stage for the next

critical month of negotiations. i do think that this white house wants a long-term budget deal, something that would turn off sequestration. they want something that will resolve the debt ceiling and they want to lay the groundwork for immigration reform by pitching it in economic terms. all of those are what the president hit yesterday but you're right, everything is now geared towards getting through in next critical four-month period and then taking it from there. >> governor, i think the white house has learned some lessons. they have some battle scars from their wars with republicans in showdowns past. >> you think? >> yeah. exactly. this seems to me like they're going to play hardball. they're going to have one message. i think the criticism that he didn't announce any new programs is semi-ridiculous given the fact that he's already put so much out there. they have a clear line of thought, a clear plan and they'll just hammer it home until it is time to actually do the deal making. >> i think that's right and i think what sam said is right but i think the president has to fight this battle on two fronts.

one, to play hardball publicly, but, two, he's got to be able to reach out to the republicans that he can reach out to. and there are some. he's got to try to make this work and he's got to tell the american people what the solution is and he's also got to tell progressives in our party that we're going to have to give something. if we're going to get a grand bargain that is going to fix the debt, really cause the economy to take off, we'll have to make concessions, too, and he has to set the table for that. that's what a leader does. >> i would ask you on that front, he has put a plan for medicare and social security out there -- >> yes, but he has done it clearly enough and he hasn't communicated it to the public. if i were advising the president, he should make a speech to the country, say look, i understand that i can't dictate this. there is a republican caucus that controls the house. there are going to be compromises. let me explain why i'm for change cpi. >> i gist he wonder, if the president came out and publicly

sort of outlined the concessions he was willing to make in an -- >> he's done it already. >> right. but if he did it in a more forceful way, would he even find anybody to meet him at the bargaining table? >> i late to disagree with this distinguished governor of pennsylvania -- but, i think it's a little bit of a loose. i think it should stale vaguer but flexible privately. >> that's what he's done in the past and that's been a flat-out disaster. >> it is like negotiating with terrorists. they are threatening. >> hostage takers. >> they are not in this the way normal negotiators are, the way they are playing the game. so obama also has to play the game differently and he started to do it today. the most important thing he said today, which i hope he repeats over and over again, is that if

we don't invest in the future of this country we are "raising the white flag of surrender." this economics are a national security issue. do republicans want to be on the side of surrender? do they want to be surrender monkeys in the global economy? the terms of the debate must change. they must understand that they will pay a price with patriotic americans who understand that shutting down the government which is what the republicans are talking about is an unpatriotic act. this is not the way for them to go and they have to feel the heat over and over again that they are acting against the best interests of the united states. that's not happening yet. >> to put it another way, when somebody's threatening to bomb the stadium, you don't go out and make a speech about how you're willing to dismantle the stadium in order to appease them. bottom line is the president has put forward all sorts of ideas. they're not listening to what he says. he should at this point run against the do-nothing congress and tell the american people look at these people.

everything they say is negative all they want to do is dismantle government. they're not working with me. put out a program why? >> they want to raise the white flafg surrender. that's the key language. >> sam, part of it is like the terms of the debate have shifted. we're talking about raising the debt ceiling and in exchange for that -- which is up until like two years ago was a fairly routine procedural event. they want the president to effectively repeal settled law of the land which is the affordable care act. that kind of negotiating is like on mars. >> you're basically asking obama to give up his legacy in order to save the country. it's ane sane way to go about negotiating. the good news from the white house's vaj tan point, yesterday senator roy blunt disagreed with the tactic by mike lee. senator john mccain. there are some sane republicans

who think this is a silly way to go about governor but i have to disagree with governor rendell as well. not only do i think it is silly to continue to offer concessions, i don't think that the big speech tactic will necessarily solve anything. do i think he is laying the framework for the battles but event tli comes down to one man and that's john boehner. it always come down to john boehner as to whether he'll bring up a piece of legislation that will go against the interests of a vocal but still minority portion of his caucus. >> i want to say one thing to that point and let you respond. paul ryan was asked about some of the more keerl heads in the senate and their attitude toward the debt ceiling showdown which was let's not make it a crisis situation. paul rain said, it doesn't matter, we're not going to do what they want to us do. he told politico. it doesn't matter what they do, it doesn't matter what john mccain and others do on taxes around the rest. if they want to give up taxes for the sequester, we're not going to do that so it doesn't really affect us.

>> if this strategy will work, we'll get let's kick the can down the road again. we're not going to get a big deal. i think if i'm the president of the united states, my responsibility is to try to soflt probl solve the problem. not just kick the can down the road because we didn't surrender. >> i would disagree about whether or not the president feels like it is incumbent on him to make a grand bargain. i think he would like to make one. think he was very -- >> he's tried to make it and he should try again because, look. the bottom line is, you guys are all talking about the politics of this. i'm talking about trying to get something done for the country. i think the vast majority of americans agree with me. >> but you can only -- >> why are we so convinced that a grand bargain at this juncture is good for country? >> thank you. >> i agree -- >> because a grand bargain -- bottom line is deficits are already falling. i don't think most americans agree cutting medicare and social security is good for the country. there is no sane reason to put

that on the table. a grand bargain in and of itself is not necessarily good for the country. what's good for the country is job growth. >> a grand bargain would include investments in the future. i'm with him that if you want to be a responsible president in terms of governing, you do have to keep that in mind as a possibility. you can't just take the liberal position -- >> that is not our problem. >> the percentage of gdp continues to go up and it will explode in the -- >> there are two questions. one is, do we need a grand bargain. if so, what should the terms be. the other is, can you strike any kind of bargain with a republican caucus that's not willing to deal? >> we did it on the fiscal cliff. we got -- >> barely. >> -- $600 billion of revenue. $600 billion of revenue. >> the bush tax cuts were expiring. they didn't have a choice. >> we lost the payroll tax. >> sam, i know you have to go off and do all kinds of

fantastic reporting. >> yes. >> i would just say -- the thing that most recently happened in terms of bargaining and dealmakering in terms precipice was on the filibuster nuclear option. in that moment harry reid played hardball, basically as hard as you can play, which is to say he sounded and seemed like he was ready to do it and you actually got a deal. >> the problem here, alex, there's no way to play hardball for obama without saying he's willing to go over the debt ceiling. if you have to do a grand bargain, think about it innovatively. immigration reform could save social security. they should expand the conversation. >> maybe just start it would be good. the "huffington post," sam stein. thank you, my friend, as always. and thank you to the grio's joy reid. seven months into president obama's second term, the guantanamo bay detention center

is still open for business. but gitmo isn't the only prison fanning the flames of debate over indefinite detention. we will discuss abu ghraib, bagram, gitmo and more just ahead. wi drive a ford fusion. who is healthier, you or your car? i would say my car. probably the car. cause as you get older you start breaking down. i love my car. i want to take care of it. i have a bad wheel - i must say. my car is running quite well. keep your car healthy with the works. $29.95 or less after $10 mail-in rebate at your participating ford dealer. so you gotta take care of yourself? yes you do. you gotta take care of your baby? oh yeah! a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult.

prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives,

other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+.

it has 7 antioxidants to support cell health. ♪ even superheroes need superheroes, and some superheroes need complete and balanced meals with 23 vitamins and minerals. purina dog chow. help keep him strong. dog chow strong. what if you held a hearing about a critical white house policy and nobody from the white house showed up? you'd get the senate's first hearing on gits mow in five years. we will talk indefinite detention and forever wars when women for women international and the center for constitutional rights join us neblgs. (announcer) at scottrade, our clients trade and invest

exactly how they want. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade. because i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade. awarded five-stars from smartmoney magazine. we have now been at war for well over a decade. america's at a crossroads. we must define the nature and scope of this struggle, or else

it will define us. we have to be mindful of james madison's warning that no nation could preserve its freedom in the midst of continual warfare. >> that was president obama two months ago at the national defense university signaling that u.s. counterterrorism efforts would change in his second term and the country's seemingly forever war would come to an end. but today the country is still waiting and this week, as the president tries to shift focus to the economy, a vigorous debate is taking place over america's counterterrorism strategy. yesterday the house came within 12 votes of restricting the nsa's massive surveillance program. the amendment highlighted the deep intraparty divide over the government's creeping surveillance powers in the 1/2 wrath of 9/11. >> have our memories fade sod badly we forgot what happened on september 11th? passing this amendment takes us back to september 10th.

>> when you have the chance to stand up for americans' privacy, did you? >> the lower chamber isn't the only place in washington with a spirited debate on counterterrorism. yesterday the senate held its first hearing in five years on the future of guantanamo where 166 detainees remain indefinitely, 86 of whom have been cleared for release but remain imprisoned. as of yesterday, 69 of the prisoners are on hunger strike and 45 are being force fed. democrats and republicans remain sharply divided over whether or not to close the detention center. >> every day it remains open guantanamo prison weakens our alliances, inspires or enemies and calls into question or commitment to human rights. >> i have a hard time seeing how it is responsible to shut down our detention facilities and send these individuals home where they almost surely would be released and almost surely would return to threaten and kill more americans.

>> countries that champion the rule of law and human rights do not lock away prisoners indefinitely without charge or trial. countries that champion the rule of law and human rights do not strap prisoners down and forcefully feed them against their will. >> there are no human rights violations occurring at guantanamo bay. >> joining the panel now, founder for women for women internationa international. shana, first speak about gitmo given the debate that continues on. there were a couple of recent rulings on gitmo. all of them seem to be in countervention of one another. on july 8th, a judge said force feeding detainees is inhumane. then prison guards have to stop touching the genitals. another said force feed

something humane and detainees have no right to commit suicide. are we any closer to having any resolution? >> the only reason we are having a debate and the only reason the president mentioned it in his national security speech primarily about drones is because of the hunger strike because these prisoners who realize the legal system and congress has abandoned them and the president has renounced basically every promise that he made during his campaign in 2008 to close the place. the only option for them is to take it on their own hands really. hunger striking in this context is really a life affirming act. it shows that these guys still have some hope but that's really the only reason we are talking about this at all here. the irony for me is that this is really all in the president's hands. reason congress hasn't had a hearing in a couple of years, this really isn't a congressional matter. sure, they put some restrictions in place -- >> jonathan -- >> that's not true. in 2009 congress passed a tlau

almost unanimously in the u.s. congress when the president tried to bring some chinese muslims, uighurs, they're called, to the united states from guantanamo bay, congress basically said you are not allowed to do this, are you not allowed to shut gitmo. so to say it is all on the president is factually unaccurate. congress passed a bill. so the president can't do anything on this without congress. >> i don't know that it is an either/or proposition. i think the president can certainly be doing more -- >> he absolutely can do more but he needs congress. the same way that he needed congress to end don't ask/don't tell. people said why doesn't he just do it himself? that's not the way our system works. he has to do this in cooperation with congress. >> i want your thoughts on this. what happened in iraq this week, which is that al qaeda freed hundreds of prisoners in the abu ghraib prison and several other prisons in iraq gives fuel to the argument by a lot of conservative republicans that we

cannot repatriate these people to other countries, look what happens, we can't control the surt, we have to keep them at a detention center. i am not a fan of that argument but the situation on the ground is very unstable. >> what's happening in iraq was very much a reflection of maliki barely holding control of the country. it is a fight between the sunnis rebel who have been rebelling for the last few months. first time in history abu ghraib gets broken into. first time in history the most notorious prison in iraq. the political tension that's happening, in terms of what happens to guantanamo's prisoners. i just came back from the middle east. my worry is america's reputation vis-a-vis the people of the muslim countries, no longer the governments of the muslim countries who are changing and who are a mix between dictators and between newly elected governments and between military governments. but the people in a predomina

predominantly muslim quarters -- which is about a quarter of the population in the world, are seeing america in a very different light. they're saying that you're sending us messages about democracy and freedom and human rights, yet you are doing this to our own people in guantanamo, yet you are putting prisoners without trial, you are keeping prisoners indefinitely. america in this case sending very mixed messages in here and it is only impacting negatively. >> gitmo is not the only place where we are indefinitely detaining people. there's an article out in "rolling stone" at bagram. some prisoners have been there as long as seven years. bagram, as much as gitmo is to people in the region, is a symbol of hypocrisy an injustice. >> the major dins betwefference bagram and guantanamo, we got to

bring lawyers on to expose what's going on there. general stone did a study of the population at bagram. he said 400 out of 600 people there should never have been detained in the first place and ought to be released. that's a story you might have seen out there. but just like guantanamo thought to be someplace u.s. courts can't reach in cuba, in bagram, it was since this is an active zone of battle in afghanistan, the court shouldn't intrude there and the courts bought that even some those of these prisoners were non-afghans, arrested outside of afghanistan and brought there to hide them from the courts. >> i agree with senator durbin and senator leahy. it is unconscionable for the united states to detain prisoners for that length of time who haven't even been charged. if we charge them and want to keep them there, if we try them, that's fine. but if they are uncharged it is incumbent upon us to release them because we are creating enemies around the world. the point you made. the point that you made.

we're supposed to be -- president bush wanted us to spread democracy around the world. well how can we do that when we're doing something that's inpatiei inherently undemocratic? >> another problem though is that some of them were tortured and are still, nonetheless, dangerous. but if they're tried because they were tortured, that evidence would be thrown out and there might and case for them to be released. unfortunately, they can't be released though because they're terrorists. >> on the torture issue, this is something we have not actually put -- we have not focused on as much as we should have. there was an article that came out, i think it was two weeks ago, talking about a vacuum cleaner that khalid shaikh mohammed had invented while incarcerated at gitmo. there was a lot of chuckling about him inventing a vacuum cleaner. the reason he was given the task of inventing things, because by

the cia's own account, the program's interrogation methods were designed to psychologically dislocate people and once the interrogation stopped the agency had to try and undo the psychological damage inflicted on detainees. one of the ways in which they bring people back effectively from insanity is by giving prisoners tasks to do. the fact that we as the united states of america are doing this and have to do this i find deplorable. >> we have -- exactly. i completely agree with you. we have to go back to the ora e original intention which is to have security in america. to win the hearts and minds in people in afghanistan and iraq and have stability and peace in these predominantly muslim countries. right? if we do that, killing or torturing more people is triggering more terrorists actually. it is doing the very thing we do not want to do. these are examples of that and this is what's leading more people to be angry. have you 65% of muslim populations around the world

under the age of 30. when they hear about this news they just get more angry. so it is counterintuitive to our national interests. >> i would like to end it on a hopeful note. there is at least more attention being paid to this, whether because of the hunger strike or not. we perhaps are moving in a direction where one day maybe there will not be prisoners, tens of them, languishing indefinitely at gitmo. founder of women for women international, thank you. the center for constitutional rights, thank you, as always. coming up, the "new york daily news" sums up the latest concerns about candidate anthony weiner. god help new york city if he's mayor. that's the headline. but has god seen the latest poll numbers? we'll debate the will he, won't he, just ahead. being sixteen, alex thinks he's invincible.

his dad knows he's not. that's why dad got allstate accident forgiveness. it starts the day you sign up. [ female announcer ] with accident forgiveness from allstate, your rates won't go up just because of an accident, even if it's your fault. call 866-735-9100 now. kim and james are what you might call...overly protective. especially behind the wheel. nothing wrong with that. in fact, allstate gives them a bonus twice a year -- for being safe drivers. [ female announcer ] get two safe driving bonus checks a year for driving safely. switch to allstate today! call an allstate agent now and see how much you could save. now that the kids are out of the house, so are frank and sandy. hitting every flea market they can find. but the best deal so far... is the one from allstate. [ female announcer ] drivers who switched to allstate saved an average of $498 a year! how much could you save? call 866-735-9100 and find out. [ dennis ] let an allstate agent help you save.

are you in good hands? [ female announcer ] call an allstate agent and get a quote now.

to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. a new poll reveals that

sexting is not good for anthony weiner's campaign. that's next on "now." well now i'm her dietitian... ...and last year, she wasn't eating so well. so i recommended boost complete nutritional drink to help her get the nutrition she was missing. and now she drinks it every day. well, it tastes great! [ male announcer ] boost drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones, and 10 grams of protein to help maintain muscle. and now boost comes in two delicious, new bars. look for them next to boost drinks. [ dietitian ] now, nothing keeps mom from doing what she loves... ...being my mom.

[ dietitian ] now, nothing keeps mom wait a sec! i found our colors. we've made a decision. great, let's go get you set up... you need brushes... you should check out our workshops... push your color boundaries while staying well within your budget walls. i want to paint something else. more saving. more doing. that's the power of the home depot. refresh your home inside or out with behr premium plus ultra. interior flat starts at $31.98 a gallon.

a new wnbc/wall street/maris poll shows anthony weiner is down nine points from last month. it gets worse. at an event in brooklyn this morning, anthony weiner admitted to trading messages with as many as three women since resigning from congress. wiener estimated he traded lewd messages with 6 to 10 women while a member of congress. loufr, he insists he has now stopped. that's all for us. thank you to gopher rendell, and jonathan. we'll see you back here tomorrow. "andrea mitchell reports" is next. american success story," "that starts with one of the world's most advanced distribution systems," "and one of the most efficient trucking networks," "with safe, experienced drivers." "we work directly with manufacturers,"

"eliminating costly markups," "and buy directly from local farmers in every region of the country." "when you see our low prices, remember the wheels turning behind the scenes, delivering for millions of americans, everyday. "dedication: that's the real walmart" ♪ even superheroes need superheroes, and some superheroes need complete and balanced meals with 23 vitamins and minerals. purina dog chow. help keep him strong. dog chow strong. trust your instincts to make the call. to treat my low testosterone, my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair

or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron.

because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet. right now on "andrea mitchell reports" -- holder takes on texas. the attorney genera