voting rights, something that could clearly impact a presidential run. and as "breaking bad" begins to wind down, jimmy kimmel has ideas for how to keep it going. and it involves cartoons. we're trying to be animated here, 5:30 a.m. eastern time. this is "way too early." morning. brian shactman here. tuesday, august the 13th. also later in the cooler, yet another political gaffe from the land down under. in australia. plus barnacle in the house to talk about pete rose and what he had to say in the backdrop of the p.e.d. suspensions. we begin with a story that could have national implications. bloomberg vowing to appeal after a judge ruled the stop and frisk policy to be unconstitutional. the judge called it a policy of indirect racial profiling that demonstrated a widespread disregard for the fourth

amendment. backers say stop and frisk has been instrumental in slashing new york's crime rate. even saving the lives of thousands of young african-american and hispanic men, the very people the practice is accused of targeting. >> we want to match the stops to where the reports of crime are. i don't think there's any question that one of the problems we have in our society today is that victims and perpetrators of crime are disportionately young minority men. that's just a fact. we go to where the reports of crime are. those, unfortunately, happen to be poor neighborhoods and minority neighborhoods. >> in spite of the ruling, mayor bloomberg says there will be no change in tactics overnight. want to quickly stick with new york for a minute. anthony weiner back in the news. the former congressman has certainly -- can't really avoid it -- exposed a lot of himself over the past two years but he's

not done revealing his positions or intentions to become the next mayor of new york city. our writers and i having a field day with this as usual. the former congressman sat down with the editor in chief of b z buzzfeed last night. the democrat was defiant, insisting he'll soon be living in the mayor's mansion. weiner blasted what he called the brutal coverage in the media, although he admitted he has no one to blame for the scandal but himself. he also discussed his wife huma. >> is huma still working on the campaign? >> she's helping out every day. >> is -- do you know what her role in hillary's 2016 campaign is going to be? >> i do. >> what will it be? >> i'm not telling you. >> do you feel like you've damaged her place in that world? >> i feel that what i've done has hurt her, yeah. it's hurt her professionally. it's hurt her personally. we made a decision that these

things were behind us, and we made a calculated gamble on the question of whether or not citizens would be more interested in their personal -- their family's future than in my personal failings that are behind me, and she's gotten roughed up and it's been completely unfair in my view. >> buzzfeed's ben smith did the interview. he'll be on "morning joe" a little later. the one takeaway might have been, guys, the assumption that weiner made about hillary and her campaign. that just assuming that she's running for president, which was very interesting to a lot of viewers, including ben smith who sat right in front of him. also, police investigating a deadly incident overnight in atlanta where a fan at a braves game plummeted some 65 feet from a stadium balcony. the braves were hosting the philadelphia phillies. the man fell from the upper deck to a parking lot shortly after the game began following a rain delay. so far police believe the death

is accidental. one of the most well known mobsters of his era will likely spend the rest of his life in prison. a jury convicted mob boss james whitey bulger of dozens of crimes, including conspiracy, racketeering and playing a role in 11 murders, including one murder of a female. as the verdict was read, the 83-year-old defendant remained stoic in the courtroom. the seven-week trial filled, of course, with profanity-laced exchanged, including an outburst from bulger himself who called the proceedings a sham. his attorney says his client was actually happy with the outcome. >> jim bulger was very pleased at how the trial went and even pleased by the outcome. i don't think he expected that nine times the jury would come back and say not guilty or not proven. it was important to him that the government corruption be exposed and important to him that people

see firsthand the deals that the government was able to make with certain people. >> bulger evaded law enforcement for 16 years landing on the fbi's most wanted list until authorities caught up with him two years ago. bulger's defense team says he plans to appeal the verdict. north carolina's new law requiring an i.d. to vote is headed to federal court. governor pat mccrory signed one of the strickest i.d. bills into law. he calls them common sense reform. >> let me be direct. many of those from the extreme left who have been criticizing photo i.d. are using scare tactics. they are more interested in divisive politics than ensuring that no one's vote is disenfranchised by fraudulent ballot. >> some pretty incredible statistics. during the 2012 election nearly 7 million ballots were cast in the general and two primary elections in north carolina. of those, just 121 alleged cases

of fraud, most by felons or cases of double voting. they were passed on to the district attorney's office. the new push for voter i.d. laws has caught the attention of former secretary of state hillary clinton as well. >> we've seen a sweeping effort across our country to objuct new obstacles to voting. often undercover of addressing a phantom epidemic of election fraud. now not every obstacle is related to race but anyone who says that racial discrimination is no longer a problem in american elections must not be paying attention. and despite the best efforts of many well-intentions election officials, discrepancies and resources across precincts and polling stations still disproportionately impact african-americans, latino and young voters. >> elon musk is one of the most brilliant guys on the planet, right? his new idea is something that's being called a cross between the

concorde, an air gun and an air hockey table. the visionary entrepreneur says his hyperloop could reduce travel time between l.a. and san francisco to 30 minutes. the magnetic leffitation system could reach speeds of 700 miles per hour. musk's plan would use airless low-friction tubes and a company already developing similar technology says the route could be built in about a year or two but getting past regulatory hurdles and finding financing could prove daunting. musk won't actually take on the project himself. he hopes others will. he's too busy running his space company and car company to do this right now. they were pulling all-nighters for two weeks to get that plan done. in now to business now where world markets in the green so far today. u.s. futures are also looking toward a positive open. yesterday the markets ended a quiet session mixed. you had the nasdaq positive. the dow and s&p 500 slightly in negative territory. cnbc's jim cutmore live in

london looking at some of the other headlines. >> good morning to you. you remember way back in february, let me drag you back there, brian, when they announced this american airlines/usairways merger. $11 billion the price tag. a lot of chatter about how that was going to restructure the sector. i guess the question still remains, are we looking at higher airfares and less seats? they've looked into this story, "the wall street journal," and interesting. they say maybe it doesn't go that way because this was a deal about expansion, not about cutting capacity. so the conclusions ultimately it may not cost the consumer more in terms of air ticket prices. so i guess that's not bad news. facebook coming up with a new app. they've sat down with open table so you can now go through facebook to book a table at your favorite restaurant as long as it's part of the open table service. i guess that makes life a little bit easier if you are on your facebook page and you are just thinking, huh, i could do with

going somewhere decent for lunch to talk about a new business plan. facebook putting that deal together with open table. i guess they'll also be able to use this new app facility for tv listings as well. so you'll be able to see what you want to tune in to. while you sat there eating your lunch. >> including europe, squawk box and "way too early." i just want to quickly say, there are entrepreneurs all over the place. we just did something on elon musk. there's a bit of a profile for what makes a successful entrepreneur. give me some details on that. >> yeah, this is fascinating. so the national bureau of economic research did this study. they looked at over 12,500 cases of people born 1957 and 1964 and what they said, rebellious and smart. just like bill gates. you smoke pot you drop out of school. you have a reasonable chance of making it as an entrepreneur. >> i guess. you either become a billionaire or end up in prison. either way, you're set for life,

that's what they say. jeff, thank you. >> i guess that's the plan. >> live for us in london. speaking of retail sales, i think some numbers come out on wall street today. this is pretty fascinating. stores right now, they can pretty much track everything you return. "usa today" reports companies say they are doing it in the name of security. they report 9% of all sales, this is billions and billions of dollars worth of stuff is returned and the tracking helps prevent fraud. well, the story made us wonder what's the most embarrassing item you've ever had to return? the creative ones that we can use, as always. #waytooearly. we'll put the best answers on later in the show. still ahead, pete rose continues to speak out about performance-en enhancing drugs in baseball and his latest comments may surprise or even offend you. also, we're following australian politics as we always do on "way too early." the can't-miss moments and we have a good one for you this morning. we'll have bill karins with a check on weather when "way too early" comes right back.

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time for sports. mike barnacle with us. pete rose, the all-time hit king. he's been banned from baseball. he's speaking out on alex rodriguez, comparing his troubles to those of the yankees slugger. he's banned for flf '89 for gambling. says the sport has a double standard when it comes to punishment and spoke openly about it during a radio appearance yesterday. >> hey, everything is a different case. i made mistakes. i can't whine about it. i'm the one that messed up, and i'm paying the consequences. but, however if i'm ever given a second chance, i won't need a third chance. and i just picked the wrong vice. i should have picked alcohol. i should have picked drugs or i should have picked beating up my wife or my girlfriend because if you do those three you get a second chance. but they haven't given too many gamblers second chances in the

world of baseball. >> rodriguez gets 211 games. he can come back, but his career might effectively be over but still eligible for the hall of fame. does pete have a point? >> pete spoke a truth there. what sense to have people like roger clemens on the ballot and people like pete rose not on the ballot. this is the first time in nearly 25 years that pete rose has spoken a truth to his situation. and good for him. perhaps it will be helpful. he ought to be in the hall of fame. >> but that's sort of the problem. it's not so much what he did but how he handled it afterward that has him in trouble. >> correct. >> angels superstar mike trotter might be the best all-around player in the game. he basically said any p.e.d. users should be banned from baseball for life. it seems extreme but could that ever happen or what do you think about that? >> i think the players association is leaning heavily and perhaps this went to change

some of their rules toward it. i think they are aiming toward first time you get caught, suspended, perhaps for a year. second time, then the ban for life takes effect. >> so this could actually happen? >> i think it could. the tide has turned. imagine ten years ago you never thought the union would agree to it. >> they never addressed it ten years ago. they refused to even address p.e.d.s in baseball. >> if you love mike barnicle, you can get more of him on "morning joe" in about 14 minutes. right here. you can get as much as you want. let's get to some baseball. rangers and astros. yu darvish, this guy is awesome. perfect game. struck out 11 through six. basically what happened is the 1-2 count. he thought he had a strikeout. and he didn't. and the guy ended up walking. and he broke up the perfect game. and a.j. pierzynski, the catcher, was really ticked off.

and he got tossed in about two seconds. >> the umpire ought to get tossed. >> but it didn't matter that the perfect game ended right here when houston hit a solo home run to break the shutout and the no-hitter. but texas would go on to win the game, 2-1. this guy is just amazing. here's something yankee fans have been missing all season. curtis granderson. solo shot in the seventh. the yankees won two in a row for the first time, i think, in a month. his third home run of the season after hitting 43 last year. he's, of course, missed most of the season with a broken hand. yankees win, 2-1. what was that face? was that jeter? >> that was disturbing. >> i am just confused. >> red sox fans are not nervous about the yankees this year, are you? >> no. possibility of just a washout day. looks like a tuesday. this will be by far the worst travel day, the worst weather

day for the mid-atlantic, the northeast and for even areas back towards oklahoma and arkansas. we're about to get drenched in new york city. heavy rain through the lehigh valley. now moving into philadelphia. d.c. will get some rain on and off all morning long and possibly thunderstorms this afternoon. so airport delays are very likely today. maybe even significant delays. the heavy rain especially new york city from about 8:00 right until about noon is when the heaviest should be moving through new york. philadelphia, the heavy rain is about to move in right now. also thunderstorms from ft. smith to oklahoma city. this is the same area that saw a lot of heavy rain last week. flash flooding concerns along interstate 40 there. in general, the forecast, it's still hot in texas. yesterday was 100 in dallas. today will be about 100. 101 in san antonio. but the big story will be the rain in the east today. brian, today will pretty much be a rainout for many areas of the northeast. coming up at the top of the hour, anthony weiner unleashed. why he says "the new york times"

can't stand him. and when we come back here, we'll huddle around the cooler. both jimmys, fallon and kimmel, riding the "breaking bad" wave. kimmel has a spin-off in mind. we'll be right back. right now, 7 years of music is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server.

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at the top of the show, we

talked about a federal judge ruling stop and frisk tactics unconstitutional. you want to sound smart today, tell your friends between 2008 and 2011, black and latino new yorkers made up nearly 90% of those stopped under the policy. in those cases, 88% of those frisked, that's more than 3.8 million people, were found to be innocent. all right. let's put aside the real news for a moment and go to mr. lewis. >> campaign season is under way in australia. if we're covering it here in the cooler, it means somebody said something they regret. yesterday the country's opposition leader tony abbott was rolling through his speech when the wrong word came to mind. >> no one, however smart, however well educated, however experienced is the suppository of all wisdom, and i believe that we will be a much better government because we have a very strong team.

>> seems like abbott didn't notice the error but one eyewitness says they were both shocked and amused at the same time. let's go back to "breaking bad." even if you aren't a fan of "breaking bad" it's almost impossible not to hear all the final buzz about the final season. nearly 6 million viewers tuned into the first episode. the biggest audience in the show's history. also 100% increase in the last season's first episode. the series has inspired late night host jimmy fallon to consider a new look. he posted this photo on twitter. it looks like brian cranston but you'll see it's actually fallon. jimmy kimmel is jumping on the bandwagon here. he's pretty excited about "breaking bad's" final season. in fact, he has an idea for a spin-off of his own. check it out. >> now that "breaking bad" is near the end of its run, they need something to replace it. i think they should combine it with another long-rung and beloved show to make it into a program for kids.

>> all along it was you! >> [ bleep ] -- nursing home. i'm a dying man who runs a car wash. my right hand to god, that is all that i have. >> tread lightly. >> i don't even know what to say about that. finally, i figured i'd give everyone a lunch idea today. you better have your wallet. a gentleman in search of the most expensive fast food burger went to the jack in the box because he knew they'd literally make anything he ordered. the result? this 20-patty jumbo jack burger. it comes in at just over $38. and roughly about 9,000 calories. mika, that is called a solid lunch. >> he's just trying to goad me. it's not even -- that's so

contrived and obvious. >> you can't eat that. >> i'm not biting. >> thank you, lewis. coming up on "morning joe," a federal judge tells the nypd and mayor bloomberg hands off, ruling the controversial stop and frisk policy unconstitutional. but what will the impact be on law enforcement? former new york governor george pitaki will be here with eugene robinson. whitey bulger is found guilty but did the feds let him get away with murder? mike barnicle joins us. also hillary clinton breaks her silence weighing in on a major political issue that could impact the 2016 presidential race. all that plus buzzfeed's ben smith brings us his one on one interview with anthony weiner. interesting. brian, back to you. >> thank you, mika. still ahead, retailers starting to pay closer attention to what we return so we wanted to know, what are some of the things you don't wish they knew that you returned? your best and most creative tweets coming up on "morning joe" just minutes away.

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most embarrasses item you've ever had to return to a store? we had our fair share of those we'll leave the specifics out. natalie? >> todd had a traumatizing experience. when i was 15, i had to return my mom's sanitary napkins. they were too small. sad, but true. >> why couldn't she just take care of it? why wouldn't she do it and spare the 15-year-old the embarrassment. anything else? >> nancy said a personal comfort system. a welcome home present for my husband. couldn't figure out how it worked. so we'll let you use your imagination. >> many husbands have had to return some clothing for their wife at one point or another. that's the end of the program. "morning joe" starts right now." if somebody pulls a gun and you want to get home to your family, you don't have time to

say, well, now wait a second. the commissioner said one thing. the monitor said another and the i.g. said another. by that time you're dead and i'd like to see you go to and expla family why their son or husband or father is not coming home at night. >> wow. >> well that -- >> good morning. >> it's tuesday, august 13th. >> welcome to "morning joe." >> we have msnbc contributor mike barnicle. chairman of deutsch incorporated, donny deutsch, and in washington, pulitzer-prize winning columnist and associate editor of the "washington post" and analyst eugene robinson. >> you look at the front page of the "new york times," michael bloomberg not a happy man. we're going to be talking about that. also, mike barnicle here to talk about whitey bulger and the conviction in boston. wow, that's really something too. willie geist, you know, there are s,