the george washington bridge were political retaliation. and 80% expect more christie staffers will be implicated. on the question of christie himself, 52% think he knew about what his staff was up to before the news broke, and 51% say christie has not been completely honest. joining us right now from trenton, new jersey, nbc's kelly o'donnell has been following the story for us. welcome to both of you. kelly, you're going to kick us off here. how much does christie's state of the state speech, i understand you've had glimpses of excerpts of it. how much of it is going to focus on the bridge scandal we have heard? >> well, aides have not addressed that directly, but what we can expect is because the state of the state address is its sort of own entity, annual event that is intended to talk to the state, to the lawmakers about the critical issues, so expect most of it to

be about substance and policy. the governor is going to talk about education reforms he'd like to make, including extending the day and the school year for new jersey students, talking about property taxes, talking about issues that he will hope become the headlines and sort of redirect some of the conversation. the political reality is all of his remarks today will be seen in the context of this storm that he is in over what his aides did, what he may or may not have known, how his administration has handled it, so we don't know if he will address it directly. i've repeatedly asked and have not heard back, but i think an assessment of what christie's style is, i would expect he would make some, at least reference to the circumstances. now aides did tell us that he will send a message to the people of new jersey and to the lawmakers who will be listening, urging them to put aside politics for the sake of getting things done. that might be in itself kind of a reference to the political

trouble that he is facing and those in his administration have sort of generated for him. so, specifics we don't yet know. 3:00 is when he delivers this address. it's something a governor must do every year, and it will carry some of the political theater of the lawmakers there to greet him, the march from christie's own office, down the hall, and to the chamber. there will be lots of different levels here, policy and politics will come together. richard? >> let's talk about that politics part more, kelly, christie's people hitting back on the controversy over sandy relief, that relief that was spent on tourism ads featuring the governor. here's what new jersey governor frank pallone had to say yesterday, then i'll get your reaction. >> i don't think there's any question that, you know, this was an effort to promote him. but the problem is, it was at the expense of money from the taxpayers that could have been used for other sandy purposes. >> so, kelly, how are christie's people handling that one? >> well, this is not a new

issue, richard. it was brought up last summer and during the re-election campaign by christie's democratic opponent and by critics who said it was too much about the governor himself, and so aides have said to us that, first of all, this was hud grant funding that was approved by the obama administration, so they got this contract approved. then there is now a federal audit. it's not really an investigation, it's a federal audit being done by the inspector general at hud, the department of housing and urban development. they'll look at the contract and look at what the contractor provided and for how much. now, aides say that they expect, because that's a normal process, that it will be ultimately show that the use of that tourism budget was worthwhile to help get people to come back to new jersey, spend money here. even democrats say they wanted a tourism campaign. the question is, did christie's involvement take it too political. richard? >> charles, to you. those new poll numbers have a

good news and bad news for christie here. the good news is that his approval rating is still high and down only slightly from december. the bad news, most of jersey at the moment is paying attention to the scandal and about two-thirds believe the reason behind the shutdown was political retribution. for you, how much of a lasting impact do you think there will be with new jersey voters based on what's happened so far? >> well, i think it all depends on the subsequent revelations. i think if it stopped dead right here, which it's not, i think he'd be fine, but i think there's going to be some more peeling away of the onion, if you will. we have multiple investigations, now have democrats in the legislature, which controls the legislature, literally stepping over each other with subpoena power and special counsels to probe this matter. we also have the u.s. attorney's office poking into it. so i think what the poll shows is that christie begins this

trial, if you will, trial by fire, with a significant reservoir of goodwill to draw from, but as we proceed forward, he's going to be depleting that bank pretty quickly. >> you know, charles, another number from the poll saying 80% think more staffers will be implicated here. you brought up the list or potential list of those who might be subpoenaed. might we see michelle brown, a christie appointee that you're familiar with, she was appointed to the economic development authority, leading that. "the new york times" saying officials believe she used her position improperly for christie's gain. what do you know about her or perhaps others that might be brought into this to have to testify? >> well, you know, that's -- all those names, i think, as we saw from the stack of e-mails that came out over the weekend, we saw more names in this administration. look, this is an administration that is tightly run, tightly run

with loyalists, who are devoted to chris christie. they trust him. he trusts them, and it's because of that loyalty that it gives it such resonance. this is not -- he does try to impart the impression that he's a delegator, but he delegates to a close-knit circle, so, yeah, i think you're going to see more names come forward. or put under the spotlight. definitely. >> all right, charles stiles, thank you so much. nbc's kelly o'donnell, as well. appreciate both of your time today. one other story line hurting chris christie, other unconfirmed tales of political retribution. several democratic new jersey mayors say they, too, felt the bullying wrath of chris christie. joining us now, democratic congressman rush holt of new jersey. congressman, thanks for joining

us. you said -- >> good to be with you. >> you said in the past christie has had a bullying streak. have you had a personal interaction, information, or conversation where you felt that was the case? >> well, i think everyone in new jersey has seen that, the way he has treated teachers, the way he's treated citizens at town meetings, and as you now refer to, the way that he has treated mayors and others. i've certainly seen mayors who say, well, if i don't support him in the election, even if they are in the other party, i don't think i'm going to get anything from him. so, yes, that's been the style that's been set. and that, i think, is what i find troubling, i think what a lot of citizens find troubling, is, you know, it strikes at the heart of what government is about. in government, the people seed some power to some individuals so that those leaders, those individuals, will work for the

common good, not for their own benefit or for the benefit of their party or of their donors. and so this really strikes at the heart of that compact of government here. >> let me ask you this -- >> that's what people find troubling. >> we were just talking about that new poll with our previous group of journalists, a new poll finding that just over half of new jersey voters don't think christie has been completely honest about the scandal to date. 51 to 40. how long have you known him, and tell us about what you may believe he may be covering up, because you said in the past you believe he was covering up some things. >> well, what i said was, and i've repeated, is that in politics, there's an important rule to remember, it's the coverup that gets you. i'm not saying what it is or even if it is that christie is covering things up, but, you

know, i think his press conference the other day was, you know, if nothing else were to happen, it would be called a masterpiece of damage control. but, in fact, it was really troubling, because, you know, he was at times angry and sad and crest fallen and disappointed. he said i am not a bully. i am honored to be considered for the presidency. i am so disappointed and sad. well, he was saddened not by what had happened to the people of ft. lee or the citizens trying to cross the bridge, he was saddened that he had been lied to. it was all about him. >> how much do you think we don't know yet? >> i think probably quite a lot. and i really want to commend the members of the state assembly, wisniewski, the state senator, loretta weinberg. they have kept pushing on this

when the press and people said you're wasting your time, get off it. let's get on with business, but they, in fact, realized that there was a serious breach of trust here, an abuse of power. and now that the e-mails are out showing that it was an abuse of power, we know some people in his office were abusing power. we know the port authority has disended from what was some decades ago a very good nonpartisan public agency into a partisan -- you know, a grab bag of political patronage and a cash cow for the states of new york and new jersey, rather than an agency that's supposed to serve the public. so we've seen there's an abuse of power. it looks to me like it goes pretty far and pretty deep. so i think we'll hear more, and, you know, so christie's press conference the other day, although it seemed to put -- he

thought it would put this behind him, actually, it dug him in deeper, because as more things come out, he will look more responsible, if not directly culpable. >> congressman rush holt of new jersey, thank you for your time today. a reminder, governor christie's state of the state address happens later today at 3:00 a.m. eastern. we'll have live coverage on msnbc. that brings us to the big question, how much, if any lasting political damage has the bridgegate scandal done to new jersey governor chris christie? we're also following some breaking news right now on msnbc. we're just getting it into us. police investigating a shooting at a middle school in roswell, new mexico. police saying the suspect was arrested this morning at borendo middle school. the school is in lockdown at this moment and authorities are asking parents to pick up their children at a nearby mall, according to the associated press, roswell has been rocked

by gang violence in recent years and has asked homeland security investigations to step in and help. again, we'll keep you updated what's happening there in roswell, new mexico. that suspect in custody after a school shooting there. up next, compromise on the hill. lawmakers unveil a $1.1 trillion -- rather, a 1,500-page bill and $1.1 trillion. they are trying to ease the pain caused by the sequester. we asked steve israel about the winners and losers of that bill. finally, the family of the football player shot and killed by police last september still have questions. >> he was one of the most kindest people you would want to meet, and they haven't given me an answer. >> nbc's gabe gutierrez reports on the wrongful death lawsuit they hope will finally provide some answers. when you have diabetes like i do,

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members of congress are getting ready to take up a massive government funding bill that nixes the threat of another government shutdown. negotiators have released their bill that funds the government through september the 30th. it puts $521 billion into defense, $492 billion in other programs. there's no new funding for obamacare, but some sequester easing. there's even a ban on new light bulb standards, a 1% pay raise for federal workers. it also bars officials from ending saturday mail delivery. both sides putting their spin on the compromise. >> it is a step forward. it's not the number that we had wanted, but the one we're forced to deal with and it's a mitigation of sequester for this year, and i think for that, many

of us in the democratic caucus are grateful. >> we're in a situation where the government is, in fact, going to run out of money. we're going to have to move a short-term c.r., but we want to get this government funding in place as soon as possible. >> joining me now is democratic congressman steve israel of new york. he's also the chair of the democratic congressional campaign committee. congressman, great to see you. we expect to be getting in video from the white house very shortly, when it does come in, we'll have to run straight to it, but i want to get to what's in front of you, there's a timeline, you have until wednesday, i believe, time frame that looks like it won't be made. >> yeah, thanks for having me on, richard. we have a short-term extension that will get us through the week. i expect that the house will have our vote before we leave on thursday at noon. and when we vote is less important than what we're voting on. this compromise is a vast improvement over the tea party budget that the house

republicans tried to inflict on the country in the past several years. it makes important new investments in things like head start. there are some improvements that it needs. i would like to see increased investments in the n.i.h. and cancer research, alzheimer's research, but it is a compromise, and step two will be electing a house democratic majority that will build budgets that invest in the middle class. it's a compromise, but at the end of the day, i would like to have an even better compromise. >> as a compromise, there's winners and losers, and that's what we got here, head start wins, it's fully restored. military personnel get a raise here, no new money for obamac e obamacare. joe biden gets a pay freeze. what doesn't sit right for you about this budge? >> n.i.h. funding, the investments that we make in research of health and decision, it is a budget, but the house republicans will leave town this week without increasing minimum

wage, without -- >> congressman, stand by. i apologize, the president making comments at a cabinet meeting. take a listen. >> official cabinet meeting of the year, and i want to wish everybody a wonderful new year. we've got a lot to do in 2014. as i've said before, this is going to be a year of action. we've seen the economy improve. we want to maximize the pace of our recovery, but most importantly, we want to make sure that every american is able to benefit from that recovery, that we're not leaving everybody behind, and everybody is getting a fair shot. i was very pleased to see the house and the senate agree to a budget and to put forward a bill that will fund our government, as well as allow us to take some important steps to provide the services and the help that americans need and the american families need in order to get

ahead in this economy, and so i would urge that congress pass that funding measure as quickly as possible so that all these agencies have certainty around their budgets. and congress is going to have some additional work over the course of the next several weeks, specifically, it's important that they do something about unemployment insurance, although we've seen improvements in the economy and job creation in our economy, i think we all know that there are a lot of hard working americans out there who are desperately looking for a job, and unemployment insurance is not only good for them and necessary for them, but it's also good for our economy as a whole and will actually accelerate our growth if we go ahead and get that done. we know that we need to get immigration reform done. a major piece of unfinished business from last year. so, congress is going to be busy, and i'm looking forward to working with democrats and republicans, house members and senate members, to try to

continue to advance the economic recovery and to provide additional av few knews of opportunity for everybody, but one of the things i'll be emphasizing in this meeting is that we are not just going to be waiting for legislation in order to make sure that we're providing americans the kind of help that they need. i've got a pen and i've got a phone, and i can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible, making sure that our businesses are getting the kind of support and help they need to grow and advance, to make sure that people are getting the skills that they need to get those jobs that our businesses are creating. and i've got a phone that allows me to convene americans from every walk of life, nonprofits, businesses, the private sector,

universities, to try to bring more and more americans together around what i think is a unifying theme, making sure that this is a country where if you work hard, you can make it. and so one of the things that i'm going to be talking to my cabinet about is how do we use all the tools available to us, not just legislation, in order to advance a mission that i think unifies all americans, the belief that everybody's got to take responsibility, everybody's got to work hard, but if you do, that you can support a family and meet the kinds of obligations that you have to yourself and your family, but also to your communities and to your nation. we're already seeing some examples of that. in fact, this week i'll be traveling tomorrow down to north carolina to talk about a manufacturing innovation hub that we initiated, talked about

in our state of the union last year. it's going to be moving forward, and there are a lot of folks down in north carolina who are excited, because it's a perfect example of the kind of public-private partnership that can really make a difference in growing our economy faster and creating the kinds of good-paying jobs that help people get ahead. i'll also be pulling together university presidents from all across the country to talk about how we can make college education more accessible to more young people around this country, and we're going to be bringing ceos from across the country in also to have a conversation about commitments they can make to start hiring the long-term unemployed, people who oftentimes have terrific skills, have great work ethic, had wonderful experience, but because of the misfortune of having been laid off or lost their jobs in the depths of a

extremely severe recession, have been out of work long enough and now are finding it's hard for them to just get in the door and make their case to an employer, that there's some screaming mistake for people who have been out of work for more than a month or two and makes it harder for them to get the kind of shot they need. and we're going to try to work with ceos to make a pledge we're going to take a second look at these americans who are very eager to get back to work and have the capacity to do so, but aren't getting the kind of shot they need. so, overall, the message to my cabinet that will be amplified in our state of the union is that we need all hands on deck to build on the recovery that we're already seeing. the economy's improving, but it can be improving even faster. a lot of people are doing better than they were in the depths of the recession, but there's still a lot of folks who need help,

and i am absolutely confident that in 2014, if we're all working in the same direction, not worrying so much about political points, but worrying much more about getting the job done, that we can see a lot of improvement this year and people will look back on 2014 as a year in which we didn't just turn the corner in the aggregate for the economy, but everybody started feeling a little more optimistic about our futures, so i'm looking forward to the discussion and with that, i'm going to kick you all out. actually, it's getting close, so i'll have quite a bit to say about that very soon. >> how will that affect -- >> thank you, guys. >> all right, president obama there with his presidential cabinet, first meeting of the year. as you heard, about six, seven

minutes of his commentary. we still have with us democratic congressman steve israel of new york. congressman, you were listening along with us here. one of the things that stood out from the president, he said he's got a pen and a phone and he was eluding to some of the solutions that might be cobbled together to assist those who are long-term unemployed. is that communication key, and how might that improve the opportunities for this long-term unemployed? he said he might reach out to ceos, he's going to have conversations with them, he's going to reach out to congress. talk about that and what's your reaction? >> it is imperative, richard, the president said i have a pen, a pulpit, a phone, and republicans in the house say that's great, we have our special interest pacs and we will flood the zone with our special interest money to block unemployment insurance, to block an increase in the minimum wage, to stop an immigration bill, to divest from the middle class, so it is critical people understand the next ten months and two

years is going to be about who's side are you on? on the side of the middle class, somebody who lost a job through no fault of his own who needs a bit of a bridge to find another job, or are you going to continue to defend subsidies to big oil companies? this is about the contrast, and i welcome the fight over those contrasts. >> again, we're talking about numbers in the 4 millions when we're looking at these long-term unemployed who are at risk based on what may or may not happen coming from congress. democratic congressman steve israel, thank you for being with us as we were listening to the president just moments ago. got an update on breaking news in new mexico, new details about a middle school shooting. what we're hearing is at eastern new mexico medical center telling us it has received two minors, victims of the shooting at borendo middle school today. no word on the extent of their injuries. the school is in lockdown at the moment.

authorities asking parents to pick up their children at a nearby mall, not at the school. roswell has been rocked by gang violence in recent years and asked homeland security investigations to step in and help with that. we're watching that breaking news and other news throughout the day. stay with us right here on msnbc. [ male announcer ] here's a question for you: where does the united states get most of its energy? is it africa? the middle east? canada? or the u.s.?

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her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪ state of chris christie. new jersey's governor tries to change the conversation today in his state of the state address. the theme is expected to be "working together." that's today's topic for our agenda panel. senior political reporter and politics managing editor at "the huffington post." founder of the wise latina club. good day to all three of you, our agenda panel. starting with you, chris christie proposing a longer school day and year today. we expect in his state of the state address. what do you think, how much

should he address the scandal going on in addition to the other pieces of his platform? >> well, he will have to convince the state legislature, which is run by democrats, of why they should trust him. right now all the stories are coming out is when you disagree with chris christie, there will be payback, whether through his aides, whether through him. that is yet to be seen, but right now, there really isn't a spirit of cooperation and bipartisanship in new jersey, it's all about bullying and retribution. so chris christie will really need to make the case that new jersey is ready for that, and he can sort of overcome all these bullying stories. >> all the bullying stories, see how much he addresses specifically some of these stories and scandals. steve to you, new jersey's mayor saying the meetings with high level officials that were cancelled and they were cancelled within a span of about an hour after he told christie aides he could not endorse

christie during the election. how can christie show this kind of behavior not the norm for him? >> it's a real challenge. i think last week when we saw him at his press conference, he went out of his way to say it was an aberration, completely outside the norm, and yesterday we see these e-mails showing the exact opposite, that, in fact, we have a pattern in which the christie administration exacts retribution on those who disappoint him, the governor politically. i think that creates a larger scandal. it reenforces the fact there's a pattern of behavior that, in fact, raises additional questions about the character of the governor's office. >> and the question is, how long will new jersey voters remember this? viviana, the new poll we've been talking about this hour shows 83% of new jersey voters are paying close attention to the scandal so far. if he runs for president, 2016, will they forget about this by then? >> it's really possible,

richard, and certainly, that's what governor christie would like. the important thing to keep in mind, though, is that two years until the presidential election if we're still looking at chris christie's presidential ambitions is an absolute eternity in political time. in the same time that 86% of new jersey voters are focused on this, only about 18% of national voters were up to date on this. they were more concerned with the cold weather snap. really what chris christie has to do going forward is be 100% transparent. if that means, for example, opening some kind of independent commission to have a parallel study to the different inquiries that are going on, go ahead and do that. the second thing he needs to do is give out a big dollop of humility. he would be very well served to show acts of humility, which is connected to the third thing he should be doing, and that has to do with getting the job done. last week he resigned the dream

act. going forward today he's talking about the state of the state and some education, public safety initiatives. that's the kind of stuff that's going to play well at home with new jersey voters and nationwide, richard. >> either more uphill or downhill for him. let's switch gears and talk about president obama. we were just listening to comments he made before his cabinet meeting, two weeks away from his state of the union address, as he eluded to. he's meeting with his cabinet at the moment and has a warning for congress i want to replay for you. take a listen. >> one of the things i'll be emphasizing in this meeting is the fact that we are not just going to be waiting for legislation in order to make sure that we're providing americans the kind of help that they need. i've got a pen and i've got a phone. >> pen and a phone. steve, how far can he take his agenda forward without the help of congress? executive orders notwithstanding. >> yeah, he tried this before in

2012. he had a campaign in which he thought he'd launch a series of initiatives belt around executive actions and executive orders. to be sure, they were worthwhile ideas, but in general when push comes to shove, real change comes by way of major legislation and that means he'll have to rely on a do-nothing congress. that's a real challenge. republicans have shown no interest in job creation, no interest in economic growth. the president wants a year of action, it's going to be a tough hurdle to get congress to do its job. >> you were listening to that perhaps, as well, amanda, the president saying he's going to talk about the cabinet, talk about helping everyday americans, help the middle class, he's looking at the economic schedule going forward and he's going to be doing events related to that. if the president does undertake more executive orders and such things, if he doesn't wait, does he face more supreme court response as we have seen so far? >> he absolutely could, and i think that there will be groups

trying to challenge him on that, but i really don't think the president has much to lose in doing this. what will happen, congress and the republicans in congress won't go along with him and will try to block him at every step. i mean, that worst-case scenario is already playing out for the president, so a lot of progressive groups have really wanted president obama to do a lot more, saying, look, congress is not going to go along with you. the republicans have said that their mission is to block you, so you need to get a lot more done on executive actions and with your presidential authority, so i think right now he should be doing as much as possible because not much is going to get through congress. >> and family members, democrats who have been watching the long-term unemployed as well as the economy itself here, viviana, they have been wondering if democrats had done enough given the bipartisan budget deal that was made last year and it did not include the extension of things such as the long-term unemployment benefits. what does a president need to do in his state of the union

address to show americans and republicans that, you know, he wants to get this done as the leader of his party? >> and that's exactly it, richard, it comes down to the fact that the president is the leader of the party and he has probably one of the most powerful, if not the most powerful bully pulpits in the world, which is his seat of power as the american president. it is true that he does need to have legislation pass through congress and needs to collaborate with congress, that's not going to happen right now, especially the closer we get to 2014, certainly closer to 2016. but on the case of immigration, he was successful with executive action in the form of daca that gave reprieve to dreamers, students, undocumented students, who wanted to not live under the fear of deportation in order to continue studying for the next couple of years or so. this would go forward. it is true what steve says, executive action does not have the force of law and certainly not the staying power of law, but in the case of immigration,

for example, pressing the pause button on deportation, something he can do, according to many advocates in the community, this is something that will give reprieve to millions of families. >> and the power of signaling, as you're eluding to there. amanda turkel, viviana, steve, be sure to tune into the chris christie state of the state address, 3:00 eastern, msnbc, we'll be covering that for you. the new health care numbers are in. opponents of the president's reforms have pounced on this number, 24%. that's the proportion of enrollees described as young invincibles. critics want 40%. they believe that number is what will keep the program on budget and on course, otherwise, consumers will be hit with premium hikes starting next year. joining us now, zeke emanuel of the university of pennsylvania, physician and expert on the health system, often described

as the architect of the affordable care act. great to see you here, zeke. several times you and i have had a chance to speak on this subject. hope you're having a good day. >> nice to be here, yes. >> you heard what i was saying, uninvincibles, 24% of the unrow l -- enrollees, what number do you need for the affordable care act work? >> a quarter is probably good enough, but you would like to see more of them come in for two reasons. one is, the pool to make sure you have enough healthy people balancing off older and sicker people, but also for their own benefit. i mean, remember, one of the reasons we're interested in health care and health insurance for people is to make sure they get some preventive test, but also if a disaster happens, they have coverage. so it's a benefit to them. >> why do you say 24% is good enough. what does good enough mean? >> well, the real question here,

is the pool the right mix between healthy and sick, it's not really an age-related question, it's the amount of utilization that will keep premiums down, that you won't get so many people using so many services that premiums will have to go up next year and persuade people from buying insurance because it's too expensive. you want healthier people and young people tend to be healthier, that's why we're focused on young people. what we don't know, what proportion of this group is pretty healthy and isn't going to use that much resources, versus what proportion have chronic illness. that's the real number we want. that's the number we don't have. but studies have shown that about 24% will be pretty good. you would like it, again, up and we'd like it, everybody would like as many americans to be insured as possible. >> sure. let me put this in comparison, 24%, same number that massachusetts had three months after its program launched in '06, as you know. a look at some of the states

right now shows that young people account for 30% of enrollees in new york, 27% of enrollees in maryland and virginia, 44% in washington, d.c. so really hitting those numbers that you say are needed and are better. what does that tell you in those examples what's happening? >> well, i think you have a very different response across the country, part of that is advertising, part of that is ease of use of the website. and i do think as we progress we know that young people who are healthy sort of put this at the back of their mind and tend to sign up like they do a lot of things sort of at the last minute, but the fact that some states like new york can really get to a high number suggests there is latent interest, and what we really have to do is stimulate that interest, advertise, and really inform these people they are going to get cheap rates because of the subsidies and that's something almost all the polling suggests they still haven't fully absorbed. >> what letter grade do you give

the performance so far given the data? quickly, we got to go. >> i think we're at a "b," "b-plus." we had a "d" rollout of the website, but i'm expecting this to improve towards the march 31st deadline. i don't look at these numbers until right after march 31st. that's going to be the key moment when we look at the real numbers. >> thank you so much, zeke emanuel, for your time as always. developing now, president obama will soon meet with the pope. that's the word today from secretary of state john kerry, who made the announcement while visiting the vatican today. the president will make his trip to the holy city. kerry met with the pope to discuss the obama agenda for the visit. kerry saying he was pleased to know the pope will continue to speak out about peace in the most middle east. today's pick, back at haters after sunday's golden globes.

critics started writing nasty tweets about her appearance and gabby spoke out, i'm mostly definitely cried about it on that private jet on the way to my dream job last nigh night, #justkidding. you can check out more of her red carpet pictures. there's a link on my facebook page. ♪

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subpoena power to find out what really happened. >> our family, we want answers. >> for the family of former florida a&m football player jonathan ferrell, the last few months have been agonizing. >> he was one of the most kind people you would want to meet, and they haven't given me any answers. >> they just filed a wrongful death lawsuit against officer randall kerik, the charlotte police chief, the city, and the county. according to the lawsuit, despite being completely incapacitated and mortally wounded, mr. ferrell was then handcuffed with his hands behind his back as he laid dying on the ground. >> i'm at a loss. >> in mid-september, police say ferrell crashed his car, then walked to the nearest house and banged on the door for help. the woman inside thought it was a burglar and called 911. when three officers arrived, police say ferrell ran towards them and officer kerik fired 12

shots, hitting the unarmed ferrell ten times. the family's attorney says ferrell could not have posed a threat. >> i'm looking at the trajectory of the bullets, they are down and at a angle. means ferrell was down. >> kerik was charged with voluntary manslaughter less than 24 hours later. his attorney had no comment about the civil lawsuit, but earlier, he said this about the criminal case. >> we're confident that the resolution of this case, it will be found that the officer's actions were justified on the night in question. >> since then, the family has grown frustrated and the police dash cam video has not been released, still, they've forgiven the officer. >> we still have to forgive. we learn too much and been through so many different things. this is something else god has put us through and it would make us stronger. >> neither the charlotte police department, nor the city, nor the county have commented so far

on the civil lawsuit. meanwhile, the north carolina attorney general's office just announced that the criminal case will head to a grand jury later this month. richard? >> nbc's gabe gutierrez charlotte. thank you so much. >> following developing news overseas this hour. four people dead and 14 injured we're learning just hours after polls opened in egypt. it is the first day of votes there and a key test on a draft constitution by the military backed government since the ouster of the former president mohamed morsi. ix. he knows every beat, every note, and every word to danny's songs. [ felix meows ] and danny knows exactly how to keep his lifetime fan, going strong. because he knows cats need meat, and it's why he only feeds him iams. with 2 times the meat of other leading brands. to keep his body as strong as a love that never misses a beat. iams. keep love strong. with 2x the meat. love the iams difference or your money back.

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former virginia governor couldn't leave without a prank for his successor. when new governor terry mcauliffe took his first bathroom break, here's what would greet him. a massive stuffed bear of the governor's privacy office

bathroom. he left a known with it saying it can get really wild in the governor's mansion. wouldn't he know it as he left office under investigation for a gift scandal. not that bear. a wyoming lawmaker is pushing to bring back the firing squad as a mean for killing death row inmates. if lethal injection isn't available, building a gas chamber would cost too much and considers that a crueller method. several states are running short of chemicals uszed for lethal injection. utah used firing squads in 2010. taking heat after reports that a wealthy donor helped them draft legislation that would cut the donor's child support payments, republican representative joel clayfish says he does a lot of legislation with help from many constituents and it makes no difference if they are donors or not. we reached out to his office ourselves for comment, but so

far have not heard back. when you're not running for president you've got nothing to lose. why not dance gangnam style. showing off his version of the viral dance, he was doing it while attending a conference for young -- in arizona. that wraps it up for this hour. i'll see you back when we return at 11:00 eastern. i could keep -- couldn't take my eye off of that. >> it's a tough one to take your eye off. thank you, richard. we continue to follow breaking news in new mexico. there was a shooting at the middle school. we have an update on that story. chris christie's state of the state address coming up, how much time is he going to spend talking about the bridge scandal? and abortion rights under

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from liberty mutual insurance. total your car, and we give you the money to buy one a model year newer. learn about it at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? good tuesday, i'm craig melvin. we start with breaking news we continue to follow in roswell, new mexico, police are investigating a shooting at berrendo middle school. two minors apparently victims in that shooting are being treated at the local hospital. we still do not know precisely how many people were hurt. but we can tell you that the suspect was arrested this morning, all of this according to police. the school itself is on lockdown. right now children are being bussed over to roswell mall. authorities are asking parents to pick up their children there. kob tv talked to one of those parents as she waited at the

mall for her child. >> it was scary, i got a call from -- and from where i work and i was at home and i just got it my car and came here. we're just grateful, with their fast reaction in getting there and taking care of what they had to take care of. not knowing is scary. we just -- can't believe what happened here. >> worried parent there. police are planning to hold a news conference in about three hours we're told. amy voguelesang a reporter for the "ros well daily record" what can you tell us about the students' conditions? >> we haven't had a lot of information released to us. two confirmed in the hospital and one in l