workers there is no question inter. lori wallach, great to have you with us. we will do this again there is no bigger story in america when it comes the jobs and the recovery of our economy and our future than the tpp. that's "the ed show." i'm ed schultz. "politicsnation" starts right now. good evening, ed. thanks to you for tuning. in tonight's lead, federal inquiry. it's been a day of important developments in the investigation of governor christie's administration. the u.s. attorney in new jersey took steps to determine if federal laws were broken in closing access lanes to the george washington bridge. u.s. attorney paul fishman issued subpoenas to key aides and allies of governor chris christie, demanding documents related to lane closings, dating all the way back to 2010. among those receiving subpoenas,

bridget kelly, the former deputy chief of staff who sent the e-mail, "time for some traffic problems in ft. lee." david wildstein, the bridge official who replied "got it." and bill baroni, wildstein's boss, also subpoenaed, the christie for governor reelection campaign and the new jersey republican state committee. a lawyer for those entities says the documents will be forthcoming. quote, the campaign and the state party intend to cooperate with the u.s. attorney's office and the state legislative committee and will respond to the subpoenas accordingly. now this is now a full federal inquiry, even as new jersey lawmakers continue to pursue their own investigation into the lane closures and the allocation of hurricane sandy aid to hoboken, new jersey. as i stated, these federal

subpoenas are a preliminary inquiry to learn if a crime has been committed. but there is no question they up the stakes in the question of misconduct by people close to the governor. and possibly even the governor himself. joining me now is former u.s. attorney kendall coffey and nbc news national investigative correspondent michael isikoff. thank you both for being here. >> thanks, rev. >> good to be with you. >> kendall, you were telling one of my producers there is no such thing as a casual inquiry like this, a subpoena like this from the u.s. attorney. what is the significance of these subpoenas? >> well, this is very significant. it means first of all, that some determination has been made at a high level. hard to think, by the way, that eric holder read about this for the first time in the newspapers. this kind of thing runs all the

way up to the top of the justice department at some level of approval ratification. at a very high level, determination has been made that is there is federal criminal jurisdiction if allegations and information that is being review candidate be proven. that by itself is a major development. because now we're not just talking about a legislative committee. and that's serious business, or even the threat of state prosecution, which is certainly plenty to worry about. when you're thinking about the feds with the enormous powers they have looking your way, it's bone-chilling, reverend. and i think we have to acknowledge that no matter how this turns out, this investigation is not turning to the finish line any time soon. to the contrary, it's feeling like the floodgate is opening investigatively on bridgegate. >> what do you see the last couple of days, michael isikoff, what does it mean in terms of the developments that seem to be

building rather than retreating? >> yeah, well, look, paul fishman, the u.s. attorney is moving forward on all fronts. we reported last night that fbi agents have already begun questioning witnesses in hoboken about the allegations of mayor zimmer talking to her chief of staff, questioning her communications director, and others who have information about the allegations that zimmer made. and now simultaneously, he is moving forward on the bridgegate matter and issuing these subpoenas. it's pretty clear in ways that it wasn't just a week ago that this is being taken quite seriously by the u.s. attorney. and it doesn't -- one thing that's interesting here, and i would be curious to get kendall's reaction to this is that the subpoenas i'm told which are document subpoenas for

all documents, e-mails, communications, do not cite specific federal statutes because that's been one of the question marks about this. what crime or what federal statute might be implicated here. and they don't cite any, which could mean that they don't really have a theory of the case at this point. they're looking for the evidence and then will develop their theory afterwards. >> well, kendall, you worked as a u.s. attorney. when they're not looking for a particular theory, that could also mean that if they come up with something in a broad scope that may not have been what we all are talking about, it still becomes fair game for them to go in and go after? >> absolutely. they don't want to limit themselves. this is not idle curiosity. they're not going to issue subpoenas in a matter of this gravity given the enormous importance in the high stakes.

simply because somebody thinks a law was violated somewhere. they simply don't know how the facts are going to play out. because, for example -- >> the committee and the campaign? why those two entities? >> well, we don't know that. and it's difficult to know. but if -- to give you one scenario, if they're looking at federal laws that examine interference and obstruction of interstate commerce, by the way, shutting down access to a bridge would fit that like a t, and extortion within the meaning of state law, they could be looking to see whether there is a series of schemes and some level of bullying across the line to extortion in order to marry the federal predicate of interstate commerce and interfering with interstate commerce with might be a predicate of state law obstruction. lots of other things they could be looking at. for sure this is not the most

obvious federal crime we've ever seen. but believe me, this is beyond just wondering and wishing and hoping. they've got some definite theorys in mind. we have to see how the facts crystallize. >> michael, tell me why bill stepien has not been -- why he has not been subpoenaed. bill stepien -- >> he has been subpoenaed by the state legislative committee, and we simply don't know whether he has been subpoenaed by the u.s. attorney's office yet. that would -- the u.s. attorney is not going to comment and it would require confirmation from him or his counsel. but at this point we do know that stepien is a key player. he is the reason that the reelection committee has been subpoenaed. he was the campaign manager. his name are on the e-mail trails that we've seen. he is commenting back and forth with bridget kelly and david wildstein about the lane closures and how to respond to them.

so he is in a sense in the middle of it. and he is one of those who christie let go as soon as he learned -- as soon as he saw those e-mails. you know, there is a clear connection there. and what most likely is going to happen here -- i've talked to some source on this already -- is that his laptop, campaign laptop would be in the custody of the campaign and any smart phones he used, and they will be turned over as a result of this subpoena. >> kendall, i want to ask you about what david wildstein's attorney said to the media last week. quote, if he has immunity from the relevant entities, he'll talk. now today we know wildstein got a subpoena from the u.s. attorney as a former federal prosecutor, would that statement

about immunity trigger your curiosity in an especially forceful way? >> well, it does. he is signaling, i think almost inviting some to say give me some form of immunity, and i will talk, and i will have things to say that might be of interest. now, there could be a completely different interpretation. but that is certainly one interpretation you draw from that. bear in mind, though, that you have two different jurisdictions here. and even if you get immunity from one, what about prosecution under the other? so you've got a complicated kettle of fish here. >> michael isikoff and kendall coffey, i'm going have to leave there it. thank you for your time tonight. >> thank you. >> thank you. still ahead, gop's rebranding fail. wait until you hear what mike huckabee is saying about women and their libidos. also, remember the new mexico case, the police officer fired for shooting at a van full of kids?

well, he is sorry and he is speaking out. >> i couldn't believe that there was that many children in there. if i knew that there was even one child in that vehicle, i wouldn't have done it. and justin bieber is free tonight after being arrested for dwi and resisting arrest. was it fair? will he get special treatment? we'll talk about it in our justice files. big show tonight. stay with us. imagining, on expedia you can book any flight, car and hotel together to save even more. plus, get an extra $100 when you build your custom trip. expedia, find yours. i takbecause you can't beatrning for zero heartburn. woo hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years.

one pill each morning. 24 hours. zero heartburn. over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia and the southbound bus barreling down i-95. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had the power to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did. in a little dorm room -- 2713. ♪ this magic moment ♪ bulldog: oh boy! bulldog: mattress discounters presidents day sale! what's this? a queen-size sealy gel memory foam mattress for just $497? mattress discounters has the largest selection of memory foam mattresses under one roof! comforpedic, icomfort, optimum... and wow! four years interest-free financing on the entire tempur-pedic cloud collection. [yawns] don't miss the presidents day sale.

♪ mattress discounters coming up, "politicsnation" justice files. in north carolina, why did a grand jury refuse to indict a police officer who shot an unarmed student athlete ten times? and in florida, it's bieber mania. he is charged with a crime.

will he get special treatment? and who decides? that's ahead. back pain? try bayer back and body. it's bayer aspirin plus a special pain relief booster, to relieve sore backs and soothe aching muscles fast. get moving again, with bayer back and body. like a ramen noodle- every-night budget. she thought allstate car insurance was out of her reach. until she heard about the value plan. see how much you could save with allstate. are you in good hands? see how much you could save with allstate. it says here that increases at the age of 80. helps reduce the risk of heart disease. keep heart-healthy. live long. eat the 100% goodness of post shredded wheat.

doctors recommend it. i've got a pen and i've got a phone. and that's all i need because with a pen, with a pen i can take executive actions. with a phone i can rally folks from around the country to help grow the economy and restore opportunity. >> restoring opportunity. president obama has made inequality the central issue of his second term. and tuesday night it will be the focus of his state of the union address to the nation.

today a new poll showed once again the american people fully support the president's fight against inequality. 82% think the government should act to reduce poverty in america. 82%. and 69% think the government should try to reduce the wealth gap between rich and poor. this is a complete repudiation of the republican view that government should do nothing, that we shouldn't try to level the playing field and give everyone a fair shot. in fact, on policy after policy, americans want the president's solution. 73% say we should raise the minimum wage. 63% want toxtend jobless benefits for the unemployed. and 54% want to raise taxes on the wealthy and corporations. republicans oppose all of those

solutions. they're standing in the way of progress. they're keeping people down. it's time for these republicans to listen to the american people or get out of the way. joining me now is congressman emanuel cleaver, democrat from missouri. chairman cleaver, thanks for being on the show tonight. >> good to be with you, reverend. >> do your gop colleagues not understand they're on the wrong side of public opinion or they just don't care? >> well, some of them understand it, and i think these new numbers that you cited should cause some movement. but you have to understand that those who are in these newly drawn, extremely conservative districts know that the people in those districts in many cases will vote against our best interests. in other words, they'll put them in and then ask them not to vote for programs that they actually need. and i think that we've got to put enormous pressure on the federal government, because the american public does not like

the fact that 46 million americans live in poverty. this is the united states of america. and the president is right to address this issue. i want to just say hallelujah to what he is doing. >> yeah. >> he is not trying to, you know, fix the blame. he is trying to fix the problem. and i am going to be right there with him. i think the majority of the american public is willing to put pressure on him if we can create the atmosphere for them to do it. >> well, let me raise this point to you, though. in a pugh poll, the question was raised why are people poor. i was stunned. 51% of republicans say lack of effort. i had to ask myself, mr. chairman, where did they get that from? and when i thought about right-wing pundits praising the rich because they actually work, i thought about maybe this is where it's come from. listen to this.

>> the wealthy, the rich, the achieved ought to be the role molds for everybody. >> so how does the rich really make their money? how do they do it today? how did they do it in past? my hard work. >> why income inequality exists didn't really take us to the fundamental point, which is that it exists as a function of the genius of the american enterprise. >> the country would be far better off if more people actually lived the way the top 20% do. if they actually worked like the top 20%. >> now, mr. chairman, i know a lot more poor people and lower in terms of the economic strata and lower middle class people than i know rich people. and they work very hard. so, i mean, i don't understand this notion. >> it is so sad what i just heard. you know, and right now, particularly after the end of the recession, the rich are getting richer, and the poor are

getting blamed for not getting richer. and we simply are unwilling. there are people with this mind-set which says i will not accept the fact that jobs have disappeared, that we have had some fundamental changes in the u.s. economy. and there are millions of americans who would get up every single day and work hard to provide for their families. i grew up in public housing. i don't know anybody who loved to be poor. and there is this theory out here, it's wild and crazy, that somehow poor people like being poor. i grew up with poor people. >> right. >> i was one of them. and i don't know anybody who liked that. but when you are refusing to give people the hand up, then we're going to maintain a lower level of economics for a certain group of people. we need to help people. that's what the federal government can do. >> well, i couldn't agree with you more there.

you know, today former presidential candidate and fox news host mike huckabee spoke at the rnc winter meeting. and once again he suggested that single moms are to blame for poverty. listen to this. >> if we really want to deal with poverty, the most important solution is stable families, marriage. we would much rather the children of america be raise bade mother and a father rather than being raised by uncle sam. >> there are mothers and fathers that live in poverty that are married together. i mean, there is no magic economic wand to having a marriage situation. >> well, reverend, one of our good friends, reverend ct vivian. >> civil rights icon. >> recently met with a group of workers who go to work every day. one young lady goes to work every day and goes to community college in the evening, and she is married and her husband

works. and they are still qualifying for food stamps, because she works at a fast food restaurant. she is very good. she is there every day, and stays up half the night trying to be prepared for school. there are millions of americans doing that every day. my mother, my father sent my mother to school when i was in the eighth grade. and people are struggling and willing to do a lot of things to make it. but they need a little help. and if the federal government can't help, then there is something dramatically and perhaps irreversibly wrong with this country if we can't help those who need help. >> well, chairman cleaver, i can say you and i both are ministers and so is mike huckabee, but on this issue i join you in giving my hallelujah to the president. chairman cleaver, thanks for your time tonight. >> good to be with you. still ahead, gop rebranding fail. just wait until you hear what fox news host mike huckabee said about women and their libidos. also, the gop's state of the

union curse. last year's victim was marco rubio. who will it be next tuesday night? plus, is bieber mania. justin bieber is a free man after being arrest and charged with dwi and resisting arrest. tonight justice files ahead. [ male announcer ] legalzoom has helped start over 1 million businesses.

if you have a business idea, we have a personalized legal solution that's right for you. with easy step-by-step guidance, we're here to help you turn your dream into a reality. start your business today with legalzoom. [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. heartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! [ ship horn blows ] no, no, no! stop! humans. one day we're coming up with the theory of relativity,

the next... not so much. but that's okay. you're covered with great ideas like optional better car replacement 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? that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they could save you in out-of-pocket medical costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and virtually no referrals needed.

join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. it's that time of year again. time for the gop to select one of its rising stars to respond to president obama's state of the union. but sometimes it's hard to tell if this honor is more of a blessing or curse. in 2009, it was louisiana governor bobby jindal. a absolute disaster that turned

out. his star hasn't exactly shined brightly since then. 2010, virginia governor book mcdonnell took the stage. he was just indicted on federal charges. how about paul ryan in 2011? we know what happened to him on the romney ticket. then there was indiana governor mitch daniels, who spoke in 2012. he's out of politics now. and last year, who can forget this all-time classic. it was marco rubio with the sip of water seen round the world. i can't get enough of that water bottle reach. so who have the republicans bestowed the honor upon this year? it's congresswoman kathy mcmorris rogers of washington. in a fundraising letter last month, she said democrats, quote, had no interest in working with republicans. and they're, quote, openly

hostile to american values and the constitution she is also the highest ranking republican woman in congress. i wonder what that's all about. more on that next. culousness... from fashion that flies off the shelves. and you...rent from national. because only national lets you choose any car in the aisle... and go. and only national is ranked highest in car rental customer satisfaction by j.d. power. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like a pro.

♪ no need to chuck, donate or burn them ♪ ♪ just pack them in our flat rate box ♪ ♪ we'll come to your door and return them ♪ ♪ gifts you bought but never gave away ♪ ♪ or said you liked but thought were cheesy ♪ ♪ you don't even need to leave your house ♪ ♪ we'll come and take them, easy-peasy ♪ [ female announcer ] no one returns the holidays like the u.s. postal service. with improved priority mail flat rate, just print a label, schedule a pickup, and return those gifts at a same low flat rate. cozy or cool? "meow" or "woof"? everything the way you want it ... until boom, it's bedtime! and your mattress a battleground of thwarted desire. enter the sleep number bed. designed to let couples sleep together in individualized comfort. he's a softy. his sleep number setting is 35. you're the rock, at 60. and as your needs change over time you can adjust your bed to sleep better together. 48-month financing available through february 2 only at your local sleep number store.

find your sleep number setting and know better sleep. hi. jessica! you said in a focus group, "you'd like to have a product oh! that eliminates odors and doesn't just mask them." oh my gosh, come on in. we're looking for the smelliest area. i have not cleaned the cat box in probably about two weeks. ♪ [ male announcer ] febreeze doesn't mask odors, it actually eliminates them. we are ready to check out this room. [ sniffs ] it completely took the odor out. it smells really clean. [ male announcer ] don't just mask odors,

eliminate them with febreeze air effects. as we mentioned a moment ago, big news today from the gop. party leaders announced washington congresswoman cathy mcmorris rodgers, the highest ranking woman in the gop will deliver the republican response to the state of the union. this year the gop wants the public face of the party to be a woman. they realize the party has an image problem. after all, in recent years republicans have tried to roll back abortion rights. they've attacked contraception, and they fought against equal pay. really? what else could they do to alienate women? let's check in with fox news host and former presidential candidate mike huckabee today at

the rnc's winter meeting. >> the democrats want to insult the women of america by making them believe that they are helpless without uncle sugar coming in and providing for them a prescription each month for birth control because they cannot control their libido or their reproductive system without the help of the government, then so be it. let us take that discussion all across america, because women are far more than the democrats have played them to be. >> it's almost as if the gop is taking its talking points from rush limbaugh. well, they are. >> look at what they're doing to women with their policies. i mean, they're demeaning them. >> the democrats want to insult the women of america. >> they're turning into nothing but abortion machines. >> they cannot control their libido or reproductive system without the help of the government. >> unable to go to bed unless the government gave her birth control. >> they're hopeless without uncle sugar coming in and

providing a prescription each month for birth control. >> it's great the gop is having a woman deliver the response to the state of the union. but with talk like this, there is still the same old gop. joining me now are angela rye and mark hannah. thank you both for being here. >> thank you, rev. >> thank you, rev. >> angela, isn't mike huckabee talking about women's libido the last thing this party needs? >> but it's the first thing we should expect. there is absolutely nothing new under the sun, rev. we have seen them time and time again stay in women's va-jjs. i don't know why they continue to talk about reproductive health when they have no idea how to message this right. we're talking yesterday was the anniversary of the roe v. wade decision. and this is what they have come up with. i just really want them to find some other talking points, because this is absolutely the wrong road for them to go down. whether cathy mcmorris rodgers from the great state of washington or some other person,

woman or not is delivering the state of the union response for them, they just need to have better answers. >> mark hannah, i know you don't want to go there with the references that angela made. i'll call her pastor after the show. but your thoughts about all of this? >> my thoughts are that putting a female congresswoman out to respond to the president's state of the union isn't going to paper over decades of public policies that have been disastrous for women. and frankly, mike huckabee up there talking about women's libidos, it's -- listening to mike huckabee and rush limbaugh is enough to allow women to control their libidos. look, i think that the governor is -- if the governor is going to be the spokesperson for republicans on public policies geared toward women, then democrats have nothing to worry about being the staunch supporter, about being the party that staunchly supports women's issues. and, look, after mitt romney

lost back in 2012, the republican party did a lot of soul-searching and was finding ways it could be more inclusive. it discussed immigration reform and talked about needing to win over, you know, somebody other than old white men. and there has been a lot of lip service given to this. right now they're shooting themselves in the foot if they're going to make abortion a central issue of the next campaign with the national security threats that we face, the economic instability and insecurity people face. nobody wants to talk about abortion. >> what is so interesting, they know they have a problem. they took it on task last march. but let me show you something else that huckabee said today. let's go back to huckabee at the winter rnc meeting. >> the republicans don't have a war on women. they have a war for women. for them to be empowered to be something other than victims of their gender. women i know are outraged that the democrats think that women are nothing more than helpless and hopeless creatures whose

only goal in life is to have the government provide for them birth control medication. >> angela, you're a democrat. do you feel victimized? >> no. i feel victimized by people that don't even know how to speak to me. i feel victimized by the fact that here we are almost a year later with an autopsy report, and there are still no solutions, the fact that that party and their message is still dead. so they can continue, rev, to try to change the messenger. they're putting black people in communities, they found people that would work for them to go into these communities that are low income, more youth targeting and all of that. but their message hasn't changed. the problem is what they're saying. i don't at all feel like a victim. >> let me talk to you a minute about their messaging. huckabee is not the only one, mark hannah. gop congressman steve pearce has a new book out. this is what he writes in the book, quote, the wife is to voluntarily submit, just as the husband is to lovingly lead and

sacrifice. the husband part is to show up during the times of deep stress, take the leadership role, and be accountable for the outcome, blaming no one else. i mean, is this the kind of talk most women want to hear in 2014, mark hannah? >> absolutely not, reverend. and look, to be fair, this is how some people in our country think. you know, the book excerpt you just showed. those people are already going to vote republican. the vast majority of people that want to see equality between the sexes, that want -- that see reproductive health as a fundamental rights issue and a health care issue and not necessarily this polarized political issue. the vast majority of those people are finding those common sense solutions with democrats, not necessarily with somebody like mike huckabee. and don't forget, remember when todd akin made his comment about legitimate rape. mike huckabee went on his radio show and tried to prop up todd

akin. he has not a very good record when it comes to supporting candidates who have just put their foot in their mouth when it comes to saying offensive things about women and women's health. >> but angela, they want -- let's not forget this is an election year, the midterm elections. they want to rev up their base there is a lot of their base that gets revved up with this kind of talk. >> i think that's absolutely right. the thing we have to know is even if they move the primary up, that doesn't preclude a john mccain from winning the nomination. it doesn't preclude a mitt romney from winning the nomination. because regardless, again, of who the messenger is, the problem really is the policies that they promote. so once they get out of that primary season, whether it's earlier or later, they're going to still have to face the rest of the american people, and therein lies the problem. they just can't stand. >> talking about the 2016 primary calendar, the national journal reports republican officials are also exploring new guidelines to cut down on the number of primary debates and to move up their convention to

early summer. now, they want to cut the number of republican debates. i wonder why. well, let's take a stroll on memory lane. maybe we'll figure out why. >> it's three agencies of government when i get there that are gone -- commerce, education, and the -- what's the third one there? let's see. >> 999 will pass. >> we went to the company and said look, you can't have any illegals working on the property. i'm running for office, for pete's sake. we can't have illegals. >> my 99 plan. >> i tell you what, 10,000 bucks? $10,000 bet? >> i'm not in the betting business. >> i can't. the third one, i can't. sorry. oops. >> yeah, cutting those debates might not be a bad idea. i'm going to have to leave there it. angela rye and mark hannah, thank you both for your time tonight. >> thanks, rev. >> thank you, reverend. coming up, the story that

has everyone talking today. justin bieber spends hours in jail, arrested, charged with drunken driving, and resisting arrest. but he is a free man tonight. was it fair? and the police officer who shot at a van with five kids inside is breaking his silence. stay with us. as a working mom of two young boys life could be hectic. angie's list saves me a lot of time. after reading all the reviews i know i'm making the right choice. online or on the phone, we help you hire right the first time. with honest reviews on over 720 local services. keeping up with these two is more than a full time job, and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today. anybody have occasional constipation, diarrhea, gas, bloating? one phillips' colon health probiotic cap each day

helps defend against these digestive issues with three types of good bacteria. i should probably take this. live the regular life. phillips'.

"stubborn love" by the lumineers did you i did. email? so what did you think of the house? did you see the school ratings? oh, you're right. hey babe, i got to go. bye daddy! have a good day at school, ok? ...but what about when my parents visit? ok. i just love this one... and it's next to a park. i love it. i love it too. here's our new house... daddy! you're not just looking for a house. you're looking for a place for your life to happen. where does the united states get most of its energy? is it africa? the middle east? canada? or the u.s.? the answer is... the u.s. ♪

most of america's energy comes from right here at home. take the energy quiz. energy lives here. yeah? then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands?

. it's time for "politicsnation's" justice files. the big criminal justice stories, and we have both sides covered. joining me now is darrin kavinoky, and he is a criminal defense attorney. and faith jenkins, a former prosecutor. thank you both for being here. >> thank you. >> thanks, al. >> we start tonight in charlotte, north carolina where a partial grand jury refused to indict police officer randy carey for the shooting death of jonathan ferrell. last september jonathan was driving home late at night when he crashed his car. he went to a house to ask for help. the woman inside thought he was a burglar and called 911. when police arrived, officer kerik fired 12 bullets at him, killing him.

the attorney general plans to resubmit the charges, saying the grand jury was missing jurors. usually there are 18 people present, but this time there were only 14. this was how it was covered by the local reaction. >> 34 years i've never seen a no true bill on something like this. >> we're shocked, disappointed. >> the grand jury choosing not to indict is extremely rare. he says the grand jury is not deciding guilt or innocence, only probable cause. >> did a crime probably occur and did the defendant probably commit the offense? that's sort of the cliff notes version of what probable cause is. >> there should be a series upbrew in this city in every community and every church. >> faith, should v there have been an indictment? there. >> should have been. i was very surprised that there wasn't based on the facts of this case. i'm sure that the jurors were even shown the dash cam video that showed jonathan ferrell didn't have a weapon in his hand from what we've been told.

i think in a case like the prosecutors have to go back and look. the case wasn't dismissed so, they can go back to the grand jury with additional facts, additional evidence. and they have to in a case like this. even when the police department says this was an unlawful shooting, that deadly force wasn't necessary, when the police department have washed their hands of this guy and said that, then you know something is seriously wrong when the grand jury doesn't listen to the evidence and decide the case correctly. >> darren? >> well, experienced criminal lawyers know that when it comes to grand jury practice that there is a saying, that the grand jury would indict a ham sandwich if the prosecution asked them to. so it's highly unusual that we didn't get that. and to me that suggests some political agenda afoot here, especially where the police department has already come out and said, hey, this was a bad shooting. but what is so interesting is that in criminal cases, in litigation in general, it's not always a dispute over the facts themselves, but it's what the fax mean that's the interpretation. and that's what we're going to have to dig into here.

>> when they say that there were only 14 in the grand jury room is usually 18, and nobody has explained why there is only 14. but i can't even understand given the facts. we had the mother-in-law on this show. why any amount wouldn't see at least that there, again, they're not saying that there is guilt here there, but is probable cause to go to trial here. i don't understand. >> probable cause just to go forward with the case. and the number -- because there were just 14 grand jurors, that doesn't bother me so much because sometimes grand jurors will miss a day or two here. that didn't bother me as much. when you look at the spectrum of force that police officers have and all the other things that this officer kocoul could have besides use deadly force, that what makes this case so egregious. i have to move on to the story that everyone is talking about. pop star justin bieber. he was arrested at 4:00 in the

morning while drag racing in miami beach. you can see him smiling in the mug shot. police said bieber told them he drank alcohol, smoked marijuana, and took prescription drugs. earlier today he appeared before a judge who set bieber's bond at $2500 on charges of dwi, driving with an expired license and resisting arrest. police believe bieber was racing his friend. this video shows bieber behind the wheel of a rented yellow lamborghini he was pulled over in. bieber left jail this afternoon in a circus atmosphere, waving to the crowds before driving away in an suv. darren, what do you make of the charges? was it fair? >> well, they seem to be fair charges. but what i really make of this is justin bieber is his own worst enemy right now. and to put this in context, this is just shortly after that egging incident in calabasas.

>> where he was supposedly throwing eggs at a neighbor's house? >> not to make light of it, but causing $20,000 worth of damage, which makes it a felony. we're seeing ongoing misbehavior and arrogance on his part. and that's what causes me the greatest concern. he is about to go full lindsay lohan here, and somebody needs to rein this guy in. >> the series of crimes he committed allegedly last night, not only were a grotesque violation of the law, but showed a complete disregard for the safety of others. and i think if you took justin bieber out of this situation and you put any of us at 19 years old in miami, florida, committing those crimes that he did last night, we would still be in jail in miami tonight. >> that's the question, darren. i mean, i've worked in miami civil rights work, we have part of our group there. a young 19-year-old from miami gardens would not get just $2500 bail given all of those charges. >> hang on.

i actually have to take charges with that. because in criminal case there's is usually a bail schedule that sets forth if you're charged with this crime, this is the bail amount. and so i don't think this is an example of celebrity favoritism. look at justin bieber. the money means nothing to him. >> it wasn't just the dui. it was the combination of crimes. they blocked off a residential neighborhood street and were drag racing. that shows a level of intent and preparation for someone who has been drinking and doing drugs all day. it's particularly egregious. and darren, listen to this. there are reports that his father was with him. so it's not like the judge released him and said hey, he is under proper influencing guidance. let's release him and let him go back home. the reports are his father was in one of the suvs that blocked off the street. >> but look, we're talking about driving in a residential neighborhood, dangerous, yes. but they're talk 55, 60 miles per hour in a 30 miles an hour zone. this wasn't going 100 miles. >> but you're also talking about

resisting arrest. >> right. but not with violence. the resisting arrest was -- >> and told police he had been smoking marijuana, taking pills, and was drinking. >> oh, he could have killed someone. and what if an ambulance had an emergency they needed to get through there? i think this is completely outrageous. >> i think it's especially arrogant. and i've described justin bieber as being felony stupid before. i stand by those remark news. i think they're amplified based on this. but at the end of the day, the charges do seem a tad overblown. i've read the reports. and the idea of resisting arrest based on this kind of behave, i don't know that that's ultimately going to stick. >> i don't think this is a case for leniency. i think they should go forward with the charges as quickly and efficiently as possible. >> but he doesn't need jail. what he needs is some humility. i think when we look at this escalating misbehavior, the through line for me is arrogance. we need a long-term lockdown

rehab for this guy. i think scrubbing toilets or picking up trash by the side of the freeway, wearing the orange jumpsuit is more valuable for the long ball of justin bieber's life than sticking him in jail for a short period of time. >> well, we're going to have to leave there it. i think darren kavinoky, you certainly expressed yourself. faith, we won't be looking for you at any free justin bieber rallies. thank you both for being on the justice files tonight. >> thank you. >> thank you, reverend al. coming up, the police officer that fired on a van full of kids is breaking his silence. and what's he saying and what he has to address might surprise you. that's next. [ male announcer ] this is the story of the little room over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia and the southbound bus barreling down i-95.

♪ this magic moment it is the story of where every great idea begins. and of those who believed they had the power to do more. dell is honored to be part of some of the world's great stories. that began much the same way ours did. in a little dorm room -- 2713. ♪ this magic moment ♪

a new mexico police officer fired for shooting on a van with five children is breaking his silence. you might remember this traffic stop gone wrong. a mother driving with her five kids in a minivan was pulled over for speeding. she was asked to wait but disobeyed and drove away. when she was stopped again, chaos ensued.

>> get back, get back! get on the ground. get on the ground. get on the ground! get on the ground! [ screaming ] >> no! >> get on the ground. >> get out! get out right now. get out. >> get him out. >> open the zero. >> open the door! >> open the door! [ gunshots ] >> the police officer, elias montoya, was fired last month. but now he is breaking his silence, saying he arrived after the children were back in the

car, and all he saw was silhouettes of heads. and thought the police were outnumbered. so he shot at the tire. >> when you found out that there were in fact children in that minivan, what did you think? >> well, i -- my heart sank. when they finally stop and i was on the passenger side at that time, seeing them get out at gunpoint again, i couldn't believe that there was that many children in there. >> can the public trust your judgment after you fired on a minivan with kids in it? >> i'm sure they will, because they know me. they know what i'm about. i'm not one to take my handgun off my holster on every little situation. if i knew that there was even one child in that vehicle, i wouldn't have done it. >> i'm glad he acknowledged what he did was wrong, and i'm glad he regrets it.

but there is still a lot we don't know about this case. forgiveness is one thing. reinstatement to the job is another. we'll keep following this story. the up all-nighters. and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. when you don't have the time, there's crest 3d white 1 hour express whitestrips. removes years of stains in just 1 hour. whitening without the wait. crest 3d white 1 hour express whitestrips.

it says here that whia woman's sex drive.ait. increases at the age of 80. helps reduce the risk of heart disease. it seems that 80 is the new 18. grannies, bless your heart, you are bringing sexy back! eat up.

keep heart-healthy. live long. for a healthy heart, eat the 100% natural whole grain goodness of post shredded wheat. doctors recommend it. finally tonight, a milestone in the fight for justice. today marks the 50th anniversary of the 24th amendment to the u.s. constitution. this amendment ended the poll tax in federal elections that was used in the jim crow south to suppress the african american vote. here is a receipt of a poll tax from louisiana in 1917. 50 years ago, they were eliminated. but today they are back in other forms, like voter id laws. >> many of those without ids would have to travel great distances to get them. and some would struggle to pay for the documents they might

need to obtain them. we call those poll taxes. >> voter id. a poll tax by another name, even when a voter id is supposedly free, people often have to pay for their birth certificates, marriage license, and other documents needed to get that id. civil rights legend john lewis saw the poll tax firsthand under jim crow, and he sees the same thing now. >> voter id laws are becoming all too common. but make no mistake, voter id laws are a poll tax. >> they're those that say we knee voter id to fight fraud, but they have not been able to come up with any widespread fraud in any of the states that are passing these laws. yes, we see efforts to suppress

the votes. any number of studies clearly shows that they're stopping more voters than they're protecting from fraud since there is no fraud there. yes, there will always be those that will try to stop segments of this country from voting, but thank god there will always be those of us that will fight them. thanks for watching. i'm al sharpton. "hardball" starts right now. witnesses for the prosecution? let's play "hardball." >> good evening. i'm chris matthews out in san francisco. let me open tonight with the latest clattering in chris christie's world. if you're the governor, you should and probably do have two women on your mind. one is your lieutenant governor kim guadagno, who must be on the verge of freaking out tonig