i'll see you in september at the rally in new york city. i think that's great work. good to have you with us. i appreciate your time. >> thanks a lot. >> want to thank the national letter carrier association. i spoke to them from philadelphia. i was speaking to the postal workers union in chicago. they are great folks, working hard. we'll tell the story. i'm ed schultz. "politics nation" starts right now. good evening. rev. >> good evening, ed. thanks to you for tuning in. tonight's lead, a vision for economic patriotism. on an economic anniversary. it's been five years since the last time the minimum wage was raised. late today president obama demanded congress take action on that front and others. >> today marked five years since the last time minimum wage went

up in this country. that's too long between raises for a lot of americans. i want patriot arism that says we rise or fall together as one nation and one people. economic patriotism says it's good when we close wasteful tax loopholes and invest in job training that help it is economy for everybody. instead of tax breaks for millionaires let's help on child care or college. are let's stop rewarding companies that ship jobs oversaes. bring them back to the united states. >> president obama has called this the defining challenge of our time. it's a vision of fairness, of opportunity. and what's ironic, as president obama laid out the vision, congressman paul ryan rolled out his new anti-poverty plan. yes, the same paul ryan who

spent years trying to block the safety net. who blamed it on the culture. today that's over. who comes the new softer paul ryan. >> today, federal aid is ark ache. consolidate up to 11 federal programs into one stream of funding to participating states. combine into one funding stream. up to 11 different programs. things like cash welfare, child care. >> paul ryan's plan to combat poverty is to let the states decide. and to consolidate existing programs. it's a first step towards enormous cuts to critical programs. when it comes to the minimum wage, ryan is more blatant. his report cites the, quote, draw backs of raising the

minimum wage and he writes, quote, evidence confirms that increases in the minimum wage harm employment. don't attack the minimum wage. raise it. how is that right? how about re-election? instead of more phony plans. joining me now, congressman emmanuel cleaver, democrat of missouri and richard wolf of msnbc.com, executive editor. thank you both for joing me. five years after the manl was last raised paul ryan and the gop are attacking it. how do you fight back? >> first of all, paul ryan is sincere. he's sincerely wrong.

what we've got to do is tell people around this country that they are the ones being hurt. if you are making $7.25 an hour working eight hours a day before an entire year you will earn less than $16,000 a year. that's poverty. it means poverty is contagious. you can catch it from members of congress. the country will have to change the minimum wage. the way is to change congress. people can do it by going to the ballot. >> less than $16,000 a year. wow. you know, president obama took direct aim at republicans. listen to this. >> what's going on is republicans in congress are directly blocking policies that would help millions of americans. just this year they voted to give a massive tax cuts to the

wealthiest americans. just last week they voted to gut the rules in place to make sure big banks and credit card companies couldn't hurt consumers and cause a crisis. they are going in the wrong direction. >> how big an issue will this be in the midterms? making the gop pay for the economic issues and policies they have represented? >> well, i think both sides want to have at it. there is no question that when it comes to minimum wage, democrats are are on much stronger territory. paul ryan is trying to reposition himself. clean up the mess of the last presidential election. if he's going to try to beat george bush from 2000, you've got to do something to prove you are a compassionate conservative beyond talking about poverty. what even george bush did was take on the house republicans on something they didn't want to talk about. if he wants to take on the

party, you don't just talk about the unearned income tax credit. you would talk minimum wage because the quote/unquote evidence doesn't track with what he says. >> paul ryan's plan adds a new hurdle for low income families who need assistance. they've got to meet with someone and promise they will hit so-called bench marks. "each beneficiary will sign a contract with consequences for failing to meet the agreed upon benchma benchmarks". ryan warns of sanctions for breaking the terms of the contract. someone will decide if a low income person is behaving properly. this is the solution to poverty? is this just a new threat are from ryan or just to punish the poor? >> i think under the plan, if you call it a plan, poor people are going to become victims of capital punishment.

here's what's important. we don't require the big banks to meet any kind of standard before they can get billions of tax dollars. some of them have been convicted of mortgage fraud. they still haven't paid a penalty. none of them have are gone to jail. we want to put poor people in some kind of catch-22. sending this money to the states, if my colleague's plan was implemented, would be a disaster. think about wanting to implement the affordable care act. poor people would be in trouble. even in my state of missouri. >> as well, richard, when you look at the fact that paul ryan

is looking at signing up and banks that got billions weren't required to meet with anyone. there were no benchmarks, sanctions. is this only for people who are poor? is this a class-based kind of threat and/or penalty? >> you know, there is no historical precedent for doing what we have done. not just in this country, but in many countries over many, many decades which is to say there is the deserving poor and the undeserving poor. that's what the contract is trying to get at. some people need help. some people deserve help. nobody takes that attitude toward corporate america. not like the republicans are saying, here is a good company, a bad company. that's what the president is trying to set up saying there are patriotic companies. they deserve help. then there are those looking for a tax break. are we there to help multinationals trying to find the lowest tax rate possible or trying to help people who create jobs here.

that's an attempt to say there are deserving and undeserving companies but republicans want to say some people need help and some don't want to have it. >> the president seemed full of vigor. is this a winning issue are including the minimum wage. is it a winning issue for democrats this year? >> there was support on capitol hill when the president made comments. we look at polling every day. the majority of people support an increase in the minimum wage. even in red states. the new pope is encouraging his church to change, focus on the

poor. gandhi said there are people so poor they can't be reached by god except by a loaf of bread. they need to think about what gandhi said. >> congressman cleaver and richard wolf, thank you for your time. >> thanks, reverend. >> coming up, when you cut through all the noise in washington, the affordable care act is helping people. and today, we know how many millions. plus, you almost can't believe it. but house republicans voted to move ahead with speaker boehner's stunt lawsuit against president obama. but he doesn't seem too worried. >> you're going to sue me for doing my job? okay. >> and there are new questions about the police officer using a choke hold in this video.

please stay with us. okay ladies, whenever you're ready. i got this. no, i'll get it! let me get it. ah uh, i don't want you to pay for this. it's not happening, honey. let her get it. she got her safe driving bonus check from allstate last week. and it's her treat. what about a tip? here's one...get an allstate agent. nice! switch today and get two safe driving bonus checks a year for driving safely. only from allstate. call 866-788-0900 now. hold on man, is that a leak up there? that's a drip. now that's a leak. that is a leak! and if you don't have allstate renters insurance... game over. protect your valuables from things like water damage for as low as $4 a month when you add renter's insurance to your allstate auto policy. call 866-788-0900 now. and, if you're a safe driver, you can save up to 45%!

just a few more ways, allstate is changing car insurance for good. call an allstate agent and get a quote now.

speaker boehner's lawsuit against president obama for using executive action is moving forward. and that's got our facebook fans fired up. we'll have more on the speaker's empty suit coming up in the show. first, we want to know what you think. please head over to our facebook page and join the conversation that keeps going long after the show ends. at legalzoom you can take care of virtually all your important legal matters in just minutes. now it's quicker and easier for you to start your business, protect your family, and launch your dreams. at legalzoom.com we put the law on your side. this is kathleen. setting up the perfect wedding day begins with arthritis pain and two pills. afternoon arrives and feeling good,

but her knee pain returns... that's two more pills. the evening's event brings laughter, joy, and more pain... when jamie says... what's that like six pills today? yeah... i can take 2 aleve for all day relief. really, and... and that's it. this is kathleen... for my arthritis pain, i now choose aleve. get all day arthritis pain relief with an easy-open cap. yyyup. with xfinity internet soyour family can use all their devices at once. works anywhere in the house. even in the garage. max what's going on? we're doing a tech startup. we're streamlining an algorithm. we're going public! [cheering] the fastest in-home wifi for your entire family. the x-1 entertainment operating system. only from xfinity.

we hear so much noise really about health care law the real news can get drowned out. news like this. a new study finds 10 million previously uninsured americans got coverage under the law. 10 million. before republicans were fighting to take the idea of health care away, now they take away -- they would rather take away real coverage. they cheered when a court ruling threatened subsidies for millions of americans. today, the new york times profile people that ruling puts at risk. like gloria spotswood from virginia. she receives a subsidy to help pay for her plan. at the thought of losing her subsidy, she says, "i'm scared, sitting in the lobby of her

condominium building here because her air conditioning had broken and she didn't have the money to fix it. she said i don't see how, in all honesty, i would be able to afford to pay the whole thing. they also spoke to mary katzke, a film maker in anchorage who said there is no way she can pay without her subsidy. these are real people relying on the law. >> kristen says her 19-year-old brother and parents in their 60s have signed up under the aca. she hopes the benefits she received under the law won't be affected by the court rulings. >> it's easier to find doctors and pharmacies i can get my medication at. >> if something happens, i have a place to turn. >> that reassurance could fly out the window if a federal court of appeals ruling sticks.

>> she takes a pill to take her high blood pressure. >> i thought i was healthy. >> she went to her first well check doctor visit in 12 years after getting insurance through the affordable care act. >> if there is no subsidy, i'm done. i can't do it. there would be no insurance. >> let's cut through the politics and focus on helping real people. joining me now is ann filipic, president of enroll america, a nonprofit group working to get more people enrolled in plans under the affordable care act. and democratic strategist jamal simmons. thank you both for being here tonight. >> thanks for having me. >> you work with people who've gotten covered under the law. how would they feel if they thought their coverage was threatened? >> we hear stories every day like the ones you showed of

people that got access they could afford for the first time ever. people are concerned hearing about the court case. the big thing is nothing is changing for them. no one is taking the coverage away. no one is taking away financial assistance. we are confident that at the end of the day the case will be dismissed. >> jamal, i mentioned that new york times story about people worried about losing health care subsidies. one woman said, quote, for people like me who have health issues and the opportunity now to actually have health care we will fight to make sure we can keep it. when people start to hold republicans accountable for working to take away health care. >> i think average everyday americans are going to hold republicans accountable for taking it away. when we talk about it in theory, what might happen, what obamacare may do, there was a lot of ability for republicans to scare people.

now people have been through the process. they have this benefit. they are starting to benefit from it. taking advantage of it. you want to take it away from real americans? that will be a political problem are. if i'm a democrat, i'm talking about gloria spotswood. they ought to be attacking problems. that's what i would say. >> what occurs to me in researching this is it's not just more people getting coverage. but it's the people that already have insurance that are getting better deals. today the department of health and human services reported the american people have gotten $1.9 billion in refunds from are insurance companies since 2011. are more people starting to understand the law's benefits? >> yes. you mentioned the new england journal of medicine report from earlier this week. it showed over 10 million americans who were previously

uninsured have gotten that coverage through this first enrollment period. this is just one of a long list of evidence showing the aca is working. we saw a gallup survey last month that showed the uninsured rate in the country is the lowest it's been since gallup started track at 13.4%. hhs put out a study showing for all the americans, millions of americans that got financial assistance, the average premium they are paying each month is $69. commonwealth fund put out a survey showing 80% of people that used coverage are happy with what they have gotten. what we are seeing here is story after story, study after study is showing that the ac are a is working. it's affecting real people. >> jamal, republicans are giving the same responses to questios s

they gave four years ago. listen to speaker boehner today. >> the discussion continues. trying to build consensus around one plan. not there yet. >> he's still looking for a replacement? check out how senator ted cruz reacted to that ruling that came down and that would threaten subsidies? listen to cruz. >> it rejected president obama's lawlessness. with regard to bank. the matter will be appealed. i think the ruling was correct. it highlights the brazen lawlessness of president obama with obamacare. >> he's using the ruling to attack president obama. could that be used by the democrats in the midterm elections? language like this that cruz has used? >> i think the reality is most democrats won't run on obamacare. when they are attacked on obamacare they need to have a

ready and strong defense to go out and talk about individual cases. when you think about the republicans they are trying to come up with a health care plan. they passed the plan five years ago. it's been forever. we have had two elections. we are on the third election to the health care pass. they are still trying to figure out what the plan is. again, republicans are talking about attacking democrats. they ought to attack problems. the democratic candidates ought to hold their feet to the fire for not coming up with solutions that benefit people. it comes back that this law is about real people. i talked, for example, to a lady named spike ward who said the law has been a life saver for her. listen to this. >> my life is being saved by the affordable care act. i'm halfway through my treatment now for stage three breast cancer. i'm responding well.

there are no death panels. nobody is messing around with my health care. i've got the best doctor. he's taking very, very good care of me. >> do you hear a lot of stories like this, ann? >> we hear these stories literally every single day. it's exactly that. people that say, my life was saved because of this opportunity. i think something for us to remember is as proud as we are and as much as we want to protect the millions who have gotten coverage there are millions of americans who have are the opportunity to enroll and have no idea it is available to them. a lot of the conversations get are really confusing. so what we all need to do is come together, leave the talk of repeal behind and really focus on implementation. so we can make sure every single american who has the opportunity knows about it and enrolls in coverage. >> let's hear more stories about real people that are really getting help. ann filipic and jamal simmons,

thank you for your time. >> thank you so much. >> coming up, it's been a rough summer for governor scott walker. it just got rougher. speaker boehner's lawsuit stunt against president obama is moving forward. but democrats have a plan. wait until you hear this. vo: this is the summer.

the summer that summers from here on will be compared to. so get out there, and get the best price guaranteed. find it for less and we'll match it and give you $50 toward your next trip. expedia. find yours. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess.

side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. ask your doctor about cialis for daily use having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car.

don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. wisconsin's scott walker has made a name for himself in the last few years. when he's not busting unions he's signing voter i.d. bills

into law. a republican rising star. he's running for re-election and it turns out he's in the fight of his political life. a new poll released today shows walker is essentially in a dead heat with his democratic challenges. what's the union buster going to do? slam opponents on jobs, of course. the walker campaign is putting up ads criticizing his opponent's company for outsourcing. >> mary, mary, quite contrary, how does your fortune grow? by making millions of dollars, sending jobs overseas that could have been done in wisconsin. >> hmm, very interesting line of attack from mr. walker. i'm no psychiatrist but i think he might be projecting a little bit. maybe.

he's trying to maybe distract voters from the fact that his campaign has accepted nearly $70 thuz in donations from companies that -- wait for it -- ship job ares overseas. it's terrible. it's terrible if it his opponent does it. no problem. like i always say, you can have your own opinions. you can't outsource your own facts. nice try are. but there is no outsourcing this one because we gotcha.

that it's given me time toabout reflect on some of life'seen biggest questions. like, if you could save hundreds on car insurance by making one simple call, why wouldn't you make that call? see, the only thing i can think of is that you can't get any... bars. ah, that's better. it's a beautiful view. i wonder if i can see mt. rushmore from here. geico. fifteen minutes could save you fifteen percent or more on car insurance.

this is actually happening. i thought maybe they would come to their senses. but speaker boehner's lawsuit against president obama is moving forward. today the house rules committee approved the legislation with a 7-4 vote. they accused the president of

abusing executive authority. >> unfortunately the president has selectively enforced the law. >> whether you love or hate the law you believe it ought to be implemented. >> this lawsuit is the latest attempt for party leaders for a far right fringe that's never accepted the president as legitimate. and is speaker boehner's attempt to pacify the radical right that keeps calling obama lawless. suing him over everything. >> president obama's legacy will be the establishment of lawlessness in america. >> there is a pattern of lawlessness in this administration. ignoring law after law. >> we have an increasingly lawless presidency. >> the president has lawlessly

decided which parts of obamacare to implement and which parts not to implement. >> the attacks have only energized the president. he's vowed to take action and he's even had a little fun mocking it. >> how hear some of them. sue him. impeach him. >> yeah! >> really? [ applause ] you're going to sue me for doing my job? >> they plan to sue me for taking executive action that are within my authority while they do nothing. i have a better idea. they should do something. >> the resolution is headed to the house for a full vote sometime next week.

there is so much work to do on jobs, infrastructure, immigration. good luck with this one. joining me is jackie spear, democrat of california. thank you for being here. >> thank you, reverend. >> house republicans are backing the lawsuit to suit a president. what's your reaction to that. >> they get flash cards every morning of words to use. they use them like myna birds responding to a call. it's preposterous. it's red meat for the base. no question about it. it's grizzle for everybody else in the country who recognizes that this administration is trying to do something for the american people. 8 million people have health insurance today that didn't have it before. what the executive action taken by the president is just to postpone the implementation of the employer mandate. something that the republicans

have asked us to do over and over again with the affordable care act as one of their ploys to not have it implemented. they wanted to postpone it for a year. now they want to sue the president for postponing implementation of one component of it. >> when you talk about executive action, what was interesting to me is today speaker boehner -- and remember boehner was the first that announced the lawsuit against the president. he's actually calling for the president to take action. watch this. >> we have a humanitarian crisis on the border. it has to be dealt with. the president clearly isn't going to deal with it on his own though he has the authority to deal with it on his own. >> i mean, you almost can't believe it. is he serious? he's now saying he has the authority to move on his own. this lawsuit is backfiring. the day after the announcement the democratic congressional campaign committee raised

$584,000. that's the most it raised in a single day this year. last month the dccc raised $4.5 million in grassroots donations. now that the dccc is using the lawsuit as part of their 2014 campaign with ads and robo calls in an effort to, "contrast republicans focused on suing the president with democrats focused on economic solutions for the middle class." this lawsuit could backfire on them. >> i think it is backfiring. they are moving forward because it looks bad not to after a big roll are out. you will see polling results so negative on this that they have to find a way to soften this. it could actually help us gain a

number of seats. the american people are sick and tired of the games. that's all that seems to be played on the other side. >> games again. i go back to what i said. he's suing the president over taking executive action of having authority. today he says he has the authority to take action. the same speaker boehner. let me play it for you again. this is him today. >> we've got a humanitarian crisis on the border. it has to be dealt with. the president clearly isn't going to deal with it on his own even though he has the authority to deal with it on his own. >> i mean, is he serious? he has the authority to deal wit on his own on the humanitarian efforts leading at the border. he's suing them over using his authority in the affordable care act.

>> we need to appropriate funds to take action on the border so congress must do something. when george bush was president and they rolled out the prescription drug benefit for a year, medicaid part b, they didn't want to sue the president over that. it will hurt the republicans come november. the last lawsuit was $2.3 million. god only knows how much this will cost as taxpayers. >> big waste of time and money. congresswoman spear, thank you for your are time tonight. >> thank you. >> coming up, self-defense or murder? today possibly conflicting statements at the trial being compared to the george zimmerman case. and the chokehold death of eric

garner. he was laid to rest last night. troubling questions are emerging about the officer involved. avo: waves don't care what age you are. take them on the way you always have. live healthy and take one a day men's 50+. a complete multivitamin with 7 antioxidants to support cell health. age? who cares. i got to be prase is tough, but i've managed. i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing. when i finally told my doctor, he said my crohn's was not under control. he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections,

including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira. with humira, remission is possible.

so, what'd you think of the house? did you see the school rating? oh, you're right. hey, babe, i got to go. bye, daddy. have a good day at school, okay? ♪ [ man ] but what about when my parents visit? okay. just love this one. it's next to a park. [ man ] i love it. i love it, too. here's your new house. ♪ daddy! [ male announcer ] you're not just looking for a house. you're looking for a place for your life to happen. zillow. in the nation, the safest feature in your car is you. add vanishing deductible from nationwide insurance and get $100 off for every year of safe driving. which for you, shouldn't be a problem.

just another way we put members first, because we don't have shareholders. join the nation. nationwide is on your side. was it self-defense or murder? it was day two of the prosecution's case in the murder trial of rinesha mcbride. 55-year-old theodore wafer is

charged with second degree murder and manslaughter for shooting the 19-year-old last november. rinesha showed up drunk but unarmed on his porch in the early morning. she crash ed her car and wandered to his house looking for help. but the 55-year-old shot mcbride in the face through a closed door, killing her. today, the prosecution called the first responding police officer that night. the first to speak with her after the shooting. the audio was captured by a dashboard camera. the prosecution played it in court. wafer then explained what happened.

i was like, who is this. the gun discharged. i didn't know there was a round in there. i don't get it. who's knocking on your door at 4:30 in the morning? bang, bang, bang. >> the gun discharged. he didn't know there was a round in there. his attorney laid a different account in opening statements yesterday. >> why he shot her is what's at issue in this case. why. it was because of fear. never had been so scared in his entire life. i will ask you at the end of the case to come back with a verdict of not guilty on all charges because he acted in self-defense. >> so did the gun discharge? or was it self-defense?

the jury will have to decide which story they believe. joining me now are criminal defense attorney ken padowitz and trial attorney carmen st. george. thank you for being here. >> thank you. >> thank you. >> why the discrepancies in wafer's accounts? >> because that's the job of the defense attorney. their job is not to prove their client innocent who's already presumed innocent. their job is to create are reasonable doubt with the jury. give the jury, according to the defense, more options like a pepperoni pizza pie. throw it to the wall and see what sticks. if the pepperoni or cheese sticks, that's reasonable doubt, reason for acquittal. the prosecution is going to have a different view. they will try to under mine the defense and show lack of credibility. on one hand it was an accident. now it's self-defense. the prosecution will try to use

that against the defense. >> this is an easy case. the prosecution will use the defense's opening statement to turn it all around. if this man experienced the greatest fear he's ever experienced in his whole life, he would be telling the police, i was scared to death. i didn't know if there were other people out there. i was so in fearful of my life that i shot her. he's not going to get away from the fact that he has a shotgun which is a couple of feet in length which gives him separation. there is a locked door. he shoots an unarmed young woman to death with a shotgun in the middle of the night. he can't say he was surprised, there might have been other people. he's calm and cool when he calls 911. he can't get away from his own

words. >> the defense spoke at length about his state of mind that night in the opening statement. listen to how they described it. >> he gets on the ground, crawling in fear and to hide. throughout the whole time nobody is saying a word. that creates even more fear for ted. he's never been this scared in his life. he's ready because he's scared. he was just put in fear for his life. fear for your life and somebody's about to come in. >> he's scared, terrified. that's the opposite of what he told police, ken. here's what he told police. he told police -- he told police he didn't know the gun discharged. he didn't know it was loaded. how do you reconcile that?

>> that's the problem. when a lawyer says your opening statement isn't evidence, the evidence is going to be what the jury has to decide whether they are convinced beyond a reasonable doubt. if there is evidence that's con tear to what the lawyer is saying in court, that's going to be a problem for the defense. clearly the locked door is in such fear. why are you unlocking the door and going out of your safe place inside your home. that will be a big hurdle for the defense to get over. it will be a major weapon used in an attempt to get a conviction. >> as i played the tape, i played it in the opening. he said and we played toyota the police. he department know the gun was loaded. now his defense is he was terrified he was scared. he shot because he was

terrified. he was saving his life, he felt. >> okay. let me get it right. you want the jury to believe that a man who was so in fear for his life grabbed a gun which wasn't loaded and went to the door and opened the door, opened his hard door to the screen door because he had an unloaded gun. there is no way on earth . he could have grabbed a bat, another tool. he should have called the police like normal people would have. there is somebody at the door. i'm scared to death. come right away. that would have made sense. he sat back, spoke to his attorneys, decided on a creative offense and is trying to sell it to the jury. >> how effective is that to a jury though if what the lawyer is saying -- the defense lawyer -- whatever they say isn't evidence. is the inconsistencies that are

being raised there, due it have a bearing on the jury? >> absolutely. as a former homicide prosecutor, i would be zeroed in on the in k incon sis tenancies between what the lawyer is saying and the evidence that night. how do you jibe the fact that you have an unloaded gun, according to the defense at the scene, according to the defendant. but now in court, no, it's self-defense. he opened the door in self-defense. there are conflicts in what they are saying. if you could under mine the credibility of the defense there is a much more likelihood the jury will be focused and come back with a verdict are of guilty because it's proven beyond a reasonable doubt. >> will that outweigh the pizza pie on the wall theory? whatever sticks? >> jurors listen and pay attention to everything that's said. when it comes out of the

lawyer's mouth they are listening. they will say, i remember the defense attorney made this claim. they will hold you to it. i don't think the defense will throw things that will stick on the wall. at best, they will get this off a murder conviction and get it to involuntary manslaughter. >> thank you for your time. we'll definitely be following this case. we'll be right back. the country to combine solar and natural gas at the same location. during the day, we generate as much electricity as we can using solar. at night and when it's cloudy, we use more natural gas. this ensures we can produce clean electricity whenever our customers need it. ♪

that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business.

coming up, the eric garner case and questions about police force. we are starting to learn more about the officer at the center of the story. that's next. [ cat meows ] ♪ ♪ da-da-da-da-da, bum-da, bum-da ♪ ♪ bum-da, bum-da ♪ the animals went in two by two ♪ ♪ the sheep and the frog and the kangaroo ♪ ♪ and they all went marching, marching in two by two ♪ ♪ [ male announcer ] the nissan pathfinder, with intuitive four-wheel drive. an adventure worth sharing. nissan. innovation that excites. an adventure worth sharing. what if it were more than something to share? what if a photo could build that shelf you've always wanted? or fix a leaky faucet? or even give you your saturday back? the new snapfix app revolutionizes local service.

just snap a photo and angie's list coordinates a top-rated provider to do the work on your schedule. the app makes it easy. the power of angie's list makes it work. download snapfix for free. the summer of this.mmer. the summer that summers from here on will be compared to. where memories will be forged into the sand. and then hung on a wall for years to come. get out there, with over 50,000 hotels at $150 dollars or less. expedia. find yours. so factors like diet can negatively impact good bacteria? even if you're healthy and active. phillips digestive health support is a duo-probiotic that helps supplement good bacteria found in two parts of your digestive tract. i'm doubly impressed! phillips' digestive health. a daily probiotic.

if you don't think "feed the then you don't know "aarp". our drive to end hunger has donated 29 million meals, and counting. find more real possibilities at aarp.org/possibilities. finally tonight, the way forward many the eric garner case. he's the father of six who died after police put him in a choke hold. the police officer's gun and badge have been taken away. he's been assigned to desk duty. four ems workers have been suspended without pay. bill bratton ordered all officers retrained in the use of force. these are positive fist steps. but there is a lot more to be done. many more questions in a case where eric garner said he couldn't breathe 11 times. that was part of my message last

night at the funeral. >> let's not play games with this. you don't need no training to stop choking a man saying "i can't breathe". [ cheers and applause ] >> you don't need cultural orientation to stop choking a man that says, "i can't breathe." you need to be prosecuted. >> we are also starting to learn more about the police officer at the center of the story. court records and published report ares show that in the last two years he's been the subject of two civil rights lawsuits. for, quote, allegedly unlawful, racially motivated arrests. including one where he's strip searched two suspects on the side of a street. according to published reports.

one case settled for $30,000. one case is pending. tomorrow, i will join mr. garner's family in a meeting with federal prosecutors from the eastern district of new york. one bright spot in the terrible story. there are still people willing to do the right thing like ram are si ortiz. the young man who filmed the encounter with eric garner and the police. he stood with me at the funeral last night. >> this young man -- [ cheers and applause ] this young man showed more respect for the law, for human life, for decency than the

police and ems workers. he turned around and said this is wrong. i will video it. this city ought to thank god that when the police and ems failed us, there was a ramsey o are rtiz that did the right thing. >> yes. this video that this young man did is the reason why there is a chance that this family may be able to get what others have been denied. let us remember the rodney king video in l.a. what it says to you and me is we can't be cynical. we've got to step up, do what's right and make it stick. that makes the country work. all police aren't bad. most of them are not bad.

but when they are wrong, righteous citizens must step up and make the country work. justice is something we should all expect and stand by police to make sure justice is done, even if other police are the ones we question. thanks for watching. i'm al sharpton. "hardball" starts right now. the return of mccarthyism. let's play "hardball." good evening. i'm chris matthews in san francisco. let me start with the return of mccarthyism. i speak of the behavior of senator ted cruz who accuses president obama of undermining the relationship with israel. it is cruz once again with the ck