>> thank you both, gentlemen. "the rachel maddow" show starts right now. >> thank you both, gentlemen. "the rachel maddow" show starts right now. >> thanks to you at home for joining us this hour. last year, a reporter at the new york times got the results of a freedom of information act request that he had filed a long time before. it was a freedom of information act request that he filed with the f.b.i. f.b.i. ajents are sort of megacops. they work for the federal government. they investigate violations of federal law. they track down people who are suspected of breaking federal law. they investigate, they do intelligence work, they do counter intelligence work, which means they try to catch other countries spies who are operating in the united states. part of what they do is to go after public corruption.

they try to bust crooked politicians. f.b.i. ajentss do a lot of different things. but a lot of what they do is variant of policing. as such, they are legally authorized to use force in carrying out their duties. f.b.i. agents are issued gends e guns. but when in course of their duties, when an f.b.i. agent use e uses his or her gun to kill someone, there's this interesting question about who investigates that kind of shooting. when it is a federal law enforcement officer who did the killing, local prosecutors don't go there. there is a rare, once in a blue moon exception to that. but basically, the answer is no. the local authorities don't investigate. when an agent from the f.b.i. kills somebody. instead, they investigate itself when one of its own agents uses

deadly force. the freedom of information act request was about the investigation themselves. turns out between 1993 and 2011, there were 80 incidents in which f.b.i. agents shot and wounded someone. over the same time period, there were 70 agents when the f.b.i. shot and killed someone. so from 1893 to 2011, there were 109 incidents. and the f.b.i. investigated every single one of those shootings and killing eings through its own internal, rigorous, self review process. and through that internal, rigorous, self review process, the f.b.i. review board determined that every single one

of those 151 shootings was a good shoot. every single one of them was justified. so that's the feds. that's the f.b.i. there's a lot of concern whether local prosecutors let local police officers get away with killing people way too frequently and when there is con essential about local policing going way too wrong, the political ins tingt who kicks in is to proceed whatever exists at the local level and, instead, ask the federal government to come in and fix whatever is wrong at the local level. well, in the case of law enforcement officers killing people with impunity, with impunity that is uncanny, if it isn't systematic. well, if that's the problem, the feds aren't a solution to that. they don't offer a re-assuring example of how to do that

better. this summer, as the f.b.i. declared itself front list in another f.b.i. high profile shoot e shooting, this summer, a year after charlie savage first published that devastating data in a hundred of cases it reviewed. this past summer, we also reported on another agency that is also a federal agency which has 50% more armed agents than the f.b.i. does. it's an agency that has doubled in size. it's a huge, fast-growing agency with lots of armed officers who are entitled to use force as part of their armed duties. these guys are also federal. but border patrol takes it a step further.

they don't tell anybody when i happens. they don't report it publicly. there's no public data about that. so you can try to piece it together from complaints. but there is no systematic public information about those aurvess killing anyone. the agency just doesn't release that data. those are the feds. if they're supposed to be the gold standard to look up to for hurting people and killing people, if they're supposed to be the gold standard, then we need a new gold standard. protests continue throughout this past weekend about police killing people. particularly police killing african americans, basically, with impunity. protests are continuing tonight.

inside the barclay center tonight, prince william and duchess kate middleton are there to watch the cavaliers. lebron james brougt the message out to the court tonight who wore an i can't breathe t-shirt during warm ups. this past weekend, derek rose wore an i can't breathe t-shirt as did detroit loyalon's running back. this is sort of homemade. it's written there with a marker on the front of his blue shirt. protests are also underway in washington, d.c. so protesters staged another die-in tonight. as you can see, blocking traffic in downtown d.c. tonight.

protesters underway in berkley and in northern california. protests did turn violent and there was not just rowdy protests, but violent and looting. both saturday and sunday night in the bay area. in the midst of these continuing protests today, the new york daily news published this. the new york daily news today published their own report, the paper's own statistics about police killing people in new york city. starting 15 years ago with the killing of diello, who was innocent and unarmed, but police shot at him 41 times and killed him while they were looking for someone else. sips that high-profile police killing in 1999, according to the new york daily news today, by their tabulation, new york city police officers have killed at least 179 people over 15

years. this is only people killed by on-duty police officers. and certainly, a lot of these killings are pretty unimpeachable circumstances from the point of the view of the cops. like that case in october when this aparentally crazed man launched a completely unrevoked attack on four rookie police officers who were just standing on a street corner in new york. that assailant, with the ax, was killed by those police officers who he attacked, but not before he wounded a couple of them. that man is among the 179 deaths attributed to police actions over the past 15 years. so some of these circumstances are obviously very different than others. but according to police, more than a quarter of them, the assailant was unarmed. like shem walker who told the man to get off of his grandmother's stoop. the man he told said no.

they argued. it turned into a fist fight. and then the man who had been sitting on the stoop pulled out a gun and shot walker three times and killed him. the guy who wouldn't get off the stoop turns out was an undercover plir. police officer. shem walker is dead. nobody was ever prosecuted in this e that case. basically, no one is ever prosecuted. a grand total of three killings resulted in an indictment of local prosecutorings. and pres siesly one case was there a conviction of a police officer for killing somebody in the line of duty. and in that one case where there was a conviction, the officer served no jail time. the conviction was for negligent homicide, probation for 15

years. zero jail time. so, yeah, people are upset: of those 17 t people killed by police in the cases where the race of the person killed is known, 86% were reportedly black or hispanic. 86%. one conviction. 179 deaths. zero jail time. >> the mother of tamir rice who was holding an airsoft pellet gun. today, in cleveland, his mother spoke publicly for the first time. now, for context here in terms of understanding what she says, the family, mother who was speaking here, she lived just

across the street from the park where her son was killed. he had been at the park she says, along with his 14-year-old material e sister. >> my name is samaria rice. and on november 22:00nd, about 3:30 p.m., reminding you that i stand right across the street from the recreation center, two little boys came and knocked on my door and said the police just shot your son twice in the stomach. as i was trying to get through to my son, the police told me to calm down or they will put me in the back of the police car. i noticed the police is just standing around and they wasn't doing anything.

and, again, i arrived at the same time the ambulance did. so, again, i just noetsed them, they wasn't doing anything. my daughter was screaming for me. and my son, i really couldn't get to him because he was a little bit across the walkway. so, after i couldn't get to him and they told me to calm down, they gave me an ultimatum of whether i stay with the 14-year-old or do i go with the 12-year-old. of course i went with the 12-year-old. they made me sit in front of the ambulance truck like i was a passenger. >> ms. rice, what would you consider justification? >> to answer your question, i'm actually looking for a conviction. >> okay. >> i'm actually looking for a conviction. she says that would be a very rare occurrence in this country if it happens. i would love to tell you

exactly how rare it is, but, as a country, we don't count killings by police in any systematic way. some police departments do keep their numbers thems. some complete them and report them to the f.b.i. when the new york place compiled their data, they had to count their reportings as being at least that many people killed. everyone the biggest police department 234 the country, if nypd, will not release its internal staytistics. and they don't report it to the feds, either. the police killing people in this country is not really defined as a problem in this country. so we don't bother to collect or release any data that might show how big a problem it is. or whether it's a worse problem in some parts of the country than in others. when 12 jeerld tamir rice was shot and killed, allowed to

partially take over for a police department so broken that they once sent e6 2 police vehicles to chase one speeding car and then fired 179 bullets into that car to kill the two unarmed people inside of it. speeding in cleveland. this is the same police department that hired the officer who killed 12-year-old tamir rice within less than three seconds of first encountering him despite the fact that he was, and according to supervisors, basically unable to control himself specifically around firearms. cleveland hired a guy whose personnel record said that because they had no policy of reading previous personnel files for anyone they were considering hiring to be a cleveland cop. they didn't have a policy of looking at that kind of stef e stuff. so yes e yes, they will step in.

they'll do it for a second time in a decade. and maybe that will help. but there's no reason to think that federal intervention is magic. ask anyone who's ever been shot been an f.b.i. agent. attorney genric sch therks e neiderman said today such a case should not be handle by local prosecutors. >> the racial lines, ied logical lines, public confidence, police

misconduct, particularly when unarmed civilians are killed by the police must be addressed. it's not that i don't believe my colleagues. again, the appearance of justice has to be restored. a sense of equal justice under law. i would be very, very disappointed if, with all the energy of this protest, we come away with nothing and we have to reform it. >> new york attorney genric schneiderman explaining this request that he has just made to new york state's governor. requests for an executive order that would put his office, his attorney general's office in charge at the state level whenever an unarmed civilian is killed by the police in the state of new york.

no state has done exactly this. would it work? is this change? is this smart? stay with us. your other allergy symptoms... so you can breathe easier all day. zyrtec-d®. find it at the pharmacy counter. zyrtec-d®. over 200,000 people are hwith flu complications. so to kill the germs that may make your family sick, we recommend using lysol disinfectant spray every day. lysol is approved to kill 80 germs, including hard to kill viruses that can live on surfaces for over 4 weeks. it works on hard and soft surfaces to help stop the spread of bacteria. so help keep your family healthy with lysol.

on thinto an entire tribe's studentseducation. to turn their education but only five percent of indians on the reservation can afford to go to college.

at this time last week, there was essentially a mass conservative freakout when five members of the st. louis football team entered the stadium last week with their hands up. hands up in the air. making the hands up, don't shoot gesture that we've seen in protest to the shooting in ferguson. will there be a similar freak oit starting right about now because this was the scene just a short time ago at the brooklyn-nets basketball game. that is the king of the nba, lebron james, warming up for tonight's game against the nets in an i can't breathe t-shirt. will we now get conservative freakout round 2 over this.

or is lebron james too big to pick on? we'll be right back.

yet another night, protests continue around the country tonight against the police killing of citizens, part with immunity, right? earlier this evening in brooklyn, new york, protesters stage a die-in outside the barclay center in brooklyn. iii tests don't seem to be wrapping up any time soon. this appears to be a larnl-scale

protest. joining us now is eric adams who retired as a captain after serving 22 years in the force. he's the co-founder of blacks in law enforcement who care. this week, adams became the top-elected official. looking at those protesters in the streets of brooklyn tonight outside the barclay center and what appears to be a real sustained effort to keep this fight going on in the streets as well as the construction. >> i pushed for this. i was demonized for talking about we need systemic changes. now, this is my life labor i'm seeing actually materialize. these are the grandchildren of the civil rights movement. black, white, seeing any change.

they're fighting against the past. they want the future to be a brighter future. >> can you talk a little bit about what you wrote about recently in a national o-ed. you wrote about your chance to become a police officer despite or maybe because of a circumstance that happen today you when you were a teenager. you were treated very badly by police. >> it's about reconciliation. you reconcile with people. but you'll have to reconcile yourself. people say why did i seem like a man possessed around abusing law enforcement. the demon was within me and i had to deal with that demon of how i was treat e treated as a 15-year-old child. you look at law enforcement to be this symbol of strength in america. and then to be brutalized in such a manner, you have to be part of the change. >> you heard the request today,

he's written to governor cuomo who said at least until the law can be changed, like an executive order that would let the state attorney general's office become the investigating agency instead of local prosecutors. do you support that? do you think it's smart? >> i think it's an excellent idea. eric schneidermann is saying before we talk about what we're going to do and what powers we need, let's utilize the powers we have now. the government can utilize this sbantly. this is a great opportunity to say to the local distriblgt toerps. listen, this is not an indictment on you. this is not an indictment on the people serving the grand jury. but we're clear that when it's time to go after a beat cop that went wrong. we know you can go after an eave average citizen who robs a store.

>> do you feel it's constructive enough? >> this is unbelievable, what we're seeing right now. particularly for those of us who were always attempted to move this issue forward. when man you have men on the basketball court, we're better than what we're seeing how. i'm optimistic. we have been living in this drunkenness of police abuse. now is the time to take the steps towards sobriety. one step at a time. >> brooklyn co-president, nypd captain eric adams. thank you e thank you so much for being here, sir. >> thank you. >> we've got lots more ahead, including a milestone in american politics that seemed laugh out loud impose about 50 years ago. stay with us.

tonight, the head of the aclu, the head of the national aclu, has just published the op ed in the new york times tonight for tomorrow morning's paper. do we have a picture? i can hold it up for you if we don't have a picture of it. the pulse to issue a pardon for senior bush administration officials for overseeing torture

as a u.s. policy for years. the spectacle still makes my stomach turn. but doing so may be the only way to ensure that the american government never tortures again. pardons would make clear that crimes were committed. again, this is the head of the national aclu, calling tonight for president george w. bush to be pardoned by president obama over the issue of torture. that's provocative. we've got more on that story ahead. stay with us. [ male announcer ] are you so stuffed up, you feel like you're underwater? try zyrtec-d® to powerfully clear your blocked nose and relieve your other allergy symptoms... so you can breathe easier all day. zyrtec-d®. find it at the pharmacy counter.

[ female announcer ] just about anywhere you use sugar,

you can use splenda® no calorie sweetener. splenda® lets you experience the joy of sugar without all the calories. think sugar, say splenda™ so the war in afghanistan ended today. here's a photo of kabul. the coalition flags were in a small, choreographed ceremony. and that marked the end of the combat mission in afghanistan. after more than 13 years, america's longest-ever war is now over. by which i mean it's going to continue for a bunch more years. h is one of those things where it would be a huge deal.

the headline didn't match the fine print. efen though the u.s. combat mission in afghanistan technically ended today, and this ceremony was proof of that. there were going to be 9800 u.s. troops left there indefinitely. now they say it's more than 10,000. now they say they may still engage in combat missions and there's no date for them to come home. so, yes, basically they are changing the name to operation resolute support. it didn't even warrant a passing mention on the white house web sigh today. today was a day in the news.

america's longest war in afghanistan started in year one. yes, today it got a new name, but it is still going strong. there was also this finding today with no real plan for what to do with them. they were never charged. they were just stuffed into ware housing in cuba. six prisoners just got sent to uruguay. they were recommended for releesz by the u.s. government way back in 200 9d. it has taken them five years since then to move out. last year, they picked up the pace in terms of transferring guys to guantanamo. a few days after that, a few

more were transferred to saudi arabia. and this, obvious, is a scandal to the extent that people are paying attention. this is something that the president has been working for since the first day of his presidency. if you need one more piece of today's news, continuing to be the clean up of the more fought out aspects of the george w. bush administration, there's also this. >> good evening around the world. preparing for violence within the next 24 hours because of an intentional release of a report torturing suspects by the c. imt

a. under the banner of the war on terror and 9/11. release by the dem skrats who believe that once this evidence is out for the world to see, the u.s. will never again use torture as a means of interrogation. >> tompl, after months of wrangling, the senate is going to officially release big portions of their exhaustive investigation into torture carried out by the c.i.a. during the george w. bush administration. torture ait rised by washington, executed in the field by c.i.a. prosecutors and contractors. the c.i.a. committee spent years and a 6,000 page report that will lay out what sorts of techniques that were used on prisoners.

and some intelligence officials lied for years. there's been some question about whether the obama administration had let this report be released. why the report needs to come out. >> in the immediate aftermath of 9/11, we did some things that were wrong. we did a whole lot of things that were right, but we tortured some folks. we did some things that were against our values. we crossed the line.

that needs to be taken a look at by the country. >> we tortured some folks. again, we're told to expected a 600 page summary of this multithousand page report to be released tomorrow afternoon. this is a big deal. joining me now is mr. landy. thanks for being here. >> my pleasure to be here. >> so the release of this report has been debated for not months, years. lots of arguments around redactions, about whether or not the report should exist and what should be made public. what new information are we likely to learn?

>> i think what is going to come out in this executive summary that we're going to hopefully see tomorrow, are certainly the more gritty, disturbing details of the procedures that were used on scores that were used on scores of individuals overseas. >> will there be names? the fights were about redacting fake names of people. but according to the administration and the intelligence community, if you took one of these fake names and use e you used the information surrounding it throughout the report, you could or somebody could detect the real identity of the c. imt a. covert officers involved in the program.

and the other part over the battle of the redactions was the administration and the sbel juns communities contention that there was information in this report that would anger and jeopardize foreign governments who also coop rated in the program. >> in terms of the expected fallout here, i have to say, i don't know if this is an answer or a question, but i'll put it to you anyway. if there isn't any identifying information about who done it, let alone some sort of legal strategy to bring people to justice for having done this

illegal thing, arguing eblely, a legal thing, why is there an expectation. or why is the fear being raised that this report is going to land such a shot heard around the world. >> we believe that there are concerned voiced about possible violent repercussions overreacting. and, of course, you have former president bush, via former president vice cheney. current and former c.i.a. officials and others maintaining that we got it wrong. that the use of these procedures did not produce significant sbel jenls. did not win the cooperation of

those who were subjected to these procedures. that the cia misled various parts of the government including the white house and congress is all wrong. that, in fact, these procedures produced intelligence that was cig nif kantd and led to the twarting of plots against the united states and led the c.i.a. to the arrests of some pretty significant players in al-qaida. >> jonathan landy, thanks very much for helping us understand what to expect for tomorrow. >> my pleasure. >> the argument over this. this has been going on for years, in terms of arguing whether or not this could come out. this is not able trying anybody for torture. this is not about naming an e and shaming people. this is note about exposing people who did this so the world can take their revenge or something. everybody involved in this study? everybody involed in this policy. everybody who was exposed in this report will continue to be anonymous, as they are now. but the right is telling us to freak out about this report that comes out tomorrow. we'll see it when i comes out. should be about 600 pages. we'll keep you posted. stay with us.

key factor in the most

important story in washington right now. key factor. i swear. it's not supposed to bounce. i've been working on this all day. i still suck. oh,that's better with the green ones.

okay. check this out. 1930, the political map of darn near everything in the american south. blue, blue, blue, blue, blue. not liberal, but with complete

democratic control. the governors, the u.s. senators, the state houses. that's the american south in 1930. okay, give me 1940. right, blue. still blue. the entire thing from texas to north carolina. 1950, please? thank you very much. the whole thing. again, every governor ship, every u.s. senate seat, every state house. democrats had a lock on the south. here we have 1960. yep, copper blue, selsun blue, blue velvet, you can have any color you want as e as long as it's blue. and then came 164. when president lyndon johnson signed the civil rights act even though he knew it would cost their hold on the old confederacy. he predicted that in 1964 and he was correct. nate cowen charted this the other day.

the senate seats plus the state houses, democrats had them all right up until the 1960s. and then in the mid 1960s, democrats started losing ground. little at first and then a little more and then a lot more. somewhere right around here. this november, last month, democrat cay hagan last her senate seat in north carolina. mark pryor lost his in arkansas. that left one southern democrat. one democratic holder of a statewide office in the u.s. south. that one last southern democrat was mary landrieu. the year she got that seet in the first place, southern kem e democrats could still win elections. his vice president had followed his dad from the southern state of ten tn. she held on through agt years of george w. bush and republican

waves and democratic waves. louisiana still picked mary landriue even as barack obama lost her state by 19 points that year. if you look back at exit polling. get most of the black vote and a third of the white vote. now louisiana does a lot of things differently from the rest of the country. they have parishes and drive through daiquiri shops. one of the quirks of louisiana politics is they have an all in everybody against everybody election in the first round

instead of party primaries. they call it a jungle primary. and in the jungle primary this november that gave us an x ray as to how mary landrieu was doing. turns out her support among white voters had disappeared. she was used to getting a third of the white vote but in november that was down to 18%. she had become basically just another democrat who couldn't win in the south. we can debate why this s should mary landrieu have run more on the obama record, did she waste her time on the keystone pipeline, calling for a vote on her opponent's bill to approve it? was there no good way for her to run this year with democrats in exile. did national democrats let her down? has the democratic ground game in the south turned to dust? what could mary landrieu do in trying to remain the last southern democrat in the united states? and whenever that would cost democrats in terms of principle or treasure to try to keep her as the last one blue dot in the south, would it have been worth it?

whatever the answers are, the results on saturday, the result this weekend is that mary landrieu got skunked. she lost her senate seat by 12 points. the state that gave her three terms in a row picked a republican this time instead. bill cassidy will now become the first republican to hold that louisiana senate seat in 132 years. the old solid south democratic version is gone. the new solid south is totally, solidly republican. and in louisiana this weekend it was all over, but the shouts of victory and just the briefest pause for the reflection on defeat. >> if you want to spend your life in a worthy cause, choose something that takes longer than your life to achieve, then you know it's worth fighting for. >> god bless you, god bless louisiana, god bless the united states of america. thank you once again. boom!

day. zyrtec-d®. find it at the pharmacy counter. what you're doing now, janice. blogging. your blog is just pictures of you in the mirror. it's called a fashion blog, todd. well, i've been helping people save money with progressive's discounts. flo, can you get janice a job? [ laughs ] you should've stuck to softball! i was so much better at softball than janice, dad. where's your wife, todd? vacation. discounts like homeowners', multi-policy -- i got a discount on this ham. i've got the meat sweats. this is good ham, diane. paperless discounts -- give it a rest, flo. all: yeah, flo, give it a rest.

try zyrtec-d® to powerfully clear your blocked nose and relieve your other allergy symptoms... so you can breathe easier all day. zyrtec-d®. find it at the pharmacy counter.

if you're interested in getting in touch with your member of congress there are a few straightforward methods to choose from. you can give their office a call, shoot them an e-mail, send them a letter. if you're old school or the pope, you could send a fax. members of congress are occasionally responsive to a tweet and are used to hearing from people by online petition. you could show up in person as part of a protest or sit in. but there's one surefire way of getting noticed without leaving the comfort of home. sending your member of congress purposely awkward objects. there were people who sent tea bags. that was a strange enough phenomenon to cause some upset and logistical difficulties in the congressional offices that were inundated. couple years ago, some decided to send conservative congress men knitted or crocheted uteruses.

as in here's a uterus for you, now stay out of mine. now if they don't pass a spending bill before they go on thursday, the u.s. government will shut down. republican leadership says they don't want a shut down, but the republican base really wants one. >> the democrats have been shellacked, and the republicans are saying americans are not going to like them if they shut down the government. this is about two elections in which the people of the country are begging the republican people to stop this man. >> the point is that you won in spite of the shutdown not because of the shutdown. >> what does it matter? they won the point is, this is a trick. i think the shutdown, you know what? here's what it really means. the republicans want what obama wants on immigration. they are using this as an

excuse. jeb bush agrees with it, obviously the republican establishment doesn't want to stop president obama. and very conveniently, here's this government shutdown. we can't act because they'll blame us for shutting down the government. i think it's absurd. >> base of the republican party really wants a shutdown? and they think the establishment leadership, mitch mcconnell and john boehner are obama lovers. if they don't have the stones to shut it down like the people demand. so now talk radio and conservative blogs are asking angry conservatives to please mail to john boehner's office, some balls, maybe racquetballs, maybe balls in a can. this is for people to click through to arrange their balls' delivery. the most recent product review

says i just spent a pair and a spare. that doesn't seem promising. the next one says, my dog eats the fur off the yellow tennis balls, but these are so much better. so in terms of whether or not angry conservatives sending balls through the mail to john boehner, whether they will succeed at stopping the republicans from defunding the government, we don't know. we have yet to hear back. we will update you as soon as we know whether john boehner has received the balls and how many. but tick-tock. the earliest plan to vote is on wednesday. the funding runs out on thursday. the senate would still need to pass it after the house. we know one senator who won't stop talking can gum up the whole works and in this case shut down the government again.

so tick tock, it's racquetball o'clock. and the republicans have to figure out how to shut up their own conservative base agai america's royal guests got a front row seat to the national protests surrounding the eric garner controversy, featuring his call for help, i can't breathe. eric hagel makes a surprise visit to baghdad. plus, american embassies around the world shore up security based on the extreme nature of enhanced interrogation tech f k techniques. >> six states are getting ready for impact of a nor'easter. what's in