pay for your mortgage utilities and insurance, if you didn't have to pay for that how would you feel? i would feel great. >> all the money here is going to help feed people. you are so incredible. thank you so much for being here. >> appreciate it. >> that does it for "the cycle." the justice department clears office darer darren wilson of wrong doing, but not ferguson police. the justice department today sparked national protests -- he has cleared officer darren wilson of civil rights violations. ferguson's police department routinely violated the constitutional rights of black rez department residents, exhibiting racial

bias. >> this investigation found a community that was deeply polarized. a community where a deep distrust and hostility characterized interactions between police and residents. it steams in part from racial bias both implicit and explicit. in this context amid a highly toxic environment defined by mistrust and resentment stoked by years of bad feelings, and spurred by illegal and misguided practices, it is not difficult to imagine how a single tragic incident set off the city of ferguson like a powder keg. >> the statistics are staggering. although black residents make up 67% of the population in ferguson they accounted for 90% of all arrests. 85% of traffic stops. 90% of tickets. 95% of jaywalking charges.

94% of failure to comply charges charges. in 88% of cases in which ferguson police documented use of force, it was used against african-americans. the report also found ferguson officials circulated racist jokes on their e-mail accounts. barack obama, the president, would not be president long because, quote, what black man holds a steady job for four years. the city of ferguson is expected to respond to these findings sometime this afternoon. joining me now is rashad johnson and trumaine lee. let's start with eric holder. it was a powder keg. i wonder whether you think this finding on the part of the doj, not that darren wilson is guilty of civil rights violations but

that there is racial bias in the police department, whether that gives a sense of closure or validation to citizens in ferguson. >> it validates what people had been saying so long. there was a serious issue in ferguson with police targeting black folks. they thought this was a bone because there would be no indictment of darren wilson. if so this was a bone he used to pound away at the ferguson police department. this speech alone, on his way out of the door said in no uncertain terms there will be change in this department. not just in ferguson but in the surrounding municipalities. will there be a hammer to drop if you see the police department has been racially biassed? what happens? how do we rectify the fact these two encountered each other under dubious terms? >> what happens next right? the fact that darren wilson is part of a police force that is accused of racial bias but

darren wilson has not violated the civil rights of mike brown, then how -- what are we to believe the penalty will be? >> he walks away as a millionaire, right? the big concern here is not what just we do in ferguson but what we do around the country. the standard is way too high to bring federal charges. local law enforcement when they are charged with investigating themselves don't do it. we can't rely on the federal government because the way the rules are set. one of the things we held up from our color of change members is how do we start getting mechanisms for enforcement. we can't this moment in all police departments around the country. this is great, but there are fergusons all across america. how do we deal with those police departments as well? >> that's the question. the ferguson police department is going to respond in a couple

of hours. the mayor of ferguson has not been embracing what was going to be in the early reports of the doj conclusions. how optimistic are you that ferguson will take this diagnosis under its wing and act according accordingly? >> some people say disband it, get rid of it, let st. louis county police us. >> does that make it better? >> you didn't look at the numbers in st. louis county. why not give them a chance to figure out what to do with this police department? you can't say ferguson disband, get rid of you. it's a national problem. i have talked to people not just in ferguson. in sanford, florida, houston, texas. they feel like they were targeted because they were young black men and they didn't know how to explain that. they didn't think anybody was

listening to them. what trumaine said about people listening to eric holder -- i had an interesting conversation yesterday. he said as a black man, this is more confirmation i need to teach my rights. our reaction is everything. that's what he said to me. that's resonating around ferguson. >> independent of african-americans who were targeted in ferguson this is a wake-up call to everybody in america. when you read the statistics, the 14 canine bites that happened by the ferguson police sicking canine dogs on civilians were all -- the ones that were accounted for, those dogs were sicked on black people. this conjures up images of the 1960s and the turn of the century. this is not the america that

people think we are living in. generally as a country, though, these numbers are eye-popping. these percentages are eye-popping. >> the numbers alone say something. we see the meat on the bones of this. when he said one young black man was playing basketball and he sat in his car and the police officer approached his car because the windows were a little dark we end up making him get out, patting him down. when the man resisted citing his constitutional rights the officer put a gun to his head. arrested him, had six charges, and lost his job. the statistics are bad enough but the day-to-day experiences of black people in ferguson, that's what we're speaking to. >> then the e-mails. one april 2011 e-mail depicts president obama as a chimpanzee. this is three and a half years ago we were talking about.

when you hear that this is what's being e-mailed around police departments, how do you begin to change? this is institutionalized racism. >> absolutely. if we hadn't had months and months of sustained organizing by brave young people we wouldn't be seeing these e-mails. this would have continued to happen and that mayor would have gone on tv and said we have no problems inside our police department. when i was in ferguson in a town hall meeting with the mayor and have him talk about how there are no problems that these people are comeing from outside that are organizing, advocating, that was not my experience when i was on the ground. these e-mails i think help people -- it is also the economic impact. the fact that this city time and

time again made its budget off the backs of poor people. tickets after tickets, fines after fines. it is no wonder this became a powder keg. as a result, we're having a national conversation right now that we have sorely needed. >> i don't know if they're making it so much a powder keg as sparking what was already there. ferguson collected $2.6 million in court fines and fees. it was the city's second biggest source of income. it is a predatory municipality. that's no way to run a city. if we talk about where does reform start, obviously dealing with race issues is a huge part of it but tackling these revenue streams is a huge part of the problem. >> when i talk to people they tell me don't just look at policing. we have to look at jobs.

we have to look at schools. we have to look at how the system is set up. yes, there's something to be said about how the city is making its money, but how is it running its schools? people say please don't just look at policing. please look at our whole lives. look at the whole african-american experience. i think trumaine has done a lot of reporting on the school systems there. you have to look at who is sitting in court. there's so much in this. >> it is like pulling a rock up and you see what's been happening and it is complete failure. the problem of racial bias is not just limited to ferguson. in washington state this week a republican state senator is under fire for saying colored people are more likely to commit crimes, a problem he appears to have made worse when he said this to a local reporter. >> originally i said people of color in my first statement. the second time i left out

"people of" i just said color. that was my mistake. they were talking about people of color and that's not just the negro or the hispanic. it's the whole group of minorities. >> this is the thing that makes me feel like we are living 100 years ago, the fact that the state senator is using the "n" word to refer to black people in 2013. >> the fact that we continue to be polite to one another while the statistics and the impact and the harm of black -- >> politeness is not a bad thing, but we entertain notions that somehow black people are more violent. >> with this decision that we can have a department that has huge racial problems but somehow darren wilson is not one of the racists decide in the department that we can have a country that has these problems but no individual is responsible for it to the extent we enter

these conversations and ripping apart the band aids and having the real conversations, we start to force ourselves to look deeply. hopefully at that point this type of transparency leads to the change. that's the work that organizers on the ground my organization, the young people across the country that have been raising their voices that's what people are demanding. >> this is an american problem. it cannot be allowed to continue. thank you guys all for your time. after the break, hillary clinton's e-mail controversy is not going away and now has the republican led house chanting benghazi benghazi benghazi. plus the trial for dzhokhar tsarnaev began this morning. all of that is ahead on now.

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at any moment the house select committee on benghazi is expected to send out new subpoenas to gather more information about hillary clinton's exclusive use of a private e-mail account during her tenure as secretary of state. today "the ap" reported that the e-mail server was registered to her family home in chappaqua, new york. clinton was home brewing her e-mails. this practice allowed her to

circumvent requests for her time at the state department. clinton is not the only politician to shield her e-mail. chris christie routinely forwarded e-mails about the george washington bridge to personal e-mail accounts. scott walker and his aids used a secret e-mail system to avoid public scrutiny and allow government staff to do campaign work from the state house. jeb bush owns the server for jeb at jeb.org, a personal e-mail account he used as florida governor from 1999 to 2007. joining me now, my guests. nick nick, in the rapid response team

or a rapid response analysis here, the thing it would seem that hillary clinton needs to do is something akin to what jeb bush did, which is a massive dump as all the e-mails deemed relevant in the hundreds of thousands and posting them somewhere online for the public to see. do you think that would change the crisis situation we seem to be in at this moment? >> i think it would probably help but i don't think hillary clinton's campaign team should be in charge of deciding which of these e-mails are relevant. it should be someone at the state department who has been given access to all the e-mails. this is not a decision her political team gets to make. it is a decision that public officials who are accountable to the public have to make. >> to be clear, jeb bush is deciding which e-mails he is turning over at

jebbushse-mail.org or whatever. ultimately, the e-mails that are posted on that website are ones that jeb bush has sanctioned to be posted on the website. is that correct? >> they are using that cryiteriacriteria. they're withholding ones that are not equivalent to florida's freedom of information act. it was known for a long time that jeb bush was using this e-mail system and reporters were aware of it and there were ways to get access to the e-mails. in hillary clinton's case, we were completely unaware that she had this system. now it appears that we know why. she didn't have a state department e-mail account to search. >> nick that seems to be a problem that the state department shares as well, right? reporters are being told part of

the reason perhaps that those searches are inconclusive is the state department doesn't have those e-mails on hand. they belong to hillary clinton. >> absolutely. there is a contempt for foya at all levels of the government. i've been asked foya stuff that i have later found on google as public information. it's ridiculous. i think there has to be much better enforcement and perhaps improved penalties for non noncompliance with these rules. >> the freedom of information act is very important. the transparency in it is foundational to our democracy and the freedom of the press. many people who could be running for president in 2016 are the very people who are trying to skirt the freedom of information act. >> remember in these states they

are covered by their state laws whereas foya is a federal law. nick is right. you run into roadblocks routinely. it is rare that you have an easy experience getting information out of the government. in 2009 when hillary clinton was coming into office, the rules on this were very clear from the national archives that if you were using an e-mail system not on a government network, you were obliged to make copies to put on the government system. that rule had no teeth in it. the regulations were pretty undeniable. she had a responsibility to be making copies of these e-mails that she was using on her personal account. >> it would seem no one can no -- because we can't rewind time and inhabit the mind of secretary clinton and her

strategists -- but this was all a bid to avoid scrutiny of her e-mails and it has backfired in the most colossally public way. >> i think they should be as transparent as they can. i realize that there are records here that are not subject to disclosure. it is not openky kimono on every e-mail every. the average viewer is not going to be that energized about the foya law as a reporter might be. i think they have a chance here to do the right thing and puncture this balloon if they go quickly. >> in terms of anybody who is trying to circumvent government

servers servers, we know they are pourous. there is at least some sort of backup system. there are folks monitoring the channels, if you will, to make sure they are not being hacked into or to deal with it if they are. that security does not exist on personal servers. do i think that's an accurate assessment? >> we don't know if it existed on her server. there would not be the same number of people monitoring her network as there would be at the state department. we still don't know a lot about the security she chose or didn't choose to put into her own system. generally there would have been teams of people monitoring the e-mail. when the state department's e-mails were hacked there were people who went in to try to mitigate that situation and would have been there to protect the security of her communications as well. if she was hacked on the outside, there wouldn't be any of way of knowing that by the state department. >> she wouldn't have necessarily

known her account has been hacked right? >> most businesses don't know for months after they have been compromised by an outsider. it can take an average of six months for large companies. sony didn't realize it had been hacked for quite sometime. there's no reason to think that hillary clinton had some sophisticated security to know she was hacked by a foreign government. coming up one of the alleged boston bombers gets his day in court. more on that coming up next.

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by clark also blamed the older tsarnaev for planning the attacks. she said it was tamerlan who self-radicalized. it was dzhokhar who followed. the opening argumented eds laid out the dispute at the heart of the case. tsarnaev is facing 30 charges, 17 of which carry the death penalty. he has pleaded not guilty to all of them. just ahead, mayor bill de blasio moves forward on something mayor bloomberg spent years blocking. more on that coming up next. ♪ turn around barbara ♪ ♪ i finally found the right snack ♪ ♪ ♪ ♪ building aircraft,

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antibiotics. ben carson says sexuality is definitely a choice just look at the prison system. what? >> first, today mayor bill de blasio announced that new york city will be become the largest school district in the nation to recognize two muslim holidays. >> we're making good on a promise, and it's time for this promise to be kept right now. this is about respect. this is about respect for one of the great faiths of this earth. families are the fabric of our city. they're the core of our city. all families deserve respect. every kind of family deserves respect. >> the city council approved the recognition of the two holidays back in the year 2009 but it was blocked by then mayor michael bloomberg. joining me now is chris hayes

and dorian warren and ana marie cox. jenson new york bill de blasio doing something that has been approved for six year. really interesting time for this. >> it was like drudge or sleeping. what could be the best -- what's the best line we could come up with tomorrow? what's "the new york post" headline? >> also meaningful to the 10% of the city which is muslim. >> 100% meaningful. choosing between going to school and your family holiday is horrible. my entire childhood we had yom kippur and rosh hashanah off.

>> same for christian holidays as well. >> that was bloomberg's interesting interesting rationale. if we close school every single day, there wouldn't be school. >> some religious holidays are good and some are not. >> this was a campaign promise by mayor de blasio. i think it is important to lift up that he's made good on this one particular promise among some others. >> at a time where there is inevitably going to be some blowback. >> let me give credit so far, despite our jokes about "drudge report," i'm curious to see what "the new york post" headline tomorrow. >> there is a lot for them to chew on at this point. ben carson former director of pediatric neurosurgery at

john hopkins said this on cnn this morning. >> you think being gay is a choice? >> absolutely. >> why do you say that? >> because a lot of people who go into prison go into prison straight and when they come out, they're gay. >> your thoughts on the fact that this man is a viable contender for the republican presidential nomination. >> i enjoyed his campaign while it lasted. maybe we need to come out with a new shorthand for "it's not brain surgery." >> there will be a republican rocket science nominated who believes being gay is a choice. >> it is actually a horrible thing to say.

we can sort of laugh about it because it seems ludicrous, but for one thing prison rape is a real problem and it has real victims. it's something that shouldn't be laughed about generally. this is incredibly offensive. it's a wonderful thing we can take it so not seriously as to laugh at it, but let's not forget it's a probably horrible thing to say. >> he alienates the gop on further issues. gay rights is an issue and prison reform. >> let me say something slightly not the talking point, per se. >> there are no talking points. >> there is some good biological evidence of the innate nature of sexual preference but it never made sense to me the civil right should be connected to that in

some way. the idea that the civil right and equality is predicated on some view of the facts of the matter such that it is not choice, that doesn't -- so what? so what if people choose to be gay? they should be able to do that too. that has nothing to do with whether we offer them equality. >> that issue is the status and the rights of gay people that he is against. i think we need to pull his science card in terms of him being a surgeon. there are no scientific studies that show what he's claiming whatsoever in terms of the prison. >> the head of pediatric neurosurgery. >> he was a hero and legend to tons of people. >> ben carson of the 20th century. >> yeah. it is said the denoument.

having scared off left shark entrepreneurs with cease and desist letters, the singer is bringing this onesie for the super low price of $129.99. i'm outraged by this story in part because the sort of trademark spree, trademarking spree that pop music artists are apparently on right now, katy appear perry, taylor swift, seems wrong. >> it goes against the sort of what i think of the values of left shark as well. [ laughter ] >> you can just leave it there. >> that's so good. >> an official left shark onesie

is a right shark onesie. rand paul is doing his best to convince conservative critics that his listless clapping is no way reflective of his impassioned support for israel. >> i cosponsored bringing him here and on the day i decide to cosponsor the corker deal we have gossipy websites looking at the metric of how fast you clap. i think they demean themselves. >> gossipy websites like bloomberg news. >> are you kidding me? this is where we're at. it is an issue in the republican primary on foreign policy about whether a republican member of the senate clapped sufficiently

hard for a foreign leader speaking before the congress. >> without the invitation of the white house. >> this is like some stalinist madness. >> this is a story because it became a thing on the internet. people were observing rand paul in that one shot and freaking out that he was not -- >> not from the progressives of the party. >> no this is from the right. >> can we roll that again? vitter is frowning too much. tom tillis has no joy in his face. there's not a single hint of a smile. show me your smile. >> ana marie, it is an issue for rand paul. the fact that he knows i gave 50 standing ovations like he is counting them quietly on a card somewhere -- february 24th -- he

has a problem, rand paul. >> it's not that he didn't clap hard enough for b.b. rand paul's issue about foreign policy predate this. i am curious what hard enough clapping would be and how it is measured. like the beauty required to launch one ship is a millie helen. is there a tinker bell metric we can use? >> i tried to book jennifer rubin for the show tonight. i wanted to start and start like this and then go like that and have her stop me when i've gotten to the point of sufficient -- >> enthusiasm. >> i think rand paul should buy that left shark onesie and wear that. >> that's what i'm saying

approximate approximate. okay. now that i have mixed all kinds of inappropriate things together as i do on this show thank you guys for the best segment we have ever done on this show. be sure to catch chris hayes every night here on msnbc at 8:00 p.m. eastern. we are all excited for it chris. i'm pointing at him. you can't see that. you can watch dorian online on "nerding out". coming up could health care for 7 million people be wiped out by just four words? the latest from the supreme court is ahead on "now." it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer,

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nearly three years after the landmark supreme court decision that upheld the constitutionality of the affordable care act, it faces another test. the health care of 7 million americans could stand on four words, established by the state. the federal government is running all or part of the exchanges in 34 states. the stakes are incredibly high

and the justices are sharply divided along ideological lines. if there's hope for the obama administration and the americans getting health care under the law, it may rest on justice kennedy. taking away federal subsidyies could throw the nation into a "death spiral." he said the challengers may win anyway based on those four keywords established by the state. as for the man who cast the decisive vote the last time around, chief justice john roberts today said almost nothing. joining me now is the vice provost at the university of pennsylvania author of "reinventing health care," dr. zeke emanuel. >> it is good to be here. >> we know these four words are onerous onerous.

is the rest of the bill written in such a way to support the defense's argument? >> what was very interesting to me is two things that happened almost right out of the box in the arguing. the first thing is that justice briar went after the planintiffs and said look, if you read established by the states you have to read it as a very specific rendition. go back to what an exchange is and established by the states means you go to this provision that says the states shall establish and then there's this fallback option and it refers to either one of those as "such exchange." by the language they have these two provisions both of them fulfill the notion of an exchange by the state. he kept pointing out that if you read the text it does seem that

it is all encompassing. after he made that point and it was never rebutted by the plaintiffs, he got bored with the whole proceeding. justice kagan said well, you know, let's take the simple example of -- i say to clerk one in my office write this memo. i say to clerk two, edit the memo that clerk one writes and if clerk three can't do it you write the memo. should she edit the memo or not? clear she edits the memo because either one or three wrote it. that was the way she phrased the task to be done and is that got a laugh out of a lot of people. it made clear whether it was done by the exchange or the federal government done by the state -- >> it is a 900-page law. >> i agree it is not a memo but

the idea is establishing the exchange. >> for those of us who have watched the battles, these four words, it is like how could this have happened. how could we be here where 7 million people's health care is on the line because of four stupid words? >> lots of bills have lots of language that have to be reconciled. i think everyone who wrote it thought that it was pretty clear that these words refer to both sets of exchanges. again, it was made clear by solicitor general no one ever objected to that notion when it was discussed and the regulations by the irs were put out. no state objected to it. i think that was very clear. justice kennedy said well if you were really threatening the states with destroying their insurance market by creating the requirement for insuring everyone regardless of preexisting conditions but with

subsidies, you should have made it clearer. that would be more coercive to the state. he made the point that violated federalism. you have support for upholding the statute. read the text in its entirety. >> justice kennedy mentioned the phrase "death spiral." a lawyer for the plaintiffs said there is not a scintilla of evidence that state insurance markets would implode without the subsidies. how did you react to that? >> i was part of the economist brief which said that is factually incorrect. it is more than theoretical. we have tried exchanges in the past without subsidies and they explode with a death spiral for economic reasons. those people who are healthier are not going to pay higher rights without subsidyiessubsidies.

if you don't have that only the sick stay in and the premiums keep going up and people peel off and you do not have an exchange in the end. >> i think you sound bullish on the aca ripped asunder, is that right, zeke? >> i went in pretty optimistic and i came out even more optimistic optimistic, i think. solicitor general did a very good job of making very clear points about just read the statute. it all holds together if you understand "established by the state" as encompassing the state or the federal exchanges. if it was meant to give states flexibility, this is the wrong way to coerce the states the argument of the plaintiffs. i think that was bought. one of those three arguments was bought by at least five of the justices. roberts was totally silent. he made three minor comments

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interview as part of msnbc "7 days of genius" festival. "the ed show" is coming up next. good evening americans, and welcome to "the ed show," live from new york. let's get to work. >> health care under attack. >> stand up, fight back. >> tonight obamacare hangs in the scales of justice. >> we aren't asking for a handout. just a fair chance. and just in the justice report on ferguson. >> some of those protesters were right. >> united we stand. divided we fall. later, retraction demands. >> the whole premise of it has fallen apart that hillary clinton violated the law here. >> the clintons have a separate set of