dyson in for ed schultz. we begin tonight with breaking news from madison, wisconsin. the dane county d.a. has decided not to press charges against madison police officer matt kenny. kenny shot unarmed tony robinson on march 6th. >> a lawful use of deadly police force and that no charges should be brought against officer kenny in the death of tony robinson jr. >> officer kenny was responding to calls that the 19-year-old had assaulted two people and was running in traffic. police say robinson was unarmed, but attacked officer kenny. the family of tony robinson is expected to give a news conference in a short time from now. we'll bring that to you as soon as it happens. joining me now a contributor to "essence" magazine, and john kelly, defense attorney. also, joy reid msnbc national reporter. on the phone is the editor and chief of the progressive magazine based in madison. ms. madison, what's your reaction to no charges filed in

this case? >> i think that while it's very true that each of these cases is facts specific, and in this particular case it does seem that the independent investigator found that there was no probable cause to move forward with charges, i did deep sigh when i first heard the announcement, because i think like so many other people who feel alliship with the black lives matter movement and the call to push for substantive and serious reforms in this process, each time there is an announcement of no indictment or no charges, and really no accountability when someone's life is lost i think that that's a tragedy. and so while i think that each of these cases is fact-specific, that doesn't diminish the tragedy and sadness that i'm sure everyone is feeling on all sides. >> it was fact-dense. there was the outpouring of multiple facts because one feels that this d.a. felt that he had to present these facts in order to justify his ruling

especially in light of the contemporary climate. so the d.a. kept pointing to evidence from callers who were interviewed about the information reported in the 911 calls. what's your reaction to all of that? >> one, i think it was a model of sensibilities in this particular case. i think the city itself is very reserved. demonstrated peacefully. i think the police department and the outside investigators that investigated the shooting were very thorough. an eight hundred-page investigation. they had all the forensic evidence. they had the toxicology reports. it just seems in this particular case it's tragic. i think the result was appropriate. i think the city and the family will understand that. they will have a hard time living with it. it's a loss a tragic loss for them but i think it was the

right decision under this particular set of facts. >> ruth since journalism is the first take on history, what do you think the journalist uk assessment of this will be? will madison turn into another baltimore situation where there's a huge outpouring of grief in the wake of what has been decided here? >> well you know i think that madison is going to remain calm compared with baltimore, because the community has been working really hard on that leading up to this announcement. there have been weekly meetings with civil rights groups and community members trying to make sure that there's a plan in place for what was really ultimately kind of the expected outcome here. so i don't think that you're going to see huge sudden shock or a giant backlash. from my direct observation downtown, where people are gathered outside the home, there is a lot of quiet conversation going on. that said, you know we are in the midst of coming to grips

with how racially divided our state and our city really are, and because this is such a little liberal enclave here in madison, wisconsin, and sort of the berkley of the midwest, there is a real frus reagantration on the part of a community that has not faced up to the fact that we have massive racial disparity, the worst in the nation in terms of academic achievement gap in terms of poverty in terms of black male incarceration. so this incident really aggravates some deep wounds and some real pain and anguish. i think it's going to be a very intense effort here in madison for people to seize this moment and really talk about what is so terribly wrong here. >> right. so joy, in lyingight of what ruth has just indicated to us giving us a kind of autopsy there of what's happening there socially in the wake of the death of mr. robinson, draw back a bit for us

and help us understand what the d.a. did. he started with a kind of authenticity card. i am biracial. my mother is a black woman. she's concerned about me and my safety to this day. so he in one sense establishes the parameters of his legitimacy by justifying his remarks predicated upon his own personal racial identity to establish the fact that he can therefore be fair and just here. tell us about why that move is either necessary or he put that forth at this particular point in the midst of what we see going on in baltimore and before that in ferguson. >> i think it's a really great point, michael. i think what we're seeing in this and you really captured it, we're seeing in the way that these cases are being presented to the public a real evolution. a really dramatic evolution from going back to the days when these kinds of incidents would be accompanied by a press conference that was all about a mayor showing absolute support

for the police department. and now we've evolved to a point where people are very careful in the way that they present these cases. it is exceptionally rare for police officers to be indicted charged, let alone convicted in case where is they used deadly force. the gurley case in brooklyn is a rarity. the case in baltimore extremely rare. but i think when you go from just bob mccullough's presentation of the darren wilson outcome, and the sort of presentation that was about exculpating the officer all the way until now, you're seeing that cities and these officials and d.a.s have learned a lesson. they've learned that you have to start with empathy both for the officer and their family, but also for the community. and they have to start from this point of empathy with the african-american community, with the aggrieved fam edd community and

the family. that is actually part of the conversation. i think that in and of itself is a huge victory for the black lives movement. the fact that this d.a. has to self-identify with the people he is disappointing, he has to quote dr. king is a victory for the black lives matter movement. they've made the family the dead young black man actually matter. >> does it turn out to be a strategy that is deployed simply to mollify the tensions and to keep calm the people as opposed to delivering a substantive shift? it's one thing to existentially and emotionally identify with the person but can we also move that forward in terms of policy or at least the kind of filing of charges that might mean substantive adjustments? is it for show? is it for -- you know which is still progress. but, you know are we still wanting something, is something still lacking there? >> no i absolutely believe that it is. i won't say it's for show but it is about managing the public

reaction. bob mckolcullough showed the absolute worst way, where you are disappointing the public. essentially the outcome he wanted and got. he did it in a way that appeared very callous. i think now as people see the unrest rolling across the country, the fear of their city becoming quote, unquote the next ferguson or baltimore, has caused public policy to look very carefully at how to manage the public's reaction. they don't want there to be a violent, angry reaction. so you have i think, these d.a.s trying to present the obvious, which is that officers don't tend to get indicted for this, in the way they think will make the public react in the calmest way and the way they think will bring the community together. this country has made an affirmative decision to give police an incredibly wide amount of latitude to use force against us. and the public needs to have a real conversation about whether

we want there to be that level of impunity when deadly force is used. right now all the way up to supreme court cases, that latitude is broad. it's very difficult to achieve an indictment, let alone a trial and conviction of a police officer in the death of a citizen. very hard. but that is what citizens need to address with our elected officials, whether we believe that that latitude is fair and that is a really i think important question. >> yeah it's a great point. john preliminary autopsy report shows robinson was shot in the head, the torso, and the right arm. some would say just on the face of it that this is excessive use of force. can you shoot the guy in the leg? can you put a shot in the thigh to wound him? tell us why this wasn't the excessive use of force. >> the assumption might be that the first shot fired was one in the head. the first shot fired may the one in the leg, the second in the torso, the third in the head. there was an ongoing struggle there where the officer went

down a flight of stairs. he was banged against the opposite wall. and his fear is in his testimony that tony robinson was going to get hold of his gun. and tony was on marijuana taking xanax, hallucinatory mushrooms, and i think this police officer had already been struck once and thought he might lose consciousness. acted in self-defense. i don't think we can make an assumption in the series of shots. he feared for his safety. he feared for using his gun. he took what was seen as a very restrained, but acceptable use of force at that time. >> look we have got a minute left before we take a break. but isn't it to the chagrin of the public and the police forces across the nation that when

there are exaggerated statements, where some people clearly weren't, that it begins to sully the legitimate claims that in this case might truly exist. isn't that a warning to police officers as well as the rest of us? >> well yeah. and there might not be so much wrong with that either. the additional scrutiny the initial empathy, the restraint we're showing and look at all the facts before we get the appropriate reaction i think is proper. and you learn by your mistakes. you look at rape cases or something and there are legitimate ones and it's the one woman who fabricates something that puts a damper on the whole thing. i think it's like wise here. you have one police officer shooting that's a bad one and it makes everything suspect then. >> all right. we're awaiting a press conference from the family of

tony robinson. we'll bring it to you live. we'll look at what's next for the tpp. stay tuned. ♪ if you're looking for a car that drives you... ...and takes the wheel right from your very hands... ...this isn't that car. the first and only car with direct adaptive steering. ♪ the 328 horsepower q50 from infiniti.

we're still awaiting a press conference from the family of tony robinson. when it starts, we'll bring it to you live. but first, major news on trade deals in congress. stay tuned. right now, save up to $200 on eyeglasses. quality eyewear for doers. sears optical >>who... is this?! >>hi, i am heinz new mustard. hi na na na na >>she's just jealous because you have better taste. whatever. >>hey. keep your chin up. for years, heinz ketchup has been with the wrong mustard. well, not anymore. introducing heinz new better tasting yellow mustard. mmm!

tpp suffered a major setback today. late this afternoon, the senate held a procedural vote on fast track trade authority for the president. they voted 52-45 to block fast track. democrats blocked the measure that needed 60 votes to advance. this is a huge victory for opponents of the transpacific partnership. moments after the vote senator mitch mcconnell addressed fast track's failure. >> what we've just witnessed

here is the democratic senate shut down the opportunity to debate the top economic priority of the democratic president of the united states. i suspect some may be parking the vote rather than buying the outlandish rhetoric we've heard from the left. >> after the vote, senate democrats gave a press conference themselves. they blamed senator mcconnell for compromising the deal at the last minute. >> both those who are for tpa and those who are against it banded together to block a move by our republican colleagues to press forward with a trade deal while leaving critical worker protections behind. under the plan senator mcconnell put forward at the last minute we didn't know about it until 12:30, the senate would have passed tpa and taa, but failed to pass enforcement provisions that would combat currency manipulation and other very important child labor and other

enforcement provisions. all of which has robbed the u.s. of thousands and thousands of jobs. >> you simply can't do trade promotion without trade enforcement. even the most enthusiastic supporters of fast track and the most enthusiastic supporters of tpp and free trade acknowledge there will be winners and losers. it would be a tragedy if we didn't help those american companies and american workers and american communities who will inevitably be hurt by actions in washington. >> today marked the victory for elizabeth warren and has been slamming fast track and tpp from the very beginning. earlier today, elizabeth warren spoke about faulty trade deals. >> the game is rigged and we are running out of time. we cannot continue to run this country for the top 10%. we can't keep pushing through trade deals that benefit

multi-national companies at the expense of workers. >> the two big winners today are senators elizabeth warren and bernie sanders. democrats in the senate chose to side with them over president obama's questionable trade deal. at this show we have talked about it constantly. we've noted that there are major problems with this deal. it's been conducted in secret. the details are not available to the public. fast track authority would be granted for six years. the investor state dispute mechanism could circumvent american law. when it comes down to it past trade deals like and a half have have caused american jobs to be outsourced. for more let me bring in john nichols, washington correspondent for the nation magazine at the united steel workers union hall in lorraine ohio. john, i mean how big a deal is this? >> presidents usually get fast track at some point and they usually get their trade deals. we've had an awful lot of them

come in the last quarter century. they've almost all ended up costing jobs in the u.s. and feeding into bigger trade deficits. when i talk to steel workers in lorraine today, as they heard the news from the senate, they were excited they were happy. they said look, this is going to help us keep our jobs here. but they also said and i think they're right, that this fight isn't done. it's very very likely that there will be more congressional votes on fast track and perhaps tpp. >> right. so what are you hearing in ohio about the trade deal itself? the president has been saying it's just simply wrong on this. how are the people in ohio themselves feeling? >> well the fact of the matter is that people in this part of the country are very skeptical about what they hear as a trade deal is being negotiated. people in toledo and lorraine

and cleveland, they've gone through fights over nafta and most favored nation status for china. deal after deal after deal. and as bernie sanders said every time they get promised a lot, and then every time they end up with plant closings and fewer jobs. we've had 60,000 american factories close since 2000. and an awfully lot of them have been in this part of the country in the industrial midwest so. the fact of the matter is there's huge skepticism and i know there's a lot of talk about elizabeth warren and her sincere and important concerns regarding investor stake, but in these parts of the country, the core concern is simply about whether american jobs will be lost to another trade deal. >> well, you know, speaking of elizabeth warren she stands to really gain from this because it varnishes her reputation as a

no-nonsense for the people senator. but she's not running for president. at least she claims she's not. but bernie sanders is. does this enhance his prospects and make him a serious player? >> i think it does. as this issue continues to be in focus, it gives bernie sanders a chance to distinguish himself and to stand very very strong. remember hillary clinton has said some important things on trade. and she's moved toward a more worker friendly stance. but bernie sanders has come out as a 100 percenter. i'll note in recent polls, he has moved up i think in part because people really are starting to focus on these issues. the number one public education piece in america. there's an awful lot of people who have had firsthand experience as regards trade

policy and they're very skeptical and concerned. i think if tpp remains on the agenda, it is likely to have an impact on the 2016 race. >> john nichols, thank you so much for your time tonight. let me bring in senator bob casey of pennsylvania. senator, your reaction to today's feat of fast track? >> it was a good day for workers when you have folks like democrats in our caucus as a united effort to make sure that those who have lost their jobs because their jobs are shipped overseas that they're getting protections and to make sure that we're taking steps to end currency cheating by countries like china and other countries who have engaged in manipulating their currency to help their workers and industries. so that's a good day for workers, but we've got a long way to go and this is going to be a long battle.

democrats indicated we're going to stand up and fight for workers. >> are the republicans going to let you vote on currency manipulation? the fact is the perception has been that the senate has been such a stalwart against president obama, that it would seem the democrats would then rally around him but on the flip side of it given that you've cast a vote that now faefr favors so many of their minutes are they going to resipry indicate in terms of moving that forward. >> we'll see. i can't predict what the republican leadership will do, but i will say this. when we had a debate on the finance committee a couple weeks ago, you had republicans who will likely vote in favor of a trade agreement, contrary to my position, who still believe that we should do something substantial in this process, the so-called promotion authority. so you have people who don't necessarily agree with me on trade, who are still saying currency manipulation or cheating on it is a problem

because it costs american jobs. one study by the economic policy institute as it relates to japan's cheating on currency over many years and they are in this agreement, by the way, that japan's currency cheating causes a trade deficit, which causes 40,000 jobs to be lost just in pennsylvania, not to mention hundreds of thousands across the country. >> is there anything the president can say? he's pretty ticked with senator elizabeth warren and pretty irritated by her persistence in this issue. now with this vote, he certainly is to be expected to be even more irritated. is there anything he can say that would change your mind? >> i don't think so but it's still important to have this debate. this is a debate about jobs and wages. it's a very important debate. we can have a big debate and get through it and see what happens at the end. along the way, we can come

together to protect workers. we all ought to make sure that if workers are displaced, that we get some help and also make sure that we take very specific steps against currency cheating which gives china and other countries real advantages over our companies and our workers. >> all right, senator bob casey, thanks so much for your time tonight. >> thank you. the family of tony robinson is set to speak about the madison county d.a.'s decision not to press charges in their son's death. we'll bring you that press conference live. stay tuned. su surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs. billions in tax revenue... and a new century of american energy security. the new energy superpower? it's red, white and blue. log on to learn more.

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there's some facts about seaworld we'd like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world, our whales are healthy. they're thriving. i wouldn't work here if they weren't. and government research shows they live just as long as whales in the wild. caring for these whales, we have a great responsibility to get that right. and we take it very seriously. because we love them. and we know you love them too. lawful use of deadly police force, and that no charges should be brought against officer kenny in the death of tony robinson jr. >> welcome back. we are awaiting a press conference from the family of tony robinson. the district attorney of dane county, wisconsin, will not

press charges against madison police officer matt kenny. kenny shot and killed 19-year-old tony robinson in march. robinson had allegedly assaulted two people and was running in traffic. according to the report kenny forced himself into an apartment that robinson had run into. authorities said robinson and kenny got into an altercation inside the apartment where kenny shot and killed robinson. the aclu released a statement on today's decision that reads in part, the aclu of wisconsin regrets district attorney ozanne's decision because it leaves a cloud of uncertainty over the circumstances of and the responsibility for tony robinson's death. if officer kenny did not violate the law, then is anyone legally responsible for mr. robinson's death? does the criminal law protect individuals like mr. robinson from deadly force exercised by police officers? are police officers above the law? joining me now is the contributor to "essence" magazine, joy reid and john

kelly, defense attorney. joy, what do you think about the reaction from the aclu here? what they're making an argument for is that we've got to establish a baseline of culpability for the police department. you've already indicated earlier in the show that it's very rare as we know for police officers to be charged. so what the aclu is asking for here is some kind of public evidence to substantiate a claim of innocence here, of at least of not being guilty. so how do we then take them to task and hold the police responsible? >> absolutely. and michael, gone are the days when it's simply enough for police to assert that the officer acted lawfully and there's no questions asked. in the intervening years, particularly after -- since the michael brown case we know that in cases like the walter scott case in south carolina in cases like we've just seen in baltimore, you can't just take place at their word. and the police words are always very symmetrical. the person reached in their waistband. i thought he had a gun. i feared for my life.

this is the narrative that attends almost every police shooting. you can go to any of these cases. police are going to use the narrative because it works. i think it's also a question for the media as well. do you simply take that at face value? do you take the officer's story at face value? because up to now, the vast majority of grand juries the vast majority of juries simply do and that's been enough. so that has meant that families of people who have been killed by police are left with nothing that they can call closure, let alone what they would consider to be justice. so i think that we need to as a country take a step back and ask ourselves whether we have given through our statutes way too much latitude for police to feel comfortable that that narrative is going to work. that there's not going to be accountability. because to be honest with you, the only thing that changes behaviors of institutions is the sense that there's going to be accountability. what changes political behavior is the fear of losing an election. i think in the case of police what would change the overall behavior and attitude toward

communities is the sense that there could be accountability. i think right now most of the public and probably many police in their union they know there probably won't be. i think we have a fundamental problem that is statutory in nature. >> given what joy has indicated here and given us a powerful analysis of how do you generate a counternarrative that suggests that there is responsibility of all participants here? we know that police people are there to protect and serve, and yet the strength that they've been able to accrue as a result of strong unions and the presumption of innocence that should be applied to all, of course, but that hardly ever brings police to account legally speaking. how can you generate a sufficient and powerful counternarrative that will protect the people who need to be protected? >> i think part of the narrative that needs to be created is one in which we're asking, and i think that in this case this is true for an increase in the transparency. so when police are coming out and saying that these are the circumstances that led up to the

use of deadly force when a citizen is involved the public is required -- excuse me the public demands answers and full accountability of exactly what led up to that death. and that is because we need to restore, or maybe even create actual faith in the criminal justice system and right now, we just do not have that. so when there are any of these shootings across the country, you see the public responding and saying we don't believe the police department. that needs to change because that is something that cannot be sustainable. i think that we're at actually a come to jesus moment in this regard. and like joy said so eloquently before, we're no longer at a point where we're just going to take the police line as the default factual narrative without questioning it. we demand answers as a public and i think that we should get those answers and transparency is important in that regard. >> we're awaiting a press conference from the family of tony robinson accompanied by

lawyers. when that is going on we'll bring that to you live and direct. in the meantime john looking at the details of this case is there any possible scenario for us to understand that charges might actually have been brought? >> i guess there is a scenario. it could have happened. but i don't think it would have been appropriate in this particular set of circumstances. you know my the right decision for me. a couple things -- >> let me ask you a question first. so because the overwhelming majority of cases have not resulted in police people being charged, what kind of case would exist where you think it would be reasonable for a police person to be charged? >> i can't think of the names of the young men right now that have lost their lives, but i've looked at several other cases where i think it would have been appropriate for officers to have been charged with one form of manslaughter. >> the freddie gray case?

>> yeah, yeah. in this particular case i just don't think the facts were there. there were three 911 calls made from people who felt there was a dangerous situation, that tony robinson was presenting. and the police officer kenny responded to that situation called there by citizens calling for help. and that he went into the apartment building and this was a young man that assaulted him, and the evidence indicated he had to protect himself and his weapon. i mean there was no reaching for the waistband claim here. there was no claim of what they thought they saw was a gun in his hand. a physical assault, and he acted accordingly. and this was very erratic behavior by a 6'5" young man who assaulted other people on the street and assaulted this police officer. you know, it really bothered me also was the aclu statement saying where does responsibility lie, the implication being that for every death, there has to be

a responsibility or acceptance of responsible or something was done wrong. i mean this case i think the police officer acted appropriately. maybe he's responsible, but he's appropriately responsible. i hate to say it it will be very unpopular, but perhaps tony robinson under the influence of drugs acted erratically and getting physically, can we lay responsibility at his feet a little bit too? as horrible as the suggestion sounds. >> let me bring joy in. joy, let's look at that argument that john is laying out here that perhaps his death was warranted as a result of his erratic behavior. but can we juxtapose this too in sharp manner. many other non-african-american or latino people who act equally erratic, but the outcome is not nearly as fatal or lethal as in this case. is there any possibility that there's some wiggle room? >> absolutely. and here's what i would say to

that. and i have a family member who was a retired nypd officer. i have friends in south florida who are police officers. policing is a profession. it is a profession in which a fundamental part of your job is dealing with those people who are erratic. those people who are behaving outside the norms of proper social behavior. it is a profession because you are trained to confront those people. and hopefully in a peaceful way that does not result in the loss of life meaning your life, a member of the public's life or that person's life. you bring chaotic situations to a close. that's what policing is. it isn't a war between an armed police force and an armed public or a scary public. the police are supposed to confront somebody. whatever their internal feelings of fear. they're not supposed to confront them the way i would. i might be terrified of somebody who was behaving erratically toward me and seemed to be reaching toward me in a way that was frightening to me. but i'm not a trained police

officer. i think we need to start asking ourselves whether we are training police officers to react to people who are in erratic situations in a way that preserves life. and we've seen situations the bath salts situation in flr, where -- florida, where you literally had a man viciously attacking another man on the ground. somebody who was dangerous. that person could be apprehended. we've seen the case in england where a man was wielding a sword and police took a long time like 20 to 25 minutes using non-lethal force to very carefully subdue this person who was obviously either inebriated or mentally ill. we are asking police to almost do social services in our country. to deal with the mentally ill. to deal with people who are addicted to drugs. we're asking them to do a tremendous amount and maybe some of that isn't fair but we also want to treat them as professionals and we don't want to presume that the only choice when somebody is erratic or somebody is aggressive is to shoot and kill them. i think that is an untenable situation going forward, because

if that's what we're saying is the only choice that professional police have when someone is erratic is to shoot and kill them, then we really do need to have a conversation. >> i just want to respond to that. point well-taken. and i'm taking a step back here too. a couple things. one, so we were talking here at a break about how you would have the same situation, tony robinson situations in europe, but they just don't carry guns the police. so you're not going to have the deaths there when the police are called to the situation. >> yeah. maybe we should take a line from them there. we're still awaiting a press conference from the family of tony robinson. we'll bring it to you live when it happens. stay tuned. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation

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do. right now, save up to $200 on eyeglasses. quality eyewear for doers. sears optical welcome back to "the ed show." we're still awaiting a press conference from the family of tony robinson. when the family comes out, we'll bring you their remarks live. joining me again now is the contributor to essence magazine msnbc national correspondent joy reid and john kelly, defense attorney. give us a sense of what you think is how we proceed here. because on the one hand, obviously we have legitimate concerns about the public safety of american citizens regardless of color, race sexual orientation and the like who deserve to be protected from what they perceive to be a menace. but that has been the problem. the construction of menace has been racially tinged and also

infused with gender. so how do we talk about making distinctions between perceptions of menace that are real and in our face and the kind of collective angst that the culture feels when they're confronted with an erratic person who happens to be african-american or latino. >> i think that we actually have to honestly confront the fact that implicit bias exists in all human beings including police officers. i think the pushback on that presumption is where we go wrong often in these cases. i think even going back to trayvon martin if you make him anything other than a black young man, i think most of the public would not default to oh well george zimmerman must have been in fear for his life. in so many of these cases, police officers assert that they were in fear for their life and the general public at large says well it was an african-american or a latino gentleman, so that is a justified fear, and so therefore the force was justified.

and i just think that that presumption needs to be critically examined because that is implicit bias. if you're assuming that it was justified or it must have been more justified in that case because a black latino man is more frightening than a white woman or a black woman, and black women are also victims of police brutality and violence. i think the presumption that the black body is therefore a menace and dangerous is where we actually have to have that hard conversation, because until we do that there is going to be no faith in the criminal justice system on any level. and i think that that is what is now spilling into the streets with black lives matter because, you know this is -- black people and brown people for so many years and decades have faced this problem, and yet now it's spilling into the streets. and everyone is paying attention. but it's not a new problem. it's one that we actually have to honestly confront. we skip over the actual conversation. >> john, what about that argument about implicit bias and

the way in which implicit bias infiltrates all segments of the culture, including police people. how do we account for that even as we go about the necessary duty of policing communities that are ravaged by certain forms of crime? >> boy, i think if i had that answer i could solve a lot of problems across the cities in the u.s. but there's no question there's inherent bias there. on different levels. the young black man or the black women, or in different cultures. but i think it's a question of training, a question of sort of taking a harder look at these cities, putting a lot of eyes on each of these situations that have become so prominent now in saying what went wrong. how could we have handled it better. and what can we do to prevent this in the future. i think these are the three steps that are being put in place across at least the larger police forces, right now across

the country. you've got the cameras and patrol cars and on the police officers themselves, which is sort of a built-in restraint right there. there's training. seeing other police officers indicted and locked up for their actions. and you're seeing police officers that are seeing their brothers humiliated on youtube and things like that where they claim they were assaulted and then you see them shoot a black man in the back. so it's sort of like there are eyes everywhere now. there's a process now. change is needed now. it's got to be instituted on the street level and the legislatures and headquarters of the police departments across the country. and i think it's getting the scrutiny and it's getting the attention out there. and this is one more of these cases. >> thanks so much for your time. we're still awaiting the press conference from tony robinson's family. we'll bring it to you when it happens. stay tuned.

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the first and only car with direct adaptive steering. ♪ the 328 horsepower q50 from infiniti. welcome back to "the ed show." the fallout continues over over deflate-gate. tom brady will be suspended for four games without pay for conduct detrimental to the integrity of the nfl. today, tom brady's agent said he will appeal the decision. he released a statement that read in part the discipline is ridiculous and has no legitimate basis. the wells report found it more probable than not that brady was generally aware of the footballs being deflated. the nfl is punishing the patriots franchise for violating rules and failure to comply with the subsequent investigation. the patriots will be fined $1 million and lose their first round draft pick in 2016 and

fourth round pick in 2017. these penalties really ain't no joke. robert kraft has indefinitely suspended both the locker room workers accused of deflating footballs. kraft released a statement saying the punishment far exceeded any reasonable expectation. it was based completely on circumstantial rather than hard or conclusive evidence. reaction from players has been pouring in. patriots running back legarrette blount tweeted, this is absolutely ridiculous. pats nation stand up. giants quarterback eli manning is taking a different tone. he told reporters, i don't like to see anybody get suspended, i don't like to see anybody get in trouble, so in no way am i glad to see this happen. eli went on to say, however, i think it's about integrity and you have to follow the rules. so if someone's breaking rules, i understand they're going to get punished. for more let me bring in former nfl quarterback sage rosenfels and steve kornacki host of "up"

on msnbc. i'm sorry, we're going to have to cut here. the family of tony robinson is giving a press conference following giving a press conference by the district attorney not to press charges against the officer. let's listen in. >> it is a tragedy for the family and a tragedy for this community. the loss that this family has experienced that this 19-year-old who will not grow up is almost impossible to put into words, and today the reason we're late we were handed a pile of paper by the district attorney's office. we had hoped to be able to review that paper before we addressed the media but we have not had time to review what they have provided to us but from what we can gather -- from what we can gather there are a number of questions. first of all, the evidence suggests that the police officer was told not to go into the house at all, and he went into the building and created a confrontation that led to an unnecessary death, even though

he was instructed to wait for backup and to not create a dangerous situation, but more troublingly there are a lot of unanswered questions about this shooting. the police officer's account has changed over time. it continues to evolve where he said inconsistent things and we understood the d.a.'s explanation of what that video shows, it shows a police officer outside the building firing for a seventh time the seventh shot into the building, a bullet that hit tony robinson at a downward trajectory and killed him, and that makes no sense why the police officer would be shooting from outside the building into the building killing an unarmed young man, and the police officer's account, which we heard described today, described as something that bears no relationship to that about an argument and a fight on a stairwell. apparently the police officer suffered some kind of amnesia and didn't remember being outside the building and shooting into the building so

those are unanswered questions. we continue to investigate. we've only just now been provided the documentation. we're going to ask that you respect that we're not going to answer questions because we have more questions than you do and we don't have answered, so at this time we're not going to answer questions, but the various members of the family would like to speak. we'll start with turin carter t-u-r-i-n, carter spelled as it sounds. this is a very difficult moment. i wanted to speak about tony terrell, a little brother to me and he'll be missed terribly and there are a few words that i can put in to describe my feeling as how he's being demonized. i would like everybody to keep in mind that this was a 19-year-old kid whose life was cut short before he was able to fully realize his potential. that being said i want to make it clear so that we all

understand that this decision was not an admission of guilt or innocence as it pertains to matt kinny. this decision decided whether or not that this -- that there was sufficient enough evidence to go to trial, and that option has been taken away from us at least for the time being. that's all i would like to say. thank you. >> i forgot to spell my name. i'm joan loevy. i'm a lawyer and the law firm is called loevy and loevy. just to echo what turin was saying. the family hoped that the process would play out with a public airing of the events with a jury deciding and, unfortunately, based on the decide made by the district attorney's office that won't happen and there will be no further review. i'm going to introduce now shannon irwin who will say a few

words as well. >> hi. i just want to tell you about my grandson because he's been slandered from the beginning and he was set up. i wear a sweater because this is the only comfort that i have left. i don't have an option to hold him anymore, and i want you to know that i miss him and really love him. he was a great kid, and you haven't had the opportunity to know the kid i know. you only have the opportunity to know the kid that channel 3000 put out for you guys and that was not an appropriate or even an accurate look at who he is and one day i hope you have the opportunity to know who he was because i will miss him the rest of my life. when you guys go home and you don't deal with this anymore, this is a forever thing with me and i just want to say this is

politics and not justice. >> and just one more thing we'll add is this. as the spokesman for the family they have asked me to convey this, that is we fully support the community to express frustration if there's frustration, express anger if there's anger. it's a free country, and we understand there's going to be people marching and making their opinions heard that they disagree with this decision but the family feels strongly that that protests should be in the violent, should be calm. this is not a situation where people should get hurt or that the community should tear itself apart. that makes no sense, and we're confident that this community of madison is not about that because that's not what tony is about either. so thank you very much. >> we're going to go back in. >> you just heard from the family of tony robinson following the district attorney's decision not to press charges in his death. i'm joined again by msnbc national correspondent joy reid

and the executive director at black alliance for just immigration and co-creator of the black lives matter. opal, let me turn directly to you. you heard from the grandmother there which was especially affecting because you don't know the young man i knew. you hear what has been presented to you from the media and from the people whose interest it is to protect the police but you don't know this man, and part of the war we wage here is a war of perception. talk to us about the ways in which the perceptions of young black people play or -- or bi-racial people as well people of color, play into how we mete out justice or what we think is justifiable or not. >> yeah. unfortunately, what we're seeing in this time period is that implicit biasses that people have at every aspect of our society so be it in the education system, be it with the medical health care system and be it with the law enforcement

system we see these biasses against black people being played out time and time again. and quite frankly the reason we made the black lives matter political project and national network was to confront this. the reality is that anti-black racism is literally killing our people, and we can't sit idly by, and so what we're seeing right now across the country is black people and their allies from all walks of life rising up in what we're calling black spring. people are fighting for their lives. they are fighting for their loved ones and what we're seeing time and time again is this salt on low-income black communities is playing out in a very real way, and the reality is that people -- people are fed up. >> right. >> and it's really hard to hear you know countless story after story, just like this young

grandmother was sharing her story about her grandson we're tired are and so we stand with the community in madison, wisconsin. specifically we're really uplifting the demands that the young gifted and black coalition in madison, wisconsin are promoting right now. they are calling for beyond just a federal investigation, but they are calling for the united nations to step in. we're not seeing the types of justice come out from our current system. we know that the system wasn't set up for people like us. it isn't set up to deal with it and so we're calling for investigations that look far beyond just the united states of america. we're calling for international communities to step in here. >> joy, in light of what opal has just indicated, talk to us about -- when we talk about a black spring similar to an arab spring, the thing about the arab spring is that the police forces were seen in a stigmatized light. they were the ones being held to account pause they running over

the people. it's the exact opposite that the people of color are being policed and in some senses surveilled by a police force that has the legitimacy of the state. speak to us about the significant difference there. >> absolutely, and you're absolutely right. fundamentally it was still in the case of the arab spring it was about a challenge to existing power where people felt that they were being robbed of just their human digity and i think that is very similar to what you're seeing in this move president. i'll say very briefly we talk about the implicit biasses and sort of the way that the african-americans are being perceived in the moment when they are confronting police but there's also the explicit issue, michael, where that grandmother was grieving and bringing her to tears when she said you don't know my grandson you don't know tony is because of also the explicit, sort of running down of the dead that goes all the way back to patrick dorisman with rudy giuliani saying he was no choirboy and releasing his juvenile record and in the case of tony robinson talking about his criminal record which is

irrelevant to his death that. has to stop and that's on us in the media. >> all right. joy reid and opal thank you so much for your time tonight. that's "the ed show." "politics nation" with reverend al sharpton starts right now. good evening, ef- >> good evening, dr. dyson and thanks to you for tuning in. we start with developing news on the progressive push ahead of 2016. today lawmakers, labor leaders and activists from across the country announcing a prod new plan to fight income inequality. i was there and signed the plan in my role as a civil rights leader. senator elizabeth warren and new york city mayor bill de blasio calling for action today. >> the middle class is on the ropes and now is the time to fight back. i believe in the working people of