voters. >> absolutely. any little bit helps in here and if you can have a big moment that somebody will remember. we still remember bill clinton and his saxophone. if you can have a moment like that it will help you a lot. but a bad moment can also do trouble. >> appreciate that. we're going to watch tonight. that's it for this hour. michael eric dyson picks up live coverage next. thanks for watching. i'm michael eric kadyson. tonight the clinton campaign takes a new approach. and find out why kim davis support rirs comparing her to a civil rights icon. and first we have breaking news. hillary clinton is about to take the stage right outside the msnbc studios at 30 rock. she's taping an episode of the ellen degeneres show that will air on thursday. all part of her post labor day

push. the e-mail controversy is growing worse for clinton by the day. the "new york times" reports than an e-mail stored on her private server contained top secret information art the north korea nuclear program. they concluded the e-mail was top secret when it was sent to clinton. the campaign disagreed, saying government agencies often have different views of what should be labeled classified. regardless the e-mail controversy is having a major impact on her campaign. a new poll reveals clinton is struggling in new hampshire and iowa. sanders hold a 9 point lead in new hampshire. in july clinton held a 10 point lead on sanders. it is a 19 point swing. and also joe biden being included had little impact on sanders' lead. in iowa she's currently leading sanders. and vice president joe biden

still hasn't thrown his hat in the ring. biden spoke on monday. struck a populous tone and had kind words for senator bernie sanders. >> this isn't just joe biden, pro labor, liberal democrat etc. talking like this. populous biden the press will say. they will probably say competing with bernie sanders, who's doing a hell of a job by the way. >> joe biden made no mention of hillary clinton at the event. on monday clinton aids said voters would soon see a softer side. the campaign plans to show more of her humor and heart to the people. she's been criticized for being cautious and overly guarded on the trail. david axle rod mocked her strategy on twitter saying the story read more like the onion. her detailed plan to show more authenticity and spontaneity, hashtag. just do it.

for more let me bring in -- [inaudible] >> more hearted humor from clinton. what do you expect? >> i think they want to get her and i hope they do, to get her out there with voters and interacting. if people can can see. she's a remarkably warm person. and i think they can show that. that is their the plan. they are going to be campaigning hard and look, let me tell you. the democratic nomination is worth something. the next president of the united states is going to probably be a democrat. and every day you have to earn and it that is what she's going to do. >> what is about the disconnect between you and others who know hillary clinton saying she's warm and embracing and intelligent but it doesn't quite translate to the broader public. what is the disconnect going on

there. >> i can't tell you the number of people that have come up to me in my life and god i met that woman, she's engaging and warm. and i think what they are going to do is put her in a situation where she's reacting with voters. i like to say the new wholesale is retail. and i think that is very important and i saw it in the paper this morning. glad they are doing that. smart move. as you get closer to the election you want to be doing these kind of things. i completely agree wit. >> so sanders is now beating clinton by 9 points in new hampshire. her huge lead is now gone. can you -- is it about this disconnect? is it about the e-mail controversy? why has her role -- her lead been eroded? >> well first of all her favorables among democrats is like 75. secondly, democrats like sanders and biden. they want to see these candidates and they are going to see secretary clinton out there.

and you know she's got a remarkable college plan. coming out with campaign finance reform. she's going to be working for it every day and i think she's going to do very well. i was in south carolina, i saw an organization there. i thought it had some terrific people. a lot of young people in it. you know, but i don't suffer any illusions. running for president is hard. the democratic nomination is really worth something and you have got to compete for it and you have to earn it every day. and i think that is what she's going to be doing. >> are you concerned about the story in today's times about the classified e-mail about the north korean nuclear program. >> no. >> does it indicate some character flaw or issue politically speaking with secretary clinton people have to overcome in order to embrace her? >> no. no. as i said i'm waiting to see if this rises to the electrophilev christmas card substantial doubt they had and took 140 hours of sworn testimony on it.

the same thing colin powell did. the same thing jeb bush did. she's released 30,000 e-mails. the classifications can change or be one thick or another. maybe somebody sent her something. but i'm not worried about this. it's gotten so bad they are sensoring people on morning television now because if somebody says something in defense or points out what's obvious this. but again these are the kind of things i've been dealing with since 1992. the original story about white watt water, which even the headline was wrong. i don't expect this to r go away. and you have to deal with it and aempb and i think he'll be fine. >> speaking about '92, you were in the war room. you know what it's about. but now people saying well it is about transparency, stupid. are you happy with the way the campaign has been handling the

e-mail story. >> first i'm not happy with the way the press -- remember the first thing they reported was entirely wrong about the criminal referral. of course it wasn't. and you go back through anything and you say well you could have handled this better. and yeah it wasn't anything -- you could have done this. whatever. i will say i think she's got some really good people in that campaign. like anything else they are going to do some things that they can do better. i this i they are constantly analyzing and doing better. and to me that is the important thing. a political campaign, like anything else, you are going to make mistakes. there is no question. you go back over the tape. you are going to find you make mistakes. but what i do find is that they correct them very fast and they understand them. >> are we going to see bill clinton out here making some clarification? >> i saw him, spent a good bit of time with him on the 20th anniversary, august 29th, the

ten year anniversary down here. and when he ran, he was the candidate she is. he's very supportive. and, you know, it's her show. it's got to be that way. he'll be in the background but it will be her show for sure. >> james thank you for your time tonight. >> thank you always. >> let me bring in my guests. susan, your reaction to this "new york times" story about clinton receiving classified e-mails about north korea. is that much ado about nothing or something brewing here. >> >> we don't know. it hasn't been classified -- it doesn't seem criminal that's for sure. all of her e-mail problems are divide into two things, legal and political problems. and for now it is political. and she has to focus how she's

going to handle each and every one of these e-mail drops. it seems like they are never prepared and yet they know it is going to come on the last day of every month for the next several months. so it is concerning because it goes to her -- it goes against her claims that there was never anything classified sent over her private e-mail server. again it would have been a lot easier if she would have just used the government e-mail for government business. but that is not what she chose to do. >> sure. so eric media matters have been critical of the "new york times" coverage of the clinton e-mail story. what is you reaction to this article today? >> i think as james said, you know, the "new york times" got it wrong from the very beginning and the clinton campaign has been dealing with that since. they put out the head line criminal referral. it wasn't. now we're into this interagency debate, you know, nothing we've seen was classified at the time clinton received or sent and now

there is this debate going back and forth whether stuff should have been classified. john kerry talked about the massive overclassification that goes on in the intelligence community. and the "new york times," i thought it was interesting the associated press did a round up of national security and legal experts and couldn't find anyone who thought clinton faced any kind of legal trouble on this. so, you know, we're -- >> what about susan's distinction between the legal and the political? maybe legally she's in the clear. but what do you think about the political problems being generated as a result of it? >> well i think this is just going to go on. this is a perfect story for the press. there is no definitive answer so they will just keep going. trey gowdy was going to keep pushing the benghazi committee. and -- trey gowdy is the republican mvp of this campaign season. they clearly see that as essentially an extension of the

rnc at this point. opposition research, free. >> to follow up on the legal question. we don't know if she's going to be cleared. once you have an fbi and doj investigation you don't know what rabbit holes they go down and what can be turned up. those investigations are ongoing. she's not accused of anything today. but we don't know what will happen down the road. don't forget we've talking about only the e-mails that have been given to the state department. we don't know what's on the scrubbed server yet. that is a whole other issue. >> do you think clinton will be able to pull off her new strategy of revealing the softer side of her personality. >> you mean scripting her unscripted moments? no i don't think it is effective. one thing i've always told my candidates -- clients. is you have to be yourself. and what the campaign has do is find ways where she can show her softer side, if you will. and i think james was right when he said get her out there campaigning.

find more of those moments. have her do more of those interviews she did with andrea mitchell in a situation where she's sitting and has a nice set. these can at least play to her strengths. and one other thing. we talked about the benghazi hearings. i think she's going to be very much prepared for that. because that is her strength going into those kind of situations. >> do you think clinton has been too cautious, too guarded on the campaign trail? and do you think there is a disconnect between who she is and the perception. >> might be. people like james carville says there are and i trust him and heard that from other people but let's take a step back. there is there hypercritical observation of hillary clinton's campaign. there are what? 18, 19 other people running for president. at least 7 or 8 major candidates. nobody gets this kind of, you know, what does she look like? what's her hair? is he too cautious? too calculated. you talk about this disconnect. and 2008 she won like 18 million

votes, second in history --. she didn't have a problem connecting with voters in 2008. my guess is she won't this time either. but the press does love that calculating phony description. >> right. susan, what do you make of her being down in new hampshire? >> i think it he's more a reflection of hillary clinton falling than bernie sanders rising. yes he's getting a lot of support and yes he's getting a lot of people looking at him. but this is really a hit on her. people like we saw in the poll that came out about ten days ago. when you ask what you associate with hillary clinton. liar. untrut worth. people are not comfortable with her right now and that is showing in the polls. >> all right. eric. >> i think bernie is obviously generating a the tremendous excitement and enthusiasm all across the country. that is what a democrat rick primary is going to do. a good primary for any party

will do. i think the press has a particular narrative. there are two national polls today. hillary was up 20, 25 points and they were describing them as bad news for hillary clinton. it is rare before the primary to have a candidate up 20, 25 points and have it being described as bad news for that person but there seems to be a double standard or a separate standard when it comes to a clinton. >> thanks for your time tonight. still cdo to come. sarah palin's latest political gaffe. and congress heads back work. a look at the tough decisions they have to make in coming weeks. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world. we just need to make sure she has what she needs. welcome to windows 10.

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congress is back to work today after a five week break. and the first order of business in the senate is likely the iran nuclear deal. senators richard blumenthal, gary peters and ron white announce third support this morning. there are now 4 1 democrats in

support. enough to filibuster a disapproval. dick cheney faced sharp criticism for vocal optimism. --. >> [inaudible]. -- >> the white house is also taking cheney to task for his opposition. they fact checked his speech using the #wrong then wrong now. we'll be back in a minute. for the whole weekend.

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-- and independents, that is the party of tolerance. >> palin's version of tolerance only has room for one kind of american, one who speaks english, or as she said,

american. critics have called the view narrow but common. in a video that's received over 4.5 million views, one customer has a melt down over america's melting pot. >> i'm really glad you talk to each other and whatever language it is that you're speaking but it is really rude. don't have time for 15 minutes of you two being rude, talking about whatever it is you are talking about in whatever language it is that you're speaking. okay? this is america and you get it right the first time. you get it right the first time. get it right the first time. get it right the first time. okay? >> joining me now are joy reed, msnbc correspondent and author of and first of all congratulations on the new publication. >> thank you m.e.d., really appreciate it. >> no doubt. what do you make about this

diner's rant about speaking english. >> well you get it right the first time except for make the door thing. i find it interesting. that video has so many ironies. she is in a kebab shop so it's mideast earn food. 'all so bizarre. i lived in miami for 14 years. you do have a backlash by some americans of people who speak in the language they grew up speaking. but the fact is the united states doesn't have a official language and we're a free country. you can speak whatever you want. >> what is your [inaudible]. speaking english while inside u.s. borders. >> you mean speaking american. from an indigenous perspective the border did not exist.

and we did not land on the border the border landed on all of us. all of that. and one thing native readers have made clear. they wanted to point out two things. one is we uni quibble and unabashdly stand with our relationes on the south side of the booshd. . and if sarah palin or donald trump or any of these quote unquote nativists who really aren't native to this land but they want to talk about the speaking the language of the land they exist, well they could be speaking my language. these are the languages of this land and what has happened is we've become a composite of many languages and it is a beautiful thing. and we fully accept that. but to say one language has dominance over the others is not the way america has been built. >> and --.

do you find it ironic that the people asking for us to speak american don't speak very well the english language in which we transact business to begin with? and that there is some kind of standard that's being slipped even as they evoke it. >> or don't know the name of the language they are demanding people speak. that is fundamental. you have making a good point. i have to admit there are sometimes where former governor palin gets on a role. where i don't understand the words as they are being put together. so the idea that you would demand people speak a language that you are not -- you are not conscious of what the name of that language is problematic. but sarah palin aside i think she's trying to glom onto the trump moment. and i think there are a lot of people trying to ride that wave. and the deeper issue is we're seeing this rise of nativist

sentiment. which is sort of an ironic tuer. >> mitt romney was attacked within his own party for speaking french. why are republicans attacking blingal candidates like that mr. ross? >> it seems like there is a push towards the most incoherent and stupid candidate, honestly. to be quite frank about it. they seem to want to penalize people who are bilingual. there was this move. this very, very grassroots populous move to say who has the at least credential, the least schooling within the republican party and everybody else is elite. so i think at some level the republican party, the candidates are insulting their own constituents and possible voters by saying you can't be too smart to vote for us. >> right. so joy reid, is this view on language part of the silent majority trump has stressed during his campaign, are they now articulating themselves and

becoming vocal. >> it isn't justonald trump. bobby jindal, who is parents are immigrants as well has come really hard on people saying they need to completely lose whatever language their parents came to this country and submerge themselves into the american identity. ironic because american identity is a fusion. like jazz. african traditional and american context performed by lots. so you can't say you need to assimilate into a country that is itself a assimilation. but this is where we are. the republican party is having this moment. they are going to have to deal with it. because whether jeb bush is trying to do is leapfrog into the general where being able to speak spanish is a huge benefit but in the current party where he finds himself at this moment it is probably a disadvantage and that is a shame. >> joy reed. fracture, go get it. it is a brilliant read.

and the gyasi, thanks for joining us here today. >> thanks michael. still to come, mike huckabee comes to kim davis's aid. and now civil rights advocates are comparing her to a famous civil rights icon. and the details on the growing crisis since world war ii. the growing list of european countries meta is clinically proven to help lower cholesterol. try meta today. and for a tasty heart healthy snack, try a meta health bar.

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migrants and refugees and police have been rounding them up and putting them into camps to be processed. the problem is so many migrants and refugees are still coming that the hungarian authorities don't have a place to put them. the camps are full. so people, families are just being left out in the open. it is getting cold at night and frustration is growing. >> our country has war. we have a problem. i'm not happy to leave my home and to come here and to be treated like an animal. >> if there is no place to put us they should be allowed to leave the country. most want to go to germany. some european officials are now suggesting what sounds like a possible solution. a quota system where the u.k. taking in 20,000, france 24,000. germany, 40,000. hungary says its solution -- and this is a step we're expecting to happen quite soon. hungary wants to seal its board we are a 12 foot high fence

topped with razor wire. once that fence is up we could see clashes and violence but at this stage the migrants are still coming and there are still tens of thousands waiting in other countries to arrive in hungary. even though once they get here they will have no place to stay. >> that was richard engel. the united nations estimates 850,000 people are expected to seek refuge in europe through the end of 2016. still ahead, kentucky county clerk kim davis is leased from jail and gains more support from conservatives. i'm josh lipton with your cnbc market wrap. stocks begin the short trading week with a rally. the dow surges 390. the s&p adds 48. the nasdaq climbs 128. shares of united continental

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. keep on pressing. don't let down. because he is here. he's worthy. he's worthy. i love you guys. thank you so much. >> the case of kim davis received another twist today. a judge unexpectedly ordered the release of the county clerk who refused to issue same-sex mirj

license. davis stopped issues marriage licenses to all couples citing her religious beliefs. >> i have a message for the judge. let kim go. but if you have to put someone in jail, i volunteer to go. let me go. lock me up if you think that is how freedom is best served. >> the presidential candidate organized a rally in front of the detention center where davis was held. he and ted cruz visited her shortly before her release. in her absence clerks have issued licenses to all legally eligible couples. a judge ruled davis can go free but shall not interfere with other clerk's duties. as davis returns to work the question remains whether she'll violate the court order. joining me now is my guests.

the attorney for kim davis says she will not violate her conscience. how will this play out in her office as she returns to work and not violating her conscience. >> well her lawyers are already challenging the legality of some of the marriage licenses issued by her deputies in her absence. so that is a pretty strong signal i think that she is going to continue to try to stop -- stop the county from issuing same-sex marriage licenses. and we've already seen the judge come down on this. one of the conditions of her release was that she would not interfere with them. so i think you have a real conflict here between her official duty that she swore to uphold, administering the laws of the state of kentucky, the united states of america and the constitution and what the interpretation of the constitution by the supreme court -- the highest legal judicial entity in the land -- has said. and those two things appear to be on something of a collision

course at this point. >> professor, rally organizers played "eye of the tiger." i didn't know if sly stalone was going to show up or his brother frank to sing the song. as kim davis went on the stage in their eye, who did she beat today. >> i think they think she beat the system. but if she goes back and tries to stop the clerks from issuing licenses she's going to be in a lot of trouble. ultimately could face some really difficult times. john kennedy stated the standard here this his speech to the houston ministers association. if your conscience is in conflict with the duties of your office, then he added you should resign. and he added he would do that and he would hope anyone else would do that. what if you have a devout catholic who said i won't issue marriage licenses to people who are divorced? or if you say on religious

grounds i'm not going to issue licenses to interracial couples. the rule of law matters here expect to huckabee who obviously is playing caucus politics in iowa. >> mike huckabee and ted cruz are both trying to tap into the same conservative base. are they stepping over each other today? is there enough room for both. >> there is enough for both of them. and huckabee came out and looked as if he was the one whose the show was really about. and it was nothing more than grand standing. he wanted his points in with the base. and ted cruz is actually coming under a little scrutiny for not being in washington where he was elected to be. so he may take actually a little bit of a hit even though he's try to be make some political hay out of this. >> sure. can chris christie and huckabee and cruz are grand standing and playing politics, could this

backfire on them? >> i don't know for huckabee. huckabee and cruz, except for cruz which susan pointed out missing the votes here in washington. but they are both running as antiestablishment, you know, christian conservatives who are really reaching for the ev evangelical vote. huckabee hasn't been talked about in some time. so this is a real play for him for an important part of the republican base. his legal argument is specious. he says that in in fact the supreme court can interpret the law but congress and/or the legislative body in the state of kentucky has to actually implement the law. the supreme court case actually struck down four state's laws prohibiting same-sex marriage. kentucky was one of them. doesn't get clearer than that. >> conservatives or liberals? >> in terms of the primary, i think the cruz, huckabee,

several others believe this is very good politician. it doesn't energies the base. in terms of general election this is a disaster for the republican. they don't want to go down the road of alienating young people who have strong views and they don't want to alienate moderate chos who actually think people ought to uphold the rule of law. this is a very bad general election strategy for the republican party. but for huckabee, who has to survive iowa, that is why he's doing this. cruz, the same thing. he needs to get into the mix to. they are going to go ahead and play primary politics even that hurts the republican party badly in the general. >> has the disinterest by many republican candidates on this topic signal the kind of tectonic plate shift in the republican party? and then because both of us loved the god father, what would the corleone family respond to this.

>> well he'd leave the gun and take the cano li. and this is what i think you see a lot of republicans want to do. move past this. and this woman has broken the law. she not above the law. and she's been punished and they are right to move away. i agree with what bob and ken said. this is not great general election strategy at all for republicans. >> will this topic spill into the general election? >> i think it will. and i actually disagree a little bit with susan about that. there are still enough people and not just in the republican base but sort of out there in the country and in key states who identify as christians and maybe evangelicals for whom this really does resonate. i think the trick -- i don't think. let's be real. i don't think huckabee or cruz is going to be the nominee. but there is a way for someone who is potentially a more centrist republican candidate who has a better shot. maybe even donald trump who also said this is a rule of law issue

and said that she should abide by what the judge said and what the u.s. supreme court said. so there is a way to kind of appeal to the christian conservative base without offending the rest of the people. huckabee is not doing that. i think maybe trump and even jeb bush are closer by saying i disagree with the decision. is how jeb bush put it. john kasich as well. but i think you have to abidey the rule of law. that is the right path i think. and i think that your pace, the republican base who is really interested in this issue still hears what they want to hear from that without offending all the other people who are put off by the violation of the law. >> all right thank you so much for your time tonight. next the sibling rivalry for the record books. could venus slam serena's hopes of a historic p grand slam?

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the pool and brutus sank like a brick. he was forced to sprint into the pool to save them. fortunately brutus and hobbs are fine but the same cannot be said for the rock's cell phone. the johnson family learned some tough lessons this past weekend but he seems to have taken it all in stride. just might be the one. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world. we just need to make sure she has what she needs.

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becoming the fourth woman to win all four majors in a single year and the first since stefi graph in 1998. serena's season will be recorded in the history books regardless of tonight's outcome. she's amassed 52 wins and only two losses and also won every major so far. needless to say her stay atop the world rankings has been uninterrupted. but venus williams has her own hall of fame career, one that includes seven grand slams and eleven victories over her younger sister. this epic rivalry has spanned 17 years and 26 match, eight of which have been grand slam finals. but history will probably hold tonight's show down above the rest. will certain conquer venus on her way to tennis immortality or will venus derail her sister's dreams and write her own

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from and the people whought you underwhelbrought youet speeds. temperamental satellite television. introducing... underwhelming internet speeds and temperamental television... in one. welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. . welcome back. new jersey governor chris christie's presidential campaign is struggling to find relevance. in the wake of bridgegate, the governor is barely registering in the polls. so this morning chris christie shifted gears and slammed new

york city mayor bill de blasio's liberal policies. christies and his policies are diminishing life in the city and offered this advice. >> if you were mayor, i agree with some of your criticisms of this mayor, what would you do differently? >> stop and frisk would be back. >> you'd bring back -- >> in about five minutes, yes, i would. and we would empower the police to undercut them. if police officers step over the line, then they deserve to be taken care of and prosecuted. but this guy, this mayor presumes guilt on the part of the police officers before anything happens. >> do you think everything was going right with stop and frisk? >> listen, you know what? mika, here's what leadership is about. if there are problems with a particular policy, fix them. don't throw the baby out with the bath water. what you've seen in this city and everybody out there in new york and watching this or new jersey knows it who comes to new york city, that it is not as safe a place. >> recent polls show new yorkers are increasingly worried about crime and quality of life.

but it's important to point out, crime is down this summer in new york city although murders are slightly up over 2014. overall crime is at recent lows this year through august 31st. the yellow bars are when mayor bloomberg was in charge, the blue bars are under mayor de blasio. murders are up slightly from 2014, but the numbers still close to historical lows at 223 homicides through august 31st of this year. and summer shooting incidents are low this year with 335 shootings from june 1st to august 31st. these months are typically when most shootings occur. christie said this morning he's stunned by the numbers. >> i'm just stunned as are most people who live in this area that this has been the safest summer in new york. no one else believes that except for the two people who were just on your set. i guarantee you this, this guy doesn't believe it. he doesn't believe it's the safest summer in new york. it's the liberal policies in

this city that's led to the lawle lawlessness of the biggest city in the united states. >> his term as governor of new jersey is up and his chances of getting elected president are pretty slim. the latest poll from monmouth university has him tied in ninth place at 2%. for more, let me bring in james peterson, an msnbc contributor and director of african na studies at lehigh university. christie wanting to bring back stop and frisk despite the pushback saying that, you know, was everything right about that program? >> there's so much wrong with what governor christie is saying here. and i can't help but think that this needs to just be situated within the context of governor christie running for president of the united states in a trump moment when he's got to outflank everybody and move to the right. what we know about stop and frisk, not about throwing out the baby with the bath water, stop and frisk was the bad bath water and the bad baby, right?

the policy is wrong. the data on that shows us that almost nine out of ten people who were stopped and frisked were people of color. this sort of attrition rate, what they yielded from that, the percentages were so low, it smacks of discriminatory practices. there's no way or no data that suts that the correlation between stop and frisk and the actual crime in the city makes sense whatsoever. he's literally speaking politics here. he's not talking about the statistical information on how biased stop and frisk is and its effect on communities. >> it says they're diminishing the quality of life. in light of the analysis you just offered us, what's your response to that? >> i mean, so let's have a real conversation. if you want to improve the quality of life in new york city, then there's certain things you have to do. you have to improve public education. you have to improve the minimum wage or make a living wage. there are things that operate outside of law enforcement and

what police do and which police interface with people in the city of new york city that actually will determine what the quality of life is. the numbers suggest that crime is -- violent crime is down, maybe a slight uptick in terms of shootings. but governor christie doesn't even want to acknowledge that data that's there. i don't even know how to engage in a conversation with someone who doesn't operate on the basis of facts. facts matter. >> they certainly do. christie had tough words for president obama today. >> the president has encouraged this lawlessness. sanctuary cities across the country where if your mayor you don't want to enforce that, don't bother. because the president doesn't like those laws. you want to get high in colorado and washington, even though it's illegal, hey, go ahead. it's coming from the top. de blasio is following the lead of his president. >> is this code switching, is this sniffing. is president obama encouraging lawlessness, professor peterson? >> not as far as i can tell.

but again this is political talk from a governor who is low in the polls in a republican race where bashing the president and bashing de blasio will he thinks help him make a strategic move here. let's talk about legalization of marijuana in certain states. how can chris christie call himself a conservative and then work against the ways states make policies. there's no federal policy about legalization of marijuana. those are state policies. how can you call yourself a conservative and be against state's rights and state's policies? but the idea that the president is encouraging lawlessness will resonate with the republican base and resonate with right-wing primary voters because that's the narrative they want to construct around the president of the united states. he's trying to outflank his dpaerts that are besting him in the presidential primary sort of contest right now. >> we have ten seconds left. chris christie is barely registering in the polls. is this his campaign? is it finished? >> i don't know if it's

finished, but this is the last breath, the last gasp. the last sort of ditch effort. we're covering it, doc, so this is his way of reasserting himself in a race that he's losing right now. >> thanks for joining us. msnbc live continues next. right now on msnbc, the clerk who refused to marry gay couples released from jail with two presidential candidates by her side. a key milestone in president obama's fight for the iran nuclear deal. joe biden talks about running for the white house as 2016 heats up. and should two football players face criminal charges for this? a blindside hit on a high school referee. very good day to you. we start this hour with breaking news. no overhaul of marriage licensing says kentucky's governor after the clerk who refused to issue same-sex marriage licenses got out of jail today. the huge crowd of her supporters just greeteder