some polls show if he got in he would chip away at her support. could he resonate with black voters in south carolina the way bernie sanders hasn't proven to do or hispanics in nevada? >> thanks for joining us. thanks for tuning in. chuck will be back tomorrow with more "mtp daily." right now the u.s. saying afghan forces asked for the air strike that killed 22 people at a doctors without borders clinic in kunduz. historic and deadly flooding in the carolinas. the rain is stopping but danger far from over. >> and hillary clinton unveils her plan for major new gun restrictions. >> good day. we begin tonight with new details about the usair strike that killed 22 people including three children at a doctors without borders hospital in

afghanistan this weekend. today the u.s. general in charge of the afghan mission said afghan forces requested the strike. >> we have learned october 3rd, afghan forces advised they were taking fire from enemy positions. asked for air support from u.s. forces. an air strike was called to eliminate the taliban threat and several civilians were accidentally struck. this is different from the initial report that u.s. forces were threatened. >> doctors without borders said, "today the u.s. government has admitted that it was their air strike that hit our hospital. there can be no justification for this horrible attack." the organization has also repeatedly said the u.s. knew where the hospital was located in kunduz, afghanistan. >> we provided gps coordinates in the washington and kabul

level as well as afghan authorities. specific gps coordinates of the building inside our hospital compound. >> the press secretary was asked whether the incident was a war crime. >> doctors without borders referred to this as a war crime. anything you can say about that? is that an accurate way to describe what has happened? >> well, i wouldn't use a label like that. this continues to be under investigation. >> jim miklazewski joins us from the pentagon. shifting account of what happened here from the pentagon, initially suggesting it was possibly collateral damage. now saying it was an air strike called in by afghan forces fighting in the region. what does it say to you? what's next in the investigation? >> it's important for everyone to realize that in any military combat operations, first reports are always wrong. this one, however, was way wrong. first they reported that u.s. forces were under fire.

now it's reported that it was afghan forces that came under heavy taliban fire. they asked the u.s. for air strikes and the u.s. military there in the region ordered the air strikes. what exactly did the afghans tell the americans? did they give them the coordinants and did the americans then in fact check those gps coordinants that doctors without borders say were supplied to the military? did they verify that that group of taliban, afghan soldiers were under heavy fire from taliban? then there is the ac-130 gun ship that actually conducted the air strike. they circle low and slow for a period of time so they get a very good look with sophisticated surveillance equipment at the battlefield. they should have been able to see if there was gun fire coming from that compound before they launched the strike. the answers for all those questions would appear in the gun camera video.

i can tell you that there is very sophisticated surveillance aboard those gun ships that are bristling with weapons. so by now, u.s. military commanders should have been able to answer most of those questions. there is a general who arrived now in afghanistan who has promised within 72 hours of land inning afghanistan, there will be some answers to those questions. >> jim, we'll have to wait and see what that general concludes. jim miklazewski live for us from the pentagon. thank you for that. joining me is senior fellow for the center of american progress. harden, 22 people killed in the air strike. the u.s. saying it was afghan officials who had asked for the air strike. what should have happened in a case like this where there are afghan forces on the ground supported by u.s. air support. >> what is deeply troubling about the nature of this tragedy is the afghans on the ground

called up through the ac-130 gun ship with request for close air support. on that ship you are going to have someone with special operations background who can interpret what they are hearing and guide the request. the fact this broke down in such a significant way is not only a tragedy, but it's going to send people back to the book to have a real look at the protocol about how this sort of thing happens. the second piece, it may raise certain questions about the nature of the overwatch u.s. military is providing from the air in terms of close air support. we don't have the assets directly on the ground to call in those strikes to ensure that something like this doesn't happen. >> obviously, this raises a lot of very important questions. certainly no doubt given the fact it is doctors without borders, one of the most respected humanitarian organizations in the world. today, they were commenting about this investigation. u.s. says it is launching a if you investigation, pentagon is launching that investigation, but the president of doctors without borders spoke to my

colleague andrea mitchell. listen to what he had to say. >> the description of this attack has been changing over the last few days coming from a tragic incident to collateral damage and putting responsibility to the afghan force. it is clear now that the u.s. military forces dropped the bombs that hit a full hospital with over 100 patients and more than 80 staff. what we heard today and discrepancies of the incident makes it even more critical that we will have a fully transparent and independent inquiry of what happened. >> so given that particular sharp accusation from the executive director of doctors without borders, is it possible to see the defense department conduct a full and fair investigation here? who else could possibly do it if it's not the department of defense? >> well, the first thing is the department of defense is going to be the best place to really

get to the bottom of what happened here. i have no doubt they will. the question is whether the investigation will build a level of trust and confidence in the outcome of that report. and that others, afghans, ngos and others in the community were affected will be able to see their relationship repaired. >> do you think it will? do you have confidence it will be transparent as you described? >> i think the's very much not only how the investigation is undertaken but how results are communicated, shared and methodology of the investigation goes. the problem here is it's going to be very difficult for an outside party to get to the bottom of this without access to the classified information. >> let's talk about how much this undermines possible relationships between the united states military and the afghan government. already that relationship has been frayed over the course of the years. particularly because of some of these types of incidents. it was a sticking point for the previous administration afghanistan. how do you see it affecting the

current relationship between the u.s. government and afghanistan government? >> i think the political level, the relationship between the current government in kabul and the obama administration is strong enough to weather the storm here. i think a military level, there has to be a close review and the question is going to be whether or not we can rebuild confidence enough in the afghan forces where the application of close air support can continue forward. the third question, third issue is whether or not the people of afghanistan in kunduz feel they can find resolution at the end of this process. >> thank you for that. it's a story we'll following close. still ahead, closed roads, no power, new evacuations and health advisories after historic flooding hits the carolinas. >> south carolina has gone through a storm of historic proportions. it's gone through a storm that

has never happened before. having said that, south carolina's moving. we've got all the people we need. >> also ahead, does carly fiorina have a history of money problems? a new report about the presidential candidate's finances during her campaign. >> a legacy-designing victory. the largest free trade accord could have serious consequences for the 2016 candidates. good. very good. you see something moving off the shelves and your first thought is to investigate the company. you are type e*. yes, investment opportunities can be anywhere... or not. but you know the difference. e*trade's bar code scanner. shorten the distance between intuition and action. e*trade opportunity is everywhere.

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breaking news in the search for a cargo ship carrying 28 americans that went missing near bermuda on thursday. coast guard officials now say it likely sank to the bottom of the ocean during hurricane joaquin. already rescue and recovery crews have found one person's remains among the wreckage. >> we are not looking for the vessel any longer. however today we are still out there searching. we modified our search efforts to focus more on potential people in the water, life boats

and life rafts. we remain hopeful we'll try, hopefully find survivors. that is our focus as we move forward. >> turning to the other major weather event wreaking havoc on the southeast, the historic flooding in the carolinas. eight dams throughout south carolina have breached, unleashing more water on top of already-dangerously flooded roads and towns. check out this drone video over columbia, south carolina. unprecedented flooding across the state as a result of what governor nikki haley is calling a once in a 1,000 year weather event. already nine people have died in weather-related incidents. and this new video from ridgeville where a pastor pulled a casket unearthed by the flood waters. columbia remains under a boil water alert. thousands across the state are still without power and water. roads and bridges remain closed throughout the state.

today governor haley warned there is a long road still ahead. >> this is not over. just because the rain stops does not mean that we are out of the woods. we very much still have a vulnerable situation that's out there. i'm still going to ask citizens to please stay inside. there is still water out there it is going to take a while for this water to go away. >> nbc news is live for us in columbia, south carolina. we are asking you this almost every hour. every minute that goes by is a critical minute for the folks down there. what can you tell us is happening this hour? >> reporter: you're right. every minute has been critical and this afternoon was a perfect example of that as several dam failures were reported and mandatory evacuations were issued. part of the problem is that these dams, it's a domino effect. you have a lake, the water building up. it breaks through the dam and flows into the next one where you have pressure building up all over again.

as you see, roads, some of these earth and dams are not able to hold up to that kind of pressure. while you have these mandatory evacuations being issued, you have teams going door-to-door looking for victims who may be trapped. they're clearing those houses when no one is inside. it is a time-intensive and tedious and careful procedure they are going through there. the city under a water boil. it is very possible that the water service will not be restored up to three days. that caused major problems. some hospitals in the area were looking at contingency plans this morning to possibly evacuate patients. luckily, they think they are going to get by thanks to the help of firefighters, without having to evacuate patients like you mentioned. also major power outages. this is a long-term recovery effort as the governor said. just because the rains stopped doesn't mean the problems are

over. rivers flooding. once those problems are solved, they have to look at the structural integrity of these damages and bridges. a long-term recovery effort ahead. >> sara dalloff, thank you. she is running as the candidate who is strong on business. does carly fiorina have a money management problem? the stunning new report. the nobel prize for medicine awarded today. the three scientists sharing the honor this year. their ground-breaking treatments for diseases around the world. at safelite, we know how busy life can be. these kids were headed to their first dance recital... ...when their windshield got cracked... ...but they couldn't miss the show. so dad went to the new safelite-dot-com. and in just a few clicks, he scheduled a replacement...

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parasitic. . . a in you report puts the spotlight how carly fiorina's failed campaign spends its cash. after losing she reimbursed herself $1.3 million she lent the campaign. she finally cleared most of the balance in january, a few months before announcing her run for president. "the post" says that included debts to small businesses who built stages and sent out mailers and reports the bills wracked up to about half a million dollars. let's talk about what the campaign is saying about this. how is carly and her campaign responding? >> reporter: in a couple of ways we heard from carly fiorina herself at an event up in new hampshire. she was asked about this by reporters as she was walking to her car. she pointed out she has fulfilled her debt. she paid off her debts. those were cleared earlier this year before she declared her presidential run. the campaign is telling nbc news

they are concerned about "the washington post" credibility, as they put it. that is how fiorina phrased it. pointing out the lack of scrutiny of hillary clinton, her campaign debts. it took clinton about four years to pay hers off. fiorina about five. political strategists say it's not necessarily unusual to have debt that lingers several years if you are the loser in an election cycle. as the "post" article points out, raising questions about financial management and how that might impact fiorina's presidential campaign. >> hallie jackson live for us in washington. let's bring in our political analyst jonathan alter and susan delcursio. she is a former ceo of one of the biggest companies in the

united states she is running on this campaign as a good money manager. how does something like this affect her campaign strategy? >> it doesn't really. this is a blip on the screen. so many campaigns, if you saw how many campaigns of people who lost still have debt on the books, it's not unusual. hillary clinton had it until 2013. this is a little tweak. this is a story that tweaks her. it doesn't look great, but is not going to hurt. she says she is a business person, she can manage things. she knows how to work in the business environment. i don't think it's going to matter. >> is it a point of concern about the $1.3 million she paid to herself before the others? is that normal? is that customary? >> it's not shocking at all. i will say what is shocking is that you have the vendors speaking out against her. that's what you usually don't see. when these stories come, and they always come and go against,

i can't tell you how many times i've seen them, but you usually don't have the vendors speaking out loud, especially the consultants. >> this quote from "the washington post" is getting a lot of attention. fiorina's operations director from her senate campaign. "people are just upset and angry and throwing her under the bus. if we didn't win, why do you die serve to get paid? if you don't succeed in business, you shouldn't be the first one to step up and complain about getting paid." >> it's right. not to mention the fact unlike these vendors, many who are struggling small business people she claims to want to support, she walked away from failures at lucent technologies and hewlett-packard with well over $20, $30, some say over $40 million in payouts, golden handshakes for doing a bad job as ceo at hp and subordinate

position at lucent. to pay herself first is the kind of behavior that has been going on in this economy that people really resent. i think this might not hurt her very much now, it might not hurt her in republican primaries necessarily, but if she goes on the ticket, believe me you'll be hearing about this. >> she did not pay herself. she put out a loan and i believe she gave the campaign $7 million. she lent the campaign. she did take it back. it's not like she paid herself for services. >> she should have been paying off the loan out of her own pocket and made the others whole. >> you are saying it was a reimbursement to a loan she had given out to the campaign. you're saying that should have gone to vendors first. >> absolutely. look, the point is carly fiorina is running on her business experience. she never held elected office. in all the history of this country, we never elected

anybody who did not have any elective experience unless they were a general in a war. she is asking us to make her be the first, not only first woman president but first to go from business to the white house. her business career is very questionable. >> we'll have to see how it plays out. let me play you this from carly fiorina today. >> do you have any response to the "the washington post" reports? >> i don't think "the washington post" has much credibility any more. they said i wasn't a secretary. >> any explanation why it should take so long? >> all our debt was paid off and everyone was paid in full. once again, "the washington post" doesn't have a lot of credibility here. >> what about the quote from your campaign manager? >> i have no idea what you're

talking about. sorry. >> she is critical of "the washington post," but in the past she used "the washington post" to play up her outsider status. is that going to be a winning strategy? >> it's just a mistake. when that happens, when you can say i paid everybody back, which she did. she has no campaign debt. she shouldn't blame the media. it's not a winning strategy. it's a way to keep the story going on. she could have had an answer. perhaps if it was a good absent, we may not be talking about it tonight. the fact she keeps pushing it along and not answering it properly is the difference. >> it's interesting she says "the washington post" has no credibility. it's owned by jeff bezos, founder of amazon, who being out in her industry, her former industry, knows what her track record was, knows not a single company in silicon valley offered her a job after she was dismissed as ceo of hewlett-packard. and for her to say jeff bezos' application has no credibility,

one of the great newspapers in the country stretches credibility. >> you're not fond of carly is what i'm gathering here. >> to attack "the washington post" is preposterous in this case. has no credibility. >> it's just not smart politically. >> to go after a media organization. >> there are people who disagree. donald trump will disagree. this was not a good answer. >> it's not the first time. if you are going to go after the media, go after them strong, not like this on something that the facts were mostly right in the story. she needed to say, i paid everybody back. that's it. >> we agree on that. >> we have to leave it at that. we'll be following it in the next coupling days. thank you. the three scientists honored with this year's nobel prize for medicine. how they are revolutionizing treatment of some of the world's most devastating diseases. >> days after the tragic shootings at an oregon community college, hillary clinton unveils her plan for tougher gun

control. >> when this happens, people are quick to say they offer their thoughts and prayers. that's not enough. how many people have to die before we actually act?

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a practicing physician and professor at university state health sciences center joins us now. thank you for being with us. >> thank you. >> i want to get your read how important these advances were for the three sciences they made in this area? >> in america, we don't think about these diseases to much because we don't see them. in developing countries all around the world, these were the most ground breaking drugs that were available and are still saving millions of lives every year. you talk about malaria and roundworm diseases. these diseases are so prevalent around the world that we know them as elephantitis. there is something that is ground breaking. >> what impact have they had on the way parasitic diseases are being treated around the world?

>> one of the drugs that is used for treating different intestinal diseases from worms. that actually even is used in the united states. around the world, they found that drug and distilled it down. this drug is used millions of times every year. a lot of people don't realize when you go to developing countries, the water supply is not necessarily so great. sanitation is not so great. when you have these types of medicines that can penetrate a community and allow these people to live and not die from these very easily-treated diseases, that changes everything as far as economics, as well as the well being of that community. >> here's one that surprised me. i shouldn't be the metric for this because i'm not a scientist. the chinese scientist turned a traditional herbal medicine into the top treatment for malaria.

how surprising is that for you? is stuff like that common in medicine but we are not aware of it all the time? >> it's very common. some of your very common chemotherapy medicines come from flowers. this concept to do it is not anything new. what is impressive is that someone did it. it takes a lot of time and money to develop a drug and bring it from that stage all the way to something you can take. >> that is probably why he won the nobel prize in medicine. >> imagine that. >> let me get a read on this. what makes these types of diseases so difficult to treat? do you think we are going to get any closer to wiping out any of these parasitic diseases? >> i don't think so. the reason why, we throw around the word eradication. we like to say that. when you look at the sanitation in these areas where people are bathing and having their sanitation in the same place, as well as washing their food and

things like that, these drugs will prevent some of that illness. the constant fecal oral route that goes around and around to contract these des he'ses will probably never be eradicated. to treat them is okay. >> dr. hebert, thank you for that insight. >> thank you. still ahead, hillary clinton takes aim at the country's gun laws. they plan to step up gun control. >> this epidemic of gun violence knows no boundaries. knows no limits of any kind. >> plus the united states and 11 countries reach a deal on one of the biggest free trade agreements in history. it's not a done deal here at home. . the bipartisan congressional pushback on ttp. stay with us. you focus on making great burgers,

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in the wake of the deadly oregon community college shooting, hillary clinton is taking aim at our nation's gun laws. today in new hampshire, she unveiled her plan to curb gun violence. >> universal background checks. we know they will work. we need to show the gun show loophole. i think it's 40% or so of the gun sales in america are done online, done in gun shows. done by people selling out of the back of their cars, basically. >> on top of that, clinton also suggests closing the so-called charleston loophole which allows someone with a felony record buy a gun if the background check takes longer than three days. she wants to repeal a law that keeps gun violence victims from suing gun makers and dealers. clinton took on her republican rivals criticizing their response to the oregon shooting. >> on the republican side mr.

trump was asked about it and said something like, you know, things like that happen in the world. governor bush said, yeah, stuff happens. no. that's an admission of defeat and surrender to a problem that is killing 33,000 americans. >> joining me now is shira center from the "boston globe" and shannon watts, moms demand gun action. what does that tell you about how important this issue has become? >> tells you that gun safety is a winning issue now. it hasn't been before. it's a sea change we are seeing presidential candidates talk about this already. we are a year out from the election. in 2008 and 2012, presidential candidates wouldn't mention the word "gun." gun safety is a winning issue. win inning the states and we'll see it being an issue presidential candidates have to talk about to win. >> have you been surprised or

disappointed with the reaction so far across the -- everyone has weighed in on this over the course of the last 72 hours. any response you've been disappointed with? >> we are thrilled that we've seen the white house come out on this presidential candidates talk about it. we are seeing americans care. i don't believe americans are numb. americans are terrified. they are going to demand action. this is going to happen. >> clinton seemed to get emotional when she introduced the mother of one of the children shot at sandy hook elementary school. take a listen to this. >> many of the parents of these precious children who were murder murdered have taken the unimaginable grief that they have been bearing and have tried to be the voices that we need to hear. >> you can really hear that in her voice. is there anything about clinton that makes her uniquely qualified to tackle this issue? >> yes. i think there is. that's her gender. if you look at polling on gun

control as an issue, there is a huge gender gap. women tend to favor, i'd say on the whole according to polls, tighter gun controls than men. this is something that can work to her advantage as part of her larger appeal to female voters. purely on a political basis. >> one of the things i wanted to talk about was this gallup poll. they asked whether people thought laws should be more strict. 47% said yes, 38% said kept as they are now. 14% said they should be less strict. this is about gun control laws. we talk about these laws after almost every shooting. i'm curious to get your sense. is there any chance that this will change? are those poll numbers enough for you to be optimistic about? >> polls ask different questions different ways. we know nearly 90% of americans want common sense gun reforms like background checks. we know that people are tired of shootings. the oregon scoot shooting was

the 45th in 2015. our moral compass seriously broken. we have to act and will. you can't have 88 americans die every day in this country to the gun violence and not act. it's going to happen. it's a matter of how quickly. that's why we need congress and the president and every state law maker to do something. >> shira, i want to get your take on the headlines about this strategy like this one from huffington post. clinton goes big on gun policy, creates contrast with bernie sanders. is that a strategy that could work? >> i think it might work. in certain demographics among the democratic primary voters. especially in a place like south carolina where you have more urban areas and details of violen violence than would you new hampshire and iowa. there is a difference between bernie sanders record and hillary clinton on gun control. bernie sanders voted against the brady hand gun bill. that is because he is from a state like vermont where there aren't a lot of urban problems with gun control. it's a state where people in

many cases relish their guns because they go hunting and are involved in the outdoors. this is a result of that. i would also say more recently bernie sanders, since newtown, has vote ad alongside his partyo increase gun laws. >> would they have more success than on a national level? >> we are having success in the states. we closed the background check loophole in 18 states. almost going to do it in nevada and maine. we'll have a tipping point where the country is going that way. congress has to get on the bus are be completely out of line with what americans want. >> shannon watts and shira center, thank you for that. coming up, president obama secures one of the biggest trade deals in history. will congress reject it when it comes up for a vote? >> the supreme court is back in session. what's ahead on their docket this term? should we expect any changes to the court? (vo) what does the world run on? it runs on optimism.

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governance and strong labor and environmental protections. >> the tpp would affect 40% of the world's economy after nearly eight years of negotiations. this deal could be a major win for president obama. however, not everyone is sold on this agreement. critics include bernie sanders, the vast majority of congressional democrats and even donald trump. congress will now have 90 days to review the deal before voting on it. joining me is john nichols of the nation. i've got to ask you, you look at everybody from bernie sanders to donald trump, a lot of people in between there from the tea party patriots and others. explain how something with this wide of an opposition is still being struck? do you think this is a bad deal? >> those are two very important questions. it's being struck because this is the conclusion of roughly a decade-long process. there have been negotiations to get toward this for a very long

time. president obama embraced those negotiations some time ago and has fought hard to make it come together. so up to this point, this has been largely a presidential initiative. he did have to get fast track authority from congress, which he recently received. he has not had to go to the core of it to go to congress and ask for passage. now he is going to do it. this issue is going to cause a lot of pundits and a lot of political observers to have a really hard time because it creates incredibly unexpected coalitions on the left and the right, democrats, republicans, independents, and the important thing to understand is there is huge grassroots opposition to this sort of free trade deal across this country largely rooted in the experience of people with nafta, china free trade, with the korean free trade deal. it's just an awful lot of frustration out there in the sense these free trade deals come with a lot of promises but

those promises are never delivered. >> let me pick up on that second question i was asking which is the fine print of the deal. is this a bad deal? one of the key sticking points was that we haven't actually seen the full term of the deal. >> that is exactly right. in fact, it's a very significant issue. today the afl/cio, labor federation for the united states called for the immediate release of the text. so, too, did state senator tammy baldwin and a number of others. they are arguing they need to see this deal quickly. they need to get into the details of it because, while 90 days may seem like a long time, the fact of the matter is this is a huge agreement william, many moving parts within it. where there is going to be a tremendous amount of concern, quite frankly, is how it protects u.s. industries, how it protects u.s. farmers and

whether it has so-called investor state dispute resolution component, which clearly it will. that perhaps gives corporations, multinational corporations a way to get around regulations enacted by local, state and federal governments in the u.s. and other countries. >> we were talking about the wide opposition this deal is receiving. almost immediately after the deal senator bernie sanders called the deal "disastrous." he said, "i am disappointed but not surprised by the decision to move forward on the disastrous trans-pacific partnership trade agreement that will hurt consumers and cost american jobs. wall street and other big corporations won again. it's time to stop letting multinational corporations to rig the system to pad the profits at our expense." what do you make of his response? >> this is clearly where bernie sanders has been for a long time. you'll find some of the other candidates will end up, i suspect in a similar position.

the fact of the matter is, what sanders is saying there really echos a lot of what i heard at the grassroots across the country. i was in ohio last week in lorraine, ohio, an old steel making town. a lot of those mills have been idled in recent years. people really are passionately upset, angry at these free trade deals. my sense is sanders, i think i believes it, but i think he is echoing a sentiment that is very real out there across the country. >> all right. thank you very much, john nichols. we'll have to see what the next 90 days brings in store for the ttp deal. still ahead, hillary clinton lashes out against the congressional committee investigating benghazi. >> this committee was set up as they have admitted for the purpose of making a partisan political issue out of the deaths of four americans. >> it's the first monday in october which means the supreme court is back on the bench. what does the docket look like

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turned and if it set up their own private e-mail servers. >> this committee was set up as they have admitted for the purpose of making a partisan political issue out of the deaths of four americans. i would have never done that. if i were president and there were republicans or democrats who were thinking about that, i would have done everything to shut it down. >> clinton is scheduled to testify before the committee investigating benghazi later this month. a lot of hot button issues on tap for the supreme court. what the year ahead looks like for them. stay with us.

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rights. ari has been writing about the five big questions. calling it a historic last term for the supreme court. >> you've got death penalty cases for, none which go to the heart of the question are we doing this right, is it constitutional? all which deal with how we meet out that punishment. we've also got cases on abortion, on electoral decisions. there is a lot in there. >> you brought up the issue of abortion. the court is taking up the abortion case in texas. the first case to be taken up by the court since 2007. >> this is the case people will remember because texas enacted these strict rules on abortion clinics leading to the closure of about half the state's 41 clinics. the question is do those rules even though for safety, for what many would agree is a good

thing, do they basically impede a woman's right to choose which is still, however controversial, completely protected the constitutional right under roe-v-wade. is that something the state can do or go too far in saying yes, abortion might be technically legal. if not available within hundreds of miles, what does that mean for women in this state? >> the supreme court justices don't give a lot of interviews. you got an interview with justice stephen briar. what struck you the most? >> i spoke to him last week. we have a part now to play that hasn't aired yet. i asked him, do you like the fact that the constitution is invoked so often in mod erb politics? is that a uniquely american thing? let's take a listen. >> as far as our court, which you mean by the constitution, in my opinion it works best when it comes in last. because it is not going to tell people what to do.

they're going to decide what to do. when they decide what to do, our job is after that decision, our primary job, after that decision, does it fall within the boundaries for these are boundaries set for a government of diverse people who are trying to govern themselves democratically. when you say is it good they are talking about this? good, i'm delighted. >> he is delighted. you hear him holding up the constitution. way is saying there, whether it is the tea party on the right or progressives talking about the 14th amendment, this emphasis, this interest in our constitutional history as part of modern politics, he thinks that's a good thing. if it comes to a political debate, the court wants to come in last and npreempt.

>> this is going back to the fisher case. the court said you can consider some diversity, but it has to be narrow. it has to be very much nuanced and can't be something where there is any freebies just based on race. they nightmare oed it. it's going back to the court. opponents think they may be able to strike it down completely. they come to it with an open mind and could leave it on the table. >> are you expecting in i surprises? >> the court declined the obama administration's request to hear a new case regarding insider trading. prosecutors said this ruling which told two convicted insider traders they get out of jail, don't have to go, they wanted that heard. that was a big surprise. people thought when the president's lawyers say let us hear it, the court will do it. that was a sign they don't want to get into that issue. >> thank you very much. thanks for watching "msnbc live."

"hardball" starts right now. hillary attacks on all fronts slamming benghazi and bernie both. let's play "hardball." good evening, i'm chris matthews in washington. if you were waiting to see hillary clinton take on her critics, stop waiting. she is in full battle gear attacking the benghazi crowd on the republican right. gun-backing bernie sanders on the socialist left. for the former first lady, secretary of state, her new battle station is not shift from defense to offense but new fighting spirit. equal in emotion. eugene robinson is a pulitzer prize winning columnist with "the washington post." joan walsh with the nation. congratulations. you start today. >> thank you.