we'll be back tomorrow with more "mtp" and erica hill picks up our coverage next. >>. >> right now on msnbc, the suspected planned parenthood shooter appears in court facing a judge for the first time as we learn more about the victims. president obama at a historic summit in paris with more than 150 world leaders meeting about climate change. the united states of america not only recognizes our role in creating this problem, we embrace our responsibility to do something about it. and in the fight for 2016, donald trump meets with a group of black pastors. how many will support his bid for the white house? >> i met some fantastic people. some of whom i had known. good evening, i'm erica hill. we begin in colorado where robert dear, the suspect in

friday's shooting at a planned parenthood clinic appeared before a judge. dear wore a protective vest and said very little. victim's family members were in the court watching the proceedings on the monitor. he faces charge of murder in the first degree. minimum sentence life in prison, maximum death. dear shot and killed three people on friday. a police officer, a mother of two and iraq war veteran. stewart was in the clinic with his girlfriend. he was shot after stepping outside and then running back in to warn others. >> i believe that's his military instinct, leave no soldier behind or civilian behind. leave no one behind. so he ran back inside trying to help out others. >> today his body was released from the coroner's office with a police escort. he leaves behind two children.

stewart also the father of two. police have not given a motive for the shooting. blake mccoy joins us from the el paso county criminal justice center. good evening. >> good evening. there is no question that family members in that courtroom today were hoping to glean more information about a motive, anything about the shooting to help make sense of this. they left sorely disappointed. the only thing that robert dear said was answering the judge's most basic questions, can you hear me? do you understand the charges against you? right now the charge is first degree murder. formal charges don't have to be filed till next week. this is a charge to keep him in jail until the district attorney can file the full litany of charges we expect to include at least three first degree murder charges, nine attempted murder charges. we know at the time of his arrest, he was rambling about politics. president obama, and even said no more baby parts in reference to abortion. none of that came up in this

court appearance today. here is what we know about dear. he's 57 years old. he lived in a remote rv about an hour away from here, up in the mountains of colorado. a small town of about 600 people tell us they had very little contact with him. before living in colorado he was in north carolina and south carolina. neighbors there also described him as a bit of a recluse. someone they had very little contact with. someone who largely lived off the grid. one more point about that court appearance, there is a public defender representing him. the same public defender who recently represented james holmes. this public defender has speern wi experience with these cases. this attack is the latest in a long history of violence against planned parenthood clinics. since 1977, there have been

eight murders, 17 attempted murders and 42 bombings. that group has seen an increase of threats since videos reported to show employees discussing the sale of fetal tissue. when the suspect was taken in for questioning, he said, "no more baby parts." in an apparent reference to those videos. sources stress, however, dear said many things to police and it is unclear tonight to what extent that remark may have played into any decision to target planned parenthood. >> there is much talk today about whether and how this tragedy is being politicalized on and off the campaign trail. all three democratic candidates tweeted their support of the organization during and after friday's attacks. the republican candidates also speaking out though taking a different tone. >> what i would say to anyone who trys to link this terrible

tragedy to anyone who opposes abortion or opposes the sale of body parts is this is typical left wing tactics. >> we don't fully know the motivations of this deranged individual. it's also reported he was registered as an independent, a woman and transgender leftist activist, if that's what it is. i don't think it's fair to blame the rhetoric on the left. this is a murderer. >> there is a tremendous group of people that think it's terrible all the videos they've seen with some of these people from planned parenthood talking about it like you're selling parts to a car. there are people that are extremely upset about it. >> joining me for a closer look at the divide, our msnbc national reporter and lynn sweet, the washington bureau chief at the chicago "sun-times." >> there is talk and debate how or whether the shooting is many

politicalized. mike huckabee calling it domestic terrorism. in the wake of most shooting, there is a predictable and typically swift condemnation of the attack, condolences offered to victims. why is this particular instance and this event different? >> this event is different because it's in the context of a presidential campaign, in the context of a republican house committee to be a select committee investigating the planned parenthood videos, and more important because it touches on the two hottest button social issues for republicans, aborgs and guns. that's why you've got the reaction you do. instead of just saying it's a terrible thing, you do not shoot people. you heard the candidates go off on other points. >> there's been much made about those other points, about the rhetoric. i'm hearing from the executive vice president of planned parenthood saying in a

statement, it's not enough to denounce the tragedy without also denouncing the poisonous rhetoric that fueled it. you covered this extensively. there is this sense of always going back to the rhetoric. how much is that in play right now in the way nationally this event is being perceived? >> well, for abortion providers, they're used to living under certain threats. what they say though is those threats amplified since these secretly report recorded videos made by an anti-abortion videos. these were the same carly fiorina had graphic descriptions of that later proved to be false. planned parenthood says are deceptively edited, show discussion of fetal tissue which is legal. this rhetoric of selling baby

parts is taking opposition to abortion to a more inflamed level. even these conversations about defunding planned parenthood. you didn't hear them in the republican primary 2008. 2012 you started to hear more escalation against planned parenthood. it's fair to say planned parenthood has grown in its prominence in the republican field and conversations like trafficking and baby parts were not previously part of the mainstream rhetoric. you see a shift to the right in that regard in terms of what the main line for republicans are saying, not just off on the fringes. >> how much do you think this will dominate the conversation on the campaign trail? >> it's there. you have moves in congress to defund and there is going to be this house select committee. the point is the republicans will go, you have a few things happening. mental health, packages in congress on that to keep this going, but instead of talking about the, maybe the issue at

hand, and that is the killing, the slaughter in a clinic which no matter what that clinic was doing somehow that's not enough -- it becomes politicalized as we've been talking about. it will continue on because you have the defunding measure in the house, house select committee, a republican campaign where these incendiary issues and nothing i think can change the trajectory of taking this out of the campaign right now. >> you also brought up guns. overall, let's look what happened here. three people are dead. nine injured. why is the discussion of guns in general barely thought of a few days after this? we heard very little, if anything. >> because in the republican primary you do not talk about guns if you want to have any chance of winning. that is the essence. >> you did hear president obama raise the issue of guns.

that said, there is no evidence that there was anything in his past that under normal laws, gun control measures that have been proposed would have blocked him from firearms. abundance of guns is a problem. i don't know there is any specific proposal that would have prevented this individual getting a firearm. we live in a firearm-laden society. >> do you see that becoming more prominent? there may not have been anything in his past that could have prevented this man from getting a gun. >> on the democratic side you will have hillary clinton, marty o'malley and bernie sanders talk about gun, curbs on guns, gun safety, that is very much a part of the democratic agenda. to even go there in a republican primary, it will be a race to the right. there is no one running in the republican primary who wants to talk about guns in a way of

having any loopholes changed or whatever. i just think it is an incendiary combination in this story to combine abortion and guns. that's politics that will run to the right in a republican primary. >> i want to go back to the rhetoric. you covered some of these issues and specifically what is happening in colorado springs extensively. when it comes to the rhetoric in that town, it's a very interesting grouping there. there are a lot of large evangelical churches. you have very outspoken people on the other side. how does that play out in terms of the culture specifically in the country? >> colorado in some ways has both sides of our current national polarized debate on abortion. colorado springs has been nicknamed the evangelical vatican. we are not aware of any links of

this killer or any church or social conservative organization, it is the headquarters of focus on the family. colorado has liberal laws on abortion. it has one of the few abortion providers who openly provides try mes trimester aborgs in colorado. after the attorney general chose not to investigate planned parenthood, it was colorado springs representatives that said they were leading the charge against planned parenthood. >> interesting discussion. we appreciate you joining us tonight. thank you both. >> thank you. >>. >> you can hear more from cecile richards tonight "the rachel maddow show" here on msnbc. still ahead, to endorse or not endorse. donald trump meeting with

african-american pastors this afternoon. did he win their support? >> plus a judge reviews video of 17-year-old laquan mcdonald's murder as jason van dyke appears in court. world leaders convening in parents at the high stakes conference on climate, an ambitious attempt to curb rising temperatures. the best of everything is even better during red lobster's ultimate seafood celebration. with jazzed up new dishes like the decadent grand seafood feast and the ultimate wood-grilled feast

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breaking news, out of illinois. the chicago officer charged with shooting 17-year-old laquan mcdonald last year posted $1.5 million bond and left jail. you can see him leaving surrounded by a crush of reporters. he did not make a statement. officer jason van dyke had been behind bars since turning himself in last week. the video of the shooting just released last week set off protests in chicago, and we will have more on this just ahead with msnbc chief legal correspondent ari melber.

stay with us for that. at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda.

>>. >> right now, nearly 150 world leaders are in paris with a goal of cutting carbon pollution to slow climate change. today president obama had three minutes to speak with heads of state about his vision for change. instead, the president spoke for nearly 14 minutes saying he is ready to fight cynicism and create a better world for our children. >> i've come here personally as the leader of the world's largest economy and the second large e largest emitter to say the

united states of america not only recognizes our role in creating this problem, we embrace our responsibility to do something about it. >> these talks come during a state of emergency in paris after the deadly terror attacks in that city two weeks ago. clashes between protesters and police sunday led to more than 170 arrests. kelly o'donnell is live in paris with more on the conversations that could lead to a big climate agreement. also a rather interestingly side conversation that wasn't on the agenda. >> not on the agenda at all, erica. no former coverage of it, as well. it was not entirely a surprise to find out that barack obama and vladimir putin found a way to reach each other on what is known as the sidelines of a meeting like this. the kremlin was quick to point out a couple of photos they put out in their news release. the white house has not yet done so. there was no u.s. media coverage of it. that conversation is important

for a lot of reasons. we know the tensions that existed between the u.s. and russia, especially in respect to the isis battle and differing sort of agendas when it comes to syria, with russia being more actively involved. white house officials telling us tonight they have intensified their attacks on isis fighters in syria, but we have also seen they have targeted a moderate syrian opposition because they would like to see assad stay in power. however brief the meeting between obama and putin, they talked about ukraine. the president was able to give to vladimir putin his condolences for the loss of a russian pilot when turkey downed one of their military jets. russia and turkey, their leaders did not speak here. tomorrow president obama will meet with the turkish president and perhaps continue that conversation. as you point out, the reason these leaders came together is for climate change and an effort

to put together a global pact that could reduce carbon emissions and try to limit the rise in temperature of the plan the over time. the big question is how much can they get done, will it be enough to satisfy those who believe there is urgent need for action, and politically how will it play out? on capitol hill back home, republicans are not inclined to want to support the president on this kind of a matter, so when barack obama came to paris, he's not looking for a treaty. not looking for something the senate would have to approve, but this is a very big day for him. he spent the evening dining with the french president at a paris restaurant. another way of saying to the city and much more broadly paris is trying to get back on its feet. the city in operation and open for business after those difficult terror attacks just two weeks ago. >> kelly o'donnell live in paris for us tonight, thank you. i want to bring in the senior vice president of government affairs at the league

of conservation voters, a liberal advocacy organization. there is not a huge amount of republican support. the president clear this isn't a treaty. wouldn't be something that needs congressional approval. with all those factors out there, even if there is an agreement, will there be a tangible impact felt here at home? >> hi, erica. thanks for having me. we are tremendously optimistic and very confident we are going to emerge from paris with a very meaningful agreement. they are going to have all countries coming to the table doing their fair share when it comes to fighting the climate crisis. already, nearly 180 countries have submitted their plans for cutting carbon pollution. that represents nearly 95% of global greenhouse gas emission. you referenced the political situation at home. it's unfortunate. there are far too many climate change deniers led by mitch mcconnell. we believe the president will

continue his amazing leadership. nearly 600,000 people from 175 countries across the world came together to call for climate action we are confident. >> you said all countries are doing their fair share. this opens on a day when we saw these pictures out of china. parts of china seeing some of the most severe pollution they have seen in a year. china, can china and frankly russia for that matter, be trusted to follow through on an agreement? >> these images definitely show that it is all too important we get an agreement. that's one of the reasons we were so pleased to see president obama achieve an historic climate change agreement with china. he's continued that with the clean power plant, the single largest thing this country has done to cut carbon pollution. rejecting the xl pipeline and by leading the way, the united states is showing china, russia, india, brazil, many countries

what has to be done, what we are willing to do. >> you think this he will follow through then? >> we are very optimistic going into this agreement that countries are going to agree to do what is necessary. we have a lot farther to go, which is why after paris each country will need to go back and build on the progress from paris with its own very serious domestic commitments. >> appreciate your time tonight. thank you. >> thank you. coming up next, 'tis the season. the biggest online shopping day is upon us. we break down the cyber monday consumer latest. plus, all the female democratic senators endorsing hillary clinton today except one. who? stay with us. a deer leaps into the road

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pocket. the latest wealth management christmas price index shows the prices of several 12 days of christmas gifts on the rise. labor costs have jacked up the price of those 10 lords a-leaping by 10% last year. two turtle doves will cost you $290 this year. that's up 11.5% from 2014. if you are in the market for a partridge in a pear tree, prepare to shell out $215, up 3%. if you are looking to buy all of the gifts from the 12 days of christmas, that will cost you $34,131. you say you are in the market for something more economical? today could be your day, especially if you are shopping online. on this cyber monday, so many deals to be had. olivia sterns is at an amazon distribution center in robbinsville, new jersey.

>> good evening. this really looks like a tipping point for the first time ever, more americans went shopping online over the black friday weekend than they did in brick and mortar stores. americans spent $10.5 billion on black friday and on thursday, a lot of money went down 10% versus last year. all the growth was online. we saw nearly $4.5 billion spent. predictions for today, $3 billion, according to adobe and that would represent a double-digit increase. 50% of americans, one in two of us plan to do some kind of shopping today. if do you, a few quick tips. look out for flash sales. don't log on once and sign off. you'll see lightning deals and temporary deals rolled out by amazon, walmart and many other retailers. follow the brands you like on social media twitter, instagram,

facebook. don't forget to download the app. a lot of brands are reserving their deepest discounts for the most loyal followers. walmart is experimenting with all sorts of click and collect options so you can shop online and pick something up in store. amazon unveiled new commercials for its new drone delivery service. they are calling it amazon prime air. they promise to deliver packages that weigh up to five pounds within 30 minutes. they need for regulators to give them the green light. >> olivia, thank you. tomorrow is giving tuesday. msnbc is a media partner for the global movement to promote charity during this season of kindness. we would like to hear from you. what will you give, how will you contribute? tell us just use the hashtag giving tuesday and feel free to

post a selfy. we are following breaking news out of chicago where the police officer accused of murder in a fatal shooting last year just posted bond and left jail. more details on that ahead. donned trump's meeting with african-american pastors. did he take a step toward gaining some of their support? hillary clinton will be joined by 13 women at a u.s. senate this evening at a fund-raiser. one won't be there.  the pursuit of healthier. it begins from the second we're born. because, healthier doesn't happen all by itself. it needs to be earned every day. using wellness to keep away illness. and believing a single life can be made better by millions of others. as a health services and innovation company optum powers modern healthcare by connecting

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with black pastors, calling the meeting a huge success. last week the trump campaign announced a large group of black pastors will meet and endorse him. then a planned presser today was canceled. he did come out and speak with folks after that meeting. katy tur was inside trump towers. you spoke with the pastors who met with donald trump today. >> it happened organically inside the lobby of trump tower as they came down to speak to the press, so did donald trump. he said it was a successful meeting. the pastors who came to that press conference said what its a very successful meeting despite what sources told me was a contentious meeting inside that room when a number got up and expressed concern loudly about his tweets where he pointed out crime stats that were bogus that said most white people were killed by black people. that crime stat doesn't actually exist. black lives matter protest who

was beat up at a trump rally in alabama. i pressed pastor daryl scott on that issue and on trump's defense of the people who roughed up that protester. here is what he had to say. >> that's very unfortunate that happened. nobody endorsees that man getting beat up. >> mr. trump said he probably deserved it. >> i tell you this much, i really believe the person that disrupted that crowd, if that had been me, i would pick a different battlefield. >> he said the guy probably deserved it. he probably deserved to get roughed up. do you think that -- >> i don't agree with that. i'm not in agreement with everything my brother and sister say. >> that's what you are hearing from a lot of these supporters on the campaign trail. i don't have to agree with everything he says, but i support him in general. one of the pastors standing

right next to pastor scott told me it wasn't about these enflamed words, but how donald trump will create jobs. only a handful of pastors and religious leaders came out to the press conference to say they endorsed donald trump. the vast majority left without endorsing him. i want to play sound from over the weekend. donald trump was speaking with donald trump. >> yesterday i was in sarasota, florida, people were saying they live in new jersey. >> people were saying, people were saying -- mr. trump, if i said, well people have said, mr. trump's not worth $10 billion and people were saying, would you say that was crazy. you wouldn't make a business deal based on retweets and based on hearsay.

you are running for president of the united states. your words matter. truthfulness matters. fact-based stuff matters. >> take it easy, chuck. just play cool. >> there is so much talk about facts and truths in this a lot of people in that meeting don't agree with everything donald trump has to say. most voters say they don't whole-heartedly agree with every point the candidate makes. do the facts matter to primary voters? >> the facts in the case of the jersey city allegation? >> in general. we are seeing multiple instances where donald trump said things that have been roundly debunked. we look at the crime statistics, tweeting out statistics that don't exist. there have been a number of instances where they're blatantly lies or seemingly made up truths. does it matter at this point to many of the primary voters whether or not these are factual statements? >> i think it should matter.

not just because of the issue of trustworthiness and honesty, but why are these facts being tweeted out? i think it's to be inflammatory and stir passions. unfortunately, that is a tactic that does work. it works with voters on both sides of the aisle. american people and human nature. when it comes to the new jersey allegations, however, there was a "the washington post" report a week after 9/11 that there were people brought into jers wey ci police station for allegations of celebrations held on roof tops. there have been no charges filed and no convictions. i think the press and donald trump have been extreme in their statements. >> "the washington post" reported there were allegations and they later said they could not confirm those allegations. >> that is not true. they reported police investigated individuals for those allegations. >> when donald trump continues to say he saw it on television,

would you think by now somebody would have come forward with some video. here is the problem. donald trump is so over the top, people are used to his bluster. they are used to him saying outlandish stuff. what another candidate would have to apologize is the norm for him. he gets points by not having to apologize. that's what he does. here is what i was told by pastors in this meeting. he was told point blank he needs to watch his tone. they cannot go back to their members and say give this man some consideration if he continues to use the tone he uses. he acknowledged in the meeting he needs to work on that. he came out later saying they are fine with my tone, that is not what i was told by pastors in that meeting. trump realizes at some point you have to act presidential as opposed to just being a reality talk show participant. >> that's one of the problems

with trump's candidacy. he will make outlandish comments, get blow back and back pedal and say, who are you going to believe me or your lying eyes? he's begin interviews where he said as president i would obviously be presidential. this is for campaign purposes. but again, what is the intended effect? what is the goal? i think it is to be incendiary and inflammatory and stir passions. so far it's been working for mr. trump. >> it is working. as you said, maybe it's not so much about the facts in this case but more about the type of leader someone will be. when does that start to figure into the equation for voters? >> for voters? the proof will be in the pudding on those primary dates if donald trump can continue. a lot of folks said this is the first act he can't live up to a second act. this is going on. it is a long act.

where is the intermission? you're seeing other republican candidates trying to beef up their rhetoric dropping the f-bomb, trying to seymour macho. >> we are hearing from other law makers, senator john mccain calling out donald trump over the weekend his rhetoric when it came to muslims. >> it has an interesting effect turning muslims all over the world against the united states of america which is 99.4% people who practice an honorable religion. >> how much do comments from senator mccain help or hurt the situation in this case? >> they don't hurt donald trump. this is the same guy who ripped senator john mccain over the whole issue of being a p.o.w. other republicans saying how dare you criticize a united states senator who is an american hero, didn't hurt him

at all. a lot said great, we got tired of john mccain any way. he is appealing to base level of people, playing into fears. he knows exactly way is doing. he is pushing all the right buttons. you have folk whose say, who cares? we know exactly how many of these muslims are in america. he knows exactly what he is doing. that is what is so scary. you go after 2000, if you look how being governor george w. bush was meticulous recruiting american muslims, going after their votes, the role they play in michigan, the role they play in florida, it's as if that never even existed. trump doesn't care. he is playing to the voters who say keep giving hell. that's what he is doing. >> you spoke to a number of pastors today. how much are they discussing politics and the election in

their churches? >> black pastors have always done so. you didn't have what is considered major black pastors in that meeting. much smaller congregations. it's no surprise you have zimmer people there. this is a huge issue. don't be surprised if you see more of this down the path. >> nice to have you both with us. thank you. >> thank you. >> thanks much. still to come on msnbc, the chicago officer accused of killing 17-year-old laquan mcdonald posts pond and leaves jail tonight. >>. >> hillary clinton about to appear with 13 democratic female senators who are expected to endorse her. one big name will not be there however. stay tuned.

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nice to have you with us. no elizabeth warren is getting a lot of attention. that would seem to be the bigger headline as opposed to the 13 women endorsing hillary clinton. >> that's right. it's no surprise you would have a number of prominent senators standing by her. it is a surprise when you would have one who represents a populous strain that is growing in sentiment and attraction within the party and the party base who hillary clinton really needs to be able to reach that part of the base. elizabeth warren is not endorsing her, you have to ask why? why isn't she endorsing her? when will she endorse her? what does she want for her endorsement? >> earlier this year, senator warren did speak out offering advice in many ways to anybody running for president. it would seem some of these words were directed at hillary

clinton. let's take a listen. >> i think that anyone running for that job, anyone who wants the power to make every key economic appointment and every key nomination across the federal government should say loud and clear, we don't run this country for wall street and mega corporations, we run it for people. >> based on that, obviously a sense of what she would like to see in a candidate. is it possible that senator warren doesn't endorse anyone? >> i think once there is a nominee and that will almost certainly be hillary clinton that she will fall behind hillary clinton. she already has had a great deal of influence on the contours of the race. she made specific policy prescriptions calling on people to get behind a bill, for instance, sponsored by tammy baldwin that would ban these

golden parachutes from folks leaving wall street firms and going to work in the government soon after she came out and called on people to support that, hillary clinton came out and supported that. there are other ways though where she and her supporters feel hillary clinton hasn't gone far enough, including last month she suggested all democrats should be behind a new many law that separates commercial and investment banking. martin o'malley and bernie sanders have already come out and supported that. that leaves hillary clinton. >> what about the, two-fold on this next question. why tonight? and secondly, why important to show all 13 of these senators together? >> well, there is solidarity and obviously hillary clinton has more openly embraced the idea of making history by being the first female president, something she kind of stayed

away from in 2008. she is doing that more this time. what better way to sort of symbolize the historical precedent than having 13, almost all the democratic women senators standing with her in support of her campaign? >> ken vogel, nice to see you tonight. thank you. still ahead, the chicago officer accused of shooting a teenager posts bond and leaves jail tonight. more details ahead. the only way to get better is to challenge yourself,

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developing in the last 45 minutes, a chicago police officer charged with shooting and killing a 17-year-old last year walked out of jail. officer jason van dyke posting a $1.5 million bond. we'll speak with msnbc chief legal correspondent ari melber about the legal challenges in this case. that's next. sorry. come on sweetie. it's okay. and knowing right when my packages arrive. introducing real-time delivery notifications. one more reason this is our season. ♪ [ girl ] my mom,

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[ male announcer ] pain not sitting too well? burning to feel better? itching for relief? preparation h offers the most maximum strength solutions for all hemorrhoid symptoms. from the brand doctors recommend most. preparation h. don't stand for hemorrhoids. lots of legal stories making headlines today. first in chicago, less than an hour ago officer jason van dyke posted $1.5 million bond and walked out of jail. van dyke is charged with first degree murder after he shot and killed 17-year-old laquan mcdonald last year. officials released dash cam video of mcdonald's death last week sparking protests across the city through the thanksgiving weekend. >> in baltimore, jury selection began in the trial of officer william porter, the first of six officer to go on trial for the

death of freddie gray. porter has pled not guilty to charges of involuntary manslaughter and second degree assault. freddie gray died earlier this year of apparent injuries a week after he was arrested by baltimore police. joining me to discuss both cases, msnbc chief legal correspondent ari melber. last time we talked was the night this video came out in chicago. jason van dyke we saw posting bond, $1.5 million. was there any surprise he wasn't held without bond in this case or was that expected? >> this is a tough one. people look at this and ask sometimes, are we all being judged by the same standards or not? there is an argument people indicted on a first degree murder charge of this nature wouldn't necessarily get out on bond. the legal situation is prosecutors did ask in this case

for him to be held in jail, no bond, but the judge ruled he was not a flight risk. thus he with the presumption of innocence should be able to put up bond. the way it works in the numbers is 10%. he put up $150,000 collateral saying he won't be a flight risk and is not otherwise an act of danger. i think it's fair to ask these questions. people will say is there a different set of standards for him? >> you want to weigh in on that? that's what fuel as lot of this case to begin with. >> to weigh in on it, my view is on the one hand, it would be good if everyone had the presumption of innocence and didn't spend a lot of time where you can't make the funds you end up in jail for months at a time with an effect on your family and job. i would say it would be positive if everyone could get out and it

was equal, but it is problematic if some people are getting out and a lot of people aren't. the third largest jail system in the united states is rikers island. full of people who haven't been found guilty of anything. people look at that and say, look at all those people. here is an officer who came up with $150,000 and is out. >> we talked about the dash cam video. there is a lot of dispute over another piece of video supposedly from the burger king. where does that stand? >> where it stands is you have allegations, at least from people who were at that burger king who said police came in and the staff at the burger king said they were cooperating with the investigation, take a look at the video and the video went missing. that had people saying the police did something with that video. the mayor and police chief denied it. there is not any evidence proving they did that. it's a factual thing where people go obviously if you came in and looked at the video and

there is a big mixing gap 2, did you do it? unlike where you have a smoking gun, there is no smoking gun evidence to resolve that. >> in baltimore, this is such a polarizing case but so much national attention. when you look at the job of seating a jury, how difficult will it be? >> i think it's very hard. this jury will not be that different from every other jury. the question is can you put everything you heard and put that aside. can do you that fairly? they eliminate certain people and try to get through that process. people who go through the full jury process, you should respond to your jury summons. you find you meet a lot of people trying to do it fairly. >> nice to see you. >> thank you. >> thanks to all of you for

joining us on msnbc live. i'm erica hill. "hardball" starts right now. does the matter what he says? let's play "hardball." good evening, i'm chris matthews back in washington. does the trump voter care if he's telling the truth or the attitude he's selling? when the billionaire says, for example, that president obama is a foreigner and therefore, constitutionally banned from the presidency, does the trump supporter believe that? or does he hate obama enough to ditto the dishonesty? when trump says he saw people in new jersey cheering the fall of the trade towers, does the supporter think he's solid or simply like the guy's screw-you attitude to people who try to keep on his track of such things? does the fact report are say one thing and trump another that his