unhappy. he yells and screams and stamps his foot. he curses and yells. and insults anyone nearby. look, as we know in the state of california, wine is something best served with cheese. >> ted cruz seizes on donald trump's complaints that the primary is rigged as the home state seems poised to give him the first win over 50% and trump floats the names of former and current rivals on his vp list. and speaking of current vp -- >> no, i don't mind the question. >> i'll ask -- >> so what was joe biden going to say before being interrupted by a staffer? it's 5:30 on the east coast, 2:30 out west. this is "way too early." ♪

good morning. it's tuesday, april 12th. i'm jonathan capehart. donald trump appears headed for his first majority victory one week from today. as the nbc news/"wall street journal"/marist poll finds him at 54% among new york primary voters ohio governor john kasich sat 21% and ted cruz at 18%. trump took his campaign to albany last night inside an arena with a capacity for 17,000. after losing at the state convention in colorado last week, trump railed against the delegate process. >> if i go to the voters of colorado, we win colorado. so it's a crooked, crooked system.

you know, we think about democracy and wehink about our country. let me tell you a little secret as far as our country is concerned. we have a democracy but we've got to keep our democracy. and we're going to do that. it's very interesting, it's a very sick system. and i'll tell you what. maybe in addition to winning, maybe we'll clean up the system so that in future years, we can have an honest contest. we might be able to clean up this dirty, rotten, disgusting system. >> republican national committee chairman reince priebus tweeted, the rules were set last year. nothing mysterious, nothing new. the rules have not changed. the rules are the same. nothing different. and in the analysis by ari melber shows that the delegate process has benefited trump who's won 45% of the delegates awarded but only 37% of the popular vote. campaigning in california, ted cruz laughed off trump's

complains as supporters called out whining, not winning. >> donald has been yelling and screaming, a lot of whining. i'm sure some cursing. and some late night fevered tweeting. all the characteristics i would note we would want of a commander in chief. and the latest thing he seized upon is when people vote against him, they're stealing the election. it's a really odd notion. well what is this democracy of which you speak? wait, wait, you mean voters get to vote? no no no no. >> new polling shows trump has an uphill climb in the general election. starting among the steadfast republican demographic. the bloomberg politics purple slice online poll finds that just 27% of married women have a favorable opinion of him.

70% have an unfavorable opinion. a negative rating far below his fellow candidates, and in a head to head match-up with hillary clinton, he loses married women by 12 points. 48% to 36%. while ted cruz ties clinton 43% even. back in 2012, republican nominee mitt romney won married women over president obama by seven points. 53 to 46%. a voting bloc that every republican presidential candidate has won since 1996. according to gallup. but at his rally last night, trump said to wait until after the primaries for his poll numbers to improve. >> polls are going to be phenomenal when they start coming out. once i get rid of the first two and we can focus on whoever the enemy is, again it's a rigged deal so it will probably be hillary. i don't think the e-mails will take her down because she's being protected by democrats. it would take anybody else down, but it's not going to take her

down because she's being protected. but she's going to have to live with that when she runs because everybody knows that she is guilty as hell. okay? everybody. her whole life has been a big, fat, beautiful lie. it's been a terrible, terrible lie. everything about her is a lie. >> donald trump is opening up about who he is considering for the vice presidency and some of the choices may surprise you. trump tells "usa today" that he would consider his former opponent marco rubio, scott walker and even current rival john kasich. of the very personal nature of attacks between him and rubio trump said quote, this is a great quote. he made a mistake. he became don rickles for about four days and then i became worse than don rickles. not mentioned -- chris christie who has helped campaign with trump in florida and ohio. during a town hall last night, governor john kasich weighed in on the recent wave of religious

freedom laws. kasich called himself a quote traditional marriage guy, but said people should also try to be more understanding of each other. >> i read about this thing they did in mississippi where apparently you can deny somebody service because they're gay? what the hell are we doing in this country? i mean, look, i may not appreciate a certain lifestyle or approve of it, it doesn't mean i have to go write a law and try to figure out how to have another wedge issue. because one of the things that's happening on this issue itself is that there are politicians that are using it to get publicity, which ultimately divides us. we had a supreme court ruling and you know what? let's move on. >> now to the democrats where hillary clinton is opening up a double digit lead in new york, one week out from the primary. our nbc news/"wall street journal"/marist poll shows her ahead of bernie sanders by 51 to

39%. and a new month mouth poll has her up 12. but the new numbers come as sanders continues to draw massive crowds across the state. he spoke to 5,000 people in binghamton, 6,000 in albany and 8,000 in buffalo. at each event, the senator put new emphasis on environmental issues calling for a nationwide ban on fracking while criticizing clinton for her record on the environment. >> on this issue of fracking, secretary clinton and i have some strong differences of opinion. secretary clinton's role in fracking when she was secretary of state is not a good record. secretary clinton and her state department worked to export fracking throughout the world to reward companies like chevron, halliburton, exxon mobil and

conocophillips. that's unacceptable. >> and sanders hammered away upstate and she called into question her opponent's issue on fluencies and the record on guns. >> i have noticed under the bright spotlight of the scrutiny here in new york, he's had trouble answering questions about his core issue, namely, dealing with the banks. he's had trouble answering foreign policy questions. and so i look forward to a debate that's in new york with people asking the kind of questions that new yorkers ask. when challenged on his gun stances, he frequently says, well, you know, i represent vermont. it's a small, rural state. we have no gun laws. here's what i want you to know. most of the guns that are used in crimes and violence and killings in new york come from out of state.

and this state that has the highest per capita number of those guns that end up committing crimes in new york come from vermont. >> in statement the sanders vote quoted to push back on the argument. the campaign writes, quote, i don't know why secretary clinton would be so critical of the governor of vermont who strongly supports her candidacy. what governor shumlin said it's campaign season, therefore, things are said by all the candidates that sometimes aren't entirely accurate. i would just say this. i think you'd have a hard time convincing vermonters that new york's crime problems are coming from vermont. vice president joe biden hasn't endorsed a candidate in the 2016 race. but in a new interview he talks about what he feels the country is ready for. >> this country is ready for a woman. there's no problem. we'll be able to elect a woman

in this country. >> would you like us to -- >> i would like to see a woman elected. >> that's it. >> no no no. that's all right. no -- i don't mind it. i'm not getting -- >> i would like to ask one more question. >> the president and i are not going to endorse because we both when we ran said let the party decide. but gosh almighty, they're both qualified. hillary is overwhelmingly qualified to be president. >> a source from the vice president's office tells nbc news the interjection by a staff member was made because of the time limit, not the line of questioning. goldman sachs will settle a lawsuit for $5 billion over claims of deceptive mortgage practices that led up to the financial crisis of 2008 that's the back drop for the on going democratic today over hillary clinton's wall street ties and bernie sanders is running an ad that highlights millions in contributions and speaking fees to politicians. at a campaign stop in queens,

clinton was asked to address the possibility that thursday night's debate in brooklyn could spend a lot of time on wall street, given how close the two are geographically. >> let it happen. let it happen. i have a record. as your senator, i spoke out. i called for changes. i have a -- i have the best policy toward dealing with what needs to happen to prevent wall street from ever hurting main street again. paul krugman to professors and universities, barney frank, they have said i have the plan that will actually work. senator sanders couldn't answer questions about whatever his plan is. so we'll talk. still ahead on "way too early," after the death of former saints player will smith, sean payton is saying something that could get him in trouble in right-leaning louisiana. and plus, the weather headline continues to be the

destructive hail in texas. bill karins thamells us where i headed next when "way too early" comes back. right-leaning louisiana. trolling for a gig with braindrone? can't blame you. it's a drone you control with your brain, which controls your thumbs, which control this joystick. no, i'm actually over at the ge booth. we're creating the operating system for industry. it's called predix. it's gonna change the way the world works. ok, i'm telling my brain to tell the drone to get you a copy of my resume. umm, maybe keep your hands on the controller. look out!! ohhhhhhhhhh... you know what, i'm just gonna email it to you. yeah that's probably safer. ok, cool.

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the sports world is reeling after the shooting death of former saints defensive end will smith in an apparent road rage incident on saturday. the lawyer for the man accused of gunning down smith said he's innocent, saying that cardell hayes feared for his life as the confrontation escalated. the 28-year-old is charged with second degree murder, but the attorney says he was not the aggressor. gabe gutierrez has the story. >> reporter: was it road rage, revenge or something else? the lawyer for the man accused of gunning down former nfl star will smith after a crash says his client is innocent. >> was hayes fearful for his life? >> reporter: cardell hayes is charged with second degree murder but his attorney says he was not the aggressor. another car had hit his client's

car first. the hummer hayes was driving smashed into smith's mercedes which then collided with a third vehicle. a chevy impala. >> what happens after the accident is you have someone who steps out of one of the cars and basically starts making threatening gestures and threatening remarks in the direction of mr. hayes. >> reporter: after they exchange words, gunshots rang out. >> there's a male down with another six gunshot wounds to the chest. >> reporter: smith pronounced death. -- dead. his wife shot in the leg. police say they only confiscated one weapon but hayes' attorney says he's looking into whether there may have been another gun at the scene. another string of coincidences -- hayes once received a settlement over the 2005 shooting death of his father. smith had dinner with his friend, a former police officer, named in that lawsuit. at this restaurant. >> everything was normal. no strange stories or anything

awkward. >> reporter: so far, police say there's no connection. smith's death is rippling through the sports world and the mystery is gripping the crescent city. >> that was nbc's gabe gutierrez reporting. new orleans coach sean payton has sparked controversy about a bigger picture. telling "usa today" in a phone interview, quote, i hate guns. 200 years from now they're going to look back and say what was that madness about? he goes on -- the idea that we need them to fend off intruders, people are more apt to draw them in other situations that's some silly stuff we are hanging on to. i'm not an extreme liberal, i find myself leaning to the right on some issues, but on this issue i can't wrap my brain around it. turning now to the nba where in salt lake city, the mavericks

clinched the number seven spot in the playoffs after a 101-92 win over the jazz. it will be the mavs' third straight trip to the playoffs and the team's 15th postseason appearance in the last 16 seasons. meanwhile, in cleveland, the cavalier clinched the eastern conference's top seed after the win over the atlanta hawks. james scored 34 points wrapping up the best field goal percentage over a three-game stretch in his entire career. oklahoma city, the thunder's russell westbrook with a big night against the lakers. posting a triple double before the half. westbrook's 18th triple double of the year ties hall of famer magic johnson for most in the last 40 nba seasons. and while the thunder blew out the lakers it was kobe bryant in the second to last game of his career who stole the show. the future hall of famer received a special introduction before the game and was the subject of adoration from fans through the final buzzer.

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welcome back to "way too early." we have been to baseball games before, yes, even i have been to baseball games. maybe you're sitting with your dad, a foul ball comes near you and then veers off to the next section. yesterday, bill duggen caught three balls in one inning but that wasn't all. >> and a rip on 2-0. back to the seats. again -- a catch. >> same guy? >> is it? >> so he's here to get the foul balls. look, he's on the run. >> you know, he's gotten five balls today.

and he's giving them all away. >> oh, he's looking right now. like stand up and cheer. >> by the way, he caught three of them bare handed. according to our local affiliate in detroit, duggen claims he caught four at a game in 2002. now to some politics. donald trump may be way up in the new york polls, but he won't be getting the support of two of his biggest advocates -- his children. according to public data, both eric and ivanka trump are registered to vote, but not enrolled in a political party which means they're ineligible to vote in the primary. they failed to register as republicans before the october deadline and he says they feel, quote, very, very guilty, but that it's fine. and finally, this morning, the 2016 election has turned into a clash of the titans and last night jimmy fallon noted the perils between the race and captain america's civil war and

had a sneak preview of a marvel movie trailer that blends the two together. >> this summer, an all american idealist faces off against a diabolical billionaire. >> the american dream is an american nightmare. >> the american dream is dead. >> big money buys the election. >> i'm really rich. >> our campaign does not have a super pac. >> i'm in for $35 million right now. excuse me. >> excuse me, i'm talking. >> bing bing bong-bong. [ laughter ] >> america, civil war. >> can somebody check me please. >> that does it for me on "way too early."

coming up on "morning joe," new polling in the battle for the empire state as the gop defends itself about accusations of vote rigging. rand paul will join us on the set. plus, music superstar bono stops by and puts on his humanitarian hat. that and much more next on "morning joe." (laughing) there's nothing like making their day. except making sure their tomorrow is taken care of too. financial guidance while you're mastering life. from chase. so you can. while you're mastering life. try cool mint zantac. hey, need fast heartburn relief? it releases a cooling sensatio in your mouth and throat. zantac works in as little as 30 minutes. nexium can take 24 hours. try cool mint zantac.

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>> there's been so much pressure like in colorado, which was a total fix. the people all wanted to vote. they took away their vote. they said they're going to do it by delegate. oh, isn't that nice. i end up winning louisiana. then, when everything is done, i find out i get less delegates than this guy that got his ass kicked, okay. give me a break. >> now, you may have noticed that when donald loses -- he gets very unhappy. he yells and screams and stamps